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CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, January 20, 2009 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councitmembers: 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 January 6, 2009 were approved. *AYE* NO * DAVIS FONTANA * °� FRANCZYK GOLOMBEK * ' * * * KEARNS LOCURTO * * RIVERA * * * RUSSELL * * * SMITH: _ ------------- [ MAJ - 5 ] * 9 * 0 [ 2/3 - 6 [3/4- 7] 0 Jan 20, 2009 c , FROM THE MAYOR Jan 20, 2009 00001 TO: 11 1F CONI(MON COUNCIL I)_ <1"I`;::�,: ]aiivary [ G, 200` SUBJECT: 2008 -2009 Revised Snow Removal Standard Operating Procedure Attached for your honorable body's review is the City's revised 2008 -2009 snow removal standard operating; procedure. At the direction of my office, a comprehensive review of all City snow removal operations was undertaken, resulting in - revisions to the original Department of Works, Parks and Streets 2008 -09 Snow Removal Standard Operating Procedure Manual and the Department's snow removal operations such as: * Implementation of GPS Pilot Program; Adjustment to Alternate Parking Regulations; ® utilization of personnel in other city departments for snow removal.; Retaining private contractors for snow.removal; Securing towing companies to remove illegally parked cars Improvements to residential plowing strategies; Enhancing training for new and current employees; ® Creation of snow fighting command center; ® Requiring mandatory post storm reports; Implementation of Corporate Emergency Access System.. I look forward to working with your honorable body in implementing these procedures. DEPARTMENT HEAD NAME: TI`I'L,E: Byron W. Brown Mayor SIGNAT OF DEPARTMENT HEAD. IS Byron W. Brown, Mayor REFERRED TO 71 HE COMMITTEE ON LEGISLATION. L_L'_ C FROM THE MAYOR - EXECUTIVE DEPARTMENT Jan 20, 2009 FROM THE OFFICE OF CITIZEN SERVICES 0000% COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL DATE: January 5, 2009 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- December 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of December 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by Councilmatic district. kFMAVED AND FILED Department Head Name: Oswaldo Mestre Jr, Title: Signature of Department Head r Citizen Services r" _ ..l.Ilcgal Dumping OOP Kealh;state .111pua1 f7jirnnin� IOW (jirh City of Buffalo Citizens Services 218 City Hall Page 1 115/2009 Calls Between 121 112008 and 12/3112008 City of Buffalo Citizens Services 218 City Hall Galls Between 12/112008 and 12/3112008 Bridge Issue Cave in City Forester 7 52 .. 51 ....:..........:. 1.65 8 37 Is 141 _. 59 7 6 2 .,. ...: . ...::.:.:.:.... 12 1 1969 63 ..:........:.... 2 841 29 .:, ..::.:........:... 2 2 . _. Page 2 1/5/2009 f City of Buffalo Citizens Services 218 City Hall Page 3 1/5/2009 Calls Between 12/1/2008 and 12131/2008 tl FROM THE CITY PLANNING BOARD Jan 20, 2009 ®0003 _ NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - 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 6 of the New York State Environmental Conservation Law. Lead Agency:' City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Superior Lubricants Location: 32 Floss Avenue Type of Action: Unlisted - Uncoordinated Description: Roberts Shackleton Boy on behalf of Superior Lubricants is proposing the modification of the building on the property located at 32 Floss Avenue Buffalo New York. The project consists of modifying an existing 1 -story 37,255 square foot concrete block/brick building to a warehouse facility. Work to be completed will include constructing a new loading dock on the east side of the building with two truck bays, a build out of the interior of the building (3700 square feet) for office and retail sales with the remaining area to be used for warehouse space and vehicle storage. The site work will also include new plantings, a berm for the screening of the parking lot, new grass areas, parking lot striping and fencing. The project is privately funded and will cost $100,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will convert a long vacant Tops Supermarket into a productive warehouse with the possibility of employment for neighborhood residents as well as upgraded landscaping that will be beneficial to 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 December 30, 2008 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Robert Shackleton Boy RECEIVED N ED FROM THE OFFICE OF S`T'RATEGIC: PLANNING 00004 #1 (Rev. 1193) One Page Communication to the Common Council T0: THE COMMON COUNCIL DATE: January 6, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 428 Bailey, 215' N Seneca Lot Size: 56'x 13' Assessed Valuation: $2,000.00 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr, Robert Skerker, 2615 Walden Avenue, Cheektowaga, New York 14225 to purchase 428 Bailey. Mr. Skerker owns and operates 500 Bailey LLC, a light manufacturing business located at 500 Bailey, which is adjacent to 428 Bailey. He intends to clean up and square off the property line and use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar commercial lots in the subject area. Sales range from Sixty Five Cents ($.65) to One Dollar and Thirty Five Cents ($1.35), per square foot. The results of our negotiations are that Mr, Skerker has agreed and is prepared to pay Five Hundred Dollars ($500.00), One Dollar and Twenty Five Cents ($1.25) per square foot for the subject property. He has also agreed to pay for the cost of the transfer flax and recording fees. 1 am recommending that Your Honorable Body approve the sale of 428 Bailey to Mr. Robert Skerker of 500 Bailey LLC in the amount of Five Hundred Dollars ($500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF 1�ST TIO MRAN & INANCE OFFICE Ol =STRX'_GIC ANNING SIGNATURE OF DEPARTMENT HEAD: - CAK :JPH:ck Resneg428baileylre ON 60' EE 0 M CL cr o. =3 cu 3 City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 5 PASSED January 20, 2009 Results Neg 151 lirschbeck (Fill) Gerald A Chwalinski City Clerk �� A 00005 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 12, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 16 Hirschbeck, 126' N Broadway Lot Size: 34' x 110' NL, Irr SL, 51.34' Rear Assessed Valuation: $2,000.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mark Zawadzki and Mrs. Diane Zawadzki, 8907 Erie Road, Angola, New York 14006 to purchase 16 Hirschbeck. Mr. and Mrs. Zawadzki own a two family dwelling at 18 Hirschbeck, which is adjacent to 16 Hirschbeck. They intend to use the vacant lot for additional green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale_ There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchases. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr, and Mrs. Zawadzki have agreed and are prepared to pay Two Thousand Nine Hundred Dollars ($2,900.00), Sixty Five Cents ($.65) per square foot for the subject properly. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 16 Hirschbeck to Mr. and Mrs. Zawadzki in the amount of Two Thousand Nine Hundred Dollars ($2,900.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADM I TRATI & FINANCE OF [ICE OF ST - ATE LANNING SIGNATURE OF DEPARTMENT HEAD: CAK:JPKck Res neg I 6hirsch beck/re SHP Soo HIRSCHBECK fAi SCHUTRUM 5f Z 714 0 o SCALE QF rLE7 5 1 0 0 50 ,aa ccd SANSORM wp RRm8p 1srfR 39 X 7 21? 39 As N 17Z 72 l& 777 Yr X, ➢ YZ 07 NJ % 1 171. s 7 , €l�� �D pD lYt� A} � ',aD by 1 % %2 •� J 17 � 1 D _p D I 47 /* 15f pf fAi SCHUTRUM 5f Z 714 0 o SCALE QF rLE7 5 1 0 0 50 ,aa ccd SANSORM wp RRm8p 1srfR 39 Mr. Fontana moved: That the above communication fl - Om the Office of Strategic Planning dated January 12, 2009, be received and filed; and That the offer from Mrs. Diane Lawadzki, residing at 8907 I ris; Load, Angola, in the sum of two thousand and nine hundred dollars ($2,900.00) for the purchase of 16 I irschbeck, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the sarne, in accordance with the terms of sale upon which the offer was submitted.- Passed. F. TABJ IT] V tAwp60\rIIS vord\rmvl4cl- 20a.doc *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RTVERA * * * RUSSELL SMITH [ ------------- 1 [MAJ- 51 [ 213 - 61 [ 3/4 - 71 * Is * City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO FITWIT "; Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 6 Results Neg-1 19 Lathrop (Fill) PASSED January 20, 2009 Gerald A Chwalinski City Clerk t, \Y = {.= }` vvl�( I (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 5, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 119 Lathrop, 1148.32' N Broadway Lot Size: 30' x 179' Assessed Valuation: $1,900.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Wendy Sanders, 49 Clarendon Street, Buffalo, New York 14209 to purchase 119 Lathrop. Mrs. Sanders owns and operates Joseph A. Sanders and Sons, Inc., a roofing business located at 99 Lathrop Street, which is adjacent to 119 Lathrop. She intends to use the vacant lot for parking and extra storage for her business. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar ($1.00), per square foot. The results of our negotiations are that Mrs. Sanders has agreed and is prepared to pay Four Thousand Dollars ($4,000.00), Seventy Five Cents ($.75) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 119 Lathrop Street to Mrs. Wendy Sanders of Joseph A. Sanders and Sons, Inc., in the amount of Four Thousand Dollars ($4,000.00). lam further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADM INISTRATIQN & FINANCE OFFICE OF STRATEGIC P ANNIN6 SIGNATURE OF DEPARTMENT HEAD: ti CAK:JPH:ck Resneg119 Lathrop /re 269 �C ri Yl� �� f In FA rs sSHONLBfR�.S -------------------------------- �;_� a 4 0 �f —STAN 15 LAU S 3 �e t A a 4 0 �f —STAN 15 LAU S 3 �e �� I I V �� � � � Il 'l I °� I��11 11 � 0 tQ 'ZI t.r� C,LE DF FCE7 50 0 So A 10S- A. SANDERS 9 S NS INC. 7 a A4 257 11 � 0 tQ 'ZI t.r� C,LE DF FCE7 50 0 So Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated .January 5, 2009, be received and filed; and That the offer from Mrs. Wendy Sanders, residing at 49 Clarendon Street, in the su;rn of four thousand dollars ($4,000.00) for the purchase of 119 Lathrop, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary docun - tents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. TAB:rmv l_1wp60 \jnsword\nuvl5c I - 20a.doc [L - WE * [ 9 -1 l 0 CS - fvwl vmvimoj * * SIAVQ * ON *FIAV* * 'I'TRSSR2I "aA I'H * ODMDOI SNxd�x * xAZONV d,4 vmvimoj * * SIAVQ * ON *FIAV* City Clerk's Department BUFFALO January 23, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. Nu. 7 PASSED January 20, 2009 Results Neg -4$ Lowell(Nia) Gerald A Chwalinski City Clerk ,z x J1 00007 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 6, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 48 Lowell, 177.83' SE Rhode Island Lot Size: 28'x57' Assessed Valuation: Land $3,000. Improvement: $20,100. Total $23,100. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jose Quinones and Mrs. Lourdes Diaz -Asia, 102 Congress Street, Buffalo, New York 14213 to purchase 48 Lowell Street. Mr. Quinones and Mrs. Diaz -Asia intend to renovate the dwelling and use as a place of residence. The estimated cost of renovations is Ten Thousand Dollars ($10,000.00). They have provided proof of financial ability to complete the purchase and repair the property. The property consists of 1,486 square feet, two and one half story, three family frame dwelling in fair condition situated on a lot 28'x 57'. The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Four Dollars and Fifty Cents ($4.00) to Fourteen Dollars and Fifty Cents ($14.50), per square foot of living area. The results of our negotiations are that they have agreed and are prepared to pay Six Thousand Five Hundred Dollars ($6,500.00), Four Dollars ($4.37) per square foot of living area for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 48 Lowell Street to Mr. Jose Quinones and Mrs. Lourdes Diaz -Asia in the amount of Six Thousand Five Hundred Dollars ($6,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME TITLE: CARLA A. KOSMERL DIRE OR OF ADMiN1STRATI N & FINANCE OFFI -QE F- STRATMIC PLAWNG SIGNATURE OF DEPARTMENT HEAD: CAK:JPH:ck a .� �, \ \y \.w . . . . . . . ...... t o i e Z Q VJ W 0 0 Z p n ea 2 -R- "f rij i D n r r • i � e r � "n 9 rrs F RANK A. SEO! FA COMMUA SCHpO� - NO. 38 Naneo�6 /954 ,STt`fL FR PMr FL= 8 CYP RF, s rE'L'G ✓o/5YS /l. Y/c C AR lRCFO � C d dR. FR GEa, we 4S TiLS PRwTNS J4SP0. cf /t PS 2 SOH r. K p 14 z O 2 I « / n II II Ii r LOWELL PL. ; JS, 36 34 30 78 /8 A c•w«< !� u m b ri fi Ali D X D e ,#'vr . "t . p •: :� !r 16! rY [l. tVr Z D z fl Tr- fl u « / n II II Ii r LOWELL PL. ; JS, 36 34 30 78 /8 A c•w«< !� u m b ri fi Ali D X D e ,#'vr . "t . D• •: :� !r N • Z D z Tr- ' Y .. / n a Q � I l? / rz R. f r z9�11 z ? D. 9 S -0 a z J h n n 5! n n I) p 5CAtE OF FEET II �� 0 Sf7 IOE II COPYRICNr SANBORN ew P commkr. mr, N 11 15 TH ST. 0D// 119 53 {{ O T E IF �If a p gf o �t /�7 155 I,�3 149 II fr fl n II II n tf 11 IE {r !i w n _4 f� /fu0l TA{ t S YRGE 2 r,q"v RM l -a z7 0 Graf. N{Yia ? /4'M cP C. S-1 Rp. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 6, 2009, be received and filed; and That the offer from Mrs. Lourdes Diaz -Asia, residing at 102 Congress Street, in the sum of six thousand and five hundred dollars ($6,500.00) for the purchase of 48 Lowell, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. h TARt tAwl)60\snswordlnnvl6c I -20a. doc *AYE* NO * DAMS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * * * RUSSELL * `� SMITH I - -- _- - --- -] [MAJ- S] [213 - 6] [3/A - 7] City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 8 PASSED January 20, 2009 Results Neg -27 Newell (Fill) Gerald A Chwalinski City Clerk #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 5, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 27 Newell, 272'S William' Lot Size: 65' x 215' Assessed Valuation: $6,100.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jay A. Pohlman, Attorney at Law, 3990 McKinley Parkway, Suite 1, Blasdell, New York 14219 representing Will Poultry Company to purchase 27 Newell Street. Will Poultry Company intends to acquire this former parking lot and repave and fence in for their business located at 1075 William Street. The lot at 27 Newell is zoned M -1 and is properly zoned for the intended use. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Seventy -Five Cents ($15), per square foot. The results of our negotiations are that Will Poultry Company has agreed and is prepared to pay Five Thousand Four Hundred Dollars ($5,400), Sixty Six Cents ($.66) per square foot for the subject property. They have also agreed to pay for the cost of the t ansfertax and recording fees. I am recommending that Your Honorable Body approve the sale of 27 Newell to Will Poultry Company in the amount of Five Thousand Four Hundred Dollars ($5,400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD CAK:JPH:ck CARLA A. KOSMERL DIRECTOR OF ADMINISTRATION- FINANCE OFFICE OF ST 7ATEGIC ANN ING �� wo M1 72E 1 1 o COPYAlGNI SAH80FN MAP �•UMP•• Hr. Nx' 747 . E� PoUyf � .9S iZ f) �g4F{ OA � pA �c MY..I "oniana moved, That the above communication from the Office of Strategic Planning dated January 5, 2009, be received and filed; and That the offer from Mr. Jay A. Pohlman, Attorney at Law, 3990 McKinley Parkway, Suite 1, Blasdell for Will Poultry Company, in the sunn of five thousand and four hundred dollars ($5,400.00) for the purchase of 27 Newell, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execrate the sane, in accordance with the terms of sale upon which the offer was submitted. Passed. 7 TAt3_nnv t:Vvpf)0\mswordlcmvl7c I - 20a.doc *AYE* NO * DAVIS * * * FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- ] [MAJ- 5] [213 - b] [314 - 7] * * * * # * 0 * on 00( �} t! V V i/ #1 (Rev. 1193) One Page Communication to the Common Council T0: THE COMMON COUNCIL DATE: January 12, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 263 Orange, 497.56'N High Lot Size: 40' x 100' Assessed Valuation: $1,900.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Mattie Davis, 255 Orange, Buffalo, New York 14204 to purchase 263 Orange. Ms. Davis owns and resides at 255 Orange, which is adjacent to 263 Orange. She intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Ms. Davis has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Forty Eight Cents ($.48) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 263 Orange to Ms. Mattie Davis in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARIA A. KOSMERL TITLE: DIRECTO - ADWN STRATION & FINANCE OFFICE 0 ATEGK. PLANI\LING SIGNATURE OF DEPARTMENT HEAD ii CAK:JPH:ck Resneg263orange Z97 0 2 J ,r r rr r , • I ),Ply : te r 1® J 4 z7 I r • +A+ s G" �i z • ® A n n. 2 &b T { W 2 0 a e i qh r i �• rrr ® r i r � A M Y K u 7ST� W ra r �r�rr Ir p7f F. } I b 2 " Q S A , P 1n3 s A i D 8 rr 0 p i �I �• t AE# J p J 0 2 J ,r r rr r , • I ),Ply : te r 1® J 4 z7 I r • +A+ s G" �i z • ® A n n. 2 &b T { W 2 0 a e i qh r i �• rrr ® r i r � A M Y K u 7ST� W Iit CL F. } I b 2 " Q S 1 •� i r rr 0 p i 0001.0 J #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 12, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 288 Seventh, 249.83' SE Maryland Lot Size: 33' x 132' Assessed Valuation: $2,900.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jose Castillo, 187 Plymouth, Buffalo, New York 14213 to purchase 288 Seventh. Mr. Castillo owns an apartment type building at 286 Seventh, which is adjacent to 288 Seventh. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($.70) to One Dollar and Twenty Cents ($1.20), per square foot. The results of our negotiations are that Mr. Castillo has agreed and is prepared to pay Two Thousand Eight Hundred Dollars ($2,800.00), Seventy Cents ($.70) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. 1 am recommending that Your Honorable Body approve the sale of 288 Seventh to Mr. Jose Castillo in the amount of Two Thousand Eight Hundred Dollars ($2,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARLA A. KOSMERL TITLE: DIRECTOR OF ADMINISTRATION & FINANCE O C OF ST C NN1NG SIGNATURE OF DEPARTMENT HEAD :' CAK:JPH:ck Resneg288seventh /re FRE O ON T. O n T V / Q I C . C �Y I A- Pei a W !1H q s"V- YW v VJ tt 8�l i ' i •.. - � SjR�� Qxr]M � t � � `mow _ � �- �- 4 o � ��' 7f '� 2B _ __• ___- -.__. __.. �;I�.3 219 ��I`� 'Z��s S/� iyX3 7/F% � 74.314/ l ".IS 91 " „ r , 289 �� �� cr • - -_ TO "WPiFE fNL ®UISTI AV I _.�- - - - --- SCALE OF FEET so 110 n ow _. _ ._� —. - -- 1 � _ �_ 8 A f.FJPYRfGIIT 5.7lPOfJIC f1 „P G��fFiFNY, INC K 0 Il `W yPrPE _ _i {!� u 'I Q i "Z h Dgj4p�•� � 0 ° N 1 � F 12' 1Y7fG� ,pNOY rc e r - icy, R !'u �rrtf ro.rrs& ! d =7691 �� Pei a W !1H q s"V- YW v VJ tt 8�l i ' i •.. - � SjR�� Qxr]M � t � � `mow _ � �- �- 4 o � ��' 7f '� 2B _ __• ___- -.__. __.. �;I�.3 219 ��I`� 'Z��s S/� iyX3 7/F% � 74.314/ l ".IS 91 " „ r , 289 �� �� cr • - -_ TO "WPiFE fNL ®UISTI AV I _.�- - - - --- SCALE OF FEET so 110 n ow _. _ ._� —. - -- 1 � _ �_ 8 A f.FJPYRfGIIT 5.7lPOfJIC f1 „P G��fFiFNY, INC K 0 FROM THE COMPTROLLER Jan 20, 2009 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 15, 2009 FROM: DEPARTMENT: Audit & Control SUBJECT: [: Corprehensive Annual Financial Report [:For the Fiscal Year Ended June 30, 2008 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P xxI_xxlxx� `1 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2008 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Deloitte & Touche LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than April 15, 2009. SIGNATURE DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFilippo REFER ` 1':_ .n GAC ON FWANCE, ! �l Gj '. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Jan 20, 2009 00012 It (Rev. 1/93) SING Pn(il- COMMUNICATION't'O'f'IIF` COMMON COUNCIL, TO: THE, COMMON COUNCIL DATE: January 12, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERFNCE: (IF ANY) Ex. (Ite No. xx ._ C.C.P. xx /xx /xx) MEI EKED PARKING - REPEAL Notification Serial 910258 [: Metered Parking - Repud [: on Broadway, south side [: between Elm Street [: and Michigan Avenue (excluding [: existing No Parking and No Standing areas) [: (fil.licott District) In conformity with Section 49 ofChapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies You) Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective Forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City ol' Buffalo be supplemented by repealing therefrom the following: METERED PARKING M€TP;KED PARKING LOCATION PERIOD OF M[;`ITRED PARKING RATE 01' MET RED PARKING Broadway, south side 10 Horn• Maximum Rate f) between Elm Street 8 a.m. to S p.m. $2 per Day and Michigan Avenue Monday - Friday (except No Standing; and No Parking areas) `Phis action is being; taken at the request of area businesses .for more accessible customer parking;. SJS /PJM /EDS /RWS CC: Leonard Sciolirso, Parking; Enforcement Carl Barone, Parking Enforcement TYPE DEPARTMENT H[`AD NAME: Peter J. WHO, 1'.I'. TYPE? 'TI "I1..,[ : City P:ngineer SIGN ATURI-; OF DI3PARTMENf 11FAD (}3ralfhti,T F Iu1WO, 1011, i�lLd.1 It (Rev. 1193) SING P AG13 COMMUNICA`T'ION TO TNC; COMMON COUNCIL TO: THE COMMON COUNCIL, DATE;: January 12, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Tagn No, xxx C .C.P, xx lxxlxx) ME`I'1,RED PARKING - INSTALL [: Notification Serial 1110259 [: Install Metered Parking [: on Broadway, south side [: between Elsa Street and Michigan Avenue [: ( Ellicott District) { In conformity with Section 49 of Chapter 479 of the Ordinances of the City of T3uffalo, the City Engineer hereby notifies Your I lonorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the fi.r Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED .PARKING METERED PARKING LOCATION PERIOD OF ME".TERED PARKING Broadway, south side 2 110111 Wxirnirm between Hai Street 8 a.m. to 5 pan. and Michigan Avenue Monday - Saturday (except No Standing and No Parking areas) This action is being taken at the request of area businesses for snore accessible customer parking. SJSIPJM WE iIRWS EIVE AND NLED CC: ],conar•d Sciolino, Parking Enforcement Carl Barone, Parking Enforcement TYPE DEPARTMENT I IFAD NAME: Peter.l. Merlo, P.F. TYPE TI'TLE': City I'llgineer SIG OF DF.,PAR'rMENT HEAD: RATE OF MI:TERIF;D PARKING Rate B :x.50 per I lour (f(ns;vdvv 2 Efl ,,%IicliRUNTIII,Inst.d.) City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, E present herewith the attached resolution item. No. 13 Bridge; Washing Maintenance Contract PASSED January 20, 2009 Gerald A Chwalinski City Clerk 00013 42 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 9, 2009 FROM: DEPARTMENT DIVISION PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xxlx jIxx Public Works, Parks and Streets Engineering SUBJECT: [: Bridge Washing Maintenance [: Contract I have advertised on October 22, 2008 and received bids on November 12, 2008 for a Bridge Washing Maintenance Contract in the City of Buffalo. In obtaining bids for the above project, I have asked for bids on a unit price basis incorporating the structures in the various geographic areas in the City. The following bids were received: Contractor Base Bid Alternate A Alternate B Total Bid Dandrows Painting Inc. $ 24,128.00 $ 19,760.00 $ 16,848.00 $ 60,736.00 Amstar of Western New York, Inc. $ 47,300.00 $ 31,800.00 $ 25,000.00 $ 104,100.00 United Eagle Painting Corp. $ 66,100.00 $ 44,925.00 $ 32,380.00 $ 143,405.00 Pensa Contractors Inc. $ 91,001.00 $ 72,000.00 $ 44,000.00 $ 207,001.00 R.W. Painting, Inc. $ 140,000.00 $ 68,000.00 $ 47,000,00 $ 255,000.00 Charter Contracting Corp. $ 172,000.00 $ 84,500.00 $ 54,000.00 $ 310,500.00 OP -Tech Environmental Svcs., Inc. $ 187,079.00 $132,31 1.00 $ 76,812.00 $ 396,202.00 Artisan Contracting of WNY $1,843,579.52 $395,416.00 $987,252.00 $3,226,247.52 Dandrows Painting Inc. did not submit the proper bid security with their proposal. Therefore, based on our review and the Law Department's review they were disqualified. Therefore, I hereby certify that the lowest responsible bidder for the above project is Amstar of Western New York, 825 Rein Road, Cheektowaga, New York 14225 and respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to Account 3 1720006-445 100 and 30032106 - 445100 in an amount not to exceed $104,100.00, plus a 10% unit price increase for an additional amount of $10,410.00 for a total award of $114,5 10.00. As this is a Locally Administered Federal Aid Project the total contract award is 95% reimbursable by the Federal Highway Administration and the New York State Department of Transportation. Therefore, the actual cost incurred by the City of Buffalo is 5% of the $114,510.00 or approximately $5,572.50. The Engineer's Estimate for this work is $96,720.00. The above is certified to be a true and accurate statement of the bids received. Under General Municipal Law any bidder may withdraw his bid if the award of this contract is not made by January 29, 2009. Individual bid submissions are available in our office for inspection and copies are available upon request. PJM.JDB:DJP CC: Charles A. Masi TYPE DEPARTMENT HEAD NAME: "TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Peter J. Merlo, P.E. City Engineer Department of Public Works, Parks & Streets Mr. Fontana moved: That the above communication from the Commissioner of I'tiihlic Works, Parks and Streets dated January 9, 2009, be received and tilers, and That the Commissioner of Public Works, Parks and Streets, be, and lie hereby is authorized to award a contract for Bridge Washing Maintenance, to Amstar of Western New York, Inc., the lowest responsible bidder, in the amount not to exceed $104,100.00, plus 10% unit price increase for an additional amount of $10,410.00 for a total award of $114,510.00. Funds for the project are available in Account 31720006- 445100 and 30032106 - 445100. Passed. 12 TAB:rniv tA%vp 60\tnswordlrrnvl i 2c t - 20a.doc DAVIS * * * FONTANA * * * _ * * * FRANCZYK _ * * * * * * GOLOMBEK _ * * * * * * KEARNS _ * * * LOCURTO * * * RIVERA * * * * * * RUSSELL '� ------------- * J * * . ~ ���A�J- �l *�� * 0 * . ' _ "� - - |2/3 - 51 * ~ * * |3/4 - 71 -- APP Rov 'PEND City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO WETS M lank Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 14 Capital Vehicle Purchase PASSED January 20, 2009 Gerald A Chwalinski City Clerk 0 rt L 6jUJ V- r Ic" rt L 6jUJ V- r Ic" 0001_/. #2 (Rev. 1/93) SINGI PAGE COMMUNICATION TO THE COMMON COUNCIL { W TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION PRIOR COUNCIL, REFERENCE: (IF ANY) Ex. ( item No. xxx, C.C.P. xx /xx /xx DATE: January 13, 2004 Public Works, Parks and Streets Engineering SUBJECT: L: Capital Vehicle Purchase L� Our Department is requesting pennission to purchase the following vehicle firom this year's Capital Outlay. One picku truck with snow plow for the Division of Engineering (estimated cost $30,000) Funds for this vehicle are available in account 13111007-474200, SJS:PJM:DJP CC: Charles A. Masi Kathy Fitzpatrick TYPE DEPARTMENT BEAD NAME: TYPE TITLE: Steven J. Stepniak Commissioner of Public Works SIGNATURE OF DEPARTMENT HEAD: lk � Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 13, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Inventory and Stores, be, and they hereby are authorized to purchase ogle pick -up truck with snow plow for the Division of Engineering. That the purchase of this vehicle is approved contingent on the new vehicle being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code: Funds for this vehicle are available in account 13111007-474200. Passed. 13 rAe:nii t:\wp60\mswordkrjnvNI 3cl -2 0a. doe �I *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK * KEARNS LOCURTO * '� RIVERA RUSSELL SMITH * , [-------- - - - - - I [MAJ- 5] [213 - 6] [ 314 - 7 City Clerk's Department BUFFALO January 23 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 15 PASSED January 20, 2009 Change in Contract Bailey Genesee Fire Station (Lov) Gerald A Chwalinski City Clerk 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL k. TO.- n w°r°. nnnn O: THE COMMON COUNCIL, DA I E. j anuary n 2009 O, FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract I: Bailey Genesee Fire Station [: Construction [: Job #0722 [: Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Consulting, Chaintreuil Jensen Stark Architects, LLP, C #92010924. Original quote was based on construction cost of $2,000,000. Add $ 61,808.00 Consultant's fee, on , a percentage basis, was approximately 6% of this cost, however, the actual construction cost is $4,000,000. Their contract called for a negotiated agreement if the cost was to exceed 10% of the original quote. After negotiations, we have agreed on an increase of $61,808.00 which is less than double the cost at 6 %. The increase in cost is due to the following primary causes: A. The original design was changed at the request of the Buffalo Fire Department to add an additional apparatus bay on with an occupancy addition to the quarters, including necessary modifications and architectural, HVAC /mechanical and electrical design. B. Well subsurface testing was done in recommended numbers and spacing. During construction adverse subsurface conditions were uncovered. These conditions resulted in extra excavation and fill being required, along with additional design fees for rework of the foundation plan. C. The City purchased the adjacent property and per requests, this is now being incorporated into the landscaping. This has required more design time to modify the landscape design and site drainage. D. Additionally, all of the above added to the cost of the contract for construction oversight. The foregoing change results in a net increase in the contract of Sixty One Thousand Eight Hundred Eight and 00/100 Dollars ($61,808.00). Summary: Original Contract Amount $112,900.00 Change Order 41 Add $ 3,80U. ;U Change Order #2 Add $ 28,230.40 Amount of This Change Order ( #3) Add $ 61,805.00 Revised Contract Amount $206,744.40 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 30320/06 445100 -- Division of Buildings. SJS /PJM /DAH /dlg cc: Comptroller S. Harvey, Buildings Department Head Name Title: For: Peter Merlo, P.E. City Engineer 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 January 6, 2009, be received and filed, and `chat the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Chaintreuil Jensen Stark Architects, LIA", an increase in the amount of $61,808.00, as more fiilly described in the above communication, for work relating to Job # 0722, Bailey Genesee Fire Station Construction, C 02010924. Funds for this project are available in 30320106 445 100 - Division of Buildings. Passed 14 TAB : rmv tAwp60lmsword%:rmv%14cl- 20a.doc *AYE DAVIS * * � FONTANA * * * * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * * RIVERA * * * * * * RUSSELL ^ r ~ --1 * .J * * ^ [K�/�J 5 l * - \a * � * ` - ' — "i — — [2/3 - 6] [ 3/4 - 71 I R 0 V - E I' R-1 MA l ft 4 0 1 1',J d d I,, City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED January 20, 2009 Change Order H1 Canadian National Railroad Bridge (North) Gerald A Chwalinski City Clerk 00016 #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO TIIE COMMON COUNCIL ;f J TO. THE COMMON COUNCIL DATE: January 6, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: (: Change Order ##I [: Canadian National Railroad Bridge [: Squaw Island Access Road Consultant Contract [: Contract No. 9300002$ [: PIN 5757.20 North District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No, xxx, C.C.P. xx /xx /xx) [: Item No. 42, C.C.P, 06/13/06 The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase the above Contract Number 93000025 in the amount of $32,500.00 for a total contract amount of $312,070.00. The additional funding was necessary to complete material testing that was required by the New York. State Department of Transportation and the Canadian National Railroad as well as additional inspection and construction services to complete the project. As this is a Locally Administered Federal Aid Project the total contract is 95% reimbursable by the Federal Highway Administration and the New York State Department of Transportation. Therefore, the actual cost incurred by the City of Buffalo is 5% of the $32,500.00 or $1,625.00. Funding for the additional work is available in Account 31610006- 445600. PJM:SJS:JDB:DJP CC: Bill Heinold TYPE DEPAR`1'MFNT HEAD NAME: Peter J. Merlo, P.E, TYPE TITLE: cAyini SIGNATURE OF DEPARTMENT HEAD: �� i Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 6, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, an increase in the amount of $32,500.00, as more filly described in the above communication, for work relating to the Canadian National Railroad Bridge, Squaw Island Access Road Consultant Contract, Contract No. 93000028, PIN 5757.20. Fields for this Project are available in Account 31610006- 445600. Passed 15 TAB:in tAwp6Qlmswordl:rmv115cE- 20a.doc / � * * *AYE �� � DAVIS * * * FONTANA * * * * * * _ * * * GOLOMBEK * * * _ * * * KEARNS * * * _ * * * LOCURTO m * * RIVERA * * * * * * RUSSELL * * * �-------1 . *_�� * * [YW��J- �l � . , _ `� _ _ [2/3 - 61 * ~ * * | 3/4 - 7l P 1 p it p F FA City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED January 20, 2009 Perin to Bid City 11all /City Court Fire Detection Alai System (Ell) Gerald A Chwalinski City Clerk FF0 2 r f w'. y #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE. January u, 2009 U U U E Y FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Commissioner's Office SUBJECT: [: C� PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP } TEXT Permission to Bid City Hall /City Court Fire Detection /Alarm System Job #0807 Ellicott District Permission is hereby requested from Your Honorable Body to receive bids for the City Hall /City Court Fire Detection/Alarm System as one package to allow for standardization. Because there is a single group of staff that covers both buildings, it would be easier to train them to a high standard than if there were two (2) systems to learn. Also, in order for there to be cost efficacies, the buildings would be treated as a single system to a great extent. This would involve pagers, dialers, etc., and a single maintenance contract. SJS /PM /DAH /dlg cc: S. Harvey, Buildings Department Head Name: Steven J. Stepniak Title: Commissioner of PublicWorks Parks & Streets Signature of Department Head: Ise. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 8, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to receive bids for the City Hall /City Court Fire Detection/Alarm System. Passed. 16 TAB : rmv t:1wp60\nisword\rmv\ 16c 1 -20a. doe * *AYE �� O DAVIS * * * FONTANA * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS _ * * * LOCURTO * * * RIVERA * * * * * * RUSSELL * * * SMITH --1 [MAJ- 51 |%/3 -63 �3/4 - 7 l '-" * `J * * _- _ * * * City Clerk's Department BUFFALO January 23, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3w-19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED January 20, 2009 Report of Bids - Babcock St Bridge Replacement Gerald A Chwalinski City Clerk z. 000 1 t U V X 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January14, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [:Report of Bids [:Babcock Street Bridge Replacement [:PIN 5756.67 [:Lovejoy District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P_ xx/xx/xx) This is to advise your Honorable Body that I have advertised for and recieved bids on January14, 2009 for Replacement of the Babcock Street Bridge over Norfolk Southern Railroad_ The objectives of this project are to remove and replace existing bridge including approch roadway ,new sidewalk, water line and drainage system from Seneca Street to Clinton Street. also enhance the corridor through the use of landscape treatments and new lighting fixtures. The following bids were received for Babcock Street BridgeReplacement: 1- Donald J. Braasch Const. Inc. $ 5,478,273.84 " 2- Concrete Applied Technologies Corp. $ 5,850,398.50 3- UCC Constructors $ 6,616,930.30 4- Nichols,l_ong & Moore Construction Car. $ 7,235,697.60 * Adjusted total Engineer's Estimate. $ 6,117,860.32 I hereby certify that the lowest responsible bidders is Donald J. Braasch Copnst.lnc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 5,752,187.53 (Base Bid $ 5,478,273.84* a $273,913.69- 5% Unit bid increase = $ 5,752,187.53).This Project is Funded by 1=HWA,New York State and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of costs are 5 %. Funds for this project will be available in capital project Account established specifically for this project. DEPARTMENT HEAD NAME: TITLE Peter J.Merlo, P. E. City Engineer SIGNATURE OF DEPARTMENT HEAD: PJM:SJS:SAG J I t7 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 14, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and lie hereby is authorized to award a contract for Replacement of the Babcock Street Bridge over Norfolk Southern Railroad, to Donald J. Braasch Const. Inc., the lowest responsible bidder, in the amount of $5,752,187.53 (Base laid $5,478,273.84 + a $273,913.60 unit bid increase = $5,752,187.53). funds for the project are available in capital project Account established specifically for this project. Passed. 17 TAB:rmv tawp601rnswordVn vlI7c1- 20a.doc \ \` ./ * *AYE �V � DAVIS * * * FONTANA * * * FRANCZYK * * * _ * * * GOLOMBEK _ * * * KEARNS * * * _ * * * LOCURTO * * * RIVERA * _ * * * * * RUSSELL smillf ~� �------1 ~ ^ [�4��J 5 l ` - ' � * _ * ~* * [ 3/4 - 7] f L, FROM THE COMMISSIONER OF POLICE Jan 20, 2009 00019 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE FROM: DEPARTMENT: DIVISION: SUBJECT: NOV EMBER 26 2008 POLICY' Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF; ANY) J :Item No. 104, C.C.P. 2/2188 Ex. ( .Item No. xxx, C;.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE .BELOW 06 -ATF- 000664 08 -DEA- 492735 08- DEA- 494500 08 -DEA- 500236 08 -DEA - 501159 08- DEA - 501172 08- DEA - 501760 08- DEA - 500860 08 -DI;A- 502374 08- DEA - 501918 08- DEA - 501918 765070 -02 -0032 C2 -07 -0028 C2 -08 -0042 C2 -08 -0107 C2 -08 -0114 C2 -08 -0116 C2 -08 -0122 C2 -08 -0112 C2 -08 -0125 C2 -08 -0124 101,065.32 (NO 15% SHARE) 2,356.92 1,082.81 1,754.89 1,479.25 1,194.85 4,615.88 3,441.25 1,681.88 2,068.90 C:".2 -08 -0124 3,472.35 (15`%u SAFF) TOTAL $124,214.30 The Drug Enforcement Administration (DEA) and/or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in th.e Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFE account 10360 for fulfilling year 3 expenditures under SAFE legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational 'Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. DJR /j ws TYPE" DEPARTMENT HEAD NAME: CHIEF DENNIS 1 RICHARDS TYPE TITLE: SIGNA OF DEPARTMENT HEAD RECEIVED ANO FILED - ��. Y-P, l New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) AFFIDAVIT pursuant to Civil Practice Law and ss: Rules 1311(11)(c) COUNTY OF ERIE ) I, CHIEF DENNIS RIC HARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 10/30 the BUFFALO POLICE DEPARTMENT (Date) (Agency) received W IRE TRA having an estimated present value of $ 124,2 14.30 (check, vehicle, personal property, etc.) (Amount) Pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. , 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 1961 et seq.) of the United States. DATE: 11/26/2008 Signature CHIEF OF INVESTIGATIVE SERVICES Title On the day of G / �'�^ `� in the year `< , before me personally came (Month) (Year) 1i2b. to me known, who, being by me duly sworn, depose and say (Name) that ""he is employed by the ' t3 / " 1� � c' ire and that Whe (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that Whe Y .. signed f this name thereto. C, _. (.t 1 Notary ublic Zuyt 1,1 ]Gr. rY Nr0; ry I 11 ublic Stato o Mail to: NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 Tower Place Albany, NY 12203 COPYRIGHT o 1995 NEW YORK STATE D1V151014 OF CRIMINAL JUSTICE SERVICES {July 2005) :.1/26/2006 11:12 ; C1 Y o. _ 7 7ALo ges6 SC HED W OF DEPARTMENT PAYMENTS TO TREASURER RED fr: D__ ;`ACC: POLICE DATE: Nov. 26, 2006 RECEIPT DESCRIPTION RtiFERv -N= ACCOUNT 1245342 DRUG ASSET :�RF 06ATF 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 369001 20010000 389001 20010000 389001 10360 -OT'=- 124, 214.30 TOTAL CCL_ _DO /T "^ C�FR: 124,214.30 REPRES_ ING CQLLEC FROM: 11/26/2008 TO 11/26/2008 RED C; DATE: Nov. 26, 2008 SIGNATURE: A� TITLE DEPARTMENT SUMMARY ACCOUNT DESCRIPTION 20010000 38900 20010000 389001 =0360 DEA PROP MISC REVENUE DEA PROP SAFF YR3 RV MISC RV !PG 1 ardptpmt AMOUNT 101,065.32 2,356.92 1,062.81 1,754.89 1,479.25 1,194.85 4,615.88 3,441.25 1,681.88 2,058.90 3,472.35 6i:j MARY. LIDKEA @USDOJ.GO To JWSTANCHAK@BPD.CI.BUFFALO.NY.US V .'< cc .; 10/30/2008 11 :00 PM bcc Subject AFF Equitable Share Automated Email. Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID#( 06 --ATF- 000664; 765070 -02-- 0032;$5053545.00 USC - APPROVED FOR 2.00% Approved. Payment is in the amount of $101065.32 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: HAMM MARY bTDKEA: 716.551.4851 ext.3002 MARY.LTDKEACOUSDOJ.GOV ��1S1lf� DAG 71 Buffalo Police Department. A forfeiture Complaint and a proposed Stipulated Settlement with HAROLD I EVINSON & ASSOCIATES (HLA), a Long Island cigarette stamping agent and cigarette wholesaler, resolved a joint investigation conducted by The Bureau of Alcohol, Tobacco, Firearms & Explosives, Internal Revenue Service, New York State Department of Taxation & Finance, Niagara County Sheriffs Department, Chautauqua County Sheriffs Department, Cattaraugus County Sheriffs Department, Buffalo Police Department and The Niagara Frontier Transportation Authority Police Department of the company's alleged illegal sale of untaxed cigarettes to Native American businesses. HLA is it cigarette stamping agent located in .Farmingdale, New York. This company sells cigarette and convenient store items throughout the North East and employs more than 400 people. The Complaint alleges that between January 2001 and April 2002, HLA sold untaxed cigarettes to Sovereign Wholesale Supply Company, a Native American business located on the Alleghany Indian Reservation in Salamanca New York, and C & J Buying Group, a Native American owned company located on the Cattaraugus Indian Reservation in Irving, New York. The Complaint further alleges that HLA shipped the cigarettes by Rainbow Bear Trucking, a company which is not authorized to transport untaxed cigarettes in New York State, for delivery to Sovereign Wholesale Supply and to C & J Buying Group. The cigarettes transported by Rainbow Bear Trucking were instead diverted to other- states, mainly Michigan and California. Under New York State Law the use of Rainbow Bear Trucking created a taxable event. HLA was therefore required by New York State Law to affix tax stamps to the cigarettes. It is alleged that HLA failed to do so and therefore violated the contraband cigarette statute. The proposed settlement also provides for selection by the United States of an Independent Compliance Officer, funded by HLA, who will undertake audit and investigative procedures to ensure that HLA complies with local, state and federal laws governing the distribution of untaxed cigarettes. The agreement provides for the Independent Compliance Officer's terra to be 5 years. As part of the agreement, HLA agrees to pay a total of $9,408,911.83 in consideration for the proposed settlement. The amount of $5,053,545 has been posted by HLA as the defendant property named in the Complaint and will be forfeited by HLA to the United States as proceeds from HLA's alleged distribution of contraband (unstamped /untaxed) cigarettes to Sovereign Wholesale Supply and C & J Buying Group during the period January 01, 2001 through April 30, 2002. The remaining amount of $4,855,366.83, according to the settlement, constitutes New York State excise tax, sales tax and interest due on the sale of unstamped /untaxed cigarettes and will be paid to the New York State Department of Taxation & Finance. Buffalo Police Department Detective Kevin Maloney a past member of the Bureau of Alcohol, Tobacco, Firearms & Explosives Contraband Cigarette Diversion Task Force assisted in this investigation. Detective Maloney assisted in this investigation by providing intelligence information on several members of the organization, prepared photo line ups to help identify persons involved in this investigation and providing other lave enforcement assistance as needed to bring this investigation to a conclusion. Detective Maloney was an important piece of this investigation and the assistance of Detective Maloney is noted as an important piece of this investigation that helped to negotiate the final Stipulated Settlement. The Buffalo Police Department is therefore eligible for equitable asset sharing. MARY. LIDKEA @USDOJ.GO To JWSTANCFIAK @BPD.CI. BUFFALO. NY.US cc 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification -- DO NOT Respond The U.S. Marshals Service, District of WINEW YORK has made an Equitable Sharing payment related to CATS ID# 08 -DEA- 492735; C2-- 07- 0028;$12,000.00 USC - 20W Approved. Payment is in the amount of $2356.92 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LTDKEA @USDOJ.GOV Date: 1 1 1 1 1 1 2 0 0 Investigative Agency: I D I E I A Case Number: C2 -07 -0028 U.S. Department of Justice Application for Transfer of Federally Forfeiters Property (For Use By United States Law Enforcement Agencies Only) I. For Federal Use Only Asset #: 08 -DEA -4 92735 Seizure Date: 11 /19/07 Judicial District: NYW Case Type: Adoption ❑ Joint 0 (Check One) (For Additional Information - See Instructions) • All assets transferred must be used for the law enforcement purpose stated in the request. 0 Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET UFFALO, NEW YORK 1420 NCIC Code: I N I Y 10 { 114 10111010 4 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) .851 III. Asset Requested 12, 000.00 U . S . CURRENCY ____ ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 20% IV. Specific Intended Law Enforcement Use: ❑ Salaries n Purchase of Equipment ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) ❑ Other (Please Explain): V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? ❑ ❑ 13. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? Q ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended? 5Q hours F0)ZM DAG -71 1)1.iC. 90 1 -• i t 1 n 5 MARY.LIDKEA[ USDO.l.GO To JWSTANCHAK r@i BPD.CI.BUFFALO.NY.US V cc 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08- D1A -- 494500; C2- -08- 0042;$2,120.00 USC - 60` ; 08- CV -412c Approved. Payment is in the amount of $1082.81 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.L1DKEA @USD0J.G0V Y /1 4 Date; W W 1_.1 _......a l_ 1 Investigative Agency: I D I E I A Case Number: C2- 08-- 0042 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement agencies Only) I For Federal Use Only (For additional Information - See Instructions) es All assets tran6f6rred must be used for the law enlorcemcnt purpose stated in the request. Asset i €: 08 —DEA— 4 M 500 Seizure Datc: 01/14/08 Judicial District: NYW Case Type: Adoption [0 Joint ❑ (Check One) 0 Deadline for submission of this request is sixty (60) days following the seizure. 0 The requesting; agency will be responsible for reimbursing; the Federal Government its costs and may be responsible, in a single - asset ease, for reimbursing the federal share. 11. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: IN I Y 10 11l 41011 1010 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 716 851 -4575 III. Asset Requested $ 2 12 0.00 U . S . CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item Cash / Proceeds 60 IV, Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred ?' ❑ D. Did your agency supply any unique or indispensable assistance? 10 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ ❑X F. How many hours were expended? 2 5 hours FORM DAG -71 DEC. 90 MARY.LIDKEA @USDOJ.GO To JWSTANCHAK @BPD.CI.BUFFALO.NY.US 4� V cc 10/30/2008 11:00 PM bce Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS TD# 08 -DEA- 500236; C2-08- 0107;$3,000.00 USC 600 Approved. Payment is in the amount of $1754.89 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10 /30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV 4 4 ()R- /r, ),.. Date: 1 1 1 1 I I I_._......l.w_.J i Investigative Agency: I Dj E I A Case Number: C2 --08w -0107 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies I. For Federal Use Only Asset ti: 08- DEA-- 500236 (for Additional Information - See Instructions) 0 All assets transferred must be used for the law onforccilient purpose stated iaa the request. Seizure Date: 05/14/08 • Deadline for submission of this request is sixty (f 0) days following the seizure. Judicial District: NYW Case Type: Adoption ❑X Joint ❑ ( Check One) I • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLIO DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: N I Y 101114 10 1110 10 I Contact Person: CHIEF DENNIS RICHARDS Telephone Number: 715 851 -4575 q CURRENCY ❑ Other assets_ in the case. (Attach lisp. TIT. Asset Req uested 000.00 U.S., , , ,._ Property Description Request Type ❑ Item ❑x Cash / Proceeds 60 % IV. Specific intended Law Enforcement Use: ❑ Salaries FX1 Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred? ❑ 1XI D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ x❑ F. How many hours were expended? 25 hours FORM DAG -71 mc. 90 3� S MARY.LlDKEA @USDOJ.GO To JWSTANCHAK@BPD.CI.BUFFALO.NY.US V cc 4 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Ismail Notification _ DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS ID# 08 -DEA- 501159; C2- 08- 0114;$2,540.00 USC - 6 0 Approved. Payment is in the amount of $1479.25 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA@USDOJ.GOV Date: L.. i—i L —i L— L.J... i—i Investigative Agency: I D 1 . E A Case Number: C2 -08 -0114 U.S. Department of Justice Application for'Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) 1. For Federal Use Only (For Additional Information - See Instructions) o All assets transferred must be used for the law enforcement purpose stated in the request. Asset #: 08- DEA- -50115 Seizure Date: 06/05/08 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Check One) • Deadline for submission of this request is sixty (60) days following the seizure. s The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14 NCIC Code: LN I Y 10 1.1j. 4 LO LIJOJ 0 ] Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) B51-45 III, Asset Requested2 590 . QO 0 . S . CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item 0 Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? ❑ B. Were any other assets seized under state law? ❑ 0 C. Were extraordinary expenses incurred? D. Did your agency supply any unique or indispensable assistance? nX ❑ E. Are there any assets located in f6reign countries associated with this case ? ❑ 0 F. How many hours were expended?.- 5 hours FORM DAG -71 DEC, 90 MARY. LID KEA @USDOJ.GO To JWSTANCHAK @BPD,C1. BUFFALO, NY. US •' = V cc 10130/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Nota.f. .j_eat.i.on -- DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CAWS ID# 08 -DEA -- 501172; C2 08- 01.16;$2,066.00 USC - 6fl Approved. Payment is i.n the amount of $1194.85 to BUFF -ALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LTDKEA: 716.551.4851 ext.3002 MARY.LTDKEA@USDOJ.GOV Date: I I I L.__1i Lj L Investigative Agency: JDJEJA Case Number: C2 -08 -0116 U.S, Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only Asset #t: 08 -DLA- 5 0117 2 Seizurc Date: 06/09/08 Judicial District: NYW Case Type: Adoption R Joint ❑ (Check One) (Far Additional Information - See Instructions) G- All assets transferred Must b(, used for the law enfarcementpurpose stated in the request. • Deadline for submission of this request is sixty (60) days following the seizure. • .The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. 11. Requesting Agency Name BUFFALO POLICE D Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: I N I Y . 1 0 1114 10 1110 10 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) 851-4575 III, Asset Requested $ 2 06 6.00 U . S . CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Q Purchase of Equipment ❑ Other (Please Explain): ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? 0 ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended? 2 5 hours FORM DAC -7 t DEC. 90 d . , / \6\ MARY.LIDKEA @USDOJ.GO To JWSTANCHAK@BPD.CI.BUFFALO.NY.US V cc s 10/30/2008 11:00 PM bcc Subject AF'F Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District: of W /NEW YORK has made an Equitable Sharing payment related to CATS IDI# 08 -DEA- 501769; C2 -08- 01.22;$7,805.00 U5C - 60° Approved. Payment is in the amount of $4615.88 to BUrFALO POLICE DEPARTMENT, wire transferred to your account on 7.0/30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext:.3002 MARY.LIDKEA@USD0J.G0V Date: W I_ I _I I I I I I Investigative Agency: JDJEJA Case Number: C2 -08 -0122 U.S. (Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Fnforcement Agencies Only) I. For Federal Use Only (For Additional Information - See Instructions) Assetli: 08— DEA-- -501769 Seizure Date: 06/19/08 Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) c' All assets t: .rred must be used for the law cidbrcemeat purpose Stated its tho request. 0 Deadline for submission of this request is sixty (60) days following the seizure. 0 The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: IN 1Y 10 1114 10 1110 101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) B51-45V5 III. Asset Requested $7, 8 05. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the. information leading to the seizure? FX1 ❑ B. Were any other assets seized under state law? ❑ ❑X C. Were extraordinary expenses incurred? ❑ n D. Did your agency supply any unique or indispensable assistance? ❑ B. Are there any assets located in foreign countries associated with this case ? ❑ F. How many hours were expended? 2 5 _ hours FORM DAG -71 DEC. 90 k S i V i MARY,LOKEA@USEDOIGO To JWSTANCHAK @BPD.C1. BUFFALO. NY.US V cc ate` 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable Sharing payment related to CATS TD# 08 -DRA- 500860; C2-- 08- 0112;$5,810.00 USC - 601 Approved. Payment is in the amount of $3441.25 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LIDKEA: 716. 551 -4851 ext.3002 I++ fARY.LIDKEACUSDOJ.GOV f ; Date: LLJ I I I I I I I Investigative Agency: LPI Case Number: C2 -08- 011.2 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Law Enforcement Agencies Only) For Federal Use Only I Asset #: 08- DE')�- 5001360 Seizure Date: 06/02/08 Judicial District: NYW Case Type: Adoption 0 Joint ❑ (Check One) (For Additional Information - See Instructions) 0 All assets transfc;rred must be used for the law enforcement purpose stated in the request. Deadline for submission of this request is sixty (60) days following the seizure. 0 The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name BUFFALO POLICE DEPARTMEN Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: J N J Y 1 0 1 1 14 1 0 1 1 10 1 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) III. Asset Requested $5, 810. 00 U.S. CURRENCY „ -__ ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item M Cash I Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries Q Purchase of Equipment ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) ❑ Other (Please Explain) - V. Contributions (If any answer to A thru E is yes, provide details in Part ICI) Yes No A. Did your agency originate the information leading to the seizure? n ❑ B. Were any other assets seized under state law? ❑ d C, Were extraordinary expenses incurred? ❑ ❑X D. Did your agency supply any unique or indispensable assistance? 0 ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ 0 F. How many hours were expended?- 5 hours FORM DAG -71 DEC. 90 1 � MARY. LIDKEA@USDOIGO To JWSTANCHAK @BPD.CI.BUFFALO.NY.US ;s V . cc 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Ismail Notification - DO NOT Respond The U.S. Marshals Service, District of W /NEW YORK has made an Equitable sharing payment related to CATS TD# 08 -DEA- 501918; C2 - -08- 0124;$9,310.00 USC - 601 Approved. Payment is in the amount of $5541.25 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. For additional information or support, please contact: MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV 0 F�-Jl I Date: I I I W 1.__.I....,_i— [....,.....) Investigative Agency: DI I E, I A f Case Number: C2- 08-- -0124 U.S. Department of Justice Application for Transfer of Federally Forfeited Property (For Use By United States Latin Enforcement Agencies Only) I For Federal Use Only (For Additional Information - See Instructions) A sset "!: O is 0 All assets transfer red must be used for the law enforcement purpose stated in the request. Scizure bate: 06/18/08 0 Deadline for submission of this request is sixty (60) days following the seizure. Judicial District: NYW Case Type: Adoption ❑X Joint ❑ (Check One) 0 The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. Il. Requesting Agency Name BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO, NEW YORK 14202 NCIC Code: I N I Y I 0 1114 10 1110 10 I Contact Person: CHIEF DENNIS RICHARDS Telephone Number: ( 716) 8 III. Asset Requested$ 9 310. 00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type ❑ Item © Cash / Proceeds 60 IV. Specific Intended Law Enforcement Use: ❑ Salaries ❑X Purchase of Equipment ❑ Other (Please E.zplain) � -- ❑ Purchase of Vehicles ❑ Place Into Official Use (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? M ❑ B. Were any other assets seized under state Iaw? ❑ 0 C. Were extraordinary expenses incurred? ❑ 0 D. Did your agency supply any unique or indispensable assistance? ❑ E. Are there any assets located in foreign countries associated with this case ? ❑ F, How many hours were expended 2 5 hours FORM DAG -71 DEC. 90 / f`. r e MARY. LIDKEA@USDOIGO To JWSTANCHAK @BPD.CI.BUFFALO.NY.US s :' V 4 :; cc 10/30/2008 11:00 PM bcc Subject AFF Equitable Share Automated Email Notification - DO NOT ReSpO rd The U.S. Marshals Service, District of W /NEW YORK has mane an Equitable Sharing payment related to CATS ID## 08- DE'A -50 2374; C2 - -08- 0125;$2,915.00 USC 60W Approved. Payment is in the amount of $1681.88 to BUFFALO POLICE DEPARTMENT, wire transferred to your account on 10/30/2008. Far additional information or support, please contact; MARY LIDKEA: 716.551.4851 ext.3002 MARY.LIDKEA @USDOJ.GOV �� i� •_: rf � ..r t Date: I f 1 I I I I I I I Investigative Agency: JDJEJA Case Number: 02--08 -0125 U.S. Department of JusOce Application for Transfer of Federally Forfeited Property (For Use By United States haw Enforcement Agencies Only) Yor Fcclenld UxG t0nly I hssctih 08-A)EA- -50 )f S cizure Date: 06/27/08 Judicial District: NYW Case Type: Adoption ® Joint ❑ (Check One) (For Additional Information - See Instructions) A assets transferred must be used for the law enforcement purpose stated in the request. a Deadline for submission of this request is sixty (60) days following the seizure. • The requesting agency will be responsible for reimbursing the Federal Government its costs and may be responsible, in a single - asset case, for reimbursing the federal share. II. Requesting Agency Name: BUFFALO POLICE DEPARTMENT Address: 74 FRANKLIN STREET BUFFALO NEW YORK 14202 NCIC Code: I N I Y 1 01114 1 01 10101 Contact Person: CHIEF DENNIS RICHARDS Telephone Number: (716) III. Asset Requested $2, 915.00 U.S. CURRENCY ❑ Other assets in the case. (Attach list). Property Description Request Type . — ❑Item IR Cash / Proceeds 60 % IV. Specific Intended Law Enforcement Use: ❑ Salaries 0 Purchase of Equipment ❑ Other (Please Explain) ❑ Purchase of Vehicles ❑ Place Into Official Use - (If other than Cash) V. Contributions (If any answer to A thru E is yes, provide details in Part VI) Yes No A. Did your agency originate the information leading to the seizure? ❑X ❑ B. Were any other assets seized under state law? ❑ C. Were extraordinary expenses incurred? ❑ D. Did your agency supply any unique or indispensable assistance? ❑ ❑ Is. Are there any assets located in foreign countries associated with this case ? ❑ FRI F. How many hours were expended? 25 hours FORM DAG-71 DEC. 90 I FROM THE CORPORATION COUNSEL Jan 20, 2009 City Clerk's Department BUFFALO January 23, 2009 NON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 20 PASSED January 20, 2009 North Buffalo Library l..,ease -975 Hertel five (North) Gerald A Chwalinski City Clerk 1)n0` ti V U u' er W MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: 01- 1.5 -09 FROM: DEPARTMENT: LAW SUBJECT: {: North Buffalo Library Lease -- 975 Hertel Avenue PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: TYPE SINGLE SPACE BELOW) The City has endeavored to provide a short term solution to the demand for library services in North Buffalo, following the closure of the North Park and Fairfield branches of the Buffalo and Erie County Public Library. In light of the demand for said library services, both City and Buffalo and Erie County Public Library personnel have engaged in an exhaustive search for a convenient, accessible, ADA compliant, user friendly short -term site from which to provide; library services. Of particular importance was relative proximity to the neighborhoods to be served and the bus routes associated therewith and ample parking to satisfy the large clientele expected to utilize the site. The only site that satisfied all of the above criteria is located at 975 Hertel Avenue and negotiations began to secure the site on a short term basis upon the most favorable terms possible, as the search for a long term solution continues. Thus, attached for your Honorable Body's review and approval is a Lease Agreement between 1339 Main Street Associates and the City of Buffalo, providing for the City's lease of 3,750 square feet of the premises commonly known as 975 Hertel Avenue for the benefit of the Buffalo and Erie County Public Libraries. The substantive terms of the Lease Agreement are, as follows: • The term of the Lease Agreement is five years with a two -year renewal option. • The City's monthly lease payments equal $3,143.$5 per month, together with an additional estimated monthly payment of $2,615,50 for library - related improvement costs (currently estimated at $156,990 payable over five years or sixty months). 4 4 • The City can cancel the Lease on 90 days notice during years two through five of the Lease Agreement and on six months notice in years five through seven, should it choose to exercise its renewal option. • Should the City exercise its renewal option, the monthly Lease payment for years six and seven would equal $3,437.50 per month. r The Lessor is responsible for all maintenance costs and repairs. • Buffalo and Erie County Public Libraries is responsible for the utility costs and for the maintenance of all library equipment, assets and inventory stored and utilized therein. • Staffing is the responsibility of Buffalo and Erie County Public Libraries. • The Lessor is responsible for all exterior maintenance costs and repairs and the Buffalo and Erie County Public Libraries are responsible for all interior maintenance costs and repairs. We ask that Your Honorable Body authorize the Mayor to enter the attached Lease Agreement. We also ask that you authorize the Corporation Counsel to prepare and the Mayor to execute any additional legal instruments necessary to implement the Lease Agreement upon its terms and conditions. TYPE DEPARTMENT HEAD NAME: ALISA A. LUKASIEWICZ TYPE TITLE: Corporation Counsel SIGNATURE OF DEPARTMENT HEAD-'' ' Y .rt P LEASE 675 Hertel Avenge Buf_ falo,1iew York ]'his AGREEMENT made this day of January 2009, between 1.3.39 MAIN STREE`1 ASSOCIATES, 625 Delaware Avenue Suite 100, Buffalo, New York 14202 (hereinafter, "Lessor ") and CITY OF BUFFALO, 65 Niagara Square, .Buffalo, New York (hereinafter, "Lessee ") for the benefit of tile Buffalo and Erie County Public Library, l Lafayette Square, Buffalo, New York 14203 (hereinafter, "Beneficiary ") pursuant to New York Unconsolidated Laws § 6221. WI`!'NESSETH That the Lessor hereby lets to the Lessee for the benefit of Beneficiary, and the Lessee hereby hires from the Lessor the following premises: 975 Hertel Avenue, Buffalo, New York (hereinafter the "Premises" or "Building ") Approximately 3750 ( r/-)square feet. (as further demised as part of Exhibit A), said area shown on Exhibit A being hereinafter referred to as the "Demised Premises ", to be used as a librarywith office space and ancillary uses including a coffee .kiosk and retail sales of used books and .library- related paraphernalia, for a term of five (5) years to commence upon the completion of improvements identified in Exhibit "B" attached hereto as determined by the issuance of certificate of occupancy by the City of Buffalo. This Lease shall be automatically extended for one additional two (2) year term, unless written notice of term ination is sent at least six (6) months prior to expiration of the initial five year term and each two year renewal term The Lessee agrees to pay the Lessor a fixed rent on or before the first calendar day of each calendar month during said Lease term, payable as follows: Year 1 -5 $37,750.00 -- Year $3,145.83 Month `fear 6 -7 $41,250.00 — Year $3,437.50 -- Month Rent payments during years 1 -5 shall also include equal monthly payments for library - related build out costs identified and estimated in Exhibit "B" attached hereto. Lessee shall not be obligated pay more than twenty percent (20 %) above the library- related build cost estimated in Exhibit "B." Upon the completion of library- related build out costs, a. schedule of payments shall be attached hereto as Exhibit "C." Said Lease shall continue until the end of the five -year term unless the Lessee exercises an option to cancel this Lease Agreement upon ninety (90) days written notice to the I.,essor. If the Lessee exercises the option to cancel the Lease, the Lessee shall be responsible for paying the pro rata share Revised: Thursday, January 15, 2009 �f oI'library-related improvements identified in Exhibit "B." Lessee ,shall have the option to cancel this Lease Agreement during the two -year renewal terin with six (6) months written notice. The rent shall be payable at the office of the Lessor; 625 Delaware Avenue- Suite 100, Buffalo, New York 14202 or such other address as may be designated by the Lessor in writing. Any rental payable for any fractional part of a month at the beginning of the end of the term shall be adjusted and paid proportionately. In the event that the Lessee takes possession of the demiscd premises other than on the first day of any month, the term of this lease shall then commence on the first day of the month next succeeding. TERMS COVENANTS & CONDITIONS The above letting is on the following terms, covenants, and conditions, all and every one of which said Lessee and Beneficiary agree with the Lessor to keep and perform, it being agreed that the words "Lessor," "Lessee," and "Beneficiary" include and bind and benefit the local representatives, successors and assigns of the Lessor and Lessee, respectively, and if there be more than one Lessee or Beneficiary, then all the covenants and agreements binding the Lessee shall be deemed joint and several. FIRST: The Lessee shall pay the above - specified rent at the times and place mentioned on page one (1). SECOND: This lease, or any part thereof, shall not be assigned, mortgaged, sublet or otherwise disposed of without the written consent of the Lessor, which consent shall not be unreasonably withheld. This lease, or any part thereof, shall not be assigned, mortgaged, sublet or otherwise disposed of by Beneficiary. THIRD: Lessor shall complete improvements as per attached Exhibit "B" at its own expense and to the reasonable satisfaction of.I_.essee and Beneficiary. Improvements must be completed by contractors and subcontractors properly licensed with the City of Buffalo and all improvements must be completed in accordance with the City of Buffalo Charter and Code and the New York Building Code and to the satisfaction City of Buffalo Building Inspectors. Improvements identified in Exhibit "B" shall be completed within sixty (60) days of the execution of this Lease Agreement. 2 Revised: Thursday, January 1.5, 2009 (AY FOURTH: The Lessee and Beneficiary shall at all times keep the interior of the premises in " first class" condition, which it is agreed means the condition the said prClnises upon satisfactory completion of the improvements listed in Exhibit "I3," and at the end of the terns shall peaceably quit and surrender said premises in suer "first class" condition, ordinary wear and tear only excepted. "First class" condition refers to Lessee: (a) making; all repairs, replacements and alterations which Lessee and Genefleiary are required to make or which Lessee or Beneficiary may make with Lessor's written consent, in a workmanlike manner; (b) keeping; the demised premises and each part thereof in good, healthful and clean condition. (c) being financially responsible for all of the above. FIFTH: The Lessee and Beneficiary shall not use the demised premises for any other purpose than as above stated, nor erect or display any signs on the premises nor make any alterations, additions or improvements to or upon them except as identified in Exhibit "B" without the prior written consent of the Lessor, nor make or permit any defacement, injury or waste, in, to or upon the premises. The Lessor's written Consent shall not be unreasonably withheld. SIXTH: As shown in Isxhibit "D," Lessee shall have the .first right of refusal to take over adjoining space in the premises providing space is available when this Lease Agreement is executed. Lessor shall provide written notice to Lessee and shall provide Lessee with twenty (20) days within which to confirm in writing its intent to exercise such right. SEVENTH: Lessee agrees to observe and comply with all laws, ordinances, rules and regulations of the Federal, State, County and Municipal authorities and regulations of the New York Board of 1 ire Underwriters applicable to the demised premises and to the business to be conducted by Lessee in the demised premises. EIGHTH: The Lessor shall obtain insurance during; the Term of this Lease as follows: {1) such comprehensive general liability insurance as will protect the Lessor, the Lessee, and the Beneficiary from any and all claims, demands or actions for damage to property and for personal in cries, including death, which may arise from the 3 Revised: Thursday, January 15, 2009 operation, control, and occupancy of the premises, and such liability insurance shall provide lirrrits of at least Two Million ($2,000,000.00) Dollars for personal injury and property damage combined, per occurrence; and (2) fire and extended coverage insurance, vandalism, malicious mischief, sprinkler leakage and flood endorsements attached for full insurable value to cover loss or damage to any part of the premises by the specified hazards, Copies. of all policies providing all of the aforementioned insurance shall be subject to the approval o.fthe Corporation Counsel of the City of Buffalo as to form and adequacy ofprotection, and shall be filed with the Lessee and Beneficiary on or prior to the effective date of any such policy. In any action or proceeding wherein the Landlord and tenant are parties, a schedule or "make -up" of rate for the building on the demised premises, purporting to have been issued by the New York Fire Underwriters or the New York Fire Insurance Exchange, or other bodymaking fire insurance rates for the demised premises shall be prima facie evidence of the facts therein stated and of the several items and charges included in the fire insurance rate then applicable to the demised premises. NINTH: Lessee and Beneficiary agree to use their best efforts not to do or permit anything to be done in said premises or keep anything therein, which will increase the rate of fire insurance premiums on the improvements, or any part thereof, or on property kept therein, or which will obstruct or interfere with the rights ofothcr tenants, or conflict with the regulations of any pertinent authority orpubic or quasi - public department or with any insurance policy upon aid improvements or any part thereof. In the event of any increase in insurance premiums resulting from Lessee's or Beneficiary's violation of the foregoing, or from any act or omission on the part of Lessee or Beneficiary, Lessee agrees to pay said increase in insurance premium on the premises of which the dernised preinises are a part. Lessee and Beneficiary shall, in any event, hold the Lessor harmless from the effect of any said violation, act or omission. Lessee and Beneficiary shall be responsible for the replacement of any damaged or broken plate glass resulting from Lessee's use of the premises. TENTH: This lease and all the rights of the Lessee and Beneficiary hereunder are and shall be subject and subordinate to the lien of any mortgage(s) which may now or hereafter affect the premises or any part thereof of which the premises is part, and to all renewals, modifications, consolidations, replacements and extensions thereof, provided, however, that such mortgagee(s) shall provide that in any foreclosure proceedings thereunder, and any sale in such foreclosure proceeding, this lease shall not be cut off nor Lessee's nor Beneficiary's position hereunder disturbed in or by such foreclosure proceedings, provided that at the time this lease shall be in full force and effect and not ill default as to rent or other covenants thereof; or that an agreement embodying such provision shall be entered 4 Revised: Thursday, January 15, 2009 r :! into by the rrrortgagec(s), simultaneously with the execution of such mortgage(s). Within give (5) days of learning of the commencement of an action to foreclose on the premises, the Lessor shall provide the Lessee and Beneficiary with written .notice of the same. Lessee and Beneficiary agree that they will, upon demand, execute and deliver such instruments as necessary to effect more fully such subordinations of this lease to the Il of any such mortgages) that shall be desired by any mortgagee(s) or proposed mortgagec;(s), and in the event of the failure of the Lessee and Beneficiary upon fifteen (15) days written notice to execute such instruments, the Lessee and Beneficiaryhereby nominate and appoint the Lessor attorney -in -fact for the purpose of executing any such instrument or subordination. ELEVENTH: The Lessee or Beneficiary, in case of fire, shall immediately give notice thereof to the Lessor who shall have darnages to the portion of the building, hereby leased, to be repaired, but if the premises be so damaged that die Lessor shall decide not to rebuild, the term shall cease and the accrued rent shall be paid up to the time of said fire. fn case, however, the destruction of tile premises by fire shall be only partial and a portion be fit for occupancy by the Lessee and Beneficiary for the purpose for which said premises are leased, then the rent be equitably apportioned and paid for the parts so fit for occupancy; provided that Lessor- diligently commences necessary repairs as soon as practicably possible, but no later than thirty (30) days after such destruction and completes such repairs within ninety (90) days thereafter, or within a reasonable time period for such repair. No claim shall be rnade by the Lessee in any case for compensation or damages by reason of interruption of its business through any such destruction or damage to the premises not arising from the actions or inactions of Lessor, or arising from the necessity of repairing any portion of the building as herein provided. TWELTH: The Lessor shall, at al I reasonable times, have access to the aforesaid premises for the purpose of examining the same, of making necessary repairs, or for the purpose of showing the premises to prospective purchasers or lessees; and for a period of at least six (G) months prior to the expiration of this Lease Agreement shall have the right to post signs in front of premises offering: "To Rent ", or "For Sale" such signs the Lessee shall permit to remain without damage or molestation of any kind. THIRTEENTH: The Lessor covenants that upon the Lessee paying the above - specified rent and performing and complying with all the terms and conditions and covenants of this Lease Agreement, the .Lessee and Beneficiary shall and may peaceably have, hold and enjoy the premises for the term of this Lease Agreement. Lessor further covenants that no future use shall be permitted in the Building which will be noxious to the Beneficiary and Lessee Revised: Thursday, January 15, 2009 "Y The premises are in compliance with, and Lessor has not been charged with, has not received any notice of and is not under investigation for, failure to comply with any state or federal environmental laws administered by Erie County, the New York State Department of Environmental Conservation, or the United States Environmental .Protection Agency. Neither Lessor nor any prior OWDCI's and occupants of the premises have stored, treated, generated, transported, processed, handled produced or disposed of any. Hazardous Materials (except in compliance with applicable Enviromnental Laws) at the prernises. There are no underground storage tanks at the premises. The Lessor is not aware of any hazards pertaining to friable asbestos, mold, lead plumbing, or lead paint at the premises. Lessor understands the nature of the use of the demised premises by Beneficiary requires a higher level ofsafety consideration for the users thereof than other uses, and as a result, fire damage to even a small portion of the premises, noxious activity, environmental hazards, and any other condition affecting the habitability of the premises can render the entire premises unfit for Lessee's occupancy. 'the Lessee or Beneficiary shall immediately give notice of conditions af'f�cting the habitability of the premises to the Lessor who shall have the conditions repaired and shall be compensated under the same terms as found in paragraph ELEVENTH, but if the premises be so affected that the Lessor shall decide not to rebuild, the term shall cease and the accrued rent shall be paid up to the time of the notice of said condition. FOURTEENTU: The parties to this Lease Agreement shall indemnify and keep and hold harmless each other from any and all damages, costs, expenses, and liability arising from or out of the occupancy of the the Lessee and Beneficiary, or the actions of the parties' agents, invitees, or servants, causing any loss or damage arising from any default or negligence by the parties, or failure of the Lessee's part to comply with any of the covenants, terms and conditions herein contained. FIFTEENTH: All written notices required or agreed to be given herein by either party shall be sent by registered or certified mail addressed to: 1339 MAIN STREET ASSOCIATES 625 Delaware Avenue, Suite 100 Buffalo, New York 14202 CITY OF BUFFALO Attn: Law Department 65 Niagara Square Buffalo, New York 14202 6 Revised: Thursday, ,January 15, 2009 BUFFALO AND ERIE COUNTY PUBI.,IC LIBRARY I Lafayette Square Buffalo, New York 14203 Each party shall notify the other of a change of address. SIvTEENTIE Lessor shall ensure that electricity, gas, water and telephone service are properly connected to demised premises in adequate supply and separately metered, excluding water which shall be billed every three months as received with Beneficiary to pay proportionately based upon usage. Beneficiary pay directly to the utility provider all charges for utilities used by Beneficiary in demised premises. Beneficiary is further responsible for,janitoria.l service and disposal of garbage. Lessee shall be responsible for their proportionate share of any increase in fees or costs charged or levied by the City of Buffalo arising from the use ofthe premises. Lessee's proportionate share shall be equal to a traction, the numerator of which shall be the number of'square feet of floor area in the demised premises, and the denominator of which shall be the total number of square feet of floor area in the premises, including the demised premises. Lessor agrees to notify Lessee in writing within thirty days after receiving notification of any such increase. SEVEN'T'EENTH: Lessor and its agents and employees shall not be liable or responsible for any failure of water supply or electrical current, sprinkler damage, or failure of sprinkler service or for any injury or damage to person or property caused by the elements or by other tenants or. persons in the building. Lessor and its agents and employees shat l not be liable or responsible for loss or damage to property of Lessee or of others entrusted to Lessor's agents or employees, or for loss or damage to any property of Lessee by theft or otherwise. Lessor and its agents and employees shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity., water, rain or snow or leaks from any part of the Building or froth pipes, appliances, or plumbing, or from the roof, street or subsurface, or from any other buildings or by any cause of whatever nature, nor shall lessor or its agents or employees be liable or responsible or any such damage caused by other tenants or persons in the Building, unless any of the foregoing is caused by Lessor's negligence. If at any time any windows of the Demised Premises are temporarily closed or darkened for any reason whatsoever (unless caused by Lessor's wrongful voluntary act subsequent to the Effective Date), Lessor and its agents and employees shall not be liable or responsible for any damage Lessee may sustain thereby and Lessee shall not be entitled to any compensation therefor or any abatement of rent, nor shall the same release Lessee from its obligations hereunder or constitute an eviction, including, without limitation, a constructive eviction. Lessor and its agents and employees shall not be liable or responsible for interference with light or other incorporeal 7 Revised: Thursday, January 'f 5, 2009 00 hereditaments by anybody other than Lessor acting neg] (gently or unlawfully or caused by operations by or for the municipality in construction of any public or quasi - public work; neither shall Lessor or its agcnts or employees be liable or responsible for any latent defect in the Demised Premises or any other part of the Building or Lessor's Property. EIGHTEENTH: No diminution or abatement of rent, or other compensation shall be claimed or allowed for minor inconveniences or discomforts which do not impede the use of the demised premises arise from the making of repairs or improvements to the Building or its appliances. In respect to the various "services," if any herein expressly or impl iedly agreed to be furnished by the Lessorto the Lessee and Beneficiary, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment of such "service," when such interruption or curtailment shall be due to (1) accident, alterations or repairs necessary to be made, (2) inability or difficulty in securing supplies or labor for the maintenance of such "service," or (3) some ether cause, not negtigence on the part of the Lessor. No such interruption or curtailment of any such "service" addressed with due diligence by Lessor shall be deemed a constructive eviction. The Lessor shall not be required to furnish, and the Lessee shall not be entitled to receive any of such "service" during any period wherein the Lessee shall be in default in respect to the payment of rent. NINETEENTH: In the event that any mechanic's lien is filed against the premises as a result of alterations, additions, or improvements other than those in Exhibit `B" made by the Lessee, Lessor, at its option, pursuant to notice of default as hereinafter set forth, may terminate this lease or may pay the said lien, without inquiring; into the validity thereof, and Lessee shall forthwith reimburse Lessor the total expenses incurred by Lessor in discharging or bonding the said Lien, as additional rent hereunder TWENTIETH: Lessee shall cooperate with .Lessor in every reasonable respect to assist Lessor in securing financing; on demised premises. TWENTY - FIRST: If the property or any part thereof wherein the demised premises are located shall be taken by public or quasi- public authority under any power of erninent domain or condemnation, this lease, at the option of Lessor, shall forthwith terminate and neither the Lessee nor Beneficiary shall have any claim or interest in or to any award damages for such taking. Revised: Thursday, January 15, 2009 } TWENTY-SECOND- Lessor shall NOT be required to send Lessee monthly statements for rental due or to become due under the terms and conditions of this lease; however, Lessor shall provide Lessee with a written notice in the event any payment is more than ten (10) days late. Such notice shall not in any way change any other time periods stated in this Lease Agreement. TWENTY- THIRD: Notwithstanding any other provisions contained in this lease or any extensions, modifications, or renewals thereof, it is understood and agreed that in. the event of a default in performance of any agreement, condition or other provisions to be performed by the Lessor, or, if for any other reason Lessee might be entitled to any reimbursemcnt from Lessor, in no event shall Lessee deduct or withhold any such amount form rental payments due Lessor pursuant to the rental provision of this Lease unless instructed by a court of law. TWENTY-FOURTH: Beneficiary shall replace and pay for all electric bulbs, lamps, ballasts and fluorescent tubes, as they become inoperative; provided that, prior to commencement of the Term, all of the foregoing shall be in good working order. In addition to other responsibilities agreed to herein, Lessor shall be responsible for the following: maintenance and repair to I-IVAC; lot maintenance including the parking lot and sidewalk; snow removal including shoveling, plowing, and salting; mechanical systems; lawn maintenance; and landscaping and structural repairs to the roof, foundation, exterior walls and demising walls. TWENTY-FIFTH: It is hereby mutually agreed, notwithstanding anything to the contrary thereof contained, the said premises are demised for the rental of 3,750 ( -} square feet to City of Buffalo, for the entire term of five (5) years as stated on page one (1) of this Lease, payable at the time of the snaking of this Lease, and that provisions herein contained for the payment of said rent in installments are for the convenience of Lessee only, and that, upon default in ,payment of the rent in installments as herein allowed, then the whole of the rent hereby reserved for the whole of the said terse and then remaining unpaid shall at once become due and payable, without any notice or demand. If Lessee shall fail to pay, when the sarne is due and payable, any rent or any additional rent, such unpaid amounts shall bear interest from the due date of payment at the maximum rate allowable in accordance with New York State Law at the time of such non. - payment. In the event of any default in the payment of said rent or in the observance or performance by the Lessee of any of the terms, covenants and conditions, or if said premises, or any part thereof, be Revised: Thursday, January 15, 2009 r•. f. ? abandoned and vacated, the Lessor shall have the right, at Lessor's discretion, to terminate this lease, on first giving to Lessee ten (10) days notice of past due rent or twenty (20) days' notice if such default is the breach of non- observance of any other covenant or condition with notice to be served by registered or certified mail in a post -paid envelope addressed to the Lessee orbyposting the sank in some conspicuous place in or about the premises herein described, in the event that the said default or defaults have not been cured within the periods above outlined exclusive of the day of mailing or posting, the above mentioned terms shall thereupon cease in the same manner and the same effect as if that were the expiration of the original term of this lease. Notwithstanding the foregoing provision, it is agreed that if Lessee shall be adjudicated as bankrupt, or a receiver is appointed for the business and property of Lessee, or if Lessee shall make an assignment of the benefit of creditors, then, at the option of Lessor, this lease may be cancelled upon written notice by Lessor to Lessee, but Lessor shall not be required to give the notice as required in the foregoing paragraph. The prevailing party shall be entitled to all costs and expenses, including but not limited to, filing fees, disbursements and reasonable attorney fees, which in the case of Lessor shall be considered additional rent, in any proceeding to enforce the terms and covenants of this Lease Agreement. TWENTY - SIXTH: The failure of either party to insist upon strict performance of any of the covenants or conditions of this lease or to exercise any option herein conferred in any one or more instances shall not be construed as a waiver or relingr€ ishment for the future of any such covenants, conditions or options but the same be and remain in full force and effect. TWENTY- SEVENTH: In the event that any governmental authority directs any modification or alteration to the demised premises as a result of Lessee's use of the Demised Premises, Lessee shall pay for the cost of such modification or alteration. TWENTY - EIGHTH: The marginal captions of this lease are solely for convenience of reference and shall not in any way limit or amplify the terms and provisions thereof. The necessary grammatical changes which shall be required to make the provisions of this apply (a) in the plural sense that there shall be more than one Lessor, and (b) to any instances be assumed as though in each case fully expressed. TWENTY-NINTH: Unless otherwise provided, upon the termination of this lease under any of the articles hereof, the 10 Revised: Thursday, January 15, 2009 1" parties hereto shell be relieved of any further liability thereunder, except as to acts, omissions or defaults occurring prior to such termination. THIRTIETTTI: Neither Lessor or Lessee has made any representations or promises except as herein contained, and no modification of any kind, including, but not limited to, any provision(s) herein, shall be valid unless in writing and signed by the parties hereto. THIRTY - FIRST: The Lessee expressly waives, forfeits, surrenders and releases the :Lessor from the operation of any provision of law, now in force or which maybe hereafter enacted, giving the Lessee the right, under any conditions after default, to the redemption and repossession of the leased premises or any part thereof. THIRTY - SECOND: The submittal of this lease for examination does not constitute an offer to lease, and this lease becomes effective only upon execution thereof by Lessor and Lessee. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the corporate parties by their proper officers thereunto duly authorized, as of the day and year first above written. 1339 MAIN STREET ASSOCIATES BY JOSEPH P. MOSEY JR. (Lessor) DATED CI'T'Y OF BUFFALO BY BRRWN W. BROWN, Mayor(Lessce) DATED BUFFALO & ERIECOUNTY PUBLIC LIBRARY BY Bridget Quinn -Carey (Beneficiary) DATED 11 Revised.: Thursday, January 15, 2009 STATE OF NEW YORK } CITY OF BUF1"-'AL0 ss.: COUNTY OF PRfE ) On this day of -- _ 2008, before me personally came BYRON W. BROWN, to me personally known, who, being by me duly sworn, did depose and say that he resides in the City of Buf "falo, County of Erie, and State of New York; that he is the Mayor of the City of Buffalo, the corporation described in, and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrrment is such corporation seal; and was so affixed in accordance with a resolution of the Common Council of the City of Buffalo, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK COUNTY OF ERIE ss.: On this _ _ _ _ day of 2008, before me personally came JOSEPH P. MOSEY, JR. to me personally known, who, being by me duly sworn, did depose and say that she resides .in __ -__ that she is the President of 1339 MAIN S` BEET ASSOCIATES, the corporation described in, and which executed, the within. instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that she signed her name thereto by like order. Notary Public 12 Revised: Thursday, January 15, 2009 STATE Olr NEW YORK ) CITY OF BUFFALO COUNTY OF ERIE l On this day of 2008 before me personally came Bridget Quinn- Carey, to me personally known, who, being by me duly sworn, did depose and say that she resides in the , County of Erie, and State of New York; that she is the of the County of Erie, the corporation described in, and which executed the within instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporation sea-1; and was so affixed in accordance with a resolution of the Board ofthe Buffalo and Erie County Public Library , and that she signed her name thereto by like order. Notary Public 13 Revised: Thursday, January 1.5, 2009 f EXHIBIT «A» (Floor Plan) 14 Revised: Thursday, January 15, 2009 t EXHIBIT "B" Build Out Costs 15 Revised: Thursday, January 15, 2009 1 EXHIBIT "C" Payment Schedule for Library- Related Build Out Costs 16 Revised: Thursday, .January 15, 2009 I EXHIBIT "D" Premises for Right of First Refusal: 17 Revised: Thursday, January 15, 2009 Mr. Fontana moved: That the above communication from the Department of Law dated January 15, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a Lease Agreement between 1339 Main Street Associates and the City, for the City's lease of 3,750 square feet of the premises commonly known as 975 Hertel Avenue for the benefit of the Buffalo and brie County Public Libraries, upon the terns and conditions as included in the above communication. Passed. 19 TAB:,n„v t:\wp60\mgword\rnM19c I - 20a.doc ~� *AYE N O * DAVIS * * FONTANA * * * FRANCZYK * * * _ * * * GOLOMBEK * * _ * * * KEARNS * * * _ * * * LOCURTO * * * RIVERA * * * * * * RUSSELL * * * SMITH +� [---------1 . [&��]- � l � -�� * � * ` ' - ,� _ _ | 2/3 - 6 l * ~ * * [ 3/4 - 7l f-a MMI F E D (1) joj)�) FROM THE CIVIL SERVICE COMMISSION Jan 20, 2009 BYRON W. BROWN MAYOR 0'0`-'1 g {�t T I'TY li T � /'ti Y g T J • � -�p��y1 T T Tf ;}T,,J•� /�1h� �S yyyl�yy , X V A JJI 3. 1 1 V DEPARTMENT OF HUMAN RESOURCES Civil Service Division DATE: January 14, 2009 TO: Common Council FROM: Olivia A. Licata Director, Civil Service Administration CC: Karla L. Thomas Commissioner, Department of I Iurnan Resources 1 Citt�tit K,1RLA L. TH OTMA S C:OA1,4f ISS1(.iN tr:R OLIVIA r1..[.I(,.A "t'A I7[RFCTOR SUB.l Nancy Abrams — Personal Services Contract for Truck Driver, Equipment (Operator, and Heavy Equipment Operator Examinations Attached is the personal services contract with Nancy Abrams, the examiner selected to develop and administer the Training and Experience Examinations Tor the titles of Truck Driver, Equipment Operator, and Heavy Equipment Operator. This contra is a result of the RFP process. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. 65 NIAGARA SQUARE, /.1001 CITY I [Ai_1, / B01- ALL, NY 1420 3310 / (71(;) $51 -5900 / F,%X: (716) 851 -5401 CITY OF BUFFALO DEPARTMENT OF LAW MEMORANDUM TO: NICHOLAS I EIDINGER, Human Resources FROM: ALAN 'P. G STMAN, Assistant Corporation Counsel RE: CONTRA WITH NANCY ABRAMS DATE: December 9, 2008 Please find enclosed, approved as to form, one copy of the above - captioned contract. 11 D1 THIS AGREEMENT is made and entered into this day of by and between the CITY OF BUFFALO, NEW YORK, a municipal corporation ( "CITY "), through its DEPARTMENT OF HUMAN RESOURCES, a municipal subdivision ( "HUMAN RESOURCES"'), and NANCY E. ABRAMS, PH.D., located at 177 Bluhm Road, Fairport, New York 14450 ( "CONTRACTOR "). WITNESSETH WHEREAS, the CITY has determined to enter into a written agreement with an expert for the development of a testing process for selection procedures to be used to generate the CITY'S Truck Driver, Equipment Operator, and Heavy Equipment Operator eligible lists; and WHEREAS, on or about the 23 day of May, 2008, the City solicited proposals to performed the aforementioned services; and WHEREAS, the CONTRACTOR is well- qualified and experienced in the development, validation, and evaluation of training and experience selection procedures for said job titles; and WHEREAS, the CONTRACTOR shall furnish expert professional services to the CITY, its Law Department, its Public Works Department, the Board of Education, the Buffalo Sewer Authority, the Buffalo Municipal Housing Authority, and DEPARTMENT OF HUMAN RESOURCES which are temporary in character and not otherwise available to the CITY and HUMAN RESOURCES; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SERVICES TO BE PERFORMED BY THE CONTRACTOR: The CONTRACTOR shall perform the following activities: A.) Develop lawful selection procedures to generate the CITY'S eligible lists for the titles of Truck Driver, Equipment Operator, and Heavy Equipment Operator, to include the use of Training and Experience Examinations; B.) Conduct a Job Analysis for each of the said titles through the review of previously conducted job analyses, current job specification and general job information resources (i.e. O *NET). The CONTRACTOR will observe incumbents at work operating all relevant variations of the equipment from each department in which the job titles are used. Meetings with departmental managers will be held. All of the information will be used to develop one job analysis questionnaire for each title. If there is difficulty in obtaining useful questionnaire responses, then the questionnaires will be distributed in a group setting. The results of the questionnaires will be analyzed to identify the most important areas of work and the competencies required at each job title. Job specifications will be revised to reflect the findings of the job analyses. Test plans, based on the job analyses, will be prepared to outline the areas of coverage for the training and experience examinations for said titles. Test scopes and test plans will be provided to the CITY for review and comment; C.) Develop, evaluate, and validate training and experience examinations for said job titles where candidates must be able to perform specific tasks and have knowledge of specific operations upon entry to a position. Screening for minimum qualifications will be based upon the application form and verification of driving license, and driving record from the New York State Department of Motor Vehicles. The screening process and minimum qualification requirements will serve as pass points for the examinations; D.) Print all examination- related materials, compute test scores, establish an eligible list, and conduct any background checks related to required license(s) and driving record(s); E.) Prepare and present a final report to document the validity, in compliance with all legal requirements, of the examinations and provide the rationale for examination scoring; F.) Respond in writing to all candidate appeals and appear before the Commissioner of Human Resources to provide testimony in response to such appeals; and G.) The CONSULTANT, or a representative, shall be present on the day of the examination(s) to oversee and assist in the. administration of said examination(s). LI. RECORDS: A.) The CONTRACTOR shall prepare all records as required by the Uniform Guidelines on Employee Selection Procedures, 29 C.F.R. 1607, et se q. B.) Any and all documents provided to the CITY in written form will also be provided on computer disk. III. DURATION OF CONTRACT: The term of the agreement shall commence on the 26` day of August, 2008 and shall extend until any litigation now pending, or that may arise as a result of, or relating to, the examination has concluded. IV. TRAVEL AND EXPENSES: The CONTRACTOR'S fee shall be inclusive of all travel and related expenses associated with the development of the test in Buffalo, New York. V. CONTRACTOR'S FEE AND METHOD OF PAYMENT: A.) The CITY agrees to pay the CONTRACTOR in the amount not to exceed $2, 0,000 for services performed under this agreement. Payment shall be made on the following basis: Job Analysis: 4 days @ $1,200 per day $4,800 4 days @ $400 candidates $1,600 Estimated travel expenses $300 (3 trips from Fairport, NY to Buffalo, NY) Test Development: 3 days @ $1,200 per day $3,600 2 2 days @ $400 per day $800 Estimated travel expenses $100 (1 trip from Fairport, NY to Buffalo, NY) Printing Expenses ( *) $200 Test Scoring ( *): 2 days @ $1,200 per day $2,400 4 days @ $400 per day $1,500 Test Appeals: 2 days @ $1,200 per day $2,400 Estimated travel expenses $200 (2 trips from Fairport, NY to Buffalo, NY) Total( *): $18,000 ( *) Test scoring and printing costs are based upon an expectation of a maximum of up to 200 candidates. If there are more than 200 candidates, the CITY will be billed for additional printing costs plus $400 for each additional 50 candidates for scoring. B.) Compensation provided under this Agreement constitutes full and complete payment for all costs assumed by the CONTRACTOR in performing this Agreement including, but not limited to, salaries; costs of materials and supplies; printing and reproduction; attendance at meetings, consultations and presentations; clerical costs; travel expenses; postage; telephone; and all similar expenses. No direct costs shall be reimbursed by the CITY without specific prior written approval of the CITY. prior to their expenditure and, in any event, payment of such expenses shall not exceed the maximum compensation amount pursuant to the terms of Paragraph A. above. Total Cost does not include payment for litigation- related services as discussed in Paragraph VI. C.) Payments to the CONTRACTOR under this Agreement shall be made by the CITY on approval of payment vouchers /invoices certified by a principal of the CONTRACTOR. Each invoice shall be in a form acceptable to the CITY and shall identify the work performed and completed, as appropriate, and the compensation due the CONTRACTOR. The CITY may, prior to making any payment under this Agreement, require the CONTRACTOR to submit to it such additional information with respect to the CONTRACTOR'S costs, as it deems necessary. D.) Payment will be made within 60 days of approval of only those invoices that have been approved by the Department of Human Resources. The acceptance by the CONTRACTOR, its successors or assigns, of any payment made on the final invoice under this Agreement, or of any final payment due on termination hereof, shall constitute a full and complete release of the CITY, its agents and employees, from any and all claims, demands and causes of action whatsoever which the CONTRACTOR, its successors or assigns have or may have against the CITY under the provisions of or in connection with this Agreement. VI. LITIGATION SUPPORT: The CONTRACTOR shall make its representatives available for consultation and presentation of testimony as requested by the City Law Department and /or outside counsel for the City in connection with presentation of the selection procedure for validation by the Court. The CONTRACTOR'S participation in these activities will be billed separately from compensation established in this agreement at the hourly rates set forth in Appendix A. 3 VII. CONFIDENTIALITY: The CONTRACTOR shall not at any time or in any manner, either directly or indirectly, use any Information acquired during the course of this agreement for his /her own benefit, or divulge, disclose or communicate in any manner any information to any third party without the prior written consent of the CITY. The CONTRACTOR agrees to comply with all applicable Federal and State laws and regulations governing confidentiality of records. The CONTRACTOR will protect all Information obtained by reason of this agreement as strictly confidential. A violation of this paragraph shall be a material breach of this agreement. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. VIIL APPLICABLE LAWS AND POLICY: In the performance of this agreement, the CONTRACTOR shall abide by and conform to any and all laws of the United States, the State of New York, the City Charter, Ordinances, Laws and Regulations of the City of Buffalo, New York. IX. RELATIONSHIPS: The CONTRACTOR and the CITY agree that the CONTRACTOR is an independent contractor, and not an employee of the CITY, and that in accordance with such status as an independent contractor, the CONTRACTOR covenants and agrees that neither he nor his employees_ or agents will hold themselves out as, nor claim to be, officers or employees of the CITY, or any department, agency or unit thereof, by reason hereof, and that they will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the CITY, including but not limited to, Workers Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or employee retirement membership or credit. The CITY will not provide fringe benefits, including health insurance benefits, paid vacation or any other employee benefits for benefit of the CONTRACTOR. The CONTRACTOR shall not have the ability or authority to bind or contract for the CITY, or to make any indebtedness, liability or obligation on behalf of the CITY. This agreement shall not be construed as creating an exclusive contract for services. The CITY retains the right to contract with others to provide like or similar services. The CONTRACTOR retains the right to provide such services to parties other than the CITY in its sole discretion. X. INSURANCEA NDEMNIFICATI ON The CONTRACTOR shall procure and maintain during the life of this agreement policies of insurance in compliance with the requirements set forth herein: a. Worker's Compensation Insurance b. Professional Liability Insurance in the sum of $2,000,000. c. General Liability Insurance (included but not limited to, contractual liability, bodily injury and property damage) in the amount of $2,000,000 per occurrence. The City of Buffalo must be named as an additional insured and Certificate Holder. d. Other such provisions as are acceptable to the CITY, HUMAN RESOURCES and the CITY'S CORPORATION COUNSEL. 4 The liability insurance coverage, except Errors and Omissions, Professional Liability, or Workers Compensation, if included, required for the performance of the Agreement shall name the CITY as an Additional Insured and Certificate Holder with respect to the CONSULTANT'S activities to be performed under this Agreement. Coverage shall be primary and non- contributory with any other insurance. All policies of insurance shall be provided by a company or companies authorized to do business in the State of New York. Before commencing the work, the CONTRACTOR shall furnish to the CITY certificates of insurance, and shall thereafter provide renewal certificates, as appropriate, evidencing such coverage written by a company or companies acceptable to the CITY. All certificates of insurance shall be subject to the approval of the Corporation Counsel of the City as to form and of the Comptroller of the City as to sufficiency. Such certificates and renewal certificates shall provide for a notice of cancellation, lapse or restrictive amendment by certified or registered mail at least thirty (30) days prior thereto and shall have attached a photocopy of the license(s) issued to the agent writing such insurance by the company or companies providing the insurance coverage under the certificate. If such insurance is written on a "claims made basis then such insurance shall be kept in full force and effect for three (3) years after final payment to the CONTRACTOR. All insurance shall be taken out and maintained at no cost or expense to the CITY and the CONTRACTOR shall be responsible for the full amount of any deductible. The insurance requirements stated herein, including, but not limited to, the additional insured requirement, are separate and independent of any other requirement of this written Agreement. The CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, servants and employees, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, costs or damages, including attorneys` fees, in any way arising out of, relating to or in connection with the performance of or failure to perform this Agreement. This provision shall include all losses, costs, and damages, which the CITY may suffer as a result of any negligent supervision of services by the CONTRACTOR. The CONTRACTOR hereby assumes and agrees to pay for the defense of all such claims, damages, demands, suits and proceedings. The provisions of this paragraph shall survive the expiration or termination of this Agreement; shall not be limited by reason of any insurance coverage provided hereunder or the limits of any insurance requirements; and shall be separate and independent of any other requirement of this Agreement. XI, ASSIGNMENT: The CONTRACTOR shall not assign or subcontract this Agreement or any of the services to be performed by it hereunder without prior consent of the CITY in writing. Nor shall the agreement be assignable or transferable by any process or proceeding in court or by judgment execution, receivership, proceedings in insolvency or bankruptcy, either voluntary or involuntary. Any assignment or subcontracting in violation hereof shall be void and unenforceable. The CONTRACTOR shall be as fully responsible to the CITY for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by 5 it. The CONTRACTOR shall require any subcontractor approved by the CITY to agree in a written contract to observe and be bound by all obligations and conditions of this Agreement to which CONTRACTOR is bound. XII. TERMINATION: It is mutually understood and agreed that the CITY shall have the right in its sole discretion to terminate the CONTRACTOR'S services. Payments for only those services completed at the time of termination will be paid to the CONTRACTOR. Upon termination of this agreement, the CONTRACTOR shall deliver all records, notes, data, memorandum, models and equipment of any nature that are in his /her possession or under his /her control which are the CITY'S property or relate to the CITY'S business. XIII. ENTIRE AGREEMENT: This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. XIV. AMENDMENT: This agreement may be modified or amended if the amendment is made in writing and is signed by both parties. XV. SEVERABILITY: If any provisions of the agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision shall be deemed written, construed and enforced as so limited. XVL WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. XVII. NON - APPROPRIATED FUNDS: The CITY shall have no liability under this Contract to CONTRACTOR or to anyone else beyond funds appropriated and available for this Contract. XVIII. APPLICABLE LAW: This agreement shall be governed by applicable laws of the US Federal government, the laws of the State of New York, and those of the City of Buffalo. For all purposes of this agreement, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie, and consents that any and all litigation shall be in such court. 6 F, IN WITNESS WHEREOF, the parties have set their signatures this day of NANCY E. ABRAMS, PH.D. CITY OF BUFFALO NANCY E. ABRAMS, PH.D. Contractor KARLA L. THOMAS Commissioner of Human Resources APPROVED AS TO FORM ONLY 2008. By �� j A ACKNOWLEDGMENTS State of New York County of Erie City of Buffalo On the day of in the year 2008 before me personally came KARLA L. THOMAS to me known, who, being by me duly sworn, did depose and say that he reside(s) in Buffalo, New York; that she is the COMMISSIONER OF HUMAN RESOURCES of the City of Buffalo, the corporation described in and which executed the above instrument; that she signed her name thereto, for and in behalf of said City, by like authority. NOTARY PUBLIC /COMMISSIONER OF DEEDS State of New York County of Erie City of Buffalo On the day of in the year 2008 before me personally appeared NANCY E. ABRAMS, PH.D., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (s)he executed the same in his/her capacity, and that by his /her signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC /COMMISSIONER OF DEEDS 8 � APPENDIX A The CITY agrees to pay the CONTRACTOR in the amount not to exceed $20,000 for services performed under this agreement. Payment shall be made on the following basis: Job Analysis: 4 days @ $1,200 per day $4,800 4 days @ $400 candidates $1,600 Estimated travel expenses $300 (3 trips from Fairport, NY to Buffalo, NY) Test Development: 3 days @ $1,200 per day $3,600 2 days @ $400 per day $800 Estimated travel expenses $100 (1 trip from Fairport, NY to Buffalo, NY) Printing Expenses ( *) $200 Test Scoring ( *): 2 days @ $1,200 per day $2,400 4 days @ $400 per day $1,600 Test Appeals: 2 days @ $1,200 per day $2,400 Estimated travel expenses $200 (2 trips from Fairport, NY to Buffalo, NY) Total( *): $18,000.00 ( *) Test scoring and printing costs are based upon an expectation of a maximum of up to 200 candidates. If there are more than 200 candidates, the CITY will be billed for additional printing costs plus $400 for each additional 50 candidates for scoring. 0 FROM THE CITY CLERK Jan 20, 2009 000`2? SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 15, 2009 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [:Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from Sunday, January 18, 2009 until the evening of Wednesday, January 21, 2009. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. SIGNATURE DEPARTMENT HEAD TITLE r or, City of Bu alo RECE� D HL C�k ± te r ^ `" % r , , UUUZj Im Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 810 Elmwood 245 all.en St 3051 Main St 3160 Main St 520 Niagara St 1491 Broadway 2056 South Park RECEIVED AND FILED Business Name Owner's Name Juniper Lady business LTD Allen St Hardware Cafe Mark Goldman Broadway Joes BS Enterprizes Michael Moynihan Rendezvous Tina DeJesus Jr Lounge Angela Martinez Talty'd Dennis M. Talty 1f Jan 20, 2009 Siundardixed T Jar P oviding a p I'• K STATE OF NEW YORK 20 -0 RY AdY DSX ]t&dM u jp^' -t M " °trinafity nr Co R1 KfGA[tY �9�t'� .. � N, C f �1 . CXCCtiliVi 13CFAR it.11Et:T in cn>.nrniun r;tr ra.n..,�.. ...:h: Se_:a il�ru•�w:l DIVISION OF ALCOHOLIC SEV£RACE CONTROL AQ2 11011 — t� s hot v STATE LIQUOR AUTHORITY f (h r., a ] N (J?ji0e ! Of 21 �^7 2 n d g {. pate the Original copy or this NOitce wag Mailed to the Local Municipality or Community Board: 0 d s THIS 30 -DAY ADVANCE NOTICIr IS BEING " PTO TFiII C t �1iK.OR IH�'' FC U;4WINO LOCAL MVNICIPAIJ Y OR G<7MML `Y I}6411 2. Name of the Local Municipidity or Community Board: FFq L-o C 3. Street Address of Local Municipality or Community Board: A R �C r NY Zip Code: 14 .Z.G 4. City. Town, or Village: i F A Lc, 5. Telephone Number of Clctk of Local Municipality or Community Board: V 5 2 ATTORNEY REPRESENTINO THE APPLICANT IN CONNECTION WITH THE APPUCARVS ORJOINAL IFIRSTI ON•PREMISES ALCOH_ OUC BEVERAGE LICENSE APPLICATION FOR THE ESTABUgHMENT IDENTIFIED IN THIS NOTICE eA- ! I 6_ . Attorney's Fulf Name is: yI t 7. Atto(Oey's Street Address: Q _ Zip Code: 8. City, Town, Or Vglage: asq,j 9. Business Telephone Number of Attorney* v _ THE Al'p[ 1SANT WILL FILL N OFJaIDIAL {F4 t9I) MP cA�i19k j }IZAN cil�r>�R lzls A].e dt.tC i� a ar E IDENTIFIED IN ORD1wR'�C3 CONDUCT: WTIINTH gs7Ak]LSrIEf�C'__ IHt 1�YF i�F {� s1 � _ / rNE g Be ' e{y t -... ❑ Wine and Beer Only [y/ { Liquor, Wine, and Beer 10. Typels) of Alcohol to be sold under the License ['X" QUO ❑ On 2" Bar of Restaurant (Sale of Food Tavern - Restaurant JA mixed�usc eatabliahment that }, Tavem / Cocktait Lounge J Adult Venue J Food Service: Q0i1 Primarily; Full Food Menu; II minimum has both a sit -down dining area and ■ 'stand -up" bar a Bu [Aic food gales primarily - meets d av¢ilability requirements) legal i I where pa may receive direct deliveries of alcohol] foo ( •X• Kitchen run by Chti} Pa Type of ❑};Orel ❑ Livt Disk F-1 Juke Patron Dancing ❑ Cabaret, Night Club, Discotheque a Capacity patrons o 12. Music Jockey Box (Small Scale) ILarge Scale Dance Club] F- atnbtishment: Btd lr Catering Stage 11 F.n Topless Other 1•R'sll L1 Club[c.g.1l a Dmakfast El Facility � Shows tcrtainmcnt JSpccify). that ■aPlyl Fraternal l prg.) (�� patio Freestanding ❑ Oarden /_ Other IJ Proposed L1 None E..�-..7 Rooftop or peck F1 Covered Structure Grounds iSpeclfyl; Outdoor Area: C��CC���.- ...•..7t77 Prapased Ifsntl "ilt#4lpf lAadasadaw r ,4 dAM PM Days and Hours �Q � AM M l —0C <DM r ..d� L=- t -=-��M � o Y O ' oo Q PM [�..:a D �M To TO TO �.�.�� A M (Complete alt: ,1� /^'`, T T..;RoM - . 00 0. °C ; Q_ AM 'M �.,.. -,,.gip tS:J '. circle AM or PMJ .:-.f 5:" El ' YES l J 4 NO '. I.S. Will the proposed L- icense Border or a manager bz physicalty present within the eutabliehmcnl during Ail Haura of Operation? [' 9tiL1 l6. Applicsiion Script Number: {� F el .4 The Applicant'a Full Name, asst appears In t e application �� D! t`"� (°y 'rJ S 1+� �- 17, for the On- Premises Alcoholic Beverage Ucenae, Is: The Full Name or thr Proposed licensed Establishment Jthc Trade Name under which c€,c y �� proposed Licend Establishment will con t8. se duct business) is: The he Licensed Establishment is lOcatcd within , �� ! W- 19- the building which has the following street address- NY zip Code: . Z 20. City, Town, or VU]Rge: rF g 21. The proposed t-icensed Establishment will be located on the following floorW of the building at the above address: l t aj 0 F60 22, Within the building at the above address, the proposed Licensed Establishment will be located within the ronm(s) numbered as follows: 23 Business Telephone Number *(the Applicant: H I f25.2& - If"YES', SKIP items N Ir "NO', ANSWER items Na. 25.28. Ducs the Applicant own the building in OO to [rem No. 2 Then Continue to Item No. 29, 2q which the proposed Licensed NO and complete the farm. Establishment will be located? ['X'Uts) Yes and Complete the . OWNER OF THE BLRLDINd IN WWCH THE PROPOSED LICENSED ESTA13i1SHMENT WILL BE LOCAElCD 25. Building Owner's Full Name is: �C E CC3 3 t�L„[2. A urJ , F - Ar�{A� -is 26. Building Dwneri Street Address: � +� � � U..1 ''"'� Zip C� �Z2 � „^ 27. City. Town. or Vitlage: ..�F�►L -Cy «- ' ,. T _ aji �_ 28. Business Telephone Number of Building Owner: Sjur,d.,d1x.d AE for pravrdrng a j t c STATF OF NEW YORK aO Adya ngS . &AWO a may' =1 Monlrinality ar Cos111itultltY -I34 EXECUTIVE DEPARTMENT in ronmarrus with the robrnlstion to the State Liquor AWhoriryoJths 3� DIVISION OF ALCOHOLIC BEVERAGE CONTROL A, fi aril` i I i Y 4 I I ati STATE LIQUOR AUTHORITY t e t )Foos 2 of 11 IN ORDER TO INSURE THAT PAGES 1 AND Z OF YOUR NOTICE ARE NOT $6PARAT9D.OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW.' THE INFORMATION REGARDINO YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME YOUR COURTESIES ARE APPRECIATED lb- Application Serial Number: - The Applicant's Full Name, as it appears in the apptitation i L 0 W 0 17, for the On- Premises Alcoholic Beverage License, The Full Name of the proposed licensed Establishment {the Trade Name under 18. which the proposed Licensed Establishment will conduct businesal is: 29 30 31. 32. 33- 34- 35. 35. 37 38. 39- 49. 41 INFORMATION REOARDING THE ALCOHOLIC BEVERAGE LICENS$ !g! FOR TH APPLICANT'S PROP08ED LlCENSEd ES'I'AE U Has a buaincsa involving the licensed 11 "YES ANSWER Items No. 30 -41 on- premises sale and /or consumption � complete the Ye of a � alcoholic beverages � ❑ p ever been conducted within the 3 crAtics at Item No. 42. proposed Licensed EstsbliahmertO Paoy1D»TH,FOI;tAwjNQ INF1L?l�ItSAS?N urir4&Q�l jpTiZII f3 §�t�8 UN66Z itALCQ1 i1LICB tiICItAl�3E.LiCRNSE:llt ft>cQtliel.Y FQ IF{ APPLt ! RSBULIT If "NO ", SKIP items No. 307 41. _ Complete the 3 tntr'.ea NO at item No. 42. Typeis) of Alcohol sold under the most recent License (cheek one[: U Beer Only ❑ Wine and Hecr Only ❑ Liquor, Wine, and Beer Extent of Restaurant [Sale of Food Tavern - Restaurant IA asixed -use es tablishment that Tavern / Cocktail Lounge Adult Venue / flood Service- ❑ Primarily; Full Food Menu. ❑ has both a sit -down dining area and a "stand -up" bar Bar (Alcohol salts primarily - meets legal 4!751 Kitchen run by Chef) P patrons may where receive direct deliveries of alcohol) minimum food availability requirements) f •X• Type of Hotel [] Live ❑ Disk ❑ Juke F1 Patron Dancing Cabaret; Night Club, Discotheque ❑ or more patrons Capacity for 600 Establishment: Music Jockey IInx (Smell Scale) (Large Scale Dance Club) 00 ❑ Club (e.g. Golf / Bed & Catering Stage Topless Other ('X• all Fraternal Org.) ❑ Breakfast Facility ❑ Shows ❑ Entertainment (Specify): that apply] Other Patio Freestanding Garden Other Licensed ❑ None ❑ Rooftop qutdoor or Detk ❑Covered Structure Grounds [Specify): Area a Previous lAooda I�,iti�EaY lgada[+afd� � trida' eatt = Days and Hours AM PM ..,.- AM PM _ AM PM �.._._._- AM of Operation: AM PM AM PM 7O TP TO Td ICamPletc alt; 'r4 TO AM PM r AM PM AM circle AM or AM PM _ _ AM PM �.,. AM PM-- -- m -- _._ -. -- Was the former License Holder or a Manager physically present ❑ YeS NO ] [ DON7 KN gW within the establishment during Ali Hours of Operation? ('X• 03 4 1: Serial Number of the on- premises alcoholic beverage ne moat recently inn ued for the Applicant's pro lice posed Licensed Eala63i s sllment: Expiration dote of the on-premisea alcoholic beverage license most reccnt)y issued for the Applicant's proposed Licensed Establishment: The most recent License Holder's Full Name, as set forth on the on-premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment'= The Full Name of the most recent licensed establishment [Trade Name} as set forth on the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment:: Is the Applicant's proposed Establishment 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 license holder or the most recently issued Yes ❑ at item No. 42. N O ❑ at Item No. 42. an- premises alcoholic beverage license? I "aL" 9113J: Business Telephone Number or the license holder of the most recently issued .. license for the Applicants proposed Licensed Establishment: 1 hold the License ar s Priitclpal of the 4 Entity that holds the 4[cettae RepresentaUaita In U- 4 form are,ln fitli twxi[Qttn[ty w ith repreaetatlst$ana trade In Au It+sd�pa whd uppri. tad Au IYt drsctunequ- fit14t1ebfad a�ibralttettl(v{d nrtts1llttctwli tr?[t ) t w s� t'AV v [tyh_#Wbatotau I.undcrltatid tltq! ttpfgsen u male in, forme ,s ' t'o><ra tries � ,s_ _Y .t i u . .1.' . t s1 reiiHrr�. I itfllrid = 64i ]t 4 h 42. X 1514 -0& I 1 - 9 12�z'1� CONSULTING ALCOHOL MANAGEMENT CHESTER A MENKIENA, OWNER PO BOX 241`' BUFFALO, NY 14225 DQAT J L4P'P'q- Please be advised that the PREMISES A D`�f .IS i �t�SS Lt located at g .. ZLICENSEE _ lira► L.c is applying to the New York State Liquor Authority for a Liquor License Cs a 1 —�+r sec _ SS to sell Liquor Beer Wine for On Premises consumption. CONSULTING ALCOHOL MANAGEMEN 1` is giving written notification of the facts listed above. Also, attached is section F (Notice to Municipality). Any question contact Chester A. Menkiena, CONSULTING ALCOHOL MANAGEMENT at the above address or call (716) 632 -6303. 0 MA ^lr CHESTER A. MENKIENAIOWNER Letter to Municipality Mark Goldman 398 Jersey Street Buffalo, New York 14213 Mark Goldman City Clerk City Nall Jan 11, 2009 Buffalo, New York To whom it may concern: We are writing you to inform you that we are requesting an alteration to our liquor license at the Allen Street Hardware Cafe at 245 Allen Street. The alterations that we would like to make consist of adding a thirty foot by six foot outdoor patio on the College Street side of the building. The patio will be bordered by an artistically made wrought iron fence. The patio would accommodate 15 people for dining. Thank you for your consideration, Mark Goldman, Owner 912 -8980 1 f, f ' °•!+ r r STATE OF NEW YORK EXECUTIVE DFPARTMFNT DIVISION OF ALCOIIOLIC BE VERAGE CUNTR61 —' STATA LIQUOR AUTHORITY JI) } C sr°rrriardized ORIGINAL APPLICATION NO'I'1(.E FORM fir 30_Oav Advanow Notice !o ! .;oat It4gnkjV21i1 9r f'nplen trolly RnAYd ill cnnneerinla wish the submission m Me,Sirrie LrqunrAwhorify tffhe Applicant's Original (First) On- Premises Alcoholic Beverage License Application for the Estahlishment Identified in this Notice (Page 1 of21 t. pate lire Original copy of this Notice was Mailed to the Local Municipality or Community Board: Q i f) 2 p L± l'IIIS 34 1)71Y ADyANGF NO 1ICI? -T3 fitING MAILED. TO I tEE CLERK OF TIME FO IAWING:T�CICAL MUNICIPAL17 Y QI .COMMTIfIE'I Y BOrtRD 2. Name of the Local Municipality or Commun�Board: ✓N� G -�" ,�` ��k /-� 3. Street Address of LocaI Municipality or Com `/ A 4. City, Town, or Village: - >� -' /-� �C� /� NY 7ig Code: L 41 - )1 5. Telephone Number of Clcrk of Local Municipality or Community Board: ' _ rJ A' I" I 'C3I21VI;YI2EF'12ESII�TIHCTIii APII�ICAN7INCE CTIOIV ;VVITHI'FI ORIGINAL (PiRV171 ON (ItA OfJOI.IC l3L M AGE I1CT NS1 AC?PI.ICATIQN I OR'IfIE'f STABIdS11MENT IIJ N'CIME6I4 THIS NUNCE 6. Attorney's roll Name is: 7. Attorney's Strect Address: 8. City, Town, or Village: 5..� Pip Code: 9. Business'rele, phone Number of Attorney: THE APPLICANTWILL Ff Lk AN ORIGINAL (1 IRbT) Al'1 I ICA l'IO N FOR AN ON-PR nI.CE]}lC1L[C 339VhtltAC�f, ],iC1 NST) .. IN aJ12I)I;R TO C©N4]i:I.GT - WITI #IN TIlE:TT]ENTIFII Q ESTAnLlsii L; TIiE'T`XPL OP BUSINESS DFSC RI9P_ 111 LOW to. Type(s) of Alcohol to he sold under the License ( "X "one): ❑ 0 ri;y ❑ Wine and Beer Only L/Sk Liquor, Winn„ and Eiger Extern of F-1 Restaurant Sale of Food Tavern- Restaurant A mixed -use establishment that Tavern / Cocktail lounge / Adult Venue / ❑ and a "stand -up" bar Liar (Alcohol sales primarily - meets legal it. Food Service: Primarily; Full Food Menu; has tooth a sit -clown dining area ( "X" n ) Kitchcn run by Chc1) where patrons may receive direct deliveries of alcuhuq minimum food availability requirements) Type of � Live ❑ Disk ® Juke Patron Dancing � Cabaret, Night Club, lAscotbeque F Capacity for 600 llo €el Scale Danrr, Club( or more patrons - rn Establishment: Music Jockey Box (Small Stale) (barge ("X" all Club G tied Catering Stage 'hapless Other Entcrtainmenl { Specify): that apply) Fraternal Org.] 13rcakfast Facility Shows rilal rg.) k 13 Proposed Rooftop None ❑ ❑ � Patio Freestanding Garden / Other ❑ Grounds ❑ (Specify]: ❑ Outdoor Area: or Deck Covered Structure Proposed Days and hou rs Monday ' L1�'G- AM PM ___ _ �� A-0 Wedpesd�y : C AM CM '1`yursdav _ - c` - dr Af o Friday .� : L �' AMOM aturda G� Ah� Sunda .,� IAA A PM 14, of Operati on: TO To Tt) To To To To (Complete all y rsr � _ ,• 0 Air PM �' A l'M ; 0,,- A& PM . :vc PM � �G � AM 'M circle. AM or PMi � lAk PM 0 , .- ,.�.:_ 15. Will the proposed License holder or a Manager br, physically prcscrvt within [he fsta hlishment dur'irrK All Flours of Operation? ( "?L" une): � YfSS ❑ NO 4 � Application Serial Number: - The Applicant's Full Name, as it ai>pears in the application for the O - Premises A lcoholic Bevera 1lccnse, is: the "Erode The Pull Name of the proposed licensed Fslabkishmcnt [the Name urtdcr whirh c.'A E8 Proposed Licensed stablishroont will conduct bu -ine E 'fire proposed Mcen red Establishment is locatedAvithin Ly. the building which has the following streetaddtcss: NY lip Code: 20, City, Town, or Village: �� 4, f� ✓rT � D �3J� t he above address: 21. The proposed Licensed E;stabfisf)ment will be located on the following fluor(s) of the: buildrng ut the rooms) numbered as follows: located within 22. Within the building at the above address, the proposed Licensed Establishment will be Number the Applican[: 23, Business'Wephone of 28 _ If - No - , ANSWER items No. 25 -28, Does the Applicant own the building in if "YES", SK[P items No• 11 Then continue to hem No. 29, Item Nu. 29, O and complete the for m- 24. which the proposed Licensed f�l Go to "X" Yes fCF colopicte the f °r °t, Establishment will be located? ( line. and I �1'Isl3LISIlI41EIIT WILL I3E LOCATED OWNER'OP Tl7E')3UILDlN0 WHICk Tile, PROPUSGt LTC NCI }7 Building Owrivr'SF)uII Name is: -r [ `! -'� ._ ij t 1G. Building Owners Street Address: ` "" Zip Cade: 27. L '1 City, Town, or Village: 28- €3usincss Telephone Number of Building Owner: I Ig j b5 _k I �\j CONSULTING ALCOHOL MANAGEMENT CHESTER A MENKIENA, OWNER PO BOX 243 BUFFALO, NY 14225 DC3�3'• �arr' t�,s�D'� Please be advised that the PREMISES ..... M t ha.,1 �2orc5 „►� s "-� _ located at 31 62 tjAf ST [ = FaE c, !� t�4 LICENSEE �ti L- „� to sell Liquor Ber Wine or On Premises consumption. hrf CONSULTING ALLCOHO Cwt r NA is applying q Y Liquor L MANAG Is giving written notification of the facts listed above. Also, attached Is Section F (Notice to Municipality). Any question contact Chester A. Menkiena, CONSULTING ALCOHOL MANAGEMENT at the above address or call (116) 632 -6903. ( '3 ',j 3'a- 1 CHESTER A. MENKIENA/OWNER (3 � FC--,” C r' i 't C - .F-z -IC. �µFFAL. f N 2-0 Z- L. €.. C73 - Letter to Municipality e e CO4S�_THNG ALCOHOL MANAGEMENT CHESTER A MENKIENA, OWNER PO BOX 241 BUFFALO, NY 14225 Please be advised that the PREMISES ot k9- .kri~:4-,;, Li- located at 10 s r- C 5 i t � CAS - tJ LICENSEE 7.. �.� �•��s.�s is applyinj to the New York State Liquor Authority for a Liquor License _ C�� to sell Liquor Beer Wine for On Premises consumption. CONSULTING ALCOHOL MANAGEMENT is giving written notification of the facts fisted above, Also, attached is Section F (Notice to Municipality). Any question contact Chester A. Menkiena, CONSULTING ALCOHOL MANAGEMENT at the above address or call (716) 632 -6903. s - -� 3 ,-% . CHESTER A. MENKIENAIOWNER r,u Letter to Municipality Smrrdarrierea ORIGINAL APPLICATION NOTICE FORM jarlravanign _ e(lv.,ncc Notice ra a LocaI \funicipaIity or Community hoard in conneclion with (lie - uthmiision M the ,tiIarB Lrgimr.4wha ipy )jncC App jepo , s Original (First) On - Premises Alcoholic Bevcrag_e License APlllication for the Fstahlkhmeltf Identified in this Notice (Page 1 of 2I STATE OF NEW YORK THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE F:\F.Cl OFPARTMENT 2. DIVISION OF ALCOIIOLIC REVERAGECONTROL 6 t' ti � Ls.{ � 1. /C ,? STATF, LIQUOR AOTHOWTV Smrrdarrierea ORIGINAL APPLICATION NOTICE FORM jarlravanign _ e(lv.,ncc Notice ra a LocaI \funicipaIity or Community hoard in conneclion with (lie - uthmiision M the ,tiIarB Lrgimr.4wha ipy )jncC App jepo , s Original (First) On - Premises Alcoholic Bevcrag_e License APlllication for the Fstahlkhmeltf Identified in this Notice (Page 1 of 2I C- !. E7ale rye Orif:inal enpv of this Notice svgs Mailed t° the Local Municipality or Community [3oard: �� f 2 Q THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPAUTY OR COMMUNITY BOARD 2. Name of the Local,Munieipality or Commtnity hoard: 6 t' ti � Ls.{ � 1. /C ,? 3. Street Address of Loral Nitinicipality or Community Board: 1 . _� �f r,4 f,7 . Sf �(},. 1 "> y13 121. � 'Fe,K40 v— i�- e b {.. w 4. Ci!v. TO W11, or Villag _ - 'lip --de: ° � 5. Telephone Number of Clcrk of Local Municipality or Community Roar(): - C} _ r"' Z ATTORNEY RKPI FSENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC DEVERAGE LICENSE. APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE ti. At torraev's Full Name, is: 7- Altornra''s Sired Adclwss: - f R. �— Ciry, Town, or Village: u Zip Code: 9. business Telephone Number of Attorney: " ` THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION. FOR AN OW- PREMISES ALCOHOLIC BEVERAGE LICENSE: IN ORDER TO CONDUCT— WITHIN TIME IDENTIFIED ESTABLISHMENT -THE TYPE OF BUSINESS DESCRIBED BELOW 10 Ty - pc(51 of Alcohol to be sold under the License ('7t' one): ❑ Bey ❑ Wine and Beer Only Liquor, Wine, and Bccr On If •! Estcnt of Food Scn�icc: � -� ❑ Restaurant 18-ale of Food Tavern- Restaurant {A mixed -use establishment that 11 Tavern / Cocktail Lounge / AdUR -Mcruc / Primarily; Fill Food Menu; has both a sit -down dining area and a 'stand -up" bar Liar (Alcohol sales primarily - mcas legal Vitchen run by Chen where patrons may receive direct deliveries of alcohol] minimum food availability regtihi- cents) .� 1 12 'i'yPe of I : ; Hotel Live. Disk -- ❑ Music ❑ Jockey Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 ® Box ❑ ❑ ❑ s ahlislrrnent. (Smats Scale) (Large Scale Dance Club] or more patru s { 7C xt!! c y ❑ CWb (e.g. Golf / ❑ Bed & ❑ Catering ❑ Stage ❑ Topless ❑ Other ; Fraternal Org.) Breakfast Facility Shows th:,t apply) Entertainment (Specify]: 13. T'ro used - None - Patio Freestanding Oflrdcn Other [ Rooftop ❑ ❑ ❑ ❑ Outdoor Arca: or Deck Covered Structure Grounds S cif Proposed Sa Tuesday Wednesday Thursd>!v rfda 6a tvrday suQa� 14. Da and Hours of Operation: AM PM AM PM _ AM PM AM PM AM PM AM PM AM PM (Camplelr a ll; TO TO TO TO TO TO To circle AM or PM} AM PM AM PM AM PM AM PM AM PM AM Phi AM PM 15. Will the prolxlsed License Holder or a Manager be physically present within the establishment during All Hours of Operation? ('X' one : ❑ YI:S ❑ NO IG. Apphcotien Scrial Nomher: 17. The Applir aryl � Full Name. alit nppems in the application f or th ()n- Premises Alcoholic Be vcrrtge License, is: , The full Name oflhe propomd licensed Establishment (the Trade Name un which the �_ � ' Proposed Lieensed Esttbt;shmcnt will condur-t business} is ;,� /[ E; ✓3 s 19 The pr oposed Licensed Establishment is located within the building which has the following street address: { t°,C %Lxk 20. Cit), Town, or Village ,� ' .2 N Zip Gode: C `� 21 . The proposed Licenser) Emahlisshment will he located on the following floor(s) of the building at the above address; � t% 22. Within the 1)vilding at the above address, the proposed Licensed Establishment will be located within the rootn(s) numbered as follows: 23. Business Telephono Number of the Applicant: , 3^ Discs the Applicant own the building in lf'YES', SKIP items No. 25 -28. If'NO', ANSWER items No. 25 -28. 24, which the proposed Licensed Go to item No. 29, ❑ Then continue to Item No, 29, Establishment will be located? ('R" onel Yes and complete the form. No VW and complete the form. OWNER OF THE,13UILDING IN WHICH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED - 25_ _ _ f +uildirah Owner's Tull Name is- C' 20 Building Owner's Street Address: 27, City, Town, or Village: � _ ' { {� e 4 vl Zip Code: 9 J N -24.� i filtsincss Telephone Ni.rmber of Building Owner: - r 6 l � C- -49 NOTIFICATION RIDER TO NEW APPLICATIONS Applicants for on premises licenses must complete this section. NOTICE TO MUNICIPALITYICOMMUNITY (BOARD Thirty days before submitting an application to the New York State Liquor Authority, you (the applicant) are required (by the Alcoholic Beverage. Control Law, Section 64, subdivision 2a) to notify, in writing, the clerk of the village; town; city; or the local community board in New York City; where your premise is located and your intent to file your application with the NYS Liquor Authority. Notification must be sent by Certified Mail, return receipt requested. The original receipt and copy of your Notification to the Municipality>Community Board MUST accompany your application. � In New York City, notification is required for ALL on premises (beer, wine & liquor) applications. Notification is to be sent to the community board with jurisdiction over the area in which the premises is located. 0- Outside New York City only on premise liquor applicants are required to notify the clerk of the city, town or village of the jurisdiction. NOTE APPLICATIONS CANNOT BE ACCEPTED IF THIS NOTIFICATION HAS NOT BEEN MADE AT LEAST 30 DAYS PRIOR TO FILING. CERTIFICATION RIDER TO APPLICATIONS I hereby certify that on the r day of �� A 20 � ; I have complied with the requirements of Section 64.2(a) of the Alcoholic Beverage Control Law, and sent notification of my application to become licensed, by certified mail, return recei t requested to the Clerk of the t F /'► City ❑ l - own ❑ Village of V ; Or, in New York City, the Clerk of Community Board #f 3 Boroirgyi 9F where the premises are located. igna ere n Date , F _ F Wame of applicant Trade name (DBA) b v �/ re ises street address City, State, Zip F , ----- - - - - -- PHONE LISTINGS FOR NEW YORK CITY APPLICANTS If you are unsure of which community board serves the area in which your premises are located, call the number listed below for the office of your Borough President: Manhattan Bronx Queens Staten Island Brooklyn 212 -669 -8300 718 - 590 -3500 718- 286 -2900 718- 816 -2200 718 - 802 -3700 - 36 FOR OFFICIAL USE ONLY Serial Number Type of License Date Intake Processor STATE OF NEW YORK LIQUOR AUTIJORITY APPLICATION FOR PERMISSION TO MAKE ALTERATIONS SECTION 99 -D (A.R.C.) THIS APPLICATION MUST BE FILED WITH THE APPROPRIATE ZONE OFFICE OF THE STATE LIQUOR AUTHORITY IN WNICII THE LICENSED PREMISES ARE SITUATED. This application must be accompanied by the following: I. flan or diagram on paper not more than 8 112" x 11" in size, showing the present layout of the premises. 2. Ulan or diagram on paper not more than K 112 ". x l l" in size, showing the proposed alterations. 3. If changes to the front of the premises are proposed, an elevation or diagram on paper not more than 8 1/2" x I I " in size of the proposed front of the premises. If desired, the front elevation plan may be incorporated on the plan showing the proposed alterations. 4. NO FEE IS REQUIRED. CHECK ONE ❑ Su bstantial Alteration: Any enlargement or contraction of a licensed premises. Any physical change to the exterior, that involves the creation or relocation of any window or door, and any interior change of physical structure. Any change in size or location of bar, or dining and kitchen facilities. i"Wet Alteration: One costing and valued at less than ten thousand dollars, which does not affect the material character or physical ' - 1 t tT o l- tha t existed at the time of licensing. The licensee named below hereby requests the permission of the Liquor Authority for the Alteration of the li censed premises set forth below. Mall Name of Applicant- Licensce Frade Name or other designation '1A License serial No: I f gad L 1 l Sln ct addrre of prenafses 1'csst �i9ice addre s, t:ily,'Co4+ r or V i Villztge -Zip Code ofpreanises (if chfiercnt) ®g 1pr / Cary 'Town or Village - Zip Code County Telephone �. Between what streets or avenues. (If outside city limits and not known by a house number, spec location in relation to nearest intersecting road or highway) 60 0 1) - l E -Mail Address iravailable Estimated Cost of Alteration: 131 urce of Funds 1jsed to Pay for Alterations: 1. List proposed alterations: (Describe all changes fishy. If additional space is needed, attach a sheet of paper). CVAj11, IZ J a X f 1 /n.� &2t Xav" diV �-?� ALTERATION r 4'10 tZ /4 LL --!C 5� M )Ul f C -1/-4T 7L !rZY" jf A P <2eA /Z,Cb IA .4 a Y v t���]� ive - 72 -r E xis A,.} ? 1C�1 1 ?.1,° 1 f°i�,I�IE.E /A- / To- P''f - l�d� ire') D - t — D1 2i A > LH -28 (05/06) Be sure to fill in and sign certification on next page. 2 (a) State whether additional space is being added or eliminated. I n) Ifs O give size for atiom and use of cnarP (c) Is a building permit required in your location (City, Town, Village) If answer is yes, give permit number and issuing municipality: (Answer "Yes" or " NO (Number ) (City, Town, Village) (d) If additional space is added, give name of landlord, terms of lease Alcoholic beverages may not be kept or sold in any added space until a certificate of endorsement is issued, and such will not be issued until the licensee has obtained actual and exclusive possession of the added s ace. 3. Will any entrance or exit of premises as altered be within 200' of the 3. _ entrance to a school, church or synagogue or other pl of worship? Answer ' Yes" ar "No ") 4. (a) State whether there is a change in address. (If the address of the premise has 4. (a) k_ e changed since the last application, submit a written explanation or letter {Answer "Yes or "No") from the Post Office). v (b) If so, give eliminated address and/or additional address. (Eliminated Address) _ Addi tional Address) 5. - - TO BE ANSWERED BY ON- PR1MI :SES LICENSEE ONLY _ _ ____ P s nt Proposed Seating Capacity at tables -1 L l - r � Total Length of Bar �� 1 1 � ( Alo 'I'his permission, as granted herein is VOID if not completed in 90 days unless the time is extended by this Authority. (Make such request in writing.) There may be no deviation from the items Approved herein without written permission of this Authority. TIDE FOLLOWING CERTIFICATION MUST BE SIGNED AND DATED BY INDIVIDUAL APPLICANT AND EACH MEMBER OIL PARTNERSHIP I ire undersigned, each fix himself, certifies that hC is the apphetmt above natter/; that he knows the contents of the above a. t146on and the .staicmcufs contained therein and the snr5ic arc k ic ol�his own knmvie( fe_ 'I'hc nndcssigneii also c;;itilies thait they will iricC€ all local code, rcyrri�e�s .rFts oi'tlic; an treir rahiy ill Avio i tar pmuisc.s is located Find cbtam I any necessary peranils requited or him in order to perlbou the alteration vvifhin the boondarics of tlic law. DATfsf> .... - - - -- (Si nature of a tlicant or of each tartuer) TIIIS CERTIFICATION TO BE SIGNED AND DATED 13Y A CORPORA'I10N certifies that he is ___ -- of the above named applicant corporations than he knows the contents of the above applicatiort and the statements and answers therein; that the saane are true of his knowledge, that he has been authorized, by order of the Board of Directors of said applicant corporation to make the statements and answers in this application in behalfof said applicant corporation with the same three and effect as if said corporation made such stalements and answers itself, The undersigned also certifies that they will nreel all local code rcquirements of the nnuiicipahty in which the premises is located and obtain any necessary permits required of Mina irr outer to per£orin the alteration within the boundaries of the law DATl D Zones County: ENTRY RECORD (To be made. by State Liquor Authority) Serial: Audited By of aulhorix office Class: Deposit C3afe: ._. Slip No: ACTION BY LIQUOR AUTHORITY : APPROVED DISAPPROVED -- BY_� -_._. DATFI,: — I .r3 -28 (05/00) a 00024 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. l Jan 20, 2009 41 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE January 14, 2009 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) C: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on January 14, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary Absent: John D. Kennedy, Sr., Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary DEPARTMENT HEAD NAME DAVID P. COMERFORD TITLE: GENERAL MANA ER 0 SIGNATURE OF DEPARTMENT HEAD: 000`15 ` No. Notices of Appointments - Council Interns I transmit herewith. appointments to the position of Council Intern. Mn Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. Jan 20, 2009 #4 (Rev 7 -07) Certificate of Appointment .r In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 12119/2008 Common Council City Clerk Intern IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) U AS 14EO Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 11.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Sean Mikula DATE ADDRESS 436 Potomac Ave CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX -6868 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSW. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10220001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 4933 SALARY RANGE OF POSITION $11.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 01114 09 SIGNATURE OF APPOINTING AUTHORITY: f ORIGINAL +2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES 000`6 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Jan 20, 2009 E 113 (Rev 1 -02) Certificate of Appointment ` In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective:0 7 in the Department of Public Works Division of Streets to the Position of Laborer it ` Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT f Enter Starting Salary) : Starting Salary of LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Larthonia Redden DATE ADDRESS 60 Lemon Street CITY & ZIP Buffalo, NY 14204 LAST 4 D OF S SN. XXX -XX -8895 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L 4 DI OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2008 -009 SALARY RANGE OF POSITION 11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING Steven J. Stepniak issioner OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Jan 20, 2009 #3 (Rev 1 -02) C, Certificate t nt !' In compliance with provisions of Section 24.2 of the Charier and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointmsnt(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the — __ A ppointment Effective: November 24, 2008 in the Department of Economic Development, Permit and inspection Services Division of Plan Review to the Position of Typist Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) MINIMUM fEnter Starting Salary) : Starting Salary of $28,755 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Alan D. Brown DATE ADDRESS 105 Custer St CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -0479 L,A ; i.. JOB i I i Liz LAST DEPARTMENT LAST SALARY ivAMi= DATE. ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1855100/ TITLE CODE NO 0200 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2008 -72 SALARY RANGE OF POSITION $28,755 - $31,692 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford Jr TITLE OF APPOINTING. AUTHORITY: Deputy Commissio DATE: Novem 21, 2008 _ SIGNATURE OF APPOINTING AUTHORITY: : ` — _ — ORiGiNAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOIN'TM( ;NT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #10- EMPLOYEE(S) C� #3 (Rev 1 -02) Certificate of Appointment in compiiance wari provisions ai ecrion 141-1 t,t the (:Harter and C;itap €er s6 -1 of the Circiinances of inc of isairato, 'i tran�nw tins camicat €on of appomtmcnt(g) ew promotion(s). . £urtho comity that the po.son(s) ttaj;;eL in SchcdmIO "A" I3avc 3cEn ce €tilied or apprcwed bV the I UM,1.1l 5e. ,:r: far the Appointment Effective: December 22, 2008 in the Department of Economic Development, Pertlait and inspection Services Division of Demolitions to Ilse Position of Sr. Typist Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM iI:nte.r Starting Salary) : Starting Salary of $30,270 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Nathan C. N ei m an DATE ADDRESS 68 Shoreham Pkwy CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -7838 LAS I it) L-5 I..i - f LE LAST DEPARTMENT LAST SALARY NAiv L DATE ADDRESS CITY & 71P LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BU DGET ORG. CODE 16550001 TITLE CODE NO 0220 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2007 - SALARY RANGE OF POSITION $30,270 - $33,540 PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM' NAME OF APPOINTING AUTHORITY: James Com Jr TITLE OF APPOINTING. AUTHORITY. Deputy Commissioner DATE: December 22, 2008 SIGNATURE OF APPOINTING AUTHORITY: __ ORIGIN) OI NTMF111T DATE) OTHER COP TO: #5-CO #6- HU SER SERVIC #7- . B UDGET #8- DEPARTMENT_ #9- DIVISION. #10- EM PLOYEE( S) 93 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffato, I transmit this certification of appoinfmcnt(s) or prornotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Roources /Civil Service for the Appointment Effective: IG in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) TEMPORARY APPOINTMENT MINIMUM Enter Starting Salary) . Starting Salary of $31,296 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Michael Bruno DATE ADDRESS 11 Abbottsford Place CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN, X XX -XX -5420 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA ST 4 D IG I TS OF SS XXX - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG_ CODE 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2008 - SALARY RANGE OF POSITION $31,295- $34,539 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY Steven J. Ste niak Commissioner DATE: 2 9J08 �_ SIGNATURE OF APPOINTING AUTHORITY: _i ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE1 OTHER COPIES TO: #5- COMPTROLLER 96- HUMAN SERVICES/CIVIL SERVICE #7- BU DGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment I" In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Account Clerk - Typist Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of LAST JOB TITLE Laborer II Seasonal NAME Vincent Lopez LAST DEPARTMENT DPW DATE 12/08 ADDRESS 108 Carmel Rd. LAST SALARY $11.11 hr CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN, X XX - -6494 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAM DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SS XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15020001 TITLE CODE. NO 0401 BUDGET ACCT. OBJ. 411001 PROJ_ ID PERSONNEL REQ. NO 2008 -82 SALARY RANGE OF POSITION r; PER YEAR DAY HOUR YEAR 33 ji REASON FOR APPT. ABOVE THE MINIMUM: 1 NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) Steven J. Ste niak Commissioner #3 (Rev 1-02) Certificate of Appointment � 134 col p1611cc with provisions o1 Sccfion 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of But1aIo. t transmit this certification of appointmenI(s) or promotion(s). I further Certify that the permn(s) named in Schedule "A" have been certified or approved by the human Rcsozirces /Civic Service for the Appointment F fective: in the Depal of Division of to the Position or January 2, 2009 ASSESSMENT AND TAXATION Assessor Permanent, Provisional, Tempofary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEP (Enter Starting Salary) : Starting Salary of. $45,207 LAST JOB TITLE Real Property Appraiser (Temporary) NAME Jeremy D. Martz LAST DEPARTMENT Asmnt & Taxation DATE 11/7/07 ADDRESS 95 Kimberly Avenue LAST SALARY $42,218 CITY & ZIP Buffalo NY 14220 LAST 4 DIGITS OF SS N. XXX --XX - 6882 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGIT OF SSN. XXX - X X - 6882 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0650 BUDGET ACCT. OBJ 411001 PROJ. ID PERSONNEL REQ. NO 2008 -91 SALARY RANGE OF POSITION $45,207 - $52,138 PER YEAR DAY HOUR YEAR REASON FOR APPT ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Mart F. Ken ned TITLE OF APPOINTING. AUTHORITY: Co mmiss ione r DATE December 30, 200-8 SIGNATURE OF APPOINTING AUTHORITY: A ORIGINA + 3 COPIES T CITY CL.ERK _ API''O DA TE) OT COPIES TO; #5- C OMPTRO LLER #6- HUMAN SE RV,ICFS / CIVIL SFRV(CE #7- BUDGET 48- . _D EPAR TMENT_ #9-D IVISION #10 TMPLOYEM) S I I NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS .Tan 20, 2009 THE L LUAL A IIJ BUKEAU OF BUFFALO, INC. DAVID C. SCHOPP Executive Attoney CIVIL LEGAI. SERVICES UNIT LISA R. GRAI?AXLNIC: Senior SWT Attorney Staff Attorneys fI� fns, I A J / ,A SCieRatee . PA L _ �,� MICr €nst.J. I''AC'I €ICo NADINE F. PA 1 - 1 ERSON PA 0 711z,)l ,dc-_ -rI 1// r� ''f ' I r January 8, 2009 Gerald Chwailnski, City Clerk City Hall, 13 Floor 65 Niagara Square Buffalo, NY 14202 Attn: Hon. Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for December 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any questions. Very truly yours, f f Dorothy Adaiis Investigator Housing Unit Enclosures EGEIVE D AND FIL 237 Main Street - Ctdte 1602 Buffalo, New York 19203 -2778 0 0 0 28 Phone 716 - 853 -9555 Fax 716 - 853 -3219 �' AUndN WxyA�wy 4i THE LEGAL AID BUREAU�� OF BUFFALO, INC. HOUSING COMPONENT of the CIVIL LEGAL SERVICES UNIT MONTHLY REPORT FOR DECEMBER 2008 Cases on Hand on December 1, 2008 264 New Cases Received 34 Closed Cases Reopened 0 298 Cases Closed 24 Cases on Hand on December 31, 2008 274 Court Appearances: 95 Sherree Meadows, Esq. 59 David Chadwick, Esq. 20 Lisa Gradascevic, Esq. 12 Nadine Patterson, Esq. 4 Total Cases Received Since January 1, 2008 726 Total Cases Closed Since January 1, 2008 703 z ao - . DAVID C. SCHOPP EXECUTIVE ATTORNEY The Legal Aid Bureau of Buffalo, Inc. Housing Component of the Civil Legal Services Unit December 2008 Report Page 2 SOURCE OF CASES Former Client 5 Ref. By Former Client 0 Lawyer 0 Agencies 0 Publicity 0 City 26 County 0 State 0 Federal 0 Other 3 34 CLASSIFICATION OF CASES Contracts Evictions (Property Condition At Issue) 4 Evictions (Property Condition Not At Issue) 18 Evictions (Discrimination) 0 Foreclosures (Tax, Sewer Rent, User Fee, Water) I Lock -Outs 0 Ordinance Violations l I Repairs 0 Security Deposit 0 Water Shut -Offs 0 Miscellaneous 0 34 SOURCE OF INCOME Employed g Welfare 5 Unemployment Insurance 3 Social Security /Pension 5 Disability 7 Other 4 Unknown 2 34 The Legal Aid Bureau of Buffalo, Inc. r ' Housing Component of the Civil Legal Services Unit December 2008 Report Page 3 I. INVES'T'IGATED & CLOSED AT INITIAL INTERVIEW a. Financially Ineligible I b. Referred Elsewhere 0 C. Advice Only 4 d. Conflict 0 S II. DISPOSE OF WITI-IOUT LITIGATION AFTER INITIAL INTERVIEW a. Investigated & Advised 0 b. Settled 0 C. Other 0 0 II1. EVICTION Lf 'IGA' ION a. Successfully Concluded for Landlord 0 b. Unsuccessfully Concluded for Landlord 0 C, Successfully Concluded for Tenant I I d. Unsuccessfully Concluded for Tenant 4 C. Problem Resolved 0 f: Other 0 15 IV. ORDINANCE VIOLATION LITIGATION a. Successfully Concluded 4 b. Unsuccessfully Concluded 0 c. Other 0 4 V. FORECLOSURE LITIGATION (Taxes, Sewer Rent, User Fec, Water) a. Successfully Concluded 0 b. Unsuccessfully Concluded 0 0 The Lesral Airy Bm-cal, of Buffalo, Inc. ) Housing Component of the Civil Legal Services Unit December 2008 Report Page 4 VI, OTHER LITIGATION a. Successfully Concluded Emergency Motions 0 b. Unsuccessfully Concluded Emergency Motions 0 C. Other — Successfully Concluded 0 d. Other -- Unsuccessfully Concluded [? 0 VII. TERMINATED BY CLIENT a. Lapsed 0 b. Withdrawn - Problem Resolved 0 C. Withdrawn - Other 0 0 24 MONTHLY ACTIVITY REPORT CDBG YEAR 34 THE LEGAL AID BUREAU OF BUFFALO, INC. DECEMBER 2008 SUMMARY OBJECTIVE To provide services to a total of 205 unduplicated program participants by the end of the contract period. NUMBER OF UNDUPLICATED PERSONS SERVED THIS MONTH: 34 {exclude persons served during the previous months of this CDBG year) 4601 UNIT OF SERVICE OBJECTIVES To provide Client Interviews /Advice for Homeowners, Landlords, Tenants serving an average of 1 participant per session, and offering at least 15.5 sessions per month for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: (attendance this month) 36 4602 To Provide Court Appearances for Homeowners, Landlords & Tenants serving an average of 1 participant per session, and offering at least 50 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 95 (attendance this month) 4603 UNIT OF SERVICE OBJECTIVES To provide Settlement Negotiation for Homeowners Landlords Tenants serving an average of 1 participant per session, and offering at least 4 sessions per month for 1.0 month during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: (attendance this month) 11 4604 To provide Investigations of Housing Conditions of Homeowners Landlords, Tenants, (target group) serving an average of 1 participant per session, and offering at 4 sessions per month, for 10 months during the contract year. UNITS OF SERVICE. DELIVERED THIS MONTH: 32 4605 To provide Advice over the Telephone for Homeowners Landlords Tenants, (target group) serving an average of 1 participant per session, and offering at least 150 sessions per month, for 10 months during the contract year. UNITS OF SERVICE DELIVERED THIS MONTH: 167" 4606 To provide Presentations for Homeowners. Landlords, Tenants (target group) serving an average of 25 participants per session and offering at least 2 sessions during the contract year. 1 . !� 1 > I UNITS OF SERVICE DELIVERED THIS MONTH: 0 00029 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna E,strieh Gerald E Kelly William I_.. Sunderlin City Of Buffalo Commissioner of Public Works, Parka c& Streets Steven Stepniak LEI 1� Uk, E R-tCAN W 00030 Councilmember Fontana t k From: linda hprbert (,her27@yahoo.corn] Sent: Monday, Jan €.tary CO, 2009 12:58 PM To: Counciimerker Fontana l ) 1P,E Lyq J &r kA Subject: change A � Mr. 1' ontaria I world like to find out some information on the civil service exam that my 2 sans took for the fire dept. I understand that both. boys were given IOpts because their fathcr died in the line of duty. Both boys did good on the exam and Patrick will be going on the first class. His brother Donald should follow if the city pats on a 2nd or 3 class off that list. My question is If children or fallen fire or police officers pass the exam and the physical I believe out of respect of the fallen parent the child should be appointed. It is very difficult to imagine after experiencing such a loss that a child would want to follow in their fathers line of work. 1 would like to bring this idea to the city of buffalo and. see if this change can be made. Thank you. Linda Herbert 523 -3230 REFER FEDTO � t y z C sERVICE. 1/5 /2009 00031. 0) el 1V THE ERIE CANAL DRAMA THEATRE St. Joseph Cathedral 50 Franklin St. Buffalo, N.Y. 14202 544 -3315 E Mail- hhack (1) l oo.con - 1 Jan. 15, 2008 David Franczyk President Buffalo Common Council City Fall Buffalo, N.Y. 14202 Dear President Franczyk: We sent you a letter regarding our proposal to create a Floating Theatre to produce our outdoor drama on the historical beginning of the Erie Canal called ' nton'4 Ditch: the Vory of'the Building of the Erie Canal which we would like to see produced in the summer of 2010, We now have many letters and phone calls from mayors of many towns, communities and ports along; the canal who want to be partners with us in developing the Floating Theatre which will tour Buffalo and these ports if we are successful in developing this project. We would like for you to arrange a meeting at your office with the Erie Canal Harbor Project Management to discuss and consider the following: 1. Being a partner with the Erie Canal Drama Theatre in developing its floating theatre production of Clinton' Ditch: the Story of the .Building of the .Eric (-'a 1810-1825) which when completed will tour Buffalo and towns and communities along the canal for theatrical performances of this historical story. 2. Provide clocking space for the floating theatre near the Commercial Slip and provide space for the performance of the play. 3. Provide a boat or barge to use as a Floating Theatre,. or assistance, if possible_ 4.Provide some assistance in funding the Floating Theatre. � 1 � - 5. Provide the following which will also help tourism in the Buffalo area. A. A statue of Gov. DeWitt Clinton and other political leaders who were instrumental in bringing about this historical monument. B. A statue or statues of the "ditch diggers" who slug the canal for 8 years through the entire state of New York. This flay tells the story of both Gov. Clinton and these "ditch diggers ". And this is important to the American Labor Movement_ C. A replica of the Seneca Chief, the boat which was used by Governer Clinton to open the Canal in 1825. And discussion of other related matters. If you can arrange this meeting we will greatly appreciate it. Sincerely, Hugh Pratt & Anne Paris Originators & Writers 716 °844 °3315 E Mail: hhackettpratt(c7r REFERRED .1., T ll', -* ` : II I_. COMMITTEL ON WATERFRON DEVELOPMENT VVVO p r 1 n c i p a I s — thotnas r. mo scat 1, ala Matthew p, moscatl, a1a vice president — I a r r y p. b e c k, aIa a s s o c i a t e — robert a, doIIinan, aia .January 9, 2009 Gerald A. Chwalinski City Clerk 65 Niagara Square Room 1.308 City Hall Buffalo, New York 14202 Re: Hope House of Buffalo 335 Grider St. Buffalo, New York 14215 Dear Gerald, Hr On January 7, 2009 our office f led for applications for Building Permit, Planning Board, Zoning Board of Appeals and Common Council review and approval for renovations & alterations to llope House at 335 Grider St., Buffalo, NY. We have confirmed with the Owner /Operator and request that amendments be made to the applications and notices filed as follows: 1. NOTICE OF APPEAL: A. AMEND -- Under Section 511 -94 of the City of Buffalo Zoning Code We request increase of the occu ants of a halfway house from 9 to 19 persons. 2. Restricted Use Permit — Human Services Facilities Permit Application Checklist: A. AMEND — The approximate number of clients assisted daily = to 9 currently and 19 anticipated. B. AMEND — The agency operates the following programs, and /or offers shelter or housing, at the site for: OMIT - residential Treatment Facility established for penal or correctional purposes or similar facilities. ADD - Emergency, Temporary or Short Term Shelter — up to six -month residency. �r 4 4 8 d e I a w a r e a v e n u e b u f f a l o , new Y o r k 1 4 2 0 2- 1 5 1 5 7 1 6. 8 8 3. 3 5 1 6 t e l e p h o n e t r m a r c h i t e c t, c o m t a x 7 1 6. 8 8 3. 4 7 4 0 - f RM Architecture, Design and Planning, P.C. HHAP, 335 Grider St., Buffalo, NY Pag& 2 C. AMEND — Housing is provided on site — Number of residents assisted daily = 9 currently and 19 anticipated. D. AMEND — Agency is publicly funded — ADD — County Thank you for your time and consideration in this matter. If you have any questions please do not hesitate to call me. Sincerely, TRM Architecture, Design & Manning, PC K � w 'd- Z- _. Robert A. Dollman, AIA Associate Cc: Mr. David Krug, Division. of Permits Mr. William Grillo, Office of Strategic Planning Mr. Tom Schwalinski, Office of Strategic Planning Mr. Matthew P. Moscati, AIA Mr. Frank Guido, IlIJAP Mr. Tom Miller, DASNY REFERRED TO THE ITT ON LEGISLATION, 000;33 >r MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5164 0 FAX: (716) 851 -4294 E -mail: mkearni; @city- btiffalo.com MEMORANDUM TO: Gerald Chwalinski FROM: Councilmembcr Kearns CHAIRMAN FINANCE WATERFRONT DEVEI.oPME.NT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MAKTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER DATE: January 14, 2009 RE: Letter from Gerald Olejniczak)rt NFTA Small Boat I larbor I would like to file the attached information for the next Common Council meeting to be held on January 20, 2009. Thank you. "For the People' I') 01/14/200IJ 12:21 8280550 11:2? 7 16851424 PENRUD5 S T PAGE 01 PA GE 01 �J Januat 14, 2009 Councilmember Michael P. Kearns 1 401 City Mall BUWo, NY 14202 Dear Couucihuembcr lie=s, 1 am vwitin& for your assistance in a matter involving the NFTA Small Boat I arbor, Every year the NFTA lacks the gates to the parking lots by the end of November, 'fin's acs problems for the fishermen who ice fish at the harbor. The only lot that is z Pt ►n is near the harbor rdatatuant ( Dug's Dive) which makes for a long walk for the f1sl; eraxaen that fish at the end of the harbor. Also, the lot fills up rather quickly and Can b -corne somowhat of a danger to the people trying to nav igut o through the vehicles and eler icnts. What we would like is for the NFTA to keep opera the gates to the lots labeled A and B Can fhP z min t3 dimagr&n; .' hi s "- -u -!LI nv to � l Ma ffro �, the cast side of the l tor. Any assistance that the Councii can provide would be greatly appre6ated. ThvA �vv in advance for your time and eonsidemtion. Please contact me if furtber informs iuri is r dw. Sincerely, 3eny Okcjnicxak Pewed's Bait and Tackle 1.560Sowh Park Avc ����` � ��� _iiTT lrt 1.o, NY 14220 =- 716. 823.0550 ON WA TERI - W T V x ` CC: Niagara Frontier Transportation Authority I X l l FurJunami Blvd Buffalo, NY 14203..3133 7 OL f r e 6SSJ•�Z8 67dri .�.lr'olrr3 a`V 'd�m'og 4?3t i 77µ 00 4 MICHAEL J. LOCI RTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202 -3315 PHONE: (716) 851-51 55 ,� rAx: (716) 1151 - +1553 E -mail: inlocurto@city- txaffalo.com LEGISLATIVE. ASSISTA PAUL AIAGNA BRADLLY K. HAMM January 15, 2009 Gerald Chwalinski, City Clerk 1.302 City Hall Buffalo, New York 19202 y Re: 2009 Tax Re- Assessment for City of Buffalo Dear Mr. Chwalinski: CH AIR CCBMMUh,wry DEVELOPMENT COMMITI F LFUSLATION FINANCE BUI)f ij BOARDS BURR Please file the attached item for further discussion at the next Common Council session to be held January 20, 2009. Thank you in advance for your assistance in this matter. Sincerely, '4 -,Y. - / , I ' MICHAEL J. LOCURTQ Delaware District Councilmember 4 - f)- Working for Today - Planiiing for Tomorrow P f i E4 r 2009 Tax Rc.- Assossrngng f r Ci t - ij of Ruf=ala J 11/1998 Purchased house for $97,000 r Tax assessment at purchase $1 54,000, so we paid taxes on that figure 12/1998 Filed complaint 311999 Tax assessment reduced to $125,000, but not reduced to purchase price of house 11/1999 Small Claims Court outcome — excessive assessment - assessment reduced to $110,000 6/2000 We paid City Property Taxes based on 1999 outcome, of $110,000 7/2000 City -wide re- assessment of $125,000 1212000 Assessment reduced to $110,000 12/2002 City Re- assessment $135,600 1/2003 Filed complaint 2/2003 Attended hearing 3/2003 March re- assessment for $129,000 4/2003 Filed complaint in Small Claims Court 5/2003 Tax Assessor Hearing Officer (George Faust — 856 -5608) came over to inspect property 5/8103 Hearing Officer agreed that our house was not worth $129,000 so he lowered it to $124,000 6/2003 Sinall Claims Court outcome — excessive assessment assessment reduced to $124,000 12/2004 City Re- Assessmcrit for $175,000 (increase of$51,000) 12/2004 Filed paperwork to request assessment reduction to $140,000 3/2005 March re- assessment reduced to $165,000 3/2005 Filed complaint in Small Claims Court 412005 Tax Assessment Officer --- Brian Sullivan- canic to review property 4/2005 ,Small Claims Court upheld the $165,000 assessment 12/2006 City Re- Assessment for $240,000 (increase of $75,000) 1212006 Filed paperwork to request assessment reduction to $215,000 3/2007 March filial re- assessment for $220,000 12/2007 Received notice from City that assessment would remain at $220,000 12/2008 City Re- assessment for $290,000 (increase of $70,000) PSI FINANCE. 01/06/2009 13:21 OLMSTED CONY NO.666 POI 00t3�, DUFFAr a OLMSTED PARKS CONSERVANCY For immedint'e release: 'Tuesday, For more infornutd.on: Katie Rat It OLMSTED P y6, 2009 rmwerihtl park, to po•ph marketing & development coordinator, (716) 838-1249 ext 30 CONSERVANCY PARTNERS WffH BUFFALO INNER CITY YOUTH GOLF Collaboration will p�omote golf educafiana l opportunities for the city's youth The Buffalo Olmsted larks Consdrvancy and the Buffalo Inner City Youth Fan Club for Golfing, Inc. have joined in a parrtnersWp to furtlsar the goal to provide golf education and life dolls opportunities to underserved minority children in the city of Buffalo. Major (retired) Henry S. Williams Jr. organized the Buffalo Ironer City Youth Fan Clut for Golfing, Inc. in 1993. Since its inception, this year- around golf program has had national recognition and si IPport from United Sues Golf Association and PGA of America. The program provides mentors to itudents ages 6 to 18, to teach them about golf and give there opportunities to practice and play on an indoo course during the winter and outdoor courses in the warmer weather. Participants are also taught life ski. lessons. The partnership was farmed i an effort to expand the Conservancy's programming that serves disadvantaged youai, as called for in their strategic plan. The golf program has deep roots in the community and utilizes the game of golf to touch children's lives, teaching them golf skills that translate into leavens in discipline and respect, as well as science and math. This well - established program will serve approximately 100 inner city youth per year_ f The Conservancy will provide logistical, administrative, financial and marketing support for the program, and the use of the 18 -hole DelayA are Park Meadows golf course and the Paarkside. Lodge for classes, The partnership will also help expose historic Olmsted spaces to 13uffalo's youth. "We are pleased to be teaching yo g people about the wonderful sport of golf. Major Williarxl$, his volunteer board of directors and the mentoi s and instructors involved in the program are dedicated to helfxing these young people," said Thomas Herr a- Mshler, President and CF-C), Buffalo Olmsted Parrs Conservancy - The Buffalo huier City Youth Fan lamb for Golfing, Item, is a not - for - profit organization consisting of individual volunteers, with collaboration orn area churches, commurtitya- -based organizations, colleges and the professional golfing community. program encourages, supports and prepares youth from the inner city to pursue the sport of golf and other thletic, academic, technical and golfing industry careers. The Buffalo Olmsted Parks Cor servancy its a not -fear- profit, independent, community organization that promotes, preserves, restures, enb mces, and ensures maintenance of Frederick Law Olmsted- designed parks and parkways in the Greater Buff ,area now and for ,future generations. The Conservancy recently released its Plan far the 21st Century, a blueprin for the management and restora on. of the entire parr system. Listed on the National Register of HisWc Place , the Olmsted system in Buffalo is the first of its kind in the nation designed by America's greatest landscape ar 'tei tL To register your child (age 6 to 18) the free program, please contact Henry Williams at (716) 891 -8533. More information: www.buffaloiftt iercityyouthgalf.org or www.buffdoolmstedparks.org ### I'arksic #v Lcxlgc• € 4 P.)rksidr Aveiiuc 151iffilo, N 142 140E I M _ a g 7afi} ,1 i- 13tlfa �iwic .lint7,�lnnliii�tcd�arks.ni} r) F I t . PETITIONS Jai) 20, 2009 00030 M. Moscati, Agent, Use 335 Grider to Enlarge a HSF (MASTEN)(hrg 1/27/09) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD j GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics O FFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: Z'2 / AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am. not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed Agent or Owner) i Print Name Pho # 1C Date 01-W AOq ATTENTION: PLEASE ALSO CONTACT SILL GRILLO PRINCIPAL PLANNER 851 -5086 FOR PLANNING BOARD MEETING. No Addresses are linked to this Application _ upk6d Parcels 0907000003032100 ma _ R_Llnlceri No Parcels are link to t hi s Appli App �oan City of Buffalo 6�Niagara Square Buffalo, NY 14202 (716)851 -4349 Fax (716)851 -5472 Report Date 01/07/2009 12:42 PM l Submit By JAM C ARR GC Building Application Page 2 Primary N Effective 441838 Name FRANK GUIDO Day Phone (716) - x Pager Fax E -Mail Address 335 GRIDER BUFFALO, NY 14215 USA Comments No Comments Primary N Effective Name THOMAS MOSCATI Day Phone (716)883 -3516 x Pager Fax (716)883 -4740 E -gait Address 448 DELAWARE AVE BUFFALO, NY 14202 USA Comments No Comments Capacity OWNER Contact ID AC42876 Q Foreign Expire Eve Phone Organization HOPE OF BUFFALO, INC PIN # Position Mobile Profession Capacity APPL Contact fD AC120286 C] Foreign Expire Eve Phone Organization TRM ARCHITECTS PIN # Position Mobile Profession i ioen # Type 'ContaiaflD Name No Company /Contractor Licenses APPLICATION FEE U GC PLAN REVIEW - INSTITUTIONAL U GC PINT, INSP, C OF O FEE - INSTITUTIONAL U GC PMT,INSP,C OF O - INITIAL FEE U Total Unpaid 838.00 Total Paid 50.00 294.00 294.00 200,00 0.00 441837 ASB 0 N 441838 CC APP 0 N City ct Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716 )B51 -5472 -- L Report Tate 01/07/2009 12:42 PM - - -- Submitted By JAM CARR Page 3 Revlew Activities Act :# ActT Status Waived.. Issued Started Completed Comp By pmments - - - - -- - 441839 ELECTRICAL 0 N 441840 FPLAN 0 N 441841 HPLAN 0 N 441B42 NEWWATR 0 N 441843 PLAN REV 0 N 441845 PPLAN i 0 N I 441844 ZONVARI 0 N No Conditions No Employee Entries 1 No Log Entries ............ EXIST, CONC. WALK *- -EXISTING PAVED ..... ............ ........... PARKING AREA .......... HOUSE ..... .......... """'"' 335 G , BUFFALO, NY. ........... .......... ...... EXIST. COVERED DN .......... WALKWAY ....... ................ ............. .. ................. CONC. WALK EXIST. CONC. L WALK EXISTING SIDEWALK GRIDER STREET ITE LAYOUT PLAN SCALE: P=20' NORTH Restricted Use Permit - Human Service Facilities Permit Annlirutinn Checklist Agency Name �8 Site Address - Agency Address - Contact Person -�'� Cap; Agency Phone No. - �> According to Common Council legislation effective July 10, 1995 (Article XXVII, Restricted Use Permits), certain human service facilities must obtain a Restricted Use Permit and Common Council approval. The restricted use permit requirements of this article also apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of the legislation. In order to determine the applicability of this legislation to your facility, please complete the following checklist -- ❑ The agency operates a public or private facility established to provide human services or assistance of a charitable, religious, cultural or social nature. Approximate number of clients assisted daily = `A ❑ The agency operates the following programs, and/or offers shelter or housing, as noted below, at the site - ❑ Food Pantry ❑ Soup Kitchen ❑ Substance Abuse Community or Residential Treatment Facility ❑ Walk -in or Drop -in Center ❑ Counseling Center n Detention Center ❑ ]Emergency, Temporary or Short Term Shelter - up to six month residency Residential Treatment Facility established for penal or correctional purposes or similar facilities ❑ Transitional Housing - up to twenty -fbur month residency ❑ Other Services Provided - ❑ Housing is provided on site -- Number of residents assisted daily = — -- Type of Residence - Barracks / Dormitory style Group I acne / Large I OLISe ❑ Apartments ❑ Single Room Occupancy Units )4 ❑ Agency is publicly funded -- ❑ City ❑ County X State ❑ Federal City of Buffalo -- Division of Permits -- Room 301 City Hall -- Buffalo, New York, 14202 -- 851 -4961 says E 0"Ifty ww*w ONMENTAL ASSESSMENT FORM SHORT ENV�R Fp.r !�URSTE© ACTKM .' W61 "d DO If ! .PROJECT MFO[t IA o b� com L 1. M"JCAWMPOMM 3. pm= LOOATIw: 3.3 5 j f 6. pFW06W AGIM IS: on ❑ New r � 7r- o I 6, �CRBE PROJECT 4 RIEFLY: C f T T. AMOUNT OF F �n eons. ter. um AESrn�C'� i. VjU PIEOP'0M ACT10M .CO1YIPLY wrtH ExIBTwa oa orrHEN El 9. WHAT0P� UM �!V OF � �� ❑ �� a�w IL OMIAC'TON WW LVEA AP'�� OR 40, gi p, NOW oM ULTI yMy FROM ANY amp �u /lam STATE L0CAU♦ name and p �' {� Q 11MIN Mgt rq . GPRW ALT W 1!. DMI AMMMOFTWAGTMHA r�*1 � '• - � N° lflfw. M 4� ��r aid p!�n�Pp1°� . T CF ��'�N ML � IL AS A RESW- Yer w° AMM 1B TRM'TOTf1E BED OF 1AY KN� I ow ;THAT, ft �V�n# om - r ...aW V%0# FLA rAjoe ) MIY TYPE I TIJIWgMW IN @ tMYCRR. FVW ptT.4t N faa, �M On ff Asw proaas vd uiw #w FULL W. n Y.. n No R ' W ftACMW RWEft COOMW7ED WW WAS PRWMI) FOR W LWWACTKM N A NyCRR, PARTtit7.4? d rardaff m frs awwm fro by wtdurpardrad spar. H Ift a negetfw C. CO"ACWN WA&T KN AWY ADMW EFFECM AfflfflOMIM WTH TI# FOLLWN0: (Amwaaa ray be haaadwft Wn, If b04rfe) C '' t ' * qwr, of wk= Or Ww*Ndsr4uAV *r , hobo NYaK WINs p lisM, wN w de producilm or dhpo ul, P U fru fin, dmhW or ffa ft p*bb =j Ern f�ftwf>r; Cl. Aafatlff�o, �, �� hl�torho, or ofh�r rp�xd oroy�fral rfoowae� a>roofrarf�y orrfiood d� Iapdafn bra: Mvkvitom i orfalifi�i�. �fi, orwll ie ipf�oCro; t� 1f<bibb�f, orNrr erii "or' enrd Eli 6rlib: C4. A aon wo** pbm or gwb n wbpheR a r a dwnpa fn wa or hW* d fwa of bW orOwrnduW r+ mm? baby: C6, C mww, ant fYr n m "Wift ftly to be kwtmd by taw Cud ESM? ftWn bfet: Cs. Loryt t�fn, staarrt Harm, ciunutrf, a aaMwr a IdarrtHffad fn Ci-C64 6goiNn fufaAy C>; Odwrkpaad&NhA p hweofwwgwrftar "ge!w t bflNly: D V&L lt* PfifOJ = HAVE AN IMP= Q4 TW EtMtlI NTAl. THAT CAUSED Tt EBTA�' ®>: A CRITICAL NII WALAF" fWA)7 ® Ya" D No IfYfrs.. amplain L. 18 THEE, OR fB M* RE MMY TO tt1E. C=ROVWgY RELATED TO PO7Mff L 1fE) IMN E,WRONW -WAL I(PACTf44 ®Y.. 0 N of Yia, awkm taft: ff�Af�`ffff • TIM O ar -0:1110:101m 'Rb b '� byAgil . i0pr?1w1►G7i For ow*.adva"" rtlric kbnM,d abcnort, ddbndrrarrtwtlrarftbm&"M. kr^ kwwM ftoronrsrwt" *Wffftft off" mow be assamw in mUNNOn *0 lb. softe Q-0, udw ar (b) p vbab qr of ; (a) df n; (d) laftwOW, (a) Omwmft awe. surd m mmgn&xim ff rrsoaraxryr, am � fs w NW= N*Partfnp matarfala. ft an that &gderusw auffldaf�tdstfap b show thatrrll nfds nt WA --- fry hsw bean Wenftd and wk*"fdy addnmsad. N q un&m Dofftdllvmchmdmd ywa,ftdalartadne&mofApM ematarr lealathvpoflrr afirnPrratoffffatra�rpafiad . dwokffh laoraRYouhawlaffar- a000 6 - m" INgswillpnrnta rfa aYtapaatsw lafuhfNllYaoour.'IlNnp+raalpl�n lbb e • EAF nndlbr prnprtn � podttya �; - ® tdwokdatahoma��pul�ddlaaaytatrrad. bfwador�Ihotafa�oas�fobowaAdanrwa +pportlr�doanrwaar,��e�poMdaa N4T fait lrr � �rfMorrt �eoa"e � !�! an apadaafenCa as nrafa"attr. tha � � tt�f 7- 771 A G3 I1 wt uvvr-p 9 REV. R. KERR, AGENT, USE 1230 GENESEE, ADD USE OF HSF (MASTEN )(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 7a f3 n. I JAM NAME OF AGENT/OWNER ADDF 0,( ' PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE, REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD, MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT APPLICATION MUST BE COMPLETED IN FULL Business Name_ ILI Business Address (No., Street) ,11, / Date -- Business Phone 71�(< -31 (City, Town or Village) (zip) Buffalo. New. York Human Service Facility Business Standing: Street) Private Entity 'Pl. 1111 IZZ21 - / e- , V Applicant Phone # Applicant Name Applicant Address (No., Street) (City, Town or Wage) (state) (zip) Applicant's Business Position: Owner i/ Partner Corporate Officer Other Business. Operational Information Type of Facility: Food Pantry Soup Kitchen Walk-In Center Drop-In Center Counseling Center Detention Center. Temporary or Short-Term Shelter Transient Housing_ Substance - Abuse Community or Residential Treatment Facility- 0 Residential Treatment Facility (Correctional Purposes) Other Z�,, x; 1�e Detailed description . of the Proposed Use 5 Public Entity —z— Page 1 of 2 1. Facilfty Days'Mrs of n- poration - Number of Individuals Serviced Activities/Programs at Facility ( Business Operation Information MY) Number of Residents to be Housed (if applicable) ,ription) /o Degree of Supervision at Facility --Liz —/, Applicant i afore Subscribed and sworn to before me this day of —,20 'Commissioner q . tDeeds In and for t) e-- GYty of �ew Y�OrA7- --.- Page 2 of 2 Demonstration Of Need (Why Services are needed/Why this Location slid � el C Other Pertinent Information - V ----------- Applicant i afore Subscribed and sworn to before me this day of —,20 'Commissioner q . tDeeds In and for t) e-- GYty of �ew Y�OrA7- --.- Page 2 of 2 Demonstration Of Need (Why Services are needed/Why this Location slid � el C Date I Time Processed 011021200913:39 Issued Final Asso0ated nfolmatioil__ - - — -- Type of Work Dept of Commerce Priority Square Footage 0 -00 # Plans 0 # Pages 0 Auto Reviews Bill Group Name By Declared Valuation 0.00 Calculated Valuation 0.00 Actual Valuation 0.00 ioription Wolf -- BA APPROVAL REQUIRED, SECTION 511 -136, FOR A HUMAN SERVICE FACILITY. ON THE SECOND FLOOR OF A2 STORY BRICK CHURCH, ADD ISE OF HUMAN SERVICE FACILITY, AN EMERGENCY SHELTER, WITH A KITCHEN, SHOWERS, BATHROOM, DINING ROOM, EXISTING. NEW EDRO A N D DORM ITORIES, LA MACHINES FIRE S AFETY EQUI PMENT. PLANS RE Parent AIP # Projoct # Project/Phase Name Phase # SizelArea Size Description Address 1230 GENESEE BUFFALO NY 14211 Location OirrnerlTer�ant Contact ID AC69663 Name INC. AMERICAN RESCUE WORKERS, Mailing Address PO BOX 288 Organization City BUFFALO StatelProvince NY ZIPIPC 14211 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 0510612007 Contact ID AC910654 Name INC. AMERICAN RESCUE WORKERS, Mailing Address PO BOX 288 Organization City BUFFALO StatelProvince NY ZIP /PC 14205 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11126/2001 To 05/06/2007 Contact ID AC302649 Name TEMPLE OF CHRIST CHURCH Mailing Address 1230 GENESEE ST Organization City BUFFALO StatelProvince NY ZIPIPC 14211 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0210712007 To By GRUND Date 1 Time Temp COO COO Expires U Foreign [] Foreign (J Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (715)851 49rtlj Fax (716)8551 6472 Report Date 01/0212009 03:41 PM t Submitted By DAVID GRUNDY USE Building Application Page 2 Linked Addresses No A ddresse s are link to t his Appli cation AIP Linkeit Addresses No Addresses are linked to this Application Link Parcels .. 1016100008015000 Al Llnket! N P are linked to this Applicati Appticant ,. ___.._.. No Applicant Contacts - - -- Primary Y Capacity Type Effective Expire Contact 10 OWNER Name OWNER (TENANT) Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments License . #.: Type '...Contact '10 Name - .- —_ -- 000000 DM1 AC12792 OWNER OF PROPERTY OR TENANT 0000000 PLU AC122429 OWNER 222222 SPC AC123700 OWNER 000000 HIM AC12792 OWNER OF PROPERTY OR TENANT Check Fees APPLICATION FEE ($25.00) .ZONING BOARD FEE ($75.00) Check Inspections Check Reviews Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open C ases Fee3 APPLICATION FEE ZONING BOARD FEE There are no Inspections for this Report There are no Review Activities for this R eport Aekivity Review .Detalls Na Aetivif�Review Details Fees Failed Unpaid Paid Inspections Successful Reviews Successful Conditions Successful Alert Conditions Successful Not Checked Children Successful 0 U 25.00 P 01/02/2009 1416 75.00 Total Unpaid 25.00 Total Paid 75.00 �......_ - -..... ......... ........ __ Existing Use CHURCH AND HUMAN SERVICE FACILITY New Use CHURCH AND HUNAN SERVICE FACILITY 0 ® Electrical Dwelling Units Lost 0 U plumbing Dwelling Units Added H Heating Debris Employee Employee ID Last First , _.. - Mt C _...._. _ _— ._.. ._ �._. —..... - No Em ployee Entries _ og Action ❑eseriptian Entered �y :: Start ".: Stap Hours men - - - No Log Entries �......_ - -..... ......... ........ __ Regular Committees 'c FINANCE (Michael P. Kearns, Chairman) City Clerk's Department BUFFALO January 23, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 38 PASSED January 20, 2009 Amherst Station PILOT, 2665 -267I Maid St (Max)(Strat Plan) tuA C1111�i `t � Amherst Station PILOT Agreement 2665 -2671 Main Street (Item No. 1, C.C.P., Jan. 6, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approves the PILOT Agreement between the City of Buffalo, the County of Erie and Amherst Station Housing Development Fund Company, Inc. for 2665 -2671 Main Street, be and the same hereby is approved. Passed Recommended by the Committee on Finance } Chairman *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * * * * RIVERA RUSSELL SMITH * '� * * * [-------- - - - - -j [MAJ- 51 * * 0 [213 - 6] [3/4 - 7] 1 01/06/2009 # 1 (Rev. 2/01) SINGLE PA GE COMMUNICATION TO THE COMMON COUNCIL I TO: THE COMMON COUNCIL: DATE: December 31, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [: Amherst Station PILOT, 2665 -2671 Main Street C= PRIOR COUNCIL REFERENCE: (IF ANY) [: Esc. (Item No. , C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie and Amherst Station Housing Development Fund Company, inc. inform and substance to the attached Agreement. This Project. known as the Amherst Station, located on Main Street in the Cit CT Buffalo, County of Erie, involves the pax - tial demolition, rehabilitation and addition to an existing three story masonry commercial building on Fain Street near Pmherst Street into twenty -sour (29) units of housing and administrative office space for Cazenovia Recovery Systems, inc. The development will consist of nineteen (19) one bedroom units and five (S) two bedroom units, with the offices on Dart of the first floor. All _or: the units will be affordable to households with incomes at or below 50% of the area median income: it is projected that =our (4) of the units will be occupied by households at or below 30% of the area median income. Each unit will have laundry hook -ups and central air conditioning. The building will have a large community room with a kitchen area and common laundry facilities. There will also be a play area and green space for children and residents to gather as well as adequate off Street parking for residents and guests. The not for profit sponsor /developer is Cazenovia Recovery Systems, Tnc. ( "Cazenovia "). Cazenovia will provide services to residents, Four of the units will house clients of Cazenovia (which provides services to individuals in recovery from a substance abuse problem); these residents will ll reoelve CQmprehen5ive services from Cazenovia staff, including case management, referrals, and independent living skills training. All residents will be encouraged to participate in a tenant association, which will have input into decision making for the building. Residents will also be provided with h_omebuyer training. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of proposed budget, assuming a rive percent (5a) vacancy. Payments will increase by three percent per year for the duration of the 15 --year Pilot. TYPE DEPARTMENT HEAD NAME: Carla A. Kosmerl TYPE TITLE: Wrector of Administration and Finance SIGNATURE OF DEPARTMENT H AD: I .SANG Z"9, 5_ ..' k't •:r Y.:'•r; .. :.d,: C"TiN.R kiss^ °ti�2 7 flu FAY I.f,: .�' �N jh -.it`: ..T:2i:' - I j.. _:. S •'y''4 �''��" i�rj �Ji:`:'i� ��' �t�..• °i� " ° ' '�r< �'' .5� - : ; "'R � ^r. �1,.�1 << . 'd?:�i�i:y'r �n ..rt[ -'k: 7 ~`'��, �':kn -. Y.s �e : "•i•; ie'..;�': ?i �� -+ 1- .:'s;,, ,:d. :1�:� }� -�1�'v ;:c�'S.i*� . `,f�:` -'r i, .y 1't! V��� :=i�Sn:�.��� ';.r.r� i k'' a r t lt•: —. ,s,����..'mC✓rJ , �S�'�', rt'' i .c' .t �'v.' .. #,.., ;j'r 'r >':.,:.p {....13;1,': a �� ::� 'F ...�. ifT�' ` +- ��R 'v "`- #'•'".s�,��.�- �'�"151�Yi ?� sLi �i.taiS,,+vy� ' '' f U ;L * • `! '� ::'`1 rt•.`•�'`�:5 ., t�SS,,n'r� y,sy H �sL4at ? {i1��.iY�s``��ri ..:. i'a.r_..Lr ._f z.,_.. .._. r , __. .�,� _ !:. ;.5�, •-. iIadSWItia . +..� - , .•�; � s. 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'` n �+"F,,7!�Fn,tlJ',f �..,•~ }- t�' - 'y'" _ a� :'' -' i :.�'r� aI'�SiF�� � � .xa :1,4' •i :i1F7:�r,- �'i:'ri3.; i�'Si:.. ,��', trF,':Y-:..} ��`: �"�:a`.��'•� ° � ; .., Y �,, i:.�nfN`. .. _ , ":•::f 4.r1:: °� ir,i 3 :� �.s+�y�:;: $ ` x7 �. . - • IJ e � t +'r, - C�:4 -l;C �tiEy� .�y�m.: Ott "';:i•�:'lsitrir:.�Y:- y .P.,n-,� DTI F s;- I M I R, t r r • : t...i z '• u ' r �t3 `E*��v�l' ', f r ,_ ;� ]V " � ^: ^ ' 35 1 '7 '' n, 3 •s §�",n •.' � r Y,jkp ;✓�ts . '!; r . �7JS•'i•..i",h?.'1l`4}� .. _.... g¢ Sr `Y ^'tzj�,�5r� }:�. �Y'�a� �' ' '� CYenIc•.,cf}„. p y �y i'Fr,S,•fe� Y: fg ra Ift aF � 1 ; %� +' �&'. 1.'r_ _ a � ry �[ J�± r t � . �$. y L� 3C'Hi i'i,'l YE�'`t. '.: "�`-� — �>F. t Pi �. ' �• F ::ti J EFF ��.� . s ' ~ dt. w o'• 4_4 • ��{,�-- � `t} .�`� � � '. fy .��,� . k six I 'VE b': ,4 . �1.• L :�, .�Y ..'.rf;. asp 4 'i y " . 'Sa ''.�,u �y tr i�t�i./ ��,.��,� r :i � :•' " •:•.r .. ..`t: 5:..Lt•a•' -!A ^. l', W.,,'r: �a `. S :.. r `i y. ti T I c t 4'. �' S .,... y " t r •� r • T.i 1 d�' <;.i• ;1 •� � s �.:n'F { 1 .!? �w' r' � ,y�,.::.r�s�tir••'�.;- ^'r.'��aw: y F�,y _._ -,... t.:ilyy:i:7:.fe ,.: itR _ �t:�kJ,:•�._,., ..'�.: L`3:L: .z..,_.,.t ._.." �' ii:. ld-':: ��'. o-h� 'rn_:n�.��l�'S:.- .73��'•:4i:r . . . . . . . . ... lei . a3` � R I NV ig itJ ME - 2 1 0 09 , gi� It I I-A .-It NOR, : ... -, Av� .............. ME - 2 1 0 09 , gi� NOME APPLICATION Funding Application - Project Name: SECTION 'I B - PROJECT DESCRIPTION Project Address 2665 -2671 Main Street Description of the property or building(s) intended for use in this project The project consists of the Partial demolition rehabilitation and addition to an existin three story mason building on Main Street near Amherst Street. Current uses of the property A portio of the building is being used as offices ace for Cazenovia RecoverV Systems, Inc. Gazenovia Recovery Systems Pro pr g project will of fo r , ro osed uses of the or buildin The office space and twent -four 24 apartments 19 one bedroom and 5 two bedroom. Describe project with respect to: Demolition required The project_ includes demolition of 1 sto[y wood frame building _ and garage. The level of improvements proposed (minor, moderate or substantial rehab, or new construction) Substantial rehabilitatio Special design features that promote efficiency in operating and management costs, energy efficiency, construction cost savings The building is being deli ned to complV with NYSERDA standards for LEED certification 1. Describe any handicapped accessibility features inclbding, those. regUir ed :by :Section 504 �of HUD's regulations The building will comply with Section 504 handicarmed accessibilitV standards. Two units will be fully accessible; all units will be adaptable. Any applicable historic preservation requirements to be considered. Not applicable. For new construction projects, provide a brief description of proposed models, with proposed pricing. (Models must include, at a minimum, the following appliances - a stove with range top, refrigerator, washer and dryer.) Not applicable. For rehabilitation projects, ensure that all work to be completed will bring the structure into compliance with local codes to c om a pp lica nt wi h local codes and T HUD ` Reguulations. The e ro'ect will be subject d o review d ins ect o n becCit . - deli ne °d pp g 9 p q i of Buffalo and State of New York and will obtain a building permit and Certificate of Occupancy from the City of Buffalo. 5 tr r C) CD 1�3 C HOME APPLICATION Funding Application - Project Name: Identify any Project phasing or other longer term approaches to the deve':opment of the Project Not applicable. 2. Describe the proposed occupant mix, including any mixed use or mixed income aspects of the project. Most of the first floor will house the administrative offices of Cazenovia Recovery Systems. The remainder of the buiulding will consist of 19 one bedroom apartments and 5 two bedroom apartments. Ali of the units will be affordable for households with incomes below 50% of the area median; four of the units will be set aside for households in recove from substance abuse. 0 0 0 0 cD 0 cD C:I PLANNING BOARD ,go] GI"rY HAU- E3UFFALO. tIEW YORK 14202 B'YRON W. SROWN MAYOiT June 22, 2006 suzanne L. Bissonette, Executive Director CazCnD Recovery Systems, Inc. 206 South Elmwood Aveatue, suite 301 Buffalo New York 14201 Re; Rehabilitation and addition to 2665 - 2671 Main sweet, Buffalo New Dear Ms, Bissonette, The City of Buffalo plar�nning Board at a meeting held ort 'Wednesday, 1111Y 5, 2006 considered rFi matter captioned above pursuant to Section 5 11- 137 of the Buffalo Code✓ -City Wide Site plan Re-jaw The Planning Board has des #ermined that the desi m and site plan meets the criteria for sits; plan approval contained in section 511 -145 and 511-146 of the Buffalo Code. A New Y or1C State i rtvirorttnental Quality Review Negative Dealara €iou has been pmpared and approved by the City; of Buffalo Planning Board. The City of Buffalo planning Board voted to tt rove 4 rerented the site plan and design dated January 26, January 27, 2406 and an updated open space plan June 21, 2006 for the rehabilitation and addition to the property located at 2665 - 2671 Main Street, Buffalo New York. i This letter is not a buildirrtr erm>t. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (716) 651 -5066. Sincerely, William Grillo Principal Planner WPG:MG e.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board pile pt I JU€. 1 120 F-3 i 01/06/2009 AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2008, by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at City Hall, 65 Niagara Square, Room Buffalo, New York 14202 (the "City"), the COUNTY OF ERIE a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County"), and AMIMRST STATION HOUSING DEVELOPMENT FUND COMPANY, INC. a New York not - for - profit corporation organized under Article 11 of the New York State Private Housing Finance Law, having its principal office and plane of business at 2671 Main Street, Buffalo, New York 14214 (the "Taxpayer") for the making of certain payments in lieu of zeal property taxes by the Taxpayer (the "PILOT Agreement"). WITNESSETH: WHEREAS, Taxpayer holds equitable and beneficial ownership of a tract of land improved with two (2) buildings and commonly known as at 2665 -2671 Main Street, City of Buffalo, County of Erie and State of New York and as further described in Exhibit A, attached hereto and made a part hereof (the "Land. "), and is the owner of twenty four (24) units of affordable housing located on the Land and known as Amherst Station (the "Project "); and WHEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low and very low income households, and affordability of the property for residential use by low and very low income persons shall remain consistent throughout the duration of the PILOT Agreement, NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the New 'York Private Housing Finance Law. 2. Obligation of the Ta a er to Make Payments in Lieu of Taxes. The City and County require, and the Taxpayer shall make payments in lieu of real property taxes to Page No. 1 2665 Maim Street I PILOT 4- 01106/2009 the appropriate taxing authorities pursuant to the real estate tax policies of the City and County, subject to the ten of this PILOT Agreement. 3. Requirements of Taxpayer a. The development of the Project shall be carried out in accord with the provisions of Article I I of the New York Private Housing Finance Law and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen. (15) years. C. The Taxpayer shall provide the City and County such information conceming its operations and the operations of the Prflject in form and substance as may frof" time to time be reasonably requested. each information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. I The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. e. Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City or County. £ The Taxpayer shall, utilize City services for the Project at rates comparable for similar properties. 4. Taring Authorities and Amounts a. Upon commencement of the City's next taxable status date following conveyance of the Land to facilitate the Project described herein (the "Commencement Date'), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Exhibit B, attached hereto and made a part hereof, in satisfaction of all real property taxes; ii) Twenty -five percent (25 %) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto; Page No. 2 2665 Main Street I PILOT W, 01/06/2009 iii) the remaining portion of the PILOT payment shall be allocated and/or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b_ Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement. 5. Defaults in In the event die Taxpayer tails to make any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a hen on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation, in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. 6. Effect of Fulfillment of the Regairement Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments for local improvements permitted by law. 7. Events of Default and Termination of Tax Exem lion. a. An event of default ( "Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the New York Private Housing Finance Law, (4) failure of Taxpayer to provide any of the information required by Section 3(e) or 3(d) of this PILOT Agreement, or (S) the transfer of title or beneficial ownership of any portion of the Project or the Land. Page No. 3 2665 Main Street / PILOT 11 01106/2009 b. `'Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default_ C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. C. Any such tcnn4iation of 'Elie real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 9. Waiver. No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Counterparts This Agreement may be executed in several counterparts. each of which shall be an original and all of which shall constitute but one and the same instrument. Remainder of page intentionally left blank; Page No. 4 2665 Main Street 1 PILOT 12 01/06/2009 IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE Christopher Collins County Executive Approved as to content for Erie County: Holly A. Sinnott, Commissioner, Department of Environment and Planning Approved as to form for Erie County: Gregory J. Dudek Assistant County Attorney Document No.: Dated: 3030902v2 CITY OF BUFFALO Byron W. Brown Mayor Approved as to content for the City of Buffalo: Martin Kennedy CfliT3dllissioner, Assessment and Taxation Approved as to form for the City of Buffalo: AEsa A. Lukasiewicz Corporation Counsel AMHERST STATION ROUSING. DEVELOPMENT FUND COMPANY, INC. Page No. 5 2665 Main Street J PILOT 14 Exhibit B Payment to the Payment to the Total Year City of Buffalo County of Brie Payment 1 1 3,628.40 1,209.47 4,837.86 2 3,737.25 1,245.75 4,983.00 3 3,849.36 1,283.12 5,132.49 4 3,964.85 1,321.62 5,286.46 5 4,083.79 1,361.26 5,445.05 6 4,206.30 1,402.10 5,608.41 7 4,332.49 1,444.16 5,776.66 8 9 4,4612.47 1,487°49 5,949.96 4,596.34 1,532.11 6,128.46 10 4,734.23 1,578.08 6,312.31 11 4,876.26 1,625.42 6,501.68 12 5,022:55 ,674.18 6,896.73 13 5,173.22 ,724.41 6, 897.63 14 5,328.42 776.14 $18 7,104.56 15 5,488.27 29.42 7,31 7.70 30A0902v2 Page No. 7 2665 Main Street/ PILOT 01/06/2009 13 Exhibit A Page No. 6 2665 Main Street / PILOT 01/00/2009 u 0 � Drug Asset Forfeiture Report FY Ending June 30, 2008(Pol) (ccp# 5, 116) 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) City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item- No. 40 PASSED January 20, 2009 Results Neg -66 Miller (Fill)(Strat Plati)(#12, 12123) 6� 00040 Results of Negotiations - 66 Miller (Item No. 12, C.C.P., Dec. 23, 2008) (Item No. 38, C.C.P., Jan. 6, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Loren D. Crowded, 8445 North Main Street, Eden, in the suin of one thousand and five hundred dollars ($1,500.00) to purchase the property described as 66 Miller, be and hereby is accepted and That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the sane, in accordance with the terms of sale upon which the bids were submitted. Passed. r Recommended by the Committee on Community Development Chairman TAB:rmv T:1wp66'�nswor(A"nv112c 12- 23c.doc m *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * ua SMITH [__ ____ __ ___ __� [ MAJ - 5 ] 0 [213 - 6 * "� [314 T 7 .k v 49 12123/2008 #1 (Rev. 1/93) One Page Communication to the Common Council TO THE COMMON COUNCIL DATE: December 9, 2008 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations 66 Miller, 650.85'N Broadway Lot Size: 35'x 97' Assessed Valuation: $3,800.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Loren D. Crowden, 8445 North Main Street, Eden, New York 14057 to purchase 66 Miller. Mr. Crowden owns an apartment type building at 74 Miller, which is adjacent to 66 Miller_ He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($45) to Sixty Five Cents ($.65), per square foot. 1"he results of our negotiations are that Mr. Crowden has agreed and is prepared to pay Ono- Thousand f° ivo Hundred Dollars ($1,500.00), Forty Five Cents ($.45) per square foot for the subject properly. 1 to has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 66 Miller to Mr. Loren Crowden in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CARiA A. K� t�L r/ `-� TITLE: DIRECTOR 0 MINISTRAT ON &FINANCE OFFICE OF STRAT C PLAN ING AN ' SIGNATURE OF DEPARTMENT HEAD: :1 C/ CAK:JPH-ck 17 Resneg65mWerhe J x s aY -- 7;1 t� f f in 17 f Z- r� m A fP [1 x � 8 00041 Results of Negotiations -- 23 Ilauf (Item No. 10, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: T at the offer from William Robinson, residing at 21 Ilarif Street, in the suns of one thous nd and five hun0fed doltars ($ 1,500.00) to purchase the property described as 23 flauf, be and hereby is accepted;�aDd P That the purchasQi has also agreed to pay for all closing costs-/associated with the transfer of title; and r That the Office of Strategic Planning be authorized pare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. s Recommended by the Committee on Community Development �1- Chairrnan TAB: rmv T:1 %v601mswurdlrmvl l Oc 12- 23c.doc Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 00042 Results of Negotiations — 359 Hudson r (Item No. 11, C.C.P., Dec. 23, 2008) That the above item be, and the sane hereby is returned to the Common Council without recommendation. LoCurto moved: hat the offer from Mr. Charles HT Saunders and Mrs. Mary Simpson Saunders, residing t 17 Days Park, in the sung of three thousand dollars ($3,000.00) to purchase the property Vescribed as 359 Hudson, be and hereby is accepted; and Th't the purchi4ser halso agreed toay fb� all closing co transfer of itle; and. That the OTIce of Strategic I anuifig be authomi - d to V pare the necessary documents for�hc ransfer of title and that the Mayor be aulliorived to execute the sane, in accordance with the terms of sale upon. which the bids were submitted. assed. Recommended by the Committee on Community Development�/ t_ t ` Chairman AB:rniv "r:hvp&OAjnswordlrmvl l ] c [ 2- 23c.doc Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED 00043 Results of Negotiations — 628, 630 and 634 [�. North (Item No. 13, C.C.P., Dec. 23, 2008) That the above item be, and the sane hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: Th t the offer from Mr. Alonzia L. Stevens and Mrs. Lena D. Stevens, residi.ng at, 618 East forth, in the sum of five thousand and four hundred dollars ($5,400.00) to purchase t e properties described as 628, 630 and 634 East North Street, be and hereby is accepted; a , d That Elie purcyaser I qs also agreed to pay for all closing costs associate <I - �Yitli the transfers of tu anO f 7 That the Offrcc of Strategic Plann'jig be author izcd -tq p epare the necessary documents for the transfers of title arid-mat the Mayor be authorized to execute the sank, in accordance with the terms of sale upon which the bids were submitted_ MEM Recommended by the Committee on Community Develop Chairman TA Q:rmv '1 \rrn v1 [ 3c 12- 23c.doc (j) t Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED t LEGISLATION (Joseph Golombek Jr., Chairman) City Clerk's I)epartment BUFFALO ,January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 44 PASSED January 20, 2009 Sidewalk Cafe License -42 Chippewa. West(Fll)(EDPI) Gerald A Chwalinski City Clerk 00044 Sidewalk Cafe License — 42 Chippewa West ry (Item No. 12, C.C.P., Jan. 6, 2009) That pursuant to Chapter 1.94 of the City Code, the Commissioner of Economic Developn -ent, Permit and Inspections Services be, and he hereby is authorized. to issue a ":Mere License" to Jose Antonio Palma, Jr., owner, located at 42 Chippewa West, to install a similar 5' 5" x 27' sidewalk cafe, which world encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner with the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation including a building pernvt. 2. That the addition be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the encroachment does not exceed 150 square feet in area or project more than 5.5 feet from the property line into City right of way. 4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said addition. In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Conunissioner may order the immediate removal of said encroachment as described in Chapter 413 -67 (G) of [lie City Charter. 5. That the applicant supply the City of Buffalo with a construction in street bond and/or certificate of insurance, in an amount determined sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. Passed. Recommended by the Committee on Legi 7'Al inv AwpWmswordVrnvll2c- Gc.doc 69 (Rv. 1193) Since Pale Communication to the Common Council To: The Common Council: Date: December 23, 2008 From: Department: Department of Economic Development Permit &Ids- ection Services Division: Office of Licenses T e in U er and LLower Case Only — I Subject; [: Sidewalk Cafe License [; 42 Chippewa West (Ellicott) Prior Council Reference: (If Any) [: Ext_ { Item No. xxx. C.C.P. xx/xx/xx Text (Typo Single Space Below): 01/06/2009 The Common Council approved a sidewalk cafe for the-restaurant located at 42 Chippewa West. The restaurant, formerly known as Bradford Grill is now owned by Jose Antonio Palma Jr. (Omega Lounge). Mr. Palma has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Sinnature of Department Head: � 1 RMT:msz JAN 6 2009 6 91 (Rey. 1193) Sin le l'a e Communication to the Common Council To: The Common Council: Date: December 23, 2008 / From: Department: Department of Economic Develo meet Permit & Ins Dection Services Division: Office of Licenses Subject: [: Sidewalk Cafe License [: 42 Chippewa West (Ellicott) Type in Upper and [: Lower Case Only J C: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xxJxx/xx Text ( T Te Sinyle Space Below 01/06/2009 L- The, Common Council approved a sidewalk cafe for the restaurant located at 42 Chippewa West. The restaurant, formerly known as Bradford Grill is now owned by Jose Antonio Palma Jr. (Omega Lounge). Mr_ Palma has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: ' �l f RMT:ma JAN 2009 Q3 CD N O H I V\� es I-S- � \�- \ - v .4 r r q A 1' Q ` T 62 313 MY HALL BUFFALO, NY 14202 01 Phone # (716) 851 -4075 - Fax # (716) 5514952 ,SID WALK GAS APPLZCATION Date - �in•���V` \C� ZO o Applicant Nam v✓J o c7 D/B /A Location of Business � �- street c•( �P-o W. Zip Code Business Phone Hn�e Phone Dimensions of Cafe Number of Tables Number of Chairs Briefly describe in what manner the Cafe boundaries will be installed (i,e. wooden deck with J. railings, wrought iron railings, flower boxes with rape attached). ,.T,.. — 9Fhp Cafe Mav not be nermmentl affixed to the Main Bui ldan or public Sidewalk. Gi Yl Below please provide a drawing of the praposed Cafe -showing the .existing building, the area to be occupied by said Cafe, and the area of public sidewalk remaining for pedestrian passage (we reverse side if more space is needed). N ote: A minimum of [aur feet of uninterru ted u6tac sidewalk alb MUST exist after installation of Cafe Owner of Building Signature if different than applicant Applicant Signa swcapp! * * *AYE Y4 {J DAVIS * * * FONTANA * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * * RIVERA * * * * * * RUSSELL * * * �= �--------1 ' [�1�J- � l * `x» * � * . ' _ ^� _ _ [2/3 - 6] * ^ * * |3/4 - 7) iMA 00015 Report of Auction - 2347 Bailey (Item No. 8, C.C.P., Dec. 9, 2008) (Item No. 52, C.C.P., Jan. 6, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation.. Mr. Gotombek moved, That t e offer from Ms. Brenda J. Lewis, 188 Roslyn Street in the sum of three thousand doll rs ($3,000.00 to purchase the hropb:rfy`described as 2347 Bailey, be and...., hereby is ace pted; and [ hat t e purchaser has also a ged to pay for all closih"�eosts associ ed with the transfer of tit]; and That the \Office of Strategi6 Planning be authorized to prepare the necessary docurnents for tl e transfer of tit. and that the Mayor be authorized to execute the sane, in accordance wit the terms gsale upon which the bids were submitted. Recommended b the Committee on Legislation Y .:. Chairman TAB :mv 1:14vp601mswordlrmvl8c 12- 9c.doc P 1. I , Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. SOW Report of Auction -- 1290 East Ferry; (Item No. 9, C.C.P., Dec. 9, 2008) (Item No. 53, C.C.P., Jan. 6, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golornbek moved: Tl f at the offer frog► Ms. Brenda J. Lewis, 188 Roslyn Street in the suin of six hundred ollars ($600.00) to purchase the property described as 1290 East Ferry, be and hereby is accepted; and `I hat the purchaser has also agrecdiopay for all clod] g costs associated with it transfer ftitle; and TI at the Office of Strategic Planning be authorized to prepare the necessary document for the transfer of`fitle and that the Mayor be authorized to execute the same, in accordal ce with the terms of sale upon which the bids were submitted. arse . Recommended by the Committee on Legislation 7 Chairman v TAB:rmv T;Awp60 \)nsword\tmvl9c 12- 9c.doe l� , h� Mfr. Golombek moved that the above item be recommitted to the Committee on LegisIatl"On FIR KOW 0 r 0047 E. Sahi, Petition to use 1010 Main Street — 1 1unian Service Facility r 1 (Item No. 54, C.C.P., Dec. 23, 2005) 1'1 That the above item be, and the same hereby is, returned to the Con-in Council without recommendation. Mr. Golombek moved: That the petition of E. Sahi, agent, owner, for permission to use 1010 Main Street for a Hunan Service Facility, altering two existing three story n7asonry office buildings be, and hereby is received and filed. Common Council staff is directed to send a letter to the Zoning Board of Appeals expressing the Coininon Council's support for said application in time for its January 25, 2009 meeting. �sed. RECEIVED AND FIL Recommended by the Committee on Legislation �_ . Chairman TAB: rmv thv1)601msucrdl:rmv\54ct2 -23cA c Ij 00044.3 M, Kearns - Article Regarding 375 Potters Road (#43, 11112) That the above item be the same and hereby is Received and filed. ADOPTED Recommended by the Committee on Legislation 00049 f11 R. Wolfgang -D. liranczyk -Fifth PEG Access Channel (##41, 10125) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �-� City Clerk's Department BUFFALO January 23, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 50 PASSED January 20, 2009 Food Store License -529 Dodge (El l)(EDPI)( #28, 4 /1)( #102,4/] 5) Gerald A Chwalinski City Clerk x 00050 Food Store License — 529 Dodge (Item No. 25, C.C.P., Apr. 1, 2008) (Item No. 87, C.C.P., Dec. 23, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Pern - lit & Inspections Services be, and he hereby is authorized to grant a Food Story; License to Mohamed Sawa[, dlbla Dodge Express Mart located at 529 Lodge. Passed. Recommended by the Committee on Legislation Chairman TABt nn "] €dlonv187c 12- 23c.doe a 65 0410112008 To: The Common Council: + Date: March 10, 2-008 From: Department: Department of Economic Development Permit & Inspection Services Office of Licenses Subject: j: Food Store License j: 529 Dodge (Ellicott) Prior Council Reference: (If Any) [: Ex. ( Item No. xxx. C.C.P. xx/xxlxx I Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 529 Dodge (Dodge Express Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and r 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. Signature: Department Head Title: COMMISSIONER RVIT:mr APIR 15 2008 } Pp 1 7.00$ L/16 � I ozrvl_ 2$ 66 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HAL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMNIISSIONER OF POLICE APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 529 DODGE BUSINESS PHONE: 883 -8518 COUNCIL DISTRICT: EL POLICE DISTRICT: 12 APPLICANT NAME: MORA.tviED SAWAL APPL. PHONE: 884 -0502 APPLICATION NUMBER: 549043 REFERRAL DATE: 12/1312007 REMARKS: DISAPPROVAL REASON. NEW LICENSE 2008 0 4/01/2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: �f . DISAPPROVED REMARKS: DISTRICT Ci APPROVED DISAPPROVED DATE: DATE: 'REASON FOR DISAPPROVAL AWST BE STATED BELOW *** RE MARKS : COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN TIMS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App31;p7.rp1 67 CITY OFBUFi+Aiiv OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 'NSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: . APPLICATION NUMBER: REFERRAL DATE: 529 DODGE 883 -8518 EL 12 MOHAMED SAINAL 884 -0502 549043 12/13/2007 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY. AGENCY/DEPARTMENT REFERRED TO) P1tO DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: NEW LICENSE 2008 r'*REASON FOR DIS,4.PpROVAL ST � MUST BE STAT .TED BELOW -" RENIA KS: 04/01/2008 INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .4DA$rlp2. 88 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUNIBER: REFERRAL DATE: REA'IARKS: DISAPPROVAL REASON: 529 DODGE 883 -8518 EL 12 MOHAMED SAWAL 884 -0502 549043 12/13/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCYIDEPARTIMNT REFERRED TO) (A D DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOWxXF INSPECTOR _ RM## EXT 04/01/2008 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2jpr 69 OFFICE OF LICENSES 313 CITY HALL 04/01/2008 04/01 /2008 BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE. COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: RENIA RKS: DISAPPROVAL REASON: 529 DODGE 883 -8518 EL 12 MOHAMED SAWAL 884 -0502 549043 12/13/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: t - Z D _ ROVED DATE: DISAPPROVAL . CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW*** INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsl p2.rpt 69 OFFICE OF LICENSES 04/01/2008 313 CITY HALL BUFFALO, NEW YORK 14202 LICENSE TYPE: FOOD STORE AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: DODGE EXPRESS MART BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: INSPECTION /APPROVAL REQUEST 529 DODGE 883 -8518 EL 12 MOHAMMED SAWAL 884 -0502 549043 12/13/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ti APPROVED DATE:__ ���- Z c D _ ROVED DATE DISAPPROVAL CALL 13ACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** s r INSPECTOR r `' RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShpZi pt :70 04/01/2008 CITY OF RTT'E, Lo OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORE: 14202 INSPECTION /APPROVAL REQUEST AGENCY/ DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT M&NIE: APPL, PHONE: APPLICATION NCTM 3ER REFERRAL DATE: RE MARKS. DISAPPROVAL REASON. 529 DODGE 883 -8518 EL 12 MOHANMD SAIATAL 884 -0502 549043 12/13/2007 NEW LICENSE , 2008 (TO BE COMPLETED BY AGENCY/DEPART-WENT REFERRED TO) E "PROVED DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: * *REAASON FOR DISAPPR,0VAL M-UE;T BE SlATED BELOW * ** IE.MARKS: /V� G`�lS / INSPECTOR .RNM EXT l < l AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App$lip2rpt 70 04/01/2008 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: DODGE EXPRESS MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: .A,PPL. PHONE: APPLICATION NUMBER REFERRAL DATE. REMARKS: DISAPPROVAL REASON: 529 DODOS 883 -8518 EL 12 MOHAMED SAWAL 884 -0502 549043 12/13/2007 NEW LICENSE 2008 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) E APPROVED DA`Z`E: / 4L �- DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: "'REASON FOR DISAPPROVAL MUST BE S 1 ATED BELOW"': REMARKS: INSPECTOR A-) RM4 Z_� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. AppSlrp2.rpt - 71 04/01/2008 OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YOM( I 4202 , 851 -4078 LICENSE APPLICATION RESTAURANT "STAURANT TAKE -OUT _�X_, , ._FOOD STORE BAKERY CONFECITOh CATERER MEAT, FfSH & POULTRY Date November ,0 07 APPLICANT NAME Mohamed Ali 5 mal ; APPLICANT HOME PHONE # r APPLCCANTADDRFSS 177 Riley Street Buffalo NY 14209 (NO., STAE6T1 (CITY. TONVN OR Vitt-AGE) (SPATE) pl') CO- APPLICANT NAME CO- APPLICANT ADDRESS APPLICATION MUST BE COMPLETED IN FULL PROTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS (PLEASE CHECK LICENSE CATEGORY APPLYrNG FOR) (N CO- APPLICANT HOME PHONL # (CITY. TOWN OR VILLAGE) (STATE) COI2IORATIONNA:MP Docl�e l ;tress 11 rt_� .. xlc.. DATEINCORPORA_T> D __ n�rR BUSINESS NAME DATE OF BUSINESS CERTIFICATION BUSINESS ADDRESS o r Buffalo— NY 1 2 (NO.,STREET) (CITY. TOWN DR VILL.SG$} (SPATE) MAILING ADDRESS (if different than business address) (NO., STREET) (CCIY,TO (STATE) BUSINESS PHONE ( 716) .S83 —R 5 t A �A-X # STATES TAX ID NUMBER —_,._pmndimg_.... —_ SOCIAL SECURITY # Federal ID Number: 26- 1457675 NO, OF EMPLOYEES 1 !� Subscribed and sworn to me this day of November 1 20 07 (BAKER & CONFECTIONEER ONLY) plicant Signature Mr. Fontana moved: That the above communication from the Commissioner of the Department of Economic Development, Permits and Inspections Services, dated March 10, 2008 be received and filed, That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and lie hereby is authorized to grant a Food Store License to Mohamed Sawa] (Dodge Express Mart), located at 529 Dodge. Passed. 25 'I CADocuments and Settings ltball�Desktop\COUNCILInpproval Motions. Committe Reports125c04- 01a.doc ` ' o ` DAVIS * ` * FONTANA * * * * * * FRANCZYK * * * _ * * * GOLOMBEK * * * _ * * * KEARNS _ * * * LOCURTO RIVERA * * * * * * RUSSELL * * SMITH * * * |-__-__--- � [�&�J - � l * �� * � * ` ^ _ -� _ _ |2/3 - 8 l * * * � 3/4 - 7 l 14 W.. if � 000� ��A -- � �»°~ .`~ City Clerk's Department BUFFALO Januar=y 23, 2009 HON_ BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 51 PASSED January 20, 2009 Lodging House License --45 W. Chippewa (Ell) (ED l)( #53,7122) Gerald A Chwalinski City Clerk 00051 Lodging House License --- 45 West Chippewa Street (� (Item. No. 53, C.C.P., July 22, 2008) (Item No. 84, C.C.P., Dec. 23, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging Mouse License to Candace Isaacs located at 45 West Chippewa Street with the following conditions: Tenants of said Lodging House are strictly prohibited from congregating in front of 45 West Chippewa Street in the area the building's f'a�ade and the curb, Loitering in front of 45 West Chippewa and impeding the free flow pedestrian traffic is strictly prohibited and the Lodging House agent is responsible for Insuring that none of her tenants or their guests loiter in such a manner as to obstruct or impede the free flow of pedestrian traffic on Chippewa Street within the right- of-way. Passed Recommended by the Committee on Legislation ( ;�i i Chairman TAB:rmv '1'Awp601mswordlnnv\84c 12- 23c.doc �11 ZZQ(Rev. 1193) Single Paae Communication to the Common Council 07/22/2008 `e: Common Council: Date: July 1, 2098 From: Department of Economic Development, Permit & Inspection Services t Division: Office of Licenses J ` Subject: [; Lodging House License f [. 45 West Chippewa ('Clued}) Type in upper and f [: f Lower Case Only [: Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx) Text (Type Single Space Below) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 45 West Chippewa and find that as to form is correct. I have caused an r� investigation into the premises for which said application for a Lodging House license is being sought and according to ✓� the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. The attached thereto for Candace Isaacs . This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: J _`� Type Title: 9d Signature of Department He e JC.PS:,d JUL 2 2 2008 221 Interdepartmental Memo Date: July 1, 2008 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Supervisor of Licenses RE. Common Council Communication. Lodging House at 45 West Chippewa. Per ity of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Yyodging House License application to the Common Council: Zoning Office (Cent of Occupancy) F F"re Prevention (Cent of Occupancy) wilding Inspection (Cert of Occupancy) lice Department ealth Department (Not needed per Health Department) Lodging House Agent License *ate Byron W. Brown Mayor Richard M. Tobe Commissioner LODGING .MOUSE AGENT. L1C. ENSE LICENSE License Number 547896 DENNIS HINTERBERGEI2 45 WEST CHIPPEWA BUFFALO. NY 14202 NO INDIVIDUAL SHALL BE PERMITTED TO SERVE AS AGENT AS PROVIDED IN THIS CHAPTER WITHOUT FIRST OBTAINING A LICENSE FROM THE DEPARTMENT OF ECONOMIGI)EVE;LOPMENT AND PERMIT AND INSPECTION SERVICES UPON THE APPROVI4L 4F THE COMMISSIONER. IN ACCORDANCE WITH CJTY OF BUFFALO ORDINANCE CHAPTER 269-5. PROPERTY OWNER'S NAME: CANDACE ISAACS NUMBER OF ROOMING UNITS: 47 THIS LICENSE IS NON - TRANSFERRABLE 223 OFFICES OF LICENSES 113 CITE' HAL BUFFALO, NEW FORK 14202 INN SPEC TION /APPROVAL RE VEST AGENCY / DEPAR'T'MENT: REFERRER TO: LICENSE TYPE: EXPIRATION FEAR: REFERRAL DATE: POLICE COMMISSIONED & CAPTAIN LODGING HOUSE 2009 RENEWAL November 1, 2007 LHM 546385 No. of Beds 47 Applicant ISAACS, CANDACE °- Bus. Addr. 45 CHIPPEWA WEST Mail Addr. 11203 ROUTE 438 (To BE COMPLETED BY A MNCY/mPARTMENT REFERRED T©) APPROVED 1) ATE: ' DISAPPROVED .LtEl?'.I.L"1.b;JLa DISTRICT CAPTAIN: APPROVED DATE: DATE: I DISAPPROVED RFMARKS: COMM OF I DATE: r) pat r k., n 4 ssioner ** *REASON FOR DISAPPROVAL MUST BE STATED AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. inspappvtrequestpolformYd M 07/22/2008 224 hrtt- .�r - �vv i f t .lor I ! - - r i i i i 1 w, - y C I 4 �Y7 w "UFFA - LO .r • r + ` Certificate of Occumixv o7M Co0cate No 1 1823 ' In agcordgnre: *''th a ppropriate laws of the State of New York andlor the Orc inances of thv City 6f Sealp, t" ttlitkiure(s� lo, tX t at 45 CHIPPF -WA WEST Buffalo, New York, having been inspected ihd ( 6if to I. I on '' bs. itn to appliwNe lays, ordina9nm. rules Qr regulations, said struclwa(s) is herby eet�flad fbr o=paney . 1Ttts certlflcate if; issued subject t6 tho Iimitaltions herein speciFed and Is valid until *Qk6d Unl '0V10rr (XC*fly voided by the cMfigons set rorth on the revere side Of this wr0cole. tDato Issued- "fle/2007 t:4f�ll i t+liNor o} Ecoriomgz Dwefopm4nt, ! I:rA:,it and tr%%J)6 0n Ses 10" 40tdi C)=peney: 2 TAVERN.2 VNIT,45 RWM MULTIPLE DWELLING No, Qn"tts: a No. Stories: 3 No. Roams: 47 , 3uilding Type; 48 Zoning Use Disp_ i-2 Smoke Derectors; EL tW IV1998 ConstruWon: ITVAII Ciast: NYSUBG TITLE !9 B1 NYSU SC TITLE I$ R2 I�ppift titan Ca daix9. NYSUSC TITLE 119 A2 MDL Lsw; Y City Ordina3nee: Y 2oning Ordinance: Y NlYSUBC (9). N Permit No: EW 59:2 Nrmit Dote; 03 /14msaS Receipt No: 34.41 Data Incpeci4. 04108l20tll Inwctor: WILLLkM ORA Buliding Usw ON 4ST FLOOR 2 TAVt = RNS 2ND FLOOR : i DWELLING UNIT & 21 ROOM$ AD FLOOR 4 DWELL UN rrr & 24 ROOMS ;. Ata3'lew APR-27-200? 11:41 716 992 5161# TOTAL P.002 I 225 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SER�07 2/200 OFFICE OF LICENSES 313 CITY I kLL BUFFALO, NEW YORK 14202 851- 4078�� LODGING HOUSE LICENSE APPLICATION Date May 1, 2007 LODGING HOUSE ADDRESS 45 West Chippewa Street, Buffalo, New Yo 14202 (No., Street) (Zip Code) Crazy Horse Development, Inc. APPLICANTNAME Candace Isaacs HOME PHONE# (716) 532 -5593 A..PPLICANTADDRESS 1420 Route 438, Gowanda, New York 14070 (No., Street) (City, Town or Village) (State) (Zip Code) APPLICANT DATE OF BIRTH 7 13 / 7 7 PLACE OF BIRTH S r i rr V i l l e, New York OWNER OF PROPERTY Crazy horse Deve lopment, HOME PHONE# 716 532 Inc. PROPERTY OWNER ADDRESS 14203 Route 438, Gowanda, New York 14070 (No., Street) (City, Town or Village) (State) (Zip Code) NUMBER OF APARTMENTS 4 7 NUMBER OF ROOMS PER APARTMENT TOTAL NUMBER OF BEDS 47 TOTAL NUMBER OF BEDS APPLIED FOR 47 * * *AS PER CHAPTER 269 -3 OF THE CITY ORDINANCES, NO LICENSE WILL BE ISSUED UNLESS THE OWNER OR LESSEE OR THE AGENT OF THE OWNER OR LESSEE RESIDES ON THE PREMISES OF THE LODGING HOUSE OR WITHIN FIVE HUNDRED 500 FEET OF THE PREMISES NAME OF LODGING HOUSE MANAGER Dennis Hin r erherger MANAGER ADDRESS 45 West Chippewa Street Buffalo, New York 14202 MANAGERPHONE 4( 716) 845 --54 (No., SfYeet) Subsoribed and sworn to before one this 1 S1 � Day of . `�?I - 20 ¢7 Corr' issioner of Reeds in and for the City of Buffalo, New York CITY ORDINANCE CHAPTER: 269 L11M app) (Zip Code) IC N� Ui ATI I E CANDACE ISTAN FEES 0 -15 BEDS S71-00 16 -25 BEDS $118.00 OVER 25 BEDS $118.00 + $2.50 EA. ADDITIONAL BED MICHAEL F C~, notary Finite, Stets of MW tjuaDfced !oErWvmmty Ny CWrWSetan Expires * * *AYE �� U I / /! �; 1 DAVIS FONTANA * * * * * * FRANCZYK * * _ * * * * GOLOMBEK * * _ * * * * KEARNS * * _ * * * * LOCURTO * * _ * * * * RWERA * * * * * * RUSSELL * * SMITH * * * __- * \ * � * ^ [B�AJ - 5 ] * - * �� _ 0 * |2/3 - 61 * .* * |3/4 - 71 I / /! �; 1 0002 Fees Associated with Refund Anticipation Loans f' (Item No. 100, C.C.P., Feb. S, 2008) That the Common Council request the Law Department, using the successful passage of New York City's Law (Int 0383 -2003) as a model, draft a similar ordinance requiring refund anticipation loan brokers to prominently display all associated fees and interest rates and inform customers that they could receive their full refund from IRS in less than two weeks time if they have a bank account and use direct deposit; and That upon receipt of this ordinance from the Law Department, the Common Council formally adopt and implement this noble effort to prevent the exploitation of low income individuals; and That the City will work to develop, expanding and support existing opportunities for citizens to access free tax preparation services and increase their financial literacy, therefore, ultimately improving the overall duality of life of them and their families. Adopted. Recommended by the Committee on - y vx—�% ® Chairman � TAB:rmv TAvvp60\mswor&rjnvll OOc2- 5c,doc i5 City Clerk's Department BUFFALO January 23, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 53 PASSED January 20, .2009 Ord Amendment - Ch 431 Tax Preparers Regulation Thereof CIO 11'a F E 6 _ 2 00053 0 Ordinance Amendment - Chapter 01 — Tax Preparers, Regulation Thereof }`} (Item No. 75, C.C.P., Oct. 28, 2008) That the Ordinance Amendment as contained in Item No. 75, C.C.P., October 23, 2008, be and the same hereby is approved. Passed Recommended by the Committee on Le rislation �k . Chairman TAB:rmv `C:lwpM mswordlrmv175c t 0-28c. doe f By: i'vlLssrs..Rivera and LoCurto Re: Ordinance Arnendrnent f Chanter X1-31, T a , Prengrers, RL g?.fla Ther -,) f J The Common Council of the City of Buffalo does hereby ordain as follows: That Chanter 431 of the Code of the City of Buffalo be amended to road as follows §431 Definitions A. F. or the purposes of this sec the t erm "ta :K_p arer" or " re a rer" means a person partnership, corporation or other busin ent that for valuable consideration advises or a ssists or offers to advise or assist in the re paration of income tax returns for a nother. B. For !h e _plir op se5 of this sub cl?a� t er, the tezz� "refund antici anon l means any load a taxpayer may receive against h is or her anticipated income tax refund. 431 -2. D isclosure A. tax pre parer who is required, pursu to federal, state or local law or regulation to sign income tax retu as a pre parer shall rominentl and e onspicuau post o n the busine premises an identification -and tzalifcatio statement. The statement shal in clude, but is not limited to the parne of the tax_preparer_ an address and phone_ number at which the tax re -p p arer can be contacted. throu rhout the ear and a statement o f any qualific Po ssessed by the tax yrep ma include a statem of satis factoz cy__orzad_l of a e ducational car train in i ncom e tax l aw, the ory. or pr actice by th pre a� B. The t aax oreparer shall pr ovide the customer with a receipt co an address and n umber at whi the preparer can be contacted throughout th e.year. §431 -3. Records No tax p re aver shall intentionall misstate or rriisre resent any ' nfor relatin o his or her education, training or ex c rience on an identificati and qpalification state ment. A tax pre slrall main records to substantiate all of the information contained on such a statement provided, however that an affidavit si ned b the tax pre arer in that the infor cont o n a statement is true s b suff icient t o subs anv informatio if other re cord s are not availab Suc records and / or affidavi shall be kept on file on the bu p remis es a nd s hall be rp ese on dem and for inspect by the Buffalo Police Dep � ~j §31- 4 T _ Refund Anticipation Loans f31:,1 [iE1ii 1 A� An tax re arer ivh c> acly roses to availahz o a r ebind anticipatio in v not dire or in directly represent su a loan as a rebind. An - y adyfcrtisernent which m enti ons a rc i nd ar loan m ust stato conspicuously [hai it is a loa i,h, a f ee or interest will be char,ed b the lendipw institution._ The advert isement must also d isclose the name o f the lending institution. B ._ Befo any raver ea ters into a ref ant ic ip ation loan the t�:t Prentre facilitating such loan shall. p rovide the foll (vving disclo to thi ta:cl -a ire yvritinh, Fish and Spanis in at leas 14-p oint ty pe. I the _eve n t that the tart ayer does n ot understand En lzg �sh Span the tax re arer shal also Provide_ a_point -b y- point oral ex lanation of the followin rc uired disclosure in a lan 7tra re understood b th tax payer: - YOU ARE NOT REQUIRED TO ENTER _INTO REFUND ANTICIPATION LOAN AGREEMENT MEREL BECAUSE YOU HAVE RECEIVED THIS INFORMATION. • IF YOU DO SIGN A CONTRACT FOR A REFUN ANTICIPATION LOAN YOU WILL, B TA OUT A LOAN. YOU WILL BE RESPONSIBLE FOR REPAYMENT OF THE ENTIRE LOAN AMOUNT AND ALI, RELATED C OSTS AND FEES, REGARDLESS O - HOW MUCH MOF Uf 4 Y Y OU ACTUALLY RECEIVE rN YoYOUR TAX ur- FU N$). • IF YOU DO _NOT TAKE OUT THT REFUND ANTTCIPA T'ION LOAN YOU ARE ELIGIBLE TO RECEIVE A GROSS TAX REFUND OF AP PROXIMATELY$ insert amount . • IF YOU DO TAKE OUT THIS REFU ANTICIPATION LOAN, YOU W ILL BE R TO PAY $ inse amou IN FEE FOR THE LOAN A FTER :I H ESE FEES A RE PAI Y OU WILL RICELVE APPROXIMA $ (insert aiio AS YO UR L OAN. • THE ESTIMATED ANNUAL PERCENTAGE RATE OF YOUR R EFUND ANTIC IPATION LOAN TS insert amount %. THIS IS BASED ON THE ACTUAL AMOUNT OF TIME YOU WILL BE LENT MONEY THROUGIT THIS REFUND ANTICIPATION LOAN. • IF YOU DO TAKE OUT THIS REFUND ANTI CIPATION LOAN YOU CAN EX TO RECEIVE YOUR LOAN WITHIN APPRO XIMATE LY T BUSINESS DA YS OF insert (late). • IF YOU D O NOT T AKE OUT THIS REFU ANTICIPATION LOAN, YOU CAN STI RECEIVE YOUR TAX REFUND UIQ CKL.Y IF _Y OU FIDE _ YOUR TAX _RE TURN ELECTRONICA AND RECEIVE YQU TAX REFUND l rH 'Y'OU C[! Ni f <- _ =;I w i`I i i _ I'P % Ii��I TWO B SS U_N S OF d 10t IF YOU FILE YOUR 'J'AX RE'HJR', E I ,EC TRO I:CCAI,LY A ND "VE YOUR. TAX REFUN DIRE CTLY DE' OS TED I\iTG_ A BA AC COli - N'T, YOU C - N k) __ i.. 4 .L.1 w x, Y t } V .[ APPROXINIC ' T ELY ` WQ B S OF 6n sort date. C It shall be _the oblig �gien of the ta&T to complete he d disc-l-osur�'- accu ratel - with all rel evant in formation for each taxi2 yer, to prov � }t by -pai oral ex planation when necessarv, and to ensure that the com disclosur for is si,n b the taxpay before he or she enters into a refund antici _ ation loan. §4 31 --5. Exemptions. Apart from MI -2 and the accorrap as Iisted in L4 31 -6, th e_ provi sions of this su shall not ap jy tQ: A An officer or employe of a corporati or business ente rprise wh o, in his o her ca a city as su ch advises or assists in the re aration of incom tax returns relating to such cor or business enter prise. B. An atto at la wh ad vises o r ass in thc_prcpara of inco.rnc t ax ret urns in the practice of law anti the crzmt3ees th�,xeo C. A fiduciary and the employees the w ho advise or assist in the . of income tax returns on behalf of the fiduciary estate, the testator, trustee, grantor o beneficiaries thereof: D. _._A certified public accountant and the employees thereof. I- - A_vublic ac:cou li cciisecl_pursu ant t o t education, law wid_ the e fqploy� cs thereof. - - F. An e of a Governmental unit, agenc o r instrumentality who advis or assists in the preparation of income tax returns in the performance of his o her official duties. G. An went e to p ractice be t internal revenue service ur suant to section 10A of s ubpar t A of part ten of t itle ihi - o f the code of fe deral reg ions. -43 -6. Penalties Any person, partnership, cor or other bus enti who violates an p rovisi on of this subchapter or any of the regulations pro hereunder shall be liable f or - civil p enalty of two hundred f ifty dollars for the f irst violation and for each succe violation a civil _ penalty o five hundred dollars, ti7 z 1 'I - ROVED A"' T � iJit.iSi' AssfL. Corporation Courts .l NOTE Matter underl n-f•"d is new, ratter in brack(, -ts is to be dolet:.r_l. *AYE* NO DAVIS FONTANA FRANCZYK * GOLOMBEK KEARNS LOCURTO * '� RIVERA RUSSELL * _ SMITH [ MAJ • 5 * X * o [213 - 6] [314 - 71 WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN 00051 M. Kearns -P. Chadwick- Ledwon- Concerns Property at 821 Elk St. ( #44, 11/12/08)(867, 12/23/08) That the above item be the same and hereby is Received and Piled. ADOPTED r Recommended by the Special Committee on Wa front RESOLUTIONS Jan 20, 2009 0 5 5 RESOLUTI By: Mr. Fontana Re: Excuse Councilinember Russell from Meeting Whereas: Councilmember Bonnie E. Russell will be unable to attend the Council meeting on Tuesday, January 20, 2009; Now, Therefore, Be It Resolved 'hhat: The Common Council excuses Councilmember Bonnie E. Russell from attending The Tuesday, January 20, 2009, Common Council meeting. 1 �tdx Richard A. Fontana n r� T� �• r• rid RESOLUTION By: Mr. Fontana Re: Excuse Councilmember Smith from Meeting Whereas: Councilmember Demone A. Smith will be unable to attend the Council meeting on Tuesday, January 20, 2009; Now, Therefore, Ile It .Resolved rt'hat: The Common Council excuses Councilmember Demone A. Smith I_roin attending The Tuesday, January 20, 2009, Common Council meeting. Richard A. Fontana ADOPT , 0005`7 RESOLUTION By: Mr. Fontana Subject: Excuse Council Member Davis from Common Council Meeting Tuesday, ,Yanuary 20, 2009 Whereas: Council Member Brian C. Davis respectfully requests permission to be excused from Common Council Session on Tuesday, January 20, 2009. Now therefore be it resolved that: The Common Council of the City of Buffalo does hereby grant Ellicott District Council Member Brian C. Davis' request for permission to be excused from the Common Council Meeting on Tuesday, January 20, 2009. Richard A. Fontana Ar 000J8 No. By: Mr. Fontana Council Member LoCurto Excused From Council Meeting RESOLVED: That Council Member Michael LoCurto be and hereby is excused from attendance at the Common Council Meeting of January 20, 2009. ADOPTED. RIP 00059 By: David A. Franczyk 2e; ESTABLISHING A SPECIAL COMMITTEE OF THE COMMON COUNCIL TO ADDRESS PARKS ISSUES Wf II�REAS, It is important for the City to work with neighborhood and community hoards to periodically review the operation of its parklands; and WI IC?RI AS, This is especially true considering the City of Buffalo no longer has direct control over many aspects of its parklands as a result of the Inter'mumicipal Cooperation Agreement for Operation, Maintenance and Improvement of City of Buffalo Parklands; hind WI IERFAS, It is important for the City to ensure that both Buffato and its partners under said Agreement provide constant and consistent maintenance to City parklands; and WI IFREAS, City residents turd other elected officials should have a venue to voice concer'rrs and identify issues regarding City parklands and the creation of a Common Council Special Committee oil Parks could provide such a venure; and Wilt'RUAS, Pursuant to Section 3 -13 of tlrc City Charter, the membership of a committee shall be appointed by the President of the Common Council, who shall also be charged with appointing and filling any vacancies that may arise on said committee from amongst the membership of the Common Council. NOW '.hlll?RFFORI BF; IT RESOLVED, '1'liat the Common Council immediately creates a Special Committee on Parks which shall be charged with reviewing the present state and Future of our City parklands and the .Interrnumcipal Cooperation Agreement for Operation, Maintenance and Improvcment of ot'Buffalo Parklands; and NOW `hI11 ORE BE FF FLJRTHFR RESOLVED, T'hattile Special C'orrrmittee of the Common Council on Parks shall rrrect as decmed appropriate by the Committee Chairman, and that said Special Committee shall be composcd of one (l) Chairman and four (4) Members, all of whom shall have a vote oil said Special Committee. NOW "f11FA ORE BF, IT FINAI..AA RI;SO.I_;VFD, That in my capacity as President of the Common Council, I hereby designate Denione A. Smith, Masten District Council Member to serve as Chairman of the Special Committee of the Cornrrmon Comicil. on Parks, and Brian C. Davis, Ellicott District Council Member, .Richard A. Fontana, Lovejoy District Council Member, Michael P_ Kearns, South .District Council Member and Michael J. L.,oCur Delaware District Council Member to serve as members of said Special Committee. 1 avid A. Frattcryk Conimorr Council .President Fillmore District Council Member 1 By: Mr. Golombek Re: Ordinance Amendment Chapter 511, Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: ARTICLE XXVIII, Citywide Design and Site Plan [Added 6 -24 -1997, effective 7 -7 -1997; amended 7 -13- 1999, effective 7 -21 -1999] § 511 -137. Legislative intent. It is desirable to establish reasonable controls over developments which, by reason of their magnitude, may have adverse effects on adjoining uses and services provided by the City. Moreover, the aesthetics of such developments should also be subject to public review in order to preserve and enhance the quality of the built environment for generations to come. Lastly, the imposition of design and site plan review places discretion with the City with regard to the environmental review process as stipulated under the State Environmental Quality Review Act (SEAR). § 511 -138. Design and site plan review required. A. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove design and site plans throughout the entire City for the following: (1) All new construction, including residential, (private, public or religious) in excess of $100,000 in value or 50,000 square feet in area. (2) All rehabilitation (private, public or religious) in excess of $80,000 or 50,000 square feet in area and any demolition action (private or public) in excess of $100,000 not mandated for public safety reasons. [Amended 5 -1 -2001, effective 5 -15 -20011 (3) All (private or public) industrial or commercial development occurring within 300 feet of a residential use (excluding property boundaries) shall be subject to this section. (4) All expansions to off - street parking lots in excess of 3,000 square feet and having more than six vehicle spaces, loading and stacking areas and structures. (5) All structures on the public right -of -way. [Added 5 -29 -2001, effective 6- 112001] B. Elements to be included in the design and site development review may include, but are not limited to: parking, means of access and egress, pedestrian sensitivity, screening, signage, landscaping, architectural features, location and dimensions of buildings, impact of the development on adjacent 4 properties, environmental matters and such other elements which may be related to the health, safety and general welfare of the community. § 511 -139. Exempt sites. [Amended 5 -29 -2001, effective 6 -11 -20011 There shall be no sites exempt from the requirements of design and site plan review. § 511 -140. Initiation. If design and site plan review is required, an application for design and site plan review may be filed by the owner of or other persons having a contractual interest in the subject property. Once it has been determined that a project falls within the guidelines of this article, no building permit shall be issued until the review is completed. § 511 -141. Design review procedures. [Amended 5 -29 -2001, effective 6 -11 -2001] upon a finding by the Permit Office that a proposed development is subject to design and site plan review, a preliminary conference may be held between the Division of Zoning and Land use Planning and the applicant prior to the submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Division of Zoning and Land Use Planning of a proposal prior to the preparation of a detailed site plan and for the division to review the basic site design concept, to advise the applicant of potential nonconformance with the Code of the City of Buffalo and to generally determine the information to be required on the site plan. in order to accomplish these objectives, the applicant shall provide the following: A. A plan showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and landscaping and other planned features;, anticipated changes in topography and other natural features; and, when applicable, any changes to existing structures; and B. An area map showing the parcel under consideration for site plan review and all properties, streets, rights -of -way, easements and other pertinent features within 200 feet of the boundaries of the parcel. § 511 -142. Application requirements. [Amended 5 -29 -2001, effective 6 -11 -20011 Upon a finding by the Permit Office that a proposed development is subject to design and site plan review, an application for design and site plan approval shall be made in writing to the Director of the Division of Zoning and Land Use Planning and shall be accompanied by information contained on the following checklist. Where the preliminary conference was held, the accompanying information shall be drawn from the following checklist as determined necessary at the preliminary conference. Additional materials may be submitted in support of the design and site plan. A. The design and site plan shall show the following: M (1) Scale and North arrow: one inch equals 20 feet or suitable for presentation determined by the Division of Planning. (2) All property and street pavement lines. (3) Existing and proposed contours. (4) Gross area of tract in square feet. (5) If parking is involved, show calculations for determining the required number of spaces according to this chapter. Give number of proposed spaces. (6) Proposed ingress and egress to the site, including on -site parking areas. Delineate traffic flow with directional arrows. (7) Designation of required screening between parking and adjacent areas. (8) Location of all existing trees with a diameter of three inches or more. (9) Location of existing landscaping that will be retained and proposed landscaping differentiated and shown on the plan. The tree size, number and spacing of all plantings must be illustrated. (10) Location of all existing (to remain) and proposed buildings on the site and all buildings within 50 feet of the site's boundaries (elevations). (11) Location of all existing (to remain) and proposed lighting standards and signs. (12) Location of all existing and proposed surface and subsurface drainage facilities. B. Elevations. Complete street elevations of all proposed construction and landscape elements containing the following information: (1) Scale of one - fourth inch equals one foot or suitable for presentation determined by the Division of Planning. (2) The location of all signs. (3) Designation of kind, color and texture of all materials to be used. C. Section profiles. Two section profiles through the site are required, containing the following information: (1) Scale of one - fourth inch equals on foot or suitable for presentation determined by the Planning Division. (2) Buildings. (3) Lighting fixtures and standards. 0 f� (4) Landscape elements. (5) Signs. D. Material samples shall be required for all man -made surfaces. E. Evidence of site control. F. Estimated project construction schedule. G. Identification of any permits from other governmental bodies required for the project's execution. H. A completed environmental assessment form (EAF) as per the provisions of SEQR. I. Such other information or documentation as the Division of Planning staff may deem to be necessary or appropriate for a full and proper consideration and disposition of the application. § 511 -143. Required fee. An application for design and site plan review shall be accompanied by a fee, payable to the City of Buffalo Planning Board, for each application as set forth in Chapter 175, Fees. The foregoing fees shall not be reduced by any fees which may be collected by various governmental authorities other than the City of Buffalo in connection with the approvals required under the provisions of this chapter. No public hearing will be scheduled without payment of design and site plan fee. § 511 -144. Planning Board decision. [Amended 5 -29 -2001, effective 6 -11 -2001] Within 62 days of the receipt.of the application for site plan review, the Planning Board shall render a decision. A public hearing is required prior to a Planning Board decision. Public notice of such a hearing shall be made by publication in a newspaper having a general daily circulation within the City of Buffalo at least 10 days prior to the hearing date. Written notice by first class mail will be sent at least 10 days prior to the hearing date to all property owners within 400 feet of the site of the boundaries and the members of the Common Council. The Planning Board may approve, approve with modifications or disapprove the development according to the standards outlined in this chapter. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. § 511 -145. General standards and considerations. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations: A. Notwithstanding the provisions of this article, the New York State Uniform Fire Prevention and Building Code shall be applicable and controlling at all times. B. The potential negative environmental impact of the project and the ability to avoid or mitigate such impact. C. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. D. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. E. Location, arrangement, appearance and sufficiency of off- street parking and loading. Each parking area shall provide for a system of snow removal and sufficient space for on -site snow storage. Snow may not be deposited in any front yard or in the public right -of -way. F. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience and safety. All walkways should be designed for individuals with mobility limitations. To provide accessibility, walkways should be constructed with a minimum three -foot width and should have a running slope no greater than 1 to 20. G. Transit stop waiting areas and shelters should be incorporated into the site plan. Bus stop turnouts and direct bus access to the site should be incorporated into the site plan whenever possible. H. Adequacy of sewage disposal, stormwater and drainage facilities must meet with Buffalo Sewer Authority standards. I. Adequacy of water supply facilities must meet with City of Buffalo Department of Public Works standards. I Adequacy, type and arrangements of trees, shrubs and other landscaping constituting a visual and /or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation. K. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants must meet City of Buffalo Fire Department standards. L. Special attention to the adequacy and impact of the structures, roadways and landscaping in areas with susceptibility to ponding, flooding and /or erosion. M. Overall impact on the neighborhood, including compatibility of design considerations. N. The project shall provide an adequate arrangement, design and general compatibility of structures, buildings and signs. C}. The project shall provide for the adequate protection of significant natural features and areas important to the community, including but not limited to trees, views, watercourses or bodies of water, landforms, parks, landmarks and historic districts on or near the site. d`{ .. § 511 -146. Specific standards and considerations. Design standards for new construction and rehabilitation. A. Building -to -site relationships. (1) The site should provide a visually harmonious transition to the pedestrian and vehicular users of the right -of -way. (2) The site should relate well with its principal building or buildings through adequate landscaping and circulation patterns. (3) Without restricting the height regulations of this chapter, new buildings and site accouterments should be compatible with adjoining buildings. (4) off- street parking areas shall be screened from the public right -of -way. (a) Screening. All off - street parking facilities which are visible from any public street shall be screened from view with either a solid wood fence or masonry wall not less than three feet high, maintained in good condition and shall not be located in any required setback or front yard. A landscaped berm three feet high may be substituted for a solid wood fence or decorative fencing in combination with landscaping may be used for screening. All proposed screening must be approved pursuant to § 511 -97. off- street parking facilities shall be similarly screened, usually with greater height minimums, on each side, adjoining or facing the side or rear lot line of premises used for residential purposes or situated in any R district. (b) Every off - street parking area and access driveway thereto shall be paved and shall be so graded and drained as to dispose of all surface water accumulation. (c) Any fixture used to illuminate any off - street parking area shall be so arranged as to direct the light away from adjoining premises used for residential purposes or situated in any R district. The intensity of lighting shall not be such as to interfere unreasonably with any premises. (5) When a site abuts more than one street, the development shall be designed to relate to all contiguous streets. B. Relationship of building and site to adjoining areas. (1) Adjacent buildings and grounds shall be harmonized with new construction or rehabilitation projects though the use of compatible building materials, landscaping, screens and other visual elements. (2) When a site abuts a more restrictive zone the proposed development shall provide a transitional area consisting of landscaping or other appropriate screening. (3) When an industrial use abuts a residential zone, the proposed development shall provide a fifty - foot minimum transitional area consisting of landscaping or other appropriate screening between the proposed industrial development and adjacent residential zones. C. Landscape and site treatment standards. (1) Where new construction or rehabilitation is built to the street property line, 5% of the lot area of the development shall be landscaped in accordance with this section. Where new construction sets back from the street property line, a minimum of 20% of the lot area shall be used to provide landscaping. The following standards shall apply: (a) The development of pedestrian scale in landscaping treatments shall be encouraged. Where a parking lot is located in front of a building, a paved, lighted and landscaped walkway must be provided from the street to the entrance of the new or rehabilitated building. (b) Landscaping treatments should be designed so as to enhance architectural features of buildings on the site as well as for adjoining structures. (c) Plant material selected for the landscaping plan should be hearty and as maintenance -free as possible. (d) The screening of refuse containers, utility yards or other uns.ightly areas shall be accomplished through walls, fencing, plantings or combinations of these. Such screening shall provide year -round protection. (e) In areas where plantings will not prosper, other treatments such as walls, paved areas or seating may be provided. (f) Lighting should enhance building styles and landscaping elements and not negatively impact adjacent properties. (g) For all new construction or rehabilitation projects all utilities must be underground within the site. (2) Where specific conditions prohibit strict adherence to this existing section, the Planning Board may, at its discretion, alter the landscaping requirements and may require a contribution to the Buffalo Urban Forest Fund. D. Building design. (1) The evaluation of the site's appearance shall be based upon the quality of its design and the way it relates to its surroundings. Such considerations of neighborhood character may be incorporated by amendment into this section as they become available. The following design and site standards of Chapter 511 of this Code are hereby incorporated into this section: (a) The Downtown Area Zone (Article XVII). (b) The Transit Station Area district (Article XVIIA). (c) Urban Renewal (Article XXVI). (2) Buildings shall be in scale with the surrounding structures. (3) Building materials shall harmonize with and complement adjoining structures and be of durable quality. Plain concrete block, plain concrete, corrugated metal, plywood and sheet press board shall not be used as exterior finish materials. (4) Windows, doors, eaves, parapets and other building components shall be properly proportioned and relate well to each other as well as with established patterns or architectural rhythms on existing structures. Large structures, those whose exterior walls are 1,500 square feet in area or greater, must incorporate building components or design features in such a way as to break up large wall surfaces on their street - facing elevation. (5) Colors will be harmonious, with only compatible accents permitted. (6) Mechanical equipment, refuse and waste removal areas, or other utility hardware on the building or the grounds, shall be screened from public view with materials which are harmonious with the building or they shall be so located as not to be visible from any public ways. (7) Lighting shall be integrated into the architectural design of the building. All lighting fixtures and appurtenances shall be compatible with the building's design. (S) The ground level of buildings must be separated visually from the upper stories through the introduction of a cornice frieze or other architectural element separating the first story from the second, the establishment of an arcade or other pedestrian feature, changes in building materials or material textures or other architectural treatments. (9) All glass used in the street - facing windows or doors shall be clear or lightly tinted with harmonious shades. Reflective glazing materials shall be prohibited. (10) All flat roofs must be surrounded by a parapet and all pitched roofs shall be harmonious with the established roof configurations in the district. E. Signs. (1) Accessory signs will be of a scale compatible with the buildings and grounds. (2) The colors and textures of accessory signs will be harmonious with the building's design. (3) Logos and other graphic elements will be held to a minimum. (4) Accessory signs shall also be compatible with similar signs on adjoining premises. § 511 -147. Approval. Upon compliance with the provisions of 5EQR, the approval of a final design and site plan and payment by the applicant of all fees due the City, the Planning Board shall endorse its approval on a copy of the design and site plan and shall immediately mail it and a written statement of approval to the City Permit Office, the City Clerk and the applicant. § 511 -148. Approval with modifications. The Planning Board may approve the final design and site plan subject to any conditions if such conditional approval is permitted under SEQR or any of its regulations. A copy of the written statement containing the modifications required by the conditional approval will be mailed to the applicant. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees to the City, the Planning Board shall endorse its approval of the design and site plan and shall immediately mail it and a written statement to the City Permit office, the City Clerk and the applicant. § 511 -149. Disapproval. Upon compliance with the provisions of 5EQR and the disapproval of the design and site plan, the decision of the Planning Board shall immediately be mailed to the City Permit Office, the City Clerk and the applicant. § 511 -150. Effect of approval. [Amended 5 -29 -2401, effective 6 -11 -2001] If the Planning Board approves the application or approves it subject to modifications or conditions, which are acceptable to the applicant, such approval shall not authorize the establishment or extension of any development, construction, reconstruction, alteration, demolition or moving any building or structure but shall merely authorize the preparation, filing and processing of applications for permits or approvals which may be'required by all applicable laws of the City and the state. § 511 -151. limitations on approval. No design and site plan approval shall be valid for more than one year from the date of issue, unless a building permit is issued and construction has actually begun within that period and is commenced within that period. § 511 -152. Amendment. [Amended 5 -29 -2001, effective 6 -11 -20011 An approved design and site plan may be amended at any time. The amended design and site plan may be subject to the same standards and limitations as provided in this article for original design and site plan approval if deemed necessary by the Planning Board. The Planning Board will consider the nature and extent of the amendment, the impact of the change on the surrounding community and the basis or rationale for the amendment. § 511 -153. Appeals. M Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the City pursuant to this article may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice taw and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the City Clerk. § 511 -154. Penalty for noncompliance. No certificate of occupancy or use permit shaft be issued unless all aspects of the design and site plan approval are met. § 511 -155. Elmwood Village Desi n Standards A. Legislative Intent. The Elmwood Villag Design Standards have been created to ensure that future develo ment includin new construction as well as alterations to existing Wilding) in the Elmwood Village maintains and enhances the unique character and scale of the communit . 1. Important aspects of community character can he protected or enhanced in areas where it has been lost or encroached upon_ a. Pedestrian- oriented building and site desi n; b. Mixed -use buildings; c. Small scale appearance{ d. Creativity and eclecticism. 2. Sp ific ta_be met thr h_the i nainte an enh of these i as ects of communit c haracter: a. The easy identification of the Elmwood Villa e as a uni ue place within the City and region; b. _A lively and active street life in the Elmwood Village; c. The promotion of safe and pleasant pedestrian access to and around the Elmwood Viler d. The promotion of small -scale commercial enterprises that com rise the intricate web of commerce kee in the Elmwood Villa e health and vibrant. B. District Boundaries: The E lmwood Village Design Standards District shall include all com mercial properties located within the area extending n orth from the north side of North Street to the south side of Fo rest Avenue and west from Delaware Avenue (e xcludi.n�rooperties fronting Delawar Avenue to the e ast side of Richmond Avenue. C. Definitions: Definitions relevant to the Elrnwoad Villa e Desi n Standards. 1, Accordion Gate: A metal gate assembly jointed so that it can be moved to and locked in position across the window or other opening, in order to prevent unauthorized entry through the opening_ 2. A wning: A roof -like cover extending over or in front of a storefro ( as over the d eck or in front of a d oor and /or window) as a shelter. 3. Bay: A main division of a structure. 4. BU window: A window or series of windows forming a ba y in a room and r_ojecting outward from the wall. 5. Belt Course: A narrow horizontal band proiectina from the exterior wal of a building, usually defini the interior floor levels, G. Bulkhead: The area below the di windows at th sidewalk level. 7. Canopy. An ornamental roiection, over a door, window, niche, etc. 8. Coili Shutter: A m oveable screen or c over used t p rotect an op 9. Clerestory an outsid wall of a roa or building that rises abo a n adjoining roof and c ontains windows. 10. Column: A s u Cortina post - -often round in shape --found on storefronts, torches, and balconies; may be fluted or smooth. 11. Cornice: The projecting uppermost portion of a wall sometimes treated in a decorative ma nner with brackets. 12 , T face of a bAdin espe cially t lae_princi� a.l fa ce, 13. Fascia Signboard: A flat h member of a build having to be used for a nameplate over the front of a shop 14. Fenestration: The arrangement of windows in a wall. 15, Frie ze: The portion of the facade found just below the point where the wall surface meets the building's cornice or roof overhang, 15. Front Lot -Line: On a regular lot, the front lot line is th shared line between the lot and a sidewalk/public right-of-M 17. G abl e roof: A roof that consists of two sloping lanes that rrieet at the rid e_o peak. The planes are supported at th eir ends by triangular, upward extensions of walls kno as ag tiles• 18. Mansard Roof: A roof that has two slopes on all four sides. �i 19. Massin of the Buildin s : Tlae combined effect of the arran ement volume and sha e of a building or group ofbuildings. Also called b► lk, 20. Parape The portion of a n exterior wall that rises entirel above the roof usuall in the f orm of a low retaining wall; the parapet ma be shaped or stepp 21. Pilaster:_ A_ shallow pie attached to a w oft decorated to resemble a classical column. 22. Public Ri ht -of -Wa :Includes the sheet curb and sidewalk area in front of rivate property at the front lot line. 23. Scale: A relative level or de ree to make in accordance wi a particular pro or scale with the surroundin ag rchitecture. 24. Secretary of the Interior Design Standards: The U.S. Secretary of the Interior sets the standards for nation preservation prggEams, The Standards for R provides ruidclincs for rehabilitation a nd adaptive reuse of historic properties. 25. Setback: An architectural expedient in which the upper s tories of - g . tall buildin> are stepped back from th lower st ories . ned to permit more li ht to r each the street. 26. Side light: A fra area of fixed glass alongsid a door or window openin 27. Storefront: The front side of a store 6r store buildin facing a st reet. 28. Texture: The visual or tactile surface characteristics and appearance of a buildin, 29. Tran A small-hinge window above a door or another wind 30. Transpa Gl ass — Degr of I inti Capa trans ittin li ht so tha o bjects may be ea sily_ se on the other side. 31. V A sh ort dra e decorativ board, or m etal strip mount a cross the bott of An awn o conceal struc fixtures. 32. Viewin Zone: The viewable ,_o rtion of a storefro from the outside s idewalk. D. Community Notification. In addition to the Ci 's normal notification procedures, the followin additional notification rocedures shall a 1 to all commercial ro ert ies within the boundaries of the Elmwood Village Desi,n Standards District, residential prct erties that are req uested to be rezoned to a commercial us or wher a demolition is requested: Within three b d ays of re of an application for a building perm a demolition ep rmii, or a rc r the Cit will transmit a _c_opy of the appli to the a prroopriate contact person at the appropriate community or anization These contact peopl will be kept oq file in the offices of the Cit staff assigned to the Plannin Board and Preservation Board. It will be the responsibility of the c ommunity groups to key this information current, 2. The City Planning Department staff person or persons responsible for the Plannin Board Zonin Board and Preservation Board a endas will transmit the a endas of said Boards to the a ro riate contact erson s at the community nization s or a seven business da,�prior t t he subiect board meei Immediately u submission of an application for a buildin hermit or a rezonin_ request the applicant is re aired to affix 4-p ermit re nest si �n to the sub'ect roe , i►� such a location that it is im — mediately visible from the ma'or street which the P —r O-P abuts. Said si n shall state the nature of the ermit re uested building permit, demolit permit application for rezoning, etc.1 and the appropriate p hone number to call for more information. Such sign will be applied by the a licant at their ex ense and will be made and rinted with durable material to withsta weather elements and will be a minimum size of 4 feet b 4 feet. Such si n must be dis la ed for a minim of 10 days prior to p ublic hearin . Photo #1 below F- Demolitio Dem of st for re ason s oth than to preserve public health safety a nd/or welfar a re not en An ra sed demolition ohrivate pro ix�ust hav d reuse p lan reviewed and a _proy under this Article prior to demolition. F. Buildina to site relationships. Site design shall be oriented tgwygd the edestrian. 1. Building shall be built to the front lot -line _with setbacks of u to 10 feet from the lat line allowed to accommodate vedestrianjrienftuses such as outdoor eatin s aces small public plazas or sitting areas that welcome pedestrians, but impede p edestrian traffic. 2. Parkin will nqt be allowed in front of or at the sides of buildin s. Parkin shall onl be permitted behind buildings. 3. N site uses shall accommodate existing m ature trees and all sites shall incur orate ApPLOp landsc_a in 4. New buildin s built on coiner lots shall be laced on the lqt in such a wa that the hold the corner by building to the front and side street lot lines. Dum sters shall he com letel and attractivel screened from the ublic ri ht of wa . G. Specific standards and considerations. 1. S cale. New buildings shall main tain the redominant_ scale of other buildings in the Elmwood Dist rict: a. New buildings sh all respect the redominant hei ht of build within the area. Drawin l)The predominant height of buildings is between two to two and one half stories sometimes with the 2 ' /2 story portion located behind a one or two stoty storefront. This height provides noise se - p aration bet residential neig and the commercial stree creates the density level that are critical to maintainin a viable and�edestrian- fri commercial distrie an contribute to the safetv of the district and its liveliness. One storZ bu ildi n.s and buildings of mor tha five stories are considered inappro � l I Not Appropriate t1uCdr 1 Appropri tate Q min Not Approprkite Drawing; # 1 b. The floor to floor height of the ground floor story shall be atOproximate 15 to 18 feet tall or ap proximate! SO% reater than the u der story floor to floor heig h t(sl t,;ppe r Facade Dower Facade ( storefront) Drawing #2 New sto refronts shall re spect the predominant width of storefronts in the Elmwood Village which tends to be not mor th an 25 feet wide. Where a new storefront is intended to be wider than this it should incorpor architectural elem such as ba s columns and divided windows, that allow it to appear to be several smaller storefronts and thus allow it to be subdivided into smaller storefronts in the future. Drawing #3 General Design. Architectural designs and details that res ect the ch aracter of the Elmwood Village sh all be incorporated to encoura e building design diversity, break up the mass of lar er buildin s and create a strop edestrian orientation. a.. T raditional organizatio com positio n, includ a str art low f a ade an identifiabl fa ade and a d ecorativ e cornic c in gthe buildin is en coura ed Drawin #2 }. Buildin s shall create visual se aration be the lovs!er facad and th upver fapade, as this creates a strop orientation toward the p edestrian. Some design eleme that are particulaEly successful in creatin this separation _include utilizi awings #4, note 9), vaKyin window patterns (Drawings #4 note 10 and ineor oratin sin friezes or storefront cprnices (Drawings #4 note I I). Si na e extendin ah the first story of buildin is discou ged_ for�fl us that do n ot ext to tpp fl # 4, note 12 IL Drawings #4 Include design elements such as window bas columns awnin a changes in material or texture and window and entrance design and placement, a way that serves to break up the massin of the building. d. Details on existiu buildings such as transoms decorative cornices, pilasters, columns, or beltc are encouraged and should not be covered up or removed from existing buildings. C. Exterior materials shall be dur able and of high quay. ©n facades that are casilX visible from the streetf ),synt materials that mimic natural materials ( such As vin siding, dry or conc block) may be not be used. f. Buildings built on corners or on lots where the size or setback of adjacent buildin s makes more than one side visible from the ublic right -of waX, must treat each visible side as a rimy fa ade and incarporate the appropriate details, materials, and fenestration. g. Roof design shall be functional and in -s cale a nd character with the building and the community. In the Elmwood Vi ll, age roofs areeneraliy either front gabl steeply - pitched or flat /slightly itchcd sur rounded b a ara et Drawin s #5 note 1.3). R should not m ake up mor tha 25% of the visible fWade area of the building #S, note 1 .4 exce t w here the portion of the roof on the facade is considered_ "useable space," as with a Mansard style roof. The cornice and /or ara et is an area where architectur detail and materials are important as thev can add distinctiveness and visual emphasis to a building, but they should be de signed to be consistent with the body of the desi n in scal and detail. 13. 14. Drawings #5 h. Mec hanical equipment should be located on t he rear of buildings or on the roof and b pro perl sy Cree �e g . w!i a �aral Entrances: Entrances shall be well articulated and oriented toward the primary street. a. A detail shall be incorp orated into the round floor fa ade in order to create an easily identifiable and welcoming, entrance, This is icallX r` accozn Lisped throw h: recessed entri placed between t di window ( Drawing #6 note lS decorative or distinctive entrKwa avin Draw #b note 16 bulkheads of contrastin materials Drawin #6 note I7 — note that bulkheads should not extend higher than 30 inches frarn the round l ane; and /or per pendicular signage ar ayvnins acecl directloyer the entran (Drawing #6 note 1.8 A. 7. 1 t,). Drawing #6 1 ts, Major entrances sh be oriented toward the p street. Un no circu mstances sho uld a bui lding's Dim ary entr be loc thr a par king l ot. (Drawing #7) Drawing #7 Fenestration. Window de si n should respect the window atterns includin size pro portion, sp and rhyt of t he street. First floor window a nd display des should create a feeling of t on the ground floor of the building. T_h__i cont ributes to a sense of safety and is welcnrrzin to edest a. The view zone of the first floor facade from 2 to — 8 feet ab ove the ground pLanel should be made u T of a roximatel 75% trans arent lass. Si ns aimed on windows an d tem ora window si ns are encaura ed so lon as the do not ,I )P obstruct mo interior. This amount of transparent, unobstructed glass is necessary on first floor facades in order to provide a sa fe and welcoznin sidewalk environment. Where a new buildin Y is to be located on a c orner, each side visible from a street would be c onsidered a printary storefront f and i these fenest patterns. unless doing so should be unduly obtrusive into-q- rimaril residential street. (Drawing #S� Drawing #S S ill heights for windo displays should not exceed 3 0 inches. Window displays are encourag but visibilit y into the bui lding from the sidewalk should be maintained. Drawin #9 Drawing #9 C. Display windows s hould enerally be designated a large fill Mass openings. Smaller panes or ornamentations on storefront wind should eg nerally be reserved f or clerestories or sidelight az'e so as not to_rescnt a residential or fake historic character. d. Up er stories should ineor orate window atter and designs_ that are compatible with and com limenta to existin u _ p er sto window atterns on t he block. e. Existing wind transoms, or sidelights ar im portant scale and character el ements and should only be covered up or changed in size in an effort to restore the on final a eara of the building. Tran d should be retained and not replaced with translucent glass or an o auue zzateri_a_[_ f. Securitv devices such as coiling shutters and accordion gates are discoursed on front facades. Alternative securit devices such as lighting—alarms, and interior barriers are �enerallX more effective in deterring crime and less likely_to crcate an o ressive or unsafe feelin on the sidewalk. s. Si na e and awnings should be pedest rian-oriented in size $i na a and Awnin p lacement, material and color. FerRendicular suns placed abo 8 to 12 feet above t lane extend'in no more than 5 feet from the building face, and with _a total area of no more than 16 sq, ft. are s I encd. No more than one horizontal _sg 1 i per establishme shall be ermined exce t in thos instances where an establishment has more than one customer entrance or faces onto more than one up blic - -of -way. Drawing 1110. Walt s igns attache flush to t bui facad are al eneour so tan as t_laey_do n ot ex tend above t he r oof[ ine a nd do no obsc arc det ails or featu includin w indows _t ransoz n s� and c cx bu there will often be a fasci signboar spot -ab ove the first fl win and entryway whe re wall signs can be attached. Drawin #g_ 11, n ote 23 �r Drawing # I 1 23 C. Si ns far round floor esta blishments shall not extend above the ground floor fa ade unless the establishment itself extends to the u er stories. d. Freestanding p ole si ns should not be used under any ci rcumstances. Freestanding si gns may be permissible in circumstances where a commercial use is b eing; de vel ope d ope in a buildin that ha alreLdy been develope with a substantial setback from the prop line such a s offices being dev , in f ormer resident space j. Under these circumstances fr eestandi n g signs shQuW not p ro ect alt the ro erty line obscure the_buildin = be more than five feet in total he or have a tota area =eeding 16 s ft. Nor should these signs extend a ll the way to the g round allowing someone to c them beh them. T h es e si ns should be set back at least 2' from the opt right -of -way. Under no c should signis . or awnings be _attached to.a_b_u_il_din in such a way that obscures or dama es significant architectura eleme of the building. Awnin s that are functional for shade and shelter °p oses are encoura end. The se awnin s should be m ade of canvas or a canvas -like material should fit the slaa and scale of the window or door they are sh elterin and should be desi ned to be compatible with and complimentaty to buildin si na e and design. Awnings should not be considered signs and lettering or si na e should not be located on any portion of an awnin, including tlae valance g. Un der no ci should—plastic-formed or vacuum - formed aw or anv other styl of awn whale primarypu�pose is to act as si 11a be pe �itted. Un no circumstanc may awn in s or si ns be backlit or intern lit Instead lighting should typically come from direct shielded lig ht sources and be careful integrated) into the overall design of th buildin so as to provide vi sibility and safe but to avoid creatin tare or li ht distribution t hat adversely! affects motorists edestrians or nei hhorin ro erties. Neon si ns and accents are art ofthe c haracter o the Elmwood District and are enerall encoura ed so lon as the are careful] desi tied with sh and colors that complement the architecture of the buildin the district. Tem ora neon advertisin si n s shall be limited to no morc than two individual si gns per storefront. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. ON LEGISLATION. M City Clerk's Department BUFFALO January 23, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED January 20, 2009 Budget and Personnel Amendment (PW) Gerald A Chwalinski City Clerk KY . . Ms. RUSSELL 0006 BUDGET AND PERSONNEL AMENDMENT 32 — PUBLIC WORKS, PARKS & STREETS 1094 — DIVISION OF BUILDINGS/ADMINISTRATION The Common Council 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 32 — Public Works, Parks & Streets,l09l-Division of Buildings I Administration which currently reads: I Senior Inventory Clerk $ 33,260 - $ 37,418 Is hereby amended to read: I Account Clerk `Typist $ 29,931 - $ 33,111 IT IS HEREBY CP;R`I' RED, that a personnel requisition incident to the creation of the above - mentioned position., containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position S'T'EVEN J. STEPNI.AK, COMMISSIONER OF PUBLIC WORKS, PARKS & S'T'REETS AND DONNA ..I. ESTRICH, DIRECTOR. 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 recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. IRKS, PARKS & STREE'T'S DONNA J..ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVI::o AS `r0 FORM ; Cor oration Court 1 so 0 /05/2009 At €achmeat SOA DEPARTMENT OF PUBLIC WORKS, PARRS & STREETS BYRO.N W. BROWN MAYOR December 31, 2008 Donna Estrich Director of the Budget 203 City Hall Buffalo, New York 14202 Re: Salary ordinance Amendment } S'I'JIVEN STEPNIAK COMMISSIONER PETER j. M'BIU,0, 1'_E, CI'T`Y 1 NGIN1 ksR The Department of Public Works, Parks and Streets requests that the following Salary Ordinance Amendment be approved. Eliminate: 1 — Senior Inventory Clerk $33,260 -- $37,418 (13291001) Create: 1 -- Account Clerk - Typist $29,931 -- $33,111 (13291001) On April 25, 2008, Christine Serafin retired from this department as a Senior Inventory Clerk. While with this department, Mrs. Serafin assisted the Deputy Director of Building Operations in the daily operation of the Building functions. Mrs. Serafin was also heavily involved in preparation of the Division of Buildings budget, and the inputting of various O &M and Capital project vouchers into the City MUNIS system. It is my desire to replace the Senior Inventory Clerk with an Account Clerk- Typist as the more appropriate tide needed to do this work, and that change would result in a $3,329 savings. I therefore request that this Salary Ordinance Amendment be approved_ Very truly yours, � Steven J. Stepnlak - =' Commissioner SJS /CAM cc: Peter J. Merlo, P.E. Joseph Scho }lard 6S NIAGARA SQUARE / 502 (11Y I1ALL / BUFFALO, NY 14202 -.3373 / (716) 851 -5636 / FAX: (716) 851 -4201 / Em211: sstcpniuk(A�city - buff tlo, cot n *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS L_QCURT0* RIVERA RUSSELL SMITH ------------- f MAJ - 51 0 [2/3 - 61 [ 3/4 - 71 I'vi 00062 By: Mr. Smith RE: Appoint Legislative Aide Whereas: i hereby appoint Tiffany R. Lewis, residing at 81 Clarence, Buffalo, New York, 14215 to the position of Legislative Aide in the Masten District Council office; and Now, Therefore, Be it Resolved That: C01 Tiffany R. Lewis is hereby appointed as a Legislative Aide in the Masten District office pursuant to section 3 -7 of the Charter of the City of Buffalo, to be effective January 19, 2009. REFERFUE "M 'THE_ COMMI ON III.., SERVICE f Af101;`_1 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo �fi Amer Back S h an a... Jill Balicki Marie-- - -------- Bartlett Sharon D Biela Shirley Gary --- Bienkowski Dugga Kerry - - - - -. Emery Joan - Ervin Evans Ne cole Tiana Foley Foster Andrea Patricia Jo Gibson Marta Henneberger Melissa A. Jarosz C ynthi a Kasprzyk Cheri S ' tewart Lillis 'f7hom M. Lipp David M. Melissa Liska Maconaghy Lori Orlando Deborah Ozark Barbara E. Piatkowski Pierakos Reed Dawn Thalia M. Darrell J. Rivera Rizk Roslyn C. Judith R. SOLiYeigert Shannon M. Spencer Megan K. Stevanovic � Renata Thi Cheryl D. Thom as Sherry Wallcot Patoria Valencia M. Williams- Judith W. Yetter Erin E. Golab Marta Corbett, Megan E. El- -Amin, Shirley A. Fahey, Christopher J. Feldman, Peggy J. Finnegan, Richard M. Filim, Peter M_ Greeley, William J. Fortunato, Sharon Kennedy, Theresa M. foster, Diana Koch, Walter E, Garbe, Elaine Kane - Lockwood, Bonnie Giwa, Jerelene Miles - Kania, Catherine Glover, Warren F. Schmid, Jacqueline A. Hargro, Alexis 11. Adanti, Lee J. Hill, Melinda Kramer, Susan Knightner, Deirdre J. 7uchlewski, Dale Lane, Peter M. Maraschiello, Mark R. Leidolph, Doreen, M. O'Donnell, James C. McNaughton, Catherine D. Ring, Timothy D, Nelson, Sharon L. Rowe, Vanessa Nwabugwu, Ndidi Farley, John P. Parsons, Elwood Rak, Genevieve a. Piccolo, Suzanne M. Lesniowski, David J. (prior approval, middle initial Rodemeyer, Gregory S_ correction) Rodriguez, Yolanda McHugh, Kristen M. Rogers, Darwin I.ovegrove, Edna (not included on prior approval list) Ruise, Darrell J. Alnico, Stephanie Sanchez, Denise Blachura, Diane A. Sebastian, Paula Blando, Debra A. Solomon, Vanessa Brinkworth, Maureen M. Suarez, Maria D. Caico, Robert Torres, Ivy J. Cannizzaro, Audrey Uzdygan, Nancy A. Cannon, Rhonda Walls, Dolanda Chase, Barbara M. Williams, Gaynell Daniels, Anita Wrobel, Chet J. De Leon, Magdalena TOTAL : 1 36 ADOPTED 00O6 f BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Nicole Blackwell Scott W. Gehl Suzanne M. Grillo Kathleen Merwin Total: 4 V V;� 00065 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil. Service Tuesday, January 27, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, January 27, 2009 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. "Tuesday, January 27, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 27, 2009 at 2:00 o'clock P.M. Public 17 isclaimer ): All meetings are subject to change and cancellation by the resectiye Chairmen of Council Committees. In the event that there is sufficient time Rriven for notification, it will be provided. In addi there may be meetings set u p whereby the City Clerk's Office is not made aware, therefor un we receive notice from the respective Chairmen, we can only m ake notification. of wha we are made awar 00066 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kam, the Council adjourned at 2 GERALD CHWALINSKI CITY CLERK Jan 20, 2009 BOARD OF POLICE AND FIRE PENSION PROCEEDINGS 91 OFFICE OF THE MAYOR -209 CITY HALL JANUARY 15, 2009 Present: Daryl McPherson, City Auditor, Alisa Lukasiewicz, Corporation Counsel 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 January 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 -2. NOES -0. NO.2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of , January 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 -2. NOES -0. NO. 3 On motion by Mr. McPherson seconded by Ms Lukasiewicz the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. SPECIAL SESSION JANUARY 13, 2009 NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 6, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 13, 2009 at 11:00 A.M. for the following purposes: To receive and take appropriate action on: All Items Relating To 1,) Veto Message - Capital Budget Franczyk President of the Council TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 6, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffafo, New York, on January 13, 2009 at 11:00 AW, for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1 ,) Veto Message - Capital Budget Yours very truly, Gerald A. Chwalinski Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you tail a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Veto Message - Capital Budget We request that this Special Meeting be held on January 13, 2009 at 11:00 A.M. Richard A. Fontana Michael J, LoCurto Bonnie E, Russell David A. Rivera Michael P. Kearns Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS, JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 13, 2009 at 11:00 AM Richard A. Fontana Bonnie E. Russell David A. Rivera Joseph Golombek Jr. Michael J. LoCurto Michael P. Kearns Demone Smith Brian C. Davis STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 6th day of January 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same.. Gerald A. Chwalinski Commissioner of Deeds, in and for The City of Buffalo, NY My Commission Expires 1213112010 RECEIVED AND FILED NO. 2 RECESS Mr. Fontana made a motion to Recess until 2 pm Wednesday, January 14, 2009 seconded by Mrs. Russell RECEIVED AND FILED NO 3 RECONVENE The Common Council reconvened at 2:00 PM with the following Councilmembers in attendance: DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH RECEIVED AND FILED NO.4 R. FONTANA - RESPONSE MAYORAL VETO- 2009 CAPITAL IMPROVEMENT BUDGET (NO. 45, CCP DECEMBER 23, 2008) Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Franczyk CARRIED. Mr. Fontana now moved that the above items be received and Ned. Seconded by Mr. Franczyk ADOPTED. NO. 5 MAYORAL VETO MESSAGE- 2009 CAPITAL IMPROVEMENT BUDGET (NO. 1, CCP DECEMBER 23, 2008) Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Franczyk CARRIED. Mr. Fontana now moved that the above items be Seconded by Mr. Franczyk ADOPTED. AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA - 5 NOES -- DAVIS, GOLOMBEK, RUSSELL. SMITH — 4 SUSTAINED NO. 6 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Councilmember Smith the Council adjourned at 2:15 pm GERALD A. CHWALINSKI CITY CLERK SPECIAL SESSION JANUARY 14, 2009 NO, 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwafinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 13, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 14, 2009 at 2:05 P.M. for the following purposes: To receive and take appropriate action on All Items Relating To 1 .) Amend - Capital Budget Yours very truly, David A. Franczyk President of the Council Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL KEARNS MICHAEL LOCURTO DAVID A RIVERA BONNIE E RUSSELL DEMONS SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 14, 2009 AT 2:05 PM DAVID A RIVERA JOSEPH GOLOMBEK MICHAEL J. LOCURTO BONNIE E. RUSSELL RICHARD FONTANA BRIAN C. DAVIS MICHAEL P. KEARNS DEMONE SMITH STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 13th day of January 2009 before one, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 NO.2 ADJOURNMENT On a motion by Councilmember Fontana Seconded by Councilmember Russell, the Council adjourned at 2:20 pm GERALD A. CHWALINSK CITY CLERK COMMON COUNCIL January 13, 2009 11:00 A.M. 1. Call For Special Session R &F 2. Recess_ ___ R &F 3. Reconven _ _ _ _ R &F 4. Take From Table- Response --- Mayor Veto Message- Capital Budget R &F 5. Take From `fable- Veto- Capital Budget as Amended SUSTAINED 6. Adjournment ADOPT COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION Tuesday, January 13, 2009 at 11:00 A.M. PRESENT : David A. Franczyk President of the Council, and Council Members Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. 'SAYE* NO * DAVIS FONTANA * '� FRANCZYK * ' GOLOMBEK KEARNS LOCURTO R.IVERA * f RUSSELL * ' SMITH -------- - - - - -] �MAJ- 51 9 0 [2/3 - 6 [314 - 7] jPre c4ou=il CITY OF BUFFALO January 6, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 6, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 13, 2009 at 11:00 A.M. for the following puposes: To receive and take appropriate action on : All Items Relating To 1.) Veto Message e Capital Budget Yours vory truly, 1 /David A. Frarrczyk President of the Council GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Registrar of Vital Statistics January 6, 2009 65 NIAGARA SQUARE ROOM 1388 CITY HALL BUFFALO, NEW YORK 14282 PHONE: (716) 851-5431 FAX: (716) 851 -4845 TO EACH MEMBER OF THE COMMON COUNCIL: OFFICE OF THE CITY CLERK YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of hive Councilmembers, dated January 6, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 13, 2009 at 11 :00 A.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1.) Veto Message - Capital Budget Yours very truly, Gerald A. Chwalinski City Clerk January 6, 2009 Hon. David A. Franczyk President Common Council I3I5 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Veto Message - Capital Budget We request that this Special Meeting be held on January 13, 2009 at 11:00 A.M. � r i J Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS , JOSEPH GOLOMBEK f MICHAEL LOCURTO ;BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS "DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 13, 2009 at 11:00 AM STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 6th day of January 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, N.Y. C" My Commission expires 12/31/10 Gk) ��; .� c�� C ... � �_ � c�. ���� c� � -- � 1. � � �� -� � j c�. n(( �MAAA,�j x The Common Council reconvened at 2:00 PM with the following Councilmembers in attendance: *AYE* NO * DAVIS LOCURTO * FONTANA RIVERA FRANCZYK * * GOLOMBEK * * KEARNS LOCURTO * * RIVERA RUSSELL SMITH * '� [ MAJ - 5 ] * 9 * A [213 - 6] [314 - 7 ] No. If R. Fontana — Response Mayoral Veto- 2009 Capital Improvement Budget (No. 45, CCP December 23, 2008) Mr. Fontana moved that the above item be taken from the table. Seconded by CARRIED. Mr. Fontana now moved that the above items be received and filed. Seconded by e F r a 1 )C, Z, ADOPTED. Y/1" No. Mayoral Veto Message- 2009 Capital Improvement Budget (No. I, CCP December 23, 2008) Mr. Fontana moved that the above item be taken from the table. Seconded by t Mr. Fontana now moved that the above items be Seconded by �, ADOPTED. V (�' . , V Y.". Z-1 PC- �N'P£E� T0: TI-IE COMMON COUNiCIL DATE: December 15, 2008 J FROM: THE EXECUTIVE DEPARTMENT SUBJECT: 2009 Capital Budget Veto Message I have reviewed the Common Council's action on the 2009 Capital Budget and hereby sustain and approve seven of the Common Council's additions while objecting to the remaining five additions as outlined below. In accordance with §20 -26 of the City Charter, I hereby veto and object to the following Common Council additions to my 2009 recommended Capital Budget as I believe that these additions were irresponsible especially given the uncertain economic times at the National, State, and Local levels. I believe that certain of these additions constitute inappropriate pork barrel spending: OBJECTIONS PURSUANT TO 20 -26 OF THE CITY CHARTER ® Delaware Distrietwide Infrastructure Repair /Replacement ($743,150); M Fillmore Distrietwide Infrastructure Repair /Replacement ($743,150); ® Lovejoy Distrietwide Infrastructure Repair /Replacement ($743,150); ® Niagara Distrietwide Infrastructure Repair /Replacement- Riclunond Avenue - Lighting ($150,000) 9 South Districtwide Infrastructure Repair /Replacement ($593,150). However I have sustained the following Common Council additions: SUS` A(N>l D COMMON COUNCIL ADDI'T'IONS South Distrietwide Infrastructure Repair /Replacement of Cazenovia Casino ($150,000); * Franklin-Linwood-North pearl Street Infrastructure Repair /Replacement ($321,680). Masten Districtwide Infrastructure Rapair /Replacement ($593,150); • Niagara Districtwide Infrastructure Repair /Replacement ($593,150); Ellicott Districtwide Infrastructure Repair /Replacement ($743,150); o North Districtwide Infrastructure Repair /Replacement ($743,150); • University Districtwide Infrastructure Repair /Replacement ($743,150); I must first note my strong objection to the Common Council's decision to cut 32% from my recommended capital budget, which was fully consistent with the Citizens Planning Council's recommendations. Although I do not have the authority to veto Common Council deletions, I am compelled to state my objections to these irresponsible actions. In cutting $5,638,354 in Citywide Infrastructure funding; (including $1,070,000 in strategic planning funding), the Common Council has greatly jeopardized the City's ability to address significant infrastructure emergencies and has reduced the Department of Public Works' flexibility to manage the City of Buffalo's infrastructure needs in a comprehensive and strategic manner. J In addition, I was further disappointed in the Common Council's decision to delete $365,000 earmarked for the police and Tire radio system. I do not support such a cut to a necessary public safety project. As you know, both the Police and Fire Commissioners communicated the necessity of this funding in - writing. 1 also disagree with the Corr €moo Cor €ncil's assertion that this project may be funded out of the City's efficiency grant allocations in that the NYS Division of the Budget imposed a $5 million annual spending ceiling with this sum, already allocated and consequently unavailable. This year's grants were approved by the Buffalo fiscal Stability Authority on August 20, 2008 and are in the implementation phase; therefore this is not a legitimate source of money. A $3.3 million capital outlay fund was also indicated as a potential funding source -- -this does not exist in the budget. Therefore there was no reasonable basis for these deletions. I also must state my objection to the Common Council's $321,680 cut in funding for improvements to City Hall. City Hall is not only a place of business but is also listed on the National Register of Historic Places. My administration has made it a priority to improve the duality of the conditions both externally and internally in City Hall, and the Common Council's action to delete funding has compromised this endeavor. It must also be noted that I have sustained the Common Council's $150,000 addition to the Cazenovia Casino and the $321,680 addition for the Franklin - Linwood -North Pearl Street replacement project as I agree these are important. Also, although I have objected to the additional $150,000 for the Richmond Avenue lighting project, I agree that this is also an important project but believe that it would be most appropriately funded out of the $593,150 added for Niagara Districtwide Infrastructure replacement and my administration will aggressively pursue the implementation of this project. For the foregoing reasons I hereby veto and object to the five Common Council additions as specified in this communication, and return the 2009 Capital Budget to the City Clerk in accordance with Article 20 of the City Charter. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SI GNATURE OF DEPARTMENT HEAD: __ I-AID ON THE TABLE 1 City Clerk's Department BUFFALO December 15, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO r .. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 Capital Budget Amendments PASSED December 15, 2008 L-ir%f- V ens Gerald A Chwalinski City Clerk \. fell CAPITAL BUDGET AMENDMENTS 2009 Mayor's Recommended Capital Budget Mayor's Recommended 2009 Capital Improvement Budget Budget Common Council Deletions Adjusted Budget after Common Caundl Deletions and Prior to Common A dditi ons Council Additions Common Council Approved Budget era ect 202,000 202,000 202,000 BldgI08005 Autumnwood Senior Center Reconstruction 107,000 107,000 107,000 BldgOB007 District Heat Distribution System Replacement 214,000 214,000 Buffalo Public Schools Bid &9001 Cit Hall 463 463 667 bps09001 Reconstruction of Various Schools $2,000,000 Bldg09002 Critical Infrastructure /Key Resource Protection perthc Buffalo UASI NIPP - Homeland Securit $2,000,000 $2,000,000 bpsD9002 Chimney Reconstruction 1,500,000 Bld 09008 (Community Centers 1,500,000 1,500,000 bps09003 Oil Tank Improvements 820,000 Genesee - Moselle Clinic Repairs and Improvements 820,000 820,000 bps09004 Mechanical/Electrical Reconstruction Various Schools 780,000 Broadway Market Broadway General Improvements 780,000 780,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 $0 $5,100,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLI $5,100,000 Edward Saunders Roof Repair $5,100,000 $5,100,000 20,760 Lafayette Ice Rink Im rovements 168 000 1168 000 City of Buffalo City Commumity Centers - Em!Tency Repairs 163177 Buffalo& Brie County Historical Society 163177 Bld 09007 C!! Service Buildings BEHS07002 Upgrade Electrical Systems $642,000 i $642,000 $642,000 Firs Dept Clb2rlde Libraries BFDO7001 Purchase Fine Apparatus 1,852,155 1,!152,156 1,952,155 DPW - Buildings Division Police Dept L� ! l. B1dgD8001 Condition Assessment of City Buildings 635,000 (535,0001 D 0 B€dg08004 Marcy Casino Reconstruction 202,000 202,000 202,000 BldgI08005 Autumnwood Senior Center Reconstruction 107,000 107,000 107,000 BldgOB007 District Heat Distribution System Replacement 214,000 214,000 214,000 Bid &9001 Cit Hall 463 463 667 _ 463,667 Bldg09002 Critical Infrastructure /Key Resource Protection perthc Buffalo UASI NIPP - Homeland Securit 321,000 321,000 321,000 Bld 09008 (Community Centers Genesee - Moselle Clinic Repairs and Improvements 214 000 214,900 214 Broadway Market Broadway General Improvements 107,900 107 0G0 107,000 Northwest Buffalo Window Replacement 42,800 42,800 42,800 Edward Saunders Roof Repair 26 750 26,750 20,760 Lafayette Ice Rink Im rovements 168 000 1168 000 168,000 City Commumity Centers - Em!Tency Repairs 163177 1831TT 163177 Bld 09007 C!! Service Buildings 214 214 000 2U.000 Clb2rlde Libraries Police Dept BPD0 D elaware Park B ackup 9 11 Center Renovations BPD09001 Polio and Fire Radio System 2140 000 366 000 177& 000 1.776 Common Council DCCM09DONorth District - Reconstruction of Middlesex Avenue 230,496 230,408 234 DCCM0918 University, District - Renovation of Roosevelt Park Shelter House 224,000 224,000 224,000 DPW - Engineering Division ENGRO6001 Citywide infrastructure Repair/Replacement 5,638,354 (5,638,354) 0 0 Delaware Districlmide Infrastructure Renalr /Replacement I 1 0 624.262 624,282 2009 Mayor's Recommended Capital Budget 2009 Capital Improvement Budget Mayor's Recommended Budget Common Council Deletions Adjusted Budget after Common Council Deletions and Prior to Additions Common CouncitAddit€ons Common Councl Approved Budget Pro ct Niagara Distdawide Infrastructure Repair /Replacament - Richmond Avenue - LI hdn 0 150,000 160,000 North Districtwide Infrastructure Repairikeplawmerit 0 624,252 024,2$2 South Districtwide Infrastructure Repair/Replacement 0 024,282 024,262 University Distrietwide Infrastructure Repair/Replacement 0 624,262 $24,282 OSP Citywide Infrastructure Repair /Replacement 0 1 1,010,000 ENGRO7002 Niagara St. Gateway Project 110,205 110,265; 110,265 ENGR07oD7 Fargo Ave•IDYouville College Streetscape 97,$38 97,038 97,030 ENGR07012 Emergency BEOge Repairs 535,000 535 636,000 ENGROII002 Humboldt Parkway Streetscape 902 002,600 802,500 ENGR090D1 South Park Ave Resurfacing and Streetscape Improvements 124,227 124,227 124,227 5<NGRDR.002 F €11more Ave Resurfacing and Streeiscape Improvements 85,8.00 85,804 .85,800 ENGR09OD3 Seneca Street Strertscape Improvements 300,000 500,000 500,000 ON Dept INSP00601 DEMOLITI OF BUILDINGSISTRUCTURES 2 354,179 2,361 179 2 351 DPW - -Parks I)CCiVIOR19 City Wide - Reconstruction of Olmsted /City Parks sy stem Martin [.other King Jr. Park Wading Pool Lasalle PaddDog Park Lasalle Park Shelter House Lasalle Park Centennial Poolls lash Pad Riverside Park Lighting and Field Improvements 2,037,000 26, 750 32 100 53 500 53,500 26,750 _ 2,033,000 26,75 32,10 53 500 53,800 26,750 _ _. .. 2,033,009 26, 7S0 32 53,500 _ 53,500 26,750 Shoshone Park Field and Pool Em rovements Johnny B. Wiley Sorts Complex Roof & Structural Repairs 53,500 5 3,50.0 _ � 53,501) City Parks - Emerg Repairs 509,092 509,D9 569,092 PRKS06002 Citywide Parks Improvements DPW - Streets STRT08002 Streets Vehicles TOTAL - CITY OIL BUFFALO COM PTROL•LER'S CAP - CITY OF BUFFAt 600 1 0801 521 500 flDD 21,54QODD $6,538,354 500,000 $14,981,04$ $21, 500,0001 68,538,364 600,000 521,501000 S21 900 000 2 or 2 12!15120091 2009 Mayoes Recommended Capita! Budget 2009 MaYOr's Recommended Capital Budget 3W3 12JISr4ml 2009 MaYoes Recommended Capital Budget *AYE* NO DAVIS FONT-ANA FRANCZYK QOLOMBEK KEARNS LOCILRTO R_ I'VERA RUSSELL SMITH ------------- [MAJ- 5] [2/3 6] [3/4 -7] F .. City Clerk's Department BUFFALO December 15, 2008 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 Capital Budget As Amended PASSED December 15, 2008 Gerald A Chwalinski City Clerk I1 [kW CAPITAL BUDGET AS AMENDED 2009 Mayor's Recommended Capita) Budget f� 1 of 2 12115/20081 Adjusted Budget after Common Mayor's Council Deletions Recommended Common Council and Prior to Common Common Council 2009 Capital Improveme Budget Capital Improveme Budget Deletions � Additions Council Additions Approved Budgei Project 6uffaio Public Schools bps09001 Reconstruction of Various Schools $2,000,000 $2,000,400 $2,000,400 bps09002 Chimney Reconstruction 1,500,000 1,500,000 1,500,404 bps09003 Oil Tank improvements 820,000 820,000 820,000 bps09004 Mechanical /Electrical Reconstruction Various Schools 780,000 780,400 7a0,000 TOTAL - BUFFALO PUBLIC SCHOOLS $5,100,000 $0 $5,100,000 $0 $5,100,000 COMPTROLLER$ CAP - BUFFALO PUBLIC SCHOOL $5,100,000 $5,100,400 $5,100,000 City of Buffalo Bu ffalo $ Eris County Historical Society BEHS07002 Upgra Electrical Systems $642,000 $642,000 $64 2, 0 00 Fire Dept BF007001 Purchase Fire Apparatus 1,952,155 1,952,155 1,952,755 DPW - Buildings Division Bfdg0H001 Condition Assessment of City Buildings 535,000 1 (535,000) 0 0 Bidg08004 Marcy Casino Reconstruction 202,000 202,000 242,40© BIdg08005 Aulumnwood Senior Center Reconstruction 107,000 107,000 00 1 2 1 4. 000 214,000 214,000 - ._r �� _� w .. C�BplarPrnP - - -- I ldg08007 Di�trict Heat Distribution S mm nt t31 d_g0J001 C H all .._ ��53667 - -.4 'i 68 _ .._. 141,987 _ .�- - 141,987 t31dyU90U2 Critical InfrastructurelKey Resource Protectiaii per the 321,000 321,000 :32 1,000 Buffalo UA51 NIPP - Homeland - BldgO9006 (Community Centers) 214,000 214,000 214,000 Genesee - Moselle Clinic Repairs and Improvements 107,040 Broadway Market Broadway General Improvements 107,000 107,000 42,800 Northwest Buffalo Window Replacement 42,804 42,800 26,750 Edward Saunders Roof Repair 26,750 25;750 16,400 Lafayette Ice Rink Improvements 166,000 168,000 763,i7T 1633,177 Ciiy - wide Community Centers - Emergency Repairs 163,177 214,400 'BldgO9007 City Service Buildings 214,000 214,000 'Police Dept L)3 BPDO8001 Delaware Park Backup 911 Center Renovations BPD0 9001 Police and F=ire Radio System 2,140,000 9,775,404 1,775,000 Common Council DCCM0 906IVarlh District - Reconstruction of Middlesex Avenue 230 496 230 496 230 496 DCCM0918 University District - Renovation of Roosevelt Park 224,000 224,004 224,000 Shelter House DPVV - Engineering Division F;NGRO6001 Citywide Infrastructure Repair/Replacement 5,638,354 5,836,354) 0 0 Delaware Districtwide Infrastructure Repair/Replacement 0 743,150 743,150 Ellicott Districtwide lnfrasiructure RepairlReplacement 0 743,95 743,150 FillmOre Districtwide Infrastructure RepaiflReplacement 0 743,150 743,150 Lovejoy Districtwide Infrastructure Repair/Replacement 0 743,750 743,150 Maste Di Infrastructure RepairlReplacement 0 593,150 593,150 Niagara Districtwide Infrastructure Repair/Replacement 0 593,150 593,150 f� 1 of 2 12115/20081 2009 Mayor's Recommended -Capital Budget 7- 200 Capital Improvement Budge Mayor's Recommended Budget Common Council Deletions Adjusted Budges after Common Council Deletions and Prior to Additions Common Council Additions Common Council Approved Budget i i Project Niagara Districtwide Infrastructure Repair/Replacement - Richmond Avenue - Lightin 0 150,000 150,000 North Districtwide Infrastructure Repair/Replacement a 743,1501 743,150 South Districtwide Infrastructure Repair /Rep €acement 0 593,150 593,150 South Districtwide Infrastructure Repair/ Renovation of Cazenovia Casino 0 150,000 150,000 University Districtwide Infrastructure Repair/Replacement 0 743,150 743,150 Franklin - Linwood - North Pearl St Infrastructure Repair 1 Replacement 0 321,680 321,680 ENGR07002 Niagara St. Gateway Project 110,265 110,265 110,265 ENGR07007 Fargo Ave. /DYouvllle College Streetscape 97,638 97,638 97,638 ENGR07012 Emergency Bridge Repairs 535,000 535,000 535,000 ENGROB002 Humboldt Parkway Streetscape 802,500 802,500 8D2,500 ENGR09001 South Park Ave Resurfacing and Streetscape Improvement 124,227 124,227 124,227 ENGRO9002 Fillmore Ave Resurfacing and Streetscape Impro vements 85,600 - 85,600 85,600 ENGRO9003 Seneca Street Streetscape Improvements 500,000 500,000 500,000 �taPr ta��t . INSP09001 DEMOLITION OF BUILDINGS /STRUCTURES 2,351,179 2,351,179 2,351,179 DPW - Parks OCCM0919 City Wide - Reconstruction of OlmstedlCily Parks system Martin Luther King Jr. Park Wading Pool 2,033,000 2,033,000 2,033,000 Lasa P a(k / Pa 26,750 32,100 - 26,760 32,100 __... _..._...__ 26,750 32,10 (a alle Park Centennial Ponl/Splash Para Rive rside Park Lighting and F field Improvement Shoshone Park Field and Pool Improvements �W ...__. 63,500 53,50{3 - 26,750 � 53,500 53,500 - 26,750 53,500 53,500 - 26,750 Johnny B. Wiley Sports Complex Roof & Structural Repairs 53,500 53,5001 53,500 City -wide Parks - Emergency Repairs 509,092 509,0921 509,092 PRKS06002 Citywide Parks I provements DPW - Streets S TRTt38002 Streets Vehic 500,000 500,000 1 500,000 TOTAL - CITY OF BUFFALO $21,500,000 - $6,860,034 $14,639,966 $6,860,034 $21,500,000 COMPTROLLER'S CAP - CITY OF BUFFAL $21,500,000 $21,5013,001) $21,500,400 GRAND TOTAL $26,600,000 - $6,860,034 $19,739,966 $6,860,034 $26,600,000 COMPTROLLER'S CAP - GRAND TOTAI $26,600,000 $26,600,0001 600,000 Changes as . a % of Total and et 2 of 2 12115120081 2009 >Nlay ar °s Recommended Capital Budget 2009 Capital Improvement Budget M Mayors Recommended Capital Improvement Program E , , i i ! 5'commended R ! R Recommended Recommended R Recommended R Recommended Capital C Capital C Common C Common C Capital C Capital C Capital Improvement C Cc -nmon Council C Common Cavr.ci€ I Improvement C Council C Council Revised i improvement i improvement i improvement Program R RSV;sions R Revised Program P Program R Revisions P Program P Program P Program P Program Project 2 2009 2 2309 2 2009 2 2010 2 2010 2 2010 2 2011 2 2012 2 201 Buffalo Public Schools bps09001 Reconstruction of Various Schools S S27000,0130 $ $2,000,000 bps09002 Chimney Reconstruction 1 1,500,000 1 1,500,000 bps09003 Oil Tank improvements 8 820,000 8 820,000 bps09004 Mechanical /Electrical Reconstruction Various Schools 7 780,000 7 780,000 - -- TOTAL - BUFFALO PUBLIC SCHOOLS $ $5,100,000 $ $0 $ $5,100,040 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS $ $5,100,000 - -� City of Buffalo Buffalo & Erie County Historical Society I 13EHS07002 Upgrade Electrical Systems $ $642,000 6 642,000 Buffalo & Erie County Public Library BVVCPLO6008 Niagara Branch Library Restoration $721,192 1 1 $721,192 Fire slept i $FL707001 Purchase Fire Apparatus 1 1,952,1551 1 1,952,1551 9 943 $ $943,740 1 1,919,921 1 1,919,921 1 -....1 Bldg08001 Condition Assessment of City Buildings g 5 535,000 B1d908004 Marcy Casino Reconstruction 2 202,000 2 202,000 202,000 Bld906005 Autumnwood Senior Center Reconstruction 1 107,000 1 107,000 1 - B1dgG8007 District Heat Distribution System Replacement 2 214,000 2 214,000 6 649,000 $ 107,000 - J ` aldg08009 City Hall High Rise Elevator Modernization $649,000 2 214,00© 2 207,000 J BIdg08012 Salk Storage Facility 2 � 2 2,140,000 2 2,140,000 � 2,140,000 2009 � �ay %s Recommended Capfta� Budget I 2009 Capital Improvement Budget i Ma yors. Recommended Capital Improvement Program Recommended Recommended Recommended Recommended Recommended Recommended Capital Improvement Co•.rmrr, Council Capital p" Common Council Improvement Common Council Common Council Revised Capita! Improvement Capital Improvement Capital Improvement Program �,Iavisions Revised Program Program Revisions Program Program Program Program Buffalo Museum of Science Project 2009 2009 2009 2010 2010 2010 2411 2012 201 BMO509001 Storm Windows (Interior) 92,024 $92,020 " Police Dept i BPDO8001 Delaware Park Backup 911 Center Renovat oc, 535,444 $535,000 SPD09001 Police and Fire Radio System 2,140,000 3fi8,000} 1,775,000 1,284,Q00 365,000 $1,649,040 j Common Council - I DCCM09061N.lorth District - Reconstruction of Middlesex Avenue I 230,496 230 DCOM0918 Un €versity District - Renovation of Roosevelt Park 224,600 224 - -- Shelter House DPW - Engineering Division. NGR06001 Citywide Infrastructure RepairfRepfacement 5,638,354 5,638,354) 0 4,280,000 $4,280,000 4,280,000 4,280,000 4,180,000 Delaware DistricWde Infrastructure RepairfRepfacement 743,15Q 743,150 - -- Ellicott Districtwide Infrastructure RepairfRepfacement 743,150 743,150 Fiiimore Districtwide Infrastructure Repair /Replacement 743,150 743,150 - Lovejoy Districtwide Infrastructure Repair /Replacement 743,150 743,150 Masten Districtwide Infrastructure Repair/Replacement 593,i5o 593 -- Niagara Districtwide Infrastructure RepairlReplacement 593,150 593,154 - -- Niagara Districtwide Infrastructure Repair/Replacement - Richmond 150,000 150,000 Avenue - Lightin North Districtwide Infrastructure Repair/Replacement 743,150 743,150 Scuth Districtwide Infrastructure RepairlReplacement i 693 ,150 593,150 South Districtwide Infrastructure Repair/ Renovation of Cazenovia i 550,000 154,040 Casino University Districtwide Infrastructure RepairlReplacement 1 743,150 743,150 - -- Franklin - Linwood - North Pearl St Infrastructure Repair / 326680 321,680 Replacement ENGP07002 Niagara St. Gateway Project ii0,25s' 110,265 ENGR07007 Fargo Ave.iDYouviHe College Streetscape 87,53& 97.638 ENGR07011 Scajacquada Creek Dredging ENGR07008 cazenovia Creek Slope Walls & Infrastructure 257,500 ;267,500 ENGR07012 Emergency Bridge Repairs 535,4041 374,500 $374,500 - � ENGR Pear! Street i 535,404 535,440 $535,000 $35,000 535,UQ0! 535,00u ENGR08Q02 Mumba #dt Parxway Streetscape Parkway t e 802 500! 7,765,500 $9,765,544 1,765,500 1,765,500 € 802,500 ENGROS001 South Park Ave Resurfacing and Streetscape 124,2271 124,227 - Improvements ENGR09002 Fillmore Ave Resurfacing and Streetscape 35,600, ' Improvements 85 600 � E ENGR090C3 Seneca Street Streetscape Improvements 504,000 EDP1 Dept 54+3,000 -- INSP09001 DEMOLITION OF SUILDINGSfSTRUCTURES 2,351,179! 1,179 2,535,000 - $2,535,440 2,535, ©00 2,000,4 � f 2GUR -TI",ayor's Recommended Capital Budget 3 of 3 1211 512668] q-c /5 t CA-- I 4� f , 6 K .- Vtk jj I V-e - 1 c A.- Wc 0 j pcA jc. 0� !n q-c /5 t CA-- I 4� f , 6 K .- Vtk jj I V-e - 1 c A.- Cie . ii . *AYE* ,N PAjS -__ EQNIMA - - V OLOMB '1 � * W * * DNS ` * LOCUM * � �-------- - ----- [ MA] - 51 [ 2/3 - 6 * * [3!4 - 71 Fo 47�� *AYE* RO .* DA VIS * w EMMA LQC s�. * * * Sx Imm- 5 * 0 [213 2 61 [3/4 - 71 cl. �c T LY *AYE*.No 'RUM&-* -------------- [AW — 51 2/3 - 61 (3/4 — 71 0 e�lrh I C) Y e Ive CA co PASSv ------------- [MAJ- 51 9 0. f 213 61 [ 314 7] PAYM ... ... . . .... MA, ------------- [MAJ- 51 9 0. f 213 61 [ 314 7] I z� :.: 1 :.: 1 P-" P" r No. Adjournment On a motion b Councilmember ;- ,., ir�u' Seconded b y Y 1 ��` Y the Council adjourned at i. GERALD A. CHWALINSKI CITY CLERK. COMMON COUNCIL CITY HALL -- BUFFALO SPECIAL SESSION Tuesday, January 14, 2009 at 2:05 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. `AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * SMITH [ MAJ - 51 9 * 0 [213 - 6] [314 - 7] January 13, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 13, 2009 presented to you herewith, 1 hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City l lall, Buffalo, New York, on January 14, 2009 at 2:05 P.M. for the following puposes: To receive and take appropriate action on: All Items Relating To 1.) Amend - Capital Budget Yours very truly, �f avid A.Franczyk President of the Council Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL., LOCUR`I "O BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 14, 2009_t 2:05 PM STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 13111 day of January 2000, bcfore me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 No. d, On a motion by CounciImember Adjournment , the Council adjourned at , Seconded by GERAI,D A. CHWALINSKI CITY CLERK