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10-1019
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, October 19, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers. Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on October S, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH I - -- - -_ - -I [MAJ° 5] 213 - 6 3 [3/4- 71 *AYE* NO * * * * * * * * * * * * * * * * -7* * * * October 19, 2010 ti - 6 FROM THE MAYOR October 19, 2010 010001 '1 TO: THE COMMON COUNCIL DATE: October 14, 2010 FROM: THE EXECUTIVE DEPARTMENT SUBJECT; 2010 -2011 Annual Action Plan Amendment (Year 36 Community Development Block Grant) Attached for Your Honorable Body's consideration and approval, please find an amendment to the City of Buffalo's 20102011 Annual Action Plan in accordance with an .increased allocation of funds set forth by the U.S. Department of Housing & Urban Development. Following Common Council approval of the 20102011 Action Plan on _, the U.S. Department of Housing and Urban Development awarded to the City of Buffalo $1,317,551 in additional funding for the Community Development Block Grant Program (CDBG) and $43,367 more in funding for Housing Opportunities for Persons with Aids (HOPWA). The City proposes to allocate these new funds as follows: CDBG ProcL Public improvements — new activity for improvements to streets, sidewalks and Public Facilities in low- moderate income neighborhoods throughout the City of Buffalo $658,775.50 Demolitions Citywide - increase $658,775.50 Total X1,317,551.00 Benedict House - increase $43,367 Total $43,367 Pursuant to HUD requirements, the City's 2010 -2011 Annual Action Plan Amendments is designed to carry out the objectives approved in the city's 2008 -2012 Consolidated Plan. Following Common Council approval of the plan, the City will hold a public hearing followed by a 30 -day public comment period. REFERRED ON COMMUNITY DEVEWPIVIENT, THE COMMITTEE n W. Brown or t t i- If City of • o-'o Byron W. Brown, Mayor 2010-2011 Annual As Amendment Recommendation r. r October 14 2010 Office of Strategic Planning Brendan R. Mehaffy, Executive Director -2011 ; $ear 361 Ann do Plap-Recomynondati SUBSTANTIAL AMENDMENT TO THE CITY's 2010 -2011 ANNUAL. ACTION PLAN On March 31, 2010, the official 2010 formula grant allocation amounts were released by the U.S. Department of Housing & Urban Development. The City of Buffalo received additional funding than was estimated for the Community Development Block Grant (CDBG) and the Housing Opportunities for Persons with AIDS ( HOPWA) Grant. These are the increases: Actual Estimated Difference CDBG $17,409,073 $16,091,522 $1,317,551 HOPWA $ 565,329 $ 521,962 $ 43,367 To account for these increases, the City proposes the following changes to its 2010 -2011 Annual Action Plan budget: CDBG Pro Public Improvements ® new activity for improvements to streets, sidewalks and Public Facilities in low - moderate income neighborhoods throughout the City of Buffalo Demolitions Citywide - increase HOPWA Benedict House - increase $658,775.50 $658,775.50 Total $1,317,551.00 Total The City has revised the 2010 -2011 Annual Action Plan Budget as stated above. $43,367 $43,367 The City will conduct a Public Hearing to invite citizens to review and comment on the changes to the CDBG and HOPWA Programs. Upon commencement of the Public Hearing, there will be a 30 day comment period. ii 000 TO: THE COMMON COUNCIL DATE: October 14, 2010 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: Appointments to Shared Asset Forfeiture Fund Advisory Committee Pursuant to § 16-25 of the Code of the City of Buffalo, I hereby appoint Janet Pensa and Donna Estrich to the Shared Asset Forfeiture Fund Advisory Committee. Ms. Estrich's appointment will be for a three year term, and Ms. Penksa's will be for a two year term in accordance with the aforementioned section. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: s REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF COLLECTIONS FROM THE MAYOR - EXECUTIVE DEPARTMENT October 19, 2010 FROM THE CITY PLANNING BOARD October 19, 2010 GGO3 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SBQR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Mall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bidco Marine Group Location: 220 Katherine Street Type of Action: Unlisted- Uncoordinated Description: Bidco marine Group is proposing the rehabilitation of an existing building and surrounding property located at 220 Katherine Street, Buffalo New York. The project consists of the rehabilitation of an existing 3000s.f. building that will be housing the administration offices of Bidco Inc. The project will also include the improvement of the surrounding site to allow safe access to their Buffalo River boat docks/ slip frontage and dock wall. A proposed new vehicle access road will be built to gain ingress/ egress to the site. This proposed project is located next to the New York State Bower Authorities ice boom storage and Marine vessel storage facility. A new earthen berm with plantings will act as a visual impairment to the site's interior as well as provide a safe divisional barrier between Bidco Inc. and the existing CSX tracks. The project will be privately funded in the amount of 350,000 dollars. As a result of this Environmental Review, the lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant parcel that is not maintained, bringing in a new corporate office and marine use to an area that has been under utilized for many years as well as moving a business located in suburban Grand island to the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and de 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 Mall, Buffalo New York 14202 m 716 551 -5085 Dated:. _ October 12. 2010 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo !economic Development, Permits and Inspection Bidco inc. RECEIVED FILED SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Hoard Room 801, 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 Family Dollar Store Location: 1700 Kenmore Avenue Type of Action; Unlisted- Uncoordinated Description. Ellicott Development Company is proposing the construction of a Family dollar store on the property located at 1700 Kenmore Avenue, Buffalo New York. The project consists of the construction of a 9100 square foot building with thirty one parking spaces including three handicap spaces. A dumpster enclosure as well as new landscaping will be installed. Building material will include a EFTS canopy, flood pack lighting, Architectural split faced block, painted smooth accent block and on the east elevation the lower windows glazing will be opaque and the upper will glazing will be clear. A seventeen foot pole sign is proposed on the site. The project will be privately funded in the amount of 100,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant lot that is not maintained, bringing in a new retail store that will provide neighborhood residents and visitors to the area a convenient place to make purchases. 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 14242 — 716 851 -5085 Dated: September 28. 2010 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Ellicott Development Company RECEIVED AND Fit- �1 0009 SEQRA Notice of Determination Non Significance Negative Deciaration This notice is issued pursuant to Fart 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: {fiction Title Delta Sonic Improvements Location: 1006 McKinley Parkway Type of Action; Unlisted - Uncoordinated Description: Delta Sonic Car Wash Systems Inc. is proposing the rehabilitation of portions of the car wash and fuel area located at 1006 McKinley Parkway, Buffalo New York. The proposed project consists of the construction of a state of the art gasoline dispensing facility using updated technology and leak prevention and detection. The plan includes the removing of the existing underground fuel tanks and installing two double wall fiberglass fuel tanks with interstitial brine monitoring; total capacity of the fuel tanks is 32,000 gallons, the same capacity as the existing tanks. Also proposed is to replace the existing canopy with a new 30010 s.f. gas canopy with energy efficient lighting and a new overhead fire suppression system. Three new gas pumps will be installed allowing six fuel stations, new concrete and tank pads. New landscaping will be installed with new curbs and pavement. The existing building will be repaired, that includes new car wash mechanicals. New fencing will be installed along the neighboring property line and a new smaller ground sign will be placed at the corner of the property. The project will be funded privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Delta Sonic Car Wash Systems to remain profitable at this location, as well as providing a better facility for their customers. The new landscaping will add to the surrounding community's aesthetics. 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 909 City Hall, Buffalo New York 14202 — 716 851 -5085 DECEIVED AND FILED Dated: October 12, 2(110 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Delta Sonic r 1 � !0 (". � SEQRA Notice of Determination i Non Significance ; Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the E=nvironmental Conservation Law. Load 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 Wilson farms Fuel Station Location: 2080 -2094 Niagara Street Type of Action: Unlisted- Uncoordinated Description: TRM Architects on behalf of Wilson Farms Convenience Stores is proposing the construction of a fuel station on the property located at 2080 -2094 Niagara Street, Buffalo New York. The zoning classification for this property is CM, a zone that would allow this use. The fuel Station will include a 615 square foot kiosk, a fuel canopy with four fuel dispensers and over 20 percent of the lot will be landscaped. The proposed fagade will include a brick finish with stucco and cultured stone at the entry. The entry canopy will include a "Wilson Farms" sign made of individually backlit letters. The site is currently a vacant lot. A Coastal Review Area approval is required from the Common Council before the project can begin. The project will be funded privately in the amount of 600,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a vacant lot and develop it into a business that would provide employment to area residents and strengthen the Wilson farms Convenience Store business located across from the proposed project site. 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, Boom 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated: September 28. 2010 CC: City Clerk City of Buffalo Common Council City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection TRM Architects RECTIVED AND FILED To WHOM IT MAY CONCERN: 1 hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall, 65 Niagar =a Square, Buffalo, New York, on the 14 day of September, 2010, a resolution was adopted of which the following is a true copy: Present: James A. Morrell - Chairman Frank A. Manuele Cynthia A, Schwartz Henry L. Burns Michael J. Lyons The following resolution was introduced: WHEREAS, on August 27, 2010, Kaleida Health and 134 High Street, LLC (collectively "Applicants "), pursuant to x'511 -137 et. seq. of the Charter and Code of the City of Buffalo ( "Code "), submitted a Letter of Intent ( "LOI" ), including Exhibits A -1, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Site Plan approval for the proposed Multi -Modal Transportation Structure ( "MMTS ") project (hereinafter referred to as "Project ") located at the north -west corner of High Street and Michigan Avenue, Buffalo, New York ( "Project Site "); and, WHEREAS, the Applicants have provided information in the LOI supporting the request for Site Plan Approval for the MMTS; and WHEREAS, a public hearing was held on the matter on September 14, 2010 at 8:15 a.m. where the Applicants presented the final design details for the Project; and WHEREAS, the Planning Board has fully reviewed and discussed this matter; and WHEREAS, the Planning Board has, pursuant to Code §511 -137 et. seq. and New York General City Law §27 -a, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the Site Plan as presented on September 14, 2010 with certain additional conditions; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and C NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Project Sponsors have prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") for the entire North End Development on the Buffalo Niagara 449446_1 -3 Medical Campus; the City of Buffalo Planning Board ( "Planning Board ") as Lead Agency has reviewed the DGEIS and deemed it complete; pursuant to the process set forth in the DGEIS, the Applicants have prepared and submitted to the Planning Board as Exhibit "I" --- the aforementioned Letter of Intent, a Full Environmental Assessment Form ( "FEAF "), specifically for the MMTS to assist the Planning Board in reviewing the potential impacts of this request; the DGEIS included a specific analysis of the scale and location of the proposed MMTS and the impacts it night have on adjacent uses and found that the Project would mitigate the potential negative impacts upon traffic and parking conditions in the vicinity of the Project Site; and WHEREAS, the Planning Board has determined that the potential environmental impact of the Project has been minimized to the greatest extent practicable. Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code § 511-137 et seq. and New York General City Law §27 -a, as follows: 1. The Applicants are seeking Site Plan approval for an approximately 1,800 space Multi -Modal Transportation Structure at the northwest corner of High Street and Michigan Avenue. The MMTS is 78' t in height and a mix of concrete and glass features. 2. Also part of the Project will be traffic mitigation measures identified as part of the SEQRA review process for the Buffalo Niagara Medical Campus — North End Development. These include: Re- stripe Michigan Avenue near Cherry Street to create a dedicated left-turn lane and an exclusive thru -lane; Optimize signal splits and/or cycle lights at the following intersections: • Virginia Street and Michigan Avenue; • North Street and Michigan Avenue; • Main Street and Goodell Street; • Washington Street and Goodell Street; • GoodelI Street and Oak Street; • Tupper Street and Ellicott Street; • Michigan Avenue and Goodell Street; and • Michigan Avenue and Carlton Street. 3. That the Planning Board has made the following determinations with respect to the Applicants' request for Site Plan Approval for the Project: a. That the Project will comply with the New York State Uniform Fire Prevention and Building Code; 4494461 b. That the potential negative environmental impacts of the Project have been avoided and mitigated to the greatest extent practicable pursuant to the SEQRA review process and recommendations associated therewith arising from the GETS process for the Buffalo Niagara Medical Campus — North End Development; C. That the proposed design for the MMTS is consistent with surrounding institutional uses while minimizing its visual and aesthetic impacts upon nearby residential properties. Specific design elements were used on the proposed MMTS to minimize the visual mass of the structure, especially as it relates to the Fruit Belt neighborhood to the east. Public greenspace along High Street and Michigan Avenue was also incorporated to further soften the edge of the structure relative to High Street and Michigan Avenue; d. The design of entrances and traffic circulation surrounding the MMTS, along with the traffic mitigation treasures described above, minimize the potential adverse impacts to traffic flows in the vicinity of the Project Site; The Project as proposed includes areas to accommodate users of the Niagara Frontier Transportation Authority system and the Buffalo Niagara Medical Campus shuttle. Further, the MMTS is set back off High Street and stepped along Michigan Avenue to provide additional pedestrian - friendly areas and greenspace. The Applicants are also proposing to create a sculpture garden and provide surfaces for local artists to display their works. In addition, dedicated bicycle parking and locker areas are incorporated in the design of the MMTS to accommodate bicycle users on the Campus; f The Project will adequately control stormwater runoff and the design has been accepted by the Buffalo Sewer Authority and will comply with all applicable standards; g. The Project will retain most of the existing vegetation and add additional greenspace along High Street, Michigan Avenue and the former Goodrich Street, which is riot present currently; h. The MMTS was designed to provide fire lanes and emergency zones to assist first responders in accessing the structure if necessary. These designs have been reviewed by the City of Buffalo Fire Department and final engineering drawings will be subject to their review before construction; i. The structure is not anticipated to result in any ponding, flooding and /or erosion; and 4494461 j. Lastly, the Project incorporates specific design considerations to address public concerns over the impact the structure would have on adjacent residential uses. In particular, the Applicants met with the Planning Board and the public prior to making the final design decision. The design which has been presented to the Planning Board is the design which reflects the comments of the Planning Board and the public. In addition, the MMTS will alleviate the significant parking impacts associated with the development of the Buffalo Niagara Medical Campus — North End Development. 4. That for the foregoing; reasons, the Planning Board approves the Site Plan as presented on September 14, 2010 with the following conditions: a. That the screening on the I" level of the Michigan Avenue elevation will be incorporated into the High Street and former Goodrich Street elevations; b. That the vegetation shown along the top of the structure on the Michigan Elevation in the drawings presented on September 14, 2010 be included in the final design; c. That the Applicants add additional, more substantial vegetation along Michigan Avenue to further buffer the mass of the structure as it relates to the Fruit Belt neighborhood; and d. That the Applicants prepare an updated site plan and elevation drawings incorporating these changes and present it to Planning Staff to ensure consistency with these determinations. 5. That the Planning Board recommends approval of the height variance necessary to facilitate the Project as proposed. 6. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 14` day of September, 2010. Upon roll call vote: 5 aye's 0 no's [City of Buffalo PI 944446_1 Votes] RECEIVED IL FRONT THE OFFICE OF STRATEGIC PLANNING 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL 00003 TO: THE COMMON COUNCIL: DATE: October 14, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Renew Lease Agreement Between the City of Buffalo and Harmac Medical Products, Inc. for use of 2209 Bailey (10' Strip of land) (Lovejoy District) PRIOR COUNCIL REFERENCE: Item No. 5, C.C.P. 4/2712004 Ex. (Item No. xxx, C.C.P. xxfxx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Item No. 5, C.C.P. 4127104, Your Honorable Body authorized a three (3) year lease agreement between the City of Buffalo and Harmac Medical Products, Inc. The lease period was from June 1, 2004 and terminating May 31, 2009. The Office of Strategic Planning, Division of Real Estate, has received a request from Harmac Medical Products, Inc. requesting to renew their lease for an additional three (3) year period. The property at 2209 Bailey is a 10' strip of city owned land with a sewer drain running through the property. Harmac Medical Products is located adjacent to this strip of land and utilizes it for off - street parking purposes. The lease would commence retroactively on June 1, 2009 and expire on May 31, 2012. Their annual rental was increased from $125.000 to $375.00 when the lease was renewed in 2004. Their request to renew this lease was forwarded to the Department of Public Works, Parks and Streets, and Audit and Control and there were no objections. All terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The annual rent shall be $375.00. 2. No building of a permanent nature shall be constructed on said premises. 3. Plans for any building of a temporary nature must be submitted to the Buffalo Sewer Authority and its approval secured before construction of such temporary building. 4. Upon termination of the lease, all temporary improvements shall be removed by Tenant at its owns cost and expense and Tenant shall pay all taxes, sewer rentals and water bills levied during the term of this lease against any temporary improvements which may be erected upon the leased premises. 5. The use of the premises shall be at all times subject to the approval and further direction of the Buffalo Sewer Authority; and said premises shall at all times be made accessible to the Buffalo Sewer Authority for the repair and maintenance of a drain running through said premise. B. Insurance ® Harmac Medical Products, Inc. shall provide insurance as deemed necessary by the City's Corporation Counsel Office. 7. The lease may be cancelled at any time by either party by giving at least a 30 day notice in writing to the other. \`Z Multiple Page Communication to the Common Council Page 2 October 14, 2010 This office recommends that Your Honorable Body renew their lease agreement for a three (3) year period commencing on June 1, 2009 and expiring on May 31, 2012. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same, TYPE DEPARTMENT HEAD NAME URAMEM �X JPH; pig CRENEwLASEhammae John P. Hannon, Jr. Director of Real Estate Office _of�Strate is Plafin' g ' e� U Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 14, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Harmae Medical Products, for use of 2209 Bailey (10' strip of land) for an additional three (3) year term commencing on .tune 1, 2009 and expiring May 31, 2012. All other terms and conditions of said lease agreement shall remain including but not limited to those listed in the above communication. That the Acting Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. Passed TAB:mv � AYE NO FRANCZYK GOLD .... . IdAiRN LOC . TO RIVERA R USSELL aj ® 55' 2/3- 6 3/4- 7 �` '� 1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 12, 2010 DIVISION: Real Estate SUBJECT: Report of Sale 127 Clare, 25'S Olga Place Lot Size: 25'x 100' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ramon Rodriguez and Mrs. Iris Rodriguez, 923 Clare Street, Buffalo, New York 14206 to purchase 127 Clare. Mr. and Mrs. Rodriguez own and reside at 923 Clare, which is adjacent to 127 Clare. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Five Cents ($.35) to Sixty Cents ($.60), per square foot. Mr. and Mrs. Rodriguez have agreed and are prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Fifty Five Cents ($.55) per square foot 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 927 Clare to Mr. and Mrs. Rodriguez in the amount of One Thousand Four Hundred Dollars ($1,400.00). 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: JOHN P. HANNON, JR. TITLE: DIRE OR OF REAL EST_ ATE QFFICE F STRATECtC PANNING SIGNATURE OF DEPARTMENT HEAD: .- = JPH:ck Reportsale127dare /rea l t Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 12, 2010, be received and filed, and That the offer from Mrs. Iris Rodriguez, residing at 123 Clare Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 127 Clare, 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. 9 TAB:rmv t:X%vp601msword'Tmvl9c 10- 19a.doe *AYE* ADO * FONT ANA F`RANCZIW GOLOMBEK 19AYNES KEARNS LOCURTO RWERA Maj - 5 213- 6 314- 7 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 12, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 738 Humboldt Pkwy., 90' N Ferry Lot Size: 30'x 150' Assessed Valuation: $1,200.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ronald L. House and Mrs. Etta D. House, 738 Humboldt Parkway, Buffalo, New York 14211 to purchase 738 Humboldt Parkway. Mr. and Mrs. House own and reside at 740 Humboldt, which is adjacent to 738 Humboldt. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy Cents ($.70), per square foot. Mr. and Mrs. House have agreed and are prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), Sixty Cents ($.60) per square foot 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 738 Humboldt to Mr. and Mrs. House in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). 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: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repo rtsale738h umboldtlrea I JOHN P. HANNON, JR. DIRECT R OF REAL ESTATE OFFICE , F STRATEGIC PLANNING REFERRED T E TT ON COMMUNITY DEVE P ENT. 'IE 000 #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 12, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 101 Krettner, 335.24' N William Lot Size: 30'x 105' Assessed Valuation: $1,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Tracy E. Singletary, 93 Krettner Street, Buffalo, New York 14205 to purchase 101 Krettner Street. Mr. Singletary owns and resides at 93 Krettner, which is adjacent to 101 Krettner. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.50), per square foot. Mr. Singletary has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Five Cents ($.55) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees, am recommending that Your Honorable Body approve the sale of 101 Krettner to Mr. Tracy Singletary in the amount of One Thousand Seven Hundred Dollars ($1,700.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH :ck Reportsale101 krettnerlrea€ JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE F STP,ATEGICPLANNING i i S Mr. Fontana moved; That the above communication from the Office of Strategic Planning dated October 12, 2010, be received and fled; and That the offer from Mr. Tracy E. Singletary, residing at 93 Krettner Street, in the sum of One Thousand and Seven Hundred Dollars ($ 1,700.00) for the purchase of 101 Krettner Street, 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. II �4 xB:nnv t:Vvp60\mswordlrmvil l c 10- 19a.doc *AYE*NO* FONTA A a: FRAN 4�OLO E s Lo i� RMRA Nlaj- 213 ® 6 314- 7 0.2 ; #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 255 Landon, 130'W Humboldt Pkwy. Lot Size: 33'x 112' Assessed Valuation: $2,000.00 (F' District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Huncles Means, 253 Landon Street, Buffalo, New York 14208 to purchase 255 Landon Street. Mr. Means owns and resides at 253 Landon, which is adjacent to 255 Landon. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60), per square foot. Mr. Means has agreed and is prepared to pay One Thousand Dollars ($9,000.00), Thirty Cents ($.30) per square foot for the subject property. He 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 255 Landon to Mr. Huncles Means in the amount of One Thousand Dollars ($1,000.00). 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: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE -0F STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:ck Reportsale2551a ndonlrea l REFERRED M ON R[N N 3 EE - 0'0. 3 ##1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 12, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 177 Leslie, 327.88'S Scajaquada Lot Size: 30'x 108' Assessed Valuation: $2,300.00 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Agatha Hall, 32 Frankfort Street, Buffalo, New York 14211 to purchase 177 Leslie. Ms. Hall owns two one family houses at 189 and 187 Leslie, which are adjacent to 177 Leslie. She intends to use the vacant lot for additional green space. The Division 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 properties in the subject area. Sales range from Thirty Cents ($30) to Sixty Cents ($,60), per square foot. Ms. Hall has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.00), Fifty Five Cents ($.55) 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 177 Leslie to Ms. Agatha Hall in the amount of One Thousand Eight Hundred Dollars ($1,800.00). 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: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Reportsalel77leslie JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OF f F STRATEGIC NING 7 7 Y� Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 12, 2010, be received and filed, and That the offer from Ms. Agatha Hall, residing at 32 Frankfort Street, in the sum of One Thousand and Eight Hundred Dollars ($1,800.00) for the purchase of 177 Leslie Street, 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 subrnitted. Passed. 13 TRS:nnv t:iwp60\mswordVmv113cl O- 19a.doc Ate NO - FONTANA CZ GOLD .._ EIS HAYNE KEARNS LOS T RIVERA RUSSELL aj - 5 2/3- 6 3/4- 7 �` �:.=- f#2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 12, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 285 Loepere, 571' S Walden Lot Size: 30'x 108' Assessed Valuation: Land $1,600.00 Total $14,000.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammad A. Khan and Mrs. Surriaya Khan, 993 Sycamore Street, Buffalo, New York 14212 to purchase 285 Loepere Street. Mr. and Mrs. Khan intend to renovate and bring the property into code compliance and use as income property. The estimated cost of renovations is Nine Thousand Five Hundred Dollars ($9,500.00). Mr. Chatkhan has provided plans to rehabilitate the house and proof of financial ability to complete the purchase and the repairs. The property consists of 1,845 square feet, two and one half story wood frame, two family house in poor to fair condition situated on a lot 30' x 108'. The property was acquired by the City through In Rem x#41, October 2007. There have been no other 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 One Dollar and Twenty Five Cents ($1.25) to Three Dollars ($3.00), per square foot of living area. Mr. and Mrs. Khan have agreed and are prepared to pay Three Thousand Seven Hundred Dollars ($3,700.00), Two Dollars ($2.00) 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 285 Loepere to Mr. and Mrs. Mohammad Khan in the amount of Three Thousand Seven Hundred Dollars ($3,700.00). 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: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFIC_ E -qF STRATEQl� PLANNING 1 SIGNATURE OF DEPARTMENT HEAD: JPH:ck f i RepsalehouseMloepe R UERRED , =` ��P ugE Tz 000_. :. #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 44 Mulberry, 230'N Goodell Lot Size: 25' x 100' Assessed Valuation: $1,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Jacqueline Johnson, 170 Forestview Drive, Amherst, New York 14221 to purchase 44 Mulberry Street. Mrs. Johnson owns a one family house at 45 Mulberry, which is adjacent to 44 Mulberry. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($35), per square foot. Mrs. Johnson has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Fifty Cents ($.50) 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 44 Mulberry to Mrs. Jacqueline Johnson in the amount of One Thousand Three Hundred Dollars ($1,300.00). 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: SIGNATURE OF DEPARTMENT HEAD: JPH :ck Repsale44mulberrylre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OI"FIC-[ dF STRATEGI -G-P�ANNING . � f 3 `L Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 13, 2010, be received and filed; and That the offer from Mrs. Jacqueline Johnson, residing at 170 Forestview Drive, Amherst, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 44 Mulberry, 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. 15 TAB:rmv t:1wpMmswordVmv115c 1 D- 19a.doe * AIT * ® * .. gk Z L-O E gk sb KEARNS Lo A s� RIVERA . dk RUSSELL ak SNWM i a ® 5 '\ 213- 6 314- 7 #4 (Rev 7 -0"7) REVISED 0 0 I A � Certificate of App 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 appoint €nent(s) or promotion(s). I further certify that (lie person(s) named in Schedule "A" have been certified or approved by the Human Resources(Civil Service for the Appointment Effective: SEPTEMBER 30, 2010 in the Department of EXECUTIVE Division of OFFICE OF STRATEGIC PLANNING to the Position of CONFIDENTIAL SECRETARY TO THE EXECUTIVE DIRECTOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PROVISIONAL PENDING Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $42,297. LAST JOB TITLE NAME LANETTE BOULWARE- WRIGHT LAST DEPARTMENT DATE ADDRESS 127 HARVARD PLACE LAST SALARY CITY & ZIP BUFFALO, NY 94209 LAST 4 DIGITS OF SSN. XXX -XX -5519 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10309001 TITLE CODE NO 0338 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 201046 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: BYRON W. BROWN TITLE OF APPOINTING. AUTHORITY: MAYOR SEPTEMBER 30, 2090 SIGNATURE OF APPOINTING AUTHORITY: ! 0&14__ ORIGINAL + 2 COPIES $TG7GL ERK "" j (O ` N1BEFORE B APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #S- DEPARTMENT #7- DIVISION #8- EMPLOYEES) FROM THE COMPTROLLER October 19, 2010 TO: THE COMMON COUNCIL DATE: September 29, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: "Opening a Gift Shop and Tourist Information Center on the 25` Floor of City Hall" Item No. 105, C.C.P., July 29, 2010 This communication is in response to the Common Council requesting input from the Comptroller's office regarding opening a gift shop in City Hall on the 25 floor. After visiting the proposed location and asking informal questions of both visitors and City Hall employees, it appears the idea of transforming the currently unoccupied space on the 25 floor into a gift shop /snack bar has merit. Some of the better ideas discussed include: creating a small art gallery for local artists within the gift shop, selling Buffalo- themed souvenirs, and serving snacks such as coffee, etc. to visitors. However, proper research, including cost analysis, logistics, and "Return on Investment" potential, is necessary before opening such a business in this location. The process should be adequately fulfilled by a task force or committee, to examine the feasibility of whether it is fiscally prudent for the City to engage in such an enterprise. Issues of concern include: proper oversight, safety, security, liability insurance protection and if it is run by an outside vendor, how will that entity be chosen? If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: Comptroller SIGNATURE: REFERRED TO THE COMMITTEE ON NE. i TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE: September 29, 2010 SUBJECT: "Healthcare Dependent Audits" Item No. 104, C.C.P., Sept 7, 2010 This communication is in response to the Common Council requesting input from the Comptroller's office regarding a healthcare dependent eligibility audit. My office supports an eligibility audit of current and retired City employees on the healthcare rolls to eliminate any fraud or waste existing in the current system. In light of the more than 170 deceased employees who were mistakenly listed as "current" on the healthcare rolls, and a September 27 Buffalo News article indicating the possibility of ineligible dependents receiving City - sponsored healthcare benefits, such an audit would ensure the accuracy of the current information listed for City employees. As this would require a specialized healthcare consulting firm to work closely with the Department of Human Resources, we would advise the Administration to issue a Request for Proposals /Qualifications to identify the best vendor to perform this investigation. While there has been some internal work done by the City to find ineligible dependents, a proper examination of the City's and the healthcare company's databases will need the dedicated resources of an outside firm. As evidenced by the recent follow-up audit to the Department of Human Resources, errors in the healthcare payment system can be very costly to the taxpayers; therefore any fee structure for an outside firm should be contingent upon, and proportionate to, the amount of monies that may be recovered. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT DEAD: TITLE; Andrew A. SanFilippo Comptroller SIGNATURE: REFERRED T0 COMMIT TEE n � GE, FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS October 19, 2010 ® 0 0 - 6i. 9 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: City of Buffalo [: Snow Plan [ : 2010 -- 2011 PRIOR COUNCIL REFERENCE: (IF ANY)[ I hereby submit to Your Honorable Body the City of Buffalo Department of Public Works, Parks & Streets Snow Plan for 2010 - 2011 for your review and approval. Department Head Name: Steven J. Stepniak Title: Commissioner of Public !Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: ¢` SJS /PJM:cam Attachment cc: Peter Merlo, P.E., City Engineer Henry Jackson Raymour Nosworthy (cc092910.doc) REP FERRED TO C01MMITTEE F� S a a i N U W R EM" 0 "' A -STANDARD OPERATI PROCEDURE Byron W Brawn, Mayor Steven J. Stepniak, Commissioner of Publi Works, Parks & Streets Henry Jackson, Director of Streets & Snow Removal Introduction / Goals ................................................ ..............................2 Snow & Ice Control / Materials Used ........................ ..............................3 Weather Event Info / Material Application Guide ......... ..............................5 Leave Approvals / Glossary of Terms ........................ . ............... . .............6 OperationalPlan .................................................. .............................13 Listof Equipment.. ................. ................. ............................ .... 17 Snow Drift Areas / Other Special Concerns per Council District ................... 19 PrimaryStreets .................. . ... ............................... . . .............................21 SecondaryStreets ............. ................................................... ....... __ ... 22 Island and Col- de-sac Streets ................................. .............................25 EmergencyRoutes ........ ............................... . .............. . .....................26 Streets Around Hospitals ............................ . .......... . ................... . . . .......27 Viaducts and Overpasses ....................................... .............................26 Off Street Parking Sites .......................................... .............................39 CityFuel Sites ....................................................... .............................32 Buffalo Police Department ............................ , , , ..... ............................... 33 FireStations ......................................................... .............................34 Hospitals.... ........................................................ .............................36 Schools...... ............................... . . . .............. ............................... . ......37 District Spreader Routes,. . ....................... .................... . ..................39 GPS Location Services ........................................... .............................66 Mechanical Services ............. . ................... . .................. . ..................... .67 Snow Removal - Non -Snow Day Work ..... ............................... . ...............66 Post Storm Report Requirements ............................. .............................69 I I Every employee involved in snow and ice operations is responsible to become familiarized with this information. While this guideline provides both general and specific snow and ice control information it is recognized that every contingency cannot be planned for. Changing conditions and other factors will likely require alterations to our everyday or every event snow and ice control practice. It is our goal as supervision to better educate ourselves and our work force on the technology and practices of snow and ice control. We believe that this booklet will help in this endeavor. It is the City of Buffalo Department of Streets and Sanitation's goal to provide a city street that is passable and safe for vehicular traffic as much of the time as possible with limitations imposed by climate conditions and the availability of equipment, material and personal resources. It is recognized that due to those resource limitations and climate conditions, pavement surfaces will be snow covered and I or slippery some of the time. Vehicle operators must exercise caution. 2 w� It is impossible to provide a "bare" or "wet" pavement surface all the time. The characteristics of weather and finite available resources preclude this possibility. It is the goal of snow and ice control for the City of Buffalo Division of Streets to provide the safest possible pavement surface that climatic conditions and available resources will allow. The two general principles regarding effective ice control: "Prevent Pack ® Don't M61t It ": Time application of salt very early in a storm, with appropriate follow -up applications, will generally prevent pack from forming. This strategy is much more effective and safe than trying to remove pack once it has been formed. "if Salt Will Work —Use It ": If conditions are favorable, salt should be the first choice of ice control material. The use of abrasives when salt will work encourages the formation of pack. The overall: resource requirements for dealing with pack are far greater than preventing by timely use of salt. There are three types of materials available for use for snow and ice control in north Erie; Salt, abrasives and liquid anti- icers: ffi Rock Salt — Rock Salt or Sodium Chloride (NaCI) is the most common and least expensive ice control chemical. The ability of salt to melt ice or form brine is highly temperature dependent. At 30° Fahrenheit, one pound of salt will only melt 6.3 pounds of ice. This characteristic of salt primarily dictates when salt is used. This is the primary conditioner used in the City of Buffalo. Abrasives (Sand) — Sand is generally the choice for abrasives. Sand has a low initial cost and provides immediate temporary improvement in the 3 frictional characteristics of the pavement surface. A small amount of salt must be added to the sand in order to keep it in workable or spread able condition and have it adhere to the snow or ice. Given our areas normal winter temperature, a mix of 10% salt or a ratio of 8 buckets of sand to 1 bucket of salt is recommended. The use of sand is not used in the City of Buffalo because of the potential problems with the sewer system it may cause. m Liquid Anti -Icers — There are three types of Liquid Anti -Icers available for use in the North Erie Region. These are Calcium Chloride (CaC12), Magnesium Chloride (MgC12), and Ice -ban Magic (MgCl2) combined with the by- product of the distilling process. There are two methods available in the North Erie Region to utilize Anti - Icers. They are pretreated salt (purchased or treated stockpile) and on board saddle tanks to pre -wet rock salt as it eaters the spreader shoot and dedicated pure liquid dispensing units. The wetting of a solid chemical prior to spreading improves the effectiveness of the solid chemical in many situations. A dry solid chemical requires liquid to become active or 90 into solution. The process of going into solution is accelerated if a liquid is added to the solid. This is only one of the benefits of pre - wetting. Other advantages include that the salt is spread more uniformly because less waste from bouncing or traffic action, granules adhere to the road better, there is a faster and longer lasting effect, and less solid chemical is required to achieve the same level of service. The application rate for pre - wetting is 7 -10 gallons of solution per ton of salt. It is recommended that all spreaders and ground speed controllers be calibrated prior to November 1 5} of each year. There are separate calibrations for salt, abrasives and mixes of liquid and salt. As per NYSDOT policy the actual application rates are determined from calibrations will be within 7 Ya % of the target value. To insure that spreader units are applying the calibrated spread rates it is recommended that the gate setting be fixed by drilling and pinning plates. In Selection of the appropriate material and specific application rate is absolutely essential in effective ice control. Selection will be based upon a number of factors such as type and nature of weather event, pavement temperature range and trend surface conditions and frequency of applications. To assist Snow t Ice Control operators and supervisors, guidelines are provided starting on page 8. These tables provide guidance on selection of material and application rates for initial and subsequent operations based on expected weather events and pavement conditions. The rates indicated in these tables are based on the Department of Transportation guidelines and those of the Federal Highway Administration. All operators and supervisors should read and understand these tables. Accurate weather information is essential to effective snow and ice management. Among the assets to assist in Phis task is color weather radar satellite, accu- weather forecasts, Road Weather Information Systems (RWIS) and the National Weather Service (Buffalo International Airport). In addition, it is recommended that supervision vehicles be equipped with an onboard surface and air thermometer. Use of these sources contributes significantly to snow and ice management by helping make decisions regarding call outs, holdovers, material type, application rates and when to start spreading, when to re -apply material and when to stop spreading. 5 Maintenance staffing levels are based on full utilization of personnel during Snow and ice Season. The guidelines related to granting leave approvals this time as follows: Extended leave requests (of four days or more) will be considered and approved subject to two days written notice, if the leave does jeopardize the City of Buff'alo's ability to carry out Snow and Ice activities. Leave requests of less than four days will be considered and approved subject to two days written notice and on a contingency basis subject to 24 hours notice of denial based upon reported /forecast weather conditions requiring additional snow and ice staffing. Leave requests of one day or less in duration may be approved prior to, at the start of or during a shift to the operating needs of the Department based on reported /forecast weather conditions. Black Ice — A popular terra for a very thin coating of clear, bubble free, homogeneous ice. This usually forms on pavement with a temperature at or slightly above 32° F, and the temperature of the air that is in contact with the ground is below the freezing -point of water. Small, slightly super - cooled water droplets deposit on the surface and coalesce (flaw together) before freezing. Chemical Spread Rate — Also called the chemical application rate. For solid applications, it is simply the weight of the chemical applied per lane mile. For liquid applications, it is the weight of the dry chemical in solution applied per lane mile. Freezing Rain ® Super cooled droplets of liquid precipitation falling on a surface whose temperature is below or slightly above freezing. This produces a hard, slid, generally thick coating of ice commonly called a glaze or clear ice. Non - super cooled raindrops falling on a surface whose temperature is well below freezing will also result in glaze. Col Frost — Also called hoarfrost. Ice crystals in the form of scales, needles, feathers or fans deposited on the surfaces cooled by radiation or other processes. The deposits may be composed of drops of dew frozen after deposition and of ice formed directly from water vapor at a temperature below 32° F (sublimation). Most often occurs when pavement temperature is 32° F or below and is at or below the Dew Point, Light Snow — Snow falling at the rate of less than'/ inch per hour; visibility is not affected adversely. Liquid Chemical — A chemical solution; the weight of the dry chemical in solution applied per lane mile is the chemical application rate. Moderate to Heavy Snow — Snow falling at a rate of R/2 inch per hour or greater; visibility may be reduced. Sleet ® A mixture of rain and snow which has been partially melted by falling through an atmosphere with a temperature slightly above freezing. Slush — Accumulation of snow which lies on an impervious base and is saturated with water in excess of the freely drained capacity. It will not support any weight when stepped or driven on but will "squish" until the base support is reached. Do not use Liquid Anti -lcers alone in the following conditions: At temperatures below 23° F 0 On hard pack, except as part of a pack removal operation f During a Sleet or Freezing Rain weather event h ............. u,:......,..... �. ,��,_....._........e cr 3 In .. > ® �o r l n ,,,.._..... .......... .......,, ...._.. ,.. . cp riT to ® 0 rn � T3° ® .. 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(n o CL 0 m ® � Efl O (p °� r w C7 �• (� p CD 0 0 M �k. 0 (n j3 cr 0 Cr C :3N0MN - 0W NImN�C : 3m�� CD :3 a co m ua to m nj — € m $ _ .� 3 : M Q M M _ � � Ch CD =r CL i ga��'�ran:��o��� ®' CD nCL . -0 - � -0 3 a �, N � m 0 m ® M : � � : �, cD ro ro = � a. n R 5 ri � CL CL CL a (1) m i° ...... „ s r r 1. General Procedures A winter schedule is developed which assigns all Foremen, Equipment Operators, Truck Drivers, and Laborer It to plowing and salting assignments. This schedule takes effect from November 8, 2010 to April 4, 2011. In the event there is snow prior to the scheduled date, implementation of the winter schedule will begin as soon as needed. The Department goal is to have every street in the city plowed at least once within 24 hours after a snow event This is always dependant on any adverse or continuous weather conditions. Maintenance staffing levels are based on full utilization of personnel during the snow and ice season. The following guidelines are related to granting leave approvals during this season. n Extended leave requests, of four days or more, will be considered and approved subject to two days written notice, if the leave does not jeopardize the City of Buffalo's ability to carry out snow and ice activities. o Leave requests of less than four days will be considered and approved subject to two days written notice and on a contingency basis subject to 24hrs notice of denial based upon reported /forecast weather conditions requiring additional snow and ice staffing. o Leave requests of one day or less in duration may be approved prior to, at the start of or during a shift to the operating needs of the Department based upon reported 1 forecast weather conditions. During a snow event all shifts work for 12-hours (or 10 hour shifts as needed) dividing the personnel based upon equipment availability. All shifts maintain their regular schedules; however, personnel will be offered 4 or 8 hour overtime blocks to supplement the workforce assigned to ether shifts, based on need and equipment availability. All other Streets Department duties will cease at of the start of the winter event. The department will place personnel into districts they are familiar with to best of our ability. This will improve the overall efficiency of the Department's snow fighting efforts. 13 To effectively fight an "average" snowstorm (up to 10 incites in one day), each district will have; Three (3) salt spreaders with plows to be used on main streets, viaducts and school crossings Two (2) high -lifts with plows for residential side streets (3 for West Side area). ® One (1) high -lift with bucket to be used for snow removal on dead -end streets, at bus stops, and at school bus areas to improve safety for children getting on and off their bus (as needed). ® Additional snow removal efforts will be made in the downtown business area as a result of meetings with the Downtown Business Association. The meetings were held to discuss services that are provided by the Department, and how they could be improved. The most treacherous area during any snowstorm is the area along Fuhrman Boulevard. Although technically we are not obligated to plow the skyway entrances and exits that lead to Fuhrman, we make it a point to make sure they are cleared. Due to the blowing and drifting conditions in this area, additional attention is paid here to maintain safe driving conditions. This area typically needs two (2) salt spreaders with plows. A snow alert condition is defined as a normal operational condition. No special procedures are required. Regular duties are performed by personnel. During a snow alert condition, our trucks will be assigned to be pre - determined routes. Drivers will be dispatched to their appointed runs to begin spreading salt and plowing as needed. Viaducts and bridges will get special attention, since they are susceptible to icy conditions prior to most roadways. After trucks are dispatched to their areas, they are in constant communication with our dispatching and radio room network and under the direct supervision of a street sanitation supervisor. All snow - fighting vehicles are in continuous contact with their foreman and other essential personnel. 14 Vehicles are assigned to every district in the city. However, if there are parts of the City experiencing more snowfall than another, trucks will be reassigned to those areas as needed. Ill. Snow Plowing Conditions When the salt operations no longer are able to handle the snow, snow plowing operations commence. The primary focus in snow plowing is to reach all major streets and arterioles. These major streets and arterioles include bus routes, and those streets that have a hospital, ambulance facility, fire station, and / or police station located on them. This action will ensure the continuous operation of these facilities in the event of an emergency. When snowplowing operations commence, all city department heads are put on alert. This alert status is required in the event their assistance is needed to supplement the Department of Street ® Sanitation (hereinafter referred to as the Department) plowing operations. The Commissioner of the Department retains a listing of the number of vehicles, their types, and qualified personnel from other departments who can operate snow- fighting equipment. After various meetings with the Engineering, Buffalo Sewer Authority, Water, Parking and the Buffalo Municipal Housing Authority, all have agreed to assist in snow removal operations when necessary. All the above mentioned departments have agreed to work in designated areas near their center of operations. However, if it is felt that one area of the city needs more attention, this plan is flexible enough for us to make modifications where needed. This assistance is invaluable when the City enters into Phase 11 of our snow control plan. When snow plowing conditions subside we focus then upon clean up and / or removal of snow. This becomes vital to the overall management of snow fighting procedures. Snow that is being removed will be hauled to pre - determined dump sites. The Department returns to Snow Alert Status once the snow removal operations are determined to be under control. Salting once again commences, unless determined otherwise by the Streets Director. IV. Snow Emergency Conditions Snow emergency conditions are those when equipment and manpower, due to the excess accumulation of snow, are such that main roads and emergency facilities can no longer be kept clean and safe. A snow emergency is 15 declared when the Mayor, along with the Commissioner of the Department, determines that the amount of snow failing becomes detrimental to the health, welfare and safety of the public. At this time, all City Department heads are put on alert status, and told to activate their equipment and manpower. A command center is immediately activated in the ground floor office at the Broadway Garage. The Command Center will have a dedicated phone line, with other phones being made available at the garage. All essential phone numbers, including police stations, fire stations, hospitals, NYS Regional Offices, NYSDOT offices and local media are prominently displayed. Enlarged drawings of each of the districts will also be prominently displayed to track the progress of snow fighting in each district. The Mayor's Director of Communications will coordinate all media inquiries unless otherwise designated, which will be handled through the Command Center. This person(s) is assigned by the Commissioner. The Command Center will remain active until the City has been taken cuff snow emergency status, and has returned to either snow plowing or snow alert status. The media will be notified to alert residents and businesses of the emergency status within the city, as well as driving bans that may be in effect. Since the 1999 -2000 winter seasons, a parking ordinance has been in effect during snow emergency conditions. The rules involve an "Odd -m Even" system of parking. When a .snow emergency is declared by the Mayor, if the date is an even date, for example January 2I residents must park on the even side of the street (the side of the street with even addresses). Notification of emergency status, driving bans, and changes in parking rules will be broadcast through local television and radio stations. Where parking restrictions become problematic, off- street parking locations have been identified. We have identified areas for off- street parking, and have made agreements with the owners to utilize their property daring emergency conditions. The agreements with the owners state that we will plow the lots for the owner in return for letting neighborhood cars park there to alleviate parking problems during snow plowing and removal. In some instances, the variety of city parking policies can be an issue when snow needs to be cleared from a street in a timely manner. Island streets, 9 -4 parking streets, dead -end streets, and streets that have parking all the time on one side or both sides may create problems. If needed outside contractors are enlisted to assist in snow fighting operations. The contractors either report to the Broadway Garage or to a pre- 16 9 -4 parking streets, dead -end streets, and streets that have parking all the time on one side or both sides may create problems. If needed outside contractors are enlisted to assist in snow fighting operations. The contractors either report to the Broadway Garage or to a pre- determined area where they work under the direct supervision of departmental supervisors. The department is aware of all streets considered primary, secondary, bus routes, and streets that encompass emergency facilities within the City. The NYS Thruway, Route 33, 1 -198 and the Elm ®- Oak arterial, are the responsibility of the NYSDOT and the NYS Thruway Authority. The Department remains in constant communications with these two (2) agencies throughout any snow emergency. V. Residential Street Protocol Within 24 hours of a snow event, the Department's goal is to complete at least one (1) snowplow pass on every residential street in the City of Buffalo, The first priority is to always keep primary (main) streets and evacuation routes clear. Because of this, snow accumulation on some residential streets may be greater than usual during severely heavy and continuous snow storms. Dumber Year Make Description Plow 5 -507 1996 John Deere Wheel loader Blower 5 -510 1996 John Deere Wheel loader 10' rev 5 -511 1996 John Deere Wheel loader Blower 5 -514 2006 John Deere Wheel loader 10' rev S-515 2006 John Deere Wheel loader 10' rev 5 -516 2006 John Deere Wheel loader 10' rev 5 -517 2006 John Deere Wheel loader 10' rev 5 -518 2007 John Deere Wheel loader 10' rev 5 -519 2007 John Deere Wheel loader 10' rev 5 -520 2007 John Deere Wheel loader 10' rev 5 -521 2007 John Deere Wheel loader 10' rev S -522 2008 John Deere Wheel loader 10' rev S -523 2008 John Deere Wheel loader 10' rev 5 -524 2008 John Deere Wheel loader 10' rev *S -525 2008 John Deere Wheel loader 10' rev `Latest additions to fleet 17 Plumber Year Make Description Spreader Plow tWing *1m -634 2009 Volvo TA dump 18' 18' insert 10' rev *F -627 2009 Volvo TA dump 18' 18' insert 10' rev *S -78 2009 Sterling TA dump 16' 16' insert 10' rev (wing *S -77 2009 Sterling TA dump 16' 16' insert 10' rev /wing 5 -76 2008 Sterling TA dump 16' 16' insert 10' rev /wing S -75 2008 Sterling TA dump 16' 16' insert 10' rev /wing 5 -74 2008 Sterling TA dump 16' 16' insert 10' rev /wing S -73 2008 Sterling TA dump 16' 16' insert 10' rev /wing S -72 2008 Sterling TA dump 16' 16' insert 10' rev /wing S -71 2008 Sterling TA dump 18' 17' insert 10' rev S -70 2008 Sterling TA dump 18' 17' insert 10' rev S -69 2008 Sterling TA dump 18' 17' insert 10' rev S -68 2008 Sterling TA dump 18' 17' insert 10' rev 5 -67 2008 Sterling TA dump 18' 17' insert 10' rev S -66 2007 Sterling TA dump 16' 16' insert 10' rev S -65 2007 Sterling TA dump 16' 16' insert 10' rev 5 -64 2007 Sterling TA dump 16' 16' insert 10' rev S -63 2007 Sterling TA dump 16' 16' insert 10' rev S -62 2006 Sterling TA dump 16' 16' insert 10' rev S -61 2006 Sterling TA dump 16' 16 insert 10' rev S -60 2006 Sterling TA dump 16' 16' insert 10' rev 5 -59 2006 Sterling TA dump 16' 16' insert 10' rev S -58 2005 Volvo TA dump 18' 17' insert 10' rev 5 -57 2005 Peterhilt TA dump 16' 16' insert 10' rev 8-56 2004 Volvo TA dump 16 16' insert 10' rev /wing S -55 2004 Volvo TA dump 16' 16' insert 10' rev Awing S -53 2003 Volvo TA dump 18' 17' insert 10' rev 5 -52 2003 Volvo TA dump 18' 17' Insert 10' rev 5 -51 2002 Volvo TA dump 18' 17' insert 10' rev S -50 2002 Volvo TA dump 18' 17' insert 10' rev S-49 2002 Volvo TA dump 18' 17' insert 10' rev S -48 2000 Volvo TA dump 16' 16' radius 10' rev 5 -47 2000 Volvo TA dump 16' 16' radius 10' rev S-46 2000 Volvo TA dump 16' 16' radius 10' rev S -44 2000 Volvo TA dump 16' 16' radius 10' rev S-43 2000 Volvo TA dump 16' 16' radius 10' rev S-41 2000 Volvo TA dump 16' 16' radius 10' rev S-40 1999 Freightliner SA dump 10' 10' radius 10' rev S -39 1999 Freightliner SA dump 10' 10' radius 10' rev S -38 1999 Freightliner SA dump 10' 10' radius 10' rev 5 -37 1999 Freightliner SA dump 10' 10' radius 10' rev S -36 1999 Freightliner SA dump 10' 10' radius 10' rev S -35 1998 Freightliner SA dump 10' 10' radius 10' rev /wing 5 -34 1998 Freightliner SA dump 10' 10' radius 10' rev /wing S -33 1998 Freightliner SA dump 10' 10' radius 10' rev /wing S -32 1998 Freightliner SA dump 10' 10' radius 10' rev /wing S -31 1998 Freightliner SA dump 10' 10' radius 10' rev /wing S -30 1998 Freightliner SA dump 10' 10' radius 10' rev /wing S -29 1996 Volvo TA dump 18' only 10' rev S -28 1996 Volvo TA dump 18' only 10' rev S -27 1996 Volvo TA dump 18' only 10' rev 5 -19 1991 Mack TA dump 18' 17' mount 10' rev S -18 1990 Mack TA dump 18' 17' insert 10' rev S -17 1990 Mack TA dump 18' 17' mount 10' rev S -259 2006 GMC SA dump 10' 8' insert 9' rev S -260 2006 GMC SA dump 10' 8' insert 9' rev *S -270 2008 GMC SA dump 10' 8' insert 9' rev *S -271 2008 GMC SA dump 10' W insert 9' rev *S -272 2008 GMC SA dump 10' 8' insert 9' rev *Latest additions to fleet 18 W = . 1. Delaware District 44- Chapin Pkwy -- Gates Circle to Forest & Soldiers Place 444 Colvin — Amherst to Linden -�- Delaware -- Hertel to Kenmore — Nottingham to Forest (Both Sides) -$- Main — Kenmore to Niagara Falls Blvd. -,- Kenmore -- Main to Caper -4- Hecla — Kenmore to St. Lawrence -�* Parkside — Starin to Tacoma -- Humboldt to Jewitt Pkwy 2. Ellicott District Louisianna — Miami to South -:- Ohio — All 4 4 4 South Street — All 44- Ganson Street —All 4- Hamburg — Republic to South -44 Griffin & Exchange 4 All Dead Ends off Republic — Kentucky; Tennessee; Vincennes; Alabama; Vandalia; Hopkins (Bell to Tifft) -4- Emslie — Howard to William 44- Jefferson — Swan to Clinton -- Spring — Seneca to Clinton 44- Pine — Clinton to Swan -.- South Division — Pine to Swan -- Eagle — Michigan to Swan 44- Pine — South Division to Broadway -4- William — Michigan to Jefferson -44 Hickory — South Division to Broadway 3. Fillmore District -44 Memorial Drive - 4 4 Mills -4- Lathrop -4- Walden & Sycamore -.- Gibson — By Sattlers Parking Lot -4- Sprenger — Hemmingway to Doat -44 Countess — Genesee to Hemmingway -4- Sycamore — Howlett to Gittere Curtiss ® Peckham to Newton LEI 4. Lovejo District + +° Weiss & Dingens ;+ Dorothy near Gilbert + a + Ogden & R Drive 4 &° Depot near Howard • +• Central near Lovejoy ' ++ Will across DS Post Offic +++ Greene & King *4° Babcock near Will +2+ James E. Casey +4• Bailey — William to Clinton +4° South Ogden near Mineral Springs +�+ Fillmore & William +4° Elk near Babcock 6. Niagara District 4 Niagara — Porter to Connecticut +¢+ Niagara — Hampshire to Busti 0 Niagara — Potomac to Bird +4+ 7 Street — Massachusetts to Busti sS 7 Street — Porter to Connecticut +4+ Busti — Hampshire to Massachusetts e +° Bush — Vermont to Porter *:+ Prospect — Porter to Connecticut 6. North District °+ Race & Military; Military — Hertel — Hinman Brass Plant • +° River Rock Drive °d+ Tonawanda — Crowley to Vulcan +4+ Niagara — Ontario to Vulcan +° Elmwood — Hertel to Kenmore +4+ Seabrook — Vulcan to Roesch +�$ Page — Lawn to Race 7. University District °:- Bailey to Main -0,+ Fiilmore at Delavan +4+ Grider from Pembroke — Kensington +4+ Manhattan Central Park to Grill +®+ Berkshire — Parkridge top Amherst Eggert — Expressway to Delavan +4+ Kensington — Grider to Fillmore Note: Where practical, these are potential snow fence locations. 20 rimary Streets STREET FROM TO [DISTRICT MILES OF AVERAGE # OF MILES NAME STREET WIDTH PASSES PLOWED Main Goodell Bailey Delaware 1 North 6 60' _ 6 36 Delaware Church Kenmore Delaware / North 5.1 67' 6 30.6 Elmwood Eagle Kenmore Delaware f North 4.3 56' 6 25.8 Hertel Niagara Main North 3.9 55' 5 19.5 Kenmore Vulcan Main North 4.5 20' 2 10 = Amherst Niagara Main North 3.3 42' 4 13.2 Parkside Agassis Starin North 1.7 50' 5 8.5 Ontario Niagara Kenmore North 1.3 40' 4 5.2 Tonawanda Niagara Kenmore North 2.1 43' 4 8.4 Niagara Eagle City Line Niagara 1 North 5 60' 6 30 Richmond North Forest Niagara / Delaware 1.7 50' 5 8.5 Porter LaSalle Richmond Niagara 1 50' 5 5 Humboldt Gillette Parkside Masten / North 0.3 26' 3 0.9 Humboldt Northampton East Delavan Masten 0.5 40' 4 2 Humboldt Northampton Agassis Circle Masten _ 1 40' 4 4 Genesee Main City Line Masten / Fillmore 4.3 58' 6 25.8 East Ferry Main Bailey Masten I Fillmore 1.4 40' 4 5 Sycamore Oak Walden Masten / Fillmore 2.7 42' 4 10.8 Niagara Broadway Square City Line Masten / Ellicott 3.8 60' 6 22.8 Clinton Pine City tine Masten / Ellicott 3.4 60' 6 20.4 Ohio Michigan Fuhrman Blvd. Ellicott 1.6 42' 4 6.4 South Park Main City Line Ellicott / South 4.6 49' 5 23 Seneca Terrace City Line Ellicott 1 South 4.7 _ 47' 5 23.5 Abbott South Park Lackawanna South 2.2 41' 4 8.8 Forman City Ship City Line South Blvd Canal 3.1 42' 4 13.2 Tifft Fuhrman Blvd. McKinley South 2.1 42 4 8 Hopkins South Park Botanical Gardens South 1.4 40' 4 5.6 North Ogden William Broadway Lovejoy 0.9 40' 4 3.6 North Ogden Mineral Springs William Lovejoy 1.4 40' 4 5.6 William Broadway South Ogden Lovejoy 1 Ellicott 3.6 58' 6 21.6 Kensington Main Eggert University 2.9 40' 4 11.6 Bailey South Park Main Multiple 7 58' 6 42 Michigan Olio Main Multiple 3 42' 4 12 Fillmore Smith Main Multiple 4.5 50' 6 22.5 Jefferson Exchange Main Multiple 3.4 48' 5 17 21 STREET AVERAGE # OF MILES NAME FROM TO DISTRICT Swan Pearl Michigan Ellicott South Division Main Michigan Ellicott North Division Main Michigan Ellicott Eagle upper Terrace Michigan Ellicott West Mohawk Niagara Main Ellicott Upper Terrace Main Elmwood Ellicott - Church Upper Terrace Main Ellicott Court Seventh Main Ellicott Perry Michigan Smith Ellicott Elk South Park Smith Ellicott Ernslie Seneca Broadway Ellicott Smith South Park Fillmore Ellicott Howard Jefferson Smith Ellicott South Louisianna Hamburg Ellicott Hamburg South Seneca Ellicott Louisianna Ohio Seneca Ellicott Elk Smith Bailey Ellicott [ Washington Tupper South Park Ellicott Ellicott Seneca Tupper Ellicott / Masten Oak Tupper Seneca Ellicott / Masten Elm Seneca Tupper Ellicott / Masten Huron Niagara Oak Ellicott I Masten Chippewa Elmwood Genesee Ellicott! Masten Tupper Elmwood Michigan Ellicott I Masten Goodell Main Expressway Masten Cherry Michigan Expressway Masten Northland Main Grider Masten Carlton Main Jefferson Masten Northampton Main Fillmore Masten Best Genesee Main Masten Masten North Main Masten East Utica Main Fillmore Masten Forest Niagara Delaware Delaware / Niagara Pearl Tupper Upper Terrace Ellicott / Niagara Franklin Upper Terrace Tupper Ellicott / Niagara MILES OF AVERAGE # OF MILES STREET WIDTH PASSES PLOWED .6 38' 4 2.4 .3 36' 4 1.2 .3 32' 3 .9 .5 44' 4 2 .4 40' 4 1.6 .2 34' 3 6 A 60' 6 2.4 .4 48' S 2 1.3 36' 4 f 5.2 1,2 42' 4 4,8 1.1 28' 3 3.3 ,7 38' 4 2.8 .7 28' 3 2.1 .3 30' 3 .9 .9 38' 4 3.6 1 42' 4 4 1_ 42' f 4 4 1.3 42' 4 5.2 1.1 44' 4 4.4 1,1 48' 5 5.5 1.1 48' 5 5.5 .5 38' _ 4 2 .4 38' 4 1.6 .4 30' 3 _ 1.2 .4 44' 4 1.6 .1 1 32' 3 3 .8 30' 3 _ 2.4 .7 30' 3 2.1 1.1 28' 3 3.3 l 1.5 42' 4 6 1.2 30' 3 3.6 1.3 32' 4 5.2 1.6 47' 5 $ ! 1 46' 5 5 1 38' [ 4 4 P% STREET �� ®� �® ®IS`TR1�1' MILES OF AVERAGE # OF MILES NAME STREET WIDTH PASSES BLOW D West Ferry Niagara Main Niagara 1.8 44' 4 7.2 { Massachusetts Busli West Ferry Niagara .8 30' 3 2.4 West Utica Massachusetts Main Niagara 1.2 42' 4 4.8 West Delevan Niagara Main Niagara 1.8 40' 4 7.2 Lafayette Niagara Main { Niagara 1.8 38' 4 7.2 Grant Hampshire Military Niagara 2 36' 3 6 Hampshire Busti West Ferry Niagara .8 32' 3 2.4 Elk South Park Seneca Ellicott ! South 1.5 46' S 7.5 Southside South Park Seneca South 1 34' 3 3 North Legion Southside Cazenovia South .8 38' 4 3.2 South Legion Southside Cazenovia South . 8 28' 3 .4 Cazenovia Abbott Seneca South 4 { 42' 4 1 1.6 McKinley Dorrance Bailey South 1.8 { 54' S 9 Red Jacket McKinley Abbott South 2 { 50' S 1 Stevenson Abbott Seneca South .3 32' 3 0.9 Woodside South Park Potters ] South 1 28' 3 3 Elk Bailey Seneca South 2 40' 4 0.8 Indian Church Seneca Fields South .4 36' 4 1.6 Cazenovia Pkwy Seneca Abbott South .6 Varies 2 1.2 Gazzeenovia Seneca Cazenovia South .2 Varies Potters Abbott City tine South .7 28' 2 3 0.4 2.1 East Amherst Main Bailey University 1.4 40' 4 5.6 Eggert E=ast Delevan City line University 1.4 36' 4 5.6 Winspear Main Eggert University 1.1 40' 4 4.4 Dewey Main Castle University .8 28' 3 2.4 Olympic Delevan Kensington University .8 34' 3 2.4 Parkridge Kensington Winspear University .8 28' 3 2.4 Comstock Kensington Winspear University .8 26' 3 2.4 Suffolk Delevan Winspear University 1.6 28' 3 4.8 Walden Genesee City Line Fitlmore 1.9 42' 4 7.6 Paderewski Smith NY Central Fitlmore { .4 40' 4 1.6 Herman Broadway Best Fitlmore { .7 30' 3 2.1 Peckham Smith Memorial Fitlmore 2 40' 4 0.8 Memoriai William Broadway Fitlmore 8 50' S 4 Doat Genesee City line Fitlmore 11 32' 3 3.3 Sprenger Genesee Doat Fitlmore .2 30' 3 0.6 Hinman Military Delaware North .9 34' 3 2.7 23 STREET OF AVERAGE # OF MILES FROM FROM TO DISTRICT NAME STREET WIDTH PASSES. PLOWED Tacoma Delaware Starin North 1.8 28' 3 5.4 Starin Kenmore Amherst North 1.2 40' 4 4.8 Vulcan Niagara Kenmore North ,g .18' 2 1.8 Esser Tonawanda Skillen North .6 30' 3 1.8 Hotaling Tonawanda Niagara North .2 36' 4 .8 Sanders Delaware Hobmoor North .6 28' 3 1.8 St. Lawrence Delsan Starin North .6 28' 3 1.8 Shoshone Tauton Hertel North .4 28' 3 1.2 Depew Main Parkside North .6 48' 4 2.4 Linden Delaware Parkside North .7 46' 3 2.1 Jewett Parkside Main North .4 30' 3 1.2 Niagara Main Kenmore North .3 40' 4 1.2 Falls Blvd. Nottingham Elmwood Amherst North 1.1 32' 3 3.3 Austin Military Niagara North .6 36' 4 2A Military Amherst Kenmore North 1.5 42' 4 6 1 Colvin Amherst Kenmore North 1.2 50' 5 6 Parker Main Tauton North 1 36' 3 3 Babcock William Elk Lovejoy .6 36' 4 2.4 Stanley Bailey Greene Lovejoy .2 30' 3 .6 Vanderbilt Greene Schiller Lovejoy .4 28' 3 1.2 Ludington Bailey City Line Lovejoy .7 28' 3 21 Dingens Bailey City Line Lovejoy .8 36' 4 3.2 Frank Mineral f=ield Lovejoy .2 26' 3 6 Springs North Ogden Broadway Richard Lovejoy 2 46' 4 .8 Richard North Ogden South Ogden Lovejoy 1 30' 3 .3 South Richard Mineral Lovejoy .4 40' 4 1.6 Ogden Springs Mineral Seneca South Ogden Lovejoy .6 36' 4 2.4 Springs North Main Richmond Delaware .6 30' 3 1.8 Allen Wadsworth Main Delaware .5 36' 4 2 Linwood North Delevan Delaware 1.4 38' 4 5.6 Lincoln Pkwy Bidwell - Forest Delaware .4 44' 4 1.6 Bidwell Pkwy Richmond Lincoln Pkwy Delaware 6 70' 6 3.6 Chapin Pkwy Lincoln Pkwy Lafayette Delaware 5 70' 6 3 24 Dorchester /Niagara Days Park/Ellicott Argyle /North Johnson Pkwy /Ellicott St Catherine CtlDelaware Arlington Pkwy /Ellicott District 2 Pelham /University AllenhurstlUniversity Capen /University Lincoln /'Delaware /North Penh u rst/Delaware RadcliftiUniversity Larchmont/Larchmont University /University Middlesex/Delaware Shoreham /North Fordham /North Bedford /North Chatham /North MiddleburylNorth Randwood /North New Amsterdam /Delaware Linden /Ellicott Norway /Ellicott Viola /fasten Beveriy/Masten Brunswick/Masten Roanoke /South Seminole /South St. Mary /Lovejoy Academy /Lovejoy RunmKII Ridgewood /South Culver /South Harding /South Coolidge /South Tuscarora /South Duane /Delaware Linview Terrace /Delaware Willowlawn /Delaware 25 I NFTA Metro Primary Emergency Bus Routias . m 1 William Downtown Lovejoy I Goethe 2 Clinton City Hall Fernwood 3 Grant Downtown Vulcan, via Grant and Skillen j 4 Broadway Downtown City Line 5 Niagara Downtown Vulcan j 6 Sycamore Waterfront Randolf 7 Ba Downtown Forest/ Richmond, via Franklin, North, Richmond Richmond, Baynes 8 Main Downtown City tine 11 Colvin Downtown City Line, via Delaware, Amherst and Calvin Main & Kensington I Hunley, via Fast Utica, French, 12E East Utica Utica Kerr, Ferry, Bailey, Langfield, Eggert and Kensington 12W West Utica Main & Bailey 1 Highgate, via Main 1 Ferry, Grider and Utica Kensington I Bailey - 14 Abbott Downtown Abbott I Greenwood, via South Park and Abbott 15 Seneca Downtown City tine 16 South Park Downtown City tine 17 Kensington / Delevan City tine, via Main and Kensington Williamsville Station 18 Jefferson Delevan Delevan and Jefferson Station Campus 19 Bailey Station McKinley Circle Bailey j 20 Elmwood Downtown City tine 22 Porter/ Best Lakeview Walden 1 Bailey, via Porter, Summer and Best I Jersey 23 Fillmore'I South Watergate Apartments, via; Fillmare, Main, and Hertel Park I Lee Hertel 24 Genesee Amtrak City Line Buffalo 25 Delaware Downtown City Line 26 Delevan Delevan I Delevan 1 Preston Niagara 29 Wholers Main 1 Jefferson Hudson 1 Effner 30 Kenmore Main 1 Tonawanda I Vulcan, via Main, Kenmore, Bailey Military, Ontario, Niagara and Tonawanda_ j 31 Ogden 1 Tifft Broadway Nasson Loop, via McKinley Circle I Bailey Babcock William Clinton Babcock William Babcock Station (Used By All Buses) Babcock Clinton Babcock Station (Used By Service Trucks, Not Buses) 39 Darker Kenmore via Starin, Parkside, Florence, Main and Delevan MILES OF STREET 4.4 4.4 7.2 4.4 6.4 5.3 4.4 6.2 6.3 8.5 4.13 6.6 5.3 6.1 7.1 7.4 10.1 5.8 4.7 9.8 5 6.1 5.5 4.9 5.3 6,8 0.2 0.5 STREET FROM TO DISTRICT MILES OF "ERAGE # OF MILES NAME STREET WIDTH PASSES PLOWED Choate South Park Abbott South .6 28' 3 1.8 Lorraine Abbott McKinley South .2 28' 3 .6 Hodge Ashland Delaware Delaware .3 30' 3 .9 Bryant Richmond Main Delaware .8 28' 3 2.4 Carolina Seventh Niagara Delaware .1 30' 3 3 Crider East Ferry Leroy University 1.2 37' 4 4.2 Senwood Main East Morris University .2 30' 3 .6 Kingsley Humboldt Wohlers Masten .1 26' 3 .3 High Main Michigan fasten .3 30' 3 .9 Goodrich Elk Michigan Masten .2 30' 3 .6 Barton Auburn Lafayette Niagara .1 26' 3 .3 Seventh Court Carolina Ellicott 3 38' 4 1.2 Pine Swan Broadway Ellicott .8 36' 4 3.2 � r 0 1 I. District I Subway or Overpass ❑ Porter Avenue over Thruway II. District 2 ➢ Bridge or Viaduct ® Military Rd. m- North of Chandler ❑ Military Rd. — South of Hinman • Tonawanda St — at Amherst • Austin St -- East of Tonawanda St. ❑ Niagara St — North of Tonawanda St (2 Subways) ❑ Skillen St — Between Ontario and Military Rd ❑ Hertel Ave. — Between Military and Tonawanda St ® Niagara St. — near Forest ® Hamilton — Austin — Hertel — from Niagara to dead -end, Hertel west of Niagara ❑ Delaware Ave — between Knox and Linden ® Colvin Ave — between Crescent and Linden ❑ Parkside Ave — Between Depew and Linden ➢ Subway or Overpass ❑ Main St — between Jewitt and Rodney ❑ Main St — at Kensington ❑ Grant St — South of Amherst over Thruway III. District 3 9 Bridge or Viaduct ❑ Fillmore and Northland ® East Ferry -- West of Grider ® Suffolk — between Oakmont and Roosevelt > Subway or Overpass ❑ Kensington Ave — between East and West Humboldt ❑ East Ferry — between Humboldt Pkwy and Expressway ® Fillmore — South of Kensington ❑ Deerfield Ave — between Kensington and Pembroke ❑ East Utica — between Fillmore and Wohlers ® Best — Linden and Herman ❑ Best — between Herman and Expressway IV. District 4 Bridge or Viaduct ❑ French — between Barthel and Kehr ® Fougeron between Barthel and Kehr ❑ Delevan and Olympic • Genesee St — Between Colorado and Leslie • Walden Ave —Walden and Sycamore ❑ Genesee St — between Wadmuth and Roetzer ® Goodyear — between Sycamore and Empire ® Miller — between Sycamore and Empire ❑ Sycamore St --- between Lathrop and Howlett 28 0 Broadway at Memorial Drive ® East Ferry — between Colorado and Leslie El North Doat -- between Rapin and Rustic ® East Ferry _ West of Grider St ® Swan and Seneca ® Van Rensselaer -- between Perry and Exchange ® Louisianna St — between and Seneca and Thruway ® Ohio — South of Ganson ® Smith St -- between Perry and Thruway L11 Clinton and Bond ® Emslie and Eagle > Subway or Overpass ® Bailey Ave — between West Share and Broadway ® East Ferry — between Humboldt and Expressway ® Michigan — between Scott and Seneca Q Hamburg St — between Seneca and Fulton U Seneca St — between Hamburg and Larkin ❑ Hamburg and Expressway at Perry ® South Park —between Katherine and Elk ® South Park over Buffalo River ® Elk St --- between Smith and Lee II Ohio Street — between Ganson and Fuhrman Blvd V District 5 > Bridge or Viaduct U Clinton and Fillmore ® William and Fillmore ® William and Ogden ® Broadway and North Ogden LJ Smith and Oneida ® Bailey Ave — between William and ®ingens ® Clinton ®- between Olsen and Roberts ® Perry and Milton ® Howard — East of Fillmore Babcock and Quinn Subway or Overpass ® South Ogden St — between Griswald and Dingens ® Bailey Ave — between Seneca and Clinton ® Bailey Ave — between Stanley and Broadway ® Babcock -® between Seneca and Clinton ® South Ogden -- between Mineral Springs and Seward 29 Off Street Parkin Sites Delaware District 1466 Hertel Ave. 1509 Hertel Ave. Ellicott District 339 Hudson across Orton 198 Allen St. 252 Allen St. 92, 102, 104 Orange St. Fillmore District 843 -849 Seneca St. 132, 134 Clare St. 248 Gibson 1193 Broadway 612 Fillmore Lovejoy District 1111 Lovejoy Ave. 1177 Lovejoy Ave. Masten District 1406 Fillmore Ave. 866 Oelavan *1354 Jefferson Ave. *283 -289 Glenwood Niagara District 182-186 Grant St. 6 Esser St 304 West Utica St. 301 Bryant St. *37, 43, 53, 55 Auchinvole *274, 278,280 Breckenridge 30 North District 569 -573 Forest 195 Military 378, 380 Military 394, 390 Hertel Ave. 180 Hertel Ave. 641 Hertel Ave. 317 Tonawanda St. (backed up to Troy Pl.) Foot of Farmer South District 2317 Seneca St. University District 18 W. Winspear 22-26 Death St. 3274 Main St. 3102 Bailey Ave. `Denotes same lot with 2 different access addresses 31 Pare Garage 1 Meadow View Terr. Engine 34 Engine 3 Unleaded 1 Diesel 2337 Main /Mercer 609 Broadway 4906 Gal. (UIL) Unleaded Diesel 4000 Gal. (Diesel) 550 Gal. Tank 1000 Gal. Tank Phone: 884 -9601 Phone: 834 -4612 Phone: 351 -4425 Police Garage Engine 1 Engine 16 341 Seneca St. 132 JeffersonlKingsley Unleaded / Diesel So.DivisionlEllicott Diesel 8000 Gal. (UlL) Diesel 1000 Gal. Tank 3000 Gal. (Diesel) 1000 Gal. Tank Phone: 884 -1839 Phone: 851 -4709 Phone: 851 -5969 Engine 32 Broadway Garage Engine 4 700 SenecalSwan 197 Broadway 935 Abbott/Hollywood Diesel Diesel Unleaded 10-0 Gal. Tank 12000 Gal. Tank 500 Gal. Tank Phone: 851 -4304 Phone: 851 -5347 Phone: 827 -8457 Broadway Lube Engine 25 Engine 37 Main Floor So. Side /Seneca 500 Rh. Island 197 Broadway Diesel Diesel Phone: 851 -5941 1000 Gal. Tank 9000 Gal. Tank Phone: 827 -8977 Phone:884 -1526 Broadway Lube Mechanic's Shop Engine 31 197 Broadway 2025 BaileylDoat Phone: 851 -4556 Diesel 1000 Gal. Tank Engine 33 Phone: 896 -4960 Colvin /Linden Diesel 1000 Gal. Tank Phone: 851 -4864 32 Police q 8- 74 Franklin St, Buffalo, NY 14202 D ".." 695 Main Street, Buffalo 14202 Chief Brian Patterson Captain Captain William Blake C — DISTRICT 851-"12 693 East Ferry Street, Buffalo 1421 `I Chief Marcia Scott Captain William Cusella Captain Mike McCarthy ® — DISTRICT 861-4413 669 Hertel Avenue, Buffalo 14213 Chief Anthony Barba Captain Gregg Bl ®sat Captain James Fagan 2767 Bailey Ave, Buffalo 14216 Chief Fred D. r Captain s Stabler 33 Buff alo Fire a€r►�►�f Headquarters. 851 -5333 Service Station i C { :.. .. 8 ., 156 Ohio Street Fire Prevention Bureau 312 City Hall Fire Training Burear 68 En gine 3369 Broadway, Cheektowaga 14226 1 s 11 2 Ellicott and South Division District 34 District 4 Engine 4 939 Abbott and Hollywood Engine 22 1626 Broadway (near Wick) Engine 32 ® Ladder 6 700 Seneca (near Swan) 651 -9679 RUMP I-IN CIE 996 -9101 DII& 1i n4_ _ i Niagara Family Health Center 859 -4110 300 Niagara Street Women and Children's Hospital 878 -7090 219 Bryant Street > Millard Fillmore 887 -4500 3 Gates Circle District 3 ➢ Doswell Park 845 -2300 Elm & Carlton St Francis 837-4200 34 Benwood Ave Sisters of Charity 862 -1000 2157 train Street > Veteran's Administration Medical Center 834 -9200 3495 Bailey Ave Erie County Medical Center 898 -3000 462 Grider Street District 4 > Sheehan Memorial 848 -2000 425 Michigan Ave District > Mercy 826 -7000 565 Abbott Road 36 D'Youville Porter Bilingual E. C. C. #36 North Park Middle #fib Campus 816 -3210 816 -3440 School# 3 816 -3120 Futures Academy #37 Discovery School #67 816 -3800 816 -4922 Buffalo Elementary School of Tech. #6 Dr. Martin Luther King Houghton Academy 846 -3767 Multicultural Inst. #39 #69 816 -3240 816 -4794 Poplar E.C.C. #11 816 -3140 #43 Academy @ #71 Lorraine Elementary 8163260 #7 P.C.C. #17 816 -4809 816 -3150 international School #45 a@ #4 Hamlin Park Dr: Antonia Pantoja (Grades 4 -8) Elementary #74 #18 816 -3760 816 -3490 816 -3160 International School Herman Badillo Dative American #45 @ #40 Bilingual Academy Magnet #19 (Grades PK -3) #76 @ #77 816 -3180 816 -3806 816 -3848 Hillery Park Community School Montessori #78 Elementary #27 @ #53 816 -4020 #28 816 -3330 816 -4770 M. William J. Dr. George Blackman Grahiarz #79 Prank A. Sedita E. C. C. #54 816 -4040 Elementary #30 816 -3340 816 -3220 Highgate Heights #80 Dr. Charles R. Drew 816 -4050 Harriet Ross Tuhman Science Magnet #59 #31 816 -3370 (Museum) School #81 816 -3780 816 -4440 (Zoo) 816 -4060 Bennett Park E. C. C. #61 E. C. C. #82 Montessori #32 c@ 816 -3400 816 -4070 #63 816 -3410 Frederick Law Erie County Health Olmsted #64 Care Center for Bilingual Center #33 816 -3420 Children #64 818 -4783 897 -8080 Roosevelt E. C. C. #65 816 -3430 91A Dr. Lydia T, Wright Academy School Riverside Institute of School of Excellence #131 @ #44 Tech. #205 #89 816-3270 (Grades 11 -12) 816 -4110 816 -4360 Dr, Charles R. Drew Science Magnet #90 816 -4120 Frederick ,Law Olmsted #56 @ Kensington 8164330 Riverside Institute of Tech. #205 a@ #51 (Grades 9 -10) 815 -1400 B. U. I. L. D. Academy #91 816-4.140 Southside Elementary #93 816-4818 West Hertal Elementary #94 816 -4150 Waterfront Elementary #95 816 -3900 Campus West #96 8887128 Harvey Austin School #97 816 -4460 Stanley Makowski E. C. C. #99 81 6-4180 Occupational Training Center #42 816 -3250 Buffalo Academy for Visual & Performing Arts #192 816-4220 City Honors #195 @ #56 (Grades 5-6) 816 -3350 City Honors #195 @ #8 (Grades 9 -12) 816 -3130 Math, Science & Tech. Prep. School @ Grover #198 816 -4500 International Prep. School @ Grover #998 816 -4306 Bennett #200 8164250 Grover Cleveland #202 816-4300 Lafayette #204 816 -4340 ..� it �.. 816-38 Leonardo da Vinci #292 816 -4380 Burgard #309 (Grades 11-12) 816 -4450 Burgard @ #179 (Grades 9.10) 816 -3480 Emerson School of Hospitality #302 816 -30'18 Hutchison Central Technical #304 816 -3888 McKinley #305 816 -4480 East #307 816 -4520 Middle College #335 851 -3763 38 SPREADER STREET R OUTES D ISTRICTS � 14 17 • v 15 19 v 1 2� 6 39 `!!► ..y t4 , �' j�� :l !Strict 1 / Primary Spreader Route STREET FROM To Main Tupper W. Delavan Harvard Main W. Delavan Franklin Tupper North Linwood North Delavan Elmwood Niagara Forest Delaware Tupper Forest .Delavan Richmond Main Fern Richmond Main W. Utica Richmond Main Summer Richmond Main Noah Richmond Main . Wadsworth North Allen Allen Wadsworth Main West Pennsylvania Tracy Trac West Elmwood Niagara Pennsylvania Elmwood I Seventh Pennsylvania Virginia Seventh Carolina Court Busti Pen sVivania Virginia Court Elmwood End Jackson Alley Church Court West Genesee Thruway Upper Terrace Church Thruway Upper Terrace Lower Terrace Court Main :l 41 Distract 1 14 Secondary Spreader Route STREET FROM TO Lincoln Pkwy Bidwell Pkwy Forest Bidwell Pkwy Richmond Lincoln Pkwy Chapin Ploy Lincoln Pkwy Lafayette Lafayette Richmond Main Hodge Ashland Delaware Bryant Richmond Main Norwood Summer Lafayette Ashland Summer Bidwell Pkwy Oakland Summer Bryant Pennsylvania Lakeview North Hudson Thruway Wadsworth Maryland Fourth College Georgia Niagara Whitney Whitney Hudson Georgia Prospect Pennsylvania Huron Virginia Elmwood Main 41 42 District 21 Primary Spreader Route STREET FROM To Richmond North Forest Baynes W. Ferry Forest Abbottsford Bird Forest Grant Hampshire Forest West Forest Bird West Delavan Penfield West Porter Pennsylvania Bird Niagara Forest Niagara Forest Pennsylvania W. Delavan Niagara Richmond Penfield Niagara idlest Lafayette Niagara Richmond W. Perry Thruway Richmond Chenango W. Utica W. Ferry Brayton W. Utica Massachusetts Winter Massachusetts Hampshire Normal Pennsylvania Hampshire Plymouth Pennsylvania Hampshire Prospect Pennsylvania Niagara Seventh Pennsylvania Niagara Busti Pennsylvania Niagara Lakeview Jersey Porter Hampshire Winter W. Ferry Massachusetts Busti Richmond W. Utica Brayton Richmond Porter Lasalle Park Richmond York Porter Normal Jersey Lakeview Busti 42 STREET FROM TO Jersey Richmond Seventh York Richmond Normal Connecticut Richmond Busti Vermont Richmond Busti Rhode Island Richmond Busti Hampshire hinter Busti Breckenridge Richmond Niagara Auburn Richmond Niagara Potomac Richmond Niagara Bird Richmond Niagara Hoyt W. Ferry Forest Parkdale W, Ferry Forest West Pennsylvania Forest 43 s r a _ � OR ID c c A : f ca �: �T 46 too t fist . District 5 s AM STREET FROM TO Elmwood Forest Kenmore Grant Forest Military Military Amherst e Kenmore Tonawanda Niagara Vulcan Niagara Forest Vulcan Vulcan Niagara Kenmore Ontario Niagara Kenmore Kenmore Vulcan Ontario Kenmore Military Elmwood Skillen Vulcan Military Hinman Military Elmwood Hertel Thruway Elmwood Amherst Niagara Delaware Forest Niagara Delaware 44 45 District Secondary Spreader Route STREET FROM TO Lincoln Forest Great Arrow Nottingham Delaware Elmwood Great Arrow Delaware Elmwood Grote Elmwood Military _ Chandler Military Easterly End Austin Military Niagara Parrish Niagara East East Parrish Arthur Dearborn Hertel Parrish Rano Tonawanda Crowley Crowley Rano Niagara Riverside Niagara Rano Esser Tonawanda Skillen Roesch Tonawanda Kenmore Newfield Ontario Vulcan Hotaling Tonawanda Niagara 45 r• � ru"istrict 7 / Primary Spreader Route STREET FROM TO Kenmore Elmwood Main Hinman Elmwood Delaware Tacoma Delaware Starin Hertel Elmwood Fain Amherst Delaware Main Florence Parkside Main Delaware Forest Kenmore Colvin Amherst Kenmore Parkside Humboldt Starin -Star - Starin Parkside Kenmore Main ®elavan Bailey Niagara I . Kenmore Main 46 Hertel Alain Taunton Parkside Parkside Delaware Amherst Main 47 District 7 l 8 : Secondary Spreader Roue STREET FROM TO = Camd Hemel Comet Ramsdell Elmwood Delaware Villa Delaware Hobmore Sander Delaware Hobmore t® Lawrence Delcin Starin Tauton Virgil Shoshone Hertel Alain Taunton Parkside Parkside Delaware Amherst Main 47 r S� .. .�: � ': District 9 1 Primary Spreader Route C. UUMViIII plain urider Kensington Main City Line Langfield bailey Eggert E. Amherst Main Barley Berkshire Amherst Bailey Winspear Main Eggert Jefferson Northland Main Fillmore Ferry main Grider Ferry Leroy Ba"Hey ®elavan Main Eggert Langfield Winspear 48 M. District i 1 Secondary spreader Route STREET FROM TO Wholers E. Ferry Northland Hager Northland E. Delavan Northland Main Crider Dewey Main Castle Leroy Main Kensington Halbert Dewey Rodney Rodney Main Hill 1 H Leroy E. Amherst Manhattan Leroy E. Amherst Deerfield Delavan Kensington Wyoming Pelavan Kensington Olympic Delavan Kensington Parkridge Kensington vinspear COMStOCK Kensington Winspear Delavan Wins p ear Orleans Kensington Winspear W. Cleveland Eggert City Line Kay Eggert Edison Edison Kay Delavan M. District 11 / 13 Spreader w STREET FROM - To i E. Ferry Main Jefferson E. Utica Main Fillmore French Fillmore Cehr Kehr Genesee E. Ferry Fillmore Best E. Ferry N. Parade Fillmore E. Parade E. Parade Genesee N. Parade Genesee Walden Wasmuth Best Wasmuth Jefferson Broadway Northland Masten E. North Main Michigan Genesee Main Best Main Walden Goodell Michigan Expressway Cherry Michigan Expressway ... _ . Genesee Michigan Herman L sycamore Michigan Herman 50 District 11 / 13 vs' o . r is STREET FROM TO Herman Broadway Best Johnson Broadway High Cherry Expressway Jefferson VIE ginia Cherry Jefferson Elm Genesee Carlton Oak Genesee High Ellicott E. Tupper Riley Washington E. Tupper High Virginia Main Expessway Carlton Main Jefferson fth Main Herman E. North Main Jefferson Dodge Main Humboldt Northampton Main Fillmore R a lley Main Humboldt Roehrer Best E. Ferry Wohlers Best E. Ferry Kehr Genesee Ferry 5z � '. °s w ' � � � � , f u = rairift :a District 12 / 14 STREPT FROM 7® Paderewski Smith NY Central Terminal Broadway Merman Bailey Sycamore Merman Malden Walden Wasmuth City Line Genesee Merman Walden Genesee Wasmuth City Line E. Ferry Crider Bailey E. Delavan Crider City Line Fill more William Best Bailey Broadway E. Delavan 52 District Secondary : STREET FROM TO Smith William Broadway Peckham Smith memorial Memorial William Broadway Lathrop Broadway Walden Miller Broadway Walden Goodyear Broadway Sycamore Moselle Walden E. ®elavan Koons Walden Genesee Nevada Genesee E. Ferry . Cornwall E. Ferry E. Delavan Doat Genesee City Line Sprenger ®oat Genesee East End Genesee E. ®elavan 53 0 f a r ' a a District 15 l Primary Spreader Route STREET FROM To Broadway Michigan Smith William Michigan Smith Clinton Michigan Smith Swan Michigan Smith Seneca Michigan Smith Jefferson Swan Broadway Perry Michigan Smith South Park Michigan Hopkins Hopkins T'itft South Park Elk South Park Smith South Louisiana Hamburg Hamburg South Seneca Louisianna Ohio Seneca Chicago Ohio Scott Michigan Ohio Seneca 54 District 15 / 18 Secondary • • Routz STREET FROM TO Paderewski Ernslie Smith Peckham Jefferson Smith Howard Jefferson Smith Emslie Seneca Broadway Pine Swan Broadway Carroll Michigan Louisiana Exchange Michigan Smith Scott Michigan Chicago l Louisiana Fitzgerald ® Clair Ohio South Alabama South Perry 55 ¢' °� �� _� . } District rimary Spreader Rou M, STREET ' FROM . To Broadway Bailey City line E. Lovejoy Bailey City line William Smith Richard Dr. Clinton Smith City line Seneca Smith Bailey Elk Smith Bailey Fillmore William Smith Smith Fillmore South Dark Lee Elk South Dark Bailey Broadway Seneca N. Ogden Broadway Richard ®r. Richard r. N. Ogden S. Ogden S. Ogden Richard Dr. Mineral Springs Mineral rl S. Ogden Seneca (North side) 56 District 16 / 17 • �.. 'r STREET FROM To Sm ith William Seneca Lew William Minton Babcock William Elk Stanley Bailey Greene Vande Greene Schiller Lud ington Bailey City Line Dingens Bailey City Line Weiss ®ingens Minton Cas imir Houghton Park City Line Re iman Greene City Line Howa Smith Babcock 57 ! 9 E District 19 120 Primary Spreader Route STREET FROM To Seneca Bailey City Lire Mineral Ci Seneca S. Ogden Elk Bailey Seneca Bailey Seneca South Park South Park Hopkins City Line Abbott South Park City Line McKinley . bailey City Line Potters Abbott City Line Tifft Hopkins McKinley Lorraine McKinley Abbott Red Jacket McKinley Abbott Cazenovia Abbott South Park 58 District 1 t Secondary Spreader Route STREET FROM TO Frank Mineral Springs Fields Fields Frank Church Southside South Park Seneca N. L Southside Cazenovia S. Legion Southside Cazenovia Cumberland Southside Cazenovia Stevenson Abbott Seneca Choate South Park McKinley Woodside South Park Potters Marilla Hopkins McKinley Downing South Park City line Dorrance South Park City Line 59 r d � t -40)CO ffi Mon e ® ® fA t C CL CL CL p t . � � , ,0 � s - r , West Side Block (District 1 STREET FROM TO Main South Park Tupper Pearl Tupper Upper Terrace Franklin Upper Terrace Tupper Elmwood S. Upper Terrace Tupper _qpper Terrace Main Elmwood W. Seneca Upper Terrace Main W. Swan pain Upper Terrace Church Upper Terrace Main W. Eagle Main Upper Terrace Niagara Elmwood W. Eagle W. Genesee Elmwood Main Niagara r Court Niagara Square Main W. Mohawk Elmwood M-ain W. Huron Main Elmwood Chippewa W. Elmwood Main upper Elmwood Main .1 1 r � East Side Block (District STREET FROM TO Maio n Tupper South Park Washington Tupper South Park Ellicott E.Seneca E. Tupper Oak E. Tupper E. Seneca Elm E. Seneca E. Tupper Michigan E. Tupper E. Seneca Fain Michigan E. Swan Michigan Main S. Division Main Michigan N. Division Michigan Main E. Eagle Main Michigan Clinton Main Michigan Broadway Bain Michigan William Broadway Michigan E.Mohawk Main Ellicott E. Huron Main oak Sycamore oak Michigan E. Genesee Main Michigan E. Chippewa Malin E. Genesee Tupper Alain Michigan 61 Michigan South Pa.r.k. South Park r Childs Ohio E. Tupper E. Seneca 62 i +� - ' � � � t I ., F d j +� - ' � � � t I ., F d j 63 .17 ENTERPRISE GPS SOLUTION FOR THE DEPARTMENT OF PUBLIC WORKS, PARKS, & STREETS AND CITY OF BUFFALO DEPARTMENTS, AGENCIES AND AUTHORITIES y Introduction /Goals To enhance the efficiency of services provided by the City of Buffalo, the Department of Public Works, Parks, & Streets has initiated several improvements in its Streets Division operation. One of these improvements involves a brand new GPS monitoring system. This system is primarily used for the City's "snow fighting" operations, but will eventually expand to the entire DPW fleet. There are currently 80 DPW vehicles fitted with the GPS hardware for the 2010 11 winter season. Key advantages to a well - executed GPS system into the City's operations are as follows: Greater fuel efficiency, lowering costs. • Instantly asses snow event situations with real -time weather and vehicle locations. • Provide accurate reports on vehicle idling, routes, and even salt usage at any time. • Automatically closeout 311 calls when plow has cleared snow from a street. • Better accountability. • Accurate vehicle maintenance assessment. « The vehicle /driver (Includes tracking hardware). The data center (Hosts the applications and data). ® The end user (Monitors vehicles from PC and/or make changes to application). - 9 . Maintain a list of in- service vehicles for snow removal and plowing. In order to be effective, we need to establish minimum staffing for mechanical services. 2. Establish a "Vehicle Replacement Policy" based on years of ire- service and/or miles. 3. Looking at the possibility of installing plows on packers. 4. Should have plows on any vehicle that is capable of handling the plow. 5. Consolidate DPW Mechanical Services. 67 DEPARTMENT CITY ! PARKS Attached is a list of locations of business districts throughout the City of Buffalo where curbing and snow removal will occur on non -snow days (days when main, secondary & residential streets are relatively clear with no expected precipitation). This work will be coordinated by the Director of Snow Removal and Street Cleaning. Business Districts 1. Elmwood Avenue 2. Hertel Avenue 3. Delaware Avenue 4. Allen Street 5. Chippewa Street 6. Clinton Streets 7. Broadway Street 8. Jefferson Avenue 9. Grant Street 10. South Park Avenue 11. Ontario/Tonawanda 12. Fillmore Avenue 13. Main Street/University Area 14. Main Street/Downtonw 15. Niagara Street/LowerWestside 16. Seneca Street 17. Buffalo Niagara Medical Campus 18. Delavan /Crider Area 19. Main /Leroy Area W 1. Time of snow event. Ex. When snow event started, mains & secondary streets were clear, and residential streets were started and completed. 2, flow much salt was use during the event and budget balance. 3. Overtime expenditures 4. Equipment status 5. Compare reports with Citizen Services to determine problem areas. 6. Commissioner Stepniak will review with Councilmembers any difficult areas they have experienced with snow removal in their district. This material must be covered in the Director's report at his discretion. 7. Parking Enforcement Information Q0l0 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Public Works, Barks & Streets DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: for the next Phase of the Large Meter Replacement project [ : City-wide PRIOR COUNCIL REFERENCE. (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /.xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) T respectfully request that Your Honorable Body authorize the Department of Public Forks, Parks and Streets to grant permission to hire a. consultant to provide study, design, bid, and construction management services for Phase 3 of the Large Meter Replacement Program. The costs for consulting services are estimated not to exceed $105,000.00 and the construction cost is estimated to be $500,000.00. The funds are available in a Division of Water account 53220776. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT MEAD: :j Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 13, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is granted permission to hire a consultant to provide study, desigtl, bid and construction management services for Phase 3 of the Large Meter Replacement Program. Funds for this project are available in a Division of Water account 53220776. 20 TAB:rmv T' Vvp6O'amwordlrmvv\20cl©- 19a.doc Lf. ' * NO * �4 FIZMCZI GOLONIBEK 9� .1lE9. S . � KEARNS qtr LOCU BiUJR7SELL 2/3- 5 3m - 7 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 00 TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: j: Permission to Hire Consultant j: 2011 Dept. of Homeland Security (DHS) [: Data Call PRIOR COUNCIL REFERENCE: (If Any) f: EX. (ITEM NO. CCP ) TEXT: Permission is hereby requested from Your Honorable Body to retain a consultant to conduct research for the 2011 Department of Homeland Security (DHS) Data Call. The information is necessary to identify all critical infrastructure that is eligible for the DHS Homeland Security Grant Program (HSGP) in Buffalo and Niagara counties. The consultant is needed to meet the requirements of the Homeland Security Grant Program application. The City receives millions of dollars annually from the Department of Homeland Security, and the Data Call is critical to qualify for the monies; Critical Infrastructure accounts for 15% of the rating for the BEN UASI. Funds are available in the HSGP for year six (6). Act' .fir- i - 5 - cipal. Engineer REFERRED TO THE COMMITTEE ON C. - fPJM /DDC /dIg Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets Signature of Department Head: #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 13, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT:: Permission to Hire Consultant City Court [: Renovation of Existing Basement Area [: for Temporary Detention Area [: Ellicott District PRIOR COUNCIL REFERENCE: (If Any) : EX. (ITEM NO. CCP ) TEXT: Permission is hereby requested from Your Honorable Body to retain a consultant to provide professional architectural and architectural analysis and design for City Court, Renovation of Existing Basement Area for Temporary Detention Area. This project shall attempt to find a more efficient and cost effective means to handle and process detainees through the arrest, booking and arraignment process. Funds are available in 30000106 - 445100 e Planning for Capital Projects. The estimated consulting budget for this project is not to exceed $100,000.00. SJS /PJM /DDC /dlg Department Head Name: Steven J. Stepniak Title: Commissioner ()I. Signature of Department Head: v x Parks & Streets *A'U*NO* r FONTANA F rp 'ANCZY GOLOMBEK HAYNES IKEAIRNS L 0 CU R TO IllArFJU RUSSELL a ®5 2/3- 6 0002 -`.� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 3, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets # ]VI Buildinq SUBJECT: [: Report of Bids [: Old First Ward Community Center [: Gutter Deconstruction Job ##1039 [: Fillmore District PRIOR COUNCIL REFERENCE.: (IF ANY) [: (EX.: Item N CCP ) TEXT: I advertised for on August 31, 2010, and received the following formal sealed bids for Old First Ward Community Center, Gutter Reconstruction, which were publicly opened and read on September 15, 2010. Grove Roofing Services, Inc. $72,900.00 131 Reading, Buffalo, IVY No other bids received. I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, Inc., with a bid of Seven Two Thousand Nine Hundred and 00/100 Dollars ($72,900.00), is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 33320606 445100 - Buildings. SJSIPJMIDAHIdIg cc. Contract Compliance Office Buildings Department Head Name: Peter J. Merlo, P.E. Title; Citv Engineer Signature of Department Head. �� ! ref / d Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Old First Ward Community Center, Gutter Reconstruction, to Grove Roofing Services, Inc., Job #1039, the lowest responsible bidder, in the amount of $72,900.00. Funds for the project are available in 33320606 445100 - Buildings. Passed. 22 rA:rmv t: N,vp60lmswordlrmv\22ol6- I9a.doe GOLONZEK .............. HAYM s� a� L®'b 'TO RUSSELL fl 2/3- 6 314- 7 �" 000,21 TO: THE COMMON COUNCIL: DATE: 1 0107/2010 FROM: DEPARTMENT: t�1t '-. 0 '6 r Y-S SUBJECT: (:Request to Purchase Vehicle & Equipment PRIOR COUNCIL REFERENCE: (IF ANY) Ex. [item No. xxx. C.C.P. xxtxx(xx) 1. (3) Freightliner tandem axle chassis from State contract PC62756 @ $ 92,322 $276,966.00 From 33310106 445100 2. (3) Leach 29 yd capacity refuse bodies for installation onto existing chassis @ $65000,00 255,000.00 From 3331 01 06- 4451 00 3. (2) Everest 16' dump body, plow frames & patrol wing plow from #7471 @ 51,066.00 102,172.00 From 15050007474100 4. (2) Freightliner tandem axle chassis for dump plow operation from PC 62756 aL 92,322.00 164,644.00 From 15050007- 474200 5. (9) Flink 10' salt spreader bodies from #7475 @ 11.263.00 101,367.00 From 15050007474100 TOTAL $ 920,149.00 fS U DEPARTMENT WEAR TITLE: SJSIPJMICMS ' lak Commissioner Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to purchase the above listed vehicles and equipment for a total sum of $920,149.00, contingent on the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City Code. Passed. 23 TAB:r€nv t:bvp601msword\mM23 e 10- 1 9a.doc t� AYE NO iOA` c .. GOLON KEARN RUSSELL maj ® 2 /3- 6 374- 7 POSITION ALLOCATION MAINTENANCE FORM Title Assistant A k Department/Division Public Works. Parks & Streets. Division of Streets Start Date # io Original PR No. 2007219 Title Code No. 1480 Salary S9 X11 Budget Function No. 52 Reason for appointment (check one) Z Status Change El Reinstatement Replacement Extension Type of Status Change (check one) Tvneq [_1 Permanent ❑ Contingent Permanent Provisional Temporary ❑ Seasonal Comments: EmPlovee Information: 0 From Temporary to Provisional ❑ From Temporary to Permanent El From Provisional to Permanent El From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt ❑ Competitive ❑ Non Name Judith Winnert SS# 110MMMAP Address 206 Tuscarora Rd. DOB low City Buffalo State New York Zip Code 14220 f Sigmature of Alfloointing Authority Dad Si store of l�irectc�r of Bud et -- C/ If U Date Xx 1 Signature Of Adm. u=tor of Civil Service D D r n Tr-, ff PAITTEE )Y signed by Dept. Head to Budget ivil Service a copy YEA ' is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget FROM THE COMMISSIONER OF POLICE October 19, 2010 0002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: SEPTEMBER 28. 2010 f FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) [ :Item No. 104, C.C.P. 212188 Ex. (Item No. xxx, C.C,P. xx/xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) 09 -FBI- 002605 3110090032 2,968.32 08-DEA-504352 C2 -08 -0096 2,545.43 10 -DEA- 529456 C2 -10 -0084 2,154.56 10 -DEA- 529044 C2 -10 -0077 538.26 10- DEA - 529662 C2 -10 -0088 2,807.37 10- DEA - 529645 C2 -10 -0089 1,119.99 10- DEA - 530244 C2 -10 -0087 895.97 10- DEA - 529659 C2-10 -0085 1,385.58 10- DEA - 530678 C2 -10 -0100 1,666.98 10- DEA - 530809 C2 -10 -0099 1,194.96 10- DEA - 530425 C2 -10 -0095 2,884.66 10 -DEA- 530922 C2 -10 -0098 1,203.18 09 -FBI- 002302 3110090017 7,744.05 09- FBI - 002302 3110090017 5,13694 (15% SAFF) US CUSTOMS 2009090100005801 77,212.50 US CUSTOMS 2009090100014901 7,752.12 US CUSTOMS 2009090100015401 1,104.63 TOTAL $120,315.50 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, ##20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10440 for fulfilling year 5 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Cominissioner 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 J. RICHARDS TYPE TITLE: CHIEF OF IYVESTIGATIVE SERVICES SIGNATURE OF DEPARTMENT HEAD: - N � RECEIVED AND IL - a New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) ss: AFFIDAVIT pursuant to Civil Practice Law and Rules 1311(11)(c) COUNTY OF ERIE ) I, CHIEF DENNIS RICHARDS as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 9/7,9/16 & 9/22/10 the BUFFALO POLICE DEPARTMENT (Date) (Agency) received WIRE TRANSFERS having an estimated present value of $ 120,315.50 (check, vehicle, personal property, etc.) (Amount) pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. E 001 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. 1 1961 et seq.) of the United States. { �= DATE: 9/28/2010 ` �- ` Signature CHIEF OF INVESTIGATIVE SERVICES Title On the c l day of in the year () , before me personally came (Day) /J (Month) (Year) j rIi to me known, who, being by me duly sworn, depose and say (Name) that he is emp loyed b the _ and that he Y i 1 of4r� i s lc� f /CS C' (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that s /he signed /his name thereto. �°d� Notary Public NGtarY rubtfe State of Now Too QQuali Ira brie G'o Mail to: u k MY Com Expires./ /! NYS Division of Criminal Justice Services Assets Forfeiture Reporting Program Office of Public Safety 4 Tower Place Albany, NY 12203 COPYRIGHT a 1995 NEW YORK STATE DIVISION OF CRIMINAL, JUSTICE SERVICES (July 2005) NN > 00 0 O O C] H 00 0 0 O O O O W W of to I4 to O O O O wW w 0 p H H O to 0 CXJ td in tri Q Cxl (Jl H co W W N €77 t. W W J 61 CO kL3 Ul iP rn J HJJUt_JWNY1 -•w wN NNN W -lN w �I m I-'mW w Wm In 1- mw CJ U' pwi- 0 w 1st m w tb w O W m a. 01 ,PNN0iAWiP#mmUl 00rF mm O T to O Y OI\D o Ul IO IOW N In AW W N O iP M 00 Ol O% W p0-4 W (310)WN � Pi Fa rt [7 ro Fl ("t H . 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City of Buffalo: 2010 -3489 PRIOR COUNCIL REFERENCE: (IF ANY) (: TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Councilmember LoCurto's request for the Decisions of the Honorable Patrick H. NeMoyer, J.S.C. relative to the above- entitled matter, attached please find a Decision and Judgment dated July 7, 2010, which annulled the Council's approval of the sale of the former School #36 to Elmwood Village Charter Schools and a subsequent Decision and Order that denied Elmwood Village Charter Schools' application to intervene in the underlying action. Potential appeals of both Decisions have been timely noticed. While our office has been very candid about addressing Your Honorable Body's concerns regarding this pending litigation to date, the Law Department will now provide the Common Council with advice and counsel relative to this matter through Attorney - Client privileged communications only, so as to not abridge the City's likelihood of success on appeal or to create any bases for additional legal challenges to any new process undertaken. Given the Community Development Committee's prior examination of this issue, the Law Department respectfully suggests that the item be sent to said Committee fol. its further review. Thank you for your attention to this matter. SIGNATURE OF DEPARTMENT HE AD: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. At a Special Term of the Supreme Court, State of New York, at the courthouse in Buffalo, New York on the 7 of , 2010 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE SAMUEL J. SAVARINO, Petitioner, For a Civil Judgment Under Article 78 of the Civil Practice Law and Rules, V. THE CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, and CITY OF BUFFALO APPRAISAL APPEARANCES DECISION and JUDGMENT INDEX NO. 2010/3409 Respondents. t'. RALPH C. LORIGO, ESQ., for Petitioner' TIMOTHY A. BALL, ESQ., for Respondents .D `n _ F-< .&� r The ORDER TO SHOW CAUSE of Petitioner; r" the ARTICLE 78 PETITION, with annexed exhibits; Ee �a •.e the NOTICE OF MOTION TO DISMISS of respondents, with annexed exhibits;' the AFFIDAVIT IN OPPOSITION of Ralph C. Lorigo, Esq., with 'Although this Court initially was presented with respondents' motion to dismiss the petition for failure to state a cause of action, the Court prevailed upon respondents to answer the petition and file their return, whereupon the Court would finally dispose of the matter on its merits. As far as the motion is concerned, it remains for the Court to address only respondent's contention that the petition should be dismissed for petitioner's failure to name a necessary party, i.e., Elmwood Village Charter School (see CPLR 1001, 1003, 3211 [a] [101). The Court rejects that contention Dismissal should eve'ntuate only where jurisdiction cannot be obtained over the non - joined party (and where the non - joined party will not voluntarily appear in the action) and further only where the court, in its discretion and in consideration of the factors outlined in CPLR 1001 (b) decides not to allow the action to proceed in the absence of such party (see Matter of Redhook/Gowanus Chamber of Commerce v New York Ci Bd. of Stds. & Appeals, 5 NY3d 452, 457-459 [2005]). Even then, dismissal of an action under such circumstances should occur only as a "last resort" (Saratoga Chamber of Commerce v Pafaki, 100 NY2d 001, 821 [2003], cent denied 540 US 1017 [20031). annexed exhibits; the ANSWER of respondents; the CERTIFIED RECORD; the AFFIDAVIT OF JOHN P. HANNON, JR.; the ATTORNEY AFFIRMATION of Michael E. Ferdman, Esq., with annexed exhibits; the AFFIDAVIT of Elizabeth Evans, with annexed exhibits; the REDLY AFFIDAVIT of Ralph C. Lorigo, Esq., with annexed exhibits; and the April 30, May 4, June 2, and June 23, 2010 correspondence of counsel, with any attachments. BACKGROUND: Samuel J. Savarino (petitioner) is a would -be purchaser of a property located at 10 Days Park in Buffalo (the property). The property is owned by respondent City of Buffalo (the City) and was used until a year ago by the Buffalo City School District as Public School No. 36. Petitioner desires to purchase the property for continued use as a school by the nascent West Buffalo Charter School, his prospective tenant, which hopes to occupy the 1.5 -acre parcel and its 36,025- to 37,075- square -foot building by the beginning of the 2010 -2011 school year. To that end, petitioner has made what has been described to this Court (during two oral arguments) as an irrevocable, unconditional offer to buy the property for at least $800,000. A second suitor for the property, and at this point in the proceedings much more than a prospective buyer (the City having determined to sell the property to it) is the existing Elmwood Village Charter School (Elmwood Village),' which is not a party to this proceeding but which has 'The City's impending sale of the property to Elmwood Village, contractually scheduled for June 15, 2010, has been restrained pending the outcome. of this proceeding by the terms of an order to show cause granted by Supreme Court Justice Kevin M. Dillon. N � J kl ll submitted papers in opposition to the instant CPLR article 78 petition. That petition seeks a judgment annulling, as arbitrary and capricious and the product of unlawful procedures (see CPLR 7804 [31), the March 16, 2090 resolution of respondent City of Buffalo Common Council (the Council). By that resolution, the Council "formally accept[ed] and confirmed] the Appraisal Review Board's [vjalu[ation] of $540,000.00 for 10 Days Park and further approved] the Purchase Offer Sale Agreement attached thereto and authorize[d] the Acting Corporation Counsel to draft any further necessary documents to effectuate the sale and disposition [of the property to Elmwood Village for $540,000] and authorize[dj the Mayor to execute the same." T he preceding sentence refers to respondent City of B Appraisal Review Board [the ARB or Board) and to what purports to be its written report of March 9, 2009 fixing or finding the value of the property at $540,000 for purposes of such sale, although the report in question is nominally that of the City of Buffalo Office or Department of Strategic Planning, division of Real Estate [the OSPj, of which the aforementioned ARB is a part. The petition further seeks a judgment annulling that purported report of the ARB as arbitrary and capricious, the product of unlawful procedures, and an excess of jurisdiction on the part of an allegedly improperly constituted ARB. LEGAL CONTEXT: Section 16 -43 of the City of Buffalo Charter (the Charter) establishes the ARB as a municipal board consisting of four members appointed by the Mayor and confirmed by the Council for four -year terms, staggered annually. One of the ARB's members "shall be a private real estate appraiser with ten years experience," whereas another "shall be a licensed real estate broker." The Corporation Counsel, the City's Director of Real Estate, and the Chair of the Council's Committee on Finance serve as exeofficio members of the board, with voting privileges "only when two of the four members of the board are present or a majority vote is _3_ necessary." Section 16 -45 of the Charter, entitled "Duties and Powers," provides: "The hoard shall establish a list of qualified real estate appraisers eligible to Perform appraisals. Such appraisals, when directed by the common council[ or other municipal officials]... , shall meet the standards and format requirements determined by the board. The board shall review the appraisals submitted; determine whether or not said appraisals meet the standards and format requirements of the board; and thereupon, within ten days thereafter, report the results of said appraisals, with its recommendations, to the appropriate body [i.e., the common council] which requested the same." Sections 27 -4 through 27 -6 of the Charter govern the sale of City -owned real property that the Council has deemed abandoned for purposes of public use. Section 27 -4, entitled "Sale of Abandoned Real Property," provides. "After an appraisal or after the receipt of bids made at public auction as provided in the two succeeding sections, the council may by a two - thirds vote of all the members elected thereto authorize the sale of real property acquired by the city for public use, which has not been appropriated thereto, or the use of which such Purpose has been abandoned, or of any unappropriated or abandoned portions of real property so acquired." Section 27 -5, entitled "Appraisal," provides: "The council may by resolution provide that the interest of the city in any such abandoned or unappropriated real property be appraised by retaining an appraiser from the list of appraisers established by the appraisal review board. Any person desiring to acquire title to any such property may retain such appraiser at his or her own expense. The report of the board of appraisers for the purpose of fixing the value of the interest of city in such property shall be transmitted to the council for approval. If a sale be authorized as provided in the foregoing section[,] the sum found by said appraisers as the value of such interest in the premises appraised shall be the amount of the compensation to be paid for the release and conveyance of said property by the party making application for such appraisal." Section 27-6, entitled "Public Auction," provides: "The resolution shall, in the event an appraisal is not provided for, direct that such real property be offered for sale by the commissioner of permit and inspection services at public auction. Notice of the time and place of auction, together with a short description of the property, shall be published at least once a week for two weeks in the publication or publications designated by the council. The commissioner shall transmit to the council a report of all bids received at such auction. No appraisal of such property shall be made or deemed necessary in [the] case of a public auction unless an application therefor, as provided for in the preceding section, shall have been made prior to M t, the passage of the resolution directing such public auction." FACTUAL CONTEXT: By its resolution of May 12, 2009, the Council recognized the joint request from the Tapestry Charter School (Tapestry) and Elmwood Village to occupy /acquire the property, Tapestry via a short -term lease and Elmwood Village via a conveyance of the fee. The Council consequently authorized the OSP to negotiate a lease with Tapestry for the 2009 -2010 school year. Additionally, the Council authorized the abandonment and sale of the property to Elmwood Village in accordance with section 27 -5 of the Charter, governing a sale by appraisal. By its resolution, the Council did not, as seemingly required by sections 18-45 and 27 -5 of the Charter, "direct[ ]" an "appraisal[ ]" or "retain[ ] an appraiser" (i,e., for the City itself) "from the list of appraisers established by the [ARBj." It is not clear whether, when the Council passed its resolution, there already existed a 117 -page self- contained appraisal prepared by Klauk, Lloyd & Wilhelm, Inc. (KLW) for Elmwood Village and Tapestry. If not, such an appraisal was prepared and furnished to Elmwood Village, at its expense and Tapestry's, within five days of the Council's resolution (several days, it appears, before the City advised Elmwood Village that its "next step" was to hire an appraiser). KLW appraised the property at $725,000 (about $19.50 sq. ft.) for purpose of sale and at $157,573 ($4.25 sq, ft.) per year for purpose of lease. In July 2009, the Council authorized the City to enter into a lease entitling Tapestry to occupy the property as a charter school for one year in exchange for rent of $157,573, the rental value arrived at in the KLW appraisal. Such a lease was in fact executed, Tapestry A ;vent into occupancy for the 2009-2010 academic year, and that lease has now expired. It is notable that, at that time, the property was assessed by the City at $891,600. Elmwood Village obtained a second, 76 -page "summary" appraisal from GAR Associates, Inc. (GAR) on September 8, 2009 (although that appraisal is referred to by the -5- parties by a June 3, 2009 date). GAR (initially) appraised the property at $250,000 (or about $7 sq. ft.) for purpose of sale. However, on September 30, 2009, GAR submitted a three -page letter "reanalyz[ing]" its data, "critiqu[ing] the KLW appraisal, and raising GAR's own estimate of the property's fair market value to $310,000 (or about $8.50 sq. ft,) for purposes of sale. On October 7, 2009, Elmwood Village obtained a two -page opinion letter from a third appraiser, Northeastern Appraisal Associates (Northeastern), which likewise critiqued the KLW appraisal and the GAR appraisal. That criticism was to the effect that the final value derived by the KLW report was "high" and not "reasonable" but that the GAR appraisal, as re- analyzed, had reliably arrived at a market value of $310,000 for the property. On October 15, 2009, Elmwood Village made a written proposal (not a binding offer) to purchase the property from the City for $310,000. From the beginning of 2009, in the meantime, petitioner had some awareness that the City was considering selling the property and repeatedly expressed his interest in buying the property to responsible municipal officials, including John P. Hannon, Jr., Director of Real Estate in the City's OSP (and as such as ex- officio member of the ARB). Thus, in early March 2009, petitioner's project coordinator inquired of the City School District concerning its plans for the property and the possibility of conducting a walk-through inspection of it. in return, petitioner received from City officials a "set of plans" for the school building. In early April 2009, petitioner inquired again and was informed that the City's sale of the property would be handled by Hannon. In mid - April, petitioner's project manager e- mailed Hannon of petitioner's interest in acquiring the property. In a follow-up letter, petitioner asked to be notified of any opportunity to submit a proposal for such acquisition. On April 14, 2009, Hannon e- mailed back that he would „ place" petitioner's "letter of interest on [a] list of interested parties to be notified." (Petitioner alleges that, notwithstanding that promise, he did not learn until October 2009 that the Council had resolved on May 12, 2009 to abandon and sell the property to Elmwood Village via the 1 sale -by- appraisal process set out in section 27.5 of the Charter.) In the interim, on July 20, 2009 and again two days later, petitioner reiterated his interest in acquiring the property and sought "any direction" that Hannon could provide him concerning the appropriate "manner" of realizing that objective. In mid - August 2009, Hannon allegedly advised petitioner's project coordinator that City officials had "not made progress on what they plan on doing to dispose of the property," had instead been focused "on getting the lease resolved," but would soon meet with City lawyers "to determine what they are able to do to offer the property to others" and to review any competing "proposals." Although respondents now emphasize that, during this critical period, petitioner (unlike Elmwood Village) failed to retain a real estate appraiser at his own expense pursuant to section 27 -5 of the Charter, there is no indication in the record that any City official ever directed or even suggested that petitioner do so. Instead, petitioner alleges, City officials invited petitioner to simply make a written purchase offer that they would then review before contacting petitioner for "additional information /talks." Consequently, on August 11, 2009, petitioner conveyed his formal offer to purchase the property for its "fair market value as determined by [a] third -party appraisal," an offer accompanied by $1,000 in earnest money. Although petitioner invited the City's response to or "questions" about that offer, the record reflects no immediate communication back from the City. As indicated supra, City officials informed petitioner's agents about two months later (at a face -to -face meeting) that the Council had, besides leasing the property to Tapestry for one year, authorized the sale of it to Elmwood Village, The City then informed petitioner that the appraised value of the property (actually, the highest of four appraisals or opinions obtained by Elmwood Village to that point) was $725,000. The City further advised petitioner that it would welcome a revised "proposal" from petitioner and even outlined for petitioner what information should be included in his proposal. Accordingly, on October 30, 2009, petitioner reiterated its -7- prior formal offer to purchase the property for its fair market value as determined by the third- Party appraisal and further pledged to undertake renovations and repairs worth an estimated $350,000. Again, as far as revealed by the record, there was no municipal expression of either satisfaction or dissatisfaction with petitioner's purchase offer, even in response to petitioner's December 7, 2009 request for an "update" from the City. On December 21, 2009, the ARB met to "review the appraisals submitted," as required by Charter sections 18 -44 and 18 -45. Present at the meeting were two of the Board's four mayoral appointees and two of its three ex- officio members, including Hannon, who chaired the meeting, and Acting Corporation Counsel David Rodriguez, who had recused himself from the matter at hand. Also attending the meeting were various representatives of Elmwood Village, as well as the authors of the GAR and Northeastern appraisals (but not the author of the KLW appraisal). Petitioner apparently was not apprised of the meeting of the ARB and thus was not represented thereat. The members of the ARB were made aware of the existence of the KLW self- contained appraisal report and the comparables utilized therein (and of the GAR summary appraisal and the comparables utilized therein), although it is not clear to this Court that all of the members had knowledge of the competing values -- $725,000 versus $310,000 -- ultimately arrived at in those appraisals. Although according to Section 18 -45 of the Charter, the ARB is obligated to review the appraisals themselves, the Board's focus at the meeting was on a subset of the most critical information contained therein, as incorporated into a worksheet prepared by Hannon. That worksheet set forth the actual and adjusted per - square -foot sales Prices of the eight comparables used in the KLW appraisal and the ten comparables used in the GAR appraisal (two comparables were common to both appraisals). Further, although it was announced at the outset of the discussion that the ARB's task was simply to "review the appraisals submitted and determine the value of the property," the Board nonetheless saw fit to entertain public comment from advocates of the sale of the property to Elmwood Village. When the ARB members ultimately got to the question of value, discussion centered on the fact that the income approach to valuation was unwarranted because the school had been the subject of only a short -term lease and, and unlike comparable rental properties, had not been renovated (no one seemed to recognize that the objective of a capitalization -of- income approach to valuation is to impute to the premises an economic rental value that is not in the least dependent on an actual rental history; further, nobody saw fit to mention that the actual rent had been about $158,000/year even without renovations). Discussion next turned to the suitability of various comparables utilized in the market data analysis set forth in the KLW and CAR appraisals. That brief discussion culminated in one board member's opinion that the value of the property was between $15 and $17 per square foot. That board member then moved that the value of the property be set at "$15.00 sq. ft. or a total of $540,00.00." That motion unanimously carried. Although respondents now contend that the ARB gave weight to five of the 18 comparables (those involving sales of buildings within the City for continued use for school purposes), the Court notes that $540,000 is precisely the mean of the highest and lowest figures in the broad range of "rounded" values ($260,000 to $820,000) indicated by all 18 comparables analyzed on the worksheet. Although, during the aforementioned meeting, counsel for Elmwood Village immediately and publicly bemoaned that finding of value by the ARB and declared his client's intention to appeal that finding to the Council, Elmwood Village in late February or early March 2010 submitted a written offer to purchase the property for $540,000. That purchase offer, which contains significant printed and handwritten terms and conditions relating to a potential environmental hazard on the site, was forwarded to the Council for its consideration, along with a report dated March 9, 2010 and signed by Hannon as Director of Real Estate in the OSP. That report recited the ARB's finding that the value of the property is $540,000, along with what is framed as Hannon's personal recommendation that the Council approve the sale of the In property to Elmwood Village at that price. Significantly, the report twice refers to the ARB having reviewed an "appraisal" (i.e., not the multiple appraisals or opinions obtained by Elmwood Village to that point) "and other appraisal[ - ]related calculations and materials," The recommendation to sell the properly to Elmwood Village for $540,000 came before the Council on March 15, 2010. In response, the Council requested a legal opinion from the Corporation Counsel concerning 1) whether the process outlined in Sections 27 -4 and 27 -5 of the Charter had been complied with, and 2) the impact, if any, of petitioner's competing offer to purchase the property, It appears that petitioner personally had appeared before the Council on March 15 with his plea to buy the property for $800,000, i.e., for $75,000 more than the initial appraisal amount and $260,000 more than Elmwood Village had offered. Actually, after making an informal offer to that effect in mid - January, petitioner on February 9, 2010 had submitted a revised formal, non - contingent offer to purchase the property for the greater of $800,000 or its appraised value, an offer accompanied by a non-refundable $25,000 down payment and a promise of an additional $55,000 deposit (likewise non - refundable) upon the City's acceptance of petitioner's offer. In an opinion letter dated the next day, the Corporation Counsel basically opined that the sale -by- appraisal process had been complied with; that the Council at that point had to sell the property, if at all, to Elmwood Village, for $540,000; and that the existence of petitioner's competing offer did not "impede" the Council's "discretion to sell the property" and „ ability to act in this regard." Upon receipt of that opinion letter, and after issuing a declaration of no environmental significance via a Short Environmental Assessment Form, the Council unanimously resolved to sell the property to Elmwood Village for $540,000. THE PETITION: Petitioner then commenced the instant CPLR article 78 proceeding challenging the _10- purported report of the ARB and the Council's approval of the $540,000 sale to Elmwood Village on the following bases: that the sale -by- appraisal process was not followed; that the ARB was not properly constituted; that the ARB did not issue any report or recommendations to the Council; that the ARB exceeded its jurisdiction; that respondents ignored the fair market value of the property; that respondents breached their fiduciary duties to the citizenry in selling the property for less than its fair market value; and that respondents did not comply with the requirements of SEORA. Of those allegations, this Court need concern itself directly only with those that implicate the process followed by respondents in this matter, although the Court has concerns that respondents propose to sell the p€ operty for considerably less than its fair market value. !DISPOSITION: First, the Court notes that the Council, in issuing its resolution of March 2009, failed to follow the procedure laid out in section 27 -5 of the Charter. That section states that the Council "may by resolution provide that the interest of the city in any such abandoned or unappropriated real property be appraised by retaining an appraiser from the list of appraisers established by the ARB, then goes on to state that any prospective purchaser additionally "may retain such appraised at his or her own expense" (emphasis supplied). That language, especially the permissive "may" employed in the latter clause, suggests that neither the initiating purchaser nor any other prospective buyer would necessarily have to commission its own appraisal, but that such entities might merely offer to meet the price specified by the City's appraisal. However, section 27 -5 unmistakably provides that the City will, upon considering whether to sell public property as abandoned for public use, retain its own appraiser. In other words, although an interested purchaser such as Elmwood Village clearly has the option of retaining its own appraiser according to the second sentence of section 27 -5, the process is to commence, in all -11- instances, by the retention of an appraiser by the City. That is as indicated by the "by retaining" language of section 27 -5 of the Charter provision, is corroborated by the reference in section 18-45 to the Council's having "directed" one or more "appraisals," and is for reasons obviously having to do with the City's need to obtain an independent opinion of value rather than relying strictly on appraisals ordered up by the prospective buyer. Nevertheless, the Council's resolution of March 2009 does not provide for the City's hiring of its own appraiser, nor did the City ever retain its own appraiser at any point in the process. Instead, the only appraisals ever considered by the City (assuming that they were in fact all reviewed by the ARB) were obtained at the behest and expense of an interested purchaser (actually, one of two interested purchasers), Elmwood Village, The Court next focuses on some unfairness shown by City officials to Elmwood Village throughout 2009, and certainly well in advance of the December 2009 meeting of the ARB, whose "review [ofj the appraisals submitted" could not help but be tainted by such unfairness. Although the City now emphasizes that only Elmwood Village, and not petitioner, followed the Charter - specified process by retaining its own appraiser, it appears that only Elmwood Village was ever invited to pay for and submit an appraisal. Although petitioner early on had unequivocally indicated its interest in purchasing the property, and although petitioner had just as early on unconditionally offered to pay the fair market value as appraised by a third party, and although petitioner further had repeatedly besought City officials for accurate information concerning the process, City officials never suggested or directed that petitioner obtain an appraisal of his own. Instead, City officials invited petitioner to submit a purchase offer or "proposal," which he did (several times over). Once petitioner offered to pay that price, $725,000, specified by the highest appraisal obtained to that date, it would have been at best redundant for the City to require petitioner to order up yet another appraisal. It is thus unseemly and unfair for the City to now argue that petitioner's failure to obtain an appraisal -12- 1g forecloses any consideration by the City of petitioner's purchase offer, especially where that offer now names a price, $800,000, exceeding any appraisal obtained by Elmwood Village in this matter, and especially where that offer conveys petitioner's alternative commitment to pay the highest appraised value for the property (should the City finally commission its own appraisal). There is further evidence of preference shown towards one prospective buyer over the other in the manner in which City officials permitted Elmwood Village to submit multiple appraisals, with the more recent appraisals effectively undercutting the initial appraisal obtained by that entity (and conveyed to the City, which in turn eventually related the $725,000 figure to petitioner). There is no provision in section 27 -5 for a prospective purchaser to submit multiple appraisals, and this Court can conceive of no legitimate reason why City officials, upon being informed of an initial appraisal finding a value of $725,000 for the property, should have entertained multiple subsequent appraisals/opinions/proposals submitted by the same prospective buyer and listing values of only $260,000 and $310,000, respectively. That is all the more true considering that, as soon as the City communicated the initial appraisal amount of $725,000 to petitioner, he immediately put in his unconditional offer to purchase the property at such appraised value. Obviously, a non - contingent (and appraisal - matching or exceeding) offer such as petitioner's is far more probative of value than any mere appraisal could ever be (see Plaza Hotel Assocs. v Wellington Assocs., 37 NY2d 273, 277 [1975), quoting Matter of Woolworth Co. v Tax Comm., 20 NY2d 561, 565 [1967] for the proposition that the price willingly paid by an arms - length purchaser is, unless explained away, evidence of the "highest rank" on the issue of the valuation of a property).' 'By the same token, the recent arms - length rental of the property by Tapestry for $158,000 per year also constituted highly probative evidence of value that ought not to have been completely ignored by City officials. _13_ r' Pi There was a further failure to follow the dictates of the Charter at and after the ARB's meeting of December 2009. With its focus on the pertinent provisions of the Charter, the Court will leave aside the fact that representatives and public supporters of Elmwood Village were in attendance with certain of their appraisers in order to lobby the members of the Board, whereas petitioner had not been informed of the meeting. Nonetheless, the Court notes that section 18- 45 requires that the "board review the appraisals submitted." It does not appear to this Court as though that was done. Instead, it appears to this Court that the Board reviewed only a subset of the data contained in the appraisals. If the Board was ever apprised of the initial appraisal of $725,000 for the property that most basic fact was not mentioned either during the ARB's recorded discussions nor in the written materials placed before the Board. The same is true with regard to petitioner's then extent offer to purchase the property for its highest appraised value, i.e., at least $725,000. further, although section 18 -45 requires the ARB to "determine whether or not said appraisal meets the standards and format requirements of the board," that appears not to have been done, at least not explicitly (the Court is quite skeptical that either of the letter opinions arriving at a value of $310,000 would have met any appraisal standards or criteria of the least stringency). Still further, section 1845 requires the Board to have reported "the results of said appraisals, with its recommendations," to the Council (and to have done so within ten days of its meeting). That was not done here either, whether within the required time period or otherwise. first, the only report ever received by the Council for the exercise of its "approval" or disapproval was written by Hannon on behalf of OSR, not by or on behalf of the ARB itself, Second, no one, not Hannon nor the ARB, appears to have reported the "results" of the appraisals. Again, if the Council was ever made aware that the initial appraisal obtained by Elmwood Village recited a value of $725,000, that fact does not appear in the record. The same is true with regard to the fact that the ARB -fixed value deviated from the values recited in any of the appraisals or opinions obtained by Elmwood Village — the OSP report doesn't recite -14- that fact and nothing in the record indicates that the Council ever was informed of it. Significantly, the report twice refers to the ARS having reviewed "an appraisal" and "the appraisal" (i.e., not up to four different appraisals or opinions obtained by Elmwood Village to that point). Further, the only "recommendation" ever received by the Council in connection with this matter was explicitly that of Hannon, not that of the AID. For all of the foregoing reasons, the Court determines that respondents' determination to sell the property to Elmwood Village for $540,000 cannot stand. The Court takes pains to point out that it would not necessarily be arbitrary or unlawful for respondents to reject an offer of a higher purchase price from one prospective buyer in favor of a monetarily lower but socially more beneficial offer from a different prospective purchaser (see New City Jewish Ctr v Flagg, 111 AD2d 814, 015 -896 j2d Dept 19051, affil for reasons stated 66 NY2d 980 [1985]). However, at some level, respondents were bound to recognize that the pertinent provisions of the Charter exist to create an orderly and not an arbitrary or even a chaotic procedure for the sale of surplused public property. Respondents were also bound to recognize that the overriding objective of the Charter - specified procedures is in fact to enable the municipal 4 Respondents make much of the fact that, at the City's insistence, Elmwood Village has agreed to 1) indemnify the City regarding any adverse environmental condition of the property, including that pertaining to an ancient underground fuel tank on the premises; and 2) reimburse the City, dollar for dollar, for any environmental remediation expenses incurred by the City before closing, which reimbursement will be added to the original $540,000 price. Respondents assert that it is rational and prudent of them to sell the property to Elmwood Village on those terms, which are not contained in petitioner's competing offer to buy the property for $800,000 or its higher appraised value. The Court cannot accept that argument, and not just because the City never formally invited petitioner to match those indemnification and price - escalation terms as part of its competing offer. Upon examining the terms in question, the Court discerns that they make any deal to sell the property to Elmwood Village far more contingent than it otherwise purports to be (and than any deal with petitioner would be). That is because, with the inclusion of the aforementioned terms, the Elmwood Village offer now explicitly gives Elmwood Village the right to cancel its purchase of the property if the City invokes the price- escalation clause (which concomitantly means that a good measure of the contractual protection extracted by the City is in fact no protection at all). In contrast, the outstanding offer by petitioner to purchase the property for at least $800,000 is firm and unconditional. -15- officials to get the best price for the abandoned property, thereby protecting the public fist (see generally Rose v Wilson, 308 NY 605, 613 [19551; Merritt Meridian Const. Corp, v Gallagher, 96 AD2d 933, 934 -935 [2d Dept 1983]; cf. Yeshiva of Spring Valley, Inc, v Board of Educ. of East Ramapo Cent. School Dist., 132 AD2d 27, 30 -31 [2d Dept 1987], appeal dismissed 71 NY2d 965 [1988]). The Court concludes that, under the circumstances, there was a failure on the part of City officials to substantially comply with applicable procedures. The Court further concludes that it was arbitrary and unlawful for respondents to ignore the repeated non - contingent offers of petitioner to purchase the property for at least its $725,000 initially appraised value (and now for at least $800,000) while approving the ARB's finding of a $550,000 value and accepting the now conditional offer of Elmwood Village to purchase the property for that much lower price.' Accordingly, the petition is GRANTED, and both the March 16, 2010 resolution of respondent City of Buffalo Common Council and the March 9, 2009 purported report of respondent City of Buffalo Appraisal Review Board are ANNULLED. O�RAN - /Vci�;J�1� 7 2010 � HON. PATRICK H. NeM OYER, J.S. CONNOR ' Ci_ERK 'In this regard, the case cited by respondents (Scott v City of Buffalo, 16 Misc 3d 259 [Sup Ct Erie Co 20061, affil for reasons stated 38 AD3d 1287 [4th Dept 2007]) is clearly distinguishable. In Scott, a prospective purchaser obtained an appraisal of a certain municipal right -of -way at $631,600, which the purchaser was willing to pay to the City, over and above the purchaser's commitment to spend $5 million to $7 million for infrastructure improvements to City -owned lands surrounding the purchaser's development, if the City would abandon and sell the right -of -way. Opponents of the sale (neighbors m not competing would -be purchasers) then commissioned their own appraisal which, in manner identified by the reviewing court as patently suspect, valued the right-of-way at $1.775 million, an amount that no entity had proposed or offered to pay. In subsequent litigation brought by the neighbors, the court of course concluded that it was not arbitrary or unlawful — let alone fraudulent or corrupt — for the Common Council to approve the ARB's report fixing the value of the right -of -way in accordance with the $631,600 appraisal submitted by the prospective purchaser and to sell the land to that purchaser for that price. -16- L f j� At a Special Term of the Supreme Court, State of New York, at the courthouse in Buffalo, New York on the_5 '' day of} „� / -' 2010 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE SAMUEL J. SAVARINO, Petitioner, For a Judgment Under Article 78 of the Civil Practice law and Rules, THE CITY OF BUFFALO, CITY OF BUFFALO COMMON COUNCIL, and CITY OF BUFFALO APPRAISAL REVIEW BOARD Respondents. DECISION and ORDER INDEX NO. 201013489 ELMWOOD VILLAGE CHARTER SCHOOL, Proposed Intervenor. APPEARANCES: RALPH C. LORIGO, ESQ., and TIMOTHY G. GREENAN, ESQ. for Petitioner TIMOTHY A. BALL, ESQ., for Respondents MICHAEL E. FERDMAN, ESQ., and JESSICA M. BAKER, ESQ., for Proposed Intervenor PAPERS CONSIDERED: The ORDER TO SHOW CAUSE of the Proposed Intervenor and the ATTORNEY AFFIRMATION of Micheal E. Ferdman, Esq., with annexed exhibits: the AFFIDAVIT IN OPPOSITION of Ralph C. Lorigo, Esq., with annexed exhibits; the REPLY AFFIRMATION of Micheal E. Ferdman, Esq.; and the August 3, 2010 letter of Timothy G. Greenan, Esq. This CPLR article 78 proceeding was commenced by petitioner in April 2010 for the purpose of challenging, as arbitrary and capricious and violative of certain procedures prescribed by the City of Buffalo Charter, both the March 9, 2010 purported report and recommendation of respondent City of Buffalo Appraisal Review Board and the March 18, 2010 rr � L` resolution of respondent City of Buffalo Common Council. That report and that resolution combined to authorize the sale of a certain municipal property (an abandoned public school) to the proposed intervenor, Elmwood Village Charter School (Elmwood Village), for the purpose of operating therein its charter school of the same name. Petitioner, another would -be purchaser, also sought to purchase the subject property for use by the nascent West Buffalo Charter School. By its Decision and Judgment (hereinafter judgment) of July 7, 2010, this Court granted the petition, thereby annulling the challenged administrative determinations. The Court understands that a copy of the judgment with notice of entry thereon was served upon respondents (and Elmwood Village) on or about August 3, 2010, and that respondents have not yet filed a notice of appeal from that judgment. For that reason, Elmwood Village moves pursuant to CPLR 1001 (a), 1012 (a), and 7802 (d) for permission to - intervene in the proceeding as a respondent, particularly for the purpose of appealing the judgment. That motion is opposed by petitioner. On the basis of the parties' submissions, this Court renders the following determinations: This Court has previously determined that Elmwood Village is not a "necessary" or "indispensable" party to this proceeding, or at least that the proceeding need not be dismissed on that basis (see CPLR 1001, 1003, 3211 [a] [10]). The Court further feels that the strict prerequisites for intervention as of right — namely a "timely motion" by the proposed intervenor, "inadequate" representation by a primary litigant and the possibility of the proposed intervenor's being "bound" by the judgment in the res judicata sense, and/or the action's direct or immediate "involve[mentj" of the issue of the "title" of given property — are not satisfied here (see CPLR 1012 [a] [2], [3]). Nonetheless, the Court has little difficulty in concluding that Elmwood village is an "interested" party, as generally necessary in order to be permitted to intervene in a CPLR -2- ffrrrr J� l�� ;' article 78 proceeding (see CPLR 7802 [d]; see also CPLR 1002 [b], 1013).' It is further clear that "[p)ermission to intervene in an article 78 proceeding may be granted at any point of the proceeding, including after judgment for the purposes of taking an appeal" (Greater New York Health Care Facilities Assn, 91 NY2d at 720, quoting Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C7802:4, at 295 [internal quote marks omitted]). Nevertheless, CPLR 1013 and 7802 (d) (not to mention CPLR 401) make clear that whether to permit a party to intervene in this context "is a matter addressed to the sound discretion of the court" (Matter of Citizens Organized to Protect the Envt. v Planning Bd. of Town of lrondequoit, 50 AD3d 1460, 1462 [4th Dept 2008], quoting Matter of White v Incorporated Vil. of Plandome Manor, 190 AD2d 854, 854 [1953], Iv denied 83 NY2d 752 [1994] [internal quotation marks omitted]). The Court exercises its discretion to withhold permission for Elmwood Village to intervene herein for several reasons: First, Elmwood Village could have intervened, and certainly was sufficiently "interested" in the matter to be permitted to intervene, at earlier stages of this proceeding, but failed to do so, despite the fact that Elmwood Village's counsel was contemporaneously aware of the pendency of the proceeding and indeed submitted papers in opposition to the petition (see Greater New York Health Care Facilities Assn, 91 NY2d at 721 [inquiring into whether proposed intervenors had any "excuse" for not "taking any action to inquire into the status of the matter" and thereby "protect their own interests "]). The Court feels that, under the circumstances, it 'The Court well understands that CPLR 7802 (d) governs intervention in article 78 proceedings in particular, and that CPLR article 10 sets out more generally applicable guidelines concerning intervention. However, decisions holding that the whole of article 10 is inapplicable to article 78 proceedings seem ill - considered in light of the provisions of CPLR 105 (b), which specifically defines the word "action" to include a special proceeding. in any event, case law unequivocally holds CPLR 7802 (d) is "more liberal" than CPLR 1013 and that a court's discretion to allow intervention is thus "broader" in an article 78 proceeding than it is in other contexts (see Matter of Greater New York Health Care Facilities Assn. v DeBuono, 91 NY2d 716, 720 [1998]). -3- r P- tj would be unfair and prejudicial to the primary litigants to permit Elmwood Village to intervene at this late stage of the proceeding, following the entry of a final judgment granting the petition (see CLLR 1013 [stating that the court shall consider whether the intervention would prejudice the substantial rights of any party]) . Second, Elmwood Village's purported need to intervene in the proceeding is, even at this stage, less than clear to this Court. At earlier stages, Elmwood Village evidently felt that the respondents' stated opposition to the petition was adequate to protect the interests of Elmwood Village, Elmwood Village apparently feels differently now, based upon its notion that respondents might not appeal the judgment. However, at oral argument of this motion, and in response to pointed inquiry by the Court, counsel for respondents expressed that no final decision had been made with respect to the taking of an appeal by the municipality. Third, Elmwood Village has failed to articulate any plausible legal challenges to the correctness of this Court's judgment. Certainly, it has outlined no contentions that foreshadow any likelihood of success on the merits of its proposed appeal. In support of the motion to intervene, Elmwood Village has clearly shown only that its interests as proposed vendee of the subject property have been substantially and adversely affected by the judgment, thus demonstrating that it has (or would have had) standing to intervene. Nonetheless, as touching the merits of the proceeding, Elmwood Village has merely submitted a proposed answer to the petition (as generally required of proposed intervenors [see CPLR 1014]). However, the Court considers the contents of that proposed answer to be rather anomalous in the context of this case, inasmuch as the thrust of the proposed answer is to deny the legitimacy — or to seek to short - circuit the adjudication ® of claims that the Court has already favorably ruled on. Fourth, the particular adverse effects of the judgment cited by Elmwood Village in support of its motion to intervene are not circumstances that would be rectified by granting Elmwood Village leave to intervene as an appellant. For example, even an appellate decision in favor of -4- Elmwood Village would not restore the now - forfeited grant of $88,000 to Elmwood Village by the State Education Department, given that the money was forfeited as a result of having been unspent by June 2010. Nor would a favorable decision on appeal restore to Elmwood Village the $60,000 that it has expended in seeking to purchase the subject property, nor the 1 %, years of effort undertaken by its officials in seeking to buy it. Moreover, even a favorable appellate decision would certainly come too late to enable Elmwood Village to go into possession of the subject property by the imminent start of the upcoming academic year, as assertedly required in order for Elmwood Village to remain viable as an institution and not lose its recently amended and /or soon- to -be- renewed educational charter. Fifth, the Court feels that it would best serve the interests of Elmwood Village as well as the primary litigants herein, particularly the body politic of the City of Buffalo, the real party -in- interest on the respondents' side of the caption, for this matter to revert immediately to the political decision- makers, namely, the City of Buffalo Appraisal Review Board and Common Council, for the exercise of those bodies' lawful judgment concerning whether to sell the subject property and, if so, to whom and on what terms. By the effect of this Court's judgment, the contestants for the right to purchase the subject property have been restored to the status quo as it existed in early 2009, when the City School District announced its abandonment of the school building. The rival charter schools thus now can bid against one another for the privilege of purchasing the property and otherwise make their respective cases to the political decision- makers, as contemplated by the City Charter and as warranted by any reasonable conception of the public good. It thus remains for Elmwood Village, even without intervention and appeal, to seek to convince the political decision - makers that (as argued before this Court) the acceptance of Elmwood Village's proposal to purchase and occupy the subject property represents the "best choice" for the City and the most advantageous outcome for the community, This Court cannot conclude its analysis of this matter without addressing one further topic: -5- as indicated, the Court does not know whether respondents will file a notice of appeal from the judgment. However, the Court makes clear that, in the event that respondents do take an appeal, the Court will consider petitioner to have been released from his unconditional pledge, made repeatedly before this Court, to purchase the subject property for at least $000,000. The Court feels that it would be unjust to hold petitioner to that pledge if respondents were to continue litigating their alleged compliance with the City Charter and their consequent alleged justification in accepting Elmwood Village's more conditional offer to purchase the subject property for $540,000. Accordingly, the motion of Elmwood Village Charter School for leave to intervene in this CPLR article 78 proceeding for the purpose of taking an appeal is DENIED. SO ORDERED: PA HON. PATRICK H. NeMOYER, J.S.C. AUG 312010 BY vi o° cgrnon COURT CLERK FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES October 19, 2010 BYR ©N W. BROWN Mayor CERTIFIED I AI L September 24, 2010 Jeremy Dunn Buffalo salvage Recycling Center, LLC. 537 East Delavan Avenue Buffalo, New York 14211 RE: CEASE AND DESIST OPERATIONS @ 537 EAST DELAVAN Dear Mr. Dunn: .TAMES C©MERFORD, Jr. Commissioner PATRICK SOLE, Jr. Director A review of the records and files of the City of Buffalo's Department Permit & Inspection Services reveals that the property you operate at 537 East Delavan in the City of Buffalo is operating without the required City of Buffalo licenses. Further, said records reveal that "legal use for your operations has not been established. Please be advised that in order to continue operations at 537 East Delavan you are required to obtain a valid "Bulk Wholesale Junk" and "Scrap Processor" licenses per Chapter 254 of the ordinances of the City of Buffalo. Additionally, you must obtain "legal" use for Bulk Wholesale Junk and Scrap Processing operations. Finally, based on the aforementioned requirements, you are hereby ordered to immediately cease and desist all operations at 537 East Delavan until said time that all required licenses are obtained and "legal" use is established. Failure to abide by this notice will result in fines being issued and legal action being taken. Should you have any questions concerning this matter, please contact this office at 851 -6596, 4 " Director Permits & Inspection Servic cc: Buffalo police fj 65 NIAGARA SQUARE / 304 CITY RAL L / BUFFALO, NY 14202 -3303 / (716) 851 -6596 / FAX: (716) 851.9889 / Email: psole@city-buffalo.com 6�y To. The Common Council: Date: October 13, 2010 From: Department Permit & Inspection - Services Division: Office of Licenses Subject: [: Food Store (New) [: 212 FOREST AVE.(Niagara) Type in Upr)er and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item N o. xxx, C.C.P. xxlxxh x): Text (Tvpe Siwde Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 212 FOREST AVE. (PUERTO RICO BAKERY & GROCERYIEDGARDO GONZALEZ) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER { Signature of Department Head: JC:PS:rf �iF F } y _3 7?7"' CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 s INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PETERS FOOD MART 11 L ICENSE T YPE: FOOD STO BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DIS'T'RICT: UN POLICE DISTRICT: 16 APPLICANT NAME: ALI BAAGRI APPL. PHONE: 7168189 APPLICA'T'ION NUMBER: 559107 REFERRAL DATE: 07/21/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY /DEPAR'T'MENT REFERRED TO) APPROVED ':�) DISAPPROVED DISAPPROVAL CALLBACK *"*REASON REMARKS: f INSPECTOR DATE: DATE: DATE: DISAPPROVAL MUST BE STATED BELOW * ** RM# " G � � EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU 4ppSfip2,rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PETERS FOOD MART 11 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: ALI BAAGRI APPL. PHONE: 716 -8189 APPLICATION NUMBER: 559107 REFERRAL DATE: 07/2112010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (APPROVED DATE: D DATE: DISAPPROVAL DATE: CALLBACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL, OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL ) � BUFFA 7� 7��y���r �y ryn BUFFALO, NE YY YOR[A 14 20 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: Y.EV %' FlTZ` t � ► �� ` APPLICATION FOR: PETERS FOOD MART II LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: ALI BAAGRI APPL. PHONE: 716 -8189 APPLICATION NUMBER: 559107 REFERRAL DATE: 07121/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL, CALLBACK DATE: F- /7 - /0 DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: ` INSPECTOR i RM# EKT s 7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU kppSlip2rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PETERS FOOD MART II LICENSE TYPE: FOODSTORE BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: AL1 BAAGRI APPL. PHONE: 716 -8189 APPLICATION NUMBER: 559107 REFERRAL DATE: 07/21/2010 NEW LICENSE 2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DATE: -�� DISAPPROVED DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: . C - mnivo:1•.oner of Police AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: PETERS FOOD MART II LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 684 LA SALLE BUSINESS PHONE: 834 -3608 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: ALI BAAGRI APPL. PHONE: 716 -8189 APPLICATION NUMBER: 559107 REFERRAL DATE: 07/21/2010 i «_t. DISAPPROVAL REASON: NEW LICENSE 2811 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (A PPR6VED ...._W... _ DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Pe INSPECTOR RMM# ExT 0 7 7 AFTER INSPECTION PLEASE COMPLETE_ AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpi - :---._.• .+.a.+euw..vuu.,.ww OF aeuew +ue •.- •.`..•.•- __•- ... ,NwuUw BU LIC A P '�Ea^ti'li o a 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 �. Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record. 0 Mail ® Wilkmiil! Type of Entity: ® Sole Proprietor ® Corporation 0 Partnership ® Limited Liability Company fee fee fee ® Restaurant 1 -200 seats $174.00 ®Restauran #Dance ec *Aka n ak t ti°'a ® 201-400 seats $250,00 ® Floor Show $367.50 Food More $115.00 13 400+ seats $350.00 0 Live Music $210.00 See additional question , � i (on premise consumption of food and/or beverage) ® Mechanical $131.25 �� I ® Certificate of Inspection $56.00 ® Meat fish Poultry $150.00 (Public Assembly) Restaurant 50+ seats ❑ Public Dance (based on sq ft) ® Caterer $ 88.00 13 Coin Control Amusement ® GoGo Dancing $131.25 4VBakery # games _ per game $47.25 ® Skating Rink $210.00 0.0 -2 employees $ 63.00 ® Arcade # games _ per game $47.25 ® Bowling Alley per lane $31.50 ® 3 -10 employees $105.00 d Music mechanical $52.50 # lanes ® 11-15 employees $157.00 ® Music live, no dancing $52.50 0 Billiard Parlor per table $31.50 ® 26 -50 employees $315.00 ® News Stand $63.00 # tables 0 51-200 employees $525.00 Corporation lame Business Phone ( ) ° Business Name (dba) fae,4o kj'co &,I<kr� cl�',,e 9. r Business Fax ( ) - Business Address (no F0 Box) l�r�" �u*-- k- _ - Mailing Address (if different) NYS Tax ID # Business Website E - ail Owner(s)/ Principal Partnexs. .Applicant (last, first) Home Phone/ Home Address: (P Bor not ace ptabl �J • I Date of birth Place of Birth r./ Y� 7 Co- Applicant (Ease first) Home Phone Home Address: (Pp Box not acceptable) v r�L " Date of birth Place of Birth Describe your specific business activity in detail. _�. ✓ Subscribed and sw to before me this day a - 20 e6nun issf4ner t?eeds in and for iA City of BWMo, New York For office use only T&A Application No Date issued: I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Flame C4 co -(/o ('9�PC'C Signature (� `°� Date f L10 *AYE*NUJ* FONT ANA FRANCZYIK GOLOMBEK HAYNES LOCURTO ' RUSSELL ' ] ®5 ` W- 6 314- 7 o' 00039, To: The Common Council: Date: October 13, 2010 () !. From: Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 684 LaSalle(University) Tyne in Upper and [: I Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tyne Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Food Store License located at 684 LASALLE (PETERS FOOD MART II/ALI M. AL BAAGRI) and find that as to farm is Correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: CO MISSIONER Sisinature of Department Head: -4 nio JC:PS:rf REFERRED THE COMMITTEL ON SLAT L � 3 { i �- CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL � BUFFALO, NEW YOR 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PUERTO RICO BAKERY & GROCERY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 212 FOREST 605 -733€1 NO 05 EDGARDO GONZALEZ 716 -8619 559848 09/15/2014 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: ctg DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 1 REMARKS: -S� e lq INSPECTOR RM# 3 EXT `L- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU RppSllp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PUERTO RICO BAKERY & GROCERY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 212 FOREST BUSINESS PHONE: 605 -7330 COUNCIL DISTRICT: NO POLICE DISTRICT: Q5 APPLICANT NAME: EDGARDO GONZALEZ APPL. PHONE: _ APPLICATION NUMBER: 559848 REFERRAL DATE: 09115/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRED TO) ROVED) DATE: DISAPPROVED DATE: ]DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �� RM .. _ EXT r: x AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL, OF THE OFFICE OF LICENSES. THANK YOU. Apptilap2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL CI, BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PUERTO RICO BAKERY & GROCERY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 212 FOREST 605 -7330 NO 05 EDGARDO GONZA.L.EZ 716 -8619 559848 09/1512010 NEW LICENSE 2411 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) l � PROVE DISAPPROVED DISAPPROVAL CALLBACK DATE: /CI �_ ....... DATE: DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW' ** REMARKS: INSPECTOR �= RM# EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlipZrpf CITY OF BUFFALO OFFICE OF LICENSES op 301 CITY HALL BUSINESS ADDRESS: BUFFALO, NEW YORK 14202 BUSINESS PHONE: 6057330 COUNCIL DISTRICT: INSPECTION /APPROVAL REQUEST POLICE DISTRICT: AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PUERTO RICO BAKERY & GROCERY REMARKS: DISAPPROVAL REASON: (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 10 / NEW LICENSE 2011 DISAPPROVED DATE: REMARKS: ,t7 .� C!�/CS°„ A(9 DISTRICT CAP'T'AIN: APPROVED DATE: DISAPPROVED DATE: **REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: C OMM. OF POLICE: ��' iJ✓ �V/ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppShp2.rpl 6 36 LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 212 FOREST BUSINESS PHONE: 6057330 COUNCIL DISTRICT: NO POLICE DISTRICT: 05 APPLICANT NAME: EDGARDO GONZALEZ APPL, PHONE: APPLICATION NUMBER: 559848 REFERRAL DATE: 09/15/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 10 / NEW LICENSE 2011 DISAPPROVED DATE: REMARKS: ,t7 .� C!�/CS°„ A(9 DISTRICT CAP'T'AIN: APPROVED DATE: DISAPPROVED DATE: **REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: C OMM. OF POLICE: ��' iJ✓ �V/ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppShp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: PUERTO RICO BAKERY & GROCERY LICENSE TYPE FOOD STORE BUSINESS ADDRESS: 212 FOREST BUSINESS PHONE: 605 -7330 COUNCIL DISTRICT: NO POLICE DISTRICT: 05 APPLICANT NAME: EDGARDO GONZALEZ APPL. PRONE: APPLICATION NUMBER: 559848 REFERRAL DATE: 09/15/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) r APPROVE D DATE: � DISAPPROVED DATE: DISAPPROVAL CALL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: - A �5 ; INSPECTOR RIM# 117 EXT - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslrp2.rp DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES � OFFICE OF LICENSES ; I 313 CITY HALT, BUFFALO NY 14202 851 -4478 LICENSE APPLICATION PLEASE CHECK LICENSE CA'T'EGORY APPLYING FOR T RESTAURANT BAKERY C,ONF. - TONER RESTAURANT TAKEOUT CATERER _�OOI) STORE MEAT, FISH & POULTRY Date 20 `7 Applicant Name �q ( r4 ®9 Applicant Horne Pliotte # . Applicant Address (No., Street) (City, Town or Village) (Mate) (Zip) Co- Applicant Name Co- Applicant Address (No., Street) (City, Town or Village) State ( ) (yip) CorporatioA Name Date lacorporated 77 Date ofusiness Certificate 7 / 7 /2-F/ Business_ Address e , T-?44r sv°, L u t! .(No., Street) (City, ToWn or,Village) :(State) Mailing Address (if different than business address) (No., Street)' (City, 'own nr Village) (State} (Zip) Business Phone # I"ax # State Tax ID Number_ „AW����}j Social Security # No. of Employees (Baker & Confectioner only) } 4 Y,6 � App 4ioa�tsjiniattire a Su scrib d and sworn to before me this Da - of 2 ©' FEES RESTAURANT. A[JRAiVfi . 0 200 SEATS $174.00 201 -400 SEATS $ ,750,60 Commission o> Deeds in and for the - 401. $35.00 City of Buffalo, New York REST'AMULN'1 TAEEOUTICATER1NG 88 . 8.00 MEATYI SH & POULTRY (2 YRS.) $150.00 FOOD S $115.00 o M.BAi1Ct RAREWCONF;ECTIONER 0-2EMPLOYEM $63.00 �. .0 nt�Aatiaasz @ab0e , State of Newly 3-10 $105.00 p li u to h' 1 1 - 25 $157.00 M Evks. Aug. 00, 20 26 -50 5315.00 RST appl 51 -200 $525.00 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 o£ appointmcnt(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: September 30, 2010 in the Department of Permit and Inspection Services Division of District Inspections to the Position of wilding Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM ,(Enter Starting Salary): Starting Salary of $53,891. LAST JOB TITLE Spv of Bldg construction NAME John T. Sexton LAST DEPARTMENT Strat Planning DATE 8129110 ADDRESS 147 Fordham Dr LAST SALARY $56,725 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX - 1581 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16650001 TITLE CODE NO 3140 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL. REQ. NO 201051 SALARY RANGE OF POSITION $32,335 - $63,891 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: employee is on a preferred list and must be paid at the salary step closest to what he made at the time of lay -off. NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: September 30, 2010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE); OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #&- DEPARTMENT #9- DIVISION #10-EMPLOYEE(S) � FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING October ! 9, 2010 00320 l SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 9/17/2010 FROM: DEPARTMENT: Division for Youth SUBJECT: [:City of Buffalo Girls Circle Program -Grant [:Acceptance of grant and interfund cash loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxlxx) The Department of Community Services, Division for Youth has been awarded a grant from the New York State Department of Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $21, 461.00. An interfund cash loan is to be made in the maximun amount of $21,461.00 as needed subject to your approval and receipt of signed grant document. Loan is payable at date of reimbursment.. SIGNATURE j _ DEPARTMENT HEAD TITLE: ' ��� Please create a new fund /account for: Title of Grant: City of Buffalo Girls Circle Program Grant ID. T612071 DCJS JBA9612071 Agency Providing Grant: Division of Criminal Justice Services Are these federal funds or federal passed through funds? ox® Yes no If yes, Federal Agency: Division of Criminal Justice Services CFDA Number: Grantor Contact Information: blame: City of Buffalo Division for Youth Phone: 769 851 - 5977 Amount: Grant $ 21,461.00 Match $2,385.00 Will you need an interfund cash loan? ____x,_„ Yes no If yes, amount requested: $__j1,469.00 Tease include cash flow. Effective Date: _101112010 through 09/30/2011 Approved: CCP Date: -� mm -� �- Item — 8FSA Date: ---- --- - -- (If over $50,000.00) Administering City Department: _Division for Youth City Program Manager Responsible for Grant: Name: Kathy lsch Phone number: _ 716 851_ - _5177_ Please check off the list below to ensure proper documents are submitted for creation of a grant account: Letter from department head requesting grant be set up Award Letter Signed Grant Agreement Budget To be filled out by Department of Audit & Control Grant Fund: ._._ _...e ...m Project ID: .._...._..n . MUNIS Routing Dept: � � G Isch,Kathy . LL, From: dcjs,sm.bjf.jjunit [dcjsbjfjjunit@a dcjs.state.ny.us] Sent: Thursday, September 02, 2010 92:03 PM To: Isch, Kathy Cc: Brown,Byron; Lostritto, Joe (DCJS) Subject: Executed Contra STATE OF NEW YORK DIVISION OF CRIMINAL JUSTICE SERVICES POUR TOWER PLACE ALBANY, NEW YORK 12203 -376 htto :Jicrirn1naflustice, state. nv.us September 2, 2010 Dear Ms. Isch: RE: Buffalo, City of City of Buffalo Girls Circle C612071 The above mentioned grant contract is fully executed between the Division of Criminal Justice Services (DCJS) and your organization. The terms and conditions of the agreement should be carefully reviewed online in the GMS system. (if you would like to view and print the entire contract, click on the "Acceptance tab ", then continue to the bottom of this page until you see "Click here to view Award Contract pdf. ) As outlined in the contract, you are required to submit vouchers and fiscal cost reports for each month of the contract period or quarterly as described in Appendix C of your contract. All vouchers and fiscal cost reports must be submitted in triplicate to the DCJS Finance Office at the address on form. Payment vouchers and Fiscal Cost Reports (FCRs) are available for download at h p:11 criroinalivatice . ,qtate.nv.us In addition, please note that a separate fiscal ledger which accurately details the disbursement and expenditure of these grant funds must be maintained by you for audit purposes. The contract also requires the submission of progress reports (as outlined in the Appendix Al of your contract) which describe and document the operation of this project. The progress report format has been designed to collect information that is essential in properly evaluating the progress of your program in relation to the goals, objectives, tasks, and performance measures specified in your contract. Progress reports must be completed online via the GMS System; you are not required to mail these reports. Additionally, you should note that if your contract has a retroactive start date, you may have reports that are currently overdue. These reports must be submitted within 15 days of receipt of this letter or a stop payment will be placed on your contract. If you have an equipment line in your contract, please update all inventory received to the Property Module of the GIBS system. You may, if you wish, print a hard copy version of your grant equipment inventory for your files. Additionally, if a Budget Amend mentlContract Extension is needed, contact your Program Representative for instructions at the number below. Failure to comply with the provisions of this contract or to submit the required progress reports will result in the rejection of vouchers submitted by your agency. If you have any questions concerning the contract or should you require technical assistance concerning the operation of your project, please call at (518) 457 -3670. Sincerely, Ronda N. Ross Juvenile Justice Specialist Cc: Hon. B. Brown An Equal Opportunity/Affirmative Action Agency This e -mail, including any attachments, may be conhdentia €, privileged or otherwise legally protected. It is intended only for the addressee. If you received this e -mail in error or from someone who was not auiharixed to send it to you, do not disseminate, copy or otherwise use this e-mail or its attachments. Please notify the sender immediately by reply e -mail and delete the e -mail from your system. 2 STATE AGENCY Division of Criminal Justice Services 4 Tower Place Albany, NY 12203 GRANTEEICONTRACTOR:(Name & Address) Buffalo, City of 65 Niagara Square Room 201 Buffalo NY 14202 FEDERAL TAX IDENTIFICATION NO: 16- 6002533 MUNICIPALITY NO: (if applicable) 140207000 000 STATUS: Contractor is not a sectarian entry. Contractor is not a not - for - profit organization. CHARITIES REGISTRATION NUMBER: (Enter number or Exempt) if Exempt is entered above, reason for exemption. N/A Contractor has has not timely flied with the Attorney General's Charities Bureau all required periodic or annual written reports. f NYS COMPTROLLER'S NUMBER: T612071 (Contract Number) ORGINATING AGENCY CODE: 01490 - Division of Criminal Justice Services TYPE OF PROGRAMS: Juvenile Accountability Block Grant DCJS NUMBERS: JBA9612071 INITIAL CONTRACT PERIOD: FROM 10/01/2010 TO 0913012011 FUNDING AMOUNT FROM INITIAL PERIOD: $21,461.00 MULTI -YEAR TERM: (if applicable): 0 1 -year renewal options. APPENDIX ATTACHED AND PART OF THIS AGREEMENT x APPENDIX A Standard Clauses required by the Attorney Ueneral for all State contacts x APPENDIX Al APPENDIX Al Agency - specific Clauses x APPENDIX B Budget x APPENDIX C Payment and Reporting Schedule x APPENDIX D Program Workplan APPENDIX F GuidlInes for the Control and Use of Confidential Funds APPENDIX G Procedural Guidelines for the Control of S Equipment _ APPENDIX other (identify) IN WITNESS THEREOF, the parties hereto have electronicativ executed or approved this AGREEMENT on the dates of their signatures. NYS Division of Criminal Justice Services BY: , Date: Office of Program Development and Funding: State Agency Certification: In addition to the acceptance of this contract, 1 also certify that original copies of this signature page will be attached to all other exact copies of this contract. GRANTEE: BY: Hon. Byron W Brown Mayor Date: 08/25/2010 ATTORNEY GENERAL'S SIGNATURE APPROVED, Thomas P. DINapoll, State Comptroller Title: Date: Title: Date: Award Contract Juvenile Accountability Block Grant Project No. Grantee Name ` JB09- 7058 -E00 Buffalo, City of 08/3012070 AGREEMENT STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X) Amendment. Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix amendment for that PERIOD. C. This AGREEMENT incorporates the face page attached as presented in the Grants Management System (GMS) AWARD online printable report, and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used) GMS Amendment. Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, change in scope, or change in term is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A -7. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet theS S program objectives summarized in the Program Workplan (Appendix 0) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. P. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. It. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE`s designated payment office (Identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. Ill. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. D. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR falls to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix A -'I. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold hanniess the STATE and Its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix A -1. VI Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of the laws and regulations, or specified in Appendix A -1. Certified by - Byron Brown on 08125/2010 Project No. Grantee Name J809- 1058•E OO Buffalo, City of 08/3012010 FU2_4i:17171 STANDARD CLAUSE=S FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, 'the contract' or 'this contract') agree to be bound by the following clauses which are hereby made a part of the contract (the word 'Contractor' herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2, NON- ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or If this Is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and flied in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, thls contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law, 5. NON - DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-o of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of Now York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, In accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. f. WAGS AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the labor Law and as set forth in prevailing wage and supplement schedules Issued by the State Labor Department, Furthermore, Contractor and Its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor law. 7. NON - COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that ifs bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder, If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set- off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. F � 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, 'the Records'). The Records must be kept for the balance of the calendar year in which they were made and for six (8) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the 'Statute') provided that: (I) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed, and (ii) said records shall be sufficiently identified; and (ilt) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and /or FEDERAL SOCIAL. SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12238. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (1) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (11) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group - members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a Collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of 'a', 'b', and 'c' above, in every subcontract over $25,000-00 for the construction, demolition, replacement, major repair, renovation, planning or design of real prop" and improvements thereon (the work') except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: ( €) work, goods or services unrelated to this contract; or (i €) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duty promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for Into payment shall he governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration ( except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17, SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ('CPLR'), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service T r} of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days 3 after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law'165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in '165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. in accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1982. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12249 Telephone: 518 -292 -5220 Fax: 518-292 -5884 http;llwww.empire.state.ny.us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 516- 292 -5250 Fax: 518-292-5803 http: /1www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has compiled with the Federal Equal Opportunity Act of 1972 (P,L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business Is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 664 and Chapter 363, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4 -a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: ( €) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. k RkJ`- All Certified Assurances for federal programs, and DC.t s Contract Appendices are also available online for download at http .11criminaijustice.state.ny, uslofpalforms.htm. (rev)June, 2006 Certified by - Byron Brown on 0812512010 Project No. Grantee Name JB09- 1058 -EDO Buffalo, City of 08/30/2010 \� APPENDIX Al AGENCY - SPECIFIC CLAUSES 1. For grant solicitations or direct grant awards announced before April 10, 2006, if this Agreement exceeds $15,0{30, It shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it Is executed by both parties. For grant solicitations or direct grant awards announced on or after April 10, 2006, if this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $50,000 or less, it shall not take effect until it is executed by both parties. 2. This Agreement sets forth the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. The parties agree, however, that DCJS may unilaterally amend only the following sections of the Budget ArnendmentlGrant Extension form (DCJS -55) to insure accuracy and completeness: identification of Federal Funds or State Funds; #1 Grantee Name, 92 County; #3 Contract No.; 94 Implementing Agency; #5 DCJS No.; #7 Project Title; #9 Date of Last Approved Request; #10 Contract Duration; and A. Approved Project Budget. DCJS shall initial such amendment(s) and shall provide Grantee with a copy of the corrected DCJS -55 that was unilaterally amended by DCJS. 3. The failure of a party to enforce a contractual obligation shall not ellminate the other party's obligation to perform such contractual obiigatiam 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify DCJS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the personal Service Project Budget line by 10 percent or under. Any change in the number, title, job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by DCJS prior to implementation. The Grantee agrees to provide DCJS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by DCJS, with any voucher and Fiscal Cost Reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures, depending upon whether this grant contract project is supported by State or Federal funds: A. For State funded grants: For all Grantee's staff whose salaries are paid in whole or in part from grant funds provided under this Agreement, the Grantee shall maintain a time recording system which shows the time devoted to the grant project. The system shall consist of time sheets, computerized workload distribution reports, or equivalent systems. The time devoted to grant activities must be determinable and verifiable by DCJS. If time sheets are used, each must be signed by the individual and certified by the individual's supervisor in a higher level position at the and of each time reporting period. B. For f=ederally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi - annual (or more frequent) personal service certifications and/or an after - the -fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A -21, A -87 or A -122, as applicable: 1. OMB Circular A -21 [item J, General provisions for selected items of cost] identifies documentation required for educational institutions as support for grant project personnel costs. 2. OMB Circular A -87 [Attachment B, Selected Items of Cost] identifies the documentation required for local government agencies as support for grant project personnel costs. 3. OMB Circular A -122 [Attachment B, Selected Items of Cost] identifies the documentation required for non -profit organizations as support for grant project personnel costs. The most current version of these Federal OMB Circulars may be viewed on -line at: www .whitehouse.govlombleirculars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agency /organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. Any proposed modification to the contract which results In a change of greater than 10 percent to any budget category must be submitted for prior written approval by DCJS and the NYS Office of the State Comptroller. An Appendix X and a DCJS -55 setting forth the proposed amendment must be submitted to DCJS for approval by DCJS and the NYS Office of the State Comptroller before the next voucher and /or fiscal cost report will be approved. B. For proposed modifications to the contract which result in a change of 10 percent or less to any budget category, the following shall apply: 1. The Grantee is not permitted to reallocate funds between Personal Service and Non - Personal Service budget categories without the prior written approval of DCJS. A DCJS-55 setting forth the proposed amendment must be submitted to and approved by DCJS before the next voucher and /or fiscal cost report will be approved. 2. Prior approval by DCJS is not required for Non - personal Service budget changes which are less than 10 percent. A DCJS -55 and a - letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to DCJS with the next voucher or fiscal cost report submission. 9. Space rental provided by this Agreement must be supported by a written tease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix S, Budget, and, unless prior written authorization has been received from DCJS, shall not exceed rates authorized by the NYS Office of the State Comptroller. 11. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to DCJS with the appropriate voucher for payment. All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. A. The rate for a consultant should not exceed $450 for an eight -hour day (not including travel and subsistence costs). A rate exceeding $450 per eight -hour day requires prior written approval from DCJS and may be approved on a case -by -case basis where adequate justification is provided and expenses are reasonable and allowable. S. In addition to the above requirements, a Grantee that is a local government or a not- for -profit must adhere to the following guidelines at a minimum when obtaining consultant services: 1. Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. 2. Consultant services that cost between $1,000 and $4,999 under this grant agreement must be supported by at least three telephone quotes and a record created of such quotes. 3. Consultant services that cost between $5,000 and $9,999 under this grant agreement must be supported by at least three written quotes on a vendor's stationery and a record created of competitive procurement process utilized. 4. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. C. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of DCJS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. D. Notwithstanding the provisions of this paragraph, the Parties agree that DCJS' prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be supported by a written agreement and that all requests for reimbursement shall be supported by documentation identifying the criminal matter involved, services provided, time commitment and schedule. Such agreement and documentation shall be submitted to DCJS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non - personal service expenditures, in a format determined by DCJS, shall accompany each voucher and Fiscal Cost Report requesting payment. All procurements must be made in a fair and open manner and in accordance with the pre - determined methodology established for evaluating bids (e.g., lowest responsive bidder or best value). A. A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. B. A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A and any other applicable regulations. C. In addition, a Grantee that is a not - far - profit must also make all procurements as noted below: 1. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. 2. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $1,000 and $4,999, a Grantee must secure at least three telephone quotes and create a record for audit of such quotes. 4. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. 5. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from DCJS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. 6. A Grantee who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval ofs,_) DCJS. The request for approval must be in writing and set forth, at a minimum, a- detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of DCJS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix 13, Budget, shall be assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds in the GMS Property Module and print and submit such reports to DCJS /ODPF program representatives with the final program progress report or sooner. Alternatively, the Grantee may use the Equipment Inventory reports proscribed by DCJS to list equipment purchases and submit them to DCJS via postal service. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, DCJS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in conducting a criminal justice program. 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must he taken to ensure that grant - related transactions are net commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not - for - Profit Organizations. This Agreement may be subject to a fiscal audit by DCJS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and DCJS guidelines. 15. Where advance payments are approved by DCJS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. 16. DCJS reserves the right to suspend program funds if the Grantee is found to be In noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DCJS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in DCJS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. DCJS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by DCJS, DCJS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. DCJS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compilance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. "9501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the grant award must be reported in writing to DCJS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration/tuition fees. Interest earned on grant funds is not program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DCJS. All Income, including Interest, generated by the use of these grant funds will be used to enhance the grant project. 19. If applicable, the Grantee agrees to obtain not•for -profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DCJS with this information as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by DCJS by August 1st of the year following the fiscal year in which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to DCJS via the GMS system and additional information or amended data as required. A. Program progress reports will be due within 45 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress report will be due within 45 days of the last day of the calendar quarter from the start date of the program. Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project duration. Calendar quarters, for the purposes of making program progress reports, shall be as follows: Calendar Quarter; Report Due January 1 - March 31; May 15 April 9 -June 30; August 15 July 9 - September 30; November 15 October 1 - December 31; February 15 B. The final report, or where applicable interim progress roports, will summarize the project's achievements as well as describe activities for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through DCJS or falls to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of DCJS, provided that no such reduction or termination shalt apply to allowable costs already incurred by the Grantee where funds are available to DCJS for payment of such costs. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to DCJS. In any event, no liability shall be incurred by DCJS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DCJS because of disallowed expenditures after audit shall be its responsibility. 23. If Appendix S, program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25 %) of the employee's annual personnel cost (salary plus fringe benefits) during the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25 %) limit will be made unless prior written approval has been obtained from DCJS. 24. Alone of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior written approval by DCJS. Where the intention to make subawards is clearly indicated in the application, DCJS' approval is deemed given, if those activities are funded as proposed. If this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: - Activities to be performed; - schedule; - Project policies; -Other policies and procedures to be followed; - Dollar limitation of the Agreement; ! J - Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding lobbying, \6 Debarment and Suspension and any special conditions set forth in the Agreement, and - Applicable Federal and/or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgranted funds unless all expenditures by a subgrantee are listed on certification forms. Backup documentation for such expenditures must be made available upon request. All expenditures must be programmatically consistent with the goals and objectives of this Agreement and with the financial plan set forth in Appendix B. 25. Federal Funds A. In accordance with Federal requirements, a Grantee which receives during its fiscal year $500,000 or more of Federal funds (including pass - through and direct) from all sources, including this Agreement, must agree to have an independent audit of such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A-133. OMB Circular A-133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to DCJS within nine months of the end of its fiscal year(s). B. In accordance with Federal requirements, a Grantee receiving Federal pass - through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars. For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through DCJS: -OMB Circular A 21, Cost Principles for Educational Institutions; -OMB Circular A 87, Cost Principles for State, Local and Indian Tribal Governments; -OMB Circular A 102, Grants and Cooperative Agreements With State and Local Governments; -OMB Circular A 110, uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and tither Non Profit Organizations; and -OMB Circular A 122, Cost Principles for Non Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on -line at: www.whitehouse.gov /omb /circulars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub - recipient (or collaborative agencylorganiaation). Failure to do so may result in disallowance of costs upon audit. 26. Any creative or literary work developed or commissioned by the Grantee with grant support provided by DCJS shall become the property of DCJS, entitling DCJS to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by them, v� A. If DCJS shares its right to copyright such work with the Grantee, DCJS reserves a royalty -free, non - exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant, and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with grant support. B. If the grant support provided by DCJS is federally sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DCJS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by DCJS: This project was supported by a grant administered by the Now York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Division of Criminal Justice Services. 27. Original records must be retained for six years following the submission of the final claim against this Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DCJS requires that all documentation materials be organized, readily accessible, and cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, otc., are to be kept in a fiscal office which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant - related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by DCJS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. VER:11I19I09 Certified by - Byron Brown on 08/25/2010 Project No. Grantee Name i JB09- 1058 -E00 Buffalo, City of 0813012010 APPENDIX B - Budget Summary by Participant Buffalo, City of -Version 1 # Personnel Number unit Cost Total Cost Grant Funds. Mat Funds 1 Social Worker Supervisor (40 hours x 1 $1,680.00 $1,680.00 $1,680.00 $0.00 $41.921hr) 2 Intern (4 hours x 37 weeks) 1 $1,704.00 $1,704.00 $0.00 $1,704.00 3 Program Director - Youth Counseling - 1 $5,760.00 $5,760.00 $5,760.00 $0.00 (160 hours x $361hr) 4 Clinical Social Worker (133 hours x 1 $2,730.00 $2,730.00 $2,730.00 $0.00 1 $20.501hr) I Total $11,874.00 $10,170.00 $1,704.00 # Fringe Benefits Number Unit Cost Total Cost Grant Funds Matching Funds 1 Fringe Benefits - Program Director - 1 $681.00 $681.00 $0.00 $681.00 Youth Counseling @ 12% 2 Fringe Benefits - Clinical Social Worker 1 $628.00 $628.00 $628.00 $0.00 0-29 3 Fringe Benefits - Social Worker 1 $386.00 $386.00 $386.00 $0.00 Supervisor A 23% Total $1,695.00 $1,014.00 $681.00 # Equipment Number Unit Cost Total Cost Grant Funds Matching Funds 1 Laptop Computer 1 $1,277.00 $1,277.00 $1,277.00 $0.00 12 TVl ©VD Plaver 1 $550.00 $550.00 $550.00 $0.00 Total $1,827.00 $1,827.00 $0.00 # Travel and Subsistence Number Unit Cost Total Cost Grant Funds 1 Matching Funds 1 $0.00 11 Girls Circle Curricullum Training 1 I $2,300.00 $2,300.00 $2,300.00 Total $2,300.00 $2,300.00 $0.00 i # All Other Expenses Number Unit Cost Total Cost Grant Funds Matching Funds 1 Field trips 1 $2,000.00 $2,000.00 $2,000.00 $0.00 2 Girls Circle Curriculum 1 $1 ,500.00 $1,500.00 $1,500.00 $0,00 I � 3 Registration Fees - Girls Circle 1 $7011.00 $700.00 $700.00 $0.00 Curriculum Training 4 refresh 1 $1,950.00 $1,950.00 $1,950.00 $0.00 Total $6,150.00 $6,150.00 $0.00 Buffalo, City of Total Project Costs Total Cost 1$23,846.00 Grant Funds 1$21,461.00 Matching Funds 1 $2,385.00 Buffalo Department of Community Services Total PPOJBEt Costs 1$23,846,00 s Matching Funds 1 $ Project No. Grantee Name `, JB09- 9058 -E00 Buffalo, City of 0 813 01201 0 \6 APPENDIX C PAYMENT AND REPORTING SCHEDULE NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A -1. For All Grantees: 1. The Grantee agrees that this is a reimbursement -based contract; an advance may be provided through Appendix D (Special Conditions. All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement 2. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 percent (25 %) of the grant amount. The Grantee must also refund all unexpended advances (see item three below.) Final vouchers, reimbursement payment and reports must be submitted within 45 days of the end of the grant contract period. Failure to voucher within this period may result In the loss of grant funds. 3. it at the end of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the DCJS Office of Finance with its final fiscal cost report within 45 days of termination of this grant contract. 4. Vouchers shall be submitted in a format acceptable to DCJS and the Office of the State Comptroller (see http:l lwww. criminaijustice .state.ny.uslofpalforms,htrn), Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. When submitting a voucher, such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. 5. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers Is the DCJS Office of Financial Services. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law (http:ilcaselaw.1p.findlaw.com/nycodesicli3/al9,htmi). Payment shall be preceded by an inspection period of 15 business days which shah be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify the Office of Finance in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. 6. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Division of Criminal Justice Services Office of Finance 4 Tower Place Albany, NY 12203-3764 7. Payment Schedule PAYMENT 䜓 & #8195; PAYMENT DUE DATE 1 & #8195; & #8195; & #$195; Pending appropriation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. 2-4 & #8995; & 98195; & #8195; Quarterly A not - for - profit Grantee operating on a multi -year contract may voucher for an optional fifth quarter advance against the succeeding yearEs appropriation, pursuant to NYS Finance Law, Section 179 -u. Ail submitted vouchers will reflect the Granteegs actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non - personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. DCJS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. if necessary, the Grantee may be required to submit a final budget reallocation. Fiscal cost reports must be submitted showing grant expenditures and/or obligations for each quarter of the grant within 45 days after the last day of the quarter for the reporting period. Advance payments shall be permitted as specified in Appendix A -1, and in the amount specified in Appendix D (Special Conditions). Payment requests need to include the following documents as required: - Detailed Itemization of Personal Service Expenditures - Detailed Itemization of Non - Personal Service Expenditures - Detailed Itemization of Consultant Expenditures - Expert witness agreement and supporting documentation - Voucher and Fiscal Cost Report signed - Written documentation of all required DCJS prior approvals as follows: -DCJS approval of non - competitive consultant. -DCJS approval of non - competitive vendor for services. -DCJS approval of consultant services reimbursement greater than $450 per eight hour day. -DCJS approval of change to Personal Services by more than 10 percent. -DCJS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. -DCJS approval to subaward to another organization. -DCJS approval for overtime payments exceeding 25 percent of an employee4s annual personnel cost. -DCJS and NYS Office of the State Comptroller approval to modify Personal Services and Non Personal Services budget categories by more than 10 percent. $ DCJS approval to reallocate funds between Personal Services and Non Personal Services. VER073109 � Certified by - Byron Brown on 0812512010 j i \ Mr. Fontana moved: That the above communication from the Commissioner of Community Services dated September 17, 2010, be received and filed; and That the Commissioner of Community Services, Division of Youth be, and they hereby are authorized on behalf of the City to wept a grant from the New York State Department to Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $21,461.00. That the Comptroller be, and he hereby is authorized to provide an nterfbnd cash loan totaling $21,461.00. The loan is payable at date of reimbursement. Passed. H t:lwp6ftuawot[rlenvlZ9c1 0- 19o.troc YE NO FIIA NCZIX 60-L0 .. E ]KEARNS LO ... TO RNs-§iLL j 0 5 213 - 6 314- 7 } FROM THE COMMISSIONER OF HUMAN RESOURCES October 19, 2010 October 13, 2010 A M ' '�� C 1 Gerald A. Chwalinski City Clerk Registrar of Vital Statistics 1308 City Hall Dear Mr. Chwalinski: In response to the request from the Finance Committee, attached are itemized breakdowns for costs related to the administration of Civil Service examinations and selection processes. The following itemized breakdowns are attached: POLICE OFFICER SELECTION PRO CESS m 110 Solutions — Written Examination $75,000.00 ® Travers Collins & Company — Marketing/Recruitment $85,000.00 Law Enforcement Psych. Associates -- Psychological $150,000.00 DETECTIVE SERGEANT SELECTION PROCESS 0 I/O Solutions — Written Exam and Assessment Center $45,000.00 TOTAL COST: $355,000.00 Please feel free to contact me or Olivia Licata, Administrative Director of Civil Service, with any questions. Thank you for your assistance in this matter. Sin rely, � JC& 1. 4 K la L. Thomas Commissioner of Human Resources RECEIVED D FILED cc: Hon. Richard A. Fontana, Lovejoy District Councilmember Hon. Michael P. Kearns, South District Councilmember Ms. Olivia A. Licata, Administrative Director of Civil Service 65 NIAGARA SQUARE / 1001 CITY HALT. / BUFFALO, NY 14202 -3310 / (716) 851 -5900 / FAX: (716) 851 -5401 s, 2010-2011 Entry -Level Police Testing for the City of Buffalo 1/0 Solutions is interested in assisting the City of Buffalo in designing a fair and valid testing process that will enable the city to disengage from court supervision. In this vein, we are proposing that the city design a written examination that is parallel in form to 2007 entry -level examination as well as consider using 1/0 Solution's Integrity Inventory exam. The Integrity Inventory assesses counter - productive workplace behaviors and is able to screen out a large proportion of candidates while exhibiting no standardized mean difference between majority and minority group members (i.e., in recent uses of this exam, the exam has displayed no difference in selection ratios - in other words no disparate Impact between protected classes). We have substantially reduced the cost of the Integrity Inventory and will conduct a validity transportability study to facilitate the City's use of this tool. Rate Schedule Consultant/industrial Psychologist $225 ]Technical Writer $50 l Administrative Assistant $20 Provide I /O's Integrity Inventory test and related scoring services (3000 @ $19, discounted to 3000 @ $4) ]Train raters to administer /rate oral interview Technical report supplement containing documentation of 2010 revision and validation work Optional candidate orientation workshop (I session) Post test consultation Consultant travel expenses TOTAL COST $12,000 12 $2,700 16 $3,600 8 $1,800 24 - $5,400 $3,600 $71,67'0 i Update job analysis results based on an SME review and revision workshop 10 $2,250 Create a new, content- parallel form of the entry -level examination 28 40 $8,300 Conduct predictive validation study using data from officers hired in past year to support test validity 18 4 8 $4,410 Conduct a transportability study to demonstrate the validit of 1/0 Solutions' Integrity Inventory test NIA Exam administration planning and support 10 $2,250 Update oral interview questions 2 4 4 $5,600 Administer written examination 14 8 $3,310 Exam scanning, scoring and analysis 18 20 $4,450 Custom police officer exam booklet printing /shipping 3000 booklets @ $4 $12,000 Provide I /O's Integrity Inventory test and related scoring services (3000 @ $19, discounted to 3000 @ $4) ]Train raters to administer /rate oral interview Technical report supplement containing documentation of 2010 revision and validation work Optional candidate orientation workshop (I session) Post test consultation Consultant travel expenses TOTAL COST $12,000 12 $2,700 16 $3,600 8 $1,800 24 - $5,400 $3,600 $71,67'0 ESTIMATED PRICING SCHEDULE LAW ENFORCEMENT PSYCHOLOGICAL ASSOCIATES (LEPA) Estimate of 250 candidates to be processed P R OJ ECT STAGE ADMINISTRATION .. $45.00 . e ute - - . ication � b Ider�tif' .._............_.u_.�.. �...�._._�. Attr i - - $40.00 $3,400.00 Test Selection I LEPA -BHQ $3,600.00 Inte Construction $15.00 $2,000.00 Sub -Total $9,000.001 TEST MA FmMPI -2 .. $45.00 IPI - - $40.00 CPI $25.00 I LEPA -BHQ $20.00 SLID -11 $15.00 J Sub -Total 40 ADMINISTRATIVE COSTS (DAILYI $38.00 Tests Administered by Ph.D. Tests Admin. by LEPA Proctor Tests Admin. by Addt'I. LEPA Proctor S€ab -Total ADMINIST COSTS (HOURLY) $36,250.00 $1,000.00 10 $10,000.00 $300.00 10 $3,000.00 $300.00 — 10 $3,000.00 $ Meetings 1 1200.00 4 ' . Appearances t Civil Serv ice Test Materials 0 Secondary Review of Information $200.00 40 Consultation $200.00 40 I Secretarial Services $38.00 40 [Sub -Total ADMINISTRATIVE COSTS (PER CANDIDATE) Y «x lnterv�ew, Analysis � Report $200.00 . .....250' Sub -Total TOTAL CO ST ESTIMATE $11,250.00 Project Stage Administration $9,000.00 Test Materials $36,250.00 Administrative Costs (Daily) $16,000.00 Administrative Costs (Hourly) $33,520.00 Administrative Costs (Per Candidate) $50,000.00 �TOTA(....:.. ,.:. ..:..................... ............................... .........,......_..... 250 $11,250.00 250 $`I0,0 ©0.00 250 $6,250 250 $5,000.001 250 - $3,750.00 $8,000 $8,000,00 $8,000.00 $1,520.00 $33,520.0 $50,000.00 $50,000.00 The Development of a Psychological Test for Entry Len[ Police Officers Page 32 Law Enforcement Psychological Associates June 22, 2010 COSH' PROPOSAL The costs involved in each project stage, e.g., Attribute Identification, Test Selection and interview Construction, could range from virtually nothing, if the City were to use the materials that we have suggested and that we have used extensively in the past. However, if the City wants to make changes in the standard evaluations that we have used, then the costs can range as listed below. Plrorect Staife Estimated Costs Attribute Identification $1,000 to $3,400 Test Selection $400 to $3,600 Interview Construction $400 to $2,000 Total estimates for all three stages. $1 to $9,000 - Pricing Schedule -- Cost per candidate in all categories with (noted exceptions Test Materials (per candidate): Cast Category Minnesota Multiphasic Personality Inventory -2 $45.00 Per test Inwald Personality Inventory_ $40.0 Per test CPI- Robe .Police a nd Public Safety Report _ $25.00 Per test LEPA -BHQ SCID -11 Above tests administered by a Ph.D. psychologist Above tests proctored by City personnel Above tests proctored by LEPA_ proctor - Interview, analysis and written report Meetings with command staff to review findings Appearance at Civil Service Comm_ ission Court Testimony Secondary Review of candidate based on additional information Consultation time Secretarial services No show charge for missed interviews Packaging, mailing and delivery charges Service charge for late payment $20.00 $15.00 $X000.00 No Charge $300.00 $200.00 $200.00 $200.00 $250.00 $200.00 $200 $38 $75 Cost 15% Per test Per test Per day Per day each Per candidate Per hour Per hour Per hour Per hour Per hour Per hour Per hour APR E Total proposed budget $85,000* Paid advertising $40,000 Outdoor 3 —14' X 48' Vinyls 25 —12' X 25' Poster Minority Publications $10,500 1. The Challenger— 2 -full page, 4- quarter page 2. The Criterion —2-full page, 4-quarter page 3. la Uftima flora — 2 -full page 4. Panorama Hlspano — 2 -full page Interactive $4,000 Creative Development/Production /Printing ** $21,500 - ** Project Managernent/Publicity $9,000 * ** . Client contact/meetings - Press Conference Launch Event Plan development/execution - Social media execution and monitoring Outreach to community church leadership - On -going Media Relations to engage support 1. Media Training Identify lacations/posterdlstribution 2. Interview placement/story pitches during campaign * Depending on final budget we would be willing to work with local radio stations to secure placement for no charge radio ads as a public service tactic. *x Does not include new photography. Printing costs based on outdoor boards and posters only. * ** Rates are discounted 15% as a courtesy Hourly Discounted Rates Account Service $100/hour Creative Service $1201hour Production $10 0!hour Account Administration $75/hDur - tt •. �.7 Buffalo Detective Sergeant Assessment IRate Schedule Consultant/industrial Psychologist $175 Technical Writer $65 Administrative Assistant $25 Updating of job analysis for Detective Sgt. rank 8 $1,400 Development of 100 -item, multiple choice written examination 11 45 $4,850 Development of 3- exercise assessment center based on subject matter expert input 32 2 $5,730 ]Development of video -based candidate orientation 6 $1,050 Administration of written examination 6 $1,050 Recruitment of assessors and coordination of assessor travel (estimated 7 assessors) 8 20 $1,900 Administration of the assessment center (one day of assessor training followed by three days of assessment) - expected 98 eligible candidates 32 32 $6,400 Compilation of candidate scores and development of candidate feedback reports 3 10 $775 Provision of project technical report 16 $2,800 (Actor /role -play fees $1,300 (Assessor and Consultant travel expenses $16,180 TOTAL COST $43,435 *Invoicing schedule: I!3 upon project commencement, 113 upon administration of written exam, and 1/3 upon delivery of candidate scores. !" Cost of administration of the assessment center will not exceed $6400, and will be prorated if less than four total days. _ . October 12, 2010 Commissioner Karla L. Thomas Human Resources Department 1007 City Hall Buffalo, NY 14202 Dear Commissioner Thomas: At the Finance Committee Meeting held on Tuesday, October 12, 2010, item (Res 75 Oct 5) Transfer of Funds -HR was seat Without Recommendation, to the Common Council for their meeting of October 19, 2010. This action was taken pending a response from the Human Resources Department to questions raised during the Finance Committee Meeting. Please review the enclosed item and furnish an itemized report with a complete breakdown of all the costs associated with the referenced item, including a breakdown of the $55,000 in advertising costs. Please t =tie your response with the City Clerk, 1305 City Hall, by 2:00 PM Thursday, October 14, 2010 with a courtesy copy seat to Richard A. Fontana, Majority Leader 1 Lovejoy District Common Council Member. If you are unable to respond by the due date, the matter will be recommitted to the Finance Committee to give you sufficient time to respond to the questions cited herein If you have any questions or need further information, please contact me at 351 -4361. Thank you in advance for your anticipated cooperation in this matter. Sincerely, William B. Licata Sr. Legislative Assistant CC: Nicholas Heidinger Richard Fontana, Majority Leader, Lovejoy District Council Member Michael Kearns Chairman of Finance Committee, South District Council Member 65 Niagara Square e Roam 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (730) 851 --4234 Chief of Staff James S. Pajak Common Council Senior l egislntive Assistant IV Kevin M. Linder .Senior L egirlative Assistants Mark J. Jaskida William B. Licata Julia A. Paul Melissa Sambez Mchard Wall City of of fulo, A ide Imes NEJ _ . October 12, 2010 Commissioner Karla L. Thomas Human Resources Department 1007 City Hall Buffalo, NY 14202 Dear Commissioner Thomas: At the Finance Committee Meeting held on Tuesday, October 12, 2010, item (Res 75 Oct 5) Transfer of Funds -HR was seat Without Recommendation, to the Common Council for their meeting of October 19, 2010. This action was taken pending a response from the Human Resources Department to questions raised during the Finance Committee Meeting. Please review the enclosed item and furnish an itemized report with a complete breakdown of all the costs associated with the referenced item, including a breakdown of the $55,000 in advertising costs. Please t =tie your response with the City Clerk, 1305 City Hall, by 2:00 PM Thursday, October 14, 2010 with a courtesy copy seat to Richard A. Fontana, Majority Leader 1 Lovejoy District Common Council Member. If you are unable to respond by the due date, the matter will be recommitted to the Finance Committee to give you sufficient time to respond to the questions cited herein If you have any questions or need further information, please contact me at 351 -4361. Thank you in advance for your anticipated cooperation in this matter. Sincerely, William B. Licata Sr. Legislative Assistant CC: Nicholas Heidinger Richard Fontana, Majority Leader, Lovejoy District Council Member Michael Kearns Chairman of Finance Committee, South District Council Member 65 Niagara Square e Roam 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (730) 851 --4234 I - .rwisfer of Funds PF RS Pension Human Resources That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $355,000 be and the same is hereby transferred and reappropriated from the Police and Fire Pension to the Department of Human Resources, as set forth below: From: Police and Fire Retirement System 17303002 - 423002 PFRS Pension To: Human Resources 12554006- 432004 Engineering and Technical 12554006 - 454000 Advertising $355,000 $270,000 $ 85,000 Estrich,®c nna To: Estrich,13on a FW: Contracts Pram: Licata,plivia Seat: Tuesday, September 14,2010'1:26 PM To: Estdch,Donna Cc: Penksa,Janet, Thnmas,Karla Subject. Contracts iii Donna: As was previously discussed, we are moving forward with the contracts forthe following and request that money be allocated for processing: Entrance - level Police Officer Exam. 1/0 Solutions Exam Contract $75,000 Travers Collins Recruitment /Advertising Contract $85,000 Law Enforcement psychological Assoc. /Dr. Jay 5upnick $150,000 Detective Sergeant 1/0 Solutions Exam Contract $45,000 Thanks, Olivia 1 S FROM THE ZONING BOARD OF APPEALS October 19, 2010 00034 ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall s Buffalo, NY 14202 -3318 Phone: (716) 851 -4942 a Fax: (716) 8514388 BU FF A L O CITY OF NEW rt September 30, 2010 BRRWN W. BROWN MAYOR? A ' ,, ..: ortation-ft""AtetUrel 134 HIGH STREET - North End Dovelopment To all Involved and Interested Agencies: Pursuant to the New York State Environmental Quality Review Act (SEQRA), enclosed please find a copy of the City of Buffalo Zoning Board of Appeals Findings Statement for the recently approved Multi -Modal Transportation structure height variance at premises 134 HIGH STREET. If you should have any questions, concerns or a need any further assistance with this project please feel free to contact me at 851 -5082. Ve truly yours, . (Z'� 4 zzi 4 Thomas A. Chwalinski — Executive Secretary ZONING BOARD OF APPEALS cc: File • %' � ate+ t3� k't State Environmental Quality Review Act Findings Statement Findings to Approve Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Zoning Board of Appeals ( "ZBA ") makes the following; findings. Name of Action: Buffalo Niagara Medical Campus — North End Development Multi -Modal Transportation Structure Applicants: Kaleida Health and 134 High Street, LLC SEQRA Status: Type 1, Positive Declaration Description of Action: The Applicants are proposing to construct an approximately 1,800 space Multi -Modal Transportation Structure ( "MMTS ") at the north -west comer of High Street and Michigan Avenue, Buffalo, New York. Project Site: 134 High Street, Buffalo, New York Lead Agency: City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") and New York General City Law x;81 -b, the City of Buffalo ZBA has jurisdiction to consider variances from requirements of the City of Buffalo Zoning Code. Here, the Applicants are seeking an Area Variance from the height limitation found in §511 -41 of the Code. The proposed height of the MMTS is 83'± and the City of Buffalo Zoning Code limits the height to 66' (based upon the distance from the structure to the opposite side of Michigan Avenue). Date Final Generic Environmental Impact Statement Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: .January 27, 2009 Contact: William. P. Grillo City of buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851 -5086 f Facts and Conclusions Relied on to ,Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC-North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC — North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board ( "Planning Board ") determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board - approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies, including the ZBA and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13, 2009. On January 15, 2009, the FGEIS was provided to all Involved and Interested Agencies, including the ZBA, and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. 1 The ZBA, as an Involved Agency in this process, received and reviewed all of the documentation cited above. On August 27, 2010, the Applicants submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and Zoning Board of Appeals. The Application included a Letter of Intent ( "LOI" ), a Full Environmental Assessment Form ( "FEAF ") and other relevant exhibits to the Zoning Board of Appeals. The Applicants are seeking an Area Variance (for height) to accommodate the proposed design for the MMTS, Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental agency is required, prior to taking action on an application, to review the potential environmental impacts of project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors prepared a Draft Generic Environmental Impact Statement ( "DGEIS ") and Final Generic Environmental Impact Statement ( "FGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicants have prepared and submitted to the ZBA the aforementioned FEAF specifically for the construction of the MMTS to assist the ZBA in reviewing potential impacts of this Project. The DGEIS and FGEIS also specifically analyzed the potential impacts of a MMTS of this size and at this location and found that the impacts were minimal. In fact, the MMTS is specifically designed to be a traffic and parking mitigation measure to help offset the impacts associated with the Global Vascular Institute, Skilled Nursing Facility and future Medical Office Building being constructed on the North End of the Buffalo Niagara Medical Campus. As such, the proposed construction of the MMTS was fully analyzed as part of the Planning Board's SEQRA review and the ZBA has determined that the Project submitted as part of this Application is consistent with the analysis and findings of the Planning Board in its original Findings Statement dated January 27, 2009. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the proposed MMTS, and more specifically, the requested Area Variance, the City of Buffalo Zoning Board of Appeals is approving the requested Variance to accommodate the proposed design for the MMTS as the feasible, prudent and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. � zr Certification to Approve. Having considered the DGEIS, FGEIS, FEAF and the original Findings Statement, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: The City of Buffalo Zoning Board of Appeals has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS, FGEIS and FEAF and their supporting materials; 2. The City of Buffalo Zoning Board of Appeals has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Zoning Board of Appeals, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR fart 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Zoning Board of Appeals' designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were adopted by majority vote of the City of Buffalo Zoning Board of Appeals at a duly called meeting held on September 29, 2010. City of Buffalo Zoning Board of Appeals Name of Agency Cigna of Responsible 6 icial Chairman Title of Responsible Official Rev. Jaynes A. Lewis, III Name of Responsible Officer September 29, 2010 Date City of Buffalo Zoning Board of Appeals, 901 City Hall, 65 Niagara Square, Buffalo, New York. 14202 f 1(j A copy of this notice sent to: x New York State Department of Environmental Conservation New York State Department of Transportation New York State Department of Health New York State Office of Parks, Recreation and Historic Preservation Dormitory Authority of the State of New York New York State Office of Mental Health New York State Office of Alcohol and Substance Abuse Services New York State Board of Regents State University of New York Niagara Frontier Transportation Authority (NFTA) Erie County Department of Environment and Planning Erie County Department of Health Erie County Department of Mental Health Erie County Office of Alcohol and Substance Abuse Services Erie County Industrial Development Agency Emergency Services — Sheriff's Office Environmental Management Council City of Buffalo Department of Permit and Inspections City Water Department Buffalo Sewer Authority Street Department (Dept. of Public Works) Buffalo Fire Department Buffalo Police Department Buffalo Urban Renewal Agency (BURR) City of Buffalo Common Council City of Buffalo Zoning Board of Appeals City of Buffalo Historic Preservation Board Environmental Notice Bulletin (ENB) (DEC) _i it 000 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE CO MMON COUNCIL FROM: DEPARTMENM BUFFALO URBAN RENEWAL AGENCY DJ E s t a t e SU S Le b etw een a and Gr Contr LLC — 450 Exc 479-481 1-19baitv, N10011 -1 1 041 1 100114 P_ This item is a request for the City of Buffalo Urban renewal (hereinafter referred to as Agency) to enter into a Land Lease Agreement with Graphic Controls, LLC on 450 Exchange Street and 479 -401 Alabama, located in the South Ellicott Phase 2 Urban Renewal Area. The property, known as 450 Exchange Street and 479A81 Alabama, is a acre ; A gency curr _ t he pr they e it as . parking lot for head ad j a cent at 400 Exchan Graphic Controls has requested that a new lease be negotiated with the ,Agency with an extended lease terra. The term of the Lease will be five years at a monthly rental rate of $2,000.00. Graphic Controls will have the option to extend the term of the least through three consecutive five year extensions. Thereafter, each extension would increase $250.00 per month. The fair rental value rates were determined based upon the current fair market value of the property as determined by KLW Group, Real Estate Appraisers and Consultants, and a rate of return of 10% for the annual rental figures. Graphic Controls will be responsible for the payment of all real property taxes and user fees assessed or charged against the property and all repair and maintenance. Permission is therefore requested for the Agency to enter into a Land Lease with Graphic Controls, LLC, subject to Agency Legal Counsel approval as to the transactional documents. - � •�= s �: 3..E � � � :.� i. s. � � � +� ": �. s FORM #2 — Page 2 TEXT CONTINUATION RE: Land Lease between BURS, and Graphic Controls, LLC 450 Exchange Street /479 -481 Alabama October 19, 2010 willing to expedite this matter, 1 have taken the liberty to prepare a Resolution together with a Notice of Public nearing for your action. 1 _ Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Lease Agreement After Public Honorable i . may adopt a Resolution authorizing the disposition of land. f )Kj SIGN ATURE OF DEPARTMENT HEAD: DEPARTMENT HEAD r REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE CITY CLERK October 19, 2010 0003 G ERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER GLIVENGIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics October 4, 2010 Jane Witthohn Tag Town 1107 Claryville Road P.Q. Box 00 Claryville New York 12428 Dear Ms. Witthohn: T o 65 NIAGARA SQUARE ROOM 13 08 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (715) 851 -5431 FAX: (716) 851 -4845 r,',b�f Thank you for your letter dated September 20, 2010 whereby you inform our department of the services you offer as a NYS business owner with reference to the dog licensing process. The City Clerk's office has always internally maintained our own recording keeping process via our MIS department and any notices for expired licenses are addressed via our Administrative Adjudication department. Unfortunately, with reference to the dog tag process, we are required to send this process out for bid and have already chosen a vendor. Again, we genuinely appreciate the services you offer, however, we have finalized all of the details involved in transitioning to provide the services that NYS Agriculture and Markets will no longer provide. We will keep your information on file should we have any future needs for the valuable services you provide. Sincerely, Gerald Chwalinski City Clerk GCImc RECEIVED AND FIL :3 3�~ Q3ch37 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board, Address 245 Allen St 69 W. Chippewa St RECEIVED AND FILED October 19, 2010 Business Name Calumet Arts Cafe Bottoms Up Owner's Name Mark Goldman Bottoms Up LLC J� s` ¢ {+ * s f STATE OF NEW YORK Standardized ALTERATION APPLICATION N©TICE FORM far Providing. EXECUTIVE DEPARTMENT 30- Advance Notice io a Local Munieinality or Community Board DIVISION OF ALCOHOLIC BEVERAGE CONTROL in conneeliort 10111 the submission to the Stale LiquorAwhority of the STATE LIQUOR AUTHORITY Anotieation for Permission to Make_ Alterations for the Establishment Identified in this Notice 1. ( Date the Original copy or this Notice was Mailed to the Local Municipality or Community Board: I 1010 Q / I y ; THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR Ldt COMMUNITY BOARD: 2 Name of th Local Municipali ar Cvmm j oar / d: StFt A s of Lv� €Cipality or Community Board: 3. L/ / Y / t / I City, To Village: Zip Code: NY . I or Telephone N of Clerk of Local P t] tY Board: ) cal Munici ali or Commune ». S. ] p ffd� W�..... ........, ' APPLICANT I . OI2IVI ON Applicant's FUtI Name as it Appears on the License Certificate: License Serial No. Street Address of Prem ses City, Tot r Village -Zip Cod County J/ TclephmONo, 8. Type(s) of Alcohol Currently Sold under the License: 1 °7€" oneY [:1 Beer Only Wine and Beer Only �• Liquo�,,Yine and Beer PROPOSED CHANGES/ ALTERATIONS �p [ Cheek One _� c Substantial Alteration: Any enlargement or contraction of a licensed premises. Any physical changes to the exterior, that involves the creation or relocation of any window or door, and any Interior changes of physical structure. Any change in size or location of bar, or dining d kitchep facilities. 9. �;. or Minor_ Alteration: one costing and valued at less than ten thousand dollars, which does not affect the material character or pVsicat:v# cture th.Ft existed at the time of licensing. Where will the Alteration be confined to? El Interior If interior, will the Occupancy chnga? Yes or No to ]ntarior Exterior Interior and Exterior If Exterior, do you plan on utilizing outdoor areas? If Yes, which outdoor area? Cheek One Xes or N© 4 J y E] Rooftop patio or Deck ®Freestanding Covered Structure ®Gazden/Grounds ®Other Is a Building Permet required r r t is t s$f Alteration? Yes or No if so, has permit been ap lied for? Y or No 4 Will any entrance or exit of premises as altered be within 200' of the entrance to a school, Uhurch drr Will there be a change of address upon completion 13, synagogue or other piece of worship? Yes or No of Alterations? Yes or No N0 / Are there any known limitations by the County or Municipality rot this type of Alteration? Yes or No is so, what are they? 14. ATTORNEY OR REPRESENTATIVE REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ALTERATION APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE Attornes tttl Name 15. rj� ` I ! Attomey 's Street Addr ss: City, To or Villa e: Business Telephone Number: Business am the Person- who holds the license or I axe a principal of the Legal Entity that will hold the License. Representations in this form are in fall conformity with representations made in documents that have been submitted (or documents that will be subraitteii) to Ie State Liquor Authority and relied upon by the Authority. I uridetstand that representstioris made in this':foirn -will, also be relied upon by the Authority and that false representations in any document sub.. tted to the Authority Amy resit vin revocation of any license that may be issued. By my signa€:ure, I affirm- under l- eIifiltjy 6f' �erjury' -that the representations made in this form are true. Printed Name 'Title Signatu r� MA P 1 4n Standardized ORIGINAL APPLICATION NOTICE FORM for Prowdfnga :E, STATE OF NEW YORK 30 -Dav Advance Notice to a Local Municipality of Cotnn3l nity Board ' ./ � • � EXECUTIVE DEPARTMENT nrnnnectionsvilhthe irhmisstotrfalheSlateLigrtorA :illroriryafrhe > VIV) 5IONOFALCOIfOLICHEVERAGE CONTROL Anolicant's Orisinal (First) On- Premises Alcoholic_ Beverage License Armlication STATE LIQUOR AUTHORITY - fnr the Establishment Identified in this Notice 0a e 1 ofJ 1. Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: THIS 30 -DAY ADVANC NOTICE `18. HEINO MATLUO TO THE C.18RK OF THE PC) i£7H lI?G OCAI -MUNICIPALITY OR COMMUNITY BQARD - 2. Name of the Local Municipality or Community Board: j / / C, 3, Street Address of Local Municipality or Community Board: 4, I City, Town, or Village: I ;e;6, f= izw L 0 5. I Telephone Number of Clerk of Local Municipality or Community Board: 6. 7. 8. ( 9. 10. t I, 12. 13. 14. 15. 16. 17. 18. 19. 20. 21, 22. 23, 24, 25. 26. 28. 29. 30, f Attorney's Fill Name is:��� l �� Att ' Stre I — . '� —_L Zip Code: ��IJ HMENT JOENTWIEI3. - fff TfIIS NOTICE orney s e ress City, Town, or Village: (/�^j�e D I � [Zip Code: Business Telephone Number of Attorney: / � Tk7E Pr7?P GAIV l it) L RILE A3I O$IGi }eSI (1?I125T AP1?LI ?STIQII:I (jkAN.QN- PREW$ES ALGO }FOLIC : f3EVEI2AGE LICENSE .. ,_:IAIC312ISEAC(>C41TDL3CT TM NTH - THETYPI DPFBITSSNESS.DESCRIPEDBELQWV Type Beer s) of Alcohol to be sold under the License "K one : Only wine and Beer Only Liquor, Wine, and Beer 11 Extent of ❑ Restaurant (Sale of Food ❑ Tavern - Restaurant (A mixed - use establishment that Tavern / Cocktail Lounge / Adult Venire / Food Service: primarily; Full Food Menu; has both a sit - down dining area and a "stand - up" bar 9 Bar (Alcohol sales primarily - meets legal ' onel Kitchen run j by Chet) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) Hotel 1 Type of ]�/( Live 9 Disk ❑ Juke [] Patron Dancing ❑ Cabaret, Nig Club, Discotheque Capacity for 600 � Establishment Music Jockey Box (Smolt Scale) (Large Scale Dance Club) or more patrons ( ad Club (e. Golf / Bed ❑ Catering 1:1 Shows 11 Topless Other ihat hasapply) � Fraternal Org.) Breakk fast Facility Shows Enteruvnment (Specify): Pro None Rooftop patio Freestanding Garden / Other - Outdoor Areajs): ❑ or Deck Covered Structure Grounds (Specify): Will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? ('7I' ono : 1 d 1 YES I NO Application Serial Number: I 1' �3 The Rno]Ic Bull Name, as it will appear g License, in for t I ��� f for the On- Premises Alcoholic Beverage License, se, is: f 1 The Full Name of the Applicant's proposed licensed Establishment (the Trade Nam under which the proposed Licensed Establishment will conduct business) is: f K L t✓ The Applicant's proposed Licensed Establishment is located within the building which has the following Street Address: 1 1 f% Cr City, Town, or Village: I t°7 'fiI �� j NY Zip Code: i The proposed Licensed Establishment will be located on the following floorls) of the building at the above address: I 7 r " y Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follotva: Business Telephone Number of the Applicant: -�� d Business t=ax Number of the Applicant- F Business E -Mail Address of rite Applicant: — _____._— ....�_�. ! - - -- _- _. IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? Yes No ❑ I Don't Know ❑ C)WKEI� OF TTTE T3LIII I?INCi IN WHICH THE PROPC3SED LICEIVS) D, ESTABLISHMENT WILL HE LOCATED Does the Applicant own the building in tt "YES', SKIP items No. 27, 28, 29, Ss 30 1}n��7,i, 11 `NO ", ANSWER items No. 27, 28, 29, & 30. which the proposed Licensed Yes ❑ Go directly to Item No. 31, NO V Then continue to Item No. 31, Establishment will be located? ( "X' one and complete the form, and complete the form. Building Owner's Full Name is: 19 /�P>✓ 1 ���- ✓� f Building Owner's Street Address: City, Town, or Village: I ei tyU I j Zip Cade: � TTq FYC Business Telephone Number of Building Owner. 3 y � --- rxar_xns,P., ten nON FOR THE ESTf STATE OF NEW YORK swd.,dned ORIGINAL APPLICATION NOTICE FORM f,,P,,,lidi,,g. 30-Dav Advance Notice ioa Local Municivalitv or Community Board EXECUTIVE DEPARTMENT ill con1jeclion svilh the to . the slate Ligiiar.4whofiry ofthe - W-0 T DIVISION OF ALCOHOLIC BEVERAGE CONTROL Antilicant's Oripinal (Firs_ t) On-Premises Alcoholic Beverage License Application STATE LIQUOR AUTHORITY for the Establishment Identified in this Notice (Pans 2 of 2) TWORDER TO MAKE, SURE THAT PAGES I AND 2 OF YOUR NOTICE 09 NOT SEPARATED OR MISPLACED PI;FASRRr_-- ENTER IMMRDLATELY BELOW THE INFORMATION REGARDING YOUR APPLICATION SERIALNUMBER, NAME, AND TRADE NAME_ YOUR COURTESIES ARE APPRECIATED Application Serial Number The Amilicant's Pull Name, as it wffi appear in the applies 11 16. for e the On-Premises Alcohol ' Beverag Licens i s 17. The Full Name of the Applicant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: -. 777777 - 1NE` *X& :RWAkDING ANY B.130INZSS LICENSED TO SVILTI ALCOHOLIC BMMRAGZS THAT ISCIURMNTLY BEING 01-ZRATED IN T*M SPACE WHEIZE.TRE APPLICANT INTENDS TO OPFRATE ITS PROPOSED LICENSED ESTABLISHMENT d d i b lIF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conduct YeS V in the space where you intend to operate your licensed establishment? No I Don Kriww ❑ Are you buying any asset(s) owned by the operator of the licensed business currently being conducted 32. in the space where you intend to operate your licensed establishment? Ye N ❑ (For example: good will, equipment, furniture, cookware, dishware, et I c.) I or -3 :SUR_jTrM GO DIREqTLY:T0 I TE - 'YES'TO - ITI�M 3 9 NO. 33 and 3 38 39. � 0 !T) MS 31 tnd:32,.PLEASR 'PROVIDE THE INFORMATION REQUESTED 13Y.ITEMS NO, 33-and 34, JWA D LICENSED TO BELL, ALCOHOLIC BEVERAGES I§.. N T CURRI�IqTLY BEING ()PERATF IN THE SPACE WHft`9-TJ4E APPLIOANT INTEND$ TO OPERATE HIS/ KER/iT.S. PROPOSED LICENSED F-STAAMPIAIiP-hT, - ANY HA S OST RECE _-Djjl6INZS8 JACErtSED TO BELL ALCOHOLIC 0SVERAOUS T T WA M NTLY OPERATED IN THE SPACE 33. IF YOU KNOW - Was a business that was licensed to sell alcoholic beverages previously conducted in the space where you intend to operate your licensed establishment? Yes ❑ No ❑ I IDon't Know El Are you buying any asset(s) owned by the operator of the licensed business that was most recently conducted in e space where you intend to operate your licensed establishment? (For example: good will, equipment, furniture, cookware, dishware, etc.) Yes 1-1 No El the IF YC?U AIvSWE12El} YES , ?.'ro ITEM 140. 31 m:32 or 33 or 34, TFIEN PLEASE ANSWU ITEM g No. 35 and 36 and 37 and 38 anal 39. � ) kdm, THE OPERATOR op:Tifs ixCZIi9ED BUSI NUSS C NTZND$ TO OPERATE HIS/YiFRPTS LOCI IF YOU KNOW - The Full Name of the Operator of the licensed business 35. now being conducted or that was most recently conducted) in the space where you intend to operate your licensed establishment: W0170".( I Don't Know tJ IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) 36. I now being operated (or that was most recently operatedl ❑ in the space where you intend to operate your licensed establishment: 1t>0 I [ Don't Know IF YOU KNOW - The alcoholic beverage license serial number of the business 37. I now being conducted (or that was most recently conducted) �21 2 1 Don't K now ❑ in the space where you intend to operate your licensed establishment: IF YOU KNOW - The Type of Alcoholic Beverage License hod by 38. the current (or most recent) licensed operator: I Don't Know El IF YOU KNOW - Telephone Number of the current licensed operator ❑ or the most recent licensed operator: J Dont Know If the Ortgti3ai °AlIpl3cation a appx d, am the n hold Persowho will the license or I am a Prificipal of _the Legal Entity that will hold. the. License. preseiri . tatiobs in th . i . a felm we in full conformity - with representations ma:de documents that have:been submitted J 40, rits will be submitted) to the Sta te Liquor Authority, and relied .upon by the Authority, ati it ils in any docurrient L uxiderstan that mpreserif� orrs made in form. will be also relied i1pon by the Authority, and that false represent ti o submitted to the Authority may result in revocation of any license . that may issued. Br tinder Penalty :or Porj �-Oja MIS my signature, I fiff"uju U ry. tthe ropresentati made in this foryn true. Primed N i�O�IJ9 A X 00035 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- Police- Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services - X Management Information Systems Richelle Edwards Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. r= i L) October 19, 2010 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL: DATE: October 8, 2010 FROM: DEPARTMENT: Management Information System SUBJECT: [:Leave of Absence without pay [:from permanent positions G PRIOR COUNCIL REFERENCE.: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Please be advised that Richele Edwards, an employee of Management Information Systems, is being granted a leave of absence — October 25,201 0-until she fulfills her probationary status in the Board of Education. SIGNATURE -- DEPARTMENT HEAD TITLE: Raj Mehta Director of MIS 1� 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 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 Horne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. October 19, 2010 ri #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE October 13, 2010 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMTNISTRATWE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on October 13, 2010, 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 MANAGER SIGNATURE OF DEPARTMENT HEAD lv�Jl� �9d 0 0 0 d 0 1�J No. Notices of Appointments - Seasonal /Flat 1 transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. October 19, 2010 \ b' Certificate i t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 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: 10/6 110 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert ono) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) PLAT jEnter Starting Salary} : Starting Salary of: $11.97 LAST JOB TITLE NIA LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX - 0030 DATE LAST 4 DIGITS OF SSN. XXX -XX- - NAME Robert F. Williams ADDRESS 154 Royal Avenue CITY & ZIP Buffalo 14207 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 2009 - 090 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Steprtiak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 09/23/2010 m ✓ �°� SIGNATURE OF APPOINTING AUTHORITY: s ORIGINAL + 3 COPIES TO: CIT CLERK ION/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET 48- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) In compliance Willi provisions of Section 24 -2 of the Charter and Chapter 35 -1 of tite 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 Hunran Resources /Civil Service for the Appointment Effective: 1014110 in the Department of Public Works Division of Engineering to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.67 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN, XXX -)(X-77$9 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME Steven Tirone ADDRESS 355 St. Lawrence Ave. CITY & ZIP Buffalo, NY 14216 NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE. ON CIVIL SERVICE BUDGET ORG. CODE 13113001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. `1/206 )+)ROJ. ID PERSONNEL REQ, NO 2009 -035 SALARY RANGE OF POSITION $11.97 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: A } Commissioner DATE: t ` 9123/10//I)(/ SIGNATURE OF APPOINTING AUTHORITY: wl _ ORIGINAL + 3 COPIES TO: CITY CLERIC (ON /BEFORE APPOINTMENT DATE; OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE, #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I €ransinit this certification of appointrnent(s) or proinotion(s). I further certify that the person(s) nanred in Schedule "A" have been certified or approved by the Hurnan Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets : to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.87 hr. LAST JOB TITLE NAME Andrew McCabe LAST DEPARTMENT DATE ADDRESS 29 Mayer Avenue LAST SALARY CITY &ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX-XX -7131 LAST .JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG_ CODE 16030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 6410 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 8119110 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S„) 0 4_. Ira 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. October 19, 2010 #3 (Rev 1 -02) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo. I transEnit this certification of appointment(s) or promo tion(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: October 4, 2010 in the Department of Audit and Control Division of Audit to the Position of Junior Accountant Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) tEnter Starting Salary) : Starting Salary of. $34,569 TEMPORART LAST JOEL TITLE NAME Elizabeth S. Krause LAST DEPARTMENT DATE ADDRESS 87 Delaan Court LAST SALARY CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX - XX - 51 01 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10442001 TITLE CODE NO 0500 BUDGET ACCT. OBJ. 411009 PROD. ID PERSONNEL REQ. NO 5106 SALARY RANGE OF POSITION $34,569 - $38,517 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Andrew A. SanEilippo TITLE OF APPOINTING. AUTHORITY: Cowl troller DATE: /!� ;Z EA // PPOINTMENT SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK ( NIBEF DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 99- DIVISION #10- EMPLOYEE(S) 44 (Rev 7-07) 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 prornotion(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 Appointment Effective: October 4, 2010 in the Department of Law Division of to the Position of :Assistant Corporation Counsel I (Muni) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENTPERMANENT Open - Competitive, Promotional, Non- Competitive, (insert one) NON- COMPETITIVEOPEN «COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Sataty) : Starting Salary of $ 52,121.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- (` NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION $52,121.00 to $61,372.00 REASON FOR APPT. ABOVE THE MINIMUM: Edward Allen Betz 268 Ashland Avenue, Apt. 2 Buffalo, New York 14222 TITLE CODE NO PERSONNEL REQ. NO 2010-38 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: David Rodriguez TITLE OF APPOINTING. AUTHORITY: Acting Corporation Counsel DATE: October 4, 2 1.Q-=- SIGNATURE OF APPOINTING AUTHORITY: ' ORIGINAL * 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE? OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYERS) #3 (R�t I -02) Certificate t 1 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 appointnient(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 Buildings to the Position of Architect Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $51,396 LAST JOB TITLE NAME Joseph Falnara Jr. LAST DEPARTMENT DATE ADDRESS 10512 Bullrush Terrace LAST SALARY CITY & ZIP Bradenton, FL 34202 LAST 4 DIGITS OF SSN. XXX-) X -0600 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- 9: 1111. K�:L__s�[►j�.l #►Z�rl di�rl�iti �►7�[�1�11111 BUDGET ORG. CODE 13295001 TITLE CODE NO 4189 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2010 -32 SALARY RANGE OF POSITION $51,396 - $69,811 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9/29110 SIGNATURE OF APPOINTING AUTHORITY: `y ORIGINAL + 3 COPIES TO: C1K (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLEF #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS October 19, 2010 J 000 L IL Memorandum 49P i To: From: Program Packaging and Development Services (PPDS) Provider Date: October 5, 2010 Regarding: Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 4, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated September 13, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 41— August 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 26 — August 2010 5. Phase III Application and Certificate for Payment No. 42 — September 2010 6. Phase IV Application and Certificate for Payment No, 27 —September 2010 7. Phase V Application and Certificate for Payment No. 10 September 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project — August 2010 10. Beylar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase IV Project August 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV— August 2010 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION C I I 0003 August 2010 coo )_ Dear Emergency Official or Public Official: BRIDGE On Monday, July 26, a 30 -inch pipeline belonging to Enbridge Energy Partners, L.P. ruptured in Marshall, Michigan, releasing an estimated 819,000 gallons of crude oil into Talmadge Creek, a waterway that feeds the Kalamazoo River, and affected up to 25 miles of the Kalamazoo River. Public safety is of the highest importance to Enbridge. We understand there are indications that area residents smelled an oil -like odor on Sunday, July 25, and called 911. However, Enbridge was not notified of a possible pipeline leak until Monday morning. if you suspect a lgak on an Enbridye pipeline, please contact us immediately at ($00) 85$ -5253 se we can take immediate action. We are writing today to provide information about our plans to restart the pipeline, Line 6b, in compliance with the conditions set forth by the of the Office of Pipeline Safety (OPS), a department of the U.S. Department of Transportation. Line 6b, a 30-inch diameter pipeline transporting crude oil from Griffith, Ind. to Sarnia, Ontario, is part of Enbridge's Lakehead System, and supplies crude oil to refineries in Michigan, Ohio and eastern Canada and, through interconnections, to refineries in Pennsylvania. One pipeline in the Lakehead System transports batches of natural gas liquids through Michigan's Upper Peninsula and across the international board at Port Huron. The pipeline repair was completed in accordance with government requirements; we continue to work under OPS's oversight as we prepare to bring the pipeline back into service. Activities required by the regulator to assure a safe restart of Line 6b included excavation of the pipeline at locations of similar characteristics as the leak site and a pressure test utilizing water along a 13 -mile segment east of Marshall. Results of these regulatory requirements were carefully analyzed before Enbridge and the OPS determined that the pipeline could be safely placed back into service. Pending a full investigation of this incident, Line 6b will operate at reduced operating pressures. Enbridge takes its responsibility for pipeline safety seriously, and we have an emergency response plan in place to work promptly and effectively with local emergency responders. In the event of an abnormal condition, reports or signs of a leak, Enbridge will respond swiftly to protect the safety of the public; conduct a prompt, safe and thorough repair in close cooperation with regulatory authorities; and mitigate environmental and property impacts. Protecting people and the environment Enbridge is committed to protecting the public and the environment; we take many preventive measures to promote safe, reliable operations of our pipelines and related facilities, including: * High - quality pipeline materials and anti- corrosion coatings ® Cathodic protection (a low -level electrical charge) to inhibit corrosion of underground pipelines * Pressure testing of new and existing pipelines ® Sophisticated inspection tools called "smart pigs" to evaluate the condition of the pipeline on a periodic basis ® Preventive maintenance programs * Around -the -clock surveillance of major transmission pipeline operations * frequent aerial and periodic ground surveys of the right -of -way T ` �� t Recognizing and responding to a suspected leak If a leak were to occur, you might see, hear or smell one or more of the following: • Pool of liquid on the ground • Discolored snow or vegetation • oily sheen on water surfaces • A roaring, blowing or hissing sound • An unusual petroleum, skunk or rotten egg odor Should a aloellne ernergerrc'v occur, contact ,Enbridae immedlately at R 85'8- .5253 so we Cara take lrrrmediate action. Unprotected personnel should be cleared from the area. Only approach leak sites from upwind. I]o not enter a confined space without full bunker gear, including an approved self-contained breathing apparatus. Cool fire - exposed containers with water to prevent vapor pressure buildup and rupture. Sulfur oxides and hydrogen sulfide may be released upon combustion. In the event of a pipeline emergency involving natural gas liquids, evacuate all unnecessary personnel and use an approved self- contained breathing apparatus. Keep surrounding surfaces coal with a water fog or spray. • if responding to the report of a suspected leak, approach the area from upwind if possible. • keep tragic away and secure the area. • From a safe urea, call the toll free Fnbridge emergency number. • Avoid contact with pipeline contents and associated vapors. Crude oil is highly flammable and gives off vapors that are heavier than air; these vapors can travel to a source of ignition and cause flash fires. Crude oil may contain variable amounts of several elements, including hydrocarbons, benzene, nitrogen compounds, sulfur compounds and oxygenated compounds. Pipeline markers The general location of an Enbridge pipeline in your community can be determined by identifying the pipeline markers. Please note that markers you will see along our right- of-way will display the following information, which includes a toll -free number to be used In the event pf a pi ea iine e me r�en cy Warning Petroleum Pipeline nbridge Call Tall Free 1 -800- 558 -5253 Thank you for taking a few moments to review this important information. Should you have any questions about our pipelines, pipeline rights -of -way or other operations in your community, please visit us online at enbridgeUS.com or contact us by email at USpublicawareness @enbridge.com. Sincerely, Tom Fridel Mark Willoughby a General Manager, Chicago Region General Manager, Superior Region --_j RECEIVED AND FIL �: r 4 0 C4 _: -_ JOSEPH GOLOMBEK, JR. NORTH DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, 15032 City Hall BUFFALO, NY 14202 -3318 PHONE: (715) 851 -5116 October 7, 2010 Gerald ChwaIinski City Clerk Rm. 1308 City Hall Buffalo, NY 14202 Dear Gerald, t Common Coun City of Buffalo LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL f?" CO MM I TTEES COMMUNITY DEVELOPMENT A LEGISLATION MBEC WATERFRONT j� I ask that you please file the enclosed Buffalo News article, "Lawmakers try to solve big screen mystery" for the Common Council meeting slated to be held on October 19, 2010. I thank you for your time and attention to this matter. Sincerely, Joseph Golombek Jr. North District Council Member Enclosure (1) 9JGItj v REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE PRESERVATION BOARD s - Lawmakers try to solve big screen mystery a City & Region e The Buffalo News Page 1 of 3 Lawmakers try to solve big screen mystery Call it the big screen skirmish. When a giant video projection screen appeared on the wall of Buffalo's Common Council Chambers, replacing the city flag, some lawmakers were baffled. They complained that no one had informed them that a w- by- 24400t muslin screen was to be erected and used to project meeting agendas on the wall during public sessions. " X feel like I'm at a football game," Niagara Council Member David A. Rivera grumbled. Some questioned how much money the city spent purchasing the screen, a jumbo projector and other audiovisual equipment. When a local preservationist showed up for a meeting on an unrelated issue, he didn't hide his disdain for the alteration in one of the region's most recognized and visited architectural landmarks. "Something like this does detract from the chamber," said Timothy A. Tielman, executive director of the Campaign for Greater Buffalo History, Architecture and Culture. "This is one of Buffalo's most remarkable public spaces." http:ll www. buffalonews .com/city /article208942.ece 10/7/2010 Last update: October„ 20 io, 6:59 AM 'A 67° ForecastRadar 1 Awmakers try to solve big screen mystery - City & Region - The Buffalo News Page 2 of 3 Buffalo's Preservation Board was asked to look into the matter and determine � -Vi'``n whether the Council has the right to radically alter the look of a chamber that is in a designated landmark. But only moments after the meeting where critics challenged the screen's conspicuous presence ended, it disappeared. For two days, no one seemed to know where it went or who took it down. Staffers couldn't find it in any storage areas near Council Chambers, while others pretended that the'screen was a figment of people's imaginations. "Have they found it yet ?" some city employees asked with smiles. "What screen? There was a screen ?" joked South Council Member Michael P. Kearns, alluding to some people's wishes that the issue had never popped up. The mystery was cracked later in the week. The screen was found folded up in an office one floor above Chambers. Meanwhile, lawmakers asked Council Chief of Staff James Pajak to explain who authorized the purchase and installation of the audiovisual equipment. Pajak declined to comment until he could review the issue. North Council Member Joseph Golombek Jr. is questioning the Council's decision to spend money for audiovisual equipment when the city's Telecommunications Office has made large investments in such apparatus. Golombek's office said its review of invoices found that the Council has spent more than $30,000 on everything from video projectors and digital cameras to sound recording equipment. He asked the Council's Finance Committee to look into the spending. The purchases were made from money set aside in the City Clerk's office, but some lawmakers said they don't know how the spending was authorized. As for the controversial screen, no one is sure what its future will hold. Some Council members said they understand the good intentions of trying to. make sure that people who attend meetings can easily follow agendas. But Rivera said it makes more sense to return to the previous practice of simply handing paper agendas to people as they arrive. http: l/ www. buffalonews .com/city /artiole208942.ece 10/7/2010 Lawmakers try to solve big screen mystery - City & Region - The Buffalo News Page 3 of 3 Copyright 1999 A 2oio r The Buffalo News copyright - protected material. http:// www. buffalonews .com/city /article208942.ece 10 /7 /2010 DATE: October 13, 2010 TO: Council Member Kearns FROM: Julia Paul /Council Staff SUBJECT: Invitation to Finance Committee meeting The Buffalo Museum of Science Executive Director Mark Mortenson, would like to discuss current and future events at the next Finance Committee meeting. I spoke with Mr. Mortenson this morning and he has confirmed his attendance at the Tuesday, October 26, 2010 Finance meeting. REFERRED TO THE COMMITTEE N FINANCE. 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3315 Phone: (716) 851 -5105 Fax: (716) 851 -4234 ChiefgfStnff 1 \ \\ .ladies S. Pajak Common Council Senior Legislntine Assistant IV Kevin 1l. Lind" Senior Legislafire Assistaws Mark J. Jaskula !L iMim I3. Licala h lia A. Paul Melissa saacllez Richard Wall City of Buffalo, NY Legislative A We lames ?ti..lackson DATE: October 13, 2010 TO: Council Member Kearns FROM: Julia Paul /Council Staff SUBJECT: Invitation to Finance Committee meeting The Buffalo Museum of Science Executive Director Mark Mortenson, would like to discuss current and future events at the next Finance Committee meeting. I spoke with Mr. Mortenson this morning and he has confirmed his attendance at the Tuesday, October 26, 2010 Finance meeting. REFERRED TO THE COMMITTEE N FINANCE. 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3315 Phone: (716) 851 -5105 Fax: (716) 851 -4234 X00 4` The Tsuffato Common caal MICHAEL L V. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 # FAX: (716) 851 -4294 F -mail: MkearnSO Jty-bUffalO.COnI TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: October 14, 2010 RE: Item to be filed CHAIRMAN FINANCE: TRANSPORTATION WATERFRONT DEVELOMIENT COMMITTEE BUDGET BURA CIVIL SERVICE CLAIMS tEGISLATIVE ASSISTANTS MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to file the attached article for the upcoming Common Council meeting to be held on October 19, 2010. Thank you. REFERRED TO THE COMMIT-fEE 'For the People' ' k) by GEORGE J. MARL l� Newly released cetusus ftg- ures reveal that IQew 'York is the home of the third- poorest city in the nation, Buffalo, and the poorest congressional dis- trict, Rep. Jose Serrano's 16th, located in the South Bronx. - BuMdo, once America's "City of Lights" due to the electric power generated by the mighty Niagara Falls, is now a city of darkness and despair. Its population, which stood at 532,000 in 1960, is today 270,000, a 49% decline. Twenty - nine percent of the population is below the poverty line; the medi- an family i ucome is $30,000 --- sig- nfficautly lower than the stational average of $55,000. The crime rate is the worst in the state with 137 violent crimes and 572 property trines per 10,000 people. Buffalo also has the highest fore- closure rates on single family hous- ing in the state, with more than 25;t100 vacant homes. Fluxing the 21st centurys residential real estate boom, when New York City and Long Island values were up more than 45% and the state housing mean was plus 1246, Buffalo prop- erty values decreased more than 11%, While the median home value in the state is SM.O 0, in Buffalo it's about $ 0,000. Since the bubble burst, commercial real estate has been offabout 3046 Buffalo is tied with New Orleans as the worst run cities in the na- tion. In 2003, the State imposed on Buffalo a Fiscal Stability Authority Board that oversees its fiscal man- agement. City finances are so bad that in 2007 mayor Anthony Mas'sel• to tbrety in the towel and called for the dissolution of the city. At the other end of the state is the 20- square -mile South Bronx, whose econatiuc and social de- scent began In the 1950s. The major catalyst was master builder Robert Moses' construction of the Cross Broax Expressway, between 1953 and 1961, that crossed 113 streets and avenues and destroyed scores of neighhorheods. Because 40,000 middle -class households driven out by construction never returned, the area waned. In the 1970x, drugs and crime became rampant and, thanks to the disincentives of rent control, hundreds of apartment buildings were abandoned and torched. Vanishing unskilled and blue -col- lar manufacturing jobs caused a rise in welfare dependency, w h i ch, in turn, created an underclass, political analyst Michael Barone observed, , A vicious cycle emerged: Crime drove away jobs, whichdrove away fathers, which produced more crime:' J'muny Carter brought to the na- tiotis attention the plight of the South Bronx in 1977 when he stood on a pile of rubble on Charlotte Street and compared the bulldozed area to Merlin, 1945. In 1979, Pape John Paul Il visited the same burnt. out neighborhood and in Spanish told the faithful: "I came here be- cause] know the difficult conditions o €your existence.I know the sorrow that takes place in your lives. Despite all the attention and bil- lions in expended urban develop- ment dollars, 30 years later the South Bronx is still the poorest corn - muaity in the nation. Forty percent of the district's 256,000 people live below the poverty line; the median income is , -•-- 61% below the national average. Why such poverty ?Why such eco- nomic despair? Why is New York, with such prosperity and promise elsewhere, home to two of the worst communities in the nation? The fault rests at the feet of gov- ernment that has overspent, over- taxed and over - regulated and so- cial engineers who have imposed ill conceived, ideological- driven urban plans. Throughout most ofthe 20th cen- tury, Buffalo was a bustling port and manufacturing city. But in the 196os, a long steady decline begatt instead of investing to rehabilitate aging plants, manufacturing moved to states that were lighter on taxes and regulations.In the 197os, Buffalo lost 88 factories and more than 70,000 manufacturing jobs. Between 1980 and 1992, the city lost 3046 of its risanufactu ngjohs. Since that time, that job sector has declined an ad- ditional 4946. During the last 16 years, career opportunities in Buffalo and other upstate cities have declined as lo- cal taxes have soared to finance unfunded state mandates. "Upstate is absolutely sinking under these mandates," declared the CEO of the Rochester Business Alliance. "We've got to see some changes be- cause we're dying here." Job losses and onerous tax bur dens were Ore primary cause for the mass exodus of people form Buffalo to greener employment pastures in the south and southwest Today Buffalo is a ward of New York tax- payers, with federal, state and local governments and their stepchild, the health care industry, as the ciLys top employers. The South Bronx is a pa di of urban blight because of €sited social policies that have depressed the area's dynamism and energy. Also, the culture of a single political party breeds a system that cannot deliver efficient services or great public works and that is driven by self-preservation and is immune to political competition. (Through- out the Great Recession, the only growth in The Bronx wars in its gal- lery of political rogues.) In addition, most government leaders cling to the mistaken belief that it is impossible for free market forces to operate in the interest of the common good. For instance, earlier this year, Bronx Borough President Ruben Diaz Jr. killed a re- tail mall project at the Kingsbridge Amory that was expected to em- ploy 2,200 people, because the de- veloper would not guarantee pay benefits 60% above the minimum wage. Diaz made the ridiculous declaration that no jobs were bet- ter than low paying jobs, His unison backers applauded; thousands went %vithout work. The mind -set that puts ideology ahead ofpeople, which will never say no to a new tax, explains why Bof falo and the South Bronx epitomize America's urban crisis. Sadly, these two municipal deserts are the monu- ments to So years ofllberalisrn. Aff 7" censers;; turn the: page N Site Name: Anaconda Company /American Brass October 7, 2010 Site No. 915007 Tax Map Nos. 77.59- 6 -1.1; 77.59 -6 -2; 77.74 -4 -1; 77.74 -4 -2; 77.66 -2 -4; and 77.74 -4 -24 Site Location: Military Road and Sayre Street, Buffalo, NY, 14207 V. Inactive Hazardous Waste Disposal Site Delist Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and/or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry"). The Department has determined that this site see man on reverse side) no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s): Previous investigations documented elevated levels of PCBs, cadmium, lead, and arsenic in soil at various locations around the plant complex. In 1999, remedial actions were performed (Areas A, C, D, and M) that included covering impacted areas with asphalt and improving security measures to minimize human exposure. In addition, soils contaminated with PCBs were removed and disposed at an off -site location. Further reirnediation of the site as part of the Voluntary Clean -tip Program ( #V00314) agreement occurred in 2004. This included covering and fencing the arsenic contaminated soil found in Area J. In addition, institutional controls and deed restrictions were filed. Since the remedial actions taken at the site, along with implementation of a Site Management Plan, have removed the threat to public health and the environment, it is appropriate to delist this site from the Registry at this time. Public comments are being received before the decision to remove this site fi•om the Registry is finalized. The public comment period will end November 19, 2010. If you would like to provide us with written comments, please send them to: Eugene Melnyk, Project Manager, Division of Environmental Remediation, NYS Department of Environmental Conservation, Region 9 Headquarters, 270 Michigan Avenue, Buffalo, NY 14203. A summary of any comments will be assembled and made available for viewing at our Regional Office, 270 Michigan Avenue, Buffalo, NY 14203. If we do not receive any new or additional information during this public comment period that changes our delist proposal, we will delist the site on or after December 6, 2010. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. if you no longer wish to be on the contact list for this site or otherwise need to co rrect our records, please contact the Department's Project Manager listed below. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www.dcc,nv. c extau�ns/ derextcrnalfindex.ef €»?oaaeid -3 The Department is sending you this notice in accordance with Environmental Conservation Law Auricle 27, Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parries on the contact list for this site of this recent action. REFERRED TOM1 ON C-0fvMU#%J1TY DEVELOPMENT. Approximate Site Location Site #915007 Anaconda Company /Arnerican Brass Military R oad and Sayre Street, Buffalo, NY, 14207 Hwovnl live kr _. Twii,alny Ave - n N ore � � w v97N'`fine!'Wp. = si RO!Avo, { ` La ~ Q Ole q. �,� . = m - - -.� A •Qv - � - _ �. - �t9c8 �€ - - "... _ . IYiit���� R f il l y S _ v -ION* S' - - - Ir u y 0" Oja Lit s 8f 3F # 'k IPA ' rt (DWI 0 Goflc�a 00011131 $ 4 = x 1 K CITE' PLANNING BOARD 9031 CITY HALL BUFFALO, NEW YORK 14202 BYRON W. BROWN MAYOR September 20, 2010 Marc Romanowski Harter Secrest & Emery LLP Twelve Fountain Plaza, Suite 400 Buffalo New York 14202 —A Re: Multi - Modal Transportation Structure, 134 High Street Dear Mr. Romanowski: The City of Buffalo Planning Board, at a meeting held on Tuesday, September 14, 2010, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Site Plan Review. The Planning Board has determined that the design and site plan meets the criteria for site plan approval contained in section 511-145 and 511 -146 of the Buffalo Code. A New York State Environmental Quality Review Finding Statement has been prepared and approved by the City of Buffalo Planning Board. The City of Buffalo Planning Board voted to approve the site plan, design and elevations dated August 27, 2010, for the construction of a Multi Modal Transportation Structure on the property located at 134 High Street, Buffalo New York. The approval is conditioned with Kaleida Health continuing to communicate with the Fruitbelt neighborhood and the surrounding community west and north of the project area, enhance landscaping at Michigan Avenue and High Street, complete landscaping growing from the top of the High Street elevation and mesh being placed in the openings along High Street and Michigan Avenue. This approval is valid until September 14, 2011. This letter is not a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact me anytime at (116) 851 -5086. Sincerely 4k2 Principal Planner WPG:MG c.c. Gerald Chwalinski David Krug, Permit Office Building Code Review Planning Board File RECEIVED AND RLE oo E ZON 65 Niagara Square, 901 City Hail - Buffalo, NY 94202 -3318 Phone: (796) 859 -4942 - Fax: (796) 851-4388 CITY OF BUFFALO NEW E Wit.# fY �� Nwww wski Herter Secrest & Emery LLP Twelve Fountain Plea, Suite 400 Buffalo, NY 14202 -2293 4 E: 134 HIGH STREE APPLICATI a r. B YRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9129/90 accepted the SEAR findings statement and approved your petition for a variance to construct and use an eight -story Multi -Modal Transportation structure excessive in height requirements at premises 134 HIGH STREET. A i R ESULT OF - F AVORAB LE A B THE BO - M US] AOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861-4925 AND PAY ANY 4 TH AT ARE REQUIRE Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3129/10, the Board's approval will expire and a new applir fioo will have to be made. Very truly yours, r James a_ Lewis 111, Chairman ZONING BOARD OF APPEALS 42 r' F `f 5 �~ t To WHom IT MAY C ONCERN: I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 20 day of September, 2010, a resolution was adopted of which the following is a true copy: Present: Rev. Jaynes A. Lewis, III - Chairman Anthony Diina William Sunderlin Warren Glover Joseph Pandolf no The following resolution was introduced: WHEREAS, on August 27, 2010, Kaleida Health and 134 High Street, LLC (collectively "Applicants"), pursuant to §511 -146 et, seq. of the Charter and Code of the City of Buffalo ( "Code ") and N.Y. General City Law §81 -b, submitted a Letter of Intent ("LOP'), including Exhibits A -I, to the City of Buffalo Zoning Board of Appeals ( "ZBA "), in furtherance of the Applicants' request for an Area Variance for the proposed height of the Multi -Modal Transportation Structure ( "MMTS ") project (hereinafter referred to as "Project ") located at the north -west corner of High Street and Michigan Avenue, Buffalo, New York ( "Project Site "); and, W HEREAS, the Applicants have provided information in the LOT supporting the request for the Area Variance for the proposed height of the MMTS; and WHEREAS, a public hearing was held on the matter on September 29, 2010 at 2:00 p.m. where the Applicants presented the final design details for the Project; and WHEREAS, the ZBA has fully reviewed and discussed this matter; and WHEREAS, the ZBA has, pursuant to Code §511 -146 et. seq. and New York General City Law §81 -b, received and reviewed the Application materials for the Project and after discussing this matter, has decided to approve the requested Area Variance; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 (" SEQRA "), a governmental agency is regtdred, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts; the Project Sponsors have prepared a Draft Generic Environmental f 47817]_1 Impact Statement ( "DGEIS ") for the entire North End Development on the Buffalo Niagara Medical Campus; the City of Buffalo Planning Board ( "Planning Board ") as Lead Agency has reviewed the DGEIS and deemed it complete; pursuant to the process set forth in the DGEIS, the Applicants have prepared and submitted to the ZBA as Exhibit "I" of the aforementioned Letter of Intent, a Full Environmental Assessment Form ( "FEAF "), specifically for the MMTS to assist the ZBA in reviewing the potential impacts of this request; the DGEIS included a specific analysis of the scale and location of the proposed MMTS and the impacts it alight have on adjacent uses and ultimately, the Planning Board found that the Project would mitigate the potential negative impacts upon traffic and parking conditions in the vicinity of the Project Site; and WHEREAS, the ZBA has determined that the potential environmental impacts of the Project have been minimized to the greatest extent practicable. Now THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS, pursuant to City Code § 511 -146 el seq. and New York General City Law §81 db, as follows: 1. The Applicants are seeking an Area Variance for the height of an approximately 1,800 space Multi -Modal Transportation Structure at the northwest corder of High Street and Michigan Avenue. Section 511 -41 of the City Code limits the height of the structure to the distance from the structure to the opposite side of Michigan Avenue (which in this case is 66' to the opposite side of Michigan Avenue) and the proposed height of the MMTS is 83' ±, Thus the Applicants are seeking a height variance of 17'. 2. That the ZBA has made the following determination with respect to the Applicants' request for an Area (Height) Variance for the Project: Given the minimal variance requested (17'), the Urban nature of the Project Site and the adjacent structures, the requested Height Variance will not have an adverse impact upon adjacent properties or the character of the neighborhood; and b. That the only other means by which the Applicants can meet their goal for 1,800 spaces at the Project Site without the requested Variance would be to dramatically increase the footprint of the building or go sub -grade at a substantial cost, Increasing the footprint would also reduce the proposed greenspace, substantially increasing impervious areas and would eliminate the buffering impacts incorporated into the design of the MMTS; and c. That in an Urban setting like the Project Site, the requested 17' Height Variance is not substantial; and d. That the requested Height Variance will not have an adverse affect or impact on the physical or environmental conditions in the neighborhood or 478171_1 1; district since it will reduce the overall footprint of the building, reduce impervious areas and permit significant landscaping; and C. That while the need for the Area Variance may be self-created, the Variance will actually result in a better designed project which minimizes impacts upon adjacent properties. 3. That for the foregoing; reasons, the ZBA approves the requested Area (Height) Variance for the MMTS as approved by the City of Buffalo Planning Board of on September 14, 2010. 4. That this resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 29 "' day of September, 2010. Upon roll call vote: aye's no's [City of Buffalo Zoning Board of Appeals Certification of Votes] 478171_1 PETITIONS October 19, 2010 000::0 D. Land, Agent, Use 2616 Main - Convert Take -Out. To a Sit -Down Bar /Restaurant (Del)(Pub Hrg 10/26) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD `jt r (e GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: !0 j ( `t - 1 to be held in the Council Chamber, 13th Floor, City hall On: l ' 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 l am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed ( gent rr Owner) Print Name P60" Phone # j`� � � b Date ATTENTION: PLEASE ALSO CONTACT DILL GRILLO PRINCIPAL PLANNER„ 851tl5086 FOR PLANNING BOARD MEETING. S City of Buffalo USE Building Application 1 35 Niagara Square Buffalo, NY 14202 I (716)851 -4945 Fax (716)851 -5472 ; Report Date 1 011 21201 0 03:54 PM Submitted By FLD Page 1 ( A!P # 160009 --stages Date / Time BY Date / Time BY Processed 10/12/2010 15:53 DIGEF Tamp COO Issued C00 I Final Expires Associated Infnnnation _V/glrtatinn _ Type of Work # Plans 0 Declared valuation 0.00 Dept of Commerce # Pages 0 Calculated valuation 0.00 Priority Auto Reviews Bill Group Actual valuation 0.00 Square Footage 0.00 Name j � ian of Work BUILDING PLANSIRESTRICTED USE PERMIT 511 -55 /PUBLIC HEARING /FEE/C.C. APPROVAL. REQUIRED TO CONVERT A TAKE -OUT TO SIT-DOWN BAR/RESTARUANT IN THE TRANSIT STATION SPECIAL ZONING DISTRICT.511- 79.5A.(4) E Parent NP# Project # Project/Phase Name Phase # Size /Area Size Description Address 2616 MAIN BUFFALO NY 14214- Location Contact 1D AC1229403 Name C/O AVENUE PIZZA & SUB SH 2616 MAIN. ST INC Mailing Address ATTN: MARIETTA Organization City 2620 MAIN ST State/Province BUFFALO NY ZIP/PC 14214 -2024 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 0510612007 Contact 10 AC31922 Name C/O AVENUE PIZZA & SUB SHOP 2616 MAIN ST INC Mailing Address 2620 MAIN ST Organization City BUFFALO State /Province NY ZIP/PC 14214 -2024 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact 10 AC338532 Name CELORON DEVELOPMENT LLC Mailing Address 5505 MAIN ST Organization City BUFFALO StateiProvince NY ZIP /PC 14221 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/93/2008 To No Addresses are linked to this Application No Addresses are linked to this Application City of Buffalo USE B Application 65 Niagara Square Buffalo, NY 94202 (716)851 -4949 Fax (716)851 -5472 Report Date 10/12/2010 03:54 PM Submitted By FLD Page 2 0893600001022000 No Parcels are linked to this Application No Applicant Contacts primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER/TENANT Phone Fax Address (SEE UNDER APPLICANT) Comments OWNERITENETIAPPLICANT RADON LAND 381-1666 - = - 000000 SBU AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY OOOOOO HIM AC12792 OWNER OF PROPERTY _ Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 527930 CC APP COMMON COUNCIL APPROVAL REQ'D incomplete 527929 ELECTRICAL PLAN REVIEW REQ'D Incomplete 527926 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 527927 PLAN REV - REVIEW REQUIRED Incomplete 527928 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HIM License Valid Check Children Status Children Successful Check Open Cases 3 Case # 78676 Case # 145460 Case # 75220 3 APPLICATION FEE U 25.00 Total Unpaid 25.00 Total Paid 0.00 -��M' - SM There are no Inspections for this Repot City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 10/12/2010 03:54 PM �t 627930 CC APP 0 527929 ELECTRICAL 0 3 I 527926 FPLAN 0 i E 527927 PLAN REV 0 527928 PPLAN 0 USE Building Application Submitted By FLD Page 3 , N N N N N 10/121201015:63 10112/201015:53 10/12/201015:53 10112/2010 15 :53 "�_ - —_ Aclrvvr&>r7Jtrfs _� z 1 x - E Detail 1. PRIOR REQUIREDAPPROVAL.S Modified By DIGEF Modified Datefrime 1011212010 15:62 Comments No Comments PRIOR APPROVALS j Bflo Arts Commission City Survey (con't) Permit Office ❑ Arts Comm. Approval ❑ Subdivisions ❑Asbestos Survey E) Asbestos Abatement I € ❑ Special events ❑ Band /Certified check ❑ Assessment Combination Common Council ❑ First insurances Check City Engineering ❑ Admin Ottice /Apts R4 ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy /Marquee ROW Lease showing Use �] RodentlVermin Bait encroachment . ❑ Oversize Trucking ❑ Freestanding Sign E) SewerlWater Cut ❑ Sewer Retention ❑ Plumbers' Cuts E) Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval N Restricted Use Permit ❑Tree over 4" at 4' City Planning El Other ❑ Zoning /Use Check ❑ Citywide Site Plan ❑Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board ❑ Preservation District ❑Zoning Variance E) Urban Renewal E) S.E.Q.R.A. ❑ N.E.P.A. ❑ Contiguous Check City survey ❑ Address Permit Law Office Water Department I ❑ Development ❑Insurances Check ❑ New Water Supply ❑ Flood Plain 1 ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF ModifiedDate/Time 101121201015:52 j Comments No Comments i City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 10/12/2010 03:54 PM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ® Plumbing Code Review ® Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review 0 Fire Code Review MD OK DIGEF N Submitted By FL.D Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req`d for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC1Mech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 101121201015:53 DIGEF 10/121201015:53 USE wilding Application Page 4 There is no planning condition for this project. ❑ Work done by owner ❑ Residential ❑ Commercial ❑ Multiple Dwelling Existing Use MIXED New Use BARIREST. Dwelling Units Lost 0 Dwelling Units Added 0 Debris ❑ Zoning Board ❑ Work with out Permit (FINE) FLAT FEES ❑ Electrical ❑ Plumbing ❑ Heating City of Buffalo 65 Niagara Square l ` Buffalo, NY 14202 (716)851 -4349 Fax(716)851 -5472 ? Report Date 10/12/2010 03;54 PM a - i t There are no Items in this list - E ` l= No Employee Entries t ON No Log Entries Submitted By FLn USE Building Application Page 5 J z z 0- O � ;a "o, z rn 7 c Z 00 0 to M to F � ® s r Z a) c ;o o u r " I fl o fI • 0 c n Z rn r- Tl 'D 22 0 --4 M 0 m > Z a) 08. 8 ox Z z 0 V) 101 —0.9 NORTH PPM c to —0.9 NORTH PPM to 2A Parkside Community Association 2318 Main Street Buffalo, New 'York 14214 (716) 838 -1240 To Whom It May Concern: I`ve grown up and lived in the Parkside /Central Park region for much of my life, and I have also decided to open a business in the very community that I have grown to love. My liquor store is on Main Street (Main Fillmore Liquor), near Vernon Place, serves many in the community and I always go out of my way to help those in need. I enjoy serving the Parkside community in anyway possible. I employ individuals from within the community who show an interest in doing better for themselves, as well as an interest in reinvesting in the Parkside region by patronizing our various local stores. The Avenue Grill in my vision is an upscale restaurant which will give patrons the opportunity to enjoy there food sit and relax. Also they can enjoy sports, music, live jazz etc. The menu will be a little different than the normal Avenue Pizzeria. I am targeting towards giving you the Friday's or Applebee's Feel. I wish to expand my business opportunities within the Parkside community by opening The Avenue Grill so that our Parkside citizens have another place to patronize for various foods and drinks. The grill will be located on the same block that houses Main Fillmore Liquor, at the corner of Main and Vernon Place. I will continue to cater to local residents to present opportunities of employment. As it stands there is no business in that location and I wish to replace an abandoned business with a thriving restaurant in an attempt to beautify and service our Parkside community. I wish to assist the Parkside Community Association in anyway possible. I am attempting to become more of an asset to our community. 1 wish to work diligently hand -in -hand with the Parkside Community Association to make my vision of The Avenue Grill, on the corner of Main and Vernon Place, a reality. I look forward to working with you and I sincerely thank you for your time. Yours truly, Dadon R. Land, President Main Fillmore Liquor, LLc D. Lloyd, Owner, Use 23 Allen St for a Take Out Restaurant (Ell)(Pub Hrg 10/26) n � REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD GERALD A. DHWALINSKI City Clerk Registrar of Vital Statistics P ATRICK B ODE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 13 0 CITY HALL BUFFALO, NEW YORK 14202 PRONE: (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: C Iles to be held in the Council Chamber, 13th Floor, City Hall On: c 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 1 am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed _' _gent or Owner Print Naxne dtcm' %W � uto hone 5 Date ' 1�4 " tb ATTENTION: PLEASE ALSO CONTACT BILL GRI(LLO PRINCIPAL PLANNER, 51-5086 P FOR ,�il� PLANNING BOARD MEETING., 9 r"-t a ❑ Foreign ❑ Foreign ❑ Foreign Address 23 ALLEN BUFFALO NY 14202- 3 Location Contact ID AC346441 Name ALLEN PROPERTY LTC!. Mailing Address 256 PENNSYLVANIA ST Organization City BUFFALO StatelProvince NY ZIPIPC 14201 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 09/26/2010 To Contact ID AC61804 Name JEANNE M. POTTER 11Mailing Address P.O,BOX 484 Organization City BUFFALO StatelProvince NY ZIPIPC 14202 Country USA Day Phone Evening Phone I Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/0612007 Contact ID AC1269046 Name POTTER JEANNE M MRV INVESTMENTS LLQ Mailing Address PO BOX 484 Organization CIO FAIRMONT APARTMENTS city BUFFALO State /Province NY ZIPIPC 14209 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo Fees Successful GC Building App 65 Niagara Square Inspections Successful Buffalo, NY 14202 Reviews Successful (716)851 -4949 Fax(716)851 -5472 Conditions Successful Report Date 10/01/2010 01:44 PM Submitted By DAVID GRUNDY Page 2 �nC�rliottar�4= Invalid Licenses) HIM _ - Contact ID AC902820 Name POTTER,JEANNE M. MRV INVESTMENTS, LLC; Mailing Address P.O. BOX 484 Organization City BUFFALO StatelProvince NY ZIP /PC 14202 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/26/2001 To 05106/2007 No Applicant Contacts Check Fees Fees Successful Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Invalid Licenses) HIM License Not Found Check Children Status Children Successful Check Open Cases 3 Case # 160773 case # 168912 Case # 164233 Conditions Added: 1 MD Periodic Inspection Schedules Added: 0 APPLICATION FEE U 50.00 GC PLAN REVIEW - BUSINESS U 80.00 GC PMT, INSP, C OF 0 FEE - BUSINESS U 28.00 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 Total Unpaid 328.00 Total Paid 0.00 .City of. uffale GC Building Application 65 Niagara Square ` 1 Buffalo, NY 14202 (716)85:3 -4949 Fax(716)851 -5472 0 Report Date 10/01/2010 01:44 PM Submitted By DAVID GRUNDY Page 3 1llS 3 p aPYf f��tit�3r tglted�° Ott S�ttRdulet! t There are no Inspections for this Report ACS �tat►z iveit iediart�d .'9rtl�ttQt 526885 BCODEREV� 0 I N 101011201013:38 s 526887 CC APP 0 I N 10/01/2010 13:38 ' 526890 ELECTRICAL 0 I N 10101/201013:38 I 526888 FPLAN 0 I 3 N 1 0101/201 0 13:38 3 526886 LANDMARK 0 N 10101!201013:38 3 526889 PPLAN 0 N 101011201013:38 526891 PRES 0 N 101011201013:38 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 10/01/2090 13:38 Comments No Comments PRIOR APPROVALS Bfto Arts Commission City Survey (cony) Permit Office Asbestos Abatement i Arts Comm. Approval E) Subdivisions E) Asbestos Survey Special events (] Bond /Certified check C] Assessment Combination Common Council First Insurances Check City Engineering [I Adm €n OfficefApts R4 Public Works approval Curb Cuts E) Beauty Parlor R2 0 Notarized Permission/ for portable sign one year [] Encroachment ❑ Canopy /Marquee ROW Lease showing Use Rodent/Vermin Bait encroachment ❑ Oversize Trucking Freestanding Sign [� Sewer/Water Cut [) Sewer Retention Plumbers' Cuts ❑ Human Service Facility n Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑Simple Plan Approval Restricted Use Permit O Tree over 4" at 4' City Planning Q ether E) Zonirn /Use Check g Thruway Sign approval 0 Citywide Site Plan Preservation Board O Subdivisions Environmental Review Preservation District Q Zoning Variance E) Urban Renewal CJ S.E.Q.R.A. [ N.E.P.A. ❑ Contiguous Check City Survey i Q Address Permit Law Office Water Department Q Development ❑ Insurances Check ❑ Now Water Supply E) Flood Plain ❑ Title Held Q Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified Date/Time 10/01/2010 13:37 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4946 Fax {716}851 -5472 Report Date 10/01/2010 01:44 ECM PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two- Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ® Plumbing Code Review ® Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review Fire Code Review MID N GC Building Application, Submitted By DAVID GRUNDY Page 4 Revisions Required ❑ Revisions Required for Simple Plans Q Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mull. Dwellings ❑ Revisions Req'd. for Bldg Cade Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau GRUND 1010112010 13:38 There is no planning condition for this project. No Records for This Search Criteria 0 No, of Residential units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner D Truss Construction Q Zoning Board of Appeals ELEVATORS You musk Fitt out the custom forte an activity detail if there is ELEVATOR work to be completed. Building construction: B 700.00 Y fx f4&w W There are no Items in this list ,City o f- 3utfato 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Repor Da te 10/01 /201 0 01:44 PM <E"WOY€ No Employee Entries tag Submitted By DAVID GRUNDY GC Building Application t Sr Page 5 \j x \ o '0 t � u� � 1 u !l •t r_ e: � C i Q �r a is ff) .a 00 � # ND "�j `- s -- �.$� � M p w- .� -, � __- � � ....- ^'°...mss � \ °•� �� �A \ t-� � °`�". ... `F D� ti MAR. 7-3.1 -D,5o NORMAN A HER THE HE o ��c:Eff�sri n..rE�ioR.�t�� t i� !1D 1 R4f11(L FN 4TPit 7 l - �. 11Ur rwl.tl- H E }� 5ilRVFYS APPO4AISAL,S '_^^...._�.... L 1 C E N..... 8 T A T m 00052 Hope Gardens, Use 58 Oberlin for a HSF (Fill )(no pub harg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS ' : ;_3 City of Buffalo - -- - -- - GC Building Application 65 Niagara Square Buffalo, NY 1.4202 (716)851.4949 Fax(716)851 -5472 ' Report Date 10/07/2010 03:08 PM Submitted By DAVID GRUNDY Page 1 Address 58 OBERLIN BUFFALO NY 14211- Location _ Contact ID AC202528 Name CITY BUFFALO PERFECTING TITLE Mailing Address 65 NIAGARA SQ RM 901 Organization City BUFFALO State/Province NY ZIPIPC 14202 Country LISA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/1312006 To Contact ID ACB06854 Name LONG Mailing Address 51 CARL Organization City BUFFALO State /Province NY ZIPIPC 14215 Country USA Day Phone (716)444 -0952 x Evening Phone (716)563 -3529 x Fax Mobile # Occupant N From To Owner Y From 10/18/2001 To 05/06/2007 Contact 10 AC71414 Name INC. MADONNA OF THE STREETS Mailing Address 326 WALDEN AVE Organization City BUFFALO State /Province NY ZIPIPC 14211 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/0612007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report Date 10/07/2010 03:08 PM Submitted By DAVID GRUNDY GC Building Application Page 2_ Contact ID ACI 229780 Name NONPROFIT TRAINING INSTITUTE INC. Mailing Address PO BOX 830562 Organization city STONE MOUNTAIN State/Province GA ZIPIPC 30083-0010 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/2212006 To 0510612007 No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID 3528 Name SAVARINO COMPANIES LLG (GNC) Phone (716)332-6959 x Fax (716)332-5968 Address 26 MISSISSIPPI SUITE 200 Comments BUFFALO, NY 14203 - No Comments _. 517437 HIM AC790106 SAMUEL J. SAVARINO Check Fees Fees Failed APPLICATION FEE ($60.00) Unpaid GC PMT,INSP,C OF 0 - INITIAL FEE ($200.00) Unpaid ZONING BOARD FEE ($75.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 527597 BCODEREV BUILDING CODE REVIEW Incomplete 527598 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 527599 CURB PLACEMENT OF NEW CURB CUTS Incomplete 527602 ELECTRICAL PLAN REVIEW REQ'D Incomplete 527600 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 627603 HPLAN HVAC PLAN REVIEW REQUIRED Incomplete 527601 PPLAN -PLUMBING PLAN REVIEW REQUIRED Incomplete 527596 SEWER SEWER PLAN REVIEW REQUIRED incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful City ofBuffalo GC Building Appli ' 6� Niagara Square / � ' ev�m wv��m . � ' (71n)8*1-4o49 Fax Vnomo-5*rx v � ( Report Date iO07�V1003:O8PK0 . Submitted B� DAVID Page / � CheGk umm^ou Not Checked ' Check Children Status � Children Successful l Check Open Cases 4 � Case # 106636 Case # 130316 � Case # 141733 � i Case # 120919 / ZON — — FEE A 75. — ' APPLICATION FEE U 50.00 . "~,M..°",/.",° °".°^,== ' " 200.0" � Total Unpaid 325u0 Total Paid ouu ! / There are no Inspections for this Report | � � . 527597 000mEnev O w 10107120 14:58 | | ' 527598 CITY WIDE o w 10/07/20 14:68 � ' 627599 cuna o w 10/07/20 114i513 ! . | ouroou eLsc7moAL V m 10107/20 114!58 ' ouroou Fpuw/ o w 10/07/2010 14:58 � ouroox HpuAm u w 10/0712010 14:58 ' 527601 ppu\w o w 10/0712010 1�58 i | . 527696 nsvvsn o m 10/0712010 14:58 � Detail 1. PRIOR REQUIRED APPROVALS Modified By Gnowo momO000unmnmo 10107/20 14:43 � ovmnmnm No Comments City of B uffalo GC wilding Application 65 Niagara Square Buffalo, NY 14202 (716)651 -4949 Fax (716)851-5472 Report Date 10/0712010 03:08 PM Submitted By DAVID GRUNDY Page 4 PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con "t) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond/Certified check O Assessment Combination City Engineering Common Councli ❑ Admin OfflcelApts R4 ❑ First Insurances Check O Public Works approval Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permissioni one for portable sign year p 9 y E) Encroachment ❑ Canopy /Marquee ROW Lease showing se g ❑ Rodent/Vermin Bait encroachment - ❑ Oversize Trucking ❑ Freestanding Sign (] SewerNVater Cut ❑ Sewer Retention : ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Restricted Use Permit ❑ ZoninglUse Check ❑ Tree over 4" at 4' City Planning ❑ Other Thruway Sign approval ® Citywide Site Plan Q Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N.E,P.A. ❑ Contiguous Check ' City survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - f=amily Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ® Sewer Code Review Plumbing Code Review Electrical Code Review (� HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fire Code Review There is no planning condition for this project. Modified By GRUND Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau Modified DatelTime 10107/2010 14:43 No Records for This Search Criteria City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4948 Fax(716)851 -5472 Report [late 10/07/2010 03:08 PM Na Lag Entries Submitted By DAVID GRUNDY Page 5 July 30, 2010 Marlies Wesolowski, Exec. Dir. Lt. Col. Matt Urban Human Services Center 1081 Broadway Buffalo, NY 14212 RE: Hope Gardens Project Dear Ms. Wesolowski: This letter is to serve as formal notification that the City of Buffalo, Office of Strategic Planning, Division of Real Estate, has placed the following vacant lots on "hold' for the development of a two -story apartment building with 8 to 10 one bedroom apartments for homeless women. 58- 60- 62- 66- 6870 -76 OBERLIN 53- 57- 59- 61 -63 -65 -69-71 RUHLAND The property will be held for one year from the date of this letter for the project pending the approval of your development and financing plans. The parcels will be sold at fair market value. The Office of Strategic Planning supports and applauds your decision to invest in the future of Buffalo by building in our great City. Sincerely, Br da rMehaffy, Executive Director Office of Strategic Planning BM: JPH: jjl 901 City Hall r 65 Niagara Square e - Buffalo, New York 14202 -3309 + (716) 851 -5261 * FAX: (716) 851-5590 4Z OOL APPLIC.DUC APPLICATION ; c FOR H[Jlvt.4N SERVICES RESTRICTED USE PERMIT APPLIf ":tTION twin r tt� coz�, iN Fi'LI, Date Oct ober 0 zv 10 - Husiness Name Polish Community Center of Buffalo, Inc Business Pboite it 71 6- 893 -7222 x 214 Business Address 1081 Broadway_ Buffalo NY 14212 (No., Street) (City, Town or Village) (State) (Lip) Oberlin and Ruhland- address li4 g1t4hyd Human Service Facility Address u a o, ew orl: - -_– (No., Street) Business Standing: Private o#ity r riy e Public Entity Applicant Name Polish Community Center of Buffalo. Inc ___e Applicant Phone N 7 -893 °7222 x 214 Applicant Address_ 1081 Broadway B N 14 212 (No.. §trett) (C:iIY `tuft r t'iltage) (Statt) (Zip) Applicant's Business Posit !on: C)vrncr i'artnt:r___ -- C.'at•porn #e oi'Brer Clt #ter Have site control- buying land from city Business Operational Information Type of Facility: Food Pantry" soup Kitchen Walk-in Center Drop -ln Center, Counseling Center Detention Center 'temporary or Short - Term Shelter Transient Ifuusing Substance Abuse Communi or Residential Treatment Facllity Prn�.x Hrosvn %[w <3um�a5y lmnn'.ess x+rrmn Residential Treatment Facility (Cormetional Purposes) Other Detailed description of the Proposed use Hope G a r dens is a proposed apartment building for chronically homeless women with no dependents. This two story, 9 unit apartment building will have a central fully enclosed courtyard and common spaces on the first floor for programming. The 1st floor will have laundry room, art studio, community living room, computer lab /library and a conference room and a small private office (for counseling clients). Page I of 2 Business Operation Information Facility nays/ of Operation i s open and staffed 24 hours a day.. p Number tit individuals Serviced (weekly O_ Number of i eAdents to be Housed (ltapplirabt< ) v -- Artivitiesjl'r�rgra�ns at Facility (description) Therapeutic Interactive Programming: s Art Therapy Poetry Classes - Women's Kitchen - Yoga® Music /Aroma Therapy Trauma Counseling - Financial Support Budgeting and Money Management - Independent Living Skills Training -Job Training /Volunteering -Medical Care eSupervision and Monitoring Degree of Supervision at Facility 24/ 7 supervision. Staff ratio is 1 -9. This will be low demand housing Dem onstration Of decd ;t4'hy $et are ncedcdf41'hy this l.urlitian and gEe, } Based on homeless research p l3 � y _ Elliot Liebow women, particularly chronically homeless w omen, do poorly living in an environment with tight institutional controls. Instead a home -like setting where they have their own personal space is vital to the success of the program. Best practices models will continue around program design. This building is needed in this location due to the fact that many of the women are currently residing in this neighborhood/ squatting and the services they need are in this neighborhood (near St Luke, Matt Urban Center, HOPE Center etc). In Buffalo, on any given night, there is an estimated 2.100 homeless individuals or famailies who are homeless. It is estimates that women represent about 48% of the homeless and many of these women reside in vacant structures in our proposed neighborhood and this opens them up to being victims of physical or sexual violence. This building is needed to provide these women with a therapeutic living environment so they can recover from the trauma they have been subjected to. Other Pertinent Information Applicant Signature Subscribed and Sworn to before me M113 �-�_ day f,_i�C t;'om�r+issirrnar of heeds lit uui/ jor P e Ct) of Buffalo, New York RONALD W. PARYLO Notary Public, State of New York Qualified in Erie G unl Page 2or2 My Commission Expires ` Intended Use: To build an apartment building for homeless women City Parcels for which we have site control: 58, 60, 62, 66, 68, 70, 76 Oberlin 53, 57, 59, 61, 63, 65, 69, 71 Ruhland S ummary: In the United Mates the homeless population is on any given night to be 744,313 (HUD) and in Buffalo on any given night there is an estimated 2,100 homeless individuals or families who are homeless. It is estimated that the chronically homeless represents 18% of the homeless and women represent about 48% of the homeless. Based on these numbers and percentages, chronically homeless women account for approximately 180 homeless in Buffalo. Based on a 10 year research project performed by Elliott Liebow which was turned into a book "Tell Them Who I am: the Lives of Homeless Women", chronically homeless women have unique needs different from chronically homeless men. While men may do well in a dormitory setting, women do very poorly in this setting, and do not respond well to institutional controls. In fact, a study by Novac, Brown and Gallant report that there is a direct relationship between homeless women and the physical and sexual abuse that homeless women have experienced in their lives. Our Vision Liebow's study reveals that women, particularly chronically homeless women, do poorly living in an environment with tight institutional controls. Instead a home -like setting where they have their own personal space is vital to the success of a program. While Liebow's study focused on shelters, we may glean philosophical aspects when designing the program for this permanent supportive housing program. Our research on best practice models will continue around program design, however we have an ideal vision of how we would like to see the structure of the building. The building would be a two -story structure built around a central therapeutic courtyard. First Floor The first floor will house offices, a kitchen/ dining room large enough for 20 individuals, a laundry room, art studio, community living room, computer lab /library and a conference room and a small private office (for counseling clients). Second Floor The second floor will have 9 one bedroom apartments with two being handicap accessible. There should be at least one staircase, and one elevator. Each apartment will have a small bedroom, living room, kitchen and bathroom. U Our Plan: The Matt Urban Center is working with Laurie Hauer- LaDuca, architect, and Janet Meiselman, of Oxford Consulting, to submit a grant application to Homeless Housing; Assistance Program (HHAP) to build an apartment building for homeless women in East buffalo. HHAP provides capital grants and loans to not -for- profit corporations, charitable and religious organizations, municipalities and public corporations to acquire, construct or rehabilitate housing for persons who are homeless and are unable to secure adequate housing without special assistance. Projects eligible for HHAP funding may serve families, single persons, youth, the elderly, as well as a range of special needs groups such as the homeless mentally disabled, victims of domestic violence, veterans and persons with AIDS. HHAP, together with all the programs administered by the Bureau of Housing Services within OTDA, is designed to move families and individuals from homelessness and poverty toward the greatest level self - reliance and econoznzc independence they are capable of achieving. The application to HHAP is in process and will be submitted October 2010. _ �' :�, . �' • �:-., �. ��,� �. .s � � s Appt Exec Dir of Strat Plan( Exempt)(Boulware- Wright)(Strat Plan) Ccp# 9, 1 015 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT - DOW Recommended by the Committee on Civil Service 000 7 Appts Computer Programmer(3` Step)(Prov)(Sanl?ilipo, Barker) (ccp# 12, 10 /05) Mrs Russell moved That Communication of 12 of October S, 2010, be received and Filed and that the Provisional appointments of Janet SanFilipo, 215 Saranac Ave, Buffalo, NY 14216 at the 3` Step of $48,912.00 and Kathryn Barker, 246 Prospect Avenge, Buffalo, NY 14201 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service ' `�� * A)M * NO * FONU yk FRAN OLO E °l HAYNES KEARNS da LO.. .... w, l O $t 63SSELL sNffm J l.41 aj ® 2/3 6 314- 7 '� 000 5 Appt Superintendent Pkg Meters & E1ifoi - c(Prov)(Max)(Barone)(Pkg) (ccp## 35, 10105) Mrs Russell moved That Communication of 35 of October 5, 2010, be received and Filed and that the Provisional appointment of Carm M. Barone, 127 Crestwood Ave, Buffalo, NY 14216 at the Maximum Salary of $48,659.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended b y the Committee on Civil Service f i f3 10 0 AY NO 9'd FIIALN ZOL E LOC T 7�C SAC 314- 7 � ���. . -, � =. �� , 0Cg0 Renew Lease — Buffalo Society of Natural Sciences — 1020 Humboldt Parkway (Item No. 3, C.C,P., Oct. 5, 2010) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City of Buffalo and the Buffalo Society of Natural Sciences, for use of city -owned property located at 1020 Humboldt Parkway (a/kla 175 North Parade), for an additional five year period commencing retroactively on May 2, 2010 and expiring on April 30, 2015, under the same terms and conditions as the expired lease including but not limited to the conditions as fisted in the above communication. That the Acting Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Passed. Recommended by the Committee on Finance -- Chairman TAB.rmv T:lvrp6O\nmordVinvl3ci Q- 5c.doc i �. ra'F AI NO Y FA FRAN GOLONMEK HAYNES $r de RUSSELL f3 - 6 314- 7 '� 0005 L. Goldberg — Request to Purchase Computer (Item No. 43, C.C.P., Oct. 5, 2010) That the Directors of Management Information Systems and Purchase, be, and they hereby are authorized to accept $30.00 from Larry Goldberg for purchase of a computer City ID #4881, Serial #BFXI'P -116. Passed. Recommended by the Committee on Finance _ i Chairman TAB:rmv T- .\wp6Ulmmonh-.rmvi43cl©- 5c.doc t V * A' * NV A' OW ALNA 11144,NC R.9 iJLO .. ° K FS .Il.9A .. ., S PG _ gggYgRp TTef. ..., . VSSE smm 3 14- 7 iY 3L !Y 0 0 W5 3 M. Kearns - Preliminary Assessment Notices Ccp# 46,10/5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance i i" � i J. Witthohn- Interest in Dog Licensing & Dog Tag Program Ccp# 53, 1015 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance �1 00000 Transfer of Funds -- PFRS Pension — Human Resources (Item No. 75, C.C.P., Oct. 5, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller be, and he hereby is authorized to transfer and reappropriate Police and Fire Retirement System 17303002 - 423002 PFRS Pension to Human Resources 125554006- 432004 Engineering and Technical and 12554006 - 454000 Advertising in the total sum of $355,000. Passed Recommended by the Committee on Finances Chairman TAa:mv tAmp60Immor&=vi75£J0-5o.aoc E AY NO Y FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RUSSELL _ ............ _ ..............., Nlaj ®5 213- 6 3/4- 7 0000 I Budget and Personnel Amendment 14 - Parking 1075 - Parking Violations (Item No. 78, C.C.P., Oct. 5, 2010) That the Budget and Personnel Amendment as contained in Item No. 78, C.C.P., October 5, 2010, be and the same hereby is approved. Passed Recommended by the Committee on Finance - - Chairman t:wp6almwmv178c1 o -sc.aoc PM C *AYE*N®* * `OA * FRANCZYK * G OLOMBE K * * * * * * * * TSS * maj e 213- 6 314- 7 * �` 00062 J. Makowski -Req Independent Audit Marine Dr. Apartments(# 5 6, 6/22) Cep# 67, 1415 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT rte- i Recommended by the Committee on Finance 3 1 ��� �` � ' -' i �� s� s -1 Year 36- Community Development Quarterly Reports(5 /1/10 to 7131/10) (Comm Svs) Ccp# 36, 9/21 Mr. L,oCut to moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Community Development k i "? i R Millill .: 'f 0 0 C G M. Judd, Petition to Use 220 Katherine — Alterations & Renovations to Convert Building to maces and New Parking Facility (Item No. 54, C.C.P., Qct. 5, 20 10) That after the public hearing before the Committee on Legislation on October 12, 2010, the petition of M. Judd, agent, for permission to alter and renovate 220 Katherine from a 2 and a I story concrete building for use as offices and a. new parking facility be, and hereby is approved. ' - 4. Recommended by the Committee on Legislation u- J hairman tAwpWnnwovA:nn- A54eI0 -5o.aoc E f -- f t t 8 *AYE FONTANA IPRAN GOLOMBEK HAYNES ]KEARNS LO TO RUSSELL j 1 213 @6 314- 7 '� '� 00016 P. Tantillo, Petition to use 1066 Elmwood — Convert Take -Out Restaurant & Apartment to Sit-Down Restaurant (Item No. 55, C.C.P., Oct. 5, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on October 12, 2010, the petition of P. Tantillo, owner, for permission to convert a takeout restaurant and apartment in the rear to a sit down restaurant at 1065 Elmwood be, and hereby is approved with any conditions that the City Planning Board sets at its next meeting, scheduled for October 26, 2010. Passed. Recommended by the Committee on Legislation . v� d an TAB:ry f :lwp60\mswor& mv155c 10 -5 c.doc J y � u FONTANA GOLOIMBEK s� ... 8 s� LOCURTO L R USSEL Sm maj - 5 28 - 6 314- 7 000 R. Panaro, Petition to use 1200 Hertel Avenue — Center Space for a Sit -down Restaurant (Item No. 56, C.C.P., Oct. 5, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Common Council on October 19, 2110, the petition of R. Panaro, agent, for permission to use 1200 Hertel Avenue's center tenant space of a 2 story masonry strip mall for a sit-down restaurant is hereby approved. Passed, Recommended by the Committee on Legislation Chi ... .....................�., ......_ ,. Mvvp60Vwwer&- nnvN5& 1 U-9 e.doc g ! * AYE *NO* FONTANA �k FRAN CZYK GOLOMBEK HAYNES �e KEARNS LOS TO �k RU SSELL Y x�r 213- 6 314- 7 000(�7 R. Planter- Concerns Safety on Leland Ave(South) Ccp# 50,10 /05 Mr, Golombek moved That the above item be the sarne and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation 00of) } J. Andolsek- Concerns °Parking Tickets Ccp# 56, 7120 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT I )n4A 4\- Recommended by the Committee on Legislation f 06C Request to Amend Public Housing Law Section 404; (Item No. 99, C.C.P., July 20, 20 10) That the Resolution as contained in the above item be, and the same hereby is, adopted. Adopted Recommended by the Committee on Legislation Chairm TAB:rtmv 4:Iwp6Mmswor&:nmv199c7- 20c.doc E 000' L Voaruez & Others -Req NYS Liquor Auth to Revoke License Club Chit Chat -1048 Clinton St.(Fill) Ccp# 50, 7106 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation =l f i C. Lewis- Concerns Chit Chat Club Cep# 54, 7/06 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT I , a �)r.4v 'i Recommended by the Committee on Legislation 0 0 0 I'Y 2 Close Club Chit Chat (Except Resolves) Cep# 94, 6122 M•. Golobek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation Erie County Dept Environ & Planning -Flood Risk Map Update Briefing Ccp# 61, 6108 Mr. Golambek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation 000 "?4 Lucky's Concerns -New Store Opening on Sycamore Street(pill) Ccp# 67, 6108 Mr. Golombek moved That the above item be the same and hereby is Received and piled ADOPT Recommended by the Committee on Legislation of 00f f= E. Triggs - Concerns 754 Sycamore St (Fill) Ccp# 70, 6/08 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT 6 Recommended by the Committee on Legislation m t 000 R, Davis -Req The COB to Donate Vacant Lot Btwn 207 Stanton and 181 Stanton Cop# 62, 5/11 Mr.Oolombek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation f� V D, Jackson, Owner, Use 16 Rounds for A HSF (Univ )(no pub hrg) Cep# 91, 9/7 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation `l f �3 0000�}3 Food Store License — 13 50 Fillmore (Item No. 47, C.C.P., June 8, 2010) (Item No. 85, C.G.P., July 6, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendati Mr. Golombek moved: That the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is directed to deny the Food More License application of Fathehia Qasem located at 1350 Fillmore d/b /a Rock City. DEFIED Recommended by the Committee on Legislation TAB:nnv T:kwp6olmsword\rmv�47cG- 8e.aoo try Chairr� n i U .I Budget Amendments ( 06, 1119) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation v 00S Business Improvement Exemption Ordinance(Aszmt) Cop# 7, 9/15 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation 0GOSIa J V Allow Battled Water as a Food Item under WIC to Combat Lead Poisoning (Item No. 128, C.C.P., Mar. 17, 2049) That the City of Buffalo respectfully requests that Congress amend the Child Nutrition Act of 1966 to allow the United States Department of Agriculture to allow battled water to be an accepted food item. .Adapted Recommended by the Committee on Legislation .................... Chairm t p6olm wordl nnvtlzsc3- 17c.aoc 6 £ 0 ""1 ? F. K. Robinson -Use 100 High St. Place a Helipad on an Existing Hospital (El 1)(hrg to be announced) Cop# 76, 1012 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Legislation 0 3 - RESOLUTIONS October 19, 2010 060 83 RESOLUTION By: Mr. Fontana RE: WAIVE CONSTRUCTION FEES AND CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY FOR 2010/2011 WHEREAS, Habitat for Humanity has an excellent reputation as a not-for-profit 501 -C- 3 organization that provides decent and affordable housing for people in Buffalo; and VMEREAS, The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, In 2010, Habitat for Humanity has thus far completed rehab projects at 23 Guilford, 34 Guilford, 40 Norway Pl., 20 Ferguson, 22 Ferguson, 227 Laurel, 62 Hazelwood, 23 Palos, 485 Dartmouth, 493 Winspear, 409 Northumberland, 349 Dewitt and 47 Fox; and WHEREAS, Additional rehab projects that are in progress and scheduled to be completed by 2011 include 69 Florida, 16 Prairie, 71 Fox Street and 77 Fox Street; and WHEREAS, By waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; and WHEREAS, Habitat for Humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls; and NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits & Inspection Services waive all Construction Permit Fees for Habitat for Humanity for the remainder of the 2010 calendar year; and BE IT FURTHER RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits & Inspection Services waive all Construction License Fees for Habitat for Humanity for the period beginning October 1, 2010 and ending September 30, 2011; and a That the City Clerk is directed to send certified copies of this resolution to Jaynes Comerford, Commissioner of Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Ronald Talboys, President of Habitat for Humanity, 995 Kensington Avenue, Buffalo, NY 14215, Richard A. Fontana Lovejoy District Council Member 1JO 0/01 W.... T6 RUSSELL a m 2f3 ® 6 314- 7 ' BY: Mr. Franczyk- Council President Excuse Council Member Smith from the October 19, 2010 Council Meeting. Kai MR 0008 By: Mr. Golombek SUBJECT: Challenging the Federal Governments Approach to Failing Buffalo Schools. Whereas: The educational system across America is facing problems of epic proportion; and Whereas: The problems facing the system are especially prevalent in the urban centers where the middle class has fled to the suburbs; and Whereas: The easiest approach to addressing the problems with the educational system has been to blame the staff, teachers and administrators of the schools in the urban core of our communities; and Whereas: This approach does not address the real issues that have hurt our educational system, which include students living in poverty, students coming from broken homes and students coming from homes where education is not valued; and Whereas: In a failed attempt to fix the problems in some Buffalo Public schools, the United States government has offered funding to the school district but only if they remove principals of schools that the federal government considers failing; and Whereas: The removal of these administrators will not change the problems facing these schools, but rather exacerbate those issues. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo goes on record in support of Principal Michael Magavero and the dedicated staff of Riverside 1-ligh School. Be It Further Resolved That: That the federal government be informed that their ideas may look good in Washington, DC, but in Buffalo, NY they will cause more harm then good because the removal of these administrators does not fix the underlying problems that face our educational system. _�£ 7 Be It Further Resolved That: That copies of this resolution be sent to the federal legislators that represent the City of Buffalo school district, with a request for their assistance to stop the removal of these administrators. Finally, Be It Resolved That: That this resolution be sent to the appropriate Common Council Committee for further discussion. iseph olombek Jr. ADOPT RESOLVES, REFER REMAINDER TO THE SPECIAL COMMITTEE ON EDUCATION 00080 WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and • # 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 450 Exchange Street and 479 -481 Alabama, located in the South Ellicott Phase 2 Urban Renewal Area to Graphic Controls which is subject to approval of Agency Legal Counsel. .e EE R DTOSHEC I ON COPPIPMUNITY DEVELOPMENT. 0 6 t= 4 (Rev. 1/93) RESOLUTION By: Councilmember Haynes PUBLIC SUBJECT SET LAND LEASE BETWEEN BURA AND GRAPHIC 450 EXCHANGE STREET/ ALABAMA SOUTH ELLICOTT PHASE 2 URBAN RENEWAL AREJ WHEREAS, the City of Buffalo Urban Renewal Graphic Controls, LLC have negotiated an agreement to lease the property known as 450 Exchange Street and 479481 Alabama located in the South Ellicott Phase 2 Urban Renewal Area, and; WHEREAS, the terms of said Land Lease have been approved by the City of Buffalo Urban Renewal Agency; and +► = t h " s MIR 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the day of October 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 21 - 00 P-M. in the Council Chambers on the Ord of November. .9 tl 1t 0'i C 0 `1-S RESOLUTION By: Dr. Curtis Haynes, Jr. Subject: Sale of former Public School 36 by Appraisal WHEREAS: This Honorable Body, by Resolution dated March 16, 2010, approved the sale of former School #36 to Elmwood Village Charter School ( "EVCS ") for $540,000.00 based on the Report and Recommendation of the Appraisal Review Board ( "ARB ") dated March 9, 2010; and WHEREAS: On July 7, 2010, the Honorable Patrick H. NeMoyer, J.S.C. issued a Decision and Order setting aside the Report received by this Honorable Body and its action thereon, based upon, among other things, an alleged failure by the Appraisal Review Board to consider all of the appraisals before it, having arbitrarily set the value of the property at $540,000 and the existence of an unconditional offer to purchase the property submitted by Samuel J. Savarino for use of the property by West Buffalo Charter School ( "WBCS ") for $800,000; and WHEREAS: The $800,000 unconditional purchase offer from Samuel J. Savarino for use by WBCS has not been withdrawn; and WHEREAS: EVCS has been in operation for 4 yrs, during which time the school has continually proven to be a good neighbor and tremendous asset to the community. They have an established track record of student academic success and currently have a waiting list for new students. EVCS has been seeping to purchase the former Public School Number 36 for $540,000 for the expansion of its Charter and has been working with the Days Park Block Club Association and others to ensure community support for their plans; and WHEREAS: EVCS has stated that the acquisition of the building is critical to its expansion; and WHEREAS: WBCS is a newly approved Chaster School that has partnered with Buffalo Hearing and Speech, D'Youville College, and the Buffalo Philharmonic Orchestra among others. They have the potential to serve hundreds of underserved Buffalo School children, however as a new school, they have not yet had the opportunity to establish an academic track record or prove whether or not they will be a good neighbor in the community; and WHEREAS: WBCS has asserted that former Public School Number 36 is the only building available of appropriate size and accommodation that would allow them to operate and that they will lose their Charter if they are unable to identify the building as their location before December 1, 2010; and WHEREAS: Both EVCS and WBCS, as potential purchasers, are proposing to use the property for Charter School purposes which would be a benefit to the community and the taxpayers; and WHEREAS: The process for selling the property needs to be fair and transparent to both schools in a way that ensures that the building is sold and occupied as a school as soon as possible; and WHEREAS: The Court's July 7, 2010 Decision and Order rendered this Body's March 16, 2010 Resolution to sell the property for $540,000 null and void, therefore now enabling this Honorable Body to determine the appropriate City Charter prescribed method of sale; and WHEREAS: Any prior applications for appraisals are deemed null and void by virtue of the Court's July 7, 2010 Decision and Order; and WHEREAS: The Court's decision specifically noted a failure of the City to follow correct procedures per section 27 -5 of the Charter, including the Council failing to determine a fair appraisal by retaining an appraiser from a list of appraisers established by the ARB; and WHEREAS: The Court identified several incidents of unfairness and bias in the manner of the City's handling of the sale of this property; and i ; D0 WHEREAS: The Court further noted a failure of the ARB to review submitted appraisals in full and to inform. the Council of the results of the appraisals and its recommendation; and WHEREAS: With the Court having concluded that there bas been several procedural failures and arbitrary and unlawful behavior, it is highly unlikely that, given past legal precedent, the City of Buffalo would be successful on appeal of this decision; and WHEREAS: The Court's decision also noted that it would not necessarily be arbitrary or unlawful for the City to reject an offer of a higher purchase price from one prospective buyer in favor of a monetarily lower but socially more beneficial offer from a different purchaser; and WHEREAS: The property is unique in both its location in a local and national historic district, Allentown, and on a park designed by Frederick Law Olmsted and unique because of the decades long stewardship of the residents for the landscape and surrounding community; and WHEREAS: There remain serious community concerns about this site becoming rental property and there is a long- standing community relationship with EVCS; and WHEREAS: To sell this property by auction would be unfair to EVCS and to pursue an appeal of the Court's decision would be unfair to WBCS since it would deny them the opportunity to house their school in a timely manner and risk their charter; and WHEREAS: It is important to ensure the readiness of this property for use as a school, and to avoid a delay of another year before there is tenancy; and WHEREAS: It is the responsibility of the Council to act on this matter in a timely fashion that complies with the City Charter, and only by a new and fair process and appraisal can this matter be decided. NOW THEREFORE BE IT RESOLVED: That this Honorable Body hereby provides that the property owned by the City commonly known as 40 Days Park and former Buffalo Public School #36 be independently appraised as soon as possible by a properly chosen appraiser on the ARB list; and BE IT FURTHER RESOLVED: That both interested parties be notified of the opportunity for there to provide new appraisals for consideration; and BE IT FURTHER RESOLVED: That the property be sold in an "as is" condition subject to the conditions that: 1. It be used as a school for the next fifty years with the City of Buffalo retaining a reverter (or reversionary interest) in said property should it discontinue being used as an active school for a period of more than six consecutive months during said fifty year time period measured from the time of closing; and 2. The purchaser of the property must at closing release the City (and the City School .District) from all environmental liability and must indemnify the City (and the City School District) from all environmental liability related to the property; and BE IT FINALLY RESOLVED: That said conveyance can only be further initiated by a two-thirds vote of the Council pursuant to §27-4 of the City Charter and would be subject to the additional requisite approvals contemplated by the provisions of said City Charter as well as by approval of the Buffalo Fiscal Stability Authority. Dr. Curtis Haynes, J PASSED . Ellicott District Council Member . FONTANA de �Z GOLD „ .... E 'k HAYNES LOCUR R USSELL f m s 213- 6 3 7 �k sF 00089 By: Michael P. Kearns RE: WAIVE CONSTRUCTION FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR AMERICORPS AND CAZENOVIA RESOURCE CENTER, JOINTLY OPERATING AS 49 BUFFUM, LLC. WHEREAS, 49 Buffum is the most historically significant house on the most historically significant street in South Buffalo. Horace Buffum, an early settler and carriage maker, built the first house on Buffum prior to the Civil War. He and his family lived in the house for many years and, while living at 49 Buffum, the family grew fruits and vegetables and also raised chickens; and WHEREAS, 49 Buffum is historically and culturally significant not only because of its age, but also because of its possible role as part of the Underground Railroad. It has been said that the sub - basement of the home is linked to a cave that connected to the site of the Seneca Mission School, and may have once been used by escaping slaves; and WHEREAS, In 2008, a fire caused extensive damage to 49 Buffum and the house was slated for demolition. Through the tireless efforts of residents and community groups however, 49 Buffum was saved; and WHEREAS, The Cazenovia Resource Center and AmeriCorps joined together to form 49 Buffum, LLC, through which they have purchased the property and committed to completely renovating the house and returning it to its original glory; and WHEREAS, When renovations are complete, 49 Buffum will be the site of the South Buffalo Heritage Center and will also serve as housing for AmeriCorps volunteers, who earn a modest stipend for working to strengthen and improve homes and neighborhoods; and WHEREAS, It is in the City's best interest to seek ways to ensure that its historic treasures are restored, rehabilitated and reused and 49 Buffum is an important piece of Buffalo's history and an important link to the past. NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Permits and Inspection Services waive all Construction Permit Fees for 49 Buffum, LLC., for the remainder of the 2010 and the entire 2011 calendaryear; and I l y li it" III - I �l X1:7 MIY��1) That the Common Council does hereby request that the City of Buffalo Department of Permits and Inspection Services waive all Contractor License Fees for 49 Buffum, LLC,, for the remainder of the 2010 and lire entire 2011 calendar year; and BE IT FURTHER RESOLVED That the Common Council does hereby request that the City of Buffalo Department of Public Works, Parks & Streets waive Disposal Fees at South [Ogden Transfer Station for 49 Buffiun, LLC., for the remainder of'the 2€I10 and the entire 2011 calendar year; and BE IT FINALLY RESOLVED That the City Clerk is directed to send certified copies of this resolution to James Comerford Commissioner of Permit & Inspections Services; Steve Stepniak, Commissioner of Public Works, Parks & Streets; and David Rodriguez, Acting Corporation Counsel. Michael P. Kearns South District Councilmember ! ;o }` A NO lk FONT MA F F iS GOLO E KEARNS RIVERA R USSELL!i d1 a ® d 213® 5` 314- 7 �` 000, �. A RESOLUTION Sponsor: Mr. LoCurto Re: Requesting that the Comptroller Audit BERC programs Whereas: On July 6, 2010, a copy of a letter sent to E.J. Walton, Chief Financial Officer of the Buffalo Economic Renaissance Corporation ( "BERC" ), was filed with this Honorable Body which requested an accounting of all monies allocated by all Common Council Members to BERC's CARE, Sign and other programs for the last four fiscal years and the current year to date; and Whereas: This letter was drafted in conjunction with a meeting conducted to provide an update on the ongoing dissolution of BERC, which was attended by Janet Penksa on behalf of the City administration and BERC; and Whereas: Although more than three months have passed since this request for an accounting was made, the Common Council has still not received any of the information requested; and Whereas: The Common Council and the taxpayers of the City of Buffalo have a right to know how funds that were allocated to BERC have been expended; what these funds were used for; whether any of these funds remain unspent at this time; and for what purposes any unspent funds remaining can be used; and Whereas: With the demand for funding far outstripping the City's ability to provide financial resources, it is critical that all funding allocated to BERC be properly accounted for and that all unspent funds remaining be identified. Now, Therefore, Be It Resolved: That the Common Council respectfully requests that the Comptroller of the City of Buffalo take immediate steps to conduct an audit of BERC in order to account for all monies allocated by all Common Council Member's to BERC's CARE, Sign, and other programs for the last four fiscal years and the current year to date. Mic ael J. LoCurto Delaware District Council Member ADOPT RESOLVE, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT _ t Sponsor: Michael J. LoCurto RESOLUTION Re: Buffalo Olmsted Parks Conservancy Grant Application to New Fork Mate Office of Parks, Recreation, and Historic Preservation: Recreational Trails Program. WHEREAS: The Buffalo Olmsted Parks Conservancy is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Recreational Trails Program for a trail project to be located Delaware Park a site located within the territorial jurisdiction of this Board of Trustees and WHEREAS: As a requirement under the rules of these programs, said not - for - profit corporation must obtain the "approval /endorsement of the governing body of the municipality in which the project will be located "; IOW, THEREFORE, BE IT RESOLVED: By this august body that the Council of the City of Buffalo hereby does approve and endorse the application of Buffalo Olmsted Parks Conservancy for a grant under the Recreational Trails Program for a trail project known as "Point of the Meadow Gateway Enhancement Project" and located within this community. If the project is taking place on municipally -owned land, the following must be added: BE IT FURTHER RESOLVED THAT: Should Buffalo Olmsted Parks Conservancy be unable to do so, said property shall be maintained by City of Buffalo consistent with the rules promulgated by OPRHP. w, e MICHAEL J. LoCURTO Delaware District Councilmember Y h ii . _ � 1 A 0 Of f / No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Reverend Richard "Duke" Zajac By Councilmember Michael P. Kearns Felicitation for Patricia Elaine Clark By Councilmember Demone A. Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED `F . f At the regular meeting of the Common Council of the City of Buffalo, New York, held on Tuesday, October P, 2010, the following proclamation was adopted, sponsored by Michael P. Kearns, South District Common Council Member: Whereas: Reverend Richard "Duke" Zajac was raised in the Black Rock neighborhood of the City of Buffalo, where his parents owned a grocery store; and Whereas: Reverend Richard "Duke" Zajac received his Bachelor's Degree in Philosophy from Saint John Vianney Seminar) and was ordained on May 2Y 1976; and Whereas: Reverend Richard "Duke" Zajac first served under Monsignor William Stanton at Saint Ambrose Church_in. South Buffalo. While there, he. coached the boys baseball team and led there to their first championship title; and Whereas: Reverend Richard "Duke" Zajac has authored three .books of homilies called "Life .Injections, " hich stress the connection between scripture and the human experience and provide motivation to. readers to make life changes for their own betterment; and Whereas: Reverend Richard "Dukef Zajac, though his life and through his work, has been able to inspire hope and peace in the lives of those who are suffering. Now, Therefore, Be It Proclaimed: That it is an honor and a privilege for the Common Council of the City of Buffalo, New York to recognize and.extend our sincere felicitations to the Reverend Richard "Duke "Zajac, a distinguished and loyal citizen, upon the occasion, of his being honored at the Monsignor. William Stanton Gala fors his hard work and dedication to bettering our society by promoting spiritual, intellectual, and athletic growth. Michael P Kearns Gerald Chwalinski South District Council Member City Clerk At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, September 21, 2010, the following proclamation was adopted, sponsored by.Demone A. Smith, Masten District Common Council Member. Whereas: Patricia Elaine Clary was born in Pembroke, West Bermuda and, in 1954, moved with her mother and ,stepfather to the United States. She later traveled with her Air Force family to Japan where she graduated from Johnson High School in June 1960; and Whereas: Patricia Elaine Clark married a native of Buffalo, New York in 1961 and moved to France with her former husband, who was serving in the Air Force, from 1961 through 1963. She is the mother of DeAnna .Maine, Devon Keith and Jaye Allyn Clark Patricia and her family are members of the Lutheran Church Our Savior; inhere she hays served on. the Deacon Board, Board for Christian Education, Scholarship Committee and the Memorial Fund Board of Directors; and Whereas: In .July 1986, after completing her Bachelor of Science Degree in Business Administration dt odaille College, Patricia Blaine Clark began working at the : University at Buffalo as a student counselor. After ayear and a half, she was promoted to the position of Director of the Science and Technology Enrichment Program ("STEP') and the StructyrdjZ . ational Support Program (`rSESP j). In September 1991, she became the Associate Director for. the Office for Universily.Preparatory Program. While working at the University at Buffalo, she also_completed a Master's Degree: in Education. Ms. Clark has amassed twenty years of experience. ik-budget management and counseling at the local and state level in both the public andprivate and Whereas: Patricia Elaine Clark is a member of Delta Sigma Theta Sorority-Inc', Buffalo Alumnae Chapter and has received a number of awards and honors for her service to the con2muhity, appeared as a guest speaker for numerous events, and given presentations to many diff organizations: Now, Therefore, Be It Proclaimed: That the Common Council of the City of Buffalo pauses in its deliberations. to recognize the contributions and dedication of Patricia Elaine Clark, a true "Uncrowned Queen," to bettering our society and advancing educational opportunities for minorities, women, and disadvantaged populations. Demone A. Smith Masten District Council Member 00093 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, October 26, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, October 26, 2010 at 10 :00 o'clock A.M. Tuesday, October 26, 2010 at 1:00 o'clock P.M. Tuesday, October 26, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subiect to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be -provided. In addition, there may be meetings set un whereby the City Clerk's Office is not made aware, therefore, unless we receive notice fiom the respective Chairmen, we can only make notification of what we are made aware. Ham No. Adjournment On a motion by Mr. Fontana, Seconded by s, the Council adjourned at GERALD CHWALINSKI CITE' CLERK October 19, 2010