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HomeMy WebLinkAbout10-0525-0520ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL e BUFFALO TUESDAY, MAY 25, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Curto, Rivera, Russell &Smith - 9 Golombek, Haynes, Kearns, Lo Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on May 11, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LO CUR.TO RIVERA RUSSELL SMITH [- ____- A____e -I [MAJ- 51 [ 2 {3 - 61 [ 3!4 - 71 *AYE* NO May 25, 2010 * * * * * * ** * * * * * * * * * * * 9 * 0 * * * May 25, 2010 Y FROM THE MAYOR May 25, 2010 To: Non. Richard A. Fontana 1 r Re: INFORMATION TO BE FURNISHED AT COMMON COUNCIL BUDGET HEARINGS MAYOR'S OFFICE F Per your request, please find the responses to the requested information: A list of all employees who are assigned a mobile telecommunication device (e.g., cellular /smart- phones), the make and model of such device (e.g., Apple I- Phone, Blackberry, etc), and a description of the service plan(s) associated with each device (e.g., unlimited voice and data) along with its annual cost to the City. There are no city - assigned mobile telecommunication devices in the Mayor's office. A list of all employees who are assigned use of a take home city vehicle along with the year, make and model of such vehicle (e.g., 2008 Ford Explorer) There are no tale home vehicles in the Mayor's Office, A list of all employees who are granted use of, or who are assigned, gas cards, debit or charge cards, procurement cards, and Metro bus or rail passes and the respective value thereof. There are no city - assigned gas, debit, charge or procurement cards in The Mayor's Office. There are no Metro bus or rail passes assigned either. A list of all travel contemplated along with the purpose, location and anticipated cost. Although there is no travel scheduled at this time, it is anticipated that the Mayor (and/or staff) will travel to Washington DC and Albany NY to lobby Federal and State officials. In addition it is anticipated that the Mayor may have to travel for other official city business in an official capacity. The Mayor's Office travel accounts have been reduced in the recommended budget and will not be exceeded. F� A list of all positions that currently remain vacant and the amount of time that has elapsed since the vacancy occurred. The Special Assistant to the Deputy Mayor Ili was vacated on 1 1 127109. A list of all officers, appointees and employees who, in addition to receiving a salary from the City of Buffalo, draw a separate salary from any allied city agency. Bernadette Taylor A list of all officers, appointees and employees, along with their position or title, whose salary will be fully or partially paid for using grant funding (e.g., Community Development dock Grant). Bernadette Taylor, Executive Assistant to the Mayor A list of all personal service contracts along with the length of such contract and its associated cost to the City. There are no personal service contracts associated with the Office of the Mayor. A list of all current officers, appointees and employees, along with their position or job title, for whom a NYS retirement system form CSC -20 has been tiled with the NYS Department of Civil Service, pursuant to Section 211 of the Retirement and Social Security Law, that provides for the re-employment of a retiree on an exceptional basis without lass or diminution of pension. There are no officers, appointees or employees in the Mayor's office who have filed a Section 211. ON BUDGET l FROM THE MAYOR e EXECUTIVE DEPARTMENT May 25, 2010 t FROM THE OFFICE OF STRATEGIC PLANNING 00 r� 2 (Rev. 1103) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: COMMON COUNCIL: DATE: May 14, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Abandonment and Sale — Portion of Cincinnati (Paper Street) Approx. 45'x 160' PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from Buffalo Riverfest, LLC, to purchase Cincinnati Street, a paper street approximately 45'x 169'. Buffalo Riverfest, LLC, with assistance from the Buffalo Niagara Riverkeepers, has received several grants from New York State for the creation of a public park that will be called "Buffalo Riverfest Park." As a condition of the grants, the property acquired by Buffalo Riverfest, LLC must remain accessible to the citizens of New York State for recreational purposes for 40 years. Buffalo Riverfest, LLC has already purchased privately -owned parcels adjacent to Cincinnati Street for the development of the park. The purchase of Cincinnati Street allows Buffalo Riverfest, LLC more room for construction of the public park. In particular, current designs show Cincinnati Street paved and used as an accessory parking lot for the Park. The Division of Real Estate forwarded the request to Land Use Planning Committee, Division of Planning, Department of Public Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board for their review and recommendations. The Department of Public Works has no objection to the abandonment and recommends that the official closing /abandonment of Cincinnati Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office and that the property be sold subject to easements of record as well as an easement granting the City access to a drainage pipe on the site. FORM #2 -- Page #2 TEXT CONTINUATION RE: Abandonment & Sale — Cincinnati Street May 14, 2010 The Planning Board previously acted as lead agency for the submission and approval of the park's site plan. The Planning Board issued a negative declaration after finding that the project as a whole will not result in significant adverse impacts on the environment. In compliance with SEQRA, the Common Council will have to render its own determination prior to approval. Please be advised that in accordance with Abandonment Public Hearing Statute, General City Law Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes, it is necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing After the public hearing is held and providing there are no significant objections, I am recommending that Your Honorable Body first approve the Negative Declaration (to be filed subsequently) for this undertaking, as per SEQR, for this project. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale. Secondly, I am recommending that should Your Honorable Body approve the abandonment and authorize the Division of Real Estate to conduct the sale of for $1.00 and no more with the condition that the property only be used for public recreational purposes and at such time that the property is no longer dedicated to public recreational uses, title to the property reverts to the City of Buffalo. Transfer papers, including the deed, will be prepared by the City Law Department. PE DEPARTMENT HEAD NAME: John Hannon TYPE TITLE: Director of Real Estate Zl ,r2 SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON M N T Y DEVELOPMENT, 0003 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SI QR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mini Mart Addition with Plaza Location: 389 Fillmore Avenue Type of Action: Unlisted - Uncoordinated Description: David Carr, P.E. as a representative of the owner of the Citgo Mini Mart is proposing the construction of a building addition and a 3500 sq. ft. plaza on the property located at 369 Fillmore Avenue Buffalo New York. As part of this project, existing parking lot will be repaved with additional landscaping and drainage improvements. The first phase will be improvements to the existing Mini Mart allowing for a larger store and providing more product and storage space. This work is proposed to begin in ,June 2010 and be completed by August 2090. The second phase will be the construction of the 3500 sq. ft. plaza that would be leased to various tenants. 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 impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows the mini marts appearance will be greatly improved with the new landscaping and parking lot improvements, as well as allow the mini mart operator to grow their business bringing economic security to a fragile intersection in the City of Buffalo. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 051 -5085. Dated: Mav 18. 2010 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets David Carr PE of 00001 NEGATIVE DECLARATION 1� NOTICE OF DETERMINATION OF NON SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Buffalo Lakeside Commerce Park Phase IV 4 1-ocation: 1714 Fuhrmann Blvd Type of Action: Unlisted- Uncoordinated Description: Buffalo Urban Development Corporation is proposing a new Subdivision on the property located at 1714 Fuhrmann Blvd, Buffalo New York. The proposed project is phase IV (final Phase) of the Buffalo Lakeside Commerce Park Development. Phase IV will consists of the construction of a 35 +A acre urban commerce park with mixed use office and light industrial facilities on a 72 acre parcel. Thirty seven acres of the seventy two acre parcel is a New York State Department of Environment and Conservation freshwater wetlands and its corresponding buffer area, and will remain undisturbed. Development of the thirty five acre commerce park will include a 2500 =14 road extension of a stud road from Fuhrmann Blvd. to Ship Canal Parkway and associated site utilities. Site utilities include 1100 LF of gravity sewer with 390 LF of forcemain, 250OLF of water main and a storm water treatment pond. Access to this site will also be available fro Tifft Street as well as connecting pathways will be available to bicyclists and pedestrians from the Union Ship Canal Park Tifft Farm Nature Preserve As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide for the completion of the Buffalo Lakeside Commerce Park creating new job opportunities as well as business opportunities in the Western New York Area. 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 Crunzweig, Land Use Controls Coordinator, Doom 901 City Hall, Buffalo, New York 14202 — 716 851 -5085. Dated: Mav 18.2010 CC: City Clerk City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets Buffalo Urban Development Corporation t RECEIVED AND FAILED ti -� 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 Quetity Review) of the Environmental Conservation Law. Dead 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 St. John Tower Addition Location: 865 Michigan Avenue Type of Action: Unlisted - uncoordinated Description: SLR Contracting Service company, Inc. on behalf of The Virginia Michigan Housing Company is proposing the construction of a small building addition on the property located at 865 Michigan Avenue, Buffalo New York. The four hundred square foot addition to their current multistory facility will fulfill an extrerne need for additional administrative office space. The addition will incorporate a painted masonry block along with a smooth surface painted aluminum panel to closely match the smooth precast concrete in color and aesthetics of the existing facility. Along with this, matching landscape planting will be utilized to seamlessly blend the addition with the existing building. It is expected that the time necessary for construction is expected to be between 90 and 100 days starting in late May 2010 and with an anticipated completion date of August 31 ", 2010. The project will be privately funded in the amount of 80,000 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 wifl not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for St John Tower management office to operate more efficiently thereby providing better services to the tenants of the building. 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 Crunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -M 716 851 -5085 Dated May 2Q10 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection SLR Contracting RECEIVED AND FILED 0000 # 2 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 14, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Proposed Lease Between the United States, Secretary of the Army and the City of Buffalo ® Bird Island Pier at Buffalo Harbor Federal Navigation Project (Breakwater Project -Black Rock Canal) Niagara District PRIOR COUNCIL. REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received the attached lease and contract for recreation development at the Bird Island Pier. This is the Recreational Management Plan from the previous lease and will continue to be the plan for the renewal lease. This lease is in reference to the walkway and operation /maintenance of Bird Island Pier. The term of the lease will be for 25 years commencing on April 16, 2010 and expiring on April 15, 2035. The Department of Army has indicated that by the authority of the Defense Authorization Act of 1988, Section 2813(a), the United States is required to charge a fee to recover administrative expenses associated with the processing of an out grant instrument. The administrative expenses associated with the processing of this lease are $1,200.00, which the City is required to pay. Funds for this cost have been allocated in our Account #10314006 - 480000 in the amount of $1,200.00. The City is also required to furnish a statement of self insurance. I am recommending that Your Honorable Body approve the attached agreements and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TYPE TITLE: DIRECTOR OF REAL ESTATE, - OFICE/R�T ST F PLANNING SIGNATURE OF DEPARTMENT HEAD.- - JPH:pIg C: MYOOC :LEASE;Cleansbirdislandpie€ W911XK -1 -10 -1002 LEASE TO NON -STATE COVERNDNENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES TO THE CITY OF BUFFALO BUFFALO BREAKWATER PROJECT (BLACK ROCK CANAL) ERIE COUNTY, NEW YORK THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and THE y .6dYT C p F � + EUFFALO, NEW YORK, hereinafter referred to as the Lessee, Y7I SSETH That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identified in Exhibit "A attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: Said premises are hereby leased for a term of 25 years, beginning 16 April 2010 and ending 15 April 2035. 2. CONSIDERATION AND ADMINISTRATIVE FEE a. The consideration For this lease is the operation and maintenance of any recreational improvements, including connections and walkways which facilitate public use of the Federal navigation structure by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth. b. The Lessee shall pay to the United States an administrative fee in the amount of one thousand two hundred and no/100 dollars ($1,200.00) for the full term to cover administrative expenses associated with the processing of this lease. The administrative fee is to be paid in advance and in full by check made payable to the order of "FAO, USAED, BUFFALO" and is to be mailed back with the lease to the U.S. Army Engineer District, Detroit, ATTN: Real Estate Division, P.O. Box 1027, Detroit, Michigan 48231- -1027. 1 Park and Recreation Lease Form Developed 1 March 1994 � W911YK - 1 - 10 --1002 All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee, to the City of Buffalo, Parks and Recreation Department, 502 City Hall, Buffalo, NY 14202; and, if to the United States, to the United States Army Engineer District Detroit, Attn: Chief, Real Estate Division, P.O. Box 1027, Detroit, Michigan 48231 °1027, and a copy of said correspondence and notices sent to the United States Army Engineer District, Buffalo, Attn: NY -PA Operations Office, 1776 Niagara Street, Buffalo, New York 142071399, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," 'Tsaid officer" or Lessor shall include their duly authorized representatives. Any reference to "Lessee" shall include sublessees, assignees, transferees, concessionaires, and its duly authorized representatives. The Lessee shall be guided by its plan of Operation and Maintenance as described in the Contract for Recreational Development at the Bird Island Pier (Exhibit B) for facilities and services necessary to meet the current and potential public demand and the management and development activities undertaken by the Lessee and any sublessees. If there are operational changes, the Lessee will submit a revised plan to be mutually agreed on between the Lessee and the District Engineer. 6. STRUCTURES AND EQUIPNENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION. However, no structures may be erected or altered upon the premises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. Park and Recreation Lease Form Developed 1 March 1994 1� W911XK -1.10 -1002 7. APPLICABLE LAWS AND REGULATIONS a. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. 460d. b. The Lessee will provide an annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. The Lessee will also provide a statement of compliance with the Rehabilitations Act and the Americans with Disability Act, as required in the condition on NON - DISCRIMINATION, noting any deficiencies and providing a schedule for correction. a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on -� the part of the United States to make any alterations, repairs, or additions thereto. 3 Park and Recreation Lease Form developed l March 1994 W911XK --1 -10 -1002 9. FACILITIES AND SERVICES ICES The Lessee shall provide the facilities and services as agreed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this lease, and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a rental to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the .Development Plan. The rates and prices charged by the Lessee or its sub - lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub-- lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease. 10. TRANSFERS, ASSIGMdtN S, SUBLEASES a. Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures, facilities, accommodations, or personal property on the premises. The Lessee will not subdivide nor develop the premises into private residential development. Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities, however, no user fees may be charged by the Lessee or its sub- lessees for use of facilities developed in whole or part with federal funds if prohibited by 16 U.S.C. . 460d --3. 4 Park and Recreation Lease Form Developed I March 1994 W911XK -1 -10 -1002 12. ACCOUNTS, RECORDS AND RECEIPTS All monies received by the Lessee from operations conducted on the premises, including, but not limited to, entrance, admission and user tees and rental or other consideration received From its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation and development of the premises. Beginning 5 years from the date of this lease and continuing at 5-year intervals, any such monies not so utilized or programmed for utilization within a reasonable time shall be paid to the District Engineer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the District Engineer. Annual or weekly entrance fees not collected on the Project, which also are honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub - lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to the satisfaction of the District Engineer, or, at the election of the District Engineer, reimbursement may be made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. a. The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with Government purposes; to make inspections; to remove timber or other material., except property of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner whatsoever; and/or to make any other use of the land as may be necessary in connection with project purposes, and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 5 Park and Recreation Lease Form Developed 1 March 1994 \ W911XK- -1 -10 -1002 b. The Lessee expressly agrees to make no claim under flood insurance issued under any Federal Government program for loss to any property of the Lessee located on the premises which arises from or is incident to the flooding of the premises by the Government. 15. LIGHTS, SIGNS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 16. INSURANCE a. At the commencement of this lease, the Lessee, unless self - insured, and its sub - lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain From a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices or a minimum Combined Single Limit of $2,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub - lessees and concessionaires under the terms of this lease. The Lessee shall require its insurance company to furnish to the District Engineer a copy of the policy or policies, or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. The minimum amount of liability insurance coverage is subject to revision by the District Engineer every three years or upon renewal or modification of this lease. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved, and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. C. In the event the Lessee is self- insured, the Lessee shall certify such self - insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sublessees and concessionaires to have insurance from a .reputable insurance carrier as set out above. 6 Park and Recreation Lease Form Developed 1 March 1994 d. The District Engineer the premises during any period lessees and concessionaires do coverage. W911XK -1 -10-1002 may require closure of any or all of for which the Lessee and /or its sub- - not have the required insurance On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this lease in restoring the premises. a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap, or national origin. The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board. b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. . 2000d); the Age Discrimination Act of 1975 (42 U.S.C. . 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. , 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CAR Fart 300) issued as Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600 --7. This assurance shall be binding on the Lessee, its agents, successors, transferees, sublessees and assignees. Park and Recreation Lease Form Developed 1 March 1994 19. SUBJECT TO EASEMENTS W911XK -1 -10 -1002 This Lease is subject to all existing easements, easements subsequently granted, and established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the .District Engineer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM), which has responsibility for mineral development on Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. 21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and /or any sublessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub- lessees or licensees. The Lessee will be notified of any non-- compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the non- compliance. Failure to satisfactorily correct any substantial or persistent non-compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This Lease may be relinquished by the Lessee by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES. Park and Recreation Lease Form Developed 1 March 1994 d W911XK -1-10 -1002 a. The Lessee shall keep the premises in good order and in a clean, sanitary, and sate condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non - compliance, the District Engineer, upon discovery of any hazardous conditions on the premises that presents an immediate threat to health and /or danger to life or property, will so notify the Lessee and will require that the affected part or all of the premises be closed to the public until such condition is corrected and the danger to the public eliminated. If the condition is not corrected within the time specified, the District Engineer will have the option to: (1) correct the hazardous conditions and collect the cost of repairs from the Lessee; or, (2) revoke the lease. The Lessee and its assignees or sub - lessees shall have no claim for damages against the United States, or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 23. FSLIC USE No attempt shall be made by the Lessee, or any of its sub- - lessees or concessionaires, to forbid the full use by the public of the premises and of the water areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. . The Lessee shall not permit gambling on the premises or install or operate, or permit to be installed or operated thereon, any device which is illegal, or use the premises or permit them to be used ° for any illegal business or purpose. There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events, may be conducted by nonprofit organizations under special use permits issued in conjunction with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District Engineer. C. In accordance with state and local laws and regulations, the Lessee may sell, store, or dispense, or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other intoxicating beverages on the premises in those facilities where such service is customarily found. Dar facilities will only be permitted if offered in connection with other approved activities. Advertising of such 9 Park and Recreation Lease Form Developed I March 1994 W911XK-°1 -10 -1002 beverages outside of buildings is not permitted. Carry out package sales of hard liquor is prohibited. 25. NATURAL RESOURCES The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to the Development Plan described in the Condition on DEVELOPMENT FLANS herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facilities, all sales of forest products will be conducted by the United Mates and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601 -613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act. b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to that lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. c. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shell be subject to a written decision by the District Engineer. (2) For Lessee claims exceeding $50,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and 10 Park and Recreation Lease Form Developed 1 March 1994 G� W911XK -1 -10 -1002 (iii) The amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) W if the Lessee is an individual, the certificate shall be executed by that individual. (ii) if the Lessee is not an individual, the certification shall be executed by: (A) A senior company official in charge at the Lessee's location involved; or (B) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Lessee claims of $50,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee - certified claims over $50,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. a. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. . q. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the District Engineer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the District Engineer receives the claim, and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the District Engineer. 13 Park and Recreation Lease Form Developed 1 March 1994 W911XK-1- 10 -1 002 27. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly with any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and when issued, by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the leased area is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state , interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Services for waste disposal, including sewage pump --out of watercraft, shall be provided by the Lessee as appropriate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The .Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the lessee's activities, the Lessee shall be liable to restore the damaged resources. C. The Lessee must obtain approval in writing from the District Engineer before any pesticides or herbicides are applied to the premises. 29. HISTORIC PRESERVATION The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify the District Engineer and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed. 12 Park and Recreation Lease Form Developed 1 March 1994 i W911XK -1- 10 -1002 29. SOIL AND WATER CONSERVATION The Lessee shall maintain in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed by the District Engineer. 30. TRANSIENT USE a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited. The Lessee will maintain a ledger and reservation system for the use of any such campsites. b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full- or part - time residence is prohibited, except for employees residing on the premises for security purposes, if authorized by the District Engineer. 31. COVENANT AC aINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fade established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 32. OFFICIALS NOT TO BENEFIT No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company. 13 Park and Recreation Lease Form Developed 1 March 1994 v W911XK -1--10 -1002 This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this Lease. 34. DISCLAIMER This Lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. , 403), or Section 4014 of the Clean Water Act (33 U.S.C. . 1344) 35. SPECIAL movisioNs a. This lease is for public park and recreational activities on the Bird Island Pier located at the Buffalo Harbor Breakwater Project (Black Rock Canal). The activities covered under this lease on the premises include the use of government property for passive park and recreation purposes. b. All construction activities on the premises, including the detailed construction plans and specifications for any structures or improvements, shall be coordinated with the U.S. Army Corps of Engineers, Buffalo District, ATTN: Chief, NY -PA Operations Office prior to the start of construction. Such review is required to insure that the Lessee's construction is consistent with the purpose and integrity of the Buffalo Harbor Breakwater project including the Black Rock Canal and is not intended as a detailed engineering review. The Federal Government assumes no responsibility or liability for the technical sufficiency of the Lessee's construction. 14 Park and Recreation Lease Form Developed 1 March 1994 d`i W911XK --1-10 -1002 IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this day of , VICTOR L. KOTWICKI Chief, Real Estate Division Detroit, Buffalo and Chicago Districts THIS LEASE is also executed by the Lessee this day of , , THE CITY of BUFFALO, NEW y®RK (signature) (typed name) (title) APPROVED AS TO FORM ONLY i � 1 colior a oo bo f F 15 Park and Recreation Lease Form Developed 1 March 1994 r7 r *s 1 LL loo c c Y• cr ul ci "-z C% LU L co a a � fxk --- as LL. 0 I I M r h Z&A , 4 w 04 04 * Y ,-, Yi.. I. jr L 77 n, • % % Off 4 r Ln tO MM M jr L 77 n, I CONTRACT BETWEEN THE UNITED STATES OF AIIERICA AND THE STATE OF NEW YORK AND CITY OF BUFFALO FOR RECREATION DEVELOPMENT AT THE BIRD ISLAND PIER, BUFFALO, NEW YORK THIS CONTRACT, entered into the 16th day of April, 1955, by and between the UNITED STATES OF AMERICA (hereinafter called the "Government "), repre® rented by the Contracting Officer executing this contract and th STATE OF NEW YORK, (hereinafter called the "State ") and the city of Buffalo, (hereinafter called the "City ") WITNESSETH THAT: WHEREAS. the construction of the Bird Island pier occurred in the early 1800,8 as part of the Erie Barge Canal., the pier was conveyed to the Federal government from New York State in 1905 in connection with properties required for construction and operation of the Black Rack Lock and the Corps Of Engineers has been responsible for its maintenance and, WHEREAS, construction of lour level elevated walkways to provide safer public access to the Bird Island Pier (hereinafter called the "Project ") is authorized by Section 4 6f Flood Control Act of 1944, Public Law 78 ®534, 58 Stat® 590, 16 U.S.C. 460d, as amended and in accordance with the east sharing principles Of the Federal Water Project Recreation Act, Public Lair 5972, 79 Stat, 213 and, Im �;: WHEREAS, the City will provide without cost to the United States Government all lands, easements, and rights-of-way required for construction and subsequent maintenance of the project and for aids to navigation and, WHEREAS, the City is authorized to administer project land and water areas for recreational purposes, and operate, maintain and replace facilities provided -for such purposes and is empowered to contract for such purposes,. and is empowered to contract in these respects. Now THEREFORE, the parties agree as follows: ARTICLE 1 - DEFINITION OF T ERMS . For the purpose of this contract cer- tain terms are defined as follows: a. First c osts , used interchangeably with the terns "capital costs" and "project costs ", is the initial capital cast of the project, including: engi- neering, design, supervision and administration, and construction, b. Separable costs are those costs incurred because of the development of recreations iiC . e project, ARTICLE Z ® LANDS AND FACILITIES. a. The Government agrees to design and construct the project to provide for optimum enhancement of general, recreation consistent with other authorized project purposes. Construction will include, low-level elevated walkways, 3 refuge platforms, posts and bandrailings with ring buoys and culverts to provide for water flew from the canal to the Niagara Rivera ba All recreation facilities proposed for cost-sharing are located on lands required for the navigation portion of the project (under Corps responsibility). c. The City will be required to provide 101 parking spaces on Squaw Island to accommodate anticipated visitation. In addition, adequate sanitary facilities must be provided and maintained by the City. These facilities can be the portable type and at a minimum 3 of these units are required. The City will have time parking spaces and sanitary facilities in place, open to all on equal terms, and operable by 30 October, 1986 or upon completion of construction which ever is later. d. The Government will make available by lease, substantially in accor- dance with Exhibit A, to the city of Buffalo for management and administra- tion, the use and occupancy of approximately 6,688 feet of Bird Island Pier (more fully described in the Recreational Resource Master Plan, dated April 1985), together with facilities located thereon and constructed pursuant to this contract. No provision of this contract, including this subparagraph shall merge into any such lease, but each and every obligation of each party hereto shall remain in full force and effect unless altered by mutual agreement or Article 10 hereof. r= t J 0 M e. The Government in cooperation with the State and City prepared a plan of recreation development, Exhibit B, which depicts and identifies the types of facilities which the Government, the State, and City will construct In accordance with this contract, The State of New York will provide the funding for the local share required for the development. The presently estimated cost of facilities to be so provided is contained in Exhibit C entitled_ "9stimated Separable Recreation Costs", attached hereto and rude a part hereof, The cost of facilities to be constructed by the Government and the State is subject to reasonable adjustment as appropriate upon completion of construction, Th extent of facilities to be constructed by the City will be in accordance with the results of a study of expected visitation at the project contained in the Recreation Resource Master Plan, Bird Island Pier, Buffalo, New York, dated April 1955, prepared by the Buffalo District, U.S. Army Corps of Engineers. Any sanitation and parking facilities, beyond these to be provided by the City as described in Article 2c, will be provided by the City, All sanitary facilities provided by the City will meet State stan— dards. f. Title to all lands and facilities specifically acquired, developed, or constructed by or with Government assistance to enhance the recreation of the project shall at all times be in the United States. b® The performance of any obligation or the expenditure of any funds by the Government under this contract is contingent upon Congress making the necessary appropriations and funds being allocated and made available for the work required hereunder. ARTICLE 3 CONSIDERATION AND PAYMENT. The Government and the State will each pay in cash fifty percent (50%) of the separable first costs of recreation development. a. Development of Facilities. Fifty percent (50Z) of the estimated separable first costs of rcreatirtrn facilities is estimated to be $620, at FY 85 price levels. Prior to the first Government expenditure hereunder and again prior to the commencement of each Government fiscal year thereafter, the Government Contracting Officer shall calculate the estimated expenditures which each party shall have made through the end of such period. If the total estimated expenditures by the Government shall exceed those of the State, the State shall pay to the Government such sum as will equalize the expenditures of both parties. In computing cash expenditures, there shall not be consideration of contributions In kind such as lend or facilities. Upon completion of recreation development, an adjustment will be made on the basis of actual costs incurred. b. Other federal Funds. No repayment credit of any kind whatsoever will be allowed theth Slate for expenditure financed by, involving, or consisting of, either in whole or in part, contributions or grants of assistance received frora any Federal agency, in providing any lands or facilities for recreation, F s : e. Ad ustments to Reflect Costs. The dollar amounts set forth in this Article are based -... -- .. upon the Government's best estimates, and are subject to adjustments based on the costs actually incurred. Such estimates are not to be construed a representations of the total financial responsi bilites of each of the parties. (Reference Exhibit C). ARTICLE 4 L CONS TRUCTION AND OPERATION OF ADDITIONAL FACILITIES. Certain type of facilities, including but not necessarily limited to restaurants, bait and tackle shops and such similar revenue producing facili- ties may be constructed by the State, City or third parties and may be operated by the State, City or by third parties an a concession basis. Any such construction and operation of these types of facilities shall be com- patible with all project purposes and shall be subject to the prior approval Of the Contracting parties. However, the State or City shall not receive credit for costs of such lands or facilities against amounts due and payable under Article 3, and such facilities and lands shall not be deemed to be developed or constructed with Government assistance for purpose of Article r2(g) and will not count as credit towards cash amounts due. ARTICLE 5 - FEES AND CHARGES. Deleted. Not applicable at this time. ARTICLE 6 - FEDERAL AND STATE BANS. ad In acting under its rights and obligations hereunder, the State and City agree to comply with all applicable Federal and State laws and regula- tions, including but not limited to the provisions of the Davis-Bacon Act (40 U.S.C. 276 a-a(7)); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333); and Part 3 of Title 29, Cade of Federal Regulations. b, The State and City furnish, as part of this contract, an assurance (Exhibit D) that they will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241, 42 U.S.C. 2OOOd, et seq) and Department of Defense Directive 5500.11 issued pursuant thereto and published to Part 300 of Title 32, Code of Federal Regulations. The State and City agree also that they Will obtain such ,assurances from all of their concessionaires. C. The State and City shall comply with the applicable provisions of the "Uniform Relocation Assistance and Real, property Acquisition Policies Act of 1970,. Public Lawn 91 ®646, approved 2 January 1971, in the acquisition of lands, easements, and rights-of-way necessary for the construction and sub- sequent Maintenance of the project and inform affected persons of pertinent Policies, regulations, and procedures in connection therewith. ON AND AfAIAt3CE. ARTICLE 7 OPER ATION NTEN .. as The City shall be responsible for operation, maintenance and replace- ment without cost to the Government or the State, of all facilities developed and constructed to support project recreation. The City shall maintain all project lands, waters and facilities in a zianner satisfactory to the Contracting Officer and pursuant to the provisions of this contract. 4 i bo For the lands and waters to be made available pursuant to this contract, the City will prepare, and upon approval of the Contracting Officer, implement plans and programs for effective management of the resour- ces of the project, including but not limited to, regulations prohibiting: discharge of pollutants; control of pests, and maintain the area in an attractive and sanitary condition. m co The City will be required to maintain data on the safety ,record at the pier. These statistics will be provided to the Buffalo District, Corps of Engineers, on a calendar year basis commencing once construction is completed, for the project life. The report will be submitted 60 days after the calendar year and will provide data shoran in Exhibit E of this contract. ARTICLE S REL EASE OF CLA a. The Government and its officers and employees shall not be Liable in any manner to the State or City for or on account of damage caused by the development, operation, and maintenance of the general recreation facilities Of the project. The State and City hereby releases the Government and agrees to hold it free and harmless and to indemnify it from all damages, claims, or demands that * may result from development, operation and maintenance of the general recreation areas and facilities. b. The State and City shall require its concessionaires to obtain from an insurance company licensed in the State and acceptable to the Government, liability or indemnity ,insurance providing for minimum limits of $300,000 per person in any one claim, and an aggregate limit of $500,000 for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, and $50,000 for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between the State or City and it con- cessionaires. ARTICLE 9 -- TRAN SFER OR ASSIGNMNT. The State or City shall not transfer or assign this contract nor any rights acquired thereunder, nor grant any interest, privilege or license what- soever in connection with this contract without the approval of the Secretary of the Army or his authorized representative except as provided in Article 4 Of this contract. ARTICLE 10 -° DEFAULT. In the event the State and City fails to meet any of its obligations under this agreement, the Government may terminate the whole or any part of this contract and any lease or license granted to the State or City for accomplishing the purpose of this agreement. The rights and remedies of the Government provided in this Article shall not be exclusive and are in addi- tion to any other rights and remedies provided by law or under this contract. W ARTICLE 11 °° E=iINATiON OF R ECORDS , The Government and the State and City shall maintain books, records, documents, and other evidence pertaining to costs and expenses incurred under this contract, to the extent and in such detail net costs as will properly reflect all , direct and indirect, of labor, materials, equipment, suppli and services.and other costs and expenses of whatever nature involved therein® The Government and State and City shall make available at their offices at reasonable times, the accounting records for inspection and audit by an authorized representative of the parties to this contract during the period this contract is in effect. ARTICLE 12 °- RELA TIOZISHiF OF PAR The parties to this contract act in an Independent capacity in the per- formance of their respective functions under this contract and no party is to be considered the officer, agent or employee of the other ARTICLE 13 - INSPECTION, The Government shall at all times have the right to rake inspections con- cerning the operation and maintenance of the lands and facilities to be pro- vided hereunder® ARTICLE 14- OFFICIALS NOT TO BENEFIT, No umber of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this .contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. ARTICLE 15 ® COVENANT AGAINST CONTINGENT PEES, _.. ......_.. The State and City warrant that no perso or selling agency has been employed or retained to Solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent f excepting bona fide employees or bona fide established commercial or selling agencies maintained by the State or City for the purpose of securing busi- ness® For breach or violation of this warranty, the Government shall have the r ight to annul this contract without liability or in its discretion to add to the contract price or consideration, or otherwise recover, the full amount of Such commission, percentage, brokerage, or contingent fee, ARTICLE 16 - ENVIROMIENTAL QUALITY, a, In furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law 91-190, 42 U.S.C. 4321, 4 331.4335) and Executive Order 11514, entitled "Protection and Enhancement of Environmental Quality," 5 March 19701 (35 Federal Register 4247, 7 March 1970) the Government and the State recognize the importance of preservation and enhancement of th quality of the environment and the elimination of environmental Pollution. Actions by either party will be after consideration 2 03 '85 11: 41 DAEN-air-Aw ARTICLE 17 — EFFECTIVE DATE® ....... ,..... , ..... This contract shall take effect upon approval by the Secretaq of tha Army or his authorized repre entativeo IN WITNESS WHEREOF# the parties hereto havffi executed this contrast as of the day and year firat above written, DDT THE CITY OF BUFFALO ° APPRhIOV: DATE `A qty JR, Maj o�r I or S w . CERTIFICATE OF AUTHORITY I, Job . n 0. McKirchy � Assistant Attorney for the City of Buffalo, State of New York, being Chief Legal Officer for said city, hereby certify as follows: a. That I have reviewed the foregoing document entitled "Contract Between the United States of America and the State of New Fork and city of Buffalo for Recreation Development at the Bird Island Piet, Buffalo, NY." b. That the City is a legally constituted public body organized in accor— dance with the statutes of the State of New York. c. That the governing body of the City authorized and directed that the aforementioned Agreement be duly executed on the part of the City, as attested by the certified copy of a Resolution attached to the said Agreement. d. That in my review of the said Agreement I an of the opinion that the city of Buffalo has the financial capability to meet the requirements of the Said contract and pay the damages if necessary in the event of failure to perform. e. That it is my considered opinion that the said Agreement, when fully executed by the parties thereto, will become a binding contract subject to the lags of the United States and the State of New 'fork. f. That the person who has executed the contract on behalf of the city of Buffalo has acted within his authority to bind the City. DATE _ 4 / 18/ 85 By � torney for ity of Buffa �y F] J Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 14, 2010, be received and fled; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and the Department of the Army, for use of the Bird Island Pier at Buffalo Harbor Federal Navigation Project (Breakwater Project — Black Rock Canal) for twenty -five (25) years commencing on April 16, 2010 and expiring April 15, 2035. Funds for the administrative expenses of $1,200.00 are available in Account #10314006 - 480000. The Director of Real Estate is authorized to furnish a statement of self-insurance. That the Mayor be, and he hereby is authorized to execute the same. Passed TAB:mv TAwpWmsworaVmv15e5- 25a.dm AYE NO FONTANA FRANCZYK GOLOMBEK HAY NES KEARNS LOCURTO 3t '7C PJ["RA RUSSELL SMITH Maj - 5 2/3- 6 314 - 7 0000 7 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 17, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 551 Best, 99' E Johnson Lot Size: 31'x 126' Assessed Valuation: $1,900.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Reza[ Alam and Mrs. Airin Alam, 543 Best Street, Buffalo, New York 14208 to purchase 551 Best Street. Mr. and Mrs. Alain own and reside at 543 Best, which is adjacent to 551 Best. They intend 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 purchasers. Mr. and Mrs. Cox have commissioned Ms. Patricia Swan, Real Estate Appraiser of Arrow Appraisal Service, 5266 Seneca Street to estimate the Fair Market Value of the subject property. She has estimated the Fair Market Value to be One Thousand Six Hundred Dollars ($1,600.00), Forty Two Cents ($.42) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. and Mrs. Alam have agreed and are prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Forty Two Cents ($.42) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 551 Best to Mr. and Mrs. Alain in the amount of One Thousand Six Hundred Dollars ($1,600.00). 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. ii7 ;�J��ii�►�ii���i.1�_�7�IeT� ►1�1 TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck ReportsaleW best JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE_O STRATEGIC PLANNING AYE NO * FONTANA * FRAN CZYK * GOLOMB * HAYNE � * KEARNS * � LO U TO RIVERA RUSSELL * S TH Maj - 5 * * * td 2/3- G 314- 7 :1 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 17, 2010, be received and filed; and That the offer from Mr. Rezal Alain and Mrs. Airin Alain, residing at 543 Best street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 551 Best, 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. 6 TAB:nnv tA%vp60' ubswordVmv16e5- ZSa.doo 000`3 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 25, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 294 Hudson, 135' NE West Lot Size: 50' x 110' Assessed Valuation $6,700.00 298 Hudson, 77.50' SW Plymouth Lot Size: 37'x 110' Assessed Valuation: $5,300.00 302 Hudson, 40.50' SW Plymouth Lot Size: 37'x110' Assessed Valuation: $5,300.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Stephanie Simeon, Executive Director, Heart of the City Neighborhoods, Inc. (HOC), with offices located at 42 Plymouth Avenue, Buffalo, New York 14201 to purchase 294, 298 and 302 Hudson Forest. HOC will acquire the vacant lots for the construction of two townhouse structures that will consist of two and three bedroom units each with adequate parking facilities. Total project costs will be One Million Five Hundred Thousand Dollars ($1,500,000.00). Funding for this project has been approved by New Your State Department of Housing and Community Renewal (NYDHCR). The Office of Strategic Planning Land Use Planning Committee, City of Buffalo Planning Board, 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 received a purchase contract from HOC for the three lots in the amount of Sixteen Thousand Dollars ($16,000.00). The purchase price of the parcels is the amount established by a real estate appraisal. I am recommending that Your Honorable Body approve the sale of 294, 298 and 302 Hudson to Heart of the City Neighborhoods, Inc. (HOC) in the amount of Sixteen Thousand Dollars ($16,000.00). 1 aryl 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 Repsaleconcur294 ,298 &302hudson /re JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC9 LANNING i ��k AYE NO FONTANA FRANCZYK GOL®E YNES x KEARNS LOCURT® RIVERA RUSSELL S NUTH Maj ®5 213- 6 3/4- 7 '� OG ° 03 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 17, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 218 Orlando, 160'S Seneca Lot Size: 30'x 110' Assessed Valuation: $2,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joseph Higgins, 205 Merrimac Street, Buffalo, New York 14214 to purchase 218 Orlando. Mr. Higgins owns a building at 208 Orlando and vacant lot at 206 Orlando, which are adjacent to 218 Orlando. He intends to use the property for future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Seven Cents ($.57) to One Dollar and Twenty Cents ($1.20), per square foot. Mr. Higgins has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100.00), Sixty Two Cents ($.62) 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 218 Orlando to Mr. Joseph Higgins in the amount of Two Thousand One Hundred Dollars ($2,100.00). 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 Repsale29 Soriandolsales JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 4 �3 4 , May 18, 2010 Mr. Mark Jaskula Sr. Legislative Assistant Common Council City of Buffalo City Hall — Room 1413 Buffalo, NY 14202 Amendment to Fruit Belt Urban Renewal Area Dear Mr. Jaskula: On behalf of the Office of Strategic Planning, I am writing to offer full support of the petition to amend the Fruit Belt Urban Area Boundary as noted in item #71 C.C.P. of May 11, 2010. Should you require any further information, please do not hesitate to contact me. Respectfully, €°I T THE COMMIT ON LEG ISLA TI ON. Andrew M. Eszak, AICP CC B. Mehaffy 1 920 City Hall e 65 Niagara Square e Buffalo, New York 14202 -3376 e (716) 851 -5035 e FAX: (716) 854 -0172 000 . L I # 1 (Rev. 1153) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 14, 2010 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk for use of 2334 Main Street - School No. 54 District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) TEXT (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School No. 54, located at 2334 Main Street, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. The Law Department was also contacted and they have requested that the Utility Rider they have supplied be attached and included as part of the easement agreement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. TYPE DEPARTMENT HEAD NAME JOHN P. HANNON, JR. TYPE TITLE: DIRECTOR OF REAL ESTATE go F E OFST GIC PLANNING SIGNATURE OF DEPARTMENT HEAD ��- JPH:plg C pease /ceaseSCH54234MAI N y� [�T /, }t ,ry�g,�y���s a GRANT OF YA {'WNT NN j City of Buffalo, 65 NiagaraSq., Buffalo IVY (hereinafter referred to as "Granter"), for consider and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowle Mg s , is to NIAGARA MOIIA VVW POWER CORPORATION, a New York corporation, having an address at 300 Brie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee " ), for Grantee and its lessees, licemees, successors, and assigns, the perpetual right and easement as described in Section 1 below (the "Easement") in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (tire "Grantor's Land") Section 1 —D scri tiorn of th FpLeffleut. The "Easement" granted by the Grantor to the Grantee consists . of a perpetual easement and right-of-way, with the right, privilege, and authority to: a. Construct, reconstruct, - relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric facilities including a line or lines of wires or cables (either direct - buried or installed in underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground wires, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtureR and appurtenances (collectively, the "facilities "), which the Grantee shall require now and from time to tithe, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in. Section 3 below (the "Easement Area "), and the highways abutting or running through the Grantor's land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Basement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefore, clear and keep cleared, by physical, chemical, or other means, the Easement Area of any and all trees, vegetation, roots, aboveground or belowground structures, improvements, or other obstructions and trim and/or remove other trees, roots anal vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the full width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement, flop 2 – DMcriptlotn of Grantor's baud The "Grantor's Land" is described in a certain. Deed recorded in the Erie County Clerk's Office one August 22, 1963 in Libor 6921 of Deeds at Page 515 and consists of land described as being part of Tax Parcel No. 89.512 -1 of the City ofBuifalo, County of Erie, New York, and part of Lot No.66, Township 11, Range 9 of the Holland Land Company, commonly known as 2334 Main St. S tlorn 3 v Location of the gas emen #Area `the "Easement Area" shall consist of a portion of the Grantor's Land 10 feet in width throughout its extent, the centerline of the Easement Area being the centerline of the Facilities. The general location ofthe Easement Area is shown on the sketch entitled Exhibit "A ", which sketch is attached hereto as Exhibit A and recorded herewith, copies ofwhich are in the possession of the Grantor and the Grantees. The final and definitive location(s) ofthe. Easement- Ares.shall- bec by and-upon -the -final Wtgpation and - erection. ofthe- FacUities.by -the Grantees — in substaa tial compliance with ib"t hereto. ec#io 4 -- ar, ties wnersh . It is agreed that the Facilities shall remain the property of the Grantee, its successors and a S%tlotn 5 – General Provisions The Grantor, for itselfi its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area without the prior written consent of the Grantee, it being the intent that the Basement herein conveyed is intended to prohibit the longitudinal or parallel - Thk Grant of Easement Is made gad accepted subject to all of the provisions of the tItlltty Rider which bout beers attached hereto and Is berby made a gr8 `hereof. Page 1 J usq or occupancy of said Easement Area by surface or subsurface activities or structures which might damage or interfere with the Facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee's prior written consent; the present grade or ground level of the Easement Area will net be changed by excavation or filling; the Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land. The Grantee, its successors and assigns, are hereby expressly given and..granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Gram of Easement. IN WITNESS WHEREOF, __-__ day of _ , 2010, State of New York ) ss: County of ) have hereunto set . hand(s) and seal(s) this City of Buffalo Hy: (IS) Signature of Grantor Title. (LS) On the day of in the year 20 , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(les), and that by his/her /their siguature(s)_on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, Notary Public Complete for ALL Grantors: Please print name and address of Grantor(s) (If Grantor is other than an individual(s), print name and address of Company and include name and title of signer): . _..... _... _ ... ...._ .. _.. _ . _ ......... .... _....._.....,. _ .._ . _ .._. .. _.. Name(s): Address: Company: City/Village /Town: Title: State: Zip Code: Page 2 APPROVED AS TO FORM ONLY IUTTLITY EASEMENT RIDER �D�07Yl6fa92 0 9?,� Y The provisions in this Rider are an integral part of the easement instrument ( "Easement ") to which it is attached, and supersede any conflicting provisions in the Easement if such conflict exists. "Owner" means the grantor of the easement,rights and any future owner of the property. "Grantee" means the grantee of the easements rights - and any person attempting to exercise such rights. u 1) This is a non - exclusive easement. 2) All construction, installation, operation, maintenance, repair, replacement or removal'by Grantee shall be at no cost to the Owner. 3) All improvements, fixtures and equipment in the easement area shall be installed below the ground surface and shall not be visible from the surface unless specifically indicated to the contrary herein or shown on an attached drawing. 4) If the surface of the easement area or of Owners property or if any improvements thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5) Owner and its successors or assigns shall have the right to use the land within the easement in any manner which dries not interfere with the rights of Grantee; including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. 6. Grantor hereby reserves the right to relocate from time to time -all or any portion(s) of the Easement Area, provided the relocated Easement Area is reasonably adequate for Grantee's purposes as aforesaid, and provided that, if such - relocation -of all -or a- portion- of-tho -E ment Area- necessitates in- Grantee's sole discretion, the relocation of any facilities of lo cated within the Easement Area, that Grantee relocates such facilities at Grantor's cost gnd oxpense. In such event, Grantor 'and Grantee shall execute, deliver and record an instrument in recordable form evidencing such relocation of the Easement Area. Page 3 t R� '' yya -NjJYh� }T 'S Y G� New Wood �` ��,"�' �� Lands of Pale with chor. ry 235�4R �9 g y� � 8 7 a�d °Fi ^1 QF 'k N Or Page 4 jill APPR0117 -M w F N - REMwt O)ag o O NM- 474.80' A4FAS �G N2J46R ,}p 27A To THE LY UN€ OF UBER 8433. PAGE 680 — - ASPHALT PPRL6OMEG TRANSFORMER c PROPOSED 4a,oG` IMO Y PRGPO5ED e WEMENr ENCL.05E0 - CGQiERATOR 18.9 Page 5 8 PUB MW Cff OF SOFFAL0 PG8LT6 SCHOM 54 - ASPHALT f NAW CITY (W 6GPFAW 5% tl9b TAli£ 02 RV _ W P W aUrV SURVEY WAS P'VKMRN£U $V - \\ 6k 12 - R£#(iRAlt A NiY9CR R3 PC. - - VfitRt6tiU: &TMW TM OOCumw is 4€ 346 Hdan. Heir Yurie 44864 .w' - 5 TI%C 6F THE LAY E (COrIM AS Ph; 73tl 657 -6449 FbLc TO 07 -9526 - � - � — a mgt tia — WE MSC, 1 /rr/zolo SHM I 1 OF F UM 67 . &M 200 \ Mmo 1 VuEu€umow ,W RD. taueom VA K. . r• - Se' V ASPHALT (�� �% - `[r __35.04' 17WIS'52' \ . T ow sW tlR. ASPH- COW �WXH' Page 5 8 PUB MW 54 - 2358 VA4 STREET CITY (W 6GPFAW - W P W aUrV SURVEY WAS P'VKMRN£U $V - e . ' R£#(iRAlt A NiY9CR R3 PC. - - VfitRt6tiU: &TMW TM OOCumw is 4€ 346 Hdan. Heir Yurie 44864 - 5 TI%C 6F THE LAY E (COrIM AS Ph; 73tl 657 -6449 FbLc TO 07 -9526 - THE R 1VR 3TATe Ei1 TION IAW MSC, 1 /rr/zolo SHM I 1 OF F UM 67 . &M 200 \ Mmo 1 VuEu€umow ,W RD. taueom VA K. . r• - Se' dab 6r . VM Page 5 Jan 27 2010 8 34A 110 P. 2 s PROPOSED DESMIPTION UTIVff EASEMENT ALL THAT TRACT OR OARCEL OF LAND situate In the City of Buffalo, County of Erie and State of:New York being part of Lot 66, Township 11, Range B of the Holland Land Company's Survey, hounded and described as follows: BEGINNINGS at a point In the southwesterly extension of the northwesterly dine of lands deeded to the fifty of Buffalo by peed recorded In the Erie County Clerk's Office In Llber 6943 at page 680, said point being 270 feet, more or less, from the northwesterly corner of said uber 6943, page 6W, thence southeasterly at an exterior angle of 93 a distance of 38.75 feet to a point, thence southwesterly at right angles a distance of 42-00 feet to a point' thence northwesterly at right angles a distance of 36.13 -feet to a point; thence northeasterly a distance of 42.06 feet to the point or place of beginning. OA; 2008020 \UTIL.EASE. 1/15/2010 3 -j Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 14, 2010, be received and Bled; and That the Director of Real Estate be, and he hereby is authorized to enter into an Easement Agreement between the City and Niagara Mohawk to allow and provide for electrical upgrades to School No. 54, located. at 2334 Main Street. That the Acting Corporation Counsel be authorized to prepare the necessary easement agreement and that the Mayor be authorized to execute the same. Passed IN TAB.mv T:lwp6Mmswor&rmv19c5- 25a.doc AVE NO FONTANA FNCZYK GOLOEK HA S x ]KEARN . a� LOCURTO RUSSELL STH ajm5 2/3- 6 3/4- 7 �` FROM THE COMPTROLLER May 25, 2010 0 6'1 # 1 (Rev.l /93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DATE: May 20, 2010 Audit and Control DNISION: SUBJECT: [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW Accounting Additional Information on Federal Financial Assistance This is to advise that a copy, of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2009 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Conway Porter, CPA PC for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or August 20, 2010. CC- TYPE DEPARTMENT HEAD NAME: Andrew A. SanFilippo TYPE TITLE: Comptroller SIGNATURE OF DEPARTMENT HEAD j Gasiugle audit fifing .doc REFERRED THE COMMITTEE ON FINANCE. 000, TO: THE COMMON COUNCIL DATE: May 20, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Affordable Housing/Neighborhood Stabilization Grants Item No. 8, C.C.P., May 11, 2010 The Common Council has requested a response from the Department of Audit and Control regarding three affordable housing grants totaling $1,772,000 and one Neighborhood Stabilization Grant for $1,589,000, awarded to the Office of Strategic Planning and /or BURR. The Comptroller's Office has no objection to accepting these grants or entering into the agreement as prescribed in the Council Communication. Additionally, we encourage timely execution and administration of funds awarded in accordance with the grant specifications. Upon receipt of the grant money, the Office of Strategic Planning and /or BURA should inform the Accounting Division of all necessary information and documentation in order to properly facilitate fiscal grant reports. If you have any further questions on this matter, please feel free to contact the Comptroller's office. DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: SIGNATURE: REFERRED TO THE COMMITTEE N ' F C n V 0 V .L ' TO: THE COMMON COUNCIL DATE: May 20, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Audit Report --µ Substance Abuse Services Financial Procedures In July 2009, the Department of Audit and Control was anonymously notified of thefts that occurred within the Division of Substance Abuse Services. The first incident occurred on December 19, 2008, which reported $831 missing. A second incident occurred on June 17, 2009, of which $585 was reported stolen from the Clinic's front desk. A police report was filed and statements from the staff were taken; however, it is undetermined whether the theft was caused internally or externally. As a result of the above incidents, on October 7, 2009, the Division of Audit reviewed collection procedures, recordkeeping and safekeeping of cash receipts at the following (2) locations: Fillmore /Leroy Clinic and North Street Clinic. We found that the Division of Substance Abuse Services cash collections policies as written address many of the issues we discovered, however consistent enforcement of these policies has been problematic. At the clinics we visited the first time, improvements were made, but the changes did not appear to filter to the Genesee/Moselle Clinic which we did not visit during our first round of review. Cash collected from the clinics and deposits for the City Treasury must be made in a regular and timely manner. Emphasis on consistent procedures and monitoring of these procedures needs to be implemented by management. In the future, any cash shortages or financial concerns that arise, the Division of Audit should be contacted immediately and asked to verify funds on hand. An exit conference was held with the Commissioner of Community Services and Recreational Programming on April 22, 2010. We then heard in greater detail of some of the operational problems that seem to hamper the effective implementation of some solutions. The full utilization of computerized systems and procedural changes are being challenged by the staff. It is an unfortunate circumstance that unnecessarily hinders efficiency and practicality. The Commissioner prepared a written response, which is appended to the report. She did not disagree with the findings of the report, and was receptive to the recommendations contained therein. We would like to thank the Commissioner and her staff for their cooperation and receptiveness. 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 CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL AUDIT OF FINANCIAL PROCEDURES OF THE DIVISION OF SUBSTANCE ABUSE SERVICES ANDREW A. SANFILIPPO COMPTROLLER For the Fiscal Year 2009 — 2010 CITY AUDITOR MAY 2010 V The Division of Substance Abuse Services In July 2009, the Department of Audit and Control was anonymously notified of thefts that occurred within the Division of Substance Abuse Services. As a result, further information was requested from the Commissioner of Community Services and Recreational Programming. A reply was received on August 5, 2009. There were two incidents reported, both occurring at the North Street Clinic. The first incident occurred on December 19, 2008, which reported $834 missing. An envelope of cash was left over the weekend at the clinic site "underneath the kitchen sink "; the next business day an employee discovered the cash missing. A police report was filed and indicated "no sign of any forced entry ". A second incident occurred on June 17, 2009, of which $585 was reported stolen from the Clinic's front desk. A police report was filed and statements from the staff were taken; however, it is undetermined whether the theft was caused internally or externally. As a result of the above incidents, on October 7, 2009, the Division of Audit reviewed collection procedures, recordkeeping and safekeeping of cash receipts at the following (2) locations: Fillmore/Leroy Clinic and North Street Clinic. A follow -up visit was made on November 18, 2009 to the Fillmore /Leroy Clinic and initial visit was made on the same day to Genesee/Moselle Clinic. 1Backg ound The City of Buffalo Division of Substance Abuse Services (DSAS) was instituted in 1975 to provide services to citizens for substance abuse, alcohol treatment, education and case management services. The Division of Substance Abuse Services receives funding from the City of Buffalo as well as Medicaid reimbursement from New York State. A Medicaid Escrow account is available for the purchase of office equipment i. e., laptops, furniture. These purchases require prior approval from New York State and the City of Buffalo. The Division of Substance Abuse Services consists of twenty -one employees assigned to the three counseling clinics as follows: North Street Clinic located at 191 North Street /Suite 110 has ten staff members: (2) Counselor 111, (1) Senior Counselor, (1) Clinical Support Nurse, (2) Reimbursement Specialist, (2) Account Clerk- Typists, (1) Director of Counseling and (1) Director of Substance Abuse Services. This site also serves as the Central Administrative Office. Fillmore/Leroy Clinic located at 60 Central Park Plaza has five staff members: (1) Stenographer, (1) Clinical Counselor, (1) Senior Counselor I and (2) Counselor III. Genesee /Moselle Clinic located at 1531 Genesee Street has four staff members: (1) Typist, (1) Senior Counselor and (2) Counselor lll. The Division also employs a (1) Medical Director and a (1) Vocational Counselor. Audit Scone An evaluation of the financial procedures and observation of security measures was reviewed for each clinic site. Our evaluation included: • Fee collection procedures and recordkeeping, • Reconciliation of fees and past due collections, Timeliness of pick -up /delivery of the fees collected and deposits with the City Treasury, • Client referrals to the Clinics, • External/Internal security & safekeeping of funds, • Invoice processing procedures, • Work and Revenue Statistics 0 Petty Cash. Audit Findin s � Itecomrr�endations: I. Fee Collection Procedures and Recordkee in A written policy for collecting client fees was established by the Division of Substance Abuse Services, however based on onsite visits it is not consistently followed. Cash payments are collected by an employee assigned to the front desk. In their absence, any available employee may be utilized for this function. Medicaid clients must present a valid New York State Medicaid card which is verified by the employee. The employee records the client fees collected in a pre- numbered 3 -copy receipt book. One receipt is given to the client, a 2" copy is kept by the clinic and 3 copy is submitted with the deposit. Notice of Medicaid clients treated is forwarded to the Reimbursement Specialist for payment submission. We recommend that all three clinics start matching the original receipt book to the Daily Fees for Uninsured Clients Form to actual cash on hand on a daily basis. The cash receipts at the end of the day should be placed in its own separate envelope, sealed and initialed by two different individuals (the counter and the collector) and locked in a safe. By establishing a consistent procedure at all three clinics, any shortages /overages can be identified and resolved quickly. We recommend Administration staff make more unannounced site visits to the clinics to verify cash counts, review receipt books and client past due records to ensure that policy and procedures are being followed. The results (e.g. reconciled worksheets) of site visits should be documented, filed and reported to the Director of Substance Abuse Sci vices. We recommend management review established collection policies and procedures with staff and provide cross - training to all staff involved in collecting cash receipts from clients. ■ Il. Reconciliation of Fees and fast Due Collections The Division of Substance Abuse Services created a Daily Fees for Uninsured Clients form to reconcile client fees to cash receipts. The form is filled out by the Stenographer /Typist and includes; the date, client number, Medicaid Yes/No, balance due, amount paid and receipt number. The form is copied and placed with the deposit envelope that is sent to the North Street Administration Office, the original is filed into a binder that is held at the clinic site. We found no evidence that the Daily Fees for Uninsured Clients form was being matched against the original receipt boob. We found an inconsistency in the procedure of filling out the form at the Fillmore /Leroy clinic. However, it was corrected on our follow -up visit to the clinic site. We recommend that the Administration staff review the form against the original receipt book for any missing information and errors made in recording. If clients are not able to provide payment for their visit, a payment plan is arranged by a Senior Counselor. We found an internal manual log was being maintained to track amounts past due from the clients. The responsibility of recording and reconciling past due collections was left with the person collecting the fees at two of the clinics visited. We also found after examining documents at the Genesee/Moselle Clinic, several clients had past due balances; for example one client had a past -due balance of $300. We found no evidence of any established procedure for verification of revenue or accounts receivable due with actual clients treated. We recommend the Division of Substance Abuse Services enforce the policy and procedures for client past due fees as presented in the "Policy and Procedures for the Collection of Patient Fees ". The policy states "if the patient falls behind in payments, the Clinic secretary will inform the counselor who will address the past due fees with the patient to prevent the patient from getting to the place where the fees become unmanageable. The patient should not be allowed to get more than $28.00 behind in payments... If there is no change in patient's financial situation, then a payment plan will be arranged and approved by the Division Director and/or the Director of Counseling ". Recognizing that most of the clients of these clinics are likely to be considered "low income ", accruing large balances represents a risk for the clinic and a hardship for the client. DSAS staff should have the appropriate means to track what a patient owes at the time of service. We also recommend that Counselors consider using log books to track clients treated which would enhance the daily reconciliation process by providing a third verification source of the client's information. We recommend the Division of Substance Abuse Services work with the Department of Management Information Systems to develop a computerized system of tracking receipts, payments, client ID numbers and past due fees or purchase a commercial software package. A computerized system reduces human error caused by manual recording and allows for segregation of recording, reconciliation and custody of cash assets. III. Timeliness o Pick- UplDelivery offees and Deposits to City Treasur � Cash is collected from the clinics by the Reimbursement Specialist or Account - Clerk. Typist from North Clinic Administration who in turn signs a receipt for the cash given by the individual clinics. The cash deposit is then prepared by the Reimbursement Specialist and taken to the City Treasury. At the end of the day, each employee at the individual clinic reconciles the accumulated cash receipts to the Daily Fees for Uninsured Clients Report and transfers the envelope into a secured area. We found prior to our cash count at the Fillmore /Leroy Clinic, the last pick -up was from 1019109 to 10/21/09 for $478.50; this money was deposited on 11/5109. Prior to this, another deposit was made for the time period of 9/8/09 to 10/8/09 for $962. We found during a follow -up visit that approximately more than $100 was left at the clinic sites for more than 15 days. We found at the Fillmore /Leroy Clinic an envelope containing multiple days' worth of un-deposited cash receipts. On our follow -up visit, there was $438 dollars, from 10/23/09 through 11/18/09. At the Genesee/Moselle Clinic we found that some cash receipts were kept loosely, some in unsealed envelopes and some money was without receipts. A cash count revealed that $1,117 was kept at the Clinic site, from 10/23/09 through 11/18/09. The cash accumulated at both clinics and non - deposit of cash receipts violates the (Amended) Substance Abuse Collection of Client Fees Policy. The policy states "when collection reaches $100, staff will submit monies to the Reimbursement Specialist ". We recommend the Administration enforce the departmental policy of collecting cash when the threshold has been reached. Timely deposits of cash should be made and immediate deposit should be made by the Reimbursment Specialist once the $100 threshold has been met. We also recommend collecting money orders from clients for visits due to the incidents of thefts. By collecting money orders, the chance of internal/external theft can be reduced and employee safety is enhanced. In addition, Medicaid reimbursement checks are physically received by the Administrative Office. We found on our site visit to the North Clinic on October 7, 2009, a check of $14,667.66 had been received. The check was deposited to the City Treasury on October 15, 2009. It is expected that all checks received be deposited within a reasonable time period, (generally within 24 hours) to the City Treasury. IV. Externalllnternal Security & Safekeepin of non - deposited Funds The auditors did observe some weak areas of security at all three clinics sites; e.g. lack of safes, unlocked doors, and a lack of internal camera system. � o We recommend purchasing a combination safe for all the clinics. We recommend all doors to the reception area, desks, and filing cabinets be locked at all times. Also, a safety review should be conducted for all three clinic locations and improvements should be made based on those results. V. Client Referrals We found that all three clinics receive referrals from the Courts, probation officers, lawyers and other community -based diversionary programs, such as Back to Basics. There are, however, many no- shows. We found that only one clinic (Genesee /Moselle) documented the referral source at the time appointments were made. Lacking that information makes it difficult to verify the effectiveness of monies spent on referral contracts with outside sources. We recommend that all clinics begin recording referrals at the time appointments are made. By recording referral sources, no -show clients can be linked to their specific source and a determination can be made whether these services are effective and should be discontinued, particularly with external agencies funded by contract. VI. Invoicine Procedures Upon review, various accounts payable invoices submitted by the Division of Substance Abuse Services to the Division of Audit and the Department of Audit and Control's Accounts Payable Section were found to be reproduced through the use of an Excel template. They were clearly not original invoices as produced by the vendor. DSAS Staff presented them for payment in violation of the City's Accounts Payable payment procedures. The Division of Audit brought this to the attention of the Commissioner of Community Services and Recreational Programming. After a brief investigation, it was determined that there was no intentional wrong- doing. All future invoices will be original vendor invoices (or properly authorized duplicates) or payment will be denied. We recommend that all invoices be originals; otherwise any duplicates should be signed by the Division or Department head and be submitted in a timely manner to the Department of Audit and Control for payment. VII. Petty Cash There is no petty cash fund at the Iiillmore Leroy or at the Genesee /Moselle Clinic. Purchases of supplies are made through the Administrative Office. The auditors did count the petty cash at the North Administration Office and found it was in balance for $500. The petty cash was properly handled by the petty cash custodian (Account - Clerk Typist); it was placed in a locked metal box and locked in a fireproof safe, located within the Administration, office. VIII. PLggram Analysis For the fiscal year July 1, 2008 - June 30, 2009 a total of 17,272 clients were seen at the clinics. Based on 312 actual days open, approximately a total of 55 clients are seen per day or an average of 18 clients per site. :lrily 1 20011 to .trine 30. 2009* 18 Avg Clients per site M q # of Counselors Per site Clients 6806 w," 4590 5876 17272 Clients Per Site 312 Days) 22 15 19 55 % Clients per site 39% 1 27% 34% 1 100% 18 Avg Clients per site .lnly 1. 2007 to .hone 30. 9008* # of Counselors Per site 3 3 3 # of Clients seen per Counselor 7 5 6 .lnly 1. 2007 to .hone 30. 9008* 17 Avg Clients per site *Based on the Consolidated Fiscal Reports prepared by Drescher & Malecki, CPA 2008 -2009 & 2007 -2008 For the fiscal year July 1, 2008 thru June 30, 2009 net revenues totaled $768,076; $29,707 from participant fees, $618,369 Medicaid reimbursement and $120,000 from other sources. Total net expenses of $1,284,538; personal services $563,371; fringe benefits $181,406; supplies $9,811; telephone $10,796; other $96,068; lease /rental equipment $30,771; lease rental property $34,602; agency administration cost of $357,713; and net operating deficit of $516,462. Clients 5938 4419 5568 15925 Clients Per Site 312 Da. s) 19 14 18 51 % Clients per site _....._....._. .... 37% 28% 35% 100% 17 Avg Clients per site *Based on the Consolidated Fiscal Reports prepared by Drescher & Malecki, CPA 2008 -2009 & 2007 -2008 For the fiscal year July 1, 2008 thru June 30, 2009 net revenues totaled $768,076; $29,707 from participant fees, $618,369 Medicaid reimbursement and $120,000 from other sources. Total net expenses of $1,284,538; personal services $563,371; fringe benefits $181,406; supplies $9,811; telephone $10,796; other $96,068; lease /rental equipment $30,771; lease rental property $34,602; agency administration cost of $357,713; and net operating deficit of $516,462. 0 *Based on the Consolidated Fiscal Reports prepared by Drescher & tvlalecki, CPA 2008 -2009 The above figures are from the from Annual Audit report of the Substance Abuse Services Division as compiled by their Auditors (Drescher and Malecki CPA), for the year 200$2009. As reported there was an operating deficit of $516,462.00. The cause was explained by the Department as a condition related to grants issued by the NYS OASAS (New York State Office of Alcohol and Substance Abuse Services). Revenue from grants in prior years were received in excess above expenditures, thus NYS OASAS had offset the advances in 2008.2009 fiscal year. On an annual basis, DSAS must submit a "Compliance Plan" with the New York State Office of the Medicaid Inspector General, for Medicaid certification. A Compliance Officer (Reimbursement Specialist, Account -Clerk Typist or the Director of Substance Abuse Services) selects a committee to investigate, evaluate, report and mare recommendations to the Director of Substance Abuse Services, who in turn reports to the Commissioner of Community Services and Recreational Programming. The Compliance Committee, consisting of administrative staff and service staff, is tasked with overseeing and monitoring the implementation of the compliance plan. The Compliance Committee reviews billing and employee records. The Committee meets four times a year with the Compliance Officer to review adherence to the policies and procedures established and complete a corrective action plan. We recommend considering the possibility of using external committee members rather than having employees review themselves. This should assist in gaining additional insight and recommendations and in obtaining an objective and unbiased review. We also recommend removing the selection of committee members from employees of the Division to the Commissioner and other Division Directors not directly involved in the day to day operations of DSAS. The functions of selecting and supervising the Committee should be segregated in order to maintain the integrity and unbiasedness of the Committee. Revenue Participant Pees $ $ 9 $ 9,804.00 $ 29,707.00 Medicaid $ 216,429.00 $ 197,878.00 $ 204,062.00 $ 618,369,00 Other Revenues $ 42 000,00 $ 38,400.00 $ 39 600.00 $ 120,000.00 Total Net Revenues $ 268,826.00 $ 245,784.00 $ 253,466.00 $ 768,076.00 Total Adjusted Expenses $ 451,833.00 $ 429,280.00 $ 403,425.00 $ 1,284,538.00 Net D eratin Cast (Deficit} $ (183,007.00 ) 1 $ (183,496.00) $ (149,959.00 ) 5 516462.(1[1 *Based on the Consolidated Fiscal Reports prepared by Drescher & tvlalecki, CPA 2008 -2009 The above figures are from the from Annual Audit report of the Substance Abuse Services Division as compiled by their Auditors (Drescher and Malecki CPA), for the year 200$2009. As reported there was an operating deficit of $516,462.00. The cause was explained by the Department as a condition related to grants issued by the NYS OASAS (New York State Office of Alcohol and Substance Abuse Services). Revenue from grants in prior years were received in excess above expenditures, thus NYS OASAS had offset the advances in 2008.2009 fiscal year. On an annual basis, DSAS must submit a "Compliance Plan" with the New York State Office of the Medicaid Inspector General, for Medicaid certification. A Compliance Officer (Reimbursement Specialist, Account -Clerk Typist or the Director of Substance Abuse Services) selects a committee to investigate, evaluate, report and mare recommendations to the Director of Substance Abuse Services, who in turn reports to the Commissioner of Community Services and Recreational Programming. The Compliance Committee, consisting of administrative staff and service staff, is tasked with overseeing and monitoring the implementation of the compliance plan. The Compliance Committee reviews billing and employee records. The Committee meets four times a year with the Compliance Officer to review adherence to the policies and procedures established and complete a corrective action plan. We recommend considering the possibility of using external committee members rather than having employees review themselves. This should assist in gaining additional insight and recommendations and in obtaining an objective and unbiased review. We also recommend removing the selection of committee members from employees of the Division to the Commissioner and other Division Directors not directly involved in the day to day operations of DSAS. The functions of selecting and supervising the Committee should be segregated in order to maintain the integrity and unbiasedness of the Committee. Conclusion We conclude that the Division of Substance Abuse Services cash collections policies as written address many of the problems we have outlined, however enforcement of these policies have been inconsistent at best. At the clinics we visited the first time, improvements were made, but the changes did not appear to filter to the Genesee/Moselle Clinic which we did not visit during our first round of review. This appears to indicate a lack of urgency in applying the needed changes outlined by the auditors or the Department's own cash receiving policies. Cash collected from the clinics and deposits for the City Treasury must be made in a regular and timely manner. Emphasis on consistent procedures and monitoring of these procedures needs to be implemented by management. The Director of Substance Abuse Services is responsible to insure proper and timely cash receipt and deposit procedures are followed, without exception. In the future, any cash shortages or financial concerns that arise, the Division of Audit should be contacted immediately and asked to verify funds on hand, AFTER WORD An exit conference was held with the Commissioner of Community Services and Recreational Programming on April 22, 2010. There was a general discussion of the circumstances which led to the audit and other operational problems. The Commissioner prepared a written response, which is appended to this document. She did not disagree with the findings of the report, and was receptive to the recommendations contained therein. W = I" - - T®: Darryl McPherson, City Auditor FR: Tanya Perrin - Johnson, Commissioner RE: April 6,2010 Audit Report DT: May 4,2010 3 "avow syron Brown Tanya Perrin - Johnson Commissioner. Yvonne James- Corley Division Director I have received and reviewed the audit report dated April 6, 2010. The Division of Substance Abuse Services strives to improve its performance and service delivery to meet our regulatory obligations and treatment services for the residents of the City of Buffalo. The audit report provided an external view of areas which required corrective action strategies to be developed, implemented and monitored. There were areas noted in the audit report that the Division had begun to address;fiscal integrity and policy and procedures. Attached is an itemized response that addresses the audit findings. Thank you for partnering with the Division of Substance Abuse Services to further enhance our ability to meet the requirements of our stakeholders. Cc: Syron gown, Mayor Steven Casey, Deputy Mayor Janet Penska, Commissioner Donna Estrich, Director Yvonne James, Director Fee Collection Procedures and 14ecordkee in The Substance Abuse clinics are responsible for collecting fees from the clients. The locations (Fillmore, Genesee and North Street) have been given a three -part receipt book and a safe that has both a combination lock and a key. A Policy has been created that staff will not provide change for payments. Exact change is required to prevent additional handling of money. The process is; The yeitow copy of the three -part receipt is given to the client for their records, the pink copy stays in the receipt book to be stored for later auditing purposes and the white copy stays with the money given for reconciliation and deposit. The money is verified against the receipts by both the secretary and senior counselor at each location at the end of each work day and kept in the safe until time of deposit. The administrative staff will monitor the clinics to verify the above procedures are being followed. Non - compliance will be immediately reported to the Director of the Division and handled appropriately. Staff will be trained on the policies and procedures for fee collection and record keeping. The training will be done on an annual basis. ,Reconciliation of Fees and Past Due Collections The Reimbursement Specialist is responsible for the collection and auditing of client fees. The receipts, money collected, and the daily client attendance (i.e. daily toxicology form) will be submitted to the Reimbursement Specialist for invoicing and reconciliation, Discrepancies will be reported the Division Director immediately. The Division of Substance Abuse services is currently working with the TenEieven Group to enhance the Electronic Clinical Records software to include monitoring alerts for outstanding balances. This software will track each client's individual service and maintain a cumulative total for the staff. When the threshold of $28.00 is reached, the staff will address the situation in a timely manner. Timeliness of Pick -L1 1Delive of Fees and �e ®sits t® the Citreasu The Division of Substance Abuse Services instituted a policy, that the maximum amount of fees collected and maintained at a clinic is $100.00. If this threshold is reached, it is the responsibility of the Senior staff member to contact either the Reimbursement Specialist or the Account Clerk- Typist for immediate pick- up/drop-off of the money. External /Internal Securit Betakes in of non9de vsited funds As previously stated in Section 1, The Division of Substance Abuse Services has a combination /key safe at each clinic and in the administrative office. Can going monitoring of the processes will be conducted by the Director or designated staff. Client Referrals The Electronic Clinical Records system allows the referral source to be entered immediately when client appointments are made. This links each client directly to their referral source, thereby capturing accurate data. Invoicirr Procedures The recommendations provided to the Division of Substance Abuse Services regarding the processing of invoices are being followed according to the Audit & Control report. The Reimbursement Specialist will submit original invoices for payment. Petfiy Cash Petty Cash is only handled by the Account Clerk - Typist and is maintained according to outlined procedures. Prograrra Analysis The operating deficit found by the Auditors (Dresher and Malecki CPA) of 516,416.00 resulted in the Division of Substance Abuse Services not receiving anticipated advance payments from New York State Office of Alcoholism and Substance Abuse. According to NYSOASAS, for fiscal years 2006, 2007 and 2008, the advance payments exceeded the amount of the expenses. This situation occurred due to staff vacancies, increase in Medicaid reimbursement and decrease in client intakes. This situation has been corrected and the Division of Substance Abuse services received the advance payment based on the NYS OASAS submitted budget figure. Advisory Committee The Division of Substance Abuse Services is recruiting members for the advisory board to serve as a quality assurance team, identify best practice models and provide strategic direction. Conclusion The Division of Substance Abuse Services has made tremendous strides to enhance fiscal integrity. Staff training and development will become a cornerstone as we continue to address the needs of this vulnerable population. We look forward to continuing to develop a positive working relationship with the Division of Audit and Control. jp 0a TO: THE COMMON COUNCIL DATE: May 10, 2010 , FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Comptroller's Budget Response As required under the City Charter, I am ding my comments to your Honorable Body on the Mayor's proposed budget for the 2010 -11. Overall, I believe the Mayor's recommended budget is reasonable given the state of our economy. The budget represents an increase of 2.7% or $9.2 million over the prior year's original adopted budget for both revenues and expenditures. The revenue increase is mostly attributable to an increase in the transfer from the Parking Enterprise Fund of $2.95 million as well as the use of $12.2 million of Fund Balance. The increase in budget appropriations is mostly attributed to the $9.5 million increase in pension costs as well as accounting for salary increases in accordance with settled Contracts. With respect to the use of Fund Balance, we do recognize the need to utilize these resources during this economic downturn whereby we are facing state aid reductions and significant increases to our pension costs. This only highlights the importance and significance of past conservative practice to build up such resources for just this fiscal scenario without unduly burdening the already strained taxpayer. We do, however, caution the use of fund balance on a continuous basis; efforts must be made to identify efficiencies and generate new revenues to replace this reliance going forward. We do note, per our review of the Mayor's Four Year Financial Plan, that gap closing measures have been identified in future years; however, those measures still include dependence on fund balance. In order to retain the high credit rating that we have established over the last decade, we strongly urge the Administration to take such actions necessary so as to eliminate reliance on fiord balance going fopward. We also noted that the $2.95 million increased revenue from the Parking .Enterprise Fund continues throughout each year of the Mayor's Four Year Financial Plan. It should be noted that the Solid Waste fund is not a self - sufficient fund, as was originally intended. It continues to require resources from the General Fund to cover operating deficiencies; the 2010 -11 budget includes a transfer from the General Fund of $3.2 million to cover such anticipated shortfalls. As such, the City taxpayer carries the burden of this enterprise fund. Conceptually, the broader user fee base was anticipated to support the cost of this operation. Upon conference with our outside auditors, we directed the transfer of $15.8 million of Reserved General Fund monies to the Solid Waste fund to eliminate the accumulated interfund liability related to the operating deficit of the Solid Waste fund in the current 200910 fiscal year. We believe overall, based on our review, that the Mayor's proposed budget is reasonable in its estimates of the City's anticipated revenues and expenditures. DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: Comptr r SIGNATURE OF DEPARTMEMT HEAD �. REFERRED TO THE SPECIAL OVA YEE ON' BUDGET 000 CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL, INVESTMENT & DEBT MANAGEMENT OFFICE 1214 CITY HALL BUFFALO NY 14202 ANDREW A. SANFILIPPO COMPTROLLER May 3, 2010 Hon, Richard A. Fontana Lovejoy District Council Member 1414 City Hall Buffalo, New York 14202 )" : 2010 -2011 Budget Hearing Requested Information Dear Majority Leader Fontana: RICHARD F. CALIPARI, CGFM INVESTMENT & DEBT MANAGEMENT OFFICER Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Investment and Debt Management, I hereby submit the following information: e No employees of this division are assigned a mobile telecommunication device. * No employees of this division are assigned a take-home City vehicle. * No employees of this division are assigned or use gas, debit, charge or procurement cards. * Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the Investment & Debt Management Officer over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500) and NYCOM bond training for one employee day trip (transportation $190, registration $80). * No positions are vacant. * No employees of this division receive a separate salary from an allied City agency. * No employees of this division are funded with grant funds. * The division has no personal service contracts. * No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5269. Very truly yours, F. /04 RICHARD F. CALIIPARI, FM INVESTMENT AND DEBT MANAGEMENT OFFICER RC:jm FERRET TOTHIE. SPECIAL ` MI E ON BUDGET ANDREW A. SANFILIPPO COMPTROLLER April 30, 2010 Hon. Richard A. Fontana Lovejoy District Council Member 1414 City Hall Buffalo, New York 14202 000 7 CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL COMPTROLLER'S OFFICE 65 NIAGARA SQUARE 1230 CITY HALL BUFFALO NEW YORK 14202 DARBY FISHKIN, CPA DEPUTY COMPTROLLER 2010 -2011 Budget Hearing Requested Information Dear Majority Leader Fontana: Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, I hereby submit the following information: * No employees of this division are assigned a mobile telecommunication device. * No employees of this division are assigned a take-home City vehicle. * No employees of this division are assigned or use gas, debit, or procurement cards. The Comptroller has a City.-issued charge card for conducting City business. * Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the Comptroller and staff for requisite training over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), national GFOA conference for Comptroller over 3 nights (meals $204; lodging $660; registration $650; airfare and transportation $425); Rating agency meetings for Comptroller and Deputy — 2 meetings: (meals and lodging $1.500; airfare and transportation $ 1,050); Municipal Finance Officer annual meeting for Comptroller ( $251 meals and lodging); NYCOM meeting for Comptroller 3 nights ($900 meals and lodging; ); NYS State of the State meeting in Albany for Comptroller and representative staff ($1,060 lodging and meals; $660 gas and tolls) Bond Buyer Summit for Comptroller ($350 meals and lodging; $350 transportation). * No vacancies exist in the division. 5 No employees of this division receive a separate salary from an allied City agency. * No employees of the division are funded with grant dollars. * The division has no personal service contracts. * No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5258. Ver truly yours, DARBY ISHKIN, C.P.A. REFERRED TO T HE SPECIAL Deputy Comptroller [,VN ' i' , ONBUDGET 0Q ANDREW A. SANFILIPPO COMPTROLLER April 30, 2010 Hon. Richard A. Fontana Lovejoy District Council Member 1414 City Hall Buffalo, New York 14202 2010 -2011 Budget Hearing Requested Information Dear Majority Leader Fontana: ANNE FORTI- SCIARRINO CrrY ACCOUNTANT Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Accounting, I hereby submit the following information: • No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, charge or procurement cards. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the City Accountant over 1 nights (meals $51; lodging $150; registration $175; gas and tolls $330), and the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500). • No vacancies currently exist in this division. • No employees of this division receive a separate salary from an allied City agency. • No employees of this division have salaries reimbursed by grants. • The division has no personal service contracts. • No employees of this division are eligible re-employed retirees. If you have any questions, please feel free to contact me at 851 -5276. Very truly yours, _. 6V u E Anne Forti- Sciarrino City Accountant SPECIAL COMMITIME ON BUDGET r CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL DIVISION OF ACCOUNTING 1219 CITY HALL BUFFALO NY 11202 000 1 ANDREW A. SANFILIPPO COMPTROLLER April 30, 2010 Hon. Richard A. Fontana. Lovejoy District Council Member 1414 City Hall Buffalo, New York 14202 '�: 2010 -2011 Budget Hearing Requested Information Dear Majority Leader Fontana: DARRYL McPHERSON CITY AUDITOR Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Audit, I hereby submit the following information: ® No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, charge or procurement cards. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the City Auditor over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), and the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500). • One vacancy exists in the position of Associate Auditor, which has been vacant since January 30, 2010 (three months) due to retirement. Interviews to fill the position are being conducted on May 6 & 7 upon the recent adoption of a Civil Service Eligible List for Associate Auditor /Associate Accountant. • No employees of this division receive a separate salary from an allied City agency. • The division has one employee, Jennifer Renfioe, Senior Accountant, whose salary in 100% reimbursed by the Urban Area Security Initiative (UASI) Grant [Homeland Security]. • The division has no personal service contracts. o No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5265. Very t' . y yo s ARR McPHERSON COMMITTEE ON' SUDG City Auditor CITY OF BUFFA DEPARTMENT OP AUDIT AND CONTROL DIVISION OF AUDIT 65 NIAGARA SQUARE 1230 CITY HALL BUFFALO NEW YORK 14202 TO: THE COMMON COUNCIL DATE: May 20, 2010 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Buffalo River Greenway Grant Item No. 9, C.C.P., May 11., 2010 The Common Council has requested a response from the Department of Audit and Control regarding a grant totaling $390,100, awarded to the Office of Strategic Planning. The grant represents half of the total project cost for Phase I of the Buffalo River Greenway project. The Comptroller's Office has no objection to accepting these grants or entering into the agreement as prescribed in the Council Communication. Additionally, we encourage timely execution and administration of funds awarded in accordance with the grant specifications. Upon receipt of the grant money, the Office of Strategic Planning should inform the Accounting Division of all necessary information and documentation in order to properly facilitate fiscal grant reports. If you have any further questions on this matter, please feel free to contact the Comptroller's office. DEPARTMENT HEAD: TITLE: SIGNATURE: Andrew A. SanFilippo RECEIVED AND FILED 000 KI• 1PTr.[iI•l FROM: THE DEPARTMENT OF AUDIT & CONTROL TEXT DATE: May 10, 2010 SUBJECT: 2009 -2010 Third Quarter Gap Sheet Report We have reviewed the Third Quarter Gap Sheets, as required by Article 7 -4 of the Charter. The gap report is projecting a $3,03 million surplus, which upon our own independent review and projection based on a three -year historical trend analysis of revenues and expenditures, appears reasonable at this tinge. We should note that based upon discussion with our outside auditors we directed the Administration to transfer $15.8 million from Reserved General fund monies to the Solid Waste fund to eliminate the accumulated interfund liability related to the operating deficit of this fund. As always, as year -end approaches we will closely monitor the financial condition of the City in comparison to this Third Quarter Gap analysis and will peep your honorable body advised of any concerns that arise. DEPARTMENT HEAD: Andrew A. SanFilippo TITLE: Conn 11er i SIGNATURE OF DEPARTMEMT HEAD: 1�1 REFERRIED TO THE SPECI COMMITTEE B UDGE T l FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION May 2S, 2010 00012 i::?' s i 1 Department of Assessment & Taxation Interdepartmental Correspondence Richard A. Fontana, Chairman, Common Council Budget Committee Martin F. Kennedy, Commissioner N DATE: May 7, 2010 Information for Common Council 2010 -11 Budget Bearings Pursuant to your memo dated April 22, 2010 regarding upcoming Common Council budget hearings, the following information is supplied by the Department of Assessment and Taxation in response to requested materials. • A list of all employees assigned a mobile telecommunications device ® a chart of each employee with details is attached • A list of employees assigned take home city vehicles — this department does not have city vehicles to assign to staff. Staff utilizes their own personal vehicle when necessary to perform their duties and are compensated according to the terms of Local 650 contract • A list of employees assigned gas, debit,. charge, procurement cards or transportation ap sses — this department does not utilize or dispense any of these items to employees • A list of contemplated travel — no action in this regard is contemplated or planned • A list of positions remaining vacant and duration of vacant -- a separate chart containing this information is attached • A list of st -- there are no staff members in this category • A list of staff drawing salary fully or partially funded by grant funds there are no staff members in this category • A list of all personal service contracts — the department does not have any such contracts • A.list.of all staff for whom a NYS form CSC -20 has been filed there are no individuals associated with this department who fall into this category , bits c6\ V ASSESSMENT AND TAXATION LAPTOP and AIR CARD ASSIGNMENTS LAST NAME FIRST NAME CITY OF BUFFALO INVENTORY # LAPTOP SERIAL # AIRCARD # VENDOR & PLAN CUTRONA CHARLES 052737 5CNOAGO63257 462-3325 Verizon Wireless; unlimited data allowance; $43.011month GAROZZO-PAYNE MARIA 052735 5CNOAGO63274 374-4702 Verizon Wireless; unlimited data allowance; $43.011month GILLIG DAVE 052742 5CNOAGO63279 462-8441 Verizon Wireless; unlimited data allowance; $43.01 /month HANNON KEVIN 056891 BFX-9CB1 12 392-4157 Verizon Wireless; unlimited data allowance; $43.01 /month HERNDON ERIC 052739 5CNOAGO63258 462-8431 Verizon Wireless; unlimited data allowance; $43.01 /month JACKSON MARY 052741 5CNOAGO63255 462-8372 Verizon Wireless; unlimited data allowance; $43.01 /month KENNEDY S MARTY 052740 5CNOAGO63281 462-8440 Verizon Wireless; unlimited data allowance; $43.011month KOZERSKI PHIL 052734 5CNOAGO63267 462-8343 Verizon Wireless; unlimited data allowance; $43.011month LOFASO ANN MARIE 052744 5CNOAGO63259 462-8305 Verizon Wireless; unlimited data allowance; $43.011month MARTZ DAVE 052736 5CNOAGO63256 462-8281 Verizon Wireless', unlimited data allowance; $43.011month MARTZ JEREMY 056892 BFX-9CB1 13 392-4823 Verizon Wireless; unlimited data allowance; $43.011month ROBINSON JR MOSES 052732 5CNOAGO63280 462-8374 Verizon Wireless; unlimited data allowance $43,01 /month SULLIVAN BRIAN 052738 5CNOAGO63275 462-8330 Verizon Wireless; unlimited data allowance; $43,01/month NOT CURRENTLY ASSIGNED 052733 5CNOAGO63269 462-8267 Verizon Wireless; unlimited data allowance; $43.011month Valuation staff (assessors & appraisers) are assi ned a ci ty-owned laptop and a Verizon air card for use in 2erforming their duties while offsite. The air card allows the laptop to connect to the various city databases needed when reviewing and valuing properties. +�, 7 J Titl Time Vacant I Co mment Senior Assessor 311612014 Incumbent recently promoted (provisional) (3116110) to position of Assessor which had been vacant since August 4, 2009 _ Sup ervisin g Junior Data Control Clerk Incumbent recently promoted (temporary) (418110) to position of Account 419/2010 Clerk Typist had been vacant since July 18, 2009 UJ 4� FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS May 2S, 2010 000123 SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/18/2010 FROM: DEPARTMENT: Management Information Systems SUBJECT: [:Response to Common Council Staff Corresspondence dated 1:5112110 regarding purchase of old computers by K. Hapke & 1:P. Brown PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxx/xx #54 C.C.P. May 11, 2010 & #64 C.C.P. May 11, 2010 W.S. staff has reviewed the two P.C.'s requested for purchase. These are old models and are no longer in use. The price offered by the employees is fair and should be accepted. M.I.S. has the two PCs and all city information has been removed from those PCs. SIGNATURE DEPARTMENT HEAD TITLE: Raj Mehta, Director RECEIVED AND F IL ED (�9 a12 ° BYRON W. BROWN MAYOR C ITY OF BUFFAL DEPARTMENT OF MAN A G EMENT INFORMATION SYSTEMS Honorable Chairman Fontana, Common Council Budget Committee �m�a- ne nee. s i 7 Y In response to your Memo dated 4/22/10, following is the list of information for Department of M.I.S. employees. 1. Mobile Communication Devices Name Title Device Plan Raj Mehta Director Blackberry Verizon data plan - $62.99 per month Peter Barone Supervisor of Data Processin O eratiorls Blackberry Verizon data plan e $6199 per month .lames Seguin System Administrator Blackberry Verizon data plan - $62.99 per month Herb Richardson System Analyst Blackberry Verizon data plan - $6199 per month 2. No M.I.S. employees is assigned a vehicle of any type. 3. Cards —No M.I.S. employees are assigned a cards of any type 4. Travel; Director Raj Mchta will be travelling to Nashville Tennessee for MUNIS User Conference, pending Mayor's approval in October 2010. The anticipated cost is $2500. Last year during his visit to MUNIS User Conference in Orlando Director Mehta negotiated rebates of over $60,000 in annual support cost of Munis. 5. Vacant Positions — None. Currently no vacant positions exist in MIS. 6. MIS employees working for other agencies also — none. MIS has no employees, appointees or officer who draws a separate salary from an allied city agency. 7. MIS employee's salary subsidized by grants -- none. No MIS employee, officer or appointee whom receives a portion of their salary from grant funding. \G� 65 NIAGARA SQUARE/ 1201 CITY HALL/ BUFFALO, NY 14202 -3312 / (716) 851 -4836 /FAX: (716) 851 -5472 / Evmvxiey- buffatoxom 8. Personal Service Contract: MIS has a personal service contract with Mar. Gerald Hughes for consulting on network related issues and advice on DSN and fzrewall setup and configuration of Virtual servers. Mr. Hughes charges $3000 per month and the contract can be terminated at any time. 9. MIS employees required to fill csc20 -- none. MIS has no employee, appointee or officer who is required by Retirement and Social Security Law to submit a CSC -20 farm.. Sincerely Raj Mehta, Acting Commissioner. AM 1; � FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS May 25, 2010 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 18, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Court [: Janitorial Services [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. 19, CCP 06/11110 EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for City Court, Janitorial Services 2009 -10, C #93000541. 1. Increase due to Buffalo Living Wage Increase. The foregoing changes result in a net increase in the contract of eighteen Thousand Nine Hundred Eighty One and 88/100 Dollars ($18,981.88). Summary: Original Contract Amount Amount of this Change Order ( #1) Revised Contract Amount $320,801.00 $ 18,981.88 $339,782.88 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 13296006 480000. This money will be reimbursed to the City by the Unified Court System. Sf /PJM /DAHidlg cc: Comptroller J. Schollard, Dep. Director of Bldgs. S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: �-1 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 18, 2010, be received and filed; and That. the Comnnissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, for City Court Janitorial Services, an increase in the amount of $18,981.88, as more fully described in the above communication, for work relating to City Court, C x#93000541. Funds for this project are available in 13296006 480000 to be reimbursed to the City by the Unified Court System. Passed 17 TAB:rmv IAwp6O\=wor&:nnvWc5 -25adm AYE NO x FON`T`ANA FRANC GOLOMIBEK HAYNE 7� g$ ,�+ gy7'{�g'�� �/O�6.+�JR TO 7fG 5F y RUSS S NUTH �} a j ` 5 d 7K iC �t . g� f + 6 s@ irk 3/4- 7 �� i 0002 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 17, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract [: City-Wide Sidewalk Repl. 2009, Gr. #691 j: P & J Construction Co., Inc. (: Contract #93000474 PRIOR COUNCIL REFERENCE: (IF ANY) (: I hereby submit to your 14onorable.Body the following additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations, lawsuits encountered during the construction operations on a District by District basis. 85.0 tons Item Description Unit Price Estimate Estimated Quantity Cost See attached sheets for items descriptions & prices Existing Contract Amount $990,370 Increase in Contract $180,64 0 Total Contract to Date $1,171,010 Funds for this work are available in account(s) #32311506A45 100, #31310406445 1 00, , & #30032105 - 445100, an another account to be named at a future date. I respectfially certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. a E R ED THE C ON FIN � PJM:SJS: MJZ:Ilf Attach. (2) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: City Wide Sidewalk Replacement - 2009, Gr. #691 Change Order ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS CR05,120 Pafterned Stamped Concrete 1,500 Sq.Ft. 5" Replacement CR05.204 Concrete Sidewalks/ 4" Replacement 1,000 Sq.Ft. $4 $4,260.00 CR05.205 Concrete Sidewalk - 5" Replacement 12,000 Sq.Ft. $4.55 $54,600-00 I i i Bid =/> 8.05.204 CR05.205C Concrete Sidewalks 3,000 sq.ft- $5.50 $16,500-00 5" Replacement w/ color (Canvas) $ — 1 CR05.206 Concrete Sidewalks 1,000 Sq.ft. $6.00 $6,000.00 6" Replacement $ — 1 CO5.220C Feta Reinforcemnet 1,000 Sq.Ft. $0.60 $600.00 4 x 4, 4" x 4" GR07.105C Granite Curb - NYSDOT Type "C" 700 Lin.Ft. $40.00 $28,000.00 5" x 16" Replacement $ ' CR07.105RC Granite Curb - NYSDOT Type "C" 210 Lin.Ft. $9,450.00 5" x 16" Radius Replacement 008.210 Slotted Corrugated Polyethylene 910 Lin.Ft. $4.00 $3,640.00 Underdrain - 4" (Minimum Bid KOO) $ 1 C11.110 Hydroseed 100% Sq.Ft. $7,500.00 $7,500.00 (Minimum Bid $0.20) 012,110 Maintenance & Protection of Traffic 100% As $5,000.00 $5,000.00 Fixed Bid Necessary $ —1 City Wide Sidewalk Replacement - 2009, Cyr. #691 Change Order ITEM NO. ITEMS WITH UNIT" BID PUCE APPROXIMATE UNIT UNIT BID TOTAL WRITTEN IN WORDS QUANTITIES PRICE DOLLARS 090.220 Re- setting of Stone Sidewalk 1,500 Sq,Ft. $8.00 $12,000.00 C90.220A I Re -Set Brick Pvers 700 Sq.ft. $7.00 $4,900.00 C680.620506 Conduit, Rigid Plastic 910 Lin.Ft. $5.00 $4,550.00 Class 1,2" (minimum Bid $5.00) 08502.5014 Save Cutting Asphalt Pavement, Concrete 910 Lin.Ft. $4.00 $3,640.00 Pavement & Asphalt Overlay on Concrete Pavement (Minimum. Bid $4.00) $ f C24608.5 Detectable Waming Surface - 10 Ramps 100 Sq.Ft. $50.00 $5,000.00 2'x 5` per ramp (Minimum Bid $40) $ J Total $180,640.00 0007 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 5, 2010 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: Change in Contract [: Repair to City Pavements, Gr. #696 [: Thomann Asphalt Paving Corp. : Contract #93000469 PRIOR COUNCIL. REFERENCE: (IF ANY) [: I hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order to restore pavement at various locations: Item Description 85.0 tons Unit Price Estimate Estimated Quantity Cost 04215 Asphalt concrete fail depth repair for watermain repair— including sawcut; $300 /ton 85.0 tons $25,500 excavation; subbase course; asphalt binder and top course Existing Contract Amount Increase in Contract Total Contract to Bate $98,650.00 25 500.00 $124,150.00 Funds for this work are in the Capital Projects Account #30032106- 445100 & #32311506- 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt Paving Corp. REFERRED TO THE COMMITTEE ON FINANCE. PJM:SJS:MJZ:Ilf cc: Bill Heinhold Frank Maugione m Water TYPE DEPARTMENT READ NAME: Peter 1. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 000' #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 19, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: f: Change Order for [: 2009 Citywide [ : Tree Removal. Contract PRIOR COUNCIL REFERENCE: (IF ANY)( I hereby respectfully request from Your Honorable Body permission to add $40,000.00 for emergency tree removal work by Schneck Tree Removal, Inc. to allow the City of Buffalo to continue to do emergency work as a new tree removal contract is being put out to bid. Funds are available in Capital Project Fund No. 30032106 - 445100 and 38400206 - 445100. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT BEAD: SJS:cam cc: Peter Merlo, P.E., City Engineer (cc051910.doc) REFERRED HE COMMWEE ORN FINANCE. 0.0 000;29 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: May 19, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Commissioner's Office SUBJECT: [: Permission to Enter Into a One Year Contract [:Extension (July 1, 2009 —June 30, 20 10) [:With New York State Industries for the [:Disabled, Inc. To Continue Their Cleaning & [:Janitorial Services at the City Court Building [: Ellicott District PRIOR COUNCIL REERENCE: (Item 33, CCP 5/26109 and Item 19, CCP 05 /11 /10) The Department of Public Works, Parks & Streets requests authorization to enter into a one year contract extension for the period July 1, 2009 through June 30, 2010 with New York State Industries for the Disabled, Inc. ( "NYSID ") to continue NYSID's cleaning and janitorial services at the City Court Building. The contract price as adjusted for "living wage" for 20 09- 10 is $339,782.88. The Department of Public Works, Parks & Streets is requesting that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a one year contract extension agreement covering the period running from July 1, 2009 through June 30, 2010 for the price of $339,782.88 in substantially the form attached to this communication and is also requesting that Your Honorable Body further authorize City personnel to take all such steps and actions as are necessary to effectuate and implement the one year contract extension. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & SIGNATURE OF DEPARTMENT HEAD: q_ PREFERRED SOURCE EXTENSION AGREEMENT FOR THE CITY COU BUILD D THIS EXTENSION AGREEMENT, is made this day of , 201 by and between, the CITY OF BUFFALO, a municipal corporation with an office at 502 City Hall, 65 Niagara Square in the City of Buffalo, New York 14202 (hereinafter referred to as the "CITY ") and the NEW YORK STATE INDUSTRIES FOR THE DISABLED, INC., a not - for - profit corporation organized under the laws of the State of New York with offices at I I Columbia Circle Drive, Albany, New York 12203 (hereinafter referred to as the "CONTRACTOR. "). WHEREAS, the parties entered into an agreement dated the as of July 1, 2008 (but actually fully executed on April 9, 2009), a copy of which said agreement is attached hereto and made a part hereof as "Exhibit A "; and WHEREAS, the CITY requires the continued services of the CONTRACTOR to perform janitorial services at the City Court Building; and WHEREAS, the CONTRACTOR has on April 34, 2010 submitted to the City a request for contract or purchase order to the City of Buffalo's Commissioner of Public Works, Parks & Streets to perform the requested janitorial services; and WHEREAS, the CITY has found the CONTRACTOR'S submission to meet the CITY'S "form, function, and utility" requirements; WHEREAS, pursuant to its passage of Item No. on the day of , 20 the City of Buffalo Common Council has authorized THE DEPARTMENT OF PUBLIC WORKS PARKS & STREETS to extend the services of CONTRACTOR to perform the aforesaid services for a one -year period from July 1, 2009 through June 30, 2010; and WHEREAS, this EXTENSION AGREEMENT is intended to memorialize the agreement entered into by and between the CITY and the CONTRACTOR to extend the services of the CONTRACTOR under, "Exhibit A" from July 1, 2009 through June 30, 2010; and NOW THEREFORE, for and in consideration of the foregoing and of the promises and agreements of the parties hereto, it is agreed as follows; I. The CONTRACTOR shall continue to provide janitorial services at the City Court Building located at 5.0 Delaware, Buffalo, New York for the 2009-2010 City of Buffalo fiscal year. 2. The term of this extension shall commence on the ?� day of July, 2009 and terminate on the 30 day of June, 2010. 3. That as compensation for the performance of the services under this agreement, the CONTRACTOR shall be paid for services rendered as set forth in that certain December 9, 2009 Request For Price Concurrence submitted to the CITY by the CONTRACTOR, a copy of which is set forth as Exhibit B attached hereto and made a part hereof. More specifically, for the 2009 -2010 contract year CONTRACTOR shall be compensated a sum not to exceed $339,782.88. The said total not to exceed compensation provided for herein shall be inclusive of any adjustment made in accordance with the City of Buffalo's Living Wage Ordinance and shall not exceed this maximum amount without a written amendment, executed by both parties. 4. The CITY shall have no liability under this contract to CONTRACTOR or to anyone else beyond funds appropriated for this contract. Payments for only those services completed at the time of termination of this agreement will be paid to the CONTRACTOR. 5. Nothing in this EXTENSION AGREEMENT shall limit, alter, or expand the terms, rights, and obligations of the CITY and CONTRACTOR as provided for under Exhibit A finless specifically set forth herein. 6. That the all remaining terms and conditions provided for udder Exhibit A shall remain unchanged and remain in full force and effect, IN WITNESS WREREOF, the parties have set their signatures this day of 201 O. APPROVED AS TO FORM ONLY DAVID RoDRicuFz ACTING CORPORATION COUNSEL Jol N V. HEFP'RON ASSISTANT CORPORATION COUNSEL ftli.l By: Steven J. Stepniak Commissioner of Public Works, Parks & Streets M CITY OF BUFFALO ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF ERIE On this day of , 200_, before me, the subscriber, personally appeared STEVEN J. STEPNIAK to be known, who, being by me duly sworn, did depose and say that he resides in the City of Buffalo, New York; that he is the Commissioner of Public Works, Parks & Streets of the City of Buffalo, the corporation described in and which executed the within instrument, that he knows the seal of said City, that the seal affixed to said instrument is such corporate seal and that he duly acknowledged to me that he executed same. NOTARY PUBLIC /COMMISSIONER OF DEEDS CORPORATE ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF ERIE On this day of in the year 2010 before me personally came to me known, who, being by me duly sworn, did depose and say that he /she /they reside(s) in ; that (s)he is the of the (name of corporation), the corporation described in and which executed the above instrument; that he /she /they know(s) the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that he /she /they signed his/her /their name(s) thereto by like authority. NOTARY PUBLIC /COMMISSIONER OF DEEDS 3 Mr. 1< Fontana moved; That the above communication from the Commissioner of Public Works, Parks and Streets dated May 19, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into a Preferred Source Extension Agreement between the City and New York Stag Industries For the Disabled, Inc., to continue cleaning and janitorial services at the City Court wilding for the period commencing July 1, 2009 and expiring on .Tune 30, 2010 for a price of $339,782.88. That the Mayor be, and he hereby is authorized to execute the same. Passed Ox TAB:mv T Awp6OVnswonf1awA21cs- 25a.doc *ASE *NO* LOCURTO * * RUSSELL * * MATH * * * * Maj _ 5 2/3- 6 # '� 3/4 - I 1 C3\ 0 0 0 .; t15 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON .COUNCIL DATE: May 13, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Repair to City Pavements - 2010 Group #713 PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual treasured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann. Asphalt Laving Corp. $96,375.00 56 Gunville Road, Lancaster, NY 14086 C. Destro Development Co., Inc. $143,725.00 411 Ludington Avenue, Buffalo, NY 14206 I hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $96,375.00. Funds for this work are available in account(s) #32311506-445100, #31310406-445 100, , & #30032106- 445100, an another account to be named at a future date. The engineer's estimate for this work is $100,000.00 . The attached is certified to be a true and correct statement of the bid received, Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 3r 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS :PJM:MJZ :Ilf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: �. Repair to City Pavements - 2010, Gr. #713 Contractor Contractor Thomann Asphalt Paving Corp. C. Destro ED) evelo meat Co., Inc. ITEM ISO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL_ UNIT BID TOTAL. WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 01.400 Engineering Materials 100% As $2,000.00 $2,000.00 $2,000.00 $2,000.00 Fixed Bid Necessary 02.110 Unclassified Excavation 25 Cu.Yd. $50.00 $1,250.00 $30.00 $750.00 (Minimum Bid $30) 02.412 Small Machine Milling of Asphalt Pavement 75 Sq.Yd. $13.00 $975.00 $20.00 $1,500.00 0 " -3 " inch depth (less than 50 s.y. per location) (Minimum Bid $6) $ 03.210 Subbase Course - Pavement 25 Cu.Yd. $50.00 $1,250.00 $30.00 $750.00 2" crusher run $ 1 4.120A Asphalt Concrete - Modified Fine Top 75 Tons $75.00 $5,625.00 $150.00 $11,250.00 Machine Laid (PG- 64 -22) < 2,000 sq.yd. 04.150A Asphalt Concrete - Top, Binder V'- 3" 50 Tons $205.00 $10,250.00 $250.00 $12,500.00 Hand Laid for Pavement Repairs $ 1 04.150B Asphalt Concrete - Base, Binder, Top -Equil 50 Tons $150.00 $7,500.00 $200.00 $10,000.00 Assisted for Pavement Repairs 3 " or more (bid = or less than 04,150A) R05.110 Cement Concrete Base - Replacement 50 Cu.Yd. $65.00 $3,250.00 $200.00 $10,000.00 805.120 Metal Reinforcement - Pavement 100 Sq.Yds. $0.50 $50.00 $5.00 $500.00 (4 x 4 a.w.g. - 4" x 4 ") 805205 Concete Sidewalk - 5" Replacement 1,000 Sq.ft. $4.00 $4,000.00 $7.00 $7,000.00 group713.x1s Repair to City Pavements - 2010, Gr. ##713 Contractor Contractor Thomann As halt Paving Corp. G. Destro Cevelo meat Co., Inc. ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL UNIT BID TOTAL. WRITTEN IN WORLDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 05.416 Sawing Pavement/Concrete Base 500 Lin.Ft. $7.00 $3,500.00 $7.00 $3,500.00 for Pavement Repair (Minimum Bid $4.00) 05.430 Sawing Curb -10 Ramps 75 Lin.Ft. $10.00 $750.00 $15.0.0 $1,125.00 (Minimum Bid $10.00) $ 1 08.112 12 inch Sewer Pipe 10 Lin.Ft. $35.00 $350.00 $100.00 $1,000.00 (Minimum Bid $35.00) $ 1 08.316 Receiver Replace 5 Each $500.00 $2,500.00 $2,500.00 $12,500.00 (Minimum Bid $500.00) 08.522 2'x 2' Catch Basin 2 Each $1,000.00 $2,000.00 $2,000.00 $4,000,00 (Minimum Bid $1,000.00) 08.640 Manhole - Frame Adjustment (Pavement) 5 Each $400.00 $2,000.00 $400.00 $2,000.00 (Minimum Bid $4000) $ 1 08.660 Brick. Course Adjustment (Pavement) 15 Each $200.00 $3,000.00 $200.00 $3,000.00 (Minimum Bid $200) Course $ 1 08.940 Fresh Air Inlet - Adjustment 5 Each $75.00 $375.00 $75.00 $375.00 (Minimum Bid $75) $ 1 09.810 Water Service Box, Cover & Bolt 5 Each $15.00 $15.00 $15.00 $75.00 Install /Replace (Minimum Bid $15) 09.812 Water Service Box, Top Section 5 Each $125.00 $625.00 $.125.00 $625.00 Install /Replace (Minimum Biel $125) 09.820 Water Service Box Adjustment 5 Each $75.00 $375.00 $75.00 $375.00 (Minimum Bid $75) $ 1 group713.xEs Repair to City Pavements - 2010, Gr. #713 Contractor Contractor pave 2 $26,675.00 Thomann As halt Paving Corp. C. D estro De vel o m ent. Co. , Inc. ITEM NO. ITEMS WqT1-t UNIT BID PRICE APPROXIMATE UNIT IVdT BID TOTAL UNIT BID TOTAL WR IN WORDS QUANTITIES PRICE DOLLARS PRICE DOLLARS 11.115 Hydroseeding 3,200 Sq.Ft. $0.50 $9,600.00 $0.50 $1,600.00 (Minimum Sid $0.40) $ 1 12.110 Maintenance & Protection of Traffic 100% As $5,000.00 $5,000.00 $5,000.00 $5,000.00 {fixed bid) Necessary 92.445 Yellow Temporary 4" Pavement Stripes 500 Lin. Ft. $0.15 $75.00 $1.00 $500.00 (Minimum bid $0.15) $ 1 90.500 Miscellaneous Co nstruction Allowance 100% As $25,000.00 $25,000.00 $25,000.00 $25,000.00 (fixed bid) Necessary $ 90.800 Mobile Office 6 Monthly $200.00 $1,200.00 $200.00 $1,200.00 (Minimum Bid $200) $ 1 403.110 Asphalt Concrete - Type 1 100 Tons $50.00 $5,000.00 $100.00 $10,000.00 Base Course < 2,000 sq.yd.) 403.13 Asphalt Concrete - Type 3 100 Tons $50.00 $5,000.00 $100.00 $10,000.00 Binder Course < 2,000 sq.yd. 613.0101 Topsoil. 40 Cu:Yd. $40.00 $1,600.00 $40.00 $1,600.00 (Minimum Bid $40) $ 1 24608.50 Detectable Warning Surface - 10 Ramps 100 Sq.Ft. $2.00 $200.00 $40.00 $4,000.00 2'x 5' per ramp $ 1 page 1 $36,150.00 page 1 $06,250.00 page 2 $15,550.00 pave 2 $26,675.00 page 3 $44,675.00 page 3 $58,900.00 $96,375.€18 $143,725.00 group713.x9s �r� '1 F D t k "s� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parrs and Streets dated May 13, 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 Repair to City Pavements 2410, Group #713, to Thomann asphalt Paving Corp., the lowest responsible bidder, in the amount of $96,375,00_ Funds for the project are available in #32311506 445100, #31310406 - 445100 & #30032106. 445100, and another account to be named at a future date. I OM - 22 TFB:T111v 1 AwpO\nBwm&rmvM c 3 - $a. tw f * AYE *NO* FONTANA FRANCZYK GOLOMBE HAYNE -- ]KEARNS LOC'TO RIVERA RUSSELL SC"TH maj - 5 2/3- 6 3/4- 7 '� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 25, 2010 0 i0 0 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Tosh Collins Expansion Ice Rink .(Plumbing) [: Job #1012P [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) Ili I advertised for on May 7, 2010, and received the following formal sealed bids for the Tosh Collins Expansion, Ice Rink, Cazenovia Park, Plumbing Work, which were publicly opened and read on May 21, 2010. Mollenberg Betz $25,899.00 300 Scott, Buffalo, NY L C Mechanical $37,000.00 637 Main, Tonawanda, NY L & D Johnson Plumbing $47,928.00 1039 Niagara, .Buffalo, NY Ackerman Plumbing $54,019.00 678 Sheridan, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Mollenberg Betz, with a bid of Twenty Five Thousand Eight Hundred Ninety Nine and 001100 Dollars ($25,899.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 35320706 445100 — Buildings. v islPiM/DAH/dIg cc: Contract Compliance Office J. Schollard, Buildings S. Harvey, Buildings Department Head Name: Peter J. Merles P.E. Title: City Enqineer Signature of Department Head: I, * AYE *NO* FON'TANA FRANCZYK * GOLOMBEK * HAYNE KEARNS LO�UPtTO RIVERA RUSSELL SMITH Maj -5 2/3- 6 3/4- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 13, 2010 00032 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: 2010 Tree Trimming [: (City Wide) [: Job #0944 [: Various Districts PRIOR COUNCIL REFERENCE: (IF ANY) [. Item No. 29; CCP 07/21/09 EX. (ITEM NO. CCP TEXT: advertised for on July 22, 2009 and received the following sealed bids for 2010 Tree Trimming, City Wide, which were publicly opened and read on August 5, 2009. Base Bid Total Bid Price Schneck's Tree Removal $129,200.00 $142,120.00* 2869 Southwestern, Orchard Park, NY Woodchuck Tree Service $136,552.00 $150,207.20 208 Fairview, Grand Island, NY Terry Tree Service, LLC $331,500.00 $364,650.00 225 Ballantyne, Rochester, NY I certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc., is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount if $142,120.00 ( *$129,200.00 + 10% = $142,120.00). I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Prior Common Council approval was for account 13111007 471 01 0. The account is being changed to 30032106 445100. L IPJMOAH /dlg cc: Comptroller Joseph Schollard, Director of Bldgs. S. Harvey, Buildings Department Head Name: Peter J. Merlo P.E. r Title: City Engineer Signature of Department Head: Qty. Mr. Fontana moved: That the above communication from the. Commissioner of Public Works, Parks and Streets dated May 13, 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 2010 Tree T rimmin g, City Wide, Job #0944, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $142,120.00 ($129,200.00 + 10% = $142,120.00). Funds for the project are available in 30032106 445100, Passed. 23 TAB: v t: \wp501\m,g%vordUrmVC3c5n25a.doe SAYE *NO* s� FONTANA FRANCZYK smrm aE aj ° 5 i 213- 6 ((r s� 3/4- 7 * ` 00033 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 18, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Surveying [: First Ward [: FEIN Flood Area PRIOR COUNCIL REFERENCE: (IF ANY)[ I hereby respectfully request from Your Honorable Body permission to RFP our contract not to exceed $900,000.00 for the surveying of the First Ward FEMA flood area. The purpose of this is to dispute FEMA findings that the above area should not be in a .flood zone. Funds are available in Capital. Project Fund No. 30000106- 995100. Your consideration toward this request is greatly appreciated. Department Head Dame: Steven J. Stepniak Title: Commissioner of SIGNATURE OF DEPARTMENT HEAD: SJS :cam CC Peter Merlo, P.E., City Engineer Michael Hoffert Donald. Poleeto (c0051810.doc) is 0 ��k Attachment A CITY OF BUFFALO f CAPITAL PROJECT OBLIGATIONS AS OF JANE 30, 2009 E' UNAUDITED PROJECT LIST TOTAL 3000 CAPITAL PROJECTS FUND $ 49,655,024.29 $ 43,627,563.86 $ 2,356,993,65 $ 3,470,466.78 QAPITAL PROJECTS. FUND 96 -97 SERIES 30124206 RECONST SENECA ST GARAGE $ 1,250,000.00 $ 1,251,136.83 $ - $ (1,136.83) 30125506 RECONST VARIOUS ELEVATORS 100,000.00 32 685.87 67,314.13 TOTAL CAPITAL PROJECTS FUND. 96-97 SERIES $ 1,350,000,00 $ 1,283,822.70 $ ° $ 66,177.30 CAPITAL PROJECTS EUND 97 -$8 SERIES BUDGET EXPENDITURES ENCUMBRANCES PROJECT 30227906 LOCAL MATCH BRIDGES 8 ST AT 6130109 AT 6130109 AT 6/30109 BALANCE QAP_iTAI _PROJECTS FUND 1,400,000.00 1,515,536.48 - (115,536.48) 30000106 PLANNING CAPITAL PROD $ 1,111,30204 . ... . ........... " $. . 50,744.46 $ 247;605.54 $ 812,952.04 30001506 NEIGH REDEVELOPMENT SITE 2,000,000.00 1,896,796.82 - 103,203.18 30007806 MULTI MODAL PROGRAM 4,746;598.50 4,366,438.71 80,159.79 300,000,00 30012406 RECONST SWIM DIVING POOLS 4,738,538.09 4,736,395.59 a 2,142.50 30014746 PRATT WILLARD CC , 500,000.00 490,456.52 a 9,543.48 30032106 NY STATE CHIPS 1998 -99 29,365,860.75 25,911,8%96 2,017,228.32 1,436,701.47 30040906 HILLERY PK ACADMY ACCESS RD 272,298.50 286,648.58 - (14,350.08) 30057406 STORM DAMAGE 12101 FEMA 1,141,026.41 1,144,493.41 ° 533.00 30062206 DEIAVAN FILLMORE FIRE STATION 2,370,700.00 2,251,818.54 _ 118,881.46 30062306 ELMWOOD HERTEL FIRE STATION 2,888,700.00 2,695,920.27 ° 192,779.73 30064706 BAILEY ABBOTT FIREHOUSE 220,000.00 - 12,000.00 208,000.00 30064806 BAILEY KENSINGTON FIREHOUSE 250,000.00 _ - 250,000.00 30077106 MONUMENT FOR MEMORIAL AUD 50,000.00 -" a 50,000.00 TOTAL 3000 CAPITAL PROJECTS FUND $ 49,655,024.29 $ 43,627,563.86 $ 2,356,993,65 $ 3,470,466.78 QAPITAL PROJECTS. FUND 96 -97 SERIES 30124206 RECONST SENECA ST GARAGE $ 1,250,000.00 $ 1,251,136.83 $ - $ (1,136.83) 30125506 RECONST VARIOUS ELEVATORS 100,000.00 32 685.87 67,314.13 TOTAL CAPITAL PROJECTS FUND. 96-97 SERIES $ 1,350,000,00 $ 1,283,822.70 $ ° $ 66,177.30 CAPITAL PROJECTS EUND 97 -$8 SERIES 30227906 LOCAL MATCH BRIDGES 8 ST $ 1,798,835.42 $ 1,512,232.42 $ - $ 286,603.00 30228006 RECONST CURBS SIDEWALKS 1,400,000.00 1,515,536.48 - (115,536.48) 30229706 RESTORATION MONUMENTS 281 000.00 254 477.54 7,360.00 18162.46. TOTAL CAPITAL PROJECTS 97 -98 SERIES $ 3,479;035:42 $ 3,282,246.44 $ 7 $ 190,228.98 QAPiT"AL PROJECTS FUN12 909 SERIES 30331706 NEIGHBORHOOD DEVEL DEMOS $:. 1;664,510.72 $ 1,656,570.72 $ 27,540.00 $ 400.00 30333206 CAZENOVIA ICE RINK RECONST 900,000.00 813,975.07 27,314.00 58,710.93 3033510 SQUAW IS REMEDIATION I-CC 3,000,000.00 2,911,791.26 22,378.00 65,830.74 0335306 LOCAL MATCH RESERVE BRIDGES 703,490.00 548,470.10 - 155,019.90 30335406 LOCAL MATCH RESERVE ROADS 1,792,170.48 293,654.42 6.86 1,498,509.20, 30336806 CITYHALL FIRESFTY STANDPIPE 150,000.00 149,999.44 - 0.56 30337106 KLEINHANS MUSIC HALL RESTOR. 500,000.00 486,207.05 - 13,792.95 30337605 CAZ PARK CASINO RECONSTR 50,000.00. 12,864.07. 9,688.00 27,447.93 . 30338606 SOUTH ELLICOTT DEMOLITIONS 750,000.00 744,645.00 5,355.00 - . 30338706 SENECA BABCOCK CC IMPROV 100,000.00 5;848.46 - 94,151.54 30339806 IMPROV NIAGARA SQUARE 100,000.00 76,070.82 11,600.97 12,328.21 30340306 CITY DEMOLITIONS 315,489.28 295,698.24 - 19,791.04 30341006 IMPROVE VAR COMMUNITY CTRS 1,606,102.46 1,652,764.96 - (46,662.50) 30341506 S DIS BLDGS OKELL FIELD HSE 412 686.62 40%002.47 4112.00 2,57216 TOTAL CAPITAL PROJECTS FUND 98 -99 SERIES $ 12,064,449.56 $ 10,054;562.08 $ 107,994.83 $ 1,901,89165 )�-Q Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 18, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to RFP for the Surveying of the First Ward FEMA Flood Area. Funds are not to exceed $400,000 and are available in Capital Project Fund No. 300001066445100. Passed 24 Tan:mv TAwpWmswordVmv1240- 25a.doc AYE * NO FONTANA ' POSITION ALLOCA MAIN T EN A NCE FORM il fl f) 1 1 1 general "11Jleclxan'e A partmentltiivision Public Works. Parlq free Rivision of Buil Start Date Original PR No. 2UWI - 5 [ 0 Title Cody No. 5921D oc� WWI@ If l Salary V6 & - rmeda te,� Rudiet Function Igo. 132 #6001 - 4110. Reason for appointment (check one) ® Status Change ® Reinstatement ® Replacement El Extension Type of Sta tus Change (check one) ® From Temporary to Provisional From Provisional to Permanent ® From Contingent Permanent to Permanent El Other Te of A;pRiumtment Classafiorm perman 0 Exempt ® Contingent Pernmenrt Co pettitive Provisional E T THE ITT Non-Competitive Temporary ON CIVIL ® Seasonal Mr. Slorn a eurmniflv hnlds Ig as tiort n a rovisiQnal basin s 4 r. Sloffi is bean ET�1 to � Ol Name paxal F. Slomba SS# .299,E Address 31 No. Ryan Street D OB C Buffo Siam New `fork gij Code 14210 Date //0 of Diwaor of IM f\ Si e of Adm, Der ivil Service date S d original copy signed by Dept, Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, Ctt Clex nd Budget FROM THE COMMISSIONER OF FIRE May 25, 2010 0000 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: May 21, 2010 21 e Fire SUBJECT: (:Overtime Policy Request G I� I� PRIOR COUNCIL REFERENCE: (1F ANY) Ex. (item No. xxx, C.C.P. xx/xx /xx) As per your request, please find enclosed information regarding policies /procedures implemented to address the use of sick- time in the Buffalo Fire Department as of January 1, 2010. Please also note that the use of sick -time by the members of this department has a direct correlation to the amount of overtime also being used. 1. Department Order #5 "Sick/Dr. Release" 2. Department Order #8 "Swapping of Overtime" 3. Department Order #9 "Daily Call -in Accountability Policy" 4. Department Order #9 "Revised" 5. Department Order # 13 "Effect of Sick and/or Injured -on -Duty Use on Overtime Opportunities" 6. Daily report of Sick/Injured Form We have worked with MIS to develop tools to manage this information and automatically calculate members' overtime eligibility. We are also currently reviewing proposals from vendors for additional workforce management tools. Our sick hours through pay period 23 are down 3,910 hours from the same period last year and our overtime hours are down 14,677 from the same period last year. SIGNATURE DEPARTIIIENT HEAD ITL E : Garnell W. Whitfield, Jr„ Commissioner of Eire GWW /sa Enclosures Be advised that any member of service (MOS) that reports "out sick" may be required to submit a doctor's release within fourteen (14) days of their return to duty. This policy will take effect on Monday, February 1, 2010 0800 hrs. Attachment GW /ds A- . FROM: Garnell W. Whitfield, J ., }. DATE: February 12, 2010 Swapping Overtime Effective at 0800 hours on Tuesday, February 16, 2010, there shall be no "swapping of overtime" by members of the Buffalo Fire Department. Any member accepting overtime shall report for duty as scheduled or be considered AWOL. G W/sa FROM: Garnell W. Whitfield, Jr.�I�Ailftt'L C of SUBJECT: Daily Call-In Acc P Form F -101, "Daily Call -In Accountability Form" shall be completed, signed and faxed by the Grief or Acting Chief to Fire Headquarters for each shift. All F --66's submitted to Fire Headquarters must accurately match the Daily Call -In Accountability Form. ® Any required changes to the Daily Call -In Accountability Form after it has been faxed to Headquarters must be documented on a Form 6 by the Chief or Acting Chief explaining the reason for such change and faxed to Headquarters. Company Officers or Acting Officers must record all members on duty for that shift in Company Journal and properly annotate any and all changes in personnel. Company journals, call -in books, requests for overtime and payroll records shall be randomly audited for accuracy and compliance with this policy. ® Any deviation from the above policy without the express approval of the Commissioner of Fire or his designee shall result in departmental charges. GV1 W /sa Attachment Date ®f Call In LocaUon ®f ®ay /Ntfe Name of Member Called Member Member Chiefs Initials Call In (DIN) Refused (X) Accepted ty s .- ALL F-66'S COMPLETED & SUBMITTED MUST ACCURATELY MATCH DAILY CALL IN ACCOUNTABILITY FORM Chiefs Signature Date , 'C3 D O • F I R E s DATE: March 16, 2010 SUBJECT. Daily Call -In Accountability Policy REVISED e " Dr • Effective immediately, F -101 dated 2112110 shall no longer be accepted. F -101 (rev. 3/16110) shall be used in its place. • Form -101 (rev. 3/16/10) shall be completed by the Div /Batt Chief making the call -in for the immediate or future vacancy and must be faxed to Headquarters by the end of each shift. • When a Chief is calling in members for another Battalion during his work shift, those members should be recorded by the Chief making the call -in. This includes 6 Battalion Chiefs calling in Captains. • If no call -ins were made during your shift, an F -101 must be faxed at end of shift indicating "no call -ins made ". • All F -66's submitted to Fire Headquarters must match the F -101 (rev. 3/16/10). • Any required changes to the F -101 (rev. 3/16/10) after it has been faxed to Headquarters must be documented on an F_6 by the Chief or Acting Chief explaining the reason for such change and faxed to Headquarters. • Company Officers and Acting Officers shall record all members on duty for that shift in the Company Journal and properly annotate any and all changes to personnel during that shift. • Company journals, call -in books, requests for overtime and payroll records shall be randomly audited for accuracy and compliance with this policy. • Any deviation from this policy without approval from the Commissioner of Fire or his designee may result in departmental charges. r F-101 rev.3116f10 Le end: DatUDiiv — is the Battalion /Division you're working that shift Todav's Date — date call in was made Date of.Call In — date member scheduled to work overtime Location of Call -In — location of vacancy member called to fill Name of Member — member's name you called Member Refused — "X" if member refused or did not answer Memagr Acre ted — "X" if member accepted and working call in Called No Refusal Given — F (bereavement) M (military) J (jury} U (union) N/E (riot eligible due to 24 -hr. rule) Si natt�relPlat ® ®n ®f Chief Makin CaII -Ire Chief's signature who called member and the platoon he is working when he called the member *Ali questions regarding Form -101 (rev. 3116110) should be directed to B -51 GWW /sa Attachment F- 103. ! -v. 3116/10) DAILY CALL-IN A "OU TA IL I TY FORM attalion /DIvlsion . Today's ay °s Date Location Day/ ite Member Member memUor Signature /Platoon of Chief Gate of of DIN Name of Member Called Defused Accepted Celled Making Call-in W (X) No refusal Call -in Call -in F, M, U, J, lVlE Signature Platoon MEMBER CALLED- F = (BEREAVEMEN7) M = (MILITARY) U = (UNION) J = (TRY DUTY) WE = (NOT ELIGIBLE DUE TO 24-HR. RULE) MUST BE FAXED TO FIRE ,HEADQUARTERS FOR EACH SHIFT BY CHIEF MAKING CALL -INS --. ALL F WS COMPLETED & SUBMITTED MIDST ACCURATELY MATCH DAILY CALL -IN ACCOUNTABILITY FORM IF NO CALL -INS WERE MADE DURING YOUR SHIFT, F-101 MUST BE FAXED AT END OF SHIFT INDICATING "NO CALL -INS MADE" u.- •" ` ' R T M E N T y T 0: ALL MEMBERS DATE: April 22, 2010 r-ROM: Garnell W. Whitfield, Jr. SUBJECT: Effect of Sick and/or Commissioner ' IOD Use on Overtime 4" Opportunities Effective Saturday, May 2010: "Members who utilize sick and /or IOD time shall not be eligible to work overtime (except when all other overtime procedures have been exhausted) for a fourteen (14) day period from their return from such leave. The 14 -day period rioted above is a "rolling period" (denotes eligibility for overtime) which is calculated upon return following use of sick and/or I ®D time." At this time, order #13 will apply to the use of Sick Time only. The Commissioner of Fire reserves the right for him or his designee to apply this policy to Injured on Duty status at any time. Any overtime opportunities lost through the enforcement of this policy are not eligible to be made -up by the member affected. Additionally, the 14 -day period referenced in Memo #5 dated January 28, 2010 titled "Sick/Dr. Release" shall also be a "rolling period" and coincide with the member's eligibility for overtime. GWVV /sa I II Rill'i Will 1 11715 1 111 11 1111 r sms. `THIS MUST BE EMAILEDAND. FAXED TO C -1, B -51, DIVISION CHIEFS, BATTALION CHIEFS, HO STAFF iJOYCE, PAM, JILL)" 1 :DAILY REPORT OF SICK/INJ f TOTAL SIC TOT TO W .. f i• __� NONE= r COMMENT'S: NEW !NJ (5/19 ni ter) e E-26/2ND FROM THE CORPORATION COUNSEL May 25, 2010 Claims Committee Meeting Wednesday, June 2, 2010 - 11: 00 a.m. Hon. David A. Rivera, Chairperson AGENDA Persop l In_ ury A. 1. Ray Aponte $ 19,432.00 A. 2. Lizetta Bosley $ 17,000.00 A. 3. Irene Brown $ 10,000.00 A. 4. Joseph Carrier p /n/g Chassity Carrier $ 7,500.00 A. 5. Annette Coleman $ 14,000.00 A. 6. Phillip Ferguson $ 6,000.00 A. 7. Stephen Ferranti $ 40,000.00 A. 8, Anthony A./ Darcia M. Golda $ 75,000.00 A. 9. Theresa Morgan $ 15,000.00 A. 10. Roxanne Ojeda $ 335,000.00 A. 11. Papus Sarnbola $ 90,000.00 A. 12. David Siedlecki $ 200,000.00 A. 13, Gary Slomba $ 9,000.00 A. 14. Deborah Staszak, as Adm. of the Est. of Dorothy J. Kroll $ 143,000.00 A. 15. Corinda Stevenson p /n/g Jessica Hendrix $ 5,000.00 A. 16. Albert Tallchief $ 45,000,00 A. 17. Michael E. Triggs $ 3,000.00 Properly Damage B. 1. Lynn Barnes $ 700.00 B. 2. Kevin Bohn $ 12630 B. 3. Rashad Bridgers $ 1,333.95 B. 4. Brandy Crawley $ 1,060.00 B. 5. Rita Falcone $ 225.54 B. 6. Erika Hedberg $ 1,598.63 B. 7. Thomas Kistler $ 216.25 B. 8. Wade Lewis $ 320.81 B. 9. Kevin Luthringer $ 1,318.92 B. 10. Julie Moran $ 500.00 B. 11. Marie Rizzo $ 9,500.00 B. 12. Ann & Thomas Sullivan $ 625.00 B. 13. Leonard Wiggins $ 490.00 Miscellaneous Reimbursement C. 1. Dana Braxton- Rasheed $ 1,940.00 C. 2. Kathryn Gould $ 2,880.00 C. 3. Adam & June Hatfield $ 1,200.00 C. 4. Jessica Kane $ 90.00 C. 5. Michael Mazgajewski $ 2.00 Miscellaneous Invoices D. I. Allied Waste Services $ 501.25 D. 2. Allied Waste Services $ 140.28 D. 3. Buffalo Small Animal Hospital $ 8,522.00 D. 4. Chudy Paper Co. $ 21.5.11 D. 5, Denall, Vitrano & Associates $ 467.25 D. 6. First Niagara Risk Management $ 1,420.83 D. 7, Gross Shuman Brizdle & Gilfillan $ 4,746.82 D. 8. Hiscock Barclay $ 247.50 D. 9. Hiscock Barclay $ 1,201.20 D. 10. Jason Hodge $ 825.00 D. 11. Manko Construction Services $ 8,396.63 D. 12. McCann & McCann Reporting $ 251.25 D. 13. New York State $ 2,275.00 D. 14. New York State Dept. Environmental Conservation $ 3,546.75 D. 15. Terra Viva/Concord Engineering & M &T Bank $13,962.00 D. 16. University Medical $ 30.00 D. 17. Verizon $45,626.75 D. 18. Verizon Wireless $ 249.19 D. 19. Verizon Wireless $ 216.08 D. 20. Verizon Wireless $ 251.77 D. 21. Xerographic Solution $ 1,242.00 Miscellaneous Reward E. l . Tonitet McDowell Items for Discussion $1,000.00 F. 1. Allstate Insurance alslo Shirley Riedhammer $ 3,181.06 F. 2. Theresa Senger $ 199.45 F. 3. Irene Younger $ 600.00 - ZED TO THE COMM11 ON CLAIMS. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May 25, 2010 00037 � To: The Common Council: Date: May 19, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 2483 Bailey (Lovejoy) Type in Upper and [: LLower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2483 Bailey (NYC Market/Mohamed Abdulla) 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 Tvoe Title: Signature of Department Head: JC:PS:rf REFERRED TO THE IT ON LEGISLATION. CITY OF BUFFALO OFFICE OF LICENSES f 313 CITY HALL i 1 BUFFALO, NEW FORE" 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATI ©N NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2483 BAILEY 835 -2819 LO 16 MOHAMED ABDULLA 716 -5630 556884 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL C''ARL, RACK DATEc: — t — / Q DATE: DA'Z'E: ** *REASON OR SAPPROVAL MUST BE STATED BELOW * ** NTARKS: TINS � � f INSPECTOR EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Ap psr p2..pr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK. 14202 INSPECTION /APPROVAL REQUEST AUNCY I DEPARTMENT: FIRE PREVENTION HEJERRED TO: LT. POCZKALSKI APIL,ICATION FOR: NYC MARKET LIECENSE TVE: FOOD STORE ]BUSINESS ADRESS: BUSINESS IIONE✓ C CXUNCIL ITRICT: P®LdCE:1?I CT: APYLIC `A NTE: AP?L. PtiO)!: AP?LICATIV NUMBER: R )EFE1tRALI &TE: DijSAPPROVL REASON: 2483 BAILEY 835 -2819 LO 16 MOHAMED ABDULLA 716 -5630 556884 02/10/2010 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DATE: DSA 01LD DATE: DIFSAPPRON�L CALL RACI DATE: '1EASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 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 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT- POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: A.PPLICA.TION NUMBER: REFERRAL DATE: REMARKS: 2463 BAILEY 835 -2819 LO 16 M014"ED ABDULLA 716 -5630 556884 NEW LICENSE 2010 1DISAPPROYAL REASON: PLEASE CONTACT 851.4951 TO SET UP AN APPOINTMENT. (TO BE COMPLETED) BY AGENCY/DEPARTMENT REFERRED TO) APPROVED � DISAPPROVED DISAPPROVAL f.`ALL BACK DATE:,_ DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *" INSPECTOR Obi AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlap2.rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE Q'3 0 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 2483 BAILEY 835 -2819 LO 16 MOHAMED ABDULLA 716 -5630 556884 02/10/2010 1st request 2/10/2010 2nd request 05/03/2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: ug: DISTRICT CAPTAIN: APPROVED NEW LICENSE 201.0 '16 DISAPPROVED DATE: 1 �u } 'REASON FOR DISAPPROVAL MUST BE STATED BELOW � ** REMARKS: s' - COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK. 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: NYC MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: 2483 BAILEY 835 -2819 LO 16 MOHAMED ABDULLA 716 -56301 556884 NEW LICENSE 2010 . (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) AP O ED DATE: 2 � Z,� L .e�, --- DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: "'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: A �-,' INSPECTOR r' /i RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrpz,rpt Department Of Economic Development, Permit & Inspection Services ice Of Licenses ' 313 City Hall Buffalo, NY 14202 Phone. (716) 851-4078 FAX (716) 851®4952 LICENSE APPLICATION: Please check the category you are applying for R estaurant Food More — Bakery /Confectioner Restaurant Take -Out � 'Meat, Fish, & Poultry Caterer Date z 20 Applicant Nate Rome Phone • i� � - � Applicant Address Number and Street City State ZIP Co- Applicant Name Co Applicant Address Number and Street Oorp€ rati€tn Name City State ZIP Date Incorporated Business Name Baasan�ss Phone Business Address Number and Street City State ZIP Date - Business Certificate Social Security # FAX# ) - Mailing Address __- ( €f different from business) Number and Street State Tax ID # City State ZIP Number of employees (Baker /Confectioner only) FEES Restaurant 0--200 seats.... $174.00 201-400 seats.... $250.00 400+ seats.... $250.00 Restaurant Takeout ...................... $ x$.00 Catering ........... ............................... $ 88.00 Applicant Signature Print Name Food Store ...... ............................... $115.00 Meat, Fish & Poultry (2 yrs) .......... $1 50.00 Balser/ 0 -2 employees - $ 63,00 Confectionery 3/10 employees $105.00 11 - 25 employees .. $157.00 26 -50 employees.- $31.5.00 51-200 employees., $525.00 Subscribed and sworn to before me this day of Co isioner of 'eeds in and for the Ci Buffalo, Nett &W b Nota State at N YWI� county o Aar corr►misq on F-1 fires Jute 26, 20 9 i To: The Common Council: 00035 Date: May 19, 2014 From: De artment of Economic Develo anent Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (blew) [: 2534 Bailey (Lovejoy) Tyne in Upper and I [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx,. C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2534 Bailey (Bailey & Kermit Market /Mohamed Moosa) 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 COMERF'ORD Type Title: ACTING COMMISSIONER i Signature of Department Head: JC:P&rf BRED TO THE COMMITTEE N LEGISLATION. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN F'ITZGERALD APPLICATION FOR: BATLEY & KERMIT MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL BATE: 2534 BAILEY (7!6)831 -7020 1.O 00 MOHAMEQ MOOSA (716) 831 -7020 557268 03/09/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED nrq A PP12 n - .n DISAPPROVAL CALLBACK _�_ I W 1 m l DATE: DATE: DATE: DISAPPROVAL MUST BE STATED BELOW* ** RM# EXT '� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppslip2,rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 MAY 122010 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BAILEY & KERMIT MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2534 BAILEY (716) 831 -7020 LO 00 MOHAMED MOOSA (716) 831 -7020 557268 03/0912010 - ..,,- a>o NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ;;D DATE: APP DISAPPROVED DATE: DISAPPROVAL CALLBACK 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, AppShp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BAILEY & KERMIT MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 2534 BAILEY (716) 831 -7020 LO 00 MOH MED MOOSA (716) 831 -7020 557268 03/09/2010 REMARKS: NEW LICENSE 2011 t: DISAPPROVAL REASON: MUST CLEAN BASEMENT, REMOVE SINK, REMOVE PLUG OVER LARGE SINK, NO EXTENSION CORD (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK * **REASON REMARKS: INSPECTOR DATE C DATE: DATE: DISAPPROVAL MUST BE STATED BELOW * ** RM EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlfp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BAILEY & KERMIT MARKET LICENSE TYPE: FOOD STORE C) 0 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME, APPL, PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E; 2531 BAILEY LO 00 M UAWWAD MOO AlvfED 550165 02/10/2010 REMARKS. RENEWED LICENSE 2010 DISAPPROVAL REASON: CONSTANT CALL FOR GANGS @ CORNER NOT COMING FORM STORE BUT OTHER BUS INESS..STORE DOES NOT HELP BUT SEEMS TO COVER IT UP (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU APPSlip2. rpt DATE: CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: BAILEY & KERMIT MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: . BUSINESS PHO NE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2534 BAILEY / V 2 /-'>- (716) 8317020 LO 00 MOHAMED MOOSA (716) 8317020 557268 03/0R/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) =APPROVED DATE: r DISAPPROVED A , DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** REMARKS: r INSPECTOR ;� < c���° . RM#_ m EXT oSf > AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU Apps'W -rpt -r �"`' DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALT, BUFFALO NY 14202 851 «4078 LICENSE APPLICATION PLEASE CHECK LICENSE C ATEGORY APPLYING FOR RESTAURANT BAKERY __..RESTAURANT TAKBOUT CONFECTIONER MEAT, FISH & POULTRY CATERER _ !FOOD STORE Dar Applicant Name / "! ® EO Applicant Route Phone # Applicant Address /, , U� -- �. Ws (No., Street) (City, Taws a Village) State ( ) Co- Applicant Name (Zip) Co- Applicant Address (Na., Street) ((.ity, Town or Village) (State) Zi ( p) Corporation Name Date Incorporated Business Name ! j A f � Date of Business Certificate . Business Address , ile. .(No., Street) (City, Town or. Village) (State) �.® ) (Zip) Mailing Address (if different than busiiaess address) 59 ,�% [ � (No., Street)' (City,: Town or Villa e r �!� g) (Stag) (Zip) Business Phone # . -AI - S31- Fax #` State 'Tax ID Number - Social Security # . No. of'En1ployees (Baker &Confectioner only) Subscri qed and sworn to before ine this M't Day of Co ssianer of Deeds in and for City of Buffalo, New York Grace Phillips Notary Public, State of New York Qualified In Erie County My Commission Expires 08/07/20 0 RST appl Appltcant'Signature - FEE& RESTAURA T 0400 SEATS $174.00 201- 400 "$,EATS 5250.00 401 + $3100 RMAURANTTAKEOU`T /CkTER1NG S 88.00 MEA.T,FISH & POUL'1RY (Z YRS) $150.00 FOOD STORE $115.00 BAKER/CONFECTIONER. 0 EMPLOYEES -2 563.00 3 -10 $105.00 11 -25 $157.00 26 -50. 5315.00 51 -100 55 25.00 To: The Common Council: Date: May 19, 2010 From: Department of Economic Development, Permit &z Inspection Services Division: Office of Licenses .Subject: [: Food Store (New) [: 473 Jefferson (Ellicott } Type in Upped• and [: Lower Case Only. [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below }: Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 473 Jefferson (Willert Parr Food Market/Khaled Baagari) 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 fi 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. Tyke Department Head Name: .TAMES COMERFORD � Type Title: ACTING COMMISSIONER A � s Signature of Department Head: JC: PS: rP v P CITY OF BUFFALO OFFICE OF LICENSES 313 CITY BALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: WILLERT PARK FOOD MARKET LICENSE TYPE: FOOL? STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1"aw -m DISAPPROVAL REASON: 473 JEFFERSON 854 -5025 EL 08 KHALED BAAGARI 893 -3949 557623 03/23/2010 2nd referral date 4/15/2910 NEW LICENSE 2011 (O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) AI' OVED DA_ TE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK **REASON FOR DISAPPROVAL MUST BE STATED BELOW *** INSPECTOR �kj RM# 3W EXT �� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALE. BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: WILLERT PARK FOOD MARKET LICENSE TYPE: FOOD STOVE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 473 JEFFERSON 854 -5025 EL 08 SAMIR AHMED HASSAN 893 -3949 557623 03/23/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) 1 . (APPROVED DATE: -7 -16 DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: WILLERT PARK FOOD MARKET LICENSE TYPE; FOOD STORE BUSINESS ADDRESS; 473 JEFFERSON BUSINESS PHONE: 854 -5025 COUNCIL DISTRICT: EL POLICE DISTRICT: 08 APPLICANT NAME: KHALED BAAGARI APPL. PHONE: 893 -3949 APPLICATION NUMBER: 557623 REFERRAL DATE: 03/23/2010 REMARKS: DISAPPROVAL, REASON: 2nd referral date 4/15/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) �APPROVED DATE: ' f ��✓ DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR VlJ °- �' � � RM# EXT 1 4 — �62 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrp2.rp1 04- 27 —'10 07 :38 FPOM— MY OF BUFFALO OFFICE OF H ALL- p� 313 MY HALL - BUFFALO, NEW YORK 14202 T -177 P0001/0001 F - 683 MAY 1.0 Z010 AGENCY / ]DEPARTMENT: POLI LICENSE TV)PIE: FOOD STORE 13iJSif.VM ADDRE BUSINESS PHONE: CO UNCIL DISTRICT. PO DISTRICT: A" L1CANT NAME 1APPL, PHONE- APPLICATION NUMBER. REFERRAL HATE: REIARKS: 473 WFERS X 8 08 :,�AAGAR C 394( 23 f 03/2312010 DISAPPROVAL REASON: 2nd referral date 4/1512010 I 90- - - "N w _0 [Ill PLET'EH BY AOENCYA) PARTMENT REPS RED T ®) APPROVED I�A'I`E: V 1 7 0 A L)ATEa -- — .. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: WILLERT PARK FOOD MARKET LICENSE TYPE: FOOD S'T'ORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE: 473 JEFFERSON 854 -5025 EL 08 KHALED BAAGARI 893 -3949 557623 03/2312010 DISAPPROVAL REASON: ONE PARKING TICKET MUST BE PAID NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE : ' DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: �j ** *REASON FOR D MUST BE STATED BELOWX ** REMARKS: rt~�l INSPECTOR RM # �� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSljp2.rp1 P 1 { �23 .. O CE OF LICENUS 313 e� ',c iy�gf wy■fy!���gp/A�p�lpj/n$yy NY .14202 A. PLICAMN MUST a N C OAMSTED IN FULL mdTo rD -RgQump AT ist Ttmk of 'PI,IC ;TION (PLEASE CHECK LICENSE 'CATEGORY ii PLMG FOR) RESTAURANT ' BAX CONFECTIONER' l STA.URAN'r TA OUT A • , • _ Y 6 OD S'I`CR9 FISH & FOULTRY ; Date 20 .� A PP licattt Name APlict dome Phone AppliaatAduress �fi/�c .� �If/ /�- ' y f (No" 5tr000 (City, Torn ©r'U`illage) (Stfi) .(Zip) Cb - Appjicant gamo Co-Applicant Address (No„ Sheet) (City, Tam o� �Iil1e) (States) (Zip) CorporationNfne •,',' k Date Incorporates s �, 9 � b BWiness Name w Z � G /f�v� ' Date offtAftessCortificato a l 0 shw Address "� �� � j� . rl(-ro / (No:. street) (lmM Town oir vie) (Sty) (Zip) Subgcn-bea zad swam t b6 mo . 2� Day of ,I- CouW&sioner of Deady in and for the. ' • t}lty omu a, Newyork PEif'Ri. Ft'CORARO ' Wary Pu6lie State of NewYotk (tuatified in We County My Comarission Wires August l No NON IC V • ' Rst A , p I . Mr. Fontana moved: That the above communication. from the Department of Economic Development, Permit and Inspections Services dated May 19, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Khaled Baagari, d/b /a Willert Park Food Market located at 473 Jefferson, Passed 29 TAB:rmv T :1wp601uiswordlrmv129e5- 25a.doc * AYE *N)* * FONTANA * ' * FRANCZY * GOLOMBEK * HAYNES * ]KEARNS * '� * LOCTRTO * RMRA * RUSSELL * STH * 2/3- 6 3/4- 7 * �" Single Fags Communication to the Common Council To: The Common Council: Date: May 12, 201.0 From: Department: Department of Economic Develo ment Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) 532 Fain Street Prior Council Reference: (if any) [: Ext. ( Item No xxx, C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 532 Main Street for which said renewal application for a Restaurant Dance Class I & 11 license is being sought by Hyatt Regency and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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: Type Title: Signature of Department Head: James Comerford r ing Commissioner Commissioner JC:cap #1 (Rev. 01/1993) l S CITY OF BUFFALO` -2 ' (� f OFFICE OF �'" 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HYATT REGENCY BUFFALO LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT; POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 532 MAIN (716) 856 -1234 EL 00 (000) 000 -0000 212250 E COMPLETED B Y AGENCY/DEPARTMENT REFERRED TO) (APPROVE DATE: 1 6 - l o , DISAPPROVED' DATE: DISAPPROVAL CALL RACK DATE: ' *REASON FOR DISAPPROVAL KIST BE STATED BELOW **'* 3 INSPECTOR RENEWED LICENSE 2010 Lo 1 RM# t r EXT 4 t . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App,5lip2. rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL � � BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: HYATT REGENCY BUFFALO LICENSE 'TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 532 MAIN (71&)856 -1234 EL 00 (000) 000 -0000 212250 RENEWED LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: APPRO QED DISAPPROVED DATE: DISAPPROVAL DATE: CALF RACK * "REASON FOR DISAPPROVAL MUST BE STATED BELOW - h REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU gppS11p2.1pr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HYATT REGENCY BUFFALO LICENSE 'TYPE: RESTAURANTIDANCE ()b BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 532 MAIN (716 )856 -1234 EL 00 (000) 000 -0000 212250 RENEWED LICENSE 2011 _ ( TO BE CO MPLE'T'ED BY AGENC APPROVED - DATE: ,)- / DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED BENT R EFERRED TO' DATE: ce) DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4ppShp2 -rpl c t Mr. Fontana moved: That the above communisation from the Department of Economic Development, Permit and Inspections Services, dated May 12, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class I & H license to the Myatt Regency Buffalo located at 532 Main Street. Passed, 30 TAB: v rkwp6oNrnwy \3oe5- 25a.aoc v *' AYE *NCB* * HAYNES ]KEARNS * '� LOC URTO * * x * RUSSELL * * aj - 5 2/3- 6 3/4- 7 '� ' 00 4 : f Communication to the Common Council To: The Common Council: Date: May 11, 2010 From: Department Department of Economic Development, Permit & Inspection Services Division Office of Licenses Subject: [: Restaurant Dance Class III {: 520 )Niagara Street Prior Council Reference: (1f any) {: Ext. Item No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 520 Niagara Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dancw Class III license is being sought and according to the attached reports from the Zoning Office, File Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tina DeJesus. The attached thereto for Rendezvous of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 0111993) iIONER CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: RENDEZVOUS OF BUFFALO LLC LICENSE 'TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 520 NIAGARA BUSINESS PHONE: - COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: TINA DE.IESUS APPL, PHONE; 716 -5632 APPLICATION NUMBER: 557614 REFERRAL DATE: 04/14/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR A, G. RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL, OF THE OFFICE OF LICENSES, THANK YOU. rAppslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: RENDEZVOUS OF BUFFALO LLC LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 520 NIAGARA BUSINESS PHONE: - COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: TINA DMESUS APPL. PHONE: 7165.632 APPLICATION NUMBER: 557614 REFERRAL DA'Z'E: 04/14/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: C DISAPPROVED REMARKS: DATE: DISTRICT CAPTAIN: W i inn NEW LICENSE 2011 I L -6 k 6 -A&I �,� / APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF P AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4ppSrrp2.rpf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL .BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RENDEZVOUS OF BUFFALO LLC LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 520 NIAGARA BUSINESS PHONE- COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: TINA DEJESUS APPL. PHONE: APPLICATION NUMBER: 557514 REFERRAL DATE: 04/14/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: 1 A) . DATE: DATE: ***REASON FOR DISAPPROVAL MIDST BE STATED BELOW * ** REMARKS: t INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShplrpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RENDEZVOUS OF BUFFALO LLC 6�"jt LICENSE TYPE: RESTAURANT/DANCE NEW LICENSE 2011 BUSINESS ADDRESS: 520 NIAGARA BUSINESS PHONE: - COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: TINA DEJESUS APPL. PHONE:( APPLICATION NUMBER: 557614 REFERRAL DATE: 04/I4/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCY /DEPAR'T'MENT REFERRED T 6 , APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: T � L INSPECTOR b � � RM# 3 EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslinz.rpf R9d) . APPLICATION RELEAS ,. 4) PDgm bapilmen j " 7001,t-1 1 5 PH 3- U Idafilladou S 74 Frankun meet SIGNATUM OF AR m J 20befonuteponauyap to me known to bo fo sul p, person- desodbO inp and two &G 0Xeeu ( )R &U •CWILtE BRAHOOH RELIC, STATE OF HE YORK iLb O SSION EXPIRES IIIJU/KW --Fl of Meds 'ION SBCTj0jj �� f.. i � Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 12, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he .hereby is authorized to grant a Restaurant Dancing Class III license to Tina DeJesus d/b /a Rendezvous of Buffalo located at 520 Niagara Street. Passed. 31 •ran:nnv TAwp6OVnstvord\rmV13 10- doc 1 -� t� RIVE RUSSELL � � � n AY NO FONT ANA F RAN CZ YK GOLOMIBE HAYNE ARNS LOCURT® RIVE RUSSELL � � � #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: May 7, 2010 From: De artment of Economic Development, Permit & Ins ection Services Division: Office of Licenses Subject: [: Scrap Processor [: 301 Hertel Ave (North) [ Type in Upper and I [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx ): Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 301 Hertel Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Adornetto. The attached thereto for John Adornetto d /b /a Buffalo Auto Wrecking Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Tyne Title: INTERIM COMMISSIONER — F Signat of Department Head: XTs:id I� Date. May 7, 2010 To: James Comerford, Interim. Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services E. Common Council Communication Scrap Processor at 301 Hertel. f Per it of Buffalo Ordinance Chapter 254, the following is a check list of requirements for crap Processor Licenses application to the Common Council: V ning Office e Prevention ilding Inspection lice Department lice Record Check Application Director Permit & Inspection P -147C (RM 3196) c '{ APPLICATION RELEASE F® RM tr - IQ BE MAMM-M. Buffalo Police Department - -, Identification Section 74 Franklin Street Buffalo, New York 14202 There is a $ i Q.D© fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through th mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a�Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAM OF APPLICANT: _ % /MAIDEN NAME SIGNATURE OF APPLICANT DATE STA OF NEW YOB ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the � I— day of a , 20 1 Q before me personally appeared � V� K L, - , to me known to be the same person described i > A - - o executed the foregoing instrument and acknowledged the execution thereof: k F CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: SCRAP PROCESSOR 01 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 301 HERTEL (716) 228 -7824 NO 13 JOHN AJ70RNE'ITO (716) 228 -7824 557281 � 03/10/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 1 APPROVED DATE - DISAPPROVED DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: ***REASON FOR DISAPPROVAL DUST BE STATED BELOW * ** .. u COMM. OF POLICE: DATE: f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU .4ppSlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: SCRAP PROCESSOR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: PONCE DISTRICT: APPLICANT" NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL REASON. 301 HERTEL (716) 228 -7821 NO 13 JOHN ADORNI TTd (716) 228 -7824 557281 03/10/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ....�._,.�_n.... , DATE: -- �r /2 APPROVED DISAPPROVED DATE: DISAPPROVAL CALL BACK 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. AppShp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: SCRAP PROCESSOR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT .NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 HERTEL (716) 228 -7824 NO 13 JOHN ADORNETTO (716) 228 -7824 557281 03/10/2010 NEW LICENSE 2011 (TO HE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) m r. AP ROVED DATE:___ � OVER DATE: DISAPPROVAL CALL BACK DATE: ' "REASON FOR DISAPPROVAL MUST BE STATED BELOW` 4' ` INSPECTOR RM# _� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShpIrpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR.: BUFFALO AUTO WRECKING INC. LICENSE TYPE. SCRAP PROCESSOR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 HERTEL (716) 228 -7824 NO 13 JOHN ADORNETTO (716) 228 -7824 557281 03/10/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) mow __ APPROVED DATE: DT APPROVED DATE: DISAPPROVAL CALL BACK DATE: '"REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR t RM# EXT { AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpi BRRON W. BROWN Mayor APPLICATION MUST BE COMPLETED IN DULL JAMES COMERFaRD, Jr. PHOTO ID REQU RED AT TIME OF APPLICATIO Deputy Commissioner NO EXCEPTIONS _ r' - � ,s � #� l�z. SE K S Y� O LYE FOR) ' �� DEPO. - :T Date 20 NO. - / � b rzA -USED CAR DEALER S262.50 SECOND HAND REALER 511$.00 X_ S PROCESSOR $78.75 a FLEA MARKET (NO. OF VENDORS _ ) 1 -10 Tables $7 a e s $IU 9 26+ tables 5210.00 GARAGE SALE $10.50 a day WHOLESALE JUNK (JUNK YARD) S2 62.50 �y APPLICANT NA 4 nt t5 R M fry PHONE NC7. y° 7O , HOME ADDRESS Id 0 )(4 v a ,, /,,, Cws1 _f e T_j - i7 (NO., STREET) (CTTI',T04VN, OR VILLAGE) (STATE) (ZIP) APPLICANT AIOB PLACE OB BIRTH f r rt US cITZ NS (YES) (NO) CO APPLICANT PHONE NO. CO APPLICANT ADDRESS (NO., STREET) (CITY,TOWN, OR VILLAGE) (STA'T'E) (ZIP) CORPORATION NAME CQ v t/t/ t "� C�, DATE INCORPOTtATM) `" -3 BUSINESS NAME EV rM 1 0 19 V7V Gdl1i_ i, t_;t1 PHONE NO. ,;L BUSINESS ADDRESS -3 & (NO., C® S'T'ATE TAXED NUMBER 16_7 2 fO 3 Applicant Signature Subscribed and sworn to before me il�ts day of ft MA 20 1 � Co issto eels in and for the y!3 N L F U"AB y E i y� L g CA i City ofBuffaro, New York' 1 V �/ R E FPdT.ION FEE LIZASETH M MURSZ WSKI Office of.Licenses Notary Public « State of Now York 65 NIAGARA SQUIRE / 313 CITY IIAU BUFFALO, NY 14202-3303 E LM40ETH M MURSZ WSKI D. $ MtJAG94[I20 (716) i 851-4078 / FA;{: (75 16) 81 -4972 �� � pUbll *' Slate of NOW VOrk Qualified In Eris Coun 146 OIMU4604026 My Commlsolon Expires Aug. 31, 27t3 Qtl1111018d In Er County My ad M iltWOO ft PI MS Aug, 3Y, 2073 Mr. Fontana moved; That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 7, 20 10, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Scrap.Processor Dealer License to John Adornetto, dfbia Buffalo Auto Wrecking Inc., located at 301 Hertel Avenue. Passed. 32 Tan:nnv TAwp64\wwordlrmvl32c5- 25a.doc b AYE NO SON l.'ANA FRL'iL @CZYK G OLOMBE K S ai iF itf HEARN L41C TO 9� RIVERA 9ff RUSSELL S1►R , H 'SSt aj ® 5 21 3- 6 � � 3 / 4 - 7 5�F 71i' 000.3 #I (Rev. 1193) Sin le Page Coin mun ication to the Common Council 4 To: The Common Council: Date. May 11, 2010 Prom: De artmenl of Economic Develo gment Permit & Ins 1pection Services Division: Office of Licenses Subject: [: Second Hand Dealer [; 1522 Genesee (Fillmore) Type in Upper and [: Lower Case Only Prior Council Reference: (If Any) [: Ext. ( Item. No. xxx C C P xx/xx/xx Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hanel Dealer License located at 1522 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Shawn Sanders & Harrison Davis. The attached thereto for Shawn Sanders & Harrison Davis d /b /a/Pre Own Enterainment Zone. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMM ITTEE N LE Type Department Head Name: JAMES COMERFORD . Type Title: ACTING COMMISSIONER Signature of Department Head; tf�, JC:PS:jd f Date: May 11, 2010 To. James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 1522 Genesee. City of Buffalo Ordinance Chapter 254, the following is a check list of requirements 3 Second Hand Dealer Licenses application to the Common. Council; Zoning Office Fire Prevention Building Inspection Police Department Police Record Check VJ Application P -1470 (REV. 9/0$) APPLICATION RE LEASE FORM TO BE MAILED Tt3 Buffalo Police Department Identification Section 74 Franklin Street Buffalo , New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: ) ­ l is [MAIDEN NAME SEX M - ___ RACE &L SIGNATURE OF APPLICANT . v DATE STATE. OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the day of �rl�, , 2D, before me personally appeared 5 �• w , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. Notary Public / to imissioner of Deeds t,. ,1 TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNELY' xY S ti YlFYY <!f ]S r -Y RECORD ATTACHED VERIFIED BY: NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASER ON FINGERPRINT IDENTIFICATION DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STA�II FD - BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 1110612009 11:19:5 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT_ NAME: DAVIS, HARRISON DATE OF BIRTH RACE: SEX: ADDRESSA2 NORTHLAND BUFFALO, NY 14208 BUFFALO, NY 14208 SOCIAL SECURITY #: PCN: 06611776 NYSID: BOOKING /ALIAS NAMES: DAVIS, GEORGE PRICE, HARRISON DAVIS, HARRIS DAVIS, HARRISON DAVIS, HARRISON G WARRANT /WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 1012311994 BUFFALO POLICE DEPARTMENT PL 221.05 DISMISSED PL 240.20 PG CPL 160.55 PL 995.05 DISMISSED PL 205.30 DISMISSED 06118/1997 BUFFALO POLICE DEPARTMENT PL 220.50 03 REFER TO: BUFFALO POLICE DEPARTMENT ILL 20 (01 `" REFER TO: BUFFALO POLICE DEPARTMENT ICI 224 [I YOUTHFUL OFFNDR.. PL 220,03 10103!1997 BUFFALO POLICE DEPARTMENT PL 140.05 PG 980.55 PL 140.10 DISMISSED 19/2611997 BUFFALO POLICE DEPARTMENT PL 240.20 PG 160.55 SEAL PL 224.03 DIEM 0110119998 BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT" Cl N NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAA' CIF i t BUFFALO POLICE DEPARTMENT 1 CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 11/0612009 11:19:5 NOTE.: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. p 470 30 ,` REFER TO: BUFFALO POLICE DEPARTMENT pl _30 REFER TO: BUFFALO POLICE DEPARTMENT 091.1911999 BUFFALO POLICE DEPARTMENT ?# 0 REFER TO. BUFFALO POLICE DEPARTMENT 1010312000 BUFFALO POLICE DEPARTMENT CO 293 4,7 REFER TO: BUFFALO POLICE DEPARTMENT PL 221.05 REFER TO: BUFFALO POLICE DEPARTMENT PL 220.03 REFER TO: BUFFALO POLICE DEPARTMENT 02706/2001 BUFFALO POLICE DEPARTMENT VTL 1229 REFER TO: BUFFALO POLICE DEPARTMENT VTL 0511 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 190.23 REFER TO: BUFFALO POLICE DEPARTMENT 0210612001 BUFFALO POLICE DEPARTMENT CPL 420.10 REFER TO: BUFFALO POLICE DEPARTMENT 11/20/2001 BUFFALO POLICE DEPARTMENT PL 190.23 REFER TO: BUFFALO POLICE DEPARTMENT 1112012001 BUFFALO POLICE DEPARTMENT CPL 420.10 REFER TO: BUFFALO POLICE DEPARTMENT 02/1712004 BUFFALO POLICE DEPARTMENT PL4} REFER TO: BUFFALO POLICE DEPARTMENT PL 220.03 REFER TO: BUFFALO POLICE DEPARTMENT PL 195.05 REFER TD: BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PA r J x tq ERIE COUNTY CLERK'S OFFICE 25 DELAWARE AVENUE BUFFALO, NEW YORK 14202 716-8587877 GIVEN TO: NAME: HARRISON DAVIS 114EREBY CERTIFY THAT ON THE 16 DAY OF DECEMBER, 1997 THAT HARRISON DAVIS WAS ADJUDICATED A YOUTHFUL OFFENDER CASE SEALED PER 720.35 CPL. KATHLEEN C. HOCHUL ERIE COUNTY CLERK DATED THIS 23 DAY OF NOVEMBER, 2009 J �T KATH" C f 8- IT 1 N fil'o d hi finty of, fliCe sk d t W i�' a ray rond. and wl of 5'6;d Countly cmd Culur'j o'vi dav iwv z 3 COUNT CERTIFICATE OF CONVICTION - IMPRISONMENT See. 380.60 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the County of Erie,. at the Erie County Hall, In the City of Buffalo, on the 26 day of JANUARY, 1999 Present - Honorable JOSEPH P. McCA.RTHY, JCC INDICTMENT NO: 98 -0272 THE PEOPLE OF THE STATE OF NEW YORK ADA: V. LoTEMPIO DC: D. NOVAK AGAINST CR: M. LAUGHLIN -RUSIN HARRISON DAVIS DOB: DATE OF ARREST: 01 -01 -1998 (plead guilty) The defendant above having (xxxxxxxxxxxx) in this court, on the 2 day of NOVEMBER, 1998 of the crime of CRIMINAL POSSESSION OF A FORGED INSTRUMENT IN THE SECOND (2") DEGREE, PL. 170.25 11 1)" FELONY; personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned in the At N.Y., for the term of CUSTODY TIME: TIME SERVED; FIVE (5) YEARS PROBATION; $ 150.00/$5.00 MANDATORY SURCHARGE /CVAF IMPOSED. YOP on 05 -23 -2000 and RESENTENCED on 05 -23 -2000 to PROBATIONER DISCHARGED; SRCHARGE /CVAF PAID. I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled action. WITNESS my hand and the seal of said court this 23 Clay 2009 Wf 4 c2 t =.s �r KATHLEEN C. HOCHUL i;� 1 Erie County Clerk DC151 . TRANSCRIPT OF RECORD CITY COURT OF THE COUNTY OF ERIE CITY COURT HELD AT BUFFALO THE PEOPLE OF THE S'T'ATE OF NEW YORK VS. DAVIS,HARRISON ARRAIGNMENT OFFENSES: 220.16 220.06 220.50 DOCKET #: 97F-12434 D.O.B.. DATE OF ARREST: 06/18/1997 IV DATE OF PLEA: DATE OF DISPOSITION: 07/24/1997 JUDGE NAME: OGDEN,EJ p�i gs �6 � ou— 1. DISPOSITIONS: 220.06 TRAN IJ ERIE COUNTY ME COURT Y 2 20.50 TRANS INDICTMENT � I HEREBY CERTIFY THAT THIS IS A TRUE TRANSCRIPT OF A RECORD ON FILE IN THE CITY COURT OF THE CITY OF BUFFALO. DATE: NOVEMBER 17, 2009 SHARON THOMAS CLERK OF THE COURT BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS DAVIS,HARRISON DEFENDANT 42NORTHLAND AV --------------------------------------- ADDRESS BUF NY CITY STATE .ZIP DOCKET NUMBER: 98F-00366 NUMBER: 105067 DATE OF ______4__ -- 008622385K NYSID NUMBER 01/01/1998 DATE OF ARREST /ISSUE SUMMONS NO: 170.30 170.30 ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART 01/08/1998 DISM -DIR - PIETRUSZKAJ4 6P I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT, fs 11/17/2009 -------- - �.____ --------- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 105068 THE PEOPLE OF THE STATE OF NEW YORK VS DAVIS,HARRISON DEFENDANT DATE OF BIRTH 24 NORTHUMBERLAND AVENUE 008622385K ADDRESS NYSID NUMBER BUFFALO NY 02/17/2004 --------------------------------------- -------------------------- CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 2004BR002259F SUMMONS NO: 220.05 220.03 195.05 ___.._------------------------------ --- -- ------------- e_ve__- 0-- __m_- _---- __-- - - -_ -_ ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DA'Z'E COURT ACTION JUDGE PART 03/31/2004 PGST CD- IY,CS =50H OGDEN,EJ 12P PG 240.20 06/01/2004 EXS /$75 SU.RCH, $20 CVAF/ OGDEN,EJ CASHIER -12 COLLECT CIVIL I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. 11/17/2009 --------- --- - - - --- FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) P -1470 (REV. 9/08) E FO APPLICATION RELkAS TO BE MAILED To: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 There is a $ 10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: SEA A�,. _ _ RACE CURRENT ADDRESS: DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST '7 j � SIGNATURE OF APPLICANT L1`' 1 r DATE r 4 STATE OF NEW YORK ) l COUNTY OF ERIE ) SS. CITY OF BUFF ) �( t On the day of !, — a 20 a , before me personally appeared ��h ouw to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof, Notary Public / 6m' missioner of Deeds I/ b *x * *x * * * * ****xx*xx £CTION PERSON L te x.rxr TO BE COMPLETED BY IDENTIFICATION SD RECORD ATTACHED VERIFIED BY; NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. - VALID UNTIL_�TAI PED BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 11106/2009 10 :35 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: SANDERS, SHAWN DATE OF BIRTH: RACE: SEX: ADDRESS:, - SOCIAL SECURITY #: PCN: NYSID: BOOKING /ALIAS NAMES: SANDERS, ROBERT SANDERS, SHAWN R SANDERS, SHAWN WARRANT /WANT INQUIRY e REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHA RGE DISPOSITION 0410111997 BUFFALO POLICE DEPARTMENT VTL 1229 REFER TO: BUFFALO POLICE DEPARTMENT PL 229.05 REFER TO: BUFFALO POLICE DEPARTMENT FL2I3 06 05u _: REFER TO: BUFFALO POLICE DEPARTMENT 0910911997 BUFFALO POLICE DEPARTMENT PL 24020 03 DISMISSED PL 240.26 03 DISMISSED PL 24020 02 DISMISSED PL 24026 01 PG 160.55 PL 220.03 DISMISSED 0112711998 BUFFALO POLICE DEPARTMENT PL 24020 PG 160.55 SEAL VTL 1141 DISMISSED PL 220.16 01 DISMISSED PL 220.06 05 DISMISSED.. PL 220.03 09I21f1998 BUFFALO POLICE DEPARTMENT VTL 051101 REFER TO: BUFFALO POLICE DEPARTMENT VTL 0402 01 REFER TO: BUFFALO POLICE DEPARTMENT F� NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. P N 4 F BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 11/06/2009 10:35: NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE"DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. PL 190.23 REFER TO: BUFFALO POLIO DEPARTMENT 09121/1998 BUFFALO POLICE DEPARTMENT VTL 051101 REFER TO: BUFFALO POLICE DEPARTMENT 09/21/1998 BUFFALO POLICE DEPARTMENT CPL 420.10 REFER TO: BUFFALO POLICE DEPARTMENT 0411311999 BUFFALO POLICE DEPARTMENT PL 240.26 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 120.00 01 REFER TO: BUFFALO POLICE DEPARTMENT 04/1311999 BUFFALO POLICE DEPARTMENT CPL 420.10 REFER TO: BUFFALO POLICE DEPARTMENT 04113/1999 BUFFALO POLICE DEPARTMENT CPL 420.10 REFER TO: BUFFALO POLICE DEPARTMENT 08112/1999 BUFFALO POLICE DEPARTMENT PL 240.30 02 REFER TO: BUFFALO POLICE DEPARTMENT PL 240,26 01 REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT REFER TO_ BUFFALO POLICE DEPARTMENT 08112/1999 BUFFALO POLICE DEPARTMENT PL 215.50 REFER TO: BUFFALO POLICE DEPARTMENT Pi12 ~� REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT 0911512000 BUFFALO POLICE DEPARTMENT PL 135.05 REFER TO: BUFFALO POLICE DEPARTMENT PL 2fi 5i REFER TO: BUFFALO POLICE DEPARTMENT REFER TO: BUFFALO POLICE DEPARTMENT w � ^ b � f NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. P;At;;: M CERTIFICATE OF CONVICTION - IMPRISONMENT Sec. 380.60 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the County of Erie, at the Erie County Hall, In the City of Buffalo, on the 9TH day of OCTOBER, 2001 Present - Honorable MICHAEL L. D'AMICO, JCC INDICTMENT NO: 2000 -1929 THE PEOPLE OF THE STATE OF NEW YORK ADA: C. GABLE DC: M. WORRELL AGAINST CR: P. STERLACE SHAWN SANDERS DOB: DATE OF ARREST: 09 -15 -2000 (xxxxx7 xmx) The defendant above having (been convicted) in this court, on the 21 day of MAY, 2001. of the crime of COUNT l: RAPE IN THE FIRST, PL. 130.35 -1, "B" FELONY; COUNT 2: CRIMINAL CONTEMPT IN THE FIRST (I DEGREE, PL. 215.51 -bv, "E" FELONY; .personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned in the At N.Y., for the term of CUS'T'ODY TIME: COUNT.` 1: EIGHT (8) YEARS; COUNT 2: MINIMUM TWO (2) YEARS, MAXIMUM FOUR (4) YEARS, CONCURRENT WITH EACH OTHER; SECOND FELONY OFFENDER; ORDER OF PROTECTION UNTIL 12 -09 -2009; $200.00/$10.00 MANDATORY SURCHARGE /CVAF IMPOSED. RE -TRIAL on 10 -04 -2004 and RESENTENCED on 12 -09 -2004 to COUNT 1: NOT GUILTY; COUNT 2: MINIMUM TWO (2) YEARS, MAXIMUM FOUR (4) YEARS- (CREDIT FOR TIME SERVED); ORDER OF PROTECTION EXECUTED; MANDATORY SURCHARGE /CVAF N /A. I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above- f CERTIFICATE OF CONVICTION - IMPRISONMENT Sec. 380.60 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the Country of Erie, at the Erie County Hall, In the City of Buffalo, on the 9 day of OCTOBER, 2001 Present- Honorable MICHAEL L. D'AMICO, JCC INDICTMENT NO: 2000 -1929 THE PEOPLE OF THE STATE OF NEW YORK ADA: C. GABLE DC: M. WORRELL AGAINST CR: P. STERLACE SHAWN SANDERS DOB: DATE OF ARREST: 09 -15 -2000 (xxxxxxxxxx) The defendant above having (been convicted) in this court, on the 21 day of MAY, 2001 of the crime of COUNT 1: RAPE IN THE FIRST, PL. 130.351, "B" FELONY; COUNT 2: CRIMINAL CONTEMPT IN THE FIRST (I s ") DEGREE, PL. 215.51 -bv, "E" FELONY; personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned in the At N.Y., for the term of CUSTODY TIE: COUNT 1: EIGHT (8) YEARS; COUNT 2: MINIMUM TWO (2) YEARS, MAXIMUM FOUR (4) YEARS, CONCURRENT WITH EACH OTHER; SECOND FELONY OFFENDER; ORDER OF PROTECTION. UNTIL 12- 09-2009; $ 200. 00 /$10.00 MANDATORY SURCHARGE /CVAF IMPOSED. RE -TRIAL on 10-04-2004 and RESENTENCED on 12- 09-2004 to COUNT 1: NOT GUILTY; COUNT 2: MINIMUM TWO (2) YEARS, MAXIMUM FOUR (4) YEARS- (CREDIT FOR TIME SERVED); ORDER OF PROTECTION EXECUTED; MANDATORY SURCHARGE /CVAF N /A. I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled actiqn. , WITNESS a tie se ofsaid court this RD 23 da [p 09 J255 5 i KATHLEEN C. HOCHUL f Erie County Clerk CERTIFICATE OF CONVICTION - IMPRISONMENT Sec. 380.60 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the County of Erie, at the Erie County Hall, In the City of Buffalo, on the 21 sr clay of DECEMBER, 1999 Present - Honorable TIMOTHY J. DRURY, JCC INDICTMENT NO: 99 -1 620 THE PEOPLE OF THE STATE OF NEW YORK ADA: K. MAHLMEISTER DC: J. DAVIS AGAINST CR: M. RAINS SHAWN SANDERS Dos: DATE OF ARREST: 08 -12 -1999 \�'kp (plead guilty) The defendant above having (xxxxxxxxxxxxx) in this court, on the 27 day of OCTOBER, 1999 of the crime of COUNT 1: CRIMINAL CONTEMPT IN THE FIRST (I DEGREE, PL. 215,51 b v, "E" FELONY; COUNT 2: ASSAULT IN THE THIRD (3 DEGREE, PL. 120.00 -1, "A" MISDEMEANOR personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon pronounced that the said defendant be imprisoned in the At N.Y., for the term of CUSTODY TIDE: NO ADDITIONAL TIME; COUNT 1: FIVE (5) YEARS PROBATION; COUNT 2: THREE (3) YEARS PROBATION, CONCURRENT TO EACH OTHER; ORDER OF PROTECTION; $150.00 1$5.00 MANDATORY SURCHARGE /CVAF IMPOSED. VOP on 09-22 -2000 and RESENTENCED on 10-11 -2001 to PROBATION REVOKED; COUNT I: MINIMUM ONE AND ONE THIRD (I & 1 /3) YEARS, MAXIMUM FOUR (4) YEARS; COUNT 2: ONE (1) YEAR, CONCURRENT TO EACH OTHER AND WITH SENTENCE IMPOSED BY JUDGE D'AMICO. I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled action. WITNESS y c�*0't4kA� ', ,of said court this 23 day tIvi, 2D0 � NO U 1 9 KATHLEEN C. HOCHUL Eric County Clerk. G t CERTIFICATE OF CONVICTION - IMPRISONMENT Sec. 380.50 C.P.L. AT A TERM OF THE COUNTY COURT held in and for the County of Erie, at the Erie County Hall, In the City of Buffalo, on the 2I ST day of DECEMBER, 1999 Present - Honorable TIMOTHY J. DRURY, JCC INDICTMENT NO: 99 -1620 THE PEOPLE OF THE STATE OF NEW YORK ADA: K. MAHLMEISTER DC: J. DAVIS AGAINST CR: M. RAINS SHAWN SANDERS DOB: DATE OF ARREST: 08-12 -1999 (plead guilty) The defendant above having (xxxxxxxxxxxxx) in this court, on the 27 day of OCTOBER, 1999 of the crime of COUNT 1: CRIMINAL CONTEMPT IN THE FIRST (1 DEGREE, PL. 215.51 b v, "E" FELONY; COUNT 2: ASSAULT IN THE THIRD (3 DEGREE, PL. 120.00-1, "A" MISDEMEANOR personally appears this day for judgment, the Court informs the defendant, the defendant's counsel and the District Attorney of their rights to make statements and rebuttal to the Courts remarks under Section 380.50 of the C.P.L. Judgment is thereupon . pronounced that the said defendant be imprisoned in the At N.Y., for the term of CUSTODY TIME: NO ADDITIONAL TIME; COUNT 1: FIVE (5) YEARS PROBATION; COUNT 2: THREE (3) YEARS PROBATION, CONCURRENT TO EACH OTHER; ORDER OF PROTECTION; $ 150.00 /$5.00 MANDATORY SURCHARGE /CVAF IMPOSED. VOP on 09-22 -2000 and RESENTENCED on 10 -11 -2001 to PROBATION REVOKED; COUNT 1: MINIMUM ONE AND ONE THIRD (I & 113) YEARS, MAXIMUM FOUR (4) YEARS; COUNT 2: ONE (1) YEAR, CONCURRENT TO EACH OTHER AND WITH SENTENCE IMPOSED BY JUDGE D'AMICO, I HEREBY CERTIFY the foregoing to be a true copy of the entry of Judgment upon the minutes in the above - entitled action. I CU$S my hated anO the seal of said court this dayifIIOV:I MBER, 2009 }t ...�S. 7 4 KATHLEEN C. HOCHUL Erie County Clerk BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS NUMBER: 105070 SANDERS,SHAWN DEFENDANT DATE OF BIRTH 199ROSLYN ST 007958567R ADDRESS NYSID NUMBER BUFFALO NY 08/12/1999 CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 99F- -15517 SUMMONS NO: 215.52 215.51 215.50 ARRAIGNMENT CHARGES CASE DISPOSI'T'ION INFORMATION: DATE COURT ACTION JUDGE PART 08/13/1999 CCTRANS CARNEY,P 13 08/23/1999 DISM -DIR ANDERSON,M 7P TO ERIE COUNTY SUPREME COURT INDICTMENT # L'�1 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT, -_ ___ �_mm a -w_ _ _ ---- -/2009 _- ___ - -_ FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) s 3 s y BUFFALO CITY COURT OF ERIE COUNTY NUMBER: 105071 THE PEOPLE OF THE STATE OF NEW YORK VS SANDERS, SHAWN R DEFENDANT DATE OF BIRTH 199ROSLYN ST 007958567R ADDRESS NYSID NUMBER BUFFALO NY 08/12/1999 CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 99F -15626 SUMMONS NO: 215.51 240.30 240.26 ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART eem_0emm___e__________________ -------------------- - _______ 08/13/1999 CCTRANS CARNEY,P 13 08/23/1999 DISM -DIR ANDERSON,M 7P I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FIDE IN THIS COURT. --------- _M___r-__ ______4___ 11/17/2009 FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL, DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) BUFFALO CITY COURT,OF ERIE COUNTY ' NUMBER: 105072 THE PEOPLE OF THE STATE OF NEW YORK VS SANDERS,SHAWN 3 DEFENDANT DATE OF BIRTH 167 WESTMINS'T'ER AVENUE 007958567R ADDRESS NYSID NUMBER BUFFALO NY 09/15/2000 CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER. 2000ER017778F SUMMONS NO: 130.35 215.51 ARRAIGNMENT .CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART 09/16/2000 CCTRANS MANZ,D 8A 10/24/2000 INDICTED MURPHY,MARGARET 12A I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. 11/17/2009 --------- ----- -- ___ --------- FEE: 5.00 COURT OFFICIAL SIGNATURE; AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) o g L J BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE S'T'ATE OF NEW YORK VS SANDERS,SHAWN DEFENDANT 18ROUNDS AV --------------------------------------- .ADDRESS NUMBER: 105069 DATE OF B IRTH 0079585678 NYSID NUMBER. BUFFALO NY 04/01/1997 CITY STATE ZIP DATE OF ARREST /ISSUE DOCKET NUMBER: 97F- -06634 SUMMONS NO: 220.06 221.05 VTL 1229 ------r___ w__.._ -__--___ -______ -___-___----------------- ----- __--------- __- ____ - -- ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART 05/19/1997 PGSI CD -1Y MURPHY,MARGARET 12A PG 240.20 08/07/1997 EXS /$45 SURCH /COLLECT CIVIL MURPHY,MARGARET CASHIER -12 I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. 11/17/2009 FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE �y (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / D:EPARTrYIENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PRE OWN ENTERAMMENT ZONE LICENSE TYPE- SECOND HAND DEALER `✓ BUSINESS ADDRESS: 1522 GENESEE BUSINESS PHONE: (716) 893 -1246 COUNCIL DISTRICT: 1"1 POLICE DISTRICT: 12 ; APPLICANT NAME: SHAWN SANDEI2S� APPL. PHONE: (716) 893 -1246 APPLICATION NUMBER: 556642 REFERRAL DATE: 12/07/2009 REMARKS: DISAPPROVAL REASON: PARTENER: HARRISON DAVIS E COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ; APPRO DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: 61 NEW LICENSE 2010 APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1 i App51;p o c CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PRE OWN ENTERADM ENT ZONE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE; APPLICATION NUMBER: REFERRAL DATE: 1522 GENESEE (716) 893 -1246 FI 12 SHAWN SANDERS (716)833 -1246 556642 1207/2009 DISAPPROVAL REASON: DISAPPROVAL CALLBACK PARTENER: HARRISON DAVIS AKA 1524 GENESEE NEW LICENSE 2014 DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PRE OWN ENTERAINMENT ZONE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT": POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1522 GENESEE (716) 893 -1246 Fl 12 SHAWN SANDERS (716) 893 -1246 556642 1210712009 REMARKS: DISAPPROVAL REASON: PARTENER: HARRISON DAVIS AKA 1524 GENESEE NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) do PPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RM# EXT�� V IA AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSli F.pl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY f DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PRE OWN ENTERAINMENT ZONE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION N 3MBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1522 GENESEE (716) 8931246 F1 12 SHAWNT SANDERS (716) 893 -1246 556642 12/07/2009 PARTENER: IIARBJSON DAVIS AKA 1524 GENESEE 3rd request NEW LICENSE 2014. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPR011 _ DATE: DISAPPROVED DATE: DISAPPROVAL CAIA, BACK DATE: ***;'REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** HIN T UMARm - INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2rpr BYRON W. BROWN Mayer CITY OF 13UFFALO DEPARTMENT OF ECONOMIC D EVE LOP MENT PERMIT & INSPECTION SERVICES OFFI OF LI C F- NS E S APPLICATION MU U COMPILET91) IN "LL PHOTO W. REQUMD AT TM OF APPLICATION No EXCEPTIONS E C N 9q0 r APPL F R 1 Date f 20 t T PHONE NO. APPLICANT NAM n BRIAN REILLY Commissioner V S- --p JANMS COMERFORD, Jr. Deputy Commissioner • 5 ! USED CAR DEALER $262.54 ,_,2C_ SBCOND HAND DEALER $118.00 - SCRAP PROCESSOR $7$.75 FLEA MARKET (NO, OF "VENDORS _ :) 1 -10 `fables $78.75 11 -25 Tables $105.00 26+ tables $210.00 GARAGE SA.I,E $10.50 a day WHOLESALE JIM (RINK YARD) 5262.50 2.15 ROME ADDRIM + � 1 t 11 , - GFi (NO., MEET (C1TY, OR VILLA E) (STATE) AP3PLICANT D, 1O w , PLACE f)E. %TH.� v5 CIX LENS _,_ Ce ( ) O) CO APPLICMT- NAW t mac; CA PHONE • NO CO APPLICANT OR INCORPORATED f � •�=' CORPORA'T'ION NAItiE 4; ` U v- BUSEW,SS NAME I r t G L. VV `•' V b" Yt1 PHONE NO ._1 RCJSMESS ADDRESS (NC1., STTtEET) (Crrx1 TOV STATE TAX IUD NUMER 17 subscrr !1 d sworn to before Hi this L" Z day Of � df corrmissiver ojlJeeds irta re Cil3' of ' aaffalo, New fork . O R VILLAGE) (STA'fi (ZIP) * A 4A0 ' e0nt 8i 1 904tuP 0 :z �- -� ? Office of Licenses 6s NIAGARA SQUARE / 313 CITY ELAI3 BUFFALO, NY 1421123303 (7%) 851 -4078 / -F (710 851 -4972 000 Communication to the Common Council To: The Common Council: Date: May 18, 2010 From: Department Department of Economic Development Permit & Ins action Services Division Office of Licenses Subject: [: Sidewalk Cafe [:49 'Nest Chippewa [: New Owner Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xxlxx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 49 West Chippewa and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Indulge. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: / 4AMES COMERFORD ACTING COMMISSIONER JC:cap 41 (Rev. 01 /1993) t BRYWN W. BROWN Mayor CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPEC'T'ION SERVICES OFFICE OF LICENSES 65 Niagara Square 313 City Halt Buffalo NY 14202 (716) 851 - 4078 / FAX (716) 851 - 4972 JAMES COMERFORD, Jr. Commissioner APPLICATION i CA Da Applicant Name Business Name ,___... L 1y1; Phone Z-04�� Phone Business Address I' " /-I 1 L/ ao)- street city state zip Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number ) 2. General Liability Insurance. Certificate holder must be the City of Buffalo, City Hall, Office of Licenses Room. 313, Buffalo NY 14202 as thejglicy holder with a ten (10) day cancellation clause. ' 3. Dimensions of the cafe _aaisv�— Number of tables Number of chairs ' r 4. Describe method of installing cafe boundaries ( ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe way not be permanently affixed to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed and sworn before me this day of 20 r'rf Comm issio0eI ofW g -in nd1' ©r the City of Buffalo t 1 i Applicant Signature Signature of owner of building, if different than applicant - r14 �� 9-6 11 . Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 18, 2010, be received and fled; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Burt Mimi, applicant, d/b/a Indulge located at 49 West Chippewa, to install a 20' x S' sidewalk cafe, which would encroach city right-of-way at said address, subject to the conditions, as requested, by the Commissioner. Passed. 34 TAB;rmv T Awp6OVnsworftnv134c5- 25a_doc * AYE *N®* FONTANA x x FRANCZ LgOA.IO,tV.1BE x �C [' B M H NES � �j KE S yy gg��yy A. OCU T O RUSSELL S AHM Maj ° 5 sE 9@ J j 5f 213- 6 3/4- 7 Communication to the Common Council To: The Common Council: Date: May 20, 2010 From: Department Department of Economic Development, Permit & Inspection Services Division Office of Licenses Subject: [: Sidewalk Cafe [:929 Elmwood Avenue [: New Owner Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 929 Elmwood Avenue and find that as to form is correct. This Sidewalk Ca& had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Mezza Restaurant and Lounge. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: /JJAMES COMERFORD, ACTING COMMISSIONER JC :cap #1 (Rev. 0111993) 1 • �3 BRYON W. BROWN Mayor OFFICE OF LICENSES 65 Niagara Square 313 City Hall Buffalo NY 14242 JAMES (716) 851 -4078 / FAX (716) 851 -4972 C M APPLICATION f ®r a SIDEWALK CAFE Dale r , Applicant Name Te : ` e( — Phone Business Maine c a, c Phone .business Address E l vt w I street city state zip .Requirements: 1. Applicant has a Restaurant License. (Restaurant License Number 2. General .Liability Insurance. Certificate holder must be the City of Buffalo, City Hall, Office of Licenses Room 313, Buffalo NY 14202 as the policy holder with a ten (10) day cancellation clause. 3. Dimensions of the cafe � � �� � � A.- Number of tables Number of chairs � �- 4. Describe method of installing cafe boundaries (ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Shaw the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed and swo n before me this lr day of 20 lo Commissioner of Deeds in and fob e City of Buffalo CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES Applicant Signature Signature of owner of building, if different than applicant i�' Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 20, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Peter J. Eid, applicant, d/b /a Mezza Restaurant and Lounge located at 929 Elmwood, to install a 27' x 8' — 216' sidewalk cafe, which would encroach city right - of -way at said address, subject to the conditions, as requested, by the Commissioner. Passed. 35 TAB:rmv T:Iwp6Mm wordVmvl35c5- Z5a.doc * AYE *NO* 9 r., FONTANA * FRANCZYK x OOLOEK * HAYNES * KEARNS * LOCURTO * RIVERA * RUSSELL * SMITH * Maj _ 5 * * * 213- 6 3/4- 7 U6 #I (Rev 1/93) Sin le Pa e Communication to the Common Council To: The Common Council: Date: May 7, 2010 From: Department of Economic Development, Permit & Ines ection Services Division: Office of Licenses I Type inU erand[ Lower Case Onl Subject: [: Used Car Dealer [: 1526 William (Lovejoy) C� Prior Council Reference: (If Any) [: Ext. ( Item No axx C C P xxixx/xx Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1526 William and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Derjuan Baldwin. The attached thereto for Dezjuan Baldwin dba/ Juan's Auto. This request is submitted for your approval or whatever action you deem appropriate. !y e Department Head Name: .TAMES COMERFORD Type Title: INTERIM COMMIS Signature of Department Head: JC:PS:jad REFERRED TO THE COMMITT ON LE Dates: May 7, 2010 T®, James Comerford, Interim Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE. Common Council Communication Used Car Dealer at 1526 William. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for asU'ed Car Dealer Licenses application to the Common Council: tuning Off ce Fire Prevention Building Inspection /�olice Department Police Record Check Application CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: JUAN'S AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: .BUSINESS PHONE: COUN DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1526 WILLIAM (716) 846 =3800 J Lo 11 DER3UAN BALDWIN (716) 536 -7768 557231 03/05/2010 REMARKS: DISAPPROVAL REASON: CALL 5367768 BEFORE G01NG OUT 11.3 r e f NEW INCENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: �_.... DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR { _ . Z-� R RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSrparpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: JUAN'S AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT; POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1526 WILLIAM (716) 846 -3800 LO II DER.IUAN BALDWIN (716) 536 -7768 557231 03/0512010 CALL 5367768 BEFORE GOING OUT NEW LICENSE 2011 EXTERIOR & INTERIOR VIOLA'T'IONS. MUST BE CORRECTED. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** f � INSPECTOR RMf EXT IN ky-2 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. r#ppSl ip2. rpl . CITY OF BUFFALO OFFICE O F LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: JUAN'S AUTO LICENSE 'TYPE: BUSINESS ADDRESS BUSINESS PHONE: COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMI REFERRAL DATE: REMARKS: USED CAR DEALER 1526 WILLIAM (716) 846 -3800 LO II DERJUAN BALDWIN (716) 536 °7768 IER: 557231 03/05/2010 CALL 536 - 7768 BEFORE GOrNG OUT DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOTTED D ATE: DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR t " �' RM# EST` AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. AppSllp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1.4202 INSPECTION /APPROVAL REOUEST AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: JUAN'S AUTO LICENSE TYPE: USED CAR DEALER NEW LICENSE 2011 BUSINESS ADDRESS: 1526 WILLIAM A K : W1 b BUSINESS PHONE: (716) 846 -3804 COUNCIL DISTRICT: LO POLICE DISTRICT: I I APPLICANT NAME: DE APPL. PHONE: (71 536- � APPLICATION NUMBER: 5572 A REFERRAL. DATE: 03/05/2010 bp REMARKS: CAL 536 -7768 EFORE GOING OUT DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIHEPA REF 7D TO) APPROVED DATE: F - 0 1 4 DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: i Z7 7:�7 COMM. OF POLICE:Cora IIex Of Police AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU AppSfip2.rp1 p•147C (REV. 3196) APPLTCATION RELEASE FORM IB police Department Ivdent csVon Sftt.iOn 74 Iraom, � i Feet i�nft'al0 , Now York 14202 There is a x.10, fee to process this data. By mail, paymeni MUSS' be rude by 1110116Y Order -1)0 NOT send cagh through the mail, In persona, payment can be made by money order or cash_ Checks are not accepted, l &e money order payable to the Btef alo Police Deparwent- 211 the Be sure to include a stamged, self-addressed envelope so that this ai farm b NQ m Public (o) Comm ssio eo these isas zctio>�s , y fDeeds,'= infnrmatic ai listed below and have your identification and signature veered Y y ou ItiLL NOT remive the requested listed on the bottom of this appl`iaat`iOn. W"athout total 'compliance to i�nfc��ation. - SIGNATURE OF AF1'LXCA STATE OF NEW YORK ) COUNTY OF EWE ) Ss. OITY OF BUFFALO } CJaa th day of 2U before mo personally appeared a ° to k �, rnown to be the wane persan des `bed its, �d �t fl executed- th rejaitag inst ent a the execution thereof ALL SIGNAMMS MUST 13F, ORIGINAL BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT 5 z DATE OF INQUIRY: 03/05/2010 10 -.38 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: BALDWIN, DERJUAN C ADDRESS: 100 SUSSEX BFLO, NY I FLO, NY SOCIAL SECURITY #: BOOKING /ALIAS NAMES: BALDWIN, DERJUAN BALDWIN, DERJUAN C WARRANTIWANT INQUIRY - REFER TO RACE: SEX: WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BYLAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY C HAR G E DISPOSITION 02/0211997 BUFFALO POLICE DEPARTMENT PL 170.70 01 REFER T0: BUFFALO POLICE DEPARTMENT PL 170.70 03 REFER TO: BUFFALO POLICE DEPARTMENT VTL 0511 01A REFER TO: BUFFALO POLICE DEPARTMENT VTL 0402 04 REFER TO: BUFFALO POLICE DEPARTMENT PL 165.40 REFER TO: BUFFALO POLICE DEPARTMENT PL 170.70 02 REFER TO: BUFFALO POLICE DEPARTMENT PL 170.65 03 REFER TO: BUFFALO POLICE DEPARTMENT PL 170.65 02 REFER TO: BUFFALO POLICE DEPARTMENT 09/12/1999 BUFFALO POLICE DEPARTMENT VTL 0401 REFER TO: BUFFALO POLICE DEPARTMENT VTL 0402 REFER TO: BUFFALO POLICE DEPARTMENT PL 165.40 REFER TO: BUFFALO POLICE DEPARTMENT DATE OF BIRTH: PCN: 06922264 NYSID: NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 Cheektowaga Police Department 3223 Union Road Cheektowaga, New York 14227 = (716) 686 -3945 LOCAL CRIMINAL BACKGROUND REPORT Date: 3/5/2010 Al ias: Name: DERJUAN DALDWIN Street: 49 FREUND CMV: BUFFALO State: NY Zip Code: 14211 . Y , =M 0 �...- ... Street: CITIV: State: ,Zip Code: DOD: Date of Arrest: 2/16/1999 eI Complainant: Disposition: Judge: Date of Arrest: Offense Complainant: Disposition: Judge: VTL 0512 OPER MV WITH SUSPENDED REGISTRATION POLICE RED. TO VTL 1201 - PARKING $100 FINE KMIOTEK 4/2211999 ard ffe O BUFFALO POLICE DEPARTMENT RAP SHEET KIUI#: 06922264 NYSID #: 08506124-R FBI #: 980455DB6 Master Name: BALDWIN, DERJUAN C Master DOB: V411ORMW Current Age: 27 Most Recent Address: 100 SUSSEX, BFLO NY US Report Date: 11102/2005 10:25 Report Printed By' BYRNE, Greg Page: I of 1 Sex: Male Race: Black Ethnicity: Non-Hispanic Nntp.- Then Charne disnositions show in bold below the original charge. Arrest Date Incident # Booking Name Charges Booking # First Alias Cis Law Section Sub At% C1 Cat Deg NCIC Description 09/12/1995 aup 99-255oa54 BALDWIN, DERJUAN I PL 165 A0 N A K 5 2864 POSS STOL PRPTY VTL 0402 N 1 0 5499 NUM PLATE VIOL A I VTL 0401 N 1 0 5499 REGISTRATIN 10 now"_M_ DERJUAN C lGi ili� 99-GOSSS-99 (A) 02/02/1997 Bu , 97-oo2068? BALDWIN, DERJUAN I 2 F PL 170�65 02 N 0 2589 FORGERY OF VIN .... ...... ­Jg 0 2 - 97-DO646-99 {A I PL 170 65 03 N E F 0 2589 FORGERY OF VIN I PL 170,10 01 N a F 0 25$9 iLLEG FOSS VIN " S' R ""A Q I I ,"m 'nx r" I S"'N ar— t A zh am .0 , _a I FL 170.70 02 N E F 0 2569 ILLEG FOSS VW 1jQ; 3. FL 170.70 03 N 9 F 0 2S89 tLLEG POSS VIN I PL 565.40 N A M 5 2604 POSS STOL PRPTY I VTL 055.1 01A N 1 0 5459 AGG UNLIC OPER I VTL 0402 04 N 1 0 $499 NUM PLATE VIOL ....... ... * Not based on Fingerprints BUFFALO CITY COURT OF ERIE COUNT' NUMBER: 74806 s THE PEOPLE OF THE S'T'ATE OF NEW YORK VS BALDWIN,DERJUAN DEFENDANT 100SUSSEX ADDRESS BFLO NY CITY STATE ZIP DOCKET NUMBER: 97F -02374 o wsomplom DATE OF BIRTH 008506124R NYSID NUMBER 02/02/1997 DATE OF ARREST /ISSUE SUMMONS NO: 170.65 170.65 170.70 170.70 170.70 165.40 VTL 511A VTL 402.4 O�, ARRAIGNMENT CHARGES CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART 04/08/1997 PGSI CD =1Y CARNEY,P 13A PG 110- 170.20 06/12/1997 EXS CARNEY,P 13 I:HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT l 11/03/2005 ----- -- ------------------------ f --------- FEE. 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) ] CITY OF EC DEPARTMENT OF DEVEL REKNIT & INSPECTION SERVICES OFFICE OF LICENSES APPLICATION MUST'.BE COMPLMD IN FULL PHOTO ID 1REQ mE D AT TIME OR A NO EXCEP'T'IONS MLXAAF_,gMCK LICE NS API` GOR S G F' i bate 7 20 it qz- C, 0 __ w USRU CAR DEAL =$U2.50 SFCOND HAND DEALER $118.40 SCRAP PROCESSOR 58.75 FLEA MAR.KBT (N0, OF VEND01t.S ___„ 1 -10 Tables $78.75 1125 Tables $105.00 26+ tables $210" GARAGE SALE $10.50 a day WHOLESALE JUNK (JUNK, YARD) $262.50 C APPLICANT NAME u t� �l t. a(J �► 1 PHONE No, "� 7 HOME fA "0 (CITY, . wo �T APPLLICANT pals PUCE Old SIATH US CITZNS () (NO) PT�oNI� Ivo. CO APPLICANT NP�� CO APPLICANT ADDRESS ( STATE) (ZIP) (NOy STREM (CITY,TOWNs OR VILLAGE) C4ILPORATION NAME DA'Z'EINCORPOR4TED BUSINESS NAME �_ -. _ .. _ - -' BUSINESS 152Q W) L(_ w --, tA (Ci'I"'!w', TOW /f Z/ 0 STATE TAX ID NMSRR Subscribed and sworn to before me Phi ' CommlrsaonerofDeeds In andfoMe Cuy ofBujJ'do, New fork . BRYAN REILLY Commissioner JANMS COMERFORD, Jr. Deputy Commissioner (ZIP) .NON BEFUNDABLE APPLICATIO)NFEE office d Licenses. 65 NIAGARA SQIJARR / 313 CITY "ALL BUFFALO, NY 14202-3303 (716) 851 -4078 /"FAX: (716) 851 -4972 007 #1 (Rev,. 1,93) Single Page Communication to the Common Council a r To: The Common Council: Date: May 7, 2010 From: Denartment of Economic Development, Permit f& Inspection Services Division: Office of Licenses ] Type in Upper and Lower Case Only Subject: [: Wholesale Junk Dealer 301 Hertel Ave (North) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 301 Hertel Ave and find that as to forth is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Adornetto. The attached thereto for John Adornetto d /b /a Buffalo Auto Wrecking Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department mead Name: JAMES COMERFORD Iry Type Title: TERIIv1 COMMISSIONER Signature of Department Head: XT Sid E) A.Ali:. a ' ..... � . Date: May 7, 2010 To. James Comerford, Interim Commissioner Proms Patrick Sole Jr., Director of Permits & Inspection Services E. Common Council Communication Wholesale Junk Dealer at 30.1 Hertel. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Nyholesale Junk Licenses application to the Common Council: ning Office /Fix Prevention wilding Inspection Police Department Police Record Check Application Date P -147C (R-Y V, 3196) y APPLICATION ION LEASE FORM - cry_ TO BE MAiLED_TO: a** Buffalo Police Department w� Identification Section 74 Franklin Street F Buffalo, New York 14202. There is a $10.00 fee to process this data. By mail, payment DUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a�Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILT. NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL � NAME OF APPLICANT: � ' q r2- Pl /V. /ya STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO SIGNATURE OF APPLICANT DATE } SS. } On the day of � �. (`�� , 20 � � , before me personally appeared e- �AA to me known to be the same person described i executed the foregoing instrument and acknowledged the execution thereof. Y4 t F3 CITY OF BUFFALO F OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER F'� O POLICE APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: WHOLESALE rUNK a NEW LICENSE 2011 BUSINESS ADDRESS: 301 HERTEL BUSINESS PHONE: (716) 228 -7824 COUNCIL DISTRICT: NO POLICE DISTRICT: 13 APPLICANT NAME: JOHN ADORNETTO !L N_.. APP/.. PHONE: (716) 228 -7824 APPLICATION 'UMBER: 557279 REFERRAL DATE: 03110/20.10 REMARKS: DYSAPPROVAI. REASON: s (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) PPROVED DATE: DI REMARKS: DISTRICT C7 APPROVED DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *�* COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App57ip2. rpt f��`� CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: WHOLESALE J[JNK BUSINESS ADDRESS: .BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER. REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 HER.TEL (716) 228 -7824 NO 13 JOHN ADORNETTO (716) 225 -7824 557279 03/10/2010 NEW LICENSE, 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ROVED DATE :`v DISAPPROVED DATE: DISAPPROVAL C.'AI,1, BACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW' ** REMARKS: INSPECTOR 7l 6it Ze RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. TITANIC YOU. Appsrlp2rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: WHOLESALE JUNK BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 301 HERTEL (716) 228 -7824 NO 13 JOHN ADORNE•1 TO (716) 228 -7824 557279 03/10/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE : � / DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: n: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EST f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSdip2.rpf CITY OF BUFFALO ° OFFICE OF LICENSES 313 CITY HALL BUFFALO, NE's YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BUFFALO AUTO WRECKING INC. LICENSE TYPE: WHOLESALE. SUNK BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 301 HERTEL (716) 228-7824 NO 13 JOHN ADORNET'TO (716) 228 -7824 557279 03/10/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) �z APPROVED DATE: S -- DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` INSPECTOR f y RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rp1 �A BYOON W. BROWN Mayor USED CAR DEALER $262.50 APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS :.. SECOND HAND DEALER JAMES COMERFORD, Jr. Deputy Commissioner SS 3 E ?1409 PROCESSOR 578.75 FLEA MARKET (NO. OF VENDORS - _ ) 1 -10 Tables 26+ tables $210.00 GARAGE SALE $10.50 a day 7 X WHOLESALE TANK (JUNK YARD) $262.50 APPLICANT NAME 6 in. n/ !3 �. At/ C 7-0 PHONE X10. t?` ✓ O V' HOME STREET) /v_ LJEPO S N0- _,_,q1Y 6L 5 F m. ' I S118.00 ,TOWN, OR VILLAGE) �aSi (ZIP) APPLICANT D/O PLACE OF BIRTH_& 4 14 A' US CITLENS (YES) (NO) CO APPLICANT NAME PHONE NO. CO APPLICANT ADDRESS (NO., STREET) (CITY,T0 - vVN, OR VILLAGE) (STATE) (LIP) CORPORATION NAME DATE INCORPORATED —3 f " I1USINESS NANIE L i 1 U j fCA' vC . PHONE NO. �^- A e ��c� ....- — BUSINESS ADDRESS 3 0 / v l � 6) c f (NO., STREET) (CITY, TOWN OR VILLAGE) (S ATE) STATE TAX ID NUMBER /0 .36P Subscribed and sworn to before me this_ daY af -_,_..' €�- 20 0 Comhrdssior3eeds in and for the 0ty of Buffalo New York Applicant X ftnZre_ l NON R E F UND A B L E A PPL I CA T IO N F E E ELIZABETH M MURSZEWSKI Office of Licenses Notary Public - State o f New york 65 NIAGARA SQUARE / 313 CITY I-LAU No, OIMU4694026 BUFFALO, NY 14202 -3303 Ouallfied In Fria Co u nty (716)851 . 4078 / FAX: (716) 651-4972 MY C (Immi loo Expires Aug. 31., 05J,3 ELIZABETH M MURUgWSKI Nowly public - state Of Now York CIO. QUOINIOd In Frig County My CaMM' "Otr ft bir0a Aug, 31, 2013 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 7, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Whole Sale Junk Dealer license to John Adornetto d/b /a Buffalo Auto Wrecking Inc. located at 301 Hertel Avenue. Passed. 37 Tal3:rnv TAwp6UVmvor&nn0 ;7c5- 25a.doc AYE NO FON /A NA 1 C � D j- � 5 X 4+i $C E CZYK V OLOA R ■ EK S� 9� IlAYN Sk Yf �Y 9E KEARNS LJip C URTO RMRA 'Sff RUSSELL 5� s mrm 3C 7 a] ® 5 is 2/3— 6 3/4- 7 lk FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS May 25, 2010 . SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL � TO: THE COMMON COUNCIL: DATE: 051/3/2010 FROM: DEPARTMENT: Administration & Finance SUBJECT: [:Third Quarter Gap 1:2009 -2010 I� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xxlxx/xx) The Third Quarter of 2009 -2010 anticipates the year to end with a $3.03 million surplus. The revenues are projected to come in higher than budget due to a New York State reimbursement from Restore New York of $2.061 million. There is also a reimbursement from BURR of $575,000 from completed paving contracts in 2008- 09 that was not part of the adopted budget. As in the Second Quarter, the City got the benefit of an extra year of Medicaid D reimbursements that had been previously delayed. Interest revenues have started to increase, so the City will see an additional $800,000 in that category. Service Charges are trending down and are projected to come in $588,000 below budget. There are personnel and departmental savings throughout most departments . In general charges, there will be an overage in Prior Year claims of $4.2 million and PFRS Pension costs carne in at $2.4 million higher than budget. The administration recognizes the fiscal concerns facing the nation and New York State and will continue to budget and manage in this conservative manner. SIGNATURE DEPARTMENT HEAD TITLE : Director of Budget, Administration and Finance REFERRED TO THE SPECIAL COMMITTEE F f FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING May 2 S, 2010 000 Y t 4� COMMUNICATION TO THE COMMON COUNCIL TO. THE COMMON COUNCIL. DATE. May 24, 2010 FROM: DEPARTMENT: Community Services & Recreational Programming PRIOR COUNCIL. REFERENCE: None SUBJECT: City's Department of Community ,Services & Recreational Programming's 'Proposed Agreement with The Police Athletic League of Buffalo, Inc. to Administer The Mayor's Summer Youth Employment Program The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Police Athletic League of Buffalo, Inc. ( "PAL ") to administer the Mayor's Summer Youth Employment Program (the "Youth Program "). The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months in valuable on the job work and life experience ventures. Until now, the Youth Program administration (management, set up, payroll functions, wind down, wrap -up and etc.) has typically been done through various City offices or departments, most recently through the City Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day management, troubleshooting and administration. The City's engagement of PAL to directly oversee the payroll responsibilities of the Program which will result in the efficient delivery of pay to the City's youth. The City of Buffalo's Department of Community Services and Recreational Programming will continue to oversee the program's administrative, day to day aspects including recruitment, training, placement and serve as the contact between the worksites, youth and supervisors.The Youth Program's funding from City budget sources for this summer (City's fiscal year 2010 -11 budget beginning July 1, 2010) is expected to be at least $937,000. Direct operation and management of the payroll by PAL of the Youth Program is expected to facilitate faster and more efficient payroll turnaround and direct '` 9 i payroll distribution to the participating youth. One of the expected initiatives for this year is the introduction of "rechargeable pay cards" to be provided to the participating youth rather than the unwieldy and inefficient paper pay check system which has proven to be inefficient in the past. The City's engagement of PAL for Youth Program management also opens up the opportunity for charitable giving by various funding sources to play a more prominent role in contributing to a very successful year in this time honored Buffalo tradition. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund up to $937,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of managing and operating the Youth Program , 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the Agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. SIGNATURE: DEPARTMENT HEAD NAME: Tanya Perrin m Johnson TITLE: Commissioner REFERRED TO THE COMMITTEE ON FINANCE, 4 I Oro s City of Buffalo Department of Community Services & Recreational Programming Byron W. Brown Tanya Perrin - Johnson Mayor Commissioner TO: Richard Fontana Chairman, Common Council Budget Committee FR: Tanya Perrin -- Johnson, Commissioner RE: Requested Information DT: May 15, 2010 List below is a response to the questions posed: Telecommunication devices: Commissioner Tanya Perrin - Johnson, blackberry - $840.00 annual Joe Provenzano, Cell Phone, Senior Services Van Driver - $720.00 Stanely Depczynski, Cell Phone, Senior Services Van Driver - $720.00 (was cards Joe Provenzano, Cell Phone, Senior Services Van Driver Stanely Depczynski, Cell Phone, Senior Services Van Driver Positions Counselor II — 9 mths (2) Counselor III — 2mths & 4 mths Stenographic Secretary — 9 mths Senior Services Specialist -- 9 mths Laborer — 9 mths REFERRED TO THE SPECIAL CO MMITTEE IT TEE T f � 7 C} FROM THE BOARD OF EDUCATION May 25, 2010 f05. #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 18, 2010 FROM: DEPARTMENT: Board of Education. DIVISION: OFFICE OF THE SUPERINTENDENT SUBJECT:: "Move School Board Elections to November" Res # 104 C.C.P. May 11, 2010 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item no. Res # 104 C.C.P. May 11, 2010 TEXT: (TYPE SINGLE SPACE BELOW) The Buffalo Board of Education's position in the past has been to keep the May elections. The Board will take this item up in a Committee and will send an official opinion to the Council as soon as possible. TYPE DEPARTMENT HEAD NAME: James M. Kane TYPE TITLE: dief of Staff SIGNATURE OF DEPARTMENT HEAD: ' REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION 3� 4 l ; Vc, FROM THE CITY CLERK May 2S, 2014 00052 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: AUDIT & CONTROL RECEIVED AND FILED. -0 REGURDS DISPOSITION REQUEST DATE OF REQUEST: ! / ` Al DEPARTMENT : ,4 DIVISION 1 " d , 4__ - , REQUESTED BY: ? •s pit« s r�� (NAME AND DESCRIPTION OF RECORDS: !" 3ca 3 5 � RECORD DATES: <��73. . MUSE A SEPARATE FOB FOR EACH BREAK IN DATES) TYPE OF RECORDS: ORIGINAL: � C ®PYz CARTON i FOLDER, ETC. LOCATION OF RECORDS a I -1 )- ld c4 /f METHOD: �CYCL E SHRED QUANTITY: — 1 - -v X OR CONIC. FEET THIS REQUEST PURSUANT TO HYS A%ICHIVES ADD RECORDS ADMINISTRATION REGILATIONS® T#E SIGNATURES .BELOW CERTIFY THAT THE REQUEST FOR DISPOSITION OF RECORDS IS IN CONFORMANCE WITH NEW YORK STATE fiRCHIVES AND RECORDS ADMINISTRATION GUIDL.IINEIS, AS INDICATED, AND THE ABOVE LISTED HECORD(S) MAY RE DESTROYED. DIVISION HEAD DEPARTMENT MEAD CITY RECORDS DISP. OFFICER DATE: DATE, ® i DATE: DATE: p / L i UILIZ WUa NIL NUKIFIED: DESTROYED BY: DATE OF DESTRUCTION: WITN ESSED BY: HAKE COPIES OF THIS FORM FOR FUTURE USE A ntouawa ulziruba a IUN lmquez r DATE OF REQUEST: DEPARTMENT: 4 q DIVISION, REQUESTED BY: :5 l , Uj v ✓1 r o �-- a QUANTITY: OR: CURIC . FEE'T THIS REQUEST PURSUANT TO HYS ARCHIVES AND RECORDS ADMINISTRATION REGILATYONS: THE SIGNATURES'. BELOW CERTIFY THAT THE REQUEST FOR DISPOSITION OF RECORDS IS in CONFORMANCE WITH NEW YORK STATE ItRCHIVES AND RECORDS ADMINISTRATION GUIDLINES AS INDICATED AND THE ABOVE LISTED RECORD(S) MAY BE DESTROYED. A DIVISION HEAD DEPARTMENT HEAD CITY RECORDS DISP. OFFICER DESTROYED AY WITNESSED BY® DATEa / � / DATE: 7 DATE: DATE: DATE COUNCIL N(YrIF'IED: / I DATE OF DESTRUCTION: MAKE COPIES OF THIS FORM FOR FUTURE USE RECORDS DISPOSITION REQUEST DATE OF REQUEST: DEPARTMENT: n DIVISION: ; REQUESTED DY: _ ✓l r 09 A _ TITLE) Y DESCRIPTION OF RECORDS: RECORD DATES: 0 (USE A SEPARATE MiR FOR EAC11 BREAK IN DATES) TYPE OF RECORDS: ORIGINAL. X COPY: (DUX, BOOK CARTON,F'OLDEH ETC LOCATION OF RECORDS: Cr H ET HOD : RECYCLE ,S HRED .QUANTITY; I '� 'x OR: CUPRIC. FEET THIS REQUEST PURSUANT TO NYS ARCHIVES AND RECORDS ADMINISTRATION REGILATIONS: T11E SIGNATURES ' ELOW CERTIFY THAT THE REQUEST FOR DISPOSITION OF RECORDS TS i CONFORMANCE WITH NEW YORK S'T'ATE ARCHIVES AND RECORDS ADMINISTRATION GUIDLINE , AS INDICATED, AND THE ABOVE LISTED HECORD(S) MAY RE DESTROYED, CUSTODIAN OF RECORDS DIVISION HEAD DEPARTMENT HEAD DATE: .�_ C DATE: r � DATEd !! CITY RECORDS DISP. OFFICER DATE: ! / DATE COUNCIL NOTIFIED: / _/ DESTROYED BY: DATE OF DESTRUCTION: ! / WITNESSED BY: MAKE COPIES OF THIS FORM FOR FUTURE USE R ECOWS DISPOSITION REQUEST DATE OF REQUEST: DEPAfiTM.ENTe A� r DIVISION: /41 ,` REQUESTED BY: le f (NAME AND TITLE) G, ,A , n� � . . �y. / I DESCRIPTION OF RECORDS: ��� �� � 1 `� � GI S � G RECORD DATES: , (USE A SEPARATE FORM FOR EACH BREAK IN MATES) TYPE OF RECORDS: b >z- ORIGINAL: COPY: (BOOX,BOOK,CARTON LOCATION OF RECORDS: _ t�'J 1 � /� NETIIOD:,ECYCt,E SHRED .QUANTITY: b a - Olt: CUBIC. FEET . THIS REQUEST PURSUANT TO HYS ARCHIVES AND RECORDS ADMINISTRATION REOILATIONS: TPE SIGNATURES" BELOW CERTIFY THAT THE REQUEST FOR DISPOSITION OF RECORDS IS 114 Ct}NFORMANCE WITH NEW YORK STAVE ARCHIVES AND RECORDS ADMINISTRATION GUIDLINE , AS INDICATED, AND THE ABOVE LISTED REC O RD(S) MAY RE DESTROYED. 4 ' CUSTODIAN OF RECORDS: DEPARTMENT CITY RECORDS DISP. OFFICER: DATE: i L / / , (-) DATE: DAVE COUNCIL NOTIFIED: t I / DESTROYED BY: DATE OF DESTRUCTION: WITNESSED BY: HAKE COPIES OF THIS FORM FOR FUTU USE RECORDS DISPOSITION REQUEST DATE OF REQUEST: I / DEPARTMENT: DIVISION: ! - " �� f.- 4 REQUESTED DY Iif AUV A ►131 av-rmr C1 .' "•.'"`•`°� - DESCRIPTION OF RECORDS: �� ��� � � �� ✓� �� .�, � � `� � �� �� � 3 � LOCATION OF RECORDS: ) X 4 ­ 0 C_ r .,�/ � �1 MET1{OD: RECYCLE SHRED J .QUANTITY: e OR: CUBIC. FEET Ti {IS REQUEST PURSUANT TO HYS ARC AND RECORDS ADMINISTRATION RECILATIONS: THE SIGNATURES -.BELOW CERTIFY THAT TIRE REQUEST FOR DISPOSITION OF RECORDS IS IN CONFORMANCE WITH NEW YORK STATE ARCHIVES AND RECORDS ADMINISTRATION GUIDLINES, AS .INDICATED, AND TIM ABOVE LISTED AECORD(S) MAY BE DESTROYED. CUSTODIAN OF RECORDS e �-- -. DATEa / DIVISION IIEAII DEPARTMENT HEAD: CITY RECORDS DISP. OFFICER: DATE: DATE: 4 DATE: DATE COUNCIL NOTIFIED; DESTROYED BY: DATE OF DESTRUCTION: ! WITNESSED BY MAKE COPIES OF THIS FORM FOR FUTURE USE DATE OF REQUEST: _ r_ r / 0 DEPARTKENT AN-4 cJ F }- �q C ti� L� REQUESTED BY: i e a l r (NAME AND TITLE) DIVISION: 7j -5� p -( - u ,'x' 9 DESCRIPTION OF RECORDS- � � _�. � ��3 ��� `� � �� �� Cv QUANTITY: w - 1C OR: CUBIC. FEET THIS REQUEST PURSUANT TO HYS ARC AND RECORDS ADMINISTRATION REGILATIONS: THE SIGNATURW BELOW CERTIFY THAT THE REQUEST FOR DISPOSITION OF RECORDS IS In CONFORMANCE WITH NEW YORK STATE ARCHIVES AND RECORDS ADMINISTRATION GUIDLINES, AS INDICATED, AND THE ABOVE LISTED nECORD(S) MAY DESTROYED. CUSTODIAN OF REDO DIVISION Ei DEPARTMENT !t CITY RECORDS DISP. OFFI DATE: �_ r 6 r /0' DATE- ®r DATE: DATE : ._ / / DATE COUNCIL NOTIFIED'. f I DESTROYED BY: DATE OF DESTRUCTION: r r WITNESSED BY: OEM No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 253 Allen 51W. Chippewa St 200 Delaware Ave 1081 Elmwood Ave 1389 Delaware Ave RECEIVED AND FILED May 25, 20 1. 0 Business Name DBGB City Tavern Della Terra Pano's Blush Ultra Lounge Owner's Name yj Duquin- Alfieri LLC TCMG Inc Uniquest Hospitality, LLC Pano Georgiadis Blush MY, LLc a� STATE OF NEW YORK EXECUTIVE DEPARTMENT NOTICE OF FEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law TO: Applicant and Residence Address Community Board /Munici alit Gabrielle M Alfieri/Patrick Duquin City of Buffalo 17 Wellington Rd Office of the City Clerk Buffalo, NY 14216 Buffalo City Hall RM 1308 65 Niagara Square Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: F11:00AM e: Place of Hearing: NYS Liquor Authority Room: Electric Tower Building 6/3/2010 535 Washington St. 303 Buffalo, NY 14202 An on- premises liquor license application was filed on the State Liquor Authority for the following premises: Applicant's Name: Erie OP 3147618 Dug iin-Alfieri LLC dba DBGB Premises Address: 253 Allen St Buffalo, NY 14201 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly autnonzea to rt;present the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 716 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. Z DATE: STATE LIQUOR AUTHORITY.; Brandon W Noyes, Executive Officer, Zone III FORM: L.Q.3 (8tI cb STATE OF NEW .. EXECUTIVE DEPARTMENT NVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF NEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control -Law TO: Applicant and Residence Address Community Board/Municipality: Thomas Patrick Cowan City of Buffalo . 362 Oak 5t Office of the City Clerk Buffalo, NY 14203 Buffalo City Hall 65 Niagara Sq rm 1308 Buffalo NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64-a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Nearing: NYS Liquor Authority Room: Electric Tower Building 6/4/2010 10:00 AM 535 Washington St. 303 Buffalo, NY 14202 An on- premises liquor license application was filed on-with the State Liquor Authority for the following premises: Applicant's Name: Erie OP 3147466 TCMG Inc /dba City Tavern Premises Address: 51 W Chippewa St Buffalo, NY 14202 Testimony will betaken from: the applicant and /or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the license Bureau at ( 716 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius, Cumulative testimony will not be permitted. STATE LIQUOR AUTHORITY DATE: 5/14/2010 BY: =' Brandon W Noyes, Executive Officer, Zone III FORM: L.D.3 (8105) eb May 7, 2010 Mr. Gerald Chwalinski City Clerk ` 1308 City fall Buffalo, New York 14202 ,. Re: Uniquest.Hospitality, LLC Della Term 200 Delaware Avenue, Buffalo, NY 14201 Bear Mr. Chwalinski: Please let this letter; serve as a notification that the above x- fexenced entity is applying for an additional bay` associated with our current Ni-,w York Mate liquor license for the prm>ises located at 200 Delaware Avenue, Buffalo, New York. Sincerely, Michael Montante Uniquest Hospitality, LLC Unlvorsity Corporate Centre 100 C€arparato Pkwy a Amherst, NY 14226 -1295 716.834.5000 Fax 716.834.5434 unitand.00m n " n €ny I [ I. LV1V lIVktFIV rcou s fkcstauran[ i'Ji 1= iris 1081 Elmwood Ave, Buffalo, NY 14222 www,pansnbinr�wu.d,crn May 11, 2010 City of Buffalo Byron Brown Mayor Dear - Sir, No. 019 1 K 1 This is a letter of intent to apply for a new (altered) liquor license, for Pam's Restaurant. We are adding an outside patio deck Of about 6 to 7 tables, i am requesting a 30 day wai ver for Pa no's Restaurant, 1081 Elmwood Avenue, Buffalo, NY 14222, Telephone # 716 886 -9081, The president of the restaurant is Pano Georgiadis who resides at 299 Middlesex Rd, Buffalo, NY 14216. Home p hone # 716 873 -2154, cell # 913 -7655, We have a liquor license now serial # 3005928, which is a wine and beer license. Thank you, f` C7,. r. r--- , "D U "1 sI'ATF, 01. NE11 I OHK • S " -w ° � 6!1' €SI (IN (IF %LCU IME.R HEN - €i€IAGV.0 tN$1 {U1. sI - ArE 1-1 PAR A1"1'HORFI1 I�p� r 011 I( ;INAI.:\I ILIC:r11 ON \t) FILE FORM 3IJ -DS {5' Elie €I11r4• \Ulm• I.,,, 1-tl i'A€ Ml,Hlrt aMV or (-t)li,nainIIl Hatt rd u, i:,nnrclnr„ 1. jh fl,r lulnn.., r., Mr Sale 11quur,Iul7{uf,N' uIIhe I'm the I•:slllhlislltnenl Illefi died ill Ihis !(Hire (Page t of 2) € fQ" lilt`. 0r1YIr}ill F' qw K MM NS —a Mum !iJ "hr w'.11 it 3lilltrtl,:llll+ -:,r l�1, t13111i10"Il �l it 1;SI - <€ �Cl, ��- ♦ THIS 3t) -DAY ADVANCE NOTICE IS BEING MA11.Ell TO TI K OP'FII FOLLOWING LC)('AL MUNICIFAIATY OR COMMUNITY BC)ARU ,,. 'Namr Ill I.lu• L Ela�'Iltl�l � 111,1 ddy nr. ('nmmunilc ii .'i G C(� a 1 €st f till'Cl'I AIIfiFCSS Le:eE lblil t' I,i " cr.lmf„�4 y 1 A ci -1 C:i €,> - Ti1N "iF, rlr �'IHaki'. - �1 ° , N Y OMN"2.- �. 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LC aL:vk;aA c(lti t A onl' rl €t(lt St A f k: t_I()t:L)R AUTtIO NtT S � � for [be IN ORDER To INSURE THAT PAGES f AND OF YOUR NOTICE ARE NOT 86PARATSD OR MISPI�tCEQ, to TH INFORMATION REGAROINO YOUR APPUCATION SER[At NVMl3ER, NAME, AA+p TRAOE NAME PLEASE RE -ENTER IMMEDIATELY ®ELO YOUR COURTESIES ARE APPRECIATED `�� Mute rs'amr as si atrprars .n €he r,Vpl,r.x O n I !nr Ihr ran. pt[m,scs Alcahoh[ Be vtrsgc The Fuh Name a€ the Pro°rpd cenarrnsrn€nwd! r9nd a - bua ne� . I `J wh,Ch €he pr9p d F, %- bh1h - INFORMATION rZEOAkOItIO THK AL RtyVKRAGE LICENSE MART »TLY inaUZD FOR THE APPIJCANT'3 PROPOSED LJCENSEQ ES"TA$USFfMENT i('NO'. SKIP Hems �0 70's t llo7 a Uus,nesx ,nvot4€ng the hcenscd li - YM - ANSWER Ilri f +o 7U a i. ❑ Complete the .1 enlncx cnfnplc(c the NO at Ilan - ,.r, prcnt,sts sale anchor cor:xurr,t,i: and . No d2 o f ,1coholic bcvcrngex YCS 7 cntnes At Itcrst No 't2 "t, been CDnduCied svithtn the ! proposed t.uenacd EttLabtishment? ! - OPEL?A'f"EDI PROVIDE TH , poU- Q ENO LNF09 i"ON WITFt 12 A ro ,uc i�s� a'. I,iy E�CA� nou L QPItRA 4 tns+ Nagi Er+q. v 1 - 6 Vd� T}i6 APPL t'RC3�b8i� l lCEN5�i7 113HMENT UNDER T'kiB ALCOHOLIC SEV>?RAL4�- L!C$N8E T SOTNTL - . .. r Uquor. wmc- end beer ❑ Occr Only El Winc and Beer Only 111_,���III Vie;- I Tvptis} n( Alcohol sold uodcr the moil rrccrit Liccnsr tc €reefs one# Tavc rn I Coe ktesl t.ossngr 1 Adult �'enu: J ' Re UaurenF i5air a L'oud I 1 Yavrrs Rc asaura !A ms- cd-3c axis bhehmrn€ €has dsr (w}co3+a1 sale+ pn ma niy - meeu €e gal Eaem n€ I -.- �I has ho€h s sit -darn d,n,n Land wa,ts ddity g .rea and a 'j €end.up' bar Pmm�nl Fssl1 Food Menu. rccc"c eh,ccl dehvenex a( ale ahnll minimum rcqu,femem sl ( Fo+'d Srrv+cr y• whc[c patrons may X. Qw K,€chcn ntrs by Cl Capacay fo, WIG ISa Hong ❑ Caberrt. 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AM PM rrlc AM o A AM I'M cant ❑ vE5 NO DON KNOW } lV L, n,f lu „nr' i. +cc oar I[o,dcr ui ss Man agar phy•�callr pr - '.- � <,i.W,ah,otot nurtng AD Hours 91 C)Sx�at S ' %' 4.t1.C1 Sepal Number of the on- prem+aes al[oo o Lleen.ed E :lace nh cnt 7G recently rssucd f the Applicant's prow F ;sp,ra „on.Isle of tnc on premixes a.Scoholte be ve I€crnsr mn.t race nilY G f ]% aaurd for the Applsean €'. proposed tacenxed €subllshmenc ci:c rs, L,rers.c Holder's Gab ,v.,ne, ...ck forth r C�w Wr �°5..� L.a.�l .n Frtf On per —'CG .k.1 -hf bL Vefng[ i�te nxt m4xS it [e n1JY _�_ �__,,, _ �^ ,saurd .'u the Appk,ca nr - x p,opoard L'£cnsed E.fahhshrnr _ ti) €he t'„3E NAmr of the moxr ,ree ns i,e r+s.ed csta nh.hmrnt tY'rnde ®`' � P--� a �� as srf far,h on ;he nnprrmacs elC Ohah[ bavccagr hcrmr most ry .�`] tCers.:y issued for the App{ir.ant's proposed L,rensrd Eatebl.shrslc n3 _ if •NO” SKIP.icm NO 'YES', t- ,s the Appi-[ant s Prot-” if ANSWER tiem Nn Estabitxhmrnl and c plrlc the 7 rn,f s £urreally open and being operated ❑ and [omple it the 7 [n€ri 3 9m n rs O at hem No ' .,p ( dar O (+hr m9�r rt =rnt3y �nsurd -YES at Item No 47. v) :he lice nor hFrl ,,,, p'tmix[t ale nhnhc hc..rrage I.ce nxe 1 •%-' ptL[) � ^~ hCente €vuldf� u( iht m,)ti i[Pf n,SY .Y a,rrd li.:t:,,r 44 jrirphnnt '•,.mprr nl she 'ena fps the Apa "Cssn:. pen pos<n L�cr i =seA R. su bi,shrnesn I hold the t.ttxner ar am a Prinrlpai of Use LF$sf Entity Use€ holds the t.tconae Rrpr :"nta Leone In thiA form are to NAU ccsl'rSprrt,Sry with €tp1R uth done :Wade I,t ants that wW bo`auhtnittrdj,t �A L 95.0, Alt�ha�rlly r ¢ d 4 a fvdttM w the_ dncLU €tents lh6t t1a€re_ been eupm fpi a w l i so'.7eUe� u;ib A. '• � n>a [ S fa t > : I underiLwnd that re{sreaentrntt4ns • ms$c itl l fOCV1 Authoeity d)sy re tall in rctrocailan o(tAe u6c 68. BY day. stgt3aHirE, I ifllridi €,n sex ssg..nera 'ejIJ�c __ New York State LICILIOr Auth STATE r = ti 2 t 1 e � I Help rage I OC t http: / /wivw, trans. abc. state. ny. us /serr[Ict /A pp] icati oil ServIet ?pageN acne =com. ibn3.nysla.dat,.. 5/11/2010 License information D8nnrc rnsan. C+�a, + +,a„ lean -clue Greene, Serial..Number: 3135181 t;areen �eaiea, Ca+3m�ssane+ License Type: ON- PREMISES LIQUOR Tana stead CEO License Status: License is Inactive Home Credit Group: 4 Public License Query Filing. Date: 06105/2007 Effective Date: 12/14 /2007 Wholesale Expiration pate: 11/30/2009 Premises Information Principal's Narne: STOKES, LEONARD J Premises Name: CANDIES CULINARY & HOSPITALITY GROUP INC ='may ttT Trade Name: ONE SUNSET Zone- 3 Address: 1 389 DELAWARE AVE BUFFALO, NY 14209 Fr County: ERIE 13 l7`j ei•r # 3 3 - :' ti > i You can select one of the following links to perform another search: €1 €Nl I - tIM 1 ' � e Search by Name 3 ' 31 E ; a Search by License Number e Search by Location Search by Priacipat ® Advance Search Disclaimers i Confidentiality : Privacy i Security New York Slate t =poor Autitor,[Y &i) S- c,van Street • 9th Floor . Albany, New York 12210 rage I OC t http: / /wivw, trans. abc. state. ny. us /serr[Ict /A pp] icati oil ServIet ?pageN acne =com. ibn3.nysla.dat,.. 5/11/2010 00054 y No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. May 25, 2010 . #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL.: DATE May 6,201.0 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE 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 May 5, 2010, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, ,Secretary John E. Kennedy, Jr., Assistant Secretary Absent: John D. Kennedy, Sr., Vice Chairman DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER , SIGNATURE OF DEPARTMENT HEAD: 0000 IM Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. May 25,2010 25 2010 J r # (Rev 1-02) E Cert ificate 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 trans €nit this certification of appointnren or pro motion(s). I fin€her certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the t Appointment Effective: °# in the Department of Public Works Division of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insertone) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT )Enter Starting Salary) : Starting Salary of $11.87 Fir. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Lamar Cobb DATE ADDRESS 29 Weston CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX - XX - 1623 LAST JOB TITLE NAME Jamel Dark LAST DEPARTMENT DATE ADDRESS 21 Cambridge Court LAST SALARY CITY & ZIP Buffalo, NY 14204 LAST 4 D IGITS OF SSN. XXX -)(X-6186 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE. 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REa NO 2409090 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR �'I i7�T7i : a • * o .TslFl�7i.1�►�11iEIl�iI�I►Ti� NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 517 SIGNATURE OF APPOINTING AUTHORITY: ILI t , ORIGINAL + 3 COPIES TO: :CITY C EftK(ON/BEFORE APPOINTMENT 1aATE OTHER COPIES TO: #5- COMPTROLLER #6- ! HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 00051 No. Appointments a 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, 0 May 2S, 2010 #4 (Rev 7 -07) 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: 06110/10 in the Department of Adminsitration, Finance, Policy & Urban Affairs Division of Treasury & Collections to the Position of Junior Collection Officer Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) TEAW RARY Open - Competitive, Promotional, Non- Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 30,179.00 LAST JOB TITLE Head Teller NAME Carmen L.oVullo LAST DEPARTMENT Admin & Finance DATE 04115104 ADDRESS 76 Tioga Street LAST SALARY 32645.00 CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -1904 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11545001 TITLE CODE NO 0708 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2009 j`j SALARY RANGE. OF POSITION 30179.00- 33267.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Had resigned as Head Teller in July 2006 NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Janet Pensa Commissioner of Adm. Fin. Policy & UA 5/10110 11 fl OTHER COPIES TO: #3- COME?,WLLER #4- HUMAN SERVICESICIVIL SERVICE 95- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEI_(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS May 25, 2010 0005 May 18, 2 Richard A. Fontana Lovejoy District Common Council Member Common Council of Buffalo 1414 City Fall Buffalo, New York 142 Dear Council Member Fontana: C_ 6 RX) 141 CI-r e S/ 15 Earlier this year I sent a letter to the Common Council regarding the ambulance service within the City of Buffalo. That letter stated that Rural /Metro Medical Services does.not provide paramedics on most of their 911 ambulances. It went on to mention that Rural /Metro gives priority to the suburbs when posting the paramedics which are available and finally that the ambulances are in poor condition. I write to you today for two reasons. First, I have obtained further information to assist in your investigation, as well as show you that the allegations I am making are based off of truth, not inaccurate information. With that said, I have attached a list of ambulances used in the City of Buffalo. This list shows the years the ambulances were manufactured, as well as their current mileages. This shows that the majority are, in fact, over ten years old with over 300,000 miles, In addition, I have also attached several pictures of different ambulances. These pictures show many areas in each ambulance which I believe you would agree are unacceptable. The second reason I write today is to request a meeting. I would like to come in, either at a meeting or to your individual office, to fully explain the issues present and to answer any questions you may have. I would also like to address some of the claims Rural /Metro has made, to show how they are attempting to mislead you. If you are not available to meet in person, I am most certainly willing to discuss the issues over the phone. Either way, please contact me by phone (716 225 - 4723), by e (cgmfdna @yahoo.com), or by mail (24 Faahs Dr. Right APT Orchard Park, IVY 14127). Let us work together to address this issue now, before someone who could have been helped suffers permanent damage to their health. I appreciate your time and I look forward to hearing from you. Sincerely, 4 �� 6 Corey G. McNierney REFERRED TO THE COMMITTEE ON E TI . 3,. 343 00) Kz . I've �! 66.:11' v .. i � 1279 ' !!36 'r 3' "71 h 19 lI'UGrG ` ' 9 j Da" To ice, 3 ? gyp s. 1 � 1 s- bit, f �. 33 !33 - 7 313 /4'7 _. V pd 7ql ,831$1 60 Columbus Circle A York AT 1002 x M 212 - 304.8464 1=ar 704- 973 -6203 jolrx fiogartyco fwcable.Corrr I May 20, 2010 Richard A. Fontana Majority Leader Lovejoy District Councilmember Common Council City of Buffalo 65 Niagara Square, 1414 City Hall Buffalo, NY 14202 -3318 Re: City of Buffalo Renewal Dear Councilman Fontana: Cp l This will respond to your letter of May 11, 2010 requesting that Time Warner provide a report as to the status of the franchise renewal process with the City of Buffalo. It will hopefully reach you by the requested time. I would have liked to have sent it to you sooner, but have been out of the office on business for a week. As to the franchise renewal, which is proceeding under the provisions of the Federal Cable Act, there has been an exchange of renewal proposals, the most recent of which was a proposal sub by Time Warner Cable to the City on June 1, 2007 cinder the provisions of Section 626 of the Cable Act. When representatives of the City and Time Warner Cable met with John Figliozzi of the New York Public Service Commission staff on January 16, 2008 regarding resolution of a matter under the current franchise, representatives of the City indicated they were reviewing our proposal and wished to respond before resuming negotiations. Time Warner Cable has 'indicated to representatives of the City in the interim that it is prepared to resume renewal discussions at any time and that, of course, remains our position. As requested i your letter, I will contact your office shortly. John E�Vbga ty JEFis REF ERRED TO THE COMMITT cc: Sharon Hanson ON LEGISLATION Jahn E. Eagarty Mice President and Assistant Chhef Connsel - Regulatory Legal i ._ 1 + °M May 5, 2010 SEE ATTACHED DISTRIBUTION LIST Dear Sir or Madame: RE: . Urban Development Corporation d/b/a Empire State Development Corporation Findings Statement: Canal Side Project Enclosed is a copy of the Findings Statement issued by the New York State Urban Development Corporation d/b /a Empire State Development Corporation pursuant to Article 8 of the Environmental Conservation Law (State Environment Quality Review Act) and 6 NYCRR Part 617 as the lead agency for the Canal Side Project located in Buffalo New York. Thank. you for your consideration in this matter. Enc. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. r Counsel Empire State Development 95 Perry Street Suite 500 Buffalo New York 14203 -3030 Tel 716 846 8200 Fax 716 846 8260 46 Web Site: www.empire.state.ny.us, STATE ENVIRONMENTAL QUALITY REVIEW Canal Side Project Buffalo, New 'Fork New York State Urban Development Corporation . d /b /a Empire State Development Corporation FINDINGS STATEMENT Pursuant to Article 8 of the Environmental Conservation. Law (State Environmental Quality Review Act [SEQRA]) and 6 NYCRR Part 617, the New York State Urban Development Corporation d/b /a Empire State Development Corporation (ESDC), as lead agency under SEQRA, makes the following findings. Name of Action.: Project Location Canal Side Project The Project is located on approximately 20 acres of vacant, substandard, or underutilized land in the downtown section of the City of Buffalo, Erie County, New York (the "Project Area" ), in an area generally bounded by the following streets: g On the north by Upper Terrace and Exchange Streets and Perry Boulevard; ® On the east by Washington Street and Seymour H. Knox III Plaza; On the south by Perry Street and "Buffalo River; and ® On the west_ by Erie Street, Marine Drive, and Pearl and Commercial. Streets. I. DESCRIPTION OF ACTIONS The Canal Side Project preferred alternative (the "Project" or "Preferred Alternative ") would comprise approximately $294 million in public /private investment consisting of 1,104,800 square feet of commercial (retail, lodging, and office), cultural, and residential space in the Project Area. The proposed Project is being sponsored and undertaken by ESDC's subsidiary, the Erie Canal Harbor Development Corporation ( "ECHDC "). More specifically, the Project would involve up to 480,800 square feet of retail and restaurant space; up to 120,000 square feet of hotel /lodging space; up to 190,400 square feet of residential space and up to 20,000 of cultural space within the Project Area (Specific types of uses on each Cana! Sine Project — SFQRA Findings Page 2 of 49 development parcel are designed to be flexible as Project planning proceeds). Anchored by a Bass Pro Outdoor World Store ( "Bass Pro "), the Preferred Alternative would provide various year -round offerings and experiences, including restaurants, entertainment venues, retail outlets, cultural attractions, vast public spaces, and increased access to the Buffalo River, appealing to a wide demographic of visitors and residents. Parking in the Project Area would be consolidated within strategically located parking garages, with a few small surface lots and a limited number of on- street parking options also available. Off-street structured parking would include the Commercial Slip Parking Garage, to be constructed on the current Marine Drive Apartment Complex surface parking lot, with six levels and approximately 1,200 spaces. Beneath the Bass Pro store, a three- level, 537 -space garage would provide convenient parking. An approximately two - level, 100 -space parking deck would be built on the north and east sides of the existing Donovan Building to provide on -site parking to Parcel D1. A four -level Webster Block. Parking Garage, on the east side of the block, would provide approximately 400 spaces. Finally, 35 spaces would be provided in a single- level, at- grade.parking facility within the waterfront boutique hotel at the terminus of Prime Street. A total of 79 spaces would be provided within the Project Area for off-street surface parking. Fourteen spaces (including 6 RV spaces) would be provided on Parcel T3 which is under the Skyway access ramps at Pearl Street and Perry Boulevard. Another 22 spaces be provided on Parcel T1 under the Thruway. Both of these areas currently serve as gravel surface parking lots. Also, 25 spaces would be provided on Parcel T2 and 18 spaces would be provided on Parcel E9. The proposed Project was classified as a Type 1 action under SEQRA. Additionally, among the reviews, permits and /or approvals required to facilitate the proposed project are the following: U.S. Array Corps of Engineers - Permit for structures and work in navigable waters of the United States under Section 10 of the Rivers and Harbors Act - Clean Water Act 404 Permit for discharging of dredged or fill material in waters of the United States New York State Department of Environmental Conservation ( "NYSDEC ") - SPDES General Permit for Construction Activities Floodplain Development Permit, 6 NYCRR 500 Section 401 Water Quality Certification New York State Department of State ( "NYSDOS ") - Coastal Zone Consistency Certification, 19 NYCRR 600 ® New York State Office of General Services ( "NYSOGS ") - Grant of an easement, lease, permit or lesser interest for structures such as docks and piers located in navigable waters in accordance with 9 NYCRR 270 Canal Side Project — SEQRA Findings Page 3 of 49 � w New York State Department of Transportation ( "NYSDOT ") - Highway Work Permit authorizing work within NYS highway right -of -way, Highway Law, Article 3 Section 52 -- Transfer of Real Property interests to ECHDC or other Project participant New York State Thruway Authority ( "NYSTA ") - Highway Work Permit authorizing work within NYS highway right -of-way, Highway Lain, Article 3, Section 52 - Transfer of Real Property interests to ECHDC or other Project participant New York State Office of Parks, Recreation, and Historic Preservation ( "OPRHP ") - Consultation in compliance with Section 14.09 of State Historic Preservation. Law New York State Public Authorities Control Board - Approval. of Project financing and construction, Public Authorities Law Section 51 o Eric County Health Department - Approval of all water and sewer installations and connections ® City of Buffalo Common Council - Transfer of Real Property interests to ECHDC or other Project participant - Approval of right-of-way encroachments City of Buffalo Planning Board Review and Recommendation of the General Project Plan ( "GPP ") and subsequent phases for consistency with the GPP City of Buffalo Sewer Authority - Approvals for design of sewer lines and connections City of Buffalo Department of Public Works, Streets and Parks Approval of street modifications, utility, sidewalks, curb cuts, etc. ® City of Buffalo Water Board - Approvals for design of water lines and connections ® City of Buffalo Control Board - Consent to transfer of City -owned property to ECHDC • Buffalo Urban Renewal Agency - Approval for use of land for temporary parking at Waterfront Village • Buffalo Municipal Housing Authority -, Transfer of Real Property interests to ECHDC or other Project participant Canal side Project — SEQRA Bindings Page 4 of 49 II. FACTS AND CONCLUSIONS IN THE SEQRA 'PROCESS RELIED UPON TO SUPPORT THE DECISION 1. ESDC conducted a coordinated review pursuant to SEQRA. 2. ESDC commenced the SEQRA process for the Project in July of 2007 by circulating a notice of intent to act as lead agency along with a bull Environmental Assessment Form to all then -known interested or involved agencies: • ECHDC - - - i NYSDEC - o NYSDOT ® OPRHP - - o NYSDOS * NYSTA 0 Niagara Frontier Transportation Authority i New York State Canal Corporation . o NYSOGS 0 New York Power Authority 0 Erie County Legislature ® Erie County Department of Planning & Environment - ® Erie County Department of Health 0 Erie County Fiscal Stability Authority e Hon. Mayor Byron W. Brown ® Buffalo Common Council - - - 0 Buffalo Planning Board « City of Buffalo Department of Economic Development, ® City of Buffalo Department of Public Works, Streets and Parks 0 Buffalo Preservation Board ® Buffalo Fiscal Stability Authority e Buffalo Urban Renewal Agency a Buffalo Water Board ® Buffalo Sewer Authority o Buffalo Municipal Housing Authority ( "BMHA ") .3. None of the interested or involved agencies objected to the ESDC acting as lead agency pursuant to SEQRA and the ESDC was properly established as the SEQRA Lead Agency for the Project in August of 2007. 4. Following a detailed sketch planning process with extensive public outreach and involvement, ECHDC unveiled a detailed concept plan for Canal Side in late 2008. 5. In February of 2009, ESDC issued a positive declaration for the Project requiring the preparation of the Draft Generic Environmental Impact Statement ( "DGE1S" ). 6. Following issuance of the positive declaration, a Draft Scoping Report was issued. A r-1� Canal side Project SEQRA Findings Page 5 of 49 4 Public Scoping Meeting to solicit comments on the draft scope was held on February 25, 2009 and a Final Scoping Document was issued in April of 2009. 7. Following, issuance of the Final Scoping Document, the DGEIS was prepared pursuant to the requirements of SEQRA. On September 17, 2009, ESDC detennined that the DGEIS was complete and adequate and accepted it for public review and scheduled a public hearing. Copies of the DGEIS were made available for public review at ESDC offices and the Buffalo and Erie County Public Library — Central Branch. A copy of the DGEIS was also posted on the ECHDC website. 9. A Notice of Completion of the DGEIS and Notice of Public hearing appeared in The Buffalo News on September 27, 2009 and the Environmental Notice Bulletin ( "ENB ") on October 7, 2009. 10. A Public Hearing was held on October 20, 2009 at the Albright -Knox Art Gallery. Due to extensive public interest in the Project and several requests made during the DGEIS public hearing, the public comment period, originally scheduled to expire on November 2, 2009, was extended until November 17, 2009. 11. Following publication of the DGEIS, a number of commenters expressed opposition to the proposed Commercial Slip Parking Garage component of the Project and/or expressed deep concerns about the impacts of the proposed Commercial Slip Parking Garage on the residents of the Marine Drive Apartment Complex ( "Complex "). In order to address the Complex residents' concerns, ECHDC developed and implemented an engagement plan specifically for residents of the Complex. Pursuant to that plan, in early December, 200.9, ESDC mailed to all residents of the Complex a Project fact Sheet, Project Description of the Coii'tiriercial Slip Parking Garage and preliminary renderings of the proposed Commercial Slip Parking Garage. Also, a meeting with Complex residents was held on. December 17, 2009, where their concerns were heard. 12. In -order to address the concerns and issues raised, and to ensure that any adverse environmental impacts associated with the Parking Garage were thoroughly and comprehensively addressed in the GEIS for the Project, ECHDC directed its Project Design and � Environmental Teams to prepare a Supplemental Analysis. Report ( "SAR ") to specifically assess the need for and the environmental impacts from the Commercial Slip Parking Garage to the Complex. The SAR and its content were included in the FGEIS. .13. An additional meeting was held with Complex residents on March 1, 2010, to review the results of the SAR and open a dialogue on remaining issues of concern. Additional meetings with Complex residents are anticipated. 14. The Final Generic Environmental Impact Statement .( "FGEIS ") was issued by ESDC on January 21, 2010 and a notice of completion of the FGEIS appeared in the ENB on February 10, 2010. 15. The FGEIS was mailed to the interested and involved agencies and copies of the FGEIS Canal Side Project — SEQRA Findings Page 5 of 49 were made available for public review at ESDC offices and the Buffalo and Erie County Public Library - Central Branch.. A copy of the FGEIS has also been posted on the ECHDC website. Pursuant to SEQRA, the FGEIS was held open and available for more than 10 calendar days in order to afford agencies and the public a reasonable time period in which to consider the FGEIS before ESDC issued its written findings statement. 16. ESDC has carefully and thoroughly reviewed the information contained in the DGEIS, including all appendices and the comments to the DGEIS, and the FGEIS including all appendices (collectively referred to as the "GEIS "). ESDC finds that the GEIS provides a thorough examination of all of the important potential impacts that would result from undertaking the Project. ESDC has carefully reviewed, questioned and analyzed the various impacts of, alternatives to, and potential mitigative measures for the Preferred Alternative and weighed these issues against the social and economic benefits of the Preferred Alternative and other essential considerations. 17. ESDC recognizes that qualified experts on any topic may differ in their conclusions arid, in particular, may differ in the judgments employed during analysis. Nevertheless, ESDC has carefully, reviewed many hundreds of pages of documentation on the various issues that have been submitted by government agencies, experts, interested stakeholders and the general public that reflect hundreds of hours of examination of the Project during a SEQRA process that has taken more than two years. On balance, and after careful consideration of all relevant documentation and comments, ESDC believes it has more than adequate information to evaluate all of the benefits and potential impacts of the Project as a basis for considering whether to undertake the Project. III. PURPOSE, KNEED AND BENEFITS 1. The goal of the Project.is to foster economic growth and expand public use and enjoyment of the Erie Canal Harbor area through the implementation of a 20 -acre . mixed -use real estate development project, anchored by a major destinat The following Project objectives have been developed to achieve this goal: Developing a setting for year - round, family- oriented uses, including sports, entertainment, cultural, residential, commercial and recreational uses on long vacant or underutilized lands in this area of downtown Buffalo. Implementing strategic public investments to leverage private investment that contributes to expanded economic growth, employment and a broadened local tax base. ® Utilizing and building upon the public development framework established through recent and committed public infrastructure investments such as the Erie Canal Harbor,, enhancements to Naval Park, and reestablishment of portions of the former street grid (e.g., Prime, Lloyd, Hanover Streets). Providing ample, visually interesting, and diverse public spaces encouraging year - round use. Canal side Project — SEQRA Findings Pate 7 of 49 g Maximizing area development potential by consolidating surface parking spaces into structured parking. ® Creating an urban, visually appealing, mixed -use setting that builds upon and complements the Erie Canal Harbor Master Plan ( "2004 ECHMP ") urban design guidelines set forth in the City's Waterfront Urban Renewal Plan, as amended. Promoting and incorporating architectural elements that celebrate and interpret the historical significance of the Erie Canal and its terminus on the 12.5 -acre Project Area. Enhancing public access and use of the downtown waterfront, including multimodal comiections to transit, bicycle, pedestrian and waterborne networks. Strengthening and /or establishing the visual and physical connection between adjacent downtown destinations (e.g., Buffalo River, HSBC Arena, Waterfront Village, and Naval Park). 0 Creating tenant spaces suitable for a mix of uses by a variety of prospective tenants. Phasing implementation in response to available funding and market realities. 2. The Project would serve a strong public need and would result in noticeable benefits to the local community, including enhanced services, facilities and opportunities. More specifically, the Project would create diverse uses, including commercial, community, residential, recreational, cultural and office uses on parcels that are currently vacant or underutilized. Key benefits to the public would be realized by: ® Improving public access to the waterfront through active uses and improved linkages to existing pathways and destinations. ® Achieving further implementation of and development consistent with the 2004 ECHMP. r + Interpreting local canal history at the Project Area by adhering to urban design guidelines for new private development consistent with the 2004 Erie Canal Harbor amendment to the Waterfront Urban Renewal Plan. Reinforcing urban form and physical character of the remaining portion of the Project Area through appropriate architectural design, scale, and massing, resulting in an overall Project design consistent with the desired character for the Project Area. Generating local tax revenue (either directly or through Payments in Lieu of Taxes ( "PILOTS ") derived from additional commercial and residential uses within the Project Area and increasing property values in surrounding areas. . / f` Improving the quality of life resulting from additional year - round cultural,, recreational and commercial opportunities as well as public events. Canal Side Project — SEQRA Findings Page 8 of 49 d" ® Creating additional temporary construction work and additional peranent employment opportunities that would expand the local economy. ® Attracting people to the downtown waterfront as the destination of choice to live, work and play. Returning significantly underutilized land in the City of Buffalo ( "City ") to productive use in the urban core. Increasing public transit ridership potential by and concentrating development along the Metro Rail. Creating a critical mass of destination retail that would provide additional shopping opportunities for Western New Yorkers and tourists from outside the area. IV. PROJECT ALTERNATIVES CONSIDERED 1. Preferred Alternative The Preferred Alternative has evolved during a lengthy planning process which included extensive public and stakeholder outreach. Throughout the development process, several major principles have guided efforts including: enhancing the connection between downtown and the waterfront, creating a flexible mixed -use development plan with the majority of ground level spaces being retail or restaurant uses, with office, residential and retail uses above, attracting cultural facilities; building upon two anchors, Bass Pro and the HSBC Arena; and using the development to shape a network of world class "places" to create a variety of experiences. 2. Alternatives to the Preferred Alternative Reasonable alternatives to the Preferred Alternative were developed during the scoping process for comparison of impacts to the Preferred Alternative in the GEIS. The alternatives, which were developed based on their ability to achieve the Project's goal and objectives, include a Low- Density Alternative, a High - Density - Alternative and a No -Build Alternative. Low -Density Alternative The Low - Density Alternative, which would cost approximately $162.8 million, and would be based on the same general site layout as the Preferred Alternative. The Bass Pro store and Canal Side Hall would remain the same as would the water elements and the Donovan Building renovation. However, the overall density of the development would be substantially reduced to roughly 603,200 square feet of commercial (retail, lodging, and office), cultural, and residential space. In addition, the proposed development on parcel El in the Preferred Alternative (on the south end of the Riverfront District) would not be included in the Low - Density Alternative. 4 Under the Low - Density Alternative, parking in the Project Area would be consolidated into three parking garages, with a few support surface lots and a limited number of on- street Canal side Project — SEQRA Findings Page 9 of 49 parking options also available. The Commercial Slip Parking Garage, to be constructed over the current Marine Drive Apartments' surface lot, would be four levels with approximately 800 spaces. Beneath the Bass Pro store, a three - level, 532 -space garage would provide convenient parking for visitors to Bass Pro and Canal Side Fall. A two - level, Webster Block Parking Garage, on the east side of the block, would provide approximately 175 spaces. In terms of surface parking, a total of 142 spaces would be provided within the Project Area, Similar to the Preferred Alternative, the Low - Density Alternative would include 24 RV parking spaces along Perry Boulevard, with another six RV parking spaces adjacent to the north side of the Bass Pro store. High Density Alternative Another alternative that was considered was the High - Density Alternative, which would cost approximately $450.7 million, and would be based on the same general site layout as the Preferred Alternative, The Bass Pro store and Canal Side Hall would remain the same as would the water elements and the Donovan Building renovation. However, the overall density of the development would be substantially increased to roughly 1.7 million square feet of commercial (retail, lodging, and office), cultural, and residential space. Under the High- Density Alternative, parking in the Project Area would be consolidated within five parking garages, with a few support surface lots and a limited number of on- street parking options also available. The Commercial Slip Parking Garage, to be constructed over the current Marine Drive Apartments' surface lot, would be six levels and approximately 1,280 spaces. Beneath the Bass Pro store, a threc- level, 532 -space garage would provide convenient parking for visitors to Bass Pro and Canal Side Hall. A five -- level, 400 -space parking garage would be built on the Donovan Block, accessible from Washington Street. This structure would require the demolition of the existing Donovan Building. The six -level Webster Block Parking Garage, on the east side of the block, would provide approximately 500 spaces. Similar to the Preferred Alternative, the High - Density Alternative would include 24 RV parking spaces along Perry Boulevard, with another six RV parking spaces adjacent to the north side of the Bass Pro store. In terms of surface parking, a total of 121 spaces would be provided within the Project Area. No -Build Alternative The No -Build Alternative is defined as the. future condition without the proposed Project. SEQRA requires that the GEIS consider a no -build alternative in order to establish a base line to help qualitatively -arid quantitatively assess the benefits and impacts associated with identified build alternatives. The No -Build Alternative assumes the. following: m Completion of pre - development activities for the Aud and Donovan Blocks. Asbestos is abated in both the Auditorium and the Donovan Building. The Donovan Building is then secured and mothballed or demolished for future development. The Aud is demolished with the site being filled, graded and seeded, and is a shovel -ready development site. ® Erie Canal Harbor public infrastructure is built out as described in the Re- Evaluation Reports for Project Refinements, Erie Canal Harbor Project, Empire State Development Corporation, December 2006 and March 2009. Development parcels as per this Erie Canal Canal Side Project - SEQRA Findings Page 10 of 49 d� Harbor Project plan are established, but no specific development occurs. m Beyond these activities, the No -Build Alternative assumes that no other components of the Project would be implemented. With the No -Build Alternative, the Bass Pro store would not be built, nor would the Donovan Building be reused. Similarly, the Webster Block would remain a surface parking lot and the Under - Thruway Blocks and the development parcels under the Skyway would remain in their current state. V. CONSTRUCTION SCHEDULE ECHDC has commenced or completed certain remediation and demolition work within the Project Area, specifically the remediation of asbestos in the Donovan Building and the remediation and demolition of the Memorial Auditorium on the Aud Block. In addition, substantial design work has been undertaken in furtherance of the Project. Subject to necessary approvals, it is expected that Project commencement will occur in late 2010 and portions of the first phase of the Project .(consisting of the Bass. Pro Store, Aud Block improvements, and Commercial Slip Garage) will be completed in 2012. The entire Project is expected to be built out by 2018. VI. PROBABLE ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACTS OF THE PROPOSED ACTION The FGEIS (which incorporates the DGEIS by reference) provides a thorough and comprehensive analysis of the environmental, social and economic impacts associated with the Preferred Alternative, the Low- Density Alternative, the High - Density Alternative and the No- Build Alternative. The FGEIS identified environmental issues as described below. 1. Cultural Resources The FGEIS evaluated the potential impacts on Cultural Resources listed on ' or eligible for listing on the State or National Register of Historic Places ( "S/NRHP ") in and in the vicinity of the Project Area. This included evaluating potential effects to architectural and archaeological resources. Architectural Resources No Build Alternative. The No -Build Alternative would not result in any impacts to S/1\RHP- listed /eligible architectural resources within or near the Project Area. Build Alternatives, In order to assess potential indirect effects of the Build Alternatives on architectural resources in the vicinity of the Project Area a, architectural resources within a 1 mile radius of the Project Area were identified. The architectural resources located within a '/ mile of the Project Area include the USS The Sullivans, the USS Croaker submarine, the Edward M. Cotter fireboat and slip, and the Phoenix Die Casting Building (located within the Cobblestone District, a locally designated historic district). None of the Build Alternatives would have an effect upon the USS The Sullivans, the USS Croaker and the Edward M. Cotter fireboat and slip because the Build Alternatives would not affect the qualities that contribute to their historical significance. Their current setting on the Buffalo River does not contribute to Canal Side Project — SEQRA Findings Page 11 of 49 the USS The Sullivans and USS Croaker eligibility for S/NRHP- listing. Therefore, the Build Alternatives would not have an adverse effect on the historical significance of these resources. The Phoenix Die Casting Building, located at the coiner of South Park Avenue and Illinois Street, would not be impacted by the Build Alternatives, as views to and front the Project Area are obstructed by the HSBC Arena and its parking garage. Only the High- Density Alternative may be partially visible from this resource. Indirect impacts to the Cobblestone District, a locally designated historic district, are expected to be minimal as the Preferred and Low - Density Alternatives would only be visible from buildings fronting Perry and Illinois Streets. The HSBC Atrium and HSBC Arena would obstruct views of these Alternatives with the exception of the proposed Webster Block street wall along Perry Street between Washington Street and Seymour H. Knox III Plaza. The High - Density Alternative would potentially be more visible, as development on the Webster Block would likely be visible above the HSBC Atrium roof line. However, the HSBC Arena would still obstruct views to the Project Area from properties at the south end of Illinois Street., Archaeological Resources No Build Alternative. The No -Build Alternative would not result in any impacts to S/- NTRHP- listed /eligible archaeological resources within the Project Area. Build Alternatives. In terms of impacts to archaeological resources, a Phase IA Cultural Resources Investigation Report was performed and found that all of the focus areas, except for the Aud Block, are sensitive for the presence of prehistoric and historic period archaeological remains. Therefore, the report recommended that additional Phase IB and Phase II archaeological testing programs be conducted within these areas to verify the presence or absence of potential archaeological resources (Phase IB Investigation) and, if resources are found to be present, determine their eligibility for inclusion in the S/NRHP (Phase 11 Investigation). Concurrent with the release of the FGEIS, A Phase I B field investigation was undertaken on the Donovan Block Focus Area between. October 12, 2009 and October 30, 2009. While a more complete draft Phase 1B report is expected to be completed in. Spring 2010, an End of Field Letter describing preliminary findings of the investigation was issued on December 30, 2009. In general, it is apparent that the Donovan Block has been extensively disturbed by historic demolition/construction activities. There is also a significant amount of fill on the site, including up to eleven feet of slag. No intact stratum that may contain prehistoric deposits was identified and no prehistoric artifacts were observed. Therefore, no further archaeological work will be recommended in this focus area. In addition, a Phase II field investigation was conducted between August 24 and September 23, 2009 at the Marine Drive Parking Lot Focus Area, which included four 25' x 35' excavation blocks distributed across the Marine Drive parking lot. Preliminary findings suggest that while intact natural soil sequences similar 'to those in the Erie Canal Harbor Prehistoric site were encountered in each of the four blocks, no prehistoric artifacts of any kind were encountered. The draft Phase Il report, which is expected to be completed in Spring 2010, will likely conclude that no further investigations for Prehistoric resources are warranted. Conversely, the draft Phase 11 report will likely recommend the completion of a Phase III data recovery Canal Side Project — SFQRA Findings Page 12 of 49 program at the proposed Davenport Alley excavation block to mitigate the effects of proposed construction to historic- period resources, as a result of identification of intact mid -19th century historical deposits (pre -Civil War era) during Phase II field investigation. Pending the results of archaeological investigations in other focus areas, construction of the Build Alternatives may occur in areas where significant archaeological resources are present and may result in the disturbance of those resources. Therefore, the Build Alternatives would potentially result in significant adverse impacts to archaeological resources, and appropriate mitigation measures would be required. 2. 'Visual Resources Impacts to visual resources occur when there is a detrimental effect on the perceived beauty of a place or structure. Significant aesthetic impacts are those that may cause a diminishment of the public enjoyment and an appreciation of an inventoried resource. The existing and potential aesthetic resources of the Project Area were evaluated and compared to assess the aesthetic impacts of the Project alternatives. No Build Alternative The No -Build Alternative would result in no significant change to the visual character of the Project Area or its surrounds. The existing poor visual character of the Project Area would remain, and Project infrastructure in context with the surrounding urban environment would not be developed to provide visual interest or enhance the City's waterfront setting. Build Alternatives All of the Build Alternatives would result in a 'positive impact to the visual setting of the Project Area by creating memorable streets, open spaces and water features. The Build Alternatives would create a public environment that changes from one place to the next, offers different orientations, provides for a variety of uses and, to varying degrees, would reduce the visual dominance of the Skyway. The primary distinctive elements for the Low - Density Alternative include a number of lower -rise structures as compared to Preferred Alternative and no hotel on the Central Wharf Green. The lower scale of these structures would be out of context with the surrounding development and would not mask the elevated Skyway, which detracts from the overall aesthetic quality of the Project Area. The High - Density Alternative model shows structures with additional height that would better screen the Skyway and offers a more urbane environment. A description of the manner in, which each of the Build Alternatives would improve specific Project Area viewsheds is discussed below. The analysis focuses on pedestrian -level views of the Project and on the various elements that would be visible from the following locations: Pearl Street looking south from Lower Terrace; Main Street looking south from south of Exchange Street;. Scott Street looking west from Washington Street; Main Street looking north from Perry Street; Prime Street looking northwest from west of Perry Street; Fuhrmann Boulevard looking northeast across the Buffalo River; and Marine Drive looking east from Marine Drive Apartments. Canal Side Prc►jeet — SEQRA Findings Page 13 of 49 The Low - Density Alternative would primarily affect the west (right) side of the Pearl Street looking south from Lower Terrace viewshed. Here the Commercial Slip Building and Commercial Slip Parking Garage, while covering the same lot area, would be shorter in height. Both structures would be shorter than. the Skyway thereby retaining some of the visual dominance of the Skyway. Under the High- Density Alternative, the Commercial Slip Parking Garage would remain the same in both height and build footprint as the in the Preferred Alternative. However, the Commercial Slip Building could be up to twice the height of the Preferred Alternative — rising well above the adjacent Skyway, and a pedestrian bridge would cross over Commercial Street connection the Commercial Slip Garage with Bass Pro. The viewshed for the Main Street looking south from south of Exchange Street view under the Low- Density Alternative would result in a similar design of structures and strectscape environment. However, the North Donovan Block development would not extend to the Main Street lot line thereby reducing the building footprint. Development along both sides of Main Street and Seymour H. Knox III Plaza would have reduced building heights, with the exception of the Bass Pro building. The reduced height of the structures would do less to minimize the visual dominance of the HSBC Arena and Skyway within this viewshed. Under the Nigh Density Alternative, 'lot coverage would remain the same as in the Preferred Alternative. However, all buildings would be measurably taller, with the exception of the Aud Block development (Bass Pro and Winter Garden), which would remain the same as the Preferred Alternative. The South Donovan Block and Webster Block developments on the east (left) would reduce the visual dominance .,of the HSBC Arena; while the Prime Slip Parcel developments on the west (right) of Seymour H. Knox III Plaza would obscure a greater portion of the Skyway: Under the Low - Density Alternative, building footprints would remain as in the Preferred Alternative, however, the scale and height of the buildings would be reduced in the Scott Street _ looking west from Washington Street view shed. This would increase the visibility of the Skyway as a dominant feature. The High - Density Alternative would be generally consistent with the Preferred Alternative with the Winter Garden and buildings south (left) of Marine Drive remaining similar in terms of scale and height. The viewshed of Main Street looking north from Perry Street for the Low- Density Alternative would provide • a slight difference to the Preferred Alternative with the height of structures being at a reduced height on both . the west and east sides of Main Street., The High- Density Alternative would differ with increases in both height and scale of the structures on the cast side of Main Street. The Preferred and High- Density Alternatives would include development on Parcel E1 along the Buffalo River that would reduce the Skyway's prominence over the Project Area as well as enhance the vitality of this key viewshed along Prime Street looking northwest from west of Perry Street; Conversely, the Low - Density Alternative would not include development of this parcel, and would therefore not have as positive an impact to this portion of the Project Area, by not generating as much activity and pedestrian traffic. The viewshed, which includes Prune Street looking northwest from west of Perry Street under the Preferred Alternative would have the Riverfront District buildings in the foreground. _ The Canal Side Project --- SEQRA Findings Page 14 of 49 Buffalo River and Central Wharf Green, with pedestrian treatments, would be evident to the right (west). The reconstructed Prime Street would provide vehicular circulation to the waterfront along with opportunities for on- street parking. The Prime Slip buildings that would front Prince Street would help create, through scale and design, the context of the Project Area's historic waterfront, and would frame views that would extend beyond the Whipple Truss Bridge and the Commercial Slip. A small portion of the Prime Slip, which would bisect a large swath of green space, would be visible as well. The Marine Drive Apartments would be apparent in the background looking north. The Skyway would be still prominent, but the Prime Slip buildings would provide an urban context to diminish the overpowering nature of the Skyway and its piers. The primary feature in the view from Marine Drive looking cast from the Complex would be the mid -rise Commercial Slip building, which would obscure portions of the Skyway. The Canal Side Hall and Winter Garden would be visible behind the Skyway piers on the north (left) side of Marine Drive. Also visible is a water feature that would create a visual extension of the Commercial Slip north into the Aud block. The Marine Drive /Scott Street vista would terminate at the new building constructed on the South Donovan Block creating a point of visual interest. New low rise buildings would be visible south of Marine Drive along with Prime Street and the Commercial Slip. The Low - Density Alternative would reduce the height of the Commercial Slip Building; however, its footprint would remain as in the Preferred Alternative. The height of developments on the Aud Block, South Donovan Block and buildings fi - onting Lloyd and Marine Drive would also be reduced increasing the visibility of Skyway piers. Also, the terminus of the Marine Drive /Scott Street vista would be less impressive. The High - Density Alternative would see the Commercial Slip Building increase substantially in height. The Canal Side Hall and Winter Garden would appear as in the Preferred Alternative, as would the buildings constructed along Lloyd, Hanover and Prime Streets. However, buildings east (behind) the Skyway on the Donovan (north and south) and Webster Blocks would be substantially taller establishing a new skyline above the Skyway. Thus the visual dominance of the Skyway would be further diminished. In addition, a more interesting vista along Marine Drive /Scott Street would be retained. Overall, all of the Build Alternatives would result in a positive impact on the visual quality of the Buffalo waterfront, with a configuration, scale and design that would place it in context with surrounding urban development and infrastructure, providing a. more continuous skyline and welcoming landscape. Thus, no mitigation measures are required. Nonetheless, the Project's cohesive visual character, consistent with surrounding development and Project Area heritage, would be achieved through consistency with Design Guidelines. 3. Land Use; Local Development Policies and Regulations The FGEIS examined the Project's consistency with existing land use controls and local development plans and policies to evaluate the Project components alongside . the visions for this area of the City. Local development Plans and Policies No Build alternative. The No -Build Alternative would not support the primary goals and objectives of the various downtown waterfront plans that call for the creation of an active, 24- Canal side Project — SEQRA Findings Page 15 of 49 hour, mixed -use neighborhood with public access and recreational opportunities along the waterfront. Preferred Alternative. The Preferred Alternative would be largely consistent with, and would achieve many of the goals and objectives set forth in the plans and policies that influence development within the Project Area, The Preferred Alternative would construct a destination with multiple uses and activities along the waterfront that would create a vibrant urban setting for local residents and regional visitors. In addition to its proposed Unix of land. uses, the Preferred Alternative's proposed form and scale of development would conform to visions set forth in the aforementioned plans and policies. The development would be comprised of structures that range in heights, including lower structures (i.e., maximum of 60 feet) on the Eric Canal Harbor Parcels, and taller structures (i.e., maximum of 160 feet) placed on parcels that would abut existing, tall and mid -rise structures such as the Marine Drive Complex, HSBC Atrium, and HSBC Arena as well as the Skyway. Such variation in building heights would blend with existing buildings heights, would contribute to a visually interesting skyline, and would reduce the perceived dominance of the Skyway. More specifically, the Preferred Alternative would be consistent with the 2004 ECHMP and 2004 Urban Renewal Plan Amendment; the Buffalo Comprehensive Plan; the Buffalo Waterfront Corridor Initiative; and the Niagara River Greenway Plan. Low- Density Alternative. Similar to the Preferred Alternative, the proposed programming of the Low- Density Alternative would be largely consistent with the vision and goals of current policies, plans and programs. However, the Low- Density Alternative would not be likely to fully achieve the desired goal of creating a vibrant waterfront destination, due to its reduced amount of square footage compared to the Preferred Alternative (603,200 and 1,104,800 respectively). Consequently, the smaller form and scale of structures in the Low - Density Alternative would not blend as well into the existing urban fabric, as compared to the Preferred Alternative. In addition, a key component that differs between these two alternatives is the development of Parcel El, which would be excluded from the Low- Density Alternative. The elimination of the development of Parcel El would be more consistent with the 2004 ECHMP and the 2004 Urban Renewal Plan Amendment as this area would remain public open space. High- Density Alternative. Similar to the Preferred Alternative, the proposed programming of the High- Density Alternative would be largely consistent with the vision and goals of current policies, plans and programs. However, the High - Density Alternative would put so much square footage on the local -real estate market that it could adversely impact activity elsewhere in the downtown market by drawing tenants from other districts and/or over saturating the marketplace resulting in deflated lease /rent prices. Key components that differ between the Preferred and High - Density Alternatives include taller developments under the High - Density Alternative on the Commercial Slip Block (300 feet versus 150 feet), Donovan North Block (200 feet versus 150 feet), and Webster Block (200 feet versus 150 feet). Consequently, the form and scale of structures in the High - Density Alternative would not blend as well into the existing urban fabric, as compared to the Preferred Alternative. Consistency with Adopted Land Use and Regulatory.pacuments No Build Alternative. The No -Build Alternative would result in the continuation of existing Canal Side Project — SEQRA.I`indings Page 16 of 49 4 . land use trends within the Project Area and its surrounds, and would not maximize these lands' highest and best use that is eligible under current zoning. Preferred Alternative. The Preferred Alternative would be generally consistent with adopted land use regulatory documents, including the zoning provisions of the City Charter and Code and the Waterfront Urban Renewal Plan. The greater part of the Project Area is currently zoned as II- Institutional Light Industrial with a small portion in the northeast corner of the Project Area zoned as DO- Downtown Opportunity. No buildings are proposed for parcels covered by the DO- Downtown Opportunity District, therefore, the focus of analysis in the FGEIS is on the requirements of the 11 District. This zoning district allows for the Preferred. Alter'native's proposed residential, various retail and restaurant - service uses, but does not explicitly permit office or hotel uses. In this regard, the Preferred Alternative would be inconsistent with the zoning provisions.. The 11 District regulations indicate that there is no height limit or minimum, and does not address setbacks. Thus, the Preferred Alternative, is consistent with applicable bulk requirements. . With regard to the Urban Renewal Plan, it important to distinguish the area comprising the Erie Canal Harbor Project parcels fi•om the larger area covered by the,Urban Renewal Plan. An amendment to the plan was adopted in 2004 to better match visions for future development in this area. The Preferred Alternative would largely adhere to the regulations in this amendment. Conversely, the areas beyond. the Erie Canal Harbor, but still within the Waterfront Urban Renewal Are are regulated by the base Urban Renewal Plan, which has not been amended to reflect updated visions for these areas and recent activities, such as the vacating of the Donovan Building and the clearing of the Aud Block. Consequently, the Preferred Alternative's proposed improvements to these areas would not be permitted under the Urban Renewal Plan. The Preferred Alternative would create a significant increase in the demand for parking. The City's recent Parking Assessment (November 2008) concluded that with most of the Project Area undeveloped, there is a peak hour surplus of 2,181 parking spaces within the HSBC Arena Parking District which includes the Project Area _(with the exception of the Marine Drive surface lot), the HSBC Arena structured parking ramp, and all of the surface lots to the east of the Arena and the HSBC Atrium. Following the completion of build -out of the Preferred Alternative, the Project Area would contain. approximately 298,650 square feet of retail space; approximately 182,150 square feet of restaurant space; approximately 293;600 square feet of office space; approximately 1 90,400 square feet of residential space; approximately 120,000 square feet of hotel /lodging space and approximately 20,000 square feet of cultural space. The proposed parking plan associated with the Preferred Alternative, would provide 2,471 off - street parking spaces. This would be slightly more than the number of off-street parking spaces that would be required under the City's zoning requirements. In order to minimize adverse impacts to land, parking would be concentrated within five parking garages spread across the Project Area. In addition, new surface lots would be generally limited to areas under the elevated portions of the Skyway and Thruway, areas which are generally not suitable to other uses. This approach would minimize the amount of land dedicated to parking and would avoid a proliferation of visually unattractive surface parking lots. Also, with the wide - spread availability of mass transit to the Canal side Project —SEQRA Findings Page 17 of 49 Project Area and the existing parking surplus in the HSBC Arena Parking District, providing slightly more than the minimum number of parking spaces required under the City's zoning regulations would be a reasonable approach, balancing parking demands with the effective utilization of land. Low Density Alternative. Under the Low Density Alternative the proposed programming of land uses would be largely the same and because existing land use controls do not contain minimum or maximum development thresholds, the Low - Density Alternative would have similar conflicts with land use regulations as would the Preferred Alternative. The one exception would be the exclusion of the waterfront hotel from the Low-Density Alternative, (an unauthorized use in the II District) which would therefore be slightly less inconsistent with existing zoning provisions. As with the- Preferred Alternative, the Low - Density Alternative would create a significant increase in the dernand for parking. Following the completion of build -out of the Low - Density Alternative, the Project Area would contain approximately 229,625 square feet of retail space; approximately 96 square feet of restaurant space; approximately 187,750 square feet of office space; approximately 39,000 square feet of residential space; approximately 30,000 square feet of hotel /lodging space and approximately 20,000 square feet of cultural space. Based on this build -Out, current zoning regulations would require a minimum of 1,387 off- street parking spaces for the Project. The proposed programming of land uses for the High Density Alternative would be largely the same and because existing land use controls do not contain minimum or maximum development thresholds, the High - Density Alternative would have similar conflicts with land use regulations as would the Preferred Alternative (office and hotel uses), although it is. noted that the High- Density Alternative would provide more of these prohibited uses (almost 500,000 square feet of office and 280,000 square feet of hotel space). High- Density Alternative. The High - Density Alternative would create a dramatic increase in the demand for parking within and around the Project Area. hollowing the completion of build -out of the High - Density Alternative, the Project Area would contain approximately 287,250 square feet of retail space; approximately 184,750 square feet of restaurant space; approximately 493,600 square feet of office space; approximately 469,000 square feet of residential space; approximately 215,000 square feet of hotel /lodging space and approximately 20,000 square feet of cultural space. Based on this build -out, current zoning regulations would require a minimum of 2,933 off-street parking spaces for the Project. The proposed parking plan associated with the High - Density Alternative, would provide 2,871 off - street parking spaces. This be slightly less than the 2,933 that would be required under the City's zoning requirements. As with the Preferred Alternative, in order to minimize adverse impacts to land, the parking would be concentrated within four parking garages spread across the Project Area. In addition, new surface lots would be generally limited to areas under the elevated portions of the Skyway and Thruway, areas, which are generally not suitable to other uses. Mitigation measures are not required because the Build Alternatives would not result in adverse impacts on land use because they largely adhere to the goals and objectives of local Canal side Project — sEQRA Findings Page 18 of 49 land plans and policies. 4. Community Character No Build Alternative The No -Build Alternative would result in no significant changes to the character of the Project Area or its surrounds. The existing underutilized parcels and surface parking lots would remain the dominant feature in an inactive urban setting. Build Alternatives ) Each of the Build Alternatives would result in positive impacts to the community character and the Project Area by establishing an active urban district with a variety of uses, places and experiences all connected to the downtown and waterfront. Pedestrian activity and mobility would be enhanced significantly by the construction of new walkways and improved sidewalks and crosswalks. Ground -level retail shops, restaurants, and outdoor kiosks in addition to the destination retailer, Bass Pro, would draw residents and visitors to the Project Area creating a significant level of street level activity that does not currently exist. The introduction of residential development further strengthens the Project Area as a 2417 environment. Proposed uses, both public and private, also expand year -round use of Project Area attractions. The construction of low- and raid- rise buildings associated with all of the Build Alternatives would be at a scale appropriate with the surrounding area, including the Skyway and buildings surrounding the Project Area. Importantly, the Build Alternatives would reduce the physical and psychological barriers separating the Project Area from the downtown and waterfont through streetscape, lighting and other improvement under and adjacent to elevated highways (i.e., Skyway and Thruway). The Low- and High- Density Alternatives would result in the same level of public access improvements as the Preferred Alternative, including water features and connections to the waterfront and downtown attractions., These Alternatives would also improve upon the existing community character 'along the waterfront by providing a regional destination. However, the Low- and High - Density Alternatives would provide somewhat different outcomes in the overall community character. The Low - Density Alternative would result in lower scale buildings and less development in terms of residential and commercial uses. Thus, there would likely be less activity primarily due to fewer people living in or visiting the Project Area and less street -level activity during the commercial off-hours. In addition, this Alternative would not include the boutique hotel along the Central Wharf Green. As a result a larger, continuous open space would be created west of Prime Street. Conversely, the High - Density Alternative would provide greater development densities than the Preferred Alternative thereby increasing the number of people living, working and visiting the Project Area. This Alternative would likely result in higher levels of street -level activity during the commercial off-hours. However, the increased density, primarily in the number of residential units, would result in added vehicular traffic and noise. Canal Side Project — SEQRA Findings Page 19 of 49 ,}- r'E V o S. Social and Economic Issues The FGEIS included an analysis using the Regional Economic Model, Inc. to evaluate economic impacts. The model is a l0- region structural, dynamic economic forecasting model used to forecast the economic and fiscal impacts of a project on the regional and statewide economy. The FGEIS evaluated the potential impacts that each alternative would have on population and housing and potential employment and fiscal impacts. No Build Alternative The No -Build Alternative would cause no changes in the population, racial and ethnic distribution, household numbers or size, housing characteristics, or income of the Project Area or the region. No new development would occur in the Project Area. Similarly, no change is Anticipated in labor. force size or characteristics, or unemployment rates or trends, as there would be no change in on -site uses nor additional on-site development. Finally, the No -Build Alternative would provide no increase in the value of the Project Area or in tax revenues accrued from the Project Area. Preferred Alternative The Preferred Alternative would not have an impact on the region's population and housing characteristics. The Preferred Alternative would add'190,400 square feet of residential space (150 units) to the waterfront where it previously did not exist. However, this minor addition of housing is unlikely to result' in a noticeable change in the City and Erie County populations, housing characteristics, or trends. The Preferred Alternative would not have a disproportionate impact on minority populations, because, as described in the DGEIS, the Census block groups surrounding the Project Area are less diverse, and thus contain proportionally fewer minority residents, than the City of Buffalo and Erie County as a whole. However, the Preferred Alternative would have impacts to the residents of the Marine Drive Complex, a Buffalo Municipal Housing Authority -owned development. The approximately 375 on -site surface parking spaces currently used by Marine Drive residents would be temporarily displaced during construction. Also, construction noise resulting from construction equipment and construction- related vehicles traveling to and from the Project Area may be audible at these residences, which can affect the character of the neighborhood. Lastly, construction - related impacts on air quality may result from short -term increases in fugitive dust and mobile source emissions from construction equipment and traffic. Appropriate mitigation measures would be required. Implementation. of the Preferred Alternative would result in direct aird indirect employment and fiscal impacts as well as accrual of tax revenues due to changes in land use at the Project Area. Direct impacts are consequences of economic activities carried out by users of the Project including employment of labor and purchase of locally produced goods and services. Indirect impacts occur as a result of direct spending and employment which induces additional cycles of spending throughout the local economy. Based on the proposed program, estimated, construction cost would be approximately $300 million. Total employment (direct, indirect, and induced) resulting from construction- related activity is estimated to be 3,020 in the Western New York region and 3,182 jobs in New York State (inclusive of Western New York). Total personal income earned by direct, indirect, and induced. construction- related Canal side Project — sEQRA Findings Page 20 of 49 wage earners is estimated to be $136.8 million in the region and $149.5 million in New York State (inclusive of Western New York). Tax revenue collected by localities, primarily the City and Erie County as a result of construction- related activity and employment is estimated to be $11.8 million and $12.8 million would be collected by New York State. Tax revenues include sales tax on construction materials used in the private development portions of the Preferred Alternative. In addition, tax revenues include estimated personal income tax, corporate income tax, and mortgage recording tax on the private portions of the Project, and miscellaneous other taxes. Included in the fiscal total for New York State is the anticipated rent collection (annual payments) paid by Bass Pro of $600,000 annually. Over 30 years, this yields.an estimated $8.7 million. Total employment (direct,'indirect, and induced) resulting from full build -out of the Preferred Alternative is estimated to be 2,560 in Western New York and 2,631 jobs statewide, including the region. Total personal income earned by direct, indirect, and induced full and part -time wage earners is estimated to be over $2.5 billion in the region and $2.7 billion statewide, including Western New York, over the 30 -year period of analysis. Estimated tax revenue for local governments resulting from the full build -out of the Preferred .Alternative is estimated to be $155.7 million. New York State estimated tax revenues generated are $184.6 million over the 30 -year period of analysis. Loin Density Alternative The Low- Density Alternative would have similar impacts to population and housing compared to the Preferred Alternative. However, impacts to the Marine Drive Complex due to traffic generation would be less because of the lower level of traffic generation associated with the Low - Density Alternative. In general the mitigation measures for impacts from the Low_ Density Alternative would be identical. to those discussed above for the Preferred Alternative. Eased on the proposed program, 'estimated construction cost would be approximately $162.8 million. The Low- Density Alternative would result in total of 2,160 regional construction - related jobs and 2,280 jobs statewide, including Western New York. The Low - Density Alternative would also result in an estimated $98.6 million in construction- related personal income in Western New York and $107.8 million statewide, including Western New York. This growth in construction employment and personal income is a 40% reduction from job and personal income growth due to the Preferred Alternative. The Low-Density Alternative would generate an estimated $82 million in taxes for local government from construction - related activity and $8.9 million in New York State taxes. These revenues are also a reduction in revenues compared to the Preferred Alternative. Therefore, while the Low - Density Alternative would positively impact job growth sand tax revenues, that impact would not be as significant as that due to the Preferred Alternative. Total employment (direct, indirect, , and induced) resulting from full build -out of the Low - Density Alternative is estimated to be 1,736 in Western New York and 1,786 jobs statewide, including the region. Total personal income earned by direct, indirect, and induced full and part-time wage earners is estimated to be over $1.7 billion in the region and $1.8 billion statewide, including Western New York, over the 30 -year period of analysis. Estimated tax Canal side Project — SFQRA Findings Page 21 of 49 revenue resulting from the full build -out of the Low - Density Alternative that would go to local governnments is estimated to be $86.4 million, including approximately $10.3 million in property tax collections by City of Buffalo and Erie County. New York State estimated tax revenues generated are $128.6 million over the 30 -year period of analysis. Total personal income for the Low - Density Alternative earned by direct, indirect, and induced full and part -time wage .earners is estimated to be over $1.7 billion in the region and $1.8 billion statewide, including Western New York, over the 30 -year period of analysis. Estimated tax revenue resulting from the full build -out of the Low - Density Alternative that would go to local governments is estimated to be $86.4 million, including approximately $10.3 million in property tax collections by the City and Erie County. New York State estimated tax revenues generated are $128.563 million over the 30 -year period of analysis. High Density Alternative The impacts of the High - Density Alternative on population and housing would be similar to the impacts created by the Preferred Alternative. However, those impacts to the Marine Drive Complex due to traffic generation would be greater because of the higher level of activity that would result from the High- Density Alternative. The mitigation measures for impacts from the High- Density Alternative would be identical to those discussed above for the Preferred Alternative. Based on the proposed program, estimated construction cost would he approximately $450.7 riiilliom The High - Density Alternative would result in total of 5,085 regional construction - related jobs and 5,356 jobs statewide, including Western New York. The High- Density Alternative would also result in an estimated $231 million in construction - related personal income in Western New York and $252 million statewide, including Western New York. This growth in construction employment and personal income is a 40% increase from job and personal income growth due to the Preferred Alternative. The High- Density Alternative would generate an estimated $20.9 million in taxes for local government from construction- related activity and $22.0 million in New York State taxes.. These revenues are also an increase in revenues compared to the Preferred Alternative. Therefore, the High- Density Alternative would have a more positive impact on job growth and tax revenues than the Preferred Alternative. Total personal income for the High- Density Alternative earned by direct, indirect, and induced full and part-time wage earners is estimated to be over $3.7 billion in the region and $3.9 billion statewide, including Western New York, over the 30 -year period of analysis. Estimated tax revenue resulting from the full build -out of the High- Density Alternative that would go to local governments is estimated to be $214.2 million, including approximately $36.4 million in property tax collections by City of Buffalo and Erie County. New York State estimated tax revenues generated are $264.7 million over the 30 -year period of analysis. f. Water Resources The FGEIS analyzed the impacts to water resources that would be associated with each. of the alternatives. In particular, the FGEIS analyzed the potential impacts associated with flood plain management, navigation, storm water management, and groundwater. Floodplains Cabal side Project — SEQRA Findings Page 22 of 49 € No Build Alternative. Under the No -Build Alternative, there would be no change to the existing site features, including bulkhead along the Buffalo River. Therefore, there would be no impact to floodplains in the vicinity of the Project Area. In addition, the No -Build Alternative would not impact the nearby floodway (i.e., Buffalo River), as the proposed seasonal floating dock: system (up to 30 slips) along the Buffalo River's edge would not be installed. Build Alternatives. Under the Build Alternatives, a narrow portion of the Project Area along the edge of the Buffalo River is within the 100-year floodplain. However, all Build site buildings and structures are outside of the floodplain area. Improvements within floodplain areas include passive recreational uses consisting of walkways, sheet furniture and lighting along the Central Wharf Green. It should be noted that both the Preferred Alternative and the High - Density Alternative proposed development of Parcel El near the river's edge, which would require additional study prior to its construction to confirm it is outside of the mapped floodplain. A survey of floodplain boundaries would be performed concurrently with design for the development of Parcel E1 to delineate the 100 -year floodplain for final design purposes. If located within the floodplain, the development of this parcel would be undertaken in accordance with applicable City floodplain regulations. Thus, the Build Alternatives are not anticipated to adversely affect area floodplains. All Build Alternatives would include the construction of a seasonal floating dock system (up to 30 slips) within the Buffalo River floodway. The floating dock system, adjacent to the east edge of the river, is located in an area where the USS The Sullivans had been permanently moored for many years. Given the previous occupation of this area by the USS The Sullivans and the seasonal nature of the floating dock system,. the Project is not anticipated to result in a significant advcrse impact to the floodway. All Build Alternatives would include the construction of a seasonal floating dock system (up to 30 slips) within the Buffalo River floodway. The floating dock system, adjacent to the cast edge of the river, is located in an area where the USS The Sullivans had been permanently moored for many years. Given the previous occupation of this area by the USS The Sullivans and the seasonal nature of the floating dock system, the Project is not anticipated to result in a significant adverse impact to the floodway. Navigation No Build Alternative. Under the No -Build Alternative, there would be no change to the navigation features along the Buffalo River. Build Alternatives. Udder the Build Alternatives, a floating dock system, adjacent to the east edge of the Buffalo River, is proposed to be located in an area near where the USS The Sullivans is permanently moored. Given the previous use of this area by the USS The Sullivans and the seasonal nature of the dock system, the Project would not result in a significant adverse impact to river navigation. The dock system also would not have an adverse impact on surface; water quality due to fueling or boat maintenance. activities, because the Project would not include fueling facilities at the waterfront, and any boat maintenance activities would be conducted within the Bass Pro store, not at the docks. Canal side Project— SEQRA Findings Page 23 of 49 �{ Storinwater No Build Alternative.. The No -Build Alternative would have no impact on Project Area storm water management, which would remain as is. Build Alternatives. All Build Alternatives would result in the redevelopment of undcrutilized lots within the Project Area and a general improvement in storm water management from No- Build conditions. The Project design under each Build Alternative offers several benefits over the current stormwater management system. While the Project Area currently consists largely of impervious, unplanted and paved surfaces, the Project, would include many areas that would function to. decrease runoff. Street trees and plantings would be included where possible, the canals would have a drainage system, and public spaces, such as the Canal Side Common, would help to decrease and slow runoff. Storer water management would not greatly differ between all Build Alternatives. Building lot coverage would be similar under each Build Alternative. Also, Project opera space designs are consistent for all Build Alternatives in providing water features (i.e., canals) and plantings that would capture rainfall and snowrnelt. However, the Low- Density Alternative would not include the development of Parcel El along the Buffalo River. As a result, this Alternative would provide slightly less impervious surface within the Project Area and storm water infiltration would be. slightly improved along the Central Wharf Green. As a result of comments on the DGEIS, the ECHDC initiated additional analyses in the FGEIS to further assess potential stormwater impacts of the Preferred Alternative. ECHDC commissioned C &S Engineers to prepare a study to examine stormwater runoff resulting from the build out of the Preferred Alternative on the existing Hamburg Drain and the combined sewer (CS) system. The scope of the study included an assessment of the watershed area and projection of the volume and peak rate and runoff for the 1 -, 10 -, and 100 -year storm events. Under the Preferred Alternative, stormwater would be treated by various methods. A portion of the stormwater sewers and roof drains would directly connect to the Hamburg Drain; some stormwater runoff would be directed into the proposed canals bisecting the Aud Block site. The canal pools would act as sedimentation basins, allowing suspended solids to settle out and floatable debris to be removed. The water within the pools.would also be filtered. During rain events, the canal pools would discharge excess water directly to the Hamburg Drain. This system would effectively treat site runoff to comply with NYSDEC requirements. Additional stormwater would be treated by using hydrodynamic separation, filtration, reuse, infiltration or a combination of these measures. In order to ensure mitigation of stormwater to the .CS system, specific .treatment methods would be determined during final design of each development parcel in accordance with the programmatic approach specified in the GEIS. In summary, the Build Alternatives would improve current storm water handling within the Project Area and reduce stress on the City's combined sewer system. As compared to the Preferred Alternative and the High - Density Alternative, the Low - Density. Alternative would further improve Project Area storm water runoff conditions by reducing impervious surfaces with the elimination of the boutique hotel along the Central Wharf Green. Canal Side Project — SFQRA Findings Page 24 of 49 Groundwater No Build. Alternaiive. A majority of the Project Area is comprised of impervious surfaces and there are limited opportunities for storm water runoff to enter the groundwater system. In addition, groundwater is not used as a source of potable water. Therefore, the No -Build .Alternative would not impact groundwater in the Project Area. Build Alternatives. No adverse impacts to groundwater resources would result from the construction and operation of the Build Alternatives. However, experiences from other - development projects in -the area indicate a potential need to consider the impact of the water table on building design. Depending on the type of construction techniques employed, development site excavations may require dewatering during construction. In such situations, water removed fi - orn the excavation area would be discharged to a combined sewer in accordance with the requirements of the Buffalo Sewer Authority. 7. Coastal Zone Management The FGEIS analyzed the potential impacts to the area that is within the New York State Coastal Zone Management Program ( "CZMP ") area. The GEIS identified all 44 CZMP policies, and evaluated the consistency of the Build Alternatives with these policies. (NYS Department of State, 2001). No Build Alternative The No -Build Alternative would not result in any changes to existing land or water uses within the CZMP boundary. Therefore, under the No Build Alternative, several important. CZMP development policies would fail to be implemented in the Project Area. These include: Policy 1, because the Project Area would remain undeveloped and underutilized; Policy 2, because water- dependent uses and facilities would not be sited along the shoreline of the Project Area; Policy 4, because maritime uses and activities would not be developed within the Project Area to strengthen the economic base of the Erie Canal Harbor; Policy 5, because there would be no development in the Project Area which has available public services and infrastructure; Policy 21, because water - dependent and water - enhanced recreation would not.be encouraged in the Project Area; and, Policy 25, because the scenic quality of the Project Area would remain low. .Build Alternatives The Build Alternatives would reconfigure a portion of the waterfront area designated in the approved New York State CZMP. However, implementation of any of the Build Alternatives would be consistent with the applicable policies embodied in New York State's CZMP, as documented in the GEIS. The Build Alternatives would: Restore and revitalize deteriorated and underutilized waterfront areas for commercial, industrial and recreational uses; Develop a multi -use recreational opportunities as part of other projects;. ® Encourage use of public owned recreational facilities in waterfront areas; and Canal Side Project — SEQRA findings Page 25 of 49 « Retain public ownership /access to lands on the foreshore and immediately adjacent to the foreshore. S, Transportation The FGEIS analyzed the potential impacts related to the local transportation network. The Level of Service ( "LOS ") for the intersections near the Project Area were evaluated for initial build -out and at full build -out under event and non-event conditions. No Build Alternative The Traffic Impact Study found that under the No-Build Alternative for the year 2011, the overall LOSS would be in the acceptable range from A to C at all Project Area intersections during both the weekday PM peak hour and Saturday afternoon peak hour non -event analysis periods in the year 2011. Overall LOSS following initial build -out would be in the acceptable range from A to C at all Project Area intersections during both the No -Build weekday PM peak hour and Saturday afternoon peak hour with event analysis periods. Overall intersection LOSs are all found in the acceptable range from A to C during both the weekday PM peak hour and Saturday afternoon peak hour non -event analysis periods for the year 2031. During the Saturday afternoon peak, overall LOSs would be in the acceptable range from A to C at all Project Area intersections during the Saturday afternoon peak hour analysis periods under both the non -event and event conditions for 2011. In addition, all approaches to signalized and unsignalized intersections within the Project Area also would operate at an acceptable LOS range between A to C. Preferred . Alternative For the Preferred Alternative, the Traffic Impact Study found that following initial build -.out, during the weekday PM peak hour overall LOSs would be in the acceptable range from AA to D at all Project Area intersections with the exception of the Washington Street with Scott Street intersection. The heavy turning movement traffic at the Washington Street with Scott Street. intersection would result in an overall LOS E during non -event conditions and a LOS F during event conditions. At the Washington Street intersection with the Thruway entrance, the heavy traffic northbound along Washington Street would reduce the number of gaps for southbound traffic desiring to turn onto the ramp. The southbound movement at this intersection would operate at a LOS F during both the non -event and event conditions. -After full .build -out, intersection operating conditions would be at or over capacity at the signalized Washington Street/Scott Street intersection and the Bingham Street approach to Church Street. Intersection operating conditions would be at or overcapacity at the unsignalized intersections of Washington Street /Thruway entrance ramp, Michigan. Avenue /Scott Street; Erie Street intersections with Bingham Street and Perry Boulevard, Pearl Street/Perry Boulevard; and Pearl Street/Exchange Street,during the peak analysis periods. Operational improvements at these locations would be investigated to mitigate the traffic impacts at these intersections. Appropriate mitigation would be required. High Density Alternative For the High Density Alternative, the Traffic Impact Study found that while overall delays and Canal Side Project — SEQRA Findings Page 26 of 44 a few LOS values would be increased, these operating conditions would be similar to those anticipated following initial build -out of the Preferred Alternative. During the Saturday afternoon peak, overall LOSS would be in the acceptable range from A to D at most Project Area intersections during the Saturday afternoon peak hour analysis periods under both the non- event and event conditions after full build -out. The unsignalized intersection of Pearl Street/PerTy Boulevard would also operate at over- capacity conditions during both the event and non-event conditions during the Saturday peak period, During the weekday PM peak hour overall levels of service most Project Area intersections would operate in an acceptable range from A to D. However, several 'intersections would operate at a LOS E or worse. The intersection of Washington Street/Scott Street would operate at a LOS F during both the event and non -event conditions. The Church Street intersection with Bingham Street the heavy Bingham Street approach would operate at a LOS F during the weekday peak hour period during event conditions and a LOS E during non -event conditions. The Washington Street intersection with the Thruway entrance ramp, the heavy traffic northbound along Washington Street would reduce the number of gaps for southbound traffic desiring, to turn onto the ramp. The southbound movement at this intersection would operate at a LOS F during both the non- event and event conditions. The Michigan Avenue intersection with Scott Street would operate at a LOS E during event conditions and a LOS D during non-event conditions. At the unsignalized intersections of Erie Street with Bingham Street and `Erie Street with Perry Boulevard, LOS of E and F would occur under both the event and non -event conditions. The unsignalized intersection of Pearl Street with Perry Boulevard. also would operate at over- capacity conditions during both the event and non -event conditions during the weekday PM peak period. Low Density Alternative For the Low Density Alternative the Traffic Impact Study found overall delays would be less, and LOS values would be similar or unproved as compared to those following initial build -out of the Preferred Alternative. Under the Low - Density Alternative, overall delays would be less, and LOS values would be similar or improved compared to the operating conditions anticipated after full build -out of the Preferred Alternative. 9. Hazardous Waste / Contaminated Materials No .Build Alternative The No -Build Alternative would not result in any adverse impacts to the Project Area, as soil and fill conditions within the Project Area would not change. Build Alternatives Construction and operation of Project components for each of the Build Alternatives would not expose , workers, residents, and visitors to significant levels of hazardous materials. Notwithstanding this, the relevant pathways for exposure of humans and aquatic organisms to potential Project Area contamination were identified and analyzed in the FGEIS. This analysis included a review of existing publicly- available studies within the Project Area to determine what contaminants may have "been released into the environment through historic uses. An evaluation of the mechanisms for exposure to contaminants by humans and organisms was also Canal side Project -- sEQRATiudings Page 27 of 4 9 conducted as part of the analysis: A review of past activities within the Project Area suggests that soils and groundwater may have been impacted with petroleum substances, chlorinated solvents, heavy metals, and poly - chlorinated bipenyls ( "PCB "s). Due to the widespread use and possible co- mingling of these chemicals, it may be difficult to identify any specific contaminant sources. Each of the Build Alternatives would involve activities, which, if not conducted properly, could release contaminants and affect the environment. The Build Alternatives would result in the removal of structures including utility infrastructure, parking lots, streets and other paved areas. These activities would expose previously covered soil, and increase the potential for storm water infiltration in the exposed areas. Environmental impacts created by pavement removal could include the following: individuals could come in direct contact with contaminated soil during and after the removal of structures, contaminated soil could be could be washed from piles during storm events and enter storrn sewers and waterways, thereby impacting aquatic species, contaminated soil could become airborne and inhaled by and visitors on. the exposed site and in the surrounding area and the infiltration of surface waters through 'soil could transport contaminants into underlying water bearing zones, where they would be transported into surrounding water bodies. The infiltration of surface water could raise the water table locally and affect the movement of groundwater both below the Project Area and in surrounding areas. Depending on the location where the water table is affected., this could accelerate or hinder the movement of possible contaminants into surface water bodies. When soils are excavated from within the Project Area they must either be relocated, or transported off-site for disposal. If the excavated soils are contaminated, these actions could change the environmental conditions of not only the location excavated, but also the location where the soils are ultimately placed. The Build Alternatives would involve extensive landscaping. Although some soil with higher fertility would likely be brought into the area and placed above existing soil, it is anticipated that many of the larger trees and plants would be planted in the deeper existing soils within the Project Area. It is also anticipated that landscaping would include the installation and operation of irrigation systems. The preparation of soils for planting or the stockpiling of soils could generate dust which could contain contaminants. Workers installing and maintaining landscaping may come in direct contact with potentially contaminated soils and visitors in the area could be exposed to contaminants while walking, sitting or laying on contaminated surficial soils. Plans for the Build Alternatives call for the construction of both shallow water features, and potentially a fish aquarium with a depth as much is 20 feet. In addition, the construction of specific structures in each of the Build Alternatives may require substantial amounts of excavation. Digging and excavating activities create digging and could create environmental risks beyond those associated with the surrounding landscaping. While creating the water features contaminated soil could be encountered which workers could be directly exposed to and by exposing the soil it could increase the transport of contaminants from soil into underlying groundwater, which ultimately flows into nearby surface water bodies, In addition, occupants, workers, or visitors in an adequately vented below grade structures could be exposed to contaminants able to volatilize and enter through cracks in concrete walls and floors Cawtal Side Project — SEQRA Fbidings Page 28. of49 �6 and mix with indoor air (vapor intrusion). The above described potential environmental risks can be readily managed through the development of soil management plans that would mitigate the risks associated with potentially contaminated soils. 10. Public Safety No wild Alternative The No -Build Alternative would not result in any changes to the Project Area, thus there would . not be any impact to public safety and the current safety conditions and issues would remain with regard to the elevated highways, transit facilities and surface parking lots. Build Alternatives The Build Alternatives would not result in any significant public safety impacts due to its location on the waterfront. Aside from the floating dock system, the Build Alternatives would not include any water - dependent uses or encroachment into the waterway. The Build Alternatives would not result in any adverse public health or safety impacts due to traffic generation. The air quality analysis for the proposed Project determined that predicted carbon monoxide concentrations due to Project- generated traffic would not exceed applicable air quality standards. In addition, the Build. Alternatives would improve existing safety and security conditions for those parcels located under the elevated highway structures within the Project Area through the addition of increased lighting, pavement, and non - permanent small structures. Also, the Build Alternatives would generate substantial activity and foot traffic in these areas on a regular basis. However, there are public safety implications associated with using those portions. of the Project Area underneath the Skyway particularly during winter months when the Skyway is regularly plowed for snow removal. ECHDC consulted with both NYSDOT and the City of Buffalo and neither had knowledge of any documented problems associated with snowplowing/debris falling from the Skyway above. Thus, this is not anticipated to be a significant issue. Nonetheless, ECHDC would work with NYSDOT and the City of Buffalo to reevaluate and update snow plowing procedures in the event fixture experience shows that a revised approach would be appropriate. 11. Community Services Na Build Alternative The No -Build Alternative would have no impact on existing community services. Build Alternatives The Build Alternatives would not have an adverse impact on police protection services because project related events are generally regulated through the City's existing event permitting process. All new buildings associated with the Build Alternatives would be designed with appropriate fire suppression equipment and fire -rated construction materials, in accordance Canal Side Project SFQRA Eindings Page 29 of 49 with the Building Code of New York State requirements. Thus the Build Alternatives would not adversely impact fire protection services. Emergency medical services in the vicinity of the Project Area would be adequate to support proposed uses and activities of the Build Alternatives. The primary volumes of waste generated would occur during the construction phase of the Build Alternatives, and would involve construction debris and excavated soils. During Project operations, solid waste would most likely be handled by private contractors, which is the method typically used for waste management by commercial development in the City. Therefore, City responsibility for Project - related solid waste would be limited primarily to the Project's residential components and public areas. These waste streams could.be sufficiently handled with existing City resources. Therefore, the Build Alternatives would not create significant adverse impacts on solid waste management. 12. Open Space and Recreation No Build Alternative The No -Build Alternative would not adversely impact open space and /or recreational opportunities in or adjacent to the Project Area, such as the Central Wharf Green, Transit Plaza and the Naval Park and /or the Erie Basin Marina, although the portions of the Project Area that are visible to these recreational areas would continue to detract from the recreational experience. Build Alternatives The Build Alternatives would expand, link and enhance open space and recreational opportunities in and adjacent to the Project Area. Such expanded and enhanced open space and recreational opportunities would create beneficial impacts to open space and recreation resources which would include: (i) the Canal Side Common, located on top of Canal Side Hall, would be used to provide unique outdoor recreational opportunities such as educational classes and outdoor skills workshops; (ii) the water features (e.g., canals) would providing year -round water uses; (iii) an extended Central. Wharf Green would stretch to South Park Avenue connecting the Project Area to the Buffalo River trail system. Lands committed to the Central Wharf Green would be slightly reduced under the Preferred and High - Density Alternatives due to the construction of a hotel along the Wharf, however continuous access along the river edge would be provided; (iv) the Prime Slip canal, as an interpretive water feature, would link the Central Wharf Green with the Winter Garden expanding pedestrian opportunities for exploring the Project Area; (v) the Skyway Plaza would provide space underneath the Skyway dedicated to seasonal events, artistic expression and seasonal retail kiosks; (vi) sidewalks and bicycle lanes would connect into existing systems linking the Project Area to other city- and region - wide resources; (vii) additional seasonal floating dock space would be provided adjacent to the Central Wharf Green for Bass Pro boat sales and demonstrations. In addition to the expansion and enhancement of public open space and recreational opportunities, the Build Alternatives would draw additional new and repeat visitors to the area to snake use of the existing recreational facilities and area offerings. 13. Utilities Canal side Project — sEQRA Findings Page 30 of 49 � Aro Build Alternative The No -Build Alternative would not have any impact upon utilities in the vicinity of the Project Area. Build Alternatives The Build Alternatives would result in increased demands on the City's water supply system, but would not adversely impact the water supply system's overall capacity of 150 million gallons per day ( "MGD "). The City currently utilizes roughly 75 MGD. Therefore, the water supply system has approximately 85 MGD excess capacity available. The water consumption demands for the Build Alternatives are as follows: (i) the Preferred Alternative is 137,000 gallons per day, (ii) the Low- Density Alternative is 75,000 gallons per day; and, (iii) the High- Density Alternative is 193,000, gallons per day. The Build Alternatives would result in increased demands on the City's sanitary sewer system, but would not adversely impact the BSA's overall systern capacity. The BSA's sewer system has a capacity of 180 MGD, but currently utilizes roughly 160 MGD. Therefore, the BSA's sewer system has approximately 20 MGD excess capacity available. Project sanitary sewer demand estimates assume that sanitary flows would be generally equal to daily water usage estimates. Therefore, sufficient capacity exists in the BSA system to accept Project sanitary sewer flows. The Project would result in increased demands on natural gas service, but would not adversely impact National Fuel's (the local natural gas service provider) ability to deliver this service to the Project Area or to other areas of the City, as adequate capacity and- access to natural gas service mains are available in the Project Area. The Project may result in increased demands on fiber optic infrastructure, but would not adversely impact the various fiber optic providers' ability to deliver this service to the Project Area or to other areas of the City, as adequate capacity and access to fiber optic mains /hubs are available near the Project Area. 14. Air Quality No .Build Alternative The No -Build Alternative would not result in any impacts to air quality in the Project Area. .Build Alternatives Fundamentally, the Project is a real estate development project to establish a mix of residential, retail, office and cultural uses within the Project Area. None of these uses or any activities that would take place at the Project would result in the emission of any significant quantities of air pollutants that could harm human health or the environment. Therefore, the Build Alternatives would also not result in significant adverse impacts to air quality in the project Area or its surrounds. However; the Project would generate greater levels of traffic in the Project Area. Increases in traffic would result in an increase of air pollutants fi vehicles. I To examine the Canal Side Project — SEQRA Findings Page 31 of 49 potential impacts to air quality due to Project- generated traffic under the Build Alternatives, a rnicroscale modeling analysis was conducted to estimate the levels of the most significant air pollutant thus results from vehicle emissions, carbon monoxide ( "CO "), in the Project Area that would be anticipated from increased traffic. Evaluations were conducted for existing conditions and predicted fixture conditions with and without the Project in years 2011 (after initial build -out) and 2031 (after full build -out). The maximum predicted future CO concentrations froze traffic generation at selected analysis sites for the future No -Build and Build Alternatives in 2011 and 2031 which were based on future No -Build and future Build traffic conditions, would not exceed the applicable 1 -hour or 8 -hour CO standards. Therefore, no significant CO impacts would occur, and mitigation measures would not be required. 15, Noise No Build Alternative The No -Build Alternative would not result in any impacts to noise levels in the Project Area. Build Alternatives The Build Alternatives would potentially result in impacts to noise levels within the Project Area because of the introduction of new development and activity to the Project Area. Generally, the Build Alternatives would not result in activities taking place at the Project Area that would generate noise out of character with the existing urban environment, which experiences background noise due to traffic on the Skyway and Thruway. However, adverse noise impacts could result from an influx of Project- related traffic to the Project Area as well as construction activities. Such adverse impacts due to traffic would be relatively minor and easily mitigated. The following is a description of anticipated higher noise levels due to traffic generation and construction activities. Predicted future 2031 (after full build -out) noise levels under the Build Alternatives are projected to increase by 1 to 5 dBA over equivalent peak hour existing levels. Noise level increases of S dBA are considered readily noticeable resulting in sporadic complaints. However, all predicted noise level increases over comparable existing peak hour levels would be below the NYSDOT and NYSDEC 6 dBA impact threshold requiring closer inspection and analysis. The noise impact analysis findings showed that the maximum exterior noise level increase under the Build Alternatives would remain below the NYSDEC and NYSDOT 6 dBA increase threshold, thereby would result in no significant adverse noise impact within the Project Area. An additional noise analysis was completed to determine exterior noise levels at upper -story building facades. The analysis consisted of determining noise levels in the vertical profile along each of the proposed building facades of all proposed building under the High - Density Build Alternative. The noise analysis findings indicate that exterior noise levels at 4th floor or higher building facades of all proposed buildings facing the Skyway would be exposed to noise ranging. from, 70 to 76 dBA depending on the distance between the building fagade and the Skyway. Appropriate mitigation would be required. 9_ Canal side Project — s QRA Findings Page 32 of 49 �.. Increased noise - from construction activities can be expected to be most audible. typically during the first year when excavation and heavy daily truck traffic would occur. Therefore construction operations for some limited time periods would result in increased "noise levels that may result in a perceptible increase ambient noise levels — especially at the nearest noise sensitive properties nearest the construction site boundary. However, because of its limited duration, these potential impacts would not constitute a significant impact. 16. Physical and Ecological Resources No Build Alternative The No -Build Alternative would have no new short or long- term impacts to physical and ecological resources. Build Alternatives None of the Build Alternatives would result in any significant long -term impacts to topography, geology, or soils of the Project Area. The Build Alternatives would result in no significant impacts to ecological resources terrestrial wildlife habitat within the Project Area. The creation of new open space /landscaped areas and street trees would result in a net increase of vegetation within the Project Area and would provide potential habitat for various bird species acclimated to urban environments. A NYSDEC Natural heritage Report on Rare Species and Ecological Communities (Salerno, 2009) reported the Peregrine Falcon (Falco pergrinnus) and the Four - flowered Loosestrife (Lysimachia quadrifora) as "Endangered" species in New York State within one mile of the Project Area. Consultation with NYSDEC regarding the potential for adverse impacts to the Peregrine Falcon found that while Peregrin Falcons currently forage on the Lake Erie shoreline, they have not been reported in the immediate vicinity of the Project Area. Therefore, the Build alternatives would not have a negative impact on the Peregrin Falcon to forage or raise their young in the area. In addition, given the existing Project Area site conditions the likelihood of the presence of the Four - Flowered Loosestrife is remote. Direct impacts to the Buffalo River would be very limited and none of the Build Alternatives would have a significant adverse impact on aquatic resources. The NYSDEC Natural Heritage Report on Rare Species. and Ecological Communities (Salerno, 2009) has indicated the Lake Sturgeon (Acipenser fulvenscens), listed as a "Threatened" species in New York, to inhabit Lake Erie and Niagara River waters within one mile of the Project Area. 37. Construction - Related Impacts No Build Alternative The No -Build Alternative would not create any construction - related impacts. Build Alternatives In response to Marine Drive Apartment Complex resident concerns received during the public comment period, ECHDC directed its project design and environmental teams to prepare the Canal sine Project -- SEQRA Findings Page 33 of 49 SAR to assess the potential for significant adverse environmental impacts in the area of the Complex. Potential construction - related impacts associated with the Build Alternatives would include site preparation (e.g., grading), which may increase sediment loadings in site runoff; disposal of contaminated soils /fill materials, and potential exposure to on -site workers; and temporary impacts to air quality and ambient noise levels. In addition, construction workers may also be exposed to hazardous situations typically associated with construction activities. However, as described below, the Build Alternatives would not result in any significant impacts during construction phases with the application of appropriate construction techniques, compliance with local and federal regulations, inspection and monitoring associated with permitting processes. Construction - related impacts from the Build Alternatives on air quality would be limited to short -term increases in fugitive dust and mobile source emissions. Short - term elevated mobile source emissions (e.g., CO from motor vehicles) may result from the disruption of traffic during peak travel periods. Construction - related activities would have short -term noise impacts within and immediately adjacent to the Project Area. Impacts to community noise levels during construction would result from noise associated with construction equipment, and construction - related vehicles traveling to and from the Project Area. Increases in noise levels from delivery trucks and other construction vehicles would not be significant. 18. Irreversible and Irretrievable Commitments of Resources As part of the impact. analysis SEQRA requires that the FGEIS identify the irreversible and irretrievable commitment of resources, if any. The FGEIS identified several irreversible and irretrievable commitments of resources required for construction : and operation of the Build Alternatives, which would include construction materials, energy (construction and operation phases), labor, capital, and land.' ECHDC would undertake efforts to minimize impacts of resources, as feasible and practical, through the implementation of a Project - specific Sustainability Program and compliance with New York State Executive Order 111 ( "EO 111" ). 19, Unavoidable Adverse Impacts SEQRA also requires an analysis of unavoidable adverse impacts. The FGTEIS found that the Build Alternatives are generally consistent with local and regional plans and policies for redeveloping the downtown Buffalo waterfront, and would result in significant short- and long- term benefits. However, some unavoidable adverse impacts would result from implementation the Build Alternatives. The unavoidable adverse impacts are similar for each Build Alternative, but may vary in degree of impact. Construction- phase impacts would include localized and temporary impacts to sound levels, air quality, traffic, on- and off-street parking, .pedestrian and bicycle facilities, and access to attractions and event venues (e.g., Naval Park, Commercial Slip, HSBC Arena). Short -term Noise impacts associated with construction - related vehicles would be regulated by local and State regulations and standards. Air quality impacts would be limited to short -term increases in fugitive dust and mobile source emissions from construction equipment. Overall, the Build Alternatives would have significant, positive long -term impacts. However, with just about any form of sizable urban development would come minor long -term impacts, such as increased vehicular traffic, noise and air quality resulting from denser development Canal Side Project -- SEQRA 1<indbigs Page 34 of 49 patterns. In particular, the anticipated increase of vehicular traffic in the Project Area mould . potentially have increase traffic volumes and elevate air quality impacts at key intersections associated with grounds -level concentrations of CO related to vehicular exhaust. Some existing viewsheds would also be obstructed due to the placement of new structures in the Project Area. In addition, there would be impacts to the following utilities which were previously described: gas, electric, fiber optics, public water, sanitary /storm sewers and energy use. Impacts of the Project to utilities would also be associated with the relationship of new underground facilities to existing infrastructure on the Project site, particularly the Skyway and the Thruway. 20. Growth, Inducing Aspects Under SEQRA the FGEIS must also analyze potential growth - inducing aspects of the Project. The FGEIS identified the following growth - inducing aspects: The Project would provide significant investment and potential growth within the City through the revitalization of an underutilized area along the downtown waterfront. In particular, the Project would include the construction of a substantial mixed use neighborhood including residential, office, lodging, cultural and recreational opportunities. This, in turn, would expand the City's employment base. Thus, investment within the Project Area could also stimulate some additional private investment and economic growth outside the Project Area in the surrounding downtown area, in the Cobblestone District to the east and possibly across the Buffalo River. Thus, even though the Project would create new employment opportunities and may lead to additional investment outside of the Project Area, any resulting increase in population within the City would be more than offset by recent population losses in the City and world not result in adverse impacts that the City's existing infrastructure cannot support. 21. Effects on Solid Waste Management Under SEQRA, the FGEIS must also analyze potential effects on solid waste management associated with the Project. The FGEIS found that the Project Area is largely comprised of vacant parcels of land, and, therefore, would have little impact on solid waste. Primary waste associated with the Build Alternatives would be construction and demolition debris resulting from the construction of the various elements that comprise the Build Alternatives. 22. Effects on the use and Conservation of Energy Resources The construction and operation of the Build Alternatives would have both short4errrn and long- term impacts on the use and conservation of energy resources. In the short -term, construction of all Build Alternatives would require the use of nonrenewable energy resources including: gasoline, diesel fuel, and electricity. In addition to construction - related energy use by equipment, the indirect use of energy would also occur as a ; result of construction workers commuting to and from the construction site. The long -term impacts of each Build Alternative on energy resources would differ in magnitude for each of the Build. Alternatives with the Low - Density Alternative having the least impact and the,High- Density Alternative having the greatest impact. In general terms, Project size is directly proportional to energy consumption. Impacts on the use and conservation of energy would result from traffic generated by the Project, consumption of energy from day-to -day Project operations, such as building heating, cooling, and lighting, and energy consumption for the operation of unique Project components such as the canals and aquarium. The traffic generation differs between each Build Alternative. Canal side Project — S QRA Findings Page,35 of 49 After initial build -out, total development would range from 409,600 square feet to 1,046, 1,00 square feet and total vehicle trips would range from 1,080 to 2,503 during the weekday PM peak period and range from 1,559 to 2,657 during the Saturday afternoon peak. After full build -out, total development would range from 603,600 square feet to 1,669,600 square feet and total vehicle trips would range prom 2,525 to 4,468 during the weekday PM peak and range from 2,900 to 4,830 during the Saturday afternoon peak. Accordingly, the High - Density Alternative would result in the greatest use of enemy. Each Build Alternative would also include water features, which would be used year-round for activities such as boating, fishing and ice skating. As people may be in contact with the water, the design intent would be to treat the water to swimming pool quality standards, therefore energy would be consumed in the process of filtering and disinfecting the water. Also, electricity would be consumed for underwater lighting and the use of a chiller system to create ice rinks lining the canals. Lastly, the 20 foot sleep aquarium would consume energy because the water would be filtered, ozonated, aerated and passed through biofiltration to ensure a healthy environment for the fish. 23. Cumulative Impacts SEQRA requires an assessment of cumulative impacts associated with a Project, which is an impact on the environment that could result from incremental impacts of a proposed action when added to other past, present, or reasonably foreseeable future actions by other entities separate from the proposed action. The proposed Project, in addition to the collective independent_ actions in the vicinity of the Project Area, would help achieve the goal of revitalizing the downtown waterfront. Several independent actions /projects are currently in various stages of planning and implementation is expected in the reasonably foreseeable future, including: • Cars on Main Street Project; • Removal of the Skyway; Michigan Avenue Bridge Replacement Project; • Erie Canal Harbor Master Plan Historic Streets; and • BSA's Floatables Control Facility. Other projects located in the near vicinity of the Project Area, that may contribute to incremental consequences with the construction of 'the Carnal Side Project include the following: ® City of Buffalo's Re- alignment of Erie; Extension/connection of Marine Drive to the Erie Street - Lakefront Boulevard intersection; The conversion of Pearl Street to two -way traffic; Eric Basin Marina[Waterfiont Village area; ® The Cobblestone Historic District; The Seneca Buffalo Creek Casino; and ® Adaptive reuse of the NFTA's Delaware Lackawanna & 'western terminal building. Minor to moderately adverse impacts typically occur in mature urban areas as a result of the combined impacts from new development and future projects. These impacts include Canal Side Project — SEQRA Findin Page 36 of 49 J intermittent land use and traffic issues (i.e., proximity of adjoining uses, scale of development, incompatibilities of new and old/existing land uses, intersection traffic, parking demand, urban design/visual impacts, etc.), dislocation of persons or existing businesses, and potential conflicts between operators of new establishments and current residents/businesses. There is a potential for adverse cumulative impacts resulting from development that is visually incompatible with the overall historic elements and pedestrian scale of structures and facilities already in the area, however these types of impacts would be mitigated through the use of design standards to regulate development. Although these types of cumulative impacts are often unavoidable, the anticipated slow to moderate pace of development of these future projects (given significant actions necessary to fund and implement them) would allow for a concerted effort to mitigate potential future adverse impacts. No significant impacts would result from the addition of the Project to previous documented and recently planned development projects. Cumulatively, it is reasonable to anticipate that the implementation of these projects along with the Project would result, in an overall positive long-term impact on the redevelopment of downtown Buffalo. The combined impact of these projects will ultimately change the. .character of the currently underutilized waterfront to a vibrant urban mix of uses and streetscape consistent with the economic development goals of the City and the region. Public access, including automobile, public transit, and pedestrian circulation along the waterfront. would be greatly enhanced through new economic activity and the creation of public .space within the Project Area and other downtown waterfi projects. VII. MI'T`IGATION 1. Design Guidelines —band Use, Visual, Community Character Mitigation A set of site - specific Design Guidelines, presented in the FGEIS, would govern development on all parcels within Canal Side and must be adhered to in all phases of Canal Side. The goals of the Design Guidelines are to provide high quality, attractive and active spaces that employ contemporary techniques but reference and evoke Buffalo's historic waterfront and the Erie Canal. To maintain the integrity of previous planning efforts such as the 2004 ECHMP and to undertake development consistent with, its vision, the Design Guidelines for the Project have incorporated, in their entirety, the design guidelines (Sections 3.3 and 3.5) from the 2005 Erie Canal Harbor Amendment to the Urban Renewal Plan for the Waterfront edevelopment Project which were developed specifically to implement the vision of the 2004 Erie Canal Harbor Master Plan. As a final measure to. help ensure that the development is consistent with the vision for the waterfront laid out in land use regulations and policies, ECHDC would appoint an Architectural Design Review Committee to review final designs for the Project. The Committee would be charged with evaluating designs and consistency with the Design Guidelines. Also, final designs for the Project would similarly be reviewed by the City of Buffalo Planning Board for consistency with the Design Guidelines. Canal Side Project — SEQRA Findings Page 37 of 49 2. Cultural Resources Mitigation To mitigate any adverse impacts to archeological resources from the Project, a Cultural Resource Management Program has been established in accordance with Section 14.09 of the State Historic Preservation Act, memorialized in a Letter of Resolution among ECHDC, ESDC, and OPRHP. This agreement sets forth subsequent procedures for investigating and undertaking data recovery and. other mitigation measures with regard to archaeological resources, as Project designs are finalized and development is progressed. A draft of the Letter of Resolution was included in the DGEIS and made available for public comment. Since the release if the FGEIS, the Letter of Resolution has been fully executed for signature by the above agencies. 3. Transportation Mitigation Identified roadway network and operation improvements included as part of the Project to assist traffic operations within the Project Area and mitigate any potential impacts associated with the presence of the additional Project - generated traffic onto the roadway network would include the following items: ® Conversion of a portion of the Marine Drive loop roadway to two -way operation allowing direct access from the Commercial Slip Parking Garage driveway to Marine Drive. This modification would allow the parking garage traffic to access the site without impacting the residential loop roadway traffic around the apartment complex. This modification is recommended regardless of the Marine Drive loop roadway. traffic direction on the residential loop; Develop and install a directional signing program that efficiently directs motorist to and from the Canal Side attractions and the parking garage driveway locations. The program should be designed to route traffic around residential areas near the Project Area; especially to and from the Commercial Slip Parking Garage driveways; ® Conduct a traffic study to confirm the adequacy of the proposed mitigation measures. The study , could be conducted by the ECHDC in consultation with the City of Buffalo and Canal Side stakeholders; ® Police oversight, of Donovan Parking Garage driveways during event conditions to allow traffic to exit onto Washington Street from the garage driveway; * Inclusion of an eastbound left turn advance signal phase for Scott Street and incorporation of a second northbound through lane. along Washington Street by banning parking along 100' of the curb to improve the operating condition of the Washington Street with Scott Street intersection; _ Conversion of the second northbound lane along Washington Street into a channeled right turn lane at the Thruway Southbound entrance ramp intersection to improve the operating condition of the Washington Street with Thruway Southbound Ramp intersection; The installation of a traffic signal at the Michigan Avenue with Scott Street intersection to ® The installation of a traffic signal at the Pearl Street Extension with Perry Boulevard intersection to reduce delay and improve the operating levels of service at this intersection; and ® The reconfiguration of the intersections of Erie Street with Perry Boulevard and Erie Street with Bingham Street and the installation of a traffic signal to improve overall operations. 4, Environmental Sstainability Measures The Project would be designed and constructed to benchmark with the Leadership in Energy and Environmental Design. ( "LEEDO ") green building rating system, which has been developed by the U.S. Green Building Council ( "USGBC "). The Project would achieve at a minimum LEEDO for Building Design and Construction for Core and Shell ( "LEEDO BD &C- CS ") version 2009 Certified Levels (40. to 49 point's), with a goal of attaining Silver Level (50 to 59 points). LEEDO certification provides independent, third -party verification that a building project meets the highest green building and performance measures. LEEDO- certified buildings are designed to lower operating costs, reduce waste sent to landfills, conserve energy and water, be healthier and safer for occupants and reduce harmful greenhouse gas emissions. These benefits are achieved by incorporating certain design, mechanical, and structural features into a building. These features are quantified as credits, and the more credits a project has, the.higher the LEEDO rating. For this particular Project, all minimum program requirements and prerequisites would be met, with additional points, for example, being sought by improving stormwater drainage and management within the Project Area. 5. Water Resources Mitigation Flondplains A survey of floodplain boundaries will be performed concurrently with the design of any development of parcel El to delineate the 100 -year floodplain for final design purposes. if located within the floodplain, hotel development would be undertaken in accordance. with applicable City of Buffalo floodplain regulations. This would minimize the potential for increased flood risks, and would likely include: ® Establishing grading plans and building elevations that are above floodplain elevations; Prohibiting of any habitable areas of buildings / structures at floodplain elevations; Implementing flood proofing measures for non - habitable portions of buildings /structures (i.e.., commercial uses) within the floodplain, if necessary; Best practices in developing "green marinas" would be implemented, as feasible, to further protect contaminants fiom entering the Buffalo River. These could include: - Developing and implementing spill prevention programs; Cat►al Side Project -- SEQRA Findings Page 39 of 49 Using environmentally preferred materials in dock system design; . - Installing trash and recycling receptacles; and --- Training staff to management the facility in keeping with adopted green marina standards. Storer water To ensure appropriate mitigation of stormwater impacts, for each parcel to be developed at Canal Side, the parcel developer would be required to evaluate the following: Capture and Reuse: This option essentially involves capturing and storing storrwater for non- potable reuse such as toilet flushing and landscape irrigation. Reduction of Runoff Rate & Volumes: This option consists of reducing impervious surface to allow rainwater to percolate into the ground. naturally. This can be accomplished by increasing landscaped areas; using green roofs; infiltration trenches, drywells or a combination of these measures. Direct stormwater discharges directly to a CSO or the Buffalo River. This would require appropriate treatment of the required water quality volume (0.9 inches of rain) prior to discharge. Treatment options include (developer should pick a. minimum of one): Sedimentation & Screening -The removal of suspended solids by settling and screening of larger floatable solids & oils. - Hydrodynamic Separation - Removal of suspended solids and floatables by proprietary processes consisting of creating vortices to enhance sediment removal rates. - Infiltrations- Capture and percolation of runoff on site into subsoils. - Filtration -The removal of fine suspended solid using sand filters or' commercially available proprietary filter media. Bioretention -A combination of infiltration and filtration using special soil media and vegetation for nutrient and water uptake. In the event it is determined to be impractical to convey stormwater directly to the CSO, stormwater discharges would be. directed to the CS system. However, appropriate measures must be developed and implemented at each development parcel to ensure that post- development stormwater discharges to the CSO are reduced , during storm events. " Options available to achieve such reductions are designed to be flexible and tailored to the specific conditions of each development parcel. At a minimum, the BSA's policy for stormwater runoff management must be followed. This requires that stormwater detention be provided on sites where the existing storm and /or combined sewers do not have the capacity to accept the existing flow, and /or there is any increase in impervious area. Also, it is noted that each of the development parcels would be required to be LEED certified. Cana! Side Project --- SEQRA Findings Page 40 of 49 % Points contributing towards LEED certification can be . obtained for stormwater management in two ways, by reducing the rate and quantity of stormwater runoff by 25% from its previous condition through retention, or by implementing active stormwater filtration to remove 80% of total suspended solids. Obtaining stormwater related LEED points would be considered for each development parcel. Navigation and Aquatic Resources ECHDC would consult with the United States Army Corps of Engineers, United States Coast Guard and City of Buffalo Department of Public Works, Street and Parks regarding design, placement, and operation and maintenance -of the seasonal dock system. In addition, ECHDC would consult with the NYSDEC to identify possible aquatic habitat enhancements that could be included as part of the design for the floating dock system. 6. Hazardous Waste / Contaminated Materials Mitigation A soil management plan would be created for each development parcel prior to implementation of soil disturbance activities to control risks associated with disturbing potentially contaminated soils. These soils management plans may include the following general and area - specific measures: e A new database report would be prepared to discover whether additional environnental conditions on the site or in the surrounding area exist. NYSDEC, the City, and other available original documentation would be reviewed to more specifically identify the known and potential contaminants in the area. ® Soil and groundwater samples from other_ potential sources of contamination and several regional groundwater samples would be collected and analyzed. Using water levels measured in temporary monitoring wells, the direction of groundwater flow in the area would be identified. Using the analytic data from. soil and groundwater samples, a report describing the more regional environmental impact and hydrogeology of the Canal Side Project area would be prepared. As detailed plans for the Project are prepared, potential environmental impacts related to the Project would be assessed if thresholds established in existing reports are exceeded. Health and safety protocols would developed for all likely construction and maintenance activities within the boundaries of the Project Area. 7, poise Mitigation The noise analysis in the FGEIS indicate that exterior noise levels at 4th floor or higher building facades of all proposed buildings facing the Skyway would ,be exposed to noise ranging from 70 to 76 dBA depending on the distance between the building facade and the Skyway. Therefore, to mitigate any potential noise impacts associated with placement of buildings in such proximity to the Skyway, ECHDC will require that all windows of proposed building facades with a direct line-of-site to the Skyway Bridge be manufacturer -rated to Canal side Project — SQRA Findings Page 41 of 49 provide a minimum noise reduction of 25 dBA. This would ensure that interior noise levels at the nearest points to Skyway would not exceed 51 dBA with windows closed. Additionally, building facades not facing the Skyway would be required to manufacturer -rated to provide a minimum noise reduction of 20 dBA. 8. Construction Impact Mitigation ECHDC will employ a series of "best practices" and other mitigation measures related specifically to the construction impacts of the Project. These are discussed in the following sections. Construction Impacts to Hazardous Waste / Contaminated Materials / Soils See description of Soils Management Plans and procedures under Section V11, 6. Site Runoff /Soil erosion and Sedimentation Control ECHDC will ensure that all construction contractors be required to address erosion and sediment control procedures to prevent runoff from contaminated areas into adjacent non - contaminated areas. A Storm Water Pollution Prevention Plan (SWPPP), including soil erosion and sediment controls, consistent with the most recent State Pollutant Discharge Elimination. System (SPDES) guidance would also be developed, and may include: Use of sedimentation/erosion control measures, such as silt curtains and hay bales; Measures. for surface protection of exposed soils; and Plans for re- vegetation of disturbed areas. Likewise, all contractors would be required to develop a Site Safety and Health Plan in accordance with EPA, Occupational Safety and Health Administration (OSHA), National Institute of Occupational Safety and Health (NIOSH), and American Council of Government Industrial Hygienists (ACGIH) standards. All requirements would be adhered to during construction of the Project. Air Quality Mitigation during Construction The following are typical mitigation measures that would be taken to minimize the potential negative effects of construction activities may have on air duality, as appropriate: During Site Preparation: Cover unpaved construction roads with crushed stone; - Limit vehicular paths and stabilize temporary roads; - Use watering trucks to minimize dust; Minimize land disturbance; - Cover tracks when hauling; soil; - Use windbreaks to prevent any accidental dust pollution; and Stabilize dirt piles that are not removed immediately. Canal side Project -- SEQRA Findings Page 42 of 49 � o During Construction - Minimize unnecessary vehicular activities; - Cover haul trucks when transferring materials; and - Use dust suppressants on non -paved travel paths. s Post - Construction: " - Remove unused material; and --- Re- vegetate disturbed land which remains undeveloped, Noise Mitigation during Construction ECHDC, through contract documents /specifications, will ensure that all contractors comply with Chapter 2934(1) of the City of Buffalo Noise Code, and EPA emission standards for construction equipment. These regulations require: Construction material be handled and transported in such a manner as not to create unnecessary noise; 40 Except _under very special circumstances, construction activities be limited to weekdays, between the hours of 7 am and 9 pm; and Certain classifications of construction equipment and motor vehicles meet specified noise emission standards. Construction Coordination with Buffalo Skyway /ThruivayMaintenance/Operations ECHDC, through contract documents /specifications, will ensure that all construction activities would be coordinated with NYSDOT and NYSTA to ensure the continued integrity and access to Skyway and Thruway piers. All NYSDOT and NYSTA Temporary Occupancy /Use and Highway Work Permits would be secured, as required, in advance of any occupancy of NYSDOT or NYSTA lands and start of construction activities. Utilities ECHDC, through contract documents/specifications and on -going construction management activities, will ensure that all necessary utilities to buildings in and adjacent to the Project Area would be maintained during construction. In the event of planned temporary disruptions, ECHDC will require contractors to provide advance notification to building owners and tenants of the date and duration of planned-service disruptions. WorkerlSite ,safety ECHDC, through contract documents /specifications and on -going construction management activities, will minimize risk to ' construction personnel by requiring the development and compliance with established Site Safety and Health Plans as applicable, and fully complying with required Occupational, Safety and Health Administration, NYSDOT, New York State Labor Law and City of Buffalo regulations. The public will be protected from exposure to such dangers through the use of secure construction sites with authorized access only. Canal Side Project — SEQRA, Findings Page 43 of 49 �. Marine Drive Apartment Residents: Construction Period Parking and Other Measures Parking for the residents of the Marine Drive apartment complex on the Commercial Slip Parking Garage site would be temporarily displaced during garage construction. ECHDC will consult with both the Marine Drive apartment complex residents and BMHA management to identify temporary solutions for the provision of convenient, safe parking. It is expected that temporary parking at one or several locations would be chosen. Short-term temporary parking for residents has been identified across Erie Street at the Waterfiont Village Complex parking lots, owned by the City of Buffalo Urban Renewal Agency. This location is being reviewed given the adjacency of the lot as well as the off-peak availability. Other locations would be in privately -owned lots along Perry Boulevard, Pearl Street, and possibly along the reconstructed Cobblestone Streets under the Skyway. Special provisions for disabled /handicapped parkers would also be identified. In addition, to mitigate the impacts of the construction of the Commercial Slip Garage upon residents of Marine Drive and surrounding areas, ECHDC would establish a "hot line" for the receipt of complaints regarding construction activities. Hot line information would be distributed to area property owners and tenants in advance of Initial Build Phase I construction and would also be available on the ECHDC website. Complaints received would be investigated and corrective actions devised and implemented, as necessary. A monthly summary of complaints and corrective actions would be filed as information item for the ECHDC Board. In addition, ECHDC would develop regular public information releases regarding planned . construction activities /schedule for the purpose of informing the public about anticipated_ short-term Project Area disruptions. This information would also be made available on the ECDHC website. This information may be conveyed by ECHDC staff through regularly scheduled community meetings, VIII. THRESHOLDS FOR FUTURE ACTIONS Pursuant to SEQRA, agencies may, prepare a GEIS when there is a need to assess a wide variety of impacts at a more conceptual level on a larger geographic area, often including cumulative impacts, rather than project - specific or site - specific EISs. As Project plans move forward, Project changes may occur as the conceptual development plan is developed into final design proposals for the well defined elements, but more likely, for the less defined components. Such changes may specifically include proposed changes to the contemplated development program. The, Project was evaluated utilizing a GEIS to analyze site specific impacts associated with various aspects of the Preferred Alternative as well as more long -term and /or cumulative impacts associated with future phases of Project development. Final designs for less - defined Project components as well as any proposed changes to the more well - defined elements (hereinafter referred to as "Future Project Plans. ") would require further evaluation pursuant to SEQRA. ESDC, as Lead Agency, would be responsible for performing an environmental review on Future Project Plans and must consider Future Project Plans proposed in relation to the FGEIS and ESDC's Final Findings Statement. Upon development of Future Project Plans, ECHDC would work with ESDC to determine if the environmental impacts. associated with .such Future Project Plans have been adequately addressed in the FGEIS and SEQRA Findings Canal Side Project— SEQRA Findhigs Page 44 of 49 I S Statement, taking into account whether the proposal exceeds..any of the thresholds outlined. below. Such a determination must be made before any Future Project Plans are approved. In the event that ESDC determines that: (i) the Future Project Plans would be carried out in conformance with the conditions and thresholds established in below; then no further SEQRA compliance would be required; (ii) the Future Project Plans would be carried out in conformance with the conditions and thresholds established below, but are not addressed or are not adequately addressed in this Statement of Findings, then an amended findings statement must be prepared; (iii) the Future Project Plans are not addressed or are not adequately addressed in the FGEIS for the Project, but the proposal does not exceed any of the thresholds established below, or the proposal does exceed a threshold(s) established in below, but would not result in any significant adverse environmental impacts, then a negative declaration must be prepared; or, (iv) the Future Project Plans are not addressed or are not adequately addressed in the FGEIS for the Project and/or the proposal would exceed one of the thresholds established in below and may have one or more significant adverse environmental impacts, then a supplement to the FGEIS must be prepared. Future Project Plans that exceed any one of the following conditions or thresholds shall not be considered to have been addressed by the FGEIS /Findings Statement and must be evaluated by ECHDC and ESDC to determine whether additional environmental review (e.g., a Supplemental Generic Environmental impact Statement) would be necessary: ® Project programming changes establishing development patterns exceeding the upper limits defined by the High - Density Alternative (e.g., square footages by use, increases in residential units or hotel rooms and /or increases in number of parking spaces); Introduction of land uses into the Project Area that were not identified in Project programming and assessed in this GEIS; Modification to or revision the Design Guidelines. and /or review procedures (e.g., building materials, required design features);. Permancnt znodification/alterations to Buffalo River shoreline protection (i.e., sheet piles); installation of permanent features in the Buffalo River; Installation of marine support facilities (e.g., fuel storage /pumps, pump out stations); Accelerated construction schedules requiring 24/7 and/or weekend construction; ® Street network modifications that would permanently reduce lane capacity within the Project Area; Modifications to Project programming that would increase impervious surfaces and- the potential for storm water runoff; ® Project programming that would directly impact architectural and archaeological resources listed on the S/NRHP that cannot be adequately mitigated; e Modification/alteration to the former street pattern constructed as 'part of the Erie Canal Caual Side Project — SEQRA Findings Page 45 of 49 } Harbor Development Project (i.e., Hanover, Prime, and Lloyd Streets) from that approved in 2009; Improvements in the vicinity of the Skyway and the Thruway structures that have the potential to impact the structural integrity of either structure; and ® Significant changes to Project phasing that create the potential for significant adverse impacts not previously evaluated. IX. ONGOING COORDINATION REQUIREMENTS Pursuant to its goal of promoting transparency and public participation in Project development, ECHDC has conducted extensive public coordination activities with project stakeholders, interest groups, other involved and interested agencies, and members of the general public. In particular, following publication of the DGEIS, ECHDC conducted additional meetings with residents of the Marine Drive Apartment Complex (the "Complex ") on anticipated effects of the.proposed Commercial Slip Parking Garage component of the Project. As the project advances toward final design and construction activities, ECHDC and ESDC will maintain ongoing coordination activities with groups /agencies including but not limited to: Complex residents, on measures to mitigate effects during construction and operation of the Commercial Slip Parking Garage; City of Buffalo agencies (Mayor, Common Council, Planning Board, etc.), on components of the General Project Plan and land transfer /disposition activities; o NYSDOT and the NYSTA, on issues related to coordination of activities in the vicinity of the Buffalo Skyway and I -190; and a Local, State, and Federal regulatory agencies, including, but not limited to City of Buffalo, Erie County, NYSDOT, NYSTA, NYSDEC, OPRHP, U.S. Army Corps of Engineers, etc.), on various permtting and approvals necessary to engage in Project construction activities. X. CERTIFICATION OF FINDINGS Having considered the DGEIS and the FGEIS, including the comments received on the DGEIS and the FGEIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of NYCRR 617.9, ESDC finds and certifies that: 1. The requirements of Article 8 . of the New York State Conservation Law and the implementing regulations of the New York State Department of Environmental Conservation, 6 NYCRR Part 617, have been met; 2. Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the proposed action " will minimize or avoid, to the maximum extent practicable, the adverse environmental effects including the effects Canal side Project— SEQRA, Findings Page 46 of 49 disclosed in the FGEIS and set forth in this Findings Statement; 3. Consistent with the social, economic and other essential considerations described above, the incorporation in the development of this facility of the mitigation measures described in the FGEIS and in this Findings Statement, will minimize or avoid the adverse environmental impacts associated with the development of the project which were identified in the FGEIS and in this Findings Statement; 4. The project is consistent with applicable coastal policies set forth in 19 NYCRR 600.5; and 5. The project is in compliance with Section 14.09 of the State Historic Preservation Act. NYS Urban Development Corporation d /b /a Agency: Empire State Development Corporation Signature of Responsible Officer.. Name /Title of Responsible Officer: VP P l a m fi ; rla Fh yj YDn me'41 d l ; - tvi cz Date: COPIES OF THIS STATEMENT FORWARDED TO: New York State Urban Development Corporation d/b /a Empire State Development Corporation 95 Perry Street Buffalo, NY 14203 Niagara Frontier Transportation Authority IS I Ellicott Street Buffalo, NY 14203 New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 New York State Department of Transportation 100 Seneca Street Buffalo, NY 14203 New York State Office of Parks, Recreation, and Historic Preservation State Historic Preservation. Office Peebles Island -- PO Box 189 Waterfront, NY 12188 -1089 New York State Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 -0001 New York State Thruway Authority Buffalo Division 455 Cayuga Road, Suite 800 Cheektowaga, NY 14225 -0121 New York State Canal Corporation 455 Cayuga Road, Suite 800 Cheektowaga, NY 14225 -1309 New York State Office of General Services Corning Tower, 41 st Floor Empire State Plaza Albany, NY 12242 Canal Side Project — SEQRA fludings Page 47 of 49 COPIES OF THIS STATEMENT FORWARDED TO: New York State Urban Development Corporation d/b /a Empire State Development Corporation 95 Perry Street Buffalo, NY 14203 Niagara Frontier Transportation Authority IS I Ellicott Street Buffalo, NY 14203 New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 New York State Department of Transportation 100 Seneca Street Buffalo, NY 14203 New York State Office of Parks, Recreation, and Historic Preservation State Historic Preservation. Office Peebles Island -- PO Box 189 Waterfront, NY 12188 -1089 New York State Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 -0001 New York State Thruway Authority Buffalo Division 455 Cayuga Road, Suite 800 Cheektowaga, NY 14225 -0121 New York State Canal Corporation 455 Cayuga Road, Suite 800 Cheektowaga, NY 14225 -1309 New York State Office of General Services Corning Tower, 41 st Floor Empire State Plaza Albany, NY 12242 Canal side Project -- SEQRA Findings Page 48 of 49 New York Power Authority 123 Main Street White Plains, NY 10601 Eric County Legislature 92 Franklin Street, 4th Floor Buffalo, NY 14202 Erie County Department of Planning & Environment Edward A. Rath County Office Building 95 Franklin Street, 10th Floor Buffalo, NY 14202 Erie County Department of Health Edward A. Rath County Office Building 95 Franklin Street Buffalo, NY 14202 Erie County Fiscal Stability Authority 295 Main Street, Room 946 Buffalo, NY 14203 Han. Mayor Byron W. Brown City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Common Council City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 City of Buffalo Department of Economic Development, Inspections & Pen 324 City Hall 65 Niagara Square Buffalo, NY 14202 Canal Side Project - SEQRA Findings Page 49 of 49 City of Buffalo Department of Public 'Works, Streets and Parks 501 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Preservation Board c/o Michele Brorek 901 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Fiscal Stab ility'Autllority Market Arcade Building, Suite 400 617 Main Street Buffalo, NY 14203 -1485 Buffalo Urban Renewal Agency 920 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Water Board 281 Exchange Street Buffalo, NY 14204 Buffalo Sewer Authority 1038 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Municipal Housing Authority 300 Perry Street Buffalo, NY 14204 Doc ## 01- 2350221.3 00 MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 m FAX: (716) 851 -4294 E -mail: mkearns @city- buffalo.corn May 18, 2010 U.S. Dept. of Housing and Urban Development Buffalo Field Office Lafayette Court, 2nd Floor 465 Main Street Buffalo, NY 14203 -1780 9 CHAIRMAN FINANCE TRANSPORTATION WATERFRONT DEVELOPMENT COMMITTEES BUDGET BURA CIVIL SERVICE CLAIMS LEGISLATIVE ASSISTANTS MARTHA-ANN MURPHY KELLY M.KRUG RUSSELL C, WEAVER ATTN: Stephen Banko, Field Office Director; Nancy A. Peacock, Field Director for Community Planning and Development Ron Sims, Deputy Director CC: Rep. Louise Slaughter Re: 'y Current Status of Findings and Concerns identified by HUD's Office of Community Planning & Development in their Community ]Development Block Grant ( "CDBG ") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates: Phase 1 .. June 116 - July 2, 2008; Phase 2 August 25 — September 11, 2008). We are writing to you as a follow up to our discussions on December 11, 2009 with Deputy Director Sims and other representatives from HUD, Congresswoman Louise Slaughter, and representatives from Mayor Byron Brown's Administration regarding Findings and Concerns identified within the Community Development Block Grant ( "CDBG ") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates: Phase 1 - June 16 -- July 2, 2008; Phase 2 - August 25 — September 11, 2008). As you may recall, the main topic of discussion at this meeting was the nature of the various Findings and Concerns identified by your agency and what progress, if any, had been made by the City to address these issues. During these discussions, City Administration officials acknowledged the need to correct some issues relating to the cited Findings and Concerns, while disputing the accuracy and /or severity of other issues cited within the Report. Prior to the scheduling of this meeting by Congresswoman Slaughter, the Common Council had received virtually no cooperation from either your agency or the City Administration in our attempts to obtain basic information relating to the Monitoring Report. In essence; the Common Council was denied access to critical information relating to a time- sensitive budgetary matter that appeared before us for consideration, and we were placed in the position of having to vote upon millions of dollars in Yr. 36 (2010 -2011) CDBG funding without the information necessary to ensure that this funding would be used wisely and in our constituent's best interests. 'For the People " s - While initially encouraged by the frank discussions which took place once we were finally able to arrange a meeting, we are concerned that over the last five months the Common Council has received no new information from either your agency or the City Administration relating to this matter. Once again, we find ourselves as a body being asked to consider a budget, to wit the City's Annual Budget, without access to information that we should have to ensure prudent fiscal decision making. The Common Council is being asked by the City Administration, as part of this budget review, to consider the substantial restructuring of the operations and funding of several city and city - affiliated governmental units that are directly involved in the administration of CDBG funding and connected with the bindings and Concerns identified within the Monitoring Report. While we appreciate your agency's desire to utilize the City Administration as a point of contact for Monitoring Report related inquiries and concerns, the utter lack of transparency which has characterized the handling of this matter is completely unacceptable and has done the taxpayers of the City of Buffalo a serious disservice. Particularly disturbing is the fact that we, as duly elected representatives of the taxpayers of the City of Buffalo, are for the second time being placed in the position of having to take a critical vote that involves millions dollars in funding without the requisite knowledge to make an informed and prudent decision. For the above stated reasons, we respectfully request that a representative of HUD be made available immediately to discuss with the undersigned, or Common Council as a body, the progress that has been made by the City to address the Findings and Concerns cited in the referenced Monitoring Report and ensure that prudent fiscal decisions are being made on behalf of City of Buffalo residents. If you have any questions concerning this matter or would like to arrange a meeting, please contact the undersigned at 716 -851 -5169. /- / W MICHAEL P. FjV liCs J ARNS South District Council Member Finance Committee Chairman cj�i, DAVID A. RIVERA Niagara District Council Member Common Council President Pro Tempore MICHAEL .I, ®CURT® Delaware District Council Member P ( AVID A. FRANCZVK illmorc District Council Member Common Council President RICHARD A. FONTANA Lovejoy District Council Member Common Council Majority Leader 00061 Tbe �Suffd Common Council MICHAEL e LoCURT DELAwARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY HALL BUFFALO, NY 14202 -3318 ['HONE: (716) 851 -5155 0 FAX: (716) £331 -4553 E -mail; 1"i0corto @city- buffa1o.corn LEGISLA'fM A SSISTANTS TS PAUL ALAGNA BRADIry 1E, HAMM May 20, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 e: LED sign at 1225 Hertel Avenue Dear Mr. Chwalinski: teal ComMUNITY or:VILOPMENT CQPAPx4d7 -Ur- L €cisLATioN FINANCE BUDGET t3A111?S BURA Please file the attached item for further discussion at the next Common. Council session to be held May 25, 2010. Thank you in advance for your assistance in this matter: Sincerely, e MICHAEL J. LoCURTO Delaware District Councilrnember RE RRE TO THE COMM ON LEGISLAXI Working for T - "ring for Tomorrow Dear Mike, I lived for several years at 1157 Hertel Avenue. I know the building at 1225 Hertel where the proposed LED sign would be. I shopped several times a weep at Norm's Deli located on the ground floor of the building. Sammy's and Sunshines (both gone now) were other favorites. The Zoning Code (511-104 A 2) disallows illuminated signs as proposed for excellent reasons. Hertel Avenue is not Las Vegas, Times Square, or Clifton Hill in Niagara Falls, Ontario. New York State Zoning law (Article 5 -A, Section 81) is very specific as to when variances may be granted by a city. In this case the criteria have not been met and therefore there is no reason to allow a variance. According to New York State law (see below) "competent financial evidence" must be provided showing that "the applicant cannot realize a reasonable return ". No evidence has been shown that the owner makes no profit; most likely because the building is profitable without a flashing billboard sign. The applicant could show some hardship if the flashing sign is not allowed — if there was any hardship. The only hardship would be the inability to make more money by selling advertising space on the sign. But the New York State zoning laws were not written to maximize a property owners profits but to balance the needs of the entire community. Hertel Avenue is a vital community for both residents and businesses and seems to be improving every day. Exciting new restaurants and businesses open on Hertel Avenue and they don't seem to require LED billboards. New York zoning law allows variances if granting the variance "will not alter the essential character of the neighborhood ". The proposed billboard is unlike any other sign on Hertel Avenue. The sign is proposed for the West face of the building. Across Traymore Street is a two story building with apartments above the first floor stores. Asides from the variance needed for the sign, the light from the sign would violate §51187.1 (Lighting affecting neighboring property) See below. In addition to disallowing the sign because would not comply with the City Chanter there are other common sense reasons to not allow such a sign. Drivers are already too distracted. Drivers drink, eat, apply make -up, talk on their phone, text, watch movies, check their hair... Recently there was a report in the New York Times (3/l/1 0) that discussed the issue of driver distraction from digital roadside billboards. No study is needed. Anyone who drives and has seen a sign that has changing text or graphics knows that it catches your attention. That's the point! That's why a building owner will pay tens of thousands of dollars for such signs. The visual bombardment we encounter while driving is enough without another compelling distraction. Our species and other species most likely evolved to detect motion as a defense for survival. We need to be wary of a large animal moving in the forest, a rock falling from a cliff, a tree limb falling in our path. The ability to detect those moving distractions have allowed us to survive. But we haven't evolved enough to deal well with multiple inputs. Recent studies have concluded that no matter how much a person believes they can multi- task, they cannot. People think they can read the newspaper and listen to the radio and absorb both equally well — but they can't. People think they can text and drive at the same time -- but they can't. People think they can drive safely and watch changing signs — but they can't. Often enough people can't even avoid an avoidable accident -- because simple driving is not so simple. Why would we want to distract drivers any more than they already are? Driving thirty miles per hour in two tons of steel is lethal enough. Better that a driver is paying attention to a car stopping short in front of them or paying attention to a child darting into the street than waiting to see what's advertised next on the changing sign. Daniel Sack Buffalo charter: No artificial lighting shall be installed, modified, or operated in connection with commercial, industrial, or residential property in such a manner as will increase the amount of light, measured in lumens, entering any facing windows of contiguous property used for residential purposes or such property separated by a street..." Now York State Zoning lava (Article 5 -A, Setion 81) 3. Use variances. (a) The board of appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein. (b) No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appear that for each and every permitted use under the zoning regulations for the particular district where the property is located: (i) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (ii) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (ii) the requested use variance, if granted, will not alter the essential character of the neighborhood; and (iv) the alleged hardship has not been self-created. Dear Councilmember LoCurto, As a member of the North Buffalo GNPA from 2001 to 2007 and co-author of the 2004 North Buffalo Planning Communit y Draft Neighborhood Plan, there are several sections of that document that are in opposition to the proposed TV billboard for the building at Traymore and Hertel. On pages 58 and 59 in the Land Use section, the following is mentioned: Issue Building and building site signage and billboards are poorly regulated, unsightly and are eroding neighborhood character. Telecommunications towers are also poorly regulated, unsightly and are eroding neighborhood character. Overall, the proliferation of poor signage, billboards and telecommunications towers reduce the desirability of the planning community and have the potential to lower property values. Objective Restrict inappropriate signage and telecommunications. towers by revising and incorporating strict standards within zoning codes. LU -23: Control building and building site signage. Revise si na a standards to ensure building signage is compatible with older buildings. Signs with direct or indirect lighting should be encouraged and internally illuminated or backlit signs should be strongly discouraged. Pole signs should be prohibited in all areas in favor of ground signs. Emphasize the following areas: Hertel Avenue Delaware Avenue Elmwood Avenue Kenmore Avenue g Main Street Colvin Avenue (near Kenmore and at former rail right -of- -way Parkside (near Russell) See UD -1. Partners: OSP, ZBA, Planning Board, Common Council, business associations Timeframe: Short term LU -24: Strictly regulate size and location of billboards. Billboards are poorly regulated and should be restricted as much as possible within commercial and residential areas. Restrict billboards in the following areas: • Residential areas • Hertel Avenue • Delaware Avenue • Elmwood Avenue • Kenmore Avenue • Main Street ® Colvin Avenue ® Parkside Avenue Partners: OSP, ZBA, Planning Board, Common Council, business associations Timeframe: Short term On pages 93 and 94 of the Economic Development section the following is mentioned: Issue Inviting streetscapes are necessary to create vibrant commercial districts. Attractive storefronts, window displays, parking areas, signs, sidewalks, streetlights, and landscaping help promote commercial districts and generate new customers. Providing linkages between potential customers and businesses is also an important aspect of commercial district revitalization. 04jective Create attractive streetscapes, enhance individual buildings and sites tlu °ough the establishment of design standards and build high quality mixed -use buildings. Provide adequate parking and transportation linkages to businesses. Recommended Actions ED -8: Create, implement and promote Design Standards for buildings and storefronts. Develop written Design Standards (supplemented with graphics /visual aids) for individual projects in commercial areas to enhance the aesthetic quality of the built environment. Design Standards should be promoted to convince property /business owners that quality storefront design would unify the commercial street and increase business. See UD-I. Partners: OSP, Planning Board, ZBA, Common Council, business associations, block clubs Timeframe: Short term The 2004 North Buffalo Community Plan does not support billboard expansion nor signage that is visually distracting. Hertel is not Chippewa and should not be treated as such. The Community Plan addresses the fact that North Buffalo is a residential neighborhood with a business strip that is built to primarily serve local residents. Elements that detract from the larger neighborhood are discouraged. Bill Parke in the Office of Strategic Planning has custody of the most recent version of the 2094 North Buffalo Community Plan. if there are any questions or comments, please contact me at your earliest convenience. Thank you. Sincerely, Matt Panasiewicz Counciimcmber LOCurt® From: Kate Pan [panaska a@yahoo,com] Seat: Thursday, April 22, 2010 6:20 PM To: Councilmember LoCurto Subject: bad addition to Hertel business /residential area Dear Council Member LOCurto: I am a concerned Hertel Avenue patron and I understand that the City Grocery at Traymore and Hertel has gotten permission to install a TV billboard like the one at Chippewa and Delaware on the side of their building. It doesn't tit in at all with the character of Hertel or the surrounding residential neighborhood. This isn't a bar district like Chippewa surrounded by hotels and offices, it's local stores aimed at a surrounding residential population. If the building owner wants to generate additional income the surrounding community would be better served if the City Grocery owner used a regular billboard like the one across the street from the City Grocery building. Can you imagine an extraordinarily large TV sign, reminiscent of Times Square on Hertel Avenue? I feel that allowing the TV billboard would detract from the quiet residential neighborhoods. Kathleen Panasiewicz Page 1 of 1 Councilmember LoCurto From: al labruna lF_labruna @yahoo.coml Sent: Thursday, April 29, 2010 10:15 PM To: Councilmember LoCurto Cc: Mayor; Councilmember Golombek Subject: LED Billboard Al LaBruna North Park Community Association 154 Norwalk Ave Buffalo, NY April 28, 2010 Hon. Councilmember LoCurto: The North Park Community Association was greatly disappointed by the Planning Board's recent approval of the proposed LED billboard located at 1225 Hertel Ave. LED billboards (or additional billboards in general) are not appropriate within this business and residential corridor. Such signage and would diminish and cheapen the neighborhood's view shed, and potential negatively impact the surrounding area's property values. We respectfully urge the Common Council to reject this application. Unfortunately, issues like these are likely to reappear Until a cohesive and thorough planning and zoning document is adopted. 1 hope this provides some incentive to enact standards like the ones outlined in the 2004 North _Buffalo _Planning_Commu Dr Plan. Sincerely, Al LaBruna CC: Hon. Mayor B. Brown, Hon. J. Golombek, Jr. 4/30/2010 Page 1 of 1 Councilmember LoCurto From: coco203 @cs.com Sent: Friday, April 30, 2010 10:44 AM To: Councilmember LoCurto Subject: LED sing Mr. councilman LoCurto: Our family is writing in oppostion to the LED BILLB ®RD that they are Considering putting on top of the building at the Corner of Traymore & Hertel. That is going to be simply horrible in sight. It will be an unbelievable eyesore for Hertel & also a huge eyesore for anyone living in this area. I thought the idea was to go green. How does that sign fit in with anything? the shop is older & the sign too new. What a hazard for drivers ?? How does anyone think that will help our area in Hertel & North Buffalo ?? Regards, Susan & Tom Notaro 4/30 /2010 Page I of I Prom: Matthew Panasiewicz (mpanasiewicz @yahoo.comj Sent: Thursday, April 22, 2010 6:26 PM To: Councilmeber LoCurto Subject: Opposition to the proposed City Grocery TV billboard Dear Councilmember LoCurto, I am writing as a planner and neighborhood resident in opposition of the proposed TV billboard located at the City Grocery on the corner of Hertel and Traymore Avenues. I feel that such a billboard does not fit in with the character of Hertel Avenue nor the surrounding residential neighborhood. Such a device is better on Chippewa where there is no surrounding residential population and the street character is more flashy. Thank you for hearing my voice, Matt Panasiewicz 4/30/20110 City of Buffalo City Hall 65 Niagara Street Buffalo, NY 14202 To Whom It May Concern:: April 29, 2010 Re: Log #18828 . .Public Open Space -- Union Ship Canal 1397 Fuhrmann Blvd. Buffalo Erie County The plans and specifications for the above referenced backflow prevention project have been reviewed and approved by this office subject to the following Conditions of Approval: A. THAT the proposed works be constructed in complete conformity with the plans and specifications approved this day or approved amendments thereto. B. THAT gMconnection made prior to the approved backflow prevention devicc(sj shall mender this approval void C. THAT within 45 days of installation, the following steps must be taken: (1) The approved device(s) must be tested by a NYSDOH certified backflow prevention device tester; (2) The completed installation must be certified by the design engineer, architect or water supplier; and (3) The attached foram DOH 1013 must be completed and returned to the water supplier. D. THAT a NYSDOH certified backflow prevention device tester test the approved backflow.prevention device(s) at least annually and report the results to the water supplier. A copy of the approved plans and specifications is being retained in our files, and the remaining copies are being sent to the local health department, the water supplier and your engineer. If you have any questions, please contact this office at (5 18) 402 -7676. Sincerely, Michael I. Montysko, P.E. Chief, Design Section Bureau of Water Supply Protection MJM /dp cc: Eric County Health Department PB Americas, Inc. Attn. Mr. Tabom City of Buffalo, An. Mr. Halliday RECEIVED AND FILED NEW YORK STATE DEPARTMENT OF HEALTH Report Test bureailof Public Water Supply Pratec lion - Report on and Maintenance Flanigan Square, 547 R €ver Street, Room 400 - - -. Troy, New York 121130 -22113 - of. ack g Iow Prevention Device Please use a separate form for each device, For the year 0 Initial test- Complete entire Corm Annual test - Complete Part Aonly R"'. upply Account No. - ` ` county _ Block Lot . Location of Device Facility Name D.es..cribe. Repaired by repairs and Name .materials. used Lic tt Date repaired: M D Y Date Final test Closed tight Closed tight ❑ Opened at psid m m m Pressure drop across first M D Y check valve psid Water Meter Number Meter Reading Type of Service: (check one) Domestic ® Fire • Other Remarks (Describe daffclencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate augaps, etc.) Certification: This device L..MJ meats, ° tl does NOT meet, the requirements of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. 1 Print Name - Certified Tester No. Signature Expiration Dale Property owrlor5 (or owners agent) certification that test was performed: () Print Name. - Title .Signature - - Telephone Certification that installation is in accordance with the approved plans- (To be completed by the design engineer or architect or water supphor.) 1 hereby certify that this installation is in accordance with the approved plans. Name Title Date NYS.DOH Log #. License Number Phone ( } m d y Representing Describe minor installation changes Address city State Zip Signature NOTE: Send one completed copy to the designalod health department representative and one copy to the water supplier within 39 days of the tesling device. Notify owner and water supplier immediately if device faits test and repairs cannot immediately be made. DOH- 1013(9791) Street City zip Device Manufacturer Type =RPZ Model Size (in inches) Serial Number Information [- -; -PCV Check Valve No.1 `. Cl eckValve Nn 2 Dflferenttal essure Relief Line Pressure psi ;`: Valve Test tl wo Leaked e Closed tight Leaked 0 Closed tight Opened at paid Date repair ; F ssure drop across first check valve M D Y Pd D.es..cribe. Repaired by repairs and Name .materials. used Lic tt Date repaired: M D Y Date Final test Closed tight Closed tight ❑ Opened at psid m m m Pressure drop across first M D Y check valve psid Water Meter Number Meter Reading Type of Service: (check one) Domestic ® Fire • Other Remarks (Describe daffclencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate augaps, etc.) Certification: This device L..MJ meats, ° tl does NOT meet, the requirements of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. 1 Print Name - Certified Tester No. Signature Expiration Dale Property owrlor5 (or owners agent) certification that test was performed: () Print Name. - Title .Signature - - Telephone Certification that installation is in accordance with the approved plans- (To be completed by the design engineer or architect or water supphor.) 1 hereby certify that this installation is in accordance with the approved plans. Name Title Date NYS.DOH Log #. License Number Phone ( } m d y Representing Describe minor installation changes Address city State Zip Signature NOTE: Send one completed copy to the designalod health department representative and one copy to the water supplier within 39 days of the tesling device. Notify owner and water supplier immediately if device faits test and repairs cannot immediately be made. DOH- 1013(9791) - NEW YORK STATE DEPARTMENT OF HEALTH _ Bureau W Public Water Supply Protection ., - Test �,j . on est and Maintenance Report B Flanigan Square, 547 River Street, Room 400 Tray, Now York i2180 -2216 �a of ackf ®w Prevents ®n Device Please use a separate form for each device. For the year _ -- 0 Initial test - Complete entire form 0 Annual test - Complete Pail A only PuRW.,.r ply A ;Count No. County Stock L[s1 Location of Device Facility Name Address Street City Ztp Device Manufacturer Type ORPZ Model Size (in inches) Serial Number Info.rmation (,:-. -p Check Valve No. 3 Check Valve No 2 Differentlai Atessurs Relief Line. Nessure psi halve Tait Leaked Leaked Opened at psid Date before Closed tight Closed tight UJ ED repair Pressure drop across first check valve M D Y psid Dessrlie Repaired by repairs and Name materials used Lie # Date repaired: m M D Y Date Final test Closed tight Closed tight Opened at psid. EEI Pressure drop across first M D Y check valve psid Water Meter Number Meter Reading Type of Service: (check one) ° Domestic a Fire ° Othe . Remarks (Describe deficiencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate airgaps, etc.) Certi ficat ion; This.device U meets, ° LJ does NOT must, the he of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. Print Name - - - - - Certified Tester No. - Signature - - Expiration Hate Property owner (or owners agent) certification that test was performed: Print Name Title Signature Telephone Certification that installation is in accordance with the approved plans. (To be completed by the design engineer or architect or water supplier.) I he €eby certify that this installation is in accordance with the approved plans. Name Title Date NYS DOH Log # License Number Phone ( ) m d y Representing Describe minor installation changes Address City State Zip Signature NOTE Send one completed copy to the designated health depadment representative and one copy to the water supptier within 36 days of the tesling device. Notify awner and water supplier immediately if device fails test and repairs cannot immediately be grade- f3C3N -19 f3(8191) STATE OF NEW YORK DEPARTMENT OF HEALTH Flanigan Square 547 River Street Troy, New York 12180 -2216 Richard F. Dames, M.D. Co mmissioner April 29, 2010 City of Buffalo City Hall 65 Niagara Street Buffalo, NY 14202 James W. Clyne, Jr. Executive Deputy Commissioner Re: Lag #18827 Public Open Space — Union Ship Canal 1801 & 1836 Euhrmann Blvd. Buffalo Erie County To Whom It May Concern:: The plans and specifications for the above referenced backflow prevention project have been reviewed and approved by this office subject to the following Conditions of Approval: A. THAT the proposed works be constructed in complete conformity with the plans and specifications approved this day or approved amendments thereto. B. THAT ay, connection made prior to the approved .backflow prevention device(s) shall render this approval void C. THAT within 45 days of installation, the following steps must be taken: (1) The approved device(s) must be tested by a NYSDOH certified backflow prevention device tester; (2) The completed installation must be certified by the design engineer, architect or water supplier; and (3) The attached form DOH 1013 must be completed and returned to the water supplier. D. THAT a NYSDOH certified backflow prevention device tester test the approved backflow prevention device(s) at least annually and report the results to the water supplier. A copy of the approved plans and specifications is being retained in our tiles, and the remaining copies are being sent to the local health department, the water supplier and your engineer. If you have any questions, please contact this office at (518) 402 -7676. Michael J. Montysko F.E. Chief, Design Section Bureau of Water Supply Protection MJM/dp cc: Erie County Health Department PB Americas, Inc. Attn. Mr. Taboni City of Buffalo, Aun. Mr. Halliday RECEIVED AND FIL �0 NEW YORK STATE DEPARTMENT OF HEALTH Test - Btlrea 6o Pubft Water Supply Proteclmn epo ,,,,} t on If est avid Maintenance Flanigan Square, 547 River Street, Room 400 - ? 1 - Troy, NewYOrk 92180 -2246 - - of - Backflow Preve ntion Device }" For the year Please use a separate form for each device. — ---- © Initial test - Complete entire form 0 Annuat test - Complete fart A only Public late, Supply Account No, County Block Lot Location of Device Facility Name Address Street City Zip Device Manufacturer Type =RPZ Model Size (in inches) Serial Number Information [�CV Check Valve Na. 4 ,Check Valve No,-2 Dlffererttiaf !?tesstire. Reftef Line-Rressure ust Tar# Leaked Leaked bBfore Closed tight Closed tight repair Pressure drop across first check valve psid Opened at. psis€ Bate M D Y Mater Meter Number I Meter Reading Type of Service: (check one) • Domestic • Fire • Other Remarks (Describe deficiencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate airgaps, etc.) Certification: This device 11 meets, • does NOT meet, the requirements of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. Print Name Certified Taster No. - Signature Expirapon Dale - Property owners (or owners agent) certification that test was performed: Prinl Name - Title _ Signature Telephone - Certification that installation is in accordance with the approved plans. (To he completed by the design engineer or architect or water supplier.) I hereby certify that this installation is in accordance with the approved plans. Name Title Date NYS DOH Log # License Number Phone { ) m d y Representing Describe minor installation changes Address City State Zip ORe completeo copy to IRe designated health department representative and one Copy to tale water supplier within 3g days of the testing device. Noti owner and water supplier smmediately if device fails test and repairs cannot immediately be made_ DOH- 1013(g191) NEW YORK STATE, DEPARTMENT Or HEALTH BureaAf Public Water Supply Protection Report o n T est_and Maintenance - Hanigan'Square, 647 River Street, Room 400 P reven t ion Tfoy, Now York t2180 -221e of Backflow Device For the year Tease use a separate form for each device © initial test - Compfete entire form 0 Annual test - Complete Part A only Public Water Supply - Account No. - County Block Lot - - Location of Device Facility Name Address Street City Zip Device Manufacturer Type ORPZ Model Size (in inches) Serial Number Information [=PCV Check Valve No. 9 - Check Valve No. 2" b! fferential Riessure Relief LineNreesure psi .:.. Valve Test i3efore : Leaked . Closed tight Leaked Closed tight Opened at psid Date FT m m rape €r '' Pressure drop across first check valve M D Y psid t7escrihe Repaired by repalisiand Name m�teriats used Lic # Date repaired: m m M D Y Final test Closed tight Closed tight ❑ Opened at psid Date m Pressure drop across first M D Y check valve psid Water Meter Number Meter Reading Type of Service: (check one) ° Domestic ° Fire ° Other - Remarks (Describe deficiencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate airgaps, etc.) Certification: This device O meets, ° I i does. NOT meet, the requirements of an acceptable coniainment device at the lime of testing I hereby certify the foregoing data to be correct. 1 Print Narita Certified Tester No . Signature - Expiration Date Property owners (or owners agent) certification that test was performed: Print -Name. Title _- Signature Telephone Certification that installation is in accordance with the approved plans: - [To he completed by the design engineer or architect or water I hereby certify that this installation is in accordance with the approved plans. Name Title Date NY$ DOH Log # License Number Phone ( ; m d y Representing Describe minor installation changes Address City State Zip Signature NOTE: Send one completed copy In the desi[ , 1 ' eallh department represenfalive and one copy to the water supplier within 30 days of the testing device. Notify owner and water supplier immediately d tlevica fails lest and repairs cannot immediately be made, OOH- 1013(9191) NEW YORK STATE DEPARTMENT OF HEALTH Test p� F Bureau 'bf Public Water Supply Protection Deport on est and Maintenance Flanigan Square, 547 River Street, Room 400 - ® Troy, Now York V180.2216 - of. auk low.P�revention Dev Please use a separate form for each device. For the year F - - -- — 0 Initial test - Complete entire form Annual test - Complete Part R only RP-toc'-wupply Accoupl:No. Enty Block Lot Location of Device Facility Name Address Street city Zip Device Manufacturer Type =RPZ Model Size (in inches) Serial Number Information E:DDCV Remarks (Describe deficiencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate airgaps, etc.) Ce€tificaliow This device L_1 meets, ' does NOT meet, the requirements of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. Print Name Certified Tester No... - - .Signature Expiration Dale Property owners (or owners agent) certification that test was performed: Print Name Title Signature Telephone Certification that installation is in accordance with the approved plans. (To be completed by the design engineer or architect or water supplier.). - I hereby certify that this installation is in accordance with the approved plans. Name Title Date NYS DOH Lag # License Number Phone ( ) m d y Representing Describe minor installation changes Address City State Zip Signature N end one completed copy to the designated health department representative and one copy to The water supplier within 9 days o the turfing device. Notify owner and water supplier immediately if device fails lest and repairs cannot immediately be made. DDH- to 13(9f91) Valve Teat Leaked e Leaked Opened at psid Daio betpre Closed tight Closed tight m Pressure drop across first check valve M C) Y psid Dose lb Repaired by repaff's dnd Name materials Used Lie # Date. repaired: M D Y hlnal test Glosed tight Closed tight Opened at psid Date m Pressure drop across first M D Y check valve psid Water Meter Number Meter Reading Type of Service: (check one) ° Domestic ° Fire a Other Remarks (Describe deficiencies: bypasses, outlets before the device, connections between the device and point of entry, missing or inadequate airgaps, etc.) Ce€tificaliow This device L_1 meets, ' does NOT meet, the requirements of an acceptable containment device at the time of testing I hereby certify the foregoing data to be correct. Print Name Certified Tester No... - - .Signature Expiration Dale Property owners (or owners agent) certification that test was performed: Print Name Title Signature Telephone Certification that installation is in accordance with the approved plans. (To be completed by the design engineer or architect or water supplier.). - I hereby certify that this installation is in accordance with the approved plans. Name Title Date NYS DOH Lag # License Number Phone ( ) m d y Representing Describe minor installation changes Address City State Zip Signature N end one completed copy to the designated health department representative and one copy to The water supplier within 9 days o the turfing device. Notify owner and water supplier immediately if device fails lest and repairs cannot immediately be made. DDH- to 13(9f91) 0000 Harter Secrest & Emery LLP ATTORNEYS AND COUNSELORS v: VR HSLLAWV COl l May 14, 2010 HAND DELIVERY City of Buffalo Common Council 1315.City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Urban Renewal Agency 920 City Hall 65 Niagara Square Buffalo, NY 14202 e: Supplement to the Petition to amend the Fruit Belt Urban Renewal Area Boundary to Facilitate Kalcida Health's Proposed Skilled Nursing Beds at Buffalo General Hospital .Dear Ladies and Gentlemen: We are submitting this Supplemental Letter of Intent regarding Kaleida Health's ( "Kaleida ") and Site E, LLC `s (collectively the "Applicants ") Petition to amend the boundary of the Fruit Belt Urban Renewal Area. As a supplement to the original submission, we are attaching a map which depicts the boundary of the Fruit Belt Urban Renewal Area and the area the Applicants are proposing to have removed to facilitate the proposed Skilled Nursing Facility. Please note that the area to be amended is now a single parcel under the ownership of the Applicants. We appreciate your consideration relative to this matter. Very Truly Yours, 3 f _ i % THE ITS ON' LEGISLATION. MAR :Iks Enclosures TWEI -VF FOUNYAM PLAZA, SUITC 400 BUFFALO, NY 142£72 PHONE: 716.853A616 FAX: 716.853.1617 � � �ROMAESTER, NEW YORK a BUFFALO, NEW YORK - ALBANY, NEW YORK -� NAPLES. FLORIDA �� Harter Secrest & Emery IAA ATTORNEYS AND COUN$ELOKS May 14, 2010 Page 2 cc; Brendan Mehaffy, Esq. (City of Buffalo, Exec. Dir, of the Office of Strategic Planning ) Timothy Ball, Esq. (City of Buffalo, Asst. Corporation Counsel) Scott C. Billman, Esq. (General Counsel for the Buffalo Urban Renewal Agency) Robert Bragg (Kaleida Health) Michael Ball (Buffalo Niagara Medical Campus) J y g;t . Fruit Belt Neighborhood Development. Program Area ' impacted Chan enewa Area by. prop ®sed Amended Boundary . I r, Ii,7 t� r _' _ t 1r: �7f��1 Itff�/! �1fj�f 1111 � 1� f� "alt# �xr ■.....�. t���aw uG �Oi30 35.00 Feel F Office of Srgc� ^ Planning ,,� Board Lid Use an Z 0 ,� ,. -B.MHA i Wo to EEE uffalo Municipal Housing - 1 t SINCE 1934 ✓. - CD. . r IV I - Exp guttve St aff April 21, 2010 I,, y Dawn E. Sanders Execuiive.Directoi Honorable, Joseph Golornbek, Jr. Modesto c1„dehr;o North District Council Member Assistant Fxecuflv Director 65 Niagara Square, 1502 City Hall . haul W. l4'alf Buffalo, VY 1420)2 -331$ - General Counsel Dear Councilmember Golombek, Thank you for providing my office with a copy of Lower Laird Avenue Block 0:lub's letter regarding the concerns of criminal activities eroding their quality of life. i agree there are some challenges facing the community and as partners of the community having more than two hundred residents residing:at.Shaffer Village we are making great strides to address the issues within our property. The following items represent some of the activity that has occurred to address the issues within Shaffer Village to date: Reopened the Management. Office at Shaffer in December 2008, its closing more the 15 years ago contributed to some of the criminal activity. Changed management staff at Shaffer to improve the relationship between residents and staff. We have had 4.sweeps by the Buffalo Police Department resulting in several dozen arrests since the reassignment of new manager one year ago. e Two coordinated raids involving BPD, ATF, FBI and US Marshall resulting in additional arrest during the same time period. Regular patrols through Shaffer Village and surrounding neighborhood, the new Property Manager meets with Precinct d staff on a regular basis. Manager has conducted 25 criminal or drug related evictions since September 20D9. Staff continues to work with Shaffer Tenant Council to address resident concerns and develop programs for at risk youth. 300 Ferry Street Buffalo, New York. 14204-2299 (716) 855-6711 - (FAX) (716) 355-6761 o (TDD) (716) 655-6725 "BM HA is are Equal Opportunit Action Employer" The following items are planned in the coming months to improve the quality of life for our residents: V Working with Buffalo Police Department to establish a dedicated BPD unit exclusively for BMHA developments. * Expanding the installation of security cameras throughout Shaffer and other housing complexes. Upgrade lighting throughout housing complex. In closing, as we move forward to improve the quality of life for our residents we certainly would appreciate the opportunity to develop a partnership with block dub and community leaders in the Shaffer area. Please feel free to contact me should you require additional assistance. Respectfully, r. Executive Director, Buffalo Municipal Housing Authority FED TO THE COMMITTEE ON LEGISLATION. 617,20 0 0 0 , Append <(� La i A State Environmental Quality Review i LA r-`6 3 FILL ENVIRONMENTAL ASSESSMENT FOR M 0 ie: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may elficant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of ct that am subjective or unmeasurahle. It is also understood that those who determine significance may have little or no formal ;dge of the environment or may not be technically expert in environmental anaiysls. In addition, marry who have knowledge particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and.agencles can be assured that the determination process en orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Components: The full EAF Is comprised of three parts: Part 1: Provides objective data -and information about a given project and its site, By identifying basic project data, it assists a reviewer In-the analysis that takes place 1n Pans 2 and 3. Part 7 on identifying the rye of possible Impacts that may occur from a project or action. It provides guidance as to whether an impact Is likely to be considered small to moderate or whether it is a potentially -large Impact. The form also identifies whether an Impact can be mitigated or reduced. Part 3: If any impact in Part 2 is Identified as potentially- large, then Part 3 is used to evaluate whether or not the impact Is actually important. kit tify the Poftleas of EAF completed for this proms: El Part 1 El Part 2 Dart 3 n review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any Other supporting information, and sldering both the magnitude and importance of each impact, It is reasonably determined by the lead agency that: A. The project will not result in any large and important Impact and, therefore, is one which will not have a slgnificant impact on the environment, therefore a negative declaration will be prepared. EI B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described In PART 3 have been required, therefore a CONDITIONED negative declaration vii be prepared." ID C. The project may result In one or more large and important Impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declarati is only valid for unlisted Actions Buffalo Rivcrfest Park Narrre of Action Name of Lead Agency or Type Name of Responsible Officer in Lead Agency - - Title of Responsible Officer - - -- Srgnature o Prepared if different from responsible © car May 16, 2008 Date Page 1 of 21 61-) This document is designed to assist in determining whether the action proposed may have a significant effect on the rent. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the anfarapproval and maybe subject to further verification and public review. Provide any additional information you believe ceded to complete Parts 2 and 3. ,cted that completion of the full EAl" Will be dependent on information currently available and will not involve new studies, or investigation. If Information requiring such additional work is unavailable, so indicate and specify each instance. Action But3ilo Riverfest Park of Action (include Street Address, Municipality and County) St=� City of Buffislo, New York. `ApplicentfSponsor Valley Community Associati ©n as above Slate Zip Code s Telephone Ion of Action: ato Associates has ree tly been cor i�ssssioned by the Valley Community Association to design and oversee the construction of ffalo RiverFest Pa& on the City's waterfront" This park facility will provide public aceess opportunities to the region's residents titors. The designs objective is to create a link between the Buffalo Harbor waterways and the emerging Cobblestone District. It is that the design will. encourage area boaters is use flds parr as a destination point and alloy them to explore the City's water and ised attractions. T to achieve this goal the design relies heavily on the site's 550 foot riverfiont, Provision for all types of watercraft will be d, from canoes to cabin cruisers, all will he welcome to clack at RiverFest Park If visitors choose to arrive by bike or on foot, Lys will connect to existing greenway routes in the neighborhood. once on the scene a public activity center will Douse a variety of es and attractions. Aside from the usual restroom and snack bar offerings the RiverFest Pavilion will host small and medium size 'vents featuring local. artists. Flistorical interp redve displays highlighting the Buffalo River's rich industrial heritage will also be a d f mctioan ofthe pavilion, tin use of atal laud form dens tree lantirn and indict the intended bucolic setting should be ideal for a small family picnic or church's lawnfete. the site is small by city aim), with careful design and site p annin — g e a ey - 'don believes that like their other community facilities and programs a large positive impact can be enjoyed. Page 2 of 21 Complete Each Question—In N . A . if n ot ap rtal acreage of project area: 2.59 acres. 'PROXIMATE ACREAGE PRESENTLY AFTER COMPLETION sdow or Brushland (Non-agricultural) 2.00 acres 2.00 acres res�eca acres acres Ocultural (Includes orchards, cropland, pasture, etc.) acres acres 9tland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Ater Surface Area 0.S acres 0 59 acres vegetated (Rock, earth or fill) — acres acres Ws, buildings and other paved surfaces acres acres ier (indicate type) 2doa- ownedpaxian water riffs 0.50 acres 0.50 acres that Is predominant soil type(s) on project site? Urban Land ([Id) Soli drainage: Weil drained of site Moderately well drained 100 % of site. Poorly drained: —% of site If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the WS Land Classification System? acres (see 1 NYCRR 370). there bedrock outcroppings on project site? 0 yes EJ NO What is depth to bedrock _ ,5_ -A°30- (in met) Voxirrrate percentage of proposed project site with slopes: 1 0-10% 5 a 10- 15% - 15% or greater Rraject substan ccndquous to, or contain a building, site, or district, listed on the State or National Realsters of 't"st oric Places? - .. - yes NO— What is the depth of the water table? 8 Ch feet) Is site located over a primary, principal, or sole source aquifer? yes No Do hunting, fishing or shell fishing opportunities presently exist In the project area? Dyes yes M No Wage 3 of 21 Coo project site contain any species of plant or animal life that Is ldentlRed as threatened or endangered? LJYes No eccordlno to; Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, ether geological ' yus ®. No De scribe; Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes No If 'Does the present site Include scenic Views known to be important to the community? 11yes 1rearns within or contiguous to project area: HtMo River b. Size (in acres): Page 4of21 �g site served by existing public utilities? ® Yes 13No if YES, does sufficient capacity exist to allow connection? Yes No If YEs, will improvements be necessary to allow connection? Yes No site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and J�e p4? Yes No `- the site located In or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, ` d 6. NYCRR 6177 Yes ®. No the site ever been used for the disposal of solid or hazardous wastes? Description Yes sisal dimensions and scale of project (fill in dimensions as appropriate). Total contiguous acreage owned or controlled by project sponsor: 1 acres. project acreage to be developed: 2.00 acres initially, 2.00 acres ultimately. Project acreage to remain undeveloped: 0.59 acres. Length of project, In miles: NA (If appropriate) If the project is an expansion, indicate percent of expansion proposed. NA % Number of off- street parking spaces existing 0 ; proposed 37 Maximum vehicular trips generated per hour; NA (upon completion of project)? If residential: Number and type of housing units: One Family Two Family Multiple Family Initially - 0 0 - -- 0 BE condominium 0 Ultimately - - 0 0 - 0 0 Dimensions (in feet) of largest proposed structure: 30 height, 40 width, - -- 60 length. Linear feet of frontage along a public thoroughfare project will occupy Is? " 628.75 ft- . 3 1 W much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons /cubic yards. ill disturbed areas be reclaimed [Eyes No NIA If yes, for what intended purpose Is the site being reclaimed? Re contouring and terming OandscapioO - -, -- -- -- - - - -l- — VVIII upper subsoil he stockpiled for reclamation? [ E Yes No I many acres of vegetation (trees, shrubs, ground covers) will be removed from site:? 0 acres. Page! 5 of 21 s. w , Ill an y mature forest (over 100 years old) or other locally - important vegetation be removed by this project? Yes No single phase project: Anticipated period of construction: 24 months (including demolition) - If rnelti•phased: a• Total number of phases. anticipated (number) h Anticipated date of commencement phase 1: month year, (including demolition) c Approximate completion date of final phase: month year. d. is phase 1 functionally dependent on subsequent phases? LJ Yes E No g, Will blasting occur during construction? Yes No g, Number of jobs generated: during construction 10 ; after project is complete 1 1p, fiber cif jobs eliminated by this project 0 11, will project require relocation of any projects or facilitles? _ . Yes No if yes, explain: 42. is surface liquid waste disposal involved? [E yes 0 No a. If yes, indicate type of waste (sewage, Industrial, etc) and amount 2y oil - about 20 gal1yeaar h. Name of water body into which effluent will be discharged none (private disposal) 13. Is subsurface liquid waste disposal Involved? - Yes E No Type 14. Will surface area of an existing water Grady Increase or decrease by proposal? 0 Yes No If yes, explain: 15• Is Project or any portion of project located in a 100 year flood plain? Yes No 1 6. Will the project generate solid waste? E] Yes 0 No a• if yes, what is the amount per month? 0.25 tans b. If yes, - will 'an solid waste facility used? E Yes - No • yes, q ve nartte atv o o � muruc�n ` sa . � - - -- --- - - -_.� __-- __-- - - -_._ -- d. Will any wastes not go Into a sewage disposal system or into a sanitary landfill? ®Yes No Page 6 of 21 e. l explain. 17, Will the project involve the disposal of solid waste? Yes No a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? years. ia. Will project use herbicides or pesticides? Yes 1E No 19. Will project routinely produce odors (more than one hour per day)? []Yes NO 20. Will project produce operating noise exceeding the local ambient noise levels? Yes 51 No 2l, Will project result in an increase in energy use? M Yes No If yes, indicate type(s) 1. Electricity for night -time lighting 2. Operation of building (electricity, HVAC, and other mechanical systems) 22. If water supply Is from wells, indicate pumping capacity I!TA gallons/minute. 23. Total anticipated water usage per [fay Ifl9 gallonstday, 24. hoes project involve Local, State or Federal funding? F1 Yes No If yes, explain: Grants $400,000 State Dormitory Authority $225,000 NYS Canal Corporation $325,000 NYS Department of State - EPF —X8", 00 - Lmulptreha s $ 50,000 Land purchase Page 7 of 21 Approvals Required: Type Submittal gate city, Town, Village Board Yes No Board Yes No City of Buffalo City, Town, Village Planning .- Zoning Board El Yes ® No exempt � Watexiront Special_ City, Town Review E Yes No Me County Dealth Dept, City, County Health Department : Other Local Agencies El Yes El No ;Other Regional Agencies Yes No - Yes Na NYSD C/Army Carps of ::State Agencies En&eers NYSDOS Coastal Zone ML ;' "Federal Byes No NYSDEC /Army Carps of Agencies Rugin Zoning and Planning Information j �. Does pro action Involve a piano ng or z decision Zoning amendment Zoning variance New /revision of master plan ElSubdivislon Site plan Special use permit Resource management plan 0 Other Page 8 of 21 Is the proposed action consistent with the recommended uses in a d o pt e d local land use plans? G3 Yes r4o If the proposed action Is the subdivision of land, how many lots are proposed? NA a. What is the minimum lot size proposed? Page 9 of 21 Will proposed action require any authorizatlon(s) for the formation of sewer or water districts? Yes No 0v Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 0yes No a. if yes, is existing capacity sufficient to handle projected demand? Yes No Will the proposed action result in the generation of traffic significantly above present levels? Yes ® No a. if yes, is the existing road netwo[k adequate to handle the additional traffic, Yes No Informational Detags Attach any additional information as may be needed to clarify your project. if More are or may be any adverse impacts Wated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. verifcalion I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Buffalo ftiverfest Park LLC Signature Date / "Title Margaret Cverdorf- Riverfest Park Executive Director action is in the Coastal Area, and you ate a state agency, complete the Coastal Assessment Form befam proceeding with this REFERRED TO THE COMMITTEE TE ON COMMUNITY DEVELOPMENT, Page 10 of 21 FamstlerIM May 25, 2010 usm G. Lamartina, Owner, Use 739 Elmwood for a Sit in Restaurant With a Sidewalk Cafe (hrg 6/1 )(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD !fit' C IFFICE OF THE CITY CLERK GER ALD A. CHWALINSKI City Clerk- - Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statis v 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851-4845 This is to acknowledge that 1 have been informed as to the time and place for the public hearing regarding: Ln to be held in the Council Chamber, 13th Floor, City Hall On: 6 AT 2 :00 PM I am also informed that this is the only no at the p 'tioner and or owner will receive, and that if I a not the owner or petitio r, will inform id owner, petitioner or his/her agent of the above. Na � yA- 0' Date ' 10 . ATTENTION: o Owner) # q,2. -( a A3' r l PLEASE ALSO CONTACT BILL GRILL® PRINCIPAL PLANNED 851 -5086 FOR PLANNING BOARD MEETING. 5 5 lei 0 City of Buffalo CC Building Application E 65 Niagara Square :Buffalo, 'NY 14202 i (71 6)851 -4949 Fax (716)851 -5472 E -- ReportDate oslzofzolo 92:p4 PM Submitted By FLD Page 1 A/P # 154434 . Date/ Time BY Date /Time BY .. Processed 05120/2010 12:03 DIGEF Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # pages 0 Calculated Valuation . 0.00 Prionly N Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name * "PLANS /ASBESTOS SURVEYIENGINEERINGICOMMON COUNCIL APPROVAL (511 -56 D.(1)IRESTRICTED USE PERMIT (511 -55) REQUIRED * ** TO CONVERT A STORE AND REAR APARTMENT TO A SIT -IN RESTUARANT WITH SIDEWALK CAFE IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT. PUBLIC HEARINGIFEE REQUIRED. Parent A/P # Project # . Project/Phase Name Phase.# SizelArea Size Description Address 739 ELMWOOA BUFFALO NY 14222 - Location Contact ID AC336283 Name GARY LAMARTINA Marling Address 111 WINDSOR AVE Organization City BUFFALO State/Province NY ZIP/PC 14209 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/16/2010 Contact ID AC336284 Name KELLY LAMARTINA Mailing Address 111 WINDSOR AVE Organization City BUFFALO State/Province NY ZIP /PC 14209 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/16/2010 Contact ID AC1250049 Name LEONARD CHERYL ZACCAGNINO Marling Address 5125 LEXOR LN Organization City CLARENCE State/Province NY Z IP /PC 14031 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 ❑ Foreign To ❑ Foreign To [❑ Foreign To 05/06/2007 City of Buffalo T GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 05120/2010 1Z04 PM Su bmitted By FLD Page 2 Contact ID AC705977 Mailing Address 5125 LEXOR LN City CLARENCE ZIPIPC 14031 Day Phone (716)435 -6412 x Fax Occupant N From Contact ID AC52678 Mailing Address City 19 BEL AIR COURT ZfRIPC 14068 Day Phone Fax Occupant N From Name LEONARD & CHERYL ZACCAGNINO Organization State/Province NY Country USA Foreign Evening Phone (716)741 -9533 x Mobile # To Owner Y From 01/09/2001 To 05106/2007 Name CHERYL ZACCAGNINO,LEONARD D & Organization State/Province GETZVILLE, NEW YORK Country ❑ Foreign Evening Phone Mobile # To Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application 1003000001051000 No Parcels are linked to this No Applicant Contacts 999999 HIM AC125720 TO BE BID Check Fees APPLICATION FEE ($50.00) GC PLAN REVIEW - ASSEMBLY ($87.00) GC PMT, INSP, C OF O FEE - ASSEMBLY ($87.00) GC PMT,INSP,C OF O - INITIAL FEE ($$200.00) Check Inspections Check Reviews 507242 ASB ASBESTOS SURVEY COMPLETED? 507237 BCODEREV BUILDING CODE REVIEW 507238 CC APP COMMON COUNCIL APPROVAL REQ'D Fees Failed Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete Incomplete 3 ` City of Buffalo 3 65 Niagara Square 1 Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 05/2012010 12:04 PM Submitted By FL© GC Building Application age 3 507241 ELECTRICAL PLAN REVIEW REQ'D Incomplete 507236 ENGINEER ENCROACHMENT OVER CITY ROW? Incomplete 507239 FPLAN FIRE PREVENTION PLAN REVtEWREQ Incomplete 507240 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Failed MD MULTI- DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 APPLICATION FEE U GC PLAN REVIEW - ASSEMBLY U GC PMT, INSP, C OF O FEE - ASSEMBLY U GC PMT,INSP,C OF O - INITIAL FEE U IBM_ 11 Total Unpaid 424.00 are no inspections for this Report 507242 ASB 0 N 051201201012:03 507237 BCODEREV 0 N 051201201012:03 507238 CC APP 0 N 05/20/2010 12:03 507241 ELECTRICAL 0 N 05/20/2010 12:03 507236 ENGINEER 0 N 05/20/201012:03 507239 FPLAN 0 N 0612W2010 12:03 507240 PPLAN 0 N 051201201012:03 Detail. 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Date/Tfine 05/20/2010 12:03 Comments No Comments Cit of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4849 Fax (716)851 -5472 Report Date 05120/2 ©1012:04 PM Sub By FLD Page 4 PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval city survey (cony) ❑ Subdivisions Permit Office IM Asbestos Survey ❑ Asbestos Abatement Special events Q Bond /Certified check E) Assessment Combination City Engineering Gammon Council ❑ Admin Office /Apts R4 insurances Check ❑ Public Works approval E) curb Cuts E) Beauty Parlor R2 Notarized Permission/ Not for portable sign one year Encroachment ❑ Canopy /Marquee ROW Lease showing Use 0 Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerMater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition p ❑ Telecom munication ❑ Street Guts ❑ Portable Sign in ROW 0 Simple Plan Approval Q Tree over 4" at 4` GrtyPlanning ® Restricted Use Permit � Other (j Zoning/Use Check Q Thruway Sign approval ❑ Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance C] Urban Renewal ❑ S.E.Q.R.A, ❑Preservation District ❑ N:1 =.P.A. E) Contiguous Check city Survey Q Address Permit Lacy Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain Q Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Comments No Comments Modified By DIGEF Modified Datefl 051201201012:03 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 Eleetrlcal Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review 0 Fire Code Review MD N Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mutt. 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 DIGEF 051201201012;03 c City of Buffalo 65 Niagara Square •Buffalo, NY 94202 (716) 851 -4949 Fax(716)851 -5472 GC Building Application R eporf Date .05/20/201012:04 PM Submitted By FL© Page 5 L s3 ✓1= I C OF cLE ?4QdLr_eL TWIN VN � woj6r t D.ip'F.�. PAW. � Cp>�C I. Cf'Y QIQj'P. o.�o•I.S. 2.C�j 5. �t f eaa I (,3 Q✓ LIH f5 /d r. t X91 G F`RCiN1� r 1 a 5. � ~.pSvY `rya• o P gy © . `., � � � 1�a.')'✓ � � ? `z U �1 � q � S � C s.3o' £ w Q �ILUr�1C� Z�� ( ��a.r�s IA 0.35'wYbF� alo' Q -2 r ,s rI„50, .a ..d M � � x 9 � 5 � f L s3 ✓1= I C OF cLE VN A�NOV LOCAVON Glr-( Oe 1- eJffALO (00K)T -eF OF Ef21e- > ETA j E \/ Oft rC RCALK. I IN. 20 FT. NUSSBAUMiE R & CLARKE xlNO D ATE FO R Joe No. INC. y�rzWC -( 2.25 -�Cv SHbIJ bp,elJ - p oR�k� 5zsr€!a 0 _ N o N OR R O I�E5U ddb•( �)' 5 - Ob - 5HAW -* 5HAW - AVQQt JEY5 AT LAW " io 20 $56v L RwI7 - .. IIUFFALO. N. Y. 1421D 0006 C. McCaffery, Owner, Use 2550 Delaware for a Frccstanding Sign (no pub hrg )(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �S - / 4 - f 0 A ll NAME OF AGEN O E ADDRESS PROTECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE 'WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. s //c //c O c" ��� CA city of'uffalo 65 0 gara Square Buffalo, NY 14202 (716)651 -4949 Fax(716)851 -5472 Rep ort Date 05/10/2010 11:48 AM C � &A Submitted By DAVI D .G RUNDY SIGNS wilding Application f,IW €. Pag 1 AIP # 153995 Shoes Date / Time By Date I Time By Processed 05110/2010 11:48 GRUND Temp COO Issued COO Final Expires rmation Il3atinn BUFFALO NY 14216- 4685.00 Type of Work # Plans 0 Declared Valuation Dept of Commerce # Pages 0 E Calculated Valuation 0:00 Priority Auto Reviews Biil Group FINE j Actual Valuation It 0.00 , Square Footage 0.00 Marne City BUFFALO State /Province NY . ZIPIPC 14216 Country USA a Foreign. n of Wnek Cfll1lC1L AF'F�Rf)�!AL:RI C11J1F21 D,,SEGTION 3$7 19 FQR. A F21E7A[+IfING Slf. {!j? )IJ3I it 114INCU1RE ERECT A GROUND SIGN TO THE FRONT OF A LOT FOR MEDICAL OFFICES. DRAWINGS REQUIRED. Occupant N From To ! Contact ID AC272200 Name INC. PLAZA ONE GROUP Parent AIP # Organization City BUFFALO Project # ProjectlPhase Name i Phase # Country USA Size /Area Size Description Day Phone Everting Phone Address 2550 DELAWARE BUFFALO NY 14216- { Location �3YV�rer'ett� tat- - - _ w Contact I AC15703 Name NORWOOD, FRANK L`& W Mailing :Address 2550 DELAWARE AVE Organization City BUFFALO State /Province NY . ZIPIPC 14216 Country USA a Foreign. Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC272200 Name INC. PLAZA ONE GROUP Mailing Address 1207 DELAWARE AVE Organization City BUFFALO StatelProvince NY i ZIPIPC 14209 Country USA ❑ Foreign Day Phone Everting Phone Fax Mobile # Occupant N From To owner Y From 03/11/2004 To I Contact ID AC1213147 Nance PLAZA ONE GROUP, INC. Mailing Address 1207 DELAWARE Organization PLAZA ONE GROUP City BUFFALO State /Province NY ZIPIPC 14209 Country USA ❑ Foreign Day Phone (716)681 -6879 x Evening Phone F Mobile # Occupant N From To Owner Y . From 02122/2005 To 05106/2007 City of Buffalo 65 Niagara Square Buffalo, NY 34202 (716)851.4949 Fax(716)851 -5472 Repnrt Date 051'! 0!2010 91:48 AM .. •: a s Submitted By DAVID GRUNDY Page 2 Contact ID AC1109240 Name PLAZA ONE GROUP,INC Mailing Address 1207 DELAWARE AVE City BUFFALO ZIPIPC 14209 Day Phone Fax Occupant N From To Contact 10 AC773646 Name PLAZA ONE GROUP,INC Mailing Address 2558 DELAWARE AVE city BUFFALO ZIP /PC 14216 Day Phone Fax Occupant N From To No Addresses are linked to this Application Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 0612112002 To 0510612007 Organization StateiProvince NY Country USA Q Foreign Evening Phone Mobile # Owner Y From 1011812001 To 45/06/2007 No Addresses are linked to this Application I 0784700004002100 No Parcels are linked to this Application No Applicant Contacts 505816 SBU AC8004 MIKE ULRICH Check Fees APPLICATION FEE ($25:00) SIGN PERMIT FEE ($56.00) Check Inspections Check Reviews Check Conditions Check Alert Conditions Check Licenses SBU Fees Failed Unpaid Unpaid Inspections Successful Reviews Successful Conditions Successful Alert Conditions Successful Valid License(s) License Valid C4 of Buffalo SIGNS Building Application j 65 mama €a Square Buffalo, NY 14k2 � (716)851 -4949 Fax (716)651-5472 f Report Date 051101201011:48 AM S By DAVID G RUN DY Page 3 City of Buffalo 65. Niagara Square Buffalo, NY 14202 (716)851 -4945 Fax(716)851 -5472 l Report Date 05/10/2010 11:48 AM Submitted By DAVID GFtUNDY Page 4 .I Cl�shorr�er Locci�on ; (� F WA e5gn�r file (�am� re I Due to differences in monifois sodpnnters, ca - see may Vary from §- / Ptndv& r a P/F Lit Ground. Sign D Illumi nated d G -'I d 7 don <S *W DESGNPROPOSAL !STORFMA#VPROPERTYOFULMCHgGNCO. tgVT& APPROVED & ACCFPTFO7hRtI PURCHASE'BYNAMFO CfffNT, UL InePOela¢ on¢ €a in C446Sd Sa CE WI tfL s Sid m for a€"trlc signs ITMIJad UnMg UL flatod parts anc nikSh6tl9 P{ ifi3tAfAl1a11 IA LISTE ((�� T p� LI STED ffiLGplCilAG9 Wilh lhf Nal�OttS1 E€cc ;dc Cacn. Fl ,aza Gro 2550 ,#&I,�ware A. Poehmer RETE Due to differences in manllars andprnis s c A- YOU sae mvy vary from 6na/pmducl. D/F Lit Groun,l 5ion rON D, '" yp�py gg�j pq 'N5 DESl GNPROP05ALl STOMEMAWPRQPEl7YYOP'U41I10i$YGN CO uLfnaP- ewO- 4wnWldb i Ill G roun d SigB! ONTI APPROVED & ACCEP7EDrHRuP URCNASE6YlVAMEDCIIE'NT. � bccowoncewtutalandnre 00017 1 041 10U SIrAS ibSlLf:ed d&!ap llE ilglatl part and m ""n "1-l" In is LISTER mceordunta wlln :dn NO::anal .. Emcirlc Godb. fEy1 4't w tF n w wm 13Ai fw�m Aff 173: fun rf t` C{"fxn Rw PAY m MEW 6f hq ow-v w 0.63 -. r aJs - 0 ° . 041 16 ova - wr w.w 72' wli?f:. y�o 5CUTKR Y UNE OF AVERY AVENUE BRICK & COIdC. ;trelOt BLOCK MGM COVER 741 L s. BUILDING I�Lac.• nta' 0 E 106.77' oioc. asp& ot �E COVER . 741 1 a W s P 11wA! gTOP`, ' ULM, cai w 8 TOP OIL. b ) BRICK & CONCRETE a� � t 93sH 6ttTG, y ea 64OCK ®UILDINO FRAME 3,12N { a -{ (A GARAGE 6,47 1.47V1, 279N., - ' VA on _war ). wo mn .� g4 r U ►. to I STEEL QQ 1 SUt3L.OT m ° � UTit31Y t pOL6 5 1.4Yt 6 €acKtop^ CCYEIi 926 4.Rt1 111 � � / � 1 t v I ?5G A_ �° � COYER 92G 1 59 t � f-Q•= '"."s '"' COYER 926 f t 'SUBLOT' RW V6DENIF7G OF DEfAV AYENUr a L°� 5214,'P --415 L-4267- g0'f;to BS'sp 1 -081, P- -945 4it7.q - t VtSTERLY oFlafzy-w E4t,Rai 16�.1�' �) 0A HARTWELL X 411[7 'E) 1--: ( KA.. OLIVE STREET) SAS u c, F 0 $f ,ii OF NFW YOfRK f °a H{.SHIP . - RANGE 8 t3tiA4 L4Y3 1. 2 is 6 , 0. A. 1tE+ns�l � t7AIE: DEC 16, 2004 JOS No,: 04 -28676 - rA q�-+v r4afa: a3,.sssf;� ts�s picnyS pi's d:srq alt 6a 5'�dk Ps wty �i �-74N �SCySr six, . #� s� twr r S EM 1 OT� - 11!1111111 111 Is �1111111111� i f Appt Deputy Comm of PW, Parks and Streets for Parks & Recreation (Robb)(Exempt)(PW) Ccp #33, 05/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Civil Service 0000 r: Notices of Appointments- Temp /Prov /Perm Ccp #53, 05/11 Mrs. Russell moved That the above item be the same and hereby is Received and Piled ADOPT Recommended by the Committee on Civil Service r FINANCE 00071 Grant Agreement — Buffalo River Greenway — Phase I Buffalo Riiverfest Park (Item No. 9, C.C.P., May 11, 2010) That the Mayor be, and he hereby is authorized on behalf of the City to enter into a Grant Agreement with the New York State Department of State for acceptance of $390,100.00 funding for Phase 1 of.the "Buffalo River Greenway Project" and that the Common Council authorizes the Mayor and/or appropriate staff to execute and process such additional documentation, which is satisfactory to the Corporation Counsel's office, as shall be necessary to facilitate the grant funding. Passed. Recommended by the Committee on Finance Chairman TAB.nnv tAwp6O\msivordVmv19c5 -13 c.doc * AYE *NO* FONTANA FRANCZYK * * GOL®I EK * * S * KEARNS * * x * LOCURTO * RIVERA * RUSSELL * SMITH * Maj ® 5 * * * * * x 2/3- b 3/4- 7 '" ` Change in Contract — City Court 2007 Renovation — Job #0704 (Item No. 20, C.C.P., May 11, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Baron, Hovey, Nardini & Tries, a decrease in the amount of $24,960.00, as more fully described in the above communication, for work relating to City Court, 2007 Renovation, Jab #0704, C #92011240. Funds for this project are to be credited to 39320806.445100 - Buildings. Passed Recommended by the Committee on Financt TAB:nnv TAwp6©1n�or&:rmvMc5- 11c.doc Chairman *AYE NO FONTANA FRANCZYK GOLOMBEK BAYNES KEARN LOCURTO RIVE RUSSELL SMITH Mai -5 2 /3- 6 # 3/4- 7 '" �` 000 P. Brown — Request to Purchase Old Computer (Item No. 54, C.C.P., May 11, 20 10) That the Directors of MIS and Purchase be, and they hereby are authorized to accept $30.00 from Phyllis R. Brown for the purchase of a computer, Serial ##BFX -DD 177 and Tag ##051.972. Passed Recommended by the Committee on Finance :�J� Chairman TAB:rmv T:\wp6OVuswor&:rmv154c5- 11c.doc r� * AYE NO FONTANA * FRANCZYK * GOLOMBEK * HALES KEARNS LOCURTO RIVERA RUSSELL SMITH Ma j - 5 9 2/3- 6 3/4- 7 00074 6�y K. Hapke — Request to Purchase Old Computer (Item No. 64, C.C.P., May 1 1, 2010) That the Directors of MIS and Purchase be, and they hereby are authorized to accept $30.00 from Kim Hapke for the purchase of a computer, Serial ##BFX- 22128. Passed Recommended by the Committee on Financ Chairman TAB:nnv T:1wp60\mswordN:rmv%4c5 -1 lc.doc AY NO FONTANA FRANCZYK x GOLOEK YNES ]KEARNS LOCTO RMIZA RUSSELL SMITH M ® 5 9 213- 6 3/4- 7 000 7 ' tf, , Delinquent COB Occupancy Tax Ccp #58, 05111 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee an Finance 000 r 9 ,� City of Buffalo Water Board Agreement with Veolia Water North America (Item No. 58, C.C.P., Apr. 27, 20 10) That the Common Council approve th ana; a a r Board lia Water h Am i be, anV he he Ay is au rizo execute the meat Agreement 1 Mort YRst, LLC Recommended by the Committee on Finance Chairman tAwp60\msword\rmv\5 Sc4- 27c.doc lk� C _ Mr, Kearns moved that the above item be recommitted to the Committee on Finance ®0077 M. Kearns - Olmsted Conservancy Parks Agreement Cop #31, 04/13 Mr. Kearns moved That the above item be the same and hereby is Received and Piled ADOPT Recommended by the Committee on Finance 00075 Second Quarter Gap Sheet 2009 -2010 (Compt) Ccp #3, 0312 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance 0 Q Second Quarter Gap 2009 -2010 (A &F) Ccp# 18, 0312 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance 0 008 0 ., Bflo Water Bd -Basic Financial Ststements Y/E 6/30/2009(Compt) Ccp #13, 02/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance 00081 9D Bflo Municipal Water Finance Auth -Basic Financial Statements Y/E 6/30/2009 (Comps) Ccp# 14, 02116 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance /1 00082 M. Kearns- Article Water Rates Ccp #38, 0212 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance J ' 5 O. McFoy -Water Ratepayer Bill of Rights( #84, 7122) Ccp #72, 03131 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT Recommended by the Committee on Finance ��' ,�� � ": �� r .,: a No 84 Approval to Waive Certain Conditions in Land Disposition Agreement -Oak Street Redevelopment Project NYR- 197 - Langston Hughes Institute Inc. -- Redeveloper 33 High, 963 and 969 Washington St (Item No 110,ccp, May 11, 2010 That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. , Chairman A public hearing has been set., before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Fontana seconded. by Mr. Haynes, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances --- Mr. Hill, Rita Robinson, Peggy Agagh, Betty Jean Grant, Barbara Dennis, Eva Doyle, Dawn Wells, Solomon Sr., Leslie Haynes, Mary Amajama, Dr. Haynes, Jr. Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Smith Iffilt 000¢ Approval to Waive Certain Conditions in Land Disposition Agreement — Oak Street Redevelopment Project NYR -197 — Langston Hughes Institute, Inc. — Redeveloper 33 High, 963 and 969 Washington Street (Item. No. 110, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That after a public hearing on May 18, 2010, the conditions of the Land Disposition Agreement that require improvements to the parking lot owned by Langston Hughes Institute, Inc. are hereby waived in order to facilitate the transfer of the real property; and That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate said waiver. Passed Recommended by the Committee on Community Development C Irman TAB:rmv tAwOO\ mswordVmv11100 -11 %dm *AYE NO FONTANA FR.ANCZYK GOLOIEK HAYNE KEARNS LOCUR.TO RWERA RUSSELL SAUTH . � aj m 5 , 213- 5 3/4- 7 '� 00085 Approval to Waive Certain Conditions in Land Disposition Agreement — Oak Street Redevelopment Project NYR 197 — Langston Hughes institute, Inc. — Redeveloper 33 High, 963 and 969 Washington Street (BURA) (Item No. 46, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Community Development CI Tan:rmv t:%wp6NmvvordlrmvA6c5 -1 t c.doc 08G SEAR — Langston Hughes Institute, Inc. --- LDA Waiver (Item No. 47, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without .recommendation. Mr. LoCtlrto moved. That pursuant to the New York State Environmental Quality Review Act (SEQR) Part 617 6NYCRR, Article 8, the Buffalo Urban Renewal Agency's Negative Declaration for the Langston Hughes Institute LDA Waiver for 963 and 969 Washington Street is hereby accepted concurrently adopted by the Common Council. Adopted. 1 0 Recommended b the Committee on Community Development y u ty eve opment Chairman TAB:nnv t Awp6O'umvvordl: nrnv%47c5 e I 1 cAm \A Langston Hughes Institute, Inc. — LDA Waiver (Item No. 107, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved; That the above - mentioned item be and the same is hereby received and filed. Adopted. Recommended by the Committee on Community Development hairman TAB:rmv tAwp60\mswordVrmv\ 107c5 -11 c.doc r� Cam iros-Sustainabi I ity Audits for Responsible honing ( #56, 5111) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community Development Y tY p M, 00089 Camiros -Info Land Use Planning and New Zoning Ordinances (#57,5/11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community Development y h' P E DIM D. Silverstein, Petition to Use 220 Allen Alteration for Existing Restaurant and Create Outdoor Cafe (Item No. 77, C.C.P., May 11, 2010) That after the public hearing before the Committee on Legislation on May 18, 2010, the petition of D. Silverstein owner, for permission to use 220 Allen for a 6' x 6' sidewalk patio to the front of the restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation Cha' an TAB:rmv t:\wp60\imwor&:rm -1 ] e.doa I I)--- xAVE NO FONT ANA FRANCZYK GOLOMBEK x RAYNE KEARNS LOC URTO k TC 9tG 94' RIVERA RUSSELL SfC SMITH 5� 1 ® 5 lV1 2/3- 6 (f IC 400 P. Fadale, Petition to Use 2303 Delaware for a Ground Sign (Item No. 78, C.C.P., May 11, 20 10) That after the petition of P. Fadale, agent, for permission to use 2343 Delaware Avenue for a ground sign to be 6 ft. in height with landscaping at the base, and hereby is approved with conditions as set by the City Planning Board Passed. Recommended by the Committee on Legislation W�VIM Chairman TAB:rmv t:lwp601€mvordl:rmv178c5 -I lc.doc f s { ti� RUSSELL Maj ® 5 ( '� 2/3- 6 j 3/4- 7` FONTANA FRANCZYK GOL®M$ E K HA YNES KEARN ?F Tk 4� LOCURTO sg RIWRA SFik RUSSELL Maj ® 5 ( '� 2/3- 6 j 3/4- 7` Appointment of Commissioner of Fire (Item No. 1, C.C.P., May 11, 2010) That the appointment of Garnell Whitfield, Jr., as the Commissioner of Fire, be and hereby is approved. Passed Recommended by the. Committee on Legislation Chairman TAB:mv\ i:%wp6©lmsword\=v\I -1 lc.doo �`k * AYE *NO* FONTA.NA FRANCZYK GOLOMBEK RU`S KEARNS LOCURTO RIVERA RUSSELL STH Mai g5 Zf3 ® 6 3/4- 7 '� 000 93 Food Store License --- 127 Grant (Item No. 36, C.C.P., May 11, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to William Mackiewicz located at 127 Grant d/b /a Frontier Beverage. Passed Recommended by the Committee on Legislation (:N-,a4wW q t TAS:miv TAwp6©\n wor&nnvi36c5- 1lc.doc MKVJM�. LOCURTO RMRA 00004 ,4 Food Store License —188 Grant (Item No. 37, C.C.P., May 11, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Abdikabir Hassan located at 188 Grant d/b /a Marka Halal Market. Passed Recommended by the Committee on Legislation TABzr ,Y TAwp6O\nmvordVm037e5 -1 lv.doc * AYE NO FONTANA FRANCZ GOLOE flAYNES ARNS L®CT® R WERA RUSSELL S aj - 5 2/3- 6 3/4- 7 �" 0009 Food Store License — 900 Main (Item No. 38, C.C.P., May 11, 2010) That pursuant to Chapter 194 of the City Cade, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to graft a Food Store License to Hann. A1jabri located at 900 Main Street dLhla Rush Hour, Passed Recommended by the Committee on Legislation Chairman TAS:rmv TAwpM mmor&=r 380- 11c.dac �� 1)n x AYE NO * FONTANA FRAN GOLOE HAYNE t KEARN LOCTO y� 3c 3e IMTE �r RUSSELL �r S aj a 5 213- 6 3/4- 7 �` Second Hand Dealer — 1396 Hertel Avenue (Item No. 43, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Anna Kaplan located at 1396 Hertel Avenue d/b /a Sempre Vintage Clothing & Accessories. Passed Recommended by the Committee on Legislation P'4 WC, Chairman TAB:rtnv tAwp60lms%vordlrmv143c5 -1 ie.doc ' �'A * AYE *N®* * FON TANA * FRANCZYK * GOLOMBEK * HAYNES * KEARNS * LOC TO * 1 Mt j LO M. Romanowslti — Kaleida Health. — Petition to Amend Fruit Belt Urban Renewal Area Boundary (Item No. 71, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Connrno Neil her rants t Pe 'tion to d the Fruitbelt Urban Renew4 Area boundary o fa ilitate ale a alth's opos SkkgjNursing Betts at BuffaI6 General ffos tal as or bed in t e above item. Recommended by the Committee on Legislation Chairman TAB:rmv tA%T6OXmwor&mvl7Ic5 -1 Ic.doe W. Golombek moved that the above item be recommitted to the Commifte on ADOPTED Calling for the Creation of a Streets Coordinator (Item No. 116, C.C.P., May 11, 2010) That the Common Council calls for the creation of a new Complete Streets Coordinator, to be shared by the Office of Strategic Planning and the Department of Public Works, whose task will be comprehensive citywide planning, implementation of the City's Complete Streets Policy and regular interaction and reporting to the Bicycle and Pedestrian Advisory Board; and That the City Clerk sends a certified copy of this resolution to the Office of Mayor Byron W. Brown, the Mayor's Office of Strategic Planning, the Department of Public Works, and the Greater Buffalo Niagara Regional Transportation Council. Adopted. Recommended by the Committee on Legislation airman TAB:rrnv tAwp601mswordlrmvi 1160 -11 c.doc to 00090 L. Pleron -Bflo Living Wage Comm [ Reg Ol Pks Consery Exemptions ( #52., � 30) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation t . 00100 A. Coppola - Zoning Board Determination for Purchase of 762 Columbus Pkwy (Nia) (432,5/12) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation i 1 i RESOLUTIONS May 25, 2010 ;, M, By: Councilmember Richard A. Fontana SUBJECT: SET PUBLIC HEARING ABANDONMENT AND SALE. OF CINCINNATI STREET TO BUFFALO RIVERFEST, LLC WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has received a request from Buffalo Riverfest, LLC to purchase Cincinnati Street; and WHEREAS: The abandonment and sale has been submitted to the Common Council for approval, in accordance with Article 27 -5 of the City Charter, pending a Public Hearing; and WHEREAS: Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes requires a five day notice of a public hearing with reference to such change in the official map shall be published at least once in an official publication of said city or in a newspaper of general circulation therein. 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 May 28" 2010. Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 8 "' of June 2010. �L, r FRTA MIO � M By: Mr. Golombek RE: Grant Permission for Buffalo Citybration to Hang a Banner on Elmwood Avenue Whereas: Buffalo Citybration will be holding their 5 annual celebration of Buffalo this year from :tune 2427, 2010; and Whereas: Citybration is a four -day experience designed to showcase the City's many assets, highlight the opportunities here and celebrate Buffalo's many successes; and Whereas: This unique event aims to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region; and Whereas: To encourage residents to participate in the event and to promote this celebration of Buffalo, the committee would like to hang a banner across Elmwood Avenue at Lancaster Avenue; and Whereas: Buffalo Citybration would like to hang the banner from May 27, 2010 until ,Tune 27, 2010; and Whereas: Buffalo Citybration has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of the banner; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo Citybration to hang a banner on Elmwood Avenue at Lancaster Avenue, from May 27, 2010 until June 27, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. 00103 Resolution By: Curtis Haynes, Jr. Subject: Trailblazing Sign in Honor of Cleatrice Sevillian Hinshaw Whereas, Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas, The Common Council has received a request for a Trailblazing Sign to honor Cleatrice Sevillian Hinshaw; and Whereas, Cleatrice Sevillian Hinshaw began her career at Niagara Mohawk as a mail girl, went on to earn a promotion to the position of Customer Service Telephone Supervisor, and upon successful completion of the Management Development Program at the Clarkson College of Technology was named to a management position as Supervisor of the Customer Service Department; and Whereas, Over the course of her career, Cleatrice Sevillian Hinshaw broke down numerous cultural barriers at Niagara Mohawk, becoming the first African American woman to be hired by the company as well as being the first African American Supervisor to retire, and earned recognition on the "Who's Who in America in Niagara Mohawk" list; and Whereas, An honorary sign is desired to commemorate Cleatrice Sevillian Hinshaw as a noteworthy person on Laurel Street between Jefferson Avenue and Main Street in the Ellicott District; and Whereas, A Trailblazing Sign would be an appropriate honor for Cleatrice Sevillian Hinshaw in recognition of her lifetime of service to her community and culturally significant professional achievements. Cleatrice Sevillian Hinshaw continues to serve as a role model to her friends, family and all that have been privileged to know her. Now, Therefore, Be It Resolved, That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signage proclaiming the portion of Laurel Street between Jefferson Avenue and Main Street in the Ellicott District as " CLEATRICE SEVILLIAN HINSHAW WAY ;" and Be It Further Resolved, That the Department of Public Works, Parks and Streets is directed to erect the signs to this effect once all fees associated with the posting of the Trailblazing Signs have been satisfied. � urtis Haynes, Jr. Ellicott District Council Member PASSED ' �r� *A *N®* m t� RIVERA a� RUSSELL S Mai ®5 2/3- 6 3/4- 7 is By: Council Member Michael P. Kearns Re: Discharge Finance Committee from consideration of the following item: "Item 1- Grant Funding Acceptance /Proe Util/Contract App- Housing Corp(Stat Plan)" Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee From further consideration of Item "Item 1- Grant Funding Acceptance/Pr oclUtil /Contract App- Housing Corp(Stat Plan) " and said item is now before the Common Council for its consideration," Council Member Michael P. Kearns South District 6'1�\ *AYE*NO* * FONTA1 A * FRANCZYK * x * COLOEK * BAYN KEARNS * LOCURTO * RIVERA * RUSSELL * '� * SMITH * 00100" By: Mr. Kearns RE: Grant Permission to the Seneca Street Car Show Association to Hang Banner on Seneca Street Whereas: The Seneca Street Car Show Association will be holding their second annual South Buffalo Car Show on August 8, 2010; and Whereas: The car show will take place along Seneca Street and will feature classic and antique cars, as well as music, raffles and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hand and informational banner across Seneca St., at light pole 2131 and 2136; from July 9, 2010 through August 10, 2010; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo Community; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from July 9, 2010 through August 10, 2010; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. MICHAEL P. KEARNS �' . L- 001 RESOLUTION Sponsor: Mr. Kearns Re: Put Civil Service Applications Online and Allow Applications to be Submitted Electronically Whereas: In New York Slate, competitive civil service examinations provide a way to ensure that appointments to municipal public service jobs are based on merit; and Whereas: The Civil Service Department of the City of Buffalo posts announcements for competitive exams and advertises openings through postings at City Hall, community centers and various other public places throughout the city. A list of available jobs is also published on the City of Buffalo homepage; and Whereas: However, the only way to get a civil service application or to apply for an opening is to appear in person at the Civil Service office or by mailing a self addressed and stamped envelope with a written request; and Whereas: Some municipalities, including New York City, Rochester and Eric County, allow candidates to print applications on line. Applicants can simply fill out and file their paperwork online and have it submitted electronically; Whereas: The ability to apply and file applications online would make it easier and more convenient for people applying for civil service employment and likely result in a larger pool of prospective candidates for City of Buffalo job openings; Now, Therefore be it Resolved That: The Common Council of the City of Buffalo requests the Department of Civil Service and MIS to look into putting Civil Service employment applications online, and allowing prospective candidates to apply online; and Be it Further Resolved That: This resolution is referred to the Civil Service Department and MIS for their comments and recommendations; and Be it Finally Resolved That: This item is referred to the appropriate Committee of the Council for further discussion and consideration. AMDPT 1st: & 2nd RESCUME, REMAINDER REFERRED TO CIVIL SERVICE f AWT DIY lil Michael P. Kearns } �. y RESOLUTION Sponsor: Mr. LoCurto Re: Economic Development in the City of Buffalo Whereas: The Common Council of the City of Buffalo is considering a reorganization of the Department of Department of Economic Development, Permit, and Inspection Services, the third reorganization in recent years; and Whereas: In order for the City of Buffalo maintain a healthy business environment and remain competitive at a regional and national level, robust economic development efforts must be pursued; and Whereas: Activities of the Buffalo Economic Renaissance Corporation (BERC) have been suspended;and Whereas: Since the suspension of activities at BERC, council offices have received a number of inquiries from current and prospective business owners asking where they should turn for financial assistance; and Whereas: Recommendations have been solicited from a panel of economic development specialists, and the nature of these recommendations is unclear, as is whether or not they have been followed; Now, Therefore, be it Resolved: That the Common Council of the City of Buffalo be presented with an economic development plan for the City of Buffalo; and Now, Therefore, be it Finally Resolved: That a copy of this communication be sent to the Office of Strategic Planning and the Department of Administration and Finance. 44VII, I;Fof Michael J. L unto ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 5� 04.08 urn 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 mount Zion Church By Councilmember s Russell & 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 Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember ADOPTED L� May 25, 2010 On Tuesday, April 13 ', 2010, the following resolution was unanimously adopted, sponsored by Masten District Council Member Demone A. Smith: Whereas: Mount Zion Church of God Holiness Buffalo was founded in the latter part of 1922 in the home of the late Sister Clara Wofford at 298 South Division Street and officially organized and dedicated by Bishop K H.. Burruss in July of 1923. A tent meeting conducted by Bishop Burruss at William and Pine Streets later that year was followed by a substantial increase in church membership and the renting of a large I' floor hall at 211 William Street, Mount Zion's first pastor was Elder John Darlington of New York City; and Whereas: In the spring of 1928, the church rented an edifice at 44 William Street for a short period of time. The following year, Elder T.C. Francis of the Panama Canal Zone -vas sent by Bishop Burruss to assist with the acquisition and renovation of a new church home. This property, located at 50 Howard Street, would serve as their place of worship for the next 28 years; and Whereas: During the Great _Depression, Era, there were times when the church wak threatened with mortgage foreclosure, but God intervened. The insurance:pr oceeds received as a result of a fire in the church were enough to fund repairs and payoff the: mortgage on the property long before its duedate; and Whereas; Urider.the leadership of the late Elder A.B. Robinson, who served as pastor for approximately eight years until stepprng down due to ©or health, the church began raising money to purchase "rx nechurch sanctuary. On the second Sunday of July 1957 the church moved into their present home at 32 Wk g ove"Avenue; and Whereas: Elder Otis Stephens was named Mount Zion. s next pastor and would serve in "that position for 41 years until his passing on'JTune 13, 1992... Presiding Elder JD. Burruss was appointed pastor by the late Bishop T.P. Burruss :and served in that position until 'the.. time of his passing on November 28,,1996, "Tn 1999, Presiding Elder James C Taylor was appointed pastor of Mount Zion through the .date General Overseer"Priesiding Elder T.R. McBride, The fiollowing"Augtrst, the long standing tradition of true holiness at Mount Zroia ivas continued with the appointment of Theodore Hamilton as pastor through the General Overseer. Presiding FIder T`k and Whereas: Mount Zion will be hosting the 57 "' Ministers' Council of the National Conve of the Churches of God Holiness in Buffalo, New York from Thursday, May 13, 2010 through Sunday, May 16, 2010. This will be the tenth time that the saints. ' in �tiffalo have hosted this most blessed .and highly anticipated event Now, Therefore, Be It Resolved. That the City of Buffalo, NY Common Council acknowledges the great heritage of Mount Zion Church of God Holiness and hereby celebrates with them as they host the 57' Ministers' Council of the National Convention of the Churches of God Holiness. Demone A. Smith Masten District Council Member Bonnie E. Russell University District Council Member 001 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the "City of Buffalo Amy M. Sorrentino ® Kim M. Mecca a Joseph A. LaBarbera ® Scott W. Quider ® Robert Reynolds, Jr. m Emily Trimper i Thomas Aiken TOTAL 7 LY lIO' Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Cleric: 1 ADOPTED ' , 0 Peter Scarcelio Nicholas A. Daloise, Jr. ® John Carrow Linda D. Walker ! Paul Crowley Robert B. Wilson o Matthew W. Barrett Sonn M. Bragg 0 Raymond Whalen Ken Houston ® Mark Blake e Fabiola E. Friot ® William Malczewski ® William M. Nowak a Shannon Bloornquist * Davia A. Distant « Joseph R. O'Neil Ann Marie Sinatra ® Timothy J. Whalen Barbara Banks a Timothy M. Kennedy ® Melanie Shorey = Thomas P. Mancini Fritzgerald Tondreau ® Wayne C. Cashion * Danielle N. Judge- Johnson o Shawn Esford Elizabeth A. Smith 0 John Kennedy Madeline Rodriguez ! Kurt Heffle, Jr. * Mark J. Boyd i Kevin M. Lafferty ® Kathleen A. Byrne ® James A. McLeod ® Lisa Elliott ! Timothy Maggio Ann Marie Mancuso o Glenda Humphrey Kyle J. Kelthy o Angie Gray ® Cinde Steese r Sam Smith ® Mary Anne Nawrocki o Dian E. Cole David C. Buxton ® Ronette Wood Paul E. Thibault ® Lynette Walker ® John F. Otto, Jr. 6 Shawn A. Lavin ® Rachael E. Homewood ® James Giles Justin Steinwandel ® Theresa Smeltzer Jeffrey M. Conrad * Joseph Malczewski 1 ADOPTED ' , UNFINISHED BUSINESS May 25, 2010 00111 K. Frizlen, Owner, Rezone 301,305,311 West Utica for Multi Family Housing, (Nia)(hrg 5/19) Cep# 102,3/17/2009 Ccp# 105, 9811 Mr. Fontana now moves that the above item be Taken from the Table Seconded by r, Y� CARRIED 4 Mr. Fontana now moved to Seconded by ( ADOPTED RECEIVED AND ALE e 1 . _s 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, ,Tune 1, 2010 at 9:45 o'clock A.M, Committee on Finance Tuesday, June 1, at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 1, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 1, 2010 at 2:00 o'clock P.M. Committee on Claims Wednesday, June 2, 2010 at 11:00 o'clock A.M. Special Committees Committee on Education Wednesday, June 2, 2010 at 2 :00 o'clock PM (Public Disclaimer All meetings are subject to chap e and cancellation by the respective Chairmen of Council Committees, In_the event that there is sufficient time gi ven for notification it will be rovided. In addition there ma be meetin s set un whereby the City Clerk's Office is not made aware; therefore unless we receive notice from the respectiv Chairmen, we can only make notification of what we are made aware. 00113 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kos, the Council adjourned at GERALD CHWALINSKI CITY CLERK May 25, 2010 Board of Police and Fire Pension Proceedings #5 Office of the Mayor -201 City Hall May 20, 2010 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May 20, 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3, Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of May 20, 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Does -0. No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.