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HomeMy WebLinkAbout10-0302-0218pp-0223ssCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL e BUFFALO TUESDAY, MARCH 2, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on February 16, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RTVERA RUSSELL SMITH I _______e_____ C MAJ - 51 [ 213 - 6 X3 /4- 7] 'SAYE* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * 0 d -- 1 FROM THE MAYOR Q0.. 3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 98101TINVIN SUBJECT: February 8, 2010 03 -0 Mayor Reappointments - Commission on [: Citizens' Rights and Community Relations PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Article XVI II, Section 20 of the Code of the City of Buffalo, I hereby reappoint the following individuals to serve on the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring January 31, 2013. Chairperson: John Calvin Davis, 471 Emslie Street, Buffalo, New York, 14212 Members: Dana Bobinchek, 26 Groveland Street, Buffalo, New York, 14214 Bill Covington, 1217 Delaware Avenue #606, Buffalo, New York, 14209 I hereby certify that above individuals are fully qualified to serve as members of the Commission on Citizens' Rights and Community Relations. SIGNATURE DEPARTMENT HEAD TITLE: ron , Br n, Mayor Mr. Fontana moved: That the above communication from the Mayor dated February 8, 2010, be received and Filed; and That the reappointments to the Commission on Citizens' Rights and Community Relations Board of John Calvin Davis, Dana Bobinchek and Bill Covington are hereby approved commencing immediately and expiring January 31, 2013, on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed 1 � 1i T:IwpWamvar&tnvll c3 -2mdM * AVE * NO * FONTANA FRANCZYK * GOLOMBEK * HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH Mai - 5 �` � �` � x 2/3- 6 314- 7 00002 TO THE COMMON COUNCIL DATE: February 26, 2010 FROM THE EXECUTIVE DEPARTMENT SUBJECT, Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2011 I am writing to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as last year's one year extension. The current leasing arrangements will expire on March 31, 2010. I have attached the proposed agreement for your review and approval. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term.. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. Given that the current lease arrangements are due to expire on March 31, 2010, I respectfully request that Your Honorable Body approve this one -year extension at your earliest opportunity. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: 4 - 014� REFERREDTO THE COMM ITTEE ON FINANCE. G THIRD AMENDMENT TO STADIUM LEASE AGREEMENT. SUBLEASE AND SECOND SUBLEASE THIS THIRD AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND SUBLEASE (the "Third Amendments") are made as of the day of February, 2010, by and between the CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal place of business at Cite Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York 14202 (the "City "), and BISON BASEBALL, INC., a Delaware corporation duly authorized to do business in the State of New York, having its principal office or place of business at 275 Washington. Street, Buffalo, New York 14203 (the "Bisons "). WTNESSETH: WHEREAS, the City and the Bisons are parties to a certain Bison Baseball, Inc. Stadium Lease Agreement, dated as of February 25, 1986, as amended by a certain Agreement, dated as of October 20, 1993 and as further amended by an Amendment to Stadium Lease Agreement dated as of March 27, 2008 and the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009 (said Bison Baseball, Inc. Stadium Lease Agreement, as so amended, being herein called the "Prime Lease "), pursuant to which Prune Lease the City is leasing to the Bisons the Downtown Stadium (as such term is defined in the Prime Lease) located on property in the City of Buffalo, County of Erie and State of New York and more particularly described in Exhibit A attached to the Prime Lease; and WHEREAS, the Bisons and the City are parties to a certain Sublease, dated as of January 1, 2003 as amended by an .Amendment to Sublease dated as of March 27, 2008 and the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009 (the "Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Sublease), pursuant to which Sublease the Bisons are subleasing to the City the Stadium; and t WHEREAS, the City and the Bisons are parties to a certain Second Sublease, dated as of January 1, 2003 as amended by an Amendment to the Second Sublease dated as of March 27, 2008 and the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009 (the "Second Sublease ", with all capitalized terms not otherwise defined in this .Amendment having the meanings given to such terms in the Second Sublease), pursuant to which Second Sublease the City is subleasing to the Bisons the Stadium; and WHEREAS, the City and the Bisons have agreed to further amend the Prime Lease, the Sublease and Second Sublease so that the terms of the Prime Lease, the Sublease and Second Sublease will be extended for an additional period of one (1) year, in the manner and upon the terms and conditions hereinafter provided; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed by the parties as follows: 1. These Amendments shall be construed with and as part of the Prime Lease, the Sublease and Second Sublease. 2. Notwithstanding any term, covenant or conditions contained in the Prime Lease, the Sublease and /or Second Sublease to the contrary, the language herein shall be given full force and effect. 3. Section 3(a) of the Prime Lease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "The term of this Lease Agreement shall be for a period of twenty -three (23) years, commencing on the first day of April, 1988, and expiring on the 31st day of March, 2011." 4. Effective on and after the Extended Term Commencement Date, Section 2.2 of the Sublease is hereby deleted in its entirety and dre following is hereby inserted in lieu thereof- "2.2. Terre. The term of this Sublease shall commence on the date hereof and shall continue through and including Match 31, 2011 ( "Term "), unless sooner terminated in accordance with the provisions hereof," 5. Effective on and after the Extended Term Commencement Date, Section 3.2 of the Second Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof: "12. Term. The term of this Second Sublease shall commence on the date hereof and shall continue through and including March 31, 2011 {"Term "), unless sooner terminated in accordance with the provisions hereof." 6. The Utility Payment Reimbursement By City provisions in Section 4.4 of the Second Sublease shall also be extended by one (1) year. By way of clarification, it is understood and agreed that the City's obligation under this provision shall not exceed $30,000 in any one year. 7. Paragraph 8 of the Amendment to Second Sublease is amended to replace reference to August 31, 2008 with March 31, 2011. 8. Neither the Bisons not the City are obligated to perform any capital repairs to the Stadium between the date hereof and March 31, 2011. Notwithstanding the foregoing, through Match 31, 2011, the City agrees to work in good faith with the Bisons to provide minor capital and maintenance repairs to the Stadium of a nature substantially similar to the repairs and maintenance provided by the City from April 1, 2008 through the date of these Third Amendments. The parties acknowledge and agree that the Stadium is of an age where it is anticipated that material capital repairs will likely be necessary on an ongoing basis to ensure that the Stadium is fit for its intended purpose and does not pose a safety hazard to the personnel working at the Stadium or the general public attending events, games and functions at the Stadium. Examples of capital repair items of a material nature that may possibly become necessary during the Term of this Agreement are such items as are set forth in the HOK Facility Analysis report commissioned in mid-2008. The revenues at the Stadium are not sufficient to cover the expense of any such items and the City does not have the financial budget to account for such items. Consequently, recognizing that the Stadium constitutes an asset for not only the Western New York area but also New York State, die Bisons have appointed Jonathan A. Dandes and the Honorable Byron W. Brown, the Mayor of the Cite of Buffalo, has appointed as designated representatives to approach the State of New York as soon as practical with respect to funding needed for capital repair items to the extent that they occur between the date of these Amendments and March 31, 2011. 9. Except as modified herein all terms and provisions of the Prime Lease, Sublease and Second Sublease shall remain in full farce and effect. 10. This Amendment shall inure to the benefit of, and shall be binding upon, the City and the Bisons and their respective successors and permitted assigns. IN WITNESS WHEREOF, the City and the Bisons have executed these Amendments as of the day and year first above written. THE CITY OF BUFFKLO BY: Byron W. Brown, Mayor APPROVED AS TO FORM ONLY BISON BASEBALL, INC. Jonathan A. Dandes, President John V. Heffron Assistant Corporation Counsel STATE OF NEW YORK ) COUNTY OF ERIE ) SS: CITY OF BUFFALO } On this day of February, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared i `•'- � personally known to xne, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Mayor of THE CITY OF BUFFALO, the corporation described within instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires: or Notary Public, Erie County, New York My Coni fission expires: STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On this _ day of February, 2010, before me the undersigned, a Notary Public in and for said State, personally appeared JONATHAN A. DANDES, personally kno -,vn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to the that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted as President of BISON BASEBALL, INC., executed the instrument. Notary Public, Laic County, New York My Commission expires: 1� FROM THE COMPTROLLER 00003 #1 (Rev, 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FRONT: DEPARTMENT: DIVISION: SU13JECT: PRIOR COUNCIL REFERENCE: (IF ANY) flows DATE: February 23, 2010 f : 2009-2010 Second Quarter Gap Sheets Report We have reviewed the Administration's 2009 -2010 Second Quarter Gap Sheets Report (Gap Report) and are filing our review and summation as required under the City's Chatter. The Gap Report projects a $190 million surplus for the current year ending June 30, 2010 based on projections for the period January 1, 2010 — June 30, 2010. The anticipated timing of certain receipts and certain expenditures are unknown to my office. As such, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration, Specifically, such lines include taxes (revenue) and police and fire overtime. Based on our analysis of historical information, as applied to balances as reported as of and for the period from July 1, 2009 through December 31, 2009, there are certain revenues and expenditures where our trend analysis is projecting balances significantly different from what is reported in the Gap Report. Such trends, if they continue, will result in an operating deficit for the year ending June 30, 2010. I understand that the timing of such transactions is based on future events and historical trends, while useful in performing a reasonableness test, is not necessarily a fair measure of what is expected to occur in the next six months. As such, our office will be performing a much more detailed analysis of the 3` Quarter Gap Sheets report as this report will provide more complete data. We caution you that changes may still occur over the next six months that could affect fund balance. Department Head Name: Audit & Control Corrintroller Andrew A. SanFiliobo ,h - Title: Comptroller j <- Signature of Department Head: • t.:'�rr REFERRED TO THAEACOMM ON F IN ANCE 0000' Increased Appropriation We, Byron W. Brown, mayor and Andrew A. SanF'ilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $2,000,000 in the estimate for the fiscal year beginning July 1, 2009 is necessary in Public Works, Parks & Streets Capital Outlay to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from the Reserved Fund Balance - Capital Outlay, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to transfer $2,000,000 from the Reserved Fund Balance- Capital Outlay to meet this increased appropriation as detailed below: From: 10700096 -- 397200 Reserved Fund Balance- Capita[ Outlay 2 000 000 To: To meet the increased appropriation as set forth below: 14160007 - 474100 Equipment $1,200,000 14160007 - 474200 Vehicles 800,000 Dated: Buffalo, NY, February 25, 2010 6 i MAYOR .a _j . 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 18, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract 993000461 [: Repair of Streetlight Foundations and Knockdowns Citywide VII [: Group #694 [: South Buffalo Electric, Inc. PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #15 of CCP 2117/09:1 I hereby submit to Your Honorable Body the following change order for the above named project. South Buffalo Electric, Inc. is the company hired to replace street light standards knocked down by vehicles. They also perform a variety of other street lighting work as needed. This increase is necessary for the continuation of replacing knocked down street light standards throughout the remainder of the winter season. The proposed change order represents a 25% increase to the original contract amount. I respectfully certify that this increase to the unit prices approved by the Common Council on 2/17/09 Item #15 is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said 25% increase to contract #93000461. The funds are available in Capital Projects account 30032106445100. Original Contract: $298.986.45 Increase in Contract: $ 74.746.61 Total Contract to Date $373, 733.06 SJS /MGM/kec Cc. Steven J. Stepniak, Commissioner of Public Works Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 1U Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 18, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to South Buffalo Electric, Inc., an increase in the amount of $74,746,61, as more fully described in the alcove communication, for work relating to Repair of Streetlight Foundations and Knockdowns Citywide VH, Group #694, C #93000461. Funds For this project are available in Capital Projects account 30032106 ®445100. Passed 3 TAE:rmv tAWP60\MWOrdVTTnV\3c3- 2a.doc FONTANA * �` FRANCZYK G ®L®MBEK I AYNES x KEARNS LGCURTG RIVERA RUSSELL SMITH Maj A 5 2/3- G 3/4- 7 * '� 00001 41 (Rev. 1/93) SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [ : Purchase of Parks Equipment Department Head Name: Steven J. Stepniak Title: Commissioner of Public Work & S is SIGNATURE OF DEPARTMENT HEAD: SJS /PJM :cam Attachments (2) cc: Susan Gonzalez, Parks Donna Estrich, Budget Kathy Fitzpatrick, Purchasing PRIOR COUNCIL REFERENCE: (IF ANY) [ The department of Public Works, Parks and Streets would like to gratefully request from Your Honorable Body permission to purchase up $2,000,000 in vehicle and turf equipment for the maintenance and operations of the City of Buffalo Parks & Recreational facilities. In the purchase of this equipment, there will be no "take- home" vehicles. It is our expectation that the bids will come under the $2,000,000 threshold. It is our intention to supplement vehicles that may become available from the City of Buffalo impound or that may be purchased used from our standard equipment providers. This equipment will be used by the City of Buffalo Division of Parks employees, as well as employees of the Olmsted Parks Conservancy in accordance with their contract. The monies for this equipment will be available from Account No. 14160007, Capital Outlay. REFERRED TO SHE COMMITTEE ON FINANCE. (cc022510.doc) 1 „ ............ ..:....... .. . ..:...... .. ................. ,..., .., ,,,.,�uantitw.,.,.., ,...,....:.,.,,.. ..., ,, :.. ,...., , total .,... ,...,..,,,....,...,.,,,,., �� Vehicles.,......,.., Pace..,,, � 550 dump truck pick ups 2 wheel dr 3 17,500 52,500 1/2 ton pickups 4wh. 0r. with plow att 4 19894 °4,000 95,576 15 passenger va ns 3 27,000 - 81,000 Eouloment W. Quantity Price '.'w... .. total heavy duty trailer 3 . 5,000 ,...:. 15,000 single axel trailers 7 3,600 25,200 diamond machines "smithcos" 3 20,500 61,500 4" trash pump 1 3,500 3,500 portable generators 3 1,300 3,900 riding mowers single deck "muichers" 4 17,701 70,804 riding mowers single deck "side" 6 17,701 106,206 tri cutters 3 40,639 521,917 high lift john deere 1 140,000 140,000 :gator boom sprayer attach 1 8,000 5,000 tire chains for gators 4 100 400 wheel weights for gators 4 100 400 gators with "v" plows 2 8,272 16,544 Bator hitch receivers 4 100 400 interstate grass cutters 2 52,321 164,642 blowers walk behind 2 1000 2,000 blowers hand held 6 400 2,400 bobcat 1 20,289 20,259 bobcat v plow & blower attach. 1 10,000 10,000 rollpac roller 1 21,300 21,300 1,143,475 BUFFALO OLMSTED PARKS CONSERVANCY 4uutr.!:s I i-ug '. uuu I ft - 1:taUIF'Mt:N I (I no t;onservancy quarries rear state pric#nc ienera luant(t Bid / Cost 1 'EHICLES $80,000 3 $12,437.88 arse Van - Cutaway w/ 32ft Van body 1 $25,998.00 'wo trucks - two wheel drive 2 $22.000.00 $22,000.00 Wo 4X4 Trucks with plow packag 2 $67,196.00 $67,116.001 W 4X4 Rump Trucks with plow package 2 $76,776.00 $76.776.001 wo 2X4 Rump Trucks 2 $60,000.00 $60,000.00 fat bed truck 1 I $40,000.OD $7 'URF EQUIPMENT hree Ford tractors 'ractor attachment - Back Hoe - - 'ractor attachment - Bucket ractor attachment - Beep Tine Aerator ractor attachment - Aerator 1 Split Seeder ractor attachment - Bush Hop attachment iiamond Rakes ive heavy dutv trailers op uresser our Tri -Wing wide area mowers lowers 72" deck a rear discharge wl mulching blades ;uperVac leaf harvester ;rush Hogs - walk behind :lectric golf carts ,thietic field painter - self propelled IOSCAT OR EQUIVALENT obcat 5630 w/ bucket iobcat 5985 w/ bucket Iobcat Attachments Forks Vplow Stump Grinder Chip per Auger Salt Spreader 'orestry Eq )ne dual axle dump truck lucket truck w/ lift hybrid .artle high -lift loader Nipper - large tow behind hump Grinder large tow behind s'olf Maintenance Equipment 3 -- -- f $71.824.501 1 1 $7,963.80 $80,000 3 $12,437.88 1 1 $18,665.00 1 $22,962.76 $3,961.85 1 $2.439.30 2 2 $20,576.00 $20,576.001 5 $23.310.00 $23,310.00 1 _ zilu - . k9b,vu $63,307.961 4 $195.145.80 $195,145.60 4 $78,250.56 $7 1 $16,495.00 2 $4,990.00 $10,295.00 10 $93,773.90 $93,773.901 1 $3,039.11 $3,039.111 1 $7,992.001 2 $52,731.68 $52,731.681 2 $45,650.72 $45,65012 4 $2,112.001 4 4 $30,065.921 >ungard Canopies 1 $5,116.80 1 $7,411.20 $2,004,413.65 1 $3,955.391 4- - $3,914.241 1 1 $25,9961 1 $1843901 1 $80,000 1 $50,000 1 X25,000 1 _125,000 , our Greens Mowers - power steering 4 $90,663.56 $90,663.561 3eens attachment - roller set 1 $4,290.00 $4,290.001 r e ens attachment - verticutter Set 1 $5,007.02 3rens attachment - preens aerator - -- 1 $3,961.85 :airway cutters - rotary 2 $97,160.52 $48.580.261 airway cutters -reel 1 $56,306.09 $56.306.091 Wee Fringe and tee box mowers- tri -wing reel 3 $63,307.961 Wee Rouqh Cutters tri -wing rotary 3 $146.406.751$146,406.75 lttachment - preens aerator 1 $14,455.00 attachment - preens top dresser 9 $10,295.00 attachment - three sprayers 3 $92,207.00 $8,138.00 attachment - Core Harvester 1 $7,992.001 3olf Greens aerator rider 1 $19,025.14 star- A#tar.h ent#Spread - or - -- -- - -- - our Gators - dump bodies 4 $78,840.00 $78,84 >ungard Canopies 6 $3, 111.20 equipment 'Dotal 108 $2,004,413.65 $1,171,594.43 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 18, 2010 0 0 0 ~0 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids (: Bailey Kensington Fire Station [: Traffic Signal & Controls [: Job #1004 University District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on January 26, 2010, and received the following formal sealed Kids for the Bailey Kensington Fire Station, Traffic Signal & Controls, which were publicly opened and read on February 16, 2010. South Buffalo Electric $69,954.70 1250 Broadway, Buffalo, NY Destro & Brothers $72,000.00 419 Ludington, Buffalo, NY O'Connell Electric $84,399.00 830 Phillips, Victor, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that South Buffalo Electric, with a bid of Sixty Nine Thousand Nine Hundred Fifty Four and 70/100 Dollars ($69,954.70) is the lowest responsible bidder in accordance with the plans and specifications. recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 30064806 445100 -- Buildings. 1 s SJS /PJM /DAH /dlg cc: Contract Compliance Office J. Schoilard, Buildings S. Harvey, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 18, 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 the Bailey Kensington Fire Station, Traffic Signal & Controls, to South Buffalo Electric, the lowest responsible bidder, in the amount of $69,954.70. Funds for the project are available in 30064806 445100 m Buildings. Passed. R TAR t:lWOOVmWOrh mv\5o3- 2a.aoc a * AYE *NO* * FONTANA * FRANCZY * .. * G®LGMBEK x HAYNES * ss KEARNS LGCURTG * RIVERA x RUSSELL * SMITH * * * * 2/3- 6 * * x 3/4- 7 f r FROM THE COMMISSIONER OF FIRE #4 (Rev 7 -07) 0 Lf Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointments) or promotion(s). I further certify that the person(s) earned in Schedule "A" have been certified or approved by the Huntan Resources /Civil Service for the Appointment Effective: 02/1612010 in the Department of FIRE Division of FIRE to the Position of FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open-Competitive, Promotional Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Startine Salary): Startine Salary of $ 39,879 LAST JOB TITLE NAME CHASE GRAVER LAST DEPARTMENT DATE ADDRESS 118 RAMONA AV LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX - XX - 7949 LAST JOB TITLE NAME LAVAR JOHNSON LAST DEPARTMENT DATE ADDRESS 93 EARL LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14211 LAST 4 DIGITS OF SSN, XXX• -XX -9237 LAST JOB TITLE NAME MARK RUSSELL LAST DEPARTMENT DATE ADDRESS 49 GOULDING AV LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14208 LAST 4 DIGITS OF SSN. XXX -XX -3651 LAST JOB TITLE NAME JOHN O'NEIL LAST DEPARTMENT DATE ADDRESS 19 OAKHURST LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX - - 6362 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT, 0BJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 6l2010 V `� SIGNATURE OF APPOINTING AUTHORITY; , ,a_�_ <. 0 ( r r ORIGINAL+• 2 COPIES TO: CITY CLERK (ONIBEl±ORE APPOINTMENT DA OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 48- EMPLOYEES) #4- (Rev 7 -07) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I tfansini€ this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been ecrtifted or approved by the Human Resources /Civil Service for the Appointment Effective: 02/16/2010 in the Department of FIRE Division of to the Position of FdRN FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Ellter Starting Salary) : Starting Salary of $ 39,879 LAST JOB TITLE NAME NICHOLAS CASTELLINI LAST DEPARTMENT DATE ADDRESS 79 NORTH PARK AV LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -7347 LAST JOB TITLE NAME JOHN CARROW LAST DEPARTMENT DATE ADDRESS 320 HOLLY LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14206 LAST 4 DIGITS OF SSN, XXX -XX -6908 LAST JOB TITLE NAME TERRANCE TRILLO LAST DEPARTMENT DATE ADDRESS 894 WEST FERRY LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14209 LAST 4 DIGITS OF SSN, XXX -XX -2065 LAST JOB TITLE NAME DARNELL CROCKETT LAST DEPARTMENT DATE ADDRESS 310 EAST DELAVAN LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14208 LAST 4 DIGITS OF SSN, XXX -XX -7533 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2009-127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 2 16t201 _ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) d� Certificate of Appointment I33 compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I 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: 02/16/2010 in the Department of FIRE Division of FIRE to the Position of FIREFIGHTER . Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter StattinR Salarv) : Staftin Salar of $ 39,879 LAST JOB TITLE NAME PATRICK LENS LAST DEPARTMENT DATE ADDRESS 220 TUSCARORA RD LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2262 LAST JOB TITLE NAME JOHN SCHWEIKHARD LAST DEPARTMENT DATE ADDRESS 1020 ABBOTT RD LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -1267 LAST JOB TITLE NAME BRIAN MILLER LAST DEPARTMENT DATE ADDRESS 42 DUNDEE LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -2021 LAST JOB TITLE NAME JEFFREY KANE LAST DEPARTMENT DATE ADDRESS 657 PARKSIDE LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14216 LAST 4 DIGITS OF SSN. XXX-XX -4469 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ, 411001 PROD, ID PERSONNEL REQ. NO 2009127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 16/2010 SIGNATURE OF APPOINTING AUTHORITY: ��n . f � (jJ ` 1.' ORIGINAL + 2 COPIES TO: CITY CLER (ONIBEFORE APPOINTMENT DATE1 OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 98 - EMPLOYEE(S) #4 (Rev 7 -07) Certificate f Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffialo, I transmit this certification of appointnrent(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hurnan Resources/Civil Service for the Appointment Effective: 02/16/2010 in the Department of FIRE Divi8ion of to the Position of FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MINIMUM (Enter Starting Salary) : Starting Salat of LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY $ 39,879 NAME DATE ADDRESS CITY & ZIP IIII•sT.'11 ! ]C 71r " ] Y.9 II�:VA19:.:QIZi3[f 3 JOSEPH GAMBINO 67 IRVING PL BUFFALO, NY 14201 NAME KEVIN LILLIS DATE ADDRESS 53 GUSHING PL CITY & ZIP BUFFALO, NEW YORK 14220 LAST 4 DIGITS OF SSN. XXX -XX -1566 NAME PETER FANTIGROSSI DATE ADDRESS 117 LORING CITY & ZIP BUFFALO, NEW YORK 14208 LAST 4 DIGITS OF SSN. XXX -XX -0609 NAME TIMOTHY BACON DATE ADDRESS 51 ARMIN CITY & ZIP BUFFALO, NEW YORK 14210 LAST 4 DIGITS OF SSN. XXX -XX -7621 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE.: 1 612010 SIGNATURE OF APPOINTING AUTHORITY: J ORIGINAL ¢ 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6-DEPARTMENT #7-DIVISION #8- EMPLOYEE(S) #4, (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or prontotion(s), t 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: 02/16/2010 in the Department of FIRE Division of to the Position of 6110A FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MINIMUM (Enter Startine Salary) : Starti Saiary of $ 39,879 LAST JOB TITLE NAME JACK ALAGNA LAST DEPARTMENT DATE ADDRESS 37 RAND AV LAST SALARY CITY & ZIP BUFFALO, NY 94216 LAST 4 DIGITS OF SSN. XXX -XX -1924 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME ANDREW HEIDINGER DATE ADDRESS 172 ALABAMA ST CITY & ZIP BUFFALO, NEW YORK 94204 LAST 4 DIGITS OF SSN. XXX -XX -8776 NAME DONALD KAWA DATE ADDRESS 47 WHITFIELD CITY & ZIP BUFFALO, NEW YORK 94220 LAST 4 DIGITS OF SSN. XXX -XX -8374 NAME NOEL FLORES DATE ADDRESS 248 PROSPECT AV CITY & ZIP BUFFALO, NEW YORK 14201 LAST DIGITS OF SSN. XXX -XX -9097 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 92132009 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2009 -127 SALARY RANGE OF POSITION PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. 'WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1612010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLE K (6N/BEFORE APPOINTMENT DAT } OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) H4 (Rev 7 -07) Certificate of Appointment 9 In compliance with provisions of Section 24 -2 of the Cbarter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointmen(s) or promotion(s). 1 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: 02/1612010 in the Department of Division of to the Position of FIRE AIVA FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 39,879 LAST JOB TITLE NAME THOMAS MARSHALL LAST DEPARTMENT DATE ADDRESS 56 CAMBRIDGE AV LAST SALARY CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -4090 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME OMAR FLUKER DATE ADDRESS 42 CAMP CITY & ZIP BUFFALO, NEW YORK 14204 LAST 4 DIGITS OF SSN. XXX -XX -4407 NAME ANTHONY PAUL,K DATE ADDRESS 339 DEERFIELD AV CITY & ZIP BUFFALO, NEW YORK 14215 LAST 4 DIGITS OF SSN. XXX -XX -8806 NAME JASON GERMAN DATE ADDRESS 72 SUMNER CITY & ZIP BUFFALO, NEVI YORK 14211 LAST" 4 DIGITS OF SSN. XXX -XX -0320 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNEL.L, W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 1 61201 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #S- EMPLOYEE(S) #4 (Rev 7 -07) Certificate o A ppointment Y III 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 appointntent(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 Smice. for the Appointment Effective: 0211612010 in the Department of Division of to the Position of [Efro ". Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) (Enter Starting Salary) : Startine Salary of $ 39,879 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -6507 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- itfUrjgTt!iIq� I NAME GRACE POST ADDRESS 58 COTTAGE ST, A -3 CITY & ZIP BUFFALO, NY 14201 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132901 TITLE CODE NO 2430 BUDGET ACCT. OBJ, 411801 PROJ. ID PERSONNEL REQ. NO 2909127 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: al 612010 SIGNATURE OF APPOINTING AUTHORITY: � MA, " R 1.,. L1 �L ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION ,SERVICES SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 00009 DATE: June 11, 2008 FROM: DEPARTMENT: _ 9 SUBJECT: - [; "Christopher M. Wait] Club W —199 Delaware" G { PRIOR COUNCIL REFERENCE: (IF ANY) G [: Item No. 45, Legislation Committee, 1119/2010: Ex, (item No. xxx. C.C.P. xx/xx/xxl This correspondence is in response to the Common Council's request for comments concerning item #1 45 from the Legislation Committee of January 19, 2010 regarding a letter from Christopher M. Wahl owner of Club W located at 199 Delaware; said letter was concerning the establishment's maximum capacity of forty -nine (49), The Department of Economic Development, Permits & Inspection Services has the following comments with regards to the aforementioned communication filed by the Common Council Legislation Committee: The Buffalo Fire Prevention Bureau reduced the capacity of Club W located at 199 Delaware in the City of Buffalo to forty -nine (49) in order for this establishment to be in compliance with the Fire Code of New York State, specifically, [B] Section 1014 "EXIT AND EXIT ACCESS DOORWAYS ", 1014.1 "Exit of exit access doorways required," As Club W located at 199 Delaware has only one (1) legal means of exiting; said reduction to a maximum of forty -nine (49) persons was required in order for Club W to be in compliance with the Fire Code of New York State. With regards to the adjacent property, said property is a legally licensed parking lot which is in compliance with City of Buffalo ordinances and New York State Building and Fire Codes. Therefore, the City of Buffalo has no cause nor any jurisdiction to "order" the removal of barriers installed on this property. DEFERRED TO T ITT AT i SIGNATURE DEPARTME MEAD TITLE: Commis�q er of ED S. ll To: The Common Council: Date: February 24, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 783 Elmwood (Delaware) J Type in Upper and 1 Lower Case Only [: Prior Council Reference: (If Any): Ext. (Item No. xxx, C.C.P, xx/xx/xx): Text (Tvne 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 783 Elmwood (Penzeys Spices /Penzeys Spice Company) 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 Mead Name: JAMES COMERFORD Type Title: D UTY COMMISSIONER Signature of Department Head: JC:PS :rf i i 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: PENZEY'S SPICES COMPANY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 783 ELMWOOD BUSINESS PHONE: (262) 785 -7616 COUNCIL DISTRICT: DE POLICE DISTRICT: 00 APPLICANT NAME: CINDY DREW APPL. PHONE: () - APPLICATION NUMBER: 556323 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK - - i ` }q x� *REASON FOR DISAPPROVAL MUST BE STATED BELOW" " REMARKS: INS PECTOR RM# O L I EXT L l 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 'FORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PENZEY'S SPICES COMPANY LICENSE TYPE: FOOD SPORE BUSINESS ADDRESS: 783 ELMWOOD BUSINESS PHONE: (262) 785 -7616 COUNCIL DISTRICT: DE POLICE DISTRICT: 00 APPLICANT NAME: CINDY DREW APPL. PHONE: () APPLICATION NUMBER: 556323 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRED TO) APPl�_q D DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2rpt 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: PENZEY'S SPICES COMPANY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 783 ELMWOOD BUSINESS PHONE: (262) 7$57616 COUNCIL DISTRICT: DE POLICE DISTRICT: 00 APPLICANT NAME: CINDY DREW APPL. PHONE: () APPLICATION NUMBER: 556323 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 201 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 1 0 DISAPPROVED DATE;. DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: INSPECTOR f r� -�-- 8114# • � C 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 "A INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PENZEY`S SPICES COMPANY LICENSE TYPE: FOOL] STORE C_) - �o BUSINESS ADDRESS: BUSINESS PHONE- COUNCIL DISTRiC T : POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER; REFERRAL DATE: 783 ELMWOOD (262) 785 -7616 DE 00 CINDY DREW 0- 556323 01/19/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: J (� DISAPPROVED DATE: NEW LICENSE 2010 REMARKS: u DISTRICT CAPTAIN: Wj/ ►4 rv1 � � � �-k � ,/ ��.., 61 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. RppSflp2.rpl 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: PENZEY'S SPICES COMPANY LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 783 ELMWOOD (262) 785 -7616 DE 00 CINDY DREW 0- 556323 01/19/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 't . PRO _ APPROVEID DISAPPROVED DISAPPROVAL CALLBACK DATE- DATE: DATE: ** *REASON FOR DISAPPROVAL DUST BE STATED BELOW * ** REMARKS: INSPECTOR tic r RM "4� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2 rpt { °e DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL BUFFALO NY 14202 851 ®4078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKEOUT - CATERER FOOD STORE MEAT, FISH & POULTRY. Date ()C 20 L? Applicant Name D `/ Applicant Home Phone # Applicant Address (No., Street) (City, Town or Village) (state) (Zip) Co- Applicant Name Co- Applicant Address o., Street) (City, Town or Village) (State) (Zip) Corporation Name 1,. c./ ,-.,,° 'r L e �r" n .Date Incorporated 9 9- 0 9 0 10 X Business Name /T rI Z6(/.,5 J plee'to late of Business Certificate = // - 09 -- 4?OO& Business Address .(N Street) (City, Town orr,Villa ge) (State) Mailing; Address (if different than. business address) /. r e x `7r Z / X_40k u/ jelo 00 (No., Street) (City, Town or Village) - (State) {Zip) Business Phone # . � ' . ! C Fax # StaftTaxIDNiamber Social Security # No. of Employees (Baker & Confectioner only) pPlie a Si afar ) Subscribed and sworn to before me this ( //! �, . 9" �7 � _C /a r Day of 6-4, A'0 ar 2t} FEES 1�,s�r AURANT a= . 0 8EA.TS $174.00 _ 201 -400 SEATS $250.00 401.+ 5325.90 RESTAURANT TAf[EOUTICATERING S 88.00 _(` ` ry MEAT,FISH & POULTRY (2 YRS.) $150.00 n M47'A `L# iWi �lt � �7 1 ° 13�1�1r3 FOODS`I'ORE 5115.00 !d J SAKER/CONFECTIONER 0-2 EMPLOYEES $53.Otl 3 -10 5105.00 f! 11 -25 8157.00 26 -50 S315.00 51 -200 $525.00 RST arpi 6002 I z X30 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 24, 2010, be received and filed; and 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 grant a Food Store License to Cindy Drew located at 783 Eh wood d/b/a Penzey's Spices Company, Passed N TA3:rmv TAwP6Ol Muor&mVi8c3- 2a.doc AVE *NO FONTANA x FRANCZYK .. * . GGLO EK BAs KEARNS LOCURT® RIVERA RUSSELL SNUTH _ Maj o 5 2/3- b 3/4- 7 x ®00f, To: The Common Council: Date: February 11, 2414 , From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [; Fend Store (New) 314 Hampshire (Niagara) Type in Upper and [: I Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tvve Sinale 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 a 314 Hampshire (Burma Family StorefYusof Mohamad) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: EPUTY COMMISSIONER Signature of Department Head: JC:PSA 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 FITZGERAL.D APPLICATION FOR: BURMA FAMILY STORE LICENSE TYPE: FOOD STORE BUSINESS A D DRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 314 HAMPSHIRE (646) 625 -9407 NI 05 YUSOF MOHAMAD (716) 831 -8081 556850 01/19/20I0 NEW LICENSE 2010 (TO BE COMPLETER BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: c DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM## � � t EST 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 / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BURMA FAMILY STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT. APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 314 HAMPSHIRE (646) 625 -9407 NI 05 YUSOF MOHAMAD (716) 831 -8081 556850 01/19/2010 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) t APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: ._.. DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppslipZrp1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: D q (u ' APPLICATION FOR: BURMA FAMILY STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 314 HAMPSHIRE BUSINESS PHONE: (646) 625 -9407 COUNCIL DISTRICT: NI POLICE DISTRICT : 05 APPLICANT NAME: YUSOF MOHAMAD APPL. PHONE: (716) 831 -8081 APPLICATION NUMBER: 556850 REFERRAL DATE: 01/19/2010 REMARKS: DISAPPROVAL REASON: r6 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR -J U C- ' S45-1 c CC,) RM# , o l EXT Y ' 1 0 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSltp2.rpt 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. BURMA FAMILY STORE LICENSE TYPE: FOOD STORE C3C) BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE: 314 HAMPSHIRE (646) 625 -9407 ICI 05 YUSOF MOBAMAD (716) 831 -8081 556850 01/19/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DATE: NEW LICENSE 2010 DISTRICT CAPTAIN: (N s ! l ivim r 6 L4 APPROVED DATE: DISAPPROVED DATE: *A*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. App31p2.rpr 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: BURMA FAMILY STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: PO DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER; REFERRAL DATE: REMARKS: 314 HAMPSHIRE (646) 625 -9407 NI 05 YUSOF MOHAMAD (796) 8318081 556850 01/19/2010 DISAPPROVAL REASON: PARKING TICKETS MUST BE PAID, NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DA`L'E.: DISAPPROVED DATE:. DISAPPROVAL DATE: CALLBACK ***REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: INSPECTOR RM# EXT � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2.rpt Department Of Economic Development, Permit & Inspection Serviobs Y Office Of Licenses 313 City Ball - Buffalo, NY 14202, Phone: (716) 851-4078 FAX (716) 851 -4952 0 �0 LICENSE APPLICATION: Please check the category you are applying for Type of Entity: ole Proprietor ® Corporation 13 Partnership 13 Limited Li_a.bility..:Conapany-. Restaurant Food Store Bakery /Confectioner Restaurant Take -Out Meat, Fish, & Poultry Caterer Date 20 Applicant Name - Rog Home Phone � �- t ev r L o Applicant Address � 7 � ° � �____ Number and Street ity Mate ZIP Co- Applicant Name . ^1 Co Applicant Address A / / 0 4 Number and Street City State ZIP Corporation Name Date ,Incorporate 1 `- (� 9-0 Business Name W I L .- fQf:- Buusiness Phone BusinessA.ddress 3AL _ '� /X - �ri'�& r ��w A// =.13 Number and Street City State ZIP Date m Business Certificate FAX# ( ) Social Security Mailing Address S (if different from business) Number and Street Number of employees (Baker /Confectioner only) am Restaurant 0-200 seats.... $174.00 201 -400 seats.... $250.00 400+ seats.... $350.00 Restaurant Takeout ...................... $ 88.00 Catering .......... ............................... $ 88.00 Food Store .. $115.00 Meat, Fish & Poultry (2 yrs) .......... $150,00 Baker/ 0 -2 employees.. $ 63.00 Confectionery 3 /10 employees.. $105.00 11 -25 employees.. $157.00 26 -50 employees... $315.00 51 -200 employees.. $525.00 State Tax ID # 14CF. 4L6 `� / 41_��, City State ZIP i C� Applicant Signature Print Name Subscribed and sworn to before me this• � _;` day of F 20 Coma isidner of Deeds in and fbk j�the City of Buffalo, New York Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 11, 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 More License to Yusof Mohamad located at 314 Hampshire d/b /a Burma Family More with the following conditions: 1. That the store is to be closed by 11:00 pm Sunday through Thursday. 2. That the store is to be closed by 12:00 midnight on Friday and Saturday. 1 That the exterior of the store is to be kept free of garbage and debris. 4. That there be no unframed or temporary exterior signage permitted on the premises. Passed 0 TAB:rmv TAwp6Mms%vordirtnv19c3- 2a.doe 6 y , Zxj 1; FONTANA FRANCZYK GGLOMBEK p . HAYNE' S * - x x p� KE 'IF LGCURTO SN RIVERA wit g� 'pig RUSSELL X 131YU 2/3 66 Sk 3 7 �4 7i' 11P a00_ To: The Common Council: Date: February 11, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 1426 Fillrnore (Masten) TvRe in Upper and (: I Lower Case Only (: Prior Council Reference: (If Any): Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Tvue 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 1426 Fillmore (Ajwani Market/Adham Saleh) 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, Fite 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. E R R To THE MT° N Lkik Type Department Head Name: JAMES COMERFORD Type Title: F COMMISSIONER Signature of Department Head: JC:PS:rf 3 i 1' CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: AJWANI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1426 F1LLMORE (716) 891 -1060 MA 00 ADHAM SALE11 (716) 891 -1060 554783 06/11/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRER TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: r �) DATE: DATE: ** *REASO7FR IS APPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR RM# EXT sue: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU App&ip2rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 f J INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: AJ WANI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUS PHONE: COUNCIL DISTRICT: POL DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: 1426 FILLMORE (716) 891 -1060 MA 40 A.DIIAM SALEH (716) 891 -1060 554783 06/1112009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED PPROVED DISAPPROVAL CALL BACK 'REASON REMARKS: 1 INSPECTOR 1 DATE DATE: DATE: DISAPPROVAL MUST BE STATED BELOW *" RMI EXT !/-�W7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppS[tp2.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: AJ WANI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1426 FILLMORE (716) 891 -1060 MA 00 ADHAM SALEH (716) 891 -1060 554783 06/11/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROV:F -D DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 1 REMARKS: INSPECTOR RM# � EXT� �l y AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 1lppS rpz,rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW 'YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ATWANI MARKET LICENSE TYPE: FOOD STORE 19 -30 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: t1�:8iTRA :i a DISAPPROVAL REASON: 1426 FILLMORE (716)891 -1060 MA 00 ADHAM SALEH (716) 891 -1060 554783 06/11/2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFS D TO) ' APPROVED HATE: 4.. DISAPPROVED DATE: (D NEW LICENSE 2010 REMARKS: DISTRICT CAPTAIN: _ L APPROVED DATE. 11 9 DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *�* REMARKS: COMM. OF POLICE: er AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlipZrpt 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: AJWANI MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1426 FILLMORF- (716)891 -1060 MA 00 ADHAM SALEH (716) 891 -1060 554783 06/11/2009 E_7.?71L /.�4a DISAPPROVAL REASON: NEW LICENSE 2010 :r (TO BE COMPLETER BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL :ALL RACK DATE-: z - F , DATE: DATE: ** *REASON FOR DISAPPROVAL MIDST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT /° �/ -�,; AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS(1p2.rpI .: pal t � Of Econom is Developmet' �'�emit & Inspecti n Serviees,� 'Office Of Licenses 31:3 Ci[y fall- Buiffala, NY 14242 Phone: (716) 851 -4078 FAX (716) 851-4952 JUN� ZOO LICENSE A ' L ATION: Please check the category you are applying for Restaurant ' Woad Store Bakery/Confectioner _ Restaurant-Take -out . Meat, Fish, & Poultry Caterer Date JUNE 1; 20 -09 .Applicant.Name ADHAM.SALEH. Dome Phone ( } Applicant Addvess 9.1 FRANKLIN ST: ACKAWANNA . NY I4218 Number and Street City State ZIP Co- A.pplicaut Name Co Applicant Address - Number and Street co State ZIP Corporation Mime JAVVANI, INC.' Date Incorporated 03/26/2009 Business Name AJWANI MARKET. Business Phone. 716 891 1060 { - BusinessAtldrs 1426 FILLMORE AVE BUFFALO NY 14211 Number and Street City State ZIP Date - Business Certificate Social Security # FAX# �} _ State Tal ID # 264783249 Mailing Address (If different €rpm business) Number and Street City State ZiP (. Number of employees (ulcer /Confectioner eWy) FEES Restaurant 0- 200'seats ... . $174.00 ' Applicant Signature 201 -400 seats.... $250,00 400+ seats.... $254.00 �t - print Name Restaurant Takeout......... .......... $ 88.00 Catering .......... ............................... $ 88.00 P Food Store ..:..........:................. 15 Sub scribed and sworn to before me this! day of Meat, Fish & Poultry {2 yrs)...... $15 : 00 � 2 Baker/ 02 employees .. $ 63.04 Confectioner y • 3/10, gTployees .. $ 05.00 11. -2 ez plt�yees .. $1 X7,00 Con=sioner of Deeds in and for the 26 -50 employees... $31.5,00 City of Buffalo, New York 51-200 employees.. $525.00 V �. SRS i�,4 M K. Ofd Notarv'- 1 L;Wic. S1,ite 0l °J;;w York .01x, Y. ,� - _ - � ;u�;i 701 in Fri; County P ®0L` To: The Common Council: Date: February 11, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Type in Upper and I Lower Case Only Office of Licenses Subject: [: Food Store (New) [: 1716 Kenmore (Forth) Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tyge Single Space Below): E) 61 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 1716 Kenmore (Price Rite of Kenmore Ave. /Micahel Ward) 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 COMER-FORD Type Title DEPUTY COMMISSIONER Signature of Department Head: JC:PS :rf g E CITY OF BUFFALO OFFICE OF LICENSES 313 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: PRICE RITE OF KENMORE AVENUE LICENSE 'TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1716 KENMORE (585)737-0337 NO 13 MICHAEL, WARD (585) 737 -0337 555445 07/20/2004 NEW LICENSE 2010 (TO BE COMPLETED BY AG ENCY/DEPARTMENT REFERRED TO) ,7t�A.iA- �+PAA7Rf�Oy�Y E DP �-p�s iT � yO�`V ED DISAPF ROYAL CALLBACK DAT - 1 - �.. t �v DATE: 1 DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: c -� INSPECTOR RM# �? 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 HALL, BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: PRICE RITE OF KENMORE AVENUE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1716 KENMORE (585) 737 -0337 NO 13 MICHAEL WARD (585) 737 -0337 555445 07/20/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGE NCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE:' / DATE: DATE: * *"REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR / / RM# ELT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSffp2 rpt n ti -16 1 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEVI YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: K9VMZGE� r -, € x _ f ' APPLICATION FOR: PRICE RITE OF KENMORE AVENUE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: 1716 KENMORE (585) 737 -0337 NO 13 MICHAEL WARD (585) 737 -0337 555445 07/20/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROV� DISAPPROVED DISAPPROVAL CALL RACK DATE: S DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM #� EXT 517 f) AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALT. BUFFALO, NEW 'FORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: PRICE RITE OF KENMORE AVENUE LICENSE TYPE: FOOD STORE' ' BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON. 1716 KENMORE (585) 737 -0337 NO 13 MICHAEL WARD (585) 737 -0337 555445 07/20/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REF RRED TO) APPROVED DATE: LL23 t b DISAPPROVED DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: 1 DATE: ** *REASON FOR DISAPPROVAL, MUST BE STATED BELOW *" �9 REMARKS: COMM, OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU AppSlip2rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONJAPPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: PRICE RITE OF KENMORE AVENUE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 1715 KENMORE NO 13 MIC WARD 585 -7370 555445 07/20/2009 DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) L APPROVED 1 DISAPPROVED DISAPPROVAL CALL RACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR I T _'� -" . `' > . f . RM# f EXT �- `¢ � - AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlipZ.rpt X)EFARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERV'CES 11 OFFICE OF LICENSES i ' f 313 CITY HALL _...,.. u_... • ..; iS= BUFFALO NY 14202 5514075 A u J UL 2009 LICENSE APPLICATION PLEAASE CMCK LICENSE CATEGORY "PLYMG FOR RESTAURANT RESTAURANT TAKEOUT MEAT, FISH & POULTRY - BAKERY ONFEC"TIQi� CATERER 71001) STORE DEPOSIT NO3 r a J-) ' ] ,161 rd Applicant Home Phone # 1 3 Applicant Name � � ! l�P Applicant Address P, �t-. (No., Street) (City, Town or Village) C (state) (Zip) Co- Applicant Name - . Co-Applicant Address - . (No., street) (City, Town or Village) (State) (Zip) Corporation Nam .. .� bale Ineorpoiated � f / a v Business Name � a��usinesa Ce�f°icate , (No., Street) (City, Tawn or:V'illage) ' (State) (Zip) . Mailing Address (if different tha4 business address) (No., Street) (City, Town. or Village) (State) (Zip) Business Phone # Fax # r State Tax 17 Number Social Security # No. of Employees C_') (Baker & Confectioner only) ,%fs_a_i1rA and sworn to before me this is b Day of d , 20 d - eeds " an`d fpr s Com of D � - City of Buffalo, New York .A lie ant• Signature FEES RESTAURANT 0- 200S1EA,TS $174.00 201 -400 SEATS $254.60 401+ $325.00 PXSFAtURANT T AKEOU TiCATERING S 88.00 WAT,FISH & POULTRY (2 YRS.) $150.00 FOOD STORE $115.00 BAKMCONFECrIONER 0.2 EWLOXEES S63.00 3-14 $103.00 11-25 5157.00 26 -59 $315.00 51 -200 5525.00 RST appl Mr. Fontana moved. That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 11, 2010, be received and Merl; 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 Michael Ward located at 1715 Kenmore d/b /a Price Rite of Kenmore Avenue. Passed 11 �6 TAB:rmv TAwp6Mn"or&rmv!1 I6 - 2a.doc * AYE * NO * * FONTANA * x X FRA G® if HAYNES � KEARNS gg O U R rgw O RIVERA 'IC RUSSELL Yi SMITH x ... 7F 2/3- M 6 / T " I 3 f HER To: The Common Council; Date: February 11, 2010 From: Department of Economic Development, Permit & Inspection Services Division I Type in Upper and I Lower Case Onlv I Office of Licenses Subject: [: Food More (New) 580 Niagara (Ellicott) 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 580 Niagara (Brothers Halal Market/Abdi Sabtow) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: EPUTY COMMISSIONER Signature of Department Head: J'' (A' JC:PS:rf 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: BROTHERS HALAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 580 NIAGARA (716) 533 -9703 EL 10 ABDI SABTOW (716) 5339703 556815 01/15/2010 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: f DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: �. 1 INSPECTOR = - RM## 3 EXT /C7 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: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR. BROTHER HALAL MARKET LICE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME. APPL. PHONE: APPLICATION NUMBER: REFERRAL BATE: REMARKS: DISAPPROVAL REASON: 580 NIAGARA (716) 533 -9703 EL 10 ABDI SABTOW (716) 533 -9703 556845 01/1512010 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ' APPROVED C -DISX - fiROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR -RM# EXT s�1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU Apps"PIrpt 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: BROTHERS HALAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 580 NIAGARA BUSINESS PRONE: (715) 533 -9703 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ABDI SABTOW APPL. PHONE: (716) 533 -9703 APPLICATION NUMBER: 555845 REFERRAL DATE: 01/15/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) C APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL, MUST BE STATED BELOW * ** REMARKS: INSPECTOR �\ _ ...... - ,� RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS!lp2rpr 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: BROTHER HALAL MARKET LICENSE TYPE: FOOD STORE C>30 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: 580 NIAGARA (716) 533 -9703 EL 10 ABDI SABTOW (716) 533 -9703 556815 01/15/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: NEW LICENSE 2010 REMARKS: DISTRICT CAPTAIN: i E.'• r=� f C f } - >!/r�' APPROVED DATE:` DISAPPROVED DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW/ � *x REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEA.E COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppS102.rpt 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: BROTHERS HALAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL. DATE: REMARKS: DISAPPROVAL REASON 580 NIAGARA (716) 533 -9703 EL 10 ABDI SABTOW (716) 533 -9703 556845 01/15/2010 NEW LICENSE 2010 MUST PAY BILLS FOR TAX WATER, USER FEES, ADMIN ADJUDICATION. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: �l DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �f�'yl'�C lc .f._ /� �-�.' / .t RM# l'l ELT g ,� ° 7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2.rpt depart€_ i t• Of Economic Develo erit, Permit >�r�spci �a�oli seA vaccS Office Of Licenses 31:3 City Hall.'. Buffalo, NY 14202 Phone: (716) 851 - 4078 FAX (716):$51` . LICENSE APPLICATION: Please check th e category you are applying for � Restaurant Vo6d Store Bakeiry /Confectioner :E-.- 1testauraht Take -;Out Nfeat, 0' 4, & Pt�i _ ry ' . .Caterer Date JAN 5' 20 :10 Applicaut.Naxne' A13DI SABTOW . Home Phone / 533 � �7Q3 Address - ..340 BRECKENRIDGE Alplicant Add BUFFALO NY 14213 Number arid Street City State P : Co- Applicant-Navae Co Applicant Address _State' ZIP Nlu ber and M eet ' City Carp€�ration N Bate Incorporated Business Name BROTHER HALAL. MARKET Business Phone, 7 ( 6) 533 -9703 BersinessAddress 580 NIAGARA ST BUFFALO NY -. 14201 - Number and Street City State '. ZIP Bate - Business Certificate Social! Security # AX# State Tax 1D # 27- 1582073 1Ylailin Address 340 BRECKENRIDGE BUFFAL0 _NY 14213 (if different from business) Number and Street City State ZIP Number of employees (Baker /Confectioner only) FEES Restaurant 0200 •seats.... $174.00 A.pplcant Signature 20 1 -400 seat.... $250.00 l 1 - 1Z': 400+ seats.... $250.00 Erin t Name Restaurant Takeout ...................... $ 88.00 Catering .... .............. .:..................... $ 8$.00 Food Store...., .... ........ 1.5.00 Subscribed and sworn to before me this da � f_ y of Meat, Fish t 2 s ..........,,. $15 i _ & Pout ry ( yr) � Baker/ 0,-2 employees .. $ 53.00 Confectionery - 3 /10.em ployees:: $105.00 era ends in and for the l 1-25 employees.. $157.40 ity of Blo, New York 26 -50 employees... $315.00 51-200 employees.. $525.00 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 11, 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 More License to Abdi Sabtow located at 580 Niagara d/b /a Brothers Halal Market. Passed 12 /IVO TAB.rmv TAwp601mswordlmavW20 -2s.aoc ro AYE NO FONTANA FIANCZYK f GOLOMBEK HADES LEARNS " 'k LQCURT® . RIVERA 4 RUSSELL SMITH 9C Maj e 5 2/ 3- 6 3/4- 7 �` 000 To: The Common Council: Date: February 11, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: Twe in Upper and Lower Case Only Prior Council Reference: (If Any): Ext. (Item No. xxx, C.C,P. xx/xx/xx): Text em Single _Space Below): Food Store (Derv) 464 Seventh (Ellicott) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a hood Store License located at 464 Seventh (3 Brothers Market & Deli/Mohamad Ali) 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 3W Title: EPUTY COMMISSIONER Signature of Department Head: JC:PS:rf i 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: 3 BROTHERS MARKET DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE: NEW LICENSE 2010 464 SEVENTH 602 -2266 EL 10 MOHAMAD ALI 837 -1280 556114 09/17/2009 REMARKS: 2ND REQUEST DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK * *'TREASON REMARKS: n / INSPECTOR DATE: A l - az - � DATE: DATE: FOR DISAPPROVAL MUST BE STATED BELOW * ** ,. RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App3'W -rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 c 0 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: 3 BROTHERS MARKET DELI LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 464 SEVENTH BUSINESS PHONE: 602 -2266 COUNCII, DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: MOHA.MA.D ALI APPL. PHONE: 837 -1280 APPLICATION NUMBER: 556114 REFERRAL DATE: 09/16/2009 REMARKS: 2ND REQUEST DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVE DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR 4 6 v — � cr RM#/ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU 4pp5lip2.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: 3 BROTHERS MARKET DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 464 SEVENTH 602 -2266 EL 10 MOHAMAD ALI 837 -1280 556114 09/17/2009 REMARKS: 2ND REQUEST DISAPPROVAL REASON. NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE:` DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK *x *REAS N F DISAPPROVAL MUST BE STATED BELOW *** REMARKS: q� .. RM# � � EXT I 7 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 MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: 3 BROTHERS MARKET DELI LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: Ei731Tt /:W,E.'A DISAPPROVAL REASON: 464 SEVENTH 602 -2266 EL 10 MOHA.MAD ALI 837 -1280 556114 09/17/2009 (TO BE COMPLE'T'ED BY AGENCY/DEPAR REFERRED TO) APPROVED DATE: a � -/o DISAPPROVED mIIIV4 REMARKS: (A DISTRICT CAPTAIN: APPROVED DATE: DATE: l 2w4c , 1 NEW LICENSE 2010 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. AppSUP2.Tpr V CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: 3 BROTHERS MARKET DELI LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 464 SEVENTH BUSINESS PHONE: 6022266 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: MOHAMAD ALI APPL. PHONE: 837 -1280 APPLICATION NUMBER.: 556114 REFERRAL DATE: 12/3012009 REMARKS: DISAPPROVAL REASON: ONE PARKING TICKET, PLEASE PAY. (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) f APPROVED DATE: 2- l 1e7l DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK * *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *� REMARKS: �`� • C %� INSPECTOR RN1# l � EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU App$7ip2.rpt Department Economic Development, h'er'mit & inspection Services . r Office Of Licenses 313 City Ball B:uffal ©, NY 14202 . . Phan: {7 4} 5I 4 7$ FAX vlo)- 85& -4952 , I�_ffCN'1r T %,t I'IVA: Please check the category you are applying for Type of.Entity• S I P ` g i ®e K" ear Corporation ® Partnership 0 Limited Liafbiiity Company Restaurant K Food Store Bakery/Confectioner Restaurant Take - Out Meat, Fish, & Poultry Caterer Applicant Nacre .Applicant Address Number and Street Co-Applicant Nance Co Applicant Address Number and Street . Corporation Name Bate w! YIi 2 20 a � Hoare Phone 9 3 - 7 - 4518�0 City State ZIP city Bate Incorporated State ZIP Business Larne � �6� r!S �.���!p� � bet"' Business Phone (�_) 4 Busirzessddr°ess Y -) I - A L 5 Number and Street City State ZIP Date - Business Certificate Social Security # ANN F'AX# (��� Mate Tax B3 # Mailing Address ' (if different from business) Number and Street City State ZIP. Nutnber of employees (Balser /Confectioner only) Restaurant . 0 -200 seats.... $174.00 201 -400 seats.... $250.00 400+ seats.... $350.00 Restaurant Takeout ...................... $ 88.00 Catering... ..... ............................. $ 88.00 Food More ....... . .............................. $115.00 Meat, Fish & Poultry. (2 yrs) .......... $150.00 Baker /. 0 - 2 employees,. $ 63,00 Confectionery 3 110 employees ...$105.00 '11 -25 employees.. $157.00 25 -50 employees... $3 15,00 51 -200 employees.. $525.00 Applicant Signature PYI,C,110� Aft' Print Name Subscribed and sworn to before me this day of 20 U� Commisioner of Deeds in and for tl City of Buffalo, New York KATHALEEN K WADSWORTH Notary Public, Mate of New York No. p1WA6152506 Qualified in Erie CoUn /� commission Expires 1)()I U Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 11, 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 More License to Mohamad Ali located at 464 Seventh d/b /a 3 Brothers Market & Deli. Passed 13 TAB:rmv TAwp OVnnvord'wznAI3c3- 2a.doc AYE % NO % lFONTA.NA FRANCZYK % .. CO LQMBEK * X HAYNES % % KEARNS X 3�f L®CURTO RIVE idA RUSSELL % SMITH % aj ` 5 9k � �./ / 2/3 ° 6 3/4- 7 % % 00 0 IL G Communication to the Common Council ! ` To: The Common Council: Date: February 12, 2012 From: Department Department of Economic Develonment, Permit & InsDection Services Division Office of Licenses Subject: [: Restaurant Dance Class IV [: 414 Pearl Street (West) 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 Restaurant Dance Class IV License located at 414 Pearl Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV 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 laves. I have caused an investigation by the Police Department into the moral character of Tony Vaillant. The attached thereto for The Barcelona On Pearl (dba Touch Enterprise,) This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name JC:cap I (Rev. 01 /1993) AMES COMERFORD, DEPUTY COMMISSIONER t r 3 5 DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY ILL BUFFALO NY 142022 $51 -4075 PLEASE CHECK. LICENSE CATEGORY APPLYING FOR ARCAI3E BILLIARD PARLOR BOWLING ALLEY !" CERTIFICATE OF INSPECTION COIN- CONTROLLED --- -GO GO DANCING ___ MUSIC "8CHANICAL) ,MUSIC (LIVE NO DANCING) AMUSEMENT DEVICE BEWSTAND PUBLIC DANCE HALL REST CE SKATING RINK APPLICANT NAME "�J) �� I APPLICANT PHONE # N 1 4 , APPLICANT ADDRESS 1 Q-e _ - 1 (No :1 Street) (City, Town, Villa (State) (Z p Code) CO- APPLICANT NAME - CO- APPLICANT ADDRESS CO- APPLICANT PHONE # (No., Street) (City, Town, Village) (State) (Zip Code) CORPORATION NAME F A 1 C4. ­ DATF, INCORPORATED_6aQ4�(" BUS BUSINESS ADDRESS 1.l E m L�-. " BUSINESS PHONE # A I - 60 FAX # STATE TAX ID # APPLICANT Di O,- PLACE OF BIRTH :( (,� US CITIZEN _(YES) (NCI) CO- APPLICANT DIO/B PLACE OF BIRTH US CITIZEN _(YES) - (NO). IF APPLICABLE NO. OF AMUSEMENT MACKNESJW NO. OF BILLIARD' TABLES NO. QF EOWLING ALLEYS ` 7- w S orr► and wom to before me this F S: ARCAIlE: X4'1.25 4 Day o ©� CO IN - COI TROLL9D AMU�EMEN`T DEVICE: $4'1.15 EA. GAME NEWSTAND. $63.00. i " amanissi9nr ° oi ee and for I3ILi .ARC I�ARLft1It:- 531.5D EIt TABU,. 1 1he City of Buealo, N. Y, GO GO.DANCING: $131.25_ :. . PLiI3EIC..DAN9IItALL: 40EI). tOVVLING ALLE'y. $3E50- PER ALLEY lirfun (ml-C HANTCALj - . 'S52 :: M[I iC NO IiANCI IG };: ��2.�0 RI;ST`ATJRANT lt1ANC.F CLASS i �c2 (>rLCIQ t SFIOW) $367.50 CLASS 3 (LM MU $210.00 CLASS 4 (MCCR'ANICAL) $131.25 CERTIFICATE OF INSPECTION: $56.00 SKATING RINK: $210.00 POLICE RECORD CHECK REQUIRED, ARC ETC. app[ 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: BARCELONA ON PEARL LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 414 PEARL BUSINESS PHONE: 332 -6900 COUNCIL DISTRICT - POLICE DISTRICT- APPLICANT NAME: TONY VAILLANT APPL. PHONE: 310 -7271 APPLICATION NUMBER: 556836 REFERRAL DATE: 01/1512010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) DATE:........ l APPROVED DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK _ _ ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR, 7y✓ RM# EXT ((k .AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 d1f 01,v INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 414 PEARL 332 -6900 TONY VAILLANT 310 -7271 556836 01/15/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: r DATE: DATE; ** *REASON FOR DISAPPROVAL MUST BE ,STATED BELOW * ** REMARKS: INSPECTOR F C1f'`° �� RM# EXT I 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 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT; APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 414 PEARL 332 -6900 TONY VAILLANT 310 -7271 556836 01/1512010 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) - - X PROOV D � DISAPPROVED DISAPPROVAL CALLBACK DATE: C;) r DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR J kd�- Pi ew i RM# EXT t 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 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 414 PEARL BUSINESS PHONE: 332 -6900 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: TONY VAILLANT APPL. PHONE: 310 -7271 APPLICATION NUMBER: 556836 REFERRAL DATE: 01115/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ll d's j E 1.� NEW LICENSE 2010 DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DATE: !: DISAPPROVED DATE: �;� f� ***REASON FOR DISAPPROVAL U "T BE ST ED BELOW � ** REMARK: COMM. OF POLICE: Deputy CO =,lii: s-c' -d `finer AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU 4ppSljp2.rpl P -147C (REV. 9108) 11. APPLICATION RELEASE FORM-. 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 snail, 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. Cheeks 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: —1� l IMAIDEN NAME SEA.__ RACE A CURRENT ADDRE8S: DATE OF BIRTH SOCIAL SECURITY REASON FOR REQUEST SIGNATURE OF APPLICA DA STATE OF NEW YORK ) A COUNTY OF ERIE ) SS. CITY OF BUFFALO ) , f On the day of Y� : 20 before me personally appeared ` —6 I\J If, l 6\ to me known to be the same person described in, and who executed th g fore oin instrument and acknowledged the execution thereof. g Notary Public I C orn missio er of Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL""' RECORD ATTACHED VERIFIED BY: NO RECORXON FILE DATE VERIFIED UJ 1 6 ?0 NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE "VERIFIED. NOT VALID UNTIL_ STAMPED. r +o,,jayA, � �-e BUFFALO POLICE DEPARTMENT q CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 0210512010 14:28:1 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: VAILLANT, TONY Y DATE OF BIRTH RACE: While SEX: M ADDRESS: 140 NEWCASTLE CT WILLIAMSVILLE, NY 94221 WILLIAMSVILLE, NY 1 SOCIAL SECURITY #: PCN: 10057191 NYSID: BOOKING /ALIAS NAMES: VAILLANT, TONY Y 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. ►f�C�7:T'xKi7:1�7 NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 PEOPLE OF THE STATE OF NEW YORK VS. TONY Y. VAILLANT; Defendant CASE NO: 06051338 Date of Birth: _.a JC501 no: 58049491M Date of Arrest: 05/26/2006 NYSID no: 0103234N Disposition Date: 12/05/2007 Section Section Ticket No & Ciaraed Disposed Description Dispositiop Fine Civil -Fee Surcha VTL VTL LW676246 -4 FINE /COND. 119203 119203 DWI -1ST OFFENSE. 14 DISCHARGE 1000.00 0,00 190.00 . VTL VTL LW676247 -5 119202 119202 DWI .08 OF 1 PCT Dismissed 0.00 0.00 U0. VTL VTL LW676245 -3 11800D 1180. 0D $ fiedina _85150 Dismissed 0.00 0.00 0.00. VTL VTL LW676248 -6 03063 03068 UNINSP. MN Dismissed 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was adjudicated as indicated. Dated: The 10th day of February 2010 Hon. Thomas Solbert NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. Copies: Court, ____. Defendant, Agency, DA CERTIFICATE DISPOSITION ' STATE OF NEW YORK AMHERST TOWN COURT ERIE COUNTY CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK VS. TONY Y. VAILLANT; Defendant CASE NO: 06090494 Date of Arrest: 09/14/2006 Disposition Date: 11/27/2007 Adjudication Date: 10/24/2006 Sentence Date: Section Section Ticket No & Cheraed Discosed Description VTL VTL AMT400C2RJ 051103A 0511 02A1 AGGR UNLIC OP 2 VTL VTL AMT40000RJ 119203 119203 DIN! -1ST OFFENSE VTL VTL AMT40OClRJ 119202 119202 DWI .08 OF 1 PCT DOB: f JC501 no: 58340166M NYSID no: 0103234N Disposition Fire Civil -Fee Surcho DIEM /PLEA PACKAGE 0.00 OAO 0.00 LIC RVK FINE 500.00 0.00 190,00 DISM /PLEA PACKAGE 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 10th day of February 2010 Q I / James V. Loughran, C urt Administrator For: Hon. Mark G. Farrell NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. Copies: Court, Defendant, Agency, DA Q PERMANENT RESIDENT CARD NAME VAILLANT, TONY A# 095- 969 -417 elrcnd � €spry sex m Go" ci] -` Fra E CAR 41'16 Reside 1104184 Cl USA0959694171EAC0622651296<< 74099 52811608045 FRA « « « «« <9 VAI LLANT «TONY « « « « « « «« Ljjv.L Qr 1 - 1LVI.J I -- - , I - d - - -- FILING RECEIPT ENTITY NAME: TOUCH ENTERPRISE, INC. DOCUMENT TYPE: INCORPORATION (DOM. BUSINESS) COUNTY: ERIE SERVICE COMPANY: CORPORATION SERVICE COMPANY - 45 SERVICE CODE: 45 * FILED: 12/11/2006 DURATION: PERPETUAL CASH#: 061211000573 FILM #:061211000537 ADDRESS FOR PROCESS ------------------- TONY VAILLANT 140 NEW CASTLE COURT WILLIAMSVILLE, NY 14221 REGISTERED AGENT ---------------- STOCK- 200 NPV - z! z EXIST DATE ---------- 12/11/2006 FILER FEES 195.00 PAYMENTS 195.00 -------- ----- ---- FILING 125.00 ' CASH 0.00 TAX 10.00 CHECK 0.00 JUSTIN S. WHITE ESQ. CERT 0,00 CHARGE 0.00 5662 MAIN STREET COPIES 10.00 DRAWDOWN 195-00 HANDLING 50.00 OPAL 0,00 WILLIAMSVILLE, NY 14221 REFUND 0,00 G50684JBA DOS-1025 (11189) Taxation and Finance Taxpayer Services and Revenue Division rte' VV A Harriman Campus Albany NY 12227 Notice date: 4/11/2007 Approval of Election to be Treated as a New York S Corporation �h TOUCH ENTERPRISE, INC. 140 NEW CASTLE DR WILLIAMSVILLE NY 14221 -1991 0 ti Q Taxpayer ID: 20-8058602 S effective date: 12/1112006 Your election to be treated as a New York S corporation has been approved. It is effective for tax years beginning on or after 12/11/2006 and will remain in effect for all subsequent years until it is revoked or terminated. If the effective date is for a period later than the one requested, the election was not made on time, and the next applicable period was assigned. If you have a federal election for a period earlier than the one assigned, please resubmit Form CT -6, Election by a Federal S Corporation to be Treated As a New York S Corporation, with a copy of the federal S election approval letter to the CORPORATION TAX REGISTRATION UNIT, W A HARRIMAN CAMPUS, ALBANY NY 12227. It the federal S election is pending, this New York State approval is tentative until the Internal Revenue Service approves the federal election. If the federal S election is denied, the New York State approval is revoked and the corporation must file regular New York State corporation franchise tax returns. Filing requirements for S corporations A New York S corporation must file its franchise tax return annually and pay its tax within 2% months after the end of the corporation's tax year. S corporations must file Form CT -3 -S, New York S Corporation Franchise Tax Return, or Form CT -4 -S, New York S Corporation Franchise Tax Return Short Form. A group of S corporations may be required or permitted to file Form CT- 3 -S -A, New York S Corporation Combined Franchise Tax Return. A bank S corporation must file Form CT -32 -S, New York Bank S Corporation Franchise Tax Return. Individual shareholders must file either Form IT --201, Resident income Tax Return, or Form 1T -203, Nonresident and Part -Year Resident Income Tax Return. Penalties and interest Penalties will be assessed for failure to file a tax return, late filing, late payment of tax, failure to provide shareholder information on time, and understating the tax. Interest will be assessed for late payment of tax. Whenever the shareholder composition of the S corporation changes either in the number of shareholders included or by specific individuals included, a new Form CT -6, Election by a Federal S Corporation to be Treated As a New York S Corporation, must be completed and filed. If you have questions regarding this notice, please call toll free 1 877 698 -2918. From areas outside the U.S. and outside Canada, call (518) 457 -2961. When you call, have your taxpayer identification number and the notice code available as follows: Taxpayer ID: 208058602 Notice code: 20005 Need help? Internet access: www.nystax.gov (for information, forms, and publications) �r C I Fax -on- demand farms: 1 800 748 -3676 Hearing and speech impaired (telecommunications device for the deaf (TDD) callers only): 1 800 631 -2110 Notice code: 20005 TR -37 (12/05) 1WA2 - 0902200 P0014255- 01 Taxation and Finance L TCC - Account Services If corrections to our records are W A Harriman Campus R980 necessary, return this form as soon as Albany NY 12227 possible to ensure proper identification. D Corporation Tax Account Information 1/11/2007 Q TOUCH ENTERPRISE, INC. o 140 NEWCASTLE DR co co WILLIAMSVILLE NY 14221 -1991 co o, a ca N C3 Fold here Identification number 1. Federal, or correct, employer identification number (EIN) f 2. Daytime telephone number TF- 2396507 1 1 I 3. Correct mailing address 4. Correct physical address The New York State Department of State has notified the Tax Department that the above corporation has been incorporated or authorized to do business in New York State. The identification number above is currently assigned to your New York corporation tax account. The Tax Department assigns a number prefixed by the letters TF when a corporation does not have a federal employer identification number (FEIN). You can obtain the FEIN immediately by calling the Internal Revenue Service (IRS) at 1 800 829 -4933 or by accessing the IRS Web site at wwiw.irs.gov /business. If you have applied for a FEIN, but have not yet received one, keep this form and return it when the FEIN is available. To update your account or to report changes, complete the boxes indicated and return this form in the enclosed envelope. — Box 1 - Enter your new or corrected federal employer identification number. -- Box 2 - Enter the daytime telephone number including area code. — Box 3 - Enter the correct mailing address if different from the preprinted address above. Fold = Box 4 - Enter the correct physical address if different from the mailing address. here For additional information regarding your corporation tax filing requirements, refer to the enclosed Form CT-198.1, Franchise Tax Return Information. If you have questions regarding this notice, please call toll free 1 877 6198 -2918. From areas outside the U.S. and outside Canada, call (518) 457 -2961. When you call, have your taxpayer identification number and the notice code available as follows, Taxpayer ID: TF2396507 Notice code: 20003 Need help? Internet access: wvml.nystax.gov (for information, forms, and publications) Fax -on- demand forms: 1 800 748 -3676 .sera Hearing and speech impaired (telecommunications .ea® device for the deaf JDD) callers only): 1 800 634 -2110 d Notice code: 20003 Make sure this address shows through envelope window �EEI��i [�E�El IEIEE�[lilll�f FF11� NYS TAX DEPARTMENT TCC - ACCOUNT SERVICES W A HARRIMAN CAMPUS ALBANY NY 12227 CT -188 (12105) Page 1 of 2 1 WA2 - 3642202 P0001741- 01 X , V I A I P.O. BOX 9003 HOLTSVILLE NY 11742 -9003 001020.39931 ®.0009.001 2 MH 0.553 1170 [sill € € JIJ111111 €€ € € IL1 TOUCH ENTERPRISE INC 140 NEW CASTLE COURT WILLIAMSVILLE NY 14221 loco Date of this notice: 12 -26 -2006 Employer Identification Number: 20 8058602 Form: SS -4 Number of this notice: CP 575 A For assistance you may call us at; 1--800 - 8294933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 20-8058602. This EIN will identify your business account, tax returns, and documents, evert if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label we provided. If this isn't possible, it is very important that you use your EIN and complete name and address exactly as shown above on all federal tax forms, payments and related correspondence. Any variation may cause a delay in processing, result in incorrect information in your account or even cause you to be assigned more than one EIN. If the information isn't correct as shown above, please correct it using tear off stub from this notice and return it to us so we can correct your account. Based on the information from you or your representative, you must file the following form(s) by the date(s) shown. Form 941 Form 1120 Form 940 07/31/2007 03/15/2008 01/31/2008 If you have questions about the form(s) or the due dates(s) shown, you can call or write to us at the phone number or address at the tour of the first gage of this letter. If you need help in determining what your tax year is, see Publication 536, Accounting Periods and Methods, available at your local IRS office or you can download this Publication from our Web site at www.irs.gov. If you believe your yearly employment taxes will be 01,000 or less for the tax year (average annual wages of *4,000 or less), release contact us on 1- 800--829-0115. You will be required to file Form 944, Employer's Annual Federal Tax Return, rather than Form 941, E,mp'o3%er 'z Quarterly Federal Tax Return. This return will be due annually, on January 31, following the end of the tax year. You can pay your tax liability annually when you file your return, or you may choose to make more frequent deposits to reduce the balance due with your annual return. If you use a Reporting Agent or Tax Practitioner, inform him or her of your Form 944 filing requirement. If your annual liability rises to $2,500 or more, you will be required to make deposits. If you do not make the required deposits, you may be subject to penalties and /or interest. Please refer to Publication 15 (Circular E), Employer's Tax Guide, for deposit requirements and for more details on the Form 944 annual filing program. (IRS USE ONLY) 575A 12-'26 -2006 TOUC B 19120 01337 SS-4 .a 1020 Your application for an EIN indicates that you intend to elect to file your return as an 1120 °S. An election to file a Form 1120 -S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. The internal Revenue Service has also identsfined several mistakes commonly made S corporations and their shareholders. Please review them and call us at 1- 800--829 -1040 if you have any questions. • Losses in Excess of Basis - Pursuant to Internal Revenue Cade (IRC) section 1366, a shareholder in an S corporation may not deduct S corporation losses in excess of their basis in stock and/or debt. Each shareholder's stock basis and debt (loans from shareholders) basis should be computed annually. • Taxable Distributions - Pursuant to IRC section 1368, distribution to shareholders in excess of stock basis are generally taxable. • Gain on Repayment of Loans from Shareholders - where the shareholder previously used debt basis to absorb S corporation losses, subsequent repayments on the loans are generally taxable. • Compensation to Shareholder - If the shareholders performing services for the S corporation, be careful not to improperly classify the compensation as payments other than salary (examples: excessive rent, or distributions) in order to avoid employment taxes. • Fringe Benefits - Certain fringe benefits paid on behalf of a shareholder who owns more than 2X of the stock (or shareholder's family) are taxable. Examples include certain accident, health, and life insurance premiums, meals and lodging, and certain cafeteria plan benefits.. • Accrual of Expenses Due to Shareholders - Pursuant to IRC section 267, an accrual basis corporation may not accrue and deduct expenses (such as rent) due to a cash basis shareholder until the amount is includible in the income of the shareholder (when paid). Keep this hart for your records. CP 575 A (Rev. 1-2006) Return thin. ; par', with any comes~: nderca so we may identify your account. Please CP 575 A correct any errors in your name or address. 1912001337 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 12 -26 -2006 ( ) - EMPLOYER IDENTIFICATION NUMBER: 20- 8058602 FORM: SS -4 NOBOD INTERNAL REVENUE SERVICE A.O. BOX 9003 HOLTSVILLE NY {{F [( 1 {#1742 -9003 111111111111 i1i[ll €'i1111 11111111111 €i TOUCH ENTERPRISE INC 140 NEW CASTLE COURT WILLIAMSVILLE NY 14221 1 R \ \ / k � / G ` J ` �\ k ƒ \ / & � § § � k ® © k ƒ ® ƒ � \\ o \ ) � ~\ O / ■ ƒ ] n \ ` q / ƒ � \ � ¢ / k ƒ� / k 7 � k \ « � � k & m � � \ � O 7 � . � � / k 7 � k \ « Taxation and Finance Sales Tax Registration W A Harriman Campus Albany NY 12227 w '•11 is authorized to collect sales and use taxes under Articles 28 and 29 of the New York State Tax Law. Nontransferable This certificate must be prominently displayed at your place of business. Fraudulent or other improper use of this certificate will cause it to be revoked. The certificate may not be photocopied or reproduced. 4050111080098 1 DC3 - 2890635 P0000696-01 DTI=- 17 -A -R (11108) o [7 m L 4 ffi C9 c ItF 9 x R (p o �D (N C9 Q ,� � m (b -�{ BY � � 00 ' . �a�✓'�s�J�,lf �4luild�Idill iL6t � � � 2 4 G � P M' 0 to < R u Q �N�yy te ? UT m p N g n pq A O z O LAS m F» o Q t z m - (D C t) a i 3 iD O 1i m R € :3> N �c x O N � m m �. n t� rim r Q 0 m (D m m M z G) c ! fl1 ;q� -n 0 fA w w m m N L q m `m m a ® n o 0 m � sm a = 6� c CO m �� 0� � QD q � :� r 9" ro (D e 4. C� 0 m n m � C c 0 (g m IUD (D z Q 111 Cf C n m O N {D e 40 Im 0 0 fA w w m m N L q bw + ` 04 C3 C? m CD ® 0 9 ''r' q rA da m `m m a ® n o Z V3 z iw r 31' c CO m o ® ° � QD q � 4. C� N bw + ` 04 C3 C? m CD ® 0 9 ''r' q rA da r 84 PL LEASE Published by David F. Wiltiamson Co., Inc, Plain English F o r mat LEASE AGREEMENT 126 Enicatt Square Hidq., Sfio., Ny 14203 LEASE CONDITIONS 1, Premises 2. Use 3. Assign and Sublease 4. Rent 5. Bight of Landlord to Shaw Premise and to Place Sign, Thersoa 6, Laws, ordin- ances and tntarancs Reguiatioas 7. Maintenance 8. Use of Eles trictty, Water, sgWar and GBS 8. End of Term ifl. Numbered Glebes GAR ENTERPRiSES June 15, 2009 Landlord............................................. ............................... Lease Date .......................:j . mailing 416 PEARL STREET, BUFFALO, NEW YORK 14202 Address ............... ............................... >... .......... ............. Touch Enterprise. Inc. Starting Se tf?11 1 !]l 2003 Tenaot ................................................. ............................... Date ... i ' 414 Pearl Street, Buffalo, NY 14202 endin August 31 2012 I r ......................................>.,........ .:.........- --•-- •-- ----..._... :a. ... >.., >..>....:..:..,..._> Yearly Rent $ to be paid blonthly al $ with Security of $ SEE ADDENDUM The (Landlord has agreed to rent to the Tenant and the Tenant hoe agreed to rent from the ,Landlord the following premises: THE FIRST FLOOR OF 414 PEARL AND ONE -HALF OF THE BASEMENT The Tenant agrees not to use the premises for any other purpose than a restaurant and bar The Tenant must not sublease or assign this lease to anyone else. If the Tenant lets anybody else use the premises the Landlord has the right to cancel the Leese as it states in the Tenants Violations and Landlord's Remedies Section 11. The Tenant agrees to pay the rent on the firs? day of each month at the Landlord's Afalling Address. Last months rent is to be paid when the Tenant signs this Lease. ADDITIONAL RENTAS PERADDENDUM Tenant agrees to allow the Landlord, in person or by agent, to enter the said premises at all reasonable times of the day and to allow the Landlord, or his agent to place on or about said premises, notices indicating that the premises are for sale or rent; and to allow the .Landlord, or his agent, to enter upon and pass through and over said premises for the purpose of showing the same to persons wishing to purchase or lease the same. Tenant agrees to obey and carry out all .Federal, State, County and Municipal laws, regulations, rules and ordi- nances in regards to the premises (hereby leased) and their use, and all walks adlacent thereto and their use and keep said walks free of ice and snow, and to take such care of said premises as may he required by any and 4711 Federal, State, County and Municipal authorities and departments, or any of them; and to obey all lawful require- ments of the New York Fire Insurance hating Organization, or any similar body, with reference to the premises and the use thereof; and in the event that the insurance premium rate upon the building shall be increased, by reason of any of omission or commission on the part of the tenant or by reason of the nature of the occu- pancy of the premises the tenant agrees to pay the amount of any such increase; and to save the owner and hold the owner harmless from any expense, loss or damage by reason of the violation ofsuch laws, regulations, rules, ordinances and requirements, or by reason of any damage that might be sustained by reason of the tenant's neglt- gence. Tenant agrees to maintain the town and shrubbery in a presentable condition, and to care for, erect and store screens, storm windows, doors, and awnings, which may be on the premises. Tenant agrees to take special care that no damage happens to the building or any fixtures therein in the use of electricity, water or gas and be liable for all damages oecosioned by the tenants, their agents or servants, in the commission or omission of any acts causing such damage, and to observe and heap air the rates and regulations of the electric, gas and water companies and the sewer authority, supplying such premises with electricity, gas, water and use of sewer, and promptly pay bills for some. The Tenant must return the premises broom-clean at the expiration of the lease to the Landlord and in the same condition as when taken, reasonable wear and tear thereof excepted. Every Numbered Clause herein contained is hereby made it condition. 11. Tenant, Vio g In the event of the violation by the tenant of any Numbered Clause, agreement or condition contained in this fations and lease, then, in either case the Landlord shall have the right at the Landlord's election to: Landlords = tian�dias A. Landlord may give Tenant 5 Business days written notice to correct any violation of a Lease condition or move. 13. if the Tenant fails to correct the violation, the Tenant must leave and give the Landlord the keys to premises. C. Tenant continues to be responsible for rent, expenses, domagea and Leases; and: D. Landford may enter the premises to remove any Tenant or property and /or use diapoaeaa, eviction or other legal methods to take back premises. 12. toe - panting If the Lease is ended all rent for unexpired term is due and payable. Landlord may regent the premises and any - thing in it for any term at any price. Tenant shall be responsible for Landlords cost of repairs, brokers fees, legal fees, advertising and any other costs preparing the premises for re- renting. Any rental the Landlord receives, after deducting Landlord's costs shall be applied by the Landlord in reducing the amount owed by the Tenant. Tenant agrees not to return to the premises after legal removul. 1. Fires Conditions d. galas 5. ttepratsa lotions S. Marginal Heaftilt T7. Changes 18 Effective date and Signstarac In cases the premises herein leased shalt be partially damaged by fire, the same shalt N repo fired as speedily as poss- We by lire Landlord. In case the premises shalt be totally destroyed by fire, or do much damaged as to render them untenontable, either party hereto may serge personally, Or by registered mail, upon the otherparty [within ten days after such fire, a thirty -day written notice of the intention ofsuch party to terminate this tease and the term therein provided for and at the end of such WOY days the tenant shall pay at; rent to the date of said fire and surrender up to the owner said premises discharged of this lease, Tenant must comply with Landlord's Rutrs. Notice of Ituleo will be posted orgivan to Tenant. Landlord aped not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates the Rules. Tenant receives na rfghte under the Rules. Tenant has read this Lease. All promises made by the Landlord are in this Lease, There are no others. The Marginal headings are for convenience only. This Lease may be ehangad only by on agreement in writing signed by and delivered to each party. Landlord and Tenant agree that this agreement is effective as of the date that both parties have completed copies and are Wall as of the date at Ifte top of the Lease. IOr or tigg f O r 0 d: Sn� `• .... .. ... JU WIT CSS :................ .... .... Raw U) W t/3 0- W W I— z W t� N Cq CV Ill Z al ' Q tt. Id. i... W Il.t a. ldl V L� : ill : L tll C3 a_ N N O N Z n m O a w tu a � a w t� 1� ADDENDUM � The following terms and conditions shall apply to the Lease between the parties: 1. Neither this Lease nor the interest of Tenant in this Lease shall be sold, assigned, transferred, mortgaged, pledged, hypothecated or otherwise disposed of, whether by operation of law or otherwise, nor shall the Premises in or any part thereof be sublet or subject to any license or concession without the prior written consent of Landlord in each instance. The safe or transfer of stock (or equivalent if Tenant is a business form other than a corporation) constituting a controlling interest in Tenant or Tenant's Guarantor shall be considered for the purpose of the Lease to be an assignment and likewise shall require Landlord's prior written consent. 2. (a) Tenant acknowledges that it has had the opportunity to fully inspect the Premises prior to entering into the Lease and is aware of the condition of the Premises and the suitability of the Premises for the conduct of the Tenant's business operations. (b) Tenant agrees that it is leasing the Premises in "as is" condition: that is; Tenant's entry into the Lease and acceptance of possession of the Premises is not in any way conditioned on any promise or agreement by Landlord to make any repairs, alterations or modifications to the Premises �J Tennant agrees to the follo�ng add,t.onal rdspons�b the Tenant shall perform. (a) Tenant shall obtain the services of a refuse garbage /waste company who shall provide a dumpster or other suitable garbage container of adequate size and with adequate frequency of pickup so as to accommodate Tenant's needs. Tenant shall allow Landlord to deposit Landlord's refuse with Tenant's. (b) Tenant shall keep the front sidewalk area of the entire building free and clear of debris, ice and snow. Tenant shall use rock salt or the equivalent as needed. (c) Tenant shall keep the basement free of debris and broom clean at all times. Tenant shall also keep the basement and basement stairway lighting in good working condition and replace burnt out light bulbs as needed. (d) Tenant shall maintain and keep the electrical wiring junctions, outlets, and lighting in good working order at Tenant's expense. Tenant shall also keep the plumbing, including drains, fixtures, sinks and lavatories in good working order at Tenant's expense. In the event Landlord directs that Tenant repair any electrical or plumbing fixture article, Iine or 2 apparatus, and Tenant fails to do so within ten (10) days thereafter, Landlord may have the repair made and may present the bill for services which sum shall be treated as additional rent. In the event any repair iC deemed by Landlord to be an emergency in nature, Landlord may effectuate the repair immediately without restriction to the ten (10) day notice. (e) Tenant shall control odors, Fumes, smoke and aromas in and around the leasehold premises and prevent same from entering the second floor of the leasehold premises. (f) Tenant shall use the premises for the purposes of operating a bar /restaurant and shall maintain a valid Erie County Health Department permit at all times. Tenant shall not permit a violation of any New York Mate Liquor Authority rule or regulation or violate any New York State or Federal statute. 4. Tenant shall not use, occupy or permit to be used or occupied the loading zone area on Pearl Street except for temporary drop off and delivery of goods and products. 5. (a) Prior to entering into possession of the Premises under the Lease, Tenant shall deliver to Landlord proof, in a standard format, of general business liability insurance coverage in an amount not less than $1,000,000 single limit, per occurrence, and naming Landlord as an additional insured. 3 6. Tenant shall be responsible for payments of his /her utilities and his /her proportionate water bills as set Forth below. Water shall be apportioned at ninety percent (90 %) to the Tenant and ten percent (10 %) to the Landlord up to a maximum of two hundred and fifty dollars ($250.00) per quarter. Water will not be separated. 7. Tenant shall make all interior renovations at Tenant's own cost. Major interior renovations and /or structural changes will require permission of the Landlord. Tenant's exterior renovations and maintenance may include awnings, lighting and signage requiring prior consent of Landlord. All fixtures and kitchen/bar equipment and Furniture shall remain with the demises premises at the expiation of the lease. 8. Tenant may erect advertising signs on the front of the building over the main door and on the south, north and west sides of the building providing they do not interfere with any windows, Tenant shall be responsible for any permits. 9. (a) Landlord shall be responsible for obtaining fire and casualty insurance for the premises. This insurance shall cover the building and 4 shall provide coverage for LandIord's contents as well, (b) Landlord shall be responsible for paying all real property taxes for the property . 10. (a) Landlord and Tenant agree that Tenant shall have a THREE (3) YEAR LEASEHOLD (b) Tenant shall have the option to renew this lease upon the same terms and conditions herein, except as set forth below: (i) Tenant shall provide landlord with written notice of intention to exercise his renewal option six (6) months prior to the expiration of this initial leasehold. (ii) All terms and conditions shall. remain in full force and effect except that rent shall be at a rate of three thousand five hundred ($3500) US dollars per month, (iii) The option period shall be for another three-year leasehold. 11. The terms of the leasehold shall be as follows: 12. The monthly rental sum of THREE THOUSAND US dollars ($3,000.00) per month shall be paid with the first month being pro rated on a daily basis. 13, Rental payments shall begin TWO (2) MONTHS after business operations open to the public, but in no case more than ONE HUNDRED AND TWENTY (120) DAYS after execution of this lease. 14. No new keys may be made for leasehold premises without prior permission of the landlord. 5 l' 15. Tenant shall pay his last month's rent and no security deposit for a total of THREE THOUSAND U. S. DOLLARS ($3,000.00) upon execution of this lease- 16. Monthly rent is due not later than the fifth business day of the month. Payment beyond that date is a violation of the lease. Acceptance of late payment by the landlord does not in any way diminish landlord's future rights and remedies should landlord elect to enforce same. A late fee of 5% shall be assessed if rent is tendered beyond the 5 th business day of the month. 17. In the event tenant's check is returned for insufficient funds or any other reason, a returned check fee of one hundred dollars ($100.00) will be immediately due and owing to landlord. In such event landlord has the right to demand all future rents be paid in the form of cash, certified check or money order. 18. Any violation of paragraphs 3(f), 16 or 17 above is a violation of the leasehold that will allow the landlord, at the landlord's option, the right of re -entry and repossession of the premises, upon 5 Business days written notice to the tenant. 19. Tenant hereby acknowledges that tenant has fully read and understood this lease and that tenant has had full opportunity to have this lease reviewed by 6 legal counsel 20. This Agreement shall be governed by the laws of the State of New York, Dated: June 15, 2009 GARVEY ENTERPRISES - LANDLORD Dated: June 15, 2009 TENANT - -Touch Enterprise, Ine. 7 legal counsel 20. This Agreement shall be Dated: June 15, 2009 by the laws of the State of New York. Y MWAH Dated: June 15, 2009 TEN T —Touch Enterprise, Inc. 7 Mr. Fontana. moved: That the above communication from the Department of Economic Development, Permit and inspections Services, dated February 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 IV License to Tony Vaillant dfbla The Barcelona on Pearl located at 414 Pearl Street. Passed. 14 TAS:rmv T- NwP604tw"rd\miv%14c3- 2a.doe x A'S'E * NO X FONTANA FRANCZYK OOLOMBEK x HAY ES KEARNS LOCURTO RWERA x RUSSELL SIMTH aj s5 2/3- 6 3/4- 7 000.x.7 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: February 18, 2010 Froze: Department of Economi€ Development, Permit & Inspection Services Division;: Office of Licenses Subject: [: Used Car Dealer [: 2028 Niagara (NORTH) Tvac in iJover and [: 1 Lower Case Only ( [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (TvDe Single Space Below): Pursuant to Chapter 251 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2028 Niagara St 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 Tina Pawlowski. The attached thereto for Tina Pawlowski dba/ Prolific Automotive Group Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED iIR COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Ty ,pe Title: IN BRIM COMMISSIONER ,.` 5l Signature of Department Head: JC_PS:jad ( Date. February 18, 2010 "T®.. James Comerford, Interim Commissioner From. Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 2028 Niagara. Per pity of Buffalo Ordinance Chapter 254, the following is a check list of requirements for,. Ysed Car Dealer Licenses application to the Common Council: - f / , oning Office P-, ,11f � Prevention J � `, =wilding Inspection J/_11 Police Department Police Record Check J Application Director`Permit & Inspec� ion Servic0s=� i' f i z f_: s a� z d to c 11eG l �rtd t� � �l trl w York State T date T� #ftitp -ed at y our plcs �f e t� .0 -4 irate will cause it to be re ay rtes piotcpied or reproduced. a - - _ Mmographs . >' L a� z d to c 11eG l �rtd t� � �l trl w York State T date T� #ftitp -ed at y our plcs �f e t� .0 -4 irate will cause it to be re ay rtes piotcpied or reproduced. a - - _ Mmographs . 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: PROLIFIC AUTOMOTIVE GROUP INC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER- REFERRAL RRAL DATE: REMARKS: DISAPPROVAL REASON: 2028 NIAGARA (716) 818 -4825 NO 00 TINA PAtk'LOWSKI (716) 818 -4825 554601 06/05/2004 NEW LICENSE 2010 (TO BE COMPLE'T'ED BY AGENCYIDEPAR"T`MENT REFERRED TO) MAX. NO.OF VEMCLES ALLOWED 5 � DISAPPROVED DISAPPROVAL CALLBACK DATE. l / /4 DATE: DATE: *''REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �/� 6 RM[# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSGp2.rp1 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: PROLIFIC AUTOMOTIVE GROUP INC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: 2028 NIAGARA (716) 818 -4825 NO 00 TINA PAWLOWSKI (716) 818 -4825 554601 06/05/2009 REMARKS: DISAPPROVAL REASON: NO USE. PLANS NEVER APPROVED. NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: , a DISAPPROVED DATE: DISAPPROVAL DATE: CALL. BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM##' EXT•� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt 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: PROLIFIC AUTOMOTIVE GROUP INC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DAVE: REMARKS: DISAPPROVAL REASON: 2028 NIAGARA (716) 818 -4.825 NO 00 TINA PAWLOWSKI (716) 8184825 554601 06/05/2009 NEW LICENSE 2014 f /j , - yf -) I-,- NO USE. PLANS NEVER APPROVED. (TO BE COMPLETED BY AGE NCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW *** RENIARKS: INSPECTOR RIVI #4 "/ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlipl.rpt ""K '- 6 4� M4 el P -147C (REV. 3/9 , 6) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FOB t There is a $10,00 fee to process this data. By mail, payment MUSS' 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 WALL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL . r NAME OF A-PPLICANT: � i/L / � �� r� /� f /MAIDEN NAME " IV- �1-, s SEA. RACE - � , E CURRENT EN'T ADDRESS. e c' : � tA l V&) DATE OF BIRTH: � SOCIAL, SECURITY REASON FOR REQUEST ��� �e�3 �� •�� -� �� `` SIGNATURE OF APPLICANT — -°` DATE STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO } On the? day of ( t _ 20� Y , before me personally appeared p t; , to me known to be the same person described in, and who executed 46(�AK#�trument and acknowledged the execution thereof. Notary Publio In the State of Now York Qualified in Erie County Reg. No. 01M16124578 My Commission E xpires Mar, 28, 20 Notary public / ommission r f Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL * * * * * * * * * * * * * * * * * ** RECORD ATTACHED VERIFIED BY NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS IINFORIIATION IS. NOT LASED ON FINGERPRINT 11DENTIII+'1[CA`Il`ION. DO NOT RETAIN AR"t'RP 69 P.AVS 'lt�rt M II➢ATE VERY]FIED- NOT _VALID U U� STAMED. CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 13YRON W. BROWN �� I ��� APPLICATION MUST 13E COMPLETED Mayor ` I FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS {PLEASE CHECK LICENSE CATEGORYfS) APPLYING FOR) r BRIAN REILLY Commissioner JAMES COMERFORD, Jr. Deputy Commissioner Date ! ° , -3 20 USED CAR DEALER SECOND HAND DEALER SCRAP PROCESSOR GARAGE SALE WHOLESALE JUNK (JUNK YARD) RLEA MARK T (NO.OP VENDORS ) APPLICANT NAME f I e`:'� PIIgNEt3. ADDRESS 1 Y ii I C STREET) CITY TOWN OR VILLAGE S/ATE) ZIP APPLICANT D/Of4 OF BIRTH JA",d iael,t efi f ilMTED STATES CITIZEN (YES) (NO) HAVE YOU EVER BEEN CONVICTED OF A CRIME? A) U CORPORATION NAMES ` DATE INCORPORATED I BUSINESS NAME ••� /; . _- } - — PHONI N �[1 - (C/ -� V BUSINESS ADDRESS � a t i •" (NO., STREET) N(CITY, TOWN OR V (=STATE) (ZIP) orvziil, t T J _ STATINNX I NUMBER F C S r�) S Subseribed ,itid sworn to before me i � day ; 20 ! Co a for the City of Buffalo, ew York HEATHER MILLER Notary Publio in the state of New York Qualified In Erie County Reg, No, 01 Mi6124678 My Commission Expires Mar. 28, 24� ApplicauSignafure NON REFUNDABLE APPLIC'ATION FEE Office of Licenses 65 NIAGARA SQUARE /313 CITY HALL BUFFALO, NY 14202 -3303 (716) 851 -4078 / FAX: (716) 851 -4972 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 000 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL N TO: THE COMMON COUNCIL: DATE: 02/12/2009 FROM: DEPARTMENT: Administration & Finance SUBJECT: [ - .Second Quarter Gap [:2009 -2010 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. f Item No. xxx, C.C.P. xxlxxlxx) At the Second Quarter, the City is projecting a $1.9 million surplus for the current year ending 6/301201 O. With the potential greater state aid cuts than we have been notified hereto for, the Budget office is taking measures to reduce expenditures including freezing service and supply allocations and are reviewing and approving each individual request. We are anticipating revenues to be over budget due to the sale of Goodrich Street and the receipt of Medicare D payments. There are savings in city wide personal services and utility costs continue to come in below budget. The administration recognizes the fiscal concerns facing the nation and New York State and will continue to budget and manage in this manner. SIGNATURE DEPARTMENT MEAD TITLE: Director of Budget, Administration and Finance REFERRE TO 1 COMMITTEE ON FINANCE. F FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 0009 z MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 24, 2010 FROM : Department of Community Services and Recreational Programming PRIOR COUNCIL REFERENCE: None PERMISSION TO RECEIVE FUNDS FROM THE NEW OR STATE COMPLETE DEPARTMENT OF STATE CENSUS GRANT .. O - _. -. Tl The City of Buffalo applied and has won an award for approximately $109,000 from the New York State Department of State to fund a campaign to insure that Buffalo has the most accurate census count possible. The current poverty rate in the City is almost BO %, ranking Buffalo as the third poorest large city in the nation, with a poverty rate surpassed only by Detroit and Cleveland. Along with high poverty, the City is faced with the reality of having 30% of its population functionally illiterate, leading New York State in teenage pregnancy, mortality and low birth weight, and ranking number six in the nation for children at risk for lead poisoning. These social ills are the result of a depressed economy creating a low tax base for city revenues and a city budget which requires significant aid in federal and state funding. Likewise, the low income residents are also dependent on social supports. Because much of this funding is allocated on the basis of population and other factors, it is imperative that the City of Buffalo achieves the maximum possible census count. The City of Buffalo is the regional hub of Erie County and the Buffalo/Niagara region; thus formula funding directed to the county for distribution to city residents is directly impacted by a maximum census count in the City of Buffalo. Every available dollar of funding is needed for education, workforce development, social supports and economic development opportunities. There is a mandate for a Census Complete Count. The City of Buffalo is uniquely positioned to lead the Complete Count effort due to its myriad relationships with educational, government, community - based, faith - based, non - profit and for - profit organizations. Not only will the city convene organizations for coordination of media and outreach campaign, but also the city will utilize its own communications network including the 311 Call Center, the city website and direct mail of bills for city services. The 311 Call Center fields over 80,000 calls annually from citizens and property owners, and provides an opportunity to advance messages such as the importance of census participation. The City is directly connected to the hard to count (HTC) populations via our responsibility to every resident and household in the city limits in terms of public safety and city services. Having reviewed the Census 2010 maps for hard to count populations, we identified 63 census tracts with an HTC score of 61 or higher. These tracts yielded a Census 2000 population count of 100,000 residents, or almost 1/3 of the population of approximately 292,000 as of the 2000 Census. We will continue to analyze this data, along with our partners, to identify grass roots organizations and local gathering places in each of these tracts. The city will match geographic targets with block clubs /resident councils operating in the hard to count census tracts, as well as specific ethnic populations, which also are often found in residential clusters. There are 103 polling sites in the City of Buffalo, which represent familiar locations in every neighborhood. We will contact organizations responsible for these sites in the hard to count tracts and provide posters and flyers. We will further request that they host census information meetings or allow census presentations along with their regularly scheduled events, Information about Co-Applicants The Buffalo Public Schools (BPS) are a constant partner with the City of Buffalo in many initiatives, most notably the $10 million 10 year Joint Schools Construction Project to renovate city schools. Education funding is at stake, and will depend on the highest possible count of residents. Not only does BPS have a critical stake in a complete count, but also BPS is uniquely positioned to reach out to the families of the children it serves. Families for whom English is the second language are a key group in the hard to count population, and often the children are more proficient in English than the parents, and serve as translators and message bearers. In addition to targeting the immigrant and low English proficiency populations, the BPS will add intensified census promotions at the schools located within the HTC census tracts. The BPS is also a direct partner with the Census 2010 Buffalo office, and will receive lesson plans for use in promoting census participation. Further, the BPS has "robocall" capability through which it can reach every household of its students, which is used to transmit critical school information in a matter of hours. In 2007, the Buffalo Public Schools served over 2400 children, grades K -8, with limited English language proficiency. The top five languages in rank order were Spanish, Somali, Karen, Arabic and Burmese, of a field of over 60 languages identified as primary languages for BPS students. The school data is also available by zip code, and will help to identify the specific neighborhoods where outreach workers can target materials in the language most familiar to the residents. The Community Action Organization of Erie County, Incorporated (CAO) is a very close partner with the City of Buffalo on the city's Anti - Poverty Blue Print Initiative. The CAO is the official anti - poverty agency of Erie County with programming targeted to a low- income families, ex- offenders and unemployed individuals. in particular, the CAO reaches thousands of families through its Head Start and Early Head Start Programs, Food Pantries, Neighborhood Services Centers, Medical Center, Employment and training services, drug treatment programs, senior services and Family Development and Housing Programs. Each CAO center will be utilized to promote census participation with poster displays and opportunities for small group presentations within settings of pre - existing programs. Many of these centers are located in the high score HTC census tracts and are trusted and familiar gathering places that will be ideal for census outreach and promotion. Through its family services programming, the CAO will target transient fathers who are a group that typically avoids government tracking for fear of the impact either on their having to pay child support or on their children's ability to receive social services. Census outreach workers will need repeated message delivery with this population to insure the transient fathers understand the confidentiality of the count. In addition, it will be important to have the CAO locations as "to be counted" centers for those transient fathers who desire not to be connected with a particular residence's census report. One important outlet for reaching this group will be barbershops. Outreach workers will post flyers and visit barbershops for small group "presentations." CAO is also a partner for Census Complete Count through the State Association of Community Action Agencies and as a direct partner with the Buffalo office of the Census. The Block dubs and Neighborhood Associations -EC, Inc. is a coalition of over 650 neighborhood groups in the City of Buffalo. This group is recognized as one of the most effective grass -roots organizations in the City, given that Block Clubs are made up of small groups of concerned citizens who are active on issues from crime, to beautification, to environmental justice, social support funding and general quality of life. The Block Clubs partner with the City on many initiatives, most recently, the Mayor's Green Team recycling efforts. One reason that the clubs are so effective is that neighbors are promoting issues to neighbors and friends, thus the trust level is very high and relationships are well developed. This group is a powerful implementer of door -to -door campaigns, and has proposed to utilize their email network, newsletter, club meetings and door -to -door organizers to promote participation to yield a complete census count. Catholic Charities of Buffalo (CCB) has provided services to the immigrant and refugee populations in Western New York since 1923. CCB's Immigration & Refugee Assistance Program, the largest of the four resettlement agencies in Western New York, resettled over 500 refugees in 2008 and resettled over 700 refugees in 2009. CCB has provided resettlement services to a variety of ethnicities including: Afghans, Amerasians, Angolans, Benadirs, Bhutanese, Bosnians, Botswanans, Burmese, Burundians, Cambodians, Cameroonians, Congolese, Croatians, Cubans, Czechoslovakians, Eritreans, Ethiopians, Hmong, Hungarians, Iranians, Iraqis, Laotians, Liberians, Nigerians, Polish, Russians, Rwandans, Serbians, Somalis, Sudanese, Togolese, Ukrainians. Outreach through this existing network will be critical to gaining \� participation of immigrants and refugees who will need a trusted reference promoting participation in the Census. Generally, this is a very under - represented population because of the fear of deportation if identified. CCB also partners with small organizations led by immigrants and refugees, such as the Buffalo Immigrant and Refugee Empowerment Coalition (BIREC). Catholic Charities of Buffalo's Immigration & Refugee Assistance Program is a recipient of a Refugee Social Services Contract, a New York State Refugee Resettlement Assistance Contract and a Targeted Assistance Contract through the New York State Office of Temporary and Disability Assistance's Bureaus of Refugee and Immigrant Assistance. As such, they are a designated provider of employment services and English as a Second Language (ESL) training. CCB is also the regional delivery program for the Women Infant Children (WIC) social assistance program. It is our belief that one of the targets for undercounted populations should be transient fathers. These individuals may believe that if they are counted, they will be targeted for child support, or that they will cause the cutoff of social service funding to their children. Through WIC Centers, CCB can begin a campaign to promote the use of the "to- be- counted centers" for census registration by fathers who do not want to be affiliated with a particular address. The Erie Regional Housing Development Corporation, including The Belle Center, provides services to South West Buffalo area that rates 85+ on a scale of 0 -200 in terms of populations that are hard to count. The Belle Center is known for its AmeriCorps program, which engages youth in community service to seniors, to students, and in community beautification efforts. The Belle Center is in the heart of a Latino community, and also is a part of the Erie Regional Housing Development Corporation which manages properties owned by the Buffalo Municipal Housing Authority in the said neighborhoods. The Belle Center collaborates with the City of Buffalo on a number of initiatives, including the Mayor's Summer Youth Employment Program, the Mayor's Green Team recycling campaign, and the Winter Youth Employment Program. Having provided thousands of hours of services removing graffiti, shoveling snow for senior citizens, cleaning up neighborhood lots and volunteering tutors for neighborhood schools, the AmeriCorps volunteers are uniquely positioned to reach out to residents and encourage census participation. The United Way is a leader in the Buffalo Community, providing funding to 87 nonprofit organizations which represent a very diverse grouping of neighborhoods, health focused organizations, youth empowerment organizations, groups serving senior citizens and more. The United Way is home to the Creating Assets, Savings, and Hope (CASH) Coalition, which targets households with incomes below $45,000 offering free tax preparation and asset building counseling. The City has a working relationship with the United Way a partner in CASH, and City Hall is an income preparation site for this initiative. The City also works with the United Way through the Emergency Food and Shelter Board, which provided leadership during the October, 2006 'Surprise Snow Storm' that left thousands of residents without power, access to critical medical services and without food. 4T_ C The Buffalo Urban League has served African Americans in our city for over 82 years with workforce development training, cultural sensitivity training, family preservation and support, adoption and foster care support services, youth services, senior services, housing and neighborhood services and re -entry services. The Urban League estimates that 80% of their clients live in HTC census tracts. The Department requests your Honorable Body to take immediate action to approve this request to receive grant funding and to empower the Mayor or his appointee and the appropriate staff to sign all pertinent grant contracts and necessary additional documentation. SIGNATURE: •�� _� DEPARTMENT HEAD NAME: Tan a Perrin- Johnson TITLE: Interim Commissioner, K. m munity Services and Recreational Programming RE "< s FROM THE CITY CLERK 0020 �g 1� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 24, 2010 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown (:Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. tltem No. xxx, C.C.P. xx /xx /xx) Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from Wednesday, February 24, 2010 afternoon until Thursday, February 25, 2010 afternoon. I hereby designate Commissioner Steve Stepniak, Public Works, Parks and Streets to perform the Mayor's duties in my absence. SIGNATURE DEPARTMENT HEAD TITLE: or, City of Bu o 062. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL V TO: THE COMMON COUNCIL: DATE: March 1, 2010 FROM: DEPARTMENT: Mayor /Executive SUBJECT: [:Mayor Byron W. Brown [ :Out of Town Travel PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 4-4 of the City of Buffalo Charter, I will be out of state from Tuesday, March 2, 2010 until Wednesday, March 3, 2010 evening. I hereby designate Commissioner Steve Stepniak, Public Works, Parks and Streets to perform the Mayor's duties in my absence. SIGNATURE CA DEPARTMENT HEAD TITLE: or, City of ffalo RECEIVED AND FILED 11 00.E 1201 Liquor License Applications Attached hereto are communications from persons app Erie County Alcohol Beverage Control Board, Address Business Name 898 Clinton St Brandy's 495 Hopkins Brotherz Tavern 432 Franklin St American Legion RECEIVED AND FILED lying for liquor licenses from the Owner's Name Barbara Rowland Terrance Brandy James Ryan Jr st adnrdized ORIGINAL APPLICATION NOTICE FORM for Providing a °. g ,x�; STATE OF NEW YORK ni U 30 -llav Advance N ie to n Local nplcipality or Comnuity Board EXECUTIVE DEPARTh4ENT in ro"nrectfon with the submission to Cite State LiquarAnthorityofthe I) IVIS IpNOFALCL3HOLICBEVI ;rRAGEC ©IVTROL , =w Applicant's Orivinal. (First) On -Pro Alcoholic Beverage License A IicatioA SLATE LIQUOR AUTHORITY for the Establishment Identified in this Notice (Peas 1 of 2) t. Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: I O 2 O f THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIP OR COMMUNITY BOAR 2. Name of the Local Municipality or Community Board: AV= t" c) 1 St3eet Address of Local Municipality or Community Board; 4, City, Town, or Village:� ' NY _ Zip Code: - - •�° / € 5. Telephone Number of Clerk of Local Munleipality or Community Board: [ J _ ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE ? - - — - - - -' - - -- - - -- .. 6. Attorney's Full Name is: �(s(� 7. Attorney's Street Address: /6V 8. City, Town, or Village; ZipCode , j 9. Business Telephone Number of Attorney: l THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT -- WITHIN THE IDENTIFIED ESTABLISHMENT -THE TYPE OF BUSINESS DESCI IBEI3 BELOW 10. Type(s "S° l of Alcohol to be sold under the License ( ne : Bee Wine and Beer Only -- ° - iquor, Winnee, , and Beer _ Only Extent of Restaurant (Sale of Food Tavern- Restaurant (A mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue f i 11. Food Service: primarily; Full Food Menu; has both a sit -down dining area and a °stand -up" bar ar (Alcohol sales primarily - meets legal on Kitchen run by Chef) where patrons tray receive direct deliveries of alcohol) minimum food availability requirements) Typ of Live Disk .lake Patron Dancin g q Cabaret, Night Club, Discotheque capacity for 600 l2 ' Establishment: Hotel Music Jockey Box )Small Scale) (Large Scale Dance Club) or mo patrons 13. I4. t 5. I6. 17. 18. 19, 20. 21. 22. 23. 24. 25. Business E -Mall Address of the Applicant: IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? YeS j No ® I Don't Know ❑ OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSER ESTABLISHMENT WILL BE LOCATED Does the Applicant own the building in If "YES ", SKIP items No. 27, 28, 29, & 30 if ° NO', NR SW E items Na 27, 2$ 29, Se 30 26. which the proposed Licensed C8 ❑ Go directly to Item No. 3I, NO Then continue to Item No. 3 f, Establishment will he located? ( °R° ne and complete the form. and complete the form 27. Building Owner's Full Name is: -- ' f 28. I Building Owner's Street Address: /(JJ 29, I City, Town, or Village: �!°` r � y` _.... [ R/ Zip Code;! 7Vj_ 30. -1 - Business Telephone Number of Building Owner: - . 12.FI M.p.t 011 (. all Club (e.g. Golf / Bed 8 Catering Stage Topless Other that apply# [] Fraternal Org.) ❑ BreaWast ❑ Facility " Shows ❑ Entertainment (Specify): ` ile �L�1J Proposed None Rooftop Pard. Freestandin Garden Other Outdoor Area �„ or Deck ❑ Covered Structure ® Grounds (Specify]: Will the proposed License Holder or a Manager he physically present within the establishment during All Hours or Operation? j'3V nW_g): YES I NO Application Serial Number: The Applicant's Full Name, as it will appear in the application � � for the On - remises Alcoholic Beverage License, is: I The Fall Name of the Applicant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) he The Applicant's proposed Licensed Establishment is located // or within the building which has the followine Street Address: /✓ nl City, Town, or Village: I �(,/ NY I Zip Code: w The proposed Licensed Establishment wilt be located on the following floon(s) of the building at the above address: I U �_I 1 % Within the building at the above address, the proposed Licensed Establishment will be located within the vaom(al numbered as follows: I 6 Business Telephone Number of the Applicant: Business Fax Number of the Applicant: St ndardized ORIGINAL. APPLICATION NOTICE FORM for Providaig a STATE Or NEW YORK EXECUTIVE DEI'ARTI4IitIVT 30- Advance Notice to a L ocal Muni cioal(ty or Comlziutiity Bnard BEVi3EON OF ALCOHOLIC BEVERAGE CONTROL fn connecrton with the srl5missial to the Stale LigrrorAudwritpof the �� Anitlicaut's Original (First) On- Premises Alcoholic Beverage Llcep.�c Av ? „ tictafion . STATE LIQUOR AUTHORITY for the Establishment Identified in this Notice Maas 2 of 2) l:ly' �I:isx.l:i:'n.Alw::. pia:: i n4 .:I:�4�1i•:lv+4•.w4...:'.0 u�i,:! �: l:+ i�.: ln,:, :unuau.nlll•.,y:.ur.iJ�:wu: ��Bdia,: is:. mi:' ii: �: �iuu: il�u' AUUi:a'.i,:.:.iili��:a..:.:.uin ni��Ia�ilnuJ ,.l..nld: I�Wl�'il �.:,.t.4 i:u l•J a:I:J l:IA /.I!: f /:: NJ i;:ri:�lilNfl i: i!i..i', lief /illlii(luJ1':f. Ql�r,W 1 . Ai. uF!lX.l IN ORDER TO MAKE, SURE THAT PAGES 1 AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, _ PLEASE 12E -ENTER IMMEDIATELY BELOW THE INFORMATION REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME. YOUR COURTESIES ARE APPRECIATED 15. ( Application Serial Number: I #� 15. The Apolieancs Full Name, as it will appear in the application for the On- Premises Alcoholic Beverage License. 17 The Full Name of the Applicant's proposed licensed Establishment (the Trade Name y h — under which the proposed Licensed Establishment will conduct business) is: /,fit✓ ��s — in.. :,. :: R, i:::...:.%. u. ur ..il.,.(•..iii.li:ii,i:,l:I:/i. iJ ri:����A:n�:, ,,d I, ., A.r�:l,U..J�,l.Awl•i.�"A.�n. "., �i,x.i.•�:,. Diu uJ�, :. i::• 1:: iii �i... ��..... ..:.i _ INFORMATION REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES THAT Iii CURRENTLY DEMO OPERATED IN THE SPACE' m WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT 31, 1F YOU KNOW - is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you Intend to operate your licensed establishment? Yes I NO I Don't Know Are you buying any asset(sl owned by the operator of the licensed business currently being conducted 31 In the space where you intend to operate your licensed establishment? Yes El N O , (For example: good will, equipment, furniture, cookware, dishware, etc.) IF YOU ANSWERED `YES" TO ITEM 31 or 32, SKIT' ITEMS NO. 33 and 34. GO DIRECTLY TO ITEMS NO. 35, 36, 37, 38, 38, and 39. IF YOU ANSWERED "NO' TO ITEMS 31 and 32, PLEASE PROVIDE THE INFORMATION REQUESTED BY ITEMS NO. 33 and 34. IF A BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES IS NOT CURRENTLY PEINO L PERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE INFORMATION REGARDING ANY BUSINESS LICENSED TO BELL ALCOHOLIC BEVERAGES THAT WAS XOST RECENTLY OPERATED IN TILE SPACE 33 If YOU KNOW - Was a business that was licensed to sell alcoholic beverages previously conducted �__ � in the space where you intend to operate your licensed establishment? Yes t6 t _ ISO E l I Don't Know ❑ Are you buying any assets) owned by the operator of the licensed business that was most recently conducted 34. in the space where you intend to operate your licensed establishment? (For example: good will, equipment, furniture, cookware, dishware, etc.) It--°tl Yes t�3 NO IF YOU ANSWERED "YES" TO ITEM NO 31 or 32 or 33 or 34, THEN PLEASE ANSWER ITEMS NO. 35 and 36 and 37 and 3$ and 39. INFORKA I TH A I OUTT E O ERATOR OPERATE R LICENSED . ... .,... .. .. .. ......... (OR.. MOST ._ .,. -., . .. .. . ..... $IJ9IN13S8 CUIIRENTLY E3EING CONDUCTED (OR MOST RECENTLY CONDUCTED) IN THE SP SPACE ATE HIS /HER /ITS LICENSEE) ESTABLISHMENT. PLEASE PROVIDE THE FOLLOWING INFORMATION: IF YOU KNOW - The Mull Name of the Operator of the licensed business 35. now being conducted (or that was most recently conducted) r/ Gar+ f j I Don't I{noW in the space where you intend to operate your licensed establishment: /��- [[ IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) 3G. k now being operated (or that was most recently operated) j /� in the space where you intend try operate your licensed establishment: -Dz>f „ t' ` , z y I Don't Know ❑ IF YOU KNOW - The alcoholic beverage license serial number of the business 37. now being conducted (or that was most recently conducted) ®�1� I Don't KriOw t� € in the space where you intend to operate your licensed establishment: ° IF YOU KNOW - The Type of Alcoholic Beverage License held by 38, I the current (or most recent) licensed operator: ( '9,19 1 Don't Know ❑ IF YOU KNOW - Telephone Number of the current licensed operator or the most recent licensed operator: [1-­ 39, I Don't Know .- If the Original Application is approved, I am the Person who will hold the License or I am a Principal of the Legal Entity that will hold the License. Representations in this form are in full conformity with representations made in documents that have been submitted 40. (or documents that will be submitted) to the State Liquor Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in any document submitted to the Authority may result in revocation of any license that may be issued. By my signature, I affirm - under Peactlty of Perjury - that the representations made in this form are true. r Printad Name - - Tit]. la -ts. ,vs tom) ° .ES I SI'ATEOFNEWYOAK J:tj I EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL .L,.» 3 e ' STATE LIQUOR AUTHORITY Stuudardua ORIGINAL APPLICATION NOTICE FORM for Pmvidinga 30 -Dav Advance Notice to a Laeal Municinslity or Community Board in connecttan wifir tbesubmfssion to the State Lrquor €rrrkarilyof ti+e Annlicant's Or! tllal First) On-Premises Alcoholic Beverage License Aoloileation, for the Establishment Identified in this Notice (Palle 1 of 2) g co py of this Notice was Mailed to the Local Mun,ci ay .o_.. I. pate the Ori co " r Community Board: THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE FOLLOW] NO LOCAL MUNICIPALITY OR COMMUNITY BOARD 2 Name of the Local Municipality or Community Board: 3. Street Address of Local Municipality or Community Board: l 5� 4. City, Town, or Village: -777 ry age N zip Code: 5. Telephone Number of Clerk of Local Municipality or Community Board: 1 _ t _ ..._....,_ ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ORIGINAL (FIRST) ON- PR.EMiSES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6. Attorney `s Full Name ts: 7. Attorney's Street Address: �� F " `✓7 � (`/ ; ` j / 6® 8. City, Ta,vn, or Pillage; / , [+ It Zip Code: THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT -- WITHIN THE IDENTIFIED ESTABLISHMENT - THE TYPE OF BUSINESS DESCRIBED 13ELOW 30. Type o r Alcohol to be sold under the License ° ense one : - ............................. _--- -- ......_._._.__ - -- __ __ __. — _ Only Wine and Beer only 1 €quor, Wine, and Beer y 9. Bus€nessTelepboneNumber of Attorney; Extent of i t. Food Service: Restaurant (Sale of Food Primarily; Full Food Menu; � Tavem•Restaurant (A mixed -use establishment that Tavern / Co c I Lounge / Adult Venuc / ( °X° one Kitchen run by Chcl) has both a sit -down dining area and a `stared -up' bar where patrons may receive direct deliveries of alcohol} Bar (Alcoho) s primarily -meats legal minimum foar�ifability requirements) 12 Type of Establishment: Hotel ❑ Live f7 Music Disk Jockey tay ri Juice Patron Dancing [] Cabaret, Night Club, Discothe0.tte Box Ismail scale) C paeity for 600 (Large Scale Dance Club) or more patrons { °X' all that applyl Club (e Golf / Bed & Mraternal Org.) Breakfast Catering F-1 Stage Topless Facility Shows C s Other t ` Entertainment (Specify): 13. Proposed Outdoor Area(&): None Rooftop E P Patio Breestanding Garden / 11 or Beck ❑ Covered Structure Grounds Other (Specify): 14. Will the proposed License Holder or a Manager be physically ° I ag p y y present within the establishment during All Hours of Operation? ( "x^ g z: YES NO r 15. Application Serlal Number: } 16 The Apnlicant's Full Name, as it will appear in the appl €cation for fire On -f remisesAlcolrolic Beverage License, is; /!1!� /�C �/`'��a.,, 17. ( The Full Name of the Appl'icant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: I8 The Applicant's proposed Licensed Ei hment is I within the building which has the following Street Address: A- � f ` 19. City, Town, or Village: Y . - �7 { 1 I Zip Code/ / 20. The proposed Licensed Establishment will be located 7-2 the following noar(s) of the building at the above address: j ]� 21. Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) / numbered as follows: 6 22. Business Telephone Number of the Applicant: _ 23. Business Pax Number of the Applicant: 24 • Business E -Mali Address of the Applicant: ttt 25 IF? YOU KNOW - Was there ever an alcoholic beverage license in effect for the space wh you intend to operate your licensed establishm ere ent? Y T NOEITI D.n t i{YtOW 1®1 L t OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED Does the Applicant own the building in if `YES', _, KLE items No, 27, 28, 29, 8s 30 26. which the proposed Licensed Go directly to Item No. 31, Establishment wfil be located? ('A' one) X85 D and complete the form. 27. puitding Owner's Fuli Name is: 28. Building Owner's Street Address: A 29. City, Town, or Village: 30. Business Telephone Number of Building Owner: ` + If `NO', ANSWER items No, 27, 28, 29, & 30. O Then continue to Item No. 31, and complete the form. /V Zip Code: !„ rzl- f ap +R STATE OF NEW YORK SI- Ildardued ORIGINAL, APPLICATION NOTICE FO" forprovrdrng EXECUTIVE IMPARTISIENT 3Q -_D_av Advance Notice fo a Local Municlnality or Communitv Beard ,s DIVISION OF ALCOHOLIC BEVERAGE CONTROL in eannecriar vitlr the s,rbtnisslan ro the State LigrrorAuJhority ojthe / yw3 SPATE L(QUOR AUTHORITY Almlicant's Original (First) On- Premises Alcoholic tleveraKe License An tic t' for the Establishment Identified in this Notice (Pace 9.f 91 PLEASE RE -ENTER IN IMME TOO MAK BE LOW SURE TH t PAGES 1 A ND N 2 OF YO R NOTIC PARE N SE PARAT ED OR MISPLACED, ,{,r`til, ,ill; ✓Ad., i %r`. „i:.: ,ii, • „ ri:,.ie ,iii.:, RE NOT SE PARATED N CATION SERIAL NUMBER, NAME, AND TRADE NAME. - YOUR COURTESIES ARE APPRECIATED 15T Application Serial Nurnber; 1G. The Anmlicant's Full Name, as it will appear in the application for the On- Premises Alcoholic Beverage License, is: ��% 4-2 =n X /. lam✓ pp Lice nsed Establishment will cent thonduct b e Trade Name � P ,..:• I, 1T, s proposed licensed Es[ablishm • , Th e u amen antler which the . a leant ” -- INFORMATION REGARE ANY BUSINESS LICENSED TO SELL ALCOHOLIC SPIVER40ES THAT IS CURRENTLY BEING OPERATED, M THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT 31. IF YOU KNOW - Is a business that is licensed to sett alcoholic beverages currently being conducted — - - in the space where you intend to operate your licensed establishment? Are you buying any assegs) owned by the operator of the licensed business currently being conducted 32. in the space where you intend to operate your licensed establishment? (For example: good will, equipment, furniture, cookware, dlshware, etc.) Yes ❑ No 1 Don't Know Yes ❑ No • - ° -- ---_ ...i. -sue_ _..__.�...._.� . .� _ f .. . IF - Y U A SE12I 13 ANSW M E $- 1 or KIP PLEASE O. 3 P 3 and 34, S KIP IT DIRECTLY TO ITEMS NO. 35, ate, 37, 3$, 38, and 39. 14i I F I TO ITEMS and PROVIDE THE INFORMATION REQUESTED BY ITEMS NO. 33 and 34. IF A BUSINESS LICENSED TO SELI, ALCOHOLIC BEVERAGES ]S NO'I CURRENTLY BEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE INFORMATION REGARDING ANY BUSINESS LICENSED To BELL ALCOHOLIC BEVERAGES THAT WAS MOST RECENTLY OPERATED IN THE SPACE 33. IF YOU KNOW - Was a business that was licensed to sell alcoholic beverages previously conducted - In the space where you intend to operate your licensed establishment? Yes � No ® 1 Don' Know Are you buying any asset(s) awned by the operator of the licensed business that was most recently conducted 34, in the space where you intend to operate your licensed establishment? (Far examp)e: good will, equipment, furniture, cookware, dishwate, etc,) Yes ❑ No D "YES" TO ITEM NO. or 31 3 HE IF YOU ANS6Vl3RE or 33 or 34, THEN PLEASE ANSWER ITEMS NO, 35 and 36 and 37 and 38 and 39. INFORM Rffi ERE THE APPL APPLICANT INTENDS OO O RATE HIS/HER/IINESS CURR ESTAB RING GOND C OND U CT E D (O PRO'4 ST RECENTLY C ONDUCTED) THE T . LICENSE C SPACE `� Ig'Il4Ci INFORMATION, IF YOU KNOW - The Pull Name of the Operator of the licensed business 35, now being conducted for that was most recently conducted)_ in the space where you intend to Operate your licensed establishment: IF YOU KNOW - The Fu Name of the licensed Establishment (the Trade Name) 36. now being operated (or that was most recently operated) in the space where you intend to Operate- your licensed establishment: IF YOU KNOW - The alcoholic beverage license serial number of the business 37• now being conducted for that was most recently conducted) in the space where you intend to operate your licensed establishment: 38 1 1F YOU KN04W - The Type of Alcoholic Beverage License held by the current (pr most recent) licensed operator: 39. IF YOU KNOW - Telephone Number of the current llconsed operator or the most recent licensed operator: I Don't Know IK If the Original Application is approved, I am the Person, who will hold the License or I am a Principal of the Legal Entity that will hold the License. to Representations in this farm: are in full conformity with representations made in documents that have been submitted for documents that will be submitted) to the State Liquor Authority, and relied upon by the Authority. I understand that representations made in this form will be also relied upon by the Authority, and that false representations in any document submitted to the Authority may result in revocation of any license that may be issued, By my signature, I ati"= - under Penalty of Perjury - that the representations made in this form are true. Printed Name tiC Till. signature � L- 7 , ) , 14-4_._ 1 Don't Know ❑ �L'/9L(< �f ,?.,,�IF I Don't Know ❑ //D Y�9 1 Don't know ❑ 1 Don't Know ❑ M MIX i " " • i . � A CITY OF BUFFALO FEBRUARY 20 2010 BUFFALO CI'T'Y HALL RM. 1308 OFFICE OF THE CITY CLERK BUFFALO, N.Y. 14202 .Y�111 =40 - "oXtIN DEAR SIR, TROOP "I" POST NO. 665 OF THE AMERICAN LEGION INC WILL FILE WITH THE NYSLA AN APPLICATION FOR EXTENSION OF THEIR EXISTING PATIO PERMIT TO INCLUDE THEIR SIDE YARD/LAWN ADJACENT TO THE EXISTING PATIO. WE WILL ENCLOSE WITH OUR PATIO PERMIT APPLICATION A CERTIFIED MAIL RECEIPT. NOTIFICATION RIDER "NOTICE TO MUNICIPALITY /COMMUNITY BOARD IS ENCLOSED. A COPY OF OUR REQUEST TO MAYOR BROWN TO WAIVE THE 30 DAY NOTIFICATION IS ALSO ATTACHED. THANK YOU FOR YOUR CONSIDERATION OF OUR REQUEST. YOURS IN THE RIC LEGION, i - . RY at ADJUTANT /SECRETARY rri ry -' 01 CITY OF BUFFALO CITY HALL CITY OF BUFFALO, NEW YORK OFFICE OF THE MAYOR ATT: THE HONORABLE BYRON W. BROWN MAYOR OF THE CITY OF BUFFALO HEAR MAYOR BROWN. TROOP " I" POST NO. 665 OF THE AMERICAN LEGION, INC WILL FILE WITH THE NEW YORK LIQUOR AUTHORITY A PETITION TO APPROVE A EXTENSION TO OUR CURRENT PATIO PERMIT. THE EXTENSION WILL INCLUDE OUR SIDE LAWNIYARD COMPLETELY WITHIN OUR PROPERTY BOUNDARIES AD7ACENT TO OUR LICENSED BUILDING AND PATIO. OUR COMPLETELY FENCED IN PROPERTY WILL NOT INTRUDE ON THE CITY SIDE WALK OR FRANKLIN STREET. WE WOULD BE MOST APPRECIATIVE IF YOU WOULD WAIVE IN WRITING THE 30 DAY WAITING PERIOD PRIOR TO NYSLA APPROVAL. WE HAVE WRITTEN TO THE CITY CLERK CITY OF BUFFALO BY REGISTERED MAIL, RECEIPT ADVISING THAT OUR REQUEST IS FOR NOTIFICATION PURPOSES ONLY AS THE PATIO WILL BE ON OUR PROPERTY AND NOT ON THE CITY SIDEWALK OR STREET. THANK YOU FOR YOUR CONSIDERATION OF OUR REQUEST. YOURS IN THE AMERICAN LEGION, S F. RYAN JR` ADJUTANT /SECRETARY 000 2`1 No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium 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. #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE February 11, 2010 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 February 10, 2010, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary Absent: Eleanor C. Wilson- DiVincenzo, Secretary DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 6 � Ir.,_ "" 1 1 1 ®00' No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern, F R i r� _�l #4 (Rev 7 -07) Certificate n n ,\ In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or proniotiou (s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hmnan Resources /Civil Service for the Appointment Effective: 02/0112010 in the Department of Common Council Division of City Clerk to the Position of Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) SEASON Open-Competitive, Promotional, Non - Competitive, Exempt (insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY I1,r N NAME Ashley Glichowski ADDRESS 205 Marine Drive Apt 5B CITY & ZIP Buffalo, NY 14202 LAST 4 DIGITS OF SSN. XXX-> X -6894 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5030 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: February 11, 2 10 SIGNATURE OF APPOINTING AUTHORITY. tl �� ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATEI, OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (Rev 7 -07) Certificate In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment {s) or promotion(s), I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 02116/2010 Common Council City Clerk Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Roxanne Chase ADDRESS 57 Fillmore Ave CITY & ZIP Buffalo, NY 14210 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -6894 DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5031 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE.: ebr 11, 2010 r SIGNATURE OF APPOINTING AUTHORITY:. - /. 1. 1)14A /)A ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIE=S TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0002- 5 r� No. V Appointments T Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . VV #3 (Rev 1 -02) Certificate ire 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) nained in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: February 22, 2010 in the Department of Audit and Control Division of Audit to the Position of Senior Auditor Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) PROMOTION Minimum, Intermediate, Maximum, Flat (Insert one) FIRST STEW iEnter Starting Salary) : Starting Salary of $43,484 LAST JOB TITLE Assistant Auditor NAME Ann Marie O'Donnell LAST DEPARTMENT Audit and Control DATE 512612009 ADDRESS 18 Meadows Views Place LAST SALARY $ 43,083 CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX - XX - 6295 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX-XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10442001 TITLE CODE NO 0470 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5038 SALARY RANGE OF POSITION $43,484 - 48,930 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Andrew A. SanFilippo TITLE OF APPOINTING. AUTHORITY: Comptroller DATE: 2l-�212010 , Y/ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (O /BEFO APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE ##7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS February 24, 2010 David A. Franczyk, President City of Buffalo Common Council 1 315 City Hall Buffalo NY 14202 - R?k Revitalizing Urban Neighborhoods, Inc. Dear Mr. Franczyk: We would like to thank you very much for your past support of our efforts to clean up blighted City properties. Your personal contribution to Revitalizing Urban Neighborhoods, Inc. underscores your concern and interest in seeing a reduction of the blight that affects our City. We particularly appreciate the assistance we have received for our Wilson and Sycamore project from the Administration, BURR and the Council. The project was not without its pitfalls, but we believe that the final result was well worth the work we put into it and that it has returned, many times aver, the shall investment made in it by the City and BURR. We are anxious to do more projects and we would appreciate the opportunity to meet with the Common Council to discuss our past work, our current proposals and various ways that our public /private partnership with the City can flourish. We look forward to having that opportunity. Sincerely yours, Revitalizing Urban Neighborhoods, Inc. - -- By: REFERRED TO P`�OMAAITTEE ON CUMMuNy FY DEVEC)PMENT, ADavid J resident Cc: Janet E. Pe)iksca, Commissioner of Administration & Finance, Policy & Urban Affairs Sandra Miller, Special Projects Manager, Buffalo Urban Renewal Agency City Clerk, 13 Floor, City Hall L:1Letter to ,mid 022410- fop, t, V THOMAS P. DINAPOLI STATE OF NEW YORK STEVEN J. HANCOX CO MPTROLLER OFFICE OF THE STATE COMPTROLLER DEPUTY COMPTROL I IQ STATE STREET DIVISION OF LOCAL GOVERNMENT ALBANY, NEW YORK 12236 AND SCHOOL ACCOUNTABILITY Tel; (518) 474 -4037 Fav (518) 486 -6479 Febr 16, 2010 Honorable Byron Brown, Mayor S - rA 7_Z" L I `-- City of Buffalo 1� c � f ' ' C_7 201 City Hall V Buffalo, New York 14202 Dear Mayor Brown: The Division of Local Government and School Accountability of the Office of the State Comptroller has selected the City of Buffalo for an audit. The audit will focus on the City's internal controls and enforcement over elevator inspections. Our audit will cover the 2009 fiscal year through the entrance conference date. We have scheduled an entrance conference to begin the audit at 313 City Hall located at 65 Niagara Square, Buffalo, NY at 11 :00 a.m. on Monday, February 22, 2010. At the entrance conference, City officials will be able to ask questions about this audit and about the resources the examiners will need. Please inform members of the City's audit committee and the Common Council of the date and time of the entrance conference so they will have the opportunity to attend. Our audit staff will be available to meet with any audit committee members or council members, including those members who are unable to attend the entrance conference, at any time during audit fieldwork. Attachment A lists some of the records and information we expect to review during the audit. We appreciate your cooperation in providing us with as much of this information as possible at the entrance conference. During the course of the audit, we may need to request other information as well. We recognize that an audit places additional demands on you and your staff and we will do our best to minimize disruption to your day - to -day operations. We have enclosed a copy of our publication, Understandiniz the Audit Process, which explains we conduct our audits. At the conclusion of our audit, we will report on the audit's results and provide recommendations to help improve your City's operations. As a key City official, you will have a role in monitoring any corrective actions that needs to be taken as a result of this audit. Therefore, please feel free to ask questions about the audit at the entrance conference and about the audit's progress at any time during the audit engagement. If there are any questions that you have at this time, please contact Tamara Besse at (585) 454 -2460 or me at (607) 7218306. .: TO THE COMMI �p: �rhiina ON FINANCE, 9d School cipal Examiner of Local Government Accountability cc: Mr. David A Franczyk, Common Council President Mr. James Comerford, Commissioner of the Dept. of Economic Development Enclosure Attachment A Initial Request for Records and Information • Access to minutes of the City Council. • Any written policies and procedures and local laws regarding the oversight, review and monitoring of elevator inspections. • Access to all elevator inspection records for the past two years, including: • Inventory list of properties with elevators • Inspection reports /certificates on file with the city • Review schedules to monitor inspections o Complaint letters about elevators or other documentation of elevator incidents and follow -up performed. • List of inspectors employed by the City. • Access to financial data, including revenues and expenditures pertaining to the inspection of elevators, or permits for elevators. This list is not intended to be all - inclusive. Other documents will likely be requested during the course of the audit. r rr BUFFALO-NIAGARA City of Buffalo 000.;'s A 10- Pr -6 TO: GBNRTC -PCC Members and Other Interested Parties SUBJECT: Notice of GBNRTC -PCC Meeting The next GBNRTC -PCC meeting has been scheduled for Wednesdav, March 3. 2010 9:30 a.m. at Erie Countv Department of Public Works PROCEEDINGS A) Pledge of Allegiance B) Roll Call C) Public Participation D) Approval of Meeting Agenda E) Approval of Meeting Minutes — February 3, 2010 Presentation: National Border Patrol Strategy IL ACTION ITEMS A) Proposed 2012 TIP Changes 1. 5310 Small Bus grant projects 2. Empire Corridor Planning -HSR 3. Town of Hamburg Railroad Quiet Zones B) Proposed 2015 TIP Project List 1. Release for ICG and subsequent public review III. DISCUSSION ITEMS A) Subcommittee Reports: Transportation Projects Bicycle - Pedestrian Subcommittee B) Long Range Plan 2035 Update Activities 1. public outreach and issues 2. proposed funding profile C) TIP Development Progress — sequence to complete 2015 TIP D) Legislative Update -Jobs Bill 2 vs SAFETEA -LU extension IV. STATUS REPORTWINEORMATION A) Member Agency Reports B) Director's Report 438 Main 716- 856 -2026 Street, suite 503, Buffalo, New York 142012 -3207 Fax 716- 856- 3203 e mail: staff @gbnrtc.org web site: www.gbnrtc.org Thank you for choosing BlucCross BlueShield of Western New York as your health insurance provider. This letter is to alert you of recent legislation that may affect your family. New York Governor David Paterson recently signed legislation ( "Age 29 Law "), which allows an eligible unmarried "young adult" who exceeds the age for dependent coverage under his or her parent's group or group remittance health insurance policy or contract to elect to independently purchase coverage. This law allows a "young adult" to purchase coverage under a parent's group or group remittance health insurance policy or contract through age 29, regardless of their financial dependence (the "Young Adult Option "). To qualify for this coverage, the young adult must meet the following requirements: be unmarried; * be 29 years of age or wider, * cannot be insured by or eligible for comprehensive (i.e. medical and hospital) health insurance through his or her own employer; * live, work or reside in New York State or the health insurance company's service area; ® not be covered under Medicare; and ® must be the child of an employee or other group member insured under a group, or group remittance health insurance policy or contract to which the law applies. Please note that the young adult does not have to live with a parent, be financially dependent on a parent, or be a student. A young adult's children are not eligible for coverage under the Young Adult Option, but may be eligible for health insurance coverage under other programs. The Age 29 Law, which became effective September 1, 2009, provides two methods for young adults to secure coverage: * by the purchase of an individual policy through the parent's employer (Young Adult Option); or by enrolling the young adult under the parent's family policy if the employer purchases a rider to provide that coverage (Make Available Option) The Young Adult Option provides for an initial 12 -month open enrollment period, which runs for 12 months following the date that coverage through the Young Adult Option first becomes available under the policy or contract. The Young Adult Option does not first become available under a parent's particular group or group remittance health care insurance policy or contract until the first date on or after September 1, 2009 when the insurer renews, modifies, alters or amends the particular group or group remittance health insurance policy or contract. REFERRED TO THE COMMITTEE ON LEGISLATION. A [){vision of HealthNow New Yvk Inc. An Independent Licensee of the B1ueCross Bluehiefd Association 1a ovef, please Ak GRP-BUF-OA If you have eligible, or potentially eligible, young adult children, please contact your employer for more information about enrollment and premium rates. Please visit the New York State Department of Insurance web site for more information: http: / /www. ins .state.nv,us /faq,s /faqs_S6030 ve29 y- .jung.htm You may also contact the Insurance Department's Consumer Services Bureau at 1212- 480 -6400 or 1- 800 -342 -3736. 6:L - v dI - ? � Ai W,, 82476 00020 t� February 1, 2008 Buffalo Public Schools Division of Plant Services & School Planning 406 City Hall, Buffalo, NY 14202 Attn: Paul McDonnell, A.I.A * -. Fire Alarm, Schools 32 and 43) --X Dear Mr. McDonnell: As a long-time provider of life safety systems to Buffalo Public Schools, we wanted to make sure that you are aware of a development with regard to the projects referenced above which we thought might be of concern to you. Specifically, the project specs for School 32 indicate on page 17581 -3 that the manufacturer is to be SimplexGrinnell and expressly state that "The equipment and services described in this specification are these supplied and supported by the existing Fire Alarm System Manufacturer ... SimplexGrinnell". As to School 43, the specs provide that "equipment and service" provided by SimplexGrinnell are the "Basis of Design" for the installation and that products provided must "match existing Fire Alarm components" and all components "shall be from single manufacturer." Given those specifications, we were surprised when we recently contacted the local office of Johnson Controls and were advised by the Johnson Controls representative that they will be "replacing any existing whether called out to remain or not) devices with new JCl devices." In ether words, ' It seems that, regardless of whether or not the spec requires that Simplex equipment be used, the local office of Johnson Controls apparently intends to replace that equipment with Johnson Controls equipment. The statement from the Johnson Controls representative appears to be in direct contravention of the mandate of the School 32 specs that the product be SimplexGrinnell and the mandate of the School 43 specs that the product "match existing Fire Alarm components" (which are SimplexGrinnell) and be from a single manufacturer. The only product which can "match" a SimplexGrinnell product is a SimplexGrinnell product. Moreover, given that it is our understanding that there is ?J0 0 functionality of certain SimplexGrinnell devices which cannot be provided by Jo Controls devices, there; is no way to have all School 43 devices be from a "single manufacturer" if any Johnson Controls devices are used. We thought that you would be concerned, as we are concerned, regarding this development, and we stand ready to assist you regarding this matter in any way you desire. Please feel free to contact me at 661 - 9814686 or the local SimplexGrinnell district manager, Robert Seward, at (716) 633 -8891 should you desire to discuss this matter further. Very truly yours, d. Mason Hurst, 11 Senior Corporate Counsel 01&1 REFERRED COMMITTEE ON O THE SPECIAL L! cc: Robert Seward, SimplexGrinnell LP Gary Gokey, SimplexGrinnell LP 7 � . �i County of Ede CHRIS COLLINS CO M. MOUT1VE, DEPARTMENT Cdr HEALTH ANTHONY J. BILLITTIER IV, M.D., FACED COMMISSIONER OF HEALTH February 10, 2010 SENT TO: CITY, TOWN & VILLAGE CLERKS CLERK OF THE ERIE COUNTY LEGISLATURE C4iTNT Y EXECUTIVE Attached hereto please find copies of proposed revisions to the Erie County Sanitary Code, Article IX cancer i Housing Hygiene and Properly ruaintenance. These proposed revisions are being made to conform with the New York Mate Sanitary Cade regulations. A Public Hearing (Notice of enclosed) relative to the proposed revisions will be held on Larch 18, 2 2010 at 3:00 P,MV in Room 904 of the Rath County Office building, 95 Fzanklin Street, Buffalo, New York. Very truly yours, Richard Iudelsohn, M.D. President Erie County Board of Health REFERRED TO THE OMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS RJimac Attachments N it .. T ! ff _1 . 9 ANTHONY J. Slf.LI IER IV, M.D., FACVP COMMI83IONFR OF HEALTH The proposed amendments are available for public inspection in the office -of the Erie County Health Department in Room 910 of the Rath County Office Building, 95 Fmnklin Sheet in the City of Buffalo and in the offices of all Town, Village and City Clerks, Richard Judelsahn, M.D.. President Erie County Board of Health WWNW A. PARI MWMCEUWLWGa 95 FRMKLtR MEET - BUFFALO, NEW YORK 14202mwre . v ARTICLE IX HOUSING HYGIENE AND Y PROPERTY MAINTENANCE Section GENERAL PROVISIONS 11 Introduction 1.2 purposes 1.3 Title 1.4 Application and scope 1.5 Dwelling unfit for human habitation 1.6 Inspection and enforcement 1.7 Definitions RESPONSIBILITY OF OWNERS AND OCCUPANTS 1.8 Occupancy and letting 1.9 Owner to maintain in clean and sanitary condition 1.10 Occupant to maintain in clean and sanitary condition 1.11 Occupant to dispose of rubbish 1.12 Occupant to dispose of garbage 1.13 Containers to be provided for rubbish and garbage 1.14 responsibility for extermination 1.15 Rodent control 1.16 Occupant's responsibility as to supplied fixtures and facilities 1.17 Owners to maintain property free of standing water 1.18 Nuisances MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 1.19 Basic equipment and facilities required for dwelling or dwelling unit occupied or let for living, sleeping, cooking or eating MINIMUM STANDARD FOR LIGHT AND VENTILATION 1.20 Light and ventilation required for rooming house, roominq unit, bed and breakfast dwelling or dwelling unit occupied or let for living purposes MINIMUM THERMAL STANDARDS (HEATING AND COOLING) 1.21 1.22 1.23 1.24 Thermal requirements for occupying or letting, for living purposes GENERAL REQUIREMENTS RELATING TO T14E SAFE AND SANITARY PROPERTY MAINTENANCE - - - - -- Maintenance and installation requirements for dwelling, ar dwelling unit,- roominq_ house, roornino- unit, -bed and breakfast occupied or let for living purposes Discontinuance of services, facilities, equipment or utilities MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS Specifications of requirements Page I of 22 ROOMING Nol1SE AND -BED AND BREAKFASTS 1.25 General 1.26 Permit 1.27 Requirements for toilet room. water closet, lavatory and bathtub or shower in a rooming house and bed and breakfast. 1.28 Cooking and dining 129 Locks for doors 1.30 Bed linen and towels 1.31 Floor space for sleeping rooms 1.32 Egress Page 2 of 22 GENERAL PROVISIONS Section 1.1 Introduction. There exist and may in the future exist, within the County of Erie, structure, equi ment._exterior Drooerty, premises, dwellings, dwelling units, rooming houses, rooming units, bed and breakfasts or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social wellbeing of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, the establishment and enforcement of minimum housing, hvq ene and­prox)erty main tenance standards are required. 1.2 Purposes. It is hereby declared that the purpose of this tart Artlgle is to protect, preserve, and promote the physical and mental health and social well -being of the people, to minimize the incidence of communicable diseases, to regulate privately and publicly awned_ structures, equipment, exterior proerty, premise, dwellings, dwellie units, bed and breakfasts, rooming units, or parts thereof for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by regulations which shall be applicable to all dwellings structures, eauipre_nt, exterior propertv._prernises, lied and breakfasts, dwellinqs, cfwollinq units, rooming units, or parts thereof now in existence or hereafter constructed. It is hereby further declared that the purpose of this AaFt /article is to insure that the quality of housing and other pro _prties is adequate for protection of public health, safety and standards for basic equipment and facilities for healthful living, such as adequate water, waste disposal, bathroom facilities, light, ventilation, heating and cooling, for safety from fire and accidents, and for an adequate level of maintenance, setting forth the responsibilities of owners, operators and occupants of dwellings; and establishing the necessary provisions for administration and enforcement. 1,3 Title. This article shall be known and may be cited as the Erie County Sanitary Code Article Ix 1.4 Application and scope. (a) Application. The requirements of this Article shall: (1) When adopted by the appropriate local authority, apply within Erie County. (2) Apply to all d!u e&Kjs dwe "ing units, habitable i coms 's tr_uct-ures, DQUiprnent._exter or_ propertv,_promises, roominci houses, bed and breakfasts, dwellings, dwelling units, roominQ units, _or pads thereof within the jurisdiction of Erie County, except those regulated under Parts 7 and 15 of the State Sanitary Code. (b) Erie County Commissioner of Health may direct enforcement. Notwithstanding the limits of application and administration set forth in the preceding subdivision, the Erie County Commissioner of Health may enforce the requirements of this Article in any area where a danger or hazard to the public health shall or is likely to exist because of housing, hvgiene and/or property nnaintonance conditions. (c) Construction. It is intended that the application of the provisions of this Article be consistent with the provisions of applicable State and local laws, codes, rules and regulations; provided, however, that where the provisions of this Article are more restrictive, they shall govern, and where the provisions of such applicable State or local laws, codes, rules and regulations are more restrictive, they shall govern, (d) Variance. The Erie County Commissioner of Health may, on written application and after review, grant a variance from a specific provision of this Article in a specific case subject to appropriate conditions where such variance is in lu harmony with the general purpose and intent of this Article, and where there are practical difficulties or unnecessary hardship in carrying out the strict letter of its provision. (e) Separability. If any provisions of this Article are held invalid, such invalidity shall not affect other provisions which shall be given effect without the invalid provisions. 1.5 Dwelling unfit for human habitation. Whenever the Erie County Board of Health or Erie County Commissioner of Health finds that any structure, ectuipment, exterior nropertv._ premises, rooming reuse, bed and breakfast, dwelling, dwelling unit, roominq_unit "e" constitutes a serious hazard to the health and/or safety of the occupant or to the public because it is dilapidated, unsanitary, vermin- infested or lacking in the facilities required by this Article, he /she may designate such dwelling unfit for human habitation, order the dwelling vacated, and may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words. "Use of this building for human habitation is prohibited and unlawful." If the owner fails to comply with an order issued by the Erie County Board of Health or Erie County Commissioner of Health, such board of health or Commissioner of Health may order such dwelling to be removed or demolished as provided for by applicable County law and laws and regulations of the town, village or city having jurisdiction. The provisions of this section are applicable also to unoccupied dwellingg wilts and the owners thereof shall be chargeable with compliance. 1.6 Inspection and enforcement, (a) Inspection. (1) The Erie County Commissioner of Health and any person authorized by him /her to do so, may without fee or hindrance, make inspections to determine the condition of dweilin dwelting units, r3omirg hoes °s, rogming -up s structures, equipment, exterior property, premises, roorninq houses, bed and breakfasts, dwellings, dwellinct_units, root inq units -or parts thereof and the premises on which they are located, in order to fulfill the purposes of this W Article. (2) For the purpose of making such inspections, the inspector is hereby authorized to enter, examine and survey all dwelling-s, dwellirg unlit-s, roc, .' ming units structures, ectuiDment, exterior property, premises,_roomina /rouses_. bed and breakfast,, dwellings, dwelling units, roominq a d } units,_or_narts thereof. a�.�.� he p;= e m�ces en whi sh - tt re cated t®. Except for emergencies, or where authorized by other law, or for the convenience of the occupant or owner, such inspections shall be made between the hours of 9 7 am and 5 9 pm (3) The owner, the operator and the occupant shall give the inspector free access to the dwelling, `� or roc l'li n F1l11� and the prem on tested struchires, equipment, exterior property, prerrtisesjoo houses,_bed_and breakfast. dwellinas,_dwellincr units. rooming Emits, or Darts thereof for the purpose of such an inspection. (b) Enforcoment (4) (1) Evidence of a violation of this Ra# 6rticle discovered during such inspection shall not be used against the violator in either a criminal or civil proceeding except under the following conditions: (i) Written notice of said violation shall be left with or mailed to the person responsible for correction of such violation or in the alternative such notice shall be posted in a conspicuous place upon the ur4t, roemirg ho i~ ar rnnrreinn Ifni }_r r +}z� mi� - -� vac structures, equipment. exterior prooertv._r�ren ises,_roorninct_house, - b_ed and -- --- - - - - -- breakfast, dwellings, dwelling units, rooming units, or parts thereof where the violation is discovered. (ii) Said written notice states a specific and reasonable time within which such violation shall be eliminated, and (iii) At the end of such time the violation has not been eliminated. (2) Noncompliance or nonconformance: r)enalties. Noncompliance or nonconformance with anv provision of this Article: constitutes a violation punishable on conviction pursuant to the provisions of Article I of the Erie County Sanitary Code, 1.7 Definitions. ( nrrnnnnn, n +Y[ + Irn ACCESSORY STRUCTURE shall mean- a4stached £true§;- re- or-an - -�-; ;oh is not 13Prl r! AY HA} 3M +e'fMCl F.lrl to-be alLed fer li ' human eccupa*& —a struct not more than three stories high with separate means of egress, a huiiding, the use of which is incidental to that of the main building and which is located on the same lot. (b) Appi:evetl APPROVED shall mean approved by the Erie County Commissioner of Health. (c) BED AND AK A T shall moan an owner occupied residence_ reSUltinct -a conversion of a dweliinci, used for oroviding overnight accommodations and _a morning meal f o not more than 9 transient lodgers, and containing at least three bUt_not more than five to for such lodgers. , (d) C heating system CENTRAL HE - ATI G SYSTEM shall mean a .single system supplying heat to one or more dwelling unit(s) or more than one rooming unit(s). (e) g shall m� ul n rt rn c � ° Y ' erPGe e f a point nr n +h er sim;ar —rfa n mT tarial in c sGn"fln :3cGeswib!e f or ingestion nr where peaiinre nr Ghinninrc of or fl}l�er similar €urfase- sooting mater' cur and e1fiGh paint -er other simile.; -€mace coating materiel ccntains-�nae than cna h^If of talii e'.Aad badsd- en- the-total- weight of the GOntal rad solidc cr dried - paint film cn in'e� of any CONDITI -� O CONDUCIVE TO LEAD POISONING shall exist when a t le one of the foliowinQ ON exists: (1 ) most dwellings in a designated area were constructed before 1 960. (2) more than 20 percent of the dwellincis in a designated area are dilavidated or deteriorating. (3) lead hazards or children with elevated blood lead levels have been oreviousiv identified in the same buildi or the same -area. (4) paint or other similar surface - coating material containing lead in a condition accessible_ for imestion or inhalation o_r where_poelinq_or c i pinct of the paint or other si- mi_i_ar surfa coatinq_rnatert_al occurs - or - is elv-fo -occur ff) other environmental conditions which may result in significant lead exposu_r__e.. (f) Dwe#iag - WELLING shall mean any building or structure which d 11l'. nr narti�l --A r. or intended ti4e -used for livirrg or s le n � hurnan eel: that - contain one or more Page 5 of 22 dwellinq_uhit(s), mominq_units, or bed and breakfast units used, intended, or designed to be built, used, rente leased, lot or hired out to be occupied, car that are occupied for living s purposes, (g) n j- un;t ?WELLIi UNIT shall mean doom or be used W4"M, 'i¢rt f�eilitie okirS an d - ea#Rg a simile unit providing complete. ind ependent living facilities for one or more persons. includinca Dorrnanent Provisio for living, sleeping. eatir?cr, cookirica and sanitation. (h) mss shall -non a Nlac2 or gie r of going cafely to bU11diRe-, EGRESS. . MEAN O shall mean a c- inuous and unobst path of vertical-an d h rizontal egress travel from -anv point in a buildinga or_ structure to a public way. A means of egress consists of throe separate and distinct parts: the exit access, . the exit and the exit discharge. (i) EX shall ittearr #hat portion of a means of egress_ Vstem that leads from any Aggo d point in a building or structure to an exit. 0) EXIT shall mean that portion of a_means of egress system which is _separated frorn ether interior spaces of a building or structure by fire - resistance -rated construction and openinq protectives as rewired to provide a protected_ path of egress travel between exit access and the exit_ discharge,_ Exits_ include exterior exit doors-at ground level, exit enclosures. exit passagpways, exterior exit stairs,_ exterior exit ramps and horizontal exits. (k) t, lT DI SCHARGE shall_ mean that portion of a means of_egross sV em between the termination of an exit and the public way. - (1) E ITE_HORI O NTAL shall mean a path of egress travel from one building to an area - - in -- -- _- -- - --- another buildinq on noproximately the same level, or a path of egress travel through or around a wall or partition to an area on aporoxirnately the same level in the same building, which-affords safety from fire and smoke from the area _cif incidence and a reas cr�mraaurricatinn therewith. - (m) EXTERIOR PROPERTY shall mean tile open space on the premesis and on adloininq property under the control of owners o o perators of such premises. (n) €x�at+err E_XTERMINATION shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by application of pesticide(s) P01so*R9, spraying, fumigating, trapping or by another recognized and legal pest elimination methods approved by the local or Mate authority having such administrative authority. (o) Pan* FA -Ml shall mean one adult person plus one or more persons who are legally related to said person and residing in the same dwelling unit with said person. (P) ERIE COUNTY COMMISSIONER OF HEALTH shall mean the Health Commissioner of Erie county ar his /her duly a of hori &pd representative (q) Gard PA shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving and asnconsumption of food. {r) Crest GUEST shall mean any person who shares a dwelling unit in a nonpermanent status for not more than 30 days. ( alaiFnl-.Ir. rn rr. HABITABLE -FA E shall mean a fear.. or , -mcic-ced floor spaso =ed-er ,.# ting purposed °�slr:ding r -� batlwsems, vd cieset - 3mpa Ernents, lµ�r� ` , mJ pEntri r_.nettes '� R and ut r roms of 1^� thamn 5 9 square feet, 4Gyu -f-,, cr eomm 1 lY 1 1 , by and r unsea Gr cf struc ture aek —GGund level nr in attics space in a structure _for living, sleeDinq, eating or cooking. Bathrooms,_ toilet rooms closets- halls, storage or utility spaces, and_si nilar areas are not considered habitable spaces. (t) Hem HEATED WATER shall mean water supplied to a fixture at a temperature of not less than 120 (u) #ausehold I OUSEHO ,D shall mean a family and/or one or more unrelated persons, who share the same dwelling and use some or all of its cooking and eating facilities. It shall include servants and not more than two boarders. (v) INDIVIDUAL SFWERAGE _ SYSTEM shall mean a system or r)lpinq, tanks or-other facilities disposing of sewage of other liquid wastes into the soil. - - - - or --- -- (w) 44estafia INFESTATION shall mean the presence within or nd-a-dwelling of any ip rcd Y + C !]rl 4 f 44 pests c ontiguous to a structure or Dremies of insects, rats. vermin or other pests. (x) KitGhen K ITCHEN shall mean any room used primarily for cooking or preparation of food and containing any or all of the following equipment; sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food. Where a room is used for cooking and preparation of food, but not primarily so used, kitchen shall mean that portion of such room which contains the above equipment and an area within three feet of such equipment. (y) LEAD SAFE WORK PRACTICES ghall_mean the method by - which all lead hazard control activites are performed, This includes, but -is not limited _to, lrnplementinq t_h_ose dust control and-clean -up methods discussed in the EPA —Renovation, Repair and Paintinq Mule. Tense methods include, but are not limited to: 1) Removinq or covering all obiects in the work ar a. 2) - Closinq and_ coverinq all forced air HVAC ducts in the work area, 3) Closinq all windows in the work area. 47 Closing and sealing all doers in the work area, boors within the work wren that must be used -while the iob is being verformed must be cove wi th plastic sheeting or other imporrneable material in a manner that allows workers to pass through, while confining dust and debris to the work area. -- - - - - -- -- 5) Coverinq the floor surface,_ including installed carpet, with taped down plastic sheeting_ in the work are@, 6) All versonnel, tools, and other items, including the exterior of containers of waste, must -be free of dust; and debris when leavinq the work area. (z) L ` rOR OCCUPANCY OR LET shall mean to permit,- provide _or offer posse, ion_or occupancv of a wellinq, dwelling snit, rooming house. rooming unit, bed and breakfast, build inq ,- premise _or_ structure bv a person - who is or is not the legal of record thereat, pursuant_to_a written or unwritten lease, agreement or license -or pursuant to a record or unrecorded agreement of contract for the sale of land. (aa)Meani HEATING OF CERTAIN W Whenever the words "Dwelling", 'dwelling unit" "bed and breakfast ", "rooming house" "rooming unit ", Page 7of22 "premises ", "structure" are used in this Part Article, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine } and the feminine the masculine (bb) MULTI WELLING shall mean any dwelling containing more than two dwelling units or more than four roomers. (cc) NOXIOUS WEEMS) shall mean ar v liv €na staae, such as seeds and reproductive p qs, pf an y p rasitic or other plant of a kind, which is of foreicln oriclin is nE�w to or riot widely Prevalent -- in the united States, and can directly or indirectly iniure crops, other usefrll plants, livestock,_ or raoultru or other interests of agriculture, including irrigation, or naviclation, or the fish or wildlife resources of the United States or the public health. (dd) UIS (a.k.a. PUBLIC NUISANCE, . P U - B I H - EALTH NUISANCE) shall me whatever is dangerous to human life or detrimental t hea lth. (ee) CCUPA l Y_shall mean -the ourpose_t'or which_a buildinq_pr portion thereof is utM7_0d or occupied. (ff) cc3upant OCCUPANT shall mean any pans seeiEiaa�- �- ��.ting in, or ^� •ng 3 �,n;t er e, rno�t� individual living or sleeping in a building, car - having possession of a space within a D ull_ ding except that in dwelling units a guest will not be considered an occupant. (gg)QpeFator OPERATOR shall mean any person who has charge, care or control of a bWk1i ►g, or part 44ereGf,-E� , � �3 -� l c�er° e � lling units or r9on*g- 4n4s structure or premises which is let or offered for occupancy. (hh)9wne4 0 N R shall mean any person, who, a[G of e Iy c, �. ChAl have 1�� 1_ }iil�r, °v'-iv -c9n r.r. � Ilireg unit, � "wi't'tt� �ccom� ar. ' a €sicn thef -.sr II. Shay ha6 owneF, lessee, McFtr3.,ga a e�, e in posoo ssivn, ovs;gnQa_ct14n+ asL-a reGeWeF nr u° ©�°r33♦•nr � dminictr� c.rrd W,. W3, v vr ... , ast3 of t�? n .:: ° '' ° ., r - d n. Y, -3 y ' - , z rv�, °nf fnr • � r n r� , � r cf the a nt 2s if ha were the4Avner agent,- operator, or corporation_ havincl legal or equitable interest in the Property, or recorded in the official records of the state, Gounty or rnuniciDality as holding titl t o the property, or otherwise havincl cont rol_of the proveriv, includinq the Quardian of the estate of an person, and the executor or administr of the estate of such person if ordered to take possession of real orooerty_ b p- pc urg. (ii) t3 � PERSON shall mean a+ ieel� � , ;; d�a ;, firm, rublis serper-atien, municipa ' , , burea depaFtmes _f of a manlcpaljt -shit e any h T inh is rsGGD i-rc,rl h. r l aw as th [ ` 33hF aRS�c %�igbt and des an individual. heirs, execu tors, administrators -or assigps,_and also includes f €rm, pa nerslaip_ or cerporation. Its or their successors or assigns, or the agent of an_v_ of. the aforesaid. 6j) P46mbing PLU shall mean and include all of the following supplied facilities and equipment; gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, toilet - roams, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines. t� ' (kk)P4Kta-y PRIVACY shall mean the ability of a person or persons to carry out an activity without interruption or interference, either by sight or sound, by persons outside of the household. (11) err � raises PREMISES shall mean a meted Iot mss# -ar urplat#ed loll or parcel - taad-- "ot e-f !end, vv etlaeF -or not it has , building, accescory str'uotul o .- pthe -rs otvre thereon, pjot or parcel of land, an easement or public way, including anv structure thereon. (mm) P UBLIC _ AY shall mean -a-street, alley or other parcel of land -open to the - -- --- - - - - -- outside air leading -to a- street, that has been deoded,- dedicated or otherwise p appropriated to the public for public use and - which has a clear width and height of not less than J g feet. (nn)R-odent harborage 11RODEN'r HARBORAGE shall mean any place where rodents can live, nest ._h1de or seek shelter. R prGofin 00 t , ��,��,,,,� RAT PROOFING shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space or building, or gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rat climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or by other methods approved by the Erie County Commissioner of Health. (pp) Aefuse R shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals. (gq)Refuse container REFUSE CON shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such other containers approved by the Erie County Commissioner of Health. Openings into the container such as covers and doors shall be tight fitting. (rr) Reeming uni ROOMING _UNIT shall mean any room or group of rooms forming a single habitable unit used intended to be occupied- used-for living and sleeping, but not for cooking or eating purposes. (ss)Rocming house ROOMING HOUSE shall mean -. wh ich space ke osowpisd "y �roe ... meF6_ a building, [ether than a hotel -or- motel, arranoed_or occupied for iodctin -Q in- roomino units, with or without meals, for compensation and not occupied as a ones or tw o-family dwelling, ' r • J (tt) Rubbish RUBBISH shall mean nonpu.re €cibl. Wing asl es) oens i. Cambun"ib!"'astas Such as pater, e,rdbcntd_,-4;ags furniturplas#ie pjnSG, tree hr,. �, " I�n,.n cac+, zmd ROncombUstible sts.D suoh as tin =ns, and diYi�. appliances combustible and non combustible waste materials. exceot garbage; the term shall include the residue from burning wood, _coal, coke and ether combustible materials, Panerraps. cartons, boxes, wood, excelsior, rubber, mineral matter, class, cro-c -kerv. and dust and other similar materials: this terra -shall also include discarded, abando ar stored refrigerators. (uu) S AFETY shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease. (vv) SEWERAGE SYSTEM -shall mean pipelines or conduits, Pumping stations and force - - - - - - -- - - -- mains. and all other constructions, devices and aol?liances appurtcnant thereto, used for conducting sewaae, industrial waste or other wastes to a point of ultimate disposal. (ww) STRUCTURE shall mean that which is built or constructed or aportion thereof (xx)-S� UPPLI - 3 H shall mean paid for, furnished, provided by, or under the control of the owner or operator. (Yy)TENANT shall mean a Person, corporation, partnership or Stroup, whether or not the legal owner -of record, occupying a building or portion thereof as a unit. (zz) I OIi. T ROOD shall mean -a- room containinq a grater closet -or- urinal -but not a bathtub or - -- shower. (aaa) EE shall mean thy' d ischaroefrorn anv fixture. ariPliance, area or anpurtance that does not contain fecal neater. RESPONSIBILITIES OF OWNERS AND OCCUPANTS 1.8 Occupancy and letting. No owner or other person shall occupy or let to another person occuply any vacant structure, _roominq house, _roomino unit. bed and breakfast unit, dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with the requirements of this Article and all applicable laws. 1.9 Owner to maintain in a clean and sanitary condition. Every owner of a roorninc house, bed-and breakfast -or a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the roominq house, bed and breakfast or dwelling and premises thereof. Owner shall secure vacant buildings and(or structures bv_ boardinct,_blockinct. _lockinc_or otherwise protctirru to Prevent entry by unauthorized in dividuals . 1A0 Occupant to maintain in a clean and sanitary condition. Every occupant of a Premises, structure, roorninct unit dwelling or dwelling unit shall maintain in a clean and sanitary condition those parts of the room -inq house, roeminq unit, bed and breakfast. dwelling, dwelling unit and premises thereof that he occupies and controls. -- Page 10 of 22 11 Occupant to dispose of rubbish. Every occupant of a structure, buildinq, bed and breakfast, roomino - house, roaming unit dwelling or dwelling unit shall store and dispose of all --- - - - -- - - -- his rubbish in a clean, sanitary and safe manner. 12 Occupant to dispose of garbage. Every occupant of a structure,_buildin.q, bed and breakfast. rooming house, roominca unit. dwelling or dwelling unit shall dispose of and store all his garbage or any other organic waste which might provide food for insects, rodents orb other pest, in a clean, sanitary and safe manner. Garbacae shall not be alloyed to accumulate. Rodent- proof, insect - proof, watertight refuse containers shall be used for storage pending collection. 'T lid of th e refuse container shall be on the container at all times. including when at curb D ndin collecti 13 Refuse Containe to be provided for rubbish and garbage. Every owner of a Premises, structure, building, roominca Douse. bed and breakfas or dwelling . or memo dwelling units shall supply adequate facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage, unless otherwise agreed to in writing by the l essee . Such containers shall be in Dror�erworkina condition. undara7aoed and - . rodent- proof. 'the maintenance and upkeep of the container shall be the ovt -ners anti /or occraoants res�o 1 n 8 or t�vo fcmrlS dwelliag� rt shall to +-be r�spar�sr>rr4t�` of F! coeupnnt -tc furnish suc f�irlrtrea'v�rru�f en nnnFnir ern 1.14 Responsibility for extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises. `ellin^g cones more lling unit shall be r dwel fag ur:t iv the only Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat - proof or reasonable insect -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in the rooming house, bed and breakfast, or two or more of the dwelling units in any dwelling, or in the shared or public parts of any roumin house, lied and breakfast or dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner, 1.15 Rodent control (a) Every owner and /or occupant of a Promises, structure, building bred and breakfast, rooming house, rooming snit, dwelling or dwelling unit shall store and dispose of accumulated rubbish, boxes, lumber, scrap metal, or any other materials in such a manner as to prevent rodent harborage in or about any premises, structure. building, bed and breakfast, mominr_t house, rooming u nit, dwelling or dwelling unit. Materials shall be stacked neatly in piles elevated to a level high enough to permit effective cleaning. All structures and -exterior property shall e keDt free_frorn rodent harborage and infestation. -Where rodents are found, theV- _stall be promptly exterminated bV approved processes which will not be iniurious to human_ health. After extermination, Drol)er precautions shell be taken-to elir inat-e- rodent _harborage and -Prevent rein festation . {b} ellrng units ohall tad rubbish, b 9Ve� r� 3,,,s,, r ✓ICG�)� TCT/�I�f�lJ1 "j scrap met al or u ??yc_ + +hors -_ �tuF i� in r'uGh --m --inner as to pry �nt harberag- s- i-n -8F Its pramis3s, M^,. ti-in -ties sl huh enough tC fie,. Page 11 of 22 (c) Every owner or occupant of a dwelling or dwelling unit shall not store, place, or allow to accumulate any materials that may serve as food or harborage for rodents in a site accessible to rodents.; (d) No person shall feed in the open any domestic or wild fowl, birds or animals other than in a suitable container and in such a manner so as to prevent scattering of food upon the ground or ground level which can or will provide food for rodents, insects, vermin or other pests. If an area is_deermed infested with rodents, insects, vermin or other roosts by the Erie COUnty Commissioner of Health,- all bird feeding shall e ceased until the a rea is no no lonuer deemed infested with-rodents,_insects, vermin or other Pests. -- (e) All Premises and immediate exterior wooertv_shall be maintained free from weeds or Plant growth in excess of -10 inches, so as to prevent rodent harborage._ Weeds shal . Ibe defined as all grasses. annual plants and vegetation, _other than trees or shrubs provided; however this torm shall not include cultivated flowers or gardens. (f) l'r Rerty Dem olition, if a structure is scheduled for demolition, proper extermination should be ioerformed prior to the demolition of the structure. The structure must-be inspected host extermination and be deemed rodent free by the Erie County Commissioner of Health or his/her designee prior to the demolition, 16 Occupants responsibility as to supplied fixtures and facilities. (a) Every occupant of a dwelling unit or rooming unit shall keep all supplied fixtures and facilities therein in a clean, sanitary and operable condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 17 OwEler to rnaintgirr Property free Of standi q water, - very owner of any Premises, structure, building or dwelling shall keeP the oremises waded and maintained to prevent the accumulation of standing water, or within anv structure, such as swimminq 000ls, ornamental Ponds or similar located thereon. (a) -Anv structure designed to bold water, such as a swimni -In(I D001, ornamental oond or, similar must be designed, constructed, operated and maintained to or_event the breeding of insects. 1.18 Nuisances. All complaints_reciarding what is danuerous to human life or detrimental to health shall be received and investigated. The Erie County Commissioner of Health or his /her designee_ may enter upon or within anv place or premises where nuisances or conditions dancterqus to life and health or whi ar e the cause of nuisan exi_ fir q elsewhere are known or believed to exist. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES 1.19 Basic equipment and facilities required for dwelling or dwelling unit occupied or let for living, sleeping, cooking or eating. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, roominq house, roominq unit, bed and breakfast, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements; (a) Kitchen requirements. Every dwelling unit shall have a room or portion of a room in which food may be prepared and /or cooked and which room shall have adequate floor area available for occupant use and be equipped with the following. Page 12 of 22 (1) A kitchen sink in good working condition and properly connected to a water supply system which is approved by the Erie County Commissioner of Health and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer sewerage system or individual sewerage system approved by the Erie County Commissioner of Health. (b) Water closet requirements. Within every dwelling unit there shall be a non - habitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly and shall be connected to a sewe -r sewerage system or individual sewerage system which is approved by the Erie County Commissioner of Health. (c) Lavatory sink requirements. Within every dwelling unit there shall be a room which affords privacy to a person within said room which is equipped with a lavatory sink. Said lavatory sink may be in the same room as the flush water closet or in another room; provided that, if located in a room other than the one containing the flush water closet, the water closet shall be located in close proximity to the door leading directly into the room in which said lavatory sink is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the Erie County Commissioner of Health and which provides at all times an adequate amount of heated and unheated, running water under pressure, and which is connected to a sewer sewerage system or individual sew- eracle system approved by the Erie County Commissioner of Health. (d) Bathtub or shower requirements. Within every dwelling unit there shall be a room which afford privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the Erie County Commissioner of Health and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer sewerage system or individual sewerage §y§ten japproved by the Erie County Commissioner of Health. (e) Brno Alarms. Simile- and multiple-station smoke alarm?% shall be ins tall ed in th e followinci locations: 1) In each sle€;pinq room or rooming unit 2) Outside of each separate sleepin€t area in_the_immediate vicinity of the bedrooms or rooming units. 3) On each additional_story of the dwelling. inclu_dinn basements and cellars bait not including crawl spaces and uninhabitable attics. All smoke alarms shall be listed and installed in accordance with ma nufacturers specitications and any applicable_ laws or codes. Maintenance Of Dower source sh be the groperty- owner's responsibility. _- Rectuired _smoke alarms shall not be removed or disabled. except for replacement service or repair ourooses. Page 13 of 22 MINIMUM STANDARDS FOR LIGHT AND VENTILATION 1.20 Light and ventilation required for roorr tit' 1 9 h0us0,Y00minq ur�lt,bo and breakfast, dwelling or dwelling unit occupied or let for living purposes. No person shall occupy as owner, occupant or let to another for occupancy any roomincl house, rooming unit, bed and breakfast, dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: (a) Wimlows-, Licht and Ventilation. r 1) Ll0t. i) Every habitable space shall have at least one window facing directly to the outdoo or to a court. !I) Every public hall and stairway in a rooming house or multiDle dwellings s hall be adeauately licshted- by natural or electric light at all times. -very public hall and stairwav in structures containincl not more than two dwellinq _units shall be supplied with conveniently located light switches controlling an-adequate li htinq system which may be turned ors when needed, instead of full -time fl htincj, iii) All other spaces shall be provided_ with natural or artificial light sufficient to permit the maintenance of sanitary conditions, an -d -the safe Occupancy of the space and utilization of the appliances, equipment and fixtures. (2) Ventilation i) Every habitable space shall have at least one Menable window. fl) Screening. Durincs that- portion of the vear when there is a need for Protection against mosquitoes, flies and ether fivinq insects, every window opening directiv from a rooming unit, - bed and breakfast unit, or dwelling unit to outside space shall have Supplied properly- fittinct_screens.. (b) Electric SeNiG facilities. res shall bw _ — dinar and pawcr in c rr� -- prescribed by --Iaw Every occupied_ Wilding_ shall_ be provided with an electrical system. -All equipment. wiring and appliances shall be properly installed and maintained in a -safe and aps3royed_rr€anner. - -- e a minis um- af__emo duplox au#et (1) Receptaclos. Every habitable space a roornina House, tied - and- breakfast unit, or dwelling shall contain at leas - two separate and remote receptacle l°very_Isunclry area shall contain at least one grounded -tune receptacle or a receptacle with a groun far.rlt circuit interrupter, Every lavatory or bathroom shall contain at-least one receptacle.- Anv new bathroom receptacle outlet s hall hay ground fault circuit interrupter protection, (2) Every water closet compartment, toilet room. bathroom, laundry room, furnace room, boiler room and public hall shall contain at least one ceiling or wall type electric fighting fixture. c) Lightln for p� "�.;c . ",o to - a~ d vtui^ � ry public hall en4 sta+rway a multip!e ight�d by ! tirr c: Eeggr pate ,arid - stairway in €truol: ccntainln Are thcri h%144weltiRg unitc-shcll Ir ti;,'pNrl�Gd� Page 14 of 22 �vn�tarsr�i located light csa�itnhac nnntrnlli »g n nrJ ir� s rre E�c. �rsv�vv , rc,vrm � arr ctc,�'�at.. lighting ayAem -y-lae #� srnneJ nn sxihnn rann.7nrl i.,���A�, A fall -time lighting. MINIMUM THERMAL STANDARDS (HEATING AND COOLING) 1.21 Thermal requirements for occupying or letting, for living purposes. No person shall occupy as owner, occupant or let to another for occupancy any roominq home, room , unit, bid and breakfast, dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: (a) Heating Facilities. Every r©ominci house. bed and breakfast, or dwelling shall have heating facilities which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable fooms §p bathrooms, toilet rooms and water closet compartments in every dwelling unit to maintain 68 degrees Fahrenheit as noted in (b) below. (b) Minimum temperature. The owner is responsible for furnishing the heat unless the rental agreement provides otherwise. Between September e 10 and j Mav 81 , where the owner furnishes the heat, the temperature shall be maintained at not less than 68 degrees Fahrenheit at a distance of 18 inches above floor level and three feet from an outside wall in all habitable spaces, bathrooms, toilet rooms and water c loset compartm (c) Space and water heaters. M unvented flame space heaters and space heaters without back -draft diverters and automatic controls are prohibited; portable electric heaters, approved under the appropriate local or State electrical and/or fire prevention code are acceptable (where they meet the provisions of subdivision (a) of this section). Where there is no such local or State code, portable electric heaters meeting the standards of the National Electrical Code, as approved by the underwriter Laboratories, Inc. and the Erie County Commissioner of Health are acceptable. Gas - fueled space or water heaters and accessories or controls shall be properly installed and be of anaprove type. approved hit #hie r4myr i�ic�ft Exce0ion: Unvented flame space heaters shall be permitted- if they are installed and maintained Droperly - used as a secondary source of heat, a carbon monoxide detector is installed in the same roarn as the reinvented flame space Neater, and additional carbon _monoxide detector(s) islare installed in close Proxim_ itv to all sleeoinq roams._ Maintenance of Dower sourc shall he the -- - - -- - - - -- - - -- - -- property_ €�wner's_responsibillty. Reauired_carbon monoxide alarm shall not be removed or disabled, except for replacement,- service or repair Durooses. M - No _fuel_ burnincr device shall- -be- located in anv water closet compartment, toilet room, bathroom-or --sleepinq- room. x:01 1.22 Maintenance and installation requirements for rooming house, roomina unit, bed and breakfast, dwelling and dwelling unit occupied or let for living purposes. No person shall occupy as owner, occupant or let to another for occupant any roorn _house, rooming -unit. bed and-breakfast, dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: Page 16 of 22 (a) General. Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather - right, watertight, and damp -free and shall be kept in sound condition and good repair. Floors, interior walls, doors and ceilings shall be sound and in good repair. All ,e exterior wood surfaces other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. Lead based and other toxic paints and materials shall not be used on any interior surface. nr any swrfa Ge easily accessib! to rhildpen. Walls shall be capable of affording privacy for the occupants, Every premises shall be maintained in a clean, sanitary and safe condition. The presence of noxio weeds shall be prohibited. (b) Windows, doors and hatchways. Every window, exterior door and basement hatchway or similar devices, shall be kept rodent -proof and reasonably watertight and weather - tight, and shall be kept in sound working condition and good repair. All exterior doors shall have Proveriv functioning opefabte locking devices that shall be operable from the interior side of the door. All deedbelt tvpe locking mechanisms shall be of the thumb latch stvle_or eriulvalent on the inside of the exterior door(s), a kev operated stvie on both sides is not acceptable. ? � nr ing, ®ring that p e ms9i tees - r_ flying_ insects every rinnr nnaninn rlirnn$It, Frnm n dwe ,,,��.� an oth - fling uni to n„4cirin o, Mia Y,n„n e, „nr,lin prop -orly fitting s;- r4ens,'! minimu-m of eRe4V44dGW4n eveff haLItabin° --- c1­11 be nropwly nnrnc i_ed a, ll ro n. y �A� .rc ntc ll2tivn:. (d) Lcj Prevent entrance of rodents. Every window located at or near ground level used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate gauge screen or such other devices as will effectively prevent their entrance. (e)-(d) Safety. r� Alirc��_jhull h � v�c f an �r a cr r$ Ero�l en�,nr1 of ra �cnn �hln hni e �y e�..J a .� + c• c�r�. a� ry� e; �va� + vrTCU.�v3�ur�re rrc���?t� ��r i 0.11' a ,� ,��� d, balucte rc "�.iYn spaGed i). Stairways, decks, porches and balconies. Every stairwav, deck, Porch and balconv, and all appurtenances attached there to, shall be maintained structurally sound, in good repair. with prover anchoracia and capable of suovortina the iffaosed_loads 1) Handrails- required. - Idandrails shall be Provided on at least one side of cacti stairwav with three or more risers at an approved height, 2) Guards required. Parches, balconies or raised floor_sUrfaces located more than 30 inches above the floor or below shall have auarrds not less than 36 inches in height. Open sides of stairs with a total rise of more than 33 inches above the floor or q_ra_do below or more than four risers shall have nuards. (f) �jej Plumbing fixtures and water and waste pipes. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition. (g) ffj Floors for toilet rooms, water closet compartments, bathrooms and kitchens. Every toilet room water closet compartment, bathroom and kitchen floor surface and baseboard shall be constructed and maintained so as to be reasonably impervious to water so as to permit such floor to be easily kept in a clean and sanitary condition. fV Construction, Installation and maintenance. Every plumbing fixture, pipe, chimney, flue and smoke pipe and every other facility, piece of equipment, or utility which is present in a rooming house, roornina unit, bed and - breakfast, dwelling or dwelling unit, or which is required under this Plag Article shall be constructed and installed in conformance with the applicable local, State or national codes and shall be maintained in satisfactory working condition. IN (g) EGRESS. A_ safe,_ continuous and - unobstructed path of travel shall be Provided from any \� Point in a buildino or structure to the public way., Lh) Lead pet +rig -iii ousin_q. (1) Presumption For all dwelling units constructed prior to _January 1, 1979, it is presumed that the paint Carl - anv structures, equipment, exterior property, premises, dwel lings, dwellinq_units, or parts thereof is lead based Paint. (2) Owner's OnPurtunity to Debut PresurnPtion Tho owner of anv structures, equiPment, exterior property, Premises, dwellings,__dwellinq units, or parts thereof constructed_ prior to January 1, 1979, may ar)nly to the deoartment to- have struc tures, equipment, oxterior property, premises, dwellings,_dwollinq units, or parts thereof exempted from the - Pr es s umpti - on contained in section 1.22 N (1) when - lead based paint testing results demonstrate that no lead-Paint is present can anv structures, equipment, exterior propertv,- premises, dwellings. dwelling units, or-parts thereof. (3)Owner's Duty to Gorrect (a) The existence of conditions conducive to lead poisoning on anv structures, equipment, exterior proDertv,_premises, dwellings, dwelling units, or parts thereof is herebv declared to constitute a Nuisance. Lb The owner of a anv structures, egulom nt. exterior VrMerty. prerra dwellings. dwelling u nits, or parts thereof shall - take action to prevent the occurrence of conditions conducive to lead poisoninq and - shall expeditiously correct a(n) identified or Presumed lead hazard using Lead Safe Work practices. L A lead hazard remediation plan is required as aporoved by the Commissioner or his desiainee. ii. The lead hazard control activities must be Performed by an EPA - - ----- ----- - - - --- recognized certified firm or individual, proof of -this certification must --- - - - - - -- be provided to the Commissioner_ or-his desianee_Priorto the comm_ encement of anv work and as _part of the lead hazard remediation Man. ill. All_identifiod lead hazards shall be corrected within 39 days of receivi e n ©figs or as a oreed upon with Commission or his d esiignee. iv. A clearance inspection with samplinq- shall be performed. The — de- arance- report shall be submitted to-the-Erie County Department of - - -- -- --- ---- - - - - -- Health within five business days of its completion. (c) If the lead _hazard is_Caused in whole or in part by an underlv-inq defect, the owner ofthe dwelling unit shall correct the underlvinq defect to prevent a further lead hazard. (f) The _following is a list -of prohibited paint removal methods: (1) Open flame burning or torching. (2) Machine sanding or grinding without a- high- efficiencv particulate air (HEPA) local exhaust control. Page 17 of 22 f 3 Abr save- bia stinn -or samblgstinq without HEPA local exhaust control. (4) I duns operatino above 1,100 degrees Fahrenheit, or those that that ooerate high enough to char the paint, (5)- Drv_sandinci or dry scraping. Note: Four gxc� to this prohibition are: (1) dry scraoincr in coniunction with heat guns; f2) dry 1,0 ft (0.20 m.) of electrical ou tlets; (3) treating deterio oaint spots that total no more 2 - - - -- - than 2 ft. (0.2 rn ) in env one interior room or space; or (4) treatin a deteriorated paint spots that total no more than 20 ft. (2.0 rn_) on exterior surfaces. (6) faint strioninq in a pooriv ventilated space rising a volatile stripper that is a hazardous substance in accordance with regulations of the Consumer Product Safety Commission at 16 CFR 1500.3, and /or a hazardous chemical in accordance with the Occupational Safety and Health Administration at 29 C;f=R 1010.1200 or 1926.59, as applicable to �u - the work. (7) Powerwushina, unless awroved by the Gommissi ®ner or his desianae. 1.23 Discontinuance of services, facilities, equipment or utilities. No owner, operator or occupant shall cause or be responsible for causing any service, facility, equipment or utility which is required under this fart to be removed from or shut off from or discontinued for any occupied roominri -house, roomino_unit, bod and breakfast, dwelling or dwelling unit let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is either not reasonably avoidable or is approved by the Erie County Commissioner of Health. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS 1.24 Specification of requirements. No person shall occupy or let to be occupied any roomina house, roorninq unit, bed and breakfast, dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the applicable State and Local Codes: (a) Habitable space below grade. No space located partially or totally below grade shall be I as a habitable room of a dwe ",,ir-� unless: (1) The floor and those portions of the walls below grade are of water -proof and damp-proof construction. Page 18 of 22 (2) The minimum window area is equal to at least 10% of the total floor area of the. habitable room, with at feast 40% of the window space being openable to allow for fire s. 4. ' &eG ion 21-.1 Oka) and is located entirely above the grade of the ground adjoining such window area, or, if windows are located wholly or partly below grade, there be constructed a properly drained window well the ground area of which is equal to or greater than the area of the masonry opening for the window, the bottom of which is below the top of the impervious masonry construction under this window, with the minimum, horizontal distance at a right angle from any point of the window wail being equal to or greater than the vertical depth of the window well, as measured from the bottom of the masonry opening for the window well, as measured from the bottom of the masonry opening for the window. (b) Access to bathrooms, to rooms, water closet compartments and sleeping rooms. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom toilet room or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. ROOMING HOUSES and HD AND BREAKFASTS. 1.25 General. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit or sleeping room in any rooming house or bed and breakfast, except in compliance with the provisions of this Article. No owner or other person shall occupy or let to another person any vacant rooming unit or le.etinq unit unless it is clean, sanitary, and fit for human occupancy, and complies with all applicable legal requirements. 1.26 Permit. (a) Permit required. NA- pers shall not a reaming house unl he holds a v FeGming hn1F norm i# ie ad b y th e ri County�:rd' - o` er 9P4ealth in th n vf operator and for the sp ling unit. The-a; plicant must be a -and- of pe, - to opera >~u c and the rooming house- wh-mh ho intepd -s to ar �t be romplianGe with the .,Toms -of thks .A41GJ_9. Thie permit sha �1 Aienla roA in ing ho:ase at all timss NG- sush-p it shall be transferable. EveWerson holding such a p erm i t health h effied ] in 21 hoU re_after haying m i r e, trta. n �P. o � , oc,=trol of r_ ny rooming he- i ,!,. Sjch n n #inn shall include Oho or� �Ain #n _#h�a n� ➢_rricre� ph n or control of Such r_nnming h .Se Every rnnminn housa r)r3rmi4 chall eXp �r� � # }___ _nf�nd_ti ees�r_fnllntaunn_its rlhEo of yea, (1) No person shall overate anv rooming house or bed and breakfast or cause or allow the same to be occupied without a permit to do so from the Erie County Commissioner of Health, 0- Application_ for a_permit to operate a roornino Douse or bed and breakfast shall be made to the Erie County Commissioner o f Health, on a form_ prescribed by the Erie bounty Commissioner of Health by the - person who will operate - the rooming- houseor_ bed and breakfast. Application for a pert - nit to operate a rooming house or bed and breakfast shall be made at least 30 days before the first day of proposed operation of such rooming ' house subsequent to its construction or conversion or prior to the exr�irafion of an e xisting permit. An application shall be fled for a new permit followina the revocation of a permit. 30 days before the proposed resumption of operation of the rooming house or bed and breakfast. In the event of a change of operator of a roominq house _or_bed and breakfast, the new operator shall ar)ply for a permit before the cbanoe is effected. An application for Page 19 of 22 a permit shall be filed before a change in the name of a roominct house or bed and breakfast is rude. - - -- - -- - - -- --- - - - - -- - -- - ( 3) The Erie County Commissioner of Health shall i ssue a_p ermit for the or)eratiort_of a rg9ming house or bed and breakfast if ire /she finds that the rooming house or bed and breakfast will not be a potential source of danger to the general publics health and safety or to the health or safety of the occupants of theroorninq house or bed and breakfast, and if he/she finds that the roornino houses or bed and breakfasts proposed operation - thereof conforms or will conform to the reguirernents of this Article. The oermit issued for the operation of the roominq house or beck and breakfast shall expire upon a chancre of the operator of the rooming house or bed and breakfast, upon the elate stipulated by the Erie County Commissioner of Health or up€an the revocation of the permit. Permits for a rooming house or bed and breakfast shall be issued for a period of not more than two years from the date of issue. (4) The permit shall not be transferable or assignable. (5) The permit may be revoked by the Erie County Commissioner of Health if he /she finds that the rooming pause or bed and breakfast for which the permit was issued is maint o perated or occupied in violation of law or this Article. A permit may also be revoked upon the request of the permittee or upon abandonment of operation. ( The permit fo of a roorninq hoitso or bed. and breakfast._shal!_be posted in a conspicuous place on the premises. (7) The Erie County Commissioner of Health may establish procedures for the exchange of information with other State or local governmental agencies having responsibility for rnakina health and safety inspection of buildings. includinq rooming houses and bed and breakfasts, and may utilize the information provided by anv such agancv in rnakinq a determination regardinq the issuance of a permit required by this Article, n of a p rmit. ,permit W opemts- a-r-eorning house the ra f 4e lbl•, r y` rssl3n..r � , . - rrcct r-ir•rris N{ teak v n hc�r or iea_n : l F1 fair era f y +.tidh nnr nr mnrn of fS r� w rn+tini of i s ArFn• � p 3' ��ff o c..mp y ens in ., . + r l �,� n Cu l E F�; �y ryr� refu sal ts C1 t Y� �G { if - n, cr IF IGEi �'.4rran9emeSY s o �nnu inspsotiari (?) micM.c in ivr u`'CnGe -e Fh r erre i4nr ;1) fal&e €tatements or the appliGat icn fer tha permit; {�1 t e PeFMitt8G'6 nnn+tin +inn of a prima• :F) �:_4 - ct or oondu o orvrme pe d &�2tes hic unfitn to ep s_rate a (7) for eth (Q (b) Right to a hearing. Before a permit may be modified, suspended or revoked, the permittee shall have the opportunity to be heard, except that a permit may be temporarily suspended pending a hearing. 1.27 Requirements for tollot root, water closet, lavatory and bathtub or shower its as roornin0ouse and bed_ and _br ak- ast. (a) - Roornin louse. At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Erie County Commissioner. of Health and in good working condition, shall be supplied for each six e. fight persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the said facilities, except that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one half of the required number of water closets greater than one. (1) Accessibility. All such facilities shall be se located within the dwellings as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. (2) Hot and cold water. Every lavatory basin and bathtub or shower shall be supplied with heated and unheated water at all times. (3) Facilities in basements. No such facilities shall be located in a basement, except by written approval of the Erie County Commissioner of Health. MBed and broalkfa t.At_least one flush water closet,_ lavatory basin_and bathtub or shower. - - - - -- - - -- - - - -- properly connected to a water and_seweracie system_or individual sewerage system approved by the Erie County Commissioner_ of Health and in good working condition, shall be supplied for each eight transient lodciers capable of accommodatingthe facility., (1) Accessibility._ All such facilities shall be looted within the dwellings as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. (2) Hot and cold water. Every lavatory basin and bathtub or shower shall be supplied with heated and unheated water at all times. (3) Facilities in basements. No such facilities shall be located in a basoment, except_bv written approval of the Erie County Commissioner of health. 1.23 Cooking and dining. (a) No Cooking. !qo_l<in be defined as the act of DreDarincl food for eatino by the apolication of heat. Cooking in a rooming unit or sleeping room shall be prohibited. (b) No communal cooking and dining. LIJ Communal cooking and dining facilities in a rooming house shall be prohibited, except as approved by the Erie County Commissioner of Health in writing. (2) _Uning_facilites in _a bed and breakfast are allowed, communal cgokinq shall be prohibited,_ all cooking must be performed by the operator of the bed and brea car a liscerrsed_caterer in approved kitchen_ facilities, Breakfast only_ may be served. MY other Deals are offered or provided then Now York State 8anitary Code }part 14 -1 will apDl i_ full nd__a Dermit to operate a food service -establishment shall be required - - ---------------- 1.29 Locks for doors. Rooming unit and bed and breakfast doors shall have operating locks to insure privacy. All lockina devices s hall be operable from thy: interior side of the door. All deadbolt tyre lacking mechanisrns_shail be of the - thumb latch _style or eouivalent on_the inside of the door, a key_operated style on both sides_ is not_acceotable. 1.30 Bed linen and towels. The operator of every rooming house and-bed and breakfast shall Ghange provide clean bed linen and towels therein at least once each week, apid prior to the letting of any room to any occupant and upon chancie_in occupany of a room., The operator shall be responsible for the maintenance of all supplied bedding, bed_linens and towels in a clean and sanitary manner. 1.31 Floor space for sleeping roorns. Every room occupied for sleeping purposes by one person shall contain at least 99 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 69 54 square feet of floor space for each occupant thereof. 1.32 Egress. (a) Every rooming unit shall have two or more safe, unobstructed means of egress leading to safe and open space at ground level, as required by law. A sprinkler system satisfactory to the Erie County Commissioner of health may be substituted in lieu of one means of egress. (b) Evert/ lied and breakfast dwelling unit shall have a means- ot_earess in accordance. With -the Fire Code of New York State. Tbe �Ruffala Common countil MICHAEL P. KEARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 - 3318 PHONE: (716) 851 -5169 0 FAX: (216) 851 -4294 E -mail: mkearnsOc4- buffalo.com 25 February 2010 Buffalo City Cleric Gerald Chwalinski 1308 City Hall Buffalo NY 14202 e: Parking On Abbott Roach Dear Caz Coffee Cafe & Dog Ears Bookstore Dear Mr. Chwalmski: CHAIRMAN FINANCE WATERFRONT DEVELOPMENT C ©h4 M ITTEES BUDGET BURR CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASS MARThIA-ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER � My office has received many calls regarding parking conditions on Abbott Road, between Mercy Hospital and the area around the Caz Coffee Cafe and Dog Ears Bookstore. Please file the attached item and have it referred to the Department of Public Works for their recommendations on what actions can be taken to improve the parking situation being raised by Mr. McDonnell. Your assistance is greatly appreciated. Sincerely, Michael P. Kearns South District Councilmember Enclosure . For the Pea' _4 Mur hy,Marti I. .il J,,. , From: Thomas McDonnell [tom a@enlightenthedog.org] Sent: Wednesday, February 17, 2010 4:16 PM To: Councilmember Kearns Mickey Thanks for coming to the stare today and hearing my concerns regarding the parking situation on Abbott Road and the surrounding streets. I have been getting complaints from customers who received tickets and more important those who would be customers but are not because they could not find a parking spot. The area is over congested and parking is a serious problem because of the hospital, Mt. Mercy and Trocaire are all in need of places to park, and this takes away from the bookstore and coffee shop spaces. The signs are Improperly placed and I think the design is archaic and is in place for prior businesses and /or neighborhood design (bus stop placement, delivery stops etc...). A parking study might be in order to find a solution for all the spaces that are in need on a daily basis for the area around the pool, hospital, college, school and local businesses. It is not a BAD problem to have because it means things are happening in the neighborhood, but in the end people HAVE to go to work and school, and the ones who suffer are the businesses who lose sales, revenue and more importantly, the sense of unity that this community needs. Thanks for your ear and help! Tom McDonnell Executive Director Dog Ears Bookstore 341-3465 REFERRED TO THE COMMITTEE ON TRANSPORTATION OVERSIGHT, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE BOARD OF PARKING 00033 RMSERDA Now Vnrk State Enowgq Hemearch and Dowelopment harit Vincent A. Belorio, Esq., Cltairman To] I Free: 1 (866) NYSERDA www'nyserda.org • info@nyserda.org G January 28, 2010 IC j V 1, FYI , I< 1 l & l C- G Good Day: You are receiving this mailing because you are on a list of individuals or organizations that requested a copy of the West Valley Decom issioning Final Environmental Impact Statement from the U.S, Department of Energy, or your name /organization `was identified by the Depat - tment of Environmental Conservation, Bureau of Permits, as requiring a copy of the attached notice. The New York State Energy Research and Development Authority is a joint lead agency with the U.S. Department of Energy on the West Valley Environmental Impact Statement, and as such, we are required under New York State law to provide you with a copy of the attached Notice of Completion for the Final Environmental Impact Statement. Sincerely, JCK/amd Attachment: 1, Notice of Completion for the Final Environmental Impact Statement JCK/10a€ndQ07.atrtd Main Office Albany 17 Columbia Circle Albany, NY 12203 -6399 Toll Free: 1 (866) NYSERQA Phone: (518) 862 -1090 Fax: (518) 962-1091 West Valley Site Management Progra €n 10282 Rock Springs Road West Valley, NY 14171 -9799 Phone: (716) 942 -9960 Fax:(716)942 -9961 New York Cite 485 Seventh Ave., Suite 1006 New York, NY 10018 Phone: (212) 971 -5342 Fax: (212) 971-5349 Buffalo Larkin at Exchange Building 726 Exchange Street, Suite 821 Buffalo, New York 14210 Phone: (716) 842 -1522 Fax: (716) 842 -0156 1442-8 (3/99) -9c SEQR 1. State Environmental Quality review Notice of Completion of Draft / Final EIS Project Number Date: January 27, 2070 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. A ODraft or 12 Final (check one) Environmental Impact Statement has been completed and accepted by the New York State Energy Research and Development Authority as lead agency, for the proposed action described below, If a Draft EIS: Comments on the Drat EIS are requested and will be accepted by the contact person until_ 1 Decommissioning and /or Long -Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center. Description of Action: The action to this is Final Environmental impact Statement (Final EIS) is the - comp€etion of the West Valley bemonstration Proj" µ J - — P 'ect (WV ©P), and the decommissioning and /or long -term stewardship of the Western New York Nuclear Service Center. This includes the decontamination and decommissioning of the waste storage tanks and facilities used in the solidification of high -level radioactive waste, and any material and hardware used in connection with the I WVDP. The U.S. Department of Energy (DOE) and the New York State Energy Research and Development Authoriy (NYSERDA) are joint lead agencies for this F €nal EIS. DOE needs to determine the manner in which facilities, materials, and hardware for which DOE is responsible will be managed or decommissioned in accordance with applicable Federal and State requirements. NYSERDA needs to determine what, if any, material or structures for which it is responsible will remain on site, and what if any, institutional controls, engineered barriers, or stewardship provisions would be needed. Four alternatives are presented in the Final EIS, including: Sitewide Removal: Linder this alternative, all site facilities would be removed; all environmental media would be decontaminated or shipped off site; and all radioactive, hazardous, and mixed waste would be characterized, packaged as necessary, and eventually shipped off site for disposal. Completion of these activities would allow unrestricted use of the site (Le., the site could be made available for any public or private use). The Sitewide Removal Alternative includes temporary on -site storage of vitrified high -level radioactive waste canisters while waiting for a Federal waste depository to open. 111, Sitewide Close -In- Place; Under this alternative, most facilities would be closed -€n- place. Residual radioactivity in facilities with larger inventories of long- lived radionuclides would be isolated by specially designed closure structures and engineered barriers. Under this Alternative, major facilities and sources of contamination, such as the Waste Tank Farm and disposal areas, would be managed at their current locations. This would allow large areas of the site to be released for unrestricted use. The license for remaining portions of the WNYNSC could be terminated under restricted conditions, or those portions could remain under long -term NRC license or permit. Facilities that are closed -in- place, and any buffer area around them, would require long -term stewardship. Phased Decisionmaking: Under this alternative, decommissioning would be completed in two phases. Phase 1 would Include removal of the Main Plant Process Building, the source of the North Plateau Groundwater Plume and the water treatment lagoons as well as removal of a number of support facilities. i No decommissioning or long -term management activities would be conducted for the Waste Tank Farm and its support facilities, the Construction and I Demolition Debris Landfill, the non- source area of the North Plateau Groundwater Plume or the NRC -Licensed Disposal Area. The State - Licensed Disposal f Area (SDA) would continue under active management, consistent with its permit and license requirements for up to 10 years. Phase 1 activities would make l 4 use of proven technologies and available waste disposal sites to reduce the potential near -term health and safety risks from residual radioactivity and hazardous contaminants at the site. Phase 1 would also include an ongoing assessment period during which DOE and NYSERDA would conduct additional studies, evaluations and characterization of site contamination. The studies and evaluations would be conducted to clarify and possibly reduce technical uncertainties related to the Phase 2 decision on decommissioning and long -term management of the remaining facilities at the site, particularly uncertainties associated with the long -term performance models, the performance of engineered barriers and other technologies for in -place containment, the viability and cost of technology for exhuming buried waste and the availability of waste disposal sites, In consultation with NYSERDA and the cooperating and involved I agencies on this Final EIS, DOE would determine whether the new information warrants preparation of a supplemental EIS. NYSERDA would assess the results of site- specific studies and other information acquired during Phase 1 to inform future decisions on the SDA. Under the Phased Decisionmaking Alternative, the Phase 2 decision would be made within 10 years, No Action Alternative: Under the No Action Alternative, no actions toward decommissioning would be taken. The No Action Alternative would involve the continued management and overs €ght of all facilities located on the WNYNSC property as of the starting point of the EIS (estimated to be achieved in 2011). l The analysis of the No Action Alternative is required under NEPA and SEAR. Preferred Alternative: The Phased Decisionmaking Alternative is DoE's and NYSERDA's Preferred Alternative. This Final EIS Contains revisions to the Revised Draft EIS that was Issued In December 2008. The rNS was revised in response to comments received during the public comment period, that ended on September S, 2009. The EIS was also updated to reflect events that occurred, provide updated environmental information, clarify text and correct editorial errors. SEAR Notice of Completion of Draft / Final EIS - Page 2 of 2 Location: (In street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) 10282 Rock Springs Road West Valley, New York 14171 The majority of the 3,300 -acre Western New York Nuclear Service Center is in the town of Ashford in Cattaraugus County, New York, Approximately 15 acres of the facility are located in the town of Concord in Erie County, New York. Potential Environmental Impacts: Each of the decommissioning alternatives analyzed in the Final EIS involve closure or removal activities that would result in some level environmental y .._._ � el of impact. impacts from removing facilities and contamination from the site include potential radiological and nonradiological releases to the atmosphere, and to local surface waters and groundwater during removal operations as well as potential worker exposure to contaminants during removal operations. Transportation of wastes generated through the removal of facilities and contamination introduces the possibility of contaminant releases during transportation accidents, potential for injuries due to motor vehicle accidents, and worker and public exposure to external radiation over the course of a routine shipment. The Sitewide Removal Alternative would also generate some waste that cannot currently be disposed of at off -site disposal facilities. This waste would have to be stored on site until an off -site disposal option became available. A positive result from removal activities is that portions of the site or even the entire site could be released for other uses. in addition, potential long -term impacts from releases from the site would be avoided. Impacts from closing facilities and contamination in place include radiological and nonradiological contaminant releases to the atmosphere, and to local surface waters and groundwater during closure operations, and worker exposure to contaminants during closure operations, Under this alternative, large areas of the site could be released for unrestricted use, The license for the remaining portions of the WNYNSC could be terminated under restricted conditions, or portions could remain under long -term NRC license or other regulatory or institutional control. Facilities that are closed -in- place, and any buffer areas around them, would require long -term stewardship. In this event, contaminant releases, worker exposure, and worker injuries could occur during ongoing monitoring and maintenance activities that would be required over hundreds or thousands of years. There could also be contaminant releases and public exposure in the event that the site control is lost. The Phased Decisionmaking Alternative Includes a phased decommissioning approach where significant removal actions are taken during the first phase of decommissioning. These removal activities involve the potential for the environmental impacts identified above. If, during the second phase of decommissioning activities, it is decided to remove the remaining facilities or close facilities in place, this second phase of the alternative would also involve the types of impacts described above. It should he noted that NYSERDA is not In agreement with certain aspects of the approach used in the Final EIS to analyze environmental and other impacts' from the decommissioning alternatives. Most of NYSERDA's concerns relate to the analysis of long -term impacts from the in -place closure of facilities and contamination and the analysis of exhumation of facilities, NYSERDA's view on these Final EIS analyses and results are presented in the "Foreword" to the Final Ei5, Contact Person: Joan C. Kelly, Program Manager Address: NYSERDA, 9030 Route 219, West Valley, New York 14171 Telephone Number (7113)942- 9960ext.4435 A copy of this notice must be seat to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 -1750 Chief Executive Officer, Town /City/Village of Ashford New York and Concord New York Any person who has requested a copy of the Draft / Final EIS Any other involved agencies Environmental Notice Bulletin, 625 Broadway, Albany, NY 1222J- 13Q�0_ Copies of the Draft/ Final EIS must be distribute A "rdin . ., Q ANYCRR 617.12(6). ?�' :A )Bu ffalo Co mmon Council MI CHAEL 1. WCURT DFLA ARE DPSTRIC( COUNCIL MEMBER 65 NIAGARA SQUARE, 1403 CITY MALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5155 0 FAX: (716) 851 -4553 F -mail: mlocurto @city- bijffalo.com IkCASLATIVE ASSISTANTS PAUL ALAGNA BRADUY K. HAMM CHAIR tw©MMUM N DEVft.oPM1 NT C rf TCFS Lmisi -1TION FINANCE BUDc;FT BOAR BURA baxmmm'�';C'nv) A*" February, 24 2010 e A % 3 O 4 Gerald Chwalinski, City Clerk 1308 City Hall Buffalo, New York 14202 Mr. Chwalinkski: I would like the attached item to be filed for the next Common Council Meeting. Sincerely, Aa. - MICHAE J LoCURTO Delaware District Councilmember Workiq.g for To — Mannang for Tomorro Ms. Donna M. Brown Deputy Mayor 201 City Hall Buffalo, New York 14202 Dear Ms. Brown: During my State of the City address, I announced an initiative to decommission the Buffalo Economic Renaissance Corporation (BERC) and transfer responsibilities for certain activities to the Buffalo Urban Renewal Agency (BURA). The city Is less effective with one entity responsible for residential redevelopment and another responsible for commercial redevelopment. Combining these activities into one entity will allow the City of Buffalo to better coordinate neighborhood development plans and to undertake a new place -based neighborhood development strategy. This proposed new approach has been reviewed with officials from U.S. Department of Housing and Urban Development (HUD) and they are supportive of the reorganization. BURA's focus, resources, and legal authority are best - suited to conduct a place based strategy. Moreover, BURA has just completed a thorough top to bottom review of agency operations with HUD in clearing all 19 of its findings on management and procedural issues. As you may knew, the first finding concerned management issues given the lack of clarity between roles, responsibilities, and relationships among BERC, BURA, and the Office of Strategic Planning. This restructuring, meeting with the approval of HUD, has enabled BURR to clear this finding. This transition will be a multi - phased process. As an initial step, BURA counsel is advising BERC not to enter into any new agreements because BURR will no longer be allocating Community Development Block Grant funds to BERC. BURA Counsel will also advise BERC can meeting its current obligations throughout the decommissioning process. The decommission plan will take into account the existing assets and obligations of BERG and propose the best legal mechanisms for managing these. There is no intent to pursue a legal merger of BERC and BURA. Rather, I intend to expand the mission of BURA and decommission BERG. This transition will be a detailed, time - intensive process. Nonetheless, I feel this restructuring is in the best interest of Buffalo's neighborhoods. My administration will provide greater detail for you at the next meeting of the BERC board. 65 NIAGARA SQUARE / 201 CITY JLUL / I uFr-.xLLo, NY 14302 -3392 / (716) 851 -4841 / 1 LX (716) 851 -4360 / www.city- bu£fato.com New York Stat4p Department of Environmental Conservation 0 d} 0 � f�,' U.S. Department of Homeland Security Division of Water Region Il Bureau of Flood Protection and Dam Safety, 4 Floor Jacob K. Javits Federal Office Building Grannis Am MANN Fil"L M A oner February 17, 2010 Alexander B. commissi Mr. Gerald Chwalinski, City Clerk City of Buffalo 65 Niagara Square City Nall - Room 1308 Buffalo, NY 14202 Re: City of Buffalo, Community Coordination Notice of Room Change — 1 417 City Hall Dear Mr. Chwalinski: Meeting; FEMA Map Modernization Program We wish to revise the letter that was dated February 11, 2010. We have switched rooms for the Community Coordination Meeting to better accommodate Community Officials as well as the Federal Emergency Management Agency (FEMA) and New York State Environmental Conservation (NYSDEC) representatives. The corrected information is contained below. The New York State Department of Environmental Conservation (NYSDEC) and the Federal Emergency Management Agency (FEMA) are cooperating on a program to update your Flood Insurance Rate Maps (FIRMs). A preliminary Flood. Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) have been prepared for your community as part of the Erie County Digital Flood Insurance Rate Map (DFIRM) flood - mapping project. The revised maps are in a GIS compatible countywide format, including digital ortho - photo base mapping and updated topographic data. NYSDEC, in cooperation with FEMA, has scheduled a Community Coordination Meeting (CCO) for City of Buffalo community officials. COMMUNITY COORDINATION MEETING Tuesday March 2, 20.10 `=) 9:30 —11: 30 AM r City of Buffalo c ;' RECEIVED AND FILED 1417 City hall Buffalo, NY 14202 4� 625 Broadway, Albany, New York 12233 -3504 _ 2G Federal Ptaza, Room t311 Phone; (51$) 402 -81$5 •FAX: (518) 402 -9029 __ a�e1 xf } New York, New York I ©278 Website: www.dec.nv Kindly confirm your attendance by February 26"' to NYSDEC Floodplain Management Staff at 518 -402 -8151. Sincerely, Mary Colvin, Chief Floodplain Management & Flood Insurance Branch, Mitigation Division, FEMA Region 11 William S. Nechamen Chief, Floodplain Management Section Bureau of Flood Protection and Dam Safety NYSDEC New fork State Depailment of Environmental Conservation U.S. Department of Homeland Security Division of Water Region 11 Bureau of Flood Protection and Dam Safety 4 Floor Jacob K. Javits Federal Office Building 625 Broadway, Albany, New York 12233 -3504 26 Federal Plaza, Room 1311 Phone - (518) 402 -8185 • FAX: (518) 402 -9029 r Q e�k r T New York, New York 10278 Website: www.dec.nv.aov ° game €: ar FEMA 'qW z t j l) gL• Alexander B. Grannis Commissioner February 11, 2010 Mr. Gerald Chwalinski, City Clerk City of Buffalo 65 Niagara Square City Hall - Room 1308 Buffalo, NY 14202 Re: City of Buffalo, Erie Co. Community Coordination Meeting, FEMA Map Modernization Program Dear Mr, Chwalinski: The New York State Department of Environmental Conservation (NYSDEC) and the Federal Emergency Management Agency (FEMA) are cooperating on a program to update your Flood Insurance Rate Maps (FIRMs). A preliminary Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) have been prepared for your community as part of the Eric County Digital Flood Insurance Rate Map (DFIRM) flood- mapping project. The revised maps are in a GIS compatible countywide format, including digital ortho -photo base mapping and updated topographic data. NYSDEC, in cooperation with FEMA, has scheduled a Community Coordination Meeting (CCO) for City of Buffalo community officials. COMMUNITY COORDINATION MEETING Tuesday March 2, 2010 9:30 —11:30 AM City of Buffalo 323 City Hall Buffalo, NY 14202 Kindly confirm your attendance by February 23 to NYSDEC Floodplain Management Staff at 518 -402 -8151. The purpose of the meeting is to explain and present the results of the Preliminary FIS and DFIRM to the community, to explain the appeals and comments process, and to receive comments on the study from community officials. In addition, information on the implications of flood insurance requirements on your residents will be discussed. FEMA has recently forwarded preliminary copies of this study with accompanying maps to the Chief Elected Official and Floodplain Administrator in your community. Prior to the meeting, please review them, compare them with your existing Flood Insurance Rate Maps, and come prepared to ask questions. Copies of the study with accompanying maps will be available shortly online at: httt): / /www.ramtat)- tcam.com /nv.litm We will hold the CCO meeting so that your community will have a chance to discuss the maps with either a FEMA or NYSDEC representative. Please note that this is a working meetings rather than a public meeting and will focus on technical data and the legal requirements for map adoption. The meeting is designed to provide community officials an opportunity to ask questions about the new maps and the map adoption process. Please send the floodplain administrator (usually the building inspector or code enforcement official), and representatives from other knowledgeable community agencies, such as highways, public works, planning, and /or engineering from your community. FEMA and NYSDEC will also be hosting a series of public open houses for residents of the impacted communities at a later date. Details on these public information sessions will be sent at that time. Upon completion of the appeals period, communities will be required to legally adopt the new maps in order to maintain compliance with National Flood Insurance Program requirements. We will explain the process, and will also go over what the new maps will mean to your community. Staff from NYSDEC will be joined by representatives from FEMA. A representative of the study contractor will also be in attendance to present the study report and to answer your questions. . Again we ask that you confirm your attendance by February 23` to NYSDEC Floodplain Management Staff at 518 - 402 ®8151. It is extremely important that a representative(s) from your community attend this meeting, since this will be the community's only opportunity to discuss these flood maps with FEMA and NYSDEC in person. If this is not possible, or if you have additional questions, please contact NYSDEC at 518 -402 -8185 so that other arrangements can be made. Sincerely, Mary Colvin, Chief Floodplain Management & Flood Insurance Branch, Mitigation Division, FEMA Region ll William S. Nechamen Chief, Floodplain Management Section Bureau of Flood Protection and Dam Safety NYSDEC Enclosure 1 f 1' _ Please RSVP to N SDEG Fl®o plain Ma.-nogement Stafflif. 518-402-8151 by February 23, 20 .0 V 00 FACT SHEET ,;._.. ; SDEC Certifies Cleanup Requirements Achieved Niagara Street and Pennsylvania Avenue BCP Site Brownfield Cleanup Program Introduction The New York State Department of Environmental Conservation (NYSDEC) has determined that 1093 Group, LLC has achieved cleanup requirements at the Niagara Street and Pennsylvania Avenue site, located at 517 Niagara Street in Buffalo, under New York's Brownfield Cleanup Program (BCP). NYSDEC has issued a Certificate of Completion to the applicant. A copy of the Certificate of Completion is available at the locations identified in this fact sheet and on the NYSDEC Region 9 Environmental Remediation Information web site at littt): /iwww.dec.nv.gov /chemical /37554.htm]. What Has Been Done at the Site? February 2010 Project No. C9I5223 1093 Group, LLC completed soil and underground tank removals in 2009 as an Interim Remedial Measure (IRM). An IRM is a cleanup action that may be conducted without extensive investigation in order to address an obvious environmental problem and reduce risk to public health and the environment. The IRM measures included: o Excavating petroleum - impacted soil; Removing and properly disposing five underground storage tanks (USTs); Sampling the sidewalls and bottom of the excavation to ensure that contaminant concentrations were at or below standards protective of public health and the environment; e Transporting and disposing impacted soils at a registered waste disposal facility; Placing clean gravel in the excavation areas; and ® Preparing a Site Management Plan (SMP) and an environmental easement that describe institutional and engineering controls for the site. The IRM successfully addressed contamination, and NYSDEC approved the Final Engineering Report and Site Management Plan in December 2009. The Certificate of Completion was issued on December 24, 2009. Institutional Controls /Enp-ineerine Controls Institutional controls and engineering controls generally are designed to reduce or eliminate exposure to contaminants of concern. An institutional control is a non - physical restriction on use of the site, such as an environmental casement, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a vapor barrier. The following institutional and/or engineering controls have been put in place on the site: Prohibiting the use of groundwater without necessary water quality treatment, as determined by the New York State Department of Health (NYSDOII), and prior notification and approval by the DEC. s Investigating the potential for soil vapor intrusion, and if necessary, installing vapor mitigation systems at buildings developed on the site; ® Inspecting the site and ensuring that institutional controls have not been altered and remain effective. Next Steps NYSDEC issued the Certificate of Completion based on review and approval of a Final Engineering Report submitted by the applicant. The Final Engineering Report includes: 1) a description of the cleanup activities completed; 2) certification that cleanup requirements have been achieved for the site; 3) a description of any institutional /engineering controls to be used; and 4) a certification that a site management plan for any engineering controls used at the site has been approved by NYSDEC. In addition, the applicant: • has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, the applicant does not comply with the terms of its Brownfield Cleanup Agreement with NYSDEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. Background The Site encompasses a quarter of an acre and is located on the southeast corner of Niagara Street and Pennsylvania Avenue in a predominantly commercial and residential area of Buffalo, New York. The Site had been used for - commercial purposes, including an auto repair /service and gasoline retail facility. Previous releases of petroleum contaminated the Site. The contamination was successfully addressed through the remedial actions described above. 1093 Group, LLC has developed the property for commercial purposes. Who Should I Contact If I Have questions About the Site? Comments and questions are always welcome and should be directed as follows: Project related questions: Corey Stewart 1093 Group, LLC 295 Main Street, Suite 210 Buffalo, NY 11203 (716) 854 -0060 Environment related questions Bill Murray NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 re0on9n.P_w.dee.state. nv.us Health related questions: Deanna Ripstein NYSDOH 547 River Street Troy, NY 12180 1- 800 -458 -1158 Ext. 27870 drnrl 3 (a)hcalth.state.nv.us Locations to View Proiect Documents Project documents, including the Certificate of Completion, are available at the following locations: Buffalo & Erie County Public Library OR NYSDEC Buffalo Office I Lafayette Square 270 Michigan Avenue Buffalo, NY 14203 Buffalo, NY 14203 Phone: (716) 858 -8900 (716) 851 -7220 (please call for appointment) You may also view project documents at htttr: / /Nvww,dee.tiv.Qov /chemical /37554.htinL Look for the Niagara Street and Pennsylvania Avenue entry under the Erie County heading. NO'T'ICE OF CEIi` IFICATE OIL COMPLETION � � 1 \9 - Brownfield Cleanup Program 6 NYCRR Part 375w 1,9((1) ' � Niagara Street and Pennsylvania Avenue Site, C91 M223 �� 517 Niagara Street, Buffalo, NY 14201, PLEASE TAKE NOTICE, the New 'York State Department of Environn iental Conservation (pepartment) has issued a Certificate of Completion (Certificate) pursuant to Article 27, Title 14 of the New York State Envirownental Conservation Law (ECL) to 1093 Croup, LLC for a parcel approximately 0.27 acres located at 517_Niagara Street in the City of Buffalo, Erie County, PLEASE TAKE NOTICE, the Certificate was issued upon satisfaction of tile, Commissioner, following review by the-Department of the final engineering report and data submitted pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the Site, that the remediation requirements set forth iii ECL Article 27, Title 14 have been of will be achieved in accordance with the time frames, if any, in the remedial work plan. PLEASE TAKE NOTICE, the remedial program for tile, Site has achieved a cleanup level that iVould be consistent with the following categories of uses (actual site use is stibject to local zoning requirements): q Residential Use, as set fortis in 6 NYCRR 375- 1.8(g)(2)i. X Restricted Residential Use, as set forth in 6 NYCRR 375d1:8(g)(2)ii. ❑ Commercial Use, asset forth it) 6 NYCRR 3751,8(g)(2)vi. ❑ Mustrial Use, as set forth in 6 NYCRR 3751.8(g)(2)iv. . Further, the use of groundwater is restricted and maynot be used, utiless treated in accordance with. the requirements provided by the New York State Department of lfealth, or a local County Health Department with jurisdiction in such matters and such is approved by the Departient as not inconsistent with the remedy. PLEASE TAKE NOTICE, since the remedial program relies upon u=restrietions of the long term einployrnent of institutional or engineering controls; such institutional or engineering controls are contained in an Environmental Easement; granted pursuant to ECL Article 71, Title 36 which has been dulyrecorded iii the Recording Office for Brie County as CTRL-#: 2009255053, PLEASE TAKE NOTICE, tiie Environmental Easement requires that the approved site management plan. (91\4P) for this property be adhered to. The SMP, which may be amended from thne_to time, may include sampling, monitoring, and/or operating a treatment system on the property, providing certified reports to the NYSDEC, and generally provides for the management of any and all plans and limitations on the property. A copy of the SMl' is available upon request by writing to the. Dopartmerit's Division of Environmental Reinediation, Site Control Section, 625 Broadway, Albany, New York 12233. PLEASE TAKE NOTICE, provided that the Environmental Easement, SMP and Cottificate. are complied with, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL Section 27- 1421. The liability limitation shall run with the land, extending to the Certificate Holder's successors or assigns through acquisition of title to the Site and to a person who develops or otherwise occupies the Site, subject to certain limitations as set forth in ECL Section 2741421. The liability Iitnitation shall be subject to all rights reserved to the State by ECI, Section 27- 1421.2 and any other applioable provision of Taw. PLEASE TAKE NOTICE, the Certificate inay entitle the Certificate holder(s) to tax credits in Niagara Street rzrtri Pennsylvania Avenue Site, 0915223, 517 Niagara .,S`h'eet, Buffalo, NI' 14201 accordance with Tax La)v Sections 21, 22 and 23. PLEASE TAKE NO'T`ICE, any change of use of the site, as defused in 6 NYCRR 375, must be preccded by notice to the Department in accordance with 6 NYCRR 375 -1,1 l(d). A transfer of any or all of the property constitutes a change of use. PLEASE TAKE NOTICE, the Certificate may be only be transferred to the Certificate folder's successors or assigns upon transfer or sale of the Site as provided by ECL Section 27-1419,5 and 6 NYCRR Part 375 -1.9. Failure to comply with the regulatory requirements for transfer WILL bar the successors and " assigns from the benefits of the Certificate. PLEASE TAKE NOTICE, the Certificate may be modified or revoked by the Commissioner as set forth in the applicable regulations. PIX ASE TAKE NOTICE, the Certificate may be revoked if the Environmental Easement as imple mented, if applicable, is not protective or enforceable,. PLEASE TAKE NOTICE, a copy of the Certificate can be reviewed at the NYSDEC's Region 9 located at 270 Michigan Avenue. Buffalo(. NY 14243 -2999. by contacting the Regional -Environmental Rernediation Engineer. WHEREFORE, the undersigned has signed this Notice of Certificate 1493 Group, LLC. STATE OF NEW YORK } SS: COUNT' O ERIE ) By. CHIV tL r s1, F(�4A1tt Bate: ?f116? On the Jr6ay ot"Pe - mmp� , in the year 2008 before me, the imdersigned, personally appeared PAei- P. Prt r.jjA. personally luiown to ine or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is (arc) subscribed to the within instrument and aclalowledged to me that he/she/they executed the same in, his/her /their capaclty(ies); and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of iv ich the individual(s) acted, executed the instrulne lt. 'XAu.D W IL I-In 7 A. PA4,Aj?IAV I II Please record unit return toe Signature and O ice f individual .1493 Group LLC. taking acknowledgment 295 Main Street, Suite 210 Buffalo, NY 14243 -2219 1 KATHLEEN A. LIN14ARDT Nolary Public, State crf New York ,Uafilled In Erie Counly 12/03/09 My C Expiro March 2E � /f3 000'7 N 1--'A t I it�G STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION CASE 37950 - Proceeding on motion of the Commissioner of Transportation for a determination, pursuant to Section 95 of the Railroad Law, as to whether the public crossing at grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT Crossing Inventory Number 519 600R) in the vicinity of Mile Post QD 2.07, should be altered. PETITIONER'S ADDRESS: Commissioner of Transportation, 50 Wolf Road, Albany, NY 12232 N O T I C E is hereby given that a public hearing will be held in the above entitled matter before HON. PETER S. LOOMIS, Chief Administrative Law Judge, at the New York State Department of Transportation Buffalo Regional Office, 100 Seneca Street, Fourth Floor, Olean Room, Buffalo, New York 14203, on Wednesday, March 17, 2010, commencing at 14:00AM. On February 3, 2010, acting pursuant to Section 95 of the Railroad Law, the Commissioner of Transportation instituted a proceeding to inquire as to whether the public crossing at grade of the Beach Lead Tracks of CSX Transportation, Inc. over Fuhrmann Boulevard in the City of Buffalo, Erie County (USDOT Crossing Inventory Number 519 600R) in the vicinity of Mile Post QD 2.07, should be altered to include a multi -use path and a change in the warning devices at the site. The order of February 3, 2010 further directed that a hearing be held as provided in Section 91 of the Railroad Law. This hearing will establish a record and enable a determination as to these alterations. Parties are requested to advise this Department if a sign language interpreter, assistive listening system or any other accommodations will be required to facilitate participation in this hearing. In such a case, please contact the Office of Proceedings at Area code 518 -457 -1182. By the Office of Proceedings REFERRED °I f -AI- �� E IAL COMMITTEE ON WATERFRONT DEVELOPMENT Richard L. Taczk®wski 00 03�3 Urban and Regional Planner - Pudic Policy Analyst 205 Marine Drive, Apt. 11 G Buffalo, NY 14202 rtaczkowski @juno.com 716.054.3479 February 16, 2010 Honorable David A. Franczyk Fillmore District Common Council Member President of the Common Council 1315 City Hall Buffalo, NY 14202 e: Marine Drive Traffic and Pedestrian Safety Dear President Franczyk: Let me first say `thanks" for your motion and the Common Council's (CC) approval of my appointment to the Bicycle and Pedestrian Advisory Board (BPAB). I will endeavor to earn the confidence you have placed in me. After the recent meeting Assemblyman Hoyt hosted at Marine Drive (MD), you asked me, as trained planner to provide you with my best thinking on this issue of traffic safety on MD. I should note at the outset that the impressions and recommendations that follow are mine alone and, while informed by other viewpoints, are not intended to represent any position the MD Resident Council, the BPAB, or others hereinafter named may take with regard to this matter. In researching the history and current status of this issue, I have communicated with Christine Avino, the driving force for MD speed reduction; Jim Brem, of your office; Matt Davidson of Erie Canal Harbor Development Corporation (ECHDC) Hal Morse and Tim Trabold of the Greater Buffalo Niagara Regional Transportation Council (GBNRTC); Thomas Messana. Regional Traffic Engineer, New York State Department of Transportation (DOT); Justin Booth, Chair, BPAB; Joe Mascia, Commissioner, Buffalo Municipal Housing Authority (BMHA); and Colonel Patrick Cunningham, Executive Director, Buffalo Naval & Military Park (BNMP). I have also read Assemblyman Hoyt's recent response to Mrs. Avino's concerns. Our experience in North Collins taught us that reductions in accidents could best be addressed by employing the Three "Es" of traffic safety: Education, Engineering, and Enforcement. In the mid to late 1990's, as a member and public safety committee chair of the North Collins Town Board, I had to respond to the tragic aftermath of 13 traffic fatalities during a period of one year. As a township geographically the size of the City of Buffalo, with 1 % of the population, one can imagine the psychological impact these events had on my former community. Fortunately, this has not been the experience at Marine Drive. However, what is similar with these otherwise very different locales is, just as the rural setting within a metropolitan county provided as false sense of security for motorists in North Collins, the park -like green space of MD Apartments (directly across from the BNMP and Canalside), give unwary pedestrians the expectation of a leisurely, relaxing stroll across the street to another green space. Coupled with increasing pedestrian traffic encouraged by the nearby development, keeping current traffic controls and enforcement at the current level is a recipe for disaster! �f Being a pedestrian downtown, if can attest that M.D. is not the biggest challenge for M.D. residents whose primary mode of transportation is foot or bicycle. I have witnessed speeding, signal -less turns, rolling stops and no stops at stop signs along Perry, Commercial, Lower Terrance, Brie, W. Seneca and other streets in the vicinity of M.D. apartments. Since I have resided there in March 2008, 1 have never seen BPD (with or without radar) enforcing traffic controls. Please use your good offices to shine a spotlight on this problem area of your district. GBNRTC was unable as of the date of this letter to provide me with any traffic counts or accident statistics for MD. However, ECHDC has informed me that it would be supportive of a City commissioned traffic study for MD. This is more than a local issue for MD residents and guests. Marine Drive abuts a regional attraction - BNMP - and a current state investment of some $50 million (potentially $ 500 million) at Canalside. As indicated in the section of NYS Law sent your office, the City is prohibited from lowering speed limits below 25 MPH unless the street is near a school or "within a city park.'' This notwithstanding, your trusty aide, Jim provided me with a section of the City Charter that may hold out some hope, pending research of your legal counsel. It appears that the CC may designate "parks" and " ap rk a pproaches" by a three - fourths vote of its membership. First, let's put aside some of the more difficult remedies that have been suggested: * NYS Legislature declaration of any of the parcels around MD as state parks or historic sites appears to be highly improbable, especially in light of Office of Parks, Recreation and Historic Preservation Commissioner Ash's comments in Buffalo News, warning of park closings and/or drastic scale back of services. ® Requesting New York State Police to perform traffic checks and radar speed enforcement. While I maintain is within their jurisdiction, with or without an invitation from BPD, it is nonetheless unrealistic given Governor Patterson`s plan to forego a trooper academy class, and to reassign school resource troopers from schools like my alma mater, North Collins Central to the surrounding roads and highways across New York State. My experience as a former Assembly staffer tells me that special state legislation to lower the speed limit of MD (while a case could be made that a compelling state interest exists so close to Empire State Development's Canalside project and proposed six -story parking ramp) would an usual option and a "heavy lift" politically and legislatively. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS ` New York State Vehicle and Traffic Law Title 8 - RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES Article 39 - (1640 - 1646) REGULATION OF TRAFFIC BY CITIES AND VILLAGES 2 Buffalo City Charter, 15 -28, Park and Park Approaches Defined 2 0 Therefore my considered recommendations are as follows:' For the reasons cited above, craft a resolution for the adoption of the CC calling on the Brown administration and its DPW to commission a traffic study for MD to be conducted by GBNRTC or consultant of their choosing. This study should include recommendations for speed reduction, traffic control enforcement, and traffic calming measures (which may or may not include such elements as road re- configuration, pedestrian crosswalks, signage, medians, diagonal parking, exits, plantings, etc.) 2. Ask the BPAB to make recommendations to the C.C. and DPW. 3. Resolve to direct legal counsel to research the ability of the CC to designate as a "City Park" city -owned property leased by the BNMP (without any additional budget appropriation for its operation) and MD as a "Park Approach." This could open the door to a 15 mph speed limit. 4. Resolve to request that BPD's newly formed BMHA unit pay special attention to MD traffic controls, whatever the speed limit or Canalside development may end up being. Drive this home at the Police Commissioner - designee's confirmation hearing. 5. Unless the City Charter or local law precludes such action, use the state statue cited previously in this letter to immediately lower the speed limit to 25 mph, and suspend the placing of signs for up to six months for completion of the traffic study. The statue says that it is the "Legislative body... of the city" that is empowered to make such reductions, not the executive branch. I hope this effort will prove fruitful for your deliberations and benefit the residents and visitors of MD and the surrounding recreational and commercial uses. Should you or any of your colleagues have any questions concerning this brief analysis, please don't hesitate to contact me. I'm glad to be of service to the Buffalo Common Council! ectft +lly submittWks. d s icha:d L. T Cc: Gerald A. Chwalinski City Clerk Buffalo Assemblyman Sam Hoyt PETITIONS 00039 0 1 / M. Wong, Owner, Use 494 Elmwood, Sidewalk Patio to the Front of Existing Restaurant (pub hrg 3 /9)(Nia) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD GERALD A. C HWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to the time and place for the public hearing regarding: 1 to be held in the Council Chamber, 13th Floor, City Hall On: � AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed (Agent or I W erj Print Name 411 � Phone # 7 Bate 4 °' i l D Ili Yi 1i.31e(i; PLEASE ALSO CONTACT BILL GRILLG PRINCIPAL PLANNER, 851-5086 FOR PLANNING BOARD MEETING. 6ity of E uffalo _ OUTDORCAFE Building Application 65 Niagara Square {. Buffalo,'NY 94202 A _: �..� '1 (716)857 -4949 Fax (716)851 -5472 ; = Report Date 02/12/2010 02:54 PM � Submitted By DAVID GRUNDY c Page 1 AlP # 1 50725 l —Stag-e-% Date 1 Time By Date I Time By Processed 0211 21201 0 14:53 GRUND Temp COO Issued COO Final Expires Associated informatio Valuati Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0100 Name CAptio of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -56 D, FOR EXTENDING A RESTRICTED USE IN THE ELMWOOD AVENUE BUSINESS DISTRICT. PLACE A SIDEWALK PATIO TO THE FRONT OF AN EXISTING RESTAURANT ON THE 1ST FLOOR OF A 2 STORY MASONRY MIXED - U SE COMMERCIAL BUILDING. DRAWING S CANNED. Parent AIP # Project # Project/Phase Name Prase # SizelArea Size Description Address 494 ELMWOOD BUFFALO NY 14222- Location Contact 10 AC302933 Name LLC 1000 ELMWOOD ASSOCIATES Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST State /Province NY ZIPIPC 14226 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/11/2007 To Contact ID AC1230689 Name 1000 ELMWOOD ASSOCIATES, LLC Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST StatelProvince NY ZIPIPC 14226 Country USA ❑ Foreign Day Phone (716)583-8383 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 07/15/2007 To Contact ID AC56315 Name BONNIE R CHAINANI RAMESH L & Mailing Address C/O R L & B R CHAINANI Organization City 773 NIAGARA FALLS BLVD StatelProvince AMHERST NY ZIP/PC 14226 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 0211212010 02:54 PM Submitted By DAVID GRUNDY Page 2 Contact ID AC897368 Name DIBBLE,BYRON A & DORENE R Mailing Address Organization City 9006 SESH RD StatelProvince, CLARENCE CENTER, NY ZIP/PC 14032 Country ❑ Foreign Day Phone (716)741-4824 x Evening Phone Fax Mobile # Occupant N From TO Owner Y From 11126/20011 To 05/0612007 No Addresses are linked to this Application No Addresses are linked to this Application 1004500003013000 No Parcels are linked to this AppliGalion No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNER Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments 000000 SBU AC12792 OWNER OF PROPERTY FLL1234 DMI AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE ($25,00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 495813 ENGINEER ENCROACHMENT OVER CITY ROW? 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 1 Case # 176166 APPLICATION FEE U 25.00 PERMIT FEE U 0.00 Total Unpaid 25,00 Total Paid 0.00 j - - -- -- Plty of buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 l f Report Date 0211212010 02:54 PM Submitted By DAVID GRUNDY Page 3 , There are no Inspections for this Report 495813 ENGINEER 0 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bffo Arts Commission City survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events El Public Works approval ❑ Notarized Permissiont Common Council City Engineering ❑ Admin OfficelApts R4 ❑ Curb Cuts Beauty Parlor R2 i� Encroachment ❑ CanopylMafquee ROW ❑ Oversize Trucking ❑ Freestanding Sign ❑ Plumbers' Cuts ❑Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW Preservation Board Restricted Use Permit City Planning [� Other ❑ Citywide Site Plan i ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.R. ❑ Water Retention ❑ N.E.P.A. City Survey ❑ Address Permit Law Otfice ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held a There is no planning condition for this project. N 02/121201014:53 Modified By GRUNT] Modified DatelTime 02/12/2010 14:53 Permit Office ❑ Asbestos Survey Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check El Public Works approval ❑ Notarized Permissiont for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ SewerlWater Cut ❑Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention GRUND 021121201014:53 No Records for This Search Criteria City of Buffalo OUTDORCAFE Building Applicati ®n 65 Niagara Square Buffalo, NY 14202 (716)551-4949 Fax (716)851-5472 Report Date 02/12/2010 02:54 PM Submitted By DAVID GRUNDY Page 4 wm % 2k, - ' I— Or _A7 WE M, — 0 MUM g DA A, _0 MO MM Business D.B.A TOKYO SHANGHAI BISTRO Length 20.0 Width 6.0 Location of Patio. M Front ❑ Left Side ❑ Right Side ❑ Rear Total Area 120,0 sq. ft. If There is A Raised Dock Deck Height above grade ft. Does the Patio have its own exiting? (RequIred)M Yes ❑ 1 step - No handrails required, no guardrails required. Is this required exiting adequate for the patto area -a Yes ❑ 2 steps or more - Handrails required each side of stairs; Does the patio Involve or affect required exiting from the buildingfl Yes no guardrails r until dock is 30" or more in height. Width of public sidewalks /walkways remaining for pedestrian passage ft. ❑ Deck 30" or more in height - Type of patio boundaries: Handralls and guardrails required. WROUGHT-IRON RAILINGS Tread width (= Exit Width) In. Number of Tables 4 Number of Chairs: 8 There are no Items in this list No Log Entries 0 7 F_W� f - *7 MIS MAP VOID umsZ5 L"I'laossEt New YORK $T4y*g LfczfjaZ;2 L I GURVCYOR'g §XAL No. 41.7ag i 11 110 .1-2�nz ,1 l e g RE-SURVEY RE-SURVEY RE-SURVE:y HAROLD L GANTZER KRAUSE 89'GANTZER .... .—elf CIVILENGINEERS & LA W ND SURVE)' LINCRTY DANN HILOG, =nea 4-1 J X tv m 4 f g: - *7 MIS MAP VOID umsZ5 L"I'laossEt New YORK $T4y*g LfczfjaZ;2 L I GURVCYOR'g §XAL No. 41.7ag i 11 110 .1-2�nz ,1 l e g RE-SURVEY RE-SURVEY RE-SURVE:y HAROLD L GANTZER KRAUSE 89'GANTZER .... .—elf CIVILENGINEERS & LA W ND SURVE)' LINCRTY DANN HILOG, - 7. 7 11 �Clf 1 0 0 6 w 4AI 11,4% r. COO. 0 kk a -vmpm 2 �7 RU11% MAP VOID UMLL L 'W "E%V YORIC WYATT LILWIGZa LAND I "URV9YOWS 819A6 NO. 31.78ll :Dl RE-SURVEY RE-SURVEY RE-SURVEY V % a i. I ca :I' t I HAROLD. L GANTZER XRAUSE & GANTZER CiViLgNOINEERS & LAND SURVEl' LIBRArf BANK I LUG, do* MAIN orfluT su FIIALO.N.Y. 14ROX 1. �A V py 14 if or -vmpm 2 �7 RU11% MAP VOID UMLL L 'W "E%V YORIC WYATT LILWIGZa LAND I "URV9YOWS 819A6 NO. 31.78ll :Dl RE-SURVEY RE-SURVEY RE-SURVEY V % a i. I ca :I' t I HAROLD. L GANTZER XRAUSE & GANTZER CiViLgNOINEERS & LAND SURVEl' LIBRArf BANK I LUG, do* MAIN orfluT su FIIALO.N.Y. 14ROX 1. �A V py py �`��° '' ;. � ; w CIVIL SERVICE : ;: 0001 Appt Senior Tax ... Admirristr�tor(Perm) (third Step (Mack)(Agm - 0 ccp #32,2/16 Mrs Russell moved That Communication of 17 of February l 6, 2010, be received and Filed and that the Permanent Appointment of Latifa Mack, 159 Hamlin Rd, Buffalo, NY 14208 at the Third Step of $62,297.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service V e AYE NO 1FONTANA FRANCZYK GGLOMBEK DIES KEARNS L®GURT® x. RiVERA * '� RUSSELL STH Maj - 5 2/3- 6 3/4- 7 00041 Appt Greenskeeper (Prov.) (St:okley) (PW ) ..dbp# 32, 2/16 Mrs Russell moved That Communication of 32 of February 16, 2010, be received and Filed and that the Provisional Appointment of Paul H. Stokley, 311 Lakefront Boulevard, Buffalo, NY 14202 at the Intermediate Salary of $38,425.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service �. ������`� 6 SAY NO EGNTANA FRANCZYK GGLOMBEK HAYNES ]KEARNS LGCURTO SERA RUSSELL SMITH Maj m 5 2/3- 5 3/4- 7 '" '� 00042 Appte Parr Supervisor T (prov)(1ntaer)(Wojcik)(PW) ccp# 33,2/16 �-) Mrs Russell moved That Communication of 33 of February lb, 2010, be received and Filed and that the Provisional Appointment of James J. Wojcik, 152 East Street, Buffalo, NY 14207 at the Intermediate Salary of $41,885,00 is hereby approved, PASSED AYES - 9 NOES e 0 Recommended by the Committee on Civil Service ,3 * AYE * NO * F€ NTAN A FRANCZYK * * GOLOMBEK * DANES ARIAS 1JOCUR$O RIVERA 9�t RUSSELL * x SNU H lY aj ° 5 2/3- 6 3/4- 7 FINANCE - 1.1 211� i; i Q0a��3 Gov't Transparency - Filming Meetings in Council Charnbers(Cornpt) t (ccp# 16,2116) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance 0ri0 ; Permission to Expand the Scope to Existing Consultant Contract — Bailey Avenue Bridges (Item No. 27, C.C.P., Feb. 16, 2010) That the Commissioner of Public 'Works, Parks and Streets be, and he hereby is � authorized to issue a change order, to Clough Harbour & Associate LLP, an increase in the amount of $2,196,364.00, the City's share is 5 %, as more fully described in the above communication, for work relating to Bailey Avenue Bridges, Contract #92011078. Funds for this project are available in the Department of Public forks' Capital Accounts. Passed. Recommended by the Committee on Finan _ Chairman `: tj t: wp601tnwordlrmv127c2- 16c.doc -t� C� AY NO FONTANA FRANCZYK . GOLOMBEK BAYNES KEGS x LGCURTO RVERA * * x RUSSELL SMITH Mai ® 5 2/3- G 3/4- 7 000 FEMA Award ENM- 20 09FFG- 05202 - Assistance to Firefighters Grant Program (Item No. 35, C.C.P., Feb. 16, 20 10) That the Commissioner of Fire, be and he hereby is authorized to accept and expend the grant award from FEMA's Assistance to Firefighters Grants Program. The Commissioner is also hereby authorized to provide a 20% match to secure the funds through use of $197,400.00 of its clothing safety equipment budget, contained in account 12132005 461201. Passed. Recommended by the Committee on Financ Chi Jan TABmnv t:kvp60'4mwordtrmv135c2- 16c.doe (P * AYE *NO* * FONTANA * *. * FRANCZ YK * GGLGMBEK X HAYNES KEARNS * ... LOCURTO *` RI a E RA RUSS * SMITH 7C Maj -5 x F IC ok 3/4- 7 0 �') 00 Bflo Water Bd-Res on Adoption of Amendments to the Schedule of Rates, Fees and , Charges (ccp## 42,2116) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finan t 000�7 Bflo Water Bd-Resolution on Adoption of Schedules of Rates, Fees and Charges (ccp# 43,2116) Mr. Kearns moved 0 That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance 0 0 0 1113 M. Kearns-N. Farrell - Concerns Recycling (ccp# 45,2116) Mr. Kearns moved 0 That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance I zv� Vk M. Kearns - Buffalo News Article Re Fund Balances tccp# 46,2/16} Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance ®0Q "0 Budget and Personnel Amendment - Executive Department -Mayor , (Item No. 76, C.C.P., Feb. 16, 20 10) U � That the Budget and Personnel Amendment as contained in Item No. 76, C.C.P., February 16, 2010 be and the same hereby is approved. Passed Recommended by the Committee on Finance _ Clza` an TAB:rmv t:wp6o \MwMa�z►vN76c2r16c.aoc * AYE *N®* * FONTANEL * FR.ANCZ * * C®LOMBEK * . * HAAS * EEARNS * L®CURTO * * x * SERA * RUSSELL * SMITH * Majm5 * * x 2/3- 6 3/4- 7 '� 000 51 Comprehensive Annual Financial Report FY Ended 6 /30 /09(Compt) (ccp## 14,2/2) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance 00052 Undertaking a Merger Btwn Bflo Water Authority and EC Water Authority (Exec 2" Res) (cep# 85,1/19) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance 0603 Opalinski /Parete Settlement(Compt) } (ccp# 8,115) Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance M. Kearns - Buffalo News Article re. Water Rates (ccp# 45,1/5) 9 K Mr. Kearns moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Finance COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) 0005 Report of Sale — 79 83 .Yews � p Jewett, 1 T, 12 & 14 Brewster (Item No. 9, C.C.P., Feb. 16, 2010) That the offer from Mr, Matthew Wolfe, General Manager of Market on Main, Inc., 2495 Main Street, in the sum of Seven Thousand and Nine Hundred Dollars ($7,900.00) for the purchase of 79 and 83 Jewett, 11, 12 and 14 Brewster, be and hereby is accepted; and That the transfer taxes, recording fees and cast of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development hairman TAB:rmv T:%%P60la L vorA1nvWc2 -16c �!J 1 * AYE *NO* * FONTANA x * FRANCZYK * GOLOMBEK. HAYNES * KEARNS L OCURTO YC 7i ]L T E86A 7�C RUSSELL SNUTH * - - ZE' aj ®5 2/ 3/4- 7 " '� 000 Permission to Enter into Agreement w/NYSDOT — Buffalo Outer Harbor Enhancement Project PIN 5779.42 (Item No. 26, C.C.P., Feb. 16, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That May e, ands e ereby is %rized t� en r into necessary agreement wit the New .Yor State part nt op rtataon for t e co struetion phase o t e Ti r�et Vda Pr ©jest, PIT 759.4drag that p camp Lion the City will operate and maintain the project at no expense to the NYSD Passcd, Recommended by the Committee on Community Development Lob -Chairman rAB:nnV TAwpsa wa vV(,ca - rsc c'd /ill /1 i\ f €9 ! J G Mfr. LoCurto moved that the above item be recommitted to the Committee on Community Development PTE 04 0 5 7 Annual Action Plan 2010- 2011(Yr 36)CDBG Ccp# 2,212 Mr LoCurto inoved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Community Development LEGISLATION (Joseph Golornbek Jr:, Chairman) ®005 3 MMM — Calling for a Moratorium on Hiring Buffalo Fire Department (Item No. 47, C.C.P., Feb. 16, 201 That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Golombek moved: aKd the '9= � andril&d. That aboVe- 0n6oQ Adopted. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Recommended by the Committee on Legislation TAB:rmv tAwp60\mswordVmY\47c2-1 6c, doc (�' 5 " k 0, -IPXA "III" Chairman U 0600 MMM ---- Concerns Reg. Process of Becoming a Buffalo Firefighter (Item No. 48, C.C.P., Feb. 16, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Thati kQve'm�nrd�rnneYthe e "fie�reh z`e "cerd and - fited. Adopted. REFERRED THE COMMITTEE ON CIVIL SER VICE. Recommended by the Committee on Legislation TAB:rmv t:1wp60\msNvordVniv\48c2 -] 6c.doe C airman ro---o 000'9 J. Golombek -R. Mendez- ECWA -Resp Merger Bflo Etr and BC Wtr Auth Ccp# 49,2116 Mr Golombek moved ThatA ie a�ovetit� ae "th am'e and b I e�eive anc� i ed ADOPTED Recommended by the Committee on Legislation REFERRED TO THE COMMITTEE ON FINS 00061 Amend Preservation Coda to Prevent Architectural Plunder T (Item No. 68, C.C.P., Feb. 16, 2010) That Section 337-20 and Section 337 -21 of the Preservation Code be amended to state that any removal of structure which is not a landmark be included in Preservation Board review, if the structure is eligible for designation as a local, state or national historic landmark in the City. The eligible property would also then require a Certificate of Appropriateness in the required code; and That the Law Department determine if the proposed "removal" of St. Gerard's R.C. Church may joist be another work for "demolition ", which is currently subject to Preservation Board review; and That the Law Department draw up the required ordinance amendment reflecting changes in the Buffalo Preservation Code as it pertains for the need for review and an issuance of a Certificate of Appropriateness for the removal of buildings eligible for local, state or national historic landmark designation. Adopted. Recommended by the Committee on Legislation TAl3:rmv TAwp6©Ow or&rmv168c2- i6c.doc Chairman # Ordinance Amendment — Part 1, Chapter 35, Article IX, Section 35 -38, Domestic Partnership Benefits (Ite No. 101, C.C.P., Feb. 2, 2014) (It No. 61, C.C.P., Feb. lb, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Oolombek moved: hat he Ord�,md mend nt as con Item M6. Februarq 2 2 10, s e her�y is Recommended by the Committee on Legislation TAB:rmv TAWpiVwwor& mV6 1 6c.doe C) / /')r j' " Chairr�ln� ,, �.�� r" 00063 S. Kalogridis- Against Sale of Wine in Grocery Store (ccp# 37, 2l2) Mr. Golombek moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED Recommended by the Committee on Legislation wo RESOLUTIONS RESOLUTION Sponsors: David A. Franczyk, Michael J. LoCurto RE: Community Benefits Agreement for the Canal Side Development Project WHEREAS: Buffalo, NY is the third poorest mid -sized city in the nation, with nearly 30% of its population living below the federal poverty line of $22,050 for a family of four; and WHEREAS: Our region has seen higher paying jobs replaced by lower paying service Occupations, with nearly 125,000 people in the greater Buffalo region now working in occupations where the median income is less than $20,000 per year, including 20,170 retail salespeople ($19,060), 18,780 cashiers ($16,360), and 55,920 food prep /servers ($17,300); and WHEREAS: The City of Buffalo has a Living Wage Ordinance that protects working families; and WHEREAS: The Canal Side Development Project is a $294 million development project intended to revitalize the waterfront and foster economic growth, overseen by the Erie Canal Harbor Development Corporation; and WHEREAS: The Erie Canal Harbor Development Corporation (ECHDC), a public authority created in 2007 as a subsidiary of the Empire State Development Corporation, with a state - appointed Board of Directors, has been vested with full control of the Canal Side Development Project, including eminent domain; and WHEREAS: Over 50% of the Canal Side Development Project is being financed by public dollars; and WHEREAS: The City of Buffalo, County of Erie, and State of New York are subsidizing Bass Pro Outdoor World Shop via the remediation and demolition of the former Memorial Auditorium, a direct payment to Bass Pro of $35 million dollars for development of their local facility, as well as an exemption from sales tax for construction materials, rent of only $1 /year, parking and marina use provisions, DOT funded highway signs and the like; and WHEREAS: Bass Pro annually grosses approximately $2.65 billion dollars; and WHEREAS: Whoever is named as the Master Developer of ALL private development within the project area will be responsible for further retail, hospitality, commercial, and residential enterprises for Canal Side; and WHEREAS: The Master Developer is expected to secure indirect subsidies in the form of Empire Zone credits and will receive $4 million from ECHDC to lure businesses; and WHEREAS: The ECHDC estimates that between Bass Pro and additional development, approximately 1,600 permanent jobs will be created, most of which will be retail jobs with an average salary of only $22,500; and WHEREAS: Subsidizing retail jobs has been proven to be a misuse of tax payer money, as retail jobs are.typically low -pay, zero or low - benefit, often part-time, and public dollars should not be used to fund poverty level jobs; and WHEREAS: Any job quality, building design and construction standards, objectives for minority hiring and local or small businesses and mixed income housing goals for the project are only established as "good faith" initiatives and Board Directives, save state mandated requirements; and WHEREAS: Heavily subsidized projects, such as the Canal Side Development Project, should integrate legally enforceable assurances that certain standards, including preferences for locally owned businesses, will be met and taxpayers will receive a good return on their investment; and WHEREAS: A Community Benefits Agreement (CBA) is a legally binding contract negotiated between organizations representing community interests and the developer or lead on a specific development project; and WHEREAS: Community Benefits Agreements have been used as effective tools for protecting taxpayer interests in development projects across the country, in cities such as Los Angeles, Seattle, Pittsburgh, Denver, and New Haven; and WHEREAS: The Yale-New Haven Hospital CBA was negotiated in March 2006 by the Connecticut Center for a New Economy (CONE), which set aside money for housing, economic development, youth programs and job training and included strong environmental standards, job training and a local hire program; and WHEREAS: The Hill District CBA in Pittsburgh, PA was negotiated in August 2008 by Pittsburgh UNITED. It sets out a comprehensive list of community benefits as part of the publicly financed development of the new Penguins Arena and its ancillary development. Benefits include control of all future development throughout the Hill District, funding to encourage the establishment of a full service grocery store, a neutrality agreement for all permanent. jobs as part of the development, local hire requirement, and a multi - purpose family center; and WHEREAS: A CBA or like agreement for the Canal Side Development Project would insure a quality development project that is reflective of the broader community and guarantee a return on investment; and WHEREAS: The Erie Canal Harbor Development Corporation and its parent authority, Empire State Development Corporation, should not enter into any contracts, sub- contracts, Iease agreements, or the like without negotiating a Community Benefits Agreement or like agreement, with community partners; and WHEREAS: The Community Benefits Agreement or like agreement would include a guarantee of the following: Job quality provisions, including living wage requirements for all businesses in the Project area; and • Green building and operations requirements, with all buildings meeting the equivalent of LEED- Silver and Energy Star and including effective storm water management and water conservation plans; and • Affordable housing, with a least one -third of the units affordable; and • A local business plan, with 75% of retail space outside of Bass Pro reserved for locally owned, independent businesses; and • Local and minority hiring goals for temporary and permanent jobs outside of government mandated objectives. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo Cthe Council ") fully support the creation and enactment of a Community Benefits Agreement or like agreement for the Canal Side Project to ensure a strong and long-term return on the public's multi - million dollar investment; and BE IT FURTHER RESOLVED, that the Council go on record as opposed to Erie County providing further subsidies to the Erie Canal Harbor Development Corporation, Bass Pro, and the Master Developer unless a CBA or like agreement, acceptable to all parties, is negotiated; BE IT FURTHER RESOLVED, that the Council will not transfer the thirteen acres of City - controlled property, without a CBA or like agreement, acceptable to all parties; BE IT FURTHER RESOLVED, that the Council encourage ECHDC, Bass Pro, and the Master Developer to continue communications regarding the negotiation of a CBA or like agreement with the community organizations concerned with the current project proposal; BE IT FINALLY RESOLVED, that certified copies of this resolution be sent to Governor Patterson, the WNY State Delegation, the ECIDA, the Empire State Development Corporation, the Erie Canal Harbor Development Corporation, and the Erie County Legislature. ' 04 a, David A. liranczyk Michael VLoCurto REFERRED TP THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE ERIE CANAL HARBOR DEVELOPMENT 000 RESOLUTION Sponsors. Mr. Franczyk; Mr. Fontana; and Mr. Kearns ) W A YA)i$ Subject: Devised FEMA Digital Flood Insurance Date Maps and Flood Insurance Study WHEREAS, Pursuant to the National Flood Insurance Program ( "NFIP "), which is administered by the Federal Emergency Management Agency ( "FEMA "), Flood Insurance Rate Maps ( "FIRMs ") and a Flood Insurance Study report ( "FIS ") for Erie County, including the City of Buffalo, are in the process of being revised to reflect new data; and WHEREAS, These new FIRMS and FIS will illustrate the extent of flood hazards in our community by depicting flood risk zones and will be used to determine who will be legally required to purchase flood insurance and the floodplain development regulations that will apply in the City of Buffalo and Erie County; and WHEREAS, Under the NFIP, participating communities are requited to designate a "Flood Plain Administer" to, among other things, act as a point of contact for communications with FEMA regarding the NFIP and to assist with accessing and analyzing FIRMs and the FIS; and WHEREAS, At this time, FEMA information indicates that the .Flood Plain Administrator for the City of Buffalo is the "Deputy Mayor ;" and WHEREAS, It is critical that the Common Council be kept up to date on all information relating to the City's ongoing involvement and participation in the NFIP, particularly as pertains to discussions with and information supplied by FEMA concerning the development of new FIRMS and a new FIS, because Common Council action will ultimately be required to effectuate these changes and these updates will have a significantly impact on the lives of many city residents; and NOW THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council respectfully requests that, with all possible expediency, the Mayor of the City of Buffalo file or cause to be filed with the City Clerk, current contact information for the City's Floodplain Administrator to include that individual's name, title, postal address, telephone number and email address; and BE IT FURTHER RESOLVED, That the City of Buffalo Common Council respectfully requests that, with all possible expediency, the Mayor of the City of Buffalo file or cause to be filed with the City Clerk, all information supplied by FEMA, the New York State Dept. of Environmental Conservation ( "NYSDEC ") and /or other government agencies regarding changes to the FIRMs and FIS applicable to the City of Buffalo. s_ David A Franczyk Richard A. Fontana Michael P. Kearns f Fillmorc District Council Member Lovejoy District Council Member South District Council Member Y ADOPT RESOLVES, REFER REMAINDER TO THE COMMI'T'TEE ON LEGISLATION `�, 00060 BY MESSERS FRANCZYK, KEARNS AND 'ONTANA f+k � r RE: FIGHT NEW FEMA. PLAN PUTTING OLD V' WARD, ETC. IN FLOODPLAIN WHEREAS: The revised 2010 Federal Emergency Management Agency (FEMA) is once again proposing a preliminary map which puts the Old First Ward, parts of the South Buffalo, Lovejoy and other city areas into the 100 -year flood plain; and, WHEREAS: The inclusion of the Old First Wand into the 100-year fioodplain would have an extremely negative impact on some property owners in the Ward, who might be forced by FEMA to buy expensive flood insurance. According to FEMA regulations, property owners who currently hold mortgages or home improvement loans on properties located in designated floodplains are required to purchase flood insurance policies on their property; and, WHEREAS: It is in the interest of the City of Buffalo to aggressively challenge the FEMA findings in order to prevent the Old First "Ward's designation into the I00 -year flood plain; and, WHEREAS: The City of Buffalo has previously contracted with the URS company to analyze the data and methodology utilized by FEMA and the New York State Department of Environmental Conservation (DEC) in calculating the flood zone, which was proven to be flawed; and, WHEREAS: FEMA results reportedly suggest that the LIDAR airborne surveying technology used to calculate land elevation in the Old First Ward pushes the neighborhood into the 100 -year flood plain by a mere fraction of a percentage point; and, WHEREAS: The Old First Ward was previously in a 500-year flood plain, which has no adverse impact on property owners, but FEMA's recent 580.08 2007 elevation reading puts the Old First Ward at just below the mood plain free rating of 581; and, WHERAS :.tit the March 2, 2010 FEMA informational meeting in City Hall it was stated by FEMA' s technical representative that the LIDAR surveying technology could be wrong by as many as eight inches; NOW THEREFORE BE IT RESOLVED: That the Common Council is opposed to the inclusion of the Old First 'Ward and other city areas, into the I00 -year floodplain map, which would cause great hardship for property owners, as well as stifle economic development on Buffalo's waterfront, which is on the cusp of true revitalization; BE IT FURTHER RESOLVED: �` That the city considers a number of strategies to combat the city flood plain designations including but not limited to: * Formally appealing the designation of the floodplain in the ninety day protest period, scheduled for the spring of 2010; * contracting and hiring a survey firm to survey the subject parcels to determine if they fall out of the floodplain, giver the up to 8 inch room for error in LIDAR technology; Estimate costs and budget for of a flood wall or berm (if other strategies fail) along a portion of the Buffalo River taking the Old First Ward out of the floodplain; BE IT FURTHER RESOLVED: That the Brown Administration be requested to outline its strategy in fighting to get the Old First Ward and other city areas out of the I00 -year FEMA floodplain map during the FEMA allowed flood elevation Appeal Period beginning ion the spring of 2010; BE IT FURTHER RESOLVED: That our federal delegation which has effectively challenged the FEMA floodplain designation in South Buffalo and Kaisertown be requested to aggressively work to prevent the Old First Ward from being included in the permanent adopted I00 ®year floodplain map; BE IT FINALLY RESOLVED: That copies of this resolution be forward to United States Senators Chuck Schumer and Kirsten Gillibrand, Reps. Brian Higgins and Louise Slaughter, New York State Senator William Stachowski and Mark Schroeder, FEMA and the DEC. avid A. Franczyk Michael P. earns Richard A. Fo a ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION ho` MUM By: Mr. Golombek Re: Discharge Legislation Committee Item #20 C.C.P. Dec. 8, 2009 "Food More (NeNv) 381 Bu sti (Ell)(EIDPI)" Whereas: The above item is currently in the Legislation 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 Legislation Committee from further consideration of Item #20 C.C.P. Dec. 8, 2009 "Food Store (New) 381 Busti (Ell)(EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE �� Joseph Golombek, Jr. PASSED. 0 ' F J �J t �J Mr. Golombek moved: That the above item is currently in the Committee on Legislation; and It is no longer necessary for this item to be considered by that committee; and That this Common Council does hereby discharge the Committee on Legislation from further consideration of Food Store — 381 Busti, Item No. 20, C.C.P., December 8, 2409 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 Shaif Fadhel d/b /a Hope Way Market located at 381 Busti with the following conditions: 1. That the exterior of the store is to be kept free of garbage and debris. 2. That all garbage is to be removed and cleaned by 7:04 am daily 3. That any graffiti is to be cleared within 5 (five) business days. 4. That no unframed or temporary exterior signage is permitted on the premises. Passed 37 TAwPGONmswerd\rmv \37c3- 2d.doc AYE NO FONTANA ss FRANCZYK GOLOMBEK HAYNES x KEAIS * '� LOCURTO RII .R:1R s �C RUSSELL SMITH AMY. a j ° J -2/3- 6 I it �c 3/4- 7 1 yi ♦ e l : Re: Restructuring the Buffalo Urban Renewal Agency (BURR) Whereas: Eliminating the Buffalo Economic Renaissance Corporation (BERG) and merging it with BURA is a good first step but it is not the answer for improving economic development efforts in Buffalo; and Whereas: The New York State Legislature created BURR in 1966 and required BURA to consist of nine members, seven of which are required to be government officials including the Mayor, three Concilmembers, the corporation counsel, the commissioner of urban renewal, the commissioner of administration and finance and two city of Buffalo residents appointed by the Mayor; and Whereas: Government employees whether the Mayor or the Common Council are not who we should be relying on to make professional economic development decisions, and Whereas: With all due respect most politicians and governmental employees do not know how to create private sector jobs; and Whereas: Entrepreneurs who have taken an idea from vision to implementation and endured the process of obtaining capital, dealing with governmental regulations and taxes know how to create new companies and jobs; and Whereas: What is needed in Buffalo is an economic development entity that is free of politics and the influence of politicians; and Whereas: If BURR is going to be the agency dedicated to economic development efforts in the City of Buffalo, then BURA needs to be restructured starting with its Board of Directors; and Whereas: A first step to improving Buffalo's economic development efforts is to have the right people sitting at the decision making table; and Now Therefore Be It Resolved That the Buffalo Common Council hereby supports changing the state legislation that created BURR by eliminating governmental employees from being able to serve as voting members of BURA and that a copy of this resolution be forwarded to the WNY Delegation of the New York State Legislature. t Be It Further Resolved That this item be referred to an appropriate Committee of the Common Council for further discussion and review. �� �seph Golombek, 6r REFERRED TO T HE COMMITTEE n!,% crl-NAUNITY DEVELOPMENT. 00069 By: Mr. Kearns Increased Appropriation That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Public Works, Parrs & Streets Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of $2,000,000. The increased appropriation will be met from money in the Reserved Fund Balance - Capital Outlay, That, the Comptroller be and hereby is authorized and directed to transfer $2,000,000 from the Reserved Fund Balance - Capital Outlay to meet this increased appropriation as detailed below: From: 10700096 - 397200 Reserved Fund Balance- Capital Outlay $2,000,000 To: To meet the increased appropriation as set forth below: 14160007 - 474100 Equipment $1,200,000 14160007 - 474200 Vehicles $ 600,000 REFERRED COMMITTEE ON FINANCE. A §` I f � P Resolution By: Council Member Michael P. Kearns Re: Discharge Finance Committee from consideration of the following item: (No..54. C.C.P. February 2.2410 "Permission to Engage Services of C Eng ineer Residential Meterin Pro ram" 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 No 54, C.C.P. February 2, 2 010, "Permission to Engage Services of Consulting Engineer Residential Metering Program" and said item is now before the Common Council for its consideration. Michael P. Kearns South District Council Member Finance Committee Chair RE FERRED THE CO 1 N FINS � j S " A P -& b;k r � All-AX #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 11, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: for the Residential Metering Program PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, barks and Streets to grant permission to hire a consultant to provide engineering services for the next phase of the metering program. This includes assisting with the management of the meter supply contract including review of payment applications, monthly meetings to discuss status, and coordinating with NYSDEC on the status and implementation of the program. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in a Division of Water accounts 53003207 470001 and 53023517 473020. � TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 5 `tip l� 00071 Resolution Sponsor: Councilmember Michael J. LoCurto RE: Creation of "Parking Benefit Districts" in the City of Buffalo Whereas: A "Parking Benefit District" is defined as an area with specific boundaries where a portion of the revenue generated from metered parking is invested back into that specific district; and Whereas: In cities where Parking Benefit Districts have been created, revenue generated from parking, less City expenses for maintenance and enforcement, has been put back into their corresponding districts; and Whereas: Parking revenue generated by Parking Benefit Districts has been reinvested into those districts through funding sidewalk and curb improvements, bicycle lanes, promotion of transit use, street trees, street furniture, lighting, cleanup efforts, and other infrastructure improvements; and Whereas: Parking Benefit Districts have been established in cities such as Pasadena, California and Austin, Texas; and Whereas: The business districts on Elmwood and Hertel Avenues are amongst the most heavily - trafficked and heavily metered in Buffalo; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo investigate the feasibility of the creation of Parking Benefit Districts in the City; and Be It Further Resolved: That this issue be referred to an appropriate committee for discussion with all relevant City Departments; and Be It Finally Resolved: That a copy of this resolution be sent to the Departments of Public Works, Parking Enforcement, and Administration and Finance. Michael J.Curto REFERRED TO THE COMMITTEE ON FINANCE 000720 «, FIMISJUTt 01. By: Council Member Michael J. LoCurto Re: Discharge Community Development from consideration of the following item: "Report of Sales-236 Pershing (Ell) (Com 6, C.C.P. December 22, 2009) Whereas: The above item is currently in the Community Development 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 Community Development Committee from further consideration of Item (Corn 6, C.C.P. December 22, 20019), "Report of Sales-236 Pershing" (Ell) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE * AVE *NO* * FONTANA * FRANCZYK * GOL®MBEK * HAYNES * KEARNS * L®CU T® * RIVERA * RUSSELL * '� * SARTH * * x * Ma j-5 * 2/3- 6 3/4- 7 00073 By: Council Member Michael J. l_oCurto Re: Discharge Community Development from consideration of the following item: "Report of Sales -112, 116 Jersey (Ell) (No 63, C.C.P. December 22, 2009) Whereas: The above item is currently in the Community Development 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 Community Development Committee from further consideration of Item (No 63, C.C.P. December 22, 2009), "Report of Sales -112, 126Jersey" (Ell) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED, ,1 AYE NO FONTANA FRANCZYK * GOLOMIREK * HAYNES KEARNS LOCURTO RIVERA RUSSELL ik SMITH Maj - 5 2/3- 6 314 - 7 0007 E, RESOLUTION Sponsor: Mr. LoCurto Re: Appointment to the Bicycle/Pedestrian Advisory Board Whereas: There currently exists at least one opening on the Bicycle /Pedestrian Advisory Board; and Whereas: Pursuant to § 6 -60 (Appointment of members; terms of office) of the Code of the City of Buffalo, the Advisory Board shall consist of 15 members. There shall be I 1 voting members, appointed by the Buffalo Common Council and approved by the Mayor. At least five members shall be active cyclists, and at least four members shall be active pedestrians. One member shall be a member of the Disability Advisory Council. One member shall be an employee of the Department of Public Works. There shall also be four nonvoting members appointed by the Buffalo Common Council and approved by the Mayor and shall include one representative from each of the following departments: the Buffalo Common Council, the Buffalo Police Department, the Traffic Engineer and the Office of Strategic Planning; and Whereas: Lynn Magdol resides within the City of Buffalo at 166 Lancaster Avenue and has a demonstrated history of service to her community, having formerly served as a liaison to the Buffalo Niagara Medical Campus project and on the board of a community food cooperative and block club; and Whereas: Lynn Magdol is both an active cyclist and pedestrian, having been a bicycle commuter since the 1960's. Ms. Magdol commutes to work by bicycle when weather permits; and Whereas: Appointing Lynn Magdol to the Bicycle /Pedestrian Advisory Board would be beneficial to the City of Buffalo; and Blow, Therefore, Be It Resolved: That, effective immediately, Lynn Magdol is hereby appointed by the Common Council of the City of Buffalo to serve as a voting member on the Bicycle /Pedestrian Advisory Board. Michael J. LoCurto Delaward'bistriet Council Member g N7, PASSED ,' r ' M_ J FONTANA -qq,, is R pp N rrggYK GOLOEVYdDL' K I A ES s4 ]KEA fiy�g�,, p ��gg��77 [�.L. S a4 LOCIRTO . . y vk RIijERA sY g RUSSELL � rg. SMITH x iq'Yaj - 5 x x 2/3- 6 3/4- 7 �` �` 000'5 f 4.918 1161►i1 By: Council Member Michael J. I_oCurto Re: Discharge Community Development from consideration of the following item: "Report of Sale- 74 Richlawn Avenue (Mas) (No 65, C.C.P. December 22, 2009) Whereas: The above item is currently in the Community Development 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 Community Development Committee from further consideration of Item No 65, C.C.P. December 22, 2009, "Report of Sale -74 Richlawn Avenue" and said item is now before the Common Council for its consideration. Michael J. l.oC.urio Delaware District Council Member Community Development Chair ✓lam U f(ll- 0 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Charles Griffasi By Councilmember Fontana, LoCurto 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 (�it� of +�ttffttln At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, March 2 2010, the following proclarraation was unanimously adopted, sponsored by Lovejoy District Councilinember Richard A. Fontana and Delaware District Councilmember Michael I LoCurto: Whereas: Mr. Charles A. Griffasi has been a long time advocate and activist for the improvement of'the City of Buffalo; and Whereas: Mr. Griffasi's goals include the revitalization of local business as well as residential neighborhoods; and Whereas: The neighborhoods and businesses along_ Niagara St. have suffered a considerable amount of loss of commerce and deterioration in past decades; and Whereas; Efforts must be made to revitalize the local economy. that once existed along Niagara St as well as improve the quality of life of residents wthat area. Now, Therefore, Be It Proclaimed. Mr. Charles Griffasi proposes that the expanse of Niagara St. which originates in Niagara Square and terminates at the Buffalo /Kenmore border- be renamed either Niagara Boulevard or Niagara River Boulevard; and Be It Further Resolved: That the re- dedication of Niagara St. will act as a catalyst for the revitalization of the economy and residential life in the City of Buffalo. f� Richard A. Fontana . . Majority Leader Michael -IA €rCurto Councilmember 00077 Y. - N . MWIM ►� a Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties j0 Jl ,. 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 • David O. Reyes • Roxanne M. Chase TOTAL 2 00003 BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Laura M. Jednak James Righter Gardner • =.. A i r 1 I- E rC Em ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New Fork, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 9, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 9, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, March 9, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 9, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Given for notification, it will be provided. In addition, there may be meetings set up whereby the Citv Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 2 MMM IM Adjournment v � On a motion by Mr. Fontana, Seconded by Mr. Kea , the Council adjourned at GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #2 Office of the Mayor -201 City Hall February 10, 2010 Present: Honorable Byron Brawn, Mayor David Rodriguez, Acting Corporation Council Darryl McPherson, City Auditor Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 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 -. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of February 2010 amounting to $2,315.00 and request that checks be drawn to the order of the persons gamed herein for the amounts stated. Adopted. Ayes - Noes -0. No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m. SPECIAL SESSION February 23, 2010 AT 2:00 P.M. 1. Call for Special Session R &F 2. Discharge CD- Annual Action Plan 2010 -2011 3. Amendments to Annual Action Plan (CDBG) 2010 -2011 APP 4. Annual Action Plan. 2010 -2011 as Amended APP Adjourn R &F d--, February 23, 2010 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charted of the Ct of Buffalo, upon the written request of Five Councilmembers, dated Presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on February 23, 2010 at 2:00 P.M. for the following pupose: To receive and take appropriate action on: All Items Relating To 1.) Block Grant Annual Action Plan 2010 -201( Yours very truly, David A. Franczyk President of the Council COMMON COUNCIL CITY MALL — BUFFALO SPECIAL SESSION February 23, 2010 at 2 :00 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. * AVE * NO * Maj - S 2/3- 6 3/4- 7 FONTANA / FRANCZYK * x GOLOMBEK * HAYNES LEARNS * /* LOCURTO * k RIVERA * RUSSELL x / SMITH * x * * x * Uip February 23, 2010 Hon. David A. Franezyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Block Grant Annual Action Plan. 2010.2011 We request that this Special Meeting be held on February 23, 2010 at 2:00 P.M. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA JOSEPH GOLOMBEK CURTIS HANYES JR MICHAEL KEARNS MICHAEL LOCURTO DAVID RIVERA BONNIE E. RUSSELL DEMONS SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly card to be held on February 23, 2010 at 2:00 P.M. } ) -- j- STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) 7D r Au��)_e r s f- _J C � -1 �-( <Lc On this 23rd day of February 2010, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. A Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 GERALD A. CHWAL,INSKI City Clerk Registrar of Vital Statistics WIL.MER CL.IVENCIA, JIB. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics February 23, 2010 65 NIAGARA SQUARE ROOM 1308 CITY HAIL BUFFALO, NEW YORK 14202 PHONE: (796) 851 -5431 FAX: (796) 851 -4845 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 28, 2003, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on February 23, 2010 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Block Grant Annual Action Plan 201042011 Yours very truly, Gerald A. Chwalinski City Clerk No. Discharge Community Development Committee - Annual Action Plan (CDSG) 2010 -2011 (No. 2, CCP 2!2!10) Mr. Fontana moved that Whereas, the above item is currently in the Budget Committee arid, 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ADOPTED. 0 1 L q W V m A N C O �il m V w N A !.] N -� O �➢ W V m Gs A W IV n �O m V m In A W N � Q n o ° c a c n m n ! C7 ° �.c p n nUi Or7 9 3 3 ,+ j �. o tow � a_w °a j v -a4 t3 a p mJ a ' 0OO -i`� �r t m n� 'fn'v m .gim � — " M- ee a @� 2 ? 4 °� 5 8 8 i 9a a �'c✓�rc�'scr�9c�c�r�a a e s m u, C V G1 V A � N V � N m O u m : =a .n u�i 1 N . y d C1 a C! 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Plan (Year 36 Community Development Block Grant) Attached for Your Honorable Body's consideration, please find the City of Buf'falo's 2010 -2011 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $16,091,522 HOME .Investment Paftnership Grant 5,081876 Emergency Shelter Grant 706,910 Housing OpporWities for Persons with AIDS 521,962 New funding in the amount of $ 1,097,994 is provided to improve city parks and recreational centers in some of the city's neediest neighborhoods, thereby improving the quality of life for residents living in the surrounding neighborhoods. With the return of these parks and recreational centers from the county, numerous needed improvements have been identified. This budget :reflects my administration's commitment to neighborhood revitalization and stabilization by increasing housing rehabilitation and demolition from $3,791,607 to $5,788,674. This funding is necessary to offset funding losses with the expiration of New York State's RESTORE NY program, which has provided approximately $20 million to the city for demolitions and rehabs over a three year period. This will support keeping the city on track to meet the goals of the Mayor's "5 in 5" plan for 500 rehabs and 5,000 demolitions within five years. fn addition, critical human service funding for community group delivery programs, that combat poverty and increase the quality of life for all, is provided in the sum of $2,413,728. The city is implementing a variety of reforms to expedite its contracting process with funded community groups and improve compliance with the requirements of the Federal Department of Housing and Urban Development (HUD). The application and requirements for presenting agency budgets has been streamlined and administrative changes have been implemented to expedite necessary approvals. With an ongoing review of the Buffalo Economic Rennaissance Corporation underway, economic development funding is provided in a form that will assure flexibility in programmatic uses until the results of this, review are completed. Program administration has been. reduced by 16 %. Pursuant to HUD's citizen participation requirements and the requirements for presenting agency budgets, the City's 2010 -2011 Annual Action Plan has been developed in consultation with Erie County and New York State representatives as well as public and - private agencies that provide housing assistance, health services, fair housing, and social services. The Annual Action Plan is also designed to carry out the objectives in the City's approved 20082012 Consolidated Plan. n Vii. Brown. Mayor E RRE T TH 1 I i r City of Buffalo Brown, 4:yron W. Mayor 2010-2011 Annual Action Recommendation Office of Strategic Planning Janet Penksa, Commissioner of Administration, Finance, Policy, and Urban Affairs Prefa In 1990, the United States Congress passed the Cranston - Gonzalez National Affordable Housing Act which required local governments receiving Federal funds for the administration of housing and community development programs to prepare a five -year plan showing the use of Federal resources. The Consolidated Plan for Housing and Community Development is a prerequisite for the City's annual funding from the U. S. Department of Housing and Urban Development (HUD) for four Federal entitlement programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and Housing opportunities for People with Aids (HOPWA). The annual funding of the City's priority projects is described in the Annual Action Plan. Each project addresses one of the City's most critical needs in economic development, neighborhood revitalization, housing development, and public services for low and moderate- income families and homelessness. Each year the City solicits citizen participation in developing the Annual Action Plan. The City's Office of Strategic Planning officials conducted a public hearing and an application workshop to enhance community participation. Andrew Eszak, Director of Planning, conducted a public hearing on community needs which was held on November 16, 2009 at the Delavan Grider Community Center, Mr. Eszak, provided estimated amounts for entitlements, reviewed the Consolidated Plan's goals and objectives, reviewed the adoption process, and addressed participant comments and concerns. Mr. Eszak also discussed the City's targeting efforts. A Technical Assistance Workshop was held on November 18, 2009 at the Delavan Grider Community Center. This year the City streamlined its application and handbook to make the process easier for non - profit agencies to apply for funding. Ms. Yvonne McCray, Director of Housing, conducted the Workshop. Technical assistance was provided for agency capacity, performance measurement, allowable costs, allocable costs, and cost allocation. The Consolidated Plan Goals were reviewed and guidance was provided on the types of activities eligible for funding. The evaluation process was also explained. A Public Notice advertising the public hearing and application workshop was printed in the legal section of the Buffalo News, a publication with the greatest distribution throughout the City. The Public Notice was also advertised in minority and ethnic publications, the Buffalo Criterion and La Ultima Hora, The City also sent out approximately 700 notices of the Adoption Process Schedule to individuals, block clubs, the Buffalo Municipal Housing Authority, and community groups. The City's community based non- profit organizations posted the notices in their centers. The forum, workshop and public hearing were also advertised on the City's web site. The application package was available on the City's Office of Strategic Planning's web site at htto:liwww .city- buffalo.com /Home /City Q of Strategic PIanninalConsoIidated Plan Documents. A hard copy of the application, and handbook were distributed at the Application Workshop. In addition, the documents were also made available on computer disk for distribution at the Application Workshop. Table Contents Year 36 Annual Action Plan Process ..................... ..............................1 Executive Summary ................................... ..............................2 Year 36 Proposed Budget -Line item Summary ...... . .................... . . . ............. 3 YEAR 36 ANNUAL ACTION PLAN PROCESS The City of Buffalo, via the Office of Strategic Planning, adheres to the following process in order to submit a proposed 2010 -2011 Annual Action Plan to the U.S. Department of Housing & Urban Development. The process follows various regulations set forth by the Department of Housing & Urban Development to ensure compliance for citizen participation. 6PP Announcement. Public Notice was made on October 30, 2009 in the Buffalo News to announce the beginning of the 2010 -2011 Consolidated Plan process. This announcement is made so that citizens are aware of the City's goal to prepare a document for submission to HUD. 4- Public Hearing: [November 16, 2009, 6:00 p.m. at the Delavan Grider Community Center], Public Notice was made in the Buffalo News, the Buffalo Criterian, La Ultima Hora and on the City's website to invite citizens to discuss their housing and community development needs, identify priorities for resources, provide an estimate of funding amounts, and provide a review of the previous year's progress. Announce availability of Request for Proposals (RFP) for ESG, HOPWA, and CDBG public service and public improvements funding. Information was also presented on the Consolidated Plan and the proposed annual spending plan, outline the contracting of programming and services and engage in citizen participation. 6;6 Apr4 Workshoo: [November 18, 2009, 9:00 a.m. at the Delavan Grider Community Center]. Assist those interested organizations with the familiarity of the application, its review and approval process and related requirements needed for submission. �.° Mavor's Recommendation: The Mayor reviews all comments and recommendations and recommends an Annual Action Plan. The recommendation is forwarded to the Common Council and BFSA for their review. btb Common Council /Buffalo Fiscal Stabilitv Authoritv (BFSA) Review: [CC Review January 19,2010 — February 2, 2010] Common Council and BFSA are given an opportunity to comment on the proposed Consolidated Plan and 2010 -2011 Annual Action Plan. 696 Public Hearing: [February 8, 2010, 6:00 p.m., [Location to be Determined] The proposed 2010 -2011 Annual Action Plan will be made available to the general public for their review and discussion. 6 0 6 30 -Dav Comment Period: Commencing with the Public Hearing, a 30-day comment period shall ensue to allow comments from the citizens at- large. All comments will be collected and included within the plan before submission to HUD. 6 1 6 BURA Adoption: [Thursday, March 11, 2010] The Buffalo Urban Renewal Agency shall review aIV comments and recommendations and approve a final Consolidated Plan and Annual Action Plan that is to be submitted to HUD for approval. 6 6 • Submission to HUD: On or before March 16, 2010 the City of Buffalo shall submit to the U.S. Department of Housing & Urban Development the adopted 2010 -2011 (Year 36) Annual Action Plan. It shall include all comments submitted to the Office of Strategic Planning. EXECUTIVE SUMMARY The Annual Action Plan reflects the City's funding priorities and identifies the projects proposed to receive Federal funds ender the CDBG, HOME, ADDI, ESG, and HOPWA programs. The Annual Action Plan describes priority projects for neighborhood revitalization, public improvements, housing development, economic development, public services, and homeless activities. The City of Buffalo will receive over $24.3 million in Federal grants from HUD's Community Planning and Development Programs. In fiscal year 2010, the City estimates it will receive $16,091,522 for CDBG (plus utilize $1,650,000 of program income generated from prior years' grant activities), $5,081,876 for HOME (plus $250,000 of program income), $521,962 for HOPWA, and $706,910 for ESG. CDBG, HOME, HOPWA and ESG activities leverage millions of dollars in State, local. and private financing. They enhance the City's housing and community development programs, supporting safe, well - planned, attractive residential and business districts. CDBG financed projects respond to the most urgent needs of limited income residents. The City estimates that over 70% of the funding allocated to CDBG activities will benefit low to moderate income persons. Maximum benefit is derived from each dollar spent. The City's first major goal is to concentrate neighborhood revitalization and public improvement activities within thirteen (13) targeted revitalization areas. To achieve the greatest impact, the City will try to focus program dollars annually in certain neighborhoods within these targeted areas. Specific neighborhoods within these areas include: - Willett Park Homeownership Zone - Lakeview - Black Rock - Leroy - Broadway /Pillmore - Cold Springs - Cazenovia Park - Medical Park - Seneca 1T'riangie - Schiller Park - Grant/Ferry - Hamlin Park - Masten Park A description of these neighborhoods is included in the "Mayor's Livable Communities Initiative — A Housing Strategy for the City of Buffalo ". HOME dollars for the Owner Occupied Rehab Loan Program as well as Community Housing Development Organization (CHDO) Rehabilitation Projects will also be focused in areas. Seven CHDO sponsored activities are underway on targeted streets in the University, Niagara, North, Fillmore, Lovejoy, Ellicott, and Masten Districts of the City. Public facilities and improvement projects to be undertaken in these areas include park and playground improvements in low income neighborhoods. The City will also be targeting funding for its Mid City Neighborhood Revitalization Strategy Area. Funds will be used to provide emergency rehab loan assistance to middle and low to moderate income homeowners. The City will also provide an employment training program in the NRSA. The City will use its CDBG funds to provide Emergency Rehab Loan Assistance to low - moderate income homeowners on a city -wide basis. Revitalization of deteriorating neighborhoods will be accomplished through acquisition -rehab resale activities, demolition and clearance of blighted structures. priority will be given to preserving the existing housing stock through rehabilitation and energy conservation to maintain a high level of quality housing for low- and moderate - income residents. Public housing renovations and modernization, and handicapped accessibility improvements are high priorities. The support for public housing projects will be accomplished through support of the Hope VI (Lakeview) and proposed A. D. Price projects. A major goal is to stimulate neighborhood and economic revitalization activities in low and moderate income areas of the city. A Neighborhood, Business and Commercial Loan Program is also being funded to support this goal. 2 Another major oal is to support public services that improve h h welfare and residents, es eciall g pp p p e t e health, a safety of p y the elderly, frail elderly, the homeless, persons with special needs and other vulnerable populations. CDBG activities include senior services; health care services; housing services to support affordable housing opportunities for first -time homebuyers and to prevent homelessness; fair housing services, transportation; child care and youth services; employment training services; crime prevention and elimination services; and services to persons with disabilities. Funding for certain programs providing technical and administrative support have now been deemed ineligible by MUD. Instead funding from these disallowed programs will support direct neighborhood and economic revitalization. Funding will now be directed to revitalize city parks central to neighborhood revitalization and the quality of life for individual and families residing in these neighborhoods, as well as other neighborhood improvements. The Annual Action Plan for the HOME Investment Partnerships (HOME) Program, Year 2010 -2011, addresses the City's goal to achieve quality housing for all residents. As in prior years, the City will continue to use an RFP process to implement the targeted housing rehab program to ensure the concentration of financial resources and a greater impact in selected neighborhood revitalization strategy areas, and to assist owners who need to repair emergency conditions. The City will also work with HUD, its technical assistance provider, banks and other national not -for- profit organizations to expand the capacity of nonprofit housing providers, thereby strengthening the City's housing programs and better leveraging private sector participation. The Annual Action Plan for the Housing Opportunities for Persons with AIDS (HOPWA) Program, Year 2010 -2011 continues services for the HIV and AIDS community. Housing for persons living with HIVWIDS is provided through tenant -based rental assistance, short term /emergency housing payments (i.e., utility shutoff prevention), support for housing units in congregate care facilities, and support services such as food pantries. The Annual Action Plana for the Emergency Shelter Grant (ESG) Program, Year 2010 -2011 continues emergency services for homeless families at area shelters. The proposed funding will fund a continuum of care that will provide active outreach to seek homeless individuals and families in soup kitchens, shelters, in parks, abandoned homes and other places where homeless individuals and families are found. Legal representation will be provided to clients who face eviction in housing court or who face foreclosure because of delinquent property tax payments. ESG funds are also provided for rent payments, security deposits and utility payments. YEAR 36 P BUDGET _. PUBLIC FACILITIES & IMPROVEMENTS 1� 1,097,994.00 Park/Plavground lmprovements Park/playground improvements in low /mod neighborhoods. Improvements will include Installation of shelters, roof replacements, play structures, bleachers, and wellness & fitness equipment and security lighting. 90,373.00 Program Deliverv- Public Facilities & Improvements Funding allocation for those costs (salary) directly associated with the improvement of various public facilities, which are included within the City's Annual Action and 5 -Year Consolidated Plans. 9,000.00 Livable Communities Block Club Grants Grants provided to Block Clubs and non - profit organizations for various beautification initiatives. 519,99100 Public Improvements Improvements to streets /sidewalks in low /mod neighborhoods throughout each of the city's council districts. 249,623.00 Public Improvements Improvements to streets /sidewalks /safety lighting in low /mod neighborhoods throughout the city. 4 675,797.00 Emerqencv Shelter Grant (ESGI [ESG] Regulatory funding designated to benefit the homeless community by affording them housing and quality of life opportunities where discrimination andlor lack of resources exist. The following are those -who have been recommended for funding. City Mission 64,797 Community Action Organization 20,000 Compass House 46,000 Crisis Services 155,000 FLARE 33,500 Gerard Place 33,500 Hispanics United of Buffalo 32,000 Legal Aid Bureau of Buffalo 23,000 Lt. Matt Urban Center 75,000 Neighborhood Legal Services 60,000 Salvation Army 40,000 Saving Grace Ministries 30,000 VIVE 25,000 WNY Vets 24,000 YWCA of WNY 15,000 506,30100 Housina Opportunities for Persons with AIDS fHOPWA) [HOPWA] Regulatory funding designated to benefit the AIDS community by affording them housing and quality of life opportunities where discrimination and/or lack of resources exist. The following are those who have been recommended for funding. AIDS Community Services 185,000 American Red Cross 121,303 Benedict House 145,000 Group Ministries 55,000 5 �� CLEARANCE ACTIVITIES 744,479.00 Clean & Seal Salaries and supplies for the 'Clean & Seal' Crew, which board -up vacant structures and improve vacant lots throughout the city. Coordination of the Clean & Seal Crew is performed by the City's Division of Citizen Services. 2,156,361.00 Demolitions — Citvwide Funding for the demolition of various structures which perpetuate slum and blight conditions or pose an impending hazardous condition (fire damage, etc.). This will compliment the City's annual bond appropriation. 60,000.00 Remediation BURA Site(s) Funding for the remediation of various BURA owned sites that have environmental concerns. 56,340.00 Program Deliverv- Demolitions /Clearance Activities Funding allocation for those costs (salaries and fringe benefits) directly associated with the demolition and clearance of various structures, which are included within the City's Annual Action and 5 -Year Consolidated Plans. PUBLIC SERVICES 2,413,728.00 Public Services Public services for city residents. Services include, but are not limited to youth, senior, cultural enrichment, literacy and special needs (physical /mental handicapped). Advisory Board for Lovejoy Elderly & Youth- Seniors 87,720 African Cultural Center — Youth 69,690 Back to Basics — Substance Abuse 30,573 Buffalo Urban League- Don't Borrow Trouble 45,573 Community Action Org. /Friends to Elderly — Senior & Youth Programs 29,771 Community Action Org. /Pratt Willert- Senior & Youth Programs 71,146 Concerned Ecumenical Ministries — Senior 36,567 CRUCIAL Human Services — Youth 71,367 Erie Regional Housing Dev. Corp. /Los Tainos (S &Y) 89,623 Fillmore -Leroy Area Residents (Senior & Youth) 34,692 Gloria Parks HS /University Heights (Senior & Youth) 126,146 Hispanics United Of Buffalo (Senior Program) 25,573 Homefront 20.000 Homeless Alliance 26,845 Housing Opportunities Made Equal — Fair Housing 75,573 King Urban Life Center —Youth Program 40,573 Legal Aid Bureau of WNY a- Pair Housing 60,573 Legal Aid Bureau of WNY — Mortgage Foreclosure 30,573 Legal Aid Bureau -- Legal Services for the Elderly 14,234 Literacy Volunteers of WNY 13,091 Metro CDC — Senior & Youth Programs 95,573 Neighborhood Legal Services 35,573 North Buffalo CDC — Senior & youth Programs 96,932 Northwest Community Center — Senior & Youth 246,519 Old First Ward — Senior & Youth Programs 57,194 Parkside Community Association — Youth Program 22,000 People, Inc —Handicapped Program 26,004 Police Athletic League — Youth Program 112,604 Polish Community Center /Matt Urban -- Sr. & Youth 169,146 Schiller Park — Senior Program 102,073 Seneca- Babcock HS — Senior & Youth Program 52,792 South Buffalo Community Center — Senior Program 134,573 Valley Community Association — Senior Program 25,573 West Side Community Services- Senior, Youth, Anti -Crime Program 154,146 West Side NHS 20,000 WNY Law Center (Anti - Flipping) 20,000 William- Emslie YMCA — Senior Program 42,573 100,000.00 Public Services — Mid Citv NRSA Public services pursuant to the strategy carried out by a community based development organization. Services include employment training including contractor training in home improvement and lead abatement. Upon successful completion of course instruction candidates may be referred to work on the City's Weatherization Program. HOMEOWNERSHIP ASSISTANCE 100,000.00 ©ownnavment Assistance Funding for down payment and/or closing cost assistance for eligible low /moderate income first time homebuyers. 244,710.00 Proqram Deliverv- Homeownership Assistance Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of homeownership assistance, which is included within the City's Annual Action and 5-Year Consolidated Plans. Homebuver Assistance Proaram 163,000.00 Contract to provide for delivery of homeownership assistance to prospective individuals that desire to become homeowners. REHABILITATION ACTIVITIES 1,200,000.00 E.meraencv Loan Proaram (Single /Multiple Units) Program to assist eligible homeowners with various 'emergency' repairs, such as roof and furnace repair or replacement, repair of broken water and sewer lines, hot water tank replacement, or correction of hazardous conditions in the main electrical panel. Funding will be available city -wide, including outside of targeted areas. 100,000.00 Emerg encv Loan Proaram (Single / Multiole Units) — Mid Citv NRSA Program to assist eligible homeowners located in the NRSA with various 'emergency' repairs, such as roof and furnace repair or replacement, repair of broken water and sewer lines, hot water tank replacement, or correction of hazardous conditions in the main electrical panel. 51% of homeowners assisted must be low /moderate income. 7 E 270,000.00 Proaram Delivery -CBO /NHS Funds allocated as contractual awards to Community Based Organization (CBO) and /or Neighborhood Housing Services (NHS) to assist with the delivery of the City's Loan Programs and to provide matching funds for the City's and agency's loan programs. Contracts will be awarded to through an Request for Proposal (RFP) process that have shown the qualifications and resources needed to accomplish the City's goals within the 5-- Year Consolidated Plan, 80,000.00 Proaram Delivery e Lead Based Paint Monitoring Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (not -for profit) that will ensure compliance with HU D Lead Based Paint Hazard Reduction Guidelines. 452,500.00 Program Deliverv- Rehabilitation Loan Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (riot- far - profit), which will administer the City's Rehabilitation Loan Program. 157,587.00 Proaram Deliverv- Rehabilitation Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of rehabilitation activities, which is included with the City's Annual Action and 5 -Year Consolidated Plans. 762,281.00 Rehabilitation -CHDO [HOME] Mandatory set aside of 15% of the HOME allocation for certified Community Housing Development Organizations that undertake housing redevelopment activities, including acquisition /rehablresale programs or other CHDO eligible affordable housing. 254,094.00 Rehabilitation -CHDO lOoeratfnq Costs [HOME=] Operating Cost allocation for those Community Based Organization (CBO) and/or Neighborhood Housing Service agencies (NHS) that are designated as Community Housing Development Organizations (CHDO), for various housing initiatives. 1,650,000.00 Rehabilitation -Loan Proaram !Owner Occupied) [HOME] Funding source for City's rehabilitation loan program for low - moderate income City residents to bring homes in targeted areas into compliance with local codes and to ensure adherence to lead based paint hazard reduction requirements. M 100,000.00 Acouisition/Rehab NRSA [HOME] . Funds for acquisition /rehab of residential properties in the Mid City Neighborhood Revitalization Area (NRSA). 1 o0,000.00 Acauisi #ion /Rehab NRSA Funds for acquisition /rehab of residential properties in the Mid City Neighborhood Revitalization Area (NRSA). 100,000.00 Weatherization Proc Funding to assist eligible homeowners with weatherization repairs aimed at improving thia home's ability to withstand the elements, including insulation and weather- stripping as well as improving energy efficiency including new windows and doors, and other similar improvements. 270,000.00 Proaram Delivery -CBO /NHS Funds allocated as contractual awards to Community Based Organization (CBO) and /or Neighborhood Housing Services (NHS) to assist with the delivery of the City's Loan Programs and to provide matching funds for the City's and agency's loan programs. Contracts will be awarded to through an Request for Proposal (RFP) process that have shown the qualifications and resources needed to accomplish the City's goals within the 5-- Year Consolidated Plan, 80,000.00 Proaram Delivery e Lead Based Paint Monitoring Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (not -for profit) that will ensure compliance with HU D Lead Based Paint Hazard Reduction Guidelines. 452,500.00 Program Deliverv- Rehabilitation Loan Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (riot- far - profit), which will administer the City's Rehabilitation Loan Program. 157,587.00 Proaram Deliverv- Rehabilitation Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of rehabilitation activities, which is included with the City's Annual Action and 5 -Year Consolidated Plans. 762,281.00 Rehabilitation -CHDO [HOME] Mandatory set aside of 15% of the HOME allocation for certified Community Housing Development Organizations that undertake housing redevelopment activities, including acquisition /rehablresale programs or other CHDO eligible affordable housing. 254,094.00 Rehabilitation -CHDO lOoeratfnq Costs [HOME=] Operating Cost allocation for those Community Based Organization (CBO) and/or Neighborhood Housing Service agencies (NHS) that are designated as Community Housing Development Organizations (CHDO), for various housing initiatives. 1,650,000.00 Rehabilitation -Loan Proaram !Owner Occupied) [HOME] Funding source for City's rehabilitation loan program for low - moderate income City residents to bring homes in targeted areas into compliance with local codes and to ensure adherence to lead based paint hazard reduction requirements. M 2,032,313.00 Rental Rehabilitation /New Construction (Mufti F'amilv) [HOME] Funding to rehabilitate and/or improve multi family structures, which are owned by investors and are within targeted areas of the city as designated within the 5 -Year Consolidated Plan. Funding will be available in other parts of the city but will be analyzed to ensure compliance within the City's 5 -Year Consolidated Plan. DIRECT ECONOMIC DEVELOPMENT ASSISTANCE 1,700,000,00 Neighborhood Commercial Loan Program Amount allocated toward a neighborhood commercial loan program. These funds will be used as leverage for larger amounts of funding with institutional financing. 600,000.00 Prog ram Deliverv- Lendina Funding allocation for those costs (salaries, fringe benefits, fees, etc.) directly associated with the implementation of lending activities. 1,427,530.00 HUD Section 108 Debt Reaavment The amount necessary for repayment of funds borrowed through the HUD Section 108 program. 9 � PLANNINGIADMINISTRATION '1,510,578,00 Planning, Policv, Management Funding allocation for those costs (salaries and fringe benefits) directly associated with the planning, policy, and management of the City's Annual Action and 5 -Year Consolidated Plans. 1,149,477.00 General Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the general administration of the City's Annual Action and 5 -Year Consolidated Plans. 533,188.00 General Administration HOME Invest Partnership Program (HOME) [NOME] Represents the 10 administration cost cap for the HOME entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 600,000.00 General Admin Funding allocation for those costs (salaries, fringe benefits, and non - salary costs such as professional fees, office supplies, etc.) associated with the general administration of the economic development program as it conducts activities related to the City's Annual Action and 5 -Year Consolidated Plans. 31,113.00 Emergencv Shelter Grant (ESG) Administration [ESG] Represents 5% of the ESG entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 95,659.00 Housina Opportunities for Persons with AIDS (HOPWA) Administration [HOPWA] Represents 3% of the HOPWA entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 296,249.00 General Admin -BURA Overhead Funding allocation for those administrative non - salary costs, office supplies, printing, postage, etc, associated with the administration of the City's Annual Action and 5 -Year Consolidated Plans. 10 * AYE *NO* * FONTANA * FRANCZYK * GOLOMBEK HAYNES * LEARNS * L®CURT(3 * * RUSSELL SMITH * A> a j 5 2 /3 - 6 3/4- 7 � t No. Adjournment On a motion by Councilmember Fontana, Seconded by 111n,. h�16 7 , the Council adjourned at GERALD A. CHWALINSKI CITY CLERK