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HomeMy WebLinkAbout10-0316CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, March 16, 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 March 2, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH I----- m__em_m_] [ MA1 A 5 ] [ 213 - 6 ] [3/4- 7] *AYE* NO * * * ** * * * * f=* * * * * * * * * * * * * * * * * * * * * g * 0 March 16, 2010 v FROM THE MAYOR March 16, 2010 City Clerk's Department BUFFALO March 16, 2010 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 1 PASSED March 15, 2010 District Police Station Ternp Relocation — 207 Esser (North) Gerald A Chwalinski City Clerk tW� �' 3 TO THE COMMON COUNCIL DATE: March 15, 2010 FROM THE EXECUTIVE DEPARTMENT SUBJECT: D- District Police Station/ Temporary Relocation From 669 Hertel to Proposed Temporary Leased Premises at 207 Esser Street/Approval of Temporary Lease On February 12, 2010 the D- District Police Station was temporarily relocated from 669 Hertel to a vacant City -owned school building located outside D District at 91 Lisbon which was immediately available to be occupied. Since that time, Police Department Officials have looked at and inspected several locations within D District to serve as a temporary location until repairs are completed at 669 Hertel. One of the locations inspected was the vacant former All Saints School located at 207 Esser about two miles northwest of the 669 Hertel D- District Police Station. Monsignor Clody from All Saints Parish has offered use of a portion of the former All Saints School by the Police Department on a month to month basis upon the following terms and conditions: 1. The lease shall be between All Saints Roman Catholic Church Society of Buffalo, New York (Landlord) and the City of Buffalo (Tenant). 2. The term of the lease (term) shall be month to month, and shall begin as of March 15, 2010 and shall end on April 14, 2010. Thereafter, the lease shall continue on a month -to -month basis. Either party shall have the right to terminate the lease upon thirty (30) days written notice to the other party. 3. The tenant shall pay to the Landlord the sum of $4,500.00 per month (Monthly Rental) for the term of the lease payable in advance on the 15' of each month of the lease. Tenant shall be charged a 2% late fee for any payment made after the 30' day of the month. Tenant shall provide the Landlord with a deposit equal to one month's rent as security, which deposit shall be held by the landlord during the term of the lease. 4. The leased premises shall be a portion of the lower level of the school, two offices on the first floor all as more particularly set forth in the attached lease agreement and use of the parish parking lot. 5. Landlord will provide maintenance for the common areas of the school and snow removal from sidewalks and parish parking lot. 6. The Landlord shall provide and pay for all utilities for the leased premises including gas, electric, water and any sewer charges. Tenant pays for Tenant's telephone service. 7. Landlord shall be responsible for all capital and/or structural repairs to the leased premises. Landlord is not required to make any improvements to the leased premises. Landlord shall be responsible for all day to day maintenance and repair of plumbing, electrical and heating fixtures and appliances and all other minor repairs and maintenance to same. S. Tenant shall be responsible for cleaning the leased premises on a daily basis and for garbage collection and disposal. 9. Tenant accepts the premises in "as -is" condition. 10. Tenant shall be responsible for any repairs, renovations or improvements made for its use. 11. Either party shall have the right to terminate the lease upon thirty (30) days written notice to the other party. 12. Tenant agrees not to use the leased premises for purposes which violate the Ethical and Religious Directives for Catholic Health Care Services. I am requesting that Your Honorable Body approve the City's temporary lease of a portion of the former All Saints School located at 207 Esser Street upon substantially the above terms and conditions for the temporary relocation of the D District Police Station. A copy of the Lease Agreement is attached to this communication. I am further requesting that I be given the authority to execute the Lease Agreement in my capacity as Mayor and further that pertinent City and Buffalo Police Department personnel be hereby authorized to take all such actions as are necessary to facilitate the temporary relocation of D- District Police Station to the 207 Esser Street proposed temporary lease premises. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Byron W. Brown Mayor (A �. .f C�ln I 1� LEASE AGREEMENT Made this day of , 2010 Between All Saints Ronan Catholic Church Society of Buffalo, N.Y. 127 Chadduck Avenue Buffalo, N.Y. 14207 (Landlord) and City of Buffalo 901 City Hall Buffalo, N.Y. (Tenant) WHEREAS, the Landlord is the Owner of the building located at 207 Esser Avenue, Buffalo, which is a building formerly used for the purposes of a parish school, and WHEREAS, the Tenant wishes to use the premises as a temporary location for its D District Police Station, and WHEREAS, the Landlord wishes to enter into a Lease with the Tenant to lease said premises to the Tenant, and WHEREAS, both parties are desirous of entering into this agreement to set forth the terms of their understanding. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. Leased Premises, Term, Rents, Deposits a. (i) The Landlord agrees to let and the Tenant agrees to take, subject to the terms of this Lease, the premises of the Landlord hereinafter described as two (2) offices located on the main floor and designated areas of the lower level of the new school, all of which is referred to as the "leased premises" and further described on Appendix A attached to this Lease. (ii) Unless this lease is for the entire premise of the Landlord, Common Areas shall at all times be subject to the exclusive control of Landlord, and Landlord shall have the right from time to time to establish and enforce reasonable rules and regulations regarding the same. Landlord shall have the right to take any action, which Landlord reasonably determines to be necessary, in connection with the Common Areas. Landlord shall maintain all of the Common Areas in good order, condition and repair. The Landlord shall also grant to the Tenant a license for ingress and egress jointly with the Landlord and others to common areas in the building including but not limited to entranceways, hallways and stairways as well as sidewalks on the outside of the premises. The Tenant shall also have a license to use the parish parking lot, on a daily basis, at its own risk, and on a space available basis jointly with the Landlord and others. The Landlord shall be responsible for snow plowing the parking area. b. (i) The term of this Lease ( "term ") shall be month -to- month, and shall begin as of March 15, 2010 and shall end on April 14, 2010. Thereafter, the lease shall continue on a month -to -month basis. Either party shall have the right to terminate the lease upon thirty (30) days written notice to the other party. (ii) In the event that the Tenant shall remain in the leased premises after the expiration of the term of this Lease without having executed a new written Lease with the Landlord, such holding over shall not constitute a renewal or extension of this Lease. Landlord may, at its option, elect to treat Tenant as one who has not removed at the end of this Term and thereupon be entitled to all the remedies against Tenant provided by law in that situation, or Landlord may elect, at its option, to construe such holding over as a tenancy from month to month, subject to all the terms and conditions of this Lease except as to duration and rental. (iii)Unless otherwise specified herein, the Tenant's obligation to pay rent shall commence upon Landlord's delivery of Possession. e. Tenant agrees to pay the Landlord without deduction or set off and without demand the following rental during the term of this Lease: The sum of $4,500.00 per month for the term of this Lease. All monthly ayments of rent shall be due and payable in advance on the fifteenth (15 ) day of each and every month during the term of this Lease. Tenant shall pay a two percent (2 %) late charge for all payments made after the thirtieth (30"') day of any month. 2 I The Landlord shall not be required to send the Tenant monthly statements for rent due or to become past due under the terms and conditions of this Lease. However, it is expressly agreed that monthly past due reminders shall constitute notice of default. The Tenant, upon signing this Lease, shall deposit with the Landlord an amount equal to one month's rent as heretofore provided in this Lease as a security deposit, which deposit shall be held by the Landlord during the terra of this Lease. The Tenant may not use or apply said security fund to offset any rental payment obligation provided in this Lease. 2. Use The Landlord agrees to make the leased premises available only as a temporary location for the D District Police Station and as general office space relative to same and to use said leased premises only and exclusively for said purposes. Any other use shall be deemed unauthorized and in default and a violation of the terms of this Lease. The Tenant shall be solely responsible for determining the character and competence of all of its staff members and employees and for ensuring that its programs are properly staffed and supervised. 3. "As Is" Condition, Reasonable Care a. Tenant accepts the leased premises in an "as is" condition. Tenant will make every effort to take good and prudent care of the leased premises and to keep them in good, healthful and clean condition and, at the conclusion of the Lease, will return said leased premises to the Landlord in the same condition as the beginning of the Lease, usual wear and tear excepted. b. Tenant further agrees to take reasonable and prudent care to prevent said leased premises from being destroyed or damaged by fire, the elements or otherwise, to keep the leased premises and sidewalks free of rubbish and litter, not to operate machinery on the leased premises except normal office equipment and not to overload the floors. 4. Maintenance and Repair (i) Except as provided in this Article and Articles 3, 9, 10 and 11 of this Lease, the Landlord shall be responsible for all capital and/or structural repairs to the leased premises, in order to maintain the leased premises in their existing condition. However, the Landlord shall not be required to make any improvements to the leased premises. Such capital or structural repairs are anticipated to include major repairs to the structure as opposed to maintenance and upkeep and would include, but not be limited to, major repairs 91 approaching replacement of the roof, exterior walls, furnace, electrical wiring, plumbing and heating system, except that the Tenant shall be responsible for the cost of any such repairs necessitated by the destructive act or negligence of the Tenant, its employees, volunteers, clients or their families, guests or invitees. The Landlord shall also be responsible for all matters of day -to -day maintenance, including, but not limited to, maintenance and repair of plumbing, electrical and heating fixtures and appliances, tube and bulb replacement, ballasts and starters, glass breakage and all other minor repairs and maintenance. Subject to Article 10 of this Lease, the Tenant shall be responsible for any repairs, renovations or improvements made for its use. The Tenant shall make all repairs and improvements in a good and workmanlike manner. The Tenant shall be responsible for cleaning the leased premises on a daily basis and for garbage collection and disposal. (ii) Upon default by Tenant in making any repairs or replacements required by this Lease, Landlord may make such repairs and replacements at Tenant's expense, which expense shall be deemed to be additional rent to be paid by Tenant to Landlord prompt at Landlord's request. (iii) The failure of the Landlord to comply with any covenant to maintain or repair shall not constitute a default or breach of such covenant unless the Tenant shall have notified the Landlord thereof in writing and the Landlord shall have failed to comply with said covenant within a reasonable time. 5. Tenant's Property At the end of this Lease term, any and all freestanding, moveable furniture provided by the Tenant shall remain the property of the Tenant and shall be removed by the Tenant. 6. Building Security a. Tenant shall, at all times and at its own cost, provide qualified, adequate, and direct adult supervision and monitoring of all persons who, by reason of this Lease, are on or about the leased premises or the adjoining sidewalks and streets. Tenant shall not permit any unauthorized persons to enter or remain upon the leased premises. Persons who enter upon the leased premises with the authority and/or at the direction of the Landlord in accordance with the terms of this Lease shall not be deemed unauthorized persons for purposes of this Article. b. Tenant shall ensure that all exterior doors, windows and openings on the leased premises and on the entranceways that it uses are securely locked at all times so as to prevent unauthorized persons from entering the Building. 9 Landlord shall ensure that all doors, windows and openings on any part of the leased premises that is used by Landlord, if any, are securely locked after each such usage. c. Tenant, at its own cost, and at all times during the terra, shall keep in repair or replace any Iocks or keys that are broken or lost and shall immediately furnish Landlord with duplicate keys or replacement keys for each such lock. d. Tenant shall be exclusively responsible for the acts and failures to act on, about, or with respect to the leased premises of all employees, their relatives, and invitees and for all Tenant's other representatives, employees, agents, contractors, licensees, and persons on the leased premises without authorization, except those persons entering the leased premises on behalf of the Landlord or at the request of the Landlord, and the indemnifications provided by Article 7 shall also cover the claims of all such persons. 7. Obligation to Defend, Indemnify and Hold Landlord Harmless a. Tenant's Obligation to Defend, Indemnify and Hold Landlord Harmless The Tenant covenants and agrees with the Landlord that during the term of this Lease and for such other times as the Tenant shall hold or have access to the leased premises, that it shall (i) assume the defense, by attorneys approved by Landlord (such approval not to be unreasonably withheld), of any action or claim at law or in equity which may be brought against the Landlord in connection with the Tenant's occupancy of the leased premises, and the full costs thereof, which costs shall include but are not limited to attorney fees associated with the defense, all costs of investigation and testing, and any other costs including any judgment, or interest or penalty entered against the Landlord, (ii) protect, indemnify, save and keep harmless the Landlord against and from all claims, loss, liability, costs, damage or expense (including attorneys' fees) in connection with any accident, personal injury or death, and /or property damage occurring in, on or at the leased premises, and arising, directly or indirectly, of or from the Tenant's occupancy or use of the leased premises or the property, its use of the utilities and fuel located therein or thereunder, any breach of this Lease, the business conducted in the Ieased premises or, without limiting the foregoing, as a result of any negligent act or omission of Tenant, its employees, agents, invitees, subtenants, licensees, assignees or contractors. Tenant shall protect, save and keep Landlord harmless and indemnified against and from any penalty, damages or charges imposed for any violations by Tenant of any law or ordinance. Tenant shall also protect, indemnify, save and keep Landlord harmless against and from any and all claims, loss, liability, costs and expense (including attorneys' fees) arising out of any intentional or negligent act or omission by its employees, agents or representatives. 5 b. Landlord's Oblivation The Landlord will indemnify the Tenant and hold it harmless for any loss, liability, costs and expense (including attorneys' fees) arising out of any negligent act or omission by its employees, agents and/or representatives. Unless such injury or loss shall have resulted from the negligence of the Landlord or its employees and /or agents, Landlord shall not be liable for injury, loss or damage to person or property caused by or resulting from steam, gas, electricity, electrical wiring, plumbing, sewage, water, rain, hail, snow or other element. Nor shall Landlord be liable for any failure to provide beat, water, hot water, steam, plumbing, sprinkler, gas, electricity, rubbish removal service, security service or any other service, or for the interruption thereof, or for any defect in the equipment by which such services are furnished. 8. Insurance a. PROPERTY INSURANCE _ Landlord shall maintain its existing fire and broad form extended coverage insurance on the leased premises and on the contents thereof that are owned by Landlord, except that Landlord shall increase the amount of its coverage to include the value of any permanent improvements made by the Tenant. Tenant shall provide Landlord with proof of the cost of said improvements. Such insurance shall be for the sole benefit of Landlord and Tenant shall not be deemed a beneficiary thereof or have any interest in any payment made to the Landlord by a carrier. The Tenant shall reimburse the Landlord for any increase in its premiums related to Tenant's use of the leased premises or related to Tenant's improvements. The Tenant shall be responsible to insure its own contents. b. ADDITIONAL INSURANCE - Tenant shall not permit any contractor or other non - Tenant related person or entity to enter upon, or perform any repairs, renovations, maintenance or other work in or about the leased premises unless such contractor and /or person or entity shall have first furnished to Tenant and to the Landlord, if requested, proof of insurance coverage with such limits and types of coverage as specified in Appendix "B" attached hereto. This insurance shall be in addition to the insurance provided for in this Article. The Tenant shall periodically obtain from the Landlord required coverages and shall provide the same to its contractors or others performing work. c. INSURANCE POLICIES - GENERAL PROVISIONS 'k U no I. Tenant is self - insured and shall provide Landlord with a Certification of Self-Insurance. II. In the event of default by Tenant with respect to any of the provisions of this Article, Landlord may, at its option and on ten (10) days prior notice to Tenant, elect either: (i) to cancel this Lease; or (ii) to cause such policies to be issued or continued in force at the expense of Tenant, whether by paying the premiums on such policies that have not been timely paid by Tenant or by obtaining the issuance of new policies and, in the event of the latter election, Tenant shall, on demand, repay to Landlord, as rent, the money so expended by Landlord and shall also pay to Landlord, as other charges, interest thereon at the highest legal rate from the date or dates of such payment by Landlord. 9. Codes, Regulations and Restrictions (Doctrinal and Others)/Tenant's Representatives and Warranties (i) The Tenant, at its own expense, shall comply with all valid requirements of the fire underwriters or any duly constituted public authority, or with the requirements of any federal, state, county, or local law or ordinance applicable to the use and occupancy of the leased premises and any repairs or work performed on the leased premises by the Tenant and the Tenant will indemnify the Landlord and save the Landlord harmless from and against any penalty, damage or charge imposed for any violation by the Tenant, its assigns, subleases, licensees, agents, or employees. (ii) Tenant shall not commit any waste upon the leased premises or any nuisance or other act which may disturb the quiet enjoyment of Landlord or any other tenant in the Building. The Tenant acknowledges that the Landlord has not made any representations to it concerning any such laws, rules and regulations and acknowledges that it has made its own inquiry into each and accepts the property subject to any zoning restrictions and other limitations or requirements imposed or impressed on the property by any such laws, codes, rules or regulations. Tenant agrees to obtain any and all consents, approvals, permits and certificates required and /or necessary for it to occupy and use the leased premises for its intended purposes as set forth in this Lease, including, but not limited to, any and all zoning, building and use approvals. b. The Landlord and Tenant agree that, should either party receive a notice of a violation of any law, rule or regulation resulting from the Tenant's occupancy and /or use of the leased premises, it will immediately give written notice to 7 the other of said fact and will deliver to the other a copy of any such notice. The Tenant shall have 60 days from the receipt of any such violation notice or the time prescribed in such notice, whichever is shorter, to bring the leased premises into compliance. Tenant agrees to indemnify and hold the Landlord harmless from any liability, fine or penalty resulting from Tenant's use or occupancy of the leased premises. This obligation to indemnify and hold the Landlord harmless shall survive the termination of this Lease and be binding on the Tenant after said termination. c. The Tenant shall be responsible for and warrants that it shall monitor and supervise its own program, personnel and invitees. d. The Tenant warrants that it shall operate its program on the leased premises pursuant to and in full compliance with all laws, rules and regulations, federal, state and local and in full compliance with the rules and regulations of any regulatory agency from which it has obtained a license, permission or approval to conduct its herein described program on the leased premises. e. Rules and regulations of Landlord regarding the leased premises, if any now in effect, as well as those reasonable rules and regulations which shall hereafter apply to said leased premises, shall be observed by Tenant and by Tenant's guests, invitees, licensees, employees, agents and residents. f The Tenant shall not use nor permit the leased premises, nor any improvements existing or constructed thereon to be used for any activities, procedures, information distribution, counseling, medical care, and /or services, including but not limited to the delivery, performance and /or withholding of the same, either by way of speech or action, which in any way are inimical to the reputation of the Landlord as a church affiliated with the Roman Catholic Church or which in any way violates the moral tenets of the Roman Catholic Church and the Diocese of Buffalo and /or the rules and regulations thereof as promulgated from time to time, and/or which in any way violate the Ethical and Religious Directives for Catholic Health Care Services issued by the United States Catholic Conference of Bishops, November, 1994, and revised June 15, 2001, as those doctrines and directives are modified, revised and /or amended from time to time, and are interpreted and implemented by the Bishop of Buffalo. Tenant acknowledges receipt of a copy of said Ethical and Religious Directives. Specifically, the Tenant shall not use nor permit the leased premises to be used for: (i) Any act which, by chemical or mechanical means, has the result of terminating a fetal or embryonic pregnancy or causing a miscarriage; (ii) Any act which, by chemical or mechanical means, has the result of sterilization, whether permanent or temporary; (iii)Donor insemination of semen or insemination of semen that is totally artificial; (iv)Any other act that is contrary to the Ethical and Religious Directives for Catholic Health Care Facilities; (v) Any abortion or Family PIanning Services. 10. Additions, Alterations and Improvements The Tenant shall not, without prior written consent of the Landlord, make any alterations, additions or improvements in, to or about the leased premises. At the conclusion of the Lease term and any renewal terms, any and all of such alterations and improvements will become property of the Landlord, unless the Landlord requests same to be removed, in which case the Tenant shall, at its own expense, restore the leased premises to its original condition. The Tenant shall not do or suffer anything to be done on the leased premises that will increase the rate of hazard insurance on the facility. All plans for alterations must be submitted for approval to the Landlord and are subject to its inspection. 11. Environmental Requirements Tenant shall at all times use the leased premises in an environmentally safe manner. a. This Lease is subject to all federal, state and local codes and laws and all the rules and regulations adopted or enacted thereunder, now in effect or hereafter enacted or adopted by governing the use of, storage of, disposing of, placement of, and burying or dumping of any hazardous substances, fumes, materials and /or oil tanks. Tenant accepts the leased premises subject to any restrictions or limitations imposed on the property by any such laws, codes, rules or regulations and agrees to fully comply with them. b. The Tenant shall use, keep and maintain the leased premises in full compliance with all laws, codes, rules and regulations now in effect or hereafter enacted, adopted or promulgated. c. The Tenant agrees to indemnify and hold the Landlord harmless from any liability whatsoever resulting from any violation of this Article and from the inspection, repair or renovations actually performed in compliance with this Article and Articles 3, 4, 9 and 10 hereof from any penalties or fines resulting 6 from the failure of the Tenant to comply with such codes, laws, rules and regulations. 12. Utilities The Landlord shall provide and pay for all utilities for the leased premises including gas, water and electric and any sewer charges. The Landlord will famish heat such as in its judgment is necessary for the comfortable use and occupancy of the leased premises by the Tenant. However, Landlord agrees that it shall in all instances exercise reasonable diligence to provide such service and to restore any service that is interrupted. However, the Landlord shall not be responsible where an interruption or failure of such services is beyond the control of the Landlord and such interruption shall not be considered a constructive eviction unless the premises become uninhabitable thereby for a period exceeding fifteen (15) consecutive days. The Tenant shall provide and shall pay for the cost of its own phone service. 13. Assignment of Lease Prohibited The Tenant shall not sell, transfer or assign this Lease, in whole or in part, or sublet the leased premises without first obtaining the written consent of the Landlord. 14. Signs The Tenant shall not place any signs on or about the leased premises without first obtaining the written consent of the Landlord. 15. Fire or Casualty a. If the leased premises shall be damaged or destroyed by fire or other cause, Landlord shall, with all due diligence, repair the leased premises up to the extent of Landlord's insurance coverage. Until such repairs are made, the annual rent due hereunder shall be apportioned according to the portion of the leased premises which is still usable. In the event of a substantial destruction of the leased premises by fire or other cause, or in the event that the damage to the leased premises shall be so extensive that the Landlord determines that the leased premises cannot be repaired within three (3) months, or the damage is so extensive that Landlord, in its sole discretion, determines that such repairs should not be made, Landlord may terminate this Lease by giving written notice to Tenant within thirty (30) days following the occurrence of such damage or destruction. In the event of termination, all rent and additional due hereunder shall be payable only up to the date of such destruction or damage, and all interest of Tenant in the leased premises shall end. 10 b. Notwithstanding anything to the contrary provided in subparagraph (a) herein, . if more than 50% of the leasable area of the Building (excluding garage) shall be damaged or destroyed by fire or other casualty, Landlord may terminate this Lease (even if the leased premises are unaffected) by giving to Tenant written notice within thirty (30) days of such damage or destruction. c. Except as otherwise provided in this Lease, there shall be no abatement of rent or additional rent resulting from damage to leased premises. d. Tenant shall immediately notify Landlord of any fire or other damage to the leased premises or any part of the Building. 16. Quiet Enjoyment Subject to the terms of this Lease, the Landlord covenants and agrees with the Tenant that upon Tenant's paying the rent herein reserved and performing all the covenants and conditions on the Tenant's part to be observed and performed, Tenant shall and may peaceably and quietly have, hold and enjoy the leased premises for the Lease term provided herein without interference by Landlord or anyone claiming through Landlord. 17. Defaults and Remedies a. Default by Tenant Any of the following events shall constitute a breach of, and default under, this Lease by Tenant: (i) If Tenant fails or refuses to pay any installment of rent or additional rent within ten (10) days after such installment is due; (ii) If Tenant fails or refuses to perform, observe or comply with any term, covenant or condition of this Lease, other than the payment of rent or additional rent, within fifteen (15) days after written notice from Landlord; (iii) If Tenant shall make an assignment for the benefit of its creditors; (iv) If Tenant's interest in this Lease or in the leased premises is encumbered or taken by attachment, lien, execution, or other legal process; (v) If any petition shall be filed by or against Tenant, whether or not pursuant to any statute of the United States or of any state; (vi) If any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings shall be commenced by or against Tenant; 11 (vii) If Tenant shall be adjudicated bankrupt; (viii) If any receiver or trustee shall be appointed for Tenant's property; or (ix)If Tenant shall abandon the leased premises or any substantial part thereof. Upon or at any time after the happening of any one or more of the aforesaid events, Tenant shall be in default under this Lease and Landlord may, at its option, exercise any or all of its rights and remedies as provided in this Lease or as otherwise provided by law or equity. b. Rights and Remedies of Landlord Without limiting any other rights and remedies of Landlord, Landlord shall have the following rights and remedies upon or after any breach or default by Tenant under this Lease: (i) Landlord may terminate this Lease; (ii) With or without terminating this Lease, Landlord may reenter the leased premises and attempt to relet the leased premises or any part thereof, and remove all persons and property from the leased premises or any part thereof, and such property may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of, Tenant, all without service of notice or resort to legal process and without Landlord being deemed guilty of trespass or becoming liable for any less or damage that may be occasioned thereby; (iii) Notwithstanding any contrary provision of this Lease, Landlord may, at its option, with or without terminating this Lease, and without affecting Tenant's other obligations and liabilities under this Lease, declare the entire amount of rent and additional rent for the remainder of the Terra immediately due payable and may collect such amount by any lawful procedure; (iv) Landlord may, but shall not be obligated to, relet the leased premises, or any part thereof, for such term or terms, at such rental or rentals, and upon such other terms and conditions as Landlord, in its sole discretion may determine, and upon such reletting, all rentals received by Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent and additional rent due hereunder from Tenant to Landlord and, second, to the payment of any costs and expenses of such reletting, including brokerage fees, reasonable attorneys' fees, and the cost of alterations and/or repairs and, third, to the payment of rent and additional rent unpaid hereunder and the residue, if any, shall be held by Landlord and applied to payment of future rent and additional rent as the same may 12 become due and payable, and Tenant shall be liable to Landlord for payment monthly of any amount by which the rent and additional rent reserved hereunder exceeds the proceeds of such reletting. No such reentry or taking possession of the leased premises by Landlord shall constitute an election of its part to terminate this Lease unless a notice of termination shall be given to Tenant or unless the termination is decreed by a court of competent jurisdiction; (v) Landlord may evict Tenant; and (vi) Notwithstanding any reletting of the leased premises, or any part thereof, Landlord may, at any time thereafter, elect to terminate this Lease. c. Attorneys' Fees In ease Tenant defaults in the performance of any of the terms, covenants, agreements, or conditions contained in this Lease and Landlord places the enforcement of this Lease or any part thereof, or the collection of any rent due, or to become due hereunder, or recovery of the possession of the leased premises in the hands of an attorney or attorneys or files suit upon the same, Tenant agrees to pay and shall be liable for Landlord's reasonable attorneys' fees. d. Chronic Default by Tenant Tenant will be in "Chronic Default" under this Lease if Tenant commits a default (either a Monetary or Non - Monetary Default) during a 365 day period in which any of the following combinations of default has already occurred (even though said defaults may have been timely cured): (1) Two Monetary Defaults; or (2) Three Non-Monetary Defaults; or (3) One Monetary Default and two Non- Monetary Defaults. e. If Tenant is in Chronic Default, Landlord may immediately exercise any or all remedies available under this Lease or at law or equity, all without giving Tenant any notice or an opportunity to cure the last default causing Tenant's Chronic Default (notwithstanding any notice and cure provision or other lease provision to the contrary). Definitions For the purposes of this section: (1) a Monetary Default occurs if Tenant fails to pay any sum: of money when due (including, but not limited to, Base Rent and Additional Rent). 13 (2) a Non - Monetary Default occurs if Tenant fails to perform any of its obligations under this Lease other than the timely payment of money. Default by Landlord In the event that the Landlord shall default in the performance of any covenant or condition of this Lease, the Tenant shall give Landlord tbirty (30) days written notice to cure said default and Landlord shall have thirty (30) days from the delivery of said notice to it to cure the same. Should the Landlord fail or refuse to correct or cure said default within said thirty (30) days, the Tenant may proceed by any remedy he may have at law or equity against the Landlord for breach of this Lease. However, the Tenant may not withhold the payment of any rent called for pursuant to this Lease due to the default of the Landlord unless such default renders the leased premises uninhabitable by the Tenant and the Tenant vacates the same. a. If Landlord fails or is unable to perform any of its obligations under this Lease and if such failure or refusal continues fifteen (15) days after receipt by the Landlord of fifteen (15) days' written notice from the Tenant of such failure, and such failure and/or inability to perform creates a condition which substantially interferes with or prevents Tenant's normal use of the leased premises or any substantial part thereof for a period of fifteen consecutive days and if, as a consequence, Tenant, in good faith, is compelled to discontinue the use of the leased premises or any substantial part thereof during the period of time that such interference persists, then the rent shall be equitably abated for the period commencing after fifteen days of receipt by the Landlord of Tenant's written notice to cure and ending at the time that the interference ceases to exist, and such abatement shall only be in proportion to Tenant's resultant loss of use of the leased premises and regardless of any delay by Tenant in resuming its operations after that time. b. In the event of Landlord's breach of any covenant herein, Landlord's liability shall be limited to an amount equal to the diminution of the rental value of the leased premises resulting from such breach, and in no event shall Landlord be liable for Tenant's consequential damages resulting therefrom. c. Notwithstanding any contrary provision of this Lease, Landlord shall have no liability to tenant by reason of Landlord's inability to comply with any provision of this Lease on Landlord's part to be performed if caused by strikes, accidents, or any other reason beyond the control of Landlord. No such inability shall entitle Tenant to any abatement of rent or be deemed a constructive eviction. 18. Notices/Modifications /Construction 14 Either party may change its address by giving written notice to the other as 1 , provided herein. All notices required to be given by either party shall be delivered in writing and shall be deemed to be duly given only if personally delivered or sent by certified or registered mail to the parties named herein at the addresses set forth above. If any provision of this Lease shall become invalid or unenforceable, it shall not affect any other provision. No oral statement or prior written matters pertaining to the subject hereof shall have any force or effect after the signing of this Lease, all of such statements and matters being merged in and superseded hereby. This Lease may not be modified or amended except by a writing signed by each of the parties hereto. The Lease shall be binding upon the parties hereto and their respective successors and permitted assigns. A waiver by any party hereto shall not constitute a waiver by that party to any other provision of this Lease. This Lease shall be construed under the laws of the State of New York. 19. Entry on Leased Premises by Landlord a. Tenant shall permit Landlord in person or by agent and if applicable, prospective purchasers or lessees, to enter the premises at all reasonable times and upon reasonable notice, for the purpose of (a) showing the same to prospective purchasers or lessees, (b) inspecting the same (c) making the necessary repairs thereto that Landlord is obliged to make; and (d) performing any work therein that may be necessary by reason of Tenant's failure to make any repairs or perform any work that Tenant is required to make or perform. Nothing herein shall imply any duty upon the part of Landlord to make such repairs or perform Tenant's obligations under this Lease. All such entries shall be with prior notice to the Tenant. K The Landlord reserves an easement and right- of-way over and through the leased premises for access to any non - leased portions of the property and to access any equipment as needed or for repairs. c. Landlord reserves the right to post notices and signs on and about the leased premises indicating the same are for rent or sale. d. In case of emergency, the Landlord shall have the right to enter the leased premises at any time of the day or night without notice and without any liability resulting therefrom. 20. Subordination to Mortgage /Sale, Transfer, Assignment or Mortgage by Landlord a. This Lease is subject and subordinate to any mortgage which may now affect the leased premises or any part thereof and Tenant agrees to promptly execute any documents to confirm said subordination. 15 b. Landlord shall have the right to convey, transfer, assign, mortgage or otherwise encumber in whole or in part, its rights, titles and interest in and to this Lease, the building, the land upon which it is situated or any ground or underlying lease covering such building and land, and Tenant shall in any such event recognize and respect any such conveyance, transfer and assignment and attorn to any person or entity who shall acquire any such rights, titles and interests, whether by voluntary transfer, assignment, or conveyance through foreclosure of any mortgage, lien or other security interest granted by Landlord. In the event of transfer by Landlord of all of its interests in the building to a new owner, following such transfer and assumption of this Lease by the new owner, Landlord shall be released from all further obligations or duties thereafter accruing hereunder. In like manner, each subsequent owner of Landlord's interest in the building shall be released from liability hereunder upon the transfer of all of its interests in the building. Tenant agrees that this Lease and all rights of Tenant hereunder are and shall at all times hereafter be subject and subordinate to any and all underlying leases, affecting the building and the land upon which it is situated and to any and all mortgages and for any and all deeds of trust, now or hereafter placed against or affecting the building and the land upon which it is situated or any ground or underlying lease covering such building or land or any part thereof, and any amendments, modifications, consolidations, replacements, renewals or extensions. This clause shall be self - operative and no further instrument of subordination shall be required, but Tenant, from time to time, on request of Landlord, shall execute an instrument in recordable form confirming such subordination. However, Tenant agrees that the holder of any mortgage or lien against either the building, the land upon which it is situated, or any ground or underlying lease shall have the right at any time during the tern of this Lease to elect, by giving written notice to the Tenant, to make this Lease superior to such mortgage or lien so that, upon the giving of such notice, this Lease shall in all respects be prior and superior to the mortgage or lien of the party giving such notice. 21. Knowledge of Conditions The Landlord warrants that it has not withheld from Tenant any knowledge which it has of any conditions, including latent conditions of the leased premises and local natural conditions, which will prevent the Tenant from the uninterrupted use and enjoyment of the leased premises for the purpose intended. 22. Eminent Domain If the leased premises or any material part thereof or any part of the building materially affecting Tenant's use of the leased premises be taken by virtue of eminent domain, this Lease shall terminate on the date when title vests pursuant to such taking and the rent shall be apportioned as of said date. Tenant shall not be 16 entitled to any part of the award or any payment in lieu thereof with respect to the <' unexpired portion of the leased term. Nothing herein contained, however, shall prevent Tenant from filing a claim for, or receiving payment for any taking of fixtures and improvements owned by the Tenant, and for moving expenses. 23. Contact Person Landlord and Tenant shall supply each other with the name, address and telephone number of the person responsible for the leased premises and a telephone number where that person can be reached after hours. 24. Representations or Modifications Neither party has made any representations or promises except as contained herein and no modification of any provision hereof shall be valid unless in writing and signed by the parties hereto. 25. Special Permits Tenant will provide and maintain any permits and licenses which may be required for the operation of its program. Copies of any and all permits and permit renewals will be provided to the Landlord. 26. Execution of Lease The parties represent and warrant to each other that this Lease has been executed by a duly authorized officer and that each of therm: have full right, power and authority to enter into this Lease. 27. Force M[ajeure Landlord shall not be in default hereunder if Landlord is unable to fulfill or is delayed in fulfilling any of its obligations hereunder, if Landlord is prevented from fulfilling any of its obligations hereunder, including, without limitation, any obligation to supply any service hereunder, or any obligation to make repairs or replacements hereunder, if Landlord is prevented from fulfilling or is delayed in fulfilling such obligations by reason of fire or other casualty, strikes or labor troubles, governmental preemption in connection with national emergency, or any other cause beyond its control. Such inability or delay by Landlord in fulfilling any of the Landlord's obligations hereunder shall not affect, impair or excuse the Tenant from the performance of any of the terms, covenants, conditions, limitations, provisions or agreements hereunder on his part to be performed, nor result in any abatement of rents or additional rents payable hereunder. 17 28. Legal interpretation This Lease and the rights and obligations of the parties hereto shall be interpreted, construed and enforced in accordance with the laws of the State of New York. All obligations, if any, of either party requiring any performance after the expiration of the term shall survive the expiration of the term and shall be fully enforceable in accordance with those provisions pertaining thereto. If the rights of the Tenant hereunder are owned by two or more parties or two or more parties are designated herein as Tenant, then all such parties shall be jointly and severally liable for the obligations of Tenant hereunder. Section titles are for convenient reference only and shall not be used to interpret or limit the meaning of any provision of this Lease. Tenant hereby waives all rights under Section 227 of the Real Property Law of the State of New York and agrees that provisions of this Article shall govern with regard to the subject matter dealt with in Section 227. 29. Captions The captions set forth in this Lease are inserted only as a matter of convenience and for reference and in no way define, limit or describe neither the scope of this Lease nor the intent of any provisions thereof. 30. Certain Limitations on Tenant's Liability Notwithstanding anything contained in this Lease which could be construed to the contrary, the Landlord and the Tenant expressly agree that Tenant's liabilities under Article 9 and Article I I of this Lease with regard to the existing condition of the improvements comprising the leased premises and with respect to the existing environmental conditions at the leased premises are capped at and shall in no event exceed $5,000 in the aggregate. In witness whereof, the parties have set their hands and seals, the day and year First above written, ALL SAINTS ROMAN CATHOLIC SOCIETY OF BUFFALO, N.Y. [. President CITY OF BUFFALO By Got ara rata Goan =rEl y a / 19 t. c STATE OF NEW YORK COUNTY OF SS. On the day of , in the year 20 , before me, the undersigned, a Notary Public in and for the said state, personally appeared , personally known 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 me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public (affix stamp) STATE OF NEW YORK COUNTY OF SS. On the day of , in the year 20 , before me, the undersigned, a Notary Public in and for the said state, personally appeared , personally known 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 me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of whom the individual acted, executed the instrument. Notary Public (affix stamp) 20 x � a 1 IaN I AM i x � a � �d {' � 'r � ... f 3 .. s 1 i i i LY APPF,NDIX "B" Vendor /Contractor / Subcontractor will purchase and maintain, at its own expense, insurance of the type, form and scope listed below, for the benefit of Landlord, The Diocese of Buffalo, N.Y., and Tenant as well as Vendor /Contractor /Subcontractor, from an insurer or insurers with a minimum Best's Rating of A, VIII and in all other respects acceptable to Landlord. A. Coverages: Commercial General Liability Insurance: including all obligations imposed by the Vendor /Contractor /Subcontractor's agreement with Tenant providing coverage on an "occurrence" basis as respects any claim or incident arising out of, in connection with, or as a consequence of, work done or service provided to Tenant by Vendor /Contractor /Subcontractor and /or the design, manufacturer, delivery, sale, use and /or resale of the goods provided to Tenant by Vendor /Contractor /Subcontractor, including, but not limited to coverage for Blanket Contractual Liability and products /Completed Operations, with minimum limits as follows: $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury $ 100,000 Fire Damage (any one fire) $ 5,000 Medical Expenses (any one person) 2. Automobile Liability: Automobile Liability insurance with a combined single limit of not less than $1,000,000 per accident. 3. Worker's Compensation: In the amount as required by statute in, and with a designation of, each and every state in which the work or service is to be performed. 4. Employer's Liability Insurance: with limits as follows: $1,000,000 Each accident $1,000,000 Disease — Policy limit $1,000,000 Disease — Each employee For a Vendor /Contractor /Subcontractor based in states where commercial insurance for Worker's Compensation is not permitted, this requirement may be fulfilled through the addition of the Employer's Stop Gap Liability 21 endorsement to the Commercial General Liability policy required with limits as shown above. 5. Professional Liability Insurance: If Vendor /Contractor /Subcontractor is performing professional services, professional liability insurance expressly covering the professional services being provided, with limits of at least $2,000,000 for each claim, and annual aggregate, or errors and omissions and professional malpractice. If the Professional Liability Insurance is being provided within the Commercial General Liability policy, the insurance certificate required below must so state. b. Excess Liability: In the Umbrella form, with limits of at least $5,000,000 for each occurrence and annual aggregate. Subject policy will extend, without exclusion, the limits, coverage and conditions provided by the aforementioned Commercial General Liability, Automobile Liability and Employers Liability policies. Landlord, in its discretion, may waive or reduce such limit. B. Special Operations Coverage: Should any of the Work: Involve investigation, removal or remedial action concerning the actual or threatened escape of hazardous or toxic substances; Vendor /Contractor /Subcontractor shall also carry Pollution Liability Insurance in an amount not less than $2,000,000 per occurrence /annual aggregate. Such insurance shall provide coverages for both sudden and gradual occurrence arising from the work performed under its agreement with Tenant. If Completed Operations coverage is limited in the policy, such coverage shall be maintained for a period of not less than five (5) years. Such insurance shall include a three (3) year extended discovery period and shall name Tenant and Landlord as Additional Insureds. 2. Involve inspection, handling or removal of asbestos; Vendor /Contractor /Subcontractor shall also carry Asbestos Liability Insurance in an amount not less than $2,000,000 per occurrence /annual aggregate. The policy shall be written on an "Occurrence" basis with no sunset clause. Such insurance shall name Tenant and Landlord as Additional Insureds. 3. Involve transporting hazardous substances; Vendor /Contractor /Subcontractor shall also carry Business Automobile Insurance covering liability arising out of the transportation of hazardous materials in an amount not less than $2,000,000 per occurrence. Such policy shall include Motor Carrier Endorsement MCS -90. Such insurance shall name Tenant and Landlord as Additional Insureds. 22 n •. 4. Involve treatment, storage or disposal of hazardous wastes; Vendor /Contractor /Subcontractor shall furnish an insurance certificate for the designated disposal facility establishing that the facility operator maintains current Environmental Liability Insurance in an amount not less than $5,000,000 per occurrence /annual aggregate. C. Conditions: The Landlord, The Diocese of Buffalo, N.Y. and Tenant shall be named as additional insureds on a direct and primary, non - contributory basis to the Vendor /Contractor /Subcontractor's Commercial General Liability policy and Excess Liability policy, with respect to the performance of services by the Vendor/Contractor/Subcontractor, or its subcontractors, for or on behalf of the tenant and the design, manufacture, delivery, sale, use or resale of goods provided by the Vendor/Contractor/Subcontractor to the Tenant. 2. Vendor /Contractor/Subcontractor shall waive a] I rights against Tenant and Landlord for damages arising from any risk covered by the insurance, including all rights of subrogation. Specific waivers of subrogation shall be endorsed to the Commercial General Liability, Excess Liability and Worker's Compensation policies (including "Stop -Gap" coverage where applicable). 3. All deductibles on any policies of insurance to be purchased by Vendor /Contractor /Subcontractor shall be reasonably acceptable to Landlord and will be borne by Vendor/Contractor/Subcontractor. 4. In the event any of the foregoing insurance is cancelled or amended in such a way that the policy or policies no longer fulfill (s) these requirements, Landlord may cancel the agreement between Tenant and the Vendor /Contractor /Subcontractor or require that Vendor /Contractor /Subcontractor replace the cancelled or amended policy with a policy that fulfills these requirements. 5. Vendor /Contractor /Subcontractor agrees to make prompt written report to the insurance company involved, of all accidents, occurrences, injuries or losses which may occur and all claims made against the persons insured ender said policies of insurance and to send copies of such reports to Landlord within thirty -six (36) hours of the time that Vendor/Contractor/Subcontractor obtains knowledge of the occurrence thereof. 6. Vendor /Contractor /Subcontractor shall provide to Landlord for its review and approval certificates of insurance evidencing full compliance with the 23 above insurance requirements in a form reasonably satisfactory to Landlord. Such certificates shall list the name of the project, and shall be kept current by the Vendor /Contractor /Subcontractor throughout the entire period of performance. E That the above communication from the Mayor dated March 15, 2010, be received and filedd, and That the Mayor be, and he hereby is authorized to execute the lease between the City and All Saints Roman Catholic Church Society of Buffalo, NY, for use of portion of the former All Saints School located at 207 Esser Street upon the above terms and conditions contained therein for the temporary relocation of District Police Station. That the Police Department personnel be hereby authorized to take all such actions as are necessary to facilitate the temporary relocation. That the Acting Corporation Counsel be authorized to prepare and approve the necessary lease as to farm. Passed A TAB_mv TAwp6OIjw twd\ nnv\ac3- 16A,dw .; MAR 1 6 2010 * AYE * NO * FONTANA tir FRANCZYK GOLOMBEK si HAYNES KE ARNS LOCURTO RIVERA RUSSELL SMITH Maj - 5 2/3- 6 3/4- 7 t " J FROM THE MAYOR e EXECUTIVE DEPARTMENT March 16, 2010 i 1;" FROM THE OFFICE OF CITIZEN SERVICES 0000? COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: DATE: march 1, 2010 Office of the Mayor Citizen Services Submission of Monthly Reoort- February 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of February 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Department Head Name Title: Signature of Department Head: Oswaido Mestre Jr. Director, Citizen S ice RECEIVED AND FILED r_ City of Buffalo Citizen Services 218 City Hall Anti - Graffiti Program 11 BFD Fire Issue 2 . BMHA 2- Board of Education 2-- BPD Employee Issue - 6 - Buffalo Police Department 91 Citizen Rights 1 :Citizens' Information 18` .-City Clerk Issue _ 2 City Parks 3. -City Clerk Dog License 6 CommServs Senior Services 1 : °CommSvs CommunityBased Organizations 1 CommSvs Disabled Parking Permit 2 - EDPIS 464 E ®PIS Rental Registration 1 Graffiti PW Traffic 1 _Illegal Dumping OSP RealEstate 2 illegal Dumping PW._ 1: 'Illegal Dumping PW @ Street 2- Inrem Real Estate 18. -: Law Claims 8 NationalGrid Streetlights 177 -' Olmsted Parks 1 _ Pest 38' PVB Abandoned Vehicle 13- PVB Parking Issue 67: PW Adj Violations - 16: _PW Animals ;.. 35 PW Bridge Issue _. _.. 1 .PW Buildings Maintenance 3 PW Bulk Trash 6- PW Cave In 5 PW Christmas Tree 1 PW City Forester 1 Calls Between 21112010 and 212812090 City of Buffalo Citizen Services 218 City Hall Calls Between 211 12090 and 212012010 'PW Curbs 4. _PW Damage from Sts Worker 4 PW Damaged Street Light Pole 7 !_PW Dead Animal Removal 8 PW Excess Trash 2_ PW Forestry SubContractor 34- PW Fridge 2- PW Garbage Missed Pickup 159 :: PW Other Hole in Road 4- PW Paving - 3 PW Pot Hole 39 . :PW Recycling Pin Delivery 17= .PW Recycling Missed Pickup 116 PW Recycling Personnel Issue _ 5- PW Right of Way Issue 6: PW Rodents 60 PW Sanitation Personnel 10. PW Sidewalks 17= PW Sign Hazards 18< PW Sign Maintenance 30 -PW Signal Other Issue 11 -PW Signal Timing Issue City V PW Street Plowing 69 PW Street Salting 1 PW Streets Personnel 5= PW Totes 924- PW Totes Audit 30: PW User Fee 5: PW Vacant Lot 1 ..Quick Response Teams 46. Recycling Pin Pickup 21 -_ Resolution Survey 12s Save Our Streets 6.: Sewer 10 Taxation Issue 2 = Water 20 Website Issues 4- K J FROM THE CITY PLANNING BOARD March 16, 2010 NEGATIVE DECLARATION, 73 NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR e State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Parking Lot Addition Location: 2732 -2734 Bailey Avenue Type of Action: unlisted -- Uncoordinated Description: Tredo Engineers on behalf of 2589 Bailey Avenue Inc. has proposed the construction of parking lot located at 2732 -2734 Bailey Avenue, Buffalo New York. The project will include a paved surface parking lot for employee use and convenient access to the existing warehouse facility at 2734 Bailey Avenue. An existing curb cut allows for site egress and a proposed trench drain shall be installed to intercept storm water runoff. A six high foot wood fence will be installed at the rear property line. The owner of 2589 Bailey Avenue Inc. currently operates the "Farm Fresh Market" immediately adjacent to the parcel being reviewed. The parking area will also provide parking for the employees of the market as well. The total cost of this project is approximately 5500.00 dollars. This project will be financed privately, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new parking lot will allow this business to provide off street parking to their employees and allow easier access to the warehouse facility. The identified potential negative impacts appear to be primarily short - term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land use Controls Coordinator, Room 901 City Mall, Buffalo New York 14202 — 716 851 -5085 Dated: March 9. 2010 CC: City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Permits, Economic Development, Inspection Services Tredo Architects f w� I� RECEIVED AND FIL 00004 NEGATIVE DECLARATION' NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title BMHA Overflow Parking Lot Location: 288,290,296 Box Avenue, Buffalo NY Type of Action: Unlisted - Coordinated Description: The buffalo Municipal blousing Authority is proposing to construct a new parking located at 288,290 and 296 Box Avenue. The proposed project involves the development of three (3) vacant lots on the north side of Box Avenue between Kehr and Moselle Streets (immediately east of the railroad bridge) into an overflow parking lot for the Ferry Grider Apartments. The properties are currently owned by the City of Buffalo and will shortly be transferred to the Buffalo Municipal Housing Authority. The proposed lot will include twenty-two spaces (eleven on each side) The new parking lot will be landscaped and fenced as per the City of Buffalo requirements. The total cost of this project is 81,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination* The facts and reasons for this decision are as follows: The proposed parking lot will clean up debris and weeds from the site and provide the Buffalo Housing Authority with safe lighted off - street overflow parking for the residents of the apartments when necessary. The identified potential negative impacts appear to be primarily short - terra site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 -- 716 851 -5085. Dated: March 9, 2010 CC: Buffalo Common Council City Clerk , Buffalo Municipal Housing Authority City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets City of Buffalo Division of Real Estate j3 Nussbaumer Clark Engineers and Surveyors RECEIVED AND F ILIE NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE `y =. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Darul Hikntah Inc. Parking Lot Location: 1955 Genesee Street Type of Action: Unlisted - Uncoordinated Description: DRF Design Architecture, acting as a representative of the owner, has proposed to construct a parking lot on the property located at 1955 Genesee Street, Buffalo New York. The property was purchased from the Queen of Peace Roman Catholic Church Society of Buffalo in April of 2009. The existing buildings on this property are being used as a school and a worship place. The worship space and attached private school and residency constitute the primary building on this property. Darul Hikmah Inc. is proposing to build a new 57 space parking lot to provide much needed additional parking spaces, "There is an existing parking lot located to the rear of the existing worship space/ private school building. This parking lot is used primarily for the private school. The main entrance to the private school is directed toward this existing parking lot. The proposed parking lot will provide access to the main entrance of the worship space that faces Genesee Street. It was explained that the majority of worshipers come from across Western New York and almost all drive their vehicles to the worship services therefore requiring the new parking area. The project is funded privately, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to Project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: Employment opportunities during construction will be a positive benefit to the Buffalo Community. The new parking lot will take many of the cars now parking in the community off the street and into a new parking lot lessening the parking problems that the neighborhood residents have been subject to during school hours and worship services. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. These are primarily short-term construction related impacts, There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr, Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated: January 12. 2010 CC: City of Buffalo Public Works, Parks, Streets Dept. City of Buffalo Economic Development, Permits and Inspections City Clerk DRF Design Architecture RECEIVED D FILED .. f 0000 NEGATIVE DECLARATION - � - / l o 5 NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Grand island Sales & Service Building & Site Additions Location: 65 &105 Skillen Street Type of Action: Unlisted - Uncoordinated Description: Mr. John Simon, owner of Grand Island Sales and Service is proposing to construct two building additions with other site improvements on the property located at 65 &105 Skillen Street, Buffalo New York. The proposed project will include two building additions to the existing facilities. A 3,980sq.ff. addition to 65 Skillen Street on the east side of the existing building used to repair trucks and trailers and a 3,1 g0 sq. ft, addition to 105 Skillen street at the rear of the building for corporate offices. The 65 Skillen Street addition will be a pre engineered building with metal siding and masonry walls. The 105 Skitlen Street building addition will be constructed of decorative masonry block. The main entrance formally located on Skillen Street is now moved to Kenmore Avenue off of Military Road keeping the arriving trucks away from the Riverside residential area. The owners have met with neighborhood representatives and will be informing the Planning Board that the community group and councilmember are in agreement with the plans presented to them. Mr. Simon will be also requesting that the Planning Board approve the parking of empty tanker trucks and tractors on the site as required and stated in the M1 zoning ordinance in which this property is located. The project will be funded privately and cost approximately $650,000. As a result of this Environmental Review, the bead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the area along and surrounding Skillen Street (currently auto scrap yards, storage yards and car collision repair facilities) will be greatly improved with the installation of new landscaping and other improvements to the site and also allow a long standing neighborhood business to continue to operate successfully and provide employment opportunities. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. Dated: March 9. 2010 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Grand island Sales & Service sl ti .t NEGATIVE DECLARATION t L � NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. `t Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Lafayette Hotet Location: 391 Washington Street Type of Action: Type 1, Coordinated Description: Signature Development is proposing the restoration and reconstruction of the Lafayette Hotel building on the property located at 391 Washington Street, Buffalo New York. Signature Development's representative, Mr. Rocco Termini has a purchase contract for the property with a closing to be scheduled pending Site plan Review and the finalization of financing. Carmina Wood Morris, PC is responsible and has been retained to proceed with development of the design and construction documents required to implement the buildings adaptive reuse into a mixed use development. The project includes restored banquet facilities located at the east end of the first floor, commercial space, including the Lafayette Tap room at the west end of the first floor, a locally operated boutique hotel with 26 suites located on the second floor and residential apartments on the upper floors (23 per floor). The projects development schedule is not yet complete as the start dates are contingent on securing the financing currently under negotiation. The budget is currently estimated at approximately $30,000,000 all of which will be financed by Signature Development through a combination of private and public sources. The project financing includes offsets through Federal and New York State Historic Preservation Tax Credits. The exterior of the building will be completely restored including masonry cleaninglre- pointing and the restoration of the historic windows (new windows will be installed where existing windows are missing or are non historic; the original storefronts along Washington Street and Clinton Street will be recreated based on photographic evidence. New commercial space is planned for the east end of the buildings basement where the surrounding grade drops sufficiently to allow street — level access along Ellicott Street. Provisions for parking are currently being negotiated with the City of Buffalo; available space is targeted in the surface lot directly across Ellicott Street on the property that extends from the Buffalo &Erie County Public Library to the Niagara Frontier Transportation Authority building (NFTA). As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the restoration of the Lafayette Hotel Building will bring a needed stability to this corner of the downtown Buffalo as well as preserve an important historic building and its history for future generations to enjoy. New employment opportunities will be created during and after the rehabilitation providing much need jobs to area residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — (716) 851 -5085. Dated: March 2, 2009 CC: City Clerk City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Buffalo Common Council Erie County Industrial Development Agency Empire State Development NYS Office of Parks, Recreation and Historic Preservation Environmental Notice Bulletin RECEI'VED H ED FROM THE OFFICE OF STRATEGIC PLANNING 00003 #1 (Rev. 1133) One Page Communication to the Common Council / TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 275 Efner, 306.65' NW Maryland Lot Size: 25' x 100' Assessed Valuation: $2,300.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carlos A. Alvardo, 277 Efner Street, Buffalo, New York 14201 to purchase 275 Efner. Mr. Alvardo owns and resides at 277 Efner, which is adjacent to 275 Efner. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. Mr. Alvardo has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), One Dollar ($1.00) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees, am recommending that Your Honorable Body approve the sale of 275 Efner to Mr. Carlos Alvardo in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL. ESTATE OFFICE OF STRATEGIC PLANNING JJ f mss' SIGNATURE OF DEPARTMENT HEAD:' JPH:ck RepsaleMefnerfre I Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated \.9 March 8, 2010, be received and filed; and That the offer from Mr. Carlos A. Alvardo, residing at 277 Efner Street, in the sum of Two Thousand and Seven Hundred Dollars ($2,700.00) for the purchase of 275 Efner, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 7 TARrmv t:bvp6©Smswordlrmvl7e3- 16a.doe I * AYE *N®* * FONTANA * FRANCZ'YK * G®LOMBEK * HAYNEJS * KEARNS LGCURTO * '� * RI V R A RUSSELL 5� SMITH Ma j e 5 2/3 U 3/4- 7 00009 #1 (Rev. 1/93) One Page Communication to the Common Council j�j TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 233 Forest, 219'W Grant Lot Size: 25'x 149' Assessed Valuation: $2,800.00 (Niagam District) W; 41q The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Ana Mendez, 227 Forest Avenue, Buffalo, New York 14213 to purchase 233 Forest. Mrs. Mendez owns and resides at 227 Forest, which is adjacent to 233 Forest. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mrs. Mendez has commissioned Richard Bronstein, real estate appraiser, of Bronstein Appraisal to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be Two Thousand One Hundred Fifty Dollars ($2,150.00), Fifty Eight Cents ($.58), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mrs. Mendez has agreed and is prepared to pay Two Thousand One Hundred Fifty Dollars ($2,150.00) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 233 Forest to Mrs. Ana Mendez in the amount of Two Thousand One Hundred Fifty Dollars ($2,150.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: -- J Repsaleconcur233 Forest/re t Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 8, 2014, be received and filed; and That the offer from Mrs. Ana Mendez, residing at 227 Forest Avenue, in the sum of Two Thousand One Hundred and Fifty Dollars ($2,150.04) for the purchase of 233 Forest Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 0 TA :rmY t:WvP601mswardVmv!$c3- 16a.dac f x AYE * NO * aj - 5 2/3- G 3/4 7 FONTANA FRiiT4CZYK GOLOMBEK HAYNES KEARNS .L1 Ol..l RTO J .B. r .EJR A RUSSEL SMITH 9r sR x 7E' 'Y. 1k 'A' Q00w_ #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 9, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 209 Mackinaw, 71' E Vincennes Lot Size: 30'x 106' Assessed Valuation: $1,500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Carol A. Elliott, 207 Mackinaw Street, Buffalo, New York 14204 to purchase 209 Mackinaw. Ms. Elliott owns and resides at 207 Mackinaw Street, which is adjacent to 209 Mackinaw. She intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Elliott has commissioned Pamela Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value of the subject property. She has estimated the Fair Market Value to be One Thousand Two Hundred Dollars ($1,200.00), Thirty Seven Cents ($37), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Ms. Elliott has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200.00), Thirty Seven Cents ($.37) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 209 Mackinaw to Ms. Carol Elliott in the amount of One Thousand Two Hundred Dollars (1,200.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsa €eNgmackinawlsales JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC P NNING /51 _ (_ 1 t Mr. Fontana moved: That the above communication from the Office of Strategic planning dated March 9, 2010, be received and filed; and That the offer from Ms. Carol A. Elliott, residing at 207 Mackinaw Street, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the purchase of 209 Mackinaw Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed, 9 TAB:rrny tAwp6OimswordumM9e3- 16a.doc � AYE NO FONTANA x x X X FRANCZYK * - X �(''� pp��yy]] y�' LYE i$,JOMBEK * ds HAES x 'k K lA RN S L®i.. RT® l9 V$JRLL'$ X RUSSELL SMITH Maj ° 5 7C 7Y 2/ 3- G 3/4- 7 000: ##1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 239 Orange, 304'N High Lot Size: 31'x 100' Assessed Valuation: $1,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from FCA Development, LLC, Ms. Dewette C. Aughtry, President, 63 Washington Street, 3" Floor, East Orange, New Jersey 07017 to purchase 239 Orange. FCA Development, LLC own residential houses at 233, 232 and 254 Orange and a vacant lot at 237 Orange. They intend to beautify the block and use the lot for additional green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. FCA Development, LLC has commissioned Jourdan Stevenson, real estate appraiser, of Howard P. Schultz & Associates, LLC to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Thousand Eight Hundred Sixty Dollars ($1,860.00), Sixty Cents ($.60), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. FCA Development, LLC has agreed and is prepared to pay One Thousand Eight Hundred Sixty Dollars ($1,860.00) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 230 Orange to FCA Development, LLC in the amount of One Thousand Eight Hundred Sixty Dollars ($1,860.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH :ck Repsalecon=239 orange/re JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 5A; Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 8, 2010, be received and filed; and That the offer from FCA Development, LLC, Ms. Dewette C. Aughtry, President, 63 Washington Street, 3rd Floor, East Orange, New Jersey 07017, in the sum of One Thousand Eight Hundred and Sixty Dollars ($1,1150.00) for the purchase of 239 Orange, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 10 c ? •rars:rmv tA%v0MjWivor&nnv1l0c3 -1 ba.dm * AYE *NO* * FONTANA * FRANCZYK # * GOLOMBEK * BAYNES X' KEARNS * * x LOCi.iRT® * RIVE15 A RUSSELL * * x SMITH Maj " 5 2/3 6 000 I . 2 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 151 Tenth, 141.75' NW Maryland; depth includes 23' former ROW Lot Size: 25'x 106' Assessed Valuation: $3,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carlos M. Benitez and Mrs. Noaida Benitez, 291 Jersey Street, Buffalo, New York 14201 to purchase 151 Tenth. Mr. and Mrs. Benitez own a two family house at 153 Tenth, which is adjacent to 151 Tenth. They intend to use the property for additional green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($35) to One Dollar and Fifty Cents ($1.50), per square foot, Mr. and Mrs. Benitez have agreed and are prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), One Dollar ($1.00) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 151 Tenth to Mr. and Mrs. Benitez in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsa lei 51 tenthisales .JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING � �5 Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 8, 2010, be received and filed; and That the offer from Mr. Carlos M. Benitez and Mrs. Noaida Benitez, residing at 291 Jersey Street, in the sum of Two Thousand and Seven Hundred Dollars ($2,300.00) for the purchase of 151 Tenth, be and hereby is accepted; and That the transfer tax, recording fees and cast of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 11 TA]3:rmv tAwp60Vmword\ mvll I0- 16a.dw x AYE NO S FONTANA SS FRANCZYK V#.i K }Y 9k Yf 'IC HAYNES X KEARNS L ®CURTO 3k 9s X 1 A' 'HIV TD A del V �'rJ. ®,�� $f X X � RUSSELL SMITH X l ``�� 9 r �. V bt13 ° 3/4- 7 ®00 3 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 159 Woltz, 248.34'S Sycamore Lot Size: 30' x 108' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohtarama Hossain, 159 Woltz Avenue, Buffalo, New York 14212 to purchase 155 Woltz, Mr. Hossain owns and resides at 159 Woltz, which is adjacent to 155 Woltz. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Hossain has commissioned Patricia Swan, real estate appraiser, of Arrow Appraisal Service to estimate the fair market value of the subject property. She has estimated the Fair Market Value to be Nine Hundred Dollars ($900.00), Twenty Seven Cents ($.27), per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Hossain has agreed and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 155 Woltz to Mr. Mohtarama Hossain in the amount of Nine Hundred Dollars ($900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD ,JPH:ck Repsaleconcurl55wolWre ,JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING / r'` t� y 6 f. i . Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 8, 2010, be received and filed; and That the offer from Mr. Mohtara a Hossain, residing at 159 Woltz, in the sum of Nine Hundred Dollars ($900.00) for the purchase of 155 Woltz, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 12 y TAB:ffnv 1 :tW.P64 aPa,,mv,Jz6- I6aAoc AYE * NO x FONTANA FRANCZYK GOLOMRER x HAYNES x KE ARNS x LOCURT �r RIVERA �` x RUSSELL * x x S MI TH x Maj ®5 fs X /J IY 2/3- 6 3/4- 7 x 3 TO: THE COMMON COUNCIL BATE: March 9, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Sale of Former School 36 Located on Days Park to Elmwood Village Charter School Ellicott District PRIOR COUNCIL REFERENC: (IF ANY) Item No. 66, C.C.P. 5/12/2009 and Item No. 6, C.C.P. 7/07/2009 On May 12, 2009, Your Honorable Body authorized the abandonment and sale by appraisal of the former School 36 property to the Elmwood Village Charter School ( "EVCS "). An appraisal and other appraisal related calculations and materials were reviewed by the City of Buffalo Appraisal Review Board. After reviewing the appraisal and all the materials submitted and listening to various statements made by representatives of EVCS, the City of Buffalo Appraisal Review Board determined that the appraised value of the former School 36 property is $540,000. On July 7, 2009, Your Honorable Body approved a temporary lease of the former School 36 property to Tapestry Charter School under a written lease which expires on July 15, 2010. Accordingly, the City has been in discussions with EVCS for the sale of the former School 36 property. After substantive negotiations with the City's Corporation Counsel's Office and the City's Division of Real estate, EVCS has submitted the attached purchase offer sale Agreement. The terms of the sale as contained in the purchase offer sale Agreement are as follows: PURCHASE OFFER SALE AGREEMENT TERMS: A. "As-Is" Sale Price of $540,000 -- (to the extent that City is compelled to expend funds pre - closing as to building/environmental matters, there shall be a dollar for dollar price increase over the $540,000 — with City's right to cancel the Agreement in the event EVCS decides not to pay the increase) B. EVCS to give City (and City School District) full Release and Indemnity regarding the property and environmental condition ---- absent such release S and indemnity, the City could remain liable after the sale closing for environmental matters at the property, it being specifically noted that there is a 52 year old underground heating oil storage tank on the property still being used to heat the former School 36 building. C. Contingency deadline for EVCS's due diligence property review expires May 5, 2010 D. Closing must occur by .tune 15, 2010 E. Subject to Common Council and BFSA approvals 1 am recommending that Your Honorable Body approve the sale of the former School 36 property to EVCS under and pursuant to the terms and provisions contained in the attached EVCS purchase offer sale Agreement. l am further recommending that Your Honorable Body authorize the City's Law Department to prepare the necessary deed and closing documents for the transfer of the title to EVCS and that Your Honorable Body authorize the Mayor to execute the sale Agreement and related deed and closing documents. DEPARTMENT HEAD NAME: JOHN P. HANN ®N, JR. KILN -98 DIRECTOR OF REAL ESTATE, ®SP SIGNAT RE OF DEPAR'T'MENT HEAD NAME f _ z AGREEMENT THIS AGREEMENT is made And entered into on the _ day of February, 2010 (the "Effective Date ") by and between. the City of Buffalo, New York (the "City ") and Ehnwood Village Charter School, an educational corporation chartered by the Regents of The State University of New York (the "Corporation "), — RECITALS; WHEREAS, the Corporation is interested in purchasing from the City certain improved real property commonly known as former School 36 located on Days Park in Buffalo, New York (the "Property "); and WHEREAS, the City is interested in selling the Property to the Corporation under the terms and conditions .hereinafter set: forth and subject to the prior approval of the Common Council of t h e City of Buffalo and The Buffalo Fiscal Stability Authority ( "MA "). NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the parties hereby agree as follows. Definitions. Forpurposes of this Agreement, including the Appendices, terms defined above and in other sections of this Agreem' ent shall have the meanings set forth therein and the following terms shall have the meanings set forth below: (a) "Agreement" means this Agreement and all Appendices attached hereto, as it may be amended from time to time in accordance with its terms. (b) "MDGudix" means an appendix to this Agreement, each bf which is i ncorporated into this Agreement by reference and made a part hereof "Appendices" means more than one Appendix. (c) " has the meaning set forth in the recitals of this Agreement. (d) "Certified Mail" means certified or registered mail, Federal. Express, United. Parcel Service, Express Mail or any similar mail delivery service generating a return receipt or a signature of the recipient, confirming delivery ofthatinail. Certified Mail does not include electronic; mail. (e) M Agreement. (g) Agreement. "City" has the meaning set forth in the preamble to this Agreement. "Closing Date" has the mcan-ing set forth in Section 5 to this "Conditions Precedent" has the meaning set forth in Section 2 to this (h) "Contingenev Date" has the meaning set forth in Section 2 to this Agreement. (i) "Corporation" has the meaning set forth in the preamble to this Agreement. 0) "Deed" shall mean quit claim deed with environmental release and indemnify as hereinafter described. The quit claim deed shall be in form and substance acceptable to the City. (k) "Effective Date" has the meaning sett forth in the preamble to this Agreement. (I) "Purchase Price" means a payment from the Corporation to the City, in immediately available U.S. funds, in the amount of Five Hundred Forty Thousand Dollars ($540,000), which, subject to the Purchase Price Increase hereinafter described and defined, is the Purchase Price for the Property. "Purchase Price Increase" shall mean a dollar for dollar increase in the Purchas Price for any and all expenditures made and or incurred by the City on or after February , 20 0 at or related to the Property in connection with any environmental matters at the Property and or in connection with or arising from or in connection with any underground storage tank matters at the .Property whatsoever, it being expressly understood and agreed that any determination as to whether or not the City is obligated to make said expenditures shall be made solely by the City Real Estate Division and not by the Corporation. (m) "Property Description" shall mean the metes and bounds legal descripti'on' of the .Property to be provided by the Corporation to the City, said legal description shall be subject to Die City's review, comment and approval in the City's sole discretion. Said metes and bounds description'of the. Property shall, only after it is approved by the City's Division of Real Estate, be attached to this Agreement as ADD'ertdix A. (n) "P,.,__ag" meanns any signatory to this Agreement. (o) " Parties " moans all the signatories to this Agreement unless, the context specifically requires otherwise, (p) "Permitted Executions" shall mean, any and all title defects and or other exceptions to title including but not Iimited to those exceptions set forth in the fee title insurance policy and or commitment for such policy obtained by the Corporation. (� "]p erson. " mcans an. bidividual, corporation, partnership, tmst, Iih -aitcd liability company, limited liability partnership, unincorporated organization, Governrmenital Authority, any agency or political subdivision of any govennnnerrt, or any other form, of entity. 2. Conditions Precedent, This Agreement and the Parties' obligations hereunder shall .be contingent upon the occurrence of each ' of the following no later than May 5, 2010 (the "Contingency Data "): (i) approval by the Buffalo Common Council of the execution, delivery and performance of this Agreement by the City, (ii) approval of this Agreement by the PFSA; and (iii) determination by the Corporation that all of the approvals needed by the Corporation, including but not limited to, approvals by the State Education Depattnernt, Board of Regents and related de vetopmentJ permittirng /renovation/occupancy approvals and financing necessary to complete the 2 a. (;V) t4 G)1qd'1 -S s a-:tl �- ,l C— - rm j c.Yt r� AAO1 -bh 4ISCU - t' on r W r 4 t4 2 ..14 k O.,,M"V 1 �- di 1 feNrC_ purchase an use of the Property are in place or have been waived as Conditions Precedent by the R��/1 e rd Corporation. The City will allow the Corporation. its azents and subcontractors access to the Property for purposes of conducting studies and inspections by vvav of an executed access areerxient (along with the provision of the ammropriate and - oertirrent insurance certificates) in the " form of access aareementtinderunification letter as is set. forth on Appendix B. No access to the Property shall be'allowed without prior written notice to (and written aprrroval bv) the City Division of Real Estate of the tvpe and thninr7 of investiRation/inspection proposed to be undertaken. Insurance lin itslcertificates must be in form and substance acceptable to the Citv. City shall immediately receive copies ofthe resultant tests and studies. Ii is not expected that the results oftho Corporation's due diligence and or planniri&budaetinv will result in the City agreeinv to reduce the Purchase Price or extend the Continaenev Date. 3. Termination ofApreement. (a) Termination Date. In the event that the Conditions Precedent have not been satisfied by the Contingency Date, then the City shall have the unilateral right to terminate this Agreement upon written notice to the Corporation.. Further, and in addition to but not limiting the foregoing City right to terminate, if the closing of the sale of the Property has for any reason or reasons whatsoever not occurred by June 15,20 10, either the City or the Corporatiori shall have the unilateral right to terminate this Agreement upon written notice to the Corporation or to the City, as applicable. (b) Effect off In the event the Corporation or the City terminates this Agreement for failure of the Conditions Precedent by written notice given on or before May 5, 2010, then. the Corporation's $5,000 earnest money deposit shall, subject to the Corporation's having turned over to the City all of the Corporation's due diligence materials (including but not limited to title documents, survey, test results, plans, specs, etc. as determined by the City), be refunded to the Corporation within 60 days of the City's receipt of the Corporation's due diligence materials related to the Property. If this Agreement is not terminated by May 5, 2010, the $5,000 earnest money deposit becomes non - refundable. If this Agreement is terminated as a result of the failure of the- Conditions Precedent or if this Agreement is terminated as'a result of the sale of the Property not having occurred for any reason or reasons by June 15, 2010, or if this Agreenicat is terminated at any tune by the City for any other reason, - a4I� itt�i�sigr�emeri -aa i#�arrse, then the Corporation shall have no right to compel specific performance of this Agreement by the City and the Corporation shall have no right to sue tile City or collect from the City any damages of any nature whatsoever, all such rights being hereby expressly waived by the Corporation as an inducement for the City to enter into this Agreement. d. Title (a) The Corporation shall be responsible for obtaining any and all title anal survey documents for the Property at the Corporation's sole cost and expense. After receipt, the Corporation will promptly furnish to the City's attorneys a copy thereof together Frith a specification in writing of any objection to title set forth in such title dootinients. The City is not obligated to cure any title defects or objections. The City is not obligated io commence, any actions to cure any title defect. The Corporation acknowledges that there is a lease cncurnbering the Property through at least July 15, 2010. 3 (b) If the Corporation determines that the title to the Property has defects, the Corporation's remedies are limited to the following•. (i) terminate this Agreement by notice, in the . manner hereinafter provided, delivered to the City; and this Agreement shall wholly cease and terminate and neitherparty shall have any further clairn against the other by reason ofthis Agreement; (ii) proceed with the purchase, provided the Corporation is able to obtain a commitment for title insurance in the amount oftho Purchase Price at standard rates and-the Corporation thereafter pays the premium for said ._ insurance; or (ii) accept such title as the City may be able to convey, without reduction of the Purchase Price or any creditor allowance against the same and without any other liability on the part ofthe City. Notwithstanding anything contained in this Agreement which could be construed to the contrary, City shall not be obligated to make any, expenditures whatsoever on title matters and or title curative measures under this Agreement. Further, City shall not be obligated to commence any actions to cure title defects. 5. . Closing Date. If the Conditions Precedent have been satisfied, the parties shall close the purchase and sale of the Property no later than June 15, 2010. (the "Closing Date ") and the closing shall take place at a location in Buffalo designated by the City Real Estate Division. The Closing Date can only be extended by the City Real Estate Divisionn in its sole discretion. 6. Release and iudernaity of The City by The Corporation. The City makes uo representations and or warranties whatsoever as to the condition and or as to the permitted use ofthe Property, the improvements thereon, environmental conditions at the Property and or in connection with the title to the Property. The Corporation agrees to accept the Property in an "as is" condition. In furtherance 'of the foregoing, the Corporation agrees that the quit claim deed under vAich the Property would be conveyed to the Corporation shall contain as an exhibit "thereto the form of Release and Indemnity as to environmental and other matters as is set forth on Appendix C attached hereto. The Corporation shall execute an acceptance in such deed indicating an agreement to be bound by the Release and Indemnity. 7. Covenants of the Corwration. In exchange for the commitments of the City in this Agreement, the Corporation shall: (a) Purchase Price /with Purchase Price Incr On the Closing Date, pay the Purchase Price and Purchase Price Increase to the City in immediately available funds, upon receipt of the Deed. By way of clarification, the Corporation expressly acknowledges and agrees that the City has been consistently clear to the Corporation throughout the entire contract negotiation . process that the Corporation must, as a condition ofpurchasing the Property, agree to release and indemnify the City, as to all environmental matters and absorb the cost of all environmental and related matters at the Property in addition to paying the City the appraised value of the Property now established at $540,000. To the extent that environmental related expenditmes occur before the Closing, the Corporation through the Purchase Price Increase mechanism, is paying the cost thereof, Upon execution by the Corporation of this Agreement, the Corporation will submit the check of the Corporation made payable to the City in. the amount of $5,000.00 to be held as earnest n oney in escrow by the City Comptroller under terms and conditions acceptable to the City. The $5,000 would be credited to the Corporation against the Purchase Price at closing. 010, 4 = �- e - �n���, v �'�, _ ' ��� . Gtr .�°% � '"�'°at� , SI L' - � - mot 7•�� .� E ,� j� 4�,� ,., r��� �.�r�'�..�C.v »..�`/ � � 1 �,�� t . L.✓: .�L� l_�� ��. s� j;�:,- �;= �lyr- '��t�:l-si !l� ���i.€. ✓��'r �•�- `�� - -�«, ` 4:r �, �";� �. ��� �...- ���..�'� Li r- 'L� ,� � ( �} f ✓( / � j / ` � 5 %/3 � / �.•>�.� � -�$,/� r in'� �, ^��r�%` J`�`;�� - �.S''1 r'�. -. �ti� "�.� 1 � f.� ;.��� � � � = �.�. -y ..� ��' "�,'f .,�' G � � � r' .fi3�,� r `. f y -X7 t2T� {) The Corporation shall pay for all title, survey, title insurance, recordation fees, filing fees and transfer taxes (deed stamps) as well as for any and all other expenses related to the closing and transfer of title, 8. Miscellaneous. (a) Official notices and communications. All notices and Communications required or authorized to be served in accordance with this Agreement shall be served by Certified Mail at each of the following addresses: Elmwood Village Charter School IM Wo Buffalo N ew York 142 Attn: o k.4 5 e / �C1�At� � �c��►m� � ��� With a copy to: !�i , s c o c•a �{ A) 2-0 Citv of Buffalo, New York Mayor City of Buffalo Room 201 City Hall Buffalo, New York 14202 With a copy to: Corporation Counsel's Office City of Buffalo Room 1100 City Hall Buf'f'alo, New York 14202 Aun: Assistant Corporation Counsel fohn V. Hcffron With a copy also to: John 14anraon Director of City's Division of Real Estate Room 901 City Hall Buffalo, New York 14202 G r 5 (b) Further Assurances, The Corporation shall execute and deliver all further instruments and documents and take any Further action that may be reasonably necessary to implement the intent and the terms and conditions of this Agreement. Without limitation of the foregoing, the Corporation will each seek, in a timely manner, any Airlher ratification of this Agreement that may be required. (c) Successors andAssius. All covenants and agreements herein contained by or on behalf of the Parties shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and assigns and shall survive delivery and recordation of the Deed, (d) No Third Party Beneficiaries. All provisions herein are imposed solely and exclusively for the benefit of the Parties hereto. No other Pcrson shall have any right, benefit, priority, or interest hereunder or as a result hereof or have standing to require satisfaction of provisions hereof in accordance with their terms. (e) Governinv Law. Solely and exclusively for the limited purposes of this Agreement, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York. (f} Severability. In the evens: any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforcea6ility shall not affect any other provision of this Agreement. (g) Modifications and Amendments. This Agreement may be amended only by an agreement in writing executed by all of the Parties hereto, with any approval which naay be required by applicable law. (h) References. References in this Agreement to Section or Appendix numbers or letters shall be to Sections of or Appendices to this ' Agreement, unless expressly stated to the contrary, References in this Agreement to "hereby," herciu," "hereinafter," "hereof," "hereunder" and words of similar import shall be to this Agreement in its entirety and not only to the particular Section or Appendix in which such reference appears. Counterparts. For the convenience of the Parties, this Agreement may be executed in- multiple counterparts, each of which for all purposes shall be deemed to be an original, and all such counteipaiis shall together constitute but one and the same Agreermcnt.o) City reserves the right to place any or all provisions of this Agreement in the Deed which such provisions shall then run with the land, NEXT PACE IS SIGNATURE PAG8] 1 i i i 1 f i d t i IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date, CITY OF BUFFALO By: Name -. Title: AS T M ONV Corporation Coa�nsel By lo ELMWOOD VILLAGE CHARTER SCHOOL By. Name: t' , � FV �r t c s Title: ?�5r 'l->oC VJ G' kw 3 rl Appendix .A Description of the Pro - oerty To be urovided by the Corporation bit snbiect to the at of the Citv's Division of Real Estate in its sole discretion n fl 1 Appendix B Fonn of Access Aareerxrent For Placement on To Contractor's Letterhead .2010 City of Buffalo Division. of Real Estate Attention: John Hannon, Director 65 Niagara Square 941 City Hall Buffalo, New York 14202 EE: Access to Former School 36 for (the "Project ") CONTRAC'T'OR: SUBJLCT. INDEW 1li'ICATION ABD INSUD.A.NCE (the "Contractor ") proposes to act as to undertake the above referenced project. All of the above referenced activities are more precisely defined is this letter agreerrmeut contract (the "Contract ") as the "Project'. In connection with the Project, the Contractor shall and does hereby indemnify and save harmless the City, its officers and employees from all claims, suits, actions, damages, losses and costs of every name and description to which the City may be subjected or put by reason of iirjuryto the person or property ofanother, or the property of the City, resulting in any degree or manner whatsoever from or in connection with Contractor's activities and or resulting, from the negligence or carelessness, active or passive, of the Contractor, or the joint negligence, active or passive ofthe Contractor and others, or ofthe Contractor and the City, leis, its, or their employees, agents, or sub - contractors, in the performance of the Project under this Contract, or in the delivery of materials and supplies, or otherwise. Contractor's indemnification is without limit. 3 Contractor shall defend, indemnify and hold harmless the City of Buffalo, its agents, officers, servants and/or employees for all claims or losses for personal injury involving employees ofthe Contractor -- or persons working for the Contractor or any sub - contractor or supplier or any third parties injured during the performance of this Contract. Contractor's indemnification is without limit. i This above referenced Contract shall be void and of no effect unless the Contractor shall securc Workmon's Compensafion Insurance for the benefit of, and keep insured during the life of this Contract, such employees as are necessary to be insured in compliance with the provisions of the Workmen's Compensation Lava of the State of New York. 1 1 t 9 The Contractorshall also secure policies of general liability and automobile liability insurance and paintain saidpolicies in force during the life of the Contract. Said policies of insurance shall protect against liability arising from performance of activities in implementing the Project described in this Contract, or in any way relating to Contractor's activities, each said policy'of insurance to be in the sum of at least $1,000,000 per occurrence for general liability and $1,000,000 per loss or damage by reason of such work performed in the implementation of the Project. The Contractor shall famish appropriate certificates of insurance at the time of execution of the Contract. The City of Buffalo shall be named as certificate holder and as an additional insured under the general liability insurance coverage.as well as under any excess /umbrella liability coverage. The City of Buffalo shall be named as certificate holder on a certificate of insurance evidencing automobile coverage (any auto) and worker's compensation insurance coverage. Contractor specifically acknowledges that Contractor has been engaged by Elmwood Village Charter School ( "EVCS ").to perform the Project on the City of Buffalo's former School 36 property and that. Contractor needs access to said property to perform the, Project. Contractor shall not access the property without a written appointment confnmatioa from the City's Director of the Division of Real Estate. Contractor shall not look: to the City of Buffalo for payment in connection with the Project, Contractor agrees to provide the City with a copy of the (Contractor) Accepted and agreed to by the City of Buffalo: Contractor may access the farmer School 36 Property Only upon separate written appointment confirmation issued by The undersigned Director of the City's Division of Real Estate bated: 10 Appendix C Form of Release and Indemnity Release and Tademnity Agreement - This Release and Indemnity Agreement is given by Elmwood Village Charter School (hereinafter "Grantee ") to the City of Buffalo (the "City ") as a condition to the delivery of, and as a material part of, a quit claim deed to certain improved real property commonly known as former School 36 on Days Park in the City of Buffalo (the "Property "). L RELEASE PROVISION:, Grantee covenants and agrees at its sole cost and expense, to defend, release and save harmless City and its officers, employees, directors, agents and representatives, including also but not limited to the City of Buffalo School District (collectively, "City ") from and against any and all damages, losses, charges, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements, and/or expenses; including without limitation, a] I attorneys' and experts' fees, casts of investigation, monitoring, remedial response, removal, restoration or permanent acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, imposed, asserted or otherwise incurred by Grantee, individually or collectively, at any time resulting from or arising out of- (a) the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleum based substances, in, on, above or under the Property or migrating to parcels now or hereafter owned by Grantee; (b) any personal injury, wrongful death, or property or other damages arising under - any statutory, common law or tort law theory, arising out of, or related to, the remediatiou of the Property or parcels now or hereafter owned by Grantee; (c) Grantee's failure to promptly undertake and /or diligently pursue to c6mpletion all necessary, appropriate and legally authorized investigative, containment, removal, clears -up and /or other remedial actions with respect to a release or threat of release of any hazardous substance, including but not limited to petroleum or petroleum based products, on, at or from the Property or migrating off the Property to any and all other locations off- -site; i (d) human exposure to any hazardous substance, including but not limited to petroleum or petroleum based products, noises, noxious fumes, vibrations, or nuisances of i whatever kind from any condition on the Property resulting from Hazardous materials, or the i ownership, use, operation, sale, transfer or conveyance thereof; (e) a violation of any applicable state or federal statute or regulation with respect to any condition now or hereafter existing on the Property; (f) any investigation, prosecution, enforcement, action,. suit, request to negotiate or consent order or other action by any governmental body or office, including; but not limited to the New York Department of Environmental Conservation ( "DEC ") or the Environmental Protection _— City and Agency (TPA"� A IA - (g) any and all costs in connection with any clean. -up, removal and/or investigation of environmental contamination, deposited on or into the Property or migrating therefrom, whether from on or off site, for which legal requirements mandate be cleaned up at, or removed from, the Property or any other property contaminated from the migration of hazardous material off-site, The release of City hereunder shall in no way be. limited, abridged, impaired or otherwise affected by the following: (i) the release of Grantee, the City and or any other person from the performance or observance of this agreement by operation of law, City's voluntary acts or otherwise; (ii) the invalidity or unenforceabi lity of any of the terms or provisions of any of the Property purchase documents and or related documents; (iii) any applicable statute of limitations; (iv) any investigation or inquiry conducted by or on behalf of the City or any other indemnitee (and or releasee) or any information which City or any other indemnitce (and or releasco) may have or obtain with respect to the environmental or ecological condition of the Property; (v) the sale, transfer or conveyance of all or part of the Property; (vi) the release or discharge in'whole or in part of Grantee in any bankruptcy, insolvency, reorganization, arraignment, readjustment, composition, liquidation or similar proceeding or; (vii) any other cireurnstances which .might otheiTrise constitute a legal or equitable release, or discharge, in whole or in part, of Grantee. Grantee, and its representatives, agents, employees, successors, predecessors and or assigns, shall be precluded now and in the future from asserting any and all claims (whether direct claims, cross - claims, third -party claims, defenses, counter - claims or other types of claims) against City, individually or collectively, including any claims under (without limitation) the Resource Conservation and - recovery Act, the Oil Pollution Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, the New York State Environmental Conservation Law, and or the New York State Navigation Law. 1T. - REPRESENTAT;CONS Ate VARRANTIES: City makes no representations or warranties with respect to the past, present or future presence, Release or threatened Release of any Hazardous Substances, including but not limited to petroleum or any petroleums based substances, in, on, above or under the Property, and /or migrating off the Property to any and all other locations off -site. City mattes no representations or warranties as to any past, present or threatened non- compliance or violations of any Environmental Laws (or permits issued pursuant to any Environmental Law) in conncction with - the Property or operations thereon. 1U. GRANTEE ACKNOWLEDGEMENTS: G SPECKCALLY ACIMTOWLE DGES AND A GRMS TJy-M T CITY 81-MLL CONVEY ITS JtJTE RES T IN Ty , PROPERTY TO GRANTEE AND THAT GRANTEE SWJ.L ACCEPT TM PROPERTY "AS 12 c1 I,S, WHERE IS AND WITH ALL FAULTS" AND THAT GRANTEE IS NOT RELYING UPON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FROM GRANTOR, NOR ANY OFFICER, EMPLOYEE, ATTORNEY, AGENT OR BROKER OF CITY AS TO ANY IVUTTER WHATSOEVER. CONCERNING TBE PROPERTY INCLUDING, BUT — NOT BY WAY OF LIMITATION. (i) the quality, nature habitability, merchantability, use, operation value, maxketability, adequacy or physical condition oftho Property or any aspect or portion thereof, = including, without limitation, structural elements, appurtenances, access, landscaping, parking, plumbing, sewage, and utility systems, facilities and appliances, sails, geology and/or groundwater, (ii) the dimensions or lot size of the Property, (iii) the development or income potential, or rights of or relating to, the Property, or the Property's use, habitability, merchantability, or fitness, or the suitability, valuo, or adequacy of the Property for any particular purpose, (iv) the zoning or other legal status of the Property or any other public or private restrictions on tha use of the Property, (v) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any Governmental Authority or of any other person or entity (including, without limitation, the Americans with Act), (vi) the ability of Grantee to obtain any necessary governmental approvals, licenses or permits for Grantee's intended use or development of the Property, (vii) the presence or absence of Hazardous Materials on, ja, under, abovo or about the Property, (viii) the quality of any labor or materials used in any improvements, (ix) the condition of title to the Property, (x) City's ownership of ft property or any portion thereof, or (xi) the economics of or the income and expenses, revenue or expense projections or other financial matters, relating to, the operation of the Property. Without limiting the generality of the foregoing, Grantee expressly acknowledges and agrees that Grantee is not relying upon any representation or warranty of City„ not any officer, employee, attorney, agent or broker of City, whether implicd; presumed or expressly provided at law or otherwise, arising by virtue of any statute commori law or other legally binding right or remedy in favor of Grantee. Grantee further acknowledges and agrees that City is under no duty to make any inquiry regarding any matter that may not be readily known by City and or by any officer, employee, aftomey, agent or broker of City. This section and all provisions of this Agreement shall,survive the delivery, acceptance and or recordation of the deed to which this Agreement is attached. Any reports, repairs or'work required by Grantee are the sole responsibility of Grantee, and Grantee agrees that there is no obligation on the part of City to make any changes, alterations or repairs to the Property or to cure any violations of lave of to comply with the'requirem.ents of 'any insurer. Grantee, at Grantee's sole cost and expense, shall be responsible for obtaining any permits necessary for use of the Property and shall also be responsible for any repairs or alterations necessary for same, all at Grantee's sole cost and expense. Grantee agrees to rernediate any and all contamination deposited on to or into the Property or migrating therefrom as may be directed by any governing regulating agencies, including, but not limited to the DEC and/or EPA. By executing this Release and Indemnity Agreement, Grantee acknovrlcd&s that Grantee has had the right and a full opportunity to conduct any testing or other investigation of the Property and has fully availed itself of such right or has otherwise waived such right and opportunity. W. DE+.FINITIONS_ : As used in this Agreement, the following terms shall have the following meanings; "Hazardous substance" means, without limitation, any flammable.explosives, radon, radioactive materials, asbestos, urea fnimaldelrydo foam insulation, polychlorinated biferrrrels, petroleurn and petroleum products, methane, hazardous materials, hazardous waste, hazardous or toxic substances and 13 - -;f . /1 1 i any other material defined as a hazardous substance in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 etseq,; The Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801 et sseq,; The Resource Conservation and Recovery Act, as amended, 42 U.S,C. § 6901 etseq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by- law; policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. "Environmental Law" means any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law, relating to protection of human health or the environment, relating to Hazardous Substances, relating to liability for or costs of Remnediation or prevention of Releases of Hazardous Substances or relating to liability for or costs of other actual or threatened danger to human health or the environment. The term "Environmental Law" includes, but is not limited to, the following statutes, as amended, any successor thereto, and any regulations promulgated pursuant thereto, and any state or local statutes, ordinances, rules, regulations and the like addressing similar issues: the Comprehensive Environmental Response, Compensation and Liability Act; the Emergency PIanning and Community Right -to -Know Act; the Hazardous Substances Transportation Act; the Resource Conservation and Recovery Act (inoluding but not limited to Subtitle 1 relating to underground storage tanks); the Solid Waste Disposal Act, the Clean Water Act; the Clean Air Act, the Toxic Substances Control Act; the Safe Drinking Water Act; the Occupational Safety and Health Act; the Federal Water Pollution Control Act; the Federal Insecticide, Fungicide and Rodenticide. Act; the Endangered Species Act; the National Environmental Policy Act; and the River and Harbors Appropriation Act. The term "Environmental Law" also includes, but is not limited to, any present and future federal, state and local laws, statutes, ordinances, rules, regulations and the like, as well as common law; conditioning transfer of property upon a negative declaration or other approval of a governmental authority of the environmental condition of the property; requiring notification or disclosure of Releases of Hazardous Substances or other cnvironrnentaI condition of the Property to any governmental authority or other person or entity, whether or not in connection with transfer of title to or interest in property; imposing conditions or requirements ifm connection with permits or other authorization for lawful activity; relating to nuisance, trespass or other causes of action related to the Property; and relating to wrongful death, personal injury, or property or other damage in connection with any physical condition or use of the Property. "Release" with respect to any .hazardous Substance includes but is not limitcd to any release, deposit, discharge, emission; leaking, leaching, spilling, seeping, migrating, injecting, purnping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. Release shall also have the same meaning as given to that term in the Comprehensive Environmental Response, Compensation and Liability Art of 1980, as amended', 42 U.S.C. § 9601 et seq., and,the regulations promulgated thereunder and Articles I5 and 27 of the New York State Environmental Conservation Law, and the regulations promulgated thereunder. "Remediatioh" includes but is not Ihited to any response, remedial, removal, or corrective action; any activity to clean up, dctoxify, decontaminate, contain or otherwise rem diato any Hazardous Substance; any actions to prevent, cure or mitigatq any .Release of any Hazardous Substance; any action to comply with any Environmental Laws or with any permits issued pursuant thereto; any inspection, investigation, study, moriitoring, assessment, audit, sampling and testing, laboratory or other analysis, or evaluation relating to any Hazardous Substances or to anything referred to herein. " LeQal Action" means any claim, suit or proceeding, whether administrative or judicial in nature. 14 V "Loss or Losses" includes any losses, damages, costs, fees, expenses, claims, suits, judgments, awards, liabilities (including but not limited to strict liabilities), obligations, debts, diminution in value, fines, penalties, charges, costs of Remediation (whether or not performed voluntarily), amounts paid in settlement, foreseeable and unforeseeable consequential damages, litigation costs, attorneys' fees, engineers' fees, environmental consultants' fees, and investigation costs (including but not limited to costs for sampling, testing and analysis of soil, water, air, building materials, and other materials and substances whether solid, liquid or gas), of whatever kind or nature, and whether or not incurred in - connection with any judicial or administrative proceedings, actions, claims, suits, judgments or awards to the extent recoverable at law or in equity. "Fines" or "Penalties" means any levy unposed by a governmental body or office, including but not limited to the DEC or EPA, authorized by statute or regulation, that is not, directly or indirectly, compensation for, or reimbursement of, any actual cast incurred, liability imposed, or loss sustained by said governmental body or office or any other party, It is specifically understood that " fines" or -- "penalties" are levies imposed as a punitive or deterrent measure and do not include any other type of loss, except as otherwise dof"rned by statute or regulation. V. _ T]TESF PROVISIONS TO RUN WITR THE LAND AND IMPROVE IVWNTS All of the provisions contained in this Release and Indezrmity Agreement shall ruin with the land and improvements constituting the Property and shall be binding upon Grantee and all its successors and assigns as well as uponn subsequent purchasers or owners of the Property. 15 Mr. Fontana moved: That the above communication from the Strategic Planning dated March 9, 2014, be rived and filed, and That the Common Council hereby formally accepts and confirms the Appraisal Review Board's Value of $540,000.0£3 for 14 Days Park and further approves the Purchase Offer Sale Agreement attached thereto and authorizes the Acting Corporation Counsel to draft any further necessary documents to effectuate the sale and disposition and authorizes the Mayor to execute the same. Passed 13 TAS:mv '!':lwpf,U�ms4YOrautnv113c3- lfia.doc: G * AYE *NO* FONTA NA, . 7f p y�� JL` .fSA � CZ ]E K YfC � y R� g,�gy GOLOMBEI . . . X HAYNES iV. KEA.S LOCeJRTO X' RIVERA RUSSELL � SMITH ... 9 2/3- 6 3/4- 7 i./00.1 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: March 8, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Transfer Jurisdiction from the City of Buffalo to the Buffalo Board of Education 21 Fougeron and 790 Northampton The Office of Strategic Planning, Division of Real Estate has received a request from the Buffalo Board of Education to transfer jurisdiction of 21 Fougeron and 790 Northampton from the City of Buffalo to the Buffalo Board of Education for the purpose of improved off street parking and green space. The property located at 21 Fougeron was acquired by the City through In Rem #43, October 26, 2009 as a commercial vacant lot 52'x 173'. 790 Northampton was also acquired by the City through In Rem #43, October 26, 2009 as a one family dwelling situate on a lot 32'x 167'. The Division of Real Estate contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 21 Fougeron and 790 Northampton from the City of Buffalo to the Buffalo Board of Education for the purpose of improved off street parking and green space. If the Board of Education deems they no longer need these properties, they will transfer jurisdiction back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve the transfer of jurisdiction of 21 Fougeron and 790 Northampton from the City of Buffalo to the Buffalo Board of Education; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGI LANNING SIGNATURE OF DEPARTMENT HEAD: t JPH:ck � - Transfer21 fougerone &790nor€hamptonbdofed /re tt m o� G NORTH EILLMORE AVE. r I 1� I Y E 1 1 f I 9 $E 1 4 [j �SEi' 2L.$9' ffi 2150' idiA' I ' CD Kam 7104, 3 I ll 1 a o� �Lo �m APE z u� 0 z �s1 �l O T m P ❑ 4 u�i - o NQ `t 10 �ro n N � lrs 0 1 . Mi. Fontana moved: That the above communication from the Office of Strategic Planning dated March 8, 2010, be received and filed; and That the Common Council approve the transfer of jurisdiction of 21 Fougeron (a vacant lot 52' x 173') and 790 Northampton (a one family dwelling 32' x 167') from the City of Buffalo to the Buffalo .Board of Education; and should the Buffalo Board of Education contract for the perfortnance of any work on the premises, it shad be required that the City be named an additional insured on any insurance policies and also provided with indemnification and defense with any service contracts. Passed. 14 TAn:rtnv t:twpb(��aus:vare��rtnti �� -r��a� AYE NO FONTANA Ir FRANCZYK x x GOLOMBEK TAYNES ]KEARNS LOCURTO RIYERA . RUSSELL * '� SMITH Mai m 5 2/3- 6 ( '� 3/4- 7 '� FROM THE COMPTROLLER March lb, 2010 000 G Increase Appropriation Fund Balance Jud P ri o r We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $1,374,820 in the estimates for the fiscal year beginning July 1, 2009 is necessary in Appropriation Allotments --- Law Dept --- Judgment and Claims - Prior Year, 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 10700096 - 397000 OTFC Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: 10700096- 397000 - OTFC - Unreserved Fund Balance $1,374,820 To 17221008 - 480205 — Law Department — Judgment and Claims --- Prior Year$1,374,820 Dated: Buffalo, NY, February 24 2010 RECEIVED FILED or . ornpt oiler t �, r � FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION March 16, 2010 of s; Department of Assessments & 'Taxation Interdepartmental Correspondence T®: herald Chwalinski, City Clerk FROM: Ann Marie LoFaso, Principal Assessor,.:`' DATE: March 8, 2010 RE: ;ice Members AS 56 5Shl L, W n J i 4)M/ Enclosed please find copies of `Certificates of Attendance for Board of Assessment Review Training' conducted by Joseph Maciejewski, Director of Erie County Property Services and attended by the City of Buffalo's permanent and temporary Board of Assessment Review (BAR) members on Wednesday, January b, 2010 prior to commencing their service with the PAR this year. The permanent BAR members are as follows: Richard Abrahamson Keith Barnes Edward Herndon Coralia Hetzner William Maggio The temporary BAR members are: Warren glover Arthur Robinson The Common Council also reappointed Otis Cowart as a temporary member but Mr. Cowart passed away before the BAR began its service this year. Thank you for your attention to and processing of these items. Encl RECEIVED AND FILED RP -3200 (11101) W A New York Mate Office of Real Property Services Educational Services Sheridan Hollow Pima 16 Sheridan Avenue Albany, NY 122102714 = .: LOWT 0- A 3 r , • Member's Name City: C Date of Training: IMI This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 188 -6.1© of Title 9 of the Official Compilation of Codes, Mules and Regulations of the Mate of New York, you attended a hoard of assessment review member training session on the above date. As a result, y are now authorized to participate in the forthcoming meeting(s) of the Board of Ass ssm nt Review. Countj)Director of Real roperty�ax Services ,fivuuma -6.2 IV Date cc: Town /City Clerk RP -3200 (11101) New York State Office of Real Property Services Educational Services Sheridan Hollow Plaza 15 Sheridan Avenue Albany, NY 12210 -2714 Member's Name: s ! wn & City: County: Date of Training: yamumg 6 2VIV This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 188 -0.10 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, you attended a board of assessment review member training session on the above date. As a result, you are now authorized to participate in the forthcoming meeting. (s) of the Board of Ass s nt Review. Counly ec or of Deal Prq)erty Tax Services 1 6.20JO Date f cc: Town /City Clerk RP -3200 (11 /01) NI 5 ,�_ New York State Office of Real Property Services Educational Services Sheridan Hollow Plaza 16 Sheridan Avenue Albany, NY 12210 -2714 CERTIFICATE O AT TENDANCE IOARD OF ASSESSMENT REVIEW TRAINING Member's Name: City: County: Date of Training: This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 138-0.10 of Title 9 of the Official Compilation of Codes, Mules and regulations of the State of New York, you attended a board of assessment review member training session on the above date. As a result, you are now authorized to participate in the forthcoming meeting(s) of the Board of As. ess ent Review. Co ip�i ctor of real roperty T x Services I Date cc: Town /City Clerk RP -3200 (11/0 1) fill �i kxee�s vR New York State Office of Real Property Services Educational Services Sheridan Hollow Plaza 16 Sheridan Avenue Albany, NY 12210 -2714 r . Member's Name: City: County: Date of Training: This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 188 -6.10 of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, you attended a board of assessment review member training session on the above date. As a result, y u re now authorized to participate in the forthcoming meeting(s) of the Board of Asshssm t Review. County Director of a[ Prc rty Tax Services 64 201 Date cc: Town /City Clerk RP -3200 (11 /01) i� is K New York State Office of Real Property Services Educational Services Sheridan Hollow Plaza 16 Sheridan Avenue Albany, NY 12210 -2714 t Mem ber's ((dfim R AW o City: J3ulf a& County: Date of Training: , 20 This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 188-6.1@ of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, you attended a board of assessment review member training session on the above date. As a result, you are now authorized to participate in the forthcoming meeting(s) of the Board of Ass s nt Review. ; County Cpl rector of eal roperty T Services ,, l�9 2010 Date � 5 cc: Town /City Clerk FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March 16, 2010 00 ##1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 16, 2010 PROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [; Emergency Request [ : Weyand Avenue -- [ : City of Buffalo C: Street Settlement [: Investigation PRIOR COUNCIL REFERENCE: (IF ANY)[ This department has received the attached letter dated March 9, 2010 from Gregory Hewitt, P.E. of DiDonato Associates informing the City of Buffalo of the Street Settlement Investigation for Weyand Avenue per the request of the Department of Public Works, Parks and Streets. The information provided includes the scope of work for these services, as well as indicating the lump sum fee of $18,750.030 for these services. Since this is an emergency situation, this department would like to gratefully request from Your Honorable Body permission to approve of these services in order that the repair of Weyand Avenue begins as soon as possible. Your consideration toward this request is appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT BEAD: SJS :cam Attachment cc: Mayor's Office Peter Merlo, P.E., City Enginner (cc031210.doc) �7 i City of Buffalo Department of Public Works 65 Niagara Street, Room 541 City Hall Buffalo, New York 14202 -4772 Aan: Peter J. Merlo, P.E., City Engineer Tide: Weyand Avenue, City of Buffalo Street Settlement Investigation Subject: Professional Engineering Services Dear Mr. Merlo: In accordance with the City's request, and as discussed in our recent meeting, we are pleased to submit this proposal to perform an investigation of the street settlement issues on Weyand Avenue in South Buffalo. We propose to perform the following tasks: I . Establish the limits of the settlement issue, confirming number and location of "sink boles ". 2. Performing an extensive existing record/existing document search and review. 3_ Attend/host public meetings_ 4. Meet with involved agencies, ie: Buffalo Sewer Authority, Buffo Water Department; US Corps of Engineers; public utilities, etc. 5. Perform field documentation of test pits (dug by City) at several locations that have settlement issues. 6. Video tape 4 sewer laterals at to be determined locations. 7. Prepare a Report with recommendations for street remediation measures. S. Prepare recommendations for future additional investigation of settling homes issues. DiDonato Associates, in conjunction with the Geotechnical Firm of McMahon and Mann would perform the above services for the Lump Sum Fee of $18,750.00. All fees include printing of Report (10 sets), and all reimbursable expenses including miscellaneous printing, mileage and postage charges. m u u.. �ma xu. e. n em. Swnn�a+ uu, �4u���� wuum�;GaYws��e..„� „�a,ie�uuuwau inma�. r�+ xd¢: dun�aeu�., awm. uvn, u...,un.u�wx..ni..�n�r!�Ja;en�e ��uvweuw�sud, ,eeea.m: .;,,;r, ilea..:; dimi8�u; �,h.r,w�.,vi,:..iw,..,.,�.., m..,...,��� ..:.. ...... ... .. ���si.a,:,�,r�,.,.s 689 Main Street a Buffalo, New York 94203 a 796. 656.9900 (tel) a 796.656.9987 (tax) wwwAldonato.ce DI Donato Associates, RE, P.C. L March 9, 201 Re: Weyand Avenue, City of Buffalo Street Settlement Investigation Page 2 We appreciate the opportunity to submit this proposal and took forward to working with you. If you have any questions regarding this matter, please do not hesitate to call. Very truly yours, D* nato Associates Gregory Hewitt, P.E. Sr. Vice President ACCEPTANCE: Peter J. Merle, P.E., City Engineer ......... . . .. G eK, F A-G1.11K, k"', �".A-'j . (K ................ ....... ...... ... 689 Main Street Buffalo, Now York 14203 o 716-656-1900 (tel) 716-656-1987 (fax) www.didonato.cc AYE x NO FONTANA FRANCZYK G®LOEK x K HAYNES KEARNS L ®CURT® RIVERA x x x RUSSELL X SMITH Maj - 5 2/3- 6 3/4- 7 ##1 (Rev. 1/93) ®0 MULTIE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 10, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Enter into Agreements to acquire [Fee Title Ownership in Certain Real Property [From D'Youville College as a Component of the [Fargo Avenue Reconstruction Project [FHWA/NYSDOT PIN ## 5757.72 [Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 19, C.C.P. 0 1/23/2007 and Item No. 31. C.G.P. 0910112009) Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets in conjunction with the City Law Department to process the documentation to facilitate and complete the City's fee title acquisition of two parcels of real property from D'Youville College. Said parcels are necessary from an engineering standpoint in order to complete the proposed traffic circle component of the proposed Fargo Avenue Reconstruction project. Fee title conveyance of the two parcels to the City will be through donation to the City by D'Youville College. City will utilize the two parcels for the proposed traffic circle and for related public street/vehicular and pedestrian purposes. A description of the two parcels is attached to this communication. City will be responsible for all incidental costs related to the transferring of the title of these two acquisition parcels to the City, said costs however are not expected to exceed $12,000 and would include the costs of City's contractor's engaging the required acquisition professionals together with the expenses of taking all other steps and all other required measures to comply with the funding source requirements for this project. This is a federal and State funded project with City's share of 5% of the total costs. The funds are available in our Capital Accounts. The anticipated bidding date for this project is April 2010. I am therefore requesting that Your Honorable Body hereby authorize The Mayor, the Commissioner of Public Works, Parks and Streets and or such other pertinent City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City of the two parcels. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer i November 24, 2009 ALL THAT TRACT OR PARCEL Buffalo, County of Efie. and State 4 New York being part of Block 126, bounded and dewfibed as follows: coNTARqING 4,440 square feet more or less. EXHIBIT A, page 7 t i November 24, 2009 f 1E ALL THAT TACT OR PARCEL OF Lam, situate in the. City of Buffalo, County of Ere and She of New York, being pad of Block 125, bounded and described as follows: CCNTA .NG 4,293 square fee, more or less. EXHIBIT A, page 2 i Mr. Fontana gloved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 10, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute such documents and take such actions as shall facilitate and complete the acquisition by the City of the two parcels for the proposed Fargo Avenue Reconstruction Project, FHWA/WSDOT PIN ##5757.72, as more fully described in the attached. Fonds for the City's share of 5% of the total costs are available in Capital Accounts. Passed. 17 T:v 1:1wp6©)jmwordlznrvt17o3- 16a,doc *AYE *NO* FONTANA x FRANCZ'VK GOLOIBEK HAAS KEr5 x L®cURT® PJIVERA RUSSELL SMITH Maj -5 x 2/3- 6 41 (Rev. 1193) 0001'0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 10, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No.. C.C.P.) SUBJECT: [Permission to Enter into Agreement w/NYSDOT [Buffalo Outer Harbor Enhancement Project -PIN 5759.42 [South District Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for Buffalo Outer Harbor Improvements; Beautification, Connection and Waterway Enhancements for Times Beach Nature Preserve and Gallagher Beach. The project will include a new boardwalk at Times Beach Nature Preserve, Pavilions with picnic and seating areas at Gallagher Beach and bicycle /pedestrian signing and landscaping at both locations. The Project is eligible for funding under Title 23 U.S. Code, as amended that calls for the apportionment of the costs such program to be borne at the ratio of 100% Federal funds and 0% Nan - Federal. This agreement, which will allow NYSDOT to administer the construction phase of the project at its current cost of $ 1,100,000 by utilizing the City of Buffalo's TEP allocated funds and will be paid directly to NYSDOT. In addition, permission is requested for which City will, upon project completion, operate and maintain the project at no expense to the NYSDOT. REFERRED TO THE COMMITTEE PJM: sag ON [.g DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., TITLE: City Engineer SIGNATURE OF DEPARTMENT DEAD: _ =L #1 (Rev. 1/93) 0002):1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) DATE: March 10, 2010 Public Works, Parks & Streets ' Engineering [:Permission to Hire Engineering [ Consultant for the West Ferry Street [ Bridge Rehabilitation over the [ Black Rock Canal PIN #5756.09 Permission is requested from Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to hire an engineering consultant to design, bid, administer and provide construction management and inspection to the West Ferry Street Bridge Rehabilitation over the Black Rock Canal. This $9 million dollar Federal Aid Highway Project is 95% reimbursable to the City of Buffalo. PJM /SJS /DJP TYPE DEPARTMENT MEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer Cc: John Bidell Sr. Design Engineer REFERRE T � � �� � M N' ON FINANCE ti #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE. February 25, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Curb & Sidewalk Replacement -- 2010, Gr. 4706 [: Mid -City NRSA Boundary -- BURA Funded PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Valeri Concrete Construction, Inc. 68 Periwinkle Court, East Amherst, NY 14051 P & 3 Construction Co., Inc. 709 Pleasant View Drive, Lancaster, NY 14086 Base Bid Unit Price Increase $391,925.00* $431,117.50* $465,298.75* $511,828.63* C & C Contractors, Inc. $484,018.00 $532,419.80 1589 Bailey Avenue, Cowlesville, NY 14037 Campobello Construction Co., Inc. $651,704.95 $716,875.45 23 Stratford Road, Buffalo, NY 14216 *Adjusted Amount I hereby certify that the low bidder for the above project is Valeri Concrete Construction, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $431,117.50 ($391,925.00 base bid + 10% in rease $39,192.50 = $431,117.50). Funds for this work will be available in a future account & CHIPS Account #30032106 - 445100. The engineer's estimate for this work is $505,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 10' 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJZ:Ilf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: - C� C> 0 0 0 0 C) C� 0 0 0 M Ol C) CD 9 0 0 0 C� C� C5 Nr LO 0 N 0 () 0 vwa 6 $A 0 C4 60- cd 0 r 0 C) — w C=; 0 9 0 ® 0 C) q 0 C) 013 ° C� 0 C o C; LO 0 C; 0 T- C6 LO Z 64 GO G m Q3- tO 61* 0 0 0 0 Ca 0 0 0 0 0 C) r_ 0 C q 0 q 0 LD t- 0 C) C=; C) 0 q 0 C) 6 0 C5 Oj 0 L6 o 0 C� LO 0 LI) C) LO C\l CD 0 0 0 0 h. 2 f- 0 64 60- 0 C4 0 m L) a 0 rnw 00 C) O� 0 C) LO cq CD C3 0 0 C� N C) C\l LO m ui 6 Gi 04 C) C� a. GO 6% 0% 0). 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RtVERA RUSSELL x SMITH * '� VY 'p � 1aj - 5 2 1 3 - 3/4- 7 x \ \ \Ii;l #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 4, 2010 FROM: DEPARTMENT: Public Works, Darks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Hickory Woods Infrastructure Ipro. — (REBID) [: Curb & Sidewalk Replacement-2010, Gr. #698 -A PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above ,mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase P & J Construction Co., Inc. $631,856.40` $695,042.04* 709 Pleasant View, Lancaster, NY 14086 Master's Edge, Inc. $641,520.00 $705,67100 3409 Broadway, Cheektowaga, NY 14227 *Adjusted Amount I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $878,268.60 ($631,856.40 base bid + $$63,185.64 unit price increase = $695,042.04). Funds for this work are available in Capital Account(s) #31850006445100 & #30032106445100. The engineer's estimate for this work is $650,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 17' 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS :PJM:MJZ:IIf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: .t ;1 ® Q U0 t ®1 �0 p Q L[3 Q 6� C� A v4 cq � w CD uj - - -- v LL, 9 ® 0 O LCD 0 O 0 ( Q Ct ® m a 14 � 00 � co q 64 643 N Ff3 U J C? � Ca Q � ® C7 � a �d 0 u? Q C 6 C) Q o - 0 w I Q C) 0 C7 CT 0 a t� N d �j k ® 6Ek 6FY to EH 6j- � CD 06 it 5 u3 Lt) u) Q Cr? r r r- 6F3 �3 Gq 643 b } E#y �3 Ca i1 LL 111a i ld„ � L La cn u? Q Q O o z S Crf p N LO q g - O N © C3 Y Y ! N N N 4° Y o w N } C LiJ X X p E 4! U -- 0. 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CD n CO 00 0 co ® ® © a 'a (3 -jot c7 a 0 sa o Gy � � ca Ci C - v p � �n CO u� m v � � � 6 ko Nr 0 U LO �» m � o uj CD CD u ® CD 0 a _ � ui to o - m> 'a (3 -jot c7 ® Ca q C3 CO Lu C w co 0 m 04 6 'a (3 -jot c7 ® Ca q C3 CO Lu C w 0 O �23 44 6 ro Nr 0 U LO �» m � o c o o - m> - U ® U) C3 O 2 a. O c, 0 2: t ar roro U' ° n E° a C3 C rs, G EU a a�i N a) C CV) fI} � N t81 to P° � tU CL a E co a 0 a e LO ua LU `r w w 8 2 0 t1 a z a`i z ul Lu ® w- C) O C7 LO O ® p LIJ ® N N r C> t p 47 ® C) (Y) r r r cq CY C) C ® co N co to 40 Ci U to 8 f 4 CO Lu �1 Q a x ro 0 U � CL IL ID 0 U) c o o - m> M U) O 2 a. O c, 0 2: t ar roro U' ° n E° in o ti rs, O EU a�i N a) C fI} N t81 to P° � tU CL a E co a 0 a e LO �tt Ca m to C7 !t N u. 8 2 p } ro ca O (0 C, U 43 w- C) C3 - C7 C} 0 ® LO ® C) cq cq � ea f 4 Mr. Fontana moved: That the above: communication from the Commissioner of Public Works, Parks and Streets dated March 4, 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 - Hickory Woods Infrastructure Improvements — Curb & Sidewalk Replacement 2010, Group #698 -A, to P & J Construction Co., Inc., the lowest responsible bidder, in the amount of $695,042,04 ($631,356.40 base bid + $63,185.64 unit price increase = $695,042.34. Funds for the project are available in Capital Accounts #31850006 - 445100 & 330032106 - 445100, Passed. 21 t TAB: my t.'% " svorda- m %,21c3- 1Gx.doc AVE NO FONTANA FRANCZYK � ;; fi�ee gg AA�, 7 ` OLOMBE K ac HAYNES si KEARNS LO CUR. i O RIVERA RUSSELL STMTH ar 213- 6 314- 7 '� 0� � #I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: ReportofBids [: Overlay of City Streets — BURA Funded - 2010 [: Gr. #707 PRIOR COUNCIL REFERENCE: (IF ANY) [: In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Destro & Brothers Concrete Co., Inc. 411 Ludington Street, Buffalo, NY 14206 Amherst Paving, Inc. 330 Meyer Road, Amherst, NY 14226 $798,426.00 $878,268.60 $884,122.00 $972,534.20 Occhino Corporation $892,998.28 $982,298.11 2650 Seneca Street, West Seneca, NY 14224 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $878,268.60 ($798,426.00 base bid + $79,842.60 unit price increase = $878,268.60). Funds for this work will be available in a future account & Chips Account 930032106- 445100. The engineer's estimate for this work is $1,000,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 10", 2010, Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJZ:IIf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: ` ter c Pi O ffi -1 IX 0 o C> R a cs LO Iq g 8 C5 0 cq N to q 0 Ct cq S 03, 0 t; LO 8 C> C5 9 rq 0 N 0 0 0 LO pi 0 LO IL eq co N 64 to C4 Cj 44 r- 4W 0 0 0 0 q C) 0 0 Q� -C4 I-- -j c j o 6 0 C5 0 10 6 C3 C> 0 g g 0-i q LQ vi n O 0 C3 1-o si 00 L6 6* N GO vi C) C> 8 CD C) ca 0 C) 0 0 0 .11: 03- C. to E E ro E 0 m ca co ::$ cu > 5 U) =$ co r 0 M E E 6r CL< E 0. < C) co ELI ZI z =j _5 A z Z) w I-- t x C) z CD N a. C) C3 V- OL > > 2 (D LU M U- o E O E w S! Co ID E spy rz cu > E E bN ts IV CL C 0) E to N U) 0- CD M > F7 (U o W > w E 0 '0 0 W -0 LL L W 0 m tu a C In! CL m C: < (D E (D r,o W ;k- 'E U) K a. A LL : 9 < LL C) C> C\l 04 t2 a C) C> 4 C) C) 0 O ffi N X h O ti LMI " o 0 g g a 67 ®Nri IL � Q OD 0 O O ® b e M C3 e B N q pQ O Z C FR � 69 M 69 Q E{1 6 (a ® g g 10 9 Q Q g g g ca ®�� g �! C) �i a o 0 a UJ o N V) E!T F9 [fT 6g � to 66q G* V). b �cu lid iid 0 tiJ Lil Lid LEI LEI 7 tu i= ® {y O C�J o EJ [] tC} o ® ® ag tfs LEI CY r° 6o r N 6.® U. (V Z Mul E d) h 7 O U ? s J b "F° Y ® U•s Ae o o d LY Im m® } � oo cat x , o m w " m �, G1 M 'o v 'o a> f2 '0 4) as m ro� I M60 c� 8 C] w CL > {A C3 M� w w� m9 if .Gk au sf1 [u N v C !°° E to v i to Et 4f El ` . d -- ca - - r� - m 7C y�U3 ® 0 ifl N LO a C) n to ® c� � n oa wl N X h O ti LMI x n z» a � o o ®O - 4 ® C7 p O O 0 0 ci C5 t 1 eC) °- ' "' FF9 t99 �d' H4 fi3 � 64 bg 0 a U3 49 40 0 (� 4; -_ (j ® O Q P Q 6 C71 0) C) O � � N Cf} EH 49 EL} V). fA C3 i� pp q Q C? CS C7 C) C5 C2 o 6L C:> ® p C3 ® [7 tj q Cl pp S� � ®® � V s� In ® O U C) O M 9 U LO 000 co IL LO w f9 C.). to CO. ta ke � 0 t 0) LO E C= c m � C Cr e 61d K 1°° cv O i'M it3 CA LO fL CY C?. w o o u 0 f#3 8 ro (U p ^' C2 Os CL p }� C �"' k°° C3 N C9 • C e , '} C!3 CL 61.0 CL 43 6 l7 ��,• . Q) 0 4D CL CL ca m C: a a a tL u.! ua t!! a a �3 i in ►`" U uz ai � (D w i a0i 44 x n z» „ ,. „ . .Engineer's Estimate: $706,000 t 1-� a v Title. Hickory Woods Infras roc ore It> roVerr��n a p Ad Date: l' 2/17/2010- Curb & Sidewalk Replacement - 2010 Bid Date: 3t3f2010 Group 693® A, REBID book # Checlk 0 ...... ma & a r 5S..... i.. rt hone # C* o nta�* r s N . Bid Amount Fax # 1 , ......... 1 #3 ' 66 9 ".,.:.. . .................. . .11 . n Co., Inc. . ,681-3562 769 Pleasant View, Lancaster, NY 146 t� 864 -9194 Valeri Concrete #2 #1167365 283 -1169 68 periwinkle Court, East Amherst, NY 14051 Construction Exchange of Buffalo & WNY #3 #7677 2660 William Street, Cheektowaga, NY 142 Master's Edge, Inc. #4 #13395 3409 Broadway,Cheektowa9a, NY 14227 Site ©evel o opment Excavation j #5 #2673 652 -3768 11840 Route #20A, Wales Center, NY 14169 #6 #7 #8 #9 #10 „ ,. „ . .Engineer's Estimate: $706,000 t 1-� a v Mi. Fontana moved: That the above communication f orn the Commissioner of Public Works, Parks and Streets dated February 25, 2010, be received and filed; and That the Commissioner offtblicWorks, Parks and Streets, be, and he hereby is authorized to award a contract for Overlay of City Streets, Croup #707, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $878,268.60 ($795,426.00 base bid + $79,842.60 unit price increase = $878,26 Funds for the project are available in CDB R account M - 60200 �. Chips Awount # -30=0 .321u� 445100. Passed. 22 TARrmv t:� %vordvniv122c 3 -16 a.doc � .AYE NO FONTAN A FRANCZ * llAiL®ES 7� ARNS L®CCTRTO k 75 RIVERA RUSSELL SMITH X Maj ° 5 X 2/3- 6 * '� 3/4- 7 '� �` I Title POSITION ALLOCATION MAINTENANCE FORM I DepartmentlDivision Start Date Original PR No. Title Code No. Salary Budget Function No. Assistant Eng ineer 00 Pudic Works. Parks & Streets. Division of Streets r � � 07 -058 4030 ?J 1 �� Q �� p a m YY! $5016.28 (Maximums, 13113001411001 IN 1 Reason for appointment (check one) 0 Status Change ❑ Reinstatement El Replacement E] Exten Type of Status Change (check one) ine of Avvointment: ❑ Permanent Contingent Permanent ❑ Provisional ® Temporary ❑ Seasonal ❑ Exempt 0 Competitive ❑ Non - Competitive H '10 15:22 FACE Comme fir. Duk currently holds this Position on a temvorary basis at stet) 5 (maximum) Day in palace of Donald J. Poleto. He is lbe.ina appointed Contingent Permanent. from the adouted Civil Service list for Assistant Engineer. in anticipation of Mr. Po(eto's appointment to ft Permanent Senior Engineer position., Eent)lovee Information: Name Thomas J. Duk ( SS# Address 56 Shenandoah Road City [ Buffalo DOB State New York Zip Code 14220 ., Signa e J.' Appoinfing A uthority Signature of Director of Budget f Date Send original copy signed by Dept. Head to Budget REF ERR F P C C ° Send or e-mail Civil Service a copy U GIV L Lw i d 0E. When approved copy is returned, send a copy to Audit along with file maintenance form, k and Budget ❑ From Temporary to Provisional N From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification Date ��W/C) #3 (Rev 1 -02) 000 O r0 6 ®,a x ,1,9 C 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 'W' have been certified or approved by the Human Rcsources/Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Equipment Operator Permanent, Provisional, Temporary, Seasonal (Insert Otte) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of. $37,077 LAST JOB TITLE Dog Control Officer NAME Timothy J. Byte LAST DEPARTMENT DPW DATE ADDRESS 63 Gunnell Avenue LAST SALARY CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -1 694 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 15030009 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 491009 PROD. ID PERSONNEL REQ. NO 2009 -062 SALARY RANGE OF POSITION $22,246 -- $37,977 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Sttepniak TITLE OF APPOINTING. AUTHORITY: Commissioner - - -- - -- - - - - DATE: 71281 SIGNATURE OF APPOINTING AUTHORITY: 1 l . =.._- _._ . ORIGINAL + 3 COPIES TO: €LY CLf R C (ONIBEFORE APPOINTMENT DATA OTHER COPIES TO: ;5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUS #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) i f 0027 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE. 03 -16 -10 ME SUBJECT: (: Compliance with City Charter regarding sale of former School 36 at10 Days Park PRIOR COUNCIL REFERENCE: (IF ANY) (: TEXT: (TYPE SINGLE SPACE BELOW) At yesterday's Caucus, the Common Council through its Majority Leader, requested an opinion from the Law Department regarding whether or not the process outlined in § §27 -4 and 27 -5 of the City Charter has been complied with, with regard to the abandonment and sale of former School 36, located at 10 Days Park. §27 -5 of the City Charter provides that the Council may by resolution provide that the interest of the city in any such abandoned or unappropriated real property be appraised by retaining an appraiser from the list of appraisers established by the Appraisal Review Board. The Council started this process in motion when, on May 12, 2009, in response to a joint request from Tapestry and the Elmwood Village Charter Schools, it authorized the abandonment and sale of 10 Days Park in accordance with Article 27 -5 of the City Charter, Sale by Appraisal. §27 -5 of the City Charter further states that any person desiring to acquire title to any such property may retain such appraiser at his or her own expense. Elmwood Village Charter School retained such an appraiser at its own expense and said appraisal was forwarded to the Appraisal Review Board for its consideration. The report of the Board of Appraisers for the purpose of fixing the value of the interest of the City in such property shall then be transmitted to the Council for approval according to §27 -5. The Council now has such report in the form of the Communication from the Real Estate Department setting the value at $540,000 and attaching a proposed Sale Agreement, as directed by the Common Council in the May 12, 2009 resolution it adopted. §27 -5 of the City Charter provides that if a sale be authorized as provided in the foregoing section (referring to §27 -4), the sum found by said appraisers as the value of such interest in the premises appraised shall be the amount of the compensation to be paid for the release and conveyance of said property by the party making such application for such appraisal. The Council therefore, if it chooses to sell the property to Elmwood Village Charter School by approving Item #13 of its March 16, 2010 meeting agenda, shall sell the property for $540,000.00, as that is the value that has been set by the Appraisal Review Board. I Lastly, §27 -4 of the City Charter provides that after an appraisal, the Council may by a two - thirds vote of all members elected thereto authorize the sale of such real property. This is the vote now before the Council in the form of Item #13 on the Council's March 16, 2010 agenda. The Council has the discretion to sell the property located. 10 Days Park by approving Item #13 on its agenda. The submission of a competing offer does not impede the Council's ability to act in this regard. If less than two-thirds of the membership of the Council vote to sell the property located at 10 Days Park, the property stays in the City inventory until further action is taken by the Council to provide for its future sale by appraisal or public auction or a negotiated sale is undertaken by the Director of Real Estate, all of which would still ultimately be subject to the approval of a two- thirds vote of the Common Council at a later date. I trust that this addresses your concerns regarding this matter. SIGNATURE OF DEPARTMENT HEAD- (Timothy A. Ball — due to reeusal of Corporation Counsel from this .smatter.) FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 16, 2010 0095 To: The Common Council: Date: March 10, 2010 t From: Department of Economic Develooment, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 1233 Niagara (Niagara) Tvpe in Unger and I [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type 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 at 1233 Niagara (Niagara Convenient Shop/Yaser Albawa) 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: CTING COMMISSIONER Sianature of Department Head: - - JC:Ps:rf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST \ AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVR-lE T7Pafflb%t APPLICATION FOR: NIAGARA CONVENIENT SHOP LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 114 sml DISAPPROVAL. REASON: 1233 NIAGARA (917) 529 -3838 N1 00 MASER ALBAWA (917) 529 -3838 556726 12/22/2009 NEW LICENSE 2014 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: 3 `� DISAPPROVED DATE: DISAPPROVAL CALL MACK 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. AppSdtpzrpl 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: NIAGARA CONVENIENT SHOP LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1233 NIAGARA BUSINESS PHONE: (917) 5293838 COUNCIL DISTRICT: NI POLICE DISTRICT: 00 APPLICANT NAME: 'YASER ALBAWA APPL. PHONE; (917) 529 -3838 APPLICATION NUMBER: 555726 REFERRAL DATE: 12/22/2009 REMARKS: DISAPPROVAL, REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PROVED DISAPPROVED DISAPPROVAL CALLBACK DATE:_ DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RIl## EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .4FnSQp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: NIAGARA CONVENIENT SHOP LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 1233 NIAGARA BUSINESS PHONE: (917) 529 -3838 COUNCIL DISTRICT: NI POLICE DIS'T'RICT: 00 APPLICANT NAME: MASER ALBAWA APPL. PHONE: (917) 5293838 APPLICATION NUMBER: 556726 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST DE STATED BELOW" *" REMARKS: INSPECTOR RM# E "'T AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSllp2.rp 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: NIAGARA CONVENIENT SHOP LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAM APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1233 NIAGARA (917) 529 -3838 NI 00 YASER ALBAWA (716) 704 -6821 556726 12/22/2009 NEW L 2010 REMARKS: MUST APPROVE OR DISAPPROVE BASED ON APPLICANTS MORAL CHARACTER & LOCATION. DISAPPROVAL REASON: 3 OTI4ER STORES IN AREA. VENDOR IS NOT OFFERING ANYTHING DIFFERENT. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE �,/- /s.. .1f� �., CDA DISAPPROVED DATE: a�.>H.U_��►� at►� DISTRICT CAPTAIN: APPROVED DATER If -' f'n! r-pn� A 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. AppSlip2. 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: NIAGARA CONVENIENT SHOP LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT- APPLICANT NAME: APPL. PHONE- APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 1233 NIAGARA (917) 5293838 NI 00 YASER ALBAWA (917) 529 -3838 556726 12/22/2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) /APPROVED DISAPPROVED DISAPPROVAL CALL 13AC K DATE: ,Ile 0 DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW "* REMARKS: r RM#- , 1 - EXT =f INSPECTOR INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpf p1 check .e aft D You arO appl*g for 4 A 9 f Sole peg . � 0' t Ta Ci holle plat Nome zw CO p 11 A ra d Sit Cky N " Data 1caorted - Corporation Name fQ, 6 cl �� 0 . c� Phone mss � . ZIP Sow Suit. Tax W # FA" (it fro�ss) N+ std* 11f 0-� 0-200 174-00 �fr'v�1Pr•rrr... r «:.. >fw4r : � ��rVV • � Na4o#4Ht4looPh i.4 } >y. °iFS+ ♦ }r a}a!!}.ff! ' " /gam 115r0� ' Sub�`bed sal sworm to before MO his � Y of _ O' 4f +,9ros}a d #. #44Y9 es! } +ar.P Yi F944. . 0 Bak er/ 0-2 O IOyces .. 63 #00 - for h C0 `ffla .. 3110 1c,�r r. $105-0 �isier ofDas aids 11 -25 Mp14 yo" 4P $157,00 City ofBUwO, ) qOw York 26 OIoYsr. $3150. 1 -20Q MPIOY Mr. Fontana moved: , That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 10, 2410, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to user Albawa. d/b /a Niagara Convenient Shop located at 1233 Niagara Street. Passed 25 TAB:rtnv T- %wp6OVrmvrordvmv125c3- 16a.doc c� * AYE * NO * FONTANA FR.ANCZYK * * G®LOMBEK * x is BAYNES * KEARNS * LOCURTO * RIVED . * RUSSELL STH * 11 aj ° 5 I�t a 4F 'lf 3/4- ° / 7f ti' SAC 0009 -� Single Page Communication to the Common Council \� }� To: The Common Council: Date: March 3, 2010 From: Department: Department of Economic Development, Permit & Inspection Services. Division: Office of Licenses. Subject: [: Restaurant Dance License (RENEWAL) 445 Delaware Avenue Prior Council Reference: (If any) [: Ext. (Item No. xxx, C.C.P. xx/xx /xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 445 Delaware Avenue for which said renewal application for a Restaurant Dance Class III license is being sought by Salvatore Buscaglia and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: James Comerford Signature of Department Head JC:cap 'Deputy Commissioner A )eputy Commissioner t/ #1 (Rev. 01/1993) 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: SNOOTY FOX LOUNGE LICENSE TYPE: RESTAURANT/DANCE RENEWED LICENSE 2010 BUSINESS ADDRESS 445 DELAWARE BUSINESS PHONE: COUNCIL DIS'T'RICT: EL POLICE DIS'T'RICT: 03 APPLICANT NAME: SALVATORE BUSCAGLIA APPL. PHONE: 856 -4705 APPLICATION NUMBER: 544081 REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) J . APPROVED DATE:!_... DISAPPROVED REMARKS: �# DISTRICT CAPTAIN: APPROVED DATE: DATE:.. .. .... ' DISAPPROVED DATE: ***REASON FOR DISAPPROVAL MUST B TATED LOW` REMARKS: ' COMM. OF POLICE: Deputy Commissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. gppSlipl rpa CITY OF BUFFALO OFFICE OF LICENSES ` 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: SNOOTY FOX LOUNGE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: 445 DELAWARE BUSINESS PHONE: - COUNCIL DISTRICT; EL POLICE DISTRICT: 03 APPLICANT NAME: SALVATORE BUSCAGLIA APPL, PHONE: 856 -47€35 APPLICA'T'ION NUMBER: 544081 REFERRAL DATE. REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY tDEPARTMENT REFERRED TO) AA� APP DATE: D APPROVED DATE: DISAPPROVAL DATE: CALLBACK ***REASON FOR DISAPPROVAL MIDST BE STATED BELOW"' REMARKS: INSPECTOR V4 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS1Jp pl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL RE�UEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: SNOOTY FOX LOUNGE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS; BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 445 DELAWARE EL 03 SALVA"T'ORE BUSCAGLIA $56 -4705 544081 REMARKS; DISAPPROVAL REASON: RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 3 00 DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR L + RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. F � 113 L+ AppSlip2.rpr r 5 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 3, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby. is authorized to renew a Restaurant Dancing Class III License to Salvatore Buscaglia d/b /a Snooty Fox Lounge located at 445 Delaware Avenue. Passed. 26 rAs:rmv T: lwp6O\nim•ord\rmv\26c:3- 16a.doe ) l FONTANA * �` 'X FRAN CZYK. G®LOEK 7C HAYNES * KEARNS * * x L OC RTV RIVIERA RUSSE SMITH * maj ° 5 * ,{ 2/ 3- 6 3/4- 7 * '� : Single Page Communication to the'Commo"n'Couneil X 4 To: The Common Council: Date: March S, 2010 From: Department: Department of Economic Development. Permit & Inspection Services Division: Office of Licenses Subject: : Sidewalk Cafe 484 Elmwood .Avenue Prior Council Reference: (1f any) [: Ext. (Item No. xxx, C.C.P. xx/xx /xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 484 Elmwood Avenue for which said application for a Sidewalk Cafe license is being sought by Ellen Bistro and according to the attached reports from Zoning and Engineering Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head JC:cap 4 1 (Rev, 0 111993) .lames Comerford sting Commissioner f f f/ �F� sting Commissioner 4 ' 4 ('. ..T paWV appfi�z�. jL V ... : . CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW ''FORK 14202 � INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: ENGINEERING REFERRED TO: MIKE MURPHY APPLICATION FOR: EUROPA BISTRO LICENSE TYPE: SIDEWALK CAFE NEW LICENSE 2010 BUSINESS ADDRESS: 484 ELMWOOD BUSINESS PHONE; 884-1100 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ELLEN GEDRA APPL. PHONE: - APPLICATION NUMBER: 557208 REFERRAL MATE: REMARKS: DISAPPROVAL REASON: ORIGINALLY APPROVED BY COUNCIL MAY 2007. NO CHANGES TO PATIO DIMENTIONS (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) SQUARE FOOTAGE APPROVED DATE: " 4 DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: or INSPECTOR RM# 1 �- EXT .9 e`4' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppShp2rpt 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: EUROPA BISTRO LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: 484 ELMWOOD BUSINESS PHONE: 884 -1100 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ELLEN GEDRA APPL. PHONE; - APPLICATION NUMBER: 557208 REFERRAL, DATE: REMARKS: DISAPPROVAL. REASON: NEW LICENSE 2010 � l (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) SQUARE FOOTAGE A DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** REMARKS: INSPECTOR ., RM# So 1 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU.' AppSlip2,rp1 Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated March 5, 2010, be received and filed; and That pursuant to Chapter 150 of the City Cade, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Sidewalk Cafe License to Ellen Bistro dlbla. Europa Bistro located at 484 Elmwood Avenge. Passed. 27 TAB.rmv 'i':txVso=mord v%27c3- ISa.cm i AYE NO FONTANA FRCZYK C®LOMHEK ' HAAS ]LEARNS LOCURTO RfVERA K RUSSELL STH Maj - S x 9 2/3- 6 3/4- 7 �` 5 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS March 16, 2010 r c € Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code, Section 491 -35 of the City of Buffalo Code and Section 10480)(5) and 1180 of the Public Authorities Law of the State of New York, respectively, 1, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs; and Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, identifies those parcels which have been subject to delinquent Tax; User Fees; Sewer and Water Charge Liens held and owned by the City of Buffalo since the lst day of July, 2008, except for those parcels excluded from this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees, Sewer and Water Charge Liens and the amounts due thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, which is annexed hereto and made a part hereof. Pursuant to section 1122(7) of the Real Property Tax Law, the fili)no s List in the office of the Clerk of the County shall constitute and have the same fore ect as the fling and recording in such office of an individual and separate N of Pe deainst each parcel set forth on this List. Dated: February Xt 2010 Michael A. Seaman _ Diirector.of the Treasury and Collections; € REFE RR- _ s m TE Deputy Commissioner of Administration and Finance, Policy and Urban Affairs and Urban Affairs. Enforcing Officer (� , � � � c\, �� -�� r J-& \) , -" -, \,,- -4A� Ct'� Qk"' �'� 0 -4 1 i VOLUME I .. .- i y��{� qyy STATE OF NE F JL ORK FE P/j f��[r�j 1 w E L V 4 COUNTY COURT, ERIE COUNTY - ERIE , L FRKS OFF IN THE MATTER OF FORECLOSURE OF TAX; USER LIST OF FEES; SEWER AND WATER CHARGE LIENS, DELINQUENT TAX; BY PROCEEDING IN RENT PURSUANT TO ARTICLE USER FEES, SEWER OF ELEVEN OF THE REAL PROPERTY TAX LAW BY AND WATER THE CITY OF BUFFALO, THE CITY OF BUFFALO CHARGE LIENS WATER BOARD AND THE BUFFALO SEWER. IN REM NO. 44 AUTHORITY AFFECTING DISTRICT NOS. I THROUGH 14, INCLUSIVE. INDEX NO. 12010-1382 Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code, Section 491 -35 of the City of Buffalo Code and Section 10480)(5) and 1180 of the Public Authorities Law of the State of New York, respectively, 1, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs; and Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, identifies those parcels which have been subject to delinquent Tax; User Fees; Sewer and Water Charge Liens held and owned by the City of Buffalo since the lst day of July, 2008, except for those parcels excluded from this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees, Sewer and Water Charge Liens and the amounts due thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, which is annexed hereto and made a part hereof. Pursuant to section 1122(7) of the Real Property Tax Law, the fili)no s List in the office of the Clerk of the County shall constitute and have the same fore ect as the fling and recording in such office of an individual and separate N of Pe deainst each parcel set forth on this List. Dated: February Xt 2010 Michael A. Seaman _ Diirector.of the Treasury and Collections; € REFE RR- _ s m TE Deputy Commissioner of Administration and Finance, Policy and Urban Affairs and Urban Affairs. Enforcing Officer (� , � � � c\, �� -�� r J-& \) , -" -, \,,- -4A� Ct'� Qk"' �'� 0 -4 1 I VOLUME 2 STATE OF NEW YORK COUNTY COURT, ERIE COUNTY � IN TOE MATTER OF FORECLOSURE OF TAX; USER LIST OF FEES; SEWED AND WATER. CHARGE LIENS, DELINQUENT TAX; BY PROCEEDING IN REM PURSUANT TO ARTICLE USER. FEES; SEWER OF ELEVEN OF THE REAL PROPERTY TAX LAW BY AND WATER THE CITY OF BUFFALO, THE CITY OF BUFFALO CHARGE LIENS WATER BOARD AND THE BUFFALO SEWER IN REM NO. 44 AUTHORITY AFFECTING DISTRICT NOS. 1 THROUGH 14, INCLUSIVE. INDEX NO. 12010-1382 Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code, Section 491-35 of the City of Buffalo Code and Section 1048G)(5) and 1180 of the Public Authorities Law of the State of New York, respectively, 1, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance, Policy and Urban Affairs; and Enforcing Officer of the City of Buffalo, do hereby certify and aff°um as true under the penalties of perjury that this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens, identifies those parcels which have been subject to delinquent Tax; User Fees; Sewer and Water Charge Liens held and owned by the City of Buffalo since'the 1st day of July, 2005, except for those parcels excluded from this List of Delinquent Tax; User Fees, Sewer and Water Charge Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees, Sewer and Water Charge Liens and the amounts due thereon, are identified on Schedule A of this List of Delinquent Tax; User pees, Sewer and Water Charge Liens, which is annexed hereto and made a part hereof Pursuant to section 1122(7} of the Real Property Tax Law, the /denc of s List in the office of the Clerk of the County shall constitute and have the same f feet as the filing and recording in such of� ce of an individual and separate Na ' of P against each parcel set forth on this List. Dated: February jJ, 2010 Michael A. Seaman Director of the Treasury and Collections; Deputy Commissioner of Administration and Finance, Policy and Urban Affairs and Urban Affairs. Enforcing Officer FROM THE COMMISSIONER OF HUMAN RESOURCES Mardi' 16, 2010 BYRWN W. BROWN MAYOR Common Council 65 Niagara Square Buffalo, New York 14202 Dear Councilmembers, 1 ° KARLA L. THOMAS COMMISSIONER February 24, 2010 IVrZ.) , H1AiA) C, 4 Attached, please find my comments and /or recommendations in response to your correspondence dated February 17, 2010. Thank you, Sincerely, t 1/4 1 ria L. Thomas Commissioner of Human Resources Q0 4 BUFFALO CITY OF DEPARTMENT OF HUMAN RESOURCES 65 NIAGARA SQUARE / 1007 CITY HALL/ BUFFALO, NY 14202-3310/(716) 851-9624/ FAX: (716) 8514968 / www.city- bu€falo.com Item # 47 C.C.P. Feb. 16, 2010 MMM Calling for a Moratorium in Hiring for the Buffalo Fire Department. The second class of Buffalo Firefighters entered the academy on Wednesday, February 17, 2010. The candidates were sworn in and are moving through the academy on schedule. Both the number and selection process is being driven by federal court order and the City of Buffalo has not deviated from the directive outlined in the aforementioned. The Commissioner of Human Resources is satisfied with the selection process, the oversight and directives issued by the Federal Court, and progression of the hiring of Buffalo Firefighters from the current eligible list and finds the request for a moratorium without merit. My recommendation is for hiring to continue without interruption. Item # .: Feb 16 2010 Proc Concerns Reg B ecoming • Fir This Commissioner has reviewed the marketing campaign and strategy utilized in the recruitment of candidates for the City of Buffalo Firefighters exam in question and found it to be inclusive and satisfactory. Candidates disqualified under the residency rule failed to provide documentation to confirm their City of Buffalo residence in accordance with civil service guidelines. The City of Buffalo spent over one million dollars for the development of a test to replace the ones found to be discriminatory in the past. The court order governing the appointment of firefighters from the Civil Service Eligible list mandated candidates be chosen according to applicant flow, thereby identifying African Americans, Hispanics and women as protected class members. The projected number for each class was based on a formula to calculate percentages. There has been no change in the amount of discretion afforded the current Human Resource Commissioner and is no more or no less than Commissioners have had or exercised in the past. REF EM-9 :r "' © V.L'Ommon C ounct , CITY OF BUFFALO 4 Council Staff Chief of Staff James S. Pajak f Senior Legislative Assistant IV Karla L. Thomas, Commissioner Kevin Linder Human Resources 1007 City Hall Senior Legislative Assistants Buffalo NY 14202 Marite Bellfield Brian C, Bray Mark J. Jaskula William Licata Karen D. Privateer Jacqueline B. Rushton Legislative Aide James N. Jackson 66 Niagara Square, Room 1413 Buffalo, New York 14202 -3315 Phone: (716) 551 -5105 Fax: (716) 851-4234 Dear Commissioner: February 17, 2010 At the Common Council Meeting held on Tuesday, February 16, 2010, the following items were referred to the Committee on Legislation and your department for a response: "MMM- Calling for a Moratorium on Hiring Bflo Fire Dept" ( #47 C.C.P. Feb-16,2010) "MMM- Concerns Reg Process of Becoming a Bflo Firefighter" (##48 C.C.P. Feb. 16, 2010) Please review the enclosed items and file and address your comments and /or recommendations with the Common Council, 1308 City Hall, by 2:00 n.m. Thursdav, February 25,,,2010. If you have any questions or need further information, please contact me at 851 -5109. Your assistance is greatly appreciated. Enclosure Sincerely, �`_ Ma! v Ia Sr. Legislative Assistant IWO 612010 our Mission: to 8 selected. gather the . best, brightest and most willing minds to mobilize and organize our people, and to develop short and ion g range plans and programs to enable our people to achieve both self - determination, and the capacity to meet the needs of our people ourselves. w ooaitzaug reopae aura ariLaximming rower Samuel L. Radford Ill _ Co - Chair The POWER of UNITY Sabirah Muhammad - Co -Chair The Buffalo Local Action Committee and the Millions More Movement in Executive Committee conjunction with others in the community became aware of a number of issues Finance Chairperson regarding the fairness of selection decisions regarding placement into the training Herbert X Campbell phase of the process of becoming a Buffalo Firefighter, Ministry of Information Following an extensive investigation seeking the facts and information Kamala Muhammad regarding the process of determining whom should be appointed to attend. the Ministry of Education Training Academy, the BLAC and MMM determined that there continues to be Antoinette Radford problematic issues regarding the fairness of the selection process, unfortunately, Ministry of Defense continuing a well documented history. Darlene Muhammad BLAC was made aware of these claims of unfair denials and other issues Ministry of Health related to the administration of the Buffalo Fire Department's Firing practices, not Elder Ayman Dawud Abdul Haiim Muhammad only from some residents who claimed they were unfairly denied an appointment, Ministry of Justice Ministr ry of but in our investigation we were informed that the City of Buffalo is currently under a Consent Decree issued by the U.S. Federal Court, Western District since John Walker 1973 for past and current acts of discrimination based upon race and gender. This Ministry of Agriculture decree requires the City of Buffalo to not discriminate on the basis of race, Katherine Muhammad gender, and color and that this order is enforce and has been so since 1973. Over Ministry of Trade and Commerce the past several decades the City of Buffalo have made a number of attempts to Lumon Ross develop a non - discriminatory process as it regards the hiring of entry level firefighters, to date however, the hiring procedures have remained discriminatory. The current process employed to qualify and select candidates is insufficient and M inistry of Scienc inis ngMin cienc e and Technology M illegal as it regards fairness for blacks and women. Ministry of Arts and Culture W e call for the process to become more transparent and applied with Local Convener greater sensitivity to the interest of our community, a desegregated Fire Erie Muhammad Department, fairly arrived at. It is further our contention that those questions raised regarding the process are of such importance that no further hiring should be allowed until all such questions are satisfactorily resolved. We therefore call on National Convener those in positions of authority to act aggressively and with that haste required Ronorable Min. Louis Farrakhan which will allow for the fair, non-discriminatory selection of qualified candidates. It is our intent to continue to seek an effective resolution to the issue of fairness with repect to determining qualifications, availability and other issues with respect to recruitment, applications, testing and selection of candidates from our community for the position of Firefighter. It is also the intentions of the BLAC .BLAC- MMM to seek the support of and information from, the community P.O. Box 102 generally and specifically, those who believe they too may have been unfairly Buffalo, New York 14209 denied an opportunity to pursue a career of service in the Buffalo Fire (716) 578 -3571 Department. We are very interested to learn more about the experience of those 948 -5100 candidates successfully appointed to the training phase or not, especially those not m"rVmI,AC�a mall corn our Mission: to 8 selected. gather the . best, brightest and most willing minds to mobilize and organize our people, and to develop short and ion g range plans and programs to enable our people to achieve both self - determination, and the capacity to meet the needs of our people ourselves. w ooaitzaug reopae aura ariLaximming rower Samuel L. Radford Ill _ Co - Chair The POWER of UNITY Sabirah Muhammad - Co -Chair 178 6/2010 n tT�vU.[t�.eta� t �+v�+rxv waa.e b,sw,......,........� ....�.. -- The POWER of ;;iI — i ' Executive Committee Finance Chairperson Herbert X Campbell Ministry of Information Kamala Muhammad Ministry of Education Antoinette Radford Ministry of Defense Darlene Muhammad Ministry of Health Elder Ayman Dawud Abdul Halite Muhammad Ministry of Justice Cariol Horne John Walker Ministry of Agriculture Katherine Muhammad Ministry of Trade and Commerce Luton Ross Pending Ministries Ministry of science and Technology Ministry of Arts and Culture Local Convener Eric Muhammad National Convener Honorable Min. Lanus Forrakhan BLAC P.O. Box 102 Buffalo, New York 14209 (716) 578-3571 948 -5100 MMMf3LAC @gmail.com In August of 2009, the Buffalo Local Action Committee for the Millions More Movement became aware of allegations of discriminatory hiring by the Buffalo Fire Department. These allegations were made by individuals who took the civil service examination in hopes of receiving a placement on the list of candidates to be hired. After close examination, we are in agreement with their contention that numerous actions that tookplace by the fire department were indeed discriminatory, and that officials in charge of oversight have fallen short of their responsibilities to produce a more equitable outcome. a The numbers ofBlacks in the applicantpool did not significantly increase, despite the fact that for this round of hiring, the fire department drew from city residents alone. a Candidates with a long and documented history of city residence were disqualified because of the residency rule. 0 The Justice Department has long ago established a pattern of discriminatory hiring, and as a result, has held the city under a Consent Decree since 1973. ® The amount of discretion afforded the Commissioner of Human Resources in candidate selection appears to have cleared the way far a climate of arbitrary selection or rejection, despite the aims and structure provided by the rules of the consent decree. The Buffalo Local Action Committee for the Millions More Movement is hereby calling for a moratorium on hiring within the Buffalo Fire Department, until the legitimate issues that have been raised can be reviewed and satisfactorily adjudicated. We are callingfor the suspension of the current class ofgraduates until such time as the gross, longstanding climate of discrimination has been resolved . prora other rub our people to achieve both self-determination, and the capacity to meet the needs of our people.ourselves our Mission . g best, bit htest and most willin minds to mobilize and organize our p eople, and to dove la short and long range plans and programs to enable p p ' Samuel L. Radford Ili - Co -Chair Sabirah Muhammad . Co -Chair 00033 CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES 1 BYRWN W. BROWN KARLA L. THOMAS MAYOR March 10, 2 ©117 COMMISSIONER City of Buffalo Common Council Committee on Legislation 65 Niagara Street Buffalo, New York 14202 Dear Honorable Committee Members, The following is provided in response to correspondence received by this writer fi Mark Jaskula, Sr. Legislative Assistant dated March 3, 2010, The request was made on behalf of this Honorable Colnlnittee and is in regards to Governor Paterson's "Age 29" Law: The above referenced law affects administration of health insurance benefits by the City of B1.►ffalo Compensation and Benefits Department as follows: The law affords the offspring of current eniployee's or retiree's, access to medical coverage up to the age of 29 regardless of their income, independence or any other independent status from their parents. They don't even have to live with their parents to be eligible as long as they reside in New York State. Compliance is afforded under two options: OPTION 41 The City, in compliance with the law, must offer eligible offspring medical coverage in a separate policy, purchasable by the offspring or the employee /retiree. There is no cost to the City of Buffalo. OPTION 92 The City mast purchase an additional rider (Over 25 Rider) to cover the addition of the age eligible offspring, This option would increase our monthly premiums and could increase our experience rating which would in turn, raise our rates. Since we Have the option of offering one OR the other, the City is opting to pursue compliance under Option #1, at no additional cost to the City and no financial liability, while affording us compliance with the law, Blue Cross has notified every employee /retiree of this new law directing them to contact our Employee Compensation and Benefits Department for more info or to enroll. The cost to those interested in picking up this insurance is $350 /mo for the 204 Plan, $3$5 /mo for the 201 Plan and $715 /nzo for the 901 Plan. S!Dy REFERRED TO THE O 3 K Ila L. T'hornas Commissioner of Human Resources 65 NIAGARA SQUARE: / 1007 CITY HALL / BUFFALO, NY 14202 -331 0 / (716) 851 -9624 / FAX! (716) 8514968 / www.city- btiftalo.com Cc: M. Jaskulz Sr. Legislative Assistant Mayor Byron W. Brown Commissioner Janet Penksa March 3, 2010 Karla L. Thomas, Commissioner Human Resources 1007 City Hall Buffalo NY 14202 bear Commissioner: At the Common Council Meeting held on Tuesday, March 2, 2010, the following item was referred to the Committee on Legislation and your department for a response: "M.Giaquinto -Blue Cross Age 29 Law " (29 C.C.P. Mar. 2, 2009) Please review the enclosed items and file and address your comments and/or recommendations with the Common Council, 1300 City Hall, by 2 :00 D.m. Tbursdav, March It 2010. if you have any questions or need further information, please contact me at 851 -5109. Your assistance is greatly appreciated. Sincerely, A {. j Mark Jaskula Sr. Legislative Assistant Enclosure 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (716) 851 -4234 L IIIef oj'y jj Janles S'. laaJa€i counctl Senior Legislative Assistant IV Kevin M. Linder Senior Legislative Assistants Mark J. askula William . f. Lieafa Ju lia A, Pa�-1 Melissa Sanchez City of B uffalo, NY Richard Wall LegisiativeAide James N. Jackson March 3, 2010 Karla L. Thomas, Commissioner Human Resources 1007 City Hall Buffalo NY 14202 bear Commissioner: At the Common Council Meeting held on Tuesday, March 2, 2010, the following item was referred to the Committee on Legislation and your department for a response: "M.Giaquinto -Blue Cross Age 29 Law " (29 C.C.P. Mar. 2, 2009) Please review the enclosed items and file and address your comments and/or recommendations with the Common Council, 1300 City Hall, by 2 :00 D.m. Tbursdav, March It 2010. if you have any questions or need further information, please contact me at 851 -5109. Your assistance is greatly appreciated. Sincerely, A {. j Mark Jaskula Sr. Legislative Assistant Enclosure 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (716) 851 -4234 cTL Bl ue C r o ss of Western Now Y MAR 0 Po Box 80 • Buffalo, Now York 14240-4080 Young Adult Children Health Insurance Legislation: Dear Valued Member: Thank you ,for choosing BlueCross BlueShield of Weaern 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 under; ® 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; g 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 mote that the young adult hoes 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 Youngs 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 elate that coverage through the Young Adult Option first becomes available under the policy or contract. The Young Adult Option does not first become available winder 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. A Division of HealihNow New York Ine.An independent Licensee of the BlueCross BlueShield Associallon aa?� over, please R ZB U:�FV �t7 �r r m LAS do -e � ZQ� U' IJ . Q r; a� r Z 0 �a z v n C ow m�� FROM THE CITY CLERK. March 16, 2010 0 C. 0 3 , Buffalo, New York 14201 -0208 Chairman Douglas S. Coppola, Eq. !March 2, 2010 Honorable Common Council: A A,* W 07y { ��' YIC .5 Members James L. Magavern, Erq Michael B. Risman, Eq. Gerald Chwalinski Richard T. Sullivan, Erq, Dr. Eleanor Paterson We are writing to recommend amendment of the City's Code of ethics to remedy a shortcoming in the jurisdiction of the Board of Ethics. Under Sections 12-21, 12 -24, 12 -25, and 12 -26 of the Code of Ethics, the Board of Ethics is empowered to investigate and adjudicate alleged violations of the Code and inappropriate cases, to recommend disciplinary action, assess a civil penalty or refer the violation to prosecution as a misdemeanor. These provisions are based in part on Section 94 of the New York Executive Law, which provides for review by the State Ethics Commission of complaints alleging violations of standards of conduct prescribed by the Public Officers Law for state officers and employees. In Flynn v. State Ethics Commission, 87 NY2d 199, 638 NYS2d 416 (1995), the New York Court of Appeals. held that the State Ethics Commission lost jurisdiction over a state officer when he retired from state service daring the course of an investigation by the Commission. We have recently determined that under the rationale of the Flynn decision, the Board of Ethics lacks jurisdiction over former City officers and employees in respect to alleged violations of the Code of Ethics during their employment by the City. The State Legislature amended Section 94 of the Executive Law to address this problem at the state level by extending the jurisdiction of the State Ethics Commission to ethical violations by former state officers and employees during their state service (Laws of 2005, chapter 165). We recommend a similar amendment to the City's Code of Ethics. To that end, we enclose a proposed new Subdivision D of Section 12 -24. Thank you for your consideration. Respectfully, °J K t f 7 Douglas S. Coppola Board of Ethics Chairman DC /mc CITY OF A BOA O REFERRED TO ° °r-1 OMM T T E \1 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 1, 2010 FROM: DEPARTMENT: City Clerk's Office SUBJECT: [:Proposed Amendment to Section 12 -24 [:of City of Buffalo Code of Ethics C- PRIOR COUNCIL REFERENCE: (IF ANY) Ex. fltem No. xxx. C.C.P. xxlxxlxx) Attached please find a proposed amendment to Section 12 -24 of the City of Buffalo Code of Ethics. SIGNATURE .4 I DEPARTMENT DEAD TITLE : Gerald A. Chwalinski, City Clerk r III iiiii D. The jurisdiction of the Board shall continue notwithstanding that an officer or employee separates from the service of the city or a city agency to which this Code of Ethics is applicable, provided that the Board notifies such individual of the alleged violation of law pursuant to paragraph (A) of this section within one year from his or her separation from such service. Nothing in this section shall serve to limit the jurisdiction of the board in enforcement of Section 12-13 of this Code of Ethics. GERALD A. GI° WALINSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RI CO Deputy City Clerk Vital Statistics Deputy registrar of Vital Statistics March 10, 2010 Honorable Common Council 1300 City Hall Buffalo, New York 14202 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Subject: Permission to Accept Grant Award 0580 -10 -12741 Honorable Council Members: We respectfully request your permission to accept a Grant Award that. The City Clerk's Office applied for and was awarded in the amount of $4,960 from the New York State Archives Grants Administration Unit. This grant will assist the Clerk's office with scanning, imaging and microfilming of birth records between the years of 1942 -1960. Permission is requested from Your Honorable Body authorizing the City Clerk's office to enter into all necessary agreements with New York State's Grants Administration Unit to execute this grant. Respectfully, ��V ? Gerald Chr4alinski City Clerk GClmc Mr. Fontana moved: F That the above communication from the City Clerk dated March 10, 2010, be received and filed; and That the City Clerk be, and he hereby is authorized to accept a Grant Award in the amount of $4,960 from the New York State Archives Grants Administration Unit to assist with scanning, imaging and microfilming of-birth records between the years of 1942- 1960. That the City Clerk be, and he hereby is authorized to enter into all necessary agreements with New York State's Grants Administration Unit to execute this grant. Passed. 31 TAB: rn»v t:hvp60\mmvord\rmv\3 J 6- 16a.dor AYE x NO x FONTANA FRANCZ' .... * * GOLOMBEK * �r * HAYNES * KEAR.NS * LOCURT® * sc 3r RIVE * RUSSELL * SMITH * '� * x * X 2/3- 6 3/4- 7 013 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 79 We Chippewa St. 2179 Niagara St 1. Letchworth St: RECEIVED AND FILED March 16, 201© Business Name Bayou Marty Graus LLC The Green Room J Gerace Inc Owner's Name Bayou Riverside Bar, 5ideliners Inc. �\ J rf STATE OF NEW YORK Srmidardized ORIGINAL APPI,ICATION NOTICE FORM f or Pruvfdrnga ` EXECUTIVE DEPARTMENT �() -IIaY Advance Nntice is a Local Munieinality or Community Board ` DIVISION OF ALCOHOLIC BEVERAGE CONTROL fn cannectia r "'f1h 1110 r11bMISSiOn ro the Slate Lfgaor,tuthordty ofthe F� STATE LIQUOR AUTHORITY Applicant's Original (llirstl On- Premises Alcoholic Beverage Lieense Auntication' for the Establishment Identified in this Notice (Pane 1 &2) f 2) u"ic Ulf! 0 691nal COPY Of THIS- 311 DAYADVAIVCEN 2 Q rs Notice was Mailed to the local M _ t'OLLOWMG LOCAL MUNICIPALITY OR COMMU E CLERK OF THE P tY BEING MAILED TOT H E BQARIJ 2. Name of the Local Municipality Or Communiry Board CITY C t_ � Cj ty 3. Street Address of Local Municipality or Community Board: (p t LtL 0� FiCAO 4. � City, Town, or Village: I 1 1 - 79 c ( NY 2fpCode: 5, Telephone Number of Clerk of Laee1 Municip or Community Board: -� �' -' F � I A77ORNEY REPPMSENTING THE APPLICANT IN CONNECTION WIT7 I THE APPLICANT' S ✓ - I ORIGINAL (FIR" ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR TIfE ESTABLISHMENT IDENTIFIED IN THUS - NOTICE 6. Attorney's Full Name is �^ __ -- 4 !? r �T 17 11 7. � Attorney's Street Address: $. city, Town, or Village: (f ` y b 3. BusinessTe €ePhone Number of 1 l t y � .. Zip Cod e, TAE APPLICANT WILL FILE AN ORIGINAL �T App" FOR AN ON- PREAG8F,S I ALCOHOLIC BEVERAGE LICENSE a rf ORI)El2 7O CONDUCT �yl?IdIi1t7 HE`II3ENTIFLFD ESTABLISHMENT -THE TYPE OF BUSINESS DESCRIBED BE I-nw 10- I Types) of Alcohol to be sold under the License ( -, : Extent of 11. Food Service: ('R' p aej 12. 13. Restaurant 18ale of t=oad Primarily; Full Food Menu; Kitchen run by Chel) Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarjfy - meets legal minimum food availability requirements) El Seer Only Wine and Beer Only M Liquor, Wine, and Beer Tavern - Restaurant IA mixed -use establishment that has both a sit -down dining area and a 'stand-up" bar where patrons may receive direct deliveries of alcohol) Type of Hotel ®Live Dfsk Establishment; Music ® Jockey ('7J' an . C €ub (e.g6G €o t� H® & that apply) �' FraternalOrg.l Breakfast Proposed 11 None Outdoor Area: Proposed Days and Hours 14. ' of Operation: (Complete all; circle AM or PM) Jukv Patron Dancing Cabaret, Night Club, Discotheque Capacity far &OD Box (Small Scale) 11 (Large Scale Dance Club) or more pa trons Catering Lj Facility 11 ] Rooftop Patio or Deck Stage Topless Shows Entertainment Freestanding Covered structure mendav S.. sp. dev Wednesday AM PM AM Phi AM PM TO TO TO AM PM AM PM AhI PM �� T6wa�, py - - AMQ %PM Garden / Grounds Yrldav Ph a'4 Other [� (Specify): Other (Specify): A l . + QAM( MJ T 15. 1 Will the proposed License Holder or a M sun a - AM Phi TO AM PM 16, 1 anagei w physically present within the establishment during All Hours of Operation? (`&' nn): YEs J NO Application Serial Number: � - - - - - AP 17 The Applicant's Fall Name, as it appears in the a p p ca tion {� for the On- Premises Alcoholic Beverage License, is: 1 , A (/C r i8. The Fuji Name of the proposed licensed Establishment (the Trade Name under which th t 111 proposed Licensed Establishment will conduct business) is: A t4 t9. The proposed Licensed Establishment is located within the building which has the I'ollosving street address: �iPP EF r.A a t �l 2D. City, Town, or Village: I NY Zip Code: ,P U 21. The Proposed Licensed EstablishmenI will be located on the following tloorts) of the building at the above address: 22. Within the building at the above address, the proposed - � � P posed Licensed Establish e ment will be located within the ronm(s) numbared as follows: 23. - i Business Telepho Number or the Applicant: j Does the Applicant own the building in � - 24• which the proposed Licensed If'YES - , SIOP items No. 25 -28. If "NO', ANSWER it ( Go to Item No. 24, ems Nn. 25 -28. and complete the form. NO Then continue to item rm . 29, - .. and complete the form Establishment wilt be to OWNER OF THE BUILDING IN WIIICH THE PROPOSED . ..... LICENSED ESTABLISHMENT WILL BE LOCATEI) 25. Building Owner's Full Name is: -- — Ir�P t�i�'1+tCEv r /Al C , 26. Building Owner's Street Address: - - {f !c?- 27 - City, Town, or Village: + f � HAN - _ _ [ 1 j / Zip Coder 2 $- BusinessTolophone, Number or Building Owner: �.. �..........,...,. STATE OrNFWYORK Standardized ORIGINAL A LE—LICATTONNOTICE FORM for Providing EXECUTfVE DEPARTMENT 30-Dav Advance Notire a LOc q lM nn I c I n2 Ii tv or Cnmmunitv Board OF ALCOHOLIC BEVERAGE CONTROL in c0laWalon svilh the sub 10 t h e S tale Ljqj Atabor(ii STATE LIQUOR AUTHORITY APPlicant's Original (FIrSt) On- premises Alcoholic Beverave License Aankatj" for the Establishment Identified In this Notice 131 1111, 11 Lill I IN ORDERTO INSURE THAT PAGES I AND 2 OF YOUR NOTICE -AsF PLE REENTER IMMEDIATELy B ELOW THE INFO ARE NOT SEPARATED OR NI:D, RMATIO ISP 4 B REGARDING YOUR APPLICATION SERIAL NUbi -N AND YOUR CO N URMSM ARE APPRECIATED AN TR�ADR NAME 17] 6. Application Ed r Numbe The Applicant Full Name, as it a in the applicati for the On•Premises Alcoholic The Full Beverage 1i is, Btiikyo" ~Ty Z ' Name of the Proposed licensed Establishment lithe Tradz! Nan which the propos Licensed Establishment will conduct busine u is. OLI Tag ISSUED INF- ORMATIO REGARDING APPL T ALCO PR OP BEVE L C A pN,9ED GE LICENSE MOST RBCZNTXy RTH& OSED F STABIASUMENT Has a business invol the licensed On side and/or consu 29, of alcoholic beverages If"i ANSWER Items No. 30 If "Iffy', SKIP items NO. 30-41. and complete th ever been conducted within the Yes M__ complete the 3 ent p roposed Licensed Establishment? 3 entries at Item No. 42. No at Item No. 42. s PROVIDE TUC FOLLOWING INFORMATION WITH ILL To UNDER ITIE. ALCOHOLIC BEVERA(;E LICENSE CZMNE LICEN SF D B U 8 INF 'SS PREVI TLy 16MMID FOR THE 4PPLICANT�$ PR OUSLY OPER OP63EATD ED (OR NOW BEING STABIj,9 OPERA#ELD)i LICENSED EHML 4T 30• TYPI of Alcohol sold under the most recent License (check one): Beer Only Wine and Beer Only Liquor, Wine, and Beer E Extent or ❑ Restaurant (Sale of Food Tavern-Restaurant (A mixed 31. Food Service-' -use establishment that Tavern / Cocktail Lounge / Adult Ven P Food Menu; Due) 11 has both a sit-down dining area and R'stand-up' 'ba Bar (Alcohol sales primarily -meets K itchen run by Chief) where P 0 legal attains may receive direct deliveries ofailcohol) minimum [God avalfabitity requirements) 32. Type or i Establishmcnt: Hotel Live g Disk M J L Juke n.v Patron Dancing [] Cabaret, Night Club, Discotheque Capacity for 600 L Mus ic sox Jockey L . (Small Scalial (Large Scale Dance Club) or more patrons __j - X - all Club (e.g. Calf/ Sed Fs Cat, T Inge f'fai Ofg.) Breakfast ,,i t hat apply) Ej S Topless Fj l kkl lity Shows Other Entertainment {Specify); 33. None Rooftop CT-h Patio Freestanding Garden Other Ares(sl; or Dec Covered Structure Grounds I El El Vj k El tore Cyl: Previous Ma day (Sped Days and Hours XoaadaX -Kda I 34. ol'Operatiow AM PM AM PM AL d -I (Complete all; To TO 6 --F6T AM circle AM or T_ � �t Tq & %Md M AM PM PW AM PM All PM AM PM T OPM &M To AM PAI 35. Was the former License Holder or a Manager physically present w ithin the establishment during Hours of Operation? ( , W gkj j e: YES NO DONTVNOW 36. Serial Number of the on- premises alcoholic: beverage license mast recently issued for the Applicant's proposed Licensed Establishment: 3 37. Expiration date of the on-premises alcoholic beverage license r"" issued for the Applicant's Proposed LicenwdFstabsitishcmelelntlty The most recent License Hold Full Name, as act forth on 38, the on- premises alcoholic bever license most recently issued for the Appticant's. proposed Liccnrod Establishment: The Full Name of the most recent licensed establishment (Trade Namaj K 39. as set forth on the on-premises alcoholi b everage li cense most recently issued for the Applicant's Proposed Licensed Establish ment: Is the Applicant's proposed Es B Ayo Ck 40. currently open and at. It ANSWER it t If"NO", SKIP it Na. 41, by the license bolder of the mo recen issued and complete the 3 entries Poe) , Yes alcoholic beverage license? I "X' , Yes at Item No. 42. No and complete the 3 entries I at Item No. 42. 41, Business Telephone Number of the license holder of the most recently issued license for the Applicants Proposed Licensed Establlsljaa _7 J_ to lf the OrighWAPI n is approver!, I so the Person who will -hold 'he License cirl am a Principal othe Legal Entity that will hold the Llcense. Representations in this form are in.foU conformity . y with representations made in documents that have been submitted (or documents-that will be submitted) to the State Liquor Authoft and rel(ed upon by the A uthority I understand that representation made in this form will he si u pontlytheAuthoi a d that false representations in any document submitted to the 42, Authority may result in revocation of any license that filitIy at be issued- By my signature. I g1lirm m- under Penalty o£ P' diul that the representations made in_ this Form are true Pi Niii— A-a x (7 10-1948 ..,_.e• Sumaunhccrl ORIGINAL APPLICATION NOTICE FORN'I Im- Prowthuga ,n fi: SKATE OF NEW VORK 1. 311 -Dar Advance Notice ro o Local 1lunieinality or Catmnunits° Board E. \EC137' €1'E ©EP:1ttT.titE \'C It V - 01c tStb \` OF ALCOHOLIC 6F,VGR. \CF CONTROL CONTROL , STATE LIQUOR AUTH ORITY u wda+rcau,r,ruff d,r•arrh,nr,r,urun,fu•S1rrlr f.+gvnr dullrnrrrr u(tln• Cam- if €cant's Ori€ ( Firsl) On- Prein €ses :Alcoholic tleverape License Annlicati n, For [tic lslablishment Identified in ibis Notice {Pane 1 of 21 I. f3alc the Original copy of this Notice was tvlailed to ttic Weal Municipality or Community Board: ® 2 10 —._.._._.....�..�._ ..- .____..��._._' .�. -- `-- - - - --- ------------°----- - -- --- THIS 30 -DAY ADVANCE NOTICE IS BEING &[AILED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR CO MMUNIT Y BOARD 2. -- name of the Local Municipality or Community Board- L f FrA� f �.q�{ T C 3. [� Street Address of I,orat municipally or Community Board: I !- t � \ �%JAd2 & C I -JA Lr - 4. I City, Town, or Village: I B I FFAk.0 - - - - N T I - Lip Code. 4 Zi a z -- --- - i 5. I Telephone Number of Clerk of Local Municipality or Community Board: ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S ( ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICWHON FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6. Attorney's Name is: �+ Ct 0 -� t � ,(1 e-j e � ^ I f N L..�b �'� ai � C rQi+� t - _ ` ] s°° tt' t / t R.1 7_ I Attorney's Street Address: ® 1 2.4 1 8- I City. - ]'awn, or Village. ���, � �-.-•# I "Lip Colic: %4 91 Business Telephone Number of At €orney: "� ! - - ® t Cs THE, APPLICA, \'T WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE € IN ORDER TO CONDUCT- WITIMN THE IDENTIFIED I-ISTABLISHMKNT - THE TYPE OF BUSINESS DESCRIBED BELOW Beer 10. Typets) of Alcohol to he sold under the License ( onej: j F1 Only El Wine and facer {3nly Liquor, Wine, and Beer Extent of ❑ 'n'CSta UI'ant. (Sale of Farm I ITavern - Restaurant 1A mi.tied -use establishment that •ravern / Cocktail Lounge / Adult Venue / I t Food Service: Primarily' Full Food Mt � ! has hoth a sit -down daring area and a 'stand -up" bar wr 1Alcohol sales primarily - meets legal ' ( "X - one kitchen run M• Chefl where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12 Type of ❑ )lute)ivc I ,/')ask ❑ •hike 11 Pati <,n I)xncinK ❑ Cabaret, Night Club, Discotheque ❑ Capacity far 600 lsstahlishrrlent: Plusic L rl lock v Box (Small Scale) (Large Scale Dance Club] or more patrons I j € - X - all = => F1 Ctub (e.g. Gulf/ ❑ tied & ❑ Catering F-1 Stage F-1 Topless ❑ Other That apply] I Fraternal Org) Dreakfasl Facility Shorts Entertainment (Specifyi: Proposed Pat 1 - Garden ! Other 13. Outdoor A cats): Nmte El El El c =r ock 11 Covered Structure 11 Grounds ❑ (Specifvl- 14. Will the proposed License Holder or a Manager be.. physically present Within the establishment during All Hours of Operalio0 I "X one) I [ f V YFS [ ❑ NO 15. I i 16. t 17. J I 18. ] 1 19. 20. E 21. 22. k 23. 24, 25. 26. 27. 28, 29. 30. Application Serial Number: I pew j r The Ao_olieant's ]gull Name, as it Will appear in the application � Ol � for the On- Treatises Alcoholic Beverage license, is: V e I go 4 tz G The Full Name of the Applicant's proposed hcensed t,stablishrnent (the Trade N ame u A r \ nder which the Licensed E Establishment will conduct business) is: The Applicant's proposed Licensed 8'stxttfisftment is located within the building which has the following street Address. City, Town, or Village: 6'A Y I 'Lip Code: The proposed Licensed Establishment will be located on the following [loons) of the building at the above address: I t I's—, ( --Lw Within the building at the ahovc address, the proposcd Liccnsed Establishment will he located within the roomis# numbered as follows: Business Telephone Number of the Applicant: - - Business Number of the Apphcanl- Business F -Mail Address of the Apphcani: IF YOU KNOW - Was their ever an alcoholic beverage license in effect for the space where rte♦ you intend to operate )•our licensed es €ablishment? YCS ❑ NO lam! I I30t7'C KCtC3W ❑ OWNER OrTHE BUILDING IN WHICI I THE PROPOSED LICENSED ESTABLISHMENT W111L BE LOCATED Does the Applicant own the huildinK in II "YES °. Shll' items No. 27, 28S, 29, t4. 30 if 'NO', AN15W R items No. 27, 28, 29, &. 30. Which the proposed Licensed too directly to [tern No_ 31, Then continue to Item No. 31, Establishment will be localed? I - X' vne YP.S ❑ and complete the form. __. d and complete the loan. liuildingOwner's Full Name is: Building Owner's Street Address: Cily, "town, or Villager I � Zip Code- Business Telephone Number of Building Owner: - _ _Ff� - --------------------- IN ORDER TO MAKE SURE THAT PAGES 1 AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATION REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME. YOUR COURTESIES ARE APPRECIATED Is Application Serial Number: 16 The AaDlicant's Full Name, as it will appear in the application for the On- Premises Alcoholic Beverage License, is: � I v rz S I A q� 17. The Full Name of the Applicant's proposed licensed Establishment fthe Trade Name y under which the proposed Licensed Establishment will conduct business€ is: (g� �,�� ebcv -1 - I.,'a•. emi✓ , Rr , F. e., e,.r,...- ,, /,,. .r: e.„., w.. . .lr, ial,o.l „.- ....„ ,.,e' .,:a.as. r,,, ,x,,,ert ., .,,,.,,. -,� , ,, ,... .,,.. , +,,,rr . , ..,. -. ( INFORMATION REGARDING ANY BUSINESS LICENSER TO SELL ALCOHOLIC BEVERAGES THAT IS CURRENTLY B EING OPERATED IN THE SPACE [ WHERE THE APPLICANT INTENDS TO OPERATE H[S /FIER /ITS PROPOSED LICENSED ESTABLISHMENT 31. IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in the spare where you intend to operate your licensed establishment? Yes ❑ No I Don't Know ❑ !! Are you buying any assetlsl owned by the operator of the licensed business currently being conducted 32. in the space where you intend to operate your licensed establishment? Yes ❑O (Far example: good wilt, equipment, furniture, cookware, dishware, etc.} IE IF O YOU ANSWERED TO "TO ITEMS 31 and 32, PLEASE I P OVIDE'd,r 4. NF RMATI TO ITEMS D BY ITEMS NO. 33 4 . ... and 39. ffE INFORMATION RCQUES'I`E and 34. Ili IF A BUSINESS L]CENSED'f0 SELL ALCO €COLIC BEVL" "RAGES I5 fd0 CURRENTLY REIN YEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /I "fS PROPOSED LICENSED ESI`ABLISHMPNT, PLEASE PROVIDE INFORMATION REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES TRAT WAS MOST RECENTLY OPERATED IN T14E SPACE 33. IF YOU KNOW - I WRS a business that was licensed to sell alcoholic beverages previously conducted n the Space where you intend to operate your licensed estabiishmern? Yes ❑ 34 35. 36. 37 Are you buying any assetts) owned by the operator of the licensed business that was most recently conducted in the space where you intend to operate your' licensed establishment? Yes ❑ (For example: good will, equipment, furniture, cookware, dishware, etc.) No ❑ I Don't Know L NO ❑ IF YOU ANSI', ERED "YES" TO ITEM NO. 31 or 32 or 33 or 34 .. JJ� r THEN PLEASE AN54VF'R ITEM S NO. 35 and 36 and 37 and 38 and 39. INFORMATION ABOUT THE OPERATOR OF THE LICENSED BUSINESS CURRENTLY BEING CONDUCTED [OR MOST RECENTLY CONDUCTED( IN THE SPACE: WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS LICENSED ESTABI.ISHMF.'NT, PLEASE PROVII]E THE FOLLOWING INFORMATION; IF YOU KNOW - The Full Name of the Operator of the licensed business now being conducted (or that was mast recently conducted) I Don't Know ❑ in the space where you intend to operate your licensed establishment: IF YOU KNOW - The Foil Name of the licensed Establishment Ithc Trade Namel now being operated (or that was most recently operated) I Don't Know ❑ in the space where you intend to operate your licensed establishment: IF YOU KNOW - The alcoholic beverage license serial number of the husiness now being conducted (or that was most recen€ v conducted) I Don't Know ❑ in the space where you intend to operate your licensed establishment: If YOU KNOW - The Type of Alcoholic Beverage license held by _ 39. 1 Don't Know ❑ the current [or most McColl licensed operator: IF YOU KNOW - Telephone Number of the current licensed operator 34. I Don't Know ❑ or the most recent licensed operator: If the Original Application is approved, I ano 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 ill fudl 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 Penalty of Perjury - that the representations made in this form are true. Printed Xame TItEe Sfgrzatusa ddd `""' 11 66fi 11 ��11 wndrfrrlezed ORIGINAL APPLICATION NOTICE -FORM for Pro Baling u STATE OF NEW YORK 30-Dav Advance Notice tore Local Municipality or Community Board I EXECUTIVE DEPARTMENT ire cnnneclurn €relh llrr .ia€hnn�srrrn to ehe Skrrc lfymrr duth flYnrnfrlu• i1 - � - ,..., DIVISION OF ALCOIIOIAC BEVERAGE CONTROL Anolteatlt`s Oripinal fFirstl On- Premises Alcoholic Beverne License A Rft t clllt¢rl STATE LIQUOR AUTHORITI' for the fs'stablisltment Identified in this :lance lPaoa 2 of 21 IN ORDER TO MAKE SURE THAT PAGES 1 AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATION REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAME. YOUR COURTESIES ARE APPRECIATED Is Application Serial Number: 16 The AaDlicant's Full Name, as it will appear in the application for the On- Premises Alcoholic Beverage License, is: � I v rz S I A q� 17. The Full Name of the Applicant's proposed licensed Establishment fthe Trade Name y under which the proposed Licensed Establishment will conduct business€ is: (g� �,�� ebcv -1 - I.,'a•. emi✓ , Rr , F. e., e,.r,...- ,, /,,. .r: e.„., w.. . .lr, ial,o.l „.- ....„ ,.,e' .,:a.as. r,,, ,x,,,ert ., .,,,.,,. -,� , ,, ,... .,,.. , +,,,rr . , ..,. -. ( INFORMATION REGARDING ANY BUSINESS LICENSER TO SELL ALCOHOLIC BEVERAGES THAT IS CURRENTLY B EING OPERATED IN THE SPACE [ WHERE THE APPLICANT INTENDS TO OPERATE H[S /FIER /ITS PROPOSED LICENSED ESTABLISHMENT 31. IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in the spare where you intend to operate your licensed establishment? Yes ❑ No I Don't Know ❑ !! Are you buying any assetlsl owned by the operator of the licensed business currently being conducted 32. in the space where you intend to operate your licensed establishment? Yes ❑O (Far example: good wilt, equipment, furniture, cookware, dishware, etc.} IE IF O YOU ANSWERED TO "TO ITEMS 31 and 32, PLEASE I P OVIDE'd,r 4. NF RMATI TO ITEMS D BY ITEMS NO. 33 4 . ... and 39. ffE INFORMATION RCQUES'I`E and 34. Ili IF A BUSINESS L]CENSED'f0 SELL ALCO €COLIC BEVL" "RAGES I5 fd0 CURRENTLY REIN YEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /I "fS PROPOSED LICENSED ESI`ABLISHMPNT, PLEASE PROVIDE INFORMATION REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES TRAT WAS MOST RECENTLY OPERATED IN T14E SPACE 33. IF YOU KNOW - I WRS a business that was licensed to sell alcoholic beverages previously conducted n the Space where you intend to operate your licensed estabiishmern? Yes ❑ 34 35. 36. 37 Are you buying any assetts) owned by the operator of the licensed business that was most recently conducted in the space where you intend to operate your' licensed establishment? Yes ❑ (For example: good will, equipment, furniture, cookware, dishware, etc.) No ❑ I Don't Know L NO ❑ IF YOU ANSI', ERED "YES" TO ITEM NO. 31 or 32 or 33 or 34 .. JJ� r THEN PLEASE AN54VF'R ITEM S NO. 35 and 36 and 37 and 38 and 39. INFORMATION ABOUT THE OPERATOR OF THE LICENSED BUSINESS CURRENTLY BEING CONDUCTED [OR MOST RECENTLY CONDUCTED( IN THE SPACE: WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS LICENSED ESTABI.ISHMF.'NT, PLEASE PROVII]E THE FOLLOWING INFORMATION; IF YOU KNOW - The Full Name of the Operator of the licensed business now being conducted (or that was mast recently conducted) I Don't Know ❑ in the space where you intend to operate your licensed establishment: IF YOU KNOW - The Foil Name of the licensed Establishment Ithc Trade Namel now being operated (or that was most recently operated) I Don't Know ❑ in the space where you intend to operate your licensed establishment: IF YOU KNOW - The alcoholic beverage license serial number of the husiness now being conducted (or that was most recen€ v conducted) I Don't Know ❑ in the space where you intend to operate your licensed establishment: If YOU KNOW - The Type of Alcoholic Beverage license held by _ 39. 1 Don't Know ❑ the current [or most McColl licensed operator: IF YOU KNOW - Telephone Number of the current licensed operator 34. I Don't Know ❑ or the most recent licensed operator: If the Original Application is approved, I ano 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 ill fudl 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 Penalty of Perjury - that the representations made in this form are true. Printed Xame TItEe Sfgrzatusa ddd `""' 11 66fi 11 ��11 A - ,t; STATE OFNEW YORK - E7tiFi1,'UTIVEDEPART&M Dr VISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY SYaizdar &zed ORIGINAL APPLICATION N(YTIat FORM forProvia''ng a 30-Dav Advance Notice to a IA" M!"Acinatlty or Community B€tard_ 1 m cnxnection with the submission to rho State l iquo Autirorgy oJilie APolleant's inai i"t) On- Premises Alcoholic Beverage License Application for the Fstablishmentldentified in this Notice ft?aae l of 2) .. - IJate the Original copy 0f this o . . . .. ... _. alit . . u No . . . .. was Mailed to the I.aeal Ivfumctpa . lity or Community I30and, �� O ...... � � 1 ' .... ............. . �. 3 IM ... .... THIS 34 -DRY ADVANCE NOTICE IS BEING MAILED TO THE CLERIC OFTHE COMMUNITY BOARD ......,..._ ......... _. FOLLOWING LOCAL MUNICIPALITY Q OM ... .... ........_.,._._ .. _. 2. Name of the Local Municipality or Community Board: I O L � LCl 17 3. Street Address of meal Municipality or Community Board: 4. City, Town, or Village: i3 f N Zip Code: 5. Telephone Number of Clerk of Loud Municipality or Community Board: - ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANTS ORIGINAL (FIRST] ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6 .. Attorney's hill Name is: - ✓•�'�`i - - - - - - - - d� 1 tu 7. I Attorney's Sirsxk Rddrrss: V - S. # City, 3rnan, or Village: �2/ f ° �� �G 7ap codc: 9 Business Telephone Number of Attorney: THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT- WITHIN THE IDENTl15ED ESTABLISHMENT --THE TYPE OF BUSINESS DESCRIBED BELOW 10, I T s) of ATmha) to be sold under the License' o e : ! 1 Beer Wine and Beer Only Liquor, Wine, and Bear w M Extent of Restaurant (Sale of Food Tavern- Restaurant (A mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue / - 11. Food Service: Primarily; hull Food Menu, bas bout a sit -dawn dining area and a `stand -up" bar Bar (Alcohol sales primarily- meets legal ('SL'• one Natchen run by Chef) where patrons may receive direct deliveries of alcohol) minimum fwd availability requirements) Type of Hotel Live Disk Juke ® Patron Dancing Cabaret, Night Club, discotheque Capacity for 600 12. Establishment Music ' j J Jockey Box Small scale) 11 (Large St,•ale Dance Club) or more patrons r , X' all Club (eal. Galt/ ® Bed F-1 Cat Stagy 11 'Topless Outer that. apply) Fraternal Org.) Breakk fast Faaillty Shows ttV [ Entertainment (Specify): 1 ! None Rooftop Patio ® Freestanding Mod 1 Garden / Other 13. Proposed Outdoor Arenra): it —lT or Deck Coven d Structnrr j� Grounds (Spe iryi: 14. Will the proposed license Holder or a Manager be physically present within the establishment during All Hours of Operation? (`}L" ne : YES NO - 15. Application Serial Number: - /� •5� LLB 1�J 16 The Avolicant's Full Name, es it will appear in the application � for the On- Premises Alcoholic Beverage license, is: • � The Full Nance of the A lieanCs proposed licensed Establishment (the Trade Name ' 17 ' tinder which the proposed Licensed Establishment will conduct business) is: E ' The Applicant's proposed Licensed Establishment is located ss 18, within the building which has the following Street Addxoss. 19. 1 City, Town, or Village: isf I. NY 'Lip Ogle: 20. ' ie propose d Lieeasvdi Establishment will be lo(xuwd on tite followitg ffoor(al of the building at the above address: 21. - - Within the building at the above address, the proposed Licensed Establishment will be. located within the rooms) numbered as tolEows: 22, I Business Telephone Number of the Applicant: r t a._ - - 1 9 - q r 0 23. Business Fax Number of the Applicant tIII F 24. Business E -Mail Address of the Applicant: IF YOU KNOW - Was these; ever an alcoholic lx vi-t'u alcoholic gc liecnae in effect for the space wltcrc 25. .._ ... ..... .... . you intend to operate your licensed establishment? ® N t? Yes o ' noty OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED 2fi. „ Applicant o will be the proposed t Li I3i a .. ..,,. Yes �, TF "YGSG � e ftorm.l '...._ . , NQ The p ...,...... . .. . i7exs the own own u. .,...... •. , AH . 2 , us No. 27, 28, 24, & 30. o "'{ fete the form ........Establishment tl ( Je p continue , Establishment N em o 27. Buildrn z Owners lull Name is �} 28. Building Owner's Street Address: j �L 7 10 A f' 29. City, Town, or Village: 7 ' P-1 e, ('x' 6' 'Lip Code; Busiueng7elephrs:.e Number of Building Owner: � _.... �� � .. 7 .....v u ....- - . .... .......... ....._.. z'si: .ot Imr standardized ORIGINAL APPLICATION NOTICE FORM jorprovaiiga STATE EST NEW Y€ RK , . 4 30-flav Advance Motive to a Local Mumeinality or Commurdty hoard EXECUTIVE DEPARTMENT t DIVISION OF ALCOHOLIC BEVERAGE CONTROL �� �'tlore with thesu3mixctosl ion Stnlc f.lgvordatknrtty afThe a Annlicant's O3ri fl [?n- Premises Alcohotte Beverage lAvertse Application STATE LIQiIORAUTI3f?RITY for the Eatahl }shment Identified In this Notice L egge 2 o € 2 ;,, y,;.,....:.. -- !!,1 %:. IN ORDER TO MAKE SURE THAT RAGES 1 AND 20P YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE - ENTER Ili WD)ATELYBELOW THE INFORMATION REGARDING YOUR APPIICATIdN SERIAL NUMBER, NAME,, AND TRADE NAME. YOUR COURTESIES ARE APPRECIATED I51 � .... A plicntion Serial Numbe .. .. ... .... .... .. ............. ... .. .. ... ......... ._ ..,... .- ........ . .....,, ...,........ - .. _ .. _ ._ ... p r : ' The Applicant's Full Name, as it will appear in the application i 16. for the On- Premises Alcoholic $average License, is: t° Y• 17 The Full Name of the Applicant's proposed licensed Establishment (the Trade Name j / y;� under which the proposed Licensed Establishment will conduct business) is: t G 7 swe rr. .,. ,,..i %�, ,., ..,,, ,. �' ,. ': '.'n .,1 i INFORMATION REGARDING ANY BUSINEESS LICENSED TO SELL ALCOHOLIC SEVERAGIM THAT IS CURRENTLY BPII(G OPER&M IN 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 sell alcoholic beverages currently being conducted in thr_ iparc whom you intend to operatc your ficrnsed establishment? Yea El No 0 i Don't Know ❑ Ate you buying any asset(s) owned by the operator of the licensed business currently being conducted 32. in the space whore you intend to operate your licensed establishment? Yes No ❑ (For example: good will, equipment, furniture, cookware, dishware, etc.) IF YOU AN8WERED TO ITEM 31 or 32, SKIP 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. „,. a.... o.. "W.s 0%l ,..,. 1:.,,. 1:".. n. .l d.., ;X •nd, IF A BUSINESS LICENSED TO SELL ALCOHOLIC BEVERAGES Is NOT CURRENTLY BEING OPERATED IN THE SPACE WHERE THE APPLICANT [WENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT, PLEASE PROVIDE INFORMATIO14 RIMARDING ANY RUS"MSS LICENSED TO BELL ALCOHOLIC BEVERA S THAT WAS MOST RECENTLY OPERATED IN THE SPACE IF YOU KNOW - Was a business that was d to sell. aicaholic beverages previously conducted where y ou intend to ....._... p y .. � 1 nducted to the sp ace [aco Y your licensed eatabliahmen _ Yea _ No ❑- I I.7on't I new ❑ Are you buying any asset(s) owned by the operator of the licensed business that was most recently conducted 3 4. in the space whore you intend to operate your licensed catablisltotent? Yes - NO ❑ (For example: goodwill, equipment, furniture, cookware, dishware, etc.) - IF YOU ANSWERED 'YES" 'M ITEM NO. 31 or 32 or 33 or 34, THEN PLEASE ANSWER I'T'EMS NO. 35 and 36 and 37 and 38 and 39. ]INFORMATION ABOUT THE OPERATOR OF THE LICENSED BI)SIN CURRENTLY REMO CONDUCTED (OR MOST RECENTLY CONDUCTED) IN THE SPACE [ WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS LICENSED ESTABLISHMENT. PLOAM PROVIDR TFIE FOLLOWMG INFORMATION. IF YOU 35. T U KNOW now being conducted (or a p ost recently e licensed business t was m conducted( ��{��� ¢+ I Don't Know El in the s where you intend crate your licensed establislrmeata IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) 36. now being opcmtcd (or that was most recently operated) } Don't Know 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 (or that was most recently conducted) l Don't Know ❑ in the space where you intend to operate your licensed establishment. t IF YOU KNOW - The Type of Alcoholic Beverage License held by 38. the current (or most recent) liimnsed operator: ' I Don't Know ❑ -III ., ... .. .... .. IF YOU KNOW - Telophone Number of the current licensed operator J 89. or ilea most recent licensed operator: — I I I3DII't KIIt)W El If the Original Application is approved, lam the Person who wilt hold the Lim use or tam a Principal of the Legal Entity that will hold the Licensc. Representations in this form ate its full conlorruity with representations made in documents that have been submitted 40 • (or documettts that will be submitted) to the State Liquor Authority, and relied upon by this Authority. I understand that representations made in this form will he also relied upon by the Authority, and that false representations in any document submitted to the Authority may result in revocation of arty license that may be issued. By my signature, I affirm - under Penalty of Peijury - that the representations made in this forte are true. PY ud Nm. - -__ - - Titk tVG a d t STATE? OF NEW YORK EXECUTIVE DEPARTMENT " DIVISiONOF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY standordized ORIGINAL. APPLICATION NOUCE FORM forPraviding a F 30 -Day Advance Notice to a Local Municitiality or Community Board (' ) fn ronnertion €rich the submission to the Sate LiquorAthorhy of the Aoolicant's Orleinal fl+Yrstl On- Premises Alcoholic Beverage License Anolication for the Establishment Identified in this Notice (Page f of 21 1. Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: _... _. THIS 30 -DAY ADVANCE NOTICE IS BEING MAILED -- - 1 TO THE CLERK OF THE FOLLOWING LOCA MUNICIPALITY OR COMMUNITY BOARD 2. Name of the Local Municipality or Community Hoard: { , ice / i 3. Street Address of Local Municipality or Community Board: ( l ! ry t �[.a I..2.F ©ff 4. City, Town, or Village: Zip Code: S. Telephone Number of Clerk of Local Municipality or Community Board: I a I _ ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S tj ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6, Attorney's Full Name is: / � 7. Attorney's Street Address: _ ' 13. City, Town, or Village: t- Zip Code; 9_ Business Telephone Number of Attorney: o THE APPLICANT WILL FILE AN ORIGINAL AL APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICENSE IN ORDER TO CONDUCT - WITHIN THE IDENTIFIED ESTABLISHMENT - THE TYPE OF BUSINESS DESCRIBED BELOW 10. � T pets of Alcohol to be sold under the License X' one Beer and Beer Only €quor, W Ty pets) („ Only Inn, and Beer 11 Only (II���III Extent of Restaurant (Sale of Food Tavern - Restaurant (A mixed -use establishment that Tavern / Cocktail Lounge / Adult Venue / I L Food Service: Primarily; Full Fond Menu; has both a sit - down dining area and a "stand - up ° bar Bar (Alcohol sales primarily - meets legal ( KX' ong) Kitchen run by Chen where patrons may receive direct deliveries of alcohol) minimum food gtvailability requirements) s 12. Type of I I Hotel ve Disk .lake Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 Establishment: t -1 [ALI USI. r� ,ter --�, Jockey Box (Small Scale) it arge Scale Dance Club) or more patrons - all Club (e.g. Golf / Bed & Catering Stage Topless Other that apply) ❑ Fraternal Org.) Breakfast � Facility ❑ Shows " Entertainment (Specify): If Proposed Patto Freestanding Garden / Other 13. I Outdoor Area(s): None ®RaoRap o Deck Covered Structure Grounds (Specify): 14. Will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? { °X" o to : I YES NO 15. Application Serial Number: f The Anolieant's Full Name, as it will appear in the application 16. f for the On- Premises Alcoholic Beverage License, is: 1111 The Full Name of the Applicant's proposed licensed Establishment (the Trade Name _ IT under which the proposed Licensed Establishment will conduct business) is: The Applicant's proposed Licensed Establishment is located 18. within the building which has the following Street Address; ( `� -° �✓ / ! ! co t f �f 19. City, Town, ol VlllagC: 1 ���/� ot- (9 I NY Zip Code: / 20. The proposed Licensed Establishment will tie located on the following floor(s) or the building at the above oddresw ( /S I yr° 17 1--IA 21. Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follows: 22. Business Telephone Number or the Applicant: ( tt9 r 21 Business Fax Number of the Applicant: - 24. Business E -Mail Address or the Applicant: 2.5 IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where t you intend to operate your licensed establishment? YeS No El I Don't Knout OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED ESTABLISHMENT WILL BE LOCATED Does the A pp licant own o the building in ❑ if "YES ', S p s . 27, 28, 29, & 30 No ` it `N .. -._ _... _........._ e _ ................._..._.,.. -., .._ _„ ..... �� item No O °, ANSWER items No. 27, 26, 29, & 30. p 26. which the proposed Licensed Go directs to Item No. 31, Then continue to Item No. 31, Establishment will be located? X' Yes and complete the form. and complete the form, 27. Building Owner's Full Name is: 28, Building Owner's Street Address: 6'77 &L4- l c,e!3 a- 29. City, Town, or Village: Zip Code: Yom` 30, Business Telephone Number of Building Owner: - - 13- 1t.20A P.1 02) to SPATE OF NEW YORK EXECUTIVE DEPAIRTNIENT DIVISION OF ALCOHOLIC BEVERAGE CV NTROL u N STATE LIQUOR AUTHORITY smndanitzed P IGI N AL APPLICA'I' N NO'T'ICE FORM for Providing a 30 - Dav Advance Notice to u Local Municinallty or Community Board in coturecilon with ire submission to the State LiguorAnrhorfty ofrhe Apmlicant's €)ri al (First) On- Premises Alcoholic Beverage License Application for the F.stllbllshment Identified in this Notice Eaae 2 of 21 .h �,Il.iNr6, IN ORDER TO MAKE SURE THAT PACES I AND 2 OF YOUR NOTICE ARE NOT SEPARATED OR MISPLACED, PLEASE RE -ENTER IMMEDIATELY BELOW THE INFORMATION REGARDING YOUR APPLICATION SERIAL NUMBER, NAME, AND TRADE NAM. YOUR COURTESIES ARE APPRECIATED 15. Application Serial Number: { The Aoniicant's Full Name, as it will appear in the application q 16. for the On- Premises Alcoholic Beverage License, is: " �LO I t ool 4 f L hro usedLic 17 The Pull Name of the Applicant's proposed licensed Establishment (the Trade Name yry p Licensed Establishment will conduct business) is; I(j, ist-i LF) �I`- Li�3l�i` -i nndcrwhichUte p �� i W _ .. _ _.. INFORMATION REGARDING ANY BUSINESS LICENSED TO BELL ALCOHOLIC BEVERAGES THAT IS CURRENTLY BEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT 31, T lF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted Yes ❑ No I Don't l( stow ❑ in the space where you intend to operate your licensed establishment? Are you buying any asset(s) owned by the operator of the licensed business currently being conducted 31 in the space where you intend to operate your licensed establishment? Yes ❑ NOV (For example: good will, equipment, furniture, cookevarc, dishware, etc.) IF YOU ANSWERED "YE§" TO ITEM 31 or 32, SKIP ITEMS NO. 33 and 34. GO DIRECTLY TO ITEMS NO, 35, 36, 37, 38, 3B, and 39. O" IF YOU ANSWERER "N 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 N CURRENTLY BEING OPERATED IN THE SPACE WHERE THE APPLICANT INTENDS TO OPERATE HfS /HER /ITS PROPOSED LICENSED ESCABLISHMFNT, PLEASE PROVIDE INIrOR ATION REGARDING ANY BUSINESS LICENSED TO SELL 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 i0 ❑ I Don't know ❑ Are you buying any assetts) 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? Yes ❑ NO {For example: good will, equipment, furniture, cookware, dishware, etc.) ,A ! I .. . ,.;.,,.,, .. . 1 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 38 and 39. I14I?O WHERE T ABO THE T INTENDS T OPERATE HI HER ENSED CO ESTABLIISHMENT. PLEASE PROVIDR THE FOLLOWING INF CONDUCTED (OK )£IOBT t�CEFITLY CONDUCTED) INTHE SPACE WHERE THE APPLICANT iNT / / RSIATiOI1: ._ - IF YOU KNOW - The Full Namc of the Operator of the licensed business 35. now being conducted for that was most recently conducted) I Don't Knots ❑ in the space where you intend to operate your licensed establishment: / �Y'f���✓ I IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) 36. I now being operated (or that was most recently opu'etedl � °°' I Don't Know in the space where you intend to operate your licensed establishment: IF YOU KNOW - The alcoholic beverage license serial number of the business 0 37. now being conducted (or that was most recently conducted) f y I Don't Know ❑ In the space tehcre you Intend to operate your licensed establishment: i 39' ( IF YOU KNOW - The Type of Alcoholic Beverage License held by the current (or most recent) licensed operator: ( � ( 1 Don't Know 39. P I Don't Know A l o - or the most recent licensed operator- 1F YOU KNOW - Telephone Number of the current licensed — 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 Licensa. 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 sentations in any document submitted to the Authority may result in revocation of any license th t may be i sue By my signature, I affirm —under Penalty of Pedury —that the �FAm de in is fo are true. Aimed Nama Tide U (v, EC f; . _ 12 -IS-2G .p.2 (M No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- : X Comptroller- Michelle Mesi , Ann O Common Council- Assessment and Taxation - Public Works, Streets & Parks- Police- Fire- Corporation Counsel - Community Services - Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - Haman Resources- Civil Service Commission- RECEIVED AND FILED. March 15, 2010 CITY OF BUFFALO DEPARTMFNTOF AUDIT AND CONTROL ANDREW A. SANFILIPPO COMPTROLLER DIVISION OF AUDIT 1230 CITY HALL BUFFALO} NEW YORK 14202 DARRYL McPHERSON CITY AUDITOR February 22, 2010 Ann O'Donnell 18 Meadow View Place Buffalo, New York 14214 Dear Ms. O'Donnell: I am in receipt of your request for a temporary leave of absence dated February 19, 2010, from your position as an Assistant Auditor in the Department of Audit & Control. In accordance with the AFSCME Local 650 contract, Article X1, Section 113,1 am granting you a temporary leave of absence commencing on February 22, 2010 to run for the duration of the medical leave of permanent Senior Auditor Nataliya Zingorenko. This will run concurrently with your temporary appointment to that same Senior Auditor position. Sincerely ZSa.' ours Andrew pp Co mptroller cc: Darryl McPhers ©n, Esq. Local 650 rr i i nk ` DFPARTMFNT OF AUDIT AND CONTROL COMPTROLLER'S OFFICE 1225 CITY HALL BUFFALO, NEW YORK 14202 ANDREW A. SANFILIPPO c°oUPTROLLER March 1", 2010 City of Buffalo Payroll Division 1230 City Hall Buffalo, NY 14202 To Whore It May Concern: DARBY R. FISHKIN, CPA DEPUT}' COMPTROLLER Please be advised that I am granting a medical Ieave of absence for Michelle Mesi, Special Assistant to the Comptroller. The leave of absence will be effective March 29` and ends on September I O Please note this in your records. Re ds, Andrew A. SanFilippo c: Monica Emminger, Department of Human Resources Gerald Chwalinski, Buffalo City Clerk 00033 =. Reports of Attendance I transmit herewith communications received by me, from the various boards., commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. March 16, 2010 - P i- t #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE March 3, 2010 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT: BOARD ATTENDANCE c: c: 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 March 3, 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 Eleanor C. Wilson- DiVincenzo, Secretary DEPAR`T'MENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER ' r 1 / SIGNATURE OF DEPARTMENT HEAD: t 1 6 5 f � (m 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, ADOPTED. March 15, 2010 #4 (Rev 7-07) 9 - � � f t Certificate f t F In comphance 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 appointutent(s) or prontotion(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 Common Council Division of City Cleric to the Position of Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEAS -ONAL 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 NAME Roxanne Chase LAST DEPARTMENT DATE ADDRESS 57 Fillmore Sve LAST SALARY CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -0836 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 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROD. 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: Ma Ch 3,2010 _ SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL t 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) 44 (Rev 7 -07) Certificate t `6 " 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). l 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: 03/0112010 in the Department of COMMON COUNCIL. Division of DELAWARE DISTRICT to the Position of INTERN IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) CRSOAt�l �- Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 1.57 LAST JOB TITLE NAME SHERRI BAGAROZZO LAST DEPARTMENT DATE ADDRESS 141 CRESTWOOD AVE LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX - 7346 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 10220001 - 412002 TITLE CODE NO 1776 BUDGET ACCT. OBJ. PROJ, ID PERSONNEL RECD. NO 5040 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GERALD CH ALINSKI TITLE OF APPOINTING, AUTHORITY: CITY CLERK DATE: MARCH 0, 2010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #B• DEPARTMENT #7-DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate of Appointmentat 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 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 /001 Service for the Appointment Effective: 03108/2010 in the Department of COMMON COUNCIL Division of NORTH DISTRICT to the Position. of INTERN V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) PLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE NAME RUSSELL J ZDARSKY LAST DEPARTMENT DATE ADDRESS 82 NORTH PARK AVE LAST SALARY CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -8680 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 10220001 TITLE CODE NO 1776 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REa. NO 5042 SALARY RANGE OF POSITION 10.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GERALD CHWALINSKI TITLE OF APPOINTING. AUTHORITY: CITY CLERK DATE: MA 9, 2010 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #B- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 000/-"0 No. Notices of Appointments _ Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. March 16, 2010 #3 Rev 1 -02 Certificate f Appointment er In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: { r in the Department of Public Works Division of Engineering to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT ,(Enter Starting Salary) : Starting Salary of: $11.67 hr. LAST JOB TITLE NAME Raymond) Williams LAST DEPARTMENT DATE ADDRESS 60 Proctor Avenue LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -3334 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 13191001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2009036 SALARY RANGE OF POSITION $11.67 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak' TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 21 10 SIGNATURE OF APPOINTING AUTHORITY:,_.' °_ ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) 0_: No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments trade at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. r i� March 16, 2010 #3 ( ^ev 1 -02) Cert ifica te i "i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffato, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: March 8, 2010 to the Department of Economic D Permit and Inspect Services Division of Multipl D to the position of Building Inspector Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (Insert one) MINIMUM (Enter Staging Salary) : Starting Salary of $31,393. LAST JOB TITLE NAME Jack L. Kulfianek LAST DEPARTMENT DATE ADDRESS 104 Grove Street LAST SALARY CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -6883 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 16550001 TITLE CODE NO 3140 BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2009-45 SALARY RANGE OF POSITION $31,393 a $52,321 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Acting Commissioner DATE: February 26, 2010 SIGNATURE OF APPOINTING AUTHORITY: _�� awl-e- P_� ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT BATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BU�EET W DEPARTMENT #9-DIVISION #10- EMPLOYEE(Sl #3 (Rev 1 -02) 6 Certificate int nt In connpliance 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 promotions). I further certify that (lie person(s) (tamed in Schedule "A" have been certified or approved by the Human ResourceslCivil Service for the Appointment Effective: in the Department of 03/03/2010 Public Works, Parks & Streets Division of Buildings to the position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT (Enter Starting Salary) : Starting Salary of.. $15.00 LAST JOB TITLE Sr 1 St CI Stationary Engineer NAME Kevin G. McCarthy LAST DEPARTMENT Buildings DATE 05127/09 ADDRESS 917 Abbott Road LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -4859 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 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2009 -26 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak c. i TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 0205A4Q 10 SIGNATURE OF APPOINTING AUTHORITY:,('' k p ORIGINAL + 3 COPIES TO: CITY CLERK (OIVfREFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE($) #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. t transmit this certification of appointme or promotion(s). t further certify that the person(s) named in Schedule "A" have been certified or approved by the Hu man Resources /Civil Service for the Appointment Effective: 0210612010 in the Depatiment of FIRE Division of FIRE to the Position of Sensor Emergency Services Fire Dispatcher 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 Startinv, Salarv) : Stailing Salary of $ 4 - 1 .122 LAST JOB TITLE EMERGENCY SERVICES FIRE DISPATCHER LAST DEPARTMENT FIRE DATE LAST SALARY $37,239 LAST 4 DIGITS OF SSN. XXX -XX -7495 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- NAME ALISON WILSON ADDRESS 328 DEWEY AVE CITY & ZIP BUFFALO, NEW YORK 14214 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12135001 TITLE CODE NO 2309 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2009 -107 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNEL.L, W. WHITFIEL.D, JR TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 2 f 0 SIGNATURE OF APPOINTING AUTHORITY: :7 •�,� 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) 43 (Rev 1-02) ZIP Certificatec In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the human Resources/Civil Service for the Appointment Effective: ; in the Department of Public 'Works Division of to the Position of F Street Worker Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $21,573 LAST JOB TITLE Laborer 11 Seasonal NAME LAST DEPARTMENT DPW DATE 1110 ADDRESS LAST SALARY $11.57 hr. CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -1775 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP Kurt Heffle 173 Columbus Ave. Dower Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX XX- REFERRED TO THE COMMITTEE ON CIVIL, SERVICE BUDGET ORG. CODE 52042601 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION $21,573 - $36,955 PER YEAR DAY HOUR REASON FOR APPT. ABOVE THE MINIMUM: 5010 2009 -083 YEAR NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING= AUTHORITY: Commissioner DATE: Y-110 - SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3COPIES TO. CITY CL I tlt 10 NIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #S- COMPTROLLER_ t6- HUMAN SERVICESICIVIL SERVICE #7- BU ®GET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) f #3 (Rev 1 -02) Certificate of Appointment 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 promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resource - Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert One) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM fEnter Starting Salary) : Starting Salary of $21,527 LAST JOB TITLE Laborer It Seasonal NAME Vullnnlal Blair LAST DEPARTMENT DPW DATE 2110 ADDRESS 293 Florida St. LAST SALARY $11.67 hr. CITY & ZIP Buffalo, NY 14208 LAST 4 DINTS OF SSN. XXX -XX -6702 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 19030001 TITLE CODE NO 9622' BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -117 SALARY RANGE OF POSITION $21,527- $32,779 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: • .. t . NAME OF APPOINTING AUTHORITY: 5tevon J. Stepnia TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY: 11-1,312-- ORIGINAL + 3 COPIES TO: CffY CLERIC (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER 96- HUMAN_ SERVICES /CIVIL SERVICE, #7- BUDGET W DEPARTMENT 0-DIVISION #10 EMPLOYEE(S) REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: ;I125JI0 SIGNATURE OF APPOINTING AUTHORITY: � _ ; ; ` ''- \; \ _ ORIGINAL + 3COPIES TO: CIT`Y`CLERK (t gig EFORE APP OINTMENT DATE) OTHER COPIES TO: 05- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- SUDGET" #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) 93 (Rev 1 -02) Certificate t 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 promalion(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 Appointme Effective. I in the Department of Public Works Division of Buildings to the Position of Laborer If Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Plat (insert one) MINIMUM � nter Starting Salary) : Starting Salary of $21,527 LAST JOB TITLE Laborer 11 Seasonal NAME Kevin Mathewson LAST DEPARTMENT DPW DATE 1110 ADDRESS 47 Pavvlitia St. LAST SALARY $11.57 hr. CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -3203 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 93296 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009053 SALARY RANGE OF POSITION $21,627-$32,779 PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: ;I125JI0 SIGNATURE OF APPOINTING AUTHORITY: � _ ; ; ` ''- \; \ _ ORIGINAL + 3COPIES TO: CIT`Y`CLERK (t gig EFORE APP OINTMENT DATE) OTHER COPIES TO: 05- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- SUDGET" #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) #3 (Rev=1 -02) Certificate of Appoin In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Public Works Division of Engineering to the Position of Street Repair Worker Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM ,(Enter Starting Salary) : Starting Salary of $21,527 LAST JOB TITLE Laborer If Seasonal NAME Gone Rose LAST DEPARTMENT DPW DATE 1110 ADDRESS 260 S hirley Avenue LAST SALARY $11.57 hr. CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX - XX - 47$1 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 13111001 TITLE CODE NO 4310 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009-060 SALARY RANGE OF POSITION $21,527 - $34,679 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Sfepniak TITLE OF APPOINTING. AUTHORITY: Commissioner ATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT D_ ATE1 OTHER COPIES TO: #5- COMPTROLLER #16- HU SERVICES1CIVtL SERVICE, #7- - BUDGET #8-DEPARTMENT #9-D #10- EMPLOYE (S� H4 (Rev 7 -07) Certificate of Appointm In Compliance W ith 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 appointinent(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 � 1 Appointment Effective: in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of LAST JOB TITLE Truck Driver LAST DEPARTMENT Public WorkslStreets LAST SALARY $ 21,627 NAME Laura Austin DATE 10109 ADDRESS 21 Tuxedo Place CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX -XX -4797 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 11413001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2008 -129 SALARY RANGE OF POSITION $21,527 - $32,779 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Janet Penksa TITLE OF APPOINTING. AUTHORITY: Corrlmissoner DATE: SIGNATURE OF APPOINTING AUTHORITY:' `` t ORIGINAL f 2 COPIES �CF: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLEIR #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #G- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) _V NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES March 16, 2414 03/03/2010 15 :24 OLMSTED CONV NO,B90 POI (A DUFFALo MEDIA ADVISORY CONSERVANCY f0filPtlerilUr jlflfk,; s:a j�P�ijl ll' for Immediate Releases Wed., March 3, 2010 For More Informatiom Joy Testa Cincluino, 716-33 &-1249 ext. 17 1oy @bf10nark9.0rJ )�O LMSTED CONSERV'ANCY ANNOUNCES TWO PUBLIC MEETINGS The Buffalo Olmsted Darks Cons nvancy announcer= two upcoming public meetings on parr projects in Delaware and riverside Parks. The meetings are free and open to those interested in learning more about upcoming funded park projects. Public Mee in g for the Scaiaquada Creekside Trail Ianprovement Prat Monday, March 15 5 - 7 p.. Polish Cadets building 927 Grant Streot (near Amherst St) Buffalo, NY 14207 The Olmsted Parke Conservancy will present preliminary designs for the X1 rt[illi project Funded through NYPA for the Niagara Diver Greenways. The meeting is free and open to the public. Community input and feedback is welcome and encouraged. for r Gore information: Greg Robinson, t Olmsted l'ark's Lemdscape .Architect, frobinson (Obuffatoobmtodparks.org . Pu blic Meng for the Riverpide Park Minnow Foals Project Wednesday, March 24 b - B p.m. Northwest Con=unity Center 155 Lawn Avenue Buffalo, New York 14207 The Olmsted Turks Conse rvancy will present design progress on the Rive -rside Park Meow Foals Project. funding for rebuilding :he historic Mirmow Pools is through Assemblyman Sam Hoyt, NYPA for the Niagara Rimer Greenway�2 and Senator Antoine Thoznpson's Office. The meeting is free and open to the public. Community .)nput and feedback is welcome and eancomaged. ULU public meeting is part of the regularly scheduled meeting of the Mack Rock - Riverside Good Neighbors Plamm ng Alliance. For more information; Greg Robinson, Olmsted's Landscape Architect, g; cal i son€ l�r�ffalc�nlrnst d ark&Or . The Buffalo Olmsted Parks Conservancy is a nok_ for - profit, independent, community organization that promotes, prewrves, restores, enhances, and a isures maintenance of Frederick Lawn Olmsted - designed parks and parkways in the Greater Buffalo area now and for future generations. In 2008, the Conservancy released its Planfor Hie 21 Coibiry, a blueprint for the management and restoration of the entire park system. Usted on the /Na tional. and State Register of Historic Places, the Olmsted system in 'Buffalo is the first of its kind in the nation dosignod by Arnerica's greatest landscape archit xt. The major Olmsted Parks in Buffalo are Cazenovia, l3e),I ware, Front, Martin Luther King, Jr., Riverside a id South Parks. Visit www.13uffa1o01mstedParks.mrg for more details. RECE IVED AND E FILED # ## 1'.t1l.Ni.lc Lull )40 841'.trksitlu71vemic 11dr-do, NY 14214 p(716)H38 -120 f'(716)H35-13[1} tVN' E4'. ltutl ;ilcfs}ls�ts[tt11L1['I�.[rf(; � i 7 7� 000 13 M A VOW A Buffalo Water Board Chairperson: OluwOle McFOY Vice Chairperson; Donna Estrich Gerald E Kelly William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak EICEIVED1 AND FILED AA/11F CAN IR ,J WATER JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 (NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5116 March 8, 2010 Gerald Chwalinski 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, 0002f t City of Buffalo LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATiEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC p p WATERFRONT Please file the attached document for the upcoming Common Council session to be held on March 16, 2010. Thank you fro your assistance with this matter. Sincerely, W"O' , Joseph Golombek Jr. North District Council Member JGltjv REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT SAM HOYr Assemblymember 144'R District Room 837 Legislative Office Buliding Albany, New York 12248 518.455.4886 FAX 818- 455 -4990 836 Delaware Avenue, Sulte 005 Buffalo, New York 14209 716.685.8880 FAX 716.885.3836 E -mall: hoyts0assembty.state.ny.us STATE OF NEW YORK CHAIR C10mrnlUee on Local Goverrimenis CDMMITT15ES . Ways and Means Tran :�pnrtatlon f:nefgy Tourism, Arts & Sports Development Cities MEMBER Puerto RlcanAllspanioTask Force March 5, 201® Won. Byron Brown Buffalo City Hall Room 201 Buffalo, NY 24202 Dear Mayor Brawn: It has been three weeks since your administration closed the D District Police Station. Based on the Information 1 have, it appears that your decision was a reasonable one and I commend you for it, However, after three weeks, our constituents are growing more concerned that this closure will permanently affect the quality of police services that they expect and deserve. Moreover, 1. have not been given any information regarding your plans for reopening the police station or relocating the station for any lengthy period of time, In fact, I am not aware of any comrnuni^ation between your administration and the community regarding this critically important issue. Therefore, I respectfully request answers to the fallowing questions: * What exactly is the information you have regarding the presence of maid in the building"? What type of mold? Haw long has It been there? What are the causes of the meld? ® Are there any other types of toxins present in the building that employees should be concerned about? * I =er those who work there, what steps should they take to safeguard their health? * Should members of the general public that have been in the building be concerned about their health? * Based on the information you have, (tow long will the station be closed? Who will decide to reopen the station and on what criteria will the decision be based? * If the station is not reopening soon, what plans are you masking for providing services to the D District beyond what is being done today? Is your administration actively seeking another building more centrally located than Minnesota Avenue? If so, what are the criteria for a temporary location? ® Given that three weeks have elapsed since the closing of this police station, has your administration determined that there has been no negative impact on police services? Have QPrinted on recycled paper. response times changed? Are officers spending more time driving to and from the temporary location or the downtown location than they were when the station was centrally located "? • Are there any indications that this closure will be permanent? • Given the relatively recent rehabilitation of the building, is your administration investigating whether the contractor may be responsible for these current problems? I know you share my concern about the health of our police officers and safety of our community. Information and transparency are critically important when public health is Involved and I Implore you to provide answers to these questions. I encourage you to hold a public information meeting where all of these questions can be answered openly and honestly. our police force and the entire community .need these answers. Thank you for your consideration. Cc: Buffalo Common Council Toe 3suffato (common (Council MICHAEL Pa KEARNS PRESIDENT PRO TEMPORE SO UTH DISTRICT COUNCIL M EMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5169 � FAX: (716) 851 -4294 E -mail: mkearns @city- bufFalo.com 1 TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: March 10, 2010 4 .. Hand Sanitizer Resolution CHAIRMAN FINANCE WATERFRONT DEVELOPMENT C ng BUDGET BURA CIVIL SERVICE CLAIMS RULES EG15LATjvE Assis7ANys MARTHA -ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on March 16, 2010. Thank you. , "Tor t h e People ®" C®uncllmeEmber Kearns 9A , rrom: Geraldine, Mondi@a niagarafalisny.gov Sent: Friday, February 19, 2010 3:12 PM To: Councilmember Kearns Subject; hand sanitizer dispensers In the Fall of 2009, i had spoken to your office about information you had regarding your resolution to put hand sanitizer dispensers in your City Hall in Buffalo. Your office sent us your resolution and I discussed it with our City Council members along with our Public Works Department. We have had, for about a month now, hand sanitizers on every floor (4 floors) in the Niagara Falls City Mall. The public and the employees have commented on how much they appreciate having the dispensers. It took us a while to get them as they were on back order for some time. Thank you for sharing your information with us and hopefully we helped to stop the spreading of the seasonal flu as well as other viruses. Geri Mondi Council Secretary Niagara Falls City Council Geri Mondi Council Secretary City Hall /PO Box 69 745 Main Street Niagara Falls, NY 14302 (716) 286 -4301 phone (716) 2864406 fax Geraldine. Mondi (a,niagarafallsnv.gov RECEIVED AND Fill- ED Page 1 of 1 Chwalinski, Gerald From: Licata,Robert D. Sent: Tuesday, March 09, 2010 3:42 PM To: Chwalinski, Gerald Cc; Stepniak,Steve; Sullivan,Paul V. Subject: chicken license 387 masssachusetts JERRY, TODAY 3/9/ 10 I WENT TO 387 MASSACHUSETTS TO INSPECT A CHICKEN COOP. I AM NOTIFYING YOU OF INSPECTION OF CITY ORDINANCE 341 -11.4. THERE WAS NOT A CHICKEN COOP BUILT ON PREMISES, I LEFT THREE MESSAGES FOR DIANE PICARD, EXECUTIVE DIRECTOR OF THE MASSACHUSETTS PROJECT, AND HAVE NOT YET HAD A RESPONSE.I WILL KEEP APPLICATION ON FILE. UNDER CITY ORDIANCE341 -11.2 387 MASSACHUSETTS DOES NOT MEET THE REQUIREMENTS TO HAVE CHICKENS. THANK YOU BOBBY LICATA PEST CONTROL /WILDLIFE .ED AND FILED 3/9/2010 000 " 7 r.A i March 2410 1 �.ta Ekla[a'� L����xs.t C.cg�,xrr�t�i ..... . Cleanup Activities to Beg . >� at Union �i .. ��p Cana ( Parcel 3 ) Site r ram 3 Igo B0064 . 1 Environmental Restoration P a . ,. � .. ... ............ ... ....... ..... ..... Pro .. .. ,., Introduction The New York State Department of Environmental Conservation (NYSDEC) and the Buffalo Urban Development Corporation (BUDC) are pleased to announce that cleanup activities at the Union Ship Canal Public Open Space (Hanna Parcel 3) project site, which is part of the Buffalo Lakeside Commerce Park, will begin soon. what Will the cleanuo Involve? The cleanup project will be managed by BUDC for Erie County, in partnership with the City of Buffalo. As part of the cleanup, the City -owned parcel of property immediately surrounding the Union Ship Canal will be developed into a public park /open space. The planned cleanup measures will address contamination while creating wildlife habitat and opportunities for recreation. They include: Land Cover System: * Removing surface debris; * Excavating and properly disposing cyanide - contaminated wastes buried under a small portion of the site; * Regrading the Site landscape; * Installing a soil cover consisting of 18- inches of imported clean fill and 6- inches of topsoil, which will be seeded and mulched; and * Constructing a concrete promenade and various trails (e.g., asphalt, crushed concrete, crushed stone). Canal Wall Stabilization: ® Stabilizing portions of the northern and eastern canal walls by constructing an underwater berm along the base of those sections at potential risk of collapse. Canal Sediment Cover System: ® Covering sediments east of the Route 5 brid with geotextile filter fabric and a I -foot thick stone/gravel layer; Removing large debris, such as submerged automobiles, from the botto of the canal prior to construction of the underwater berm and sediment coven system. Ecological Restoration, ® Restoring ecological areas and features, such as reef groupings, bentbic substrates (water bed sediments that support organisms that live on or in the sediments), submerged and emergent wetland plantings, and an inland embayment area. Prablic Park/ Open Space Development: Constructing the public park in phases with this first phase focusing on utilities, drainage, landscaping, parking, and trails, including the construction of a pedestrian bridge spanning the canal. Next StelLs Cleanup actions will begin in March 2010 and are expected to be completed by the end of the year. A final engineering report will then be developed and made available to the public. Once the cleanup is complete, the City will be able to open the new Union Ship Canal park to the public. As project milestones are reached, DEC will notify the public through fact sheets similar to this one. Site Background The Site is referred to as Parcel 3 of the Buffalo Lakeside Commerce bark. It is a 200 foot -wide strip of land surrounding the Union Ship Canal east of Route 5, covering approximately 22 acres. Parcel 3 and the commerce park were once the site of the Hanna Furnace facility, an iron smelting facility. Prior to industrialization, the area was predominantly marsh land. The historical disposal of fill materials (e.g., slag, cinders, demolition debris, and dredged sediments) and the subsequent operations of all iron smelting facility contaminated site soil and groundwater with hazardous substances, including heavy metals and semi volatile organic compounds. Who Should I Call If . I . Have Ouestions About the Site? Should you have any question about this project, please feel welcome to contact these representatives: Site Related Proieet Ouestions Mr. Peter M. Caminarata Site Related Environmental Ouestions Site Related Health Ouestions BUDC Mr. David P. Locey Mr. Matt Forcucci N YSDEC NYS Department ofVealth 275 Oak St Buffalo, NY 14203 270 Michigan Avenue Buffalo, NY 14243 584 Delaware Ave (716) 856 -6525 (716) 851 -7220 Buffalo, NY 14202 c� (716) 847 -4385 Locations to View Project Documents � c �1r' rr Public interest and input in this project is valued and appreciated. To keep you informed, BUDC and NYSDEC have set up three locations at which you may view site - related project documents. These locations include: Offices of BUDC and ECIDA Buffalo and Erie County Public Library DEC Region 9 Office 275 Oak St Buffalo, NY 14203 JP Dudley Branch 2010 South Park Avenue 270 Michigan Avenue (716) 856 -6525 Buffalo, NY 14220 Buffalo, NY 14203 (716) 851 -7220 (Please call for appointment} (716) 257 -9500 (Please call, for appointment) You may also view documents on the DEC website. Go to the Region 9 Remediation Project Information page at httn;llwtv�� .d cc.n get /cllc33 i ��1i375��,1itinI and loop for the Union Ship Canal entry under the Erie County heading. RECEIVED AND RLV-r Now York State Department of Environmental Conservation U.S. Department of Homeland Security Division of Water , A r ' Region It Bureau of Flood Protection and Dam Safety, 4`" Floor � � � Jacob K. 7avits Federal Office Building F 625 Broadway, Albany, New York 12233 -3504 _ 26 Federal Plaza, Room 1311 � = Phone; 518 402 -8185 a FAX: 518 402 -9029 r ,V' T.4 _ New York, New York 10278 Website: vvmv.dec,stato,nylms 3 oboe F'EmA Alexander B. Grannis Commissioner March 4, 2010 Mr. Gerald Chwalinski, City Clerk City of Buffalo 65 Niagara Square City Ball - Room 1308 Buffalo, NY 14202 1A Re: Erie County Flood Mapping Open Houses; FEMA Map Modernization Program Dear Mr. Chwalinski: As you know, 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), The preliminary FIRMs and Flood Insurance Study (FIS) have been issued to your community, and are available to the public at the following website: 1 The maps are in a GIS compatible countywide format, including digital ortho -photo base mapping and updated topographic data. You were previously sent a joint letter from NYSDEC and FEMA regarding community coordination meetings, which provided an opportunity for community officials to go over the maps and the legal map adoption process with NYSDEC or FEMA staff. Three Public Open Houses, separate fiom and in addition to those meetings, have also been scheduled in Erie County. i We would like to emphasize that there will not be a formal presentation at these events and residents are welcome to stop by any time during the scheduled events. Subject matter experts will be available for direct question and answer sessions with the public. This is an opportunity for property owners in your community to review the maps and to ask questions about floodplain management, flood mapping, the National Flood Insurance Program and whether the new mapping will affect insurance requirements on their property. While this event is primarily intended for residents and property owners, you are most welcome to participate in the Open Houses. We also request and encourage you to help publicize these events in your community. Enclosed is a meeting flyer regarding the Erie County Open Houses and FEMA's Map Modernization program in general, that we request you distribute through your office, website or other appropriate venues. The flyer details the locations and contact information for the Open Houses and gives a brief summary of the mapping process and importance of updating your communities' flood maps. If you have any questions or require assistance, please contact the NYSDEC floodplain management section, at (518) 402 -8151. We look forward to receiving your input into this important project, Sincerely, Mary Colvin, Chief Floodplain Management & Flood Insurance Branch, Mitigation Division, FEMA Region II Enclosure William S. Nechamen Chief, Floodplain Management Section Bureau of Flood Protection and Dam Safety NYSDEC RECEIVED AND IF-11-OL r is The New York State Department of Environmental Conservation (NYSDEC) and the Federal Emergency Management Agency (FEMA) will be holding three Public Open . House Meetings on March 30 March 31 and April 1 2010 to discuss the new Erie County Digital Flood Insurance Rate Map, and the National Flood Insurance Program (NFIP) in general. If you have questions about the preliminary ®FIRM, please visit fi t //r 4mt)r)-team.com or contact Paul Weberg at (212) 680 -3638 or Daul.weberP, dhs.P,ov. If you have questions about the NFIP, floodplain management or flood insurance, please contact Melissa Ryan at (212) 680 -3625 or metissa.rvan@dhs.gov. The NYSDEC floodplain management section, at (518)4028151, can answer questions about both the map and the NFIP in general. r 1 TWfity -6W York ation and. the idNal F Map Modernization: What is it? The local Map Modernization project is part of a nationwide effort to update the country's flood hazard; maps so that they reflect the most current flood risks. Erie County residents and businesses now have up -to -date, reliable, Internet- accessible information about their flood risk on a property -by- property basis. How are residents and businesses affected? FEMA has developed a website to help Erie County property owners view the change in flood hazard designation. The website, which will be available in March 2010, is located at http : / / www.ranif)p- team.com /nv.htrn Why Update the Maps? Why Now? Flood hazard maps, also known as Flood Insurance Rate Maps, are important tools in the effort to protect lives and properties. Over time, water flow and drainage patterns have changed dramatically due to surface erosion,. land use and natural forces. New Maps = A Safer Public By showing the extent to which areas are at risk for flooding, the new flood maps will help home and business owners understand their current flood risk and make more informed decisions about protecting their property. These maps will also allow community planners, local officials, engineers, builders and others to make important determinations about where and how new structures and developments should be built to maximize safety. - From Mr. Smith To introduce a new paradigm for security protocols in and around Buffalo Public Schools E ` 3 F� Toward a Safer Community... District Parent Coordinating Council Safety & Security Serb Committee 241412411 Security Proposal Objectives: to introduce the structures that will eliminate the trouble zones that have become increasingly commonplace in and around Buffalo Public Schools To introduce a new paradigm for security protocols, that includes a community based, intergeneradonal approach to overall safety. A New Paradigm "Security" refers not only to those punitive measures that are put into place to crack down on the occurrence of violence, and not only to those preventive measures that can be planned to lessen the occurrence of violent activity: increased police patrols, the use of metal detectors, K- 9 patrols, weapons checks, etc. An approach that reaches potential perpetrators in the places where they have not been "secured" may eliminate the need for all of the above. "Security" refers also to the elimination of need -- that drives anti - social behavior in a bedrock of poverty, neglect, and the absence of a connected community whose rich cultural norms have not been mined for the purpose of creating a peaceful and self respecting core community. Strategy Identify the eauses F f the kind and scale of violence that we are seeing. Connect - with communities that are most affected (door-to-door contact, town hall meetings) to ascertain their vision of a safe community, and what each individual can contribute to the accomplishment cif that vision. 1) Watch houses Concerned members of the community can allow their homes to be used as part of a safety zone along a "safe route " where school children can go to call authorities in time o, f need, or seek re ficge in time of danger. A strategy for background checks would need to be in place to ensure safety for such children, and training for the household to ensure safety within. The Business community also has a role to play. Store owners can also participate within the "safety zone. " 2) Community Patrols Recruit men ftom the community and train them to reengage youth in alternate, positive behaviors, and in the mechanics of proper restraint.. 3) Ike education and Re Training Conduct workvhops that reorient youth in a mindset of inclusion in their own security. Give wayward, troublemaking youth a new sense of self and of purpose, allowing them to see themselves as the keepers of their space rather than the violators of those within it. Inculcate a Al new, respectfrd view of the vidnerable in society: the elderly, the young, the infirm and the A female. Mahe use of organizations already in existence and already fbcused on educating youth on the perils of criminal activity, truancy, domestic violence, and idleness. 4) Flock Clubs Form and utilize block clubs to curb and eliminate violence. Block chcb activities can increase a feeling of connectedness and caring arrrorrg those who share a common space. Iris can produce a desire to protect and preserve that which gives a sense of "security" through acceptance and belonging. 5) Ten Man Task Force The goal is to adopt schools, beginning with East High School, which currently is experiencing a high level of violent occurrences This task, force will patrol routes around the school, as a f first line of defense against mischief or criminality. They will work in cooperation with police and attendance officers for better outcomes. S) Include the Village In line with the Ancient proverb that it tapes a village to raise a child, Center bared and Church based programming - will be developed and utilized to a greater extent to reach and include more who need constructive activity. In addition, information about existing after school and out of school programming will be made available to parents, so that their options for structured activity and even home based programming will increase dramatically. 7) Mentorship The benefit that will be gained by reconnecting youth to the elderly cannot be overstated. Identify elders within affected communities who can give guidance, caring, and a sense of longevity and stability to those who are buffeted about by factors that destabilize homes and disrupt a secure sense of self, REFERRED TO THE SPECIAL M' " '0'E'-_DUQATION G 0 FIVE POIN'T'S BLOCK CLUB c/o 55 East Morris Avenue Buffalo, NY 14214 Dr. James Williams Superintendent, Buffalo Public Schools 712 City Hall Buffalo, NY 14201 Dear Dr. Williams: February 26, 2010 This letter is written to express concern regarding the property at 300 Manhattan Avenue Buffalo, NY 14214 which was recently acquired by the Buffalo Board of Education. As members of the Five Points Block Club within which the above - mentioned property lies, we highly endorse the use of this property as a parking lot for Robert Rich All -High Stadium. As part of the design plan, we would like to encourage not only the inclusion of green space especially on the periphery; but also, privacy fencing considerations with respect to the adjacent residential properties on Mercer Avenue. If we can provide any assistance or insight as part of the execution of your plans for this property, please do not hesitate to contact us. Yours truly, Beverly Davis President, Five Points Block Club A L Mi�hael Robinson t Henry Walker 300 Manhattan Committee Five Points Block Club t r' Dawn BeTry- talker REFERRED TO CUNKWITTEE THE SPECIA U CATO_ 0005 March 10, 2010 Mark Jaskula Sr. Legislative Assistant Common Council of Buffalo 65 Niagara Square, Room 1413 Buffalo, New York 14202 Dear Mr. Jaskula: Please accept this letter as RuraUMetro Medical Services response to your coin munication dated February 22, 2010 regarding a complaint letter submitted to the Common Council members from Cory McNierney - Concerns Rural/Metro Medical Services in Buffalo #41 C.C.P. Feb.2 2010. Rural/Metro Medical Services is a private ambulance company contracted to provide pre - hospital care to the City of Buffalo under the management of the Buffalo Fire Department. hi addition, the Buffalo Emergency Medical Services Board is the governing body that we report to on a monthly basis. The Buffalo Emergency Medical Services Board is traditionally where an item of this nature is discussed. We appreciate Mr. McNierney's concern for his profession however the reality is that his information is simply not accurate. His letter implies that the system is brokers and needs to be fixed. This opinion dismisses the hard work and diligence of Rural/Metro Medical Services, the Buffalo Fire Department and the City of Buffalo Emergency Medical Services Board who work together to ensure the City is utilizing industry best practices to best serve and protect the residents. Our response time compliance, a key performance indicator, is actually at historically high levels. - Rural/Metro Medical Services is proud of the business relationship we have developed with the Buffalo Fire Department and the Buffalo Emergency Medical Services Board. We are confident that together we are developing an EMS System that will be viewed by other municipalities as a standard for the industry. We would be honored to invite any Councilmember or Council staff member for a tour of our state-of- the -art headquarters at 481 William L. Gaiter PkNvy in Buffalo. We are confident you will find that our commitment to providing the highest level of emergency care in the area is our utmost priority. Feel free to contact me with any questions or concerns. Sincerely, J Smith Public Affairs Manager REFERRED N L�� 481 William L. Gaiter parkway Buffalo, NY 14215 Business (716) 882 -8400 Fax (716) 887 -8379 www.ruralmetrowny.com � March 10, 2010 Mark Jaskula Sr. Legislative Assistant Common Council of Buffalo 65 Niagara Square, Room 1413 Buffalo, New York 14202 Dear Mr. Jaskula: Please accept this letter as Rural/Metro Medical Services response to your communication dated February 22, 2010 regarding a complaint letter submitted to the Common Council members from Cory McNierney - Concerns Rural/Metro Medical Services in Buffalo #41 C.C.P. Feb,2 201O? Rural/Metro Medical Serviees is a private ambulance company contracted to provide pre - hospital care to the City of Buffalo under the management of the Buffalo Fire Department In addition, the Buffalo Emergency Medical Services Board is the governing body that we report to on a monthly basis. The Buffalo Emergency Medical Services Board is traditionally where an item of this nature is discussed. We appreciate Mr. McNierney's concern for his profession however the reality is that his information is simply not accurate. His letter implies that the system is broken and needs to be fixed. This opinion dismisses the hard work and diligence of Rural/Metro Medical Services, the Buffalo Fire Department and the City of Buffalo Emergency Medical Services Board who work together to ensure the City is utilizing industry best practices to best serve and protect the residents. Our response time compliance, a key performance indicator, is actually at historically high levels. Rural/Metro Medical Services is proud of the business relationship we have developed with the Buffalo Fire Department and the Buffalo Emergency Medical Services Board. We are confident that together we are developing an EMS System that will be viewed by other municipalities as a standard for the industry. We would be honored to invite any Councilmember or Council staff member for a tour of our state-of- the-art headquarters at 481 William. L. Gaiter Pkwy in Buffalo. We are confident you will find that our --commitment to providing the highest level of emergency care in the area is our utmost priority. Feel free to contact rue with any questions or concerns. Sincerely, 4_ i mith c Affairs Manager 481 William L. Gaiter Parkway Buffalo, NY 14215 � Business (716) 882 -8400 Fax (716) 887 -8379 1 www.ruraimetrowny.com :s M NIIA \i iUNE STi'i E O ,' !C ::`iiM f) t,c, 65 CO U RT STR G L 1' BUFFALO NEWYORK%:42112 ! "ilU) ; 8YO9 FAX_ 1116? SSVI"t 51 .1 i:00:M 02 L1`6i5i -;VIVE O (iC3: BU1LDF11c, ALB 1 ^ ,. N1 : YORK 1 151,1 �5-33i; NIAC;ARA PALLS, NEV;` W)RK H305 1 'V )611 - 5f80 FAX _U !61 2- 1 - 58 if A THE SENi-WE STtaII OF NEW YORK ANTOINE M. THOMPSON SCIVATOR, 60Tt-t DiSTtttCT GOV CHAIR C ©Rth11i t"1=CS CIVf €, KSIO S F iN A. I IEA[.714 I N'S IJRA.'CF LOCAL 6 is f�! `.i l: P2 1' VETERAitiS,tt)Esil € t,dl)SE=CjR1 "1':' M,ILI €i iW' Af -FAIUS February 1, 2010 Mr. Paul Tronolone Empire State Development Corporation 95 Perry Street Buffalo, NY 14203 DGEIS Continents Dear Mr. Tronolone, members of ESDC and ECHDC: Oil behalf of the residents of the 60 Senatorial District, 1 am writing to voice my full support for the inclusion of a Community Benefit Agreement for the Canal Side Development Project. We appreciate this opportunity to comment on the Canal Side Development Project. We are generally supportive of your project's goals and objectives; however, we believe that the return on the public's investment will not be realized to its fullest potential unless the project meets clear, legally binding requirements regarding sustainable design and green infrastructure, set aside space for local, independent businesses, job quality and access, and mixed income Housing. Through research on experiences and best practices in cities very similar to Buffalo, it is clear that large - scale economic development projects are only worth the often hefty taxpayer price tag if it is ensured through a legally binding agreement that the project will produce authentic public goods. We therefore support the call of others in the community for a Canal Side Comm unity Bengflts Agreement. Due to the large scale nature of this project and the subsidies that tax payers will provide, and have already provided, the Empire State Development Corporation, through its subsidiary, the Erie Canal Harbor Development Corporation should NOT award or approve any contracts, sub - contracts, leases or the like until ESDC, ECHDC, Benderson, and Bass Pro work with community interests and to reach a Community Benefits Agreement that: ® Includes a green building; and green infrastructure requirement so that all buildings meet the equivalent of LEED- Silver and include effective storm ,eater management and water conservation plans; a Accommodates and nurtures small and local businesses, as opposed to big box retailers, so that more money re- circulates in our immediate community by setting aside appropriately sized commercial spaces for local, independent businesses; 0 Ensures the creation of quality permanent jobs that pay a Living Wage; �w} _1 213 MAEfO'` FV S'I 1TE OFFICE I3.i1L[?i` C. 69 C'OUiZ 1 51 i2,-E_ _ BUFF LO7 - NEW ORK 1 t.7Ebi,5: - 87Ui FAX irt618af-3Wi `J ROO !, QC:? LEGISLATIVE OFFICE BUIMI:NG ?LBASS: , -N"T 1 A 7 YO , 122_ }Y 518; ' -3 iil I , . -kx f518f XIA.:14L''? J 19113 %',.SI\' S'!1, i =1''1 FAX � € r;t::1R •{ ! :'tl. [_S, :'ti I.1'r `r'C}:2IC i. =3'.�5 ilUl 28�i -37��i �u f t recra -.ns THE SENATE S'GATE OF NEW YOIZ ANTOINE M. 7 HOMl'SON SENATOR, 60TH DISTRICT THU', PSO €ti tiYSUNA' r',C -OV CHAIR VIR_'N"V €_ ?t AL COPT 511:fZt °:;1'ID ? COMMITTEES CIVII- SEIZt=10E 14` .N'CF t1IA; IiI INS�f L Ct C)u;ds ?. - ECKE ,71U E s1k .0S I31:'t i_I.91':SiE- "1' %1:1U I Ml' AFFAI1; • Prioritizes and sets legally binding goals for local and minority hiring; • Requires prevailing rate be paid on all construction jobs, with minority, local hiring, and apprenticeship goals; • Focuses on mixed use development; and • Maintains existing moderate income housing while making new residential units affordable and available to low and moderate income residents. These are key pillars to high road development, development that embraces the needs of our community. Executing high road development strategies becomes even more critical when you consider that Buffalo has consistently ranked within the top ten of poor US cities and that we continue to face staggering employment and population losses. I am a strong advocate for small business and economic development; however, I firmly believe that the city of Buffalo cannot afford to pursue another silver bullet solution to our urban poverty, job loss, and stalled economic development. The Bass Pro - Benderson plan, as it exists currently, represents a risky strategy as Bass Pro after multiple years still has not made a legally binding commitment to Canal Side. I recommend that more emphasis should be placed on diverse small retail establishments, and that mechanisms must be implemented to ensure long -term economic growth and community benefit if the project is to proceed and be successful. I look forward to working collaboratively with your agencies to make Canal Side one of Western New York's premiere destinations and attractions that we have envisioned and has the potential to become. If I can be of assistance, please contact my Buffalo District Office at (716) 854 -8705 or via email at: athompsoCsenate.statemy.us. Sin • re, y, Ft f 4;ntoine M. Thompson New York State Senator, 60 District AT /rnjb CC: Hon. David Paterson, Governor of New York State Hon. William Stachowski, Chair of Serrate Commerce, Economic Development, and Small Business Committee Hon, Crystal Peoples- Stokes, NYS Assemblymember, 141 District Hon. Sam Hoyt, NYS Assemblymember, 144`' District Hon. Mark Schroeder, NYS Assemblymentber, 145 District Mr. Jordan Levy, Chairman of Erie Canal Harbor Development Corporation E V E D A Mrf ) Rk - -.E D 0 03/16/2010 11.10 OLMSTED CONV 4 0515141 NO. 924 a01 0005' 3 SUPP OLMSTED P AW CONS Connecting Parke & people Transmittal Form Date: March 16, 2010 ! ]Front: 'Thomas Herrera Misller President and CEO To: Richard Fontana Phaxke: 716-838 -1249 ext.10 Fax number. 881 -5141 f= 716- 838 -1300 Number of Pales: 3 (exq�tu�lln covey shoot) Email; jt�� ** �alaalm9tedpark8.0r Remarks: I Thu Buffalo Olmsted Parks conservancy is an Independent, membership-based not far prof t organization that pmmotes, P restores, enhances, and ensures maintenance of Frederlck Law Olmsted -designed parks and parkways in the Greater Buffalo area for current and ftenare generations. Frederiek Law Olmsted Is considered to be America `s greatest landscape architect. Bu ffalo, Afew York is home to the first system of pans and parkways designed by Olmsted artd his partner, Calvert beaux. The Olmsted system in Bu„faip is listed on the National Rcgoter ffistoria Places. It consists Of six parks (Dolawrare Martin iLuther King, Jr., Front, Souib, Caaenovia and Riverside) and their connecting parkways, which {Hake up 75 pera:ent of Huffalo's parklararl I i Parkside Lodge 84 Pukaid Ave. B W410, NY 14214 Phone 716438 Fact; 711300 www. buffalo olmfitedparks.019 l A/ r �, 03/16/2010 11 :10 OLMSTED CONY 4 8515141 NOI924 P02 V 00Ari,U OP TRUMP& D J. CoFligan, Chair Aiu+a TUMIPS JeYcC, (314it -0ot Gary L. hfuCC1, SeMOry Alan Pawlewakl, TroaGUrer Katm) Arrison 16yaO Attar" J frrey t„ (MV4au Jim Boar, Frverifus Joseph 1e+`ra' Cvtigl+a Ann Louio Umtnallt Richard C. Llimmtrtge, U- Offldo James werttanfer Penick SuSa3r ),131W torat4y T. Farguseln S. Jay rerrari Richard N. Cliffm Jame tfomru +g, rN.Olfictn James fJi1ew53d Rlorom Johman Kevin K4y Rol+rn J. yfem icixrk V, l+tistrtita, E"ICrllrid Corime Bice, E,nledfWS ViCtor A. hire Wry L. Ross W illiitr+r R Rupp Atidrea Sc1091 ficrLort M. Sigel MAry $tnsp6on 'sieve Stopr iak Sr- OffidO cyo d en'f`olo6, F;rwhms Heidi lvotsby Deborah L)qm Willf,'+ma Tlioinu Herrera- M%Iller, CEO fi441a`6 ofmsterl syetrm pnrk eazenOVIA Delaw fro Crornt Marlin LuthoT lE )& Jr, Sautb P447payd Bidwell cimpin Limp) WKiniay Potter Red Jai kci Ricbptond 0idea Agaactx Colo+lial 1'oTry GAN6 m dollar McKiMey Wdiers Sympb -y March 16, 2010 rotriirarrtig pa rks t: p roi;h , Richard Fontana City of &lffa Common Council City Hall 13uffalo, �Y 14202 Dear Colnlncilmart Fontana, I am wri ing to respectfully request the Late File of proposal to adjust the fee schedule For the C llmted Golf Courses. This modest adjustment to the fees is much needed to bring the Fees in line with outer local Municipal 9 course fees in the pion and to allow tba Conservancy to recover more of the direct costs associated with the mainten nee and operations of the courses, We have proposed a modest increase in tees for on -city residents as we feel that this will be readily soopted by the golfers, 30% of whom are non city residents, please see the attached competitive fee structure corrlpari. We havi prepared a draft resolution attached for yoar review. 'Wc hope that this proposa can be voted on at today's meeting of the Common Council as golfers are eager to purchase thou pees and we arc reliant on the income from these sales to sustain ne Conservancy's operations ns wO gear up for Opening the eourscs in only four weeks, weather permitting. Your asAstance in this urgent matter is greatly appreciated, Sincere y, % Thorna Harrera- Mishler CEO President Buffalo Olmsted Parks Conservancy cc: Ma or Byron Brown All Common Council MemWrs Daeid Colligan, Chairman of the Board of Trustees M � i ' i';srl;s +dc Lodge 84 I'arklitic Avemic 11tif ,110, J (y 1:1211 p (7 16) H38 -1340 f (71() ii l;- 13f)li w��'. 1s�1f1: +fi +a U :iEl4dp�rks,l +rg 03/16/2010 11:10 OLMST'ED GQNV 4 5515141 I i Whereas the City ofBuif'alWs (ftsted Pails provide three golf courses to the residents and visitors of Buffalo and, Resident Whereas these historic Olmsted Park golf coarser, are located in Delaware Park, Cannovia Park and South Park and, Whereas the Buffalo Olmsted 'arks Conservancy, a riot «for -profit charitable organisation is charged with the maintenance and operations of these golf courses and, Whereas fees should be competitive with other nearby municipal golf courses and, Whereas the Conservimcy Is reliant oil fees charged at these golf courses to help cover the rising costs of maintenance and operations, and that these fees have not been changed in the City Charter since thr Conservancy's 2044 contract was signed, and, Whereas sustaining the high quality of maintenance of the golf courses is desirable Therefore be it resolved op, this the 10 day of March of 2010 that the Common Council of the City of Buffalo slab approve the following adjustments to the fee schedule for golf at the Olmsted Park Golf ounes; Fee description Seasonal fee for South Park, Cazenovla and Delaware Golf souses Senior citizens with City idektihcation cards, Mon -Fri Youths under 16 with City i4enti5cation cards, Mon -Fri Junior Program (12;44 noon' to closing, July to August only) Daily fee for South Park, Caren*vla and Delaware Golf Course (each) 15 holes on Saturday, Sunday or holiday Seniors and youths under'16 on Saturday. Sunday or holiday -15 moles on ether days Seniors and youths under' 16 on regular weekdays Twilight rate Reserve tee time, per resbrved hour Now York State access puss NO.924 P03 214 110 $ 150.40 for 7 day 75 16 13 13 11 8 55 90 Non. resident 235 N/A 160 166 17 14 14 12 9 65 go g hole rate Monday- Friday 10 11 9 hole rate Saturday- SundOy 12 13 i 03/16/2010 11:10 OLMSTED COLD 4 8515141 NO.924 D04 U l Competitive Fee Structure COmpari On Regular Pas $ over City Daily Fee Graver Cleveland $270 $270 $16 Eime $360 $350 $95 Brighton $390 $390 $23 Audubon $350 $350 21 Deerwood $375 $375 $24 REFERRED TO THE COMMITTEE ON FINANACE CORPORATION COUNSEL PETITIONS March 16, 2010 8 P. Fadale, Agent, Use 954 Main Street for a Free Standing Sign (no pub hrg )(Nia) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD L, pa U'� NAME AGENT/ WNER ADDRESS P Rp . ECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. �-vy- -C)�2 MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE W14ETHER OR NOT YOU NEED PLANNING BOARD APPROVAL, I ' �5 -,3D--10, City of Buffalo 65 Niagara., Square ti 6 Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Deport Date 03/11/2010 09:41 AM Submitted By DAVID GRUNDY Page 1 AiP # 151510 Apptigatiorti6f, irstattott = s Date I Time By Date! Time 13y Pr""sod 03/1112010 09:35 GRUND Temp COO Issued COO Final Expires Associated -Information kWtlon Type of Work #Plans Q Dacia red Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Pr * p rfyl$ite.irifoirmation Address 954 MAIN BUFFALO NY 14202- Location AKA 960 MAIN L7wr�erlTi na Contact ID AC 1234378 Name SALVATION ARMY Mailing Address 960 MAIN Organization City BUFFALO StatelProvince. NY ZIPIPC 14202 Day Phone (716)883 -9800 x Fax Occupant N From Contact ID AC36919 Mailing Address 960 MAIN ST city BUFFALO ZIPIPC 14202 Day Phone (716)888 -6209 x To Blame SALVATION ARMY Country USA Evening Phone Mobile # Owner Y From 02!2212005 Organization SALVATION ARMY State /Province NY Country USA Evening Phone SIGNS Buil ding Applicati To 05/06/2007 [1 Foreign ❑ Foreign Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events Q Public Works approval ❑ Notarized Permissionl Common Council City Engineering ❑ Admin Office /Apts R4 Q Curb Cuts ❑ Beauty Parlor R2 ❑ Encroachment Q CanopylMarquee ROW Q Oversize Trucking Freestanding Sign Q Plumbers' Cuts Q Human Service Facility Q Street Cuts Q Portable Sign in ROW Preservation Board Q Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal Q S.E.O.R.A. ❑ N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development Q insurances Check ❑ Flood Plain ❑ Title Held Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office Q One- and Two- Family Plan Review Q Multiple Dwellings Plan Review Building Code Review Q Citywide Site Plan Submission Check Q Sewer Code Review ❑ Plumbing Code Review Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review Permit Office ❑ Asbestos Survey C) Asbestos Abatement Bond /Certified check Q Assessment Combination ❑ First Insurances Check Q Public Works approval ❑ Notarized Permissionl for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment E) Sewer/Water Cut ❑Sewer Retention ❑ Simple Demolition ❑ Telecommunication [] Simple Plan Approval Tree over 4" at 4' E) Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance [ Preservation District Q Contiguous Check Water Department Q New Water Supply ❑ Water Retention Modified By DIGEF Modified Datefrime 03/10/2010 90:15 Revisions Required Q Revisions Required for Simple Plans Q Revisions Req'd for 1- and 2- Family U Revisions Req'd for Muit. Dwellings (� Revisions Req'd. for Bldg Code Rev. Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans Revisions Required for Plumbing [ Revisions Required for Electrical Revisions Required for HVAC /Meth. Revisions Required for Elevators 0 Revisions Required for Fire Bureau 0 00 5 5 M. Stefura, Agent, Use 1700 Elmwood for a Ground Sign (no pub hrg )(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD f c- NAME OF la- ADDRESS THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE BOARD. ON LE GISLATION AND CITY PLANNING 6 ' /y 3l �G, G�!/ 3oa MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNI BOARD (851-5086) TO DETERMINE PLAN NING BOARD APPROVAL. WHETHER OR NOT YOU NEED 3 3 30 C (� /rl !3`100 � (�lJf1C, i` B�D City € of Brzffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 03/1112010 11:42 AM E A/P # 151764 Submitted By FLD SIGNS Building Application i J Page 1 J Stan /:s Date / Time By Date / Time By Processed 03/11/2010 11:41 DIGEF Temp COO Issued COO Final Expires Asso ciated Information valuation Type of Work # Plans 0 Declared valuation 0.00 Dept of Commerce # Pages 0 Calculated valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0,00 Square Footage 0.00 Name Descrintion ofWnrk *" PLANS /COMMON COUNCIL APPROVAL REQUIRED * "* 387 -19 NO PUBLIC HEARINGINO FEE TO ERECT A 32 "X120" TALL GROUND SIGN ON THE R.O.W.IN AM M1 ZONING DISTRICT. Parent AIP # Project # Project /Phase Name Phase # Sire /Ares Size Description Address 1700 ELMWOOD BUFFALO NY 14207- Location Contact ID AC1217642 Name HADLEY EXHIBITS INC Mailing Address 1700 ELMWOOD AVE City BUFFALO ZIPIPC 14207 Day Phone Fax Occupant N From To Contact 1D AC20197 Name HADLEY EXHIBITS,INC Mailing Address 1700 ELMWOOD AVE City BUFFALO ZIPIPC 14207 Day Phone Fax Occupant N From To No Addresses are linked to this Application No Addresses are linked to this Application 0787700001007000 Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 03/0712010 To Organization StatelProvince NY Country USA Evening Phone Mobile It Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign No Parcels are linked to this Application city Op Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 03/11/2010 11:42 AM Submitted By FLD Page 3 PRIOR APPROVALS Bflo Arts Commission City Survey (Con't) ❑ Arts Comm, Approval ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond/Cerliffed check ❑ Assessment Combination Common Council City Engineering ❑ Admin Office/Apts R4 ❑ First Insurances Check DPublic Works approval ❑Notarized Curb Cuts ❑ Beauty Parlor R2 ❑ Permission/ for portable sign one year Encroachment Canopy/Marquee ROW Lease showing Use encroachment ❑ RodentfVermin Bait Oversize Trucking Freestanding Sign ❑ Sewer Retention SeweriliVater Cut ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition E) Telecommunication E) Street Cuts ❑ Portable Sign in ROW DSimple Plan Approval ❑ Restricted Use Permit City Planning ❑ Tree over 4" at 4' E) Zoning/Use Check Other ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Preservation Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.O.R.A. Board ❑ Zoning Variance D Preservation District C) N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ insurances Check ❑ New Water Supply 0 Flood Plain ❑Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF Modified Date/Time 03111/2010 11:41 Comments No Comments PLAN REVIEWS Plans Review Requited Revisions Required ❑ Simple Plan Review by Permit Office DRevisions Required for Simple Plans ❑ One- and Two-Family Plan Review ❑ Revisions Req'd for 1- and 2-Family ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult. Dwellings Building Code Review ❑ Revisions Req'd. for Bldg Code Rev, ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans ❑ Plumbing Code Review ❑ Revisions Required for Plumbing Electrical Code Review 0 Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVACIMech. Elevator Code Review ❑ Revisions Required for Elevators Fire Code Review ❑ Revisions Required for Fire Bureau No Conditions �}� € �- r , �: s ' ���1 ,• w �'r ,S' .�' .�,' � .._ 0005E �C. Appt Firelighters -1" Step(Fire) Ccp# 8, 3/2 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 1 t 0000 Notices of Appointments- Temp /Prov /Porm(Cty Clk) Ccp# 25, 3/2 Mrs Russell moved That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee on Civil Service r� ii alla?m r r ®00 Extend Downtown Stadium Leasing Arrangements with _ Buffalo Bisons through March 31, 2011 r (Item No. 2, C.C.P., Mar. 2, 2010) That the Mayor be, and he hereby is authorized to execute the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease between the City of Buffalo and Bison Baseball, Inc., for an additional one (1) year extension upon the same material terms as that attached, to expire on March 31, 2010. Passed. Recommended by the Committee on Finn i ce Chairman. TAB:rmv T:%wp64GnswordVmv12e3 -2e. Hoe *AYE *NO* FONTAi A FRANCZYK * * G®LO EK * * HA ES KEGS * LOCURT® RIVERA * � RUSSELL * SMITH Mai - g * q 2/3- 6 * t 3/4- 7 ®0059 Purchase of Parrs Equipment (Item No. 6, C.C.P., Mar. 2, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to purchase up to $2,000,000.00 in vehicle and turf equipment for the maintenance and operations of the City of Buffalo Parks & Recreational facilities upon the condition that there be no increase in the number designated as authorized for take - home use. Funds for this project are available from Account No. 14160007, Capital Outlay. Passed. Recommended by the Committee on Finance TAB:rmv J'Awp6Nnswordlnnv166 -Zc, doe Chairman F tr U %ldDu fRm FONTANA � FRANCZYK G®LOMBEK HAYNES KEARNS LOCURTO RIVE RUSSELL SMITH Maj -5 2/3- 6 3/4- 7 000 0 f/ Permission to Receive Funds from NYS Department of State Census Complete Count Grant Program (Item No. 19, C.C.P., Mar, 2, 2010) That the Common Council approve the request to receive grant funding in the amount of $109 from the New York State Department of State to fund a campaign to insure that Buffalo has the most accurate census count possible, provided that any contracts with not - for-profit community groups came back to the Common Council for its review and approval. Passed.F�� Recommended by the Committee on Fin _ ce Chairman TAB:nnv T:hvp601rnswordV mv%I96- 2c.dcc A I wAllamerom FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS * x L®CURTG RNERA RUSSELL X SNUTI Maj - S `Ji tit lC 2 �q // ,[ Gt3 m 3/4- 7 i4' 000: State Audit of the City's Elevator Inspections (Item No. 27, C.C.P., Mar. 2, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: Adopted. item is ,t Recommended by the Committee on Finance _ - - - -- - - 'hairman t TAB :rmy tAwP60\R1SwOr&ffV 2703- 2c.dnc f.. Mr. Kearns moved that the above item be recommitted to the Committee on Finance U. .... r 00002 Increased Appropriation - Fund Balance — Capital Outlay (Item No. 69, C.C.P., Mar. 2, 2010 ) ' That the Comptroller be, and he hereby is authorized and directed to transfer the sure of $2,000,000 fiom the Reserved Fund Balance — Capital Outlay 10700096- 397200 to meet the increased appropriation to 14160007- 474100 Equipment in the amount of $1,200,000 and 14160007474200 Vehicles as set forth in the above communication. Passed. Recommended by the Committee on TAB:rmu t A- 00VM- 0r&mv%9c3 -2c. doc �i * AYE *NO* FONTANA FR,.f'A.AV C YK GOL®MBEK iJA Y 1 f S KEARNS $ OCUR.TO A R� RUSSELL * ie S1 UTH 4ti M l/ 2/3- 6 3/4— 7 * '� 00063 - . Disch Fin, ccp# 54,2!2 -Perm to Engage Services Consultant Engineer Metering program Cep# 70, 312 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance r�. i J. Golombek -R. Mendez- ECWA -Resp Merger Bflo Wtr and EC Wtr Auth (C,CP. #60, March 2) That the above item be the saine and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finanace r` �1� COMM UNITY E EL ENT 1) F •� s 400 Community Benefits Agreement for the Canal Side Development Project (Item No. 64, C.C.P., Mar. 2, 2010) That the Common 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 That the Common Council resolves that it will not transfer the thirteen (13) acres of City- controlled property, without a Community Benefits Agreement or like agreement, acceptable to all parties. Adopted. lst; & 3rd Resolves Recommended by the Committee on Community Development Chairman TAB:rmv tAwp60Vnsword\:rmvk64c_3 - 2c.doc 000 Perm to Enter into Agmt NYSDOT Bflo Outer Harbor Enhancement Proj (PW) (C.C.P. #56, 3 /2)(C.C.P. #26,2/16) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development g 0000 f Report of Sale — 843, 847 & 849 Seneca f (Item No. 8, C.C.P., Feb. 2, 2010) (Item No. 75, 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. LoCurto moved: That the offer from Dixon Enterprises, Inc,, Mr. Gerhardt Yaskow, 312 Summer Street, in the sum of Seven Thousand Dollars ($7,000.00) for the purchases of 843, 847 and 849 Seneca Street, be and they hereby are accepted; upon the condition that the below language be included within the deed for the transfer of said properties; The party of the second part, in consideration of this conveyance for himself, his heirs, executors and/or assigns, hereby personally agrees to not destroy or remove presently, from the parcel of land commonly known as 847 Seneca the approximately nine foot brick encasement containing a two foot religious artifact located on the premises. While Grantee agrees to not to either personally nor throw the acts of agents destroy said artifact, there are speeificaliy no affirmative obligations to the grantee to maintain said artifact beyond any reasonable current level of care. The grantee is specifically not to be held responsible for acts of God or third party vandalism or negligence, in which case, Grantee is absolved of any and all affirmative obligations contained in this covenant. it is expressly understood that the covenants contained in this Deed shall bind the premises hereby conveyed and shall be construed to run with the land forever; That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. TAB: my 'I'Awp60VMWordAnn%V5c2 -16c * AYE *NO* FONTANA * ERANCZYK * G OLOMBEK * * x HAYNES KEARNS S! g � LOCUHTO * 9i * RI Y ERA * 3E RUSSELL * SMITH * x � * ii aj ° J 2/3- 6 3/4- 7 LEGISLATION ®0063 M. Wong, Petition to Use 494 Elmwood — Sidewalk Patio to the Front Existing Restaurant (Item No. 39, CC P., Mar. 2, 2010) That after the public hearing before the Committee on Legislation on March 9, 2010, the petition of M. Wong, owner, for permission to use 494 Elmwood for a sidewalk patio to the front of an existing restaurant be, and hereby is approved. Passed. Recommended by the Committee on Legislation TAB:rmv tA-P6O 2c.doc =! Chairman .J i�� *AYE *NO* FONTANA x .FR � jAAj NYY t�''yy'' {{��}}�� ��''��] GOLOM BEK _ * x �` B AYNES x KEARNS � g LOCURTO x R Y L' RA it RUSSELL SMITH sF 2/3- b if f X 3/4 7 �i ]� Christopher M. Wahl /Club W -199 Delaware(E11)(EDPI) (C-C.P. #9, 3/2) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation i„Q,U9 Food More License — 1426 Fillmore (item No. 12, C.C.P., Mar. 2, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pu scant to Q'h ter 194 of the City Code, the Cornmissione . of Eo 'c Devel pme t. P mit nd lnsp ctions e Gv be, and � er by is a�� con . gra a Food tore Licen 76 Adh am alel�cated at�14�6�F�llrnore�lb�Ajwani Market. V Passed Recommended by the Committee on Legislation Chairman I'AR my T:twp641n�.swordUmvt12c3 -2adoc i r - `t Mr. GOlombek moved that the above item be recommits to the Committee on 0007 Used Carr Dealer --- 2028 Niagara (Item No. 17, C.C.P., Mar, 2, 2014) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Tina Pawlowski d/b /a prolific Automotive Group, Inc. located at 2028 Niagara Street, for a maximum of five (5) vehicles at any time at the 2028 Niagara Street location pursuant to the underlying permit. Passed. Recommended by the Committee on Legislation TABv 0 WP 6 M -WOf&MVM,- 3- 2a.doc n Chairman 1 i\\ is * AVE * NO * FONTANA FRANCZYK * x ` GOLOMBEK * ' I4YNES x . KEARNS LGCURTO RIVERA RUSSELL SMITH x Mai e 5 X 9 2/3- 6 �t I Tk 7 3/4- 7 00072 D. Hall, Petition to Use 326 Amherst Street — to Expand an Existing Restaurant (Item No. 52, C.C.P., Feb. 16, 2014) That the above item be, and the same hereby is returned to the Common Council without recommendation. W Golombek moved: t the peti rl D. Hall, gvtier f , erinissio a o expa d n exist re ura at 3 6 Arllhe t eet be�ia �Yery is approve ,, Passed. Recommended by the Committee on Legislation TAB:rmv 0wP6f 'amwor&:rmvb2v2- 16c.doc (46( C' 1W Chairman 1=� 000 C. Wabi-Concerns- Barricades at Back Door -Club W (C.C.P. #45, 1119) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation, V s �i wMw- D. Tronolone, Agent, Use 400 Lincoln Pkwy for a Human Service Facility (no pub hrg)(North)(C.C.P. 447, 1119) That the above item be the same and hereby is Received and Filed. ADOPTED Recommender] by the Committee on Legislation z 0007 1) Confirmation 294 -302 Hudson Project Not in Jeopardy of Losing Funding (Ell)(Strat Plan)(C.C.P. 48, 12122) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation QO-J%AU lJ r� :l 0007.3 G. Schroder- Stillwater Undercover Investigative Report (C.C.P. 446,11/24) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation J t i 4 ; !s_ J. Schroeder - Issues Stillwater Nightclub -481 -483 Delaware (C.C.P. 948, 10/27) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation q� CA� X 11._ ___ €'� TO `' r� RESOLUTIONS March 16, 2010 00 f� t RESOLUTION Sponsor: Richard A. Fontana Subject: OPPOSITION TO THE USE OF BISPHENOL A ("BPA ") IN FOOD & BEVERAGE CANS WHEREAS, Bisphenol A ( "BPA ") is an industrial chemical that is used to make a hard, clear plastic known as polyearbonate that is used in many consumer products, including reusable water bottles and baby bottles, and as part of the epoxy resin used in the protective lining of metal -based food and beverage cans; and WHEREAS, Although BPA has been used as a component in hard plastic bottles and metal-based food and beverage cans since the 1960's, recent studies suggest that BPA may be hazardous to human health, and both the National Toxicology Program at the National Institutes of Health and U.S. Food and Drug Administration ( "FDA ") have expressed concerns about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants, and young children; and WHEREAS, In December, Consumer Reports published research showing that, despite the fact that BPA is often not listed on food and beverage labels and is tasteless and odorless, many canned foods nonetheless when tested contain high levels of BPA; and WHEREAS, The FDA is currently pursuing additional studies, seeking public input and input from other expert agencies, and supporting a shift to stronger regulatory framework for oversight, to protect the public from the potential dangers of BPA. NOW THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council is in favor of a ban on the use of BPA in consumer products until the FDA states its final position on the potential health hazards posed by exposure to this industrial chemical; and BE IT FINALLY RESOLVED, That the City Clerk shall forward certified copies of this Resolution to the FDA and the Erie County Department of Health. Richard A. Fontana Lovejoy District Council Member RESOLUTION O O G 7 By: Mr. Franczyk Re: Support the Old First Ward Community Association New York State Main Street Program Whereas: The Old First Ward Community Association is dedicated to revitalizing the neighborhoods near and around the Buffalo River; and Whereas: Community surveys have demonstrated the need to revitalize the Seneca Street Commercial Corridor; and Whereas: The New York State Division of Housing and Community Renewal offers funding under the Main Street Program to revitalize commercial corridors; and Whereas: The Old First 'Ward Community Center is applying for Main Street Funds from NYSDHCR for the Seneca Street Corridor; and Whereas: As a requirement under the rules of this program, the Old First Ward Community Association must obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo does hereby approve and endorse the application of the OId First Ward Community Association for a grant under the New York State Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the redevelopment of the Seneca Street Commercial Corridor and supports the application of the OId First Ward Community Association for New York State Main Street funds as a part of the overall Seneca Street Revitalization effort. Af A vid A.Franczyk 4 0 0 0 1? 0 t RESOLUTION Sponsors: Michael P. Kearns Subject: EXPLORING THE POSSIBILITY OF WIND TURBINES FOR THE CITY OF BUFFALO WHEREAS, Communities around our state, the country and the world are in the process of investing in wind turbine technology as a way of reducing dependency on foreign oil, generating clean renewable energy, and positioning their local economies to be leaders in green energy technology and manufacturing, market segments which are likely to grow exponentially in corning years; and WHEREAS, In comparison to other communities that are exploring wind turbine installation acrd /or production opportunities, the City of Buffalo has a number of advantages: consistently strong winds off of Lake Erie; proximity to an international border crossing and the burgeoning wind energy industry in Southern Ontario; a wealth of rail lines, highways, navigable waterways and ports; and a skilled work force and strong manufacturing base; and WHEREAS, Although investing in wind turbine technology could greatly benefit the City of Buffalo, the experience of other communities has shown that concerns are likely to be raised regarding the aesthetics of wind turbines, noise, the effect on local wildlife, the amount of public financing involved, the possibility that current technology could quickly becorne obsolete, the lack of long -term studies on the effects of wind turbines, and the potential impact on the value of nearby properties; and WHEREAS, If the City of Buffalo ultimately decides to pursue the installation of wind turbines in our community, it is Iikely that we will choose to limit these structures to certain areas, which will require amendments to the city zoning code. With the City of Buffalo currently in the process of pursuing implementation of a form -based "smart code" and awarding a contract to a consultant to oversee its development, now is an appropriate time to develop a strategy pertaining to the use and possible production of wind turbines so that it can be appropriately reflected in the City's new zoning code. NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Buffalo strongly supports exploring the possibility of installing and producing wind turbines in the City of Buffalo; and BE IT FURTHER RESOLVED, That the Common Council of the City= of Buffalo intends to facilitate and sponsor discussions in earnest between our local citizenry, legal community, environmental groups, wind energy experts, and elected officials concerning the advantages, disadvantages, opportunities and challenges of pursing wind turbine installation and production in the City of Buffalo, with the goal of identifying relevant environmental, legal, financial, technical, political and other issues and developing a wind turbine "master plan" for our City; and BE IT FINALLY RESOLVED, That the City Clerk forward this resolution to the Mayor, Law Department, Department of Public Works and Wind Action Group of Buffalo, New York for dissemination to other interested parties and comment, with responses to be filed with the City Clerk, Room 1308 City Hall, no later than April 8, 2010. Michael P. Kearns ADOPT RESOLVES REFER REMAINDER TO THE COMMITTE{ South District Council Member ON LEGISLATION By: Mr. Kearns = Increased Appropriation Fun B a lance Prior Year's Claims 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 the budget for the current fiscal year for Appropriation Allotments —Prior Year Claims, be and the same are hereby increased in the sure: of $1,374,820. That the comptroller be and hereby is authorized and directed to transfer the sum of $1,374,820 from the OTFC Unreserved Fund Balance 10700096 - 397000 to meet this increased appropriation as set forth below: 10700096- 397000 - OTFC - Unreserved Fund Balance $1,374,820 To: 17221008- 480205 — Law Department — Judgment and Claims — Prior Year$1,374,820 �Ss 1 s�; i,• �i AYE *NO * FONTANA * FCZYK * * GOLD EK * * HAYNES * ]KEARNS * LOCURTO RIVER * RUSSELL * BATH * �" * maj - 5 2/3- 6 3/4- 7 * # gIU MAR 1 0l0 By: Mr. Golombek Co- Sponsor(s): Messrs, RE: Permission to Hang Flags on Elmwood Avenue, near McKinley High School Whereas: McKinley High School, located at 1500 Elmwood Avenue, is celebrating its 100' anniversary this year; and Whereas: To commemorate their centennial, McKinley High School is requesting permission to hang twelve flags along Elmwood Avenue, near the school; and Whereas: The flags will be installed in March and will stay up for the remainder of the school year until June 2010; and Whereas: The City of Buffalo congratulates McKinley High School on its 100' Anniversary and supports their efforts to promote the school and beautify the neighborhood; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits McKinley High School to hang twelve flags along Elmwood Avenue around the school, on lamp posts 1530, 1508, 1588, 1464, 1451, 1452, 1465, 1475, 1495, 1521, 1541, and 1566; and Now, Therefore, Be It Further Resolved: That all flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. Joseph olombek, Jr. iJ 00083 ► FIN e, Sponsor: David A. Rivera Re: Community Garden Task Force Update WHEREAS: The City of Buffalo has an abundance of vacant land located within residential neighborhoods; and WHEREAS: Community Gardens and Urban Agriculture convert vacant land into neighborhood civic spaces where people grow vegetables, fruits, flowers, and herbs that they otherwise could not grow; and WHEREAS: Creating and maintaining Community Gardens and Urban Agriculture fosters an increased sense of pride and ownership in one's community and should thus be encouraged; and WHEREAS: Community Gardens and Urban Agriculture have proven to be a source of produce for community residents who may not otherwise have access to fresh fruits and vegetables in their neighborhoods; and WHEREAS: Community Gardens and Urban Agriculture have proven an effective tool for fostering community revitalization in distressed neighborhoods across America; and WHEREAS: Other Cities facing vacancy and abandonment challenges have successfully implemented policies and procedures to highlight the importance and bolster the impact of Community Gardens; and WHEREAS: Support for community gardens fulfills the vision and policies as outlined in the New York State Food Policy Council which was recently approved by the New York State Assembly; and WHEREAS: The City of Buffalo Common Council commissioned a group of community garden and Urban Agriculture advocates to establish the Common Council Community Garden Task force in July of 2008; and WHEREAS: The focus of the task force was to create recommendations to the Buffalo Common Council on ways in which the City could better utilize its vacant and abandoned land; and WHEREAS: The Community Garden Task Force has been meeting over the last 20 months with which to accomplish these goals; and Ft . +1 WHERAS: The Common Council Community Garden Task Force has expanded to include many different groups and is interested in still working on the issue of vacant and abandoned land in the City of Buffalo and would like to remain a standing task force of the City of Buffalo Common Council; and WHEREAS: The Community Garden Task Force was established and comprised by appointees from the Common Council President and Appointees from the Mayor of the City Of Buffalo; and WHEREAS: The Community Garden Task Force charged the University at Buffalo with creating the report and bringing their findings back to the task force; and WHEREAS: This Community Garden Task Force, in the fall of 2008, commissioned University of Buffalo graduate students under the direction of Dr. Samina Raja to research best practices and the utilization of vacant land for community gardens in Buffalo, resulting in the Queen City Gardens Plan: Plannina for Community Gardens in the citz o Bu alo NOW THERFORE BE IT RESOLVED THAT: That the Common Council continue to empower the Community Garden Task Force to create policy surrounding the creative reuse of vacant and abandoned land within the City of Buffalo; AND BE IT FURTHER RESOLVED THAT: That the community garden task force remain as an acting task force of the Common Council for another year to further its efforts to create stronger community gardens and that the composition be the same as it was in the past BE IT FURTHER RESOLVED THAT: The Common Council Supports the findings of The Community Garden Task Force and will work towards implementing the recommendations proposed in the Queen City Gardens report, including exploring the establishment of a Food policy Council that will serve an advisory role on food - related planning issues; AND BE IT FURTHER RESOLVED THAT: The City of Buffalo will recognize urban agriculture as a beneficial use in the zoning code and that the Corporation Council draft a zoning ordinance permitting urban agriculture in zoning districts where it is deemed beneficial; AND BE IT FURTHER RESOLVED THAT: The Office of Strategic Planning is directed to establish with the help of The Community Garden Task Force a "Diggable Cities Database" which will document the availability of suitable lands for community gardening and allow those that want to create a community garden or start an urban farm to do that more easily; AND BE IT FURTHER RESOLVED THAT: r. The office of Real Estate with the help of The Community Garden Task f=orce will create a process with which to move city owned vacant land quickly through the process so that it can become a community garden or urban agricultural site in an open and transparent way; AND BE IT FURTHER RESOLVED THAT: The law department be directed to draft a "Performance based lease" with the help of The Community Garden Task Force that protects community garden that are on city owned property, modeled after the attached lease; AND BE IT FINALLY RESOLVED THAT; The Common Council supports the ongoing work of the Community Garden Task Force and will do everything in it's power to help foster and create community gardens and urban agriculture in the City of Buffalo. David A. Rivera ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION LEASE AGREEMENT THIS AGREEMENT is hereby entered into this day of 20, by and between THE CITY OF BUFFALO, a domestic municipal corporation, having its principal place of business in City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York (hereinafter referred to as "City "), and Grassroots Gardens of Buffalo, Inc., a domestic not- for - profit corporation, having its principal office located at Room 607 City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Eric and State of New York, (hereinafter referred to as "Grassroots "). WITNESSETH: WHEREAS, the City and Grassroots having entered into a series of lease agreements whereby the City was the "Lessor" and Grassroots was the "Lessee" of certain property described therein in the City of Buffalo, County of Erie and State of New York, WHEREAS, the City is the owner of numerous vacant and/or abandoned lots, located throughout the City of Buffalo, County of Erie and State of New York, WHEREAS, the City recognizes and acknowledges that publicly owned vacant lands in and around population centers can be of value to the community when appropriately used, and that permanent garden sites are a community asset both as attractive open space and as a source of locally produced food, WHEREAS, the City recognizes and acknowledges that gardening of public land in the City of Buffalo serves as a productive use of vacant property, which left untended is likely to become unsightly and unsafe dumping grounds; that open space given to use as community gardens reduces vandalism, engenders a sense of community involvement and increases surrounding property values; and that neighborhood gardening offers environmental, educational, recreational and nutritional benefits to the community, WHEREAS, the City has identified the high number of vacant lots and abandoned properties as a contributing factor to community deterioration and blight and through its Comprehensive Plan dated February 7, 2006, determined to address vacant lot development as a priority within the Good Neighbors Planning Alliance's overall strategic goals and has identified strategies to transform litter -filled vacant lots into well- maintained, green and /or productive spaces, and, in accordance with its 2004 Comprehensive Plan, aims to enhance the cultural, physical and social environment and provide means for stimulating interaction between community members, WHEREAS, since its incorporation in 1992, Grassroots has been a community gardening program in Western New York working with public and private sectors to revitalize neighborhoods and build quality of life through the reuse and beautification of vacant land, WHEREAS, Grassroots desires to use the subject properties for the purpose of combating community deterioration, by designing, developing, establishing and supporting vegetable, fruit and /or flower gardens, WHEREAS, Grassroots desires to use the vegetable, fruit and /or flower gardens to contribute to food security by providing healthful, affordable produce, and green spaces for gathering and to foster and protect sustainable community -based garden projects throughout the City, WHEREAS, Grassroots desires to enhance the cultural, physical and social environment, provide a means for stimulating interaction between community members through the creation and continuance of community gardens, and use the City -owned vacant lots and abandoned properties for the purpose of increasing neighboring property values, and reducing crime, vandalism and littering in neighborhoods, WHEREAS, Grassroots desires to support local municipal policies that recognize the value of transforming vacant and /or abandoned property in the City of Buffalo into viable community gardens and public green spaces and protect the rights of residents who improve, maintain and protect said properties, 01 Given the mutual benefits to be derived by the City and Grassroots in this endeavor, the parties will execute a lease agreement setting forth the terms and obligations of the parties with respect to the aforementioned properties. NOW, T HEREFORE, in consideration of the terms, covenants and agreements herein set forth the parties do hereby mutually agree as follows: 1. The City demises and leases to Grassroots the vacant lots as listed in Schedule A attached hereto and located in the City of Buffalo, County of Erie; 2. Schedule A classifies each lot subject to this lease as a Type A, B, or C community garden or public green space; 3. Schedule B attached hereto, determines a point scale for categorizing Type A, B, or C community garden or public green space; 4. Schedule A shall be mutually updated by the City and Grassroots on November I" annually. Grassroots shall provide to the City by September 30 of each year, a proposed updated Schedule A, complete with evidence to justify any change in rank for a particular lot; 5. Grassroots may request additional sites to be added to the lease by submitting new parcels to the City's Real Estate Department at any or all of the three following times per year: January I ", June I ", and September I 51 ; 6. The City, by and through its Real Estate Department, has thirty (30) days to provide written notification of its decision to approve or deny additional sites to this Lease Agreement; 7. If the City does not provide written notification to Grassroots within thirty (30) days, then Grassroots may petition the Common Council directly for approval or denial of additional sites to this Lease Agreement; 8. The term of the lease shall be twenty -five (25) years commencing on the I st day of November 2009 and ending on the 31 day of October, 2034; 9. Grassroots shall pay the annual rent of One Dollar ($1.00) for all lots listed in Schedule A; 10. Grassroots shall be responsible for the maintenance and upkeep of the subject properties; 3 t V 0 11. Grassroots shall not build or construct any permanent structure on the subject properties without prior written approval of the City, but shall permit tool sheds on subject properties; 12. Grassroots shall defend, indemnify and hold the City harmless from and against any and all liability, suits, actions, injuries, damages, claims, causes of action or expenses, including attorneys' fees, which in whole or in part arise from use of the properties; 13. Grassroots agrees to purchase and maintain general liability insurance with a minimum coverage of One Million Dollars ($1,000,000.00) for personal injury liability and Fifty Thousand Dollars ($50,400.00) for property damage. In addition, Grassroots shall name the City as additional insured in an owner's protective policy with the same limits as above. All policies in effect must contain a provision for mandatory thirty (30) days' written notice to the City in the event of cancellations of said policies; 14. Grassroots shall not keep or have on the properties, or permit to enter upon the properties any article, substance, or thing of a dangerous, inflammable, hazardous, or explosive character that might, (a) substantially increase the danger of fire on the properties; (b) be considered dangerous by a responsible insurance company; or (c) be considered hazardous under any environmental statute, law, or regulation ( "Dangerous Materials ") unless the prior written consent of the City is obtained and proof of adequate protection is provided by Grassroots to the City; and (d) Grassroots shall also comply with all laws, ordinances, rules, regulations and requirements of any governmental authority, including without limitations, any of the foregoing relating to the use, storage, and handling of any hazardous wastes and to obtain all necessary approval. Grassroots shall indemnify and hold the City harmless from all costs, losses, and expenses, including without limitation, attorneys' fees and expenses arising from or connected with any dangerous materials clause shall survive the termination of this lease; 15. Grassroots shall not sublet, assign or in any way encumber all or any of its rights under this lease without the written approval of the City; E 16. This Lease shall be subject to cancellation by the City upon the following notice to Grassroots: Schedule A `Type A' Lots 2 -year notice of termination Schedule A `Type B' Lots 60 -day notice of termination Schedule A `Type C' Lots 30 -day notice of termination City notice to Grassroots shall be made in writing and sent by return receipt mail. The City shall not terminate the leasehold for any lot during the local growing season, defined as April 1 through November 30 during any given year. Upon receipt of written notice of termination Grassroots shall vacate the lot within the foregoing applicable time frame. Grassroots shall provide the City with notice of termination as follows: Schedule A. `Type A' Lots Schedule A. `Type B' Lots notice of termination :. notice .of ierrriination Schedule A 'Type C' Lots' notice of termination 17. There shall be no extension, modification or amendment to this Lease unless in writing and executed by the officers of the respective parties. 18. Notwithstanding any provisions contained in this Lease, it is expressly understood and agreed that this Lease and each and every provision thereof shall in all respects be subject to any and all conditions, restrictions and limitations now or hereafter imposed by or upon the powers of the City relating to the management, control use or disposition of its properties or otherwise. Nothing herein contained shall be construed or given effect so as to conflict with or contravene the powers, duties and obligations of the City pursuant to law or to abridge, diminish or otherwise affect the jurisdiction and control vested by law in and over the said properties. 5 t IN WITNESS "V HER . EOF, the respective parties hereto have caused these presents to be executed the day and year first written, THE CITY OF BUFFALO BY: Byron W. Brown Mayor APPROVED AS TO FORM ONLY Date: David Rodriguez GRASSROOTS GARDENS Acting Corporation Counsel OF BUFFALO, INC. BY: BY: Kirk Laubenstein Assistant Corporation Counsel President STATE OF NEW 'YORK ) COUNTY OF ERIE ) SS: CITY OF BUFFALO j On this day of , 20 before me, the subscriber, person appeared to me known, who being by me duly sworn, did depose and say; that he resides in the City of Buffalo New York; that he is the of the , the corporation described in and which executed the above instrument; that he knows the seal on } STATE OF NEW YORK ) V COUNTY OF ERIE ) SS: CITY OF BUFFALO ) On this day of , 20_, before me, the subscriber, person appeared to me known, who being by me duly sworn, did depose and say; that he resides in the City of Buffalo New York; that _ he is President of GRASSROOTS GARDENS OF BUFFALO, INC., the corporation described in and which executed the above instrument; that the seal affixed to said instrument is such seal; that it was so affixed by order of the Board of Directors of said corporation, and that _he signed h_ name thereto by like order. Commissioner of Deeds, Buffalo New York My Commission expires Or Notary Public, Erie County, New York My Commission expires 3 SCHEDULE B Performance Indicators for Grassroots Gardens Covered Under Schedule A 1. Community Involvement Total Possible Points 30 a. Volunteer Involvement Up to 10 points i. Youth Involvement Up to 5 points ii. Senior .Involvement Up to 5 points iii. In Find Donations received Up to 5 points iv. Regular Events in garden Up to 5 points 2. Appearance Total Possible points 30 a. Maintenance Up to 15 points b. Garden Design Up to 10 points c. Special Identifying Factors Up to 5 points 3. Function Total possible points 30 a. Food Producing Up to 10 points b. Education Up to 10 points c. Social Gathering Up to 5 points d. Neighborhood Beautification Up to 5 points 4. Structure Total possible points 37 a. Special Features (ADA compliant etc) Up to 3 points b. Raised beds Up to 10 points c. Arbors Up to 2 points d. Signage Up to 2 points e. Stone paths Up to 5 points f. Tool shed Up to 5 points g. Seating Up to 5 points h. Gazebo Up to 5 points 5. Environmental Sustainability Total possible points 15 a. Composting Facility Up to 3 points b. Rain Barrel /Water Catchment System Up to 5 points c. Native Plantings Up to 2 points d. .Reused Materials used Up to 5 points 6. Longevity Total possible points 12 a. How long has the garden been around Up to 12 points and well - functioning. Grand 'Total of Possible Points. 154 0 Type "A" Gardens will be between 104 -154 points Type "B" Gardens will be between 50 -103 points Type "C" Gardens will be any garden that is below 50 points Gardens will be assessed every year by the Grassroots Garden Board of Directors between the months of June- August and a report will be prepared by Grassroots Gardens to be submitted to the Common Council by no later than October 15` summarizing the Boards findings and recommendations for lease protections. f Le � 10 RESOLUTION Sponsor: David A. Rivera Re; Meeting Buffalo's Housing Deeds WHEREAS, People United for Sustainable Housing (PUSH) has an excellent reputation and track record as a not - for-profit organization that advances an anti- poverty agenda and provided affordable, high quality housing for Buffalo residents; and WHEREAS, PUSH has been awarded funding from the New York State Department of Housing and Community Revitalization to perform gut rehabilitations on 3 long vacant properties on Massachusetts Avenue as part of PUSH's Massachusetts Avenue Development Plan; and WHEREAS, PUSH has applied to the Federal Home Loan Bank for funds to finance part of this project; and WHEREAS, the City of Buffalo supports the reuse and rehabilitation of vacant and abandoned buildings throughout the City of Buffalo; and WHEREAS, the rehabilitation of 3 vacant properties on Massachusetts Avenue comports with various City plans as this neighborhood has been targeted as part of the City's Livable Communities Initiative, its Commercial Area Revitalization Effort and its Comprehensive Plan. NOW THEREFORE BE IT RESOLVED, That the Common Council declares that PUSH's Massachusetts Avenue Development Plan meets the housing needs and development strategies set forth in the City of Buffalo's Livable Communities Initiative, its Commercial Area Revitalization Effort and its Comprehensive Plan; and BE IT FURTHER RESOLVED, That the Common Council wholly supports PUSH's Massachusetts Avenue Development Plan and encourages the Federal Home Loan Bank to provide financing for this valuable rehabilitation project; and BE IT FURTHER RESOLVED, That the City Cleric is directed to send certified copies of this resolution to Aaron Bartley, Executive Director of PUSH Buffalo at 271 Grant Street, Buffalo, NY 14213, David A. Rivera Niagara District Councilmember �t i ti ADOPTED 000 By: Messrs. Rivera and LoCurto Re: Ordinance Amendment Part 1, Chanter 35, Article IX, Section 35 -38, Domestic Partnership Benefits The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 35638 be added to Part 1, Chapter 35, Article 1X of the Code of the City of Buffalo to read as follows: &3538 City Employee Domestic Partnership Benefits A. A domestic partner, duly registered in accordance with Chapter 164 of Part 2 of this Code, of any City cmnlovee shall be treated as the spouse of the City employee for the purposes of health benefits provided by the City to said City employee and cliaible members of their families, pursuant to stipulation or collective bargaining agreement, for as long as said domestic partnership is so reizistered, provided that all of the following elements are met: (L) Both persons are members of the same sex. (2.) Both persons share a common residence and have shared a common residence for at least six months, as evidenced by proofs of residency, required by the City's Medical Insurance provider. (3.) Both -persons are f nancialiv interdependent as evidenced by proofs of financial interdependence required by the City's Medical Insurance provider. This ordinance shall take effect thirty (34) days after it is finally adopted pursuant to City Charter §3 -19, APPROVED AS TO FORM Asst. Corporation Counsel z COMMITTEE LEGISLATION. ON NOTE: Matter underlined is new, matter in brackets is to be deleted. BY: Ms. RUSSELL 0008 BUDGET AND PERSONNEL AMENDMENT 15 -- ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 1056 — TREASURY The Common Council of the City Of Buffalo does ordain as follows: That pail of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 15 — Administration, Finance, Policy & Urban Affairs, 1056 -- Treasury which currently reads: I Treasury Administrator $ 43,550 - $ 50,101 4 Assistant Collection Officer $ 38,574 - $ 43,384 1 Contract and Specifications Clerk $ 35,420 - $ 40,437 Is hereby amended to read: 2 Treasury Administrator $ 43,550 - $ 50,101 3 Assistant Collection Officer $ 38,574 - $ 43,384 0 Contract and Specifications Cleric $ 35,420 - $ 40,437 1 Junior Collection Officer $ 30,180 - $ 33,257 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JANET PEN SSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS, AND DONNA J. ESTRICII, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. AN ENIKSA C MMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS REFERRED TO THE COMM ITTEE ON FINANCE, APPROVED AS TO FORM Corporatiun Counsel 0 310 812 0 1 0 SOA DONNA J. EST RICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE �CA CITY OF BUFFALO =' DEPARTMENT OF a ADMINISTRATION, F INANCE & URBAN AFFAIRS BROON W. BROWN MAYOR To: Donna Estrich Director of Budget From: Michael A. Searria �ol Director of Treasu Date: January 25, 2010 Re: Salary Ordinance Amendment for Treasury and Collections JANET PENKSA COMMISSIONER MICHAEL A. SEAMAN DIRECTOR OF TREASURY AND COLLECTIONS To enhance the operations of the Divisions of Treasury and Collections and to comply with the initiative of this Administration to operate in the most efficient and cost effective manner we are requesting a restructuring of titles in the Department of Administration, Finance Policy & Urban Affairs, Division of Treasury. In July, the Contract Specification Clerk retired, This person had more than 37 years experience in the City of Buffalo. While the brain drain is difficult to overcome we continue to cross train personnel to ease the loss of seasoned personnel. To encourage working at the next Ievel we have, with your assistance, been able to change titles to ensure the services we provide are not compromised. At this time, it is our intention to change that title to a Junior Collection Officer with an annual salary of $30,179.00, allowing for a savings of $10,257.00. Currently, we are working with Management Information Systems, the Department of Assessment and Taxation and Tyler Technology to upgrade the cities financial systems for Taxes, Sewer and User Fee. This is an extensive project involving a yearlong commitment that began in May of 2009 and will continue until implementation in the summer of 2010. The upgrade requires a team of professionals, one or two personnel, from each area of Treasury, Tax, Collections and User Fee. We have selected Joelle Cash, as the Functional Leader for Treasury, as she is the employee who has the most knowledge of the current MUMS and Receivable system to participate in the conversion. She will also be the in house trainer of all our current and future personnel on the New Tyler Works, (MC1IwlIS) Treasury System.. As a result, we would like to upgrade her title from Assistant Collection Officer with a current salary of $40,934.00 to Treasury Administrator with a salary of $43,550.00, difference in pay of $2616.00 in the 2009 -10 year. Joelle Cash is currently on the eligible list for the Treasury Administrator position. Therefore, we are proposing the following change to titles in Treasury. Elimination of the following title: Assistant Collection Officer - Treasury 40,934.00 Contract Specification Clerk 40,436.00 Creation of the following title: Treasury Administrator 43,550.00 Junior Collection Officer 30,179,00 Nej 200910 7,641.00 MAS dr 65 NIAGARA SQUARE / 117 CITY HAL.I / BUFFALO, NY 14202 -33012 / (746) 851 -5722 / FAX: (716) 851 -4983 / www.city- huffalo.com 40087 ,. 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 A Black Tie for Black History Exrravaganza By Councilmember Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam: for By Councilmember ADOPTED { E l March 15, 2010 On Tuesday, February 16, 2010, the following resolution was adopted, sponsored by .fasten District Council Member lDemone A. Smith. WHEREAS: The Juneteenth Festival is an annual cultural event that was established in 1976 as an alternative to celebrating our nation's Bicentennial. The Buffalo Juneteenth festival is held each year in Dr. Martin Luther King Jr. Park at the intersection of Best Street and Fillmore Avenue in order to actively preserve and promote the broad spectrum of African American heritage through educational and cultural activities that will benefit the community as a whole; and WHEREAS: One of the most important sources of funding for the Juneteenth festival is the annual A Black Tie for .Black History Extravaganza, an event that was founded by Marnetta .Malcolm; and WHEREAS: This year's third annual A Black Tie for Black - History Extravaganza is being held on Friday, February 26, 2010 at The Stillwater Restaurant, located at 483 Delaware Avenue, and is being organized by Marnetta Malcolm, hosted by Ms. Malcolm and Thomas Beauford, presented by AM 1400 and the Stillwater Restaurant, and sponsored by LP Cirninelli, Continental School of Beauty, God.. City Apartments, HSBC African Heritage' Committee, LaRussa Fashions, On The Rox Liquors and R W Productions; and WHEREAS, • In - addition to raising funds for the Juneteenth Festival, the annual A Black Tie for Black History Extravaganza promotes cultural awareness of this important summer event rind provides: a venue for honoring outstandinggdizens acid important community leaders; and WHEREAS. `The six outstanding City of Buffalo citizens that are scheduled to be honored. at this years A Black Tie for Black History Extravaganza are: • Ruth. Bryant, Assistant Dean, School of Architecture and .Planning at the UniversitywBuffalo. • L. Nathan Hare, ..President/ Chief Executive Officer, Community Action Organization �of Erie County, Inc. • Maurice L. Garner, President, Garner Associates, LLC. • Kenneth. B. Ivy, assistant Section Chief, Federal Bureau of Investigation's Criminal Investigation Divisions Gang/Criminal Section. • Jennifer J. darker, President /Chief Executive Officer, Black Capital Network LLC . • Tracy Jordan - Cardwell, Community Relations and Events Coordinator, LP Ciminelli. Now, Therefore, Be It Resolved: That the City of Buffalo, NY Common Council does hereby recognize the contributions and dedication of Ruth Bryant, L. Nathan Hoare, Maurice L. Garner, Kenneth B. Ivy, Jennifer J, Parker, and Tracy Jordan - Cardwell, and congratulate them for being selected to receive this great honor at the third annual A Black Tie for Black History Extravaganza. 3emone A. Smith Masten District Council Member Gerald Chw inski City Clerk 1 f ly BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the terra ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo • Kevin P. Murhphy • Liam Caulfield • Russell John Zdarsky, Jr. TOTAL 3 C� ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Re Committees Committee on Civil Service Tuesday, March 23, 2010 at 9 :45 o'clock A.M. Committee on Finance Tuesday, March 23, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, March 23, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 23, 2010 at 2:00 o'clock P.M. Special Committee Meetings Special Committee on Police Oversight Monday, March 22, 2010 at 11 , 00 o'clock A.M. In Room 1417 Taxi Cab & Livery Ad Hoc Wednesday, March 24, 2010 at 11:00 o'clock A.M. in Room 1417 (Public Disclaimer): All meetings are sub iect 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 City 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. 00090 No. Adjournment On a motion by Mr. Fontana, Seconded by Mimes, the Council adjourned at GERALD CHWALINSKI CITY CLERK March 16, 2010