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CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 25, 2011 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 11, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH [_- _____- W____] [MA3- S] [2/3 - 6] [314- 7] *AY NO * * * X JC * * * 3C �S;C * * * * * ** * * * * * * * * * * * * * * * * * * January. 25, 2011 FROM THE MAYOR January 25, 2011 MKIM TO: THE COMMON COUNCIL DATE: January 20, 2011 FROM: DEPARTMENT: EXECUTIVE SUBJECT: Statler Towers Matters Ellicott District PRIOR COUNCIL REFERENCE: (IF AMY) bone As this Honorable Body knows, the owner of the Statler Towers, BSC Development Buf, LLC, (i.e., the company owned by Bashar Issa) ( "BSC "), abandoned the Statler Towers some time prior to April of 2009. In April of 2009, creditors of BSC filed bankruptcy proceedings against BSC. The bankruptcy status enabled the locally based Bankruptcy Trustee, Morris Horwitz, to take all necessary steps with respect to the Statler Towers including selling the Statler Towers. At this time, however, the Trustee has filed a motion with the Bankruptcy Court to abandon the Statler Towers. Abandonment would release the building to the control of BSC and remove it from the Bankruptcy Proceeding. This action would greatly jeopardize the transfer of the building to a responsible third party developer, and likely leave the City no option, but to acquire the building via condemnation or property tax foreclosure. The Trustee has stated he will continue to work with the City on identifying a purchaser of the Statler Towers, if the City waives claims to post - petition expenses against the bankrupt estate. The Bankruptcy law contains unique provisions under which certain post - petition (in this case, post -April 2009) expenses related to the Bankrupt estate (as it applies to the City, property taxes, sewer, water and the City's safety measures) are eligible for potential "administrative expense claims" status along with other typical expenses of a Bankrupt estate, such as the Trustee's professional fees and a number of other expenses related to the Trustee's efforts to maintain and transfer the property. Currently, the total potential post - petition "administrative expense claims" from all parties, including the City, against the Trustee's debtor's account (now containing $400,000 + -) are in excess of approximately $800,000. This situation, as well as the continuing potential liabilities to the Trustee regarding, among other things, the falling debris and bricks from the building (and related insurance costs), has in large measure informed the Trustee's decision to formally request the Bankruptcy Court Judge to allow the Trustee to abandon the Statler Towers rather than continuing to pursue an orderly transfer to a third - party. As an inducement to get the Trustee comfortable with foregoing the Trustee's abandonment efforts and continuing on with a sale process, I am requesting that Your Honorable Body authorize me to execute a formal waiver or waivers of the City's potential administrative expense claims against the Trustee, which include: 0 property tax related claims of approximately $189, 675.54; safety measure related claims in the amount of approximately $34,000 (Thus far the City also paid up to approximately $34,000 for public safety measures at the Statler Towers in the form of the fencing and barricading of the property to protect the public against falling debris, bricks, etc); and for me to otherwise execute or facilitate and support waivers of administrative expense claims, which include: * sewer charges in the amount of approximately $9,775.20 and * water charges in the amount of approximately $80,454.02. Combined. all the listed figures above increase in the amount of approximately $6,500 per month and 1 would therefore further request that any authority granted to me in this regard by Your Honorable Body include the monthly increases of approximately $6,500 associated with these potential administrative expense claims waivers as we move into February 2011 and, if necessary, beyond. These waivers would not waive the tax lien, the sewer lien, or the water lien as against the Statler Towers property. The City - related total expenses are property tax, sewer charges and water charge liens dating back to 2008, As of January 2011, these expenses are up to approximately $509,000 in the aggregate. The City would also continue to have a claim for safety measures taken to date. The waiver currently being requested would only apply to reduce the financial pressure on the Trustee in carrying the building through to facilitate the continuation of an orderly sale process rather than the disastrous consequences of a Trustee abandonment of the Statler Towers property. I further note that such waivers would be drawn so as to effectuate only upon actual recordation of a deed of transfer from the Trustee to a responsible private sector entity or (as a last resort) to the City of Buffalo. I am recommending that Your Honorable Body approve the foregoing waiver measures and grant authorization for me as Mayor, and other pertinent City personnel, to execute such documents, enter into such agreements, and take all such other steps as are necessary to process and implement the above described waivers of administrative expense claims. DEPARTMENT HEAD NAME: EXECUTIVE TITLE: SIGNATURE OF DEPARTMENT HEAD NAME Mr. Fontana moved: That the above communication from the Mayor dated January 20, 2411 be received and filed; and That the Common Council authorizes the Mayor, and other pertinent City personnel, to execute such documents, enter into such agreements, and take all such other steps necessary to process and implement the above described waivers of administrative expense claims. Passed. TAB=v TAwpsotiwwor&m AIoI- zsa.doo ly * ,AYE * NO * FONTANA' * FRANCZYK * GOLOMREK KEARNS * LOCURTO * PRIDGEN * VERA � * RUSSELL x SMITH * * x Mai �5 2/3- 6 3/4- 7 0000 TO: THE COMMON COUNCIL DATE: January 21, 2011 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: 2011 -2012 Annual Action Plan (Year 37 Community Development Block Grant) Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2011 -2012 Annual Action Plan in accordance with the projected allocation of $23,752,973 in funds set forth by the U.S. Dept. of Housing & Urban Development as follows. Community Development Block Grant $17,409,073 HOME Investment Partnership Grant 5,073,088 Emergency Shelter Grant 705,483 Housing Opportunities for Persons with AIDS 565,329 This budget reflects my administration's commitment to neighborhood revitalization and stabilization by providing $2,807,020 for the demolition of 180 vacant and blighted structures, $1,350,000 for 182 emergency rehabilitations and $1,650,000 for 139 additional rehabilitations through the HOME program. In addition, $500,000 is provided to rehab the long vacant School 60, which will house veterans and special needs individuals and create an estimated 20 permanent jobs. These funds are necessary to offset funding losses with the expiration of New York State's RESTORE NY program, which has provided over $20 million to the city for demolitions and rehabs over a three year period. With the return of the city parks from the county, numerous needed improvements, such as roofing and sports and fitness infrastructure, have been identified. Funding in the amount of $600,000 is provided to improve city parks and recreational centers in some of the city's neediest neighborhoods, thereby improving the quality of life for residents living in the surrounding neighborhoods. In addition, $2,858,728 in critical human service funding for community group delivery programs maintains current year funding levels. New funding for employing and preparing for the workforce 350 of some of the city's neediest youth is provided in the amount of $350,000. An additional $150,000 is also provided to prepare low income city residents for jobs in health care and the life sciences emerging through expansion of the Buffalo Niagara Medical Campus. With the dissolution of the Buffalo Economic Rennaissanee Corporation nearly complete, staffing and other administrative costs for the corporation have been eliminated, reducing the allocation for these purposes by nearly $1 million. Planning and administration of a new Commercial District Business Improvement Program is funded at $50,000. The program will utilize prior year fund balances for fa�adc and other improvements. The city's commitment to commercial lending and other business assistance programs will be maintained by utlizing prior year fund balances, as well. Further bolstering economic development efforts is $210,000 in funding for a community policing and crime prevention initiative to make business districts safer. Improving the environment in which to live and invest in is provided through $3,000,000 for streets and public facilities city -wide, including the Medical Park/Fruitbelt redevelopment initiative. Pursuant to HUD's citizen participation requirements and the requirements for presenting agency budgets, the city's 2011 -2012 Annual Action Plan is developed with community input and is designed to carry out the objectives in the city's approved 20082012 Consolidated Plan, REFERRED TO THE COAMPArff n W. Brown O_° yor . k zv -I y DEVELOPMENT s - .; K011-2012 Annual Action Plan Recommendation Office of Strategic Planning Brendan Mehaffy, Executive Director & Vice - Chairman, Buffalo Urban Renewal Agency 2011.2012 (Year 37) AnnualActi P e-R-ec R f na o. In 1990, the United States Congress passed the Cranston - Gonzalez National Affordable Housing Act which required local governments receiving Federal funds for the administration of housing and community development programs to prepare a five -year plan showing the use of Federal resources. The Consolidated Plan for Housing and Community Development is a prerequisite for the City's annual funding from the U. S. Department of Housing and Urban Development (HUD) for four Federal entitlement programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and Housing Opportunities for People with Aids (HOPWA). The annual funding of the City's priority projects is described in the Annual Action Plan. Each project addresses one of the City's most critical needs in economic development, neighborhood revitalization, housing development, and public services for low and moderate - income families and homelessness. BMW Each year the City solicits citizen participation in developing the Annual Action Plan. The City's Office of Strategic Planning officials conducted a public hearing and an application workshop to enhance community participation. Brendan Mehaffy, Executive Director of Strategic Planning, conducted a public hearing on community needs. which was held on October 7, 2010 at the Buffalo and Erie County Public Library, Mr. Mehaffy provided estimated amounts for entitlements, reviewed the Consolidated Plan's goals and objectives, reviewed the adoption process, and addressed participant comments and concerns. Mr. Mehaffy also discussed the City's targeting efforts. A Technical Assistance Workshop was held on October 12, 2010 at the Delavan Grider Community Center, The City's application and handbook were streamlined to make the process easier for non- profit agencies to apply for funding. Ms, Tanya Perrin - Johnson, Commissioner of Community Services, conducted the Workshop. Technical assistance was provided for agency capacity, performance measurement, allowable costs, allocable costs, and cost allocation. The Consolidated Plan Goals were reviewed and guidance was provided on the types of activities eligible for funding. A Public Notice advertising the public hearing and application workshop was printed in the legal section of the Buffalo News, a publication with the greatest distribution throughout the City. The Public Notice was also advertised in the Buffalo Criterion and La Ultima Hora to reach out to minority and ethnic populations. The City also sent out approximately 700 notices of the Adoption Process Schedule to individuals, block clubs, the Buffalo Municipal Housing Authority, and community groups. The City's community based non- profit organizations posted the notices in their centers. The public hearing and workshop were also advertised on the City's web site. The application package was available on the City's Office of Strategic Planning's web site at http://www. D e artmentsfOffice of Stra #e is Plannin lConsolidatedPlanDocuments. A hard copy of the application and handbook were distributed at the Application Workshop. In addition, the documents were also made available on computer disk for distribution at the Application Workshop. Year 37 Annual Action Plan Process ..................... ..............................1 Executive Summary ................................... ..............................2 Year 37 Proposed Budget-Line Item Summary ............ ............................... 4 :t The City of Buffalo, via the Office of Strategic Planning, adheres to the following process in order to submit a proposed 2011 -2012 Annual Action Flan to the U.S. Department of Housing & Urban Development. The process follows various regulations set forth by the Department of Housing & Urban Development to ensure compliance for citizen participation. 4 4 4 Announcement Public Notice was made on September 24, 2010 in the Buffalo News to announce the beginning of the 2011 -2012 Consolidated Plan process. This announcement is made so that citizens are aware of the City's goal to prepare a document for submission to HUD. *�• Public Hearing [October 7, 2010, 5:00 p.m. at the Buffalo & aerie County Public Library]. Public Notice was made in the Buffalo News, the Buffalo Criterian, La Ultima Hora and on the City's website to invite citizens to discuss their housing and community development needs, identify priorities for resources, provide an estimate of funding amounts, and provide a review of the previous year's progress. Announce availability of Request for proposals (RFP) for ESG, HOPWA, and CDBG public service and public improvements funding. Information was also presented on the Consolidated Plan and the proposed annual spending plan, outline the contracting of programming and services and engage in citizen participation. *.4 A pplication Work<sho : [October 12, 2010, 9:00 a.m. at the Delavan Grider Community Center]. Assist those interested organizations with the familiarity of the application, its review and approval process and related requirements needed for submission. 4;. Ma or's Recommendation: The Mayor reviews all comments and recommendations and recommends an Annual Action Plan. The recommendation is forwarded to the Common Council and BFSA for their review. .,4 Common Council /Buffalo Fiscal Stabillty Authority (BFSA) Review [CC Review January 2011 s February 8, 2011] Common Council and BFSA are given an opportunity to comment on the proposed Consolidated Plan and 2011 -2012 Annual Action Plan. 4:4 Public Hearing [February 15, 2011, 6:00 p.m., [Buffalo & Erie County Public Library] The proposed 2011- 2012 Annual Action Plan will be made available to the general public for their review and discussion. 4 0 4 30 -Day Comment Period Commencing with the Public Hearing, a 30 -day comment period shall ensue to allow comments from the citizens at- large. All comments will be collected and included within the plan before submission to HUD. 404 BURA Adoption [Thursday, March 17, 2011] The Buffalo Urban Renewal Agency shall review all comments and recommendations and approve a final Consolidated Plan and Annual Action Plan that is to be submitted to HUD for approval. 4g4 Submission to HUD On or before March 17, 2011 the City of Buffalo shall submit to the U.S. Department of Housing & Urban Development the adopted 2011 -2012 (Year 37) Annual Action Plan. It shall include all comments submitted to the Office of Strategic Planning. i)_�' &l1 -1 The Annual Action Plan reflects the City's funding priorities and identifies the projects proposed to receive Federal funds under the CDBG, HOME, ADDI, ESG, and HOPWA programs. The Annual Action Plan describes priority projects for neighborhood revitalization, public improvements, housing development, economic development, public services, and homeless activities. The City of Buffalo anticipates receiving over $23.75 million in Federal grants from HUD's Community Planning and Development Programs, In fiscal year 2011, the City estimates it will receive $17,409,073 for CDBG (plus utilize $1,650,000 of program income generated from prior years' grant activities), $5,073,088 for HOME (plus $250,000 of program income), $565,329 for HOPWA, and $705,483 for ESG. CDBG, HOME, HOPWA and ESG activities leverage millions of dollars in.State, local and private financing. They enhance the City's housing and community development programs, supporting safe well- planned, attractive residential and business districts. CDBG financed projects respond to the most urgent needs of limited income residents. The City estimates that over 70% of the funding allocated to CDBG activities will benefit low to moderate income persons with the remainder targeted to alleviate slum and blight. Maximum benefit is derived from each dollar spent. The City's first major goal is to concentrate neighborhood revitalization and public improvement activities within thirteen (13) targeted revitalization areas. To achieve the greatest impact, the City will try to focus program dollars annually in certain neighborhoods within these targeted areas. Specific neighborhoods within these areas include: - Wiliert Park Homeownership Zone - Lakeview - Black Rock - Leroy - BroadwaytFillmore - Cold Springs - Cazenovia Park - Medical Park - Seneca /Triangle a Schiller Park - Grant/Ferty - Hamlin Park - Masten Park A description of these neighborhoods is included in the "Mayor's Livable Communities Initiative s A Housing Strategy for the City of Buffalo ". HOME dollars for the Owner Occupied Rehab Loan Program as well as Community Housing Development Organization (CHDO) Rehabilitation Projects will also be focused in these areas. Seven CHDO sponsored activities are underway on targeted streets in the University, Niagara, North, Fillmore, Lovejoy, Ellicott, and Masten Districts of the City. Public facilities and improvement projects to be undertaken in these areas include street improvements, and park and playground improvements in low income neighborhoods. The City will also be targeting funding for its Mid City Neighborhood Revitalization Strategy Area. Funds will be used to provide public improvements (streets and/or sidewalks) as well as an employment training program in the NRSA. The City will use its CDBG funds to provide Emergency Rehab Loan Assistance to low- moderate income homeowners on a city -wide basis. Revitalization of deteriorating neighborhoods will be accomplished through residential rehab, weatherization, demolition and clearance of blighted structures. Priority will be given to preserving the existing housing stock through rehabilitation and energy conservation to maintain a high level of quality housing for low- and moderate - income residents. Public housing renovations and modernization, and handicapped accessibility improvements are high priorities. The support for public housing projects will be accomplished through continued support of the Hope VI (Lakeview) and proposed A. D. Price projects. A major goal is to stimulate neighborhood and economic revitalization activities in low and moderate income areas of the city. A Neighborhood Business District Fagade Loan /Grant Program is being funded to support this goal. 2 Another major goal is to support public services that improve the health, welfare and safety of residents, especially the elderly, frail elderly, the homeless, persons with special needs and other vulnerable populations. CDBG activities include senior services; health care services; housing services to support affordable housing opportunities for first -time homebuyers and to prevent homelessness; fair housing services, transportation; childcare and youth services; employment training services; crime prevention and.elimination services; and services to persons with disabilities. Funding will also be used to fund the Code Blue Program to provide a warming center for the homeless. Funding this year will again be utilized to revitalize city parks central to neighborhood revitalization and the quality of life for individual and families residing in low/mod neighborhoods, as well as other neighborhood improvements. The Annual Action Plan for the HOME Investment Partnerships (HOME) Program, Year 2011 - 2012, addresses the City's goal to achieve quality housing for all residents. As in prior years, the City will continue to use an RFP process to implement the targeted housing rehab program to ensure the concentration of financial resources and a greater impact in selected neighborhood revitalization strategy areas, and to assist owners who need to repair emergency conditions. The City will also work with HUD, its technical assistance provider, banks and other national not - for - profit organizations to expand the capacity of nonprofit housing providers; thereby strengthening the City's housing programs and better leveraging private sector participation. The Annual Action Plan for the Housing Opportunities for Persons with AIDS (HOPWA) Program, Year 2011 -2012 continues services for the HIV and AIDS community. Housing for persons living with HIV/AIDS is provided through tenant -based rental assistance, short term /emergency housing payments (i.e., utility shutoff prevention), support for housing units in congregate care facilities, and support services such as food pantries. The Annual Action Plan for the Emergency Shelter Grant (ESG) Program, Year 2011 -2012 continues emergency services for homeless families at area shelters. The proposed funding will fund a continuum of care that will provide active outreach to seek homeless individuals and families in soup kitchens, shelters, in parks, abandoned homes and other places where homeless individuals and families are found. Legal representation will be provided to clients who face eviction in housing court or who face foreclosure because of delinquent property tax payments. ESG funds are also provided for rent payments, security deposits and utility payments. PUBLIC FACILITIES & IMPROVEMENTS 800,000.00 Park/Playground Improvements Park/playground improvements in low /mod neighborhoods. Improvements will include shelters, roof replacements, play structures, bleachers, and wellness & fitness infrastructure and security lighting. 90,373.00 Proqram Delivery- Public Facilities & Improvements Funding allocation for those costs (salary) directly associated with the improvement of various public facilities, which are included within the City's Annual Action and 5 -Year Consolidated Plans. 51,000.00 Livable Communities Block Club Grants Grants provided to Block Clubs and non - profit organizations for various beautification initiatives. 2,100,000.00 Public Improvements Improvements to streets /sidewalks /safety lighting in lowlmod neighborhoods throughout the city including the Medical Park and Fruitbelt neighborhoods. 400,000.00 Public Improvements - NRSA Improvements to streets /sidewalks /safety lighting in NRSA. 250,000.00 HEAL Building Rehabilitation Rehab of building for HEAL, a not -for- profit agency providing refugee services in the Grant Ferry community. 500,000.00 Public Facilitv improvements Improvements to public facilities in low /moderate income neighborhoods throughout the City of Buffalo. 4 675,797.00 Emergence Shelter Grant (ESG) [ESG] Regulatory funding designated to benefit the homeless community by affording them housing and quality of life opportunities where discrimination and/or lack of resources exist. The following are those who have been recommended for funding. City Mission 64,797 Community Action Organization 20,000 Compass House 45,000 Crisis Services 155,000 FLARE 33,500 Gerard Place 33,500 Hispanics United of Buffalo 32,000 Legal Aid Bureau of Buffalo 23,000 Lt. Matt Urban Center 75,000 Neighborhood Legal Services 60,000 Salvation Army 40,000 Saving Grace Ministries 30,000 VIVE 25,000 WNY Vets 24,000 YWCA of WNY 15,000 549,670.00 Housing Opportunities for Persons with AIDS (HOPWA) [HOPWA] Regulatory funding designated to benefit the AIDS community by affording them housing and quality of life opportunities where discrimination and /or lack of resources exist. The following are those who have been recommended for funding. AIDS Community Services American Red Cross Benedict House 185,000 176,303 188,367 5 1'r CLEARANCE ACTIVITIES 372,240.00 Clean & Seal - Clearance Salaries and supplies for the `Clean & Seal' Crew, which board -up vacant structures and improve vacant lots throughout the city. Coordination of the Clean & Seal Crew is performed by the City's Division of Citizen Services. 2,807,020.00 Demolitions -- Cit Jde Funding for the demolition of various structures which perpetuate slum and blight conditions or pose an impending hazardous condition (fire damage, etc.). This will compliment the City's annual bond appropriation. 60,000.00 Remediation BURR Site s Funding for the remediation of various BURA owned sites that have environmental concerns. 74,396.00 Pro ram Deliver - Demolitions /Clearance Activities Funding allocation for those costs (salaries and fringe benefits) directly associated with the demolition and clearance of various structures, which are included within the City's Annual Action and 5 -Year Consolidated Plans. 2,8.58,728.00 Public Services Public services for city residents. Services include, but are not limited to youth, senior, cultural enrichment, literacy and special needs (physical /mental handicapped). Advisory Board for Lovejoy Elderly & Youth- Seniors 87,720 African Cultural Center — Youth 69,690 Back to Basics — Substance Abuse 30,573 Buffalo City Mission — Code Blue Warming Program 55,000 Buffalo Urban League- Don't Borrow Trouble 45,573 Community Action Org. /Friends to Elderly — Senior & Youth Programs 29,771 Community Action Org. /Pratt Willert- Senior & Youth Programs 71,146 Computers for Children 50,000 Concerned Ecumenical Ministries — Senior 36,567 CRUCIAL Human Services — Youth 71,367 Erie Regional Housing Dev. Corp. /Los Tainos (S &Y) 89,623 Fillmore -Leroy Area Residents (Senior & Youth) 34,692 Gloria Parks HS /University Heights (Senior & Youth) 126,146 Hispanics United Of Buffalo (Senior Program) 25,573 Homeless Alliance 26,845 Housing Opportunities Made Equal — Fair Housing 75,573 King Urban Life Center — Youth Program 40,573 Legal Aid Bureau of WNY — Fair Housing 60,573 Legal Aid Bureau of WNY — Mortgage Foreclosure 30,573 Legal Aid Bureau -- Legal Services for the Elderly 14,234 Literacy Volunteers of WNY 13,091 Metro CDC — Senior & Youth Programs 95,573 Neighborhood Legal Services 35,573 North Buffalo CDC — Senior & Youth Programs 96,932 Northwest Community Center — Senior & Youth 246,519 Old First Ward — Senior & Youth Programs 57,194 Parkside Community Association — Youth Program 22,000 People, Inc — Handicapped Program 26,054 Police Athletic League — Youth Program 112,604 Polish Community Cente.rlMatt Urban — Sr. & Youth 169,146 Schiller Park — Senior Program 102,573 Seneca - Babcock HS — Senior & Youth Program 52,792 South Buffalo Community Center — Senior Program 134,573 Valley Community Association — Senior Program 25,573 West Side Community Services- Senior, Youth, Anti -Crime Program 154,146 West Side NHS 20,000 WNY Law Center (Anti - Flipping) 20,000 William- Emslie YMCA — Senior Program 42,573 150,000.00 Public Services — Medical Campus Public services pursuant to the strategy carried out by a community based development organization. Services include employment training for emerging jobs in the life sciences and health care industries. 210,000.00 Public Services — Community Policing & Crime Reduction Efforts Community policing along business districts and crime reduction efforts in low /mod areas of the City. I►Itw1 350,000.00 Public Services — Mid City NRSA Public Services pursuant to the strategy carried out by a community based development organization for youth job training and employment. 100,000.00 Downpa_yment Assistance Funding for down payment and/or closing cost assistance for eligible lowlmoderate income first time homebuyers. 250,000.00 Program Deliver - Homeownershi Assistance Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of homeownership assistance, which is included within the City's Annual Action and 5 -Year Consolidated Plans. REHABILITATION ACTIVITIES 1,350,000.00 Emeroenov Loan Pro ram Sin le /Multi le Units Program to assist eligible homeowners with various 'emergency' repairs, such as roof and furnace repair or replacement, repair of broken water and sewer lines, hot water tank replacement, or correction of hazardous conditions in the main electrical panel. Funding will be available city -wide, including outside of targeted areas. 7 500,000.00 Housing Rehab School 60 Rehab of School 60 for Veterans and special needs housing. 130,000.00 . We.atherization Program Funding to assist eligible homeowners with weatherization repairs aimed at improving the home's ability to withstand the elements, including insulation and weather - stripping as well as. improving energy efficiency including new windows and doors, and other similar improvements. 450,000.00 P..rograrn Delivery -CBO /.NHS Funds allocated as contractual awards to Community Based Organization (CBO) and/or Neighborhood Housing Services (NHS) to assist with the delivery of the City's Loan Programs and to provide matching funds for the City's and agency's loan programs. Contracts will be awarded to through an Request for Proposal (RFP) process that have shown the qualifications and resources needed to accomplish the City's goals within the 5- Year Consolidated Plan. 557,700.00 Program Delivery - Rehabilitation Loan Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (not -for- profit), which will administer the City's Rehabilitation Loan Program. 250,000.00 Program Delivery- Rehabilitation Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of rehabilitation activities, which is included with the City's Annual Action and 5 -Year Consolidated Plans. 760,963.00 Rehabilitation -CHDO [HOME] Mandatory set aside of 15% of the HOME allocation for certified Community Housing Development Organizations that undertake housing redevelopment activities, including acquisition /rehab /resale programs or other CHDO eligible affordable housing. 253,654.00 Rehabilitation -CHDO (Operating Costs) [HOME] Operating Cost allocation for those Community Based Organization (CBO) and/or Neighborhood Housing Service agencies (NHS) that are designated as Community Housing Development Organizations (CHDO), for various housing initiatives. 1,650,000.00 Rehabilitation -Loan Program (Owner Occupied) [HOME*] Funding. source for City's rehabilitation loan program for low- moderate income City residents to bring homes in targeted areas into compliance with local codes and to ensure adherence to lead based paint hazard reduction requirements. 2,126,162.00 Rental Rehabilitation /New Construction Multi l arrjil [HOME] Funding to rehabilitate and/or improve multi family structures, which are owned by investors and are within targeted areas of the city as designated within the 5 -Year Consolidated Plan. Funding will be available in other parts of the city but will be analyzed to ensure compliance within the City's 5 -Year Consolidated Plan. 372,239.00 Clean & Seat — Code Enforcement Salaries and supplies for the 'Clean & Seal' Crew, which board -up vacant structures and improve vacant lots throughout the city. Coordination of the Clean & Seal Crew is performed by the City's Division of Citizen Services. NEIGHBORHOOD IMPROVEMENT ASSISTANCE 50,000.00 Commercial District Business Improvement Pro ram Loans and grants to eligible businesses for improvements such as facades, roofs and security systems. 760,286.00 HUD Section 108 Debt Repayment The amount necessary for repayment of funds borrowed through the HUD Section 108 program. N D 1,811,319.00 Planning, Policy, Management Funding allocation for those costs (salaries and fringe benefits) directly associated with the planning, policy, and management of the City's Annual Action and 5 -Year Consolidated Plans. 30,000.00 Planning Study Development of model to measure success of after - school programs to be used as an evaluation tool for public service youth programs throughout the city. 1,123,772.00 General Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the general. administration of the City's Annual Action and 5 -Year Consolidated Plans. 532,309.00 General Administration - Home Investment Partnership Program HOME [HOME] Represents the 10% administration cost cap for the HOME entitlement g rant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 525,000.00 General Administration Wroaram Income Salaries and fringe for administration (program income). 29,686.00 EmeLgency Emergency Shelter Grant ESG Administration [ESG] Represents 5% of the ESG entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 15,659.00 Housing Opportunities for Persons with AIDS (HOPWA) Administration [HOPWA] Represents 3% of the HOPWA entitlement grant. it is the allotment for those costs (direct and indirect) associated with the administration of the funds. 235,000.00 General Admin -SURA Overhead Funding allocation for those administrative non - salary costs, office supplies, printing, postage, etc, associated with the administration of the City's Annual Action and 5- Year Consolidated Plans. 10 FROM THE MAYOR e EXECUTIVE DEPARTMENT January 25, 2011 FROM THE OFFICE OF STRATEGIC PLANNING 00603 2 (Rev. 1193) MULTIPLE PACE COMMUNICATION TO THE COMMON COUNCIL 0 „ 0 R . r` 61i 431 DATE: January 25, 2011 Strategic Planning Real Estate Permission to Designate Redeveloper Belmont Housing Resources of WNY 858 East Ferry Street PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Office of Strategic Planning, Division of Real Estate, has received a request from Belmont Housing Resources of WNY to acquire the property known as 858 East Ferry. In 1992, the City of Buffalo acquired 858 E. Ferry through tax foreclosure. The property is a vacant former industrial site consisting of approximately 3.82 acres of land and is triangular in shape with with 514 feet of frontage along East Ferry Street. The property is zoned M -1 and is encumbered by an easement for the Scajaquada Creek Dram that cuts through the middle of the property. The Property was part of a recent Ten Million Dollar New York State Dept. of Environmental clean -up of this site and off - site properties. It is remediated for unrestricted use. Belmont Housing Resources of WNY intends to construct a new 30 unit rental townhouse development. Total project costs are estimated at $8.8 Million Dollars. Application for funding for the project will be through the Department of Housing and Community Revitalization. The application will be submitted in February 2011. I therefore respectfully request that Your Honorable Body designate Belmont Housing Resources of WNY and or Housing Development Corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of one (1) year subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LISA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Two Hundred Fifty Dollars ($250.00.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as P. credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. E FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Designation 858 E. Ferry January 25, 2811 e_ Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1809 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local lave, 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. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than one (1) year from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire one (1) year from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Belmont Housing Resources of WNY or housing development corporation to be formed as the Redeveloper of 858 E. Ferry upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 858 E. Ferry, and forward to the Common Council for final approval of agreements for the transfer of title. DEPARTMENT HEAD NAME: JOHN P. HANNON JR. TITLE: DIRECTOR OF REALE STATE - OFFICE OF STRATEGIC f'"NING f: SIGNATURE OF DEPARTMENT HEA�v, JH /ms Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 25, 2011, be received and filed; and That the Common Council approves the designation of Belmont Housing Resources of WNY or housing development corporation to be formed as the Redeveloper of 858 E. Ferry upon the above terms. and conditions; and authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 858 E. Ferry, and to forward to the Common Council for the final approval of agreements for the transfer of title. Passed. E TA nnv tAwONmwordWnrA2eln25a.doc P k I A 6 t- � d 5 - r A / vl � )gin * AVE *NG* * FONTANA * ERANCZYK * * G®LGMBEK * x KEARNS * LOCURTG * RIVERA, * RUSSELL * SMITH x * * * Maj ® 5 2/3- G * x 3/4- 7 X '� G 0 0 f 0 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 18, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 1067 Genesee, 130.40'E Fillmore Lot Size: 50'x 150' Assessed Valuation: $7,500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David Pawlik representing Creative Structures Services, 210 Summer Street, Buffalo, New York 14222 to purchase 1067 Genesee Street. They intend to acquire 1067 Genesee as an assemblage with an adjacent lot for retail store development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. An independent appraisal of the property was conducted by Northeastern Appraisal Associates Commercial Inc. They have estimated the Fair Market Value of 1067 Genesee to be Eight Thousand Five Hundred ($8,500.00). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. Mr. Pawlik has agreed and is prepared to pay Eight Thousand Five Hundred Dollars ($8,500.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1067 Genesee to Creative Structures Services in the amount of Eight Thousand Five Hundred Dollars ($8,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsaleconcuri 067genesee /re JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING r- Mr. Fontana moved: '�-� i That the above communication from the Office of Strategic Planning dated January 18, 2011, . be received and filed; and That the offer from Mr: David Pawlik representing Creative Structures Services, 210 Summer Street, in the sum of Eight Thousand and Five Hundred Dollars ($8,500.00) for the purchase of 1067 Genesee, 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, TAB:nnv tAwp0mmordWmv 3cl- 25a.doc * AYE * NO * STi lQ 14 7 I r'l_ * FONTANA FRANCZYK * * * * * Maja5 * *� 2/3- 6 3/4- 7 " 000; #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 11, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 59 Guilford, 563.42' N Broadway Lot Size: 30'x 115' Assessed Valuation: $1,600.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Wayne Williams, 57 Guilford Street, Buffalo, New York 14212 to purchase 59 Guilford. Mr. Williams owns and resides at 57 Guilford, which is adjacent to 59 Guilford. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Mr. Williams has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty Cents ($.40) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 59 Guilford to Mr. Wayne Williams in the amount of One Thousand Four Hundred Dollars ($1,400.00). .I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL EST OFFICEGF SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsale59g u il#ordlre j Mr. Fontana moved: That the above communication f cam the Office of Strategic Planning dated January 11, 2011, be received and filed; and That the offer from Mr. Wayne 'Williams, residing at 57 Guilford Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 59 Guilford, 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. n TAB:rmv tAwp60wwaT&nnA4cl- 25a.doc j * AYE * NO * X FONTANA h' N � ¢ y� pyyy GOLOMBEK k x YEAS ('f g T LOCURTO .'ZC $��'t �1 PR.�.� /�.Y.Q_ N Y ERA M' RUSSELL SF SMITH * � K � A�p/?■qq 1 aj 9�" X + A ff 3/4- a 7 000 r / 1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 12, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 166 Rother, 641.69' N Stanislaus Lot Size: 30' x 97' Assessed Valuation: $1,500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Muhammad Abdul Muiz, 274 Sobieski Street, Buffalo, New York 14211 to purchase 166 Rother. Mr. Muiz owns a two family house at 166 Rother, which is adjacent to 166 Rother. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Cents ($.60), per square foot. Mr. Muiz has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 166 Rother to Mr. Mohammad Abdul Muiz in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN R HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFIQE -0F STRATF_GIC,PWNNING SIGNATURE OF DEPARTMENT HEAD:' JPH:ck RepsalelNrotherhe l Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 12, 2011, be received and filed; and That the offer from W. Muhammad Abdul Muix, residing at 274 Sobieski Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 166 Mother, be and hereby is accepted; and That the transfer tax, recording fees and cast of legal description shah be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 5 T.B:rmv t: lwp6ftwwordlrmvl5el- 25a.doc AYE NO x FONTANA / '�h+�Y f y 2 'K �I TY �� FJ. A Y C JL K ?C yaxy'��/ ■Yg KEARNS /'i$�y g /�� L OCURTO 7C - 5i � �j g�T PRIDG RIVERS RUSSELL SMITH iC 7i 9Y X Maj ° 5 x x 2/3 6 7f 1 fi 9C I 314 ° 7 $C 00007° #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 12, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 129 Stanton, 270'S Peckham Lot Size: 30'x 105' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Justine Thompson, 127 Stanton Street, Buffalo, New York 14206 to purchase 129 Stanton. Ms. Thompson owns and resides at 127 Stanton, which is adjacent to 129 Stanton. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no Building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Ms. Thompson has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Five Cents ($.55) per square foot for the subject property. 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 129 Stanton to Ms. Justine Thompson in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 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 le l 29stantonlre JOHN P. HANNON, JR. DIRECT_O_ F REAL ESTATE OFFIE OF STRATEGIC PL- ALINING v Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 12, 2011, be received and filed; and That the offer from Ms. Justine Thompson, residing at 127 Stanton Street, in the sum of One Thousand and Seven Hundred Dollars ($1,740.0€1) for the purchase of 129 Stanton, 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 rAB:rmu t:Iwp601+UMordlnnvi6cl- 25a.doc P 3 W4,M]WOi Maj a 5 x 213- 6 * x 3/4- 7 x x FROM THE COMPTROLLER January 25, 2011 <3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 13, 2011 FROM: DEPARTMENT: Audit and Control SUBJECT: [:Buffalo Municipal Water Finance Authority [:Basic Financial Statements and Required [:Supplementary Information as of and for the [:Year Ended June 30, 2010 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C,P. xx]xxixx) This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Finance Authority for the year ended June 30, 2010, and Report of Independent Auditors, Drescher & Malecki LLP, have been distributed to members of the Buffalo Municipal Water Finance Authority, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons, SIGNATURE a- DEPARTMENT HEAD TITLE (Andrew A. SanFilippo Comptroller G :kCC WaterAuth REFERRIED TO '` T COMMITT ON . 00009 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 13, 2011 FROM: DEPARTMENT: Audit and Control SUBJECT: [:Buffalo Water Board [:Basic Financial Statements and Required [:Supplementary Information as of and for the [:Year Ended June 30, 2010 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.C.P. xx/xxlxx 0 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the year ended June 30, 2010, and Report of Independent Auditors, Drescher & Malecki, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. SIGNATURE - ry DEPARTMENT HEAD TITLE ndrew A. SanFilippo Comptroller G.kCC WaterBd.doc REFER TO T IT TEE A M E� ; 0 1 ;; TO: THE COMMON COUNCIL DATE: FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: January 20, 2011 In Reny 44 Auction Report The City of Buffalo In Rem 44 Auction took place on October 25, 26 and 27, 2010 at the Buffalo Convention Center. Properties, lots and other parcels that were delinquent on Fiscal Year 2008 -2009 city taxes and fees were auctioned. The auction number is sequential and increases each year. The winning bidder is absolved of all prior debts on the property acquired. However, any housing court issues related to the property become the responsibility of the new owner. A property can be included on the In Rem 44 foreclosure list for one or more criteria: • City of Buffalo Property Taxes in arrears • User Fee Payments in arrears • Water and Sewer Bills in arrears Current property owners are notified that they will be included on the foreclosure list if arrears payments are not made current. A property owner can be removed from this foreclosure list as late as the day of the auction by: • Becoming current on their arrears • Arranging for a court order payment plan • Entering bankruptcy protection While we find the In Rem auction to be professionally run and organized, we offer this report to further inform the Council and general public about this annual event, and provide our observations and suggestions for future improvements where possible. If you have any fiirther questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: Andrew A. SanFilippo� Ex TITLE: Comptroller SIGNATURE: "O "HE TE N FA. r, CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL N REM 44 AUCTION REPORT OCTOBER 25, 26, 27, 2010 ANDREW O COMPTROLLER DARRYL McPHERSON CITY AUDITOR BACKGROUND INFORMATION The City of Buffalo In Rem 44 Auction took place on October 25, 26 and 27, 2010 at the Buffalo Convention Center. Properties, lots and other parcels that were delinquent on Fiscal Year 2008- 2009 city taxes and fees were auctioned. The auction number is sequential and increases each year. The winning bidder is absolved of all prior debts on the property acquired. However, any housing court issues related to the property become the responsibility of the new owner. A property can be included on the In 'Rem 44 foreclosure list for one or more criteria: • City of Buffalo Property Taxes in arrears • User Fee Payments in arrears • Water and Sewer Bills in arrears Current property owners are notified that they will be included on the foreclosure list if arrears payments are not made current. A property owner can be removed from this foreclosure list as late as the day of the auction by: • Becoming current on their arrears • Arranging for a court order payment plan • Entering bankruptcy protection The primary scope of this audit report was the 2010 In Rem 44 financial information and auction results. For comparative purposes 2009 In Rem 43 auction proceeds are referenced. All City of Buffalo In Rem Auctions involve a great deal of coordination among many City Departments, The Department of Assessment and Taxation is the lead department, identifying the properties for auction and setting the starting bid. The Treasury Division accepts, deposits and receipts all auction proceeds. The Director of the Treasury is the Auctioneer. The Division of Audit audits the validation of the winning bid amount and the receipt and recording of the payment. The Management Information Systems Department (MIS) manages the technical needs of the Auction through a contract with an outside vendor Algonquin Studios whose customized software known as SIRF (System In Rem Foreclosure) provides the infrastructure to manage the Auction. Algonquin technical support personnel are on site during the auction. The Law Department also has a representative present. Other departments contributing manpower to the Auction include the Buffalo Sewer Authority, the Division of Accounting and the Department of Public Works, Parks and Streets. Convention Center Auction Logistics To participate in the auction, all bidders must register. There is no charge. Registration can be dome in advance online or at the auction. All bidders sign in the day of the auction in the lobby of the Convention Center and receive a bid paddle with a number. The main auction roam is set tip with an elevated auction table at the front of the room. The diagram below depicts the roles and responsibilities handled at the main auction table. HEAD AUCTION TABLE The Director of the Treasury as the auctioneer announces the property and opening bid. If there is a successful bidder, the Assistant Treasury Administrator enters the successful bidder paddle number and the final bid amount into the SIRF software on her laptop personal computer. The Senior Auditor confirms the bidder and the amount in the SIRE screen on his laptop personal computer. The successful bidder goes to a Payment area set up along the far side of the Auction Room. 2 The payment area was set up with four payment stations each staffed with a team of three individuals. The diagram below depicts the roles and responsibilities handled at a payment station. IN REM PAY S rATION E NDiFI4 LE Aura rcr> LL -P- The Memorandum of Sale (MOS) person enters the bidder number in SIRF which displays the property successfully bid. The purchaser tells the MOS person the amount they will pay, e.g. minimum. due 20% of the purchase price, full payment or an amount between the minimum and full payment. The MOS contract is printed in duplicate and the bidder /purchaser signs both copies. The Auditor is given the signed Memorandum of Sale which is reviewed for the amount to be paid. The MOS is given to the Treasury Teller who takes the payment from the purchaser, records the receipt in SIRE, stamps the MOS as paid, retains one copy and returns one copy to the Purchaser as a receipt. Each teller has an open cash drawer where the cash is kept. As the day progresses the teller bundles the cash and balances to the SIRF total. At the end of each day the tellers balance their total receipts. The auditors monitor the teller's revenue reconciliation. A bank deposit slip is filled out by the Teller and the money is placed in a deposit bag in the possession of a Treasury Administrator. The deposit is brought to the Treasury Teller Room in City Hall by the Treasury Administrator under police escort. The deposit is then picked up by armed guards and deposited into the M &T Clearing Account. Initial Auction Totals 2010 versus 2009 3 2010 2009 Variance In Rem 44 InRem 43 Amount % Winning Bid Totals $5,993,100 $4,570,400 $1,422,700 31% Number of Successful Bids 1,039 826 213 26% Number of Properties Auctioned 1,914 3,304 (1,390) -42% of Properties Successfully Bid' 545 4 . 25% Average Bid Amount $5,768 $5,533 $235 4% ' Successfully Bid, Closing is then contingent on Complete Payment 3 Based on prior year's experience, a certain percentage of the bids will not close. Buyers may opt not to complete the purchase or previous owners may obtain last minute bankruptcy protection. Of the 826 properties successfully bid in the 2009 In Rem 43 Auction, 84% actually closed; this equated to $3.9 million of the original $4.6 million bid. Proceeds from the auction are applied to past due amounts owed to the City and the County. If the bid amount exceeds the amount owed the surplus is turned over to the Erie County Comptroller for a period of years. During the 5 year period, lien holders may petition for money owed to them. Subsequent to the 5 year period, any remaining funds are turned over to the State of New York. During fiscal year 2010 the City of Buffalo remitted $1.4 million to the County related to surplus In Rem 43 funds. Proceeds from In Rem 44 The total amount paid on auctioned properties during the 3 day period totaled $1,457,765. This amount is broken down into $1,446,790 for foreclosure fees and $10,975 for filing fees. A remaining balance of $4,535,335 was pending at the conclusion of the auction on the 1039 properties purchased during the auction. Bidders had until December 18, 2010 to pay any remaining balance. Auction Proceeds During Auction Auction Day Proce Proces by E ach T eller $200,000 $180,000 $160,000 $140,040 $120,000 $100,000 $80,000 $64,000 $40,000 $20,(300 $0 Monday 25 -Oct 0 Tuesday 26 -Oct weclnesrlay 27 -tact . 4 Teller I Taller 2 Teller 3 Teller 4 Mon 25 -Oct Tires 26-Oct Wed 27 -0ct Total Teller 1 127,380 164,985 75,355 367,720 Teller 2 124,825 122,580 74,000 321,405 Teller 3 147,570 125,210 114,520 387,300 Teller 4 101.825 187.310 92.205 .381,340 Totals _ S501,600 $600 _ S356 , 090 __ $1,457,765 Auction Day Proce Proces by E ach T eller $200,000 $180,000 $160,000 $140,040 $120,000 $100,000 $80,000 $64,000 $40,000 $20,(300 $0 Monday 25 -Oct 0 Tuesday 26 -Oct weclnesrlay 27 -tact . 4 Teller I Taller 2 Teller 3 Teller 4 Revenue received from selling In Rem 44 property listing Auction participants who wish to purchase an up to date list of the properties which will be offered are required to pay a $5.00 fee for this information. Most lists are purchased at registration. The amount of money taken in during the three day auction is directly deposited into the foreclosure fee account. Based upon the amount of money that was deposited into the Treasury from the sales of these lists, $6,565 was verified by auditors in the MUNIS system. This equates to approximately 1,313 foreclosure listings sold at the $5 price. A $265 invoice showed 500 lists were printed in the Print Shop. Auditors were told the remaining lists were printed on copiers in the Assessment Department. To aid in the internal control of this revenue, we recommend some controls be implemented to track the quantity of lists printed and the associated revenue. In this manner, matching items sold to revenue would be greatly enhanced. e Dumber of paddles not returned at the end of the three day auction. When an individual registers at the auction they are assigned a bidding paddle. They sign a form stating that it must be returned by the end of the auction or they will be charged $20 for any non - returns. When we followed up on how many paddles were not returned, we were told by the Department of Assessment and Taxation that they were first going to make phone calls to the people who had not returned the paddle. If there was no response to return the paddle, an invoice would be sent to the individual's home for the $20 fee. We feel that a small deposit fee would encourage customers to return paddles at the end of each auction day. Auditor Observations and Recommendations regarding In Rem Auction 44. > First day setup of computers at Memorandum of Sale table was delayed nearly one and a half hours after the auction started due to dual use in registering bidders in the lobby. A cost benefit analysis of renting additional computers to eliminate sharing should be done. The police presence should be strategically placed to create a stronger sense of security. Positioning the police near the entrance, the auction table and the In Rem pay station would heighten the notion that the proceeding is being monitored and reduce the likelihood of unruly disturbances. A General Information booth should be centrally located at the, auction. This could be a place where all departments related to auction activity could be available to answer the many questions that arise throughout the day. ➢ Preregistered bidders should be able to enter the auction at an express table, thereby reducing the crowd of bidders at registration. > The final sale area could use more than one omnipresent manager to direct traffic, address bidder concerns and otherwise be available to handle issues not directly involved with individual sale transactions. Treasury positioned an assistant administrator in this role during the auction. An additional person would be helpful. Signage directing bidders where to go for specific inquiries should be used throughout the Convention Center. Signs at the auction were either waist level, hand-made or not present at key locations for the auction. 9 The identification process at registration is very time consuming along with the number of forms that must be signed by bid participants. Information scanning should be explored which could be uploaded into the SIRF software, thereby decreasing misspellings and input errors. > During the auction, personnel at the Memorandum of Sale position were not consistent in the directions given to buyers on what lines should be signed on the MOS. Winning bidders who declare they made a mistake on being the winning bid should be disqualified from bidding if they repeat the mistake twice during the course of the auction. One error in bidding is entirely plausible, but numerous times during the auction could lead to a bid scam of a property hoping to get the property for far less with the help of another bidder. Cell phone usage at payment table should be contained. Customers should be asked to move out of line until they are ready to complete the transaction of purchasing the property. Too many distractions lead to errors and causes delays in the payment process. Conclusion with Recommendations In Rem Auction 44 proved to be one of the busiest auctions in recent history. A total of 1039 parcels were sold clearly outpacing In Rem 43 by 26 %. Close to 50% of the properties and lots up for auction in 2010 were bid successfully. Consequently, auction commitments grew close to the six million dollar mark. Beautiful weather, the economic climate, low interest mortgage rates and individuals searching for bargains may have led to these record totals. The Audit focus going into the auction was how revenue payments were monitored for accuracy. The SIRF (System In Rem Foreclosure) software enables an accurate and reliable record of the sale. It should be noted there were no Teller Shortages during the course of the auction, an excellent accomplishment. Another cash item of Audit interest was the sale of City of Buffalo In Rem 44 property listings for $5.00. Next year we feel that an opening inventory and closing inventory of these lists be verified by an auditor at the beginning and ending of each auction day. This would r provide a more accurate number of items sold and revenue received. A separate table could be set up to sell these lists to potential bidders without causing delays at the registration table. We also feel the police presence should be enhanced. The sense of security would increase if an officer was posted at the entrance of the auction site and another armed officer was positioned behind the Tellers. Convention Center doors directly behind the Tellers should be securely closed. Signage with clear directions along with an Information Booth manned by knowledgeable City department staff would be beneficial. A FAQ (frequently asked questions) handout should also be developed to inform potential bidders about the auction experience. This would definitely help quiet the hectic front auctioneer table. We feel the other suggestions and observations mentioned earlier in this report could add positive results for auctions going forward. Overall the auction process has advanced significantly from its infancy and progressed to become an effective and professional operation. These suggestions are meant only to enhance the auction experience into the future. 0011 TO: THE COMMON COUNCIL DATE: January 21, 2011 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Implementing Use of Automated Funds Transfer Program for the Payment of City Bills. Item No. 76, C.C.P., 01/11/2011 In response to the Resolution "Implementing the Use of an Automated Funds Transfer Program for the Payment of City Bills," I have met with various parties involved and recommend the following: The City of Buffalo currently has an option on the City website, www.city-buffalo.com to pay City fees, bills and taxes online with a Visa, Mastercard, Debit card or by directly debiting the payer's bank account, but no option to set up a schedule of future payments from a designated bank account or credit card. I have been informed by the Management Information Systems (MIS) Department that it is possible, and relatively simple, to set up a system in which the payer can schedule automatic future payments, and receive e -bills instead of paper bills. There is no Charter requirement preventing the City from offering such a system, and it is in fact in place in many other municipalities. Because of these factors, I support this process, and considering the minimal cost to the City to implement the auto -pay system, the convenience for City residents, and the savings incurred by the City in less postage and paper expense, I suggest that all parties necessary in developing the technology and policy meet and form a plan of action, including a cost benefit analysis, as soon as possible, to be examined and approved by the Common Council, the Administration:, and my office. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: TITLE: SIGNATURE: Andrew A. SanFilippo J_s FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS January 25, 2011 000.,E SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 01/14/2011 FROM: DEPARTMENT: Management Information Systems SUBJECT: [:Implementing use of an automated fund transfer [:program for the payment of city bills G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Item No. 76 CCP January 11, 2011 City of Buffalo currently has the technolgoy and process in place for on demand transfer of funds for paying city bills. Department of Management Information Systems will work with Division of Treasury, Department of Assessment & Taxation, Division of User Fee & Collection and Water Board to extend the current process to allow citizens to opt for automated payment of bills on the appropriate due date and also receive electronic notification of all corresspondence related to city bills. j , SIGNATURE DEPARTMENT HEAD ITLE : Raj Mehta, Director RE-FERR!'z- 1 THE COMMITTEE ON FINANCE. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 01/14/2011 FROM: DEPARTMENT: Management Information Systems SUBJECT: [:Real Time Transparency in the City of Buffalo through [:live streaming PRIOR COUNCIL REFERENCE: (IF ANY) Ex. [Item No. xxx, C.C.P. xx /x)dx_x1 Item No. 77 CCP January 11, 2011 Department of Management Information System staff is agressively working with Common Council Staff and Division of Telecommunication in acquiring the necessary technology and subscription to enable live streaming. J SIGNATURE DEPARTMENT HEACTLE: Raj Mehta, Director REFERRED ' C ON FINANCE. E ei FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS January 25, 2011 0 ( 3 ) 0 '. ##1 (Rev. 1/93) S PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 19, 2010 FROM: DEPARTMENT: public Works, Parks & Streets DIVISION: WATER SUBJECT: (: Permission to engage services of Consulting Engineer (: for the Rehabilitation of Waterline Insulation, Leak [: Repairs, and Waterline Replacement over Kensington [: Expressway [: Masten PRIOR COUNCIL REFERENCE: (IF ANY) [: Item 23 of 12/23/08 Ex. (Item No. xxx C.C.P. xx /xx /xx) TEXT. (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for the rehabilitation of waterline insulation, leak repairs, and waterline replacement over the Kensington Expressway and miscellaneous construction phase services. The costs for consulting services are estimated not to exceed $150,000.00 and the construction cost is estimated to be $1,000,000.00. The funds are available in Division of Water account(s) 53210716 445100 53200696 445100, 53023517 473020, and 53220736 445100. This was previously approved, however account number 53220736 445100 was added dine to funding. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: i Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 19, 2011 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire a consultant to provide design, bid and construction phase services for the rehabilitation of waterline insulation, leaf repairs, and waterline replacement over the Kensington Expressway and miscellaneous construction phase services. Funds for this project are available in Division of Water account(s) 53210716 445100, 53200696 445100, 53023517 473020 and 53220736 445100. Passed. 11 TAB:emv TAwp601msivor&nnvA 10- 25a.doo G AYE NO * FONTANA * FRANCZYK * GOLOMBE * KEARNS L®CURTO 7C PRIDGEi® i 3ti RI T ERA 9C 9i Yi RUSSELL � SMITH M - Rl tC✓1 �+� ` � 2/3 6 3/4- 7 * 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL tt ^^ V� TO: THE COMMON COUNCIL DATE: January 19, 2011 PROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Release of Retention [: Contract No. 92010987 [: Energy Performance — Traffic Signals PRIOR COUNCIL REFERENCE: (IF ANY) [: I hereby submit to Your Honorable Body the following request to release retention for the subject contract. The contractor has completed the traffic signal portion of the project for which retention has been held. It is respectfully requested that Your Honorable Body authorize a release of retention for Wendel Energy Services, Contract No. 92010987. SJS /PJM /EDS CC: Comptroller William Heinold TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: i (cco1191 Ldoc) t i A Mr. Fontana moved: That the above communication ication from the Commissioner of Public Works, Parks and Streets dated January 19, 2011, be received and filed; and That the Commissioner of Public Works, parks and Streets be, and he hereby is authorized to release the retention for Wendel Energy Services,. Contract NQ. 92414987 for Energy Performance -- Traffic Signals_ Passed 1 2 �J a * AVE NO FONTANA FRANCZVK GOLOMB EK * LEARNS a� L®CURTO *` PRHDGEN RIVERA RUSSELL SMITH Maj =5 0 x 2/3- f 314- 7 �` #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 18, 2011 0 0 _u. FROM: DEPARTMENT; Public Works Parks & Streets DIVISION: Buildings SUBJECT:; Report of Bids [; Polonia Hall [: Roof Reconstruction [: Job #1049 : Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [ (EX.: Item No. CCP } TEXT: advertised for on December 7, 2010, and received the following formal sealed bids for Polonia Hall, Roof Reconstruction,. which were publicly opened and read .on December 28, 2010. Weaver Metal & Roofing $163,665.00 40 Appenheimer, Buffalo, NY Progressive Roofing $166,000.00 331 Grate, Buffalo, NY Jo A. Sanders & Sons $178,341.00 P O Box 814, Buffalo, NY Grove Roofing $213,500.00 931 Beading, Buffalo, NY Jameson Roofing $245,645.00 3769 E Lake Rd, Dunkirk, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal & Roofing with a bid price of One Hundred Sixty Three Thousand Six Hundred Sixty Five and 001100 Dollars ($163,665.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 33320606 445100 e Buildings. ` /PJMIDDC /dlg cc; Contract Compliance Office J. Schollard, Buildings J. Jacobs, Buildings �tq Department Head Name; Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: V� Mr. Fontana moved: That the. above communication from the Commissioner of Public Works, Parks and Streets dated January 18, 2011, . 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 Polonia Hall, Roof Reconstruction to Weaver Metal & Roofing, the lowest responsible bidder, in the amount of $ 163,665.00. Funds for the project are available in 33320606 445100 - Buildings. Passed, 13 TAB: t:lcvp60 msword�mv\13cl- 25a.doc *AYE *N®% FON ANA % x % FRANCZYK GOLOMBEK % KEIIRNS LOC R O X PRIDGEN tiC SH RI Y EAiG'X 3[ $S X % RUSSELL % BYRON W. BROWN MAYOR January 10, 2011 00017 C IT Y OF B UFF A LO DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS - pla-0tu- f-d h-V-40--1 City of Buffalo Common Council 65 Niagara Square Buffalo, NY 14202 Dear Honorable Common Council Members: 1 STEVEN J. S`I'EPNIAK '1Si�iISSTOi�1 =,R A ER J. MERLO, P. E. CITY ENGINEER The City Animal Shelter is a project partner of Maddie's Pet Rescue Project, which is a family foundation established in 1999 to help fund the creation of a no -kill nation where all healthy and treatable shelter dogs and cats are guaranteed a loving home, Since its inception, Maddie's Fund has awarded animal welfare organizations and universities more than $84.7 million to save animal lives. The City Animal Shelter has just received our subsidy funds for year one of the Maddie's Pet Rescue Project in the amount of $15,150,00. The Shelter has also received a bonus check for $5,400.00 for surpassing its adoption goal for year one. The money is meant to be used towards shelter growth and to promote the shelter by advertising for foster homes, adoption events, purchasing new equipment, attending workshops, and so on. It is also meant to be used towards veterinary expenses. T am requesting the Common Council's approval of the acceptance of these funds. Thank you for your time. Sincerely, � t { Kelly McCartney Director of Animal Control cc Steve Stepniak, Commissioner of Public Works Paul Sullivan, Director of Streets 1 65 NIAGARA SQUARE / 502 CITY 14,U,T_ / F3CJFF.A.I,0, NY 14202 -3373 / (716) 851 -5636 / FAX: (716) 851 -24201 / Email: sstepnial; @city- buffalo.corn Mr. Fontana moved: That the above communication from the Commissioner of Public. Works, Parks and Streets dated January 10, 2011 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to accent on behalf of the City Animal Shelter the amount of $15,150.00 fund for year one of the Maddie's Pet Rescue Project and a bonus check for $5,400.00. Passed. 14 rAB;nv T:*p6©\msword\nn%AI4c 2ss.aw AYE NO FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO do PRIDGEN Al IVERA RUSSELL SMITH R 7t maj a 5 2/3- 6 314 - 7 00 I_ SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1120111 FROM: DEPARTMENT: Public Works /Streets SUBJECT: [:Request to Purchase Vehicle PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx Purchase & Deliver (1) Chevy 2010 Silverado Pick up Truck from State Bid Contract for Division of Buildings. This is not to be a "Take Home Vehicle" TOTAL $ 28,010.06 Funds to come out of 33310106 - 445100 This is not to be a "Take Home" Vehicle, SIGNATURE DEPARTMENT DEAD TITLE: COMMISSIONER OF PUBLIC WORKS SJS /PJM /CMB J?� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 20, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets and Director of Purchase, be, and they Hereby are authorized to purchase the above listed vehicle in the amount of $28,010.06 upon the condition that there be no increase in the number of vehicles designated as authorized for take -home use. Funds for the purchase are available in account 33310106445100. Passed. 15 TAB.mnv tAwOMmswordlrmv%15e1- 25a.dva 'A l� AVE NO FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PP,JDGEN RIVERA RUSSELL SMITH Maj 5 2/3- 6 3 /4- 7 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES January 25, 2011 Pjc, SC"q(AL a CITY OF BU M� �- DEPARTMENT OF PERAUT & INSPECTION SERVICES - Byron W. Brown, Mayor James Comer ford, Commissioner The following as the meeting schedule for the Examining Board of Plumbers in 2011. All meetings to be head at 4:30 p.m. in rm. 325 I ) Jan. l 1 th 2) Feb. 8th 3) March 15 4) April 12 5) May l7th G) June 2 Summer recess 7) Sept. 13th 8) Oct. l 1. 9) Nov. 8 10) Dec.10 Journeyman exams will be given in Rm. 312 on the following days: 1) March loth 2) Oct. 20 OFFICE OF NEW CONSTRUCTION / 1VIECHANICAL INSPECTIONS 65 Niagara Square, Room-312 City Hall - Buffalo, New York 14202 -3303 Phone: 716- 851 -5067 «Fax: 716 -851 -5506 RECEIVED AND F ILED ,t 41 (Rev. 1193) Sin le Pare Coin munication to the Common Council 1 2 1 9 To: The Common Council: Date: December 30, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: Type '.n pper and I r: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. ( Item No xxx C C.P. xx/xx/xx Text ( Type 5in,,,� 1e Space Below Second Hand Dealer 561 Delaware .(Ellicott) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 561 Delaware Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Harold Richardson. The attached thereto for Harold Richardson d /b /a/Harold's Curiosity Shoppe. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO SHE COMM ITT EE ON LEGISLATION. Type Department Head Name: Type Title: Signature of Department Head: JC:Ps:id o 11 n T"." WT e.: , ! Date: December 30, 2010 To: ;Tames Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE. Common Council Communication Second Hand Realer at 561 Delaware Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Speond Hand Dealer License application to the Common Council; i f L ; Zoning Office a dire Prevention I U A wilding Inspection =Police Department ,Police Record Check Application s� 1 Date CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HAROLD'S CURIOSITY SHOPPE LICENSE TYPE: SECOND HAND DEALER NEW LICENSE 2011 BUSINESS ADDRESS: 561 DELAWARE BUSINESS PHONE: - COUNCIL DISTRICT: UN POLICE DISTRICT: 00 APPLICANT NAME: HAROLD RICHA.i DSON APPL. PHONE: 716 -8564 APPLICATION NUMBER: 560547 REFERRAL DATE: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW *** f"l- INSPECTOR RM# EXT } -6. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpr CITY OF BUFFALO OFFICE OF INCENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGER.ALD APPLICATION FOR: HAROLD'S CURIOSITY SHOPPE LICENSE TYPE: SECOND HAND DEALER NEW LICENSE 2411 BUSINESS ADDRESS: 561 DELAWARE BUSINESS PHONE: - COUNCIL DISTRICT: UN POLICE DIS'T'RICT: 00 APPLICANT NAME: HAROLD RWHARDSON APPL, PHONE: 716 -8564 APPLICATION NUMBER: 56 0547 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ('T'O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS.- AW d5e INSPECTOR RM# EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANE YOU. AppSlipZrpr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: HAROLD'S CURIOSITY SHOPPE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 561 DELAWARE BUSINESS PHONE: - COUNCIL DISTRICT: UN POLICE DISTRICT: 00 APPLICANT NAME: HAROLD RICHARDSON APPL. PHONE: 716 -8564 APPLICATION NUMBER: 560547 REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) C A� V ROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** mfoRMTf INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANE: YOU AppSlip2rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT mm REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HAROLDS CURIOSITY SHOPPE LIC TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (716) 3622552 LIN 00 HAROLD RICHARDSON (716) 856 -4369 544373 08/14/2006 p w`° n @ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: 017 DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: / AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpt P-147C (REV 9/08) APPLICATION RELEASE FORM 10- 13 - E Buffalo police Department s DT° — AN Identification Section 74 Franklin Street Buffalo, New York 24202 f 0 There is a $10.00 fee to process this data. By mail, payment MST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self-addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without Natal compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST DE ORIGINAL SIGNATURE OF APPLICANT �. STATE OF NEW YORK } COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the day of Lp �,� fi , 20, before me personally appeared �' , to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. t 'ttnaLr 1 UMIt, r vi J.✓ccua tNO TO DE COWLETED BY IDENTIFICATION SECTION PERSONNEL'�*CORD ATTACHED VERIFIED BY: RECORD ON FILE BATE VERIFIED NOTE: USE OF TMS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. VALID UNTIL ffAMM BUFFALO POLICE DEPARTMENT CRIMINAL INVESTIGATION DEPORT DATE OF INQUIR 1210612010 11 :22:( THE FOLLOWING REPORT IS NOT BASED ON FINGERPRINT IDENTIFICATION AND INCLUDES ONLY ERIE COUNTY ARRESTS. NAME: RICHARDSON, HAROLD J DATE OF BIRT11 RACE: Black SEX: M ADDRESS: 391 WASHINGTON ST BUF, NY 14202 DUE, NY 14202 SOCIAL SECURITY #: PCN: 07183528 NYSID: BOOKING /ALIAS NAMES: RICHARDSON, HAROLD J WA.RRANTIWANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCIES WITHIN ERIE CO UNTY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 11/0711997 BUFFALO POLICE DEPARTMENT CO 69/69 02 REFER TO., BUFFALO POLICE DEPARTMENT CO 69/69 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 220.03 REFER TO: BUFFALO POLICE DEPARTMENT Fri NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAG E: 1 v� V PR R (NO. OF RS ._.. —) DATS / } —&—'C—&JMl&Ad—APFUCANr ROME , , i -rf_, INCO Y r' y sal 7,X L o ., 3 p (PAIR® OMY'} CJVE SCUD= OF BATHS PROPOSM TO — - -- _ • � t k 9 iig w xo r r Ywk f✓►� I (Rev. 1/93) Sin 1e Page Communication to the Common Council � 4: To: The Common Council: Date: January 5, 2011 From: Dep artment of Economic Development. Permit & Inspection Services Division: Office of Licenses J Type in Upper and 1 Lower Case Only - 1 Subject: [: Used Car Dealer [: 50 Sycamore (Ellicott) C� Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Tpe Single Space,Bclow Pursuant to Chapter 251 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 50 Sycamore. and find that as to forth is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Bennie Caudle. The attached thereto for Bennie Caudle dba/ Ben's Tire Center Inc. This request is submitted for your approval or whatever action you deem appropriate, Type Department Head Name: TAMES COMERFORD Type Title: Signature of Department Head: JUPS:jad R TO THE COWTH (i) 0 N UEEG I S L Ak kr i 0 N. t t Date: January 5, 2011 To-. .lames Comerford, Commissioner From. Patrick Sole Jr., Director of Permits & Inspection Services RE. Common Council Communication Used Car Dealer at 50 Sycamore Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for lised Car Dealer License application to the Common Council: .r Zoning Office Fire Prevention ' Building Inspection Police Department Police Record Check Application CITY OF BUFFALO ' OFFICE OF LICENSES BUSINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: 301 CI'T'Y HALL POLICE DISTRICT: BUFFALO, NEW YORK 14202 APPLICANT NAME: INSPECTION/APPROVAL REQUEST APPL. PHONE: AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE. USED CAR DEALER BUSINESS ADDRESS: 50 SYCAMORE BUSINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716)891-0281 APPLICATION NUMBER: 559502 REFERRAL DATE: 08116]2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: A � vo DISAPPROVED DATE: IIaiTE 1 DISTRICT CAPTAIN: APPROVED DISAPPROVED NEW LICENSE 201`1 DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS. COMM. .. � L OIYiM• OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App+S Fp2. rpt r_147C V. 3196)1 APPUCATIOX.MW F O RM �t 'ST' be made by M o sey, Order: DO NOT send cash 1ko� tl There is it $10j)o fee to process this date. By Ym order le to ire �.n; payffit cox be wade by money order or cash. Checks a gotccepd: ivlaic� money. ' ]B Police IDepartient Iete all the Be s to inol de moped, self addressed envela� andsat this v b 'NO Public (or) Ce issioner of Dom, : forma on lisird below and lave your idtu#ficat4 NOT receive there ixeste listed on the bottoms ofd application, Without total'eoznpllance to these it .coos , YOU WILL h1L- L%-� u! pqttmu - ip DA Mqu }o acts II IG apl APII�' STATE OF NEW YORKK COUNTYOFEW Crly OF BLIWFALO ) � (fin the 1 " daY of 00G ' fw . , before me persoaallY apP ' aatd o e%eOu ke forg i and to me 1novm to be the smc person' des�%be� ice, �. �e exertion them , Arrest Date Booking # Incident Booking Name First Alias Charges CM Law Sscbm Sub Alt Cl Cat Deg NCIC Deamiplion 01/09/1974 BUF 74-00055BE CAUDLE, BENNIE Z PL 2.65.40 x x 0 74-05665-99 (A) CAUDLE, BEN NEW * Not based on Fingerpfints STATE OF NEW YORK ERIE COUNTY PEOPLE OF THE STATE OF NEW YORK 7S. AMHERST TOWN COURT CRINTIN BENNIE M CAUDLE; Defendant CASE NO: 02100611 Date of Arrest: 10/12/2002 DOS: -v` Disposition Date: 04/01/2003 JC501 no: 56 235039M Adjudication Date: 04/01/2003 NYSTD no: 1608796L Sentence Date: Section Section Ticket No & Charcied Di a d ® cri tion Dis o iti n Fine Civil-Feg Surch VTL VTL LN974032 3 119203 119203 OP MV lNTOX 2ND INDICTED 0.00 0 00 0 00 VTL VTL LN974032 3 119202 119202 OP MV —ILL %a ALC INDICTED 0.00 0.00 0,00 VTL VTL LP643739 5 Upon a proper request for an official statement of disposition, Y certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 1st day of September 2010 James V. Loughran, C urF Administrator For: Hon. Mark G. Farrell NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. VTL VTL LP643738 4 031901 0 19 01 Uninsured - LA V INDICTED - 0.00 0.00 0.00 lx\ Copies: Court, Defendant, Agency, DA Oi: CRIMINAL STATE OF NEW YORK AMHERST TOWN COURT BRIE COUNTY PART PEOPLE OF THE STATE OF NEW YORK W BENNIE M CAUDLE; Defendant CASE NO: 01030055 Date of Birth: Date of Arrest: 02/26/2001 Disposition Date: 05/03/2001 Adjudication Date: Section Section Ticket No & Char ed Dis used Description Disposition Fine Civil -Fee Sudch VTL VTL LL746518 3 1110 -A 1110 -A FLD OBEY TRF DEV DISMISSED 0.00 0.00 0.00 VTL VTL LL746517 2 LIC RVK 1192 -3 1192 -3 D,K1, FINE 500.00 0.00 125.00 VTL VTL LL746517 2 1192 -2 1192 -2 DA1. DISMISSED 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. ARRESTING OFFICER PERSONS,C MOTORIST ID #C0174955224027 Dated: The 9th day of January 2008 James °V . Loug ran. For: Hon. Geoffrey K. Klein NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT.: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 50 SYCAMORE BUSINESS PHONE: (716)89 1-0281 COUNCIL DISTRICT; POLICE DISTRICT: APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716) 891 -0281 APPLICATION NUMBER: 559502 REFERRAL BATE: 08/16/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE. 2011 (TO BE COMPLETED BY AGENCY/]DEPARTMENT REFERRED T O) MAX. NO.OF VEHICLES ALLOWED �I APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: R - i - 7- f DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARK: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslipz.rpe CITY OF BUFFALO OFFICE OF LICENSES Q!A 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINNIE EERARRACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: 50 SYCAMORE (716) 891 -0281 BENNIE CAUDLE (716) 8910281 559502 08/16/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: / - DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW"* REMARKS: INSPECTOR _ F RM# EXT S *7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK 'YOU. Appgf+p2.rpi CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: VINNIE FERARRACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: PONCE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE; REMARKS: DISAPPROVAL REASON: 50 SYCAMORE (715) 891 -0281 BENNIE CAUDLE (716)$91 -0281 559502 08/16/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED :APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: "* *REASON FOP DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR R EST - - - - -._ . _ - - - -- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. kppSlip2.rp1 i Y r fee f fee f fee e Used Car Dea erg' $262.50 ® ® T ire Handler I $ $118.00 ® ® Flee Market Ilk ( (10 -1000 tires) I I -10 tables $ $ 78.75 • Second Hand Dealer $118.00 N NM Tire Handier H $ $262.50 1 11 -25 tables $ $$155.00 (over 1000 tires) + +26 tables $ $2I0.00 • Scrap Processor $ 78.75 T Tire Storage Information ®Wholesale Junk Junk Dealer $262.50 I Inside Storage y yes no Outside Storage y yes _no Business Phone `(���}� � (� Business Name (dba) � -yt)��, ° t ", Business Fax ( } - Business Address Eno Po Box) Mailing Address (if different) NYS Tax ID # \ 21 A1 Business Website E -Mail Owner(s)/ Principal Partners Applicant (last, first) ` 3 , Home Phon Horne Address: (P4 Box not acceptable) Date of birth Place of Birth LA Co- Applicant (last, first) Horne Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn to before me this day of 20 0 Commis$ $#ndofDeecti in and for the City of Buffalo, Now York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current. to the best of my knowledge and belief. Print Name * - �.)f l CA4bt�° Signature d� 2 ,L4, � _ bate 1 000 99 #I .(Rev. 1193) Sine Page .Communication to the Comm. on Council To: The Common Council: Date, January 5, 2011 From: lle artment 4f Econmrt►ie Develo went Pern►it Ins ection Services Division.: Office of Lice»ses Subject: [: Used -Car Dealer [: 550 E. Delavan (Masten) I Tvoe in Upper and [: [ Lower Case Only [= Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text (Ty e Sin le Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 550 E. Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Bennie Caudle. The attached thereto for Bennie Caudle dba/ Ben's Tine Center Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD yTe Title: COn MISSIONER Signature of Department Head: t JC:PS :lad f z InterdePartmenta Memo Date. Januai) 5, 2011 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Delaer at 550 E. Delavan Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer License application to the Common Council: ; Zoning Office fir Fire Prevention Building Inspection U , '" Police Department f Police Record Check Application Direct'or Permit & Inspection Services CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT-.. FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: MO DELAVAN EAS"I BUSINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: BENNLE CAUDLE APPL. PIIONE: (716) 891 -0281 APPLICATION NUMBER: 559496 REFERRAL DATE; 08/16/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF'VEHICL.ES ALLOWED -------------- /APPROVED DATE : DISAPPROVED BATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR „_. RM9 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpi AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BEN'S TIRE CEN'T'ER INC. LICENSE TYPE: USED CAR DEALER r BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'TRIC'T`: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: DISAPPROVED NEW LICENSE 2011. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: REMARK: DISTRICT CAPTAIN: APPROVED DISAPPROVED 540 DELAVAN EAST (716) 891 -0281 BENNIE CAUDLE (716) 891 -0281 559496 08/16/2010 DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSl ip2. rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL" BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BEN'S TIRE CEN'T'ER INC. LICENSE TYPE: USED CAR DEALER r BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'TRIC'T`: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: DISAPPROVED NEW LICENSE 2011. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: REMARK: DISTRICT CAPTAIN: APPROVED DISAPPROVED 540 DELAVAN EAST (716) 891 -0281 BENNIE CAUDLE (716) 891 -0281 559496 08/16/2010 DATE: DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSl ip2. rpl P4147C V. 3190 1BUslo Identifies So Bdble, New York 1002. 0 fee to process this data. mail, payr�aedt ST be malde by money order: �� NOT der ail oo#►e the `here is .. P marl. pers+�x�; paymentatr be made by maey order or cash- Checks are riot accepficd: Maki money. Y l to Police DeparWent. B sure to in�lu{de pe self-address envelope s� mat this information c be m public (� } Cotx�ais ill the f Deeds, iz�fcrmaon metedeYow and have your rdentit`ica#ivmd share verified by a 3` receive #lte requested listed on the bottom ofthis application. Vrdhnut total - .compliance to these fnsfi action s :Yoe i l SIC�A S MUST - 0_V Q t una 3 o, P810en gzoA n�a }© al is fbilgn 1Usl©y "IPL STATE OF NEW YORK S5. 'iQwj 1 of EW Lc VA Nom. ?.9�� �:� k' s• � ' camY OF BUMLO ) 6 on tie day of � Y 2t3 beforome to me avm to be a same person- described ad who executed the foregoing %traamtut aad lmow�l�ged e e ceruEtian thereo Arrest Date Booking # Incident # Booking Name First Alias Charges Ctr Law SecUon Sub Att Cl Cat Deg MIS, 01/09/1974 74-05665-99 (A) SLTV 74-OOOSSBE CAUDLE, BENNIE CAUDLE, BEN x 0 mom `riot based on Fingerprints s STATE OF NEW R.- . ERIE C PEOPLE OF THE STATE OF NEW YORK VS. BENNIE M CAUDLE; Defendant CASE NO: 02100611 Date of Arrest: 10/12/2002 DOH: Disposition Date: 04/01/2003 JC501 no: 56235039M Adjudication Date: 04/01/2003 NYSID no: 1608796L Sentence Date: f; Section Section Ticket No & her d Di Deed Descri i n Die o iti ®r� Fine C'vi •� e arch VTL VTL LN974032 3 119203 119203 OP MV INTDX 2ND INDICTED 0.00 0.00 0.00 VTL VTL LN97 0032 3 119202 1992 02 QP MV I L % ALC INDICTED 0.00 0.00 0.00 VTL VTL LP643739 5 0512 0592 ®er s s end re ist INDICTED 0.00 0.00 0.00 VTL VTL LP643737 3 9128 0A 1128 QA Unsafe lane move INDi TED 0.00 Q.00 0.00 VTL VTL LP643738 4 Upon a proper request for an official ,statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 1st day of September 2010 James V. Loughran, C urn Administrator For: Hon. Mark G. P'arreii NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a _ 3 youthful.._ offender. Copies. Court, Defendant, Agency, DA STATE OF i .' ERIE COUNTY PEOPLE OF THE STATE OF NEW YORK VS. BENNIE M CAUDLE, Defendant CASE NO: 01030055 Date of Birth: Date of Arrest: 02/26/2001 Disposition Date: 05/03/2001 Adjudication Date: AMHERST TOWN COURT CRIMINAL PART f L Section Section Ticket Na & Charged Disposed Descdi tion Dis nsi #ion Fine Civil -Fe Burch VTL VTL LL746518 3 1110 -A 1190 -A FLD OBEY TRF DEV DISMISSED 0.00 0.00 0.00 VTL VTL LL746517 2 LIC RVK 1192 -3 1192 -3 DAL FIDE 500.00 0.00 125.00 VTL VTL LL746517 2 1192 -2 1192 -2 D.I.I. DISMISSED 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, T certify that the above named defendant having appeared before this count was charged as shown above. Each of the charges was disposed of as indicated. ARRESTING OFFICER PERSONS,C MO'T'ORIST ID #CO174955224027 Dated: The 9th day of January 2008 - Q / / ZCX James V. Loug ran For: Hon. Geoffrey K. Klein. NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. REFERRED TO: VINNIE FER.AR:RACCIO APPLICATION FOR: BEN'S TIRE CENTER INC, LICENSE TYPE: USED CAR DEALER NEW LICENSE 2011 BUSINESS ADDRESS: 550 DELAVAN EAST BUSINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: POLICE DISTRICT- APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716) 891 -0281 APPLICATION NUMBER: 559496 REFERRAL DATE: 08/16/2010 REMARKS: DISAPPROVAL REASON: SEE ATTACHED LETTER OF VIOLATION. DISAPPROVED DISAPPROVAL .CAT T, BACK ***REASON F REMARKS: r .' REMARKS. Y 9� DISAPPROVAL REASON:' aF RED EII3AL OF THE OFFICE OF LICENSES. THANK YOU. s1 z r & .P r A (TO ARCOMPLETED7 BY AGENCY/DEPARTMENT REFERRED TO) a MAX. No op VIMCLES ALLOWED DATE: .APPROVED DATE: DISAPPROVED DISAPPROVAL DATE: C'ATA, BACK A ll ""REASON FOR DISAPPROVAL MUS ` I3E STATED BELOW%** ` REMARKS: INSPECTOR RlVI# EXT - aF RED EII3AL OF THE OFFICE OF LICENSES. THANK YOU. s1 z r & .P r A Sim W llsed Ca ® Second Hand Dealer crap Processor J X Wholesale Junk Dealer 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851-4952 All information on this form is public record fee fee $262.50 ® Tire Handler I $I18.00 (10 -1000 tires) $118.00 Tire Handler H $262.50 (over 1000 tires) $ 78.75 Tire Storage Information $262.50 Inside Storage yes ' no Outside Storage yes_ no fee i ® Flee Market I -10 tables $ 78.75 11 -25 tables $155.00 +26 tables $210.00 Corporation Name Business Phone Business Name (dba) 't �,� 2 Business Fax Business Address (no Po Box) Mailing Address (if different) NYS Tax ID # Business Website E-Mai l Owner(s)/ Principal Partners Applicant (last, first) Home Phone Rome Address: (PO Box not acceptable) � � l�1t1X Date of bi Place of Birth Co-Applicant (last, first) )- M I Hoare Address: (PO Box not acceptable) Date of birth Place of Home Phone Describe your specific business activity in detail. Subscribed and sworn to before me this }3 day o (' �: 20 Comm{ sine D s in and for the o uf1'alo, New York I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of .ray knowledge and belief. Print Name l l - C Signature, u 0�—L_t_ Date 1 6� ilk Mr. Fontana moved: That the above communication fray. the Department of Permit and Inspection Services dated January 5, 2011, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Used Gar Dealer license to Bennie Caudle d/b /a Ben's Tire Center, Inc. located at 550 E. Delavan. Passed, 19 Tali ring T:1wp6O'4mwordi rmv113c1- 25a.doe * AYE * NO * FONTANA FRANCZYK * YC 1Y GOLOMBEK * 7X Sf KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH Mai 5 213® 6 3/4- 7 0 ##1 (Rev. ;1/93) Single Page Communication to the Common Council To: The Common Council: Date: January 5, 2011 From: Department of Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case On( Subject: [: Wholesale Junk Dealer j: 550 E. Delavan (Masten) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx /xx/xx Text ( Type Single Space Below Pursuant to Chapter 254 of thq City of Buffalo Ordinances, please be advised. that I have examined the attached application for a Wholesale Junk Dealer License located at 550 E. Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Bennie Caudle. The attached thereto for Bennie Caudle d /b /a Ben's Tire Center .Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: MMISSIONER f' Sire of Department Head: J �i Date: January 5, 2011 T®. James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Wholesale Junk Dealer at 550 E. Delavan Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for holesale Junk Dealer License application to the Common Council; . Zoning Office Fire Prevention Building Inspection ='Police Department I Police Record Check Application CITY OF BUFFALO r OFFICE OF LICENSES " 301 CITY HALL BUFFALO, NEW 'CORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: WHOLESALE FJNK BUSINESS ADDRESS: 540 DELAVAN EAST BU SINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: .POLICE DISTRICT; APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716) 891 -0281 APPLICATION NUMBER: 559497 REFERRAL DATE: 08/16/2010 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) P�PR VEu_V_- DATE: DISAPPROVED DATE: DISAPPROVAL C BACK DATE: *" *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR `" RM# ___ _ E%T AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROXTAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINNIE FERARRACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: WHOLESALE JUNK BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARK: 550 DELAVAN EAST (716)891 -0281 BENNIE CAUDLE (716) 891 -0281 559497 08/16/2010 DISAPPROVAL REASON: SEE ATTACHED LETTER OF VIOLATION. NE`4°V LICENSE 2011 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVE DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOA DISAPPROVAL MUST BE STATED BELOWt; ** REMARKS: / X� 6� 1s INSPECTOR RM# 7 EXT ��7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK VOID. AppSlip2rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: VINNIE FERAI2RACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: WHOLESALE JUNK BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: 550 DELAVAN EAST (715 )891 -0281 BENNIE CAUDLE (716) 8910281 559497 08/16 /2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL RACK * * *REA REMARKS: INSPEC'T'OR � DATE:___ DATE: DATE: AL MUST BE ST TED BELOW * ** RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. A pt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY MALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: WHOLESALE .IUNK I O BUSINESS ADDRESS: 540 DELAVAN EAST BUSINESS PHONE: (716) 891 -028.1 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716) 891 -4281 APPLICATION NUMBER: 559497 REFERRAL DATE: 08/16/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYA)EPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: �_�= E I M M� NE'6'4t LICENSE 2011 **REASON FOR DISAPPROVAL MUST BE STATED BELOW *** g COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSrtpl pt 4URDQ PQ Uf an I¢ ORS ST ATE OF M W l(O 3W l ■ .R IUUIU $ ' t P �5� � ��fY1TilIS5l':•:i 771, vi '%:r .` �� 20 b®f�xe APP o the ' 1 �y of and WhO .dlb �r .6 pj y ■ * �� toMe IMVM'to be Ulu ia A rrest Date Incident # Backing Name Charges. �3i �8E -ng # Fitt Alias Cts Law Section Sub Aft CI Cat Deg MCIC Desefiptiorf 01/09/1974 BOF 74- 0005586 CAUDLE, BENNIE 2 PL 165.40 H H 0 74- 05665 --99 (A ) CAUDLE, BEN 'Not based on Fin gerprlr7ts STATE OF NEW YORK M:: BRIE COUNTY CRIMINAL ... PEOPLE OF THE STATE OF NEW YORK VS, BENNIE M CAUDLE; Defendant CASE NO: 02100611 Date of Arrest: 10/12/2002 DOB: %W Disposition Date: 04/01/2003 JC501 no: 56235039M Adjudication Date: 04/01/2003 NYSID no: 1608796L Sentence Date: Section Section Ticket Na & VTL VTL LN974032 3 1192 CTED 200 0.00 0100 VTL VTL LN974032 3 1192 a 119 02 �P M ILL % ALG IN ®ICTED o.ao 0,00 o.a0 VTL VTL LPO43739 5 05 12 0512 0 er sus end re ist INDICTED 0,00 a.aa a .aa VTL VTL LP643737 3 1128 A 1120 0R unsafe Ian nv . IN ICTED 0.00 Q.00 0. 0 VTL VTL LP643738 4 0319 01 0319 01 eared MCV IN ICTED 0.00 a.Qa 0.0 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated, Bated: The 1st day of September 2010 James V. Loughran, C urt i dminastrator For: Hon. Mara G. F'arrel.l. NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated'a youthful offender. Copies; Court, Defendant, Agency, DA STATE OF N= YORK ERIE COLTNTY PEOPLE OF THE STATE OF NEW YORK VS. BENNIE M CAUDLE; Defendant CASE NO: 01030055 Date of Birth: Date of Arrest: 02/26/2001 Disposition Date: 05/03/2001 Adjudication Date: AMHERST O. -.. -. 5....w CRIMINAL R l ' P Section Section Ticket No & Chat ed CIS oSed D0SCf1 #ion Ibis Q5ltion Fine Civil-Fee Sufch VTL VTL LL746518 3 - 1110 -A 1110 -A FLD OBEY TRF DEV DISMISSED 0.00 0.00 0.00 VTL VTL LL746517 2 LIC RVK 1192 -3 11923 D.W.I. FINE 500,00 0.00 125,00 VTL VTL LL746517 2 1192 -2 1192 -2 D.W.I. DISMISSED 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated.. ARRESTING OFFICER PERSONS,C MOTORIST ID#C0174955224027 Dated: The 9th day of January 2008 James V. Loug rani For: Hon. Geoffrey K. Klein NO'T'E: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. -- Business Phone Corporation Name Business Name (dba) € `�f? sZ�.� Business Fax _ Business Address (no Pa sox) Mailing Address (if different) NYS Tax ID # J pp Business Website �- - Place of firth Owner(s)/ Principal Partners Applicant (fast, first) &� �j i Home Phon fto Houle Address_ : (P t acceptable) Date of birth C©- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth — Place of B Home Phone Describe your specific business activity in detail. 1� 4 Subscribed and sworn to before me this 13 day o 20 , Comm' sic ne D in and for the o ufalo, Now York W E -Mail I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name L)> Signature Date l Mr. Fontana. moved: That the above communication from the Department of Permit and Inspection Services dated January 5, 2011, be received and fled; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Bennie Caudle d/b /a Ben's Tire Center, Inc. located at 550 E. Delavan. Passed. w TAB:rmv T; Iwp60tjnswordlniiv120c1- 25a.dac jj` � * AYE * NO * maj 2/3- 6 314 - 7 2, #I ( Rev. 1/93) Single Page Communication to the ow . mon Council To: The Common Council: Date: January -6, 2011 Prom: Department of Permit & Ins ection Services Division: Type in Upper and I I Lower Case Only. Office of Licenses ............... Subject: Scrap Processor [: 550 E. Delavan (Masten) Prior Council Reference: (If Any) C: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Tyne Single Space Below fi Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor .Dealer License located at 550 E. Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Bennie Caudle. The attached thereto for Bennie Candle d /b /a Ben's Tire Center Inc. This request is submitted for your approval or whatever action you deem appropriate. . Tvne Department Dead Name: JAMES COMER-FORD Type Title: Signature of Department Head: JCTSJd ,_ s MT aA Date: January 5, 2011 To: James Comerford, Commissioner From. Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Scrap Processor at 550 E. Delavan Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Scrap Processor License application to the Common Council: t� 1 . / Jf {/ jf Director Permit &Inspect on Services Date Zoning Office Fire Prevention - Inspection Police Department Police Record Check Application t� 1 . / Jf {/ jf Director Permit &Inspect on Services Date CITY OF BUFFALO VV OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BEN'S TIRE CENTER INC LICENSE TYPE: SCRAP PROCESSOR 0 BUSINESS ADDRESS: BUSINESS .PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER- REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 540 DELAVAN EAST (716) 891 -0281 BENNIE CAUDLE (716)891 -0281. 559498 08/16/2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE Z/ a 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. NEW INCENSE 2011 AppSlipl,rpi 147C (RE 3/96)' P ORCO fUb Ides n t109 74 Rmnk#s Street' IgWb s Neer York 14202 1�ere is ltd_ fie ft� process # sdata By ,payment ' be grader by MoOey, order, DO NOT seed cash Ou no, Yn person; paym t oaa be made by money order or cam_ Checks are not acrepf d: �e as oney r�rder dyable to $0 Buffalo Police DepmrWent B sum to include, self-addressed envelope so #gat this information c be mailed to you. Complete all tht, ifarmation listed below and have your id tfca ion and signature verffied bya Notary Public ( or ) Co�amissit�rter o' Deeds, c listod on the bottom of this applicatian. W�iout t0tat'.compliance to these ins dOw , You NOT recei�re tlre'requeste j��Y$t1�toll. e A PPL STATE QP NEW YOB cOUWYOFMtJH 8S. VAIE X11•,. �i ! Yl�, �'°.:,..._..�,° ' DO NOT �. ; t .1 1 / / lk Jl:1} / i CERTIFICATE.OF DISPOSITION STATE OF. NEW YORK ERST TOWN COURT ERIE COUNTY CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK VS. BENNIE M CAUDLE; Defendant CASE NO: 02300611 ]date of Arrest: 10/12/2002 DOB: Disposition Date: 04/01/2003 JC50I no: 56235039M Adjudication Date: 04/01/2003 NYSID no: 1608796L Sentence Date: Section Section Ticket No & Char ed ®is ose Descri i Di ition Fine C`vi Fee Surcl� VTL VTL LN974032 3 1192 03 192 03 OP MV INTOX 2ND INDICTED 0.00 0.90 9.00 VTL VTL L974032 3 11920 1192 02 QP MV ILL % ALC INDICTED 0.00 O.OD 0.00 VTL VTL LP643739 5 0512 0612 ®er spas end re ist INDICTS® 0. 0 0.00 0.00 VTL VTL LP643737 3 1 28 OA 1128 OA Dn fe Iane move IN ©IGTE 0. 0 0.0.0 0.00 VTL VTL LP643738 4 031901 0319 01 Winsd MIV NDICTE® 0.00 0.00 .0 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 1st day of September 2010 James V. Loughran, C urt Administrator For: Hon. Mark G. Farrell NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information :must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful. offender. Copies: Court, Defendant, Agency, DA Section Section Ticket No & CI18� �(t ®18 030d DeSCtI tion DID OSlti� Fine Civil- Si�rC�f VTL VTL Ll.746518 3 1110 -A 1110 -A FLD OBEY TRF DEV DISMISSED 0.00 0.00 0.00 VTL VTL LL746517 2 LIC RVK 1192-3 1192 -3 DAL FINE 500.00 0.00 125.00 VTL VTL LL746517 2 1192 -2 1192 -2 D.W.I. DISMISSED 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown. above. Each of the charges was disposed of as indicated. ARRESTING OFFICER RERSONS,C MOTORIST ID#C0174955224027 Dated: The 9th day of January 2008 James V. � �g ran For: Hon. Geoffrey K. Klein NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. CITY OF BUFFALO OFFICE OF LICENSES 313.1 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING &c. USE REFERRED TO: VINNIE FERARRACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: SCRAP PROCESSOR NEW LICENSE 2011 BUSINESS ADDRESS: 550 DELAVAN EAST BUSINESS PHONE: (716) 891 -0281 COUNCIL DISTRICT: IMA POLICE DISTRICT: 16 APPLICANT NAME: BENNIE CAUDLE APPL. PHONE: (716) 891 -0281 APPLICATION NUMBER: 559498 REFERRAL .DATE: 08/16/2010 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BV AGENCY/DEPARTMENT REFERRED TO) APPROVED i DATE: t` 1 DISAPPROVED DATE: DISAPPROVAL CAI,I. BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** iTraffrilm INSPECTOR RM EXT ..., C AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINNIE FERARRACCIO APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: SCRAP PROCESSOR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: 550 DELAVAN EAST (X6)891 -0281 MA 16 BENNIE CAUDLE (716) 891 -0281 559498 08/16/2010 REMARKS: DISAPPROVAL REASON: SEE ATTACHED LETTER OF VIOLATION. NEW LICENSE 2011 (TO 13E COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL RACK DATE: - -- DATE: DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR RM# l � EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App$lipz.rpr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BEN'S TIRE CENTER INC. LICENSE TYPE: SCRAP PROCESSOR BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: 540 DELAVAN EAST (716) 891 -0281 BENN1E CAUDLE (716) 891 -0281 559498 08/16/2010 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) ROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: C DATE: - -- - -- DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU 4ppShp2 .rp1 �1 Corporation Name � E Business Phone Business Name dba ` ( ) � t ter? _ - �� �' � Business Fax Business Address (no Po Box) Mailing Address (if different) N'$ Tax ID # i 6 1� Business Website Owner(s)/ Principal Partners Applicant (iast, first) l; p Home Address: not acceptable) l ° 11\t�X Date of birth Place of Birth Co- applicant (last, first) _ q B -Mail Home Phone jk( ` 10- Houle Address: (PO Box not acceptable) Date of birth Place of Bi Home Phone Describe your specific business activity in detail. Subscribed and sworn to before me this r3 day o 20 Lo Corr►m A no a 'Deo sin and for the © uftalo, New Yoc I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Nanct= Signature Date 3L, IAL B USINESS LICENSE AP fee fee fee )(Used Car Dealer $262.50 ® Tire Handler I $118.00 ® Flee Market 11 Second Hand Dealer $118.00 (10 A1000 tires) 1 -10 tables Tire .Handler II $262.50 I1 -25 tables $ 78.75 $155.00 'A6 (over 1000 tires) +26 tables $210.00 crap Proces $ 78.75 Tire Storage Information Wholesale dunk Dealer $262.50 Inside Storage Y- y es = no Outside Storage yes no Corporation Name � E Business Phone Business Name dba ` ( ) � t ter? _ - �� �' � Business Fax Business Address (no Po Box) Mailing Address (if different) N'$ Tax ID # i 6 1� Business Website Owner(s)/ Principal Partners Applicant (iast, first) l; p Home Address: not acceptable) l ° 11\t�X Date of birth Place of Birth Co- applicant (last, first) _ q B -Mail Home Phone jk( ` 10- Houle Address: (PO Box not acceptable) Date of birth Place of Bi Home Phone Describe your specific business activity in detail. Subscribed and sworn to before me this r3 day o 20 Lo Corr►m A no a 'Deo sin and for the © uftalo, New Yoc I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Nanct= Signature Date 3L, IAL Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated January 6, 2011, be received and filed and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Bennie Caudle d/b /a Ben's Tire Center, Inc. located at 550 E. Delavan. Passed. 21 Tas:rmv TAwp6oi€mwordlrmv\21c1- 25a.doc � -� AVE * NO FONTANA FRANCZYK * x GOL®MBE KE ARNS LOCURTO PDGEN RIVES RUSSELL * x SMITH x x Yk 2/3- 6 3/4- 7 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS January 25, 2011 00 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: JANUARY 4, 2011 FROM: DEPARTMENT: ADMINISTRATION, FINANCE, POLICY, & URBAN AFFAIRS - PURCHASE SUBJECT:: [:SELLING OF SURPLUS PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xxlxx/xx) ITEM 158 JUNE 8 "POLICY FOR SELLING SURPLUS, WORN-OUT AND OBSOLETE CITY -OWNED ASSETS" PER CHARTER SECTION 2657 (G) SALE OF SURPLUS MATERIALS. WHEN ITEMS ARE REPORTED TO THE PURCHASE DIVISION BY ANY CITY AGENCY, THE SURPLUS/WORN OUT ITEMS ARE TO BE DOCUMENTED BY THE DEPARTMENT HEAD WITH SAID CONDITION, AND SUBMITTED TO THE COUNCIL FOR DENIAL OR APPROVAL TO DISPOSE OF. IF REQUEST IS APPROVED THE COUNCIL SHOULD STIPULATE THAT THE ITEM MUST BE FORWARDED TO THE PURCHASE DIVISION FOR DISPOSAL, PURCHASE THEN CONSULTS WITH THE DEPARTMENT HEAD FOR RECOMMENDATIONS. IF AN ITEM IS DETERMINED TO BE UNSAFE FOR SALE IT IS THEN DISPOSED OF BY MEANS OF HEAVY TRASH PICKUP, OR SCRAP IF IT'S A ITEM THAT WOULD GENERATE SCRAP REVENUE. IF THE ASSET IS LABELED A$ A CAPITAL EXPENDITURE ITEM, AUDIT AND CONTROL IN THE COMPTROLLERS OFFICE IS NOTIFIED TO DOCUMENT. WHEN THE SALE OF EQUIPMENT IS LARGE ENOUGH ITEMS ARE ADVERTISED IN THE BUFFALO NEWS, WHEN CONSIDERING THE SALE OF ANY CITY ASSET SAFETY IS OUR FIRST CONCERN, AN EXAMPLE BEING, WE WOULD NOT SELL OFFICE FURNITURE THAT IS UNSAFE FOR USE.. CONSIDERATION IS GIVEN IN ADVERTISING FOR THE SALE OF AN ITEM IF THE ANTICIPATED COSTS TO ADVERTISE IS GREATER THAN THE ANTICIPATED COST OF THE SALE. ALL ITEMS THAT ARE SUBMITTED TO THE COUNCIL FOR APPROVAL OR DENIAL TO SELL OR DISPOSE AND SHOULD BE EITHER APPROVED OR DENIED BY THE COUNCIL, IF APPROVED THEN FORWARDED TO PURCHASE FOR FINAL DISPOSAL, ALL FUNDS RECEIVED ARE TO BE SUBMITTED TO THE PURCHASE DIVISION AND DEPOSITED TO THE GENERAL REVENUE FUND. SIGNATURE DEPARTMENT HEAD TITLE: KATHLEEN FITZPATRICK, DIRECTOR REFERRED TO THE COMMITTEE ON FINANCE. S id t s 39 y 1 `:t ! b k City of f Chlef of Staff Jam" S. Paid Senior Legislative Assistant IV hevin.M. Linder Senior L egislative Assistants Mark J. Jaskula William B. Licata Julia A. Paul Melim Sanchez Richard Wall Legislative Aide Jame9 N. Jackson November 19, 2010 Purchase Division 1902 City Hall Buffalo, NY 14202 At the Common Council meeting held on Tuesday, June S, 2010, the RESOLVES of the following item were ADOPTED and the remainder of the Resolution was sent to the Finance Committee: (item # 158 June 8) "Policy For Selling Surplus, Worn -Out and Obsolete City - Owned Assets" Please review the enclosed item and address and file your comments and /or concerns with the Common Council, 1308 City Hall. If you have any questions, or need further information, please contact me at 851 -4616. Your assistance is greatly appreciated. Sincerely, "Julia A. Paul Sr. Legislative Assistant Common Council Staff Enclosure ti Lj =Ui'(1 ri_z , 65 Niagara Square - Room 1413 Suf€alo, New York 14202 -3316 Phone: (716) 851-5105 Fax: (716) 051 -4234 `t By: Common Council Member Bonnie E. Russell RE: Policy for selling surplus, worn -out and obsolete city -owned assets WHEREAS: Over time, city -owned vehicles, furniture, equipment, supplies and tools will wear -out and electronic equipment will become obsolete and need to be replaced ; and WHEREAS: In situations where city -owned assets have become surplus, worn -out or obsolete and it is unfeasible or undesirable to refurbish or upgrade them, the city is essentially left with tree alternatives; place the item in storage; discard the item; or attempt to sell the item; and WHEREAS: Selling old and obsolete city -owned assets is most attractive of these options because it provides additional revenue to the city, Frees up valuable space in municipal owned buildings for other uses, forgoes the need to send these items to a landfill, and provides an affordable and environmentally friendly alternative for reuse; and WHEREAS: City departments have on occasion, filed requests with the Common Council seeking permission to sell city -owned assets such as most recently when on May 18, 2010, the Common Council approved a request from the Department of Management Information Systems (MIS) for permission to sell several old and used city -owned computers; and WHEREAS: The Common Council applauds the Department of MIS for their efforts to sell their old and obsolete equipment and encourages ether departments to explore similar opportunities for selling items that have out-lived their useful life to the city; and WHEREAS: In order to ensure transparency in the disposal of city -owned assets and maximize the revenue that can be realized from their sale, it is desirable that there be a policy in place for advertising items for sale to the general public. NOW, THEREFORE BE IT RESOLVED: at the Common Council supports the sale of surplus, worn -out and obsolete city -owned assets such as the computers recently disposed of by the Department of MIS; and 3 rAND, THEREFORE BE IT FURTHER RESOLVED: r ��.., That the Common Council requests of the Department of Administratinn and Finance and the N Purchasing Division., that they provide to the Common Council, by wing the f€�llowing information with the City Clerk: a smeary of the process utilized to identify city assets which a, are available for sale, how the minim prices at which items should be sold are determined, as well as haw potential sale dates are determined; and AND, THEREFORE BE IT FURTHER RESOLVED: That the City establish a periodic method for selling or disposing of surplus, worn out or obsolete items, and that for sales, the terms of sale, items for sale, sale elates, and contact and inspection of items information be posted on the City web site, and advertised with local television, radio ! and newsprint media outlets, t AND, BE IT FINALLY RESOLVED: That a copy of this resolution be forwarded to the Department of Administration and Finance, Law Department and all City Departments. And that this resolution be referred to the Common Council Finance Committee for further discussion and follow -up, � Bonnie E. Russell University District Councilmember R C lid R dw 6102 \ -O FROM THE CITY CLERK January 25, 2011 jk No. 26 Various Request to Serve on the City of Buffalo Citizens Advisory Commission on Reapportionment REFERRED TO THE COMMON COUNCIL PRESIDENT AND THE MAYOR 000 Gerald A. Chwalinski Clerk, City of Buffalo City Clerk's Office 1308 City tall Buffalo, NY 14202 Dear Mr. Chwalinski, . I / W Monday, January 17, 2011 e r C,0' I write to inform you of my interest in serving on the City of Buffalo's Citizens Advisory Commission on Reapportionment. I believe this committee is vitally important in this year's reapportionment process, as the committee will hold influence over decisions which will affect the City of Buffalo's various populations. it is my desire to bring to the committee a knowledge of and advocacy for the interests of the City of Buffalo's lesbian, gay, bisexual, transgender and questioning community. it is of the upmost importance that the LGBTQ community's unique needs and interests be considered and factored into decisions on reapportioning the community's representation on the City of Buffalo's Common Council. I am incredibly active in the LGBTQ community with government and legislative advocacy, working with the Stonewall Democrats of Western New York and the non - partisan LGBTQ advocacy group Outspoken for Equality on our community's various issues and needs at all levels of our Western New York government. I have appeared before the Common Council and other local legislative bodies speaking on the issues and needs of the LGBTQ community, and I would bring a unique focus to the committee's decisions on the reapportionment process. T thank you for any consideration you may give me for the City of Buffalo's Citizens Advisory Commission on Reapportionment. I look forward to serving in any way possible to ensure that the committee and the city meet the unique needs of Buffalo's populations in reapportionment, and anticipate that the LGBTQ community be considered in the process. Thank you. Sincerely= % 1 Bryan Glenn Ball 204 West Tupper Street Buffalo, NY 14201 (716) 541 -5557 REFERRED TO THE COMMON COUNCIL PRESIDENT AND THE MAYOR i� _A� �, ) /Q ,! t P t", O U e! 5.,2 � VV 58 Niagara Falls Blvd. Buffalo, NY 1421 716.510 -1945 January 18, 2011 City Clerk Gerald A Chwalinski City Clerk's Office 1308 City Hall Buffalo, NY 14202 Mr. Chwalinski: I would respectfully submit my name and qualifications for the Citizens Reapportionment Commission that will advise on the reapportionment of the City of Buffalo Councilmatic Districts. I have enclosed my resume of work experience and I have been actively involved in community service for the past twenty five years. Since my retirement in 2009 1 have immersed myself in additional and varied activities to improve quality of life in the University District. I currently serve in the following positions: 1. President of the Board of Directors, University District Community Development Agency 2. Housing Court Liaison University District, City of Buffalo Housing Court 3. University Heights Collaborative, Board of Directors (Dousing) 4. University Community farmers Market, Board of Directors (Planning and Marketing) 5. University Community Rental Registry Task Force 6. Voice Buffalo, St. Joseph's University Heights R.C. Church Chapter All of these positions, as well as thirty nine year career of successful sales and marketing, uniquely prepare me with the negotiating skills necessary to be an active and positive force in this critically important citizen panel. I am available, at your convenience, for a personal interview to further expand on my qualifications and the reasons for my volunteering service. Respectfully submitted, ' I ' FREDERICK E. BRACE 58 Ni Falls Blvd. e Buffalo, N.Y. 14214 e 716 - 510 -1945 * brickroad58 @ roadrunner.com SUMMARY Driven, analytical, astute, and business savvy sales professional with solid experience in both sales and management. Over thirty years experience with demonstrated success in exceeding sales quotas, establishing new market areas, negotiating win /win agreements and successful training of newly hired representatives. A consummate multi- tasker recognized by customer, management and peers for my market knowledge and mastery of the consultative sales approach. • Managed Care Expertise e Team Player • Consultative Sales Trainer ® Relationship Builder • Specialty Practice Expertise ® Strong Community Involvement PROFESSIONAL EXPERI<EENCE ESPRIT PHARMA / ALLERGAN UROLOGICS, Irvine, CA 2007-2009 Sales Specialist - Urology Responsible for key Urologists in the WNY portion of our district. Many of these M.D.'s were previously "hard to see" or "no see" providers who were not giving us a fair share of prescriptions in our drug class. s Immediately gathered information necessary to place myself in the proper circumstances to engage key Urologists. Used my many contacts and proven sales techniques to insure success. Access now available to all on a routine basis. ® Began a selective process to eliminate spending time and effort on providers that could not be engaged and convinced to use "SancturaXR ". Result was increased coverage for key targets needed to grow business. 0 By cultivating key opinion leaders (KOL) for my territory I was able to move into the top echelon of sales success for the second and third trimester of 2008. 1 was number two for number of prescribers and moved my market share ranking from 179 to 62. This substantial increase was accomplished in a market with minimal formulary coverage for our product (Tier 3). Rated "Exceeds Expectations" for yearly evaluation in 2008. KOS PHARMACEUTICALS, Edison, NJ 2003-2007 Senior Cardiovascular Representative Hired as a mirrored territory representative with responsibility for doubling the number of key product prescriptions by the end of 2004 ® Realized goal of doubling prescriptions by 12/04. Current run rats; For cholesterol franchise is 4.000 prescriptions per month. i Territory has consistently performed in the first or second position in the district top 5% in the region and top 10 percent in the nation. Currently we are ranked 62 out of 750 representatives and our commission of $3,500 to $4,500 a month is double the expected payout. DM assigned me to be our direct Iiaison to our Medical Science Liaison (MSL) and Regional Managed Care (RAM) representative which enriched and expanded our speaker program and ensured success in getting formulary approval for Niaspan on Medicare Part D in April of 2006 0 Created a flushing reduction protocol, with the pro -bond assistance of key cardiologists, which resulted in a compliance rate that increased from 40 -50% to 75 -80 %. This action resulted in increased refills and new prescriptions that insured our prescription goal. FREDERICK E. BRACE (716 -510- 19445) PAGE 2 k THE PHARMACIA CORPORATION, Peapack, NJ 1998-2003 Senior Pharmaceutical Saps Consultant Hired as an experienced and stabilizing member of a young and inexperienced sales team that had no direct leadership for 9 months. Looked upon by my teammates as the interim District Manager. a Immediately consulted my professional sources to obtain the names of key formulary members of the top managed care plans in WNY. The result of this action was that we were awarded parity with our competitors in regards to formulary coverage. 0 Promoted to Milestones I, II, and III at first promotional opportunities. 0 Sourced by DM to train all new hires in time managem and territorial organizational skill. Recognized for highest district call average performance. 0 Key member of superior sales team that lead district in Celebrex Sales performance that was 250% plan for second trimester 2002. Consistent top 10% performer for this product. 0 Received quarterly sales award for being in the top 20% of region for Detrol LA. This success led to me being chosen to receive the Regional Directors Representative of the Year award. OTHER RELEVANT EXPERIENCE District Manager (CSO) Corporate Account/Regional Manager (Consumer Products) Institutional Sales Manager (Wholesale Distribution) Hospital Sales Manager (Wholesale Distribution) Retail Sales Manager (Wholesale Distribution) District Manager /Regional Trainer (Pharmaceutical) Specialty Sales Representative (Pharmaceutical) MilM311C�] I Bachelor of Arts-Social Sciences State University of NY at Buffalo - MBA Certificate Program State University of NY at Buffalo MILITARY United States Air Force, Captain AWARDS Regional Director's Award Winthrop -Breon Representative Of The Year Consistent Quarterly Achievement Award Winner To: City Clerk Cit� of Buffalo 13 Floor Buffalo, New York Date: January 18, 2011; Delivered via hand delivery Re: Nomination of Sandra Gaston for Citizens Advisory Commission on Reapportionment I hereby nominate Sandra Gaston, of 251 Brunswick Blvd., Buffalo, NY 14208, for a position on the Citizens Advisory Commission on Reapportionment. Sandra Gaston is not originally from Buffalo. She is a transplant, but has chosen Buffalo as her home for herself and her family. Her husband was from Buffalo and they met when he was in the service. Sandra has spent significant portions of her life in other states and cities (Little Rock, Dallas, Minneapolis), so that she brings fresh thinking, instead of the entrenched ideas of those (including myself) who have always lived here. Sandra is committed to the area and to the area's success. Sandra and her husband own their own home on Brunswick along with her brother in law who resides in the lower apartment. She has an interest in the safety and health of all neighborhoods in Buffalo for families such as hers. She and her husband have two sons, both in grammar school in the public schools of Buffalo and she is involved in making sure they do well. Sandra Gaston has two years of college at the University of Arkansas at Little Rock taking courses in architecture, stopping only because she was married to someone in the military and had to move with him. She has worked in law at our firm doing filings with the American Arbitration Association for medical providers. Previously she worked at a firm doing real estate litigation matters. Her experience and training in real estate, architecture, and law will add to the diversity of the committee and help make better decisions. She and her husband both work full time in the private sector. After long service in the military, upon return to Buffalo, her husband has worked full time at Sears, while she has worked in the legal field. Her primary reason for wanting to do this is to help the area and to give back to the community which is important to her. Sandra is also easy to get along with, she is respectful of others, she listens and expresses herself well. She is smart, devoted, and competent. She would be an excellent member of the Citizens Advisory Commission on Reapportionment. Please let me know if you need any further information. Respectfully submitted by, anne M. Vlnal, Esq. inal & Vinai 3871 Harlem Rd., Ste 2 Buffalo, NY 14215 716832 -5900 No. 2'7 Various Request to Serve on the City of Buffalo Citizens Advisory Commission on Reapportionment REFERRED TO THE COMMON COUNCIL PRESIDENT AND THE MAYOR 004!7 716,374.4362 fkheinteLL ;aol.cona January 18, 2011 Hon. David A. Franczyk, President City of Buffalo Common Council 1315 City Hall Buffalo, NIT 14242 0 Dear d ci . yk; As a lifelong resident of the City of Buffalo, it is with the most heartfelt conviction that I submit my name for consideration of appointment to the City of Buffalo Reapportionment Commission. My broad professional background has afforded me the good fortune and opportunity to work within all neighborhoods and communities throughout the City of Buffalo. This experience developed a breadth and depth of understanding of our diverse neighborhoods and the importance of their identity as a major component of our Great City, Additionally, as a twenty -five years homeowner in Allentown I have witnessed the effects and impact that the change of Council Districts Lines has within our neighborhoods and communities. I continue to be involved in numerous community and neighborhood activities through my Community and Economic Development Consulting and as a member of various boards and committees. I am greatly interested in pursuing this opportunity and remain completely confident that I possess the necessary and appropriate background and credentials to fulfill all expectations of this important position. Please note that I would participate without a personal agenda and would openly and honestly serve all residents and neighborhoods of our Great City. I look forward to the opportunity of discussing this appointment in greater detail. In the event you maintain any questions or require additional I encourage you to contact roe. Respect submitted, Fre einlc "Let it not be for present delight, nor far present use alone; let it be such - work as our descendants will thank us for, and let us think... that a time is to come when ... men will say, See! This our fathers dirk for us. " John Ruskin, Architectural Historian Chwalinski, Gerald Front: Matthew Ricchiazzi f matthew : ricehiazzi@changebuffalci_org] Sent: Sunday, January 23i 20116'29 pM To Chwalinsi, Gerald Subject: CitizeWs Reapportionment Commission Attachments. Abbreviated Resume for Matthew Ricchiazzi.pdf 183 Brinton Avenue Buffalo, NY 14216 January 17, 2011 Gerald A. Cbwalinski City Clerk's Office 13o8 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: Please accept this email and my attached resume as a request to. be considered for appointment to the Citizen's Reapportionment Commission. I'm a proud Buffalonian. and a citizen- activist who is deeply concerned about our communit and the fundamental fairness of our governance. With deeply ingrained civic values, I believe that I have the intellect, judgment, and honest goodwill to serve our community — and to serge it well. Having an MBA in Structured Finance, and a BS in Urban Planning with concentrations in economics and development, I have the quantitative and analytical skill sets to engage Census data in a thorough and meaningful socio- spatial and statistical analysis. It is my hope that you will review my abbreviated resume (attached) favorably. Please feel free to contact me, should you have any questions or concerns, 716.548.3371, or via email at matthew.ricchia=iPchan buffalo.or . I I look forward to the remainder of the process. Truly, Matthew Ricchiazzi z Matthew e a zi 183 Brinton Ave . Buffalo, New York 14216 (716) 548 -3371 • matthew,rimhiazzi @&ail.com —Abbreviated Resume CURRENT Seneca Holdings, LLC a Private Equity Associate - Buffalo, NY, 2011 -- present EMPLOYMENT EDUCATION Cornell University - Johnson Graduate School of Management ° Ithaca, NY Master of Business Administration, May 2010 Cornell University - College of Architecture, Art, and Planning d Ithaca, NY Bachelor ofScience in Urban and Regional Studies, May 2008 Princeton University a Woodrow Wilson School : Princeton, NJ Public Policy & International Affairs Fellow, 2007 EXPERIENCE Grisanti for State Senate =.Political Operative . Buffalo, NY, summer /fall 2010 National Congress of American Indians - Legislative Affairs Washington, IBC, fall 2006 Industrial Areas Foundation . Community Organizer - New York, NY, su nmer 2006 Buffalo Niagara Partnership a Budget Stabilization Project Intern . Buffalo, NY, summer 2005 SKILLS Strong Excel skills ineluding financial modeling, valuations, statistical regressions, sensitivity analysis and applications for operations management Excellent oral and written communication skills, and extensive experience with local media 0 60 V -1 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 235 Delaware Ave 2424 Bailey Avenue 810 Elmwood Avenue RECEIVED AND FILED Business Name Owner's Name Purple Mondey Tropical Pub BG7R LLC TBR Lounge TBR LLC Sole Sole Food Service Ent { January 25, 2011 STATE OF-A 411 r+ T EXECUTIVE DEPARTMENT NVISION OF ALCO t.... CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law T0: A iicant and Residence Address Community Board/Muni BGJR LLC City of Buffalo Purple Monkey Tropical Pub Office of the City Cleric 236 Delaware Avenue City Hall Buffalo, NY 14202 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Nearing. NYS Liquor Authority Room. Electric Tower Building 1120/2011 10 :00 AM 535 Washington St. 303 Buffalo, NY 14203 An on- premises liquor license application was filed on 11 /30/2010 with the State Liquor Authority for the following premises: Applicant's Name: ERIE OP 3149105 BGTR LLC Purple Monkey Tropical Pub Premises Address: 236 Delaware Avenue Buffalo, NY 14202 Testimony will be taken from: the applicant and /or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. gTATF 1 101 JOR At ITHORITY DATE: 1/5/2011 FORM: L.Q.3 (8105) cb sA 2. " ~ S'T'ATE OF NEW YORK ° ' EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL City, Town, or village: STATE LIQUOR AUTHORITY Stwamdiaed ORIGINAL APPLICATJQN NOTICE DORM for Providing a 30 -Day Advance Notice to a Lo un'ci i o IT€ ulll Bar in comFedion with thesuhmission to The Seafe LignorAnfhariiy ofthe Applicant's Original (First )O n - Premises Alcoholic B €vera€e License_Annl��io� �� for the Establishment ldcati&d in this Notleg 5Lge 1 of 2l Date the Original copy of this Notice was Mailed to the Local Municipality or Community Board: / 2 0 THIS 36 -DAY ADVANCE NOTICE IS 13EING MAILED TO THE.CLERX OF THE FOLLOWING LOCAL MUNICIPALITY:OR .COMMUNITY .BOARD 2. Name of the Local Municipality or Community Board: r oi= j 3. Street Address of Local Municipality or Community Board: 4. City, Town, or village: �-� NY Zip Code:/ Cam' 5. Telephone Number of Clerk of Local Municipality or Community Board: T - / A' 70RN ;Y REPRESIENTING THE APPLICANT IN CONNEC'T'ION WITH THE APPLICANT'S ORIGINAL (FIRST) ON PREMISES ALCOHOLIC BEVERAGE LICE NSE'APPLICATION FOR THE ESTABLISHMENTIDENTIE TED IN THIS NOTICE 6. Attorney's lid€ Name is: ?. Attorney's Street Address: le:) 0 8. City. Town, or Village: �°" -- Zip Code: 9. Business Telephone Number oCAttorney: THE APPLICANT WILL FILE AN ORIGINAL (FIRST) APPLICATION i+OR AN ON- PREMISS ALC614OLIC BEVERAGE LICENSE . IN ORDER TO CONDUCT - WITHIN THE IDENTIFIED ESTABLISHMENT- THE TYPE gF BUSINI SS DESCRIBED BELOW t0. Type(s) of Alcobol to be sold under the License ("li;° 2apj: Beer Only Wine and Beer Only Liquor, Nine, and Beer ❑ ❑ r_� IL Extent of Food Service: ['Ji °one ❑ Restaurant (Sale of Food ❑ Tavern- Restaurant (A mined -use establishment that Tavern / Cocktail Lounge / Adult Venue / Primarily; ['oil Food Menu; has both a sit -dawn dining area and a "stand -up bar � Bar {Alcohol sales primarily - meets legal Kitchen run by Chef) where patrons may receive direct deliveries of alcaholl minimum food availability requirements} 12. Type of Establishment: ( at apply) that p Hotel Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 ❑ ❑ Music ❑ Jockey Box [] (Small Scale) ❑ (Large Scale Dance Club) ❑ or more patrons ❑ Fraternal Org.) / ❑ Breakfast ❑ Facility ❑ Shows 11 Entc ❑ Specify]: 13. Proposed Outdoor Areals): None Rooftop Patio Freestanding or Deck ❑ Covered Structure ❑ Garden / Other Grounds ❑ (Specify): 14. Will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? ( "3t:' o e : YES YVY���T ❑ NO 15. Application Serial Numbe,, 16 The A licant's F II Name, as it will appear in the application for the On- Premises Alcoholic Beverage License 'I l7 ' The Full Name of the Applicant's proposed licensed Establishment [the Trade Name under which the proposed Licensed Establishment will conduct business) is: (' IS. The Applicant's proposed Licensed Establishment is located within the building which has the followin Street Address { 4'l+`���`�b' 19. City, Town, or Village: o NY Zip Co s 20. The proposed Licensed Establishment will be located on the following Roars) or the building at the above address: El &'t F t-- Oeu 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 of the Applicant: 23. Business Fax Number of the Applicant; - 24. Business E -Mail Address of the Applicant: 25 ' IPYOU KNOW - Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establisbenent? Yes (gyp ❑ I Don't Know OWNEI20F THE BUILDINGI NWHICH THE PROPOSED LICENSED . EST ABLISHMENTWILLBELOCATED . 26. Dees the Applicant own the building in which the proposed Licensed Establishment will be located? (".V o e If'YES', SKIP Items No, 27, 2S, 29, 8a 30 t s ® Go directly to Item No. 31, and complete the form, If 'NO*, ANS-N items No. 27, 28, 29, & 30. NO Then continue to Item No. 31, and complete the form. Building Owner's Pull Name )s: 20. Building Owner's Street Address: 2— ' /Z t 29. City, Town, or Village: U� ,44 t} AJ Zip Code: 30. Business Telephone Number of Building Owner: a.P, {35) Standardized OPJGINAL APPLICATION NOTICE FORM far Providing. 30 -nav Adnce Piatice to a Ltical 1Vfuuieilratifv or Cammuulty )ward in connection with the submission to the State LigtwrAuihority oJilte �Fltlieagt "s -prl 'uI ral fFirstl f3u- Prewises Alcollnlic Beverage LiceBSe Ap�ettiau for the Estabflsllment Identified in this Notice (Page 2 of 21 IN ORDER TO MAKE SURETHATTAGES:I AND 2 OFYOUR PLEASE RE- ENTER: 114MEDIATEL,Y BELOW. THE INFORMATION REGARDING YOUR COURTESIES ARE.) 15, Application Serial Number; 16. The .-Applicant's Full Name as it will appear in the application for the On- Premises Alcoholic Beverage License, L The Full Name of the Applicant's proposed licensed Establisbment (the Trade Name under which the proposed Licensed Establishment will conduct husiness) is: 's NOT SEPARRUD OR MISPLACED, ;ATION SERIAL NUMBER; NAME, AND TRADE NAME. D t� INFORMATfON REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BnVXRAQZ8 THAT IB 9CTRR7 NTLY DEWO OP IN THR SPACE WHERE THE APPLICANT INTENDS TO OPERATE HIS /HER /ITS PROPOSED LICENSED ESTABLISHMENT STATE Or NEW YORK IF YOU KNOW - is a business that is licensed to sell alcoholic beverages currently being conducted in Yes El No T Don't Knovr ❑ EXECUTIVE DEPARTMENT the space where you intend to operate your licensed establishment? DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized OPJGINAL APPLICATION NOTICE FORM far Providing. 30 -nav Adnce Piatice to a Ltical 1Vfuuieilratifv or Cammuulty )ward in connection with the submission to the State LigtwrAuihority oJilte �Fltlieagt "s -prl 'uI ral fFirstl f3u- Prewises Alcollnlic Beverage LiceBSe Ap�ettiau for the Estabflsllment Identified in this Notice (Page 2 of 21 IN ORDER TO MAKE SURETHATTAGES:I AND 2 OFYOUR PLEASE RE- ENTER: 114MEDIATEL,Y BELOW. THE INFORMATION REGARDING YOUR COURTESIES ARE.) 15, Application Serial Number; 16. The .-Applicant's Full Name as it will appear in the application for the On- Premises Alcoholic Beverage License, L The Full Name of the Applicant's proposed licensed Establisbment (the Trade Name under which the proposed Licensed Establishment will conduct husiness) is: 's NOT SEPARRUD OR MISPLACED, ;ATION SERIAL NUMBER; NAME, AND TRADE NAME. D t� INFORMATfON REGARDING ANY BUSINESS LICENSED TO SELL ALCOHOLIC BnVXRAQZ8 THAT IB 9CTRR7 NTLY DEWO OP IN THR 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 Yes El No T Don't Knovr ❑ 35, the space where you intend to operate your licensed establishment? dim (� I Don't Know 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 35. IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) now being operated (or that was most recently operated) 32. in the space where you intend to operate your licensed establishment? Yes El I I NO 37, (For example: good will, equipment, furniture, cookware, dishware, etc.) F YOU ANSWERED BYES 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 dPNO" TO ITEMS 31 and 32, PLEASE PROVIDE THE INFORMATION REQUESTED BY ITXM[8 NO. 33 and 34.. IF YOU ANSWERED "Y.)MS" TO ITEM NO. 31 or 32 or 33 Or 34, THEN PLEASE ANSWER ITEMS NO, 35 and 36 and 37 and 38 and 39. INFORMATION ABOUT THE OPERATOR OF THE LICENSED BUSINESS CURRENTLY BEING .CONDUCTED (OR MOST RECENTLY COFAUCTEI)) IN THE SPACE WHERE THE APPLICANT INTENDS T.O. OPERATE HIS /HERMITS LICENSED ESTAI3LfSAMPNT. PLEA$$ PROVIDE THE FOLLOWING INFORMATION IF YOU KNOW - The FuII Name of the Operator of the Iicensed business Z045 ';k 4 1 35, now hing conducted (or that was most recently conducted) in dim (� I Don't Know the space where you intend to operate your licensed establishment: 35. IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) now being operated (or that was most recently operated) / >i J / / in the space where you intend to operate your licensed establishment: J >j r I Don't Know 37, IF YOU KNOW - The alcoholic beverage license serial number of the business now being conducted (or that was most recently conducted) Q r I Don't Know ❑ in the space where you intend to operate your licensed establishment: 38 ' IF YOU KNOW - The Type of Alcoholic Beverage License meld by the licensed �� �! ❑ current (or most recent) operator: �. �(J (,//t I Don't Know V 39. IF YOU KNOW - 'Telephone Number of the current licensed operator or the most licensed ❑ recent operator: I Don't Know If the Original Application is approved, I.am the Person who will hold the License or I am a Principal of the Legal Entity.that WiII hold the License.. Representations in this form are In full conformity with representations made in documents that have been submitted 40. ,(or documents that will be- submitted to the - State Liquor Authority, and re tied upon by the 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 relay result in revocation of any license that maybe issued. . By my signature, I affirin — under Penalty of Po ury — that the representations made in this farm ate true. . rria.d name True s g—to- r Sole Food 5crvion F nter rrocs, LL 511.0 Main Street Suite 125 Vvilliarnsville NY 14225 auffalo NY common council 65 Niagara Square # 1413 Buffalo, NY 14202 -3318 To Whom it May COMM With respect and in accordance with the requlrements of the New York State Liquor Authority, Sole Food Service Enterprises, LLG (dbs Sete) is notifying you of our intent to apply for relocation of our liquor license from 5130 Main Street Williamsville NY to the location of 810 Elmwood Buffalo NY (north district)- This letter serve to satisfy that requirement of nvtlfication. Sincerely, Scale Food Service Enterprises, LI-C Alan F. Lawson Oompany Manager Cc SLA, M stbrn(lVYdrtcd G IC �t ©TIC F' i f- rr[owngu U sTATEOPNEWYO C dvanta rna e i al a tnu 1 EXECUTIVE I)EPARTME inu�u! �ranSr11hN, c. s• b.+, 1�5rat 5k=rallQuvrAurhnrirYi tha otian Blvl S14NOFAL Cp110LIC )3;;i i , � rnrti 1 hPlta .rtrATE IAQUOR AUTI(ORITY forthc In this i in Sao o w I�talted to the Local pOlY Cvl mUni Board: �. Ltata tho Orig a ropy €this Notice as L1lttniei Or tY Ik5 'ri`.'e . _ =' •,� :.,. I a` :c;l., `pia .��.. �} . r�,,rp y$ 3 AM iz.5 F- r •trfrx , .;.l,_ f. 2. Faatns or the 1 ocvi bturticipallty ar ComrnurtitY U #ttd: U 6 A C.° S 11r� O 31 Street Addreaa of LOW MuniriPa€ity or Cttmtnunity Board: r It- f g ` 'NY Zip Cods` & 1 2— C Ci v ltap9 { �1 r 5. .: "I —, ' 7 Teji3phono Number of Clerk of Laval ldtinicipa3iry or Community Bouxrl: :..r: _ 0 'r]S Fy � L 4#� �fj`ti lh?>+�-Ulr��y�,'- .... .',•Ji ry�.ry�r�,1� ((�� �A± ,.:- 6• 4,ttorncya Full Name is# 7. Attomcy's5trect Address: M t ' zip Code: 0, City, Town, or Village: 4, $u8iacs5 Telephone Number of Attorrtey: �°' �, y, „ I E : r., i ;'. ,,., .!; ;_ ;•:. pot '1 q ' S, .'D �� `� z ' aer -t'3 +.t,lt lsj• r �I� ., �: �,. E :...'„ „ �:�: .,r �ra�,.; • z1= ; '' E �� .u� Seer Winn AAd B Onty Liquor, Wine. and Beer 10• TS'Pa(61 or Ateogol to Ue sold reader are Ltt�enas [ �' S11�1� �j�Y t-°{ � Extent at Keataarortt [Sara o€ mad Tavern ^Reestaurant 14 ptixed -use establi¢hment tlhRt t t Tavern / Coc.ld” LO"Ee / Adult V k I 11, Pvvd SesviGe' prjpnarily Pull EUOd [Acnu; has bath a sit -dowrt toning area and a ` i bet L I MMUM food tkvWI;k ity �uiremental (• ,� F(#tcleen run by Chef} where patrons may raeeive direct dekivet or atcohall Ca c's rar 600 €y[>e of [~ ] lAve Dick Jul" Patron ABttein (Wrg at, Night C Cl ]3scathavuc m tr 12. rtotat I I fi orb Stele Dance Clubl Pr more ptltrons hmnt Mus'sc rockcy Nax {3malFS�tic1 Estubli5o 0- (")t"'tdl [=* [] Cluble,g• Oo1f/ Sed& Cateting Stare Yo terta n other that apply) t7atemst Or8.1 �reakffast pStcillly Shwa Entertaintaent �] I$Peclfyl: *aria anding Garden C 13. None e Rooftop t7cck G oovo( rycCed Strueturo Grounds OutdootAre4tlsl' rrrsss�tt yEg NO 14, Will the`prPpPOCd t.iccnaa liatder or 4 Manner be plgyasoally presant within the esta$listttuent dgrilqg All HO— Of l7lrreatiort7 I V ns I5. Appliealian Serial t�turtba� � � '� a Act i+artt n Fwu Ivs tia. $I$ it w71 Ew r fihc app yrlicatt'o1n t° �v The 1G. For the o. -Pi miecs Alcoholic $overage Ucenw, la. 17. The vui1 Name of the llpplacans s prapaaEd lieettsad Establishment [the Name ' under which the p sed Licensed Sstablishmexnt wall eanduet businCSa1 is Tht. Applictust'o proposed Ui Owd vAtabliahment fa located � t � y � - ice � � � � A v e . — � tr 18' within the building which htts the following serer -t Addrass ii..ii 19. City, Town. or Village: o � F llows 20. The proposed Licensed Establishment will be located on tha rotlowing {ltxir(s1 of the baud ng at the shave add[ess: o be 21- Withi the building at the above uddm", the proposed Lic4m%d Establishment will W located Switltitr the r be m[e} num ®s f �j 22. �® )91141 as lralephone NUMbty Of the AppfiGatlt: - / '�✓ 23_ pu! idnass Pax Humber of the p pplivatnt: 24. 9tas# neasR Mtril Addrosso.F the Applieant: st/� w3 t J ' 7tx J nJt/` r IF YOU KNOW • yeas thare ever gut Wgohotle beveMse license in eft`ect for the rspace where El I]t 311't ICnuw L" l 23. y ou intend to operate your Been Wd a4tablishmtAt7 Yea : r.r „a�• - ,,nle , ._,i7 '.,.!s# r't'.gi , •r; •, ?, : ".F:i. .. . - ]f Yks items No. 27 r 28, z�, 30 items NP. 37, 2$, 24, & 3i3. teem 34, 26. th Boss t't the building itt the Applicant aw which the proposed l,i�stscd Y ® ( dit"O to Item No. 31, and Complete the (noon. Than ISO an Continua W fa rm seed comglala thn taro. ont itt be 4dtg1 S:atabiishvtantw located? (W r- 71 6vudina Owneett Pull Name is: f ` 2$, lauilding turner's Street Rddt'ess: $` G' g CA zip Cade 29. City, Town, or village: BE — In - 34 austneas Telepltona Number Of 13WIdinq owncr: - - AL LIG N F3D f.,Prvelef,wa Sfor?dnrJrFrd n i ±A�& 3TAT r]F NSW 1tDRK Ad ± ¢ u m a u C1 # 4tI1 y�t'sp i�xM P1YT inctararctiunwrrkr7rs�rrbmur (nA� karaL�4 uuo O I n Ht " AtY15AQz1t?P ALCGNOLJCDEVTsctAGECONTROL — 11 0 ' n i t �.. .r hm atia thi N lPaae2dZt UATE LIQUOR A.UTUORM �w 15_ APt?Lit810A S@rW Numb9n M T Tht nnnl "uasft'S 3lflt [Ys.QW. tta it will a�ptaC in the 0�¢plir + 8. � . ',']if : (✓ i � ' �` 18. for the On- Psrcmiacr PJCOhOl'r" PivcrAge biccnce, is r T; c Pull wane of the 4pplicane's propcsad Siceaissd }S oiishme t (the ,aa name 17. I under which the proposed aunt will eanduct business) ia; �a No. Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission. on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board. Zoning Board of Appeals RECEIVED AND FILED � �r January 25, 2011 91 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE January 5, 2011. FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [; BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on January S, 2011, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman John E. Kennedy, Jr., Assistant Secretary John D. Kennedy, Sr., Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: None DEPARTMENT HEAD NAME; DAVID P. _COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: Cam--, 44 (Rev 7 -07) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I farther certify that the person(s) named in Schedule "A" have been eertified or approved by the Human.ResourceslCivil Service for the Appointment Effective: January 14, 2011 in the Depattment of Gammon Council Division of Ellicott District to the Position of Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 41,163 LAST JOB TITLE NAME Vernee Shaw LAST DEPARTMENT DATE ADDRESS 77 urban St LAST SALARY CITY & ZIP Buffalo 1=4211 LAST 4 DIGITS OF SSN. XXX-)(X-7214 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- BUDGET ORG. CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION 10103001 PROD. ID 411001 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 3580 PERSONNEL REQ. NO 5135 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING, AUTHORITY: City Clerk DATE: JapkOry 14, 0 SIGNATURE OF APPOINTING AUTHORI : = . - 9 ORIGINAL ¢ 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET ADOPTED #6- DEPARTMENT #7- DIVISION.. #8- EMPLOYEE(S) '` #4 (Rev 7 -07) 03 Certificate of Appointment In compliance with provisions of Scetion 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 Hurnan Resources /Civil Service for the Appointment Effective: January 14., 2011 in the Department of Division of to the Position of Common Council Ellicott District Legislative Aide Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $36,242 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Deborah Tucker DATE ADDRESS 83 Urban St CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX -5101 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- BUDGET ORG, CODE BUDGET ACCT. OBJ. SALARY RANGE OF POSITION 10103001 PROJ. ID 411001 REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 2690 PERSONNEL REQ. NO 6134 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: Gerald Chwalinski TITLE OF APPOINTING, AUTHORITY: City Clerk DATE: Japgary 14, 2011 SIGNATURE OF APPOINTING AUTHORITY: — , - P ORIGINAL. + 2 COPIES TQ CITY CLERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET ADOPTED #S- DEPARTMENT #7- DIVISION #8- EMPLOYEES) I. 0001, ' No. Notices of Appointments - Council Inten - ts 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. of t January 25, 2011 � .. #4 (Rev 7 -07) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have.beon certified or approved by the Human Rcsourecs /Civil Service for the Appointment Effective: January 14, 2011 in the Department of Division of to the Position of .. . 11.[1. -. i Ellicott District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) -D Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 0.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Felicia Williams DATE: ADDRESS 1130 Walden Ave Apt 2 CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX -3140 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE TITLE CODE NO 1775 BUDGET ACCT. OBJ. 10102001 PROJ. ID 412042 PERSONNEL REQ. NO 5131 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: January 14, 2011 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL_ + 2 COPIES TO: CITY CLE PK(ONIBEFORE APPOINTMENT GATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #8- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 0002 �0 No. Notices of Appointments Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. f, f A January 25, 2011 ` #4 (Rev 7 -07) Certifica 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 prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human ResourmslCivil Service for the Appointment Effective: in the Department of Division of to the Position of JanuM 21, 2011 Coalman Council Ellicott District InteroX Permanent, Provisional, Temporary, Seasonal, Exempt, unclassified (Insert one) L44CL f Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) '° ' FL. (Enter Starting Salary) : Starting Salary of $ 11.87 LAST JOB TITLE NAME Janice Whig LAST DEPARTMENT DATE ADDRESS 64 Avery Avenue LAST SALARY CITY & ZIP Buffalo 14216 LAST 4 DIGITS OF SSN. XXX -XX -3040 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX - REFERRED TO THE COMMITTEE ON CIVIL SERVICE. BUDGET ORG. CODE TITLE CODE NO 1776 BUDGET ACCT, OBJ. 10102001 PROJ. ID 412002 PERSONNEL REQ. NO 6132 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE, THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Cec 1dA, Ohwalin5ki w „ TITLE OF APPOINTING. AUTHORITY: Cit Clerk DATE: Janupry 21, 2011 3 SIGNATURE OF APPOINTING AUTHORITY: E � �•.i ORIGINAL + 2 COPIES TO: CITY CLERIC ONIBEFORE APPOINTMENT PATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN St RVICESICIViL SERVICE #5- BUDGET #ti- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) IaGl 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. January 25, 2011 v #3 (Rev 1 - 02) Certificate i 1L� In compliance Nvith 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: i in the Department of Public Works Division of to the Position of Streets Permanent, Provisional, Temporary, Seasonal (Insert one) SE►ASONAL. Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.67 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Derek Koonce DATE ADDRESS 460 High St. Rear CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX - - 4314 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ, NO 201019 SALARY RANGE OF POSITION $11.67 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: Steven J. Ste nick Commission 12129/1 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK'' ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #b- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) �M0 0 Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. A January 25, 2011 44 (Rev 7 -07) E Certliflicate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointnient(s) or proniotion(s). I further certify that the persou(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: January E6 : 2011 in the Department of Larry Division of Administrative Adjudication to the Position of Legal Aide to Bureau of Administrative Adjudication Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) Open - Competitive, Promotional, Nan - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Plat, dourly (insert one) MINIMUM (Enter Stailing Salary) : Starting Salary of $ 31,754 LAST JOB TITLE NIA LAST DEPARTMENT DATE LAST SALARY NAME Nancy Nicole Walker Renzoni ADDRESS 20 Portland Street CITY & ZIP Buffalo NY 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10552001 TITLE CODE NO 5341 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2090 -104 SALARY RANGE OF POSITION 31754 - 35127 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NIA. NAME OF APPOINTING AUTHORITY: DAVID RODRIGUEZ TITLE OF APPOINTING. AUTHORITY: ACTING CORPORATION COUNSEL DATE: SIGNATURE OF APPOINTING AUTHORITY: N A ` ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER CQ_ PIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE 06- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE S \ &5 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS January 25, 2011 i1 /19 +`Fi1# 15:46 71637221.13 HYS DEC R9 AL.LEGANY PAGE 07lk3t3 U.S. ENERGY 13EVELOPM NT CORPORATION 2350 North roxvot Road, Getxville, ' NY 14068 Tel: 17161 636-0401 or 1. 300 x636 - 1606 JFa (716) 213 -4344D Well Name: Date: 10/28/08 MEDINAMIL&FRACTURE STMULATION PR 1) Thi'T well well he, B raced by 011versa1 Well Services In e. PEIC�El rt M 2) Source of . & li Water, Nearby(streams or ponds * ) *Approval for withdrawal from landowner if poctd is used. of 3) Planned 7.`eLhniq_ue. Get water fracture. S�YS.�t�1�lt 3(,!; LljiaSEMAID, lnEGi�ta . AtJ.i^OW } Purpo V l and Ct� osi!'. rr clae "call . n r3ddifiv s tIs 4' rt) .g er. 40,000 gallons available, usually, 32,000 gallons used. l�) Sana!- 60,000- 75,000 pounds of 20/40 sand. 0e) Acid. 1,000 gallons of 1 5% HCL used for the purpose of dissolving the rae3nent which is omthe outside of the casing. At the perforation intervals, the acid use facilities lower broakdown and treating pressures. Also nixed in with the acid arc Unihib A and Iron Chick. d) . &ar acrgnk About 50 gallons wed for -the purpose of reducing the surface tmsian of the water and minimizing the watterhlocks. The trade name is "Fiotivmax 70" e) Gel: About 750 pounds is used for the purpose of friction reduction and increasing tht sand carrying viscosities and minimizing fluid loss into the formation matrix. The trade nanne is "Unigel 5l?." ,f) Gel , teak r: We use about ,5 gallons of this material for the purpose of assisting the breakdown of the gel back to a one centipoiso viscosity. Tbc trade name. of this material is " OBL-8X ". g) Clay Stabilazerr- "Clay-ehek I,PI 24 gallons. Used to prevent the migration of illite and feldspathic elays in the reservoir V Iron Stabilizer, b', "Iron- Sta. -i1" 24 p1lons.. Prevents the precipitation of ferric and ferrous iron in the reservoir; All the chemicals used by Universal Well Services are presented on the M..Sl38 sheets which ate on file with NYS T)ivisioin ofMineml R.csources. S) -Elow hack; We will direct the flow back to. the lined pit. 6) Rdiurned El i*� We have found that vie usually get abptit 25% Fetorn aftlte flaw back fluids We Special 1(1.t3;� 30.0 fi Eifeclive da(b 11f3'312{}()7 R wroducts 10.0 - 30;0 Isomeric Aromatic Ammonium Salt Repbit vemi ©n 40 - 5.0 -'10.0 Material SO.ety Data Sheet �(:5r U41ASNX Light aromatic. solvent naphtha PRODUCT INAME Product SP-43X 2- substituted Aromatic Amine Salt Proprietary PRODUCT USE. Corrosion Inhibitor 8408 -20-6 COMPANY MAILING Special Products 1.0- 5:p }terosle ( petroleum), hydrraclestilfrarled. ADDRESS : P.Q. Box 27727 Isopropyl Alcohol 67 -63 -0 1.0 - 5,0 Houston, TX', 17227 95 -63.6 1.0-5 0 '..1,3,5 TrirrEatliylbenzene ; 1 ©B -G7 -8 D.1 _ '1,0 Diethylberizene , EMERGENCY 1. 800- 424r9300 (CHEMTREC) TELEPHONE NUMBER& '1-703 -027- 3887 (CHEM.TREC - international) 24 HRt. 1- 613 - 09846.864CANUTEC - Canada). 1 - 261 - 431 - 2561 ( Spoclal Products) Ml t l . ltiV G NIX 3 . SUBSTANCE CAS -W WEIGHT % Metltrol 1(1.t3;� 30.0 dio G16 Eth'oxylated Alcohol 68002 -97 -1 10.0 - 30;0 Isomeric Aromatic Ammonium Salt Proprietary. 5.0 -'10.0 P troleum naphtha. 64741 -68 -0 5.0 -1.0.0 Light aromatic. solvent naphtha 64742 -95 -6 5:U - ''1b.0 2- substituted Aromatic Amine Salt Proprietary 1,0 - 570 Kerosene; 8408 -20-6 Hydrotreat0d 119ht distillates 64742 -47 -8 1.0- 5:p }terosle ( petroleum), hydrraclestilfrarled. 64742 -81 -0 1.0 - ;50 Isopropyl Alcohol 67 -63 -0 1.0 - 5,0 1,2,4- Trime1hylbenzene. 95 -63.6 1.0-5 0 '..1,3,5 TrirrEatliylbenzene ; 1 ©B -G7 -8 D.1 _ '1,0 Diethylberizene , 25340 - 17.-4 011 -1,0 Cumene 98 -82 -8 0.1 - 1 0 ]fylene';' 1330 -20-7 0.1 -1.0 Formaldehyde. 50.00 -0 0.1 d 1.0 Naphthalene:. 91 -20 -3` 0.1-1,0 WAS NINGI APPEARANCE &ODOR. Brown, Liquid , Acrid. HEALTH HA A DS Harmful, ii, Irritant PHYSICAL HAZARDS` :F lammable, . Material may be: ignited by beat, spar ks:or. :flames: ENVIRONMENTAL HAZARDS Dangero s fear the envirr� went CARCINOGENICITY This product contains a component or components Paw 1 of 8 .Product SP -43X HEALTH H AZARDS SKIN Irdtating.to skin. EYE lrritatin.g to eyes INHALATION Irritating to respiratory :system. INGESTioN. : Harmful if swallowed POTENTIAL ENVIRONMENTAL Toxic to aquatic organisms may cause Ivng- terra adverse effects in EFFECTS the aquatic environment. SKIN wash off immediately with soap and plenty of water while removing all contaminated clothes and shoe. If symptoms persist, calla physician. EYE Rinse immediately with plenty of'weitor, also under the eyelids, for at least` 15'min0tes. Calla physician immediately. INHALATI Move to fresh air; If syrrtptOms.Persist, call a physician, INGESTION Obtain medical .attention. lmmediately:give large :quantities o water to drink, Never give: anything by mouth to an unconscious person,. FLASK POINT 74 aF (23' °0) PMQC E XTINGUISHING MEDIA Water spray, alcohol- resistant`foam, dry Chemicalor:carb.on dioxide. SPECIAL HAZARDS: Vapors are heavier than air and ma y travel considerable distance along tWground or be moved by ventilation to.ignition sources. Empty product contai nets: may contain.product residue. D not pressurize, cut, heat; weld or expose containers to flame or other sources of'ignitien. SPECIAL PROTECTIVE Wear positive -pressure self - contained breathing apparatus (SCl3A) and ]E QUIPMENT FOR FIRE full protective fire fighting gear. Equlpment should be thoroughly FIGI'7'ERS decontaminated after use, NA ARDOU.S Combustion products may incliide.corbon monoxide ce.rbon dioxide and COMBUSTION PRODUCTS nitrogen oxides. FIRE:FIGH'TING 1 FURTHER. Evacuate an.d.fight:fire from safe distance.. Use water sprayto,coo.l ADVICE fire exposed structures and to protect personnel. Shut off source of fl ovi! if possible.'lf a lest€ or spitl.has not ignited, Use water spray to disperse: the vapors. N Rip- _ x�r CLEAN UP METHODS Eliminate :all ignition sources. No flares,:s oking'or flaw es in hazard urea. Stop leak if you. can do it.without risk, Liquids may need to be. neulr :ilzed #)afore collection begins. 'fake up spill with sand or.other noncombustible absorbent material and place in.coiitafners for later. disposal: Always year prober personal protective when addressing.spill of leek ENVIRONMENTAL prevent prodUbt from entering - drains (water aye); oxic to aquatid PRECAUTIONS may cause long4erm:adve.r5aeffe0ts In the,aquatic .environment; Effective date: 11113(2007 Page 2. 0f €3 Report version 2..0 Product SP43X tfteeliw date: 3111312007 Page 3 of Report version 2,0 GENERAL PRECAUTION Handle In accordance with good hygiene and:safety., These practices include. avoiding unnecessary exposure. and removal of material from eyes, skin and clothing. Wash thoroughly after ha dling . Aveiitl bre #ping vapor. Use only with ade date ventilation Kee away from heat and sources of,ignition, Take Precautionary measures against. static discharges; S` DRAG Keels container closed when not in use. Store in cool, dry place, 60CUPATIONAL: EXPOSURE LIMITS NAME WURCE TYPE Pp M MG/M3 NOTATION Methanol ACGIH ST L 2511 SKID NIOSH REIN 200 260 STEL 250 326 SKIN a OSHA PEL 200 260 ACQIH TWA 200 Kerosene.. ACGIH TWA 200 FNTP SKIN k NIOSH REL 1.00 Hydrotreated light.distillates ACGIH TVVA 2.00 ENT 'P . SKIN NIOSH REL 100 ACGIH TWA 200 :FNT P SKID Kerosfne (petroleum). ACG H TWA. 200 FNT P hydro esulfurized KIN NIOSH REL `100 isopropyl Alcehol NIOSH R L 400 g8C1 S.TEL 600 1,226 OSHA ILL 40 980 A GIH TWA 200 STEM . 400 1;2,4- Trimethylbanzene NIOSH REL 25 125 ACGIH TWA 25 1,3,54rimethylbenZene NI OSH REL 25' 125 ACGIH TWA 25 biethylbenze.ne WILL TWA 0 tfteeliw date: 3111312007 Page 3 of Report version 2,0 Product SP43X Cunene ACGIH TWA 50 N108H REL 50 245 SKIN OSHA PEL 50 245 SKIN Xylene ACGIH TWA 100 STEL. 150 OSHA - TWA 100 06. PEL 10 435 STEL . 150 555 N10SH RM 1.00 435 STEL 15(3 655 Formaldehyde ACGIH Ceiling 0.3 NIOSH REL 0;096 Ceiling 0:.1_ OSHA TWA 0,75 STEL 2. Action 0 ` NIO.SH R E L 0:040 Ceiling 0.1 Naphthalene ACGIH TWA: 10 STEL 15. SKIN: NIOSH REL `10 50 $TEL 1 5: 75 OSHA PEI i`(} 50 " Can be aibsorbad through tho sklm ENGINEERING MEASURES Provide ,general and/or local exhaust ventilation, process enclosures or other engineering. controls.to control airborne levels below exposure guidelines. RESPIRATORY When respiratory protection is required, use an approved air pu PROTECTION respirator or positive-pressure supplied -air respirator depending on. Potential airborne concentration, HAND PROTECTION Wear che"cal resistant gloves to prevent skin contact, Glove/protective clothing suppliers can provide recommendations for your specific applications, //Nash immediately if:skin is contftinated. Good personal. hygiene. practices -such as properly handling contaminated clothing, using wash facilities before eatirid drinking or.srnoking:are. essential for preventing personal chemical contamination. Contaminated gloves should be replaced. EYE PROTECTION Use chemical splash goggles, safety glasses an for face. shield. An emergency eye wash fountain should beloeated. in immediate work:area.; BODY PROTECTION A Safety;shower should be. located in the Immediate work area. Remove contaminated clothing, wash skin ::with soap and water and launder cloth In[ befof reus .or dispose of properly, Effective date. 1111312007 Page 4 o Report version Zo FO RM Liquid ODOR Acrid ODOR THRESHOLD Not available BOILING POINT Not available POUR.POINT <= -35 O -37 °G) FLASH POINT 74 OF :(23 °C) PMCG LOWER EXPLOSIO N LIMIT Not available UPPER EXPLOSION LIMIT Not available. AUTOIGNITIA.N TEMPERATURE Not.available EVAPORATION. RATE. Not available p. H b. - 6.0 SOLUBILITY :oil RELATIVE VAPOR DENSITY (A1R.= 9) :blot available ..SPECIFIC GRAVITY (H20 m.1 .0,9488- . 9788 t@a 60 OF (16 °C) VAPOR PRESSURE Not available VISCOSITY 10 - 14 ePs .PART ITION COEFFICIENT (N_ Not available OCTANOLJWA.TER) US- ' � 3��Ll� A�t� +.jhA .. _ �� � Y`.Zt_'�r'f.,���.ef..} 4 � � ,.��� E a� s- '. �y� " � -? �` , n'�....� , � - ��. ; :✓`KK���� _ STABILITY Stable CONDITIONS TO AVOID Open flames, Sparks. MATERIALS TO AVOID Strong oxidizers. HAZARDOUS Oxides ofcarbon, Ben, and sulfur i .Hydrogen.chloride DECOMPOSITION P RODUCTS HAZARDOUS Will not occur POLYMERIZATION No data is available on the product itself. 1ANC St1 CARCINOGENICIT Keroaone ACGIH Group A3 Confirmed animal carcinogen,with r unknown relevanee.to:humans. IARC 3 CWOCation not Possible from current data, . Hydrotreated? light. ACGIH Group A3 Confirmed animal carcinogen:with distlilates unknown relevance to humans, Effective.date: 1 111 31200 7 Pa 5. of Report version 2.0 Produet.SP -43X IARC` ICarasit e ACGIH (petroleum), d o if d 3 Classification not possible from current data: Group A3 Confirmed anin, l carcinogen with unknown relevance to humans. by ry osu urine IARC.. 3 Classification not possible frain current data. I,soproPyl Alcohol AGGIH Gaup A4 N classifiable as :4 human carcinogen. XylenO IARC 3 Classification not possible from current data. ACGIH Group A4: Not classifiable as a. human carcinogen.. Formaldehyde AGGIH 5ensitiser; ACGIH Group A2 Suspected human carcinogen: NTP CARC Anticipated carcinogen. OSHA Potoritial cancer Lazard.. IARC 1 urrian carcinogen; Naplithelene; ACGIH Group A4 Not classifiable as a hurmian carcinogen. IARC 213 Possible carcinogen. NTP CARC Anticipated carcinogen. TARGET ORGAN TOXICITY Methanol . Ingestion may cause: blindness.. m= 1 , CAU[ -4N. _" No data is avail able 'on vrod ct Itself: p t1' f� e ADVIC ON DISPOSAL: Dispose of in accordance.with Iota 1 regulations: . Refer to the ill of lading or`container label`for DOT or other transportation hazard classification: Additionally, be aware that shipping:descriptlons;rnay vary based:on mode of transport, shipment volume:. or weight, container size: or type, and/or origin and destination. Consult your company`s. Hazardous Materials l Dang erous Goads ex art car your legal, counsel for infermation.s ecific to our situation. IT FEDERAL, REGULATORY STATUS. SARA HAZARD.CATEGORY I r Acute, 2 a Chronic;' 3 -:Fire C RCLA SUBSTANCE Methanol C.umene Xylene Formaldehyde Naphthalene T'SPA E feetive date. 1 ill 312[x{37 Repot version 2.0 REPORTABLE QUA NTITY 5000' lbs 500.0 lbs 1.00 lbs 100 ibs 100 lbs Page 6 of .8 Product SP-45X This product contains a substance subject to TS A:Section 12(b) [Export Notification Requirements. The exporter must s.ubmit'a notice to the USE;PA in:accordance vitl140 CFR Part 707: STATE REGULATORY STATU CAL IFORNIA PROPOSITION 6 0 002 "M X�1C)�U T� T"t�.ST`AT� QF'CAL1�3RNIi� TC CAt1S CANCER,`' I"ormaldehydo:. 0.1,6313% tephtiiol 0.1071% Ethylbenzene < • 90 s% ienxene' G U 00 ethylene oxide: <.0,0001% R�Pt t tJ tV HARM. Tolueno ; 0 002 "M Benzene; < 0 0001 % lmth .oxide < 010001% °STATE RIGHT TO KNOW NEW JERSEY RIGHT CHEMICAL LIST Curnene Ethy:ibenzene ethylene oxide Formaldehyde lsoprppyl Alcohol M`e.thenol Naphtt ale.rie Toluene 1;2;4- Trimethylbenzerte Xylerie 'Benzene MAS ACHOS TTS RIGHT-TO-KNOW CHE.MICA LI .T Kerosine (petroleum), hydrodoWifudzed 1,3,5- Trirnethylbenzene Benzene Xylene 1,2,4 Trimethylbenzene Toluene Naphthalene Methanol Kerosene Isopropyl Alcohol. Hydrotreated 110ht distillates Formaldehyde . Ethylene oxide thylbenzene, Cumene .PENNSYLVANIA i IGHT-T O-KNO. W CN. MIC LIST Effective date: 1111312007 page 7 of S Report version 2.0 Product SP -M Kerosine. (petroleum )=` hydrodesulfur zed 1,3,5- Trirnethyibenzene; Isopropyl Alcohol Hydrotroated Light distillates . Formaldehyde.. Ethylene oxide. Ethylbenzene Cunene INVENTORY STATUS NO` IFICATION STATUS TSCA Listed or Exempt NFPA RATING HEALTH 2 LAt1 MABIL1TY 3 INSTA91L ITY 0. Prepored By;; Product Stewardship Preparation Date 1.1.113126.07 The data and information . contatnecl herein are being furnished for informational ,purpose' d only, upon: the expre.ss condition that each Customer shell m ke its own assessment of appropriate use and appropriate shipping, transfer and storage Materials and procedures for: Products. Althou h. aced viii information sources which 8 pedal . Productsconsiders.accurate.and reliable, Special Pro ucts:mokes no warranty, either express or irnplied, including any .warranties or merchantability or:fatness for a particular purpose, regarding the validity of this] nformation, the information sourcessupon, which the;.same are based—or the. results to be:obtalned,:and oxpressly disclaims liabilities for damages or iniuries resulting. from the use thereof: Effective date: '1.11.13/2007 Pag6 8 Of 8 Repot version 2;0 S. I MEN Al i ` ; .tF it •: i PRODUCT NAME : APPLICATION NFPA 704MIHMIS RATING VX9173 SURFACTANT Nalco Energy Services, L.P. P.O. Box 87 Sugar Land, Texas USA 7M97 -0087 HEALTH: 3 13 FLAMMABILITY: 3 13 INSTABILITY: 0 /0 0 = Insignificant 1 = Slight Z = Moderate 3 = High 4 = Extreme t' -_ M / Our hazard evaluation has Identified the foilowing chemical substance(s) as hazardous, Hazardous S ubstances) F�l�tFfa�oi . Wthanot Sittfeclants... TOXIC Exposure Limit Eye Irritant IHAZARDSL IDENTIFICATION EMERGENCY OVERVIEW ..DANGER. Flammable. Toxic by Inhalation, in. contact. with skirt acid if swallowed:.(rrita #liig to eyes, respiratory'systern and skin. Harmful by inhalation and in contact with :skin steep away from:heal, Keep away from'.sources of ignition No smoking. Keep container tightly closed. Do not get` In eyes on skier, on clothing. Do not take internally. Avold` breathing vapor. - Use with adequate ventiletian In case of contact with eyes, rinse Immadlately. with plenty of +pater aril seek medlcol'advlce, After contact with skin wash immediately with plenty of water. Wear su ltable protective ciathing' x PRI ROUTES OF EXPOSURE Eye Skin Inhalation HUMAN HEALTH HAZARDS - ACUTE. EYE CONTACT Severely Irritating. If not removed promptly,*wIli Injure eye tissue and may result in nergy Services, L.P. P.O. Box 87 Sugar Land 77 118 RECE ry� damage. ' . _.. ilvo Bt)'d`n.0 OF OIL & GA1 = _t -'Gt` -V-1ON SKIN CONTACT No adverse effects expected. Harmful If absorbed through skin. INGESTION Not a likely route of exposure. Toxic if swallowed, Harmful if swallowed. INHALATION Repeated or prolonged exposure may irritate the respiratory tract. HUMAN HEALTH HAZARDS - CHRONIC No adverse effects expected other than those mentioned above. ENVIRONMENTAL HAZARDS This produc t may pose a rislt to the aquatic ecosystem if. released; Keep nut bf waterways.. PHYSICAL AND CHEMICAL HAZARDS Highly flammable. 4. FIRST AID MEASURES 1 EYE CONTACT Immediately flush eye with water for at least 15 minutes while holding eyelids open. If symptoms develop, seek medical advice. SKIN CONTACT Immediately flush with plenty of water for at least 15 minutes. If symptoms seek medical advice. INGESTION Do not Induce vomiting without medical advice. if conscious, washout mouth and give water to drink. If reflexive vomiting occurs, rinse mouth and repeat administration of water. Get medical attention. INHALATION Remove to fresh air. treat symptomatically. If symptoms develop, seek medical advice. NOTE TO PHYSICIAN Based on the individual reactions of the patient, the physician's judgement should be used to control symptoms and clinical condition. 5. FIRE FIG14TING ft4EASURFS Flash Point: 600 OF 115.0 °C < 73A 1~i < 23 C ,—EXTINGUISHING MEDIA .._ Foam, Carbon dioxide, Dry powder, Other extinguishing agent suitable for Class B fires, For large fires, use water soy or fug, thoroughly drenchid the burning material. Water mist may be used to cool closed contalners. E i FIRE AND EXPLOSION HAZARD Nal6o Energy Services, L.P, P.O. Box 87 Sugar Land 77487 -0667 (830)305 -1000 218 Phase of the product may occur after prolonged storage. The top phase will be combustible hydrocarbon solvent. Flammable Liquid; may release vapors that form flammable mixtures at or above the flash point. Vapors can travel to a source of Ignition and flash back. Empty product containers may contain product residue.. Do not pressurize, cut, heat, weld, or expose containers to flame or other sources of ignition. may evolve oxides of carbon (COx) under fire conditions. SPECIAL PROTECTIVE.EQUIPMENT FOR FIRE FIGHTING In case of fire, wear a full face positive - pressure self contained breathing apparatus and protective suit. 6. J ACCIDENTAL RELEASE MEASURES PERSONA PRECAUTIONS Restrict access to area as appropriate until clean -up operations are complete. Use personal protective equipment recommended In Section 8 (Exposure Controls /Personal Protection). Stop or reduce any leaks if It Is safe to do so. Ventilate split area If possible, Remove sources of Ignition. Ensure clean -up is conducted by trained personnel only. Do not touch spilled material. Have emergency equipment (for fires, spills, leaks, etc.) readily available. Notify appropriate government, occupational health and safety and environmental authorities. METHODS FOR CLEANING UP SMALL SPILLS: Soak up spill with absorbent material. Place residues In a suitable, covered, property labeled container. Wash affected area. LARGE SPILLS; Contain liquid using absorbent material, by digging trenches or by ,'diking. Reclaim Into recovery or salvage drums or lank truck for proper disposal. Clean contaminated surfaces with water or aqueous cleaning agents. Contact an approved waste hauler for disposal of contaminated recovered material. Dispose of material In compliance with regulations Indicated In Section 13 (Disposal Considerations). ENVIRONMENTAL PRECAUTIONS Prevent material from entering sewers or waterways. Spilled product may pose a risk to the aquatic ecosystem if released, if drains, streams, soil or sewers become contaminated, notify local authority. HAN HANDLING Do not get in eyes, on skin, on clothing. - Do not take Internally. Use with adequate ventilation. Do riot breathe vaporsfgasestdust. Keep the containers closed when not In use. Have emergency equipment. (for fires, splits, leaks, etc.) readily available. Ensure all containers are labeled. Do not use, store, spill or pour near treat, sparks or open flame. STORAGE CONDITIONS Store in suitable labeled containers. Store -the containers tightly closed. Store away from heat and sources of Ignition. Have appropriate fire extinguishers available in and near the storage area. Connections must be grounded to avoid electrical charges. Store separately from oxidizers. OCCUPATIONAL EXPOSURE'LIMITS Exposure guidelines have not been establi$hed for this product. Available exposure limits for the substance(s) are ,o—� shown below. Nalco Energy Services, L.P. R.O. Sox 87 Sugar Land 77487 -0087 (630)305.1000 318 OCCUPATIONAL EXPOSURE LIMITS ACGIH/TLV Methanol AIHAIWEEL Methanol Manufacturer's Recommendation Methanol OSHAIPEL Methanol GENERAL ADVICE The use and choice of personal protection equipment Is related to the hazard of the product, the workplace and the way the product Is handled. In general, we recommend as a minimum precaution that safety glasses with side - shields and workciothes protecting arras, legs and body be used, in addition any person visiting go area where this product is handled should at least wear safety glasses with side - shields. RESPIRATORY PROTECTION If significant mists, vapors or .aerosols are generated an approved respirator Is recommended. An- organic vapor s, cartridge with dust/mist prefilter or suupplidd air may be used. in event of emergency or planned entry into unknown concentrations a positive pressure, full- faceplece SCBA should be used. If respiratory protection is required, Institute a complete respiratory protection program including selection, fit testing, training, maintenance and Inspection. HAND PROTECTION Nitrite gloves Neoprene gloves PVC gloves lubber gloves Butyl gloves SKIN PROTECTION Wear chemical resistant apron, chemical splash goggles, impervious gloves and boats. A full slicker suit is recommended if gross exposure Is. possible. EYE PROTECTION' When handling this product, the use of splash chemical goggles is recommended. HYGIENE RECOMMENDATIONS . Eye wash station and safety shower are necessary. Keep a safety shower available. if clothing is contaminated, remove clothing and thoroughly wash the affected.area. Launder contaminated clothing before reuse, 9. IPH YSICAL AND CHEMICAL PROPERTIES. PHYSICAL. STATE 'Liquid APPEARANCE Clear ODOR Bland Flash Paint 60.0 OF 115.0 °C C 73.4 Pl < 23 C Nalco Energy Services, L.P. P.O. Box 87 Sugar Land 77487 -0087 (630)305 -1000 418 ��(J rig- ��G �LIUriraG�z�-''� •_�—_ ,_ n „���` O-t� u_ / ,u 6 1 I I : �Md F �, ocl, ex)"w i REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PARKING 00038 Memorandum To: ?ep t Grty,Cleik a8fald C i valrrts From: Program Packaging and Development Services (PPDS) Provider Date: January 11, 2011 Regarding: Board Packet Documents Attached are the following documents fiom the Joint Schools Construction Board meeting scheduled on January 10, 2011: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated December 6, 2010 3. Fully Executed Phase ITT Application and Certificate for Payment No. 44 —November 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 29 —November 2010 S. .Phase III Application and Certificate for Payment No. 45 —December 2010 6. Phase IV Application and Certificate for Payment No. 30 — December 2010 7. Phase V Application and Certificate for Payment No. 13 — December 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project -- November 2010 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV— November 2010 REFERRED THE SPECIAL % CM T ON E0 �V OVW k. �b s � \ _::.: ��� f �, o. 0065) 0 3 Comprehensive Annual Financial Report Fiscal Yr Ended June 30, 2010(Compt) Ccp# 12, 11116 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPT Recommended by the Committee on Finance C �1 , Drug Asset Forfeiture Annual Certification Report & Audit FY 2010(Pol) X14 Cop# 2, 01111 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPT Recommended by the Committee on Finance Policy for Selling Surplus, Worn -Out and Obsolete City -Owned Assets (item No. 158, C.C.P., June 8, 2010) That the Common Council supports the above resolution for the sale of surplus, worn -out and obsolete city -owned assets. Adopted. Recommended by the Committee on Finance Chairman TAB:rmv tAwp60lmswor&Ymv%158c6- 8c.doc ���� - . ,�, ._ � � . ;. 0000 E. Harris - Concerns Management at Marine Dr. Apartments ( #30, 04113) That the above item is hereby referred to the Special Committee on Waterfront Development. ADOPTED Recommended by the Committee on Community Development LEGISLATION `� 00000 Food Store License ® 860 'William (Ite No. 13, C.C.P., Jana, 11, 2011) That the above items be, and the same hereby is returned to the Common Council without recommendation. J,k: mbek moved: T cant to &1liam/a he City Code e Co�mr�nissia er cif Permit and Inspectioes be, authorised gr t a Food o License to Sharif 5a ated at 8a Lucky' with he folio 'rng c nditions: 1. e stare 10:0 am tea 1 :00 p 2ere sho tis m is or inyt ' else bloc g or covering L mows t tt ie store. 3. T re eta be no ve s Parke on Vesidewalk. /Passed. Recommended by the Committee on Legislation wa Chairman TAs:nnv r:VvOQVmwor v\ano1- IleAoc i � Response to CC Req. Amending Ch 511-CCP #73, 74, 75 12/14/10- Special Zoning Dist., Private Clubs and General Merch. Stores (EDPI) ( #14, 1 /11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 1) , 0i Restaurant .Dance Class N — 3270 Main Street (Item Igo. 1.5, C. C.P., Jan. 11, 2011) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is directed to deny a Restaurant Dancing Class IV License to Brian Schmid d/b /a Checkers located at 3270Main Street. POY Recommended by the Committee on Legislation � C airman TAB:nnv x:�ivsoUnswflra\rmvusol -r rr.aoo 00063 Second Hand License —16'73 Broadway F (Item No. 17, C.C.P., Jai. 11, 2011) d 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 Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Dave McNichol c/b/a SBI Aaron's located at 1673 Broadway, Pass e'A. Recommended by the Committee on Legislation. Chairman TA]3:rjnv T:�AV60�msvordVmvU7ol -i io.doc 5 Ci ..� * AYE NO FONTANA FitANGZYK GGLOMBEK �` x IEAIENS � g �^r �y LOCURT® st * x PRIDGEN IHVERA RUSSELL x SMITH Maj '¢ 5 n �� 3/4- 7 40064 Sidewalk Cafe —189 Delaware (Item No. 18, C.C.P., Jan. 11, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That Pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere .License" to Iiouad Badawy, applicant, located at 189 Delaware Avenue, d/bIa Kings Court Lounge to install a 9 x 12 sidewalk cafe with a railing, which would encroach city right -of -way at said address, subject to the conditions imposed by the Commissioner. Passed. Recommended by the Committee on Legislation C�A.Vk)0"O 1 4 -1 11j hairman AVE * NO Y FONTANA x y��p p 'fix ry�(j I`Rf$1'�CZH K GOLOMB KEARNS X h�L /'^�g q�g rg� L®CURTO x it yp DfY N 7'f RIVERA x 7C RUSSELL * � SMITH x Maim 2/3e 6 3/4 7 X °eC 9k 000 A. Schineller- Appeal Preservation Bd Decision Regarding 888 Main St. (434,1/11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation A. Komanecky, Petition to Use 1700 Kem - pore — Erect Pole Sign in a Mm1 Zone (Item No. 36, C.C.P., Jan. 11, 2011) That the petition. of A. Komanecky, agent, for permission to use 1700 Kenmore to erect a 7' x 10' x 20' high pole sign be, and hereby is approved with the following conditions: 1. That the pole sign is a rnaxinium height of 18 ft. 2. That the area of the pole sign is to be no more than 70 sq. I 3. That the Petitioner provide landscaping at the base of the pole sign. Passed. Recommended by the Committee on Legislation Ch an TAB:rmv t:Vvp60\msword\xmv\36c I - I I c.doc `V) AVE NO �C FONTANA 'y g - � } � A � ®may yyp R RA ^� � Z YK GOL®MBEK 'k YEARNS ]�C �TT LOCURT® s�r1� 3■ g ��g gl�Y, aW��yT .R RIDlPE l iii' S� if Y AAA�A RIVE RA SC RC i� 7C RUSSELL SMITH Ma j { 5 }C q` 2f 3 ° �6 Jt 4 ° / 00061 A. Komanecky, Petition to Use 3364 Bailey — Erect 1 Story Masonry Store & Fence Exceeding Height Restrictions (Item No. 37, C.C.P., Jan. 11, 2011) That the petition of A. Komanecky, agent, for permission to use 3364 Bailey to erect a fence exceeding height restriction be, and hereby is approved with the following conditions: 1. That the pole sign is a maxim urn height of 16 ft. 2. That the area of sign is to be no more than 50 sq. ft. 3. That the Petitioner provide landscaping at the base of sign. Passed. Recommended b the Committee on Legislation Y g hairman TAB:rmv t k%Yp60\mswor&nnv\37cI -[ Ic.doc i Maj 2/3- 6 3/4- 7 AYE NO FONT ANA FRANCZYK x GOLOMIREK KF+ ARNS LOCURTO PRIDGEN x RIVES RUSSELL SMITH 406(3:1 Pres Bd Conditionally Approved Application -888 Main St. (Strat Plan) (44,12/28) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 06069 Revise Preservation Cade (Item No. 67, C.C.P., Dec. 28, 2010) That the Acting Corporation Counsel draft an ordinance amendment including the following wording to Section 337 -4(c) (1): "A quorum (of the Preservation Board) shall consist of a majority of the members. AD decisions of the Preservation Board shall be made by a majority vote of the full membership. All decisions of the Preservation Board shall be made within 45 days, or such longer period of time as may be agreed to by the applicant consistent with this ordinance, but if the Preservation Board tails to act within 45 days, such failure to act shall be deemed a denial of the application." That Section 337-21(c) be amended to read, "fn ease of a denial (by the Preservation Board), the Preservation Board shall state the reasons therefore and shall make recommendations concerning changes in the applicant's proposed action that would be grounds for reconsidering the application. An applicant may amend an application while it is being considered by the Preservation Board, but not reapply until at least six months from the date of the denial." Adopted. Recommended by the Committee on Legislation i t :\wp6OVnswor&:rmv%67ci2- 28c.doe �0? That pursuant to 3411 Bailey P Second Hand Dealer -- 3411 Bailey (.Item No. 33, C:C.P., Oct. 5, 20.10) %tetri S4 oft C n Se ces be, tee Thomas Gager }, Economic to grant a at Recommended by the Committee. on Legislation W Chairman TAB:rmv 1:lwp5©limword\nnvl33c10- 5c.doc 007 Second Hand Dealer ---- 729 Sycamore (Item No. 16, C.C.P., Nov. 30, 2010) That Pursuant to Chapter 254 of the City. Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Abdul Fahah Majid dlbfa Lucky Market 11 located at 729 Sycamore with the following conditions: 1. That the operating hours of business should be 10:00 any to closing no later tlian .10 :00 pin. 2. That the applicant provide landscaping at the base of the sign. Passed.. Recommended by the Committee on Legislation Chairman TAB:nnv tAwp6U1mswordlrmvi 16c 11- 30c.doc k �1 rk *AYE NO FONTANA � FRANCZVK x GGL®MREK KEARNS L®CURT® PRIDGEN * �` RIVERA * x ?�C RUSSELL X SMITH STC �C R 7�G 213° / 6 3/4 / St 7C SE X00 I- 2 �t Creation of a Streets Coordinator (Item No. 116, C.C.P., May 11, 20 10) That a Complete Streets Coordinator shall be credentialed with a minimum of a Master's Degree in urban planning, urban design, traffic engineering, or a related field, and have a minim of one year professional experience in implementing or in advocating for Complete Streets, Traditional Neighborhood Design (TND), and/or Context Sensitive Design (CSD) policies; and That among the duties of the Complete Streets Coordinator, these shall include the coordination between City departments, the Bicycle and Pedestrian Advisory Board and between governmental partners such as the GBNRTC, NFFA, and NYSDOT the for implementation of the City's Complete Streets Policy; the creation of a new citywide Street Design Manual, based on recent policy guides such as New York's Street Design Manual, Seattle's Right-of-Way Improvements Manual, and San Francisco's Better Streets Plan, that will be the policy guide for all public space improvements in the City of Buffalo; the integration of the City's Complete Streets Policy in City planning and project initiatives, including the upcoming Citywide Land Use Plan and Transportation Strategy; and the application for state, federal, and foundation grants to financially enable the City to proactively implement its Complete Streets Policy in every section of the city. Recommended by the Committee on Legislation Chairman TA,B: ry TAwp60Xmswordlsmv11160 -11 c.doc ADOPT FINAL RESOLVES, REMAINDER To SWAY IN LEGISLATION 4 �tVA 'b i 001? M. Madia -Req Change in Pkg Requirements Surrounding Five Businesses ( #64, 7121) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation .; a e1 � Y POLICE OVERSIGHT (RICHARD A. PONTANA, CHAIRPERSON) 00074 0 First Meeting of The Police Reorganization Commission - 1/20/11 at 6 PM (CP) ( #4, 1/11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight )-�A 4 D. Smith -Abuse by the NFTA Transit Authorities ( #25, 11/30) That the above item be the same and hereby is Received and Filed. ADOPTED Pw Recommended by the Special Committee on Police Oversight J (910 Annual Report - 2008 -2009 (Cit Rts) ( #45, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight P�6 J. Golombek - S. Host — Concerns Reg Closed D District Police Station ( #44, 3/16) That the above item be the same and hereby is Received and Filed. ADOPTED 4: Recommended by the Special Committee on Police oversight t (�'1 100711 D. Buschwald -Reg Police Camera at Intersection Genesee St & doss Ave (Lov) ( #40, 2/.16) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight s q The Business Council f aanuary 19, 2011 Buffalo City Council .1308 City Hall Buffalo, NY 14202 Members of the City Council. OH3 P-D ') Y3 The Business Council of New York State opposes this legislation - Ordinance Chapter 288 -which would prohibit all natural gas drilling in the city of Buffalo. First, this measure is unnecessary. There has not been any gas drilling in Buffalo for nearly 10 years and none of the recent activity surrounding the issue of hydraulic fracturing centers on Buffalo or its surrounding area. Second, natural gas drilling is safe. New York has been a leader in natural gas exploration and drilling for decades under the regulatory oversight of the Department of Environmental Conservation (DEC). The Department's ongoing and long - standing regulation of natural gas drilling has proven sufficiently protective of groundwater resources and will continue to be protective under the enhanced permitting requirements proposed in the DEC's Supplemental Generic Environmental Impact Statement (SGEIS). Hydraulic fracturing, which has been the focus of the recent anti-drilling efforts in the state, is a proven technology that has allowed natural gas producers to safely and economically recover natural gas from deep shale formations across the country. It is vital to today's shale gas revolution, which is reducing reliance on foreign oil, lowering air emissions generated by dirty coal and vastly increasing America's supply of clean natural gas. Thousands of horizontal wells have been drilled across the United States with hydraulic fracturing .without contamination. Our neighbor to the south is a testament to the success of this drilling. Economic revitalization is underway across Pennsylvania's northern border. Third, the bill's provisions are very broad, prohibiting all drilling in any gas formation, whether hydraulic fracturing is used or not. Since 1821, 75,000 wells have been drilled in this state. More than 90% of the hundreds of new wells permitted in New York State each year in formations other than Marcellus and Utica are developed using hydraulic fracturing, The Department issued more than 1,200 such permits in the past two years. Buffalo should not put itself in the position whereby gas drilling of any kind can never occur within the city. q The Business Council of New York state, Inc, 1 152 Washington Avenue I Albany, New Yar& 12210 -2289 1 www.bcnys.org i T 518.465,7511 Finally, while there ise no anticipated drilling activity in Buffalo, this sets a negative. precedent for the rest of the state that drilling is unsafe to do anywhere, even as the Department continues to grant permits every year. This could have the effect of delaying economic development opportunities in other parts of the state, which will drive jobs and economic growth for many financially strapped communities and provide extraordinary end use savings for customers who burn clean, abundant and domestically produced natural gas. Natural gas production will yield extensive new job opportunities, provide increased state and local tax collections and boost local economies and provide long -term growth particularly to the Southern Tier, an area in desperate need of economic growth. We encourage the City Council to reconsider this proposed ordinance. Only then will New York move toward achieving its long -term energy security goals, its environmental compliance objectives, and economic opportunities that are sure to follow natural gas development. For these reasons the Business Council does not support this legislation, and urges the City Council to defeat this measure. Sincerely, MF Marcus W. Ferguson, Esq. Director of Government Affairs The Business Council of New York State, Inc. Business 152 Washington Avenue 14" Albany, NY 12210 T 518.465.7511 X 212 F 518.465.4389 w_ww.bcnV .orq -- r REFERRED TO THE ON LEGISLATION. January 19, 2011 Page 2 of 2 ro e Published: June 3, 20I0 oAVf, tV1 # CqA5 it-. �P_ New mortgages unavailable for properties with gas drilling leases, By Linda Fields NORTHEAST Pa ® Property owners may make money from leasing to Marcellus Shale gas drillers, and they may also find their property can't be financed for a new mortgage. If gas is extracted and sold, the royalties can be lucrative; but what they may not know is that as long as a lease is intact, they may not be able to mortgage their property. Broker Lori Rudalavage, who owns LA Mortgage in Clarks Summit, has been trying to sort out the policies being put into place at major banks. It hasn't been easy, and it concerns her. "There are a Iot of properties with leases in this area," Rudalavage notes. She adds, when it comes down to obtaining a mortgage on those properties, "more and more of [the banks] are saying, `no, no, no, 91T When asked to comment for the record, Wells Fargo would only say it has "no opinion at this time." But Rudalavage has been told that Wells Fargo would not be inclined to fund a property with a gas lease. In a memo, a top executive at the bank writes it would be "very difficult to obtain financing due to the potential hazard." The memo continues, "Also if the Gas Leasing is new to the area there are too many unknowns." One of the unknowns, according to the executive, is what the lease would do to "the marketability of a property." Rudalavage has been told by First Place Bank that it would pass on financing a gas - leased property. She says Citizen's Savings & Loan has recently changed its policy from a "no deal" to a "maybe," explaining that for a fee of 350 dollars, its attorney would review the lease and make a determination. This makes Rudalavage worry. "I do believe a lot of people signed leases without knowing it could hurt future selling or financing of the property." She hopes a uniform policy will be adopted in the financial banking industry. "I think until a major bank takes a stand on it with a definitive policy - it's going to be whatever they're comfortable with. Even if you have a perfect credit score, you might not get financing," she said. The Realtor's lament How do you get a buyer to consider a purchase when they know the property might not be bankable ?" asks Jennifer Canfield, a real estate broker in the Upper Delaware Valley. Canfield says she has been told by a customer that they were turned down for a home equity loan by GMAC because their property was under a gas lease. Canfield cites a long list of banks that won't fund leased properties, based upon environmental risk. She adds, "Some local banks might underwrite their own loans. But many people don't want someone else to decide for them where to get the loan." She likens the situation to a homeowner in a flood zone for whom flood insurance protection has been withdrawn. GMAC has not responded to a request for a comment. In Pennsylvania, the mineral estate can be separate from the real estate, thus allowing a private contract (i.e., a lease) to be drawn up between a landowner and a gas exploration firm. Environmental and infrastructure concerns in connection with Marcellus Shale gas drilling have been well publicized. But putting environmental concerns aside, if such a lease leads to the lowering of real property values, the separation may not be so matter- of-fact. According to James Leiser, a clerk at the Pike County Geographic Information Systems office, there are about 1,000 "Marcellus Shale" acres covered under five leases recorded in Pike County. But Leiser adds, his office hasn't seen any leases come through since September of 2008. Water needs on hold County Planning Director Sally Corrigan says all water withdrawal permits, needed for the water - reliant fracking process, have been put on hold by the Delaware River Basin Commission, which needs to examine fracking. This makes little sense to Pennsylvania. Department of Environmental Protection spokesperson Tom Rathbun, who said the hydraulic fracturing method has been used since the 1940's. He says that it isn't the amount of water used that potentially can cause trouble, but what happens at the drilling site. "There needs to be proper erosion and sediment controls, the storage of waste has to be handled properly on the surface," Rathbun explains. He adds, the DEP also has to monitor well construction and the transportation of water. "All the talk about water withdrawals just diverts attention away from the real issues," Rathbun says. "The amount of water used in this state for recreation dwarfs what the gas industry uses." Property devaluation hits tax revenues Pike County Commissioner Karl Wagner Jr. says, "If a property owner cannot get a mortgage or sell their house because of gas lease, they could petition the Board of Appeals to have the fair market value of the property lowered." While that could result in lower taxes and less revenue for the county, Wagner says it is premature to worry. He notes that there is pending state legislation that would give counties the right to assess oil and gas interests for property tax purposes, and share in any new revenue from natural gas development through state levies such as a severance tax. Canfield laments, "Even if sellers want to hand over the revenue derived from a future well, the clientele I've always relied upon don't care to come here for that. In my own case, the phone stopped ringing when it became widely known how many thousands of acres were signed up. It would be helpful if the same people who signed leases could see how much we have lost in revenue from property and home buyers who made use of local services, frequented retail shops and restaurants and hired local contractors for building and remodeling. We can someday, perhaps, recover from the economic downturn ...but leases run with the land." http: / /www. strausnews.com/articles /2010/06/05 /pike — county courier /news/ 1. txt REFERRED TO THE COMMITTEE N LEGISLATION, !t 5 k By DAVID B. CARUSO, Associated Press David B. Caruso, Associated Press Mon Jan 3, 2:48 pm ET The natural gas boom gripping parts of the U.S. has a nasty byproduct: wastewater so salty, and so polluted with metals like barium and strontium, that most states require drillers to get rid of the stuff by injecting it down shafts thousands of feet deep, Not in Pennsylvania, one of the states at the center of the gas rush. There, the liquid that gushes from gas wells is only partially treated for substances that could be environmentally harmful, then dumped into rivers and streams from which communities get their drinking water. In the two years since the frenzy of activity began in the vast underground rock formation known as the Marcellus Shale, Pennsylvania has been the only state allowing waterways to serve as the primary disposal place for the huge amounts of wastewater produced by a drilling technique called hydraulic fracturing, or fracking. State regulators, initially caught flat- footed, tightened the rules this year for any new water treatment plants but allowed any existing operations to continue discharging water into rivers. At least 3.6 million barrels of the waste were sent to treatment plants that empty into rivers during the 12 months ending June 30, according to state records. That is enough to cover a square mile with more than 8 1/2 inches of brine. Researchers are still trying to figure out whether Pennsylvania's river discharges, at their current levels, are dangerous to humans or wildlife. Several studies are under way, some under the auspices of the Environmental Protection Agency. State officials, energy companies and the operators of treatment plants insist that with the right safeguards in place, the practice poses little or no risk to the environment or to the hundreds of thousands of people who rely on those rivers for drinking water. But an Associated Press review found that Pennsylvania's efforts to minimize, control and track wastewater discharges from the Marcellus Shale have sometimes failed. For example: ® Of the roughly 6 million barrels of well liquids produced in a 12 -month period examined by The AP, the state couldn't account for the disposal method for 1.28 million barrels, about a fifth of the total, because of a weakness in its reporting system and incomplete filings by some energy companies. Some public water utilities that sit downstream from big gas wastewater treatment plants have struggled to stay under the federal maximum for contaminants known as trihalomethanes, which can cause cancer if swallowed over a long period. Regulations that should have kept drilling wastewater out of the important Delaware River Basin, the water supply for 15 million people in four states, were circumvented for many months. In 2009 and part of 2010, energy company Cabot Oil & Gas trucked more than 44,000 barrels of well wastewater to a treatment facility in Hatfield Township, a Philadelphia suburb. Those liquids ultimately were discharged into a creek that provides drinking water to 17 municipalities with more than 300,000 residents. Cabot acknowledged it should not have happened. People in those communities had been told repeatedly that the watershed was free of gas waste. "This is an outrage," said Tracy Carluccio, deputy director of the Delaware Riverkeeper Network, an environmental group. "This is indicative of the lack of adequate oversight." The situation in Pennsylvania is being watched carefully by regulators in other states, some of which have begun allowing some river discharges. New York also sits over the Mareellus Shale, but Gov. David Paterson has slapped a moratorium on high - volume Wracking while environmental regulations are drafted. Industry representatives insist that the wastewater from fracking has not caused serious harm anywhere in Pennsylvania, in part because it is safely diluted in the state's big rivers. But most of the largest drillers say they are taking action and abolishing river discharges anyway. Cabot, which produced nearly 370,000 barrels of waste in the period examined by the AP, said that since the spring it has been reusing 100 percent of its well water in new drilling operations, rather than trucking it to treatment plants. „ Cabot wants to ensure that everything we are doing is environmentally sound," said spokesman. George Stark. "It makes environmental sense and economic sense to do it." All 10 of the biggest drillers in the state say they have either eliminated river discharges in the past few months, or reduced theta to a small fraction of what they were a year ago` Together, those companies accounted for 80 percent of the wastewater produced in the state. The biggest driller, Atlas Resources, which produced nearly 2.3 million barrels of wastewater in the review period, said it is now recycling all water produced by wells in their first 30 days of operation, when the flowback is heaviest. The rest is still sent to treatment plants, but "our ultimate goal is to have zero surface discharge of any of the water," said spokesman Jeff Kupfer. How much wastewater is still being discharged into rivers is unclear. Records verifying industry claims of a major drop-off will not be available until midwinter. Natural gas drilling has taken off in several states in recent years because of fracking and horizontal drilling, techniques that allow the unlocking of more methane than ever before. Fracking involves injecting millions of gallons of water mixed with chemicals and sand deep into the rock, shattering the shale and releasing the gas trapped inside. When the gas comes to the surface, some of the water comes back, too, along with underground brine that exists naturally. It can be several times saltier than sea water and tainted with fracking chemicals, some of which can be carcinogenic if swallowed at high enough levels over time. The water is also often laden with barium, which is found in underground ore deposits and can cause high blood pressure, and radium, a naturally occurring radioactive substance. In other places where fracking has ignited a gas bonanza, like the Barnett Shale field in Texas, the Haynesville Shale in Louisiana, and deposits in West Virginia, New Mexico and Oklahoma, the dominant disposal method for drilling wastewater is to send it back down into the ground via injection wells. In some and states, wastewater is also treated in evaporation pits. Water is essentially baked off by the sun, leaving a salty sludge that is disposed of in wells or landfills. [Related: Republican-led Congress to fight Obama pollution plan Operators of the treatment plants handling the bulk of the Pennsylvania waste say they can. remove most of the toxic substances without much trouble, including radium and barium, before putting the water back into rivers. "In some respects, its better than what's already in the river," said Al Lander, president of Tunnelton Liquids, a treatment plant that discharges water into western Pennsylvania's Conemaugh River. The one thing that can't be removed easily, except at great expense, he said, is the dissolved solids and chlorides that make the fluids so salty. Those substances usually don't pose a risk to humans in low levels, said Paul Ziemkiewicz, director of the West Virginia Water Research Institute at West Virginia, but large amounts can give drinking water a foul taste, leave a film on dishes and give people diarrhea. Those problems have been reported from time to time in some places. Those salts can also trigger other problems. The municipal authority that provides drinking water to Beaver Falls, 27 miles northwest of Pittsburgh, began flunking tests for trihalomethanes regularly last year, around the time that a facility 18 miles upstream, Advanced Waste Services, became Pennsylvania's dominant gas wastewater treatment plant. Trihalomethanes are not found in drilling wastewater, but there can be a link. The wastewater often contains bromide, which reacts with the chlorine used to purify drinking water. That creates trihalomethanes. The EPA says people who drink water with elevated levels of trihalomethanes for many years have an increased risk of cancer and could also develop liver, kidney or central nervous system problems. Pennsylvania's multitude of acid - leaching, abandoned coal :mines and other industrial sources are also a major source of the high salt levels that lead to the problem. Beaver Falls plant manager Jim Riggio said he doesn't know what is keeping his system off- kilter, but a chemical analysis suggested it was linked to the hundreds of thousands of barrels of partially treated gas well brine that now flow past his intakes every year. "1t all goes back to frackwater," he said. r ��.�/ http: / /news. yahoo. com /s /ap/ 20110103/ ap_ on_ he_ me /us_gas— drilling_frackwater_4 Radioactivity Posted December 1, 2010 by David Lewis The shale deposits that have the US gas industry so excited were studied after WWII by the Atomic Energy Commission and declared to be the largest uranium resource in the US. Because the gas industry is now going after gas by drilling into a uranium resource their new gas is contaminated with many times the radiation their former product contained. According to Dr. V.E.Swanson, author of. Oil Yield and Uranium Content of Black Shale "the amount of uranium in these shales is extremely large reckoned in billions of tons of metallic uranium." Why aren't companies raining for uranium? 'There is a catch. Richer deposits were discovered. Supposedly, when uranium becomes scarce they're going to mine it from sea water. But first, they'll go for what is in these shales. Sea water contains about 3 parts per billion uranium. The US shales that have all the new gas average out between 16 - 20 parts per million uranium, which is a concentration 5,000 times higher. The richest gas and uranium bearing shales are former shallow ocean bottoms. Hence the immense extent. A large area of the US happens to be former ocean bottom. Here is a world map showing the oceans as they looked in Cretaceous times: Geologists call some deposits that were formerly the bottoms of these oceans "marine black shales ". Bits of dead carbon based lifeforms and their wastes constantly rain down on ocean floors all over the world and accumulate along with clay and bits of rock as sediment. The organic matter preferentially absorbs, i.e. concentrates, some of the dissolved uranium that exists as parts per billion in all ocean water. Over millions of years a thick layer builds up. As conditions change layers of different composition build up on top which compress and heat the deposit. The organic matter is cooked into hydrocarbons: i.e. the gas and oil. The concentrated uranium sits there mixed in with it. Hundreds of tons of uranium were refitted from a shale deposit very similar to the US shales that contain gas, in Sweden from 1950s to the 1980x. (See page 22 in this paper The Alum Shale there, compared to all known shales here, is a bit higher grade if evaluated as a uranium deposit. It is now uneconomic to produce uranium from deposits of this type. Ore deposits that become uneconomic get reclassified from "reserve" status and are then called part of the "resource ". As the world runs out of richer deposits, or if prices rise and/or new technology is discovered, parts of the "resource" are reclassified into parts of the "reserve" and mining begins again. Whatever the classification scheme, all those billions of tons of uranium are in the US shales, intimately mixed in with all the new gas. Shale gas was once a lowly "resource" like this. The DOE mapped it out just after the energy crisis in the early 1970s. The resource was found then to be colossal, but no one knew how to extract it economically. Higher prices and new technology ( "fracking") turned the "resource" into a "reserve". Uranium in shale tends to be most concentrated precisely where the greatest amount of gas in shale is. Perhaps you can see now where this article is headed. Studies were done on the same US shale formations from two very different perspectives, i.e. by those looking for uranium and by those looking for gas. I looked at both. I was wondering how much radioactivity is in the new shale gas. A bit -o- background: all natural gas is contaminated with some radioactive radon gas. Radon is t produced constantly as the uranium in all rocks undergoes radioactive decay. Natural gas extracted from a uranium deposit contains more radon than natural gas extracted from ordinary rocks. Radon decays rapidly which means it is highly radioactive. It lasts long enough to reach places where the natural gas is consumed, like your home. Burning it mixed with natural gas in, say, in a cookstove doesn't change it at all. It survives the flames and enters the room air where you can breathe it. If it decays in your lungs, the cells nearby are blasted with ionizing radiation at close range. This is one way cancer is known to be initiated. There isn't a lot there. If you cook and heat with gas, you get exposed to a dose of radioactivity a mere 15 times what you'd be exposed to if you lived right next door to a nuclear reactor and you used nuclear electricity to cook and heat with instead of gas. Because reactors emit so little radiation, 15 times as much as what living next to a reactor exposes you to isn't dangerous. The authorities I got the 15 times figure from put it online to show people who worry about nuclear reactors how safe they are. They weren't trying to pin a label of radioactive danger on natural gas. But how will people feel if the new gas exposes them to hundreds of times more radioactivity than a reactor? Turning to the DOE study: Review of Rn222 In Natural Gas Produced. From Unconventional Sources "If one were to assume that the US average concentration of 37 pCi/I of Rn 222 in natural gas were due to approximately 3 ppm U238 in the reservoir rock, the 151 pCi/I of Rn 222 observed in the gas from Devonian shale wells is roughly in proportion to the overall average 16 ppm U238 observed in Devonian shale." This gibberish can be turned into useful information. What that paragraph says is if we know how much radioactive uranium is in the "host" formation they are extracting any gas from, we can have a good idea how much radon will be in the gas, and hence, how much of a radiation dose we will get as we use that gas. The radon/uranium ratio was observed to stay relatively constant even as the uranium content varied fairly radically. That study was intended for the gas industry. It is in the interest of the gas industry and those scouring the US for new places for them to drill to ignore or minimize the existence of uranium. And, the focus was on a shale gas industry when it was still a gleam in some gas driller's eye. It assumed the average Devonian shale to be only 5 times as radioactive as the average host formations are that the good old regular gas comes from, and ignored radical deviations. Devonian shale is one major type the gas industry is looking at when they talk about the massive new reserves. Devonian is a subcategory of gas bearing shale: geologists refer to "marine black shales" as generally rich in gas. But let's go back to Swanson, the Atomic Energy Commission study guy. He said this about marine black shales: "most contain less than .01 U238" That's 100 p.p.m. That's 33 times as much radioactivity as the Bost formations for regular gas. Swanson described "hundreds of square miles" of Tennessee where there is a 15 foot thick layer of marine black shale bearing U 238 at 60 ppm. That's 20 times as much as an average host formation they extract regular gas from. Returning to the DOE study. It couldn't look at shale gas in much detail. The industry did not exist compared to today: the study was written in 1980. As it says: "it has not been possible in every case to directly obtain information ... ... that could be considered typical of future production." The Atomic Energy Commission study guy, Swanson, published another pager He examined an extremely high grade (for a marine black shale) sample containing uranium in Arkansas in 1962. This � was a sample that contained 0.55% U238, He described a report on another sample in the area he didn't see personally which was 0.71% U. Incidentally, that's 5,500 and 7,100 ppm U238, respectively. These are not typical. At that time he summed up the US shale situation this way: "marine black shales... have an average uranium content of about .002 % and a general range of about .0008 to 025%. That's 20 pprn average, a bit higher than the DOE found later. But note the high end of the range. 250 ppm. Consider how they explore for gas. I found an online edition of Pennsylvania Geology which contained an article by one of the geologists who originally mapped out the Eastern Gas Shales for the DOE. He had some advice for companies who want to prospect for shale gas. I quote: "RADIOACTIVITY ® ORGANIC RICHNESS = GAS... [ my note: the gas industry prospects for shale gas with a type of geiger counter ] Organic -rich shales have higher radioactivity responses than typical shales because the organic matter tends to concentrate uranium ions that otherwise would be scattered throughout the sediment.... ...higher -than normal gamma -ray response also equates to gas - production potential. The correlation might not be 100 percent, but it is very high. This is a very important concept for those looking to produce shale gas. Many companies would look for places where the entire formation is thick, but they should actually be looking for where it is most rich in organic matter In other words, companies are being advised to look for shale that is the most radioactive if they want to find shale with the most gas. The shale formations they want to find gas in can have as much as 250 ppm U If they have that much they are 80 times as radioactive as "normal average ", good old red blooded American conventional gas. 80 times the radioactivity of normal average gas is going to expose consumers to 1,200 times the radiation dose they'd get if they lived right next door to an operating nuclear reactor. I'll certainly be sleeping a lot more soundly tonight now that l know this. Will everyone like their gas this hot? I wonder. http: / /theenergycollective.comlindex. php? q- david- lewis /4 7970 /shale -gas- some -it -hot Fracking mobilizes uranium in groundwater, researcher says Scientific and political disputes over drilling Marcellus shale for natural gas have focused primarily on the environmental effects of pumping millions of gallons of water and chemicals deep underground to blast through rocks to release the natural gas. But University at Buffalo researchers have now found that process— called hydraulic fracturing or "fracking --also causes uranium that is naturally trapped inside Marcellus shale to be released, raising additional environmental concerns. The research was recently presented at the annual meeting of the Geological Society of America in Denver. Marcellus shale is a massive rock formation that stretches from New York through Pennsylvania, Ohio and West Virginia, and which is often described as the nation's largest source of natural gas. "Marcellus shale naturally traps metals such as uranium and at levels higher than usually found naturally, but lower than man -made contamination levels," says Tracy Bank, Ph.D.,.assistant professor of geology. "My question was, if they start drilling and pumping millions of gallons of water into these underground rocks, will that force the uranium into the soluble phase and mobilize it? Will uranium then show up in groundwater ?" To find out, Bank and her colleagues at UB scanned the surfaces of Marcellus shale samples from Western New York and Pennsylvania. Using sensitive chemical instruments, they created a chemical .map of the surfaces to determine the precise location in the shale of the hydrocarbons, the organic compounds containing natural gas. "We found that the uranium and the hydrocarbons are in the same physical space," says Bank. "We found that they are not just physically—but also chemically -- bound. "That led me to believe that uranium in solution could be more of an issue because the process of drilling to extract the hydrocarbons could start mobilizing the metals as well, forcing them into the soluble phase and causing them to move around." When Bank and her colleagues reacted samples in the lab with surrogate drilling fluids, they found that the uranium was, indeed, being solubilized. In addition, she says, when the millions of gallons of water used in hydraulic fracturing come back to the surface, it could contain uranium contaminants, potentially polluting streams and other ecosystems and generating hazardous waste. The research required the use of very sophisticated methods of analysis, including one called Time -of- Flight Secondary Ion Mass Spectrometry. The UB research is the first to map samples using this technique, which identified the precise location of the uranium. "Even though at these levels, uranium is not a radioactive risk, it is still a toxic, deadly metal," Bank concludes." We need a fundamental understanding of how uranium exists in shale. The more we understand about how it exists, the more we can better predict how it will react to fracking." http:// newyork .sierraclub.org /SANol4O/Frack Uranium.htm November 3, 2009 Editorial Among the many dubious provisions in the 2005 energy bill was one dubbed the Halliburton loophole, which was inserted at the behest of — you guessed it — then -Vice President Dick Cheney, a former chief executive of Halliburton. It stripped the Environmental Protection Agency of its authority to regulate a drilling process called hydraulic fracturing. Invented by Halliburton in the 1940s, it involves injecting a mixture of water, sand and chemicals, some of them toxic, into underground rock formations to blast them open and release natural gas. Hydraulic fracturing has been implicated in a growing number of water pollution cases across the country. It has become especially controversial in New York, where regulators are eager to clear the way for drilling in the New York City watershed, potentially imperiling the city's water supply. Thankfully, the main company involved has now decided not to go ahead. The safety of the nation's water supply should not have to rely on luck or the public relations talents of the oil and gas industry. Thanks in part to two New Yorkers — Representative Maurice Hinchey and Senator Charles Schumer — Congress last week approved a bill that asks the E.P.A. to conduct a new study on the risks of hydraulic fracturing. An agency study in 2004 whitewashed the industry and was dismissed by experts as superficial and politically motivated. This time Congress is demanding "a transparent, peer - reviewed process." An even more important bill is waiting in the wings. Cumbersomely named the Fracturing Responsibility and Awareness of Chemicals Act, it would close the loophole and restore the E.P.A.'s rightful authority to regulate hydraulic fracturing. It would also require the oil and gas industry to disclose the chemicals they use. The industry argues that the chemicals are proprietary secrets and that disclosing them would hurt their competitiveness. It also argues that the process is basically safe and that regulating it would deter domestic production. But if hydraulic fracturing is as safe as the industry says it is, why should it fear regulation? http://www,nvtimes.com/2009/11/0`3/ Sort- terra Financial Effects of ° Governor 1 9 Riidget Create Shortfalls The 29 new DEC staff the Governor proposes to oversee gas extraction will cost $3 million for each of the next two fiscal years, while the revenue from the severance tax on drilling will produce only $1 million, and only in 2011. Thus, taxpayers would subsidize the methane gals industry by $5 million over 2 years. This constitutes a f drain on the Mate, and reveals the gas drilling initiative as highly questionable in terms of its single touted benefit — revenues to shore up NYS's fiscal shortfalls Meth o k<, Y Economy? Compare the economic gain from gas drilling that New York State can expect over the next 20 years to the gain from some of the state's most important industries. Estii a� t d pot Ott ai ai4 ve, 20 years The estimated gain from methane gas does not take into account the tax burden from explosions, fires and accident cleanups, the contamination of public and private water by natural gas and injected / "produced" toxins, environmental degradation, civic infrastructure damage, and human / animal health costs historically incurred by gas drilling. Other deficits not included here are upfront lease payments, or costs from damage to infrastructure or loss of farmland and potable water. The value for urethane gas was computed using a 50 trillion cubic foot estimate of recoverable gas in the Marcellus shale, multiplied by 25% for the fraction in New York State, at $14 per 1,000 cubic feet (the high price in summer 2008) and 12.5% for the 'royalty marry landowners get.' Gas extraction $22 billion' Tourism $173 billion Farm cash receipts $48 billion Dairy products $39 billion Grapes and wine $68 billion Hunting & fishing $32 billion Wildlife watching $32 billion Total $22 billion $392 billion The estimated gain from methane gas does not take into account the tax burden from explosions, fires and accident cleanups, the contamination of public and private water by natural gas and injected / "produced" toxins, environmental degradation, civic infrastructure damage, and human / animal health costs historically incurred by gas drilling. Other deficits not included here are upfront lease payments, or costs from damage to infrastructure or loss of farmland and potable water. The value for urethane gas was computed using a 50 trillion cubic foot estimate of recoverable gas in the Marcellus shale, multiplied by 25% for the fraction in New York State, at $14 per 1,000 cubic feet (the high price in summer 2008) and 12.5% for the 'royalty marry landowners get.' RESOURCIES: thnesleader NORTHEASTERN PENNSYLVANIA'S MOMEPAGE February 25, 20€19 7Ymes Leader, "Amid cheap gas, Pa. drillers carry on. State is not seeing the same reduction in Marcellus shale drilling as other areas." By Rory Sweeney rsweeney@timesleader.com Staff' Writer http: / /www.timesleader.com/ news /hottopiWshate /Amid -- cheap _gas Pa 2009.html 2 "Tourism Impact in the Adirondacks" Mareellus shale counties account for about 17% of the $51 billion spent on tourism in New York in 2007. Marcellus counties tourism s $8.67 billion per year Over 20 years = $173 billion ht tp:// www .adirondackbasecamp.com/2008 /09 /tourism - impact- adirondacks/ National Agricultural S tatistics S ervice National Agricultural Statistics Services, New York State NYS agriculture = $165 billion annually Over 20 years -- $73 billion from Marcellus Shale region http: / /www.nass.usda .gov /Statisties_by_State/New York / Publications /County_Fstimates/index.asp 4 StuffAboutSta;tes Select dairy products for NYS Cash receipts in 2004 = $1.95 billion Over 20 years = $39 billion for the whole state http://stuffabouistates.com/new.york/agriculmm.htm m New York's grape, grape juice and wine industry Receipts = $3.4 billion annually Over 2(Y years = $6$ billion derived from the Marcellus Shale region National Agricultural Statistics Services, New York State NY Agricultural Statistics Service, 2007-2008 Annual Bulletin, Table 34 bttp: / /www.nass.usda .gov /Statistics by State/New York / Publications /County_Estimates/index.asp 6 NY's hunting & fishing and wildlife income Hunting / fishing 2006 � $1.6 billion Over 20 years -- $32 billion Wildlife watching 2006 = $1.6 billion Over 20 years _ $32 billion U.S. Fish & Wildlife Service, New York 2006 National Survey of Fishing, Hunting, & Wildlife - Associated Recreation http: / /wws ,v.census.gov /prod/www labs /fisiiing,htmi http : /lwww..shaleslrock.orglwhat- are- potentiaE- economc_gai�zs = and risks -of gas - drilling To access the original article and graph, go to above link and click on "What's at Risk" Oct 21, 2006 OR Footprint 200 MILES 1120 7S When a mining, oil or gas corporation proposes to mine or drill on pristine public lands, the company Often defends Its development plans with statistics on the size of the operati l "fbotpdm" - the amount of land that will:be denuded of vegetation for rods, buildings, concrete well pads, waste pits, processing facilities and other kft muctum In reality the footprint is rarely %o remarkably container) as industry would have officials believe: government studies document that 40 percent ofalt Western headwaters are polluted with mine waste, and that in some cases plumes of smog chat rival big city pollution will extend hundreds of miles tiara well hea. CD ©G un- °naturalgas . org DISTANCE IMP'ACT'S 0.5 mile Noise impacts from oil and gas drilling 0.66 Surface water pollution firm gas drilling miles 5 t miles Views marred by oil & gas wsils 20 miles Uround water pollution froth mitring 55 miles Soil contaminated by raining dust 75 • id Migradug wildlife impacted ntslc 120 rniNs Surface water pollution front Initti »i; 200 ,ndus Air pollution t'ront oil & gas drilling hltp:eFiV6 %VJWC'Ud6.0rg CD ©G un- °naturalgas . org The Dangers of Natural Gas Drilling ° with Horizontal, High - Volume Hydraulic Fracturing of Stone Gas Formations Eras companies have leased over 7% of the land in Otsego County yet only 2% of Otsego residents will benefit directly. Drilling for natural gas in the Marcellus Shale with horizontal drilling and hydraulic fracturing will begin as early as this summer. Towns and cities are unprepared to deal with the huge changes coming our way. With a thousand square miles of land leased and 40 -acre spacing regulation, Otsego County could see as many as 16,000 wells. Who is responsible to ensure that local roads, bridges, and culverts can take this stress? Who protects the neighborhoods, schools, businesses along these proposed routes? The oil and gas industry estimates that 2 to 9 MILLION gallons of freshwater with 1% chemical additives is needed per well, per frack, which is a minimum 20,000 to 90,000 gallons of pollutants per gas well. Even if there were only 1,000 gas wells, that is 2 billion to 9 billion gallons of toxic waste water. Corning to your town as early as this summer 1) Poisoned Water Supplies -- billions of gallons of toxic waste water will be produced, approximately half stays in the ground and what comes back up must be disposed of. The likely disposal methods will be spreading on roads or injecting it back into the ground. Toxic water could leach into the ground water and surface water. The toxins used in gas drilling have been shown to cause cancer, death, birth defects and other severe health problems. Z) Air Pollution — Thousands of trucks and heavy machinery will be used. Volatile chemicals will off -gas from the open pits of waste water and from "flaring" gas at the well heads. hazardous levels of ozone will be generated making the atmosphere look like that of Los Angeles. This will cause higher levels of lung and heart problems. 3) Vast Increase in Truck Traffic ® Every well site will use hundreds of heavy trucks to carry in water and carry out waste. In Pennsylvania, where this type of drilling is already underway, the DEP estimates 1,000 "dragon trucks" per well, per "fracking." 4) Fires -® Accidents are comrmon'in the gas industry. Huge, raging fires could stress local fire departments. 5) Noise Pollution — Noise will be increased from truck traffic, 24/7 drilling operations, and the constant low frequency noise of compressors used everywhere to pump the gas. Low frequency noise can cause heart arrhythmias and other serious health problems. 6) Industrial Landscape — The wells will be spaced as closely as one every 40 acres or 16 wells every square mile. Roads, pipelines, drill sites with heavy machinery, and massive trucks will cover the Southern Tier of New York. 7) Road Degradation -- Miles of roadways will be overused by truck traffic necessary for drilling, causing dangerous driving conditions for passenger cars and school buses. ti) Higher Property Taxes and Low Resale Value -•-- Property taxes will increase drastically for land that becomes leased but mortgages will be much harder to obtain. Buyers will not want to purchase leased lands or nearby properties. 9) drug Culture --- Gas companies will bring in workers for drilling. In other states, many of them were heavy users of metharnphetamines. 10) Overburdened Social Services, Health Care and School Systems --- The influx of transient drilling workers and their families will create a burden for the social services and school systems. Health Care facilities will max out with health problems and accidents caused by gas drilling. 11) No Zoning Can Keep Away Drill Sites — Drill sites could even be located downtown because the gas industry is exempt from zoning laws. They could drill in cities and towns just as they are doing in Fort Worth, Texas °-- both downtown and in suburban neighborhoods. Protect your community. Keep shah gas drilling out of our toms and watersheds. Oneonta Healthy Communities Campaign 1 AS DRILLING CONTAMINANTS AM THEIR SOURCES* BTEX Benzene, Benzene is a known carcinogen. Toluene Venting of natural gas toluene, may affect the reproductive and Central Wastewater pits ethylb6nzene nervous systems. Ethylbenzene and and xylenes xylones may have respiratory and Toxic wastewater neurological effects. Dehydration CH, Methane The main concern is that this gas can Venting of natural gas explode. Dehydrations Diesel fuel A complex Both fuel and exhaust contain Gas "stimulation" fluids mixture of carcinogenic substances like benzene and Oil -based drilling muds hydrocarbons PAHs. Engines / heavy equipment PAHs Polycyclic Several agencies have classified some Diesel exhaust Aromatic PAHs as probable or possible Flaring Hydrocarbons carcinogens. Animal studies show reproductive effects. Wastewater pits H i s Hydrogen Aggravates respiratory conditions, and Venting and flaring of sulfide affects the neurological system and "natural" gas (if cardiovascular system. It can also cause present in central nervous system problems. oil and gas formations) Rues from soils Toxic Examples There are different potential health -- Drilling muds metals arsenic, consequences associated with each metal. Gas "stimulation" fluids barium, Possible toxic effects include hair cadmium, loss, kidney damage, skin problems, high Wastewater pits chromium, blood pressure, increased risk of cancer Toxic wastewater lead, and of neurological damage, among Venting and flaring mercury, others. selenium, Diesel exhaust zinc and others NOx Nitrogen These react with Compressor engines oxides •VOCs to form ground -level ozone and Flaring smog, which can trigger respiratory problems Diesel. / "natural." gas • other chemicals to form particulate drilling engine exhaust pollution, which can damage lungs and cause respiratory illness, heart conditions and premature death o common organic chemicals to form toxics that can cause genetic mutation VOCs Volatile React with NOx to form ground-level Venting and flaring of Organic ozone and smog, which can trigger "natural" gas Compounds respiratory problems. Can cause health Wastewater pits include BTEX problems, such as cancer. (above), Oily wastes formaldehyde Diesel / "natural" gas and others drilling engine exhaust Compressors Particulate Small Can be inhaled and cause adverse health Diesel exhaust matter particles effects, like respiratory ailments, Waste pit dust suspended in aggravation of asthma and allergies, air ainful breathing, p g, shortness of breath, Venting and flaring chronic bronchitis and premature death. May combine with other air pollutants to aggravate additional health problems. Some particulates, such as diesel exhaust, are carcinogenic. so, Sulfur Reacts with other chemicals to form IDissel / "natural." gas r"( aM dioxide - pallution, which damage c�xllnc� engine exhaust lungs and cause respirat=ory ss, Flaring heart. conditions and rematuath. Edited from Theo Colbom's original. See ht ; Iwww o ac `o n .or ublicat`o .c ? ub = as and FhW_LWMa'.e&docn edis tstion.com/ltoit CID®C pan- naturalgas.org e The One Percent Obfuscalflon ' .by David J. Cyr The voices advocating stone gas drilling often assure inattentive listeners that all the chemicals used in the fracking procedure amount to a very small quantity — only about "one percent" of the fluids used. But I% of what volume? The Susquehanna River Basin Commission has stated: "The fracturing process uses an average of 2 to 9 million gallons of fresh water per well." One percent of 2 to 9 million gallons amounts to 20,000 to 90,000 gallons of toxic chemicals —per well. The 1% of added chemicals contaminate 100% of the water used. Some drilling advocates claim there's 14 years' worth of gas supply for the entire nation in the Marcellus Shale. To extract that much there would have to be tens of thousands of wells drilled in each of the states under which that deposit lies (New York, Pennsylvania, Ohio and West Virginia). The total combined drilling would likely result in hundreds of thousands of high - volume, high - pressure hydrofracking operations. That I percent addition of chemical cocktail would mean 200 to 900 million gallons of highly toxic chemicals for every 10,000 wells drilled, all of which is added to the enormous volume of confiscated water. If you add that 200 to 900 million gallons of highly toxic chemicals to the water taken for 10,000 wells, that clean drinking water confiscated by the drillers is transformed into approximately 20 to 90 billion (with a "B ") gallons of hazardous waste. If 100,000 wells are drilled, they would produce 200 to 900 billion gallons of hazardous waste --- enough to fill between 3,222 and 14,497 Exxon Valdez -class tankers. Anywhere from 30% to 70% of this Stays underground! http: / /www.riverreporter.eom/ issues /09 -01 -08 /news- backflow,htmi A tiny portion of really enormous volume is not an insignificant quantity — especially when it is water soluble, volatile, highly toxic — and can evaporate. Neer of active gas wells -- 2007 Pennsylvania 53,586 New York had 6,213 wells Ohio 34,307 (mostly old school — not West Virginia 45,422 Halliburtonized) 133,315 http: / /www.worldoil.com /magazine /magazine detail.asp ?ART ID =3439 It's not clear how many of those non -NY wells were old school and how many used the much deeper, horizontal drill method — hydrofracked with far more water, finder far more pressure than the old style. A safe guess is that many, if not most, of those wells in the other three states were done with the Halliburton process. If there are hundreds of thousands of available drill sites, the drillers will want them all — and the DEC, the Albany legislature and the governor have already made hundreds of thousands of drill sites available. • The total Marcellus Shale deposit lies under approximately 54,000 square miles of land. There are 649 acres in a square mile. k With 40 -acre drill site spacing, there's a potential of up to 16 wells per square mile. • 16 x 54,000 = 864,000 potential well sites. • 200,009 wells actually drilled is a very conservative estimate [see above], about 1/3 of which would be in New York State. I'A TS UT 4 1NA " N.at..ralty Qccurring dicnetive Iifl$ter°lal S DRI (NC IW) found inAhe lvlaacellu$ shale is high and will be expelled itac dangerous quantities A Stotaina Otsego d6cument from the wells. htt0,#sustaihableot# or9 0. index.p p ?till Main $ St�nao oilfield clter icals sire a adocrii a dis aptrsr$. ® la 1999 :there were only faun horizontal wells in These can load to genetic mutation and cancer, the 'Texas Barnett shale.: By the end of 2004 there; http . /lwww.endocrinedisrgtion.co were 744.16 2008, the 'Texas R. Copunission . most stave as wells nia be. fractured recorded. over 1`0,090 gas welt Completions- New .many tirtxes (up to 1$� 2�j in the lift span (�(1� 3(3 the York State has numerous gas: leases ready to drill . of the well:' many in Otsego County. The.Marcellus shale is comparable to but much' larger than the Barnett " The 2005 Energy Policy Act provides the oil and shale. If the li�arcellus proceeds at the Texas irate g� hdustay with sweepmg exemlvtians; frairi it w ill turn NY State's "Southern Ti into an provisions its the major federal envir onmental industrial wasteland. statutes intended to protect human health, and the http: / /vvww.fu cand4.`org/ enviroiament. These include the x http: / /Wwwrrc. stater .us /datalpetrofacts/index.php 1, SiifeUsi ngWater`.Act . a It has beers roughly estiuiated that chemicals 2, Clean Water Act normally used tt fracture . stone gas wells can makeup 0.44 (by weight] of the fractai iii 3, twlean Alr Act fluids. Tan`an operation i sing 2' million gallons of 4. Nastloani3il Ei►virnt►imental T"olicy. Act water, roughly. $0,000 pounds of chemicals' would be used. Marcellus wells will use �9 5. Co .Environmental Response, roar` lost garllo �t8 of water, Compensatiore5 and Liability Act 3 Susquehanna River Basin Commission 6. Resource Conservation & Recovery Act Hydrau is frac threatens out' 7. Toxic lltelease Inventory under the dI<°II1 I1 't e several ways. Emergency lPlai crag and Community Right-6-16io Act 'et ow the industry doesn't Liiidergrouand Contamaination..Hydraulic have to disclose chemicals to public) fracturing opens pathways for fluids o g ases from s Hydraulic.fzaetur �g is not predictable, as stated neighbo ring geologic layers to migrate where , in Schluzialierger s publaeation 0IMI.ELD a they're not intended.— sir any direction REP 7EW (2006) in the article `The Source for Surface Contamination; Fracturing fluid' Hydraulic Fracture Characterization," p. 44: chemicals, contaminated wastewater, dredged up �+ Geologic discontinuities such as fractures heavy metals and radioactive material can leak or arad lasts can: dominate fracture geometry in a spill frosts wellbores, wellheads, flowlines, trucks, way that makes predicting hydraulic fracture tanks and pits. Those leaks and spills can behavior d ifficult. Clearly, the exploration and contaminate our air, sail and water. production `'industry still has much to leans about Depletion and degradation of sus lace freshwater hydraulic fractures." and shallow drinking water aquifers. Drilling http://cogcc.state,co.us/ uses massive quantities of drinking water from lakes, ponds, streams and shallow aquifers for M ore information fracturing operations. The scale of this industrial dirawdown will lead to inevitable loss of traditional http: / /www naturaiga8.org/ water quality and availability. If contaminated litto: / /www.earthworksaction.orgloil and as -efin wastewater is dumped into streams, the chemical make and temperature of the wastewater may htt p:l/ www. otsegocounty .corn/deptslpin/NaturalGasLeas affect aquatic .organistns, and the enormous volume ing.htin . of disposed wastewater may damage. sensitive http: / /W".occainfo,,orgi aquatic ecosystems: li ttp://www.eai-thworksaction.org/publications.cfm ?pubID--383 a Natural Gas — Boom or Bust for New York's Economy? Compare the economic gain from gas drilling that New York State can expect over the next 20 years to the gain from some of the state's most important industries. ❑® ❑ 0 Estimated potential gain over 20 years $400B $32013 $240B $16OB $SOB $OB TOTAL $22 Billion 1 $392 Billion The estimated gain from natural gas does not take into account the tax burden from explosions, fires, spills, cleanups, the contamination of public and private water by natural gas and injected or "produced" toxins, environmental degadation, civic infrastructure damage, and human / animal health costs historically incurred by gas drilling. The Hazen & Sawyer study of the Catskill / Delaware watershed that supplies New York City — determined that gas drilling shoud be prohibited in the watershed and that cumulative impacts on the entire state must be assessed before drilling proceeds. Not included are upfront lease payments, or costs from damage to. infrastructure or loss of farmland and potable water. Clean, fresh water — New York State is fortunate to have it in relative abundance. It's a resource already compromised in many parts of the world. Why threaten our fresh water here at home when when it's needed for our dairies, our vineyards, our lucrative recreation and tourism industry, for growing our food? Unconventional gas drilling threatens our water, air and soil. After that, what's left? It is not rational to threaten life itself. 1. http : / /www.timesicadeLcom/ trews /hottopiGs /shale/Amid_ cheap _gas_Pa drillers cany_on_02- 25- 2009.htmI The value for natural gas was computed using a 50 trillion cubic foot estimate of recoverable gas in the Marcellus shale, multiplied by 25% for the fraction in New York State, at $14 per 1,000 cubic feet (the high price in summer 2008) and 12.5% for the royality many landowners get. Gas $22 B �- USDA UAIlod States Department of Agrtctdture 2 MMiM National Agricultural Statistics Service National Agricultural Statistics Services, New York State NYS agriculture = $3.65 billion annually Over 20 years _ $73 billion from Marcellus Shale region http: / /www.nass.usda.gov /Statistics by_ State / New_York/ Publications /County_Estimates/index.asp 3 StuffAlboutStat:es Select dairy products for NYS Cash receipts in 2004 = $1.95 billion Over 20 years = $39 billion for the whole state http://stuffaboutstates.cotn/new.york/agriculture.htm U Untied States Department of AgdfcWture 4 National Agricultural Statistic Servic New York's grape, grape juice and wine industry Receipts = $3.4 billion annually Over 20 years — $68 billion derived from the Marcellus Shale region National Agricultural Statistics Services, New York State NY Agricultural Statistics Service, 2007 -2008 Annual Bulletin, Table 34 http: / /www,nass:usda,gov /Statistics by_State/New York/ Publications /County_Estimates /index.asp � I If : � I NY's hunting & fishing and wildlife income Hunting / fishing 2006 = $1.6 billion Over 20 years = $32 billion Wildlife watching 2006 = $1.6 billion Over 20 years = $32 billion U.S. Fish & Wildlife Service, New York 2006 National Survey of Fishing, Hunting, & Wildlife - Associated Recreation http: / /www. census .gov /prod/www /abs /fishing.htmi 6 "Tourism Impact in the Adirondacks" Marcellus shale counties account for about 17% of the $51 billion spent on tourism in New York in 2007. Marcellus counties tourism $8.67 billion per year Over 20 years $173 billion http: / /www.a(firondack basecamp.com /2005/09 /tourism - impact -ad il Adapted by Stephanie Low and Carl Arnold from the work of John Schwartz, June 10, 2009, jwschwar @ithaca.edu To access the original article and graph: hfp: / /www.shaleshock.org /what are- potential- economric- gains -and- risks -of- gas - drilling /, click on What's at Risk. W E .. `i ►. l i " i is Gas drilling is a bloom :east mi dastry. Profits are short lived, with little money staying in the community. Large landowners who have financially benefited an likely to leave town,. While some reap uncial benefits; the entire community must pay for damages and to clean up a degraded environment. Gas drilling is highly subsidised and because of the surplus of gas in the market, gas companies cannot turn a profit without the help of your tax.dollars. In fact. they don ° t need to produce any gas to turn a profit A recent New York Tunes article stated that this. is one. .of the few industries where the aver -tax profit is greater than the before - tax profit. Natural gas is not a bridge fuel; it is a non - renewable fossil fuel Natural gas production forces government's focus away from a comprehensive energy Policy and diverts investment funds away from developing renewable energy sources. It does not promote conservation. Gas drilling is not about energy independence; foreign companies are currently obtaining local leases, and gas is being scold on the international market. Exemptions, de lation, government cutbacks, and lash of accountability have widermined the ability of government agencies; such as the DEC and >.EPX to provide adequate Protection 406st the environmental; econo is and social abuses of natural gas development Amy Mall of NRDC writes: How Toxic Are. Fracturing In April of this year, 17. cows died. in Caddo Famish, Louisiana, after apparently drinking fluid that had spilleil . from. a nearby "natural gas wellpad. The local sheriffs office, although the designated first responder, was not notified and found . out from community residents. it was .therefore several hours after the cattle deaths were found.. before the . Caddo Parish haaaetat team was dispatched. At the time of the accident, the well its question was being hydraulically fractured. At the site were two companies involved in the hydraulic fracturing: Superior Well Services . and Schlumberger, The Louisiana Department of Environmental Quality is still investigating this case, beat according to a. letter from Chesapeake Energy, the natural gas operator that owns the well- "During a routine well stimulation 1 formation fracturing operation by Schlamberger for Chesapeake, it was observed that a portion of mixed 'frac' fluids, composed of over " percent freshwater, leaked from vessels and/or piping onto the well load." This means that less than one percent of the fluid that leaked consisted of additives to the water. Yet it appears that the fluid was toxic enough to kill co s alm6ost immediately upon drinking. Chesapeake's letter also states that it did not report the spill because it was not a reportable. quantity of fluid. Does something sound wrong about this to you? It was enough to kill 17 head of cattle, but not enough to warrant reporting to the authorities. Industry says that. "On average, 99.5% of fracturing fluids are comprised of freshwater ..." and `other ingredients in fracturing Hasid could affect your health if you were exposed to theses in :high enough .quantities. However the concentration of these elements is far below the levels necessary to .pose a threat." Roes this make YOU feel safe ? ?? The MYTH of "Clean" Natural Gas hat ALL New Yorkers Should Know Those living in small rural villages and these living in large urban cities will all be impacted by this industrial activity. It's NOT gust a rural landowner issue. Speak Up If I Tell your local, state and national representatives what you think. Ask them to support a moratorium on hydraulic fracturing. Ask there to support legislation which restores home rule. Ask them to put an end to the loopholes exempting gas drilling from the Clean Air, Clean Water and Clean Drinking Water Acts. Valle to your neighbors. 'fell them what's involved. Share this brochure with them. Tell all who will listen what the bankers and insurance agents already know - the risks ;rust aren't worth it. For more information visit: mr /1-H. MI . R . ' M Provided by L.H. Miller Studio Get Informed Involved !' lC: i s . 11 ! .... - =1 1F 1. Declining Property Values Most banks and insurance companies consider gas - leased properties to be an unacceptable risk. Many loan companies have policies which deny mortgages on those properties which have been leased. Insurance companies are balking at writing policies for leased parcels, as landowners can be liable for accidents related to natural gas drilling. Drilling will eventually depreciate the value of not only your residence, but of investment parcels as well. If you are considering selling your property, you must ask, "Will I be able to find a buyer who is willing and able to pay cash ?" Z. Toxic Chemicals Gas companies say that frack fluid is 99% water but that equates to 7,500 gaiions of chemicals used for every well drilled. According to experts, 93% of these chemicals have adverse health effects, 60% are known carcinogens and more than 40% are endocrine disruptors. 3. You Can't Drink Gas The greatest and most widespread harm evidenced in gas drilling is toxic chemical pollution caused by spills. Any contamination of ground water and aquifers is a threat to public health, agriculture, and wildlife. After a recent spill in PA, the USDA quarantined cattle that drank contaminated water in an effort to protect the public from consuming potentially harmful products. But humans are not directly protected because the gas industry is exempted from the Clean Water Act and the Safe Drinking Water Act. Your drinking water is not protected. 4. Air Qualility Concerns w Ground level ozone and noxious chemicals can have serious health consequences on people, animals and plants. For humans this includes asthma, stroke, cardio- vascular disease and irritable bowel disorders. Methane, the principal component of natural gas, is as much as 25 times as potent as CO2. Experts say that during transport, 3 -5% of the methane escapes from pipelines and compressors as fugitive emissions. 5. Health Effect Prom. Other Pollutants Studies have shown that what the industry calls annoyances - noise, light and dust pollution - can also have a negative impact on health. Brine from drilling can contain heavy metals and be highly radioactive, yet some communities are using this as a road de -icer. 6. Increases in Traffic The DEC estimates between 5850 and 8905 truck trips for each well pad. Increases in traffic lead to increases in traffic accidents. School bus accidents and chemical tanker spills have occurred in other communities as truck drivers try to negotiate rural roads at high speeds. 7. Gas Pads Not Limited to Countryside Wells have been drilled near suburban houses, churches, schools, parks and evens in city centers. Even the dead can't rest in peace as cemeteries are not off limits to drilling activity. 8. Security and Social Costs Drilling - drivers temporary population booms increase demand on police, fire and EMS, and social services, all paid for by local tax payers. Studies have shown that as gas drilling increases in an area, so too does the crime rate. 9. Economics Gas production is slated for much of New York's food producing regions. Yet, agricultural production, tourism and recreation contribute more income to the state .economy than the proposed income from gas drilling. $4Ws SMS $24Ce Vim Gee we Gn W 2 Dari Froth =s. Grapm No Wvft Sou=: Sohn Schwartz 10. Environmental Issues Gas activities draw heavily on fresh water reserves. Reduced oxygen levels, high levels of dissolved solids and pollutants negatively affect aquatic life, including fish_ Many species of birds and wildlife are negativeiy impacted by forest fragmentation, while others may benefit (coyote). Unfortunately this creates an imbalance in the ecosystem. While some - species may be lost as an unintended cost of drilling, other species may arrive. Access roads and pipelines provide openings for invasive species infestation. PA Drinking Water Contamination by Toxic Che'micals Used in Hydraulic Fracturing Joint Press Release. EARTHWORKS * Powder River Basin Resource Council Pavillion, WY citizens call, forJrecking n wratorium Pavillion, WY, August 14, 2009 - This week U.S. Environmental Protection Agency told a group of over 70 that initial investigations found I I of 39 tested drinking water wells were contaminated. Among the contaminants are toxics used in oil and gas production. As part of a Superfund investigation, EPA began sampling in March 2009 in the Pavillion, WIC area in response to multiple landowners concerns about changes in water quality and quantity following EnCana's increased gas development in the area. Wyoming Department of Environmental Quality (WDEQ) and EnCana had continually assured Pavillion residents that there was no evidence of hydrocarbons or toxic chemicals in their drinking water wells. "Our families and neighbors are experiencing everything from miscarriages and rare cancers to central nervous system disorders, seizures, and liver disease" said John Fenton of Pavillion Area Concerned Citizens, a citizens group formed to address oil and gas contamination. EPA confirmed the presence of 2- butvxyethanol (2 -EE), a known constituent in hydraulic fracturing fluids, in three wells. This is the same chemical that was documented in the water well of Laura Amos, a Colorado landowner, after nearby wells were hydraulically fractured by EnCana. EPA reported that other water contamination, in the Pavillion wells, included methane, as well as adamantanes (a form of hydrocarbon) and six other chemical compounds of concern. In 2001 EnCana's fracturing operations in Silt Colorado were linked to methane and other contamination of Ms. Amos' nearby water well. Amos was unable to test immediately for chemical constituents related to hydraulic fracturing as she was unable to identify what chemicals were in EnCana's drilling products. In 2003 Ms. Amos was diagnosed with a rare adrenal cancer and she later discovered that 2 -BE had been used in EnCana's fracking products. According to Dr. 'Theo Colborn at The Endocrine Disruption Exchange, known health effects of 2 -BE include elevated numbers of combined malignant and non - malignant tumors of the adrenal gland, kidney damage, kidney failure, toxicity to the spleen, the bones in the spinal column and bane marrow, liver cancer, anemia, female fertility reduction, and embryo mortality. As a result of the EPA's findings, residents in the Pavillion area are now calling for a halt to EnCana's fracturing operation. "It's very disconcerting that we are finding known fracturing products and hydrocarbons in our citizens' water wells," says John Fenton. "W'e'll await EPA's determination as to what is the cause of this contamination. However, in the mean time, we are asking EnCana to ensure no more fracturing occurs in the area." EARTHWORKS -• Inadequate regulation of hydraulic fracturing 9/23/1010:12 AM A http:/I www e arthworksaalon .or9 /halliburton.cfm Page 1 of 3 61m) l!)Cr M ming 1-lit and Gas h! "css Rixim ISSLICS VublicahunN .!Rona Us FAR i l li)lvg HacCs aml N ojecis ISSUES INADEQUATE REGULATION OF HYDRAULIC FRACTURING COMMUNITV Abandoned Mines varcES Acid spline Drainage v The Naillburton loophole nsu, Ghana lle�ilth and Toxics in o State regulation a "AGC has the power to destroy Colorado o The history of federal regulation my livelihood and also short me Health and 'r oxies in a Efforts to close the Halliburton loophole without any provocation. NM ® More information, Including fact sheets and resolutions opposing the Halliburton loophole PUBLICATIONS Hydraulic Fracturing a General Information on frack€ng and its Impacts r<rackinii, Ilxt --- � .._ __. .T -_ _ -- _ ,__.... ._ �_.__,__ _ _ ..__W ,_ _. ____. Safe Drinking .Water Act Regulatlon The Halliburton loophole should cover hydraulic fracturing Myths & Facts Earthquakes Despite the widespread use of the practice, and the risks hydraulic fracturing poems Pretest our do Loo water: dose the x t� In the ltarcellus Shale to human health and safe drinks water supplies, the U.S. Environmental Protection drinking pp . Safe tariniiing Water Act Drinking Millsite Claims Agency ( "EPA ") does not regulate the injection of fracturing fluids under the Safe Mercur '� Dim� s Water Act The oil and gas Industry Is the only industry In America that is F Bins; Injected and allowed by EPA to Inject known hazardous materials -- unchecked -- directly Into or left; behind Oil and Gas Air adjacent to underground drinking water supplies. Protect our drinking w ater: chose Pollution Oil and Gas Hearth This exemption from the SD has become known as the "Halliburton loophole" tilt itx iOfS A to the Safe Ik Drinkingkirskg Water r Act Effects because It is widely perceived to have tame about as a result of the efforts of Vide .. Colt and Gas. Presdetnt Dick CherWs Energy "Cask Force. Before taking office, Cheney was CEO of Safe Need Landowner Support Halliburton -- which patented hydraulic fracturing In the 1940s, and remains o of m ne allib u r it Loophole s Iiailib the three largest manufatitarers of ftKturing fluids. Halliburton staff were actively Oil and Gas Leasing involved in review of the 2004 EPA report on hydraulic fracturing. Protect our drinking water. Close Oil and Gas Noise the Halliburton Loophole i n the Oil and Gas P ollution Mate regulation Safe Drinking Water Act Oil acid Gas haste Several oil and gas producing states have regulations governing some aspects of Congiress should dose the Disposal hydraulic ft-dcturing, but they rarely, if ever, require companies to provide detailed Halliburton loophole Stock Raisins; Information on types and quantities of chemicals being used, and whether the Fact Sheet: Hydraulic NKturing Homestead Act of 1916 amount Injected underground returns to the Surface or remains underground. should be regulatW under the (SRHA) Additionally, In most states companies do not have to prove that fixtures have Safe Drinking Water Act TRI stayed within the target formations. Nor do companies have to monitor water quality when there are drinking water formations in dose proximity to areas where hydraulic hydraulic Fracturing fracturing occurs. Myths and Pacts T:tl:F Ak 1'10 The history of federal regulation Now hydraulic fracturing t' €Pl'[.; it l In 1997, the U.S, Court of Appeals for the 11th C3rcult (Atlanta) ordered the EPA to works EA R l l lWc RKS mutate hydraulic fracturing under the Safe Drinking WaW Act. This decision followed a 1489 COO fracturing operation In Alabama that landowners say CAMPAIGNS contaminated a residential water well, i In 2000, in response to the 1947 court decision, the EPA Initiated a study of the threats to water supplies associated with the fracturing of coal seams for methane i production. The primary goal of the study was to asp the potential for fracturing to omtBminate underground drinking water supplies. E Meanwhile, In 2001, a Special task force on energy policy oo nvened by vice President Dick Cheney recommended that Congress exempt hydraulic fracturing from the Safe Drinking Water Act. - The EPA completed its study in 2004, finding that fraduring "poses li ttle or no threat" :- r to drinking water. The EPA also concluded that no further study of hydraulic 4 fracturing was necessary. The 2004 EPA study has been called "scientifically unsound" by EPA whistleblower Weston Wilson, In an October 2004 letter to Colorado's congressional delegation, Wilson reeeonmerKlerl that EPA continue investigating hydraulic fracturing form be '-'vi ,as % and a new peer review panel that would less heavily we€ghted with members of the regulated industry. In March of 2-005, EPA http:/I www e arthworksaalon .or9 /halliburton.cfm Page 1 of 3 EARTHWORKS,- Inadequate regulation of hydraulic fracturing e; '�t�i7 rub SiY�1 i AFFILIATES Alaskans for Responsible Mining ffl Ethical Metalsmtft Great Basin Resource Watch PARTNERS c ' I 1 Cenber for Science In Public Participation WTru h Inspector General Nikki Tinsley four enough evidence of potential mishandling of the EPA hydraukkc fracturing study to justify a review of wilsods : complaints. The Oil and Gas Accountability Project (OGAP) has conducted a raw of the EPA study. As reported in Our Ddnftiing Wafer at Risk, we found that EPA removed Infofnriiation frcxn eadler dry that wggested unregulated fracturing poses a threat to human health, and that the Agency did riot Indude information that suggests fia"ng fluids may pose a threat to drinking water long after drilling operations are completed. OGAP's review of relevant data on hydraulic fracturing suggests that there is Insuftent Inform Wn .far EPA to have concluded that hydraulic fracturing does not pow a threat to drinking water. Efforts to close the Halliburton loophole In 2005, a national energy Bill included the exemption of hydraulic fracturing from the Safe Drinift Waler'Act. This bill passed, with the exemption, although It left the door open for the EPA to regulate the use of diesel In hydraulic fracturing operations. In October 2008, Representatives DeGette, Salazar and Hlndtey introduces legislation to protect drinking water from 61 and gas development -- Including ending hydraulic fracturing's exemption to the Safe Drinking Water Act, In .tune 2009, DeGette, Hindxy and Pails in the House of Representatives, and Casey and Schumer in the Senate: introduced the Fracking Responsibility and Awareness of Chemicals Act (FRAC ACT). Local governments have written resolutions and letters supporting ending the hydraulic fracturing exemption to the Safe Drinking Water Act and requiring public disclosure of hydraul fracturing chemicals. FOR MORE INFORMATION 2009 teglalatilm to end the Halliburtan Loophole s Text of the Fracking Responsibility and Awareness of Chemicals Aft (FRAC ACT) e EARTHWORKS's press release e DeGette's press release Halliburton Loophole fact Sheets lh etr. * FACT SHEET: Congress should dose the Halliburton Loophole. Joint fact sheet by Earthjustice, EARTHWORKS, Natural Resources Defense Council, Western Organization of Resource Councils (May 2009). * FACT SHEET: Safe drill don't need the Halliburton Loophole (,tune 2W9). ® FACT SHEET; Fra€k fluids _e Injected and left behind (June 2009). * FACT SHEET: safe 6rinidng Water Act should cover hydraulic fracturing, Environmental Working Group, EARTHWORKS/OGAP (June 2009). * Untested drat . die rise of hydraulic fracturing an all and gas producdon and die need to revlWt regulation by Hannah Wiseman in Fordham Environmental Law Review (Spring 2009) Local resollutions supporting strongeir regulation of hydraulic firing (asterisked resolutions explicitly support ending the Halliburton loophole) Colorado e City of Durango* o City of Glenwood Springs* ® County of Huerfano County* County of La Plata + County of Pitkin * ® County of San Miguel County* ® County of Saguache* ,a County of Saguache, Baca Grande Water District* 9/23110 10:12 AM http:l lwww. earthworksaction .orglhatilburton.cfrn Page 2 of 3 EARTHWORKS -tlniW9quate regulation of hydraulic fracturing 9/23/10 10:12 AM e Town of Carbondale* r New York -� a City of New York County of Otsego ® County of Tompkins* ® Town of Cherry Valley Pennsylvania e Township of Nockamixon* Texas * City of Dish* Wyoming * Teton County* Rent nevis startes deatirg with dw Soft Ddntdng Warms Act Exemption (the Halliburton ) * Fed expiares the big f arking deal, Marketphatce, 6/8/2 * Industry Defends Federal Loophole for Drilling Before Packed Congressional bearing, ProPubilca, 6/5/2009. * Colorado, New York Representatives Want Regulation of "Fracking ", AP, 6/5/2009. * Face -off Over Tracking': Water Battle Brews On Hill," NPR, 5/27109. a "EDITORIAL: Is the West's water supply at rlsk ?," Denver Post, 11119/20. 2000 news stories sunvunding the Safe Drinbing Water Act Exemption (tM Halllburtctn loophole • "Exemption Likely to Drilling Rules: Fracturing, used by energy firms to extract oil and gas, is set to get a House panel's OK despite concerns that it imperils drinking water," Los Angeles Times, 04/14/2005. • EDITORIAL. Flip the switch on fossilized thinking," Philadelphia Inquirer, 04/20/2005. • "Enviros urge regulation of hydraulic fracturing," Greenwire, 04/15/2005 (subscription required). • "Group says feds should be tracking Waddng'," Glenwood Springs Post Independent, 04/15/2005. • "Fracking regulation may undo energy bill," United Press International, 04/1412005 • "Group, Extraction process threatens water," Denver Lost, 04/14/2005. • "Groups seeks more "fracing" controls," Casper Star - Tribune, 04 /14/2005, • "Fracturing regs reach breaking point ", Telluride Planet, 04 /14/2005 • "Fracturing exemption opposed by local interests," Grand Junction Sentinel, 04114/2005 • "Group disputes gas drilling method," Durango Herald, 04 /14/2005 EPA 2M Halliburton Loophole study and EARTHWORl IOGAP response * Environmental Protection Agency's 2004 study declaring hydraulic fracturing poses "little or no threat" * EPA whistleblower Weston Wilson's 204 letter declaring the EPA fracking study "scientifically unsound" * f3GAP C.ornments on EPA draft study Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs. (October 2002) * REPORT: Our Dnfnkt »,g Water at Rtsk. OGAP's review of the EPA's final study on Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs. (April, 2005) More general Information on fraddng and its Impacts EARTHWORKS 1 1612 K St., NW, Suite 868 1 Washington, D.C., USA 20006 202.887.1872 1 infb@earthworksaction.org I Privacy Polio http:// www. earthwarksactlon .orglhalllburton.cftn Page 3 of 3 How Marcellus Shale Gas rill* Where does this leave you? Most likely stuck. And what does it do to the value of your property? Most likely depreciate it, and the value of neighboring properties, too. Ora, imagine thim You have not leased your property, but your neighbors have, and - ®. because your prbperty is within 300 feet of theirs - -banks also balk at financing your property—because of volatile property values and environmental hazards. Orr, imagine thism You own a farm or a lake cottage in an area where gas. drilling is taking place and the value of your home and land has become so depreciated by the number of unmortgageable properties around you that your investment is no longer worth what you owe on it. These are not just hypothetical examples. Ask your local bank or credit union. FHA, HUD., OMAC and most major banks and credit unions hold exactly these policies on gas - leased property and the properties near them. Reportedly, Wells Fargo, First Place, Fidelity, First Liberty and Bank of America all consider financing such mortgages excessively risky: HUD, for instance (in its Handbook, 4150.2, page 2.7) puts it this way. • Operating and abandoned oil and gas wells pose potential hazards to housing, including potential fire, explosion, spray and other pollution. • No existing dwelling may be located closer than 300 feet from an active or planned drilling site. Note that this applies to the site boundary, net to the actual well site. The appraiser must examine the site for the existence of or any readily observable evidence of a well. As Yates County Attorney George Mathewson points out; "An upstate Federal Credit Union now states its policy regarding refinancing on properties on which there are gas leases (as opposed to active gas wells), as: `1. If there is an oil and gas lease on your property, Visions will not give you a mortgage loan secured by your property.... If you presently have a mortgage with Visions Federal Credit Union and you subsequently enter into an ail or gas lease after September 14, 2009, then i€ ! i t • fi '1 {� !• a 0 1 - •: pr dr! s drastically as a result of the unavailability of mort gages , p rice also drop accordingly." Two other factors further complicate this risk to landowners, "Horizontal Drilling" and 'Co I n t egrat io n ." Each of these square mile coverages is called a "unit." Q iM , �', 20 -. .. ,;•: �� .= : � _. -� >. Ala,. ��`. .��: 4 > - -• r s - �. .e -- I to -IL- Alf IMILOT )TAVIUSILIG The banks and insurance companies know this perfectly well, and that's why they often consider gas4eased land too risky to finance. r Ia t e. A r t icle b ! Dunde r The NYS Department of Environmental Conservation .(DEC }: is trying to.assure that they have nothing to fear from the gas.drilling that the DEC is permitting at the. rate of 1000 wells per year. But is the DEC creating a smokescreen behind which the gas industry will extract enormous profits, leaving focal communities saddled with the costs, as State Senator. Libous said, of "cleaning up the mess " ?. Here are the facts: Recent federal laws have exempted oil and gas industries from regulations and reporting requirements under the Clean Water Act, the Clean Air Act; and Safe Drinking Water Act, The effect of these exemptions is that the gasloil industry is the only one allowed by EPA to inject hazardous chemicals into or adjacent to underground drinking supplies. The NYS Environmental Conservation Law (Section 23) exempts the industry from local zoning laws, thus undermining traditional municipal control over and planning, and undermining Home Rule rights in our state constitution. THE DEC ITSELF WROTE THE LEGISLATION THAT MADE IT THE SOLE REGULATOR OF GAS DRILLING ACTIVITY, SO. IT IS IMPORTANT FOR THE PUBLIC TO EVALUATE ITS CREDIBILITY Testifying before municipal officials in Sullivan County, Oil and Gas Accountability Project lawyer Bruce Baizel, who has worked closely with the states of Colorado and New Mexico to upgrade their gas and oil regulations, doted many shortcomings in the DEC regulations:. • NYS REGULATIONS ALLOW OPEN PITS FOR "PRODUCED WATER" After finding leakage of nearly every open pit in Wyoming and Colorado, as well as contamination of adjacent water sources, both states have mandated or strongly recommended steel storage. tanks, • THERE ARE NO RULES ON HOW TO STORE, USE AND DISPOSE OF THE FRAC'ING FLUID. According to Balzel and the experiences of communities in Wyoming, New Mexico and Colorado, the DEC should forbid on -site burial of "produced water" and fracking.fluids. The DEC should be regulating these.fluids as the hazardous wastes they would be if other industries were producing them. * DEC REGULATIONS MAKE ENFORCEMENT MORE DIFFICULT AND LITIGATION MORE LIKELY SINCE THEM FAIL TO QUANTIFY PERFORMA..NCE.STANDARDS. s THE. DEC DOES NOT REQUIRE THE INDUSTRY TO REVEAL. THE CHEMICAL MAKE-UP OF.THE FLUIDS USED IN DRILLING AND FRACKING THE WELLS. EPA and industry studies of these fluids used prior to the EPACT 2005 reporting exemptions listed substances such as benzene, naphthalene, and heavy metals such as cadmium and arsenic, which are linked to severe human health effects, particularly around children. THE DEC EXERCISES NO CONTROL OVER THE CONSTANT USE OF HERBICIDES ON FIVE -ACRE DRILLING SITES • THE DEC PREEMPTED LOCAL STORMWATER /RUNOFF REGULATIONS WITHOUT STRINGENT STATE - LEVEL REGULATIONS. This allows the industries to flush its poisons downhill, and undermines local flood - mitigation programs. That the epicenter of future gas- drilling was also the epicenter of the flood of `06 ought give us pause. • THE DEC WROTE THE LEGISLATION RECENTLY SIGNED INTO LAW THAT MADE IT UNNECESSARY FOR DRILLERS USING NEW HORIZONTAL DRILLING PLUS HYDROFRACKING TECHNOLOGIES FROM LAVING TO APPLY FOR VARIANCES TO USE IT, WHICH WOULD HAVE TRIGGERED PUBLIC HEARINGS AND FAC°T- 01 LANDOWNERS TO GIVE UP THEIR SUBSURFACE (MINERAL) RIGHTS. Drilling units are established by the gas corporations based on where they control 60% of the land by leasing or outright ownership; The subsoil (mineral) rights belonging to the other 40% of the drilling unit becomes available to the gas corporations through the Compulsory Integration hearings (effectively an eminent domain process) the DEC provides; Since the rate of royalty payments to the owners of these subsurface (mineral) rights taken by this Compulsory Integration process is lower than the rate secured by "voluntary" leases or sale to the corporations, the DEC is in effect extorting landowners to lease their properties. THE DEC GAS- DRILLING PERMITTING PROCESS ENFORCES THE HIGH RATE OF PROFIT THAT THE TAI ;l a It pretends that leases based on highly unequal knowledge and power between the industry and individual property owners are contracts "freely entered into" by informed parties. It extorts obedience from landowners who would prefer not to sell their subsurface (mineral) rights through the use of Compulsory integration hearings, in which it sets maximum royalty rates far lower than those paid to "voluntary" leasing landowners. It excludes non - landowning citizens, the vast majority, from enjoying the financial benefits of gas - drilling, at the same time that it forces them (through the pre- emption of local government powers to protect their health and welfare) to bear the personal, social and environmental costs of drilling. For a range of topics relating gas- drilling to your health please see www.oaaa.orp * Read the news on local gas drilling at www.chenan o reens.er Join the discussion group of marcellusgasinfo-subscribe@googlegroups.com The Ch.enango Delaware Otsego Gas Drilling Opposition Group (CDOO) says: Protecting America's' access to clean air and water is paramount and should not be 'trumped by oil and gas exploration. The Federal government has delegated, to local and. state governments, ,the task of preventing toxic contamination of our air and water. At the same time, it has provided exemptions to one polluting industry, which .makes it difficult, or even impossible, for those local and state governments to enforce the environmental standards they should. The .federal government must again work together with states to provide the strongest possible environmental enforcement, and reverse its policies which permit pollution that would otherwise be illegal. CDOG strongly urges Congress to remove environmental statute exenWdorns provided to the oil and gran indusstry. For the US to realize the true cost of fossil fuels, environmental standards must be enforced - 1. Safe Drinking Water, Act (SDWA) a. The SDWA was amended in the Energy Policy Act of 2005 in three ways: L Hydraulic .Fracturing operations were completely exempted from regulation under SDWA. , ii. Energy Policy Act of 2005 asked for voluntary discontinuance of diesel fuel in (racking operations instead of banning outright iii. Underground Injection Control of (racking fluids were defined to codify the EPA's practice of not regulating fracking fluids. unless diesel fuels were used, and in the case of the use of. diesel .fuels regulation is discretionary, 2. Clean Water Act (CWA) a. The Energy Policy Act of 2005 amended the CWA so that sediment is no longer considered a pollutant in managing stormwater run -off. The exemption provided for in the Energy Policy Act of 2005 encompasses the drill pad site and all oil and gas field construction activities and operations. b. The EPA confirmed Congress' interpretation.by:stating:.that "all covered oil and gasrelated construction activities are eligible for the NPDES permitting exemption for their uncontaminated stormwater discharges without regard to the acreage disturbed." c. The EPA also defined oil and gas operations and activities to include the construction of the drill site, waste management pits, access roads, in-field treatment plants and transportation infrastructure. 3. National Environmental Policy Act (NEPA) a. The Energy Policy Act of 2005 created a presumption that the following oil and gas related activities should be analyzed and processed by the Interior and Agricultural Departments under categorical exclusions. Categorical exclusions are less comprehensive than environmental assessments and there is no public comment. Exempted Activities: L Individual surface disturbance of less than five acres as long as total surface disturbance is not greater than 154 acres and site - specific analysis has been prepared pursuant to NEPA. ii. Drilling within five years of a previous well. iii. Placement of a pipeline in a right-of-way corridor that has been determined within five years. iv. Drilling a well within a developed field where there is an approved land use plan or documentation prepared pursuant to NEPA that would see the drilling as reasonably foreseeable activity. v. The presumption in the Energy Policy Act also shifts the burden to prove the activity would require further analysis from the EPA to the public. The public must now demonstrate that drilling activities occur in an area of extraordinarycircurnstances to require a full NEPA review. 4. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a. Section 101(14) of CERCLA lists the hazardous substances covered under the statute. The last clause of this section excludes crude oil and petroleum. 5. Resource Conservation and Recovery Act (RCRA) a. The Solid Waste Disposal Act of 1980 exempts oil field waste from Subchapter III of RCRA until the EPA could prove the wastes were a danger to human health and the environment. In 1988 EPA made a regulatory determination that oil field waste should be exempted because of adequate state and federal regulations. This includes: L Produced waters ii. Drilling fluids iii. Associated wastes 6. Clean Air Act (CAA) a. The CAA states that the oil and gas industry will not be aggregated together to determine if they are subject to Maximum Achievable Control Technology (MACT) for each source. The exemption also extends to pipeline compressors and pump stations in some instances. b. Hydrogen sulfide is not listed as an extremely hazardous substance in the Clean Air Act. 7. Toxic Release Inventory under. the Emergency Planning and Community Right -to -know Act (EPCRA) a. The oil and gas industry is exempted from reporting under section 313 of EPCRA, even though it generally meets the requirements established for reporting. This list was provided by Citizens Campaign for the Environment www.eitizenscamaqigra.®rq who urge you to copy and mail this list to your congressional representatives. CDOG urges you to copy the list and distribute it to your friends and neighbors who might be under the impression that their governments, federal and state, are adequately regulating the industry. e - Doom -- A "AS POLLUTION QJ.L.ANu U 17'I and Completion. Drilling .,I olves NO drawn to rock formations that contain oil or naturai gas. Fluid or "mud "Is circu- lated down hole to .keep the drill bit cowl and lubricated,and it returns to the surface carrying rock debris known as cuttings." During comple- tion, fiulds and cuttings within the well bore are removed. Some gas usually exits as these materials come to the surface, and. the gas is typically Hared. AID Exhaust furnes from drilling equipment, venting and flaring of natural gas. SOW Muds and cuttings, which may contain, chemical additives, salts, metals and hydrocarbons, are often stored in pits and .buried on site. This may sterilize sails. WATE^:Contaminants in pit sludge may leach out of the soil or overflow the pit and contaminate nearby sails; surface waters and groundwater. Stimulation, Hydraulic fracturing, a common stim- ulation technique, involves fracturing the target for - mation with high - pressure injection of various substances. After fracturing, some of the inject- ed fluids and gas from the formation flow out of the well, and sand remains behind to ro p p open the fractures. AIR: Exhaust turnes from heavy equipment; .flaring or venting of gas; wastes stored in pits may contain volatile chemicals that escape into the air. SOIL- Many fracturing. chemicals are hazardous, and may contaminate soil if spilled on site. MATER: Fracturing fluids may be injected into or come in contact with fresh water aquifers. Waste fluids stored in pits may contaminate surface or groundwater if pits leak or overflow. Produced Water. Typically, during coalbed methane operations water must be removed from the coals before methane will flow to the well. Over time, water pro - duction tends to decrease. in conventional natu- ral gas and oll formations, however, water.pro duction often increases with time, as the oil and qas are depleted. Produced water is piped or )t . trucked to disposal ponds or underground injec- tion . wells: or discharned on land nr inrn si irfnrc waters. Alts When stored in open pits volatile hydrocarbons (e.g., benzene) escape into the air. The pumping of shallow water may result In the migration of methane and Has to from soil to air. Exhaust Is created from water pumps pow- ered by diesel or natural- gas -fired engines. SOI : salts, met- als, hydrocarbons or traces of chemical additives In produced water may contaminate soil if spilled on the surface or stored in earthen pits. WATEllb produced water may contaminate waters through spills, pipelines breaks, leaks from storage ponds, or movement of injected water into a freshwater aquifer. Separation and Dehydration. during separation gas is separated from heavier hydrocarbons (e.g., oil and nat- ural gas liquids), and water may also be "knocked out." Dehydrators remove water from the gas stream, Separation and dehydration may occur at well sites, compressor stations, gas process - ing.plants or oil storage sites (i.e., tank batter- ies). AIR: Dehydrators and separators often vent large volumes of methane and volatile organic compounds. Dissolved hydrocarbons in waste- water may escape into the air. SOIL: Pits or tanks that store wastewater may leak or overflow and contaminate soil. WATER: Wastewater may contain dissolved hydrocarbons, sand and metals that can contaminate surface and ground- water. Gas Compression. Typically, diesel or natural gas - fired engines provide power to compressors that in turn, compass the gas. Some compressors are used to pull the gas out of wells, while other compressors push the gas along a pipeline. Field compression may _ - occur at well sites. Centralized compressor as facilities are required, however, to move large volumes of gas to and through larger gas i transmission pipelines. AIR: Engine exhaust, _ occasional venting of natural gas. SOIL AND WATER. Soil and water pollution may occur clue to spills or leaks of diesel or other fuel used to power the com- pressors. `r' Benzene, toluene; Benzene is a known carcinoen. Toluene may affect the Ventl . of e STEX ethylbenzene and reproductive and. central nervous systems; while ethylbert- Pits" xytenes, zone and xylones may have respiratory and neurological Produced water effects. Diesel ftr l A complex mixture of hydrocar- Both fuel and exhaust contains carcinogenic substances �><Imata ®il-i�a drillin bo like benzene and PAHs. muds Engirumunvy of Aggravates respiratory conditions, and affects neurologi- Venting arm flarinsi of natur&A Hydrogen Sulfide cal system, cardiovascular system and can cause central 0 i s i oil for- nervous system problems, motion$) Migrathm from sails a�dtrlfUIN, Theta :ate dlt nt lte l fr } d9 t mar stt,ir r n ilk and c _ React with V ®Cs to form ground -level ozone and smog, comarer which can trigger respiratory problems. React with other en Fl N Nitrogen oxides chemicals to form particulate pollution, which can damage Ct an d lungs and cause respiratory illness, heart conditions and natural gas enlilne exhaust prematu death. Reacts with common organic chemicals to form toxics that may cause biological mutations. a 11n,140M va r ptla 0 plhl� Anlm stirdl� Can be inhaled and cause health effects like respiratory ailments, aggravation of asthma and allergies, painful Diesel exhaust Partic-ulate Small particles sus- breathing, shortness of breath, chronic bronchitis and pre- Pits (dust +) tatter pended in air. mature death. May combine with other air pollutants to flarin and aggravate health problems. Some particulates, such as diesel exhaust are carcinogenic. . Reece +ems rather chernkals to fir p rtidulat& poputimt WOW a" ' Suite dlaxrda_ "` wh(�= #urn anti Muse• ras�fia lltr�� . Vetting and flaring bf natural C mp Organic include React with NO to form ground -level ozone and smog, gas STEX formaldehyde orm 13T3~JC formall dehyde which can trigger respiratory 99 er p irato ry problems. Can cause health EtHg and others. problems such as cancer. Oil and natural gas engine exhust com prossom OILAND GAS POLLUTION OL&WAccouaAWMPWKcr• .d act Myths Hycl6ti ir. fractuti €tg flitids and pi j €izse ixu rt:a.l risk to otsr water su.ppiic0 or p�Lblic health. FACD Hydraulic fluids contain toxic chemicals and are being injected into and near drinking water sup- plies. According to the RIBA, toxic chemicals in fracturing` fluids include substances such as polycyelic aromatic hydrocarbons; methanol; formaldehyde ethylene glycol; glycol ethers; hydrochloric acid; sodium hydroxide, and diesel Fuel, which' contains benzene, erhyllenzene, toluene, xylene, naphthalene . and other chemicah.l. These chemicais have known negative health effects such as res� piiratory; neurological and reproductive impacts, impacts on the centrat nervous system, and canoe= 'nie Endocrine Disruption. Exchange Inc,,. (T D)Q has also recently documented heAth.effects of chemicals used in 435 fracturing products.: According ro TED, the top four health effects for chemicals in these products include; . shin, eye and sensory organ .effects, respiratory effects gas - trointestind effects,. and brain. and nervous system effec&s In addition to.being injected into and near water resources,: . these chemicals are also being trucked through our com munities and can spill and leak From truths, pits, disposal wells, and flowlines. Aside front water. conr4minatian, A1 lSCC f�i�IV3r1S3 €LP1Y PROJEci communities are faced with public health rhrcars from chemicals evaporating off drilling sites and residual chenuL. cats that can spill or dealt onto our soils. M `I here a rc up docurne-ntcd Imes of°ftacturi €ig tlui& M igrati ng i €iro chin in s4 - ater %vdls. FACI'i The oil and gas indus is splitring hairs with this claim. Complaints have been documented in Alabama, Colorado, New ,Mexico, Ohio, ` Texas, Virginia,. West Virginia and Wyotiing in which' residents have reported changes in water'quality or quantity following, fracturing operations . of gas Wells hear their homes. In mitigating.and documenting these instances, industry and state regulators have cited casing failures, impacts from other mining open Won methane migration and other explanations . for . water contamination, Regulators and the public Have had to accept these explanations, in part, because industry refuses to disclose the'.snakc -up of fracturing cl enticals, and regulators do. not know what specific chemicals they are looking for following Fracturing complaints. The Fact remains -that landowners aria communities are experiencing changes in water quality and quantity that occur during and. aftcr fracturing, ►-rlYDRA UL C.. FRACTURING - MYRIS AND FACTS Myths In 2004 the EPA released a sdentific study than demomtrawd titer hydramlic fi"accuring is saii; and s4ould not be fvgtdat FA" The conclusion of the 2004 EPA report that hydraulic Fracturing poses lirde or no risk to drinking water supplies and thus no further action was necessary was a polit- ical conclusion, rather than a scientific one. The 2004 EPA report's conclusion was reviewed and found to be "scientifi- cally unsound" by EPA employee, Weston Wilson, as well as "unsupportable" based upon the available science and litera- ture. Mr. Wilson and public interest organizations who reviewed EPA's report found that the substance of the report actually established that: 1) hydraulic fracturing occurs within underground sources of drinking water, 2) hydraulic fracturing fluids contain toxic components that are not eritirely removed from the drinking water formations; and 3) hydraulic fracturing can create pathways which allow methane to migrate to ground water. Further, EPA had originally planned to undertake actual sci- tntific field investigations near wells that were hydraulically fractured in a second phase of their investigation. However, the 2001 special energy task force, chaired by former Halliburton CEO Dick Cheney, recommended that Congress exempt hydraulic fracturing from the Safe Drinking Water Act. Subsequently, information regarding the potential health impacts of hydraulic fracturing was removed from EP Rs 2002 draft. of the report, and the final report contained its `scientifically unsound' and unsupport- able conclusion. The political nature of this conclusion was indicated by the 2005 EPA Inspector General investigation that found enough evidence of potential mishandling of the 2004 EPA report to justify a review of complaints brought forth by Mr. Wilson and others. Unfortunately this investi- gation was tabled when the 2005 Energy Policy Act exempt- ed hydraulic fracturing from the Safe Drinking Water Act. bevefoped by OGAPIFARTHWGRKS Myth: Our drinking water is not at risk fr6m hydraulic fractur- ung hLCaUSe ittdtistrl> is fia,turikl}t ut &P111s [le[uu• tlic aWiuiti:rs k0ni W111(h Mi itk7k.kkktknitEC'S :tli' Itli.11lll , l,l2Cll" 4vc'l[s, FA" 'There are a number of ways in which hydraulic frac- turing threatens our drinking; water. Where drilling compa- nies are developing fairly shallow oil or gas resotmes, such as some coalbed methane formations, drilling may take place directly in the aquifers from which we draw our drinking water. In that case, contamination may result from the frac- turing fluids that are stranded undergroutnd, as the few stud- ies that are available have shown that at least 20 -30% of frac- turing fluids may remain trapped underground. Where drilling companies are developing deeper oil or gas resources, such as shale gas resources, there are a number of issues and concerns. Hydraulic fracturing can leave fluids stranded at these depths, and, through the high pressures used, can open up pathways for fluids or gases from other geologic layers to flow where they are not intended. This may impact deeper ground water resources that niay be con- sidered for drinking water supplies in the future. If fractur- ing wastewater disposal is conducted through underground injection wells, there is an additional "risk for groundwater contamination. If wastewater .disposal occurs in streams, the chemical make-up or temperature of the wastewater may affect aquatic organisms, and the sheer volume of water being disposed may damage sensitive aquatic ecosystems. Additionally, fracturing fluid chemicals and wastewater can leak or spill from injection wells, flowlines, trucks, tanks, or pits. This contamination can be moved off-site through stormwater run -off. Finally, faulty casing, weak cementing, human error and geological unknowns can contribute to contamination from fracturing and other drilling practices. Myths till, or nearly :ill, hydraulic fracturing fluid- are recov- ered during tike fracturing f roo e s. FACT Factors affecting fracturing fluid recovery include flowback procedure, job design, specific reservoir conditions and other complexities. With multiple factors affecting frac- turing Fluid recovery, it is reasonable to assume that there will be a wide range in fluid recovery efficiencies. In fact, lit- erature cited by EPA in their 2002 draft version of the hydraulic fracturing report confirmed this assumption. EPA PAGE 2 cited or discussed four different studies'. These Studies, Coll- ducted in non- coalbed methane basins, found that between 25% and 61% of certain hydraulic fracturing fluids flowed back to the well (that is,. between 39% to 75 %'was left stranded in some instances). One particularly 'compelling study showed that only 35 -45% of the fracture fluids were recovered. This study was withdrawn from the EPRs final discussion of flowback and was not listed on their master ref- erence list for the final repore. Citizens and groups working on this issue have often used the range of 2(} % -30% of frac- flu' ids remaining in the ground without objection by industry. When considering the EPAs literature citations, this is a conservative .estimate that generously grants a range of recovery efficiencies to the industry. Myth, The E,Y €cdct: of hydraulic frtc'toring :,ro(l c: Vaing ai4icf grn €. nd I'Cictume, iswdf. nsr €:d, cap tsc3llalYle_asrf iat:`s_, FAC'T': It is critical: for communities and decision makers to understand that hydraulic fracturing fluids not only contain toxic chemicals, but. this operation utilizes high volumes of fluids and high .pressures to intenti6nally open °up under- ground pathways for gas or.od to flow. Injected fluids have been known to travel as far as 3,000 feet from 'a yell, and fracturing fluids may remain trapped underground'. While industry claims that fracturing..is a well- tested and control - lable technology, computer models have shown that fractures can behave differently than predicted; and. diagnostic tech- niques illustrating fracture history are rarely used. It is important for communities and decision makers to gather more information about fracture behavior, and to ensure that any stranded fluids do not remain in or move into our drink - ing water resources. My'F}"t. 1:?t €° C:.il€ €q, and lYthc'C :ISj)CL'.'FS Of_..irillin" J)roc css .as, > }Pill and k!<iks adequ std%- rcgtilaie FACT. Most-states' policies regarding hydraulic fracturing amount to "don't ask and donk tell." At the state level, most oil and gas agencies do not require companies to report. the.. volumes or names of chemicals being injected during hydraulic fracturing, and they have. never conducted any sampling to d eter mine the underground or surface fate of Hydraulic fracturing. chemicals. Without that information, neither states: nor the public can begin to eliminate the use of toxic materials, nor adequately evaluate or develop monies toring programs to assess the risks posed by injecting these fluids underground. 3 M yth; ?�a' ti t „;£ ;s c } _, >s i,� c' ;'�',pz' zEs pis :al rs«4t. ��': tz tit dIcir iaf_lTY.t. :ti?(l: not ;trail- bit f6r it,iiwt. q mc. _ FACT: Oil and gas operators are routinely usi less toxic fracturing fluids in off environments in order to . meet federal requirements. under. the Clean Water Act, and some operators have tested and studied.non -toxic fracturing; fluids as they pffobleim - solve site specific issues in the Mack Warrior and San Juan Basins. Thus, the development of non -toxic or green fracturing fluids is not in its infancy. The offshore oil and gas industry, for example, has had to develop, fluids that are non -toxic to marine organisms in order to be allowed to discharge the fluids into the ocean. According to the Schlumberger web site: "Meeting stringent environmental guidelines in both the UX North Sea and the Gulf of Mexico (GOM)i the n ew Sc hlum berger GreenSlurry system delivers consistent, earth- friendly per- formance-This slurry system, developed for use in all types of fracturing and gravel- packing operations inenvironmen- rally sensitive regions, fcacures a unique carrier fluid. The new carrier fluid can be easily metered using all. existing equipment.'” The public and decision makers must assume that Schlumberger and many other companies formulate these types of fluids because standard fracturing fluids are toxic to marine organisms and will not meet off - shore regu- lations. Because we don'r.have full disclosure of fracturing fluids, it remains vague as to how toxic or less toxic products designed for an offshore environment are to :humans. However, industry studies and demon have shown that water without any additives is an. effective fracturing fluid that is more economic hi certain environments, and . can solve production problems such as chemical gels (cross - linker gels) damaging coal' permeability' Myth.- I,iffing tilt for hydvanh(, framiring itridcr dic 'Wt Prinking WIM . - 'kk WC Uld I)i'. 1111lill l laittll:.t1SOE1)C' 14xt SRikV -S. - .. FACT': Congressional Representatives DeGette (CO), Salazar (CO) and Hinchey (NY) introduced a bill in 2 008 that would reverse special treatment of Halliburton and other hydraulic fracturing companies by requiring regulation of Developed by oGAMARTHWORKS hydraulic fracturing under the Safe Drinking Water Act (HR 7231). This effort establishes a minimum federal floor for protecting drinking water from hydraulic fracturing. According to the EPA, the regulation of underground injection does r- afllc s: not require a new permitting process. A state could begin the specific regulation of hydra fract uring by issuing a general rifle for hydraulic fracturing with safe- ty standards. States already have- permit processes for nil and gas wells and they PP Box 7 193 could simply include hydraulic fracturing. E alornor ., W 59/71 fn) 1 Our DrinkinwWatelto Close the Halliburton Loophole dflG•5�3f -3�f#5 11) in the dare Drift king Water Act fiUrCffi�:7: t �� Kcpeal the S;& Driuldng Wawr.l ct ('Xcirlpfion 11ir• 11 Vdi - dullc fractildr1r, . P.0, R oo 1102 l mIllive fill( t: lemic;Fl disZ: ostirt ;itul Monitoring of layd - Fink. - prmlucrs. Durc-ingo, CO 61302 ° lkquire no toxit: hydraulic fracturing -and drilling proklwtS. 970-259-3M3 3: 53- 1pl . Visit t4'wAA'.(1g a1).or& for IrrU ilrforiilotioat. M-259 -7,544 (t) - Washington, D.C... 1612 K St,. NW 3UIl ( 808 Wca3hin( Ion, U,C. AXp06 202 -8137 -1€375 (f) webs1to: WAiN W.C3(,�C7}�.f1!C1 CITATIONS 'U,5. Env€ranrnentel Protection Agency, August 2002, DRAFT Evaluallon of Impacts to Underground Sources of Ddnking Water by Hydraullo Fracturing of Coetbad Methane Reservoirs. EPA 8%13- 02-008. ' The Endocrials Dimpllon Exchange, Inc, February 2009. Products and Chemkoals Used in Fracturing, httpJ/ twvw. ondocd% dleruptton .camlehemicala.fmoturing.ptrp 'Wilson, W. Octot er 8. 20{74. Letter to Senators Allard, Campbell and Representative MGotta. Avellabfa on the 03 & Gas AcopuntablUty website; http,1/wffw.eaawGrM- acDon.org/publ3catlorts.offn?pub]D=372 U.& EnvfronmanbM Protsction Agency. August, 2002. DRAFT Evaluation of Impacts to Underground Sources of Drinidrlg Water by Hydraulio Fraottuing of Coalbod Methane Reservoks. EPA 816- D- 02.008.1hts drag cites ordiMeses: MukWgae, et at (1 "5), Palmer and others (1991x), Samuel at al. (1997), Willberg at at (1997). ' Mukhergee. HI,. Pact B.F., McDonald, T. and Cartaya H. 1995'Succeaaful control of fracture height growth by plaournenl of an arbftGal barrier.' SPE Production and Fadlltles, 10(2), 89-96. (died on page A-18 of the draft EPA Report) I IN THE SUPREME - COURT OF TEXAS, No. 05 -3468, Coastit1 ON & Gas Corp. and C oasta l Olt & Gras USA, I..P., Pefitonsra, v. Garze Energy Trust at al., R On Paihion for Review from the Court of Appeats for the ThIdeanth Dlahlct of Texas, Argued September 28, 200. : (SchlumbartW. Green Chemlatry: Eanh•frisndly GreonSlurry system for utatform marine performance:) ntlp:lAwvw. spa. OwWcontentlservfaoslstimulalion fexecutlonlgreenslur- ry.sap ° Sea L, Suml's discussion In Our Drinking Water at Risk (2005). TWo relevant Indus"stadles on non-toxic fracturing 9ulds lndude: T.L,- Lpgan. 1 Dm. 'prolimmary results of conpsrative research efforts with PhIMps Pelroteum Company and Amax Oil and Gas Inc., San Juan Basin.` Du fldy r{evfsw }Afethene from Coal Seams Technology, April 1994 11(3&3):39.4% (8) Puri R„ King, 41E., Palmer, I.D, Arnow Froducttan Co. 1091. 'Darnagerttf aI )Ea� ark Iily During Hydtaulla Fracturing.' Paper proseeted at the Rocky Mountain Raglonal Meeting and low- Pormsebklly Reservoirs Symaostum, De(ty� CQ A 5-17. 1991. PAGE 000 Of Tuesday, January, 18 2010 Buffalo Common Council Attn: legislative Staff Room 1413 A - City Hall Buffalo, NY 14202 Dear Buffalo Common Council Members; E ifP We understand that the Buffalo Common Council is considering a proposal seeking to greatly restrict, and potentially even ban, the responsible development of clean- burning natural gas resources anywhere within the city of Buffalo. The Common Council's advance of this proposal may seem harmless -- as there are no known deposits of Marcellus Shale, which is rich in natural gas, beneath the City of Buffalo. But this proposal is nonetheless harmful and incorrect, as it would reflect poorly on the people of the City of Buffalo and its government. The City of Buffalo — which has been known world -wide for its' ability to harness the physical, cultural and intellectual strengths of the city and transform those unique qualities into sustainable and positive growth a should avoid short -term "feel- good" legislation premised without a proper scientific exploration. On behalf of the independent Oil and Gas Association of New York (IOGANY), we implore the members of the Common Council to take time before they take an action that will send the wrong signal to the private investment community. The City of Buffalo should not become known as a place willing to replace the rigorous and open - minded skepticism of science with the inflexible certainty of pabulum. in fact, operators have been developing wells in New York — indeed, in Western New York - for more than 60 years with a very positive safety record, According to published reports, some members of the Common Council have stated that they perceive a need to advance a resolution to stop a process that will pollute our waters. Yet there is no impending threat to the waters in and around Buffalo from natural gas production. The truth is that wastewater from natural gas production must already be reused and recycled, or collected and treated at an authorized wastewater treatment facility. DEC approval is required before the receiving treatment facility can accept the wastewater for processing and /or disposal. The Pennsylvania State University's School of Forest Resources -- along with several county offices of Penn State Cooperative Extension --- has undertaken a comprehensive study on the potential impacts of Marcellus gas drilling on drinking water supplies. The results of the study will be announced shortly. I©GANY formally requests that the Common Council postpone consideration of this measure — so that the Council and Buffalo residents might have the benefit of fact based conclusions, instead of misinformed allegations of risk. Indeed, the objective of the Penn State research is to determine the occurrence of groundwater contamination near Marcellus gas drilling sites, to study the factors that are related to contamination (if it occurs), and survey water supply owners to document their experiences with gas drilling and water issues. The result of this study will be used to recommend potential policy considerations to protect private water wells near Marcellus drilling activity. The City of Buffalo and surrounding communities are facing some of the most difficult economic circumstances we've seen in generations. The development of natural gas from the Marcellus represents one of the only private sector industries in the state with the potential to generate genuine job growth in this economy. Quite simply: Natural gas is the raw material of economic growth. And the more of it we have available here in Buffalo, the more stable the price — and the greater the ability for homegrown companies to compete with faraway firms whose entire business model is founded on low -cost energy and labor. (See attached Wall Street Journal Editorial) What might not be overtly apparent is the large number of wells that have been safely drilled and hydraulically stimulated in Erie and Niagara counties. Attached, please find a listing of the 1494 active wells in Erie and Niagara counties, with two wells operating inside the Buffalo city limits. This data is derived from the NYSDEC database, which has records for the more than 14,000 active wells across the State, as well as the many more which were previously drilled and are now closed or abandoned. As we understand it, the proposal to be considered by the Council attempts to pre -empt existing state law,. and in the process, seeks to deny thousands of city residents the fundamental ability to develop their mineral rights for the benefit of themselves, their families, their state, and their nation. Putting aside whether such an action would be considered legal in a court of law, the real question is whether it can be considered helpful to this city at this point in time. I implore you to afford I©GANY and our members the opportunity to explain in greater detail the history of natural gas production in New York and, and the extent to which IOGANY takes seriously our commitment to be good neighbors in the community and even stewards of the air, water and surrounding environment here in Western New York, In conclusion, there are no known deposits of Marcellus Shale under the City of Buffalo Last month, the National Fuel Gas Company announced that it "has no plans to pursue Marcellus Shale drilling in New York State." Yet the availability of low cost natural gas supplies could stimulate the expansion of manufacturing capacity in Buffalo, in steel, glass, foundries, chemicals, fertilizers, and other natural gas intensive industries. Such an expansion would further stimulate the supply chain and generate additional job and tax revenues gains. Abundant gas supplies also could reduce the cost of achieving reductions in greenhouse gas emissions as well as emissions of NOx, S02, and other pollutants. Additionally, disposal of waste water is highly regulated, and has helped many municipalities finance capital improvements to preventing additional sewage overflows. As the Common Council takes time and deliberates the merits of natural gas exploration, I invite you to elicit real input from the scientific, environmental and geology professionals who make their living in the natural gas industry. We submit that the Common Council is well - positioned to lead a reasoned discussion — based on facts and good science — and we would pleased to assist in whatever way we can. Respectfully submitted, Brad Gill, Executive Director Independent Oil & Gas Association of New York REFERRED TO THE COMMITTEE ON LEGISLATION. I mu.1411111jim.,1.1 December 16, 2010 New York State urgently needs more jobs and new tax revenue, so naturally its political class has decided to reject one of the best economic opportunities in decades. And people wander why Albany is bankrupt. Governor David Paterson made headlines last weekend when he vetoed legislation that barred natural gas exploration in the Empire State. He then undercut his own pro - investment message with an executive order that is almost as restrictive. Imagine California, 1848, closing its border to gold miners. The U.S. is in the early stages of what can only be described as a Shale Gas Rush. About a decade ago the drilling industry made a technological breakthrough in attempting to tap into the Barnett Shale formation in north central Texas. America was suddenly able to extract, cost - effectively, huge amounts of natural gas from tightly packed shale rocks. That has opened up vast new exploration possibilities, including the 65 million - acre Marcellus Shale formation, which extends from Ohio and West Virginia up through Pennsylvania and upstate New York. A recent Penn State study estimates that Marcellus is the second largest natural gas field in the world. The study notes that Pennsylvania had $4.5 billion in Marcellus- related investment in 2009, generating nearly $400 million in state and local tax revenue and 44,000 jobs. And New York? Once a manufacturing powerhouse, the upstate economy has withered under global competition and the taxes and mandates that flow out of corrupt, liberal, government union - dominated Albany. The region has lost 90,000 manufacturing jobs since 2001. The drilling industry could compensate with new jobs in construction, trucking, engineering and a variety of attendant services. The industry also pays royalties and leases land from landowners, who pay taxes and buy goods. A July study by the American Petroleum Institute estimates production in the Marcellus could provide $15 billion in economic output and $2 billion in state tax revenue over nine years. Instead, New York has imposed a de facto drilling moratorium because of dubious environmental fears. Shale drilling relies on hydraulic fracturing, the process of blasting a solution that is 99% water and sand (less than 1 % chemicals) into rock to release gas deposits. Fracking has been commercially i< viable since 1949 and is responsible for 30% of domestic oil and gas production. The recent advances in shale gas have come from combining fracking with "horizontal" drilling, which permits wells to moue laterally under the surface. Horizontal fracking lets the industry get much more energy out of one well. The industry uses steel casing and cement to prevent fracking fluid from polluting wells and underground reservoirs. The Environmental Protection Agency and the Ground Water Protection Council, a nonprofit made up of state regulatory agencies, have published studies concluding that fracking is safe. While energy exploration is never risk -free, the Ground Water Council hasn't found a single documented case of fracking having polluted local ground water. That hasn't stopped New York's powerful green lobby from predicting disaster, and three years ago the state's Department of Environmental Conservation obliged by announcing it would rewrite all regulations, stopping new permits in the meantime. The legislature went further and outlawed even vertical fracking. Mr. Paterson vetoed this, but his executive order backs the agency ban on horizontal fracking -the real future of the industry- -until the new regulations are issued, which he insists should not happen for at least six months. The agency issued draft regulations a year ago that are so onerous they would guarantee that drillers go elsewhere. Contrast that with Pennsylvania, which has for the most part welcomed the drilling industry. Between July 2009 and .tune 2010, Pennsylvania's 632 Marcellus wells released 180 billion cubic feet of gas, doubling state production. The Keystone State has used this development to attract more investment in company headquarters, training facilities and service sites — brick -and- mortar capital lost to the Empire State. It is also positioning itself to lure new manufacturing on the promise of cheap natural gas. Bowing to liberal pressure, Pennsylvania Governor Ed Rendell issued a moratorium earlier this year on drilling permits on state land, though the drilling boom on private land continues. Both Pennsylvania and Canada are looking to lock in gas contracts with businesses in New York, which is one of the country's largest users of natural gas. Political elites in Albany and New York City live off Wall Street and other service industries, and they think of upstate New York as an environmental museum: a nice place to visit on the weekend but they wouldn't want to develop the resources there. No wonder the once great Empire State can't pay its bills and keeps losing taxpayers to places that want their citizens to prosper. Copyright 2011 Dow Jones & Company, Inc. All Rights Reserved l This copy is for your personal, non - commercial use only. Distribution and use of this material are governed by our ���bs A reemont and by copyright law. For non - personal use or to order multiple copies, please contact Dow ,Jones Reprints at 1 -800- 843 -0008 or visit sv�vw 4850- 5602 -9191, v. 6 JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 City Fall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5116 January 20, 2011 Gerald Chwalinski Rm. 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Gerald, A9 vl,ommon C 0 U H r t t �:. City of Buffalo LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT L1 G WATERFRONT 1 ask that you please file the attached article entitled " (Government) workers of the world unite!" from the Economist magazine for discussion at the January 25, 2011 Common Council meeting. Sincerely, Joseph Golornbek Jr. North District Council Member JG /tjv MMITTEE GIN LE � K 21 2T (Government) workers of the worl unite! I Public- sector unions have had a good few decades. Has their luck run out? HB past 30 years have been dismal ones for the labour movement. In the American private sector trade -union den- sity (ie, the proportion of workers who be- long to unions) has fallen from a third in 1979 to just 7% today. In Britain it has dropped from 44 %to.a.5 %. Nor is this just an Anglo -Saxon oddity: less than a fifth of workers in the oECD belong to unions. There is one big exception to this story of decline, however: the public sector. In the Canadian public sector union density has increased from 12% in 196o to more than 70% today. In America it has in- creased over the same period from n.% to 36% (see chart on next page). There are now more American workers in unions in the public sector (7.6m) than in the private sec- tor (7.1m), although the private sector em- ploys five times as many people. Union density is now higher in the public sector than it was in the private sector in its glory days, in the ig5os. Even countries that have seen a dilu- tion of union density in the public sector have seen it stabilise at a much higher level than in the private sector. in Britain density has fallen dramatically from 82% in 1979, but has stabilised at about 56%. Reliable global statistics are hard to come by -, but ev- idence from many countries (including Germany and Japan) suggests that the gap between the public and private sectors is both substantial and growing. This private - public shift has trans- formed the trade union movement. In the mos unions were solidly working class, dominated by men who had left school at 16 and leant left on economics but right on social issues. 1bday they are much more middle - class: more than a quarter of American unionists have college degrees, and even more have liberal views on so- cial and environmental issues. The shift has also created tension be- tween the public and private sectors. The private sector is dominated by competi- tion and turbulence. Performance - related pay is the norm, and redundancy com- monplace. The public sector, by contrast, is a.haven of security and stability. Many people have jobs for life and performance measures are rare. The result is a paradox: the typical public worker is better off than the people he is supposed to serve, and the gap has widened significantly over the past decade. In America, pay and benefits have grown twice as fast in the public sec- tor as they have in the private sector. Now that the sovereign -debt crisis is forcing governments to put their houses in order, the growing discrepancy between conditions in the public and private sectors has eroded much of the sympathy public - sector workers might once have enjoyed. This briefing will look at what the future holds for them. But first it will try to answer two questions: how did public- sector un- ions become so powerful? And what im- pact has their power had on the way the public sector works? I'm all right,ack Public - sector unions are some of the world's most powerful interest groups. Many of them have large memberships and comparably large wallets: the Ameri- can National Education Association, the main teachers' union, has 3.2m members, an annual budget of over $300m and a vi- brant tradition of political activism. But their influence goes much deeper. In many countries unions prop up the left. in Britain Ed Miliband, the leader of the Labour Party, owes his job to trade -union votes. In America Andy Stern, the head of the Ser- vice Employees International Union, was the most frequent guest at the White House in the first six months of Barack Obama's presidency. Public- sector unions enjoy advantages that their private- sector rivals only dream of As providers of vital monopoly ser- vices, they can-close down entire cities. And as powerful political machines, they can help to pick the people who sit on the other side of the bargaining table. Daniel DiSalvo, the author of an excellent essay on America's public- sector unions in Na- 00 22 1J 1'l?ecft ! j� tional Affairs, points out that the American i' Federation of State, County and Municipal N Employees was the biggest contributor to political campaigns in 1989.2004. He also notes that such influence is more decisive in local campaigns, where turnout is low, than in national ones. Even if they fail to elect "their" candi- dates,public- sector unions have a relative- ly easy time negotiating with politicians. Private- sector bosses are accustomed to playing hardball with unions because they know they can go bankrupt if they don't. Politicians have no such discipline: they can always raise taxes or borrow from future generations. Those who have chal- lenged the unions have often regretted it. California's former governor, Arnold Schwarzenegger, tried to fight the unions in the court of public opinion, only to be out - gunned. Others have attempted a more stopgap approach, only to get the blame when services are disrupted. Economists still debate exactly what impact public-sector unions have on pay. Evidence from the American Bureau of La- bour Statistics support the conservative ar- gument that they have used their power to extract a wage premium: public - sector workers earn, on average, a third more than their private- sector counterparts. Left- leaning economists reply that public - sector workers are, on average, better edu- cated. Whatever the merits of this argu- ment, three things seem clear. Unions have suppressed wage differentials in the public sector. They have extracted excellent bene- fits for their members. And they have pro- tected underperforming workers from be- ing sacked. Wage differentials are relatively small in the public sector. Lower -level workers, such as secretaries, are usually better paid than their private - sector equivalents, whereas higher -level workers are worse paid. This not only makes it difficult to at- tract high - flyers into the public sector, but also makes it hard to raise standards by, for instance, putting the best head teachers in charge of groups of schools. At the same time, benefits are generous in the public sector. Governments tend to give their workers light workloads and generous pensions in lieu of higher wages (which have to come out of the current budget). In America teachers teach for a mere 18o days a year. In Brazil they have the right to take 4o days off a year —out of zoo working days — without giving an ex- planation or losing a centavo of pay. The defined - benefits revolution that has swept through the private sector has hardly touched the public one: 90% of American state- and local - government workers have defined- benefit plans, compared with 2o% of private - sector workers. Generous pensions have produced an epidemic of early retirement. In Brazil civil servants can retire on full pay after 35 years on the job (3o for women) and teachers can retire after 30 years (25 for women). The result is that Brazil spends as high a proportion of its GDP onpensions (12 %) as Britain does, even though the population is much younger. In Poland soldiers and po- licemen can retire after just 15 years, so it is possible to come across 33- year- old.retir- ees. Add to this the fact that any public -sec- tor worker can hide behind union power to game the system -82% of senior Califor- nia Highway Patrol officers discover a dis- abling injury about a year before they re- tire —and you have a dysfunctional mess. Unions have also made it almost im- possible to sack incompetent workers. In Greece there is a law against sacking gov- ernment workers solely on grounds of poor performance. In other countries there might as well be. Mary Jo McGrath, a Cali- fornian lawyer, says that "getting rid of a problem teacher can make the O.J. [Simp- son] trial look like a cakewalk." In 2000 -10 the Los Angeles school district spent $3,5m trying to get rid of seven of its 33,00 teach- ers, and succeeded with only five. The pro- blem extends across the country (see page 26). Incompetence is so endemic that sever- al countries have invented phrases to deal with it. Brazilians joke that public- sector workers turn up on the first day, hang their jackets on the back of the chair, and are never seen again. The Greeks talk about putting incompetents "in the fridge " -giv- ing them pretend jobs. In France it is the cupboard. Americans refer to "the dance of the lemons" —the practice of reassigning bad teachers to new schools rather than getting rid of them. They also refer to the "rubber room" where incompetent or criminal teachers bounce around, often far years, while administrators and unions haggle over what is to be done with them. Fattening Leviathan The unions' influence extends to the size and nature of thepublic sector. Private -sec- tor unions have learned to exercise self -re- straint when it comes to pushing for more manpower: they realise that more workers may reduce the wages of their members and that a higher wage bill may drive their employers out of business. But public -sec- tor unions are relentless in demanding more resources and more personnel, which conveniently translate into more members and more dues. Their most dramatic success has been in Britain. When Britain's union - backed New Labour government came to power in 1997, public spending accounted for al- most 40% of GDP, When it left power in 2oio public spending was nearly 50% of GDP (partly, to be fair, as a result of reces- sion), and 1m workers had been added to the public - sector payrolls. In California, as Mr DiSalvo points out, the prison guards' union has been one of the leading advo- cates of getting tough on crime. The result of this policy has been a dramatic increase in both the size of the state's prison- indus- trial complex (from 12 prisons in 198o to 33 in 2000) and the pay of the people who run it (prison guards in 2006 made $70,00o a year in base salary and $ioo,000 with overtime). But public - sector unions can prosper simply by opposing ra- tionalisation: Buffalo, in New York state, has as many public workers in 2006 as it did in 195o, despite the fact that the city has lost half its population. Public- sector unions combine support for higher spending with vigorous opposi- tion to more accountability, Almost every- where they have demonised competition, transparency and flexible pay. Teachers' unions have often acted as the Praetorian Guard in this fight. In Poland they are up in arms against attempts to increase the num- ber of hours a week (a mere 18) they have to spend teaching. In Sao Paulo state, in Brazil, teachers have organised huge marches against government attempts to link promotion to performance and to re- duce the number of days they can take off without notice. In Greece they have fought four consecutive education ministers from different parties over performance re- views. In Britain they are trying to kill "free" schools, which can be set up outside local - authority control. In America they have fought relentlessly against charter schools (which escape union rules about pay and promotion) and scholarship schemes (which give choice to parents). The teachers' unions have an impres sive record of terminating reformers. When Marietta Giannakou, the education minister in the last New Democracy gov- ernment in Greece, insisted on teacher ac- countability, she lost her seat at the next election. Michelle Rhee, the chancellor of the awful school system in Washington, Dc, closed failing schools, fired more than 200 ineffective teachers and principals, and advocated merit pay, But the unions fought her every step of the way, using their muscle first to get rid of her patron, the city's mayor, and then to bring about her own resignation. V6 It is impossible to calculate the cost of the unions' inflexibility. But several recent studies provide some indications. Policy Exchange, a conservative think -tank, cal- culates that people in the British private sector work 23% more hours than their public- sector counterparts over their life - times, thanks to public- sector strikes, sick days and early retirement. Barry Blue- stone, a left -wing economist, calculates that the price of America's public services increased by Wl% in 2000 -os, while that of private services rose by 27 %. Eric Ha- nushek, an economist at Stanford Univer- sity, argues that replacing the bottom 5 -8% of American teachers with merely average performers could move the United States from near the bottom to near the top of the international maths and science rankings. The rigidity of the public sector does not merely reduce the quality of services, It also discourages innovation. In the private sector innovative firms routinely experi- ment with new business models, treasure the success of those models and then ex- pand successful ones. But whenever pub- lic- sector managers have tried to do the same —by establishing magnet schools that focus on certain subjects, or charter schools with longer teaching days, for ex- ample —the unions have opposed them. In France they have blocked any attempt to introduce more flexibility into the coun- try's highly centralised education system, or indeed to change it at all. Only Germany provides a chink of light. There, although around 60% of pub- lic- sector workers are unionised, wage in- creases in the public sector have lagged be- hind those in the private sector. And though civil servants, who make up nearly half. the public - sector workforce, enjoy L oth special pension schemes and job se- curity, they are not allowed to strike. In- deed, the idea of going on strike for politi- cal reasons is unthinkable among all public- sector workers in Germany ,The battle ahead Public- sector unions now face the biggest challenge in theirhistory. Governments al- most everywhere -- particularly in the rich world- -are being forced to cut back public spending. Many governments (for exam- ple in Ireland, Greece and Spain) are cut- ting public- sector pay. Others (for example in ,Japan and America) are freezing it. Greece is increasing the retirement age from 58 to 63 and making it possible to fire public servants. Britain is cutting govern- ment departments by as much as a quarter, and is reviewing pensions. In the United States several rising Re- publican governors are keen to turn the short -term struggle over pay and benefits into a bigger battle about trade -union pow- er. NewJersey's Chris Christie (see page 28) and Minnesota's Tim Pawlenty have both eagerly taken on the new "privileged class" of public - sector workers. Do the public ex- ist to serve public - sector workers with their high pay and inflated benefits, they ask, or do public - sector workers exist to serve the public? Even people on the left are beginning to echo these complaints. Andrew Cuomo, the incoming Democratic governor of New York, is rattling his sabre against pub- lic- sector unions despite the fact that they make up an important part of his base. Da- vis Guggenheim, an impeccably liberal film director whose credits include Al Gore's "An Inconvenient Truth ", subjected the teachers' unions to a merciless critique in "Waiting for Superman ", flagellating them for perpetuating a broken system and presenting Randi Weingarten, the head of the American Federation of Teach- ers, as "something of a foaming satanic beast", as the Variety reviewer put it. The unions have responded by pro- claiming war on cost - cutting governments. They have already organised strikes and protests. Millions of French workers marched against Nicolas Sarkozy's modest plans to raise the retirement age by two years. Hundreds of thousands of people have taken to the streets in Ireland and Greece against austerity measures. Lon- don Underground workers have repeat- edly paralysed transport in the city. But this is a mere prelude. Unions across Europe have promised strikes in 2011 on a scale not seen since the t98os. Public- sector unions will find it hard to win these battles. They have not been par- ticularly successful in mobilising public anger, considering the scale of the cut- backs. Nor have they notched up any nota- ble victories: the Greek and Irish govern- ments have implemented their austerity packages and Nicolas Sarkozy has raised the retirement age. They are also discover- ing that many people in the private sector regard their public - sector colleagues as an overprivileged elite. Spanish civil servants were shocked at how little support they got when, last June, they protested against a 5% cut in pay And a recent poll showed that 65% of people in stick -in- the -mud Greece want civil servants to lose their jab security. The pressure to rationalise the public sector is likely to continue in coming years. The debt level in OECD countries is expect- ed to rise to 120% of GDP by 2o14, thanks to a combination of ageing populations and inherited obligations, some of them dri- ven by the public sector's insatiable appe- tite for pensions. Joshua Rauh, of the Kel- logg School of Management at North- western University, reckons that seven American states will have exhausted their pension assets by 2020. It would be a mistake to write off the public - sector unions. They are masters of diverting attention from strategic to tacti- cal questions. Undoubtedly the unions will lose some of their privileges over the coming years; the scale of the debt crisis makes this inevitable. But will govern- ments have the courage to tackle the root causes of the problem (such as pensions) rather than dealing with secondary pro- blems (such as wages)? And will they dare to tackle questions of power rather than just pay and perks? If they are to claim vic- tory in the coming fight, they need not just to restore the public finances to health. They also need to breathe the spirit of in- novation into Leviathan. 12 23 013 Excerpts from Phone Conversations with Texas Residents Sharon Wilson foil and. Gas Accountability Project www.OQAP.or .. "...drillers will drill anywhere, 10 feet from a river, in a cemetery, you would be amazed. There are hundreds of locations like this in the city. They'll put wells 200 feet from people's houses. The method they use often is a waiver system, where they will buy consent from residents. One of the most inspiring victories we've had is a low - income African - American community, where resident were promised $8000 a piece to sign the waiver [which is then brought to city council to secure a variance that would allow them to drill closer than regulations allow]. They banded together and refused to sign.. but it doesn't always work like that." -Q: Do they use all those trucks of water that we saw in Gasland? With 600 tanker trucks full of water? A: Not always. The truck traffic is still out of hand, but in some cases they will use municipal water, fire hydrant water, and in others they will run 14" aluminum piping for miles from the nearest water source and extract from there. Sometimes the pipes will run for longer than a mile. ..looking at the history, they'll dump [flowback water] anywhere. Some of it is hard . to track, but just as an example of their negligence, I did catch them on camera dumping the sewage from their operation all over the field they were working in, they didn't try to stop me or anything." - flowback water is untreatable by any current methodology, a combination of as many as 596 chemicals in over a thousand chemical compounds, this, as well as shale elements, radionucleides and brine from underground return from the injection. process. Roadside dumping, illegal dumping in streams, evaporation from flowback storage pits (ubiquitous practice in rural drilling). Windrows of "remcdiation sites" are created at some off-site "treatment facilities" and sometimes underground mmeshafls, empty natural gas wells or other underground formations are used from exported wastewater, dilution - dumping into the ocean, or treatment (anal likely cross - contamination) using municipal water - treatment facilities. All treatments are, by definition, partial. "I moved out of the city 10 years ago because of the smog, but you wouldn't believe how much worse it has gotten. And now £racking has come to my town, outside of Fort Worth. We don't know what to do." - "Fort North is not place doing intensive urban drilling. They've drilled in Flower Mound, Argyle, Denton. Mostly a company, Range Resources. They're up there in Pennsylvania, too, I think." Don Young —Fort Worth Can -Do Blogsite — www.fwcando.or "sure they say they need a 5-acre site, but I don't think that's always the case. They've drilled in some really tight spots. They snake one way in and out and they're off and.. running, with all those trucks. I think I heard that gas drillers are now the single largest landowner in Fort Worth. But also what they don't tell you is, if they get a cig enough spot, they'll put 20, 25 wellheads on a property." i f � �3 �. � "most property owners have leased their mineral rights. At this paint, I think most people have given up and they'll take what they can get. REFERRED TO THE COMMITTEE ON L 0004 New York State Petroleum Council Michael R. Doyle A Division of the Americon Petroleum Institute Cathy A. Kenny Exff wive Dirmor As xiate Director NYC STATEMENT OF CATHY A. KENNY Associate Director New York State Petroleum Council before The Committee on Legislation of The Common Council of the City of Buffalo City Hall Tuesday, January 18, 2011 Regarding Proposed Chapter Amendment 288, Natural Gas Extraction Prohibition 150 State Street e Albany. NY 12207 -16.75 a Tel: (518) 465 -3563 e Fax (518) 465 -4022 475 Park Avenue South, 12th Floor * New York, NY 10016-6901 e Tel: (212) 481 -1338 ® Fax (212) 937 -2251 ® 4 Printed on �� fleeyc{sd Paper _ � `s3 Good afternoon, Mr. Chairman and members of the Committee on Legislation. I am Cathy Kenny, the Associate Director of the New York State Petroleum Council, The Petroleum Council is a trade association that represents a number of major- branded petroleum companies that market in this state. We are a division of the Washington, DC -based American Petroleum Institute (API) which represents over 400 companies engaged in all aspects of the oil and gas industry, including exploration, production, refining and marketing. Locally, our member companies include Amerada Hess Corporation, BP America, Inc., ConocoPhillips, ExxonMobil Corporation and Shell Oil Company. I would like to thank you for this opportunity to address the Committee on the Ordinance Amendment, Chapter 288 relating to Natural. Gas Extraction Prohibition. Although there has been no natural gas drilling within the city limits of Buffalo for over ten years, we think it is important to focus your attention on three important issues: ® The first relates to the very broad reach of the proposed ordinance and its factual accuracy; N The second raises the issue about the "message" proponents of this legislation intend particularly at this time in the City's history which is experiencing tepid economic growth; and i The third relates to the issue of state preemption under Article 23 and subsequent amendments of the Environmental Conservation Law. First, the ordinance essentially prohibits the commercial extraction of natural gas because it "...poses a significant threat to its residents' health, safety and welfare..." Whether the public 1 realizes it or not, oil and natural gas drilling is not new to New York. In 1821, the first gas well was excavated in the village of Fredonia just about 50 miles from where we are sitting today. To date, more than 75,000 oil and natural gas wells have been drilled in the state, including in the City of Buffalo; 1`4,000 of these remain active and have had an excellent track record on environmental compliance and safety standards. It is an important industry for New York, perhaps even more important than ever before in these recessionary times in a state with an unemployment rate of over 8 percent. I would like to note here that although high volume hydraulic fracturing is not mentioned in the proposed ordinance, it has been part of the discussion in the recent public hearing before this committee and in news accounts; for this reason I think it is appropriate to address the issue. Hydraulic fracturing operations are also not new- ---the process has been used in the United States for more than 60 years in more than one million wells --- although the technology has been improved. This drilling method is highly regulated and monitored in New York. Before a natural gas well can be drilled, the state approves the engineering design of the well casing and cementing program and site plan. It then monitors the drilling operations. Because of this rigorous regulatory oversight, the types of problems reported to have occurred in states without such strong environmental laws and rigorous regulations have not happened here. In fact, according to DEC there has been "...no record of any documented incidents of groundwater contamination caused by hydraulic fracturing for gas well development in New York despite the use of this technology in thousands of wells across the state during the past 50 or more years." This is an incredible record for any industrial activity. The IVlarcellus Shale procedures now 2 being finalized by DEC will provide the most rigorous rules for drilling in the country and ensure that the state's natural resources, including drinking water sources, remain protected. Therefore, calling for a ban on all natural gas drilling because it is a "significant threat" to the residents of Buffalo belies the long history of safe drilling practices in this state. This proposed ordinance is extremely broad and would ban all natural gas drilling regardless of the process used ----- horizontal or vertical, that is, whether it uses high volume hydrofracturing or not. This is the very reason former Governor Paterson vetoed legislation recently passed by the state legislature. The legislation would have the very same effect as this ordinance and would have halted all gas drilling in the state and with it the loss of some 5,000 jobs. Legislators should be mindful that natural gas drilling operations involve multiple industries /business groups— environmental consultants, bankers, lawyers, surveyors, excavators, equipment manufacturers, heavy equipment haulers, pipefitters, welders, oil field service companies and their subcontractors, road construction and maintenance contractors, equipment manufacturers, chemical supply companies, drilling contractors, food service companies, fuel oil supply companies, environmental engineers, computer engineers, landscaping companies, water treatment specialists, waste and garbage haulers and recycling companies -- ---and these are just those that come to mind —I am sure I am omitting some. Therefore, while there may be no natural gas drilling within the city limits, it is feasible, since natural gas wells are abundant in Erie County (I have a DEC map which identifies the many sites), that the industry employs residents of Buffalo.. How should these residents /businesses view this legislation? 3 C1' The second point T would like to discuss is the "message" that certain environmentalists wish to send according to a news report in the Buffalo News. By supporting this ordinance while a very public review process that is considering the scientific, engineering and environmental impacts of the Marcellus drilling process has yet to reach a conclusion, the only message that can be gleaned is that a judgment is being made that all natural gas drilling should be banned. If the "message" of this legislation is to encourage other localities to act accordingly, how will the state meet its natural gas demand? There are clearly very significant economic development and energy considerations involved in addition to some very complex engineering and scientific considerations in progress that deserve a full hearing and a public debate. We know of no other issue in recent memory that is receiving the full - fledged and open examination that high volume hydrofracturing is—by the regulatory agencies —both federal, state and even interstate- --ryand the public. This is not something that has been settled in a back room, .but has received a full airing in public forums all over the state and will be decided in the same manner. Finally, there remains the issue of preemption. "Environmental Conservation Law § §23- 0303(2) and 231901 (2) expressly provide that the State Oil and Gas and Solution Mining Law supersedes all local laws or ordinances relating to oil and gas drilling and related activities, laws enacted by local governments or agencies that impose fees. There are two notable exceptions to this broad prohibition: local governments maintain full jurisdiction over local roads and their rights under the real property tax law; and localities may tax oil and gas production in their towns under procedures developed by the state Office or Real Property Services. Therefore, the ordinance has no meaning as it is clearly preempted by state law. 4 d_ In conclusion, in addition to the preemption by state law, this ordinance assumes facts that remain under investigation and discussion and broadly bans all natural gas drilling without just cause. As noted in a recent Buffalo .News editorial (January 10, 2011) while the nation's GDP averaged 2.7 percent each year from 2001 to 2006, the upstate GDP averaged 1.7 percent, This same editorial notes that "...the Empire Center for New York State Policy recently observed that over the past two decades, nearly all of New York's weak job growth occurred south of the mid - Hudson Valley ... Upstate, aside from the Capital Region, remained a picture of stagnation when measuring net growth in private sector jobs." The Council is surely aware of these stark statistics and that between 2001 and 2008, Buffalo lost 30 percent of its manufacturing jobs. For this reason this ordinance is particularly troubling. In a city that by all accounts is in a serious economic crisis, to take a position before all the facts are in on such an important issue as the future of the state's energy resources, takes the city's focus away from meaningful legislative action and sends a message to the business community that the City of Buffalo has an inhospitable business environment. For the foregoing reasons, we urge defeat of this measure. Thank you for the opportunity to present the industry's views. REISFERRED TO THE COMMITTEE J 5 000 45 Cl FACT SHEET a t B Co C Brownfield Cleanup Program Site Number C91523I � January 2011 Introduction The New York State Department of Environmental Conservation (NYSDEC) is pleased to announce that remediation of the Buffalo Color Corp. (BCC) Area C Site in the City of Buffalo has been completed. Remediation refers to actions taken to eliminate, abate, or contain contamination that may be harmful to public health, welfare, or the environment. The remediation addressed elevated levels of soil and groundwater contaminants associated with past facility operations. NYSDEC has issued a Certificate of Completion to the applicant regarding the site. A copy of the Notice of the Certification of Completion is available at the locations identified in this fact sheet. Description of Completed remedial .Activities The site remediation was accomplished by completing the following cleanup actions, which included: ® Preparing two existing structures for post - remediation reuse and redevelopment; ® Excavating soil impacted by specific contaminants, properly disposing the material, backfilling the excavation with clean fill, and adding an oxygen releasing bio- stimulant to the clean backfill to treat residual volatile organic compounds (VOCs) and semi - volatile organic compounds (SVOCs) in adjoining soil and groundwater; ® Covering the site with an integrated cover system consisting of one foot of vegetated soil or gravel, and utilizing existing buildings and pavement for the balance of cover over the site; and ® Developing a site management plan with institutional and engineering controls that will be implemented during redevelopment and reuse of the site. An institutional control is a legal or administrative restriction placed on the use of the site when residual contamination left after the cleanup action makes the site suitable for some but not all uses. An engineering control is a physical barrier or method to manage contamination, such as a soil cover system. The remedial measures successfully addressed contamination and will serve as the final remedy for the site. What Controls Are in Place to Ensure the Effectiveness of the Cleanup? The site owner will be required to adhere to Institutional and Engineering Controls as stipulated in the Site Management PIan (SMP). The plan specifies that: The site may be used for commercial and industrial purposes. Any residential use is prohibited; Vapor intrusion from residual VOCs in the soil and groundwater must be evaluated for new and existing structures and if warranted, active vapor intrusion mitigation systems must be installed, operated, maintained and rnonitored until testing shows that it is no longer needed; • Procedures must be implemented according to an Excavation Work Plan to minimize human and ecological exposure if future work on the site requires the disturbance of the remaining impacted soil; • Long -terra groundwater monitoring is required to monitor the effectiveness of the remediation measures; and • A site - --wide inspection assuring that the Institutional and Engineering controls have not been altered and remain effective must be conducted in accordance with the SMP. Next Steps NYSDEC issued the Certificate of Completion based on review and approval of a Final Engineering Report submitted by the applicant. With the receipt of a Certificate of Completion the applicant: Has no Iiability for contamination at or coming from the site, subject to certain conditions; and, Is eligible for tax credits to offset cleanup and redevelopment costs. A Certificate of Completion may be modified or revoked if, for example, the applicant commits fraud regarding its application or its certification that it has met cleanup levels. Site Backuround The site is located in an industrial area of the City of Buffalo and is bounded by the former industrial BCC Area B to the south, an active railroad corridor to the west, Elk Street. to the north and Lee Street to the east. Over the last 100 years, the Site has been used for chemical dyestuff manufacturing purposes. Remediation at the site addressed intermediate dye -stuff chemicals (VOCs and SVOCs), polycyclic aromatic hydrocarbons (PAHs), and metals contamination. The completion of remedial activities at the site means that the owner may proceed with commercial and industrial development of the site. Who Should I Call If I Have Questions About the Site? Public participation is important for the success of New York's remedial programs. We welcome questions and comments. Environmental Questions: Eugene W. Melnyk, PE NYSDEC 270 Michigan Avenue Buffalo, New York 14203 (716) 8517220 c�yinelnyk 6 w. dec.state.ny Health Questions: Nathan Freeman NYS Department of Health 547 River St., Rm. 300 Troy, NY 12180 (518) 402 -7850 ntf01 h ealth. state- -ny.us Project Questions: John Yensan South Buffalo Development, LLC 333 Ganson Street Buffalo, NY 14203 (716) 856 -3333 Ext. 302 iy—er?sa Where Can I bind More Information about the Site? To help the public stay informed, NYSDEC has established two locations at which you may view public documents. The locations include: Dudley Branch Public Library NYSDEC Region 9 Office RECEIVES AND FILED 2010 South Park Avenue 270 Michigan Avenue Buffalo, NY 14220 Buffalo, NY 14203 Phone: (716) 858 -8900 (716) 851 -7220 (Please call for appointment) Electronic versions of project documents are also available at http - / /,, . �v. c.n . c lche n caU52 4. tnA. Information about sites in the State's remedial programs will now be distributed electronically by email. If you would like to continue receiving information, please sign up at the Erie County email listsery at 1: / /lists.c.slate.n .iaslrrailrnar�llistiolcrieount elean _nets. NYSDEC BROWNFIELD CLEANUP PROGRAM (BCP) CERTIFICATE COMPLETION CERTIFICA'T'E HOLDER(S): ?dame Address SOUTH BUFFALO DEVELOPMENT LLC 333 Ganson Street, BuffaIo. NY 14203 BROW FIELD CLEANUP AGREEMENT: Application Approvak.4 /1!09. Agreement Exertion: 4/27/09 Agreement Index No.:B9_0784 -08 -06 Application Approval Amendment: stone Agreement Execution Amendment. none SITE INFORMATION Site No.: 0915231 Site Name: Buffalo Color Cor)aration Site; Area C Site owner SOUTH BUFFALO DEVELOPMENT LLC Street Address: X29 Clk Sheet Municipality: Buffalo County: Eric DEC Region: 9 Site Size 6,036 Acres Tax ,Map Identification Number(s): 122.12 -1 -301, 122.12 -1 -35. 122.12 -1 -3Cs Percentage of site located In an HnZone: 100% A. description of the property subject to this Certificate is attac;hc d as Exhibit A and a site surrey is attached as Exhibit. R. CERTIFICATE ISSUANCE This Certificate of Completion, hereinafter referred to as the "Certificate," is issued pursuant to Article 27, Title 14 of'thc Now York. State Environmental Conservation Law ("EC L"), This Certificate has been issued upon satisfaction of the Commissioner, following review by the Department of the final engineering report and data submittcd pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the Sito; that the applicable retmediation requirements set forth in the ECL, have been or will be achieved in accordance with the time frames, if'any, established in the remedial work plaza. The remedial program . for the Site has a cleanup level that would be consistent with the fallowing categories o€'uses (actual site; use is subject to Inal zoning requirements): M. Allowable Uses under the 8CP: Commercial and Industrial Cleanup Track: Track 4: Restricted use with site- spe soil cleanup objectives Tax Credit Provisions for Entities Taxable Under Artielt 9, 9-A, 32, and 33: Site Preparation and Ors -Site Groundwater Remediation Credit Component late is 25 °la. Tangible Property Credit Component state is 24 %. Tax Credit Provisions for Entities Taxable Under Article 22 & S Corporations: Site Preparation and On -Site Groundwater Remediation Credit Component Rate is 25 %. Tangible Property Credit Component Rate is I8 %. E J {i W -.3 FF rnMial program includes use restrictions or reliance on the long term employment of institutional ng controls which are contained in the approved Site Management Plan and an Environmental anted pursuant to ECL Article 71, Title 36 which has been duly recorded in the Recording Office nty as 20101 9944€5. [.IABILITY LIMITATION Upon issuance of this C'er#ificate ofCornple6on, and subject to the terms and conditions set forth herein, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL, Section 27 -1421. The liability limitation shall run with the land, extending io the Certificate holder's successors or assigns through acquisition of title to the Site and to a person who develops or otherwise occupies the Site, subject to certain limitations as set forth in ECL Section 27 -1421. The liability limitation shall be subject to all rights reserved to the Stag by ECL Section 27- 1421.2 and any other applicable provision of lacy CERTIFICATE TRANSEERABILITk This Certificate may be transferred to the Certificate holder's succtssors or assigns upon transfer or sale of the Site as provided by EC_'L Section 2741419.5 and 6NY CR.R Pan 375 -1.9. CERTIFICATE MODIFICATION/RFVOCATION This C:'crtific.ate of Completion may bL moth tied or revoked by the Commissioner following notice and an opportunity for a hearing in accordance with l C L Sc etion 27 -1419 and 6NYCRR Part 375-1.9(a) upon a finding that; (1) either the Applicant or the Applicant's succ es -sors or assigns hivo railed to comply with the terms and conditions of the Brownfield Site Cleanup Agreement: (2) the Applicant trade a misrepresentation of a material fact tending to demonstrate that it was qualified as a Volunteer; (3) either the Applicant or the Applicant's successors or assigns made a misrepresentation of a material fact tending to demonstrate that the cleanup levels identified in the Brownfield Site Cleanup Agreement were reached; (4) there is good cause for such modification or revocation; (5) either the Applicant or the Applicant's successors or assigns failed to manage the controls or monitoring in full compliance with the terms of the remedial program; (6) the terms and conditions of the environmental ease: €tent have Been intentionally violated or fout3d to be not protective or enforceable, The Certificate holder(g) (including its successors or assigns) shall have thirty (30) days within which to dare any deficiency or to seek a hearing. ft the deficiency is not cured or a request for a hearing received within such 30-day period:, the Certificate shall be deemed modified or vacated on the 31st day aver the Department's notice. Peter M. lwanowricz Acting qommissioner Mew 'Y state Department of Environmental Conservation By. Date: 1D Dale A. Desnoyers,f erector Division of Environ nental Rc mediation NOTICE OF CERTIFICATE OF COMPLETION Brownfield Cleanup Program NYCRR Part 375- 1.9(d) (Safe. 1Auff`alo Color Com1 (Site Address) 229 Elk Street, Buf , (Site ID fVo.) C91 PLEASE TAKE .NOTICE, the New .Yorl' State Department _ot .Environmental Conservation (Department) has issued a Certificate of Completion (Certificate) pursuant to Article 27, Title 14 of the New York. State Environmental Conservation Law (ECL) to South Buffalo Development. LLC for a parcel approximately 6.03 acres located at 229 Elk Street in the City of Buffalo, Erie County. PLEASE TAKE NOTICE. the Certificate was issued upon satisfaction .of the Commissioner, following review by the Department of the final engineering report and data submitted pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the site, that the re.mesliation requirements set forth in ECL Articic 27, Title. 14 have been or will be achieved in accordance with the time frames, if arty, established in the remedial work plait. PLEASE TAKE NOTICE, the remedial program for the Site has achieved a cleanup level that would be consistent % h the following categories ofttscs.(actual site use is subject to local caning requirements): * Rcsi&ntial Use, as set forth in 6 NYCRR 375- 1.5(g)(2)i. * Restricted Residential Use, asset forth to 6 NYCRR 375- 1.8(g)(2)ii. Commercial Use, as set forth in 6 NYCRR 375- 1.8(g)(2)iii. It Industrial Use, as set forth m 6 NYCRR 375- 1.$( )(2)iv. [Include the following paragraph if there is a grinindwater use restriction] Further, the use of groundwater is restricted and may not be used, unless treated in accordance with the requirements provided by the New York State Department of Health, or a local County Health Department with jurisdiction in such matters and such is approved by tho Department as not inconsistent with the remedy. PLEASE TAKE NOTICE, since the remedial program relies upon use restrictions or the long -term employment ofinstitutional or engiinceringeontrols; such institutional orengincaering cortrolsare contained in an E nvironmental Easement granted pursuant to ECL Article 71, Title 36 which has been dulyn=rded in the Recording Office for Erie County as 2010199446, PLEASE TAKE 'NOTICE, the Environmental Easement requires that the approved site management plan.(SM. P) for this property be adhered to. The SMII,,which may amended from time to time, tray include sampling, monitoring, and/or operating a treatment system on the property, providing certified reports to the NYSDEC, and generally provides for the management ofany and all plans and limitations on the property. A copy of the SM is available upon request by writing to the Department's Division of Environmental Remediation, Site Control Section, 625 Broadway, Albany, New York 12233. PLEASE TAKE NOTICE, provided that the hnvirontrsental Easement, _SNfp and Certificate are complied %ith, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL Section 27- 1421. The liability limitation shall run with the land, extending to the Certificate holder's successors or assigns through acquisition of title to the Site and to.a person who develops or othem tsar Gc;cupic., the Site, subject to certain li itations as set forth in ECL Section 27 -1421. The liability limitation shall be subject to all nghts reserved to the State by Wl.. Section 27-1421,2 and any cxher applicable provision of law. PLEASE TAKE NOTICE, the Certificate may entitle the Certificate holdcr(s) to tax credits to Buffalo Color•Corpatration Area C, Site # C9I3231, 224 Elk Street, City of Rtffalo accordance with Tax Law Sections 21, 22 and 23. PLEASE TAKE NOTICE, any change of use of the sits as defined in 6 NYCRR 375, must be preceded by to the Department in accordance with 6 NYCRR375e1, t 1(d). A transfer of any orall of the property constitutes a change of use. PLEASE TAKE NOTICE, the Certificate may be only be tmnsrerred to the Certifcata holder's successors or assists upon transfer or sate of the Site as prodded by PCL Stotion 27. 1419.5 and 6 NYCRP. Part 37541.9. Failure to comply with th& regulatory requirements for transfer WILL bar the successors and assigns from the benefits of the Certificate: PLEASE TAKE NOTICE, the Certificate may be modified or revoked by the Commissioner asset forth in the applivable regulptions. PLEASE TAKE NOTICE, the C may be revoked if the Envirormental Easement as implemented, if applicable, is not protective or enrorceablo. PLEASE TAKE NOTICE, a copy of the Certificate can be reviewed at the NYSDEC's Region 9 located at 276 Michigan Avenue, Buffalo, NowYork 14203-2915 by contacting Ilia regional Environmental Remediation Engineer. WI1EAEFORK, the undt1 ned has signed this e of Certifcate on Williams if anagor 8BD Haldinge I, Tna. Williams President SOD Holdinga 2, Sne. Date: ' Diaveinber 28, 201 S'L'ATE OF NEW YORK ) SS: COUNTYOF 9ZI8 } On the 2 8 t;h day of December — ,in the year 20 0, bef'are Inc, the undersigned, personally appeared M Willi Williams personally-known to moor proved t omeon the basis of `satisfactory evidence to be the indMdual(s) whose name is (aria) subscribed to iho,vithiti instrume and acknowledged to file that helshelthey executed the same in hisllrWtheir cspaclty(iss), Md drat: by hislhnr /their signature(s) on the instnuncm, the individual(s), or the person upon behalf of which the individual(s) acted; executed the ins at: Please record and return to. Signat laowledgment ffico offndivi at South Buft'aterDevelopment, LLC taking 333 Ganson Street r - Buffalo, New York -14203 MANGY L. YtgAZUFI Notary ITfIMa, State of Nevi York 0?Ja '1U, In L60 0xi my I t 7859 0 12/03109 My Comrrt;'3Ujt'" t s�tids L" -- , NEW YORK STATE DEPARTMENT GF I�CIRON €ENTAL CONSERVATION Si i° Mans r.A Fonn 12/2312010 SITE DESCRIPTION SITE NO. C9162$9 SITE NAME Buffalo Color Corporation Slge Area C SITE - ADDRESS: 229 Elk Street ZIP CODE: 14210 CITY/TOWN: S uf o COUNTY Erie ALLOWABLE USE: Commercial and Industrial SITE MANAGEMENT DESCRIPTION. SITE MA14AGEMENT PLAN INCLUDES: YES NO , IC/EC Certification Plan Monitoring Plan Operation and Maintenance (08rt) Plan Periodic Review Frequency. once a year First Periodic Review Crate: 06116r2ol2 Description of Institutional Control South Suffaio Development LLC S_B,_L Image: 122 12.1 - 30 Building Use Restriction Ground Water Use ftstriction ICIEC Plan Landuse Restriction Monitoring Plan Site Management Plan Soil Management Flan Lot: 35 Sublot: Soctian: 122 Part of 5 Sabcock Street Environmental Easement $lock: 1 Lot: 33 Sublot: Section: 122 Subsection: 12 9 1 f i i t 's c c i i S_8 -L Image: 122.12-1-36 Building Use Restriction Ground Water Use Restriction IVEC Alan Landers Restriction Monitodng Plan S4e Management plan Soil Management Plan ! Lot: 36 Subtot: Section: 122 Subsection: 16 S L Image: 122.12 -1 -36 Building Use Restriction Ground Water Use Restriction ICIEC Plan i Landuse Restriction Meniforing Plan Site Management Alan Soil Management Plan Description of Vnglneering Control 9 4 t 1 t i i t r i a t South Buffalo Development LLC Pert Of 5 Back Street Environmental Basement Block: 3 Lot: 30 Subiot: Section: 122 Subsection: 12 S B L Image: 122.12 -1 -30 Cover System Lot: 35 Sublet: Section: 922 Subsection: 12 $_B _L Image: 122.12 -1 -33 Cover System Lot: 36 Sublet: Section: 122 Subsection: 16 S_B Image: 122,121 -36 Cover System County, Erie, Site liras: C915231 13(A Index No . 139 - 0794 -09 -06 Ger;ifi(:rtt C, Ct7t 1 {,1ezt €t,t Exhjbf? A 329 Elk Start, 145 Fmnatt Street, 5 Babcock Street Oty ofHuf'(ale. Edc County. NY Section 122.12 Brock 1 Lots) . #t3. 35 & 36 Area C ALL THAT TRACT OR PARCEL OF I-AND, situate in the City sal' Buffalo, County of Brie, State; of Now York, being part of Lot Nos. 134 and 137, Township 10, [tango 8 of' the Buffalo Creek Reservation, bounded and described as fellows: BEGINNING at a point of intersection of the southerly line of Elk Street with the westerly line of Lee Street; Thence. southerly along the westerly litre of Lee Street, S 13 1 "W a distance; of 709.59 feet more or Iess to the northerly line ofPrenatt Street, said point being the north cast comer of Prenatt Street as closed on September 9, 1955 and recorded in Liber 5836 of deeds at page 182, parcel B; Thence southerly, along the rust line of Frenatt Street as clo.ged, S42 °59'37 "W a distance o #'27.15 to a poin €, which point is the northeast corner cif lands conveyed to the But`y'alo Creek Railroad Company by clued tiled in the Erie County Clarks Office in Liber 6040 of deeds at page 437; Them westerly along the north litre of lands conveyed to the Buffalo Creek Railroad Company N63 a distance of 143.31 fit to a point of curvature, Thence continuing along the north lute of lands conveyed to. the Buffalo Creek Railroad Company by dt od in Liber 6040 of deeds at Page 437 and Giber 1364 of deeds at Page 538, along a curve to the right with a radius of 330.00 feet, a delta of 62 °32'03'% an Arc Length of 360.17 feet and a chord bearing of N32 °24'23 "W a chord distance of 342.56 feet to a point on the east lute. at' lairds conveyed to said Buffalo Creek Railroad Company by deed recorded its Liber 250 of Deeds at Page 319, and the west litre of Lot 137; Theme northerly along said east line of Buffalo Creek Railroad Company's land as conveyed by deed recotr ed in Liber 250 of Deeds at Page 319, and the west lane of Lot 137 N 1396'03 a distance of 309,89 feet to a point, which point is the south corner of lands conveyed to the Buffalo Creek Railroad Company by deed filed in the Erie County Clerk's Office in Liber 1364 of Deeds at page 538, Thence northeasterly along the Buffalo Creek Railroad Company lands on a record deed bearing of N26° 34' 36 and measured bearing of N 26 °41 ' I VE a distance of 158.99 feet to the southerly line of Elk Street; Thence easterly along the southerly lute of Elk Street, S76 ®I0'39 "E a distame of 365.11 feet more or less to the point or place of beginning, Containing 6.027 acres more or less. Eaviron mental Easement Page 9 --azz .. . Z - Mai u Jm Yi I lk = ___ 1 Ellicott Development Company fi Division o 210 Ellicott Square 10 Ellicott S ware Court Cor . 295 Main Street Real Estate Development, Management & Leasing Buffalo, N.Y. 14203 -2219 Commercial • Residential Common Council City of Buffalo City Hall 65 Niagara Street Buffalo, NY - 14202 O. January 19, 2011 Re: City of Buffalo — Board of Education Gentlemen: 716.854.0060 fax 716.852.2829 www,ell icottdevelopment.COM Submitted herewith is a copy of a statement that I submitted to the City of Buffalo, Board of Education last week. I also submit to you a Memorandum outlining other issues c from interested parties including Reform Ed to be addressed by the Board of Education in order to effectuate necessary change in a failed education system. The failure of the Board of Education to address issues in a substantive and material way over the years has resulted in a system that is the worst in the State of New York, if not in America. Year after year we have heard the Superintendent talk about improvements to the system that would result in a higher graduation rate and higher performance on standardized tests. In fact, there has been no improvement in the graduation rate the result of which is a continuation of the other social ills facing the City including being the number one factor in the crime on our streets. It is unlikely, given its history, that the Board of Education will formally, expediously and in a material way act on the issues at hand unless they are motivated by the community to act. . It is my observation that the Superintendent has filled the Board's ears with feel good presentations at Board meetings unnecessary and distracting from core issues. Weeks go by, months go by, years go by and we continue to take 6 year olds and put them into a system that we know is dysfunctional and which gives them a less than 50% chance of gra? uation and probably less than a 20% chance of having a fulfilling life. G_ � We presently have 13 schools in the totally dysfunctional category out of total of 63 schools in the system.. There are 25 dysfunctional schools in all of New York including New York City and we have 13. A couple of years ago, our performance on standardized tests improved, but it was finally recognized that the standardized testing was skewered in that year because every school district in the State also improved by a like percentage. Otherwise, it is business as usual at the Board of Ed. In addition to issues at the Board, there are State issues that must be addressed by our State Legislative delegation in order to give the Board the ability to effectuate some of the changes. These issues include decision of Sec. 3020(a) of the Education Law which strangles the ability to discipline a teacher adding extreme costs and time to the process. The Triborough Amendment of the Taylor Law is a nightmare and must be rescinded.. It provides for a continuation of terms and puts the City system at an extreme disadvantage in contract negotiations. You r"iust remember that Phil Rumore has been the head of the teacher's union for over 25 years '-a period in which the system has fallen into the abyss. V li Very truly yours, Carl P. Paladin CPP /pg REFERRED T THE SPECI COPYIN21TTEE ON EDUCATION 1 -10 -11 Rev. 1 -11-11 Statement to the City of Buffalo — Board of Education Over the last few years I was critical of the Board and Superintendent Williams for their continuing and remorseless neglect of our public school children. I recognize that some of you are knowledgeable and put the best interests of our children first. My remarks are directed at the collective Board which should be shamed for its functional paralysis and inability to implement change necessary to deal with core problems, including the following: 1) More than 40% of our public school children are in special education for the most part as an LL answer to dysfunctional homes. The costly program doesn't work. The better answer is boarding schools starting at the formative age of 6 which would reinforce the self - esteem and confidence of children by dressing them in clean uniforms, feeding there 3 square meals a day and conditioning them to after - school study and sports programs to provide a base for them to enter mainstream education. 75% of special education programs would disappear overnight and the cost savings would assist in setting up and operating the boarding schools. A boarding school effort must start now. 2) The faceless State Board and its liberal progressive Board of Regents irresponsibly impose financial mandates on local districts without any cost /benefit rationale. The State now mandates that every child obtain a regents diploma without regard for the ability of the child and with little recognition of the value of trade schools and other alternatives to those unable to achieve 'a regent's diploma. In a time of financial crisis and shrinking education budgets, we must Collectively call Albany for mandate relief to our school districts. As the Governor said New Fork is I SM in spending, and 34`" in achievement. The people must be told that the limited education budget must be spent in a responsible and accountable way. Mandates from Albany must meet a cost/benefit test. 3) Our NYS legislative delegation has failed to pass legislation for an appointed School Board with members having minimum standards of education, experience and ability. If you really care and are selfless, tell them. 4) It is the Board's duty to properly educate the community about the advantage to the unions and the constraints on management in dealing with the "continuation of terms" provisions of the Triborougl amendment. Enlightening the people will enable a concerted effort in the legislature to rescind the law. 5) For no discernable reason, the Board extended Superintendent Williams's contract for an additional 4 years. In its deliberations, the Board was not made aware by the Superintendent of a letter from Don Ogilve of BOCES condemning many aspects of the operations of the system and -the way many of the schools in the district are run. The failure to disclose the letter to tht Board was clearly fraud on the inception, The Superintendent should immediately be discharged for cause and the Board should commence a national search for a high - duality replacement who can provide not only the vision, but also who has the intestinal fortitude to V carry out the structural reforms so necessary to the future of our children. The time for rhet&ic is over. if the Board does not within the next thirty days undertake and materially address each of the aforesaid challenges, i will seek to mobilize the community and the Common Council o deny City revenues (approximately $70mil) to the Board budget until it has resigned in favor 6f special master to be appointed by the State Board pending legislation by our State delegation tc' replace the elected board with an appointed Board with minimum standards. If you camiot stand the heat, then you should get out of the kitchen. Cc: Hon. Byron Brown Buffalo Common Council All press Board of Regents Everybody else Page I of I ' 9 i To: Carl Paladino Subject: Additional School Board issues promoted by other interested parties including Reform lad 1. Re evaluate Buffalo School Board member qualifications. Set quality standards and conduct member evaluations every 6 months to ensure quality and expose /reject politics. 2. Appoint school board -- State Delegation 3, Eliminate Triborough amendent - -State Delegation 4. 3020a and Last In First Out reform: teachers have the most influential impact on student achievement, and ineffective teachers are severely harming our students, and thus our future economy. Reforming the hiring and firing practices of teachers will give the school district and principals the autonomy to ensure that only the most effective teachers are at the front of every classroom. -- State Delegation S. Bring Teach for America to Buffalo in the fall of 2012 t� b. Yearly publication of Buffalo School District's Value Added scores: Parents and the,entire community ha "Y e a right to know the effectiveness of each teacher in the classroom. Publishing the value -added scores of each teacher in the district will help parents choose which school to send their child to, and Mll help the administration determine a teacher's effectiveness. 7. Hold all teacher colleges (SUNY, D'Youville, Canisius) publicly accountable to produce prepared and highly effective teachers for urban school districts, such as Buffalo. S. Demand that successful charter m4nagement organizations: are integral in turning around Buffalo's 13 i l "Persistently Low Achieving" schools 9. Increase trans: arency in the Buffalo Public Schools budget and publish the building -based budget for each of Buffa. is schools and central office 10. Establish a pe . rormance based evaluation system to identify Buffalo's most effective teachers, and !- re.ate mentor .jrograms based on those teachers best practices _. i. 1 ,Ttablish performance pay for highly successful teachers in high -risk subjects and schools. 1' D-.niand that student achievement is the number one priority in all administrative decisions. hold all teachers, administrators and staff accountable to answer "how will this impact student achievement" in anv decisio:�i. Jars 18 2011 14:47 ERIE COUNTY DISTRICT ATTY 7168582520 �_ city of Buffalo Common. council LegiSlati-re Staff Appointment of Representative Rate Crimes Task Force Dear Sire: P.2 P " V\ I, FRANK A. SEDITA, 111, District Attorney of Erie Counter, State of new York, hereby designate PATRICK B. SHAVAHAN, Assistant District Attorney, to serge as representative from this office on the Hate Crimes Task Force. PAS /mar RECEIVED AND FILED 25 Ds1�&wMW AVIRNUR . RuFFALO. NEW YORK • 142O2 -3903 o (716) 8562424 m FAX-. (716) 65B -7425 . wwmerie.gov 00048 C of Buffalo DEMONE A. SMITH MASTEN DISTRICT C OUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 - 3318 PHONE: 851 -5145 e FAX: 851-5443 E -mail: dsmitb @city Website: http: / /ws "v.city- buffalo.corn January 20, 2011 David A. Francyzk President of Colnlnon Council 1315 City Hall Buffalo, NY 14202 Dear President Francyzk, LEGISLATIVE A SSISTANTS . TIFFANY LEWIS TODD M`ALISTER CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES / s COMMUNITY DEVELOPMENT A 410 � ! n Al C- I hereby appoint Crystal Rodriguez, Executive Director of Commission on Citizens' Rights and Community Relations as one of the Masten District appointees to the Joint Police Reorganization Commission. As of current, three people of the Masten District have been requested to serve on the committee but have declined. We are waiting on the second appointment which we should have by the next Council meeting, If you have any questions concerning this matter please do not hesitate to contact me at 851- 5145. Thank you, Sincerely, Demone Smith Masten District Council Member - - e ms - PETITIONS January 25, 2011 00049 P. Tsoufliois, Owner, Use 708 Elmwood- Create Additional Seating on 2nd Floor of Existing Restaurant {� (Pub Hrg 2/1711) L ,'� REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 2P U"""FF OF THE CITY CLERK GERALD A. CHWALINSKI City Clark Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA. RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to.the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Fall Orr: T PUA aAAj 1 ( AT 2:00 PM I am also iafortned that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed 4 "a ..1s./ Agent € r Owner) Print Name hk `f_Wr - a63 Phone Date - .,,, ' A� /( 'M' 0 M FOR PLANNING BOA" MEETING. C(Ay of Buftlo. . 65 Niagara Square i Buffalo, NY 14202 (716 )851 -4949 Fax (716)851-5472 l Report D ate 01 11:43 A M AIP # 163445 i GC Building Application Page 1 ages- _ Date I Time By Date! Time By Processed 01712/2011 11:41 GRUND Temp COO issued COO Final Expires ssociated Infarmati Type of Work Dept of Commerce Priority Square Footage 0.00 N Auto Reviews Name ��Laltiatis�n -_ # Plan s 0 ! Declared Valuation 0.00 # Pages 0 ; calculated Valuation 0.00 Bill Group Actual Valuation 0.00 TENSION OF A: ESTRICTED USE INTO THE. SECOND FLOOR OF A MIXED 3 1BLIC HEARING REQUIRED. CREATE ADDITIONAL SEATING FOR 34 AND )OR SIT -IN RESTAURANT AND EXISTING PATIO. A 212.5 STORY BUILDING. TWO BATHROOMS ON THE SECOND FLOOR, FOR AN EXISTING FIRST PLANS REQUIRED. Parent A/P �# Project # ProjectlPhase Name Size /Area Size Descrlption Phase # �gglryry' / f �C l f J _- l .. y_ 'S' / _ ✓ r. V / y. f Contact ID AC1249896 Name TSOUFLIDES EFTHALIA Mailing Address Organization City 708 ELMWOOD State /Province BUFFALO NY ZIPIPC 14222 -2081 Country ❑. Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID A052527 Name TSOUFLIDES,EFTHALIA Mailing Address 708 ELMWOOD Organization city BUFFALO StatelProvince NY ZIPIPC 14222 -2081 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC346291 Name PAUL TSOUFLIDIS Mailing Address 708 ELMWOOD Organization City BUFFALO. StatelProvince NY ZIPIPC 14222. Country USA [ Foreign Day Phone Evening Phone Fax Mobile # . Occupant N From To owner Y From 0111612010 To City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report [date_ 01/1 2/201 1 11:4 AM Submitted By DAVID GRUNDY Page 2 f ( p} No Addresses are linked to this Application s { P WOW / X No Addresses are linked to this Application 2 1002900003012000 l , r No Parcels are linked to this Application (�� a No Applicant Contacts r J r � Primary Y Capacity Type Effective Expire Contact; Its SQUARE Name SQUARE FOOT BUILDERS Phone (716)640 -1449 x Fax (716)881 -3484 Address 362 NORWOOD AVE Comments BUFFALO, NY 14222- Nd Comments 553627 HIM AC329680 DAVID DUNKLIN Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - ASSEMBLY ($75.00) Unpaid GC PMT, INSP, C OF O FEE - ASSEMBLY ($70.20) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 538149 BCODEREV BUILDING CODE REVIEW Incomplete 538151 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 538154 ELECTRICAL PLAN REVIEW REQ'D Incomplete 538150 ELMWOOD ELMWOOD VILLAGE DISTRICT Incomplete 538152 FPLAN FIRE PREVENTION PLAN REVIEWREQ incomplete 538153 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Failed MD MULTI - DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 � v e z _ APPLICATION FEE A 50.00 GC PLAN REVIEW -ASSEMBLY U 75.00 GC PMT, INSP, C OF O FEE - ASSEMBLY U 70.20 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 Total Unpaid 396.20 Total Paid 0.00 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 01/12/2011 11:43 AM There are no Inspections for this Report 538149 BCODEREV 0 538151 CC APP 0 538154 ELECTRICAL 0 538150 ELMWOOD 0 538152 FPLAN 0 Submi By DAV GRUND N 0111212011.11:41 N 01/12/201111 :41 N 01/1212011 11:41 N 01/1212011 11:41 N 01/12/2011 11:41 538153 PPLAN 0 N 011121201111:41 GC Building Application Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Datefrime 01/12/2011 11 :38 i Comments No Comments PRIOR APPROVALS Bfio Arts Commission ❑ Arts Comm. Approval City Survey (can't) ❑ Subdivisions Permit Office ❑Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified. check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 E) First Insurances Check D Public Works approval ❑ Curb Cuts ❑ Beauty Parlor. R2 Notarized Permission! for portable sign one year Encroachment ❑ Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerNVater Cut ❑ Sewer Retention Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition E) Telecommunication ❑ Street cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval. City Planning Restricted Use Permit C) ZoninglUSe Check ❑ Tree over 4" at 4' ❑ Citywide Site Plan ❑ Other ❑ Thruway Sign approval E) Subdivisions Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.q.R.A. ❑ N.E.P.A. [) Contiguous Check City Survey ❑ Address Permit Law Office Water Department Ej Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified Datel7ime 01/12/2011 11:38 Comments No Comments GC Building Application Page 3 City of Buffalo GC Building Applicatiom .' 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 0111212 ©11 11:43 AM Submitted By DAVID GRUNDY Page 4 PLAN REVIEWS j Plans Review Required Revisions Required ❑ Simple Plan Review by Permit Office ❑ Revisions 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 Muit. Dwellings Building Code Review ❑ Revisions Req'd. for Bldg Code Rev. Q 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 Q Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVAC1Mech. ❑ Elevator Code Review ❑ Revisions Required for Elevators ® Fire Code Review ❑ Revisions Required for Fire Bureau MD GRUND 09112/201111:41 N There is no planning condition for this project. No Records for This Search Criteria _ 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added 0 Commercial ❑ work Done by Owner ❑ Truss Construction ❑ Zoning Board of Appeals ELEVATORS You must flit out the custom form on activity detail if there is ELEVATOR work to be Building Construetion: BRICK, FRAME, CONCR. BLOCK completed. A 1170.00 Y MOM OEM Nzm_ _ 060 W M , s. There are no Items in this list City.of Buffalo 65 Niagara Square Buffalo, NY €4202 , (716)851 -4949 Fax (716)851-5472 Report Date 01112/2091 11: 3 AM Submitted. By DAVID GRUNDY Rage 5 i 0 m skIR iY WAS MWARW WRNOUT THE 9Eh'F.M tlF A COREMT FuLL. ABSTNAOT oF TITLE AI V IS 8MRCT TO ANY SLATE W FACTS , TNK7 14AY BE MEALM BY AN DcA ft'nON'AF SAME. I Fang® pe¢ce 18O W- - 1A W " Pp1s l RAlAE GARAG 270.0 DEED 8 MEAS. 4.7 1.32 [) x1 2,i �xnw51 0.08 m 1 p'an e:e+ 0.0 N, m too, 708 Eave+fl23 N. Frame Fmn1 0,32 14n. 7• MEAS. in S,sS 7.87 0.5 E. . BREC E:NRIgGE ST. 13RCa<FSanS 18.53 &SSk FronS . F ' tlEGlt • 027 E 021 5. 027 E. -- 684 E, Dec] 8JDG E. - Oack S.19 E. (e3O' Wli3E1 Mill PART CF. LOT 61 TOWNSHIP 11, RANGE 8 C ITY OF BUFFALO ERIE COUNTY, NEW YORK P L. Sonnenbergerr Land Surveyor N.Y.S. Lic. No. 036193 60 Niagara Street Buffalo, New 'York 14202 - Phone: 71"54-0159 Fax; 716 -854 -1452 SCALE C' m. 2.0' gATrz JAN, 5. 2011 SHEET 19636 NO. 11 -01 315 jlda map vMd wv4us "QED GOf'YR[BtfC 2010 AllerbV uq 11m an INS rr.Ip Is in YbMIOn QI xuh Nsw York Stets u need tmd iIn, e�seDlin4 w- prodded acibn 7269, swvereo Sem N0. 035193 - Part 2 .1 IN New YerR *10c GdY =oNan tx Wke Fence 1.80 094 0f s. w r ro e 0 fq rkesml In � In I n I, N in a1 pRAA4E� Felrce O m to Emk— 09 5 FRAME a OZ� �RfGK -4 •0 U 12.05 61 O 1.28 270.0 DEED 8 MEAS. 4.7 1.32 [) x1 2,i �xnw51 0.08 m 1 p'an e:e+ 0.0 N, m too, 708 Eave+fl23 N. Frame Fmn1 0,32 14n. 7• MEAS. in S,sS 7.87 0.5 E. . BREC E:NRIgGE ST. 13RCa<FSanS 18.53 &SSk FronS . F ' tlEGlt • 027 E 021 5. 027 E. -- 684 E, Dec] 8JDG E. - Oack S.19 E. (e3O' Wli3E1 Mill PART CF. LOT 61 TOWNSHIP 11, RANGE 8 C ITY OF BUFFALO ERIE COUNTY, NEW YORK P L. Sonnenbergerr Land Surveyor N.Y.S. Lic. No. 036193 60 Niagara Street Buffalo, New 'York 14202 - Phone: 71"54-0159 Fax; 716 -854 -1452 SCALE C' m. 2.0' gATrz JAN, 5. 2011 SHEET 19636 NO. 11 -01 315 jlda map vMd wv4us "QED GOf'YR[BtfC 2010 AllerbV uq 11m an INS rr.Ip Is in YbMIOn QI xuh Nsw York Stets u need tmd iIn, e�seDlin4 w- prodded acibn 7269, swvereo Sem N0. 035193 - Part 2 .1 IN New YerR *10c GdY =oNan tx rn o 9utn 5.55 w r 0 rkesml FOS FRAME a �RfGK CONC. ELI< Cann,54ye BUILDING o Bi11L011iG Dal N. 270.0 DEED 8 MEAS. 4.7 1.32 [) x1 2,i �xnw51 0.08 m 1 p'an e:e+ 0.0 N, m too, 708 Eave+fl23 N. Frame Fmn1 0,32 14n. 7• MEAS. in S,sS 7.87 0.5 E. . BREC E:NRIgGE ST. 13RCa<FSanS 18.53 &SSk FronS . F ' tlEGlt • 027 E 021 5. 027 E. -- 684 E, Dec] 8JDG E. - Oack S.19 E. (e3O' Wli3E1 Mill PART CF. LOT 61 TOWNSHIP 11, RANGE 8 C ITY OF BUFFALO ERIE COUNTY, NEW YORK P L. Sonnenbergerr Land Surveyor N.Y.S. Lic. No. 036193 60 Niagara Street Buffalo, New 'York 14202 - Phone: 71"54-0159 Fax; 716 -854 -1452 SCALE C' m. 2.0' gATrz JAN, 5. 2011 SHEET 19636 NO. 11 -01 315 jlda map vMd wv4us "QED GOf'YR[BtfC 2010 AllerbV uq 11m an INS rr.Ip Is in YbMIOn QI xuh Nsw York Stets u need tmd iIn, e�seDlin4 w- prodded acibn 7269, swvereo Sem N0. 035193 - Part 2 .1 IN New YerR *10c GdY =oNan tx E. Wantuck, Owner, Use 2042 South Park -Alter Existing Storefront For a Tattoo And Body Piercing Parlor(South)(Pub Krg 2/1/11) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD f j 3 GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOH JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 .RHONE: (716) 851 -5431 FAX: (716) 851 -4845 This is to acknowledge that I have been informed as to-the time and place for the public hearing regarding: to be held in the Council Chamber, 13th Floor, City Hall On: LO W AT 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the alcove. �r finer Agent or Owner) Print /Tonle �L Date // l� PLEASE ALSO CONTACT BILL GRILLLO PRINCIPAL PLA.�IER 851 -5086 FOR PLANNING BOARD MEE'T'ING. City of Bu ffa lo 66 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 T� Report Date 01/12/201102:49 PM Submitted By DAVID KRUG I AIP # 163463 lase§ Date I Time Processed 011121201114:48 Issued Fina amdatod information Type of Work D ®pt of Commerce Priority Square Footage 0:00 USE Building Application Page 1 By Date I Time By KRUGD . Temp COO € COO i Expires L Auto Reviews Name I EXISTING STOREFRONT FOR A TATTOO AND BODY PIERCING PARLOR. NO PLANS REQ. Parent AIP # Project # P rojectlPhase Name SizelArea Size Description Address 2042 SOUTH PARK BUFFALO NY 14220- Location I I ERRING REQ. FEE REQ. ALTER AN Phase # Contact ID AC1235154 Name RONALD & JEANNE HEINRICH 0.00 #Plans 0 I Declared Valuation Pages 0 Calculated Valuation 0.00 i3iII Group i Actual Valuation 0.00 I EXISTING STOREFRONT FOR A TATTOO AND BODY PIERCING PARLOR. NO PLANS REQ. Parent AIP # Project # P rojectlPhase Name SizelArea Size Description Address 2042 SOUTH PARK BUFFALO NY 14220- Location I I ERRING REQ. FEE REQ. ALTER AN Phase # Contact ID AC1235154 Name RONALD & JEANNE HEINRICH Mailing Address 5145 RICHMOND AVE Organization City BLASDELL StatelPrgvince NY ZIP/PC 14219 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC37699 Name RONALD & JEANNE HEINRICH Mailing Address 6345 MILESTRIP RD organization City ORCHARD PARK StatelPrevince NY ZIPIPC 14127 Country USA Q Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC353628 Name HUYNH THUTHUY THI Mailing Address 2042 SOUTH PARK Organization City BUFFALO StatelProvince NY ZIP /PC 14220 Country. USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 0111812008 To C4 of Buffalo USE Building Application 65 Niagara Square A Buffalo, NY 14202 (716)851 -4949 Pax(716)851 -5472 Report Date 01/1212011 02:49 PM Submitted By DAVID KRUG Page 2 No Addresses are linked to this Application No Addresses are linked to this Application / 1335500002044000 No Parcels are linked to this Application i No Applicant Contacts r Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERfTENANT Phone Fax Address (SEE UNDER APPLICANT) Comment's RENEE AND ERIC WANTUCK 823 -8282 000000 SBU AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY k, Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid PERMIT FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 538208 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete Check Conditions Conditions Successful MD MULTI- DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 4 Case # 127557 Case # 36441 Case # 181666 Case # 141642 NEW z _ PERMIT FEE U 25.00 APPLICATION FEE U 25,00 Total Unpaid 50.00 Total Paid 0.00 C4 of Buffalo 65 Niagam Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 01/12/2011 02:49 PM Submitted By DAVID KRUG Page 3 538208 CC APP 0 N No Activity Review Det MD OK KRUGD 011121201114:48 KRUGD 01112/201114:48 KRUGD N - R Work done by owner Zoning Board ❑ Residential ❑ Work with out Permit (FINE) Commercial ❑ Multiple Dwelling FLAT FEES Existing Us, MD/ STORES Now Use MD I STORES !TATTOO PARLOR Dwelling Units Lost 0 ❑ Eleclrival Dwelling Units Added 0 ❑Plumbing Heating Debris No Employee Entries No Log Entries L-1 rl E 84- 0.10 �-501)TH hy rp m J> fo �50U PARK AVE. W'It"E O m 10 1 �o FRAMe House 4 J" ti L i t PART OF 5US-Lc)-r vim covep- NoRNIAN M. HER-.H 44.1 cr SURVEYS APPRAISALS Z; o N 6 C D A E .r lew r OAK. BUILDING L-1 rl E 84- 0.10 �-501)TH hy rp m J> fo O m FRAMe House 4 J" PART OF 5US-Lc)-r vim covep- NoRNIAN M. HER-.H 44.1 ENGV� EER SURVEYS APPRAISALS Z; o N 6 C D A E .r lew r OAK. r: ��6� 2 0 a r ' ; f Appt Dog Contraol Officer(Perm)(3` Step)(Murray)(PW) Ccp# 8, 01111 Mrs Russell moved That Communication of 8 of January 11, 2011, be received and Filed and that the Permanent appointment of Heather Murray, .101 Hubbell Avenue, Buffalo, NY 14220 at the 3r step of $24, 074.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service t AYE NO FOIE TANA FRANCZYK x GOA.tV'l BEK }{ � $$JJ$$11 A�E ARNS 7s (�. � 7'g'� ry� LO Q R A O' SY YC i�f if PRIDGEN R VE /A iw " i �j Y iJS7'��ca 7C sG "iS `X RUSSELL SMITH 9Y M ° 5 6 2/3 6 111 3/ 4 - ® I � ie 7t Appt Program Coordinator (Perm)(Inter)(Milovicli)(PW) UA Ccp# 9, 01111 Mrs Russell moved That Communication of 9 of January 11, 2011, be received and Filed and that the Permanent appointment of Michael Milovich, 102 Farmer St., Buffalo, NY 14207 at the Intermediate salary of $39,040.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended 6 k"ka e ommended by the Committee on Civil Service I-)- x AYE * NO * FONTANA * x x . .......... * FRANCZYK * G®LOMBEK # * KEARNS * LGCURTO * FRIHGEN x RIVERA * RUSSELL * SMITH * 0 213- 6 3/4- 7 * '� 000;3 Appt Senior Rate Clerk (4"` step)(Cunningham)(PW) Ccp# 10, 01111 Mrs Russell moved That Communication of 10 of January 11, 2011, be received and Filed and that the Permanent appointment of Raylena Cunningham, 442 Highgate Avenue, Buffalo, NY 14215 at the fourth step of $35,251.00 is .hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 6V �-j cda� *AYE NO * FONTANA � * FRANCZYK * GOLOMBEK KEARNS � x * LO CURT® * PRIDCEN x ]gig yam+ RI �' 3�RA 7Z RUSSELL H SMITH Y .l a j N it �y t � 7� 2 /3 - 6 X J 'F X 3/4- 7 0005 Appt Parking Meter Mechanic(Perm)(Max)(Tronolone 111)(pkg) Ccp# 20, 01/11 Mrs Russell moved That Communication of 20 of January 11, 2011, be received and Piled and that the Permanent appointment of Francis Tronolone 111, 159 Sterling Avenue, Buffalo, NY 14216 at the Maximum: Salary of $36,119.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service O&J AYE NO FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RC RIViRA RUSSELL SMITH Mai 5 2/3- 6 314 - 7 000 Notices of Appointments- Teinp /Pi•ov /Perm(Cty Cllr) Cep# 26, 01/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT Recommended by the Committee on Civil Service 06G 1'.' 1 0 ' A. Thompson -Reg Traffic Camera at Intersection of Fillmore & Sycamore ( #25, 11125) That the above item be the same and hereby is Received and Filed. ADOPTED ' a s'e 9 Recommended by the Special Committee on Police Oversight 00 0 1 R. Fontana — Request Cameras on Brinkman Ave (Lov) (438,3/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight pv av 3D 0008.E Shared Asset Forfeiture Fund as of 12/31/08 (Compt) ( #11, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight s �1 0002 S. Radford - Issues of Police Brutality ( #63, 6/24) ( #84, 9/30) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Special Committee on Police Oversight RESOLUTIONS January 25, 2011 000883 } 91 RESOLUTION By: Richard A. Fontana, David A. Franczyk, David A. Rivera, Michael J. LoCurto, :Michael P. Kearns, Darius G. Pridgen, Demone A, Smith, Bonnie E. Russell, Joseph Golombek, Jr. RE: Common Council Mentorship Program WHEREAS, The City of Buffalo Common Council would like to collaborate with City of Buffalo high schools to establish a mentorship program. With the current state of the Buffalo Public School system, it has become imperative that students have positive role models both in and outside of school; and WHEREAS, A mentorship program would give Council Member's the opportunity to provide support, guidance, and positive reinforcement to students who are in need of positive role models. Each Council Member would adopt a high school and offer their time at that high school mentoring three or four students; and WHEREAS, The program will offer the students an opportunity to learn about legislation, intergovernmental cooperation and a variety of governmental functions provided by the Common Council. This can be a tremendous opportunity for students interested in a career in government and looking to gain a. better understanding about government related issues and politics; and WHEREAS, The mentorship program may be used as a tool to help students who may be going through a difficult or challenging time in their personal or academic life, and need extra support, or may simply need to have another significant adult present in their life. The Council Member mentorship program can .help students involved in the program gain self confidence and provides a unique opportunity to gain valuable experience and build leadership; and WHEREAS, This program can offer a rewarding and fulfilling experience for both the Council Member and the students, as it cultivates today's young leaders and offers an opportunity for highly motivated students to excel as future leaders. NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby support the establishment of a mentorship program in collaboration with City of Buffalo high schools; and NOW, THEREFORE BE IT FURTHER RESOLVED That copies of this resolution be sent to all City of Buffalo high schools and Buffalo Public Schools Superintendent Dr. James A. Williams. °� A Richard, Council Member Dohone A. Smith Masten District Council Member N.,A, !�Od� �- , J ep Golombek Jr. North District Council Member OP Dcivid A. Franczyk Fillmore District Council Member Michael J` oCurto Delaavare District Council Member Iu f W Mich ael P. Kearns South District Council Member David A. Rivera Niagara Distri Council Member Darius G. Aridge Ellicott District Council Member r AI Ronnie E. Russell University District Council Member 1 Wit- 000 RESOLUTION � Sponsor: Mr. Franczyk Re: Appointment to the Shared Asset Forfeiture Fund Advisory Committee (SAFFAC} Whereas: The Shared Asset Forfeiture Fund (SAFF) was added to the City Charter in 2006, Section 16 -24, in the Department of Police, to provide funding to private, not-for-profit and community -based organizations classified as and meeting the requirements of 26 U.S.C. 501C (3) or (4), for conducting programs associated with law enforcement, crime, drug and alcohol abuse prevention, that contribute to the safety, betterment, and physical well -being of youth within the City of Buffalo, and Whereas: Section 16-25 of the City Charter states that the Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five members, each having voting power. The Commissioner of Police shall be a member, along with the Mayor and Common Council each appointing two members; and Whereas: In compliance with Section 16 -25 of the City Charter, the Common Council advances the following individual for appointment to the SAFFAC as a voting member: Lauris Robinson, who currently resides at 241 Humboldt Parkway in the City of Buffalo, NY. Now, Therefore, Be It Finally Resolved: That this Common Council hereby appoints Lauris Robinson, who currently resides at 241 Humboldt Parkway in the City of Buffalo, NY, to serve as a voting member of the Shared Asset Forfeiture Fund Advisory Committee for a two-year term expiring on December 31, 2012. David A. Franczyk Common Council President Fillmore District Council Member 3 x AYE * NO FON`I'ANA FRANCZYK x GGLOMBEK 00 0 8 41 By: Mr. Golombek Re: Discharge :Legislation Committee Item 432 C.C.P. November 3, 2010 "Restaurant Dance Class 111 -289 Austin St(North) (EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #32 C.C.P. November 3, 2010 "Restaurant Dance Class 111 -289 Austin St(North) (EDPI)" and said item is now before the Common Council for its consideration. Joseph Golombek, Jr. r , ADOPT DISCHARGE, APPROVE } �: * AYE NO FONTANA x * x FRANGZYK x GOLOMBEK [LEARNS LOGURTG PRIDGEN n RIVER.A RUSSELL x x SMITH X! +/ raj „ 5 �t 'Si 7Y 2/3 ® 6 3/4 ® 1 00086 By: Mr. Golombek Re; Discharge Legislation Committee Item #64 C.C.P. January 11, 2011 . "Food Store (0 License (New)� -231:9 Maim (Mas) (EDPI) (#2 Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item ##64 C.C.P. January 11, 2011 "Food Store License (New) -2319 Main (Mas) (EDPI) ( 428, 12/14) ( 455, 12128)" and said item is now before the Common Council for its .consideration. 9 1"i Joseph Golombek, Jr. ,PV 2319 Main Street Food More Approved with the following conditions: 1. Store to close on or before 11:00 prn weeknights 2. Store to close on or before 12 midnight on Friday and Saturday 3. No "blunt" displays 4. No cigarette rolling paper displays 5. No "one -hit" tobacco pop sales or displays 6. No glass tube sales or displays 7. No obstruction of windows 8, No Loitering signs posted on store 9. No alcohol or tobacco ads on outside of store 10. Cooler and mechanical equipment to be in working order 11. Any hand - painted or hand -drawn signs must be approved by Department of Inspections 12. Must keep a clean store 13. No loitering or hanging on premises 14. Will not harbor, contribute, encourage or participate in any illegal crime *AYE *NO* FONTANA FRANCZYK C OLOIBEK KEARN * LOCURTO * * x PRIDG JN RIVE Y IC X YC � RUSSELL SMITH �� Ma j ° 3C x 1* :� x 2/3- 6 3/4- 7 00087 By: Mr. Golombek Re: Ordinance Arrzendment Chapter 288, Natural Gas Extraction Prohibition The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 288 of the Code of the City of Buffalo be added to read as follows: Cha pter 288 NATURAL GAS EXTRACTION PROHIBITION Whereas, this ordinance prohibits the exploration for and extraction of natural gas and the storage, transfer, treatment or disposal of natural gas exploration and production wastes within the City of Buffalo, in order to preserve and protect the public health, safety and welfare of the residents and neighborhoods of Buffalo; and Whereas, after review of scientific research from both opponents of natural gas extraction and natural gas extraction industry advocates, the Common Council now seeks to prevent the citizens of Buffalo from the dangers associated with natural gas extraction; and Whereas, this Ordinance shall be known and may be cited as `Buffalo's Community Protection from Natural Gas Extraction Ordinance "; Now Therefore, Be it enacted by the Common Council of the City of Buffalo as follows: §288 -1 Findings and Intent The Common Council of the City of Buffalo finds, declares and determines that: a. the ex loration far natural as the extraction of natural gas and the storage, transfer treatment or disposal of natural as exploration and roduction -,vastes in the urban environment of Buffalo poses a significant threat to its residents' health. safety, and welfare; b. widespread environmental and human health im acts have resulted from natural as exploration and extraction in other areas; c. if natural gas exploration or extraction or the stora e transfer treatment or' dis osal of natural as ex loration and roduction wastes were to occur within the activi1y would endanger the health - safejy and welfare of City residents throw h the de osit of toxins into the air, soil water environment and the bodies of residents within the Ci d. ) ... protection of residents nei hborhoods and the natural environment constitutes the hi hest and best use of the olice and land use owers That the City ossesses• L�L e. clean air and water are essential to most resources and activities ill the Buffalo area and the quality of the air and the water will be de railed by natural gas exploration and extraction activities and/or the storage transfer treatment or dis osal of natural was ex loration and production ° (f.) natural gas exploration and extraction activities and the storage, transfer, treatment or dis osa.l of natural gas ex loration and production wastes may presently or in the future cause irre arable harm to the Ci 's water su l ollution of the water soil and air and ma cause cancer lung disease and respiratory diseases; air soil and water contamination ma occur dur•in the different sty es of natural as exploration and extraction operations and the storage, transfer treatment or dis osal of natural gas exploration and roduction wastes and such contamination could have adverse human health im acts (h.) spills of liquid and solid wastes that originate from the exploration, drilling and extraction of natural gas (whether onsite or during the transportation of these products to treatment and /or disposal facilities )is not uncommon and such products may come into contact w ith and contaminate and tpollute Rroundwater and/or soil-, a large percentage of the chemicals used in natural ag s exploration and extraction and many of the constituents of natural ag s exploration and /production wastes are likely causes of adverse human health impacts; (j.) natural ag s exploration and production waste Mducts are hazardous waste within the meaning of Section 235 -1 of the Buffalo City k. the of Buffalo has the authorit to rohibit the ex loration and extraction of natural as and the storage, treatment or disposal of natural gas exploration and roduction wastes within its borders; 1. this Ordinance addresses land use and nuisance issues and is intended to oniv incidental) irnlpact flue state law set Earth in New Yark State F,nviranmental Conservation Law Article 23; m. this Ordinance enclorses the Buffalo Corn prehensive Plan. The Corn rehensive Pian notes that "fhe Great Lakes contain 20 percent of the world's fresh water sup ply. This is a resource of immense and increasing ;global value. The Comprehensive Plan also notes a need to reduce the total area zoned for heave industrial use and the need to promote sustainable - `green" development. The City of Buffalo chooses not to ermit additional sites for extraction of fossil fuels within its city limits. but rather seeks to reserve areas float mi ht otherwise be dedicated to fossil fuel extraction for other more sustainable alternatives. n. The Common Council believes that the rotection of residents nei hborhoods and the natural environment is an apprairiate use of its police powers. The Common Council thus hereby adopts this ordinance, which bans the extraction of natural gas within the City of Buffalo because that extraction cannot be achieved without endangering the health safpjy, and welfare of the residents of the City of Buffalo, t 288 -2 Legislative Objectives and A A. This Ordinance is enacted to rotect and romote the health safe and encral welfare of resent and future residents of the Ci1y. This Ordinance is an exercise of the City's police power, its p ower to prohibit public nuisance and a land. use re elation designed to the and welfare of the current and future residents of the Ci1y from adverse effects and itn acts that would result if natural as exiDloration and extraction and /nr the store e transfer treatment or dis osal of natural as exploration and production wastes were allowed within the City. B. This Ordinance is romul aced ursuant to the Authori set forth in Article 9 1 of the New York State Constitution and § 10 of the New York State Municipal Home Rule Law. C. This ordinance su orts the volicies of the State of New York 1 "to conserve improve and p rotect its natural resources and environment and to prevent, abate and control water, land and air p ollution in order to enhance the health, safe1y and welfare of the people of the State and their overall economic and social well-being ECLI -0101 • and 2 "to reduce or eliminate the use of hazardous substances and the enerate of such substances pollution or waste at the source in order to conserve im rove and Drotect New York's environment and natural resources; enhance the Health safe and welfare of its citizens..." D. This Ordinance is an exercise of the ... City of Buffalo's prohibition on any activi "involving the treatment storage or disposal of hazardous wastes which cause substantial harm or a risk of substantial harm to the public health and safety or to the environment..." Buffalo City Code 235 -2 . E. This Ordinance is not directed at the resaulatory scheme for the operation of natural gas wells under the Oil Gas & Solution Minina Law of New York State, This Ordinance addresses land use and nuisance concerns and the protection. of the health safety and welfare of the people of the City of Buffalo and the enhancement of its physical environment. §288 -3 Definitions A. "Cat orations "for ut ores of this ordinance shall include an cor oration limited artnershi limited liabili artnershi business trust or limited liabili cozn an or anized under the laws of anv state of the United States or under the laws of an count and an ether business enti that possesses State - conferred limited liability status or protections for its owners directors officers, and/or manpe_t-s, B. "Exploration" shall mean geologic or gqophyqjg4tAetivities related to the search for natural as or other subsurface hydrocarbons including prospecting, eo h sisal and geologic seismic survaing and sampling techniques, which include but are not limited to core or rotau drilling or making an excavation in the search and evaluation of natural gas deposits. C. "Extraction" shall mean the di . in or drilling of a well for the purposes of exploring for develminja or vroducina natural gas or other h drocarbons. D. "Natural Gas" shall Mean ajry gascous substance, either combustible or noncombustible. which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature or pressure conditions, and /or gaseous components or vapors occurr.i4g in or derived from petroleum or other hydrocarbons. E. "Natural Gas Ex loration and Production Wastes" shall mean any garbage refuse stud c or other discarded materials includin solid li uid semisolid or contained aseous material that results from the ex loration drillin or extraction of natural as. F. "Pollution" shall mean the contamination or other degradation of the physical chemical or biolo ical r °o ernes of land water ar air that will or is likel to create a nuisance or render such land water or air ha e, or harmful, detrimental or injurious to domestic, commercial., industrial, agricultural, recreational or other beneficial uses, or to wildlife, birds, fish, or other aquatic life. 288 -4 Prohibition Av-ainst the Exploration for or Extraction of Natural Gas No Person, firm or cor ofation shall: conduct an ex ploration for natural gas; drill any well for natural as• transfer, store treat or dispose of natural as exploration or p roduction wastes; or erect an derrick, building, or other structure or place any rnaching°t or equipment for such purpose within the territorial boundaries of the City of Buffalo. X288 -5 Prohibition Against the Storage, Treatment and Disposal of Natural Gas Extraction Wastes The storage. transfer treatment and /or dis osal of natt►ral as cx loration and roduetion wastes are hazardous wastes within the meaninp- of this Code. No person, firm or corporation shall cnga e in the storage, transfer, treatment and /or disposal of natural ads exploration and productiorr wastes within territorial boundaries of the Ci of Buffalo. No ermit issued b an state of federal a enc commission or board to any p erson — firm . or corporation, which would violate the prolijbitions of this Ordinance shall be deemed valid within the City of Buffalo. §288 -6 Enforcement A. Any person, corporation or other entity that violates any prohibition of this Ordinance shall be �uil of a summary offense and u on conviction thereof shall be subject to the maximurn fine allowable tinder this Charter and Code for said violation. A sep arate offense shall arise for each da or ortion thereof irr which a violation occurs and for each section of this Ordinance found to be violated. B. The City of Buffalo may also enforce this Ordinance through an action in cquiiy brought in New York State Supreme Court. In such an action the Cijy of Buffalo shall be entitled to recover all costs of liti anon including. without limitation ex ert and attorney's fees. C. Any City resident shall have the authori to enforce the rovisions of this Cha ter throe h an action brought in New York State Supreme Court. In such an action, a resident who enjoins a violator of this Chapter from a continuing violation of this Chapter shall be entitled to recover all costs of litigation, including without limitation expert and attorne y's fees from the violator. &288 -7 Effective Date and DEC Permit Holders This Ordinance shall be effective five 5 da s after the date of its enactment at which Dint the Ordinance shall apply to any and all extractions ofnatyral gas in the City of.Bgffalo regardless of the date of any applicable DEC permits. §288 -8 Severability The rovisions of this Ordinance are severable. If an court of com etent urisdiction decides that aLiy section clause sentence art or p1ovisim of this Ordinance is ille al invalid or unconstitutional such decision shall not affect im air or invalidate any of the remainin sections clauses sentences arts or Drovisions of the Ordinance. 288 -9 Re eater This Ordinance shall re eal an rior inconsistent ordinances contained in the Buffalo Qijy Code ur ortin to re elate o allow natural as ext'actio or the tans ort stora e treatment or disposal of natural gas exploration or extraction waste. APPROVED � AS TO FORM r Y Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. 5 RESOLUTION By: Mr. Kearns & Mr. Fontana RE: City Wide Emergency Notifications through Email and Texting WHEREAS, The ability of the City of Buffalo to communicate with its residents, businesses and taxpayers has expanded exponentially with the advent of wireless and internet technologies; and WHEREAS, The reach and target audience of traditional media channels are in decline, and smaller City of Buffalo staffing levels have challenged the City's ability to release information accurately and in a timely manner; and WHEREAS, The technology currently exists for the City to communicate on a one -to -one basis with individuals through permission -based email and text messages; and WHEREAS, At this titre, the City of Buffalo is already utilizing similar technology to communicate with individuals with the Police Department's "Text -A -Tip" program and the 311 Phone and Online Systems. This same technology can be utilized for permission -based two -way communication; and WHEREAS, In the case of an emergencies or significant events, targeted email and text messaging could be used to contact affected individuals using zip code information that could be captured when individuals register to receive email and/or text alerts, and WHEREAS, Cities such as Minneapolis Minnesota are already utilizing email data bases and Facebook to communicate information such as "Emergency Snow Alert Messages." NOW, THEREFORE BE IT , RESOLVED, That the City of Buffalo, NY Common Council respectfully requests that the Department of Public Works, and the Department of Management Information Systems explore the feasibility of implementing and utilizing a system for communicating via email, text message, Facebook, Twitter, and related social networking and permission -based technologies to communicate important information to residents, businesses and taxpayers, particularly in emergency situations. Michael P. Kearns South District Council Member Richard A. Fontana Common Council Majority Leader Lovejoy District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION. 00039 V: Mr. Kearns Transfer of Funds O e s me That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $3,500 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006 — 434000 Other Contractual Services $3,500 to Common Council Legislative 10102001 — 412002 Hourly Salary $3,500 c� AYE NO FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH Ma 5 2/3- 6 3/4- 7 V. Sponsor: Michael J. LoCurto RESOLUTION Re: Buffalo Olmsted Parks Conservancy Grant Application to New York State Department of Environmental Conservation for a project grant under the Urban and Community Forestry Program WHEREAS: The Buffalo Olmsted Parks Conservancy is applying to the New York State Department of Environmental Conservation for a project grant under the Urban and Community Forestry Program project to be located throughout the Buffalo Olmsted Park System, a site located within the territorial jurisdiction of this Board of Trustees and, WHEREAS: As a requirement under the rules of these programs, said not - for - profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located "; NOW, THEREFORE, BE IT RESOLVED: By this august body that the Council of the City of Buffalo hereby does approve and endorse the application of Buffalo Olmsted Parks Conservancy for a grant under the Round 10 Urban and Community Forest Program for a project known as "Buffalo Olmsted Park Conservancy's Tree Inventory and Al'anagement Plan: System Wide Inventory Updates and Tree Maintenance" If the project is taking place on municipally -owned land, the following must be added: BE IT FURTHER RESOLVED THAT: Should Buffalo Olmsted Parks Conservancy be unable to do so, said property shall be maintained by City of Buffalo consistent with the rules promulgated by OPRHP. MICHAEL J. Lo CURTO Delaware District Couneilumember � 9T t 0009. 9 RESOLUTION Sponsor: Darius G. Pridgen Subject: A review of City Hall security Whereas: A recent incident at a "Congress on your Corner" gathering in Arizona tragically took the lives of six individuals, and wounded 18 others, including U.S. Representative Gabrielle Giffords; and Whereas: In Panama City, Florida, a gunman entered a school board meeting, opened fire, and put the people present at the meeting in danger. He was subsequently apprehended by trained security personnel on duty; and Whereas: As a result of these and other documented life threatening events, many government agencies across the United States have or are in the process of examining their security measures and emergency plans; and Whereas: The vulnerability of the general public, employees and elected government officials during regular business hours and government meetings gives reason to make an in -depth evaluation of our security system and the proper measures that should be taken to ensure the safety of those who conduct business, work and visit City halt; and Whereas: The City of Buffalo Common Council has an obligation to ensure the safety of its employees, visitors, other City Officials and strive to create a safe environment; and Whereas: A comprehensive assessment of building security and protocol bringing together City Hall officials and the Buffalo Police, Fire and Public Works Departments, to evaluate the current security protocols, plans, and systems currently established, culminating in a detailed account of its findings is necessary to ensure public safety; and Whereas: Tragic events such as these warrant the need for a complete evaluation of the security protocol and emergency plans utilized in Buffalo City Hall. Now Therefore Be It Resolved: That the Common Council request that Police, Fire and the Department of Public Works immediately meet to review the security, emergency and contingency plans for City Hall; and Be It Further Resolved: That the cited Commissioners report back to the Common Council of the outcome of their review; and Be It Finally Resolved: That this matter be referred to the Common Council Finance Committee for further deliberation by the Com,mpn Council. � ! E� & Lzl 4 ' Darius G. Pr v V Ellicott District Council Member REFERRED TO THE COMMITTEE ON FINANCE 0009 BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 15 — ADMINISTRATION & FINANCE 1045 — COLLECTIONS The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 15 -- Administration & Finance, 1045 - Collections which currently reads: 2 Junior Collection Officer Is hereby amended to read: 1 Junior Collection Officer 1 Laborer 11 $ 31,084 - $ 34,255 $ 31,084 - $ 34,255 $ 22,070 - $ 34,134 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 PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. toliTISSIONER, PENKSA OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS bolqNA J. ESTRI6II - DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVED Corporation Counsel 11/2212010 Attachment SOA t PASSED '/4 CITY OF BUFFAL DEPAR'T'MENT OF z ADMINISTRATION, FINANCE & URBAN AFFAIRS BYRON W. BROWIN MAYOR To: Donna Estrich Director of Bridget From: Michael A. Seam Director of Tre I'& lie ns Date: November 2 , 2010 Re: Salary Ordinance Amendment for Division of Collections 1 �} is �— � J ANET PENKSA COMMISSIONER MICHAEL A. SEAItAN DIRECTOR OF TREASURY AND COLLECTIONS To comply with the Amendment to Memorandum of Agreement between the City of Buffalo and AFSCME Local 650 signed on October 8, 2010, it is necessary to change a title in the Division of Collections from Junior Collection Officer to Laborer 11. Therefore, we are proposing the following changes to personnel in the Division of Collections: Elimination of the following title: Junior Collection Officer - Treasury 34,255.00 Creation of the following title: Laborer 11 34,139.00 Savings in Division of Collections 116.00 65 NIAGARA SQUARE / 117 CITY MALI.. / BUFFALO, NY 14202 -3302 / (716) 851 -5722 / FAX (716) 851-4483 / Nk- mv.6tg- buffalo.com AYE NO FONTANA FRANCZYK GOLOMBEK LEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH Maj 5 2/3- 6 CJ 314 - 7 00093 �t RESOLUTION By: Mr. Smith and Mr. Kearns Co- Sponsors: Mr. Fontana and Mr. Pridgen Re: Call for an Education Summit in the City of Buffalo Whereas: Educating students, especially in urban areas such as the City of Buffalo, is uniquely challenging and must be made a governmental priority; and Whereas: Despite some of the highest spending per pupil in the region, Buffalo's schools suffer from low achievement and are consistently among the lowest producing schools in New York State; and Whereas: The City of Buffalo has some of the lowest high school graduation rates not only in New York State, but in the entire United States. The overall graduation rate in the City of Buffalo is around 60%. Amongst boys, only 25 -33% of black males and only 55% of white males finish high school; and Whereas: Our entire community suffers when children drop out of schools as a result of the high costs associated with incarceration and providing health care and social services, which ultimately must be borne by the taxpayers; and Whereas. Students who drop out of school are much more likely than their peers who graduate to be unemployed, live in poverty, receive public assistance, be incarcerated in prison, have health problems, divorce, and be single parents with children who drop out of high school themselves; and Whereas, Buffalo has a disproportionally high number of schools that are classified as Persistently Low Achieving (PLA) schools, including South Park High School in South Buffalo, which is the only public secondary school in that part of the City; and Whereas: Many different ideas have been suggested for reinventing public education to close the achievement gap of underperforming and failing schools. These include, a return to neighborhood schools, smaller classroom sizes, more afterschool programs, an extended school day, community schools, residency requirements for all school employees and moving Board of Education elections to November; and Whereas: As stated in the Schott Foundation for Public Education report, "Good schools are fully resourced, with talented, caring teachers, well - trained and numerous support staff, and protective and supportive administrators- and poorly performing schools are not. Good schools have challenging curricula, high expectations for all students, and an expectation for success. Poor schools do not. Good school have fully staffed libraries, an adequate supply of textbooks and computers, art and music programs, and science labs;" and Whereas: Parents and students need to have access to information so they can choose the schools that best fit their child's needs and talents; and Whereas: Student achievement should be the top priority in all administrative decisions and how resources that have been awarded to Buffalo from "Race to the Top" funding are spent should be discussed in open and transparent public forums; and Whereas: A framework and mechanism must be developed for improving our schools if changes to our school system that have been discussed are to become a reality; and Whereas: An educational summit, designed to bring together the various education stakeholders, would provide an appropriate venue for developing such a framework; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo calls for an educational summit to discuss issues affecting our schools and identify specific options for improving the quality of education in our school system; and Be it Further Resolved: That this Education Summit be scheduled for the Spring of 2011 and include members from the New York State Board of Regents, the New York State Commissioner of Education, the Chancellor of the New York State Department of Education the Superintendent of the Buffalo Schools, the Buffalo Board of Education, higher education, mental health organizations, crime prevention agencies, representatives of parent and community organizations, concerned citizens, and teachers and school personnel; and Be it Finally Resolved: That the City Clerk send copies of this resolution to the Governor of New York, the New York State Board of Regents, the New York State Commissioner of Education, the Chancellor of the New York State Department of Education, Buffalo Schools Superintendent Dr. James Williams and the City of Buffalo Board of Education for.their . comments. g Richard A. Fontana ADOPTED K, Michael P. Kearns L Darius G. Pridgeif 00094 n RESOLUTION By: Demone A. Smith °f) \ Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL AO0612 TO AMEND THE VEHICLE AND 'TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO A,IUDICATE TRAFFIC INFRACTIONS WHEREAS: Bill A00612 has been introduced in the New York State Assembly; and WHEREAS: Such hill would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York Department of Motor Vehicles; and WHEREAS: Such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single, convenient location; and WHEREAS: Such authorization would additionally benefit the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS: Such authorization would place the City of Buffalo on equal footing with other cities and towns in New York State with respect to the adjudication of traffic infractions; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law; and WHEREAS: The City of Buffalo Common Council, on June 22, 2010, adopted a Home Rule Message in support of virtually identical legislation which was before the New York State Senate, Bill S1I56B, and the New York State Assembly, Bill A2062B. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly, bill A00612, entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions;" and BE IT FURTHER RESOLVED: That is hereby .declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and -1 BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward five (5) copies of this resolution and five (5) completed copies of a Home Rule Request to the New York State Legislature as follows: Four (9) copies of this Resolution and four (4..) completed copies of the Home Rule Request, to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Assemblymember Crystal D. Peoplefi 619 Legislative Office Building, Albany, NY 12248. IJCm4ne A. Smith Masten District Council Member 00095) I 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 Tuxedo Junction By Councilmember Michael F. Kearns 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 January 25, 2011 ' The following proclamation was adopted, sponsored by South District Council Member Michael P. Kearns: Whereas: Tuxedo Junction, one of the largest formalwear providers in the nation, - was founded in Buffalo, New York in 1969 and now operates stores in more than 50 cities throughout the United States; and Whereas: Recently, Tuxedo Junction donated more than 250. tuxedos, valued at $22,500, to the tnusrc departinents of five.'schools within the arty of Buffalo Public School District,. Vast budget cuts and an unstable economic cli nO have caused many music de'parit students to not have' the hinds tv purcTtct e uniforms for their vat iausmusical activities and Whereas: Dix edo Junction provided up to 50 tuxedos per school to the iu alb, Academy ' 1009( 3 BY: DEMONE A SMITH Appointments Commissioners of Deeds Rewired for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo 1 OTAL 74 i I • I S v l� i [ sr `V 9 9` 1. Acker, Sharon 2. Acquino, Michael 3. Azzarello, Leanne 4. Bannister, William 5. Barba, Paul L. 6. Bartoszewicz, Richard 7. Blakeley, Kellie 8. Bullum, Nathan 9. Burd, Brian 10. Bursie, Ernest W. 11, Callahan, Brenda 12. Carter, Richard 13. Caruso, John W. 14. Collins, Tim 15. Cooley, William J. 16. Demps, Valerie M. 17. DiFonzo, Dawn 18. Doyle, Richard P. 19. Dully, Teresa M. 20. Fay, Sharon A. 21. Fera, Gina 22. Flanagan, Paul J. 23. Flowers, Michael J. 24. Garcia, John C. 25. Geier, Lisa 26. Gentzler, Patricia A. 27, Gugliuzza, Mary E. 28. Jaskula, Sheila 29. Jones, Cara K. 30. Jones, Kerry F. 31, Kaska, James R. 32. Knight, James 33. Kobler, David S. 34. Kochersberger, Christopher S. 35, Kocol, Peter 36. Lauria, Nancy 37. Lopez, John A. 38. Lundin, Carl 39, Mahoney, Brian F. 40. Malec, Scott 41. Malkinski, Diane 42. Marrero, Shawna M. 43. McCabe, Erin 44. Michalek, Mark 45. Mikalazewski, Deborah 46. Mordino, Michael A. 47. Mulhern, Timothy 48. Munoz, Gilberto 49. Murphy, Janet M. 50. Nichols, Steven J. 51. Perez, Edwin 52. Pyszczynski, Carole 53. Rambino, David J. 54. Reilly, Debra A. 55. Rinaldo, Daniel P. 56. Ritz, Teri Jo 57. Rogers, Frances 58. Rosenswie 1I1, Robert V. 59, Skinner, Ralph 60. Skokowski, Denise 61. Solomon, Joyce M. 62. Sullivan, Jacqueline 63, Teague, Gary E. 64. Testa, Scott 65. Thill, Amy 66. Thrist, Lovinia 67, Tomassi, Kimberly A. 68. Tucker, Deborah E. 69. Wells-O'Neill, Tara 70. White, Janice E. 71, Tiles, Sheila M. 72. Williams, Felicia C. 73. Williams, Gwendolyn L. 74. Wrest, Patricia N. BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: ® Edmund H. Hunte ® Fanchon R, Pratcher TOTAL 2 NISI _ - ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 t11 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 1, 2011 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 1, 2011 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev, Tuesday, February 1, 2011 at 1 :00 o'clock P.M. Committee on Legislation Tuesday, February 1, 2011 at 2:00 o'clock P.M. Special Committees Committee on Waterfront Dev Tuesday, January 25, 2011 at 4:30 o'clock PM (Public Disclaimer All meetings are subject to chan e and cancellation b the respective Chairmen. of Council Committees. In the event that there is sufficient time iven for notification it will be vrovided, In addition there may be meetings set lip whereby the Cit Clerk's Office is not made aware therefore unless we receive notice from the respective Chairmen we can onIv make notification of what we are made aware. 00099 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr5K-e�s, the Council adjourned at GERALD CHWALINSKI CITY CLERK January 25, 2011 Board of Police and Fire Pension Proceedings #1 Office of the Mayor -201 City Hall January 24, 2011 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Timothy hall, Assistant Corporation Counsel Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 transmit herewith the pension Payroll for the Fire Pension Fund for the month of January, 2011 amounting to $3,740.00 and request that a check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the police Pension Fund for the months of January, 2011 amounting to $2,315.00 and request that a check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:02 a.m.