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HomeMy WebLinkAbout11-0517-0519ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO May 17, 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 May 3, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH [-- e_-- ____e__I [MAI° 5] [ 213 - 61 [314- 7] *AYE* NO* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * May 17, 2011 (1 FROM THE MAYOR May 17, 2011 FROM THE MAYOR - EXECUTIVE DEPARTMENT May 17, 2011 FROM THE OFFICE OF STRATEGIC PLANNING 00401 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Least Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 Asper the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Gambinos Liquor Store Location: 334,338, 340 Amherst Street Type of Action: Unlisted- Uncoordinated Description: Left Coast Design Studio on behalf of Gambinos Liquor store (Michael Gambino) is proposing the construction of a building addition (between two existing buildings) and parking improvements to the property located at 334, 338, 340 Amherst Street Buffalo New York. The project site includes three separate parcels all owned by Mr. Gambino. As part of this proposed project, Mr. Gambino is planning to make numerous upgrades to his buildings including expanding the liquor store into the adjacent alley and convert a former barber shop next door into more space for the current liquor store operation. Also the proposed project will include new accessible toilet rooms, new accessible entrance, new interior finishes, rebuilt floor structure, new lighting, a 300 square foot building addition, new facade, landscaping and parking with lighting, signage and handicap parking. The project is privately funded with an approximate cost of 120,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will assist Mr. Gambino in helping to grow his successful business located in an up and coming neighborhood business district as well as help clean up a somewhat neglected section of Amherst.Street. Potentially new jobs would be created for neighborhood residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 801 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated May 10, 2011 CC: City Clerk City of Buffalo Public Works, Parks, Sheets Department City of Buffalo Economic Development, Permits and Inspection Left Coast Design Studio i r 4 f 0000{) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Time Release Sciences /' Location: 205 Dingens Street °11 Type of Action: Unlisted, Uncoordinated Descriptlow Kulbacks General Contractors on behalf of Time Release Sciences is proposing the construction of a warehouse addition on the property located at 205 Dingens Street Buffalo New York. The project consists of an addition to an existing commercial building. The addition is a single story warehouse and totals 20,225 Square Feet. The building is pre- engineered and abuts the southerly and easterly sidewalls of the existing brick and metal paneled building and will be located on a presently asphalt area, Landscaping will be added to the front property line to enhance the appearance of the property. The total project cost is 641,000 dollars and is privately funded through Bank of America. It is expected to be complete in four months of the approval. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new warehouse will allow Time Release Service to remain a productive and successful Buffalo area business as well as stabilize the employment for their workers. will complete the renovation of a block that has been ongoing for many years including the building that has been vacant for over five years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grungweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 — (716) 851 -5085. Dated May,,,,10,,,2011 CC: City Cleric City of Buffalo Economic Development, Permits and Inspections City of Buffalo Public Works, Parks & Streets Kulbacks Construction b 00 SEQRA Notice of Determination Nan significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title UB Health Information Center Location: 911 Main Street Type of Action: Unlisted - Uncoordinated Description. Carmine Wood Morris on behalf of UB Health Information Center Is proposing the installatton of mechanicals and other site improvements to the property located at 911 Main Street Buffalo New York. The project will include minor lighting upgrades to the Main street fagade and the installation of four condensers, one transformer, one cooling tower and three generators all of which will be tucked behind the existing building and screened with a board on board fence. The required work is necessary to receive a certificate of occupancy that needs to be received for tenant scheduled to move into the building sometime in June 2011 The project is privately funded with an approximate cost of 100,000 dollars. .As a result of this Environmental Revisw, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will assist UB Health Information Center to establish their offices in the Medical District providing a public service to the residents of the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- 716 851 -5095 Dated: May 1�O1t 1 CC: City Clerk City ofBuffaio Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection RECEIVED AND FI SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -- State Environmental Quality Review) of the Environmental Conservation Law. !bead Agency: City of Buffalo Planning Board Room 801, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEOR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mager Lofts Project Location: 141 Elm Street. AKA 456 Michigan Avenue 'type of Action: Type 1, Coordinated Description: Greenleaf Development & Construction, LLC is proposing the rehabilitation of a former warehouse / restaurant located at 141 Elm Street (AKA 456 Michigan Avenue, Buffalo New York, The rehabilitation will take place in a former industrial building located in a commercial zone that will be converted to a residential complex (up to 38 units) with limited ground level commercial space (2757 SF). The original use of the property was a fine woodwork factory (sanding mill) that manufactured millwork for some of Buffalos historic architecture. The primary far„ada of the building located on Elm Street will be restored with new windows throughout and a new glazing system and entrance at ground level. The residential units (one bedroom, one bedroom and study and two bedroom units) will be loft like units with exposed brick and wood structure interiors. Throughout the building wood trim and building artifacts will reflect on the buildings original use. To comply with building code requirements for fresh air and natural light, new window openings will be out in to the exterior brick walls (approximately 30), Those openings will maintain masonry details of existing openings and in some cases include wood panels that reflect the buildings original use, The existing asphalt of the site will be removed and repaved with landscaping and parking for 40 cars. The total site area is 41672 SF with a maximum building height of 45 feet. 4349 SF of the site will be landscaped. There will be 40 onsite car spaces with eight located at another site near by. The existing building footprint is 15368 SF with 219 SF of new construction with a total project footprint of 15,577 Sr. The total residential space will be 45946 SF and commercial space will be 2757 SF. The level one area Will have 11 total units (7 one bedroom, 3 one bedroom with study and 1 two bedroom) Level two will have 14 total units (6 one bedroom, 4 one bedroom with study, 4 two bedroom units. Level three will have 11 units (7 one bedroom, 3 one bedroom with study and 1 two bedroom unit) Construction is expected to begin in 2011 with funding coming from private sources, assistance from the Erie County Industdal Development Corporation and it is anticipated that tax credits will be available. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Detenmination: The facts and reasons for this decision are as follows: the project will take a long vacant building in the heart of downtown buffalo and convert it to a positive use that will create housing opportunities and jobs especially during the rehabilitation of the property. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated May 10. 2011 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Greenleaf Development Company LLC ECIDA Environmental Notice Bulletin 4 � FI City Clerk's Department BUFFALO May 20, 2011 fSPEO]WER112VEW10. Ff�� Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. I PASSED May 17, 2011 Strat Plan- Recommendation- Appraisal Review Bd Meeting- 40 Days Park Gerald A Chwalinski City Clerk MAY 3 1 2011 # 2 (Rev. 1193) MULTIPLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: COMMON COUNCIL: DATE: May 11, 2011 . FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Recommendation — Appraisal Review Board Meeting m- May 2, 2011 — 40 Days Park, Former School No. 36 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Item #88, C.C.P. October 19, 2010 TEXT: (TYPE SINGLE SPACE BELOW) In the above referenced item Your Honorable Body authorized the City of Buffalo to commission an independent real estate appraisal for the property located at 40 Days Park, former Public School #36 and to notify interested parties of the opportunity to commission their own real estate appraisal to be considered. On February 2, 2011 the City engaged Mr. John Zukowski, MAI, of Emminger, Newton, Pigeon & Magyar Appraisal Firm to conduct an "As Is" Market Value of subject property. On March 3, 2011 the City of Buffalo received a completed self contained appraisal report from Mr. Zukowski, which is attached hereto for your reference and review. On March 24, 2011, the City, through its Office of Strategic Planning sent notices to three parties that had expressed an interest in acquiring the subject property, and notified the parties of the City of Buffalo's receipt of the Emminger Appraisal report, Interested parties were notified that the Emminger report would be reviewed by the City of Buffalo Appraisal Review Board on March 30, 2011, unless any interested party wished to retain its own appraiser, in which case the matter would be tabled to allow sufficient time for any interested party to commission their own appraisal by an appraiser contained on the City's list of appraisers and submitted. to the Appraisal Review Board for Review. Interested parties were advised to notify the City by March 29, 2011 of their intent to commission their own appraiser. FORM #2 — Page #2 TEXT CONTINUATION May 11, 2019 RE: Recommendation of Appraisal Review Board — 40 Days Park At the March 30, 2011 meeting of the City of Buffalo Appraisal Review Board, the Board was advised by Mr. Timothy Greenan, Attorney and Vice President of Savarino Companies, that Savarino Companies was in the process of obtaining their own appraisal, and agreed to forward their report to the Appraisal Board by April 25, 2011, in time for the Board to review the report, and prior to the next Appraisal Review Board meeting scheduled for May 2, 2011. On April 27, 2011 Mr. Timothy Greenan was notified by John Hannon, Director of Real Estate that the Appraisal Report ordered by Savarino Companies had not been received by the due date. Mr. Greenan advised John Hannon that he would get back to him. On April 28, Mr. Hannon, after conferring with Board Members, advised Mr. Greenan by telephone message that time for submission of their appraisal report would be extended to the close of business on Friday, April 29. No Appraisal Report was received by the close of business on April 29, 2011. On May 2, 2011, the Appraisal Review Board met to review the Appraisal Report that the City commissioned from Mr. John Zukowski. In attendance were Board members Joseph Sole, David Shank and ex- officio members City of Buffalo Acting Corporation Counsel David Rodriguez, Common Councilmember Michael Kearns and City of Buffalo Director of Real Estate John Hannon. Also it attendance from the General Public were attorneys representing Elmwood Village Charter School and Savarino Companies. After receiving comments from the attorneys from Elmwood Charter School and Savarino Companies, the Appraisal Review Board reviewed the appraisal report for 40 Days Park which considered two approaches to value- the Market Data Approach and the Income Capitalization Approach. In the Market Data Approach, the appraiser estimated the value of the subject property to be to be Five Hundred Forty Thousand Dollars, ($540,000). The value indicated by the Income Capitalization Approach by the appraiser was Five Hundred Sixty Thousand Dollars, ($560,000). The Appraiser, after weighing all the evidence and indications of value, has estimated the "As Is" Fair Market Value, in Fee Simple, of 40 Days Park to be FIVE HUNDRED FIFTY THOUSAND DOLLARS, ($550,000). After due deliberation, the Appraisal Review Board determined that the appraisal meets the standards and format requirements of the Board, and FIVE HUNDRED THOUSAND FIFTY DOLLARS, ($550,000). FORM #2 — Page #3 TEXT CONTINUATION May 11, 2011 RE: Recommendation of Appraisal Review Board — 40 Days Park Pursuant to §27 -5 of the City Charter, the Appraisal Review Board hereby recommends that the value of the City's interest in the property located at 40 Days bark is $550,000 and that the Council approved said value as the City's interest in the premises appraised, and the amount of compensation to paid for the release and conveyance of said property. DEPARTMENT HEAD NAME: John Hannon TYPE TITLE: Director of Real Estate f SIGNATURE OF DEPARTMENT HEAD: NO 88 BY: DR. CURTIS HAYNES, JR. SALE OF FORMER PUBLIC SCHOOL 36 BY APPRAISAL WHEREAS: This Honorable Body, by Resolution dated March 16, 2010, approved the sale of former School #36 to Elmwood Village Charter School ( "EVCS ") for $640,000.00 based on the Report and Recommendation of the Appraisal Review Board CARIB ") dated March 0, 2010; and WHEREAS: On July 7, 2010, the Honorable Patrick H, NeMoyer, J.S,C, issued a Decision and Order setting aside the Report received by this Honorable Body and its action thereon, based upon, among other things, an alleged.fallute by the Appraisal Review. Board to consider all of the appraisals before it, having arbitrarily set the value of the property at $540,000 and the existence of an unconditional offer to purchase the property submitted by Samuel J. Savarino for use of the property by West Buffalo Charter School ( "WBCS ") for $800,000; and WHEREAS: The $800,000 unconditional purchase offer from Samuel J. Savarino for use by WBCS has not been withdrawn; and WHEREAS: EVCS has been in operation for 4 yrs, during which time the school has continually proven to be a good neighbor and tremendous asset to the community. They have an established track record of student academic success and currently have a waiting list for new students. EVCS has been seeking to purchase the former Public School Number 36 for $540,000 for the expansion of its Charter and has been working with the Days Park Block Club Association and others to ensure community support for their plans; and 3 WHEREAS: EVCS has stated that the acquisition of the building is critical to its expansion; and WHEREAS: WBCS is a newly approved Charter School that has partnered with Buffalo Hearing and Speech, D'Youville College, and the Buffalo Philharmonic Orchestra among others. They have the potential to serve hundreds of underserved Buffalo School children, however as a new school, they have not yet had the opportunity to establish an academic track record or prove whether or not they will be a good neighbor in the community; and WHEREAS: WBCS has asserted that former Public School Number 36 is the only building available of appropriate size and accommodation that would allow them to operate and that they will lose their Charter if they are unable to identify the building as their location before December 1, 2010; and i WHEREAS: Both EVCS and WBCS, as potential purchasers, are proposing to use the property for Charter School purposes which would be a benefit to the community and the taxpayers; and WHE=REAS: The process for selling the property needs to be fair and transparent to both schools in a way that ensures that the building is sold and occupied as a school as soon as possible; and WHEREAS: The Court's July 7, 2010 Decision and Order rendered this Body's March 16, 2010 Resolution to sell the property for 1 $540;€100 null and void, therefore now enabling this Honorable Bcdyto determine the appropriate City Charter prescribed method of sale; and WHEREAS: Any prior applications for appraisals are deemed null and void by virtue of the Court's July 7, 2010 Decision and Order; and WHEREAS: The Court's decision specifically noted a failure of the City to follow correct procedures per section 27 -5 of the Charter, including the Council failing to determine a fair appraisal by retaining an appraiser from a list of appraisers established by the ARB; and WHEREAS: The Court identified several incidents of unfairness and bias in the manner of the City's handling of the sale of this properly; and WHEREAS: The Court further noted a failure of the ARB to review submitted appraisals in full and to inform the Council of the results of the appraisals and its recommendation; and WHEREAS: With the Court having concluded that there has been several procedural failures and arbitrary and unlawful behavior, it is highly unlikely that, given past legal precedent, the City of Buffalo would be successful on appeal of this decision; and WHEREAS- The Court's decision also noted that it would not necessarily be arbitrary or unlawful for the City to reject an offer of a higher purchase price from one prospective buyer in favor of a monetarily lower but socially more beneficial offer from a different purchaser; and WHEREAS: The property is unique In both its location in a local and national historic district, Allentown, and on a park designed by Frederick Law Olmsted and unique because of the decades long stewardship of the residents for the landscape and surrounding community; and WIJEREAS: There remain serious community concerns about this site becoming rental property and there is a long- standing community relationship with EVCS; and WHEREAS: To sell this property by auction would be unfair to EVCS and to pursue an appeal of the CourVa decision would be unfair to WBCS since it would deny them the opportunity to house their school in a timely manner and risk their charter; and WHEREAS: It is important to ensure the readiness of this property for use as a school, and to avoid a delay of another year before there is tenancy; and WHEREAS: it is the responsibility of the Council to act on this shatter in a timely fashion that complies with the City Charter, and only by a new and fair process and appraisal can this matter be decided. NOW THEREFORE IiE IT RESOLVED: That this Honorable Body hereby provides that the property owned by the City commonly known as 40 Days Park and former Buffalo Public School #36 be independently appraised as soon as possible by a properly chosen appraiser on the ARS list; and BE IT FURTHER RESOLVED: That both interested parties be notified of the Opportunity for them to provide new appraisals for consideration; and BE IT FURTHER RESOLVED: That the property be sold in an "as is" condition subject to the conditions that: 1. it be used as a school for the next fifty years with the City of Buffalo retaining a reverter (or reversionary interest) in said property should it discontinue being used as an active school for a period of more than six consecutive months during said fifty year time period measured from the Time of closing; and 2. The purchaser of the property must at closing release the City (and the City School District) from all environmental liability and must indemnify the City (and the City School District) from all environmental liability related to the property; and BE IT FINALLY RESOLVED: That said conveyance can only be further initiated by a two- thirds vote of the Council pursuant to §274 of the City Charter and would be subject to the additional requisite approvals contemplated by the provisions of said City Charter as well as by approval of the Buffalo f=iscal Stability Authority. PASSED AYES - 8 NOES - 0 C ,C- P. l ohllz) f l DOCUMENT ROUTING FORM FROM: Join P. Hannon, Jr. DATE: May 11, 2011 Director of Real Estate, DSP TO: Peter Savage, Re: Council Communication Deputy Corporation Counsel Recommendation of the Appraisal Review Board Meeting of May 2, 2011 40 Days Park — Former School No. 36 Blank DATE RECEIVED: INITIALS: Blank DATE RECEIVED: INITIALS: Blank DATE RECEIVED: INITIALS: Blank DATE RECEIVED: INITIALS: — ❑ For Your Information ❑ For Your Review & Comment ® For Your Approval ❑ For Your Signature ❑ For Your Consideration ❑ For Your Immediate Action ❑ Per Your Request ❑ Please Handle ❑ Please Advise ❑ Please Update Your Calendar ❑ Please Reply ❑ Please Read & Deploy ❑ Please Note & Return ❑ Please Supply More Details �❑ Please Discuss With Me ® Reply for Signature of Mayor ❑ No Reply Needed ❑ Per Our Conversation ❑ Recommendation ❑ Please Circulate w 1 Ire• EXECUTIVE SUMMARY May 11, 2011 'C: Steven M. Casey, First Deputy Mayor FROM: John P. Hannon, Secretary of the Appraisal Review Board Assigned Due Prior to 2:00 s RE: 40 Days Park --- Former School No. 36 — Recommendation by Appraisal Review Board 1. Proposal: Report of the Appraisal Review Board — May 2, 2011 2. Background Information: Common Council authorized City to obtain appraisal for 40 Days Park former School No. 36 Analysis of Options * Administrative /Management Issues ® Financial /Funding Issues and Sources 3. Critical Milestones: Board is rewired to file its recommendation with the Common within ten days. 6. Description of any Attachments: Common Council Communication — Recommendation of the Appraisal Review Board, Item #88, C.C.P. 10119110 and copy of the Appraisal Report. APPROVED: /- // John P. Hann® , Jr., ®ire for of Real Estate Date W,W i, :. SELF - CONTAINED FORMAT REAL, ESTATE APPRAISAL OF: 40 Days Park Buffalo, New York ENPM File #2011035 CLIENT: City of Buffalo Office of Strategic Planning 65 Niagara Square, Room 907 Buffalo, New York 14202 -3325 APPRAISER: EMi IVIINGER, NEWTON, PIGEON &. MAGYAR, INC. 950-A Union Road, Suite 213 Buffalo, New York 14224 Christopher J. D'Andrea Appraiser NYS Certified General Appraiser #46 -10759 John Zu owski, MAI, SRA, IAO Principal .Appraiser NYS Certified General Appraiser #46 -2951 DATE OF VALUATION: February 14, 201.1 TYPE OF PROPERTY: School This report is for the exclusive use of City of Buffalo, their affiliates, designates and assignees, and no other party shall have any right to rely on any service provided by Emminger, Newton, Pigeon & Magyar, Inc. ,without prior written consent. MIN E R. N EWTON., PIG EON & MA INC. �p R EAL ESTATE APPRAISERS AND C ONSULTANTS March 1, 2011 Mr. John P Fannon, Jr. City of Buffalo Office of Strategic Planning 65 Niagara Square, Room 907 Buffalo, New York 142023325 Re: Real Estate Appraisal- Self-Contained Format 40 Days Park Buffalo, New York ENPM .File #2011058 Dear Mr. Hannon: In accordance with the terms of our assignment, a representative of Emminger, Newton, Pigeon & Magyar, Inc. inspected the above - captioned properties on February 14, 2011 for the purpose of providing an opinion of "As Is" Market Value in Fee Simple Estate. This letter of transmittal is not a complete appraisal report. The following appraisal report consisting of 94 pages (excluding Addendum) represents our analysis. The Fee Simple value opinion is reported in a self-contained appraisal format. The value reported is qualified by certain definitions, assumptions, limiting conditions and certifications which are set forth within the attached report. The opinions of highest and best use and specified values are based upon the assumptions and limiting conditions. It is essential that the user of this appraisal read carefully and fully understand these assumptions and conditions. The conclusions contained in this report represent the opinions of the appraisers. The opinions are valid only as of the specified date of value. All properties and markets are unique and subject to change. There can be no assurance that the appraised value will remain the same, although judgments of the perceived probability are often necessary in the valuation process. The opinion of value expressed within this report is not contingent on the reporting of a predetermined value, a direction of value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the value opinion. In the course of the preparation of this analysis, we have found it necessary to make certain uniform and standardized economic. forecasts, these based on the present and past marketing conditions. The appraisers have no control over future legislative or economic changes which may affect the present estimated valuation of this property. Past events have been used to predict the present and future trends. To the best of our knowledge, the facts and data contained herein are true and correct. We have no interest in the property, present or contemplated, and neither our employment nor the fee therefrom are contingent upon the values reported. No responsibility has been assumed for matters which are legal in nature, nor has any opinion of title been rendered. Liens if any, have been disregarded and the property is appraised as though free of indebtedness. 950 -A UNION ROAD, SUITE 213, B UFFALo, NEW Y ORK 14224 -- P H: 716.674.3360/F: 716.674.4052 WEBSITE ; t _. 1 z,1 __4:_fs.F E -MAIL: Mr. John P. Hannon, Jr March 1, 2011 Page 2 The conclusions, recommendations, opinions and projections are based on prevailing conditions at the time of the conclusion of our analysis. The existence of potentially hazardous material, which may or may not be present on the property, was not observed by the appraisers. The appraisers have no knowledge of the.presence of such materials on or in the property. The appraiser, however, are not qualified to detect substances such as urea formaldehyde foam insulation, asbestos, lead -based paint, and /or existence of toxic waste, radon gas, or other potentially hazardous materials. The presence of such substances may affect the value of the property. The value estimates are predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover there. We urge the client to retain an expert in this field if desired. The subject property consists of a one and two story masonry school building totaling approximately 36,000fsf. The improvements are situated on a 1.48± acre site located on the northeastern corner of Days Park and Cottage Street in the City of Buffalo, County of Erie, and State of New York. The property was vacant at the time of inspection and formerly used as Buffalo Public School #36. Based on the inspection of the property and considering all of the indications of value shown in this report and weighing the reliability of each, our opinion of the subjects Market Value, as of February 14, 2011, in Fee Simple Estate is: FIVE HUNDRED FIFTY THOUSAND DOLLARS Exposure time for the subject properties is estimated to be between 9 to 12 months. The narrative report that follows sets forth the identification of the property, the assumptions and limiting conditions, pertinent facts about the area and the subject property, comparable data, the results of the investigation and analysis and the reasoning leading to the conclusions set forth. This report is for the exclusive use of City of Buffalo, their affiliates, designates and assignees, for the purpose intended as outlined within the report and no other party shall have any right to rely on any service provided by Emminger, Newton, Pigeon & Magyar, Inc. without prior written consent. Respectfully submitted, EMMINGER, NEWTON, PIGEON & MAGYAR, INC. Christopher J. &Andrea John Zukowski, MAI, SRA, IA0 Appraiser Appraiser NYS Certified General NYS Certified General Appraiser #4610759 Appraiser #46 -2951 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report has been made with the following, general, underlying assumptions: The legal description used is correct. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The Plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 3. No responsibility for matters of legal or title consideration. 4. The information furnished by others is true, correct and reliable. However, the appraisers assume no responsibility for its accuracy. 5. All mortgages, liens, encumbrances, leases and servitude have been disregarded unless so specified within the report. The property is appraised as though under responsible ownership and competent management. 6. That there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering that may be required to discover their. 7. Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined, and considered in the appraisal report. 8. The signatories shall not be required to give testimony or attend court or any government bearing with reference to the said property unless prior arrangements have been made with the client. 9. The values assigned to the land and improvements are their values in relation to each other and should not be used separately. 10. Pull compliance with all applicable zoning and use regulations and restrictions is assumed, unless a non -confonnity has been stated, defined and considered in the report. 11. All required licenses, certificate of occupancy, consents or other legislative or administrative authority from any local, state or national governmental, or private entity or organization, have been, or can be obtained or renewed for any use on which the value estimate, contained in this report, is based. 12. The utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass unless noted within the report. ASSUMPTIONS AND LIMITING CONDITI ®NS (continued) 13. Possession of this report, or a copy thereof, does not cant' with it the right of publication. Neither the appraisers nor the company or material submitted shall be reproduced or included in any prospectus or used in offering or representations in connection with the sale of real estate, securities or participation interest to the public. 14. Neither all nor any part of the contents of this report shall be conveyed to anyperson or entity, other than the appraiser's or firm's client, through advertising, solicitation materials, public relations, news, sales, or other media without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the appraisers or firm with which the appraisers are connected, or any reference to The Appraisal Institute or National Association of Realtors Appraisal Section. Further, the appraisers or firm assumes no obligation, liability, or accountability to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions and limiting conditions of the assignment. 15. That no opinion is expressed as to the value of sub- surface oil, gas, or mineral rights, and that the property is not subject to surface entry for the exploration or removal of such materials, except as is expressly stated. 16. The Americans with Disabilities Act (ADA) became effective January 26,1992. We have not made a specific survey or analysis of this property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. Since compliance matches each owner's financial ability with the cost to cure the property's potential physical characteristics, the real estate appraisers cannot comment on compliance to ADA. A brief summary of physical aspects is included in this report. It in no way suggests ADA compliance by the current owner. Specific study of both the owner's financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. 17. It is assumed that there are no structural defects hidden by floor or wall coverings or any other hidden or unapparent conditions of the property; that all mechanical equipment and fixtures are in good working condition; that all electrical components and the roofing are in serviceable condition. 18. The appraisal was prepared for the function so stated and should not be used for any other reason. 19. This report is for the exclusive use of City of Buffalo, their affiliates, designates and assignees, rating agencies, prospective bondholders and bondholders, and no other party shall have any right to rely on any service provided by mininger, Newton, Pigeon & Magyar, Inc. without prior written consent. CERTIFICATION OF VALUE We, the undersigned, do hereby certify Christopher J. D'Andrea and John Zukowski, MAI, SRA, TAO have personally inspected the subject property on February 14, 2011. The property is located at 40 Days Park, Buffalo, New York. We have no present or prospective interest in the property that is the subject of this report and we have no personal interest or bias with respect to the parties involved. We hereby certify that all comparable sales and comparable rents have been verified and inspected to the extent indicated. We hereby certify that the staterments of fact contained in the report are true and correct to the best of the appraisers' knowledge. We hereby certify that the analysis, opinions and conclusions in the report are limited only by the assumptions and limiting conditions set forth, and are the personal, unbiased, professional analyses, opinions and conclusions of the appraisers. Our compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in, or the use of, this report. The appraisal report has been made in conformity with, and is subject to, the requirements of Uniform Standards of Professional Appraisal Practice and the Code of Ethics and Standards of Professional Practice of the Appraisal Institute and the National Association of Realtors Appraisal Section. The use of this report is subject to the professional requirements of the Appraisal Institute regarding review by its duly authorized representatives. No one other than the undersigned prepared and provided significant professional assistance in preparing this report. The compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. Christopher J. D °Andrea and John Zukowski, MAI, SRA, IAO are competent to undertake the appraisal assignment that is the subject of this report based on their achievement of voluntary certification as General Real Estate Appraisers within the State of New York, previous experience in valuing similar properties, attendance at seminars and courses relating to the specific subject matter or related matters and also based upon personal study and readings relative to the subject property type. We have not been involved in an assignment involving the subject property in the past three (3) years. CERTIFICATION OF VALUE (continued) Based on the inspection of the properties and considering all of the indications of value shown in this report and weighing the reliability of each, our opinions of the subjects Market Value, as of February 14, 2011, in Fee Simple Estate is: FIVE HUNDRED FIFTH.' THOUSAND DOLLARS $550,000 Exposure time for the subject properties is estimated. to be behycen 9 to 12 months. This is based on information from sales of similar properties in the area and discussions with brokers familiar with this sub - market in Westem New York. EMMINGER, NEWTON, PIGEON & MAGYAR, INC. Christopher J. Andrea John Zukowski, MAT, SRA,1AO Appraiser Review Appraiser NYS Certified General NYS Certified General Appraiser #46- 10759 Appraiser ##46P2951 TABLE OF CONTENTS IDENTIFICATION OF THE SUBJECT PROPERTY .............................................................. ..............................I SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS .............................................. ..............................2 USEAND FUNCTION OF THE APPRAISAL .......................................................................... .............................. PROPERTYINTEREST APPRAISED ...................................................................................... .............................. OWNERSHIPAND OCCUPANCY ...................... I ............................. ........................................ ..............................4 RECENT SALES HISTORY OF THE PROPERTY ................................................................. .............................. EXPOSURETIME ........................................................................................................................ .............................. AREADATA BUFFALO, NEW YORK ..................................................................................... .............................. MARKET ANALYSIS ........................... . ................................... .. .......... ... .............. ... ................................ ... ............ 15 19 ZONING ................................. I .......................................... I ... I .......................... I .... 11 ................................. I ................ UTILITIES .................................................................................................................................... ............................. TAXAND ASSESSMENT ANALYSIS ...................................................................................... .............................19 DESCRIPTIONOF THE REAL ESTATE: ............................................................................................................ 21 APPRAISALPROCESS .............................................................................................................. ............................. SALES COMPARISON APPROACH- IMPROVED ................................................................ .............................33 INCOMECAPITALIZATION APPROACH ............................................................................ ............................. RECONCILIATION AND FINAL VALUE OPINION ............................................................ .............................69 PART INTRODUCTION SUBJECT PROPERTY PHQT GRAPH IDENTIFICATION OF THE SUBJECT PROPERTY The subject property is located on the northeasterly corner of Days Park and Cottage Street in the City of Buffalo, County of Erie, and State of New York. The property is addressed as 40 Days Park, Buffalo, New York 14201, and further identified as S.B.L. #99:84 -6 -10_ The subject property is owned by the City of Buffalo. 40 Days Park, Buffalo, New York Front View of 40 Days Park Photograph Taken on February 14, 2011 by John Zukowski, MAI, SRA, IAO SUMMARY OF IMPOR FACTS AND CONCLUSIONS Property Address: 40 Days Park Buffalo, New York 14201 S.B.L. ##: 99.84 -6 -10 Reputed Owners /Address: Interest Being Appraised: Land Area: Utilities Available: Building Improvements: Building Area: Zoning: Current Assessment: Real Estate `faxes: Actual Age: Effective Age: Highest and Best Use As Vacant: Highest and Best Use As Improved: Bate of Property Inspection/ Valuation: Flood hazard Community Panel No.: Flood hazard: Market Value Opinions: Cost Approach: Sales Comparison Approach Income Approach: Final Opinion of "Market Value: City of Buffalo 65 Niagara Square Buffalo, New York 14202 -3325 Fee Simple Estate 1.48± acres All public utilities are available to the sites School Approximately 36,000± sf "R-3"; Dwelling District $891,600 Tax Exempt 54± years, Built in 1957± 30± years Residential Development School Use February 14, 2011 360230/15C, dated 8/23/99 No, Zone X NIA $540,000 $560,000 $550,000 Exposure time for the subject properties is estimated to be between 9 to 12 months. 2 40 Days Park, Buffalo, New York USE AND FUNCTION OF THE APPRAISAL The use and function of this appraisal is to undertake the investigations and analyses required to reach a supportable opinion of the "As Is" market value for the subject property. The function of this report is to provide information to the City of Buffalo for potential sales purposes. SCOPE OF THE APPRAIS 9.L/DESCRIPTION OF THE PROCESS The scope of the appraisal is to provide an opinion of "As Is" Market Value in Fee Simple Estate as of February 14, 2011, the date of inspection for the subject property. This report is intended to encompass the investigations, research and analysis to prepare the report in accordance with the stated purpose and the function of the report. The Standards of Professional Practice of the Appraisal Institute as well as the Uniform Standards of Professional Appraisal Practice (USPAP) as formulated by the Appraisal Foundation are adhered to in this report. This report concerns itself with the analysis of the general and specific data regarding similar properties within the Buffalo MSA. The economic supply and demand factors, together with a review of competing properties within the market area, will be analyzed and a forecast relating to the future viability of the subject property will be made. All three approaches to value will be considered to support final opinions of market value in Fee Simple Estate for the each property identified in this report. The appraisal problem is to gather current and pertinent market data to support the opinion of value derived under the above approaches, the methodology for which is described in the Appraisal Process section of this report. In regard to the subject property, this involved the following steps: 1 } The property was inspected on February 14, 2011 and photographs were taken. Certain general information on the property was obtained from the City of Buffalo. 2) County and municipal data were taken frorn the previously compiled database of Erma flinger, Newton, Pigeon & Magyar, Inc. Additional market information was furnished by various brokers and real estate professionals. Market area data was based upon the inspection and survey of the subject's primary market area. 3) A building sketch for the property was provided. Other data was obtained and verified through the City of Buffalo Building Inspector and Assessor's offices. 4) In estimating the highest and best use of the subject, an analysis is made of data compiled in the three steps noted above. In addition, a survey of the market area for schools has been performed to help determine the continued economic feasibility of the subject property. 5) In developing the approaches to value, the market data used is collected from files of Ernminger, Newton, Pigeon & Magyar, Inc., assessor's records, Multiple Listing Services, other appraisers, Realtors, or other persons knowledgeable of the subject property marketplace, and other municipal offices. 40 Days Park, Buffalo, New York SCOPE OF THE APPRAISALMESCRIPTION OF TIDE PROCESS (continued) 6) After assembling and analyzing the data defined in this scope of the appraisal, a final opinions of "As Is" market value are made. 7) No important fact affecting value gathered in the process of collecting, confirming and analyzing data defined in the appraisal report has been knowingly withheld. PROPERTY INTEREST APPRAISED The value opinion herein reflect the Fee Simple Estate of the subject property. OWNERSHIP AND OCCUPANCY The subject property is owned by the City of Buffalo. The property was vacant at the time of inspection and formerly used as Buffalo Public School #36. The property has been vacant since Spring of 2010. RECENT SALES HISTORY OF THE PROPERTY There have been no transfers of the property within the past five years. The appraisers are aware of two (2) interested parties looking to purchase the subject property for continued use as a school. These parties include the Elmwood Village Charter School (EVCS) and Savarino Development Corporation (SDC). These parties presented offers to the City of Buffalo based on appraisals prepared by GAR Associates Inc. (GAR) and Klauk, Lloyd & Wilhelm, Inc. (KLW). The GAR report was prepared for EVCS and indicated a final value of $310,000. The KLW report was prepared for SDC and indicated a value of $725,000. Additionally the appraisers received a letter dated February uary 15, 2011 from SDC indicating they presented an offer to the City of Buffalo for the higher of $800,000 or appraised value. The letter indicated SDC plans to renovate the building and lease it to the West Buffalo Charter School. The appraisers are aware that EVCS is a tenant of SDC in a building at I24 Elmwood Avenue in the Allentown neighborhood of Buffalo that is utilized as a charter school. It is the appraisers opinion there are other considerations involved with these offers that would generally fall outside the definition of Market Value as indicated in this report. Additionally, since both prospective building occupants are funded by public money, this appraisal does not consider these offers. 40 Days Park, Buffalo, New York DEFINITIONS AND SIGNIFICANT TERMS MARKET VALUE n the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of the sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated. 8 both parties are well informed or well advised and each acting in what they consider their own best interest. a reasonable time is allowed for exposure in the open market. > payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable > the price represents a normal consideration for the property sold unaffected by special financing amounts and/or teens, services, fees, costs, or credits incurred in the transaction.' CAPITALIZATION RATE - a rate of return used to derive the capital value of an income stream:. OPERATING EXPENSES e periodic expenditures that are necessary to maintain the real property and continue the production of the effective gross income. FEE SIMPLE — an absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate. STABILIZED OCCUPANCY OR INCOME 4 is defined as occupancy or income at that point in time when abnormalities in supply and demand or any additional transitory conditions cease to exist and the existing conditions are those expected to continue over the economic life of the property. The concept of value at stabilization is based on stabilized occupancy or income -- i.e., occupancy or income without significant fluctuations. EXPOSURE TIME Exposure time is defined as "tire estimated length of time the property interest being appraised would have been offered on the market, prior to the hypothetical consummation of a sale at market value, on the effective date of the appraisal. " Exposure time is always presumed to occur prior to the effective date of the appraisal. Marketing time for similar properties has ranged from 9 to 12 months in general, over the past five years. It is important to note that the exposure time for a property measured the length of tirne that a property is required to be marketed, at its estimated market value. Given current market conditions, the subject property is estimated to require an exposure time of 9 to 12 months to affect a sale at the opinions of market value derived in this report. ' Federnt Register, vol. 55,110. 163, August 22, 1990, pages 34228 and 34229; also quoted in the introduction to tine Standards of Professional Appraisal Practice of the Appraisal Institute. 2 The Dietionary of Real Estate Appraisal, Fourth Edition e 40 Days Park, Buffalo, New York PART II FACTUAL DESCRIPTIONS 40 bays Park, Buffalo, New York AREA DATA BUFFALO, NEW YORK Overview: The City of Buffalo is located in the western part of New York State, bordering on Lake Erie and the Niagara River. Its origin dates back to 1758. It was incorporated as the Village of Buffalo in 1816. With the opening of the Eric Canal in 1825, Buffalo's growth as a great center of commerce began. The pioneer waterway reduced the cost of freight transportation from the Hudson. River to Buffalo from $100 to $10 a ton, and the Village became the transfer point of immigration and commerce in the movement to the west. Buffalo was chartered as a city in 1832, when its population was around 10,000. Buffalo has an area of 42 square miles. The topography is level with a gradual slope to Lake Erie and the Niagara River. The layout and general plan of the City of Buffalo is in the pattern of a grid; in addition, the principal traffic or radial routes begin in the downtown area and fan out in different directions, similar to the spokes of a wheel. Located at the junction of Lake Erie and the Niagara River, the west side is, of course, bounded by the lake and river. The direction of growth is to the north, east and south. There is little vacant residential land remaining in the City with resultant heavy demand in the suburbs. Even adjoining towns, such as Tonawanda, have little land left for development. Among the leading industries in the Buffalo area are the auto industry, chemicals, machinery, food, paper and paper products, stone, clay and glass products, flour, feed and grain milling, rubber and non - ferrous metal products, clothing, plastics, electric and gasoline motors, furniture, drugs, and petroleum products. It is the third busiest railroad corridor in the United States and ranks seventh among the inland water ports in the United States. The St. Lawrence Seaway, which was completed in 1959 to allow ocean going vessels into the Great Lakes, has had a severe detrimental impact on the city's port traffic. Traditionally, the City of Buffalo has been thought of as industrial in nature, pail of the "Rust Belt ". However, there has been a trend to a more service - oriented economy, coupled with an attempt to attract high-tech industries, particularly information technology (IT) firms. Buffalo is gaining recognition as a major growth center for IT firms, as evidenced by Forbes Magazine ranking Buffalo in its Top 30 as an IT harm growth region. In the past 30 years, there has been government - sponsored redevelopment of the downtown area. Major projects included the Light Rail Rapid Transit System, which extends from Downtown Buffalo to the State University Campus at Main and Bailey, the Main Street Pedestrian Mall (Buffalo Place) beginning at the foot of Main Street and continuing north through the Theater District, Coca -Cola Park (formerly Pilot Field) and the HSBC Arena, a joint public /private sector project. Major construction and renovation projects in the Downtown CBD the past decade include a new federal (FBI) office building on Delaware Avenue, a new county courthouse, 450,000±SF Health Now office building, 130 South Elmwood, Hauptman- Woodward Building (Roswell Park), conversion of the old Federal Reserve Building into the new headquarters of New Era Cap and the renovation of the former Niagara Mohawk building and Federal Building. Currently, numerous buildings in the CBD are being converted to apartment use. The former Jackson Building has been redeveloped into a Hampton Inn Hotel. A number of structures have been renovated and developed in the Theater District including Theater Place and the Market Arcade. A new Federal Courthouse is being built at Niagara Square. The Statler Building, which had platys for renovation and conversion has recently been placed into foreclosure and mothballed. 40 Days Park, Buffalo, New York AREA DATA BUFFALO NEW YORK (continued) overview (continued) The city's Inner Harbor /Downtown Waterfront Redevelopment Project appears ready to come to fruition after 10 years of planning from 1989 -1999. The initial phase of this project will be the development of the $27.1 million Inner Harbor Project, which broke ground in the fal1,1999. This project includes the creation of esplanades, slips and plazas, designed for increased public waterfront access at the foot of Main Street. This project will include a new Naval and Military Museum (complete as of 2007) and intermodal transportation, linking the adjacent Light Rail Rapid Transit system to pedestrian, bicycle, vehicular and water -borne transportation facilities. The initial $27.1 million phase was completed in 2007. This included the museum at the historical Erie Canal Terminus Project. The Project is ongoing and will take several decades to complete. An estimated $285 million in public - private development money is anticipated to be spurred by this project. The next phase of the development w. ill be the construction of the multi -story parking ramp to service the new retail and tourist development to occur on the waterfront. To the west of Main Street is the Waterfront project area where projects include Class A office space as well as residential townhouses and condominium units. Construction was completed on the HSBC Arena project in 1996. This is a multi- purpose arena, which is the home of the Buffalo Sabres professional hockey team and Buffalo Bandits Lacrosse team. To the east is the development of the Elin -Oak Light Industrial/ Research Corridor, which has been stagnant over the past few years. A new Seneca. Nation gaining casino is being built just south of HSBC Arena, The Seneca's are currently operating a temporary 10,000± sf casino. The $333 million destination casino is currently on hold due to the economic conditions. Structural steel is partially in place. A major catalyst of development is the Buffalo Niagara Medical Campus (BNMC). The BNMC is a 72± acre campus located just north of the downtown central business district and just east of the historic "Allentown" neighborhood within the City of Buffalo. The BNMC is a consortium of medical research and health care institutions working to create an urban center of education, medical care, and scientific research. This partnership includes the University of Buffalo, Roswell Park Cancer Institute, Olmstead Center for the Visually Impaired, Kaleida Health, Hauptman - Woodward Medical Research Institute, Buffalo Medical Group, and the Buffalo Hearing and Speech Center. The 20 -year inaster plan calls for the construction of nearly 3,000,000 square feet, in addition to the 3,000,000 square feet already existing space. The State University of New York at Buffalo in 2009 announced plans to move its medical school to the campus. Plans have recently been announced for $12,000,000 medical office /research project adjacent to Buffalo General Hospital. The BNMC is the largest concentration of health care organizations in Western New York with 6,800 employees, 500,000 annual patients, and $80,000,000 in grants per year. 40 Days Park, Buffalo, New York AREA DATA BUFFALO NEW YORK (continued) Overview (continued) Business Employ_€nen> The following chart shows statistics relating to civilians employed by business type within a one (1) mile, three (3) wile, and five (5) mile radius of the subject property. tt�I i3uqines�e 5. ,3 4;755 15 3,397 NLS9 2315.1320. 7 Tota Retail Some imgrey €r eht Storrs. Gin =rat 1�4srcllcnGiS& Stcr €s Fars Stores Auto L :tilers 1 <5er lce Stetivros apparel 5 Accessory Stvrs� Hams Furniturfi, FtirniWnp i s Equipment £st' €na f� i�rinkiiiti places Misc2'llarmous Ret7il i tttarulIntrranclRel Estate. Rants. Sevin; Lensing Institutions Sscutitles i3rok4rs end I.nv *wtrn.srtts Insurance Curi €n & agencies Real E-S €ati � rurtAjWdinQ Coinpenias 5erultes F[L213is Lo6.oing MotiPn Picture E Amus=ment 14ealth S.efvicas L���l �8rzit &5 Etlticatlare ;�efisites .Auto Services 06tr se —Mc €s >��ticutluce jFlinlrr� rratei;'•ir»i c��nuFsrturlrEg rat J r rrttr rl. orb Util Wholesale Trade (;We tw"t 162 1,196 3,552 343 12,645 42,189 3 11 12 y4 6 $ T7 1:,787 z 1 5 11. 4 --9 117 22 1,2SO 3,617 S 26 M1 15 129 7- 7-4 ZZ787 7 5 22 5i .tI 86 263 3 Sia 21285 2 I7 1 6+ 1,624 3 > #64 4 a' g: S4 5 9 643 7 12 23 315 . 1,012 13AD5 13 ' 17 ii 322 46 1,734 6,610'. x 7' zm 'S 231' ... 1€� Ia11� 13 7 1P ' 74 n 11 S 2,600 4 12 i4 25. 202 44 1 a ;: 316 2G B2 4173, 2 15 1 ${)6 455 1 6 3,525 9. .`. 257 2,423 7,754 1,777 31,10 121,478 7 13 ` 16 0 10 57 r > >t5 1.s47. 0 KS 214 7 1 04 368 9 474 2,8 2 2 5 6 24 429 1.,224. 2Mt 1 4:51=3 A4S.BU S 34. 37'. 4 50 487 14 22 4.864 A 5 i0 .15 161 397 ..646 1,82£ 27:1i6 . 409 6a: 9 Yy£ 47S T6 675 1 5 6 198 Z533 4;753 852 7 ,5d9 37,174. 4. 5 S 5 55. 152. 44 325 728 8 15 5 16. 274 697 23 M 4,577 1 4 7 P 153 594 186 4 15,077 21 33 29 14 127 4 9 9. Sr17 2 1 li? n 2T 23 2 -. 12 234 Sn 123 14918 13,153. 18 8 15 Copyright OO 2002 -2010 Costar Realty Information, Inc. All rights reserved. 9 40 Days Park, Buffalo, New York AREA DATA BUFFALO NEW YORK (continued) Poimla- tion In 1980, population of the City of Buffalo was 357,870 while the population is estimated at 323,931 according to the 1990 census. The 2000 Census indicates the .population at 292,645, which represents a 9.66 ±% reduction from 1990. Most recent population estimates of 286,496± indicate this downward trend is continuing. Taxes r 1990 Census 2000 Census 2409 Esbniate 2014 Prajed... Budgets have been steadily increasing because of the heavier demand for services and facilities such as welfare, new schools and recreational outlets as well as the decreasing tax base. Tax rates over the past three years in Buffalo have remained stable, due mainly to annual assessment review. This is having a negative impact on commercial property values within the city as the city utilizes a homestead and non - homestead system with a full value assessment program utilizing a six (6) year cycle. Most new development is occurring due to government sponsored tax incentives. Recreation /Chu rches /Schools Recreational facilities are many and varied, including a zoo. The museum of Science History Museum, and the Albright -Knox Art Gallery. The majestic falls of the Niagara River are just one -lralf hour away. Buffalo has representation from sixty church denominations. There are 70 public elementary schools, 7 academic high schools, 7 vocational high schools and several parochial and private grade schools in the City. Colleges in the area include the State University of New York at Buffalo, Erie Community College (2 locations), Canisius College, State University College, D'Youville College, Rosary Hill College, Villa Maria College, Hilbert College, Trocaire College and Medaille. 10 40 Days Park, Buffalo, New York 4apulekinn file 314ile SMite 32.5 Tc. •,' -: -Ft: = 38,999 172,120 391,079 310 _... _._ (10%) (36CM! (.3.40D�19) 31.5 ;'_ S ::__• :s: $17,732 $22,026 $23,18.1 34.20 37.9€1 34.5€1 s•. �aiFSEt�at{t5 - - .. ---- - - -_;: 11,535 70,649 169,087 30.0 a CL 29.5 W ;- 534,119 $41,202 $40,695 39.0 2.49 2.35 2.23 28.5 1.10 1.24 1.20 -: _iT;': =• .: ;_ 21 min 20 min 24 min }1a€iS ng 27.5 590,797 $1[9,949 5129,68 1944 1944 1945 r 1990 Census 2000 Census 2409 Esbniate 2014 Prajed... Budgets have been steadily increasing because of the heavier demand for services and facilities such as welfare, new schools and recreational outlets as well as the decreasing tax base. Tax rates over the past three years in Buffalo have remained stable, due mainly to annual assessment review. This is having a negative impact on commercial property values within the city as the city utilizes a homestead and non - homestead system with a full value assessment program utilizing a six (6) year cycle. Most new development is occurring due to government sponsored tax incentives. Recreation /Chu rches /Schools Recreational facilities are many and varied, including a zoo. The museum of Science History Museum, and the Albright -Knox Art Gallery. The majestic falls of the Niagara River are just one -lralf hour away. Buffalo has representation from sixty church denominations. There are 70 public elementary schools, 7 academic high schools, 7 vocational high schools and several parochial and private grade schools in the City. Colleges in the area include the State University of New York at Buffalo, Erie Community College (2 locations), Canisius College, State University College, D'Youville College, Rosary Hill College, Villa Maria College, Hilbert College, Trocaire College and Medaille. 10 40 Days Park, Buffalo, New York AREA DATA BUFFAL ®,_ IEW 'CORK (continued) Government Due to financial difficulties encountered by the City of Buffalo, the governor in July of 2003 has appointed an independent control board to oversee the City of Buffalo's finances. The control board is in place but the potential for removal of this board was announced in 2008. The County of Erie in November of 2006 had an advisory control board changed to a hard control board with expanded powers. This control board has been converted to an advisory board in 2008. Transuortation The metropolitan area has a diverse transportation system that combines air, highway, rail and shipping access. This allows the transportation of practically any type of cargo or freight to or from the area. The city is well - positioned for international commerce with Canada, the country's largest trading partner. No other region combines all four methods of shipping to Ontario, Canada's leading commercial region. In early 1997 the Peace Bridge Authority announced plans for the construction of second twin bridge next to the Peace Bridge, to form a twin span connecting the U.S. to Canada near the downtown CBD for the City of Buffalo. This span was initially projected to open in 2002 but an ongoing controversy between factions calling for a signature bridge to replace the Peace Bridge and the twin span supporters, has delayed appropriations for this project. The twin span project would involve an investment of approximately $100 million. Either scenario should alleviate traffic congestion and encourage increased trade in the area but will probably not be completed until at least 2015. For highway transportation, the New York State Thruway (1 -90) and a related beltway system (1-190,1 -290, 1 - 990) surrounds the City of Buffalo and leads to points east and west in the state. For travel to the southern portion of the county, ample rapid transit highways are available and include Route 400 which branches off the main thruway system heading in a southeasterly direction through. the Towns of West Seneca, Ehm and Aurora leading to Wales. A more direct southerly route is the partially completed Southern Expressway (State Route 219), that also branches off the main thruway in the West Seneca - Lackawanna area and extends southward through the Towns of Orchard Park and Boston, providing direct access to the Village of Springville and the Town of Concord at the south central portion of Erie County. Currently talks are ongoing in the U.S. Senate and House of Representatives for expanding this route through to Pennsylvania. Other modes of transportation include the immediate accessibility of Great Lakes shipping via Lake Erie. The Port Buffalo Gateway complex is located on the former 1,400 acre manufacturing and port facility for Bethlehem Steel Corporation. This port facility provides full seaway depth, with 9,000 linear feet of modernized dock space. Bulk cargo storage is available at the port's major storage and transfer facility. Over 30 acres of bulk storage area is available, with an additional 15 acres of paved storage area. Heavy lift crane capacity ranges froze 5 to 235 tons. 40 Days Park, Buffalo, New York AREA DATA BUFFALO NEW YORK (continued) Transportation (continued) The Niagara Frontier Transportation Authority operates the light rail subway, which extends froin the downtown Central Business District to the State University of New York at Buffalo, paralleling Main Street and terininating at the Town of Amherst. In addition, the region is serviced by nearly 1,000 miles of rail, including one of the Iargest railheads in the nation. The Greater Buffalo Niagara International Airport is located just east of the city on Genesee Street, in the Town of Cheektowaga. The airport completed a $1.2 billion capital expansion program in 1997. Currently, the airport is served by 14 airlines and 182 air carrier operations daily at its 17 gates. The facility is capable of handling large jet traffic, with major carriers including American, Delta, United, Continental, Northwest, and US AIR. Passengers, as of a 2009 survey, approached 5.5 million annually. This increase is due primarily to the re- introduction of "low cost" air carriers with reduced fares, increased number of non-stop flights to the airport and the influx of Canadian travelers. Utilities City of Buffalo has its own public water supply. Discussions have been held concerning privatization or Erie County Water Authority takeover of the water department. The infrastructure of the water supply system is reportedly dated, and requires substantial repairs. Buffalo also operates the sewer authority. National Fuel Gas supplies natural gas, while electricity is provided by National Grid. The New York State Public Service Commission regulates the rates charged by these utilities. MAor Current and Pro osed Develo rnent Pro'ects 1 } A Waterfront Development Corporation has been incorporated to oversee waterfront development projects. The corporation is to receive $5 million dollars per year from the recent re- licensing of the Niagara Power Station. 2) A central Police Services Complex has been built on its Elm I Oak arterial. This building is part of the Erie County College Campus. 3) Inner Harbor Development - $27 million public works project. The original development plan called for a replica of "commercial slip or terminus of the Erie Canal to be reconstructed, new boat slips, a new naval and military museum and set the ground work for a $285 million dollar regional entertainment district. The first phase including the Naval Museum and Commercial Slip was completed in 2007. The National Park Service has recommended the area as a National Heritage Corridor, which would clear the way for federal funding. 4) The peace Bridge Authority has plans for a new twin span adjacent to the existing Peace Bridge. Additionally, a group lead by the owners of the Ambassador Bridge has announced plans to build a signature bridge near the International Railroad Bridge corridor. Both plans are far from finalized and years from fruition. 12 40 Days Park, Buffalo, New York AREA DATA m BUFFALO NEW YORK (continued) MAjor Current and Proposed Ylev_elopxnent_Pro Bets (continued) 5) The Seneca Nation had begun construction of a $333 million destination casino. They currently operate a 10,000± sf temporary casino within the Cobblestone District. Plans are on hold. 6) Uniland Development built a new, 116,800 ±sf, five - stony, Class A office building at 285 Delaware Avenue. Approximately 60% of the building is leased to M &T Bank. Overall project cost is estimated at $10,000,000. 7) A new Federal Court House Building is under construction on Niagara Square. Construction is expected to be complete in 2011 ±. 8) Conversion of the former Graphic Controls building (Larkin Warehouse) into a 600,000± sf modem. office building. Total conversion cost was $60,000,000. The project has received strong market acceptance with occupancy over 95 %. 9) A new, 290,000 ±sf, Federal Building at 130 Elmwood Avenue has been completed. The building replaced the old Federal Building at Huron Street and Delaware Avenue. The old Federal Office building was purchased at auction by the developers of the new Federal Building. The 400,000± sf building has been renovated into an office, hotel, and residential complex called Avante Place. This project has had good market acceptance. 10) Numerous downtown apartment conversions including Elk Terminal, LL Berger's Building, Granite Works, University Club, Lofts at Art Space and the Sidway Building. 11) The 1,000,000 ±sf Larkin Warehouse on Seneca Street was recently purchased and plans calling for the conversion of 600,000 ±sf into office and retail space are in planning stage. 12) Developer Carl Paladino had announced plans to build an 11 story, 335,000± sf office building on the corner of Court Street and Franklin Street in the Central Business District. Total project cost is $45 million and will not start until 50% preleased. Plans are currently on bold. 13) A new, 469,000± sf, WNY headquarters for Blue Cross Blue Shield at 249 West Genesee Street was completed. The $100 million dollar project includes a five story parking garage. 14) The State University of New York at Buffalo has purchased the former TRiCO Building and M. Wile Building and will be expanding their presence in the Central Business District with a concentration on the expanding Medical Corridor of Rosewell Park and Buffalo General Hospital. A 2009 announcement indicated the University intends to move their medical school to this carnpus setting. 40 Days Park, Buffalo, New York 13 AREA DATA BUFFALO NEW YORK (continued) In addition to the above - mentioned major projects, government /non - profit agencies including Buffalo Place, Empire State Development Agency, Buffalo Urban Renewal Agency, Buffalo Economic Renaissance Corporation, Buffalo Niagara Partnership, to name a few are offering numerous incentives to attract and generate new business and Housing opportunities within Buffalo: Several new developments, including the Inner Harbor projects hope to provide a catalyst for economic growth, Local preservation and private citizen groups have taken an active role in several of the major development projects proposed. These groups. have delayed a number of projects, calling into question the feasibility and motives of poorly planned projects. There is hope that revised plans for the Inner Harbor and Peace Bridge will. change the trend of Buffalo's historically poor urban planning. The past several years has seen increased residential property values, demand for City property, decrease in office vacancy and numerous development projects in planning. Overall, the stabilization of office and residential markets and proposed developments, has led to a feeling of cautious optimism. Buffalo should remain stable for the foreseeable future. 14 40 Days Park, Buffalo, New York MARKET &NALYSIS The subject property is situated in the Allentown section of the City of Buffalo. Neighborhood boundaries are considered to be Virginia Street south, Summer Street north, Main Street east and Richmond Avenue west. Allentown is considered to be an historical section of the City of Buffalo, with significant architecture. This district has aesthetic value protected by the special district zoning in place along Allen Street. The central downtown business district is within 1 /2 mile to the south by way of Elmwood or Delaware Avenues. Access to the NYS 1 -190, Niagara Extension of the thruway, which accesses the NYS 1 -90 mainline thruway is within Yz mile south or west. The Kensington Expressway (NYS Route -33), which accesses the easterly suburbs and the Greater Buffalo International Airport, is within 3/ mile southeast. Access to NYS Route 5 (Buffalo Skyway), which accesses the southtowns along Buffalo's Waterfront, is within % mile south. The focal point of the neighborhood is the "strip" along Allen Street and Elmwood Avenue in the immediate vicinity of Allen Street. The neighborhood tone is set by smaller, locally -owned and operated retail shops and restaurants, most with apartment use on upper levels. Roswell Park Cancer Institute has developed a new Research/Care facility to the east of the subject neighborhood, adjacent to Buffalo General Hospital. Commercial development within the neighborhood is primarily neighborhood commercial in nature on the primary roadways. Commercial usage is concentrated along Elmwood Avenue extending to the Town of Tonawanda to the north and Downtown City of Buffalo to the south. Secondary streets typically have large older one, two and three - family homes. This pocket of the City of Buffalo has experienced growth and gentrification over the past several years with marry residential properties experiencing appreciation at rates faster than inflation. This trend is expected to continue into the near future as college graduates of local universities (Canisius College, Buffalo State College, University of Buffalo, Medialle College and D'Youville College) continue to be attracted to these areas. The New York State Thruway — Niagara Section (1— 190) and Scajaquada Expressway (NYR Rte. 198) provide adequate access for the subject neighborhood. These limited access highways are located within 1- 2f miles of the subject property. The following is a demographical profile of the subject area. Location CIO Buffalo Erie Couny- New York Medium Income $26,255 $41,269 $43,393 Average Income Households w /children $37,118 $61,695 $67,235 Population /Growth Rate 286,496±/ -.4% 930,703±/ -.4% 18,976,457±/NA Percent Married w /children 28.5 % /29.2% 47.5%/30.1% 47.6% /32.3% Average Travel Time to Work 22.8 rein 22.9 rein 34.4 min % High School Grad /College 77.9 %/30.7% 85.1%/35.8% 86 %/39.6% Average Age 33.8 years 38 years 36 years The above data is typical of older urban areas which have suffered through population losses and migration to suburban communities. The subject's "Elmwood Village" is considered one of the most desirable neighborhoods to live in as evidenced by the American Planning Association's Top 10 Neighborhoods in the Country Award in 2008. The subject's area is considered to be economically viable, and considered one of the best rental markets in the City of Buffalo. In January 2009, Forbes Magazine identified Buffalo as one of the top 10 housing markets in the country. 15 40 Days Park, Buffalo, New York MARKET ANALYSIS (continued.) Charter schools are independently run public schools of choice created by parents, educators, and community leaders designed to improved learning and provide public school choice. Charter schools operate under a five -year performance contract. Charter schools operate independently of pupil city schools and are free from top -down educational bureaucracy in exchange for accountability for student achievement. All charter schools must re -apply for their charters every five years. Schools must be academically successful, viable, and financially sound to be renewed. Charters are granted and renewed by the State University of New York Board of Trustees. Currently there are 189 charter schools in New York State and 18 operating in the Buffalo/Niagara area. Additionally a proposed charter school (College & Career Girls Prep) located in the City of Niagara Balls is in planning. Overall the number of charter schools in New York has increased 122% since 2006. The City of Buffalo has 15 charter schools. Local school districts along with the Diocese of Buffalo have or are planning closing numerous schools due to inadequate enrollment. Overall, the market indicates a demand for charter schools, which generally outperform City of Buffalo School District schools. Most charter schools have experienced strong community support, while being opposed by City school districts and teachers' unions. AERL&L MAP 16 40 Days Park, Buffalo, New York STREET PHOTOGRAPHS View of Days Park 17 40 Days Park, Buffalo, New York East View of Days Park LOCATION MAP 0 2$5 P L on Q: Leroy. Ave te$ rt rdt9nc Dewey Ave m- � � m i Forest Ave Bird Ave'. t terra F t� p v r� — x; Garner Ave:€ 0 594 � , , Blaine Ave :. � � Wf�1[1E{1 f� �5 € s :. E �: W pelakan Ave: i]t At High St fy Nigh S't' St_ i) � �.. m � Florida St g Auburn Ate IA UbIM Ate F t Brockendelge St Brunsvnck BM o r m = Ferry Sia W Ferry St Ave fJN ' m r ' � Highland - -- r �fbarry Sk a g I : 2, Anderson PI nvvaod Ave E Ut ica St " Nodbland Ave c' Riley ro f,111 Eaton St iCngsley St - X. podge St' " E ' st .at h N Wf�1[1E{1 f� �5 € s :. E �: �.- rbk �' F S i]t At High St fy Nigh S't' St_ i) �� �e�B 3 Q o ! ty� (I Carlton Sk as f t g # V n m o r m = E pelavan Avz fJN ' m ZJ ` - -- (aa''W , rte q Ashfsy £3t E Nodbland Ave f,111 ,r . y rn E Ferry St . .BD`d Ave French St cn pasti Urban St - Fougeron Si 3 ' 62'r% .�trrxrrtrn8i'ask a., � m A �J1Lps- K'4 91 � 0 ,D a 1y_ s { t1Uf163V 1't3 st .at h N Wf�1[1E{1 f� �5 € s :. E �: �.- rbk �' F S i]t At High St fy Nigh S't' St_ i) �� �e�B 3 Q o ! ty� (I Carlton Sk as f t g # V n m o r m = fJN ' m ZJ $':" ` - -- (aa''W , rte q Ashfsy £3t E •134 � 40 Days Park, Buffalo, New York 18 N E . but alo William. St WI liam Si r Coa',iw flantl (PI i9$8 -2m h#crosoft Car oration "r ,'&s "sum AN & r6erved. -- - -- •134 � 40 Days Park, Buffalo, New York 18 ZONING The subject is located in an area zoned "R-Y; Dwelling District as per the City of Buffalo zoning ordinances. Pennitted uses within this zoning classification include: -- Any use permitted and as regulated in the "R -2" District -- Multi - family or row dwelling Junior college, college or university, either public or private, non - profit; college dormitory, school or college athletic field or stadium. _- Office of a nonprofit civic, religious or charitable organization, with conditions -- Cemetery, with conditions -- Private non - commercial recreation area or recreation center, with conditions _- Hospital or sanatorium, with conditions Branch telephone exchange or electric station, with conditions P A restricted business or industrial parking lot, with conditions Accessory uses The subject's previous use as a school use is considered a legal conforming use. UTILITIES The subject property and the surrounding areas are serviced by all public utilities including natural gas, electric, telephone, cable television, sanitary sewer and water. TAX AND ASSESSMENT ANALYSIS The subject property is assessed on the City of Buffalo tax roll as follows: Land Improvement Total SBL No. Assessment Assessment Assessment 99.84 -6 -10 $64,200 $827,400 $891,600 2010 Equalization Rate 100% Indicated Pull Value $891,600 The subject property is owned by the City of Buffalo and is tax exempt. 40 Days Park, Buffalo, Now York Real Estate Taxes 10 /11 Exempt 19 TAX MAP ' f f 24 r 9 f y f 4 s 40 Days Park, Buffalo, New York 20 DESCRIP11ON OF THE REAL ESTATE: The subject property consists of a one and two story, masonry school building totaling approximately 36,000 ±sf. The improvements are situated on a 1.48± acre site located on the northeastern corner of Days Park and Cottage Street in the City of Buffalo, County of Erie, and State of New York. Site and building improvements descriptions for the subject property follow: SUMMARY OF SITE CHARACTERISTIC Land Area 64,451 ±sf or 1.48 ±acres Location Average to Good Frontage 385.0 -' Days Park x 126.0 ±' Cottage Street x 151.0 -+' Hudson Street AccessNisibility Average /Average Shape /Topography Irregular Functional Utility Average -Good Utilities All public Easements/Encroachments Typical utility easements in- place. No encroachments identified. Flood Zone/Drainage Flood hazard Zone X, Community Panel 4360230 -15C, dated 8/23/99. Neither subject site is located in a designated flood hazard area. Drainage is considered adequate. Environmental Concerns None noted Adjacent Property Uses Residential, Commercial Detrimental Conditions None noted Zoning /Conformity "R -3" Dwelling District /Legal conforming use Marketability and Appeal The subject site is considered competitive with average to good appeal in market due to its location and size. Site Improvements Site improvements include front lawn area, asphalt paved parking in three separate areas totaling for approximately 80± cars, two (2) playground areas, handicap access ramps, flagpole, underground oil storage tank, fencing, exterior lighting and concrete walks around the perimeter of the building. Overall condition of the site improvements is average. Site Analvsis and Conclusions_ The subj eces topographic and environmental aspects do not appear to adversely affect the marketability of the overall property as developed. The appraisers assume that there are no hidden or unapparent subsoil conditions which would render the site more or less valuable. No responsibility is assumed for such conditions or for the engineering which maybe required to discover them. 21 40 Days Park, Buffalo, New York DESCRIPTION O -THE REAL ESTATE (continued) Ruildlu� Im�x�€syemex�ts: The subject building improvement consists of a one and two story school building that was built in 1957:E. The building is of heavy masonry construction with concrete foundations and footings. The building contains a small basement area (approximately 3,500fsf) that is used for mechanical systems and storage. The basement is located at the southeast coiner of the building. There are two stairwells to access the basement. Mechanical systems include two "Cleaver Brooks" oil burning steam boilers, "AO Smith hot water system, and adequate 1;600 amp circuit breaker electrical service. There is an underground fuel tank used to supply the boilers. There is no air conditioning. 'There is emergency lighting throughout that can be powered by a natural gas emergency generator. The roof is flat with a built - up tar and gravel cover. Water damage was evident at the west side wall that divides the one and two story sections. Maintenance personnel from the city indicated there is a flashing problem. Windows throughout are hinged aluminum frame thermopane casement. There are several access entrances that are handicap accessible, The first floor of the building includes administration offices, eight classrooms, nurses' clinic; teacher lounge, limited service kitchen, faculty room, library, two locker rooms with shower facilities, various storage rooms, one set of gender lavatories, and a gymnasium. The gymnasium has a wood floor and suspended acoustic ceiling. Seven of the classrooms include a toilet lavatory. Additional lavatories are located in the teacher's lounge and nurse's clinic. Hallways consist ofterrazzo tiled flooring and subway style ceramic tiled wainscoting. Ceilings throughout are a combination of gypsum and acoustic tile. Classroom finishes includes asbestos tile flooring, florescent lighting and gypsum walls. The second floor contains 10 classrooms, various storage rooms, one set of gender lavatories and one set of gender teacher lavatories. Lavatories throughout the building include terrazzo flooring and subway tile wainscoting. Overall condition of the building is considered average with items of deferred maintenance including the previously mentioned roof leak. Overall building quality is considered average to good. Sumrraary of Buildint;_Area: Description Basement Size SF 3,500± I" Floor 23,5001 2 " Floor 12,5001 Total Above Grade 36,000± Hazardous Substances. The appraisers are not qualified to detect hazardous substances. We are not aware of any engineering or other reports which presently confirm or refute the existence of any such materials or their inclusions within or on the improvements. It is also assumed that there is no apparent presence of hazardous waste at the site. It is recommended that any prospective purchaser or investor obtain a qualified expert in this field to ascertain the presence or lack of hazardous materials at the property. The appraisers did view what appeared to be asbestos containing material to include flooring and insulation along with an underground fuel tank. As a result, a Phase I Audit of the site is advised, should a recent audit not be available, to insure compliance with all government agencies regarding hazardous materials, either surface or subsui fate. T re appraisers reserve the fight to amend t his re o rt slr€ould a more detailed environme report be made available. �^ 22 40 Bays Park, Buffalo, New York First Floor Plan Second Floor Plan 40 Days Park, Buffalo, New York 23 BUILDING LAYOUT SUBJECT PHOTOGRAPHS j Front View East Side View 40 Days Park, Buffalo, New York Side 24 Playground View Entrance Gymnasium SUBJECT RHOTOG APHS . i3asement morage Locker Room 40 bays Park, Buffalo, New York 25 .Administration Office Basement Boiler Room SUBJECT PHOTOGRAPHS 40 Days Park, Buffalo, New York Classroom mairwen 26 nrst v toor uiassroorn Science. Room Typical Lavatory SUBJECT PHOTOGRAPHS Classroom 40 Days Park, Buffalo, New York Lavatory 27 G U j00r L.jUS6I V VIIL Water Damaged West Wall HIGHEST AND BEST USE The term "I- Iighest and Best Use" is defined as "the reasonablyprobable and legal use ofvacant land or an unproved property, which is physicallypossible, appropri(ifelystipported, fananciallyfeasible, and that results in the highest value." The Appraisal of Real Estate Thirteenth Edition). Highest and Best use analysis plays an important role in determining the overall market and economic feasibility of a project by analyzing current market conditions which consist of: Current Development trends in the area, the supply of alternate and available sites in the area, the availability of utilities and the current zoning of the subject property. All of these factors help determine the use which will provide for maximum productivity as well as maximum contribution to the community and its goals. Therefore, once established the highest and best use dictates conclusions arrived at during the remainder of the valuation process. The determination of the site's highest and best use as though vacant involved an evaluation of all possible and probable uses to which the site could be placed. This analysis considers the physical factors of road frontage, topography, depth, availability of public utilities, zoning and overall size of the property as they relate to the various potential users. The highest and best use of the site as presently improved is also considered. There are two primary reasons for estimating the highest and best use of the property as improved. They are to identify the uses that will produce the highest return to the investor and to Delp identify comparable properties. The highest and best use of the land, as vacant and unproved, must meet four criteria. The highest and best use must be: Legally Permissible 2. Physically Possible Financially Feasible Maximally Productive 28 40 Days Park, Buffalo, New York HIGHEST AND BEST USE (continued) Highest and Best Use As Vacant Lana Legally Permissible: The subject site is zoned "R -3" Dwelling District per the City of Buffalo zoning ordinances, This zoning classification allows for a wide variety of community service and residential uses as previously discussed. There are no known legal or environmental conditions, which would negatively affect the subject sites potential for residential development. Note that .it is unlikely that a zoning change will occur. 2. Physically Possible: The subject site is a large tract located in a fully developed neighborhood. Overall development characteristics and market appeal is average to good due to its location in "Allentown ". The site is generally level and drainage is considered adequate. There are no physical characteristics of the site, which would limit future residential development. 3. Financially Feasible: The possible and permitted uses that will produce a positive return to the owner include single or multi family residential uses consistent with surrounding land uses. Either type of development is considered most feasible. 4, Maximally Productive: Based on the data collected and analyzed, residential development is legally permissible, physically possible, and financially feasible. The property being developed for residential use is projected to be maximally productive based on the current market conditions and the overall demand for these types of properties in the subject neighborhood. Conclusion of Highest and Best Use as Vacant It is our opinion that the highest and best use of the subject site, as vacant, would be for residential development, as it is legally permissible, physically possible, financially feasible and potentially maximally productive. 29 40 Days Park, Buffalo, Now York HIGHEST AND BEST USE (continued) Highest and Best Use As Irn roved I . Legally The current zoning of the properties allow for community service, multi - family, residential use. There are no known legal or environmental issues which would limit the subject's school use. 2. Physically Possible: The subject improvement was built in 1957± as a school. The property functioned as such until the spring of 201.0.Overall the property is dated and in need of some upgrading, however the base structure is well suited for continued school use. While alternate reuse of the building as apartments or offices is a possibility, continued school use appears to be most physically possible. 3. Financially Feasible: The surrounding area is comprised of moderately priced, single-family residences, apartments and commercial facilities. The immediate area is well established and considered a desirable residential location. Large land parcels available for development within desirable neighborhoods in the City of Buffalo are almost none existent. New construction consists of renovation of older building, reuse of industrial building or new construction after demolition of an older improvement. The subject site would attract significant interest if vacant due to its location and amenities in the area. Demolition cost estimates for the subject improvement are difficult to project. The subject includes significant ainounts of asbestos flooring and there is potential for other asbestos products to be present in the building due to its age and heating system. As a result demolition costs of $15 to $25 per square foot are probable. These figures would put demolition cost of the subject to range from $540,000 to $900,000. Overall there are few comparable land sales within the city. A multi - family residential development project on West Delevan Avenue, just west of Elmwood Avenue included the assemblage of three parcels totaling 16,160 ±sf sold for $237,000, exclusive of demolition costs for two buildings totaling 4,865 ±sf. That equates to $14.67/sf, exclusive of demolition. The appraisers are of the opinion the subject site could attract a $10.00 /sf value if vacant or approximately $640,000. As a result it is evident that demolition of the improvements for site redevelopment is not feasible at the current time. There is historical precedence for renovation of fon school and benevolent buildings into residential, mixed use or office complexes. Generally buildings purchased for these types of redevelopment are purchased for their shell value. This is evident from Improved Sale #7, 257 Lafayette Avenue, that was converted to loft apartments and commercial space. Typically these developments require significant subsidies and tax credits to complete. Overall, considering these factors, the subject's use as a school is considered most financially feasible. 4. Maximally Productive: The maximally productive use of the subject property as improved is for its continued school use. Conclusion of Highest and Best Use as Improved 30 40 Days Park, Buffalo, New York APPRAISAL PROCESS The purpose of this report is to provide an opinion of the "As Is" market value, in Fee Simple Interest, for the subject property as of February 14, 2010, the date of property inspection. The various property components; land and improvements have been described. The regional and market area analyses have examined current trends and supply and demand factors for this sub - market. There are three commonly accepted approaches that may be used in rendering an opinion of market value. These three approaches are: I. Sales Comparison Approach 2. Income Capitalization Approach 3. The Cost Approach Outlined below are the basic premises of each of the three approaches: I. Sales Comparjs2y The Sales Comparison Approach is based on the premise that an inforined purchaser would pay no more for a property than the cost of acquiring an equally desirable substitute property. In the Sales Comparison Approach, market value is estimated by comparing the subject property to similar recently sold properties. A major premise of the Sales Comparison Approach is that the market value of a property is directly related to the demonstrated price of comparable, competitive properties. Recent sales of comparable properties are verified and adjusted to the subject for items of difference. The Sales Comparison Approach is applicable when recent data from an active market is verifiable. Properties like the subject are traded in the open marketplace; and therefore, the Sales Comparison Approach will be utilized in the valuation of the market value in fee simple interest. In the development of this approach, sales of similar facilities will be compared to the subject and adjusted for differing factors, when such adjustments are supportable through market research. This analysis will be presented on the basis of a sales price per unit including land. 2. Income Ca itallzatzon A. roach The Income Capitalization Approach is the appraisal method that is used to analyze a property's capacity to generate benefits (usually monetary benefits), and then converts these benefits into an indication of present value. The benefits of ownership are realized in the form of net operating income (cash flow), which is expected over the anticipated holding period, as well as reversionary benefit resulting from the sale of the subject at the end of the holding period. The direct capitalization analysis will be incorporated in this approach. This analysis will use a stabilized net operating income opinion, to be capitalized into value using a market derived overall capitalization rate. The reliability of the Income Approach depends on the duality of the information obtained and judgment exercised in determining the critical items that contribute to the estimated cash flow. The Income Approach is typically the most commonly used and reliable method in estimating the value of properties similar to the subject. 31 40 Days Park, Buffalo, New York APPRAISAL PROCESS (continued) 3. Cost AVraach The Cost Approach is the appraisal method in which the value of a property is indicated by estimating the replacement cost of the improvements, deducting the estimated depreciation and adding the estimated market value of the land. Based on the principle of substitution, the cost approach assumes the value of the property is no greater than the cost a prudent and informed investor would incur in constructing a similar improvement with equal physical and functional utility. The Cost Approach is considered to provide a reliable indication of market value when the improvements are new or nearly new. The subject improvement was built around 1957 ±. Replacement cost and depreciation estimates for these types of structures are less reliable. Due to this factor, the Cost Approach will not be applied in this report. 32 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH-IMPROVED Introduction The Sales Comparison Approach estimates market value by comparing the subject to other properties that are similar in utility and that have recently sold. The Sales Comparison Approach focuses on differences in legal, physical, location and economic characteristics, differences in real property rights conveyed, the date of sale, the motivations of buyers and sellers and the financing arrangements for each sale transaction, which can account for variations in prices. In the Sales Comparison Approach the following procedures will be utilized: Research the market to obtain information on sale transactions, listings and offerings to sell or purchase properties that possess similar characteristics as the subject. 2. 'Verify by primary and secondary sources that the collected market data obtained is factually accurate and the transactions reflect arm's length market conditions. 3. Select relevant units of comparison (e.g. per square foot, per apartment or per income multiplier) and develop a comparative analysis for each unit, based on how this type of property is typically analyzed by the market. 4, Compare the subject and comparable sales properties using the elements of comparison and adjust the sale price of each comparable appropriately or eliminate the property as a comparable. 5. Reconcile the various value indications produced from the analysis of comparables into a single value indication or range of value. An imprecise market may indicate a range of value. 33 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH- IMPROVF -D (continued) Elements of Comparison The following are the six common elements of comparison that should always be considered in the sales comparison analysis: l . Real Property Rights Conveyed: A transaction price or sales price is always affected by the Real Property Rights conveyed. The revenue generating potential of a property is often fixed, limited by the terns of the existing lease or leases. Adjustments gust be made to sale prices to reflect the differences between contract rent and market rent. ) inancin Terns: The transaction price of one property may differ from that of an identical property due to different financing arrangements. For example, a purchaser or a seller may arrange a buy down, paying cash to a lender so that a mortgage with a below market interest rate could be offered. Therefore, a buyer maybe willing to pay a higher sale price with these special financing terns or other favorable financing terms. Condition of Sale: The condition of the sale is normally a reflection of the motivations of the buyer and the seller, which can cause the sale price to be higher or lower than the market might otherwise indicate, were all conditions considered to be normal. 4. Date of Sale: Market conditions generally change over time with the date of an appraisal being at a specific time, Changes in the market conditions may be caused by inflation, deflation, fluctuations in supply and demand or other factors. S. Location: The adjustment for location may be required when the location characteristics of a comparable property are different from those of the subject property. Most properties in the subject's neighborhood have similar location characteristics, but variations may exist within and between neighborhoods. Physical Characteristics: The physical characteristics of a comparable property and the subject property may differ in many ways. Each of these differences may require comparisons and adjustments to the comparable in relation to the subject. Adjustable physical differences are predicated on market response. 34 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH The Sales Comparison Approach provides an opinion of market value by comparing the subject to other properties that are similar in use, utility and that have sold. The Sales Comparison Approach focuses on differences in legal, physical, location and economic characteristics, differences in real property rights conveyed, the date of sale, the motivations of buyers and sellers and the financing arrangements for each sale transaction, which can account for variations in prices. IMPROVED VALUATION The market has been researched for school buildings that have recently sold in the Buffalo Market Area. The research has revealed sufficient sales within the last few years that are considered similar to the subject. Following are the comparable sales that are deemed most similar and comparable to the subject property. IMPROVED SALES — SUMMARY 35 40 Days Park, Buffalo, New York SALE BUILDING PRICE/ SALE # LOCATION DATE PRICE AREA/SF Ste' I -1 157 East Street 9108 $150,000 28,700± $523± Buffalo, New York I -2 567 Hertel Avenue 9108 $275,000 36,496± $7.54± Buffalo, New York I -3 92 Benzinger Street 3109 $250,000 33,536± $7.45± Buffalo, New York I -4 2408 Main Street 7107 $930,000 66,734± $13.34± Buffalo, New York 1-5 968 Grant Street 4108 $200,000 23,819± $8.40± Buffalo, New York 1-6 2368 Eggert Road 11/08 $750,000 37,102± $20.21± Tonawanda, New York I -7 257 Lafayette Avenue 1 /09 $200,000 35,088± $5,70± Buffalo, New York I -S 404 Edison Ave 7/07 $550,000 29,025± $18.95± Buffalo, New York SUBJECT 40 Days Park 2/11 N/A 36,000± N/A Buffalo, New York 35 40 Days Park, Buffalo, New York SALES COMP M IS ®N APPROACH (continued) LOCATION MAP OF THE. COMPARABLE SALES 36 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED' VALUATION IMPROVED SALE #1 Class Code: 620 Property Type: Churcb Rectory /School Location: 157 East Street Buffalo, New York 14207 County: Erie S.B.L. M 88.41 - 4-11.1 Sale Price: $150,000 Deed Stamps: $1,350.00 Deed Date: September 16, 2008 Deed Recorded: September 25, 2008 Grantor: The St. Francis Xavier Gene. Rom. Cath. Congregation c/ 435 Amherst Street Buffalo, New York 14207 Grantee: The Committee for the Buffalo Religious Arts Center, Inc. 157 East Street Buffalo, New York 14207 Liber/Page: 11150/3426 Zoning/Utilities: "C2 "; Community Business District and "R2'; Dwelling District All Public Land Area: 1.82± acres (79,120± so Age: 108± years (actual) Building Area: 25,700± sf Land/Bldg. Ratio: 1.84 :1 Price /sf Bldg Area Incl. band: $5.23± 37 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMIPR.OVED SALE #1 Marketing Time: Verification Source: Type of Construction: Year Built: Overall Rating: Financing: Comments'. Church Building: Unknown Deed Examination, Assessors Records, Interior and Exterior Inspection Masonry 19001 -1920± Average No unusual financing which would affect the validity of the sales price known The church is an older brick/masonry building with a clay tile roof that was constructed in the 1913± and is being utilized as a church as of the date of inspection. The building contains a total of 11,026± square feet of gross building area. Interior finishes in the sanctuary, which has a seating capacity of between 500 and 600± persons, consists of tile, carpet or wood flooring, and painted plaster ceilings and walls. The church building has a partial basement with open storage areas. Electrical service for the church is considered to be adequate. Overall, the church building is considered to be in average condition with very little deferred maintenance being evident, Former School Building: This structure is comprised of a three (3) level, former school building with a full basement that was constructed in 1900± and contains approximately 33,224± square feet of gross building area. The first floor of the building consists of a kitchen, former gymnasium, bathrooms, offices and former classrooms. The first floor of the building that contains 13,138± square feet is the only gross building area that is considered to have value. The second and third floors of the building display evidence of deferred maintenance and are in need of substantial repair and have no contributory value in the opinion of the appraisers. The school facility is typical of most school buildings built in the first half of the 20' century having masonry /brick exterior and a flat roof. Electrical service to the building is provided by 600 amp circuit breaker service that is the major source of electric for the three (3) buildings located on the subject parcel of land. There are HVAC units located on the first floor that service the first floor of the building. Overall, the subject sebool building is considered to be in average ( -) to fair condition. 38 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUA'T'ION Rectory: The subject improvement containing 4,536 square of gross building area was constructed in 1920±- The structure consists of offices, dining room, kitchen, living room, and rest room on the first floor with the second floor being comprised of bedrooms and one (1) bathroom. Subject has a full basement with concrete floors, wood joist ceilings and stone and masonry walls. The basement area is utilized primarily for storage and nmclianicals. Electrical service to the building is provided by a circuit breaker (125 amps) that is considered to be adequate for the building. The building has a clay the roof, and brick/masonry exterior walls. Windows are double Dung vinyl, or metal units. Lighting is provided by florescent or incandescent fixtures. Overall, the subject improvement is considered to be in average condition and of average quality construction. PHOTOGRAPHS OF IMPROVED SALE #I Rectory School 39 40 Days Park, Buffalo, New York filu��-cl� SALES COMPARISON APPROACH- IMPROVER (continued) IMPROVED VALUATION IMPROVED SALE #2 Class Code: 620 Property Type: Church /School/Rectory Location: St, Florian's Roman Catholic Church 567 Hertel Avenue Buffalo, New York 14207 County: Erie S.B.L. M 77.76 -2 -1 Sale Price: $275,000 Deed Stamps: $2,475.00 Deed Date: September 24, 2008 Deed Recorded: September 26, 2008 Grantor: St. Florian's Ronan Catholic Church Society of Buffalo, NY 127 Chadduck Avenue Buffalo, New York 14207 Grantee: The Chapel At Crosspoint 500 Crosspoint Getzville, New York 14068 Libor/Page: 11150/3605 Zoning/Utilities: C -2 Comm nunity Business District /All Public Land Area: 2.04± acres (88,6591 sf) Age: 46-± - 90f years (actual) Building Area: 36,496± sf Land/Bldg. Ratio: 0.46:1 Price /sf Bldg Area Incl. Land: $7.54± 40 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH - IMPROVED (continued) IMPROVED VALUATION IMPROVED SALE #2 Marketing Time: Unknown Verification Source: Deed Examination, Assessors Records, Curb Side Inspection Type of Construction: Masonry Year Built: 1918± -1962± Overall Rating: Average Financing: No unusual financing which would affect the validity of the sales price known Comments: Sale represents the transfer of a church, 3 -story school and 2 -story rectory located on the south side of Hertel Avenue between Pavonia Street and Saint Florian Street in the City of Buffalo. The buildings contain a combined total of 36,496± sf gross building area. Building square footages are as follows; Church has 10,010± sf; school has 21,801± sf; rectory bas 4,685± sf. Buildings are all of masonry construction. On-site parking is considered to be adequate. Overall, buildings are considered to be in average condition as of the time of sale. Sale is considered to be an arm's length transaction between unrelated parties with no unusual circumstances. I -4525 PHOTOGRAPHS OF IMPROVED SALE##2 SALES COMPARISON APPROACH - (continued) IMPROVED SALE #3 Class Code: 620 Property Type: Church Property Location: St Agnes Catholic Church 92 Benzinger Street Buffalo, New York County: Eric S.B.L. #: 112.50 -3 -24 Sale Price: $250,000 Deed Stamps: $2,250.00 Deed Date: March 16, 2009 Deed Recorded: March 23, 2009 Grantor: St Agnes Catholic Church Society 118 Schiller Street Buffalo, New York 14206 Grantee: International Sangha Bhiksu Buddist Association 4701 Backlick Road Annandale, Virginia 22003 Liber/Page: 11157/9750 Zoning/Utilities: "R-2 "; Dwelling District/All Public Land Area: 1.48± Acre (64,320± so Age: 52± yrs to 100± yrs Building Area: 10,041 ±sf Church 4,785 ±sf Rectory 13,338 ±sf School 5,372 1sf Convent 33,536 ±sf Church Price /sf Bldg Area Incl Land: $7.45± 42 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION Marketing Time: Verification Source: Type of Construction: Land/Bldg. Ratio: Year Built: LM1t ROVED SALE ##3 Unknown Teed, Assessor Record's, Masonry/Brick 1.79:1 Late 1890's± tliru to 1958 Comments: This sale consists of a former "St Agnes Catholic Church" located in the Lovejoy section of the City of Buffalo. The property consists of a church, rectory, school and convent, Overall condition at the time of sale is considered average. The site has adequate parking. Sale is considered to be an arm's length transaction. The church was built in the late 1890's, the school in 1915 ±, rectory in 1922+ and convent in 1958 ±. In addition to this property the grantee also purchased "The Visitation Roman Catholic Church" property at 1040 East Lovejoy Street. That property contained 22,080±sf of building area consisting of a school building, rectory and garage. The total sale price was $110,000 or $4,981sf. I -4985 PHOTOGRAPHS OF IMPROVED SALEO Church 40 Days Park, Buffalo, New Yo rk Rectory SALES COMPARISON APPROACH (continued) IMPROVED VALUATION 44 40 Days Park, Buffalo, New York IMPROVELSALE #4 Class Code: 620 Property Type: Church/School Location: 2408 Main St. Buffalo, New York 14214 County: Erie S.B.L. #: 89.43 -2-18 & 19, 20, 21 & 22 Sale Price: $930,000 Deed Stamps: $8,370-00 Deed Date July 23, 2007 Deed Recorded: July 23, 2007 Grantor: The Central Presbyterian Church 15 Jewett Parkway Buffalo, New York 14214 Grantee: Mount St. Joseph Academy 2064 Main St. Buffalo, New York 14208 Libor/Page: 11132/1674 ZoningAjtilities: "R2"; Dwelling District for SBL Ws 89.432-21 & 22 "Cl "; Neighborhood Business District for SBL U's K43-2-18,19 & 20 Land Area: 1,95± acres (85,0000 Age: 97± years (actual) Building Area: 69,734± sf Land/Bldg. Ratio: 0.79,1 (47,406± sf footprint) Price/sf Bldg Area Incl Land: $13.34± 44 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #4 Marketing Time: Unknown Verification Source: Deed Examination, Assessor's Records, Curbside hnspection, Buffalo News Type of Construction: Masonry Year Built: 1900± through 1920± Overall Rating: Average Financing: No unusual financing which would affect the validity of the sales price known Comments: Sale represents the transfer of a former church complex. Building improvements include a church, school, three (3) family residence, two -story rectory, community center and a vacant commercial lot located on the corner of Jewett Parkway and Main Street in the City of Buffalo. Main Street is a primary, arterial, which is primarily improved with commercial properties. Access to the Kensington Expressway (Route 33) is within one (1) mile southwest. Sale includes five (5) parcels that total 1.95± acres of land with 300± feet of frontage along Main Street and 3001 feet of frontage along Jewett Parkway. Buildings include a total of 69,734± sf of gross building area broken down by; 28,246± sf of school building; 13,593± sf of church building; 16,072± sf benevolent; 4,887± sf of conununity center; 4,238± sf of rectory; and 2,698± sf of three - family residence. Former parcel of 10,000± sf was included in the sale that provides adequate onsite parking and is asphalt paved for the community center with additional onsite parking located off of Jewett Parkway for the entire complex. Buildings were in average condition at the time of sale. Sale is considered to be an arm's length transaction between unrelated parties with no unusual circumstances. The property is currently on the market for $950,000. 1 -3659 Church PHOTOGRAPHS OF IMPROVED SALE #4 School 45 40 Days Park, Buffalo, New York SALES COMPARISON APPROAC I (continued) IMPROVED VALUATION IMPRO°4VED SALE #5 Class Code: 620 Property Type: Church/Rectoiy /Convent/School Location: 968 Grant Street Building Area: Buffalo, New York 14207 County: Erie S.B.L. #: 88.35 -3 -1, 1. /A, 41 & 42 & 88.27-2-18,19 & 20 Sale Price: $200,000 Deed Stamps: $1,800.00 Deed Date: April 17, 2008 Deed Recorded: April 24, 2008 Grantor: St. Elizabeth's Ronan Catholic Church of Buffalo c/o 435 Alierst Street Buffalo, New York 14207 Grantee: Abundant Life in Christ Ministries, Inc. 533 Parker Avenue Buffalo, New York 14216 Liber/Page: 11144/686 Zoning/Utilities: "C2'; Community Business District and "R2 "; Dwelling District/All Public Land Area: 1.46± acres (63,598± sf) Age: 50 -102± years (actual) Building Area: 23,819± sf Land/'Bldg. Ratio: 2.05:1 Price /sfBldg Area Incl. Land: $8.40± 46 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IIRPR.OVED SALE #5. Marketing Time: Verification Source: Type of Construction: Year Built: Overall Rating: Financing: Comments: Church: Unknown Deed Examination, Assessors Records, Interior and Exterior Inspection Masonry 1906± -1950± Average No unusual financing which would affect the validity of the sales price known The church building is a one story, masonry house of worship that is typical of most older and smaller churches that were built in the late 1800's and early 1900's. The subject improvement was constructed in 1906± with the interior consisting of a sanctuary with a seating capacity reportedly at 400± persons, sacristy and a balcony for additional seating. The finish is comprised of carpet flooring, paneled walls and vaulted, cathedral ceilings. The subject has a full basement area that is utilized for social functions at the church. The area consists of primarily a general open area with vinyl tile flooring and plaster walls and ceilings. The basement also is the location for the rrrechanicals including the boiler and electric service which is considered adequate. The church facility contains 4,926± square feet of gross building area on the first floor. Rectory: The first floor of the rectory contains the parish offices, kitchen facilities, dining room and bathroom areas and the second floor contains the living quarters. Overall, the rectory contains approximately 2,029-+ square feet and is considered to be in average condition. Adjacent to the rectory is a detached 4-car garage structure in average condition. School: The two story, former school building was constructed in the early 1950's and contains approximately 14,912± square feet of gross building area. The school facility is typical of most school buildings built in the 1950's have a masonry/block exterior and a flat roof. The subject contains classrooms, offices, cafeteria, and restroom facilities. Overall the subject building is considered to be in average condition. 47 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #5 Convent: The fanner parish convent is a one and a half story wood frame residential dwelling that is typical of most older residential living quarters in the neighborhood. The first floor of the former convent consists of living room, kitchen area, and bedroom with a restroorn also on the first floor and the second floor is comprised of bedrooms and a bathroom. Finishes are comprised of hardwood and carpet flooring in addition to some tile flooring with plaster walls and ceilings. Subject has a full basement that is utilized for storage. Overall, the former convent building is considered to be in average condition although, the property has had very little updating over the 201 years 1 -3954 PHOTOGRAPHS OF IMPROVED SALE 115 Church School K ectory Convent 48 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #6 Class Code: 620 Property Type: Religious Location: 2368 Eggert Road Tonawanda, NY County: Erie S.B.L. M 67,30 -2 -5.1 & 29 Sale Price: $750,000 Deed Stamps: $6,750 Deed Date: October 30, 2008 Deed Recorded: November 14, 2008 Grantor: Temple Beth Tedzek 621 Hartford Road Amherst, NY 14221 Grantee: St, Bartholomew's Christian Church 2368 Eggert Road Tonawanda, NY 14150 Liber/Page: 11152/3652 Zoning/Utilities: C -1 Restricted Business District and Parks, Schools Cernetery District/All Public Land Area: 2.78± Acres Age: 48± years - Actual Building Area: 37,102± sf Land/Bldg. Ratio: 5.53:1 Price /sf Bldg Area: $20.2± 49 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #6 Marketing Time: Less than 12 months Verification Source: Ben Borruso, Broker - Pyramid Brokerage Group Type of Construction: Masonry Year Built: 1960± No. of Buildings: One (1) Overall Rating: Average Financing: Cash or Equivalent Comments: This is the sale of the fanner Temple Beth Tedzek. Property was listed for sale with Pyramid Brokerage for $1,200,000 and was on the open market for less than 12 months. Building improvements consist of a one and two -story masonry religious facility located in a good commercial location with frontage on both Eggert Road and Sheridan Drive. Interior areas are comprised of a sanctuary area, meeting area, offices and school. Adequate off- street parking is available on -site. Property was purchased by another church in the town looking to expand. Sale is considered annsA length. I -4649 Front View PHOTOGRAPHS OF IMPROVED SALE #6. Rear View 50 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH. (continued) IMPROVED VALUATION IMPROVED SALE #7 Class Code: 620 Property Type: School Location: 257 Lafayette Avenue Buffalo, New York 14213 County: Erie S.B.L. M 99.27-3-9,1 Sale Price: $200,000 Deed Stamps: $1,800.00 Deed Date: December 31, 2008 Deed Recorded: January 3, 2009 Grantor: The Annunciation Roman Catholic Church Society of Buffalo, NY 18 Greenwood Place Buffalo, New York 14213 Grantee: 257 Lafayette LLC 257 Lafayette Avenue Buffalo, New York 14213 Liber/Page: 11154/267 zoning/Utilities: "R2'; Dwelling District /All Public Land Area: 0.69± acres Age: 80± years (actual) Building Area: 35,088± sf Land/Bldg. Ratio: 1.57:1 Price /sf Bldg Area Incl. Land: $5.70± 51 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #7 Marketing Time: Unknown Verification Source: Deed Examination, Assessors Records, Interior and Exterior Inspection Type of Construction: Masonry Year Built: 1928± Overall Rating: Average Financing: No unusual financing which would affect the validity of the sales price known Comments: Sale represents the transfer of the former "Annunciation" School. The property is located on the north side of Lafayette Avenue in the City of Buffalo, County of Erie, and State of New York. The site is improved with a three level, brick and rnasomy school building constructed in 1928 ±. The building has cut limestone and masonry entranceways on the east and west sides. The building contains 35,088± square feet of gross building area and is situated on an irregular shaped lot that contains .69± acres of land. After the sale the building was renovated into 20 loft apartments with 10,000 ±sf of commercial space. Parking was added along the buildings Lafayette Avenue frontage. Current rents are in the $850 to $995 per month range, The building was awarded National Historic Status which allowed for tax credits to finance its rehabilitation. The building was vacant at the time of sale and had been since 2005. At the time of sale the first floor consisted of classrooms, offices, a kitchen, cafeteria, lavatories, an activity room and a boiler room. There is original woodwork in the building including door and window frames and handrails for the stairs between the three floor levels. The second floor consisted of eight (8) classrooms, administrative offices and lavatories. Some of the classrooms are equipped with wall mounted sliding chalkboards. The third level consisted of classrooms, and a library. There are no restrooms located on this level. Interior finish consists of vinyl tile, carpeting, or terracotta flooring. Walls are painted brick or plaster. The ceilings are acoustic tile with a metal grid suspension system or plaster. Ceiling heights are between 12 ±' and 14 ±'. There is florescent lighting throughout the building. There is an older intercom systern in place that was not tested at the time of inspection. The building has a flat roof that is built up cornposition asphalt, tar, gravel and stone. The roof has several air ventilators, exhaust pipes and roof drains. There were no apparent leaks at the time of inspection. The roof has been well maintained and is considered to be in average condition. The subject is heated via two (2) hot water boilers that operate simultaneously. The building has three (3) conditioned and does not Have a sprinkler system. Knew 52 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #7 There is limited on site parking located at the northeast side of the building that is accessible on Parkdale Avenue. Site improvements consist of average seeded lawn areas, landscaping and 4' chain link fencing. Note there is limited parking on site parking, although green areas exist that could become parking in the future. PHO'T!QGRAPHS OF IMPROVED SALE #7 53 40 Days Park, Buffalo, New York Interior View Interior View SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #8 Property Type: School Location: 404 Edison Avenue Buffalo, New York 14215 County: Eric S.B.L. #: 90A2- 5-22.12 Sale Price: $550,000 Deed Stamps: $4,950.00 Deed Date: July 19, 2007 Deed Recorded: July 19, 2007 Grantor: The Breath of Life Ministry, Inc. 391 Edison Avenue Buffalo, NY 14215 Grantee: Community Charter School 404 Edison Avenue Buffalo, New York 14215 Liber/Page: 11132/110 Zoning/Utilitics: "R2 ", Dwelling District /All Public Land Area: 2.19± acres Age: 49± years (actual) Building Area: 29,025± sf Land/Bldg. Ratio: 3.89:1 Pricc/sfBIdg Area Incl. Land: $18.95± Class Code: 620 54 40 Days Park, Buffalo, New York SALES COMPARISON APPROACH (continued) IMPROVED VALUATION IMPROVED SALE #8 Marketing Time: Verification Source: Type of Construction: Year Built: Overall Rating: Financing: Comments: Unknown Deed Examination, Assessors Records Masonry 1955-1 Average No unusual financing which would affect the validity of the sales price known Sale represents the transfer of a one and two story school building located in an average location on the City of Buffalo's Fast Side. The building was built in 19%E and is considered to be in average condition. The site has adequate parking. The property was purchased for use as the Community Charter School. PIIOTOGRAPIIS OP` IMPROVED SALE#8 55 40 Days Park, Buffalo, New York �Iirrti o �- srfr�ti ii i n n.ke r_ 4vl o hit ('kFi'f � RIC. TSCO\'E\'Cts f: - •. F- r " ` ! u +I ! 3 7 ygt { !.iFAFi EI'fpihll'f'Ilfi }. `,�.. _., v; :: � � j: .'�s. .. i �3 SI..:• 4 1 5151PA1.1 (i 'Yl. T73FF1 .1f51['.115.f1 (Ai'Itll'f: �:r � _ : "5., '.. �� ,: ,•'.• r.l 11 •v :: r .. _... . � NSJIC iF'13 I "[(31h ti:33JECT . S•aLE I), AIY ?. - '.: SnLE \O.? ':411,1.. 1 NILE \f}.1 ..t1A?. ai.F \'0.d ,...sAJ.: t.4Lk h( <� iDd. �. 5.5LL. \O.c ,t3hi,:.- 45t.F.'�i}.' .tfAt; -: ' .xi F'. \9.1 I , Z �atissr.SLC car >rrralcTlrs ' [ j I I {E[ L.51DTq 3(.1L11i�f,k1'FHf •.t j �.1.: ... .'. - '_ r ' w i . "I { i =,.� .,. �+ '_� € J E o !il If !]15f: 5[Ef.S � FFFECTt%F. AGE;COND. I 1 EE d H a3 Cn Ca r i . LW.ATfOV p p} ., c c r .a f f . [ [ a a41 # # g g ! ♦ � E !.. . .. - - i d I •; ?A I.T PRIfE > >: . .. I 5 I 5 d H a3 Cn Ca SALES COMPARISON APPROACH (continued) ANALYSIS OF THE ADJUSTMENTS The eight (8) recited sales have indicated an adjusted sale price per square foot range of $6.60 to $18.34. The adjusted average sale price equates to $11.64 /s£ Sales #1, #3, #5, and #8 have been adjusted upward for inferior City of Buffalo locations as compared to the subjects Allentown local. Sale #6 is located in a good commercial local in the Town of Tonawanda and was adjusted downward. Sales #2, #4, and #7 were adjusted upward for inferior land to building ratio. Sale #5, #6 and #8 were adjusted downward for superior land to building ratios which allow for greater parking, recreational facilities or expansion. Sale IN was adjusted upward based on market indicators larger buildings tend to sell for less per unit than do smaller buildings. This sale is currently on the market for $950,000. Sales #1, #2, 43, #4 and #5 included church facilities along with school improvements. Typically church properties are less desirable due to there high maintenance and utility costs. As a result these sales were adjusted upward for inferior duality. All sales and the subject represent older properties. Sale #1 was adjusted upward for inferior condition. Sales #4 and 46 were adjusted downward for superior condition as compared to the subject. All other sales exhibit similar condition as compared to the subject property, Sale #7 was adjusted upward for inferior parking facilities. Sales #1, #2, #3 & #5 were purchased for benevolent purposes. The adjusted sales price of these sales ranged from $8.33 /sfto $11.20 /sf. Sales #4, #6 and #8 were purchased for use as schools and ranged fiom $9.06 /sfto $18.34/s£ Sale #7 ($6.60 /sf) was purchased for conversion to apartments. This building was originally listed for $450,000 or 12.82/sf. In addition to the recited church sales the following comparable listings are utilized as further support for the value conclusions. Listin Location L -I Mother of Divine Grace 100 Old Maryvale Dr Cheektowaga, NY L -2 St. Peter & Paul Church 86 Burlington Ave Depew, New York Ln3 104 Aurora St West Seneca, New York L -4 2784 Seneca Street West Seneca, New York L -5 105 Highland Avenue C/o Tonawanda, New York Buffalo, New York List Price Size SF List Price /SF $830,000 45,694± $18.16± $975,000 44,101± $22.101 $99,000 6,600± $15,00± $149,900 (Original) $22.71± (Original) $795,000 44,9051 $17.70± $175,000 27,983± $6.25± Auction Price 40 Days Park, Buffalo, New York 57 SALES COMPARISON APPROACH (continued) ANALYSIS OF THE ADJUSTMENTS Listings #l, #2 and #4 represent church properties that include a sanctuary, rectory and school buildings. These properties have been on the market for over a year with limited interest. Listing #3 is a former school building that was previously purchased in 2005 for $60,000 or $9.31/sf The property did undergo renovations since the 2005 purchase. Listing #3 was originally listed for $ 149,900, but has been reduced to $99,000. Listing #5 is a school building located in the Town of Tonawanda in an average to good location. The property was recently sold at auction (February 26, 2011) for $175,000 or $6.25/sf. The property had been marketed for several years with limited interest. Overall condition is considered average. Listing #6 is a school property located in a slightly superior North Buffalo location. Overall condition is considered superior to the subject. Photographs of the Coin arable Listings Listine #2 List►n #5 Listln #6 5s 40 Days Park, Buffalo, New York Usti n #1 SALES COMPARISON APPROACH (continued) ANALYSIS OF THE ADJUSTMENTS The subject property is located in the desirable Allentown neighborhood within the City of Buffalo. The appraisers are aware of two (2) interested parties looking to purchase the subject property for continued. use as a school. These parties include the Elmwood Village Charter Scbool and Savarino Development Corporation. The recited sales that were purchased for continued use as a school generally represented the upper end of the inarket range. Sale 7, 257 Lafayette Avenue, was a comparable building to the subject purchased for reuse as apartments. This sale indicated the lowest adjusted sale price of $6.60 /sf. Typically the renovation of school buildings for reuse is costly and questionably feasible. This development required government incentives and historic tax credits to complete. With the tightening of government budgets these incentives are expected to become increasingly difficult to obtain. As a result it is unlikely the subject property would be purchased for alternate uses. The subject property will require some updating and repair of deferred maintenance to reopen as a school. After consideration of the comparable sales for various differences to the subject, and an investigation of current comparable listings, a unit value of $15.00 per square foot is considered reasonable. Indicated "As Is" Value; 36,000 ±sf r@ $15.00 /sf = $540,000 59 40 Days Park, Buffalo, New York INCOME CAPITALIZATION APPROACH 11K ll".9l7i1�1 [il l The Income Capitalization Approach to value consists of methods, techniques and mathematical procedures that are used to analyze a property's capacity to generate future benefits (i.e. usually monetary benefits of income and reversion) which are then converted into an indication of present value. The Income Capitalization Approach has its greatest usefulness in the valuation of a property's income producing potential, recognizing the present worth of future benefits of ownership. This approach reflects the basic economic principle of anticipation. The benefits of owning specific rights in income producing real estate include the right to receive all revenue generated by the real property during the holding period (i.e. term of ownership) plus the proceeds from resale on reversion of the property at the termination of the investment. The Potential Gross Income (P.G.I.) for the subject property will be forecasted. P.G.I. "is the total income attributable to the real property at 100% occupancy before operating expenses are deducted ". (The Appraisal of Real Estate Thirteenth Edition.) Losses expected due to non - occupancy turnover and non-payment of rent by tenants are deducted from P.G.I. to arrive at the Effective Gross Income (E.G.I.). Operating expenses will be stabilized and deducted from E.G.I. to arrive at the Net Operating Income (N.O.I.). Net Operating Income is defined as "the anticipated net income remaining after all operating expenses are deducted from Effective Gross Income, but before mortgage debt service and book depreciation are deducted ". (Tlie Appraisal - aisal of Real Estate Thirteenth Edition). To arrive at the subject`s P.G.I., comparable rentals must be analyzed and adjusted for items of differences as compared to the subject property. Market rent is defined as "the rental income that a proper would most probably command in the open market; it is indicated by the current rents paid and asked for comparable space as of the date of the appraisal ". ( The Appraisal of Real Estate Thirteenth Edition). 60 40 Days Park, Buffalo, New York INCOME CAPITALIZATION AEPR®ACH (continued) The subject property is vacant. A survey of the Western New York area has been completed for schools that are tenant occupied and comparable to the subject property. Below in summary form are the comparable rentals considered most similar. Rental # Location Lease Term jjKt_(8_F_ Rent1SF Landlord Expenses 1 Confidential Confidential Confidential $10.50 Avg Exterior Maintenance Buffalo, NY Current & Base Year Insurance Charter School 2 266 Genesee Street 4105 -15 Yrs 67,238± $9.13 Exterior Maintenance Buffalo, NY & Base Year Taxes WN Y Maritime Charter School 160 Edward Street 1107 -6113 18,09-4± $3.86 Insurance & Ext. Buffalo, NY Maintenance City of Buffalo Board of Education 4 115 Ash Street 9103 -15 Yrs 90,000± $4.50 Structural Repair Buffalo, NY Pinnacle Charter School Subject 40 Days Park NIA 36,000± NIA NIA Buffalo, NY Anal As of the Corm arable Rentals The four (4) recited rentals have indicated an unadjusted rental range of $3.86 to $10.50. Rentals #1 and #2 represent renovated buildings considered far superior to the subject. Rental #1 is an older multi use building that was completely renovated prior to tenant occupancy at the landlord's expense. Total development cost was over $100 /sf. Rental # 2 is a renovated building in downtown Buffalo used as the WNY Maritime Charter School. The development had an overall project cost including acquisition and excluding the build out cost of an unfinished section at $3,960,886 or $48.31/sf based on total building area. Rental rates average $9.42/sf over the term of the lease. Rental #3 is the rental of the former Immaculate School located just southwest of the subject property. Rental #3 is considered most comparable to the subject property. The building was rented in "As Is" condition. Rental #4 is a renovated industrial building leased as a charter school. Landlord provided initial build out of approximately $1,000,000 for approximately 40,000 ±sf. The first five lease years averaged approximately $10.00 /sf to account for the landlords redevelopment costs. The remaining 50,000 ±sfwas built out at the tenant's expense. The current rental rate essentially reflects the "As Is" condition prior to the renovation. require repair prior to reuse as a school. Rental 93 is considered most comparable to the subject and is weighted heaviest. As a result the subject property is considered to have a "As Is" market rent of $3.50 /sf with the tenant responsible for any build out and all building operating expenses except structural repair. 61 40 Days Park, Buffalo, New York INCOME CAPITALIZATION APPROACH (continued) Analysis of the Expenses: Real. Estate Taxes: The subject property is currently exempt from. real estate taxes. Based on the established rental rate taxes are paid by the tenant. Insurance: Insurance expense for buildings comparable to the subject property would generally range from $0.15 1sf to $0.30 /sf. This expense is paid by the tenant. Legal /Audit: Legal expense is estimated at $1,000 per year. Utilities: This expense is paid by the tenant. Man getnent: Based on conversations with local management companies, real estate #inns and the review of similar projects, independent management for single tenant buildings can range from 2 % to 5 %v of the effective gross income. This expense is projected at 3 % of the effective gross income. Maintenance: This expense typically ranges between $0.60 and $1.50 per square foot to account for the repairs, grounds and snow plowing. This expense is paid by the tenant. Vacancy Expense: This expense is included based on the landlord having to pay for building expenses during tunes of vacancy. A 2% reserve will be held for taxes, insurance, utilities and maintenance. Structural Reserves: It is necessary to provide for the replacement of building components, fixtures and equipment items that will require replacement at least once before the economic life of the principal improvements expires. These replacement items include roof, HVAC and parking lot. Typical rescrves range between $.10 /sfto $.25 /sf. The subject is a older building requiring moderate maintenance. As a result a expense of $010 /sf is included in the cash flow analysis. Vacancy and Collection Loss Allowance: The vacancy and collection loss is an allowance for reductions in potential rental income due to space not being leased or rents that cannot be collected. The subject was vacant at the time of inspection. Considering the subject's location, condition and quality design, a stabilized 20% vacancy is considered reasonable. Tenant Improvements and Leasing Commissions: Typically, a tenant improvement and leasing commission reserve is held for tenant rollover at the expiration of leases. The appraiser will include a leasing commission reserve based on a 2.5% leasing cost. This is applied to the P.G.I. The appraiser's opinion of market rental is based on the tenant being responsible for their own retrofit costs, as a result no tenant improvement cost is included. 62 40 Days Park, Buffalo, New York INCOME CAPITALIZATION APPROACH (continued) The subject's income projection is included as follows: Income Pro'ecti©n Income Total Gross Income (36,000 ±sf @ $3.50) $126,000 Less Vacancy 20% 25 200 Effective Gross Income $100,800 Expenses Real Estate Taxes Tenant Utilities Tenant Insurance Tenant Snow Removal /Lawn Care/Maintenance Tenant Legal /Audit $1,000 Management @ 3% $3,024 Vacancy Expense @ 2% $2,016 Leasing Commission Reserve $3,375 Reserves for Replacement @ $0.10 /sf $7,200 Total Expenses $16,615 Net Operating Income $84,185 63 40 Days Park, Buffalo, New York INCOME CAPITALIZATION APPROACH (continued) MORTGAGE EQUITY ANALYSIS The true nature of a real estate investment, in most instances, consists of a combination of two types of capital: mortgage .money (debt capital) and equity funds (venture capital). These monies are paid, or invested, to acquire rights to parcels of zeal property (e.g., occupy, lease, develop, etc.) There are cases where investment consists solely of one type of capital but most investors use the mortgage /equity combination. Investors often meet purchase capital requirements by securing as much capital as possible in the form of mortgage funds (leverage), and then supplying the balance as equity money. The investment is money, not the land, bricks or mortar of the real property involved. The benefits that are anticipated from the investment involves periodic collections of net income. The property will produce gross revenues fi om which operating and fixed expenses will be paid, leaving a residual termed "net income before debt service ", or N.O.I. (net operating income). The net income is first applied to mortgage interest and amortization; the remainder is an equity return, variously termed "equity dividend ", "cash on cash ", or ` °equity flow ". Second, an investor expects to receive proceeds of the sale upon future disposition of the property. The mortgage equity procedure assumes income flow; overall property value may be assumed to increase, decrease, or remain stable. The technique permits conversion of a single year's income or a stabilized incorac into value by applying the following formula. 'value = Net O eratin Ineame Overall Capitalization .Date Source's Market Rates and Bond Yields 2114/11 US 5 Year Bonds US 7 Year Bonds US 10 Year Bonds US 30 Year Bonds Corporate Bonds (AAA) Prime Rate =Federal Reserve Statistical Release 2.37% 3.04% 3.62% 4.67% 5.21% 3.25% 40 Days Park, Buffalo, New York 64 INCOME CAPITALIZATION APPROACH (continued) MORTGAGEE UITY CAPITALIZATION (continued) E UITY RE UMMENTS PLUS INVESTMENT GROWTH OR DEPRECIATION The mortgage - equity procedure involves estimating the value of a property on the basis of both the mortgage and equity return requirements. This method reflects actual available. mortgage rates and investors requirements for equity dividends to develop an overall capitalization rate. The net operating income is capitalized by this rate to arrive at a value estimate. CAPITALIZATION PROCEDURE Before the arithmetic procedures can be illustrated, an identification of the current mortgage market, together with consideration of equity return required to attract venture capital, must be considered. MORTGAGE REQUIREMENTS Currently, lenders would require 300 to 400 basis points above the 10 -year T -bill rate (3.62 %) for mortgage lending. In discussions with local lenders and mortgage brokers, an investor or owner occupant with a good credit rating, should be able to secure a mortgage with a 10 -year payout at a 6.62% to 7.62% interestrate in an amount equal to 50% of the appraised value of the property amortized over 20 years. A 7.5% interest rate is adopted. PROTECTION PERIOD Based on our market research, a typical investment projection period for a property like the subject is between 5 and 10 years. For the purpose of this analysis, a 10 -year projection period is used. EQUITY YIELD_ REQUIREMENTS Equity return is a composite of dividend income and investment growth or depreciation; it is usually expressed as an annual compound rate, or percentage. An equity investor has potential for upside growth and, at the same tune, a substantial risk of loss flowing fiom the thinness of his position and its customary subordination to the requirements of operating expenses and debt service. Typical yield rates range from 10% to 30 %. An equity yield rate applicable to the subject of 20% has been adopted. APPRECIATION /DEPRECIATION No appreciation or depreciation is forecasted over the projection period, for purposes of estimating a capitalization rate. On the following page a capitalization rate will be derived utilizing the previously mentioned assumptions, under the "Band of Investment" buildup method. 65 40 Days Park, Buffalo, New York INCOME APPROACH TO VALUE (continued) Projection Period Equity Yield Rate Loan. Ratio Loan Tenn Loan Rate Appreciation/Depreciation MORTGAGE EQUITY CAPITALIZATION 10 20.00% 50.00% 20 7.50% 0.00% BAND OF INVESTMENT METHOD Capital Source Mortgage Loan Equity Portion Rate 0.50 x 0.0967 = 0.50 x 0.2000 = Weighted Rate = Less Equity Buildup through Debt Reduction Debt Reduction 0.3213 Sinking Fund Factor 0.0385 Loan. Ratio 50% Basic Rate Overall Rate — 40 Days Park, Buffalo, New York Cap Rate 0.0483 0.1000 0.1483 - 0.0062 0.1 421 14.21% 66 INCOME CAPITALIZATION APPROACH (continued) MARKET SURVEY METHOD The market survey method is a reliable indicator of current capitalization rates being forecast by real estate professionals in the marketplace. The 3` Quarter 2010 Investor Survey prepared by Realty Rates.Com for special purpose properties such as schools and daycare centers follows: 1 2nd Nut,, 20M Mi. Rea[tyRates.corn'" Copp)gtt 2610 Rc;tiytia eoscam — 36 --_. -- Realt y- Rates:Coin dicated- surveyed- capitalization- rateprangingf are generally institutional grade properties superior to the subject. 67 40 Days Park, Buffalo, New York CONCLUSION OF OVERALL CAPITALIZATION RATES Capitalization Rates based on mortgage equity requirements and the investor survey have indicated rates ranging from 6.11 % to 17.74 %. The subject is older and in need of upgrade for reuse as a school. As a result a rate at the upper end of the range is considered reasonable. An 15% overall capitalization rate is considered based on the quality of the subject's income stream. CAPITALIZATION PROCESS Value — Income Rate Value = $84,185 15% INCOME APPROACH VALUE INDICATION: $561,233 SAY: $560,000 (R) 68 40 Days Park, Buffalo, New York RECONCILIATION AND FINAL, VALUE 0 INION The most reliable approaches have been utilized to arrive at the subject property's Market Value in Fee Simple Title. These values are summarized as follows: Market Value Opinions: Cost Approach: Sales Comparison Approach: Income Approach: Final Opinion of Market Value: The Cost Approach is not cor and its current condition. NIA $540;000 $560,000 $550,000 sidered a reliable indicator of value due to the age of the subject property The Sales Comparison Approach is based on the assumption that a prudent buyer will not pay more for a property than it would cost to acquire a comparable substitute property. The appraisers have recited several school building sales in the Buffalo market area which provided adequate support for rendering a reliable value opinion for the subject property. The Sale Comparison Approach is considered the most reliable indicator of value. The Income Approach to Value is developed. The subject is currently vacant which resulted in an estimation of market rent based on comparable school rentals. Investors generally represent a small percentage of potential buyers for school type properties. These buildings are generally purchased by owner /users. While less reliable, the Income Approach further supported the Sale Comparison Approach. After considering all of the evidence and indications of value shown in this report and weighing the reliability of each, our opinion of the subject property's "As Is" Market Value, in Fee Simple Estate, as of February 14, 2011, is: FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000) Exposure time for the subject property is estimated to be 9 to 12 months. 69 40 Days Park, Buffalo, New York Omml1i7Tlfl Engagement Letter Qualifications of Appraisers ENGAGEMENT LETTER. ova' �pprais�t 3er�,ies A Division of ]uruminger, Newt914 fawn, gygr, Inc, 950 A Union Rnd, guito 21 OU111410, MY 14224 Ph; (716) 6854500 —Fax 13134 220.0144 LETTE]i OF ENGYA CYE T This contraotfs binding upon Arrow Appraisal Service Ino. hordn retorted , ss The ApP ; and City of�ufgDlo, C!p J•olra Htarrnon, Ilcrehr retorted tp asThe Client, The Appraiser agrees to provide written Self- aongained Appraisal Report on the following properiy: Z?temetttary School located at 40 Days Dark, SuMle, NY. It will conform with and be subject to the requlmments.of the Code afProfeasiana113thies and Standards ofprofess €oaal CorrduttofThe Appraisal Institute, I. The Appraiser agrees to dogiver oc pies oftho report to The Client opproximuoly 15 business days from the date this contraot is signed by both The Appraiser and The Clit-nt, 3. It is estimated that the fee will be $ 3 ,000. The fee is reflective of the actual time to oomplete the report and is not conneotod with anq value ocnclusion, Any ftAth eradditionai work required or updatos ofthe report will be completed at a fee to be agreed upon by both parties to this contract. 4, no Client agrees to pay The Appraiser the go as followat $ 3,000 for the Gur Ap Appraisal . rY pp ap 5. The Appraiser herein shall not be regalrtd to give testimony or to attend any Mfloor private hearing in court with reference to the property uniess a SUpplearontal Employment Agmement has been ncgodated. d, In the event The Appraiser is subpoenaed or otherwise required to give tasdmogy or to attend any publio or private hearingas a result of hGAng prepared this report, The Client arm to pay The Appraiser$ f50A per hour ($ 750. 00wNimum) for attendaneoortestimonymquired. 7. it is fhrtheragned and understood that ifany portion of the compsmation or costs due to The appraiser becomes delinquent, The Client will pay interest thereon atthe rate of I4%psr annum on said account from the due date until paid, and further agrees to pay oil casts ofcolleolion thereof, including reasortablo attomoy's fees, court costa sic, 9. In the event that The Client des €ted Mantel this contract, wrilion notics thereofshatl be delivored to The Appraiser, and it is agreed that The Appraiser shall rtMvt compensation from The Client for all terviets rendered fortho time actually spent prior to receipt of %vrittm not to stop work, plus all oasts advanced In connection with said work prior to reoeipt ofsueh written peace, Accepted bk- The C City f uf�la � Dato G Sohn Hannon The A er �rhnukovrst<i, MAI, SRA, IAt3 _ 1}ate Curriculum Vitae of John Zuko-,ysh.i MAI SRA. IA® Res&rrEAIions Member of the Appraisal Institute - MAT Senior Residential Appraiser - SRA Appraisal Institute Institute of Assessors Office- IAO NYS Assessor's Association Certification: New York State Certified R.E. General Appraiser since 8/27/91 State certification #462951 New York State approved instructor of Real Estate Appraising Appraisal Foundation Certified USPAP Instructor Instructor ID# 10129 Affiliations: 1. Appraisal Institute - Member and Metro Buffalo Chapter President 1993. 2. Qualified Fee Appraiser with U.S. Department of Housing, ID #2064, 1985 to present. 3. Qualified Fee Appraiser with Department of Veterans Affairs, 4. New York State Assessor's Association and International Association .of Assessing Officers Exr to ent Fee appraiser for Arrow Appraisal Service since 1983. President of Arrow Appraisal Service from 1987 until merger in 2010. Vice President of Emminger, Newton, Pigeon & Magyar, Inc. since 2010. Courses Completed Real Estate Course - Niagara University 1983. Appraisal Institute - Introduction to Appraising Real Property - University of Buffalo 9/22 to 12/10/83. Appraisal Institute - Applied Residential Property Valuation - University of Buffalo 3/4/85 to 4/20185. Appraisal Institute — Principles of Inc. Property Appraising- University of Buffalo 9/17190 to 1 1/ 17/90. Appraisal Institute - Appraisal Principles Faculty Workshop- Andersen Worldwide Ctr 4/1193 to 4/4/93. Appraisal Institute --- Appraisal Principles- Medaille College 3/8/93 to 4/19/93. Appraisal Institute - Advanced Applications- Orlando, Florida 517/95 to 5/13/95. Appraisal Institute -w Stand, Of Professional Practice Pain A (USPAP) 2/14196 to 2/17/96. International Association of Assessing Officers - IAAO Faculty Worksliop7 /23/99 to 7/26/99 Appraisal Institute — Advanced Capitalization e Chicago — 2117/00 to 2124100 Seminars Completed R -41B SREA Seminar 1986, Narrative Report Writing Seminar Montreal Canada 8/87. SREA Professional Practice Seminar 7190. Appraisal Institute Professional Practice Seminar 9/91. Appraisal Institute Appraisal International 7/27/92. Tax, Laws 7 /2892. Valuation, Income 10/16/93 Law, FIRREA 10/16/93. Economy, Local Trends 10/16/93. The New Uniform Residential Appraisal Report 12116193, Assessment, Easement 11/15/94. Analysis, General 9 /29/95. New Industrial Valuation 4/11197, The Comprehensive Appraisal Workshop 7130/97 — 8/3197. Valuation of Detrimental Conditions 10/21/98. On -Line Appraising from Blueprints 12/15/99 — 1/14/2000. Appraisal Foundation Instructor Certification Seminar 3/1/02 to 313102 Case Studies Appraisal Institute — 6/13/2003 Scope of Work Appraisal Institute — 6/2312003 Curriculum Vitae of John Zukowski, MAI4 SRA Its® National Level.Appraisal Instructor Experience Cusack Training Center (continuous course cycle since 1993) R- I Introduction to Residential Appraising (30 hours) R- 2 Residential Appraisal Theory (30 hours) R- 3 Applied Residential Appraisal (30 hours) R- 4 Residential Income Property (30 hours) AQ -1 Fair Housing and Environmental Issues (15 hours) G -1 Introduction to General Appraising (30 hours) G- 2 General Appraisal Theory (30 hours) G- 3 Applied General Appraisal (30 Hours) Standards of Professional Appraisal Practice and Ethics (15 hours) Continuing education modules eve hours) Appraising Vacant Land, How To Use H. P. 12 C. Calculator, Understanding Operating Income Statements, Review Appraisal, Subsidized Housing Seminar, Appraising Residential Income Properties, Testing as an Expert Witness, New Construction Appraisal, And Developing Gross Monthly Rent Multipliers from The Market. New York State Assessors Association (various course cycle since 1994) (Seminars and Course throughout New York State — including Cornell University) R- I Introduction to Residential Appraising (30 hours) R- 2 Residential Appraisal Theory (30 hours) R- 3 Applied Residential Appraisal (30 hours) R- 4 Residential Income Property (30 hours) G- I introduction to general Appraising (30 hours) G- 2 General Appraisal Theory (30 hours) G- 3 Applied General Appraisal (30 hours Standards of Professional Appraisal Practice and Ethics (15 hours) Continuing education modules (seven hours) Subsidized Housing Seminar; Reading In Understanding Leases, Appraising Partial Interests and New Construction Seminar, Restaurant Valuation, C -Store Valuation I. T, W. — Instructor Training Workshop Appraisal Institute (from 1994) Developing gross monthly rent multipliers f orn market Justifying the adjustments Easements and Encroachments Seminar International Association o Assessin Officers (Since1998) (Seminars throughout the United States and Canada) Continuing education modules (seven hours) Developing Capitalization Rates, Valuation Apartment Buildings, Reading Understanding Leases, Estimating Assessments From Blueprints And Specifications, Restructuring Income And Expense Statements, How To Critique And Appraisal Being Used To Challenge Assessment, Utilizing Marshals With Manuals and Cost Approach, And Testifying As An Expeit Witness. APPRAISAL QUALIFICATIONS OF C11IIl<ISTOPHER J. WANDREA EDUCATION /ACADEMIC BACKGROUND- Col lege. University of Buffalo - Bachelor of Science ® Aerospace Engineering - February 1990 Erie County College - Associate Degree 0 Engineering Science - May 1987 Appraisal Education Completed New York State Real Estate Salesperson's - Qualifying Course - March 1990 Completed Introduction to Appraising Real Property - Course 101 - March 1991 Completed Applied Residence Property Valuation - Course 102 - November 1991 Completed Capitalization Theory - Part A - June 1992 Completed Capitalization Theory - .Part B - June 1992 Completed Case Studies in Real Estate Valuation - October 1992 Completed Report Writing and Valuation Analysis - October 1992 Completed Highest and Best Use and Market Analysis - February 1994 Completed Standards of Practice and Ethics - March 2009 Professional Activities and Memberships: State Certified General Real Estate Appraiser No. 46 -10759 Ten years experience in commercial and residential construction. APPRAISAL QUALIFICATIONS OF CHRISTOPHER J. WANDREA Experience: 1990 -1991 Independent Fee Appraiser for Hansen Appraisal Service. Prepared various residential appraisals including Fannie Mae, Relocation, and detailed narratives. Duties included market research, feasibility studies, demographical analysis, and site inspection. 1991-1997 Independent Fee Appraiser for Howard P. Schultz & Assoc. Real estate appraisals and consultation on commercial, industrial, residential, and special purpose properties for various uses including mortgage financing, foreclosure, marketing, easements, assessment, insurance, condemnation, right of way, leasehold analysis, and reviews. 1995-Present Fortned CJD Real Property Inc. specializing in assessment consultation and residential property rehabilitation. 1997-1998 Senior Staff Appraiser -- Emminger, Hyatt, Newton & Pigeon, Inc. 1998-1999 Senior Real Estate Analyst — AMERESCO Mortgage Co. Commercial Mortgage Underwriter, $1,000,000 to $100,000,000 single asset and portfolio lending. Northeast region. 1999 —Present Senior Staff Appraiser — Emminger, Hyatt, Newton & Pigeon, Inc. Appraisal Profile: Multiple Family Residential & Apartment Buildings Stone Quarry/ Sand & Gravel Mines Concrete Batch Plants Public & Private Golf Courses Regional Shopping Malls Strip Plazas & Discount Retail Outlets General & Medical Office Buildings Warehouse & Cold Storage Facilities Light Industrial/ R & D Facilities Condominiums Banks Residential Subdivision Farms & Vacant Land Industrial Parks Hotels & Motels Funeral Homes Automobile Dealerships Various Mixed Use Residential & Commercial Properties APPRAISAL QUALIFICATIONS OF CHRISTOPHER J. D'ANDRFA (continued) Roresentative Clients: Fleet Bank, N.A. Citicorp, N.A. Key Bank of Now York, N.A. Town of Tonawanda Credit Facts Dupont Corporation William J. Cunningham, Jr. Reynolds Carolina Credit Boatmans Management Corporation The Massachusetts Company Federal Deposit Insurance Corporation Sorrento Cheese City of Buffalo Town of Hamburg Arthur Mussara, Attorney Lockport Savings Bank State Farris Fire and Casualty Various Third Party Residential Transfer Corporations Marine Midland Bank - Western Division, Buffalo, New York Resolution Trust Corporation Homequity Lockport Savings Bank Chemical Bank M & T Bank - Manufacturers & Traders Trust Co., Buffalo, New York GMAC SoPark Corporation Sherson Lehman Hanover Insurance Company Niagara Frontier Transit Authority Management Trust Corporation Clarence Materials Corporation Pine Hill Corporation Attorneys and Individuals Numerous Corporations Insurance Companies Mr. Fontana moved: That the above communication from the Appraisal Review Board dated May 11, 2011, be received and filed; and That pursuant to §27 -5 of the City Charter, the Coalman Council hereby accepts and approves the Appraisal Review Board's recommendation that the value of the City's interest in the property located at 40 Days Park is $550,000.00 and shall be the amount paid for the release and conveyance of said property by an interested purchaser. Passed. 5 TAB:niiv t:\Nvp60\mskvord\nnv\5c5-17a.dou maj - S 2 /3- 6 3/4- 7 *AYE *CIO* FONTA A. FRAN GOLOMEBEK E & LO TO P GEN RIVERA RUSSELL � S *D 00(l #2 (Rev. 1103) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 9, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 2315 Bailey, 60'S Navel Lot Size: 30' x 115' Assessed Valuation: $5,900.00 (F� stet) V4'iv The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Leonard Carpenter and Ms. Joy Kelly, 138 Seymour Street, Buffalo, New York 14210 to purchase the above referenced properties. Mr. Carpenter and Ms. Kelly own a two family house at 2317 Bailey, which is adjacent to 231.5 Bailey. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale, There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($.70) to One Dollar and Twenty Five Cents ($1.25), per square foot. Mr. Carpenter and Ms. Kelly have agreed and are prepared to pay Three Thousand Dollars ($3,000.00), Ninety Cents ($.90) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 2315 Bailey to Mr. Carpenter and Ms. Kelly in the amount of Three Thousand Dollars ($3,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck. Repsa le2315bai €eylre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC P G REFERRED TO THE ON COMMITTEE M l s DEVELOP 0000") #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 11, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale. 125 Spruce, 277' S Genesee Lot Size: 25'x 106' Assessed Valuation: $1,300.00 127 Spruce, 252'S Genesee Lot Size: 25'x 106' Assessed Valuation: $1,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203 to purchase 125 and 127 Spruce. Tatanka Development Company, Inc. own properties in the surrounding area and intends to maintain and landscape 125 and 127 Spruce and use 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. Tatanka Development Company, Inc. has commissioned Kathleen Vail, real estate appraiser, of Arrow Appraisal Service to estimate the fair market value of the subject properties. She has estimated the Fair Market Value to be Two Thousand Five Hundred Dollars ($2,500.00), Fifty Dollars ($50.00) per front foot. The Division of Real Estate concurs with the appraiser's estimate of value. Mr. Burton on behalf of Tatanka Development, Inc. has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Fifty Dollars., ($50.00) per front foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 125 and 127 Spruce to Tatanka Development Company, Inc. in the amount of Two Thousand Five Hundred Dollars ($2,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: JOHN P. HANNON, JR, DIRECTOR OF REAL ESTATE OFFICE O_,STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: JPH:ck REFERRED . Reportsa lei 25 &127sprucelrea[ ON C t COMMITTEE OMMUNITY DEVELOPMENT, ft { 1 . City Clerk's Department BUFFALO May 20, 2011 b Pursuant to the provisions of Section 3 -19 of the Chador, I present herewith the attached resolution item. lit©. 8 Strat Plan- Report of Sale 199 Stanislaus {Fill} PASSED May 17, 2011 2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 9, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 199 Stanislaus, 28' E Rother Lot Size: 28' x 100' Assessed Valuation: $1,400.00 The Office of Strategic Planning, Division of Real Estate has received a request from Ethiopian Orthodox Tewahedo Church of Buffalo Medhanealem, Mequanint Kassa, 197 Stanislaus Street, Buffalo, New York 14212 to purchase the above referenced property. The church is located at 197 Stanislaus, which is adjacent to 199 Stanislaus. They intend to use the vacant lot for recreation in connection with the church. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Ethiopian Orthodox Tewahedo Church of Buffalo Medhanealem has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty Five Cents ($,46) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 199 Stanislaus to Ethiopian Orthodox Tewahedo Church of Buffalo Medhanealem in the amount of One Thousand Three Hundred Dollars ($1,300.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsalel99stanislauslre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING f � maj - 5 2/3- b 3/4- 7 LOCURTO PREDGE Y � RIVERA RUSSELL S AHM City Clerk's Department BUFFALO May 20, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO N.�M. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 9 Strat Plan- Report of Sale 1072 Sycamore (Fill) PASSED May 17, 2011 Gerald A Chwalinski City Clerk Q #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 9, 2011 FROM: DEPARTMENT DIVISION Office of Strategic Planning Real Estate SUBJECT: Report of Sale 1072 Sycamore, 71. Lot Size: 37'x 104' Assessed Valuation: (Fillmore District) 94 E Sobieski $1,800.00 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed lgbal, 1076 Sycamore Street, Buffalo, New York 14211 to purchase the above referenced property. Mr. Igbal owns and resides at 1076 Sycamore, which is adjacent to 1072 Sycamore. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar ($1.00), per square foot. Mr. Igbal has agreed and is prepared to pay Three Thousand Dollars ($3,000.00), Ninety Cents ($.90) 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 1072 Sycamore to Mr. Mohammed lgbal in the amount of Three Thousand Dollars ($3,000.00). 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 ESTATE OFFICE OF STRATEGIC PLANNING f SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsa fe 1072sycarmrelre Cr C Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 9, 2011, be received and filed; and That the offer from Mr. Mohammad Iqbal, residing at 1075 Sycamore. Street, Buffalo, NY 14211, in the sum of Three Thousand Dollars ($3,000.00) for the purchase of 1072 Sycamore Street, be and hereby is accepted, and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. Passed. 9 TABsn,v t:lWp6©lrns%vordiniiv19c5 -1 7a.doc d MAY 3 1 2011 , ` � ! ]'~` * City Clerk's Department BUFFALO May 20, 2011 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 10 PASSED May 17, 2011 Strat Plan- Rescind Sale & Forfeit Deposit 1336, 1338, 1340 & 1342 Seneca (Lov) Gerald A Chwalinski City Clerk Hui rfld 00010 f #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 9, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 1336, 1338, 1340 & 1342 Seneca Lesenka Property Management (Lovejoy District) PRIOR COUNCIL REFERENCE: Item #5, C.C.P. 2/16/10 In the above referenced item Your Honorable Body approved the sale of 136, 1338, 1340 and 1342 Seneca to Lesenka Property Management, Mr. Joseph Bridenstein, 1345 Seneca Street, Buffalo, New York 14210. Several notices have been maiied to Lesenka Property Management to finalize the sale and close on the transfer of title. Final notice was sent on March 15, 2011 advising that failure to respond to close on the transfer of these properties would result in rescinding the sale, forfeit the Three Thousand Dollar ($3,000.00) deposit and return the properties to our inventory for future sale. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 1336, 1338, 1340 & 1342 Seneca to Lesenka Property Management, the deposit be forfeited and the properties be returned to our inventory for future sale. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE TRATEGIC P NG f SIGNATURE OF DEPARTMENT HEAD :�° JPH:ck Rescindforfe itdepl336- 1342senecalforms Mr. Fontana moved: That the above communication from. the Office of Strategic Planning dated. May 9, 2011, be received and filed; and That the sale of 1336, 1338, 1340 and 1342 Seneca Street to Lesenka Property Management (Mr. ,Joseph Bridensteiii) located at 1345 Seneca Street, Buffalo, New York 14210, be rescinded and the deposits be forfeited and the properties be returned to our inventory for fixture sale. Passed. 10 TAB :rfn tA%vp6Nnswordlmvl! 00- 17a.doc MAY 3 1 2011 ,\ / * AYE' * NO * I FONTANA e * x � FRANCZYK A * R . a GOLO kK * . . . .� KEARN . a . LOTTO ^ ® � m PREDGEN & - ` a a . e RUS SELL ® & ® I ma �5 2/ 3- 6 . A 4- 7 2 # ■ FROM THE COMPTROLLER May 17, 2Q 11 ##1 (Rev. 1/93) TO: FROM: 000- 1. _z i= SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL HATE: May 6, 2011 DEPARTMENT: Audit & Control DIVISION: Comptroller,. SUBJECT: 2010 -2011 Third Quarter Gap Report We have reviewed the Administration's 2010 -2011 Third Quarter Gap Report and are filing our review and summation as required under the City's Charter. The Gap Report projects a $3.7 million surplus for the current year ending June 30, 2011 based on projections for the period April 1, 2011 --- June 30, 2011, assuming use of $12 million fi - om fund balance as a budgeted resource. The anticipated timing of certain receipts and certain expenditures are unknown to my office. As such, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration. Based on our analysis of historical information, as applied to balances reported as of and for the period from July 1, 2010 through March 31, 2011, there are certain revenues and expenditures where our trend analysis differs from what is reported in the Gap Report. Specifically, the revenue items that are trending as exceptions from the projection in the Gap Report are increases in gross utility tax revenue, offset by decreases in miscellaneous revenue. Expenditure items that are showing positive budget variances are personnel services, and fringe benefits. However, these figures do not include an accrual for unsettled contracts which we estimate at approximately $21 million for the current year. Our projection for the fiscal year ending June 30, 2011 if the financial results continue this trend over the next 3 months is an operating deficit of approximately $3 million, which when added to the accounting accrual for unsettled contracts will result in a $24 million deficit on a GAAP basis (Generally Accepted Accounting Principle). Once we account for the use of $12 million of fund balance as a resource as included in the current budget, the net budgetary deficit at June 30, 2011 is anticipated at $12 million. Additionally, the $14 million liability as a result of the Rinaldo settlement, will further decrease fund balance for the period ending June 30, 2011, We caution you that changes may still occur over the next three months that could affect fund balance. Department Head Name: Darby Fishkin Signature of Department REFERRED TO THE } 000 1 6 TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE: May 9, 2011 SUBJECT: Comptroller's Budget Response ---- 2011 -2012 As required by Section 20 -7 of the City Charter, I am filing with your Honorable Body my assessment of the Mayor's proposed budget for 2011 -12. Overall, I believe the Mayor's recommended budget for 2011 -12 is reasonable given the state of our economy, and I commend the Mayor for his conservative budget proposal in these uncertain economic conditions. I also urge the Common Council and the Mayor's Administration to continue working together to perpetuate the positive fiscal progress the City has made. This budget represents an increase of only .4% or $1.8 million over the prior year's original adopted budget for both revenues and expenditures —a prudent margin considering the loss of crucial State aid. The revenue increase is mostly attributable to increases in utility tax revenue, revenue from a proposed red light camera system, use of AIM funds from the Buffalo Fiscal Stability Authority, and increased transfers from the Parking Enterprise Fund. These increases were offset by decreases in sales tax, property tax, and State aid. The increase in budget appropriations is mostly due to the $5.8 million increase in fringe benefit expenses, largely attributable to rising pension costs, but offset by a decrease in personal service costs. We must note that there is no increase in appropriations for unsettled labor contracts. Additionally, we noted that the maintenance of buildings may be underfunded at $424,000. (The Administration increased the budget in the past two years by $675,000 and $866,000 to cover building maintenance needs during the year.) With respect to the Four Year Financial Plan, we caution the heavy reliance on fund ..__._ balance. While efficiencies and new revenues have been included in the Four Year Financial Plan as gap closing measures, they are not significant enough to offset the depletion of our unreserved, undesignated fund balance. Our options are limited due to state aid reductions and a significant increase in pension costs, but the use of fund balance on a continual basis is still distressing. The Four -Year Plan assumes use of $48.8 million in fund balance, depleting almost all of the unreserved, undesignated fund balance, which at June 30, 2010 totaled $49.9 million. (It should be noted that the final year of the Plan indicates a $5.6 million surplus; that would reduce the need for fund balance usage from $48.8 million down to $43.2 million.) We must seek more revenue options to offset this. In order to :retain the high credit rating that we have established over the last decade, we must find alternatives to this current reliance on "one shot revenues" such as the use of fund balance. We recognize that the City has few choices available for growth revenues and strongly ._-_ -_ it_ _ A �__ including conducting a "revenue vs. expense" analysis of City service charges such as garbage f fees. We note there is a degree of urgency in analyzing any type of fee change so rate restructuring can occur over a period of time and not all at once. We applaud the Plan's reengineering effort in evaluating City buildings; a review of the business use vs. the number of buildings in our inventory will help the City streamline the level of service required by our population. Such actions are necessary not only to insure our fiscal stability but also to responsibly serve the citizens of Buffalo. We noted the reduction in non - homestead tax rates; with no new growth revenues imminent, this exhibits a wise attempt to incentivize commercial growth. Property taxes are one of the City's only growth revenues and, as such, it is reasonable for the implementation of a 2% property tax rate increase in the last two years of the plan given the budget gaps that lie ahead. Given the State's current fiscal instability, however, it is not reasonable to assume increase in State aid in the last two fiscal years of the Plan. We also noted that the resource of $5.3 million in revenue from the Parking Enterprise Fund continues throughout each year of the Mayor's Four Year Financial Plan, The Parking Enterprise Fund's net assets have been increasing by approximately $4 million each of the last few years, leaving a $1.3 million shortfall in the revenue transferred each year to the General Fund, The Solid Waste Fund has not yet become a self-sufficient fund, as was originally intended. As such, the City taxpayer carries the burden of this enterprise fund. Conceptually, the cost of this operation was supposed to be supported by the broader user -fee base. Currently, however, it continues to require resources from the General Fund to cover operating deficiencies; as of June 30, 2010, $15.8 million of fund balance has been reserved to eliminate the accumulated interfund liability related to the ongoing deficit in the Solid Waste Fund. The City's outside auditors expect to see a deficit reduction plan for that liability. The current Four Year Plan again includes a transfer from the General Fund in each year in the amount of $3.2 million to cover current -year anticipated shortfalls, but not to reduce the deficit. We understand that a new recycling contract is expected to be finalized in early fiscal 2012 such that operating expenditures should decrease; when this occurs, the $3.2 million transfer should then be used as part of a formal deficit reduction plan, steadily decreasing the accumulated deficit. We believe overall, based on our review, that the Mayor's current proposed budget is prudent and reasonable in its estimates of the City's anticipated revenues and expenditures; however,we are concerned with the depletion of fund balance that continues throughout the Proposed Four Year Financial Plan, without adequate revenue to replenish it. DEPARTMENT HEAD: Darby Fishkin TITLE: Deputy Comptroller SIGNATURE OF DEPAR REFERRED T THE_ COMMITTEE F VVHOLE 3 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION May 17, 2011 CITY OF BUFFALO Department of Assessment.and.Taxati«n... Departmental Correspondence TO: Richard A. Fontana, Chairman, Common Council budget Committee FROM: Martin F. Kennedy, Commissioner DATE: April 29, 2011 Information for Common Council 2011 -12 Budget Hearings Pursuant to your memo dated April 18, 2011 regarding upcoming Common Council budget hearings, the following information is supplied by the Department of Assessment and Taxation in response to requested materials. list ofall em to ees as i ned a m b telec mmunications evice ®a chart of each employee with details is attached A list of employees assigned take -home city vehicles -this department does not have city vehicles to assign to staff. Staff utilize their own personal vehicles when necessary to perform their duties and are compensated according to the terms of .Local 650 contract. A list of eMDloyees gssigpgd gas. debit. charge, procurement ards or transportatio p— asses m this department does not utilize or dispense any of these items to employees ® A list of contemplated travel - no action in this regard is contemplated or planned A list of positions remaining vat nt and duration of vacancy _ a separate chart containing this information is attached * A list en cy P there are no staff members in this category ® A list of staff drawine salary fully or oar°tiallv_funded.hv grant funds - there are no staff members in this category A Iist, a „11, person. service contracts - the department does not have any such contracts l ist of a staff for whom a N form CSC-20 hasbegn filed - there are no indiv d zal .assoeia wiih_th�depart�mentwhc fail into ca t gory- MK /rjz Attmts REFERRED TOTHE IAL COMM ITTE E ON BUDG Vb Senior Asse Account Cli Clerk !rk Typist Assessor (Anticipated) I Assessor (Anticipated) ................... ASSESSMENT AND TAXATION VACANT POSITIONS.xlsx 7/30/2010 Incumbent retired effective 7/30/10; we anticipate filling this position from a candidate currently on the eligible list 1/19/2011 Incumbent took lateral transfer to EDPIS effective 1/19/11; personnel requisition pending 2011 Vacancy will be created by promotion of current employee on the Senior Assessor Eligible List 2011 Vacancy will be created by promotion of current employee on the Supervising Assessor Eligible List ... ........ ........ . ... 4/29/2-011 LAPTOP ASSIGNMENTS Laptops _AirCardNumbers4BUDGET.xds C9TYOFB LNAME ; CUTRONA I GAROZZO- PA?YNE GILLiG HANNON CARROLL JACKSON KENNEDY NOT CURRENTLY ASSIGNED NOT CURRENTLY ASSIGNED LOFASO MARTZ MARTZ ROBINSON JR SULLMAN FNAME CHARLES MAR LA DAVI® KEVIN BOGUSiA MARYC. MARTIN F. ANN MARIE DAVID JEREMY MOSES BRIAN INVENTORY# 052737 852735 052742 055891 052739 052741 052740 052734 052733 052744 052736 058892 052732 052738 LAPTOPSERIAL# 5CNOAGO83257 5CNOAGO63274 SCNOAGO63279 BFX- 9C6112 5CN6AG053258 5CNDAGO63255 SCNDAGO63281 5CNOAGO63267 5CNOAGO63269 SCNOAGO63259 5CNOAGO63256 BFX- 9C8113 5CNOAGGS3280 5CNOAGO63275 AIRCARD 462 -6325 462.8344 462 -8441 392 -4157 4624 431 462 -8372 462 -8440 462 -8343 462 -8267 462 -8305 462 -8261 392 -4823 462 -8374 462 -8330 VENDOR & PLAN Verizon Wireless unlimited data allowance; $31.21/Month Verizon Wireless; unlimited data allowance $31.2y1month Verizon Wire €ess; unlimited data allowance; $31.21ftnonth Verizon Wireless unlimited data aili3wance; $31.271raonth Verizon Wireless unlimited data a 4 iow2115e $31.211month Verizon Wreless; unlimited data allowance; $31.21imonth Verizon Wireless; unlimited data allowance $31.271month Verizon Wireless; unlimited data allowance; $31.211month Verizon Wireless; unlimited data allowance: $31.21 /month Verizon Wreiess; unlimited data allowance; 1.21 month Verizon Wireless; unlimited data allowance; $31,21 /month Verizon Wireless unlimited data allowance; $31.211month Verizon Wireless: unlimited data allowance; $31.21tmonth Verizon Wireless; unlimited data allowance; $31.21fmorith Valuation stagt (assessor and appraisers) are assigned a city -owned laptop and a Verizon air card for use in per€orming their duties while off -site. The air card allows the laptop to connect to the various city databases needed when reviwing and valuing properties 1 I Laptops _AirCardNumbers4BUDGET.xds FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS May 17, 2011 0 0 0 .. -4 iYRON W. BROWN MAYOR CI'T'Y OF BUFFALO DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS Honorable Chairman Fontana, Common Council Budget Committee May 6, 2011 In response to yo Memo dated 4/18/11, following is the list oinformation for Department of M.T.S. employees 1) Mobile Communication Devices Name Title Device Plan Raj Mehta Director Blackberry Verizon data plan - $62.99 per month - Peter Barone Supervisor of Data Processing Operations Blackberry Verizon data plan - $62.99 per month James Se uin System Administrator Blackberry Verizon data plan - $62.99 per month Herb Richardson System Analyst Blackberry Verizon data plan - $62.99 pet month 2) No M.I.S. employee is assigned a City vehicle of any type. 3) Cards --No M.I.S. employee is assigned a Gas or Charge card of any type 4) Travel: Limited by our travel related budget appropriation MIS staff does not have any plans for travel in upcoming year, 5) Vacant Positions — - a) Chief Information Office — Being filled on acting basis by Director Raj Mebta since March 2008 b) Special Assistant to CIO — Vacated in October 2010 by Khalil Cottman, 6) MIS employees working for other agencies also — none. MIS has no employees, appointees or officer who draws a separate salary from an allied city agency, 65 NIAGARA 5 ILI f� X Q 51 -4836 FAX: (716) 851 -5472 / wmv.6ty- buffntoxom `r a W f COMM n � 7) MIS employee's salary subsidized by grants — none. No MIS employee, officer or appointee whom receives a portion of their salary from grant funding, 8) personal Service Contract: MIS has a personal service contract with Mr. Gerald Hughes for consulting on network related issues and advice on DSN and firewall setup and configuration of Virtual servers. Mr. Hughes charges $3000 per month and the contract can be terminated at any time. 9) MIS employees required to fill esc20- none. MIS has f.o employee, appointee or officer who is required by Retirement and Social Security Law to submit a CSC -2€1 form. Sincerely, f Raj Mehta, Director I Acting Commissioner f FROM THE COMMISSIONED. OF PUBLIC WORKS, PARKS AND STREETS May 17, 2011 040. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 11, 2011 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx C.C.P. xxtxxJxx PERMISSIVE PARKING e INSTALL [: Notification. Serial # 10553 [: Install Metered Parking [: on Ellicott Street, east side [: between East Tupper Street [: and Goodell Street j: (excluding existing No Parking [: and No Standing areas) [: (Ellicott District) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Period of Metered Parking Rate of Metered Parkin Ellicott Street, east side 2 Hour Parking Rate C between East Tupper Street 5:00 am to 5:00 pm $1.00 per hour and Goodell Street Monday - Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in order to provide new short term metered parking spaces in a high demand area as requested by the Buffalo Employment and Training Center. Parking in this area is currently unrestricted. SJS/PJM/EDS CC: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Peter J, Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns10553.doc) ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx/xx/xx PERMISSIVE PARKING e INSTALL DATE: May 11,2011 [: Notification Serial # 10623 [: Install Metered Parking [: on Ellicott Street, west side [; between East Tupper Street [: and Goodell Street [: (excluding existing No Parking [: and No Standing areas) [: (Ellicott District) \. In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aver the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Ellicott Street, west side between East Tupper Street and Goodell Street (excluding existing No Parking and No Standing areas) Period of Metered Parking 2 Hour Parking 8:00 am to 5;00 pm Monday a Friday Rate of Metered Parkin Rate C $1.00 per hour 2 hour maximum This action is being taken in order to provide new short terra metered parking spaces in a high demand area as requested by the Buffalo Employment and Training Center. Parking in this area is currently unrestricted. SJS/PJM/EDS CC: Kevin Helfer TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns10623.doe) RECEIVED FILED City Clerk's Department BUFFALO May 20, 2011 W UO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 16 Change in Contract Fire HQ Emerg Generator(Ell) PASSED May 17, 2011 Gerald A Chwalinski City Clerk 00IV) #1 ((Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL ] TO. THE COMMON COUNCIL DATE: May 9, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Fire HQ [: Emergency Generator [: Job. #0.946 Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) j: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for Fire HQ, Emergency Generator, CIR Electrical Construction Corp., C #93000605. 1. Refurbish existing generator and the cost increase for the Add $ 4,262.35 new generator package. The foregoing changes result in a net increase in the contract of Four Thousand Two Hundred Sixty Two and 351100 Dollars ($4,262.35). Summary: Original Contract Amount Amount of this Change Order ( #1) Revised Contract Amount . $156,900.00 Add $ 4,262.35 $161,162.35 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 13296006 443200 - Buildings. SJS /PJM /SG /dlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parrs and Streets, dated May 9, 2011, be received and filed; and That the Commissioner is hereby authorized to enter into a Change Order of the Contract 493000605 for Job #0948 at Fire Headquarters with CIR Electrical Construction Corp. in the amount of $4,262.35 for the refurbishing of an existing generator and the cost increase for the new generator package. Funds for this change order are available in Account #13296006443200 — Buildings. Passed. 16. TAB:rmv tA vord\nnvlI60- 17a.doc APPROVED I MAY 3 1 2011 OF.-MOUNIM 9 HEARNS Ldp TO PREDGEN RIVERA RUSSELL SAUTH Maj 2/3- 6 314- 7 City Clerk's Department! BUFFALO May 20, 2011 r. k� Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED May 17, 2011 Req for Approval Guard Security COB Pools & Exe Invest n Security Inc Gerald A Chwalinski City Clerk vF.E- #2 {Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 17, 2011 FROM: DEPARTMENT: Public Forks, Parks & Streets DIVISION: Parks SUBJECT: [: Request for Approval [: For Guard Security of the [ : Casty of Buffalo Pools [ : between City of Buffalo and [: Executive Investigation and I: Security, Inc. PRIOR COUNCIL REFERENCE: (IF ANY)[ An advertisement for bids was posted July 23, 2010 and I received the following formal sealed bids for Guard Security of the City of Buffalo Pools which were publicly opened and read on August 2, 2010. The following bids were received: Company Unit Bid Bid Total Hard Targets Executive Security Services, Inc withdrew bid Executive Investigation & Security, Inc. $29.90 /hr $90,835.20 U.S. Securities Associates, Inc. $36.95/hr $134,793.60 I hereby certify that the foregoing is a true and correct statement of all bids received and that Executive Investigation and Security, Inc, with a bid of ninety thousand eight hundred and thirty-five dollars and twenty cents ($90,835.20), is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Executive Investigation and Security, Inc. to provide professional services necessary for guard security services at City of Buffalo Pools. Funds for this work are available in Account #14222006- 43.4000. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissione SJS /AR Mr. Fontana moved: That the above communication from the Commissioner of Pudic Works, Parks and Streets, dated May 17, 2011, be received and filed, and That the Commissioner is hereby authorized to enter into a contract with Executive Investigation and Security, Inc. to provide professional services necessary for guard security services at City of Buffalo Pools for a total contract cost of $90,835.20. Funds for this contract are available in Account # 14222006- 434000. Passed, 17. TAB:rmv 1Awp6©l mNvordlrmvll70- 17a.doc _ [APPROVED MAY 3 1 2011 City Clerk's Department BUFFALO May 20, 2011 • '� i •" O 0 0 Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 18 PASSED May 17, 2011 Report of Bids Police 1Headquaters Emergency Window Replacement Gerald A Chwalinski City Clerk I MAY 3 1 2011 : MAYOR: e }, #1 (Rev, 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL Lx 4 TO: THE COMMON COUNCIL DATE: May 16, 2011 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Police Headquarters [: Emergency Window Replacement [: Job #1058 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: advertised for on December 20, 2010 and received the following sealed formal bids for Police Headquarters, Emergency Window Replacement, which were publicly opened and read on January 11, 2011. Ajay Glass & Mirror Co., Inc. $477,1300.00 101 North St, Canandaigua, NY Miller Enterprises $572,760,00 12 Newfield, Buffalo, NY A bid received by CBO Glass was deemed unresponsive by the Law Department. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order emergency work at this time in the amount of only $95,000.00 for replacing the fallen and broken windows on the Church and Franklin Street face of the Police Headquarter building. Funding for this project will be reported at a later date. SJSIPJMISGIdlg cc: Contract Compliance Office J. Jacobs, Buildings N - -- ------- _- ,------------ - -w_-. Departrnent.Head- Name:, 51e.ven J. Ste nick Title: Commissioner f �$Q p¢ 4 Signature of Department Head: maj 2/3- 6 3/4- 7 AYE NO FONTANA FRANCZY1K GOl.l'L.Y14 - B E % Zi F.A Z NS 7 � �• �C' LOCURTO PRID GEN V �'1RA SrC SG % OJMLL is 13Sr TH 7`t maj 2/3- 6 3/4- 7 a - ® W Off. •. .DEPARTMENT OF PUBLIC WORKS; PARKS & STREETS BYRQN W. BROWN STEVEN J. STEPNIAIC, MAYOR COI41CaiES5IO2*fER' RA ®U PETER j, MERL0,'P,E,. CITY ENGINEER' DATE: May 3, 2011 TO. Richard A. Fontana Chairman, Common Council Budget Committee . FROM:. Steven J. Stepniak Commissioner Dept. of Public Works, Parrs & Streets RE. Information To Be Furnished at Common - Budget 1-1 earings . Per your request of April 18, 2011 (attached), I have attached the, information for the Department of Public Works to be furnished at Common' Council Budget. #1. See Attached ( #1) - 2 See Attached ( #2) #3: None #4 None 5 See Attached ( #5) #6 None #7 None #8 . ..None . #g None If you should have any further questions, please do not hesitate to contact me at 651 -5636 V tepniak Sis :cam Attachment cc: Peter J. Hula, P.E; E FERRET TO THE SPECIAL Comptroller SS 0C 65 NIAGARA. SQUARE J 502 CITY BALL/ BUFFALO, NY 14202 -3373 / (716) 851 -5636 I FAX (716) / Email: sstepr!iak@dLy-j>jjffa1o.co C ' a wff Rrc"ARD A. FONTANA MAJORM LEACTI:R LOVEIDY DISTRICT COUNCIL MEMBER 55 NIAGARA SQUARE, 1414 City Mali BLIFFALA, NY 14202 - PH€3NE; (716) 851 -5151 0 FAX. (716).851-5147 April 18 2011 0IJ W tT C O MM ITTEE Pouci ovERSICE€T C OMMITTEE �:QMtN€TES CIVIL SERVICE CLAIMS C OMMUNITY DEVELOPMAT EDUCATION WI5tA7tON MB£C RULES s €srA Rosm. A I. KcgWEDY LEG iS€.uM AIM BRYAN 8PLLMAN To, All COB Department and. Division Heads Re, 1T ORMA TION TO 13E FURNISFIBD AT COMMON COUNCIL. BOGET HRAR in co4unction with the Comr€man Council's review o f the Mayor's RecommorldW Operating Budget for fiscal year 2011- 2012, we request that all Department heads in concert with the Budget Division, no less tlmaTm twenty-four (24) hours prior to Mme time of their respective budget hearingbefore the Common Council, deliver to the Common Council Legislative Staff Office Room 1413 City l Tall Attn: Budget Comnifte, two copies of the following information for their departwnt A list of all employees who are assigned ' a mobile telecommunication dovico (e.g., cellular/mart-phones), the make and model of such device (e.g,, Apple I- Phone, Rlaokberry, etc.), and a description of the service plan(s) associated) witli each device (e.g., unlimited voice and data) along with its estimated future or current, annual cost to the City, 0 A list of all employees who are assigned use of a talm home city vehicle along with the year, make, model and numbe of engine cylinders of such vehicle (e.g., 2008 Ford Explorer V-6) and velmicle fuel - gasoline or diesel. 3 O A list of all employees who are granted use of, or who are assigned, gas cards, debit or charge cards, procurement cards, and Metro bins or rail passes and the respective value thereof. a A. list ofall tmvcl co nt em pl a t e d to include traveler's job tide and travel purpose, location and anticipated cost. A A list of all job titles that are currently ammt, when the vacancy O ccurr ed and w hen the vacancy will be filled, G a A list of all officers, appointees and employees who, in addition to receiving a salary from the City of Bu alo, draw a separate salary from any allied city agency. A list of all officers, appointees and employees, along with their position or title, whose salary will be fully or partially paid for using grant funding (e.g,,. Federal or State grants, Community Development Block Grant etc,). ® A list of all personal service contracts, their duration and associated cost to the City. • A. list of all current officers, appointees and employees, along with their position or job title, for whom a NYS retirement system form CSC -20 has been filed with the NYS Department of Civil Service pursuant to Section 21 1 of time Retirement and Social Security Law that provides for the re- employment of a retiree on as exceptional basis without loss or diminution of pension. If you have any questions regarding this request, please compact the Cotrmm n Council Legislative Staff at 851 we thank you in advance for your cooperation. ,4� 14 R CWWd A. Fontana ):,tt'vejoy District Common Council Member Chaitman, Common Council Budget Committee CC: Mayor Comptroller DPW CELT. PHONE/BLACKBERRY USERS User Device Dept. Bartolotta, Richard CELL PHONE PUBLIC WORKS Connors, Dan CELL PHONE PUBLIC WORKS Defames, Mike CELL PHONE PARKS Dellapenta, Kevin CELL PHONE PARKS DiCenso, Tony CELL PHONE PUBLIC WORKS Driscoll, Mike CELL PHONE PUBLIC WORKS Uurfee, Bill CELL PHONE PARKS Dziarnski, Mike CELL PHONE PUBLIC WORKS Dziedzic, Jeff CELL PHONE PARKS Eckstein, Tire CELL PHONE PUBLIC WORKS Fallon, Jinn CELL PHONE PUBLIC WORKS Gesel, Bennis CELL PHONE PUBLIC WORKS offstead, Paul CELL PHONE PUBLIC WORKS Jackson, Henry BLACKBERRY PUBLIC WORKS Juliano, Jaynes CELT. PHONE PUBLIC WORKS Kelsey, Eugene BLACKBERRY PUBLIC WORKS Krathaus, Anthony CELL PHONE PUBLIC WORKS Krupp, Mike CELL PHONE PUBLIC WORKS Laudico, Tom CELL PHONE PUBLIC WORKS Lewandowski, Gerald CELL PHONE PUBLIC WORKS Liebner,Je#1 CELL PHONE PARKS Loaner Device CELL PRONE PUBLIC WORKS Lopez, Vinnie CELL PHONE PUBLIC WORKS McCartney, Kelly CELL PHONE PUBLIC WORKS McGuire, Bill BLACKBERRY PUBLIC WORKS Mechanics Shop CELL PHONE PUBLIC WORKS Merlo, Peter CELL PHONE PUBLIC WORKS Miller, Ron CELL PHONE PUBLIC WORKS Nosworthy, Raymour CELL PHONE PUBLIC WORKS Panaro, Larry BLACKBERRY PUBLIC WORKS Poleto, Don CELL PHONE PUBLIC WORKS Pordun, Nick CELL PHONE PUBLIC WORKS Pulera, Frank CELL PHONE PUBLIC WORKS Rabb,Andrew CELL PHONE PARKS Serio, Torn CELL PRONE PUBLIC WORKS Stepniak, Steve CELL PHONE PUBLIC WORKS Sullivan, Paul CELL PHONE PUBLIC WORKS Tomasulo, Nick BLACKBERRY PUBLIC WORKS Wojcik, Jim CELL PHONE PARKS Monthly Total. $2,527.52 � a #2 The following is a list of Department of Public Works Employees Assigned the use of a take home City Vehicles In the Straats Department: Description Mama Gallons S -265 2009 Ford Pick -Up M -51652 Henry Jackson Gas/8 Cyl. S -268 2011 Chevy Pick -Up R -17845 Tom Laudico Gas/8 Cyl. S -651 -S 2008 Ford Pick. -Up M -35917 Paul Sullivan Gas/8 Cyl. S -267 2411 Chevy Pick -Up R -97844 Larry Panaro Gas/8 Cyl. S -256 2006 Ford Pick -Up L -96333 Tim Eckstein Diesel E -663 -S 2008 Ford Pick -Up M -44528 Nick Puglisi Gas/8 Cyl. S -644 F150 Ford Pick -Up L -96313 Roman Miszewski Gas/8 Cyl. 5 -01 2005 Ford Pick -Up L -96309 Dennis Gesel E -612 1996 Dodge Ilan Mike Hoffert _ S - Streets & Sanitation E Engineering B - Buildings (ss REFERRED - 1 1=t H CO ON BUDGET #3 (Rev 1 -02) &,/ Certif L3 compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Pare & Streets Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) Mft o0 1 i (Enter Starting Salary) : Starting Salary of r € LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME James Wozniak DATE ADDRESS 27 Lombard: CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 62002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010 -121 SALARY RANGE OF POSITION $22,466 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven_ J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: , 011 l 1! SIGNATURE OF APPOINTIN OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE ##7- BUDGET 0- DEPARTMENT #9- DIVISION #10- EMPLOYEES} f� • U " 901TWITUMIS Mawal sittal'so May 17, 2011 BYRON W. BROWN MAYOR 0001, CITY OF BUF GARNELL W. WHITFIELD, JR. COMMISSIONER VINCENT & GUGLIUZZA. DEPUTY COMMISSIONER May 5, 2011 Common Council Budget Committee C/o Legislative Staff Office Room 1413 City Hall Buffalo, N Y 14202 Attached is a list of employees who are assigned mobile devices, a list of all employees who are assigned use of a take .home vehicle, and a list of all job titles currently vacant. We do not have any employees assigned gas cards, debit or charge cards, procurement cards, Metro bus or rail passes. Our travel will basically consist of required Dept of Homeland Security conferences /meetings which will be reimbursed through grant funds and mandated training for Local 282 members. Specifics on travel are not yet available. We do not have any officers, appointee or employees who draw a separate salary from any allied city agency. The Homeland Security Coordinator position is paid for through UASI grant funds. We do not have any personal service contracts nor have we filed any CSC-20 form. 4 0J (J r -k - k -j N W. Whitfield, Jr. Commissioner of Fire cak TO THE SPECI COMMITTEE 1, Buffalo Fire Dep Cell Phone Numbers All Sprint/Nextel phones have push to talk feature for interoperability throughout the City and County. Spri phones are f unde d throug USAI G rant Approxi cost $1000.00 mo - - -- -- P C1 Comm. G. Whitifled UNIT ModeliAll Motorola phon 83501 --- - -__._ DATE PLAN DESCRIPTION & CODE _ 400 Cust B lackbe rry Monthly Ch arge . _ Min utes $49.99 Shared E 400 B51 D Co 83 4 00 Custom Bl !49. 4013 -- F10 Fire Inv J. Tomizzi _.__.4 8350 Custom Blackberry $4 9,99 400 F61 AO Capt T Coyne -_ -- 83501 - 40 Custom Blackberry -- $49. 400 F79 Sys.Sup Analyst L. Farrow F90 Supt.Fi Rec.C. Ka ne Sr. Adm Asst, J. P arisi - 64 B at t Chief (on duty - - _ -� 83501 8_ $350_1 4 - 5 ­ 3 ­ 0 - 1400 Cust Blac kberry __ 40 Cust B 1 400_ Custom _ Blackber v - 9'1 - z E ssent i a l s 1000 7PM .._.___. 1 _$49.99 $49.9 $49.99 40 0 400 400 1000 _ B46 Batt Ch ief (on duty) 1530 Bi Essentials 100 7PM 1 $44.9�F- 1 000 B 47 Batt Chief (on duty F11 Fire Inv ( duty) X5 1530 - - Biz Essent 10 00 7PM Bi Es sential s 100 7P M $44.9 1000 E $44. 1000 1000 F 16 Cap Haz Mat T. Fitzpatrick 1 =20 Ems Officer (on duty) 1530 TS 1830 1580 i6 i530 - -- 1 Biz Essentials 1000 7P l Biz Es sential s 1000 7PM Biz Es sentials 10 00 7PM $44.99 I $44 .99 $44.99 10 00 1000 Fire boat G. W isne w sk i B 41 Safety Chief Hi llery - -- _ -- B iz Essen Addo Biz Esseentials Addo Biz Essentials Addo $22.50 $2 2.5U $18.75 $ $18.75 F19 Pla nnin g Lt.K.Harris B43 Batt Chief - -- v _B56 piv Chief _ F f6X K.Vkloo � -� F49 Shop Supvsr J. Kelleher - i5 30 1530 Biz Es Addon7PM Biz Essentials Addon7PM _ — - i530 - -� - - Biz Essentials Addon $98.75 F Training Chief LaMacc F7 C om m Sup vsr. R. Garrett F80 P. Mezge -- - -- 1580 Biz Essentials Addon7 $18.75 - — -- - _ 168 i530 - -- i530 -_ -- _ _ - -- Biz Essentials Addon7PM Biz Essentials Addon7 Biz Essentials Addon7PM _ -_. _..__. _ $18.75 $18.75 $1 8.75 F84 R. And cha T - -- -- _ _ _ _ CITY 9800 ISSUED PHONES 450 in p lan 450 rein plan LGI VX$35 M otorola Tundra $36.44 $36.44 F 1 Fire Prev.C M.MOR GANTI (v) Fire Prev T T K. P6 LSKI Fire Prev LT L.HAKE s Mo torola Tu ndra 45 min pl 450 min pl - - -- $36 .44 Fire Prev LT G.WHALEN Motorola Tundra _ $36.44 F ire Prev LT WSUGGS Mot orola Tundra LGI VX8350 450 min plan __ 450 rein plan �� $36.44 _ A. F 48 SUPT APP. ADINOLF'I %7t $36.44 6 total phones Ci issued ckane 5 {3/2011 . .. . . ............................... ..... .. .... . . Buffalo Fire ' Department Marked + Take Home Vehicles Updated 5/3/11 Asset # year Make DesceiRtion EPgLmon 1 Location !.mar CV1 F-046 1998 Chev Tahoe !Comm. Supervisor Ronald Garrett 1332 Ellicott yes 6 G F-048 3.997 lChev Blazer MEM Supervisor Kellerhe Ire HQ/Shop i yes 6 G F-170 j 2000 i Ford Crown Vic - Ilack Planning Officer ! Kevin Harris 1 Fire HQ yes 8 G F-443 # 2001 1 Chev (Tahoe ! Capt of Alarm Office Thomas Coyne 1332 Ellicott yes 8 G F-444 --- 2001 Chev Tahoe Supt Fire Veh. Maint Andy And inofi Fire HQ/Shop yes E 8 G F-056 20 !Chev Suburban Safety Officer Mark Hillery Fire HQ yes 8 G F-464 2008 jChev !Tahoe Deputy Comm unassigned Fire HQ no S f G F-465 2008 IChev Tahoe Deputy Comm Vincent Gugliuzza Fire HQ 10 8 G F-466 1 j 2008 (Che �Tahoe ar lGarnell Whitfield Fire HQ no 8 G P-190 2001 thev Blazer I Radio Supervisor Robert And rycha 332 Ellicott yes 6 G . .... .. .. ....... PW08F .............. ..... 2002 !Chev !Tahoe Chief of Training james Lamacchia 3359 Broadway I yes 8 G F-201 .. ..... . ... ..... 2001 _lChev 'Tahoe Fire Inv.Supervisor Fio� — TOM ii�, Elmwood & Virginia no 8 . . .... .. G 0 Posklons In N Fi V acant as o f Firefighters 24302430A fi V21.2/26,227,2/28, 3/21 & 4/ Lieut enants 2440& 244A 8 8/14,9/26, / 22, 13/29, 12./13, 12/27/10 1/x111 Captains 2450&245A 1 12/27 /2010 Batt Chief 2470 1 12/15/2010 Dior Chief .2480 1 4/ 4/20 11 Asst Fire Alarm ®isp 2301 X23 ®� 2 4/11:/10 & 8/31/10 Tota 282 positions vacant 19 D- as ' 9/28/10 Hom ,, ► M 2 3.1/7/2009 Exern' Pt .. , 1 2 (301 Job class T® Batt o , n Emer.Serv.Disp 2310 3 11129/08, 7/1}10 Comm.Tech 7460 1 9/412009 Motor Equip. ech 6150 1 3/21:/2010 Laborer it Total 264 sitions vacant 9622 1 6 7/1/2010 Lo cal fi X131 jjb Mass Lota I QlVffl Vacan Acct Clerk Typist Total. 6 positions vacant 0401 1 4/2/2011 I rkane 5/912031 94 (Rev 7 -07) 0 0 0 A Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointilicat(s) or prontotion(s). I further certify that the persons) named in Schedule "A" Dave been certified or approved by the Hunian Roources /Civil Service for the Appointment Effective: 04115/2011 in the Department of Division of to the Position of FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Salary) : Starting Sala of $39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -6583 101- r LAST 4 DIGITS OF SSN. XXX -XX -3054 DATE NAME BRIAN RENOWDEN ADDRESS 152 CUMBERLAND AVE. CITY & ZIP BUFFALO, NY 14220 NAME JOHN WATKINS ADDRESS 13 BENNETT VILLAGE CITY & ZIP BUFFALO, NY 14214 NAME MARK SUMBRUM ADDRESS 22 KENTUCKY ST CITY & ZIP BUFFALO, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -9602 iie7.VII iI BAST 4 DIGITS OF SSN. XXX -XX -5579 NAME KEVIN BURKE ADDRESS 205 MARINE DR CITY & ZIP BUFFALO, NY 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2010 -152 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 0411512010 . n ORIGINAL .+ 2 COPIES TO: CITY CLERK (ONIBEFORE„APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8-.EMPLO -, 94 (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 appaintment(s) or prornotion(s). I further cert that the person(s) named in Schedule "A" have been cert or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 0411 512011 FIRE FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Startin Sala : Starting Salary. of $39,879 .LAST JOB TITLE NAME MARC BROCATO LAST DEPARTMENT DATE ADDRESS 944 WALDEN AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -9474 LAST JOB TITLE NAME DONALD HERBERT LAST DEPARTMENT DATE ADDRESS 60 HOUSTON LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -0019 LAST JOB TITLE NAME RICHARD PAGE LAST DEPARTMENT DATE ADDRESS 143 RAMONA AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2829 LAST JOB TITLE NAME BRENT BARRIE LAST DEPARTMENT DATE ADDRESS 15 WHITEHALL LAST SALARY CITY &,ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -3566 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2010 -162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL.W. WHITFIELD, JR. TITLE OF APPOINTING, AUTHORITY: FIRE COMMISSIONER DATE: 0411512010. n R ORIGINAL + 2 COPIES TO: CITY GLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) Certificate f 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 appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hu man Resources /Civil Service for the Appointment Effective: 04115/2011 in the Department of Division of to the Position of um am FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MINIMUM Enter Starting Salary): Starting Salary of $39, LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -5630 DATE LAST 4 DIGITS OF SSN. XXX - )(X - 8150 DATE LAST 4 DIGITS OF SSN. XXX -XX -0519 DATE LAST 4 DIGITS OF SSN. XXX -XX -9569 NAME JUSTIN DISILVA ADDRESS 38 POULTNEY CITY & ZIP BUFFALO, NY 14216 NAME KEVIN KILIANSKI ADDRESS 7 MARINE DR, 7F CITY & ZIP BUFFALO, NY 14202 NAME DANIEL ISTAS ADDRESS 40 KETCHUM CITY & ZIP BUFFALO, NY 14213 NAME FRANCIS SNYDER ADDRESS 345 STARIN AVE CITY & ZIP BUFFALO, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 92132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2010 -162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: x04/1512010 - . � „ OTHER COPIES TO: #3- COMPTROLLER 94- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 84 (Rev 7 -07) Certificate of p of of 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 pronrotion(s). I further certify that Cite person(s) na me d i Sch "A" have been cer tified or appr by t he Human Resources /Civil Service for the Appointment Effective: 04/1.5/2011 in the Department of Division of to the Position of AM FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, unclassified (insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starkg Sala :Starfing :Starting Sala of $39,879 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY Fs LAST 4 DIGITS OF SSN. XXX- XX-3266 A ... LAST 4 DIGITS OF SSN. XXX -XX -5775 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -5873 ri LAST 4 DIGITS OF SSN. XXX -XX -8479 NAME TORY MUSIrARELLA ADDRESS 280 LUDINGTON CITY & ZIP BUFFALO, NY 14206 NAME COLIN HARTMAN ADDRESS 81 WHITEHALL AVE. CITY & ZIP BUFFALO, NY 14220 NAME JUSTIN SICIENSKI ADDRESS 11S MILFORD ST CITY & ZIP BUFFALO, NY 14220 NAME MATTHEW RATHKE ADDRESS 43 MCKINLEY PKWY CITY & ZIP BUFFALO, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 24130 BUDGET ACCT. OBJ. 411009 PROD, ID PERSONNEL REQ. NO 2010 -162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 04/1512010 — h f\ _ ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) t- \? Certificate 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 appoiniment(s) or proinotion(s). I further certify tha t h e pe r s on(s) named in Schedule "A" have been c ert i f i ed or approved by the Human Resources /Civil Service for the Appointment Effective: 0411512011 in the Department of Division of to the Position of FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM - (Enter Stalling Salary): Starting Salm of 139,879 LAST JOB TITLE NAME JUSTIN SUMBRUM LAST DEPARTMENT DATE ADDRESS 22 O'CONNELL AVE LAST SALARY CITY & ZIP BUFFALO, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -7707 LAST JOB TITLE NAME JAMES DOLE 11 LAST DEPARTMENT DATE ADDRESS 63 GUSHING PL. LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -5570 LAST JOB TITLE NAME DONALD WOODHULL LAST DEPARTMENT DATE ADDRESS 311 DOWNING ST LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -4058 LAST JOB TITLE NAME CHRISTOPHER CONNORS LAST DEPARTMENT DATE ADDRESS 75 MARION ST. LAST SALARY CITY & ZIP BUFFALO, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -2793 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 92132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010 -162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 01411512010 -\ , . A OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #B- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) � A Certificate of Appointment [n compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hutnan Resources /Civil Service for the Appointment Effective: 04116/2011 in the Department of Division of to the Position of FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM ( Enter Starting Sala a), Starting Sala of $39,8.9 70 LAST JOB TITLE NAME JONATHAN MCANDREWS LAST DEPARTMENT DATE ADDRESS 685 AUBURN AVE LAST SALARY CITY & ,SIP BUFFALO, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX -6525 LAST JOB TITLE NAME KARL. HAWTHORN, JR. LAST DEPARTMENT DATE ADDRESS 76 DENS.MORE ST LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -2541 LAST JOB TITLE NAME JEFFREY CHADWICK LAST DEPARTMENT DATE ADDRESS 26 STEVENSON ST. LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -1155 LAST JOB TITLE NAME WILLIAM CYBULSKI LAST DEPARTMENT DATE ADDRESS 96 WHITFIELDi AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14220 LAST 4 DIGITS OF SSN. XXX - XX - 8377 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2010162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: 0 1 612010 - St( 3NATL1fiE APPOtNTtNOA - - n..,. OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointnlent(s) or prmnotion(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: 04!1512011 in the Department of FIRE Division of to the Position of FIRE FIREFIGHTER Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Staning_Llary : Starting Salary of 39 879 LAST JOB TITLE NAME OSCAR VELEZ LAST DEPARTMENT DATE ADDRESS 329 HEWITT AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -6579 LAST JOB TITLE NAME DANIEL PIZZARO LAST DEPARTMENT DATE ADDRESS 450 CARLTON ST. LAST SALARY CITY & ZIP BUFFALO, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -4028 LAST JOB TITLE NAME SAMUEL CAMPBELL, LAST DEPARTMENT DATE ADDRESS 345 HUMBOLDT PKWY LAST SALARY CITY & ZIP BUFFALO, NY 14208 LAST 4 DIGITS OF SSN. XXX -XX -0574 LAST JOB TITLE NAME TERRANCE WALLACE LAST DEPARTMENT DATE ADDRESS 92 DEERFIELD ST. LAST SALARY CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -5297 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411009 PROJ. ID PERSONNEL REQ. NO 2010-162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: .NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE. COMMISSIONER DATE: QW1 612010 StGNAT - URE OF— APPOINTING— AUTHQRiTY - ` _ UK1UINAL. + ;4 UVl'1LS .I V: UI I Y (:t k.KK VN /t5tI'VKL HI'I'VIN 1 MLN I QA I L OTHER COPIES TO: #3- COMPTROLLER 4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- -EMPLOYEE(S) #4 (Rev 7 -07) Vii" Certificate of Appoint ant i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I fur c ertify that the p erson(s) named in Schedule "A" h been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 04115/2011 in the Department of Division of to the Position of 3M I �! Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Sala - _ Starting Salat of $39, LAST JOB TITLE NAME JAMAR CALHOUN LAST DEPARTMENT DATE ADDRESS 135 HIGHGATE AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -8204 LAST JOB TITLE NAME JERRY JOHNSON LAST DEPARTMENT DATE ADDRESS 109 WESTMINSTER AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -5159 LAST JOB TITLE NAME MOSES KIRKLAND, JR. LAST DEPARTMENT DATE ADDRESS 69 SUMNER PL. LAST SALARY CITY & ZIP BUFFALO, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -3164 LAST JOB TITLE NAME EMIL BARNES LAST DEPARTMENT DATE ADDRESS 239 OXFORD AVE. LAST SALARY CITY & ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -6166 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT. OBJ. 411601 PROJ. ID PERSONNEL REQ, NO 2010 - 162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM. NAME OF APPOINTING AUTHORITY: GARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE. 041,15/2010 1 -11 r. A ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #$- EMPLOYEE(S) #4 (Rev 707) C ertificate of App In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -E of the Ordinances of the City of Buffalo, I transmit this certification of appoin(ment(s) or promotion(s). I further certify that the p erson(s ) named in Schedu "A" have been certified or approved by the Hinnan ResourceslCivil Service for the Appointment Effective: 04/15/2091 in the Department of Division of to the Position of AMA Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open- Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM enter Starting Salary) : Startin Sala of $39. $7'9 LAST JOB TITLE NAME JACQUES ROBINSON LAST DEPARTMENT DATE ADDRESS 354 FLORIDA LAST SALARY CITY & ZIP BUFFALO, NY 94208 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN, XXX -XX -5564 NAME ROBERT RICKS DATE ADDRESS 17 HAZ L WOOD CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -5422 NAME OTIS STEPHENS DATE ADDRESS 432 SHIRLEY CITY & ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -7540 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12132001 TITLE CODE NO 2430 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL RE0. NO 2010162 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: OARNELL W. WHITFIELD, JR. TITLE OF APPOINTING. AUTHORITY: FIRE COMMISSIONER DATE: Will 512010 � n UKIUINAL + 2 (;UPI [z5 TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- #8- EMPLOYEE(S) - t FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May 17, 2011 02 IT'S OF B UFFALO DEPARTMENT OF PERMIT & INSPECTION SERVICES OFFICE OF THE COMMISSIONER JAMES COMERFORD, Jr. Commissioner ADDITIONAL INFORMATION FOR EDPIS BUDGET HEARING s City - issued cell phones: Bill Manusxewski, Larry Schiavone and Michael Schieber (the Demolition Inspectors) all have an AT & T plan two have Motorola phones and one has a Nokia. The monthly bill is paid through Public Works. e No employees have been assigned a take -Dome City vehicle No employees have been issued gas, debit, charge, bus or rail cards There has been and will be no travel We currently have the following vacant positions: Building Inspector (Katilus retired) — vacant since March 2011 Building Inspector (Mara passed away) vacant since April 2011 Plumbing Inspector — vacant since March 2011 Clerk — vacant since January 2011 Assistant Director of Inspections — vacant since December 2010 Data Control Clerk —vacant since November 2010 We have no employees who, in addition to receiving City salary, draw a separate salary from any allied City agency. We have no employees whose salary is partially or fully paid for with grant money ® We have no personal services contracts We Have no employees who have filed a NYS Retirement Form CSC -20, providing for re- employment OP i" SPECIAL M T 6S N3:1C' =ARA S(�U tti�:- /3,24 CITY 1 ALL / BUTA�Alf), NAT 142 {12 33113 / (716) 1351 -4972 / FAX: (716) 851 -4242 f Finail: jcomerford@ciru- Iniftala.ctia�t ; � 0002 Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 Froze: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:2897 Bailey Av Prior Council Reference: (many) [: Ext. ( Item No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter ISO of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2897 Bailey Av for which said renewal application for a Restaurant Dance Class III license is being sought by Hycinth Patterson @ Caribbean Experience and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Tale: James Comerford fl Signature of Department Head: JC:cap #1 (Rev. 01/1993) ON LEGIT CITY OF BUFFALO OFFICE OF LICENSES y 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO; LT. POCZKALSKI APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT/DANCE 00 55 � BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS`T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 2817 BAILEY (! 16) 689 -2582 UN 00 HYCINTH PATTERSON (000) 000 °0000 207638 12/1412010 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGE NCYIDEPARTMENT REI*ERRED TO) C PP DATE: ROVED l- - -/� DISAPPROVED DATE: DISAPPROVAL CALL 13ACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR I I j Rprl # EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp p CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT- HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL, DATE: REMARKS: DISAPPROVAL, REASON: 2897 BAILEY (716) 689 -2582 Utz 00 HYCINTH PATTERSON (000) 000 -0000 2D7638 12/14/2010 RENEWED LICENSE (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) =PROVED DATE: DISAPPROVED DATE: DISAPPROVAL, CALL BACK DATE: 2012 ***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, CITY OF BUFFALO OFFICE OF LICENSES 301 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: CARIBBEAN EXPERIENCE LICENSE TYPE: RESTAURANT /DANCE 0 �,5 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: RENEWED LICENSE 2012 2897 BAILEY (715)689 -2582 m1 00 HYCINTH PATTERSON (000) 000 -0000 207538 12/14 /2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: DATE: (9 APPROVED DATE: / O DISAPPROVED DA'T'E: ** *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. Apps hpz.,nr City Clerk's Department BUFFALO May 20, 2011 "i C'1 1 Al Mytol 1 0 . 410 1 ! F r Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. PASSED May 17, 2011 . Restaurant Dame License (Renewal) 945 Elmwood (North) Gerald A Chwalinski City Clerk 00025 L g I Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:946 Elmwood Prior Council Reference: (1f any) [: Ext. ( Item No. xxx, C.C.P. x?j xxlxx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 946 Elmwood Av for which said renewal application for a Restaurant Dance Class III license is being sought by David Putnam @ McGarrets and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: James Comerford 2 Type Title: Signature of Department Head: JC:cap #1 (Rev. 0 1/ 1993) rL issionor Co missioner E I LA CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 � � V INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 946 ELMWOOD 883 -4913 DAVID PUTNAM 885 -1059 54184 03/03/2011 RENEWED LICENSE 2012 ( TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ,. �� . DISAPPROVED DATE: REMARKS: 4 1 I - O T7 " CU A DISTRICT CAPTAIN: APPROVED DATE: _ f DISAPPROVED DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: C F� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK 'YOU. .4 pp,Vlip2. rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MCGARRETS LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER. REFERRAL DATE: 946 ELMWOOD 883 -4913 DAVID PU`I'NAM 885 -1059 541847 03/03/2011 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: "REASON FOR DISAPPROVAL HUST BE STATED BELOW 4, REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. .4ppilip2. r pr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: MCGARRETS LICENSE TYPE- RESTAURANT/DANCE BUSINESS ADDRESS: 946 ELMWOOD BUSINESS PHONE: 883 -4913 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE. APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: DAVID PUTNAM 885 -1059 541847 43/02/2011 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) AP ROVER DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: RENEWED LICENSE 2012 ** *REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW * ** REMARKS: INSPECTOR RM4 EXT � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE. OFFICE OF LICENSES. THANK YOU. AppSlipZrpt Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 9, 2011, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Dance Class III License to David Putnam @a McGarret's - located at 946 Elmwood Avenue. Passed.. 24. `I'AB:rmv t:1 wp60'jiisword\rjiivU4c5- 17a.doe a - AY 3 1 2011 r �, b ON * aAv City Clerk's Department . BUFFALO May 20, 2011 i. I&P IM. NEE FIRIMMI Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED May 17, 2011 Restaurant Dance License (Renewal) I Ferry West (Nia) Gerald A Chwalinski City Clerk 00 Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection_Services ]Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [A Ferry West Prior Council Reference: (If any) [: Ext. ( Item No. xxx, C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2897 bailey Av for which said renewal application for a Restaurant Dance Class III license is being sought by Rich Renaissance Niagara and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap #I (Rev. 01 /] 993) CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL s' BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: RICH RENAISSANCE NTIAGARA LICENSE TYPE; RESTAURANT/DANCE BUSI ADDRESS: r� l I FERRY WEST BUSINESS PHONE: (715) 878 -8964 COUNCIL DISTRICT: POLICE DISTRICT: 00 APPLICANT NAME: APPL, PHONE: (000) 000 -0000 APPLICATION NUMBER: 512238 REFERRAL DATE: 12/14/2010 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) PROVED DATE:° DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * *TREASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RMN EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlipl.rpr CITY OF BUFFALO. OFFICE OF LICENSES p . 301 CITY HALL BUFFALO, NEW YORK 14202 �s INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RICH RENAISSANCE NIAGARA LICENSE TYPE; RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL BATE: REMARKS: DISAPPROVAL REASON: 1 FERRY WEST (716) 878 -8964 00 (000)000 =0000 512238 12/14/2010 RENEWED LICENSE 2012 (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) A PROVED DAT PROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST RE STATED BELOW* ** REMARKS: INSPECTOR RM#> EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2,rpr 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: RICH RENAISSANCE NIAGARA LICENSE TYPE: RESTAURANT/DANCE O U 5 BUSINESS ADDRESS: I FERRY WEST BUSINESS PHONE; (716) 878 °8964 COUNCIL DIS'T'RICT: POLICE DISTRICT: 00 APPLICANT NAME, APPL. PHONE: (000) 000 -0000 APPLICATION NUMBER: 512238 REFERRAL DATE: 12/1412010 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN; W APPROVED DISAPPROVED to DATE: DATE: ,v * "REASON FOR DISAPPROVAL MUST BE STATED BELOW M ** 1. AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. : 6 ,4ppWtp2.rpr Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 9, 2011, be received and filed, and That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Dance Class III License to Rich Renaissance Niagara - located at I Ferry West, Passed. 25. WNITUNI t:Nwp60kniswordWtiiv\25c5 - 17a,doc I f i AVE * NO LOCURTO PREDGEN City Clerk's Department BUFFALO May 20, 2011 !', a BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 27 PASSED May 17, 2011 Restaurant Dance License (Renewal) 1 Main St Harbor Club 100 Main Con. Gerald A Chwalinski City Clerk j - , 3 _ 00-7 Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [A Main St [oar Cl.xb Prior Council Reference: (Tf any) [: Ext. (Item No. xxx C.C.P. xx /xx /xx): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1 Main St for which said renewal application for a Restaurant Dance Class III license is being sought by HSBC and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap ##I (Rev. 0111993) qr 7 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANTIDANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME- APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: REMARKS: DISAPPROVAL REASON: I MAIN (716) 858 -5000 00 (000) 000 -0000 214115 03/03/2011 c (( h 1 - '/ RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) P DATE: 7 ° / P I // DISAPPROVED DA_TE:.._.__...... DISAPPROVAL CALL BACK 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. AppShp2rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW FORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION DEFERRED TO: LT. POCZKALSKI APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NIIIVIBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON. I MAIM (716) 858 -5000 00 (000) 000 -0000 214115 03/0312011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) PPROVE DATE: --� DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR AF Rile# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppVip2,ppi LICENSE TYPE: RES'T'AURANT /DANCE AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: HSBC ARENA BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME* APPL. PHONE: APPLICATION NUMBER. REFERRAL DAVE: REMARKS: DISAPPROVAL. REASON: I MAIN (716) 858 -5000 00 (000) 000 -0000 214115 03/03/2011 RENEWED LICENSE 2012 (TO BE COMPLE'T'ED BY AG NCY/DEPARTMENT REFERRED TO) APPROVED DATE: . l — � ~ � � _ DISAPPROVED DATE: REMARKS: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALT.. BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST DISTRICT CAPTAIN: w e i � , 4 oA t • 64 4 E &1 APPROVED DATE: w DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2. rpf f� Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 9, 2011, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Dance Class III License to Harbor Club 100 Level - located at 1 Main Street - HSBC Arena. Passed. 26. TAB:rmv -- t:VYp60\msword\rmvV6o5 - 17a.doc [APFPROV-ED I MAY 3 1 2011 I 4� * AYE * NO * * * * tD 2 /3m b 3/4- 7 City Clerk's Department BUFFALO May 20, 201.1 I IT, FLY, i' NO : 111 i Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 28 PASSED May 17, 2011 Restaurant Dance License (Renewal) 1 Main St Harbor Club 200 Level Gerald A Chwalinski City Clerk _, h 400,28 r Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Doartment of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:1 Main St Prior Council Reference: (if any) [: Ext. ( Item No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located at 1 Main St for which said renewal application for a Restaurant Dance Class 111 license is being sought by HSBC and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap #I (Rev. 0111993) James Comerford CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALT. BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT /DANCE C 10 11 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER; REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1 MAfN (716) 8585000 00 (716) 8554571 214117 03/03/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS; INSPECTOR � d 4 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlit 2.rpr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HSBC ARENA LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: I MATM BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: ;APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (716) 858 -5000 00 (716) 855 -4571 214117 03/03/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED PROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: INSPECTOR RM # EXT �D -&- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. ApIxYln2.,Pr 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: HSBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: I MAIN. (716) 858 -5004 00 (716) 855 -4573 214117 03/03/2011 0 10, 5 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: l DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED t4k O&L 1; DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *�x REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1Jpp8lip2.i pt o_ Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 9, 2011, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Dance Class III License to Harbor Club 200 Level - located at 1 Main Street - HSBC Arena. Passed. 27. TAB:rmv KID 1;lwp60lmswordlmivV7c,5- [ 7a.dor, AP [PROVED Maysr2mi LOCURTO PRIDGEN x � � aj ,. 213 -6 314- 7 City Clerk's Department BUFFALO Ma 20, 2011 I A * A l __ Ito Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 29 PASSED May 1 7, 2011 Restaurant Dance License (Renewal) 1 Main St Head Lines Bar Gerald A Chwalinski City Clerk 3� Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:1 Train St Prior Council Reference: (If any) [: Ext. ( Item No. xxx C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at I fain St for which said renewal application for a Restaurant Dance Class III license is being sought by HSBC and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name Type Title: Signature of Department Head: 3C:cap #1 (Rev. OIII993) James Comerford r CITY OF 13UT'FALO OFFICE OF LICENSES 301 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE 1'RFVEINTION REFERRED TO: L;T..1'OCZKAL KI APPLICA'T'ION FOR: IISBC ARENA LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: RUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NANIL: APPL. PHONE. APPLICATION NUMBER: RIB FERR AL DATE: REMARKS: DISAPPROVAL REASON: 1 MAIN (716) 858 -5000 00 (716) 855 °4571 214120 03103 11 ( ho 5 � RENEWED LICENSE 2012 (TO BE COMPLETED BY AGE NCY /DEPAR`I TENT REFERRED TO) I'ROV DATE: " DISAPPROVED :DATE: DISAPPROVAL `ALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS. INSPECTOR R11 # I T AFTER INSPECTION PLEASE COMPLETE AND RE'T'URN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. �rf,S(ir, <.,;rr CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY /DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FI TZGERALD APPLICATION FOR: HS13C AIZENA LICENSE'rYPE: RCSTAURANT /DANCE, BUSINESS ADDRESS. BUSINESS PHONE. COUNCIL DISTRICT: POLICE: DISTRICT: APPLICANT NAME: APPL, PIIO NE: APPLICATION NUMBER: REFERRAL BATE: REMARKS: DISAPPROVAL REASON: 1 MAIN (716) 858 -5000 00 ('116) 855 -4531 214120 i)3: "E331201 1 RENEWFD LICENSE 2012 (TO BE COMPLETED BY AGE €NC;YIDEI'hllt"I'MENT REFERRED TO) AI'k'ROVED HATE: C)VED DATE: DISAPPROVAL CALL BACK DATE: x *r'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. CITY OF BUFFALO OFFICE OF LICENSES BUSINESS ADDRESS; 301 CITY HALL BUSINESS PHONE. BUFFALO, NEW YORK 14202 COUNCIL DIS'TRIC'T': POLICE DISTRICT. INSPECTION/APPROVAL REQUEST APPLICANT NAME.- AGENCY / DEPARTMENT: POLICE REFERRE TO: COMMISSIONER Or POLICE APPLICATION FOR IJSBC ARENA LWENSE TYPE: RESTAURANT /DANCE j �.j BUSINESS ADDRESS; I MAIN BUSINESS PHONE. (716) 858-5000 COUNCIL DIS'TRIC'T': POLICE DISTRICT. 00 APPLICANT NAME.- APPL. PHONE: (716) 855-4571 APPLICAnON NUMBER: 214120 REFERRAL DATE: 03,•0312011 RENIARKS DISAPPROVAL REASON: RENEWED LICENSE 2012 ('I'OBEC:OMPLI-' N'rRE I APPROVED DATE: DISAPPROVED DATE: RENTARKS: DISTRICT CAPTAIN: A til"'M VrIl) DATE: DISAPPROVED DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW "" REMARKS: io AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO T14E OFFICE OF LICENSES. THANK YOU, i Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 9, 2011, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Dance Class III License to Headlines Bar located at I Main Street - HSBC Arena, Passed. 28. TAB:rmv tA%yr76 tnsword\rniv \2 80-r7a.doc L MAY 9 7 2011 T aj 6 2/3- 6 3/4- 7 FO ANA FRANCZYK S! �`1 6(��g �'�i�gT� `BOLO �' K Sk iC .Q i S ]ld��V #� Lk' 7Y PRIUDGEN r � RIVERA 7� �CC 4�. RUSSET Sg' s SiC 9Y 7� 00036 Single Page Communication to the Common Council 3 To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:622 Main St Prior Council Reference: (if any) [: Ext. ( Item No, xxx, C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 622 Main St for which said renewal application for a Restaurant Dance Class III license is being sought by Joseph Cuagliardo @ Club Marcella and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Jaynes Comerford Type Title: C04nmissioner Signature of Department Head: C JC :cap #1 (Rev. 01/1993) REFERRED TO THE COMMITTEE ON LEGISLATION. 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: CLUB MARCELLA LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS; BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 622 IvIAfN (716) 847 -6850 EL 00 JOSEPH GUAGLIARDO (852) 344 -3448 549797 03/03/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) c ppDATE: � DISAPPROVED DATE: DISAPPROVAL CALLBACK 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. AppSllpZipt 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: CLUB MARCELLA LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT. POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS. DISAPPROVAL REASON: 622 MAIN (716) 847 -6850 EL 00 JOSEPH GUAGLIARDO (852) 344 -3448 549797 03/03/2011 DATE: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK ** *REASON FOR DISAPPROVAL MIDST BE STATED BELOW * ** REMARKS: INSPECTOR RENEWED LICENSE 2012 RM# L EXT kL AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 1pp.Slip2.rpr 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: CLUB MARCELLA LICENSE TYPE: RESTAURANT/DANCE �o BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATA: REMARKS: DISAPPROVAL REASON: 622 MAINT (716) 847 -6850 EL 00 JOSEPH GUAGLIARDO (852) 344 -3448 549797 03/03/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPRO EV D DATE: DISAPPROVED DATE: REMARKS, DISTRICT CAPTAIN: Cu: "AN\ &A Kl- &JIL APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW x *K REMARKS: a AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. s� AppSlip21pf M � Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 Prom: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [. Restaurant Dance License (Renewal) [:681 Main Prior Council Reference: (it any) [: Ext. ( Item No. xxx, C.C.P. xxlxxlxx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main St for which said renewal application for a Restaurant Dance Class III license is being sought by Arthur Kwitchoff @ Town Ballroom and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Previous Conditions: Only admit persons 21 years of age and older Type Department Head Name: Type Title: Signature of Department Head: JC:cap ` (Rev. 01/1993) ON LEG SLATION, James Comerford 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: TOWN BALLROOM LICENSE 'TYPE: RESTAURANT /DANCE ('' {/. , � J BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PRONE: APPLICATION NUMBER: REFERRAL DATE. REMARKS: DISAPPROVAL REASON: 681 MAIN 852 -3900 EL 03 ARTHUR KWITCHOFF 874 -7291 541527 12/14/2010 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL PALL BACK DATE: g DATE: DATE: *REASON FOR DISAPPROVAL MUST BE STATED BELOW* REMARKS: INSPECTOR RIVI# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE. OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: TOWN BALLROOM LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 681 MAIN 852 -3900 EL 03 ARTHUR KWITCHOFF 874 -7291 541527 12/14/2011 DATE: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: z ? , `/ 0 DISAPPROVED HATE: DISAPPROVAL CALL RACK '"REASON FOR DISAPPROVAL MUST BE STATED BELOW "* REMARKS: INSPECTOR RENEWED LICENSE 2012 R EXT J.!Zi S AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. AppShp2.,p, 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: TOWN BALLROOM LICENSE TYPE: RESTAURANTIDANCE M BUSINESS ADDRESS: BUSINESS PHONE. COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 681 MAIN 852 -3900 EL 03 ARTHUR KWITCHOFI~ 874 -7291 541527 12/14/2010 RENEWED LICENSE 2012 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS-. LAKE AAAAA2 P APPROVED DATE: DISTRICT CAPTAIN: DISAPPROVED DATE: *TREASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App51,p2.rpr 00032, �f Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:600 North Street east Prior Council Reference: (if any) [: Ext. ( Item No. xxx C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 600 North St East for which said renewal application for a Restaurant Dance Class III license is being sought by Joseph Carrier @ Musicians Big 6 VIP Club & Restaurant and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title; Signature of Department Head: JC:cap #1 (Rev. 0111993) REFERRED 1 ON LEUSLATIO 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: MUSICIANS BIG 6 VIP CLUB &c RESTAURANT LICENSE TYPE: RESTAURANT/DANCE c- ( t .s s '� RENEWED LICENSE 2012 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS; DISAPPROVAL REASON: 600 NORTH ST EAST 896 -6660 EL 12 JOSEPH CARRIER 893 -9593 545635 03/03/2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DISAPPROVED DISAPPROVAL CALLBACK DATE, / E. � , �_ ,.,.,. �® DATE: DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR . i A Zev RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS, REFERRAL OF THE OFFICE OF LICENSES—THANK YOU. AppSlip2.,Pf CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: MUSICIANS BIG 6 VIP CLUB & RESTAURANT LICENSE TYPE: RESTAURANT/DANCE RENEWED LICENSE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT. APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 600 NORTH ST EAST 896 -6660 EL 12 JOSEPH CARRIER 893 -9593 545635 03/03/2011 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * *REEASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 2012 INSPECTOR RM# EKT �s AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL, OF THE OFFICE OF LICENSES. THANK ''YOU. �p �r CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEWYORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONED OF POLICE APPLICATION FOR: MUSICIANS BIG 6 VIP CLUB & RESTAURANT LICENSE TYPE: RESTAURANT/DANCE 0 6's RENEWED LICENSE 2412 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICY; DISTRICT: APPLICANT NAME: APPI„ PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 600 NORTH ST EAST 896 -6660 EL 12 JOSEPH CARRIED 893 -9593 545635 031031201! (TO COMPLETED I3Y AGENCY/DEPARTMENT REFERRED TO) APP ED DATE: f �� DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN APPROVED DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *r REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4pp,'; p2.C1ir DATE: 0003 Single Page Communication to the Common Council '° .. To: The Common Council: Date: May 9, 2011 From: Department: Division: Subject: r. Restaurant Dance License (Renewal) 130 South Park Prior Council Reference: (if any) [; Ext. ( Item No. xxx C.C.P, xxfxx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have caused an investigation into the premises located at 130 South Park for which said renewal application for a Restaurant Dance Class IV license is being sought by Daryl Carr @ Cobblestone and according to the attached reports fi•om the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap #1 (Rev, 0 111993) Department artment of Permit & Inpe ction Services Office of Licenses James Comerford Commissioner Commissioner REFERR4-D TO -- ; ,- HE COMMITTEE ON L I . CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION .FOR: COBBLESTONE LICENSE TYPE- RESTAURANT /DANCE C't, � q BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT ": POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 130 SOUTH PARK 848.1930 Fl 00. DARYL CARR 628 -2450 512239 12/14/2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: Zµ1 DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: RENEWED LICENSE 2012 "REASON FOR DISAPPROVAL MUST BE STATED BELOW'* ** REMARKS: INSPECTOR RM# EXT '-� o AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Opp hp2.j -p CITY OF. BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 A % INSPECTION /APPROVAL. REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: COBBLESTONE LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 130 SOUTH PARK 848 -1930 PI 00 DARYL CARR 628 -2450 512239 12/14/2010 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY /DEPARTNIENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: n INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. CITY OE BUFFALO OFFICE OF LICENSES 301 CITY HALT BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: COBBLESTONE LICENSE TYPE: RESTAURANT /DANCE D BUSINESS ADDRESS: 130 SOUTH PARK BUSINESS PHONE: 848 -1930 COUNCIL DISTRICT: FI POLICE DISTRICT: 00 APPLICANT NAME: DARYL. CAR.R APPL. PHONE: 628 -2450 APPLICATION NUMBER: 512239 REFERRAL DATE: 12/14/2010 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY /DEPAR'T`MENT REFERRED TO) APPROVED DATE: i a a l ! / d DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN. b U J00A APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW x *x REMARKS: COMM. OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App3ltp2. rpt 41 (Rev. 1/93) Single Page Communication to the Common Council mom To: The Common Council: Date: May G, 2011 Prom: Department of EconoMk Develo went Permit & Ins ection Services Division: Office of Licenses J Type in Upper and. Lower Case Only Subject:: Second Hand Dealer [: 301 East Utica (Masten) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P..xxlxxlxx Text (Type Single Space Below): Pursuant to Chapter 251 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 301 East Utica 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 Ruth Kennedy. The attached thereto for Ruth Kennedy d/b /a/ Dirt Cheap. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: ,TAMES COMERFORD Tyre Title: JC:PS:jd Daft. May 6, 2011 ®r James Comerford, Con nissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand ]Dealer at 301 East Utica Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Se © nd Hand Dealer application to the Common Council: f Zoning Office Fire Prevention Building Inspection Police Department Police Record Check 9 Director Permit & Inspection Services bate 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: DIRT CHEAP LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 UTICA EAST (716) 563-3136 MA 06 RUTH KENNEDY (716) 881 -4499 560820 01/24/2011 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: .� DATE: DATE: '1*1 FOR DISAPPROVAL MUST BE STATED BELOW"* REMARK: INSPECTOR { RI14# _.._......_ .. 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, DIRT CHEAP LICENSE TYPE: SECOND HAND DEALER CITY OF BUFFALO BUSINESS ADDRESS: 301 UTICA EAST BUSINESS PHONE: OFFICE OF LICENSES COUNCIL DISTRICT: MA POLICE DISTRICT: 301 CITY MALL APPLICANT NAME; BUFFALO, NEW YORK 14202 APPL. PHONE: INSPECTION /APPROVAL REQUEST APPLICATION NUMBER: AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR, DIRT CHEAP LICENSE TYPE: SECOND HAND DEALER .j BUSINESS ADDRESS: 301 UTICA EAST BUSINESS PHONE: (716) 56343136 COUNCIL DISTRICT: MA POLICE DISTRICT: 06 APPLICANT NAME; RUTH KENNEDY APPL. PHONE: (716) 881 -4499 APPLICATION NUMBER: 660820 REFERRAL DATE: 01/24/2011 REMARKS: DISAPPROVAL REASON: POLICE RECORD ATTACHED TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) AI -PROVED DATE: " r DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: DATE: NEW LICENSE 2012 ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppShp2, rpi P -14i (REV. 3196) Bu to Police Department mentification section 74 Fjrmk iat Street" Buffalo, New York 14;0 Z 11 JA I I P11 1: 26 There is a $10.I1Q a to process this data. try mail, payment MUST be made by money order. DO - NOT send cagh through th m�er��yment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Departiaent. 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 heeds, listed on the bottom of this application. Without total compliance to these instructions , you WELL NOT,receire the requestet formation. � �-Jffi STATE OF NEW YORK ) COUNTYOFERIE 8S. CITY OF BUFFALO ) on the / ( day of , 2 ! ! , before me personally appeared 14 to me known to be the same person described ire, and who 4exec the foregoing ' ment d acknowledged the execution thereof Notary Public To BE COWLETED BY ID) VERIFIED BY: � r � e r � 'NO RECORD ON IMLE. DATE 'ED, r - +' �- 6 I DAYS FROM '; ay 1:. Ir . i _ ,_, M-U11U:L. As(! CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY .INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: DIRT CHEAP LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICA'T'ION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 UTICA EAST (716) 563 -3136 MA 06 RUTH KENNEDY (716) 881 -4499 560 &20 01/24/2011 NEW LICENSE 20I2 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A PROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK - -- - -- - - -- ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: INSPECTOR RMN EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpi CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: DIRT CHEAP LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 301 UTICA EAST (716) 563 -3136 MA 06 RUTH KENNEDY (716) 881 -4999 560820 01124/2011 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) { l APPROVED � DISAPPROVED DISAPPROVAL CALL BACK DATE: Z f Z . /_ - DATE: DATE: *`REASON FOR DISAPPROVAL MUST BE STATED BELOW` REMARKS: INSPECTOR li 4. �" ) - ---- RM# EXT V __ � � 0 5 � � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslfp2.rpl ® 65 Niagara Sq, City Hall Room 301: BuftWo, NY 14202 a Phone (715) 851 -4078 Fax (716) 851 -4952 -- All information on this form is public record B USIN E SS LICENSE APPLICATION, =� fee fee El Used Car dealer $262.50 ® Tire Handler I $118.00 Tire Storage Informatipn 10 - 1000 tires Inside Storage yes no )(Second Hand ]Dealer $118.00 0 Tire Handler H $262.50 Outside Storage yes no over 1000 tires; Include NYS Environmental Conservation Law fart 360, Storage plan and ® Scrap Processor $ 78.75 General Liability Insurance at. least $50,400 ® Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 ® Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11 -25 tables: ,$155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Name Business Phone Business Name (dba) Business Fax Business Address (no Po Box) Mailing Address (if different) NYS Tax ID # �' S1 l _ Business Website E-Mail 2?G r Owner(s)/ Principal Applicant (Iasi, first) _ Home Phone /; f °Y Home Address: (PO B OX not acceptable) Date of birth ) Place o Co-Applicant (lest, fast) / :�2 Z� _ Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth your specific business activity in detail. Subscribed and s. orn to before me this � day of; li 47i 20 ominissian 6fjl7Odsin � tV New McAeno J Kovac k, Hoary Pub€t sr�ro rte on �o ®st�amertarowq __ tayr r3uu�ssMaCrPfras � C�= J� �,� I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or outer 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 Signature Bate City Clerk's Department BUFFALO May 20, 2011 HON. BROON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. IQM1I Second Hand Dealer 507 Elmwood (Nia) PASSED May 17, 201.1 Gerald A Chwalinski City Clerk Q0 I (Rev. 1193) Sire le Page Communication to the Common Cormcil To: The Common Council: Date: May 6, 2011 � From: Department of Economic Development, Permit & Inspection_ Services Division: Office of Licenses Type in Upper and J Lower Case Only Subject: [: Second Hanel Dealer [: 507 Elmwood (Niagara) C� Prior Council Reference: (If Any) [: Ext. ( Item-No. xxx C.C.P. xxWxx/xx Text ( Type Single Spaae Below 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 507 Elmwood 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 Samantha Taglianino. The attached thereto for Samantha Taglianino d /b /a/Offbeat Emporium. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name Type Title: JAMES COMERFORD IC:Psjd i ...r' Date: May 6, 2011 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 507 Elmwood Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Dated Dealer application to the Common Council: =si ' Zoning Office Fire Prevention 1 Building Inspection 4 _ Police Department Police Record Check ® Application 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: OFFBEAT EMPORIUM LICENSE TYPE: SECOND HAND DEALER , ", ....g BUSINESS ADDRESS: 507 ELMWOOD LOCATED AT: BUSINESS PHONE: (716) 390 -8205 COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: SAMANTHA TAGLIANIT10 - APPL. PHONE: (716) 390 -8205 APPLICATION NUMBER: 561299 REFERRAL DATE: 03/23/2011 REMARKS: DISAPPROVAL, REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: / e DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: Ut I �Jej,,A APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW x *% REMARKS: COMM. OF POLICE: w q AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlipZ.rp! a P = 1470 (REV. 3190 Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM There is a $1 0.00 fee to process #leis data, By mail, payment WST be made by money order. DO - NOT send cash through th mail. In person; payment can be :Wade by money order or cash. Checks are not accepted. Make money 9rder payabfe 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 bya'Notary Pub (or) Commissioner of Deeds, •a listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requester information. ' CITY OF BUFFALO ) -- On the , c� day of 11 ' V� , 24 , before one personally appeared 0 , to nee known to be the same p erson descr ped in and who executed the foregoing instrument and acknowledged the execution thereof. ISM GkA ofYO . Notary public 1 Commissioner. of Deeds, * To ]BE CfDM�LETEID B ENT XCATI®N.SECTION PERSO? . .RECORD ATTACHED VERIFIED BY: NO RECORD ON FILE. DATE VERIFIED � MAW" P-147C (REV. 3/96) 't'C) �F M�1LED TO: buffalo Police Department Identification Section 74 Franklin Street Buffalo, Now York 142.02 'Mere is A $10.00 fee to process this data, By mail, payment MUSS' be made by money order. D€)NOT send cash through e 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 yotl. Complete all the information listed below and have your identification and signature verified bya Notary Public (or) Commissioner of Deeds, - listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. � F 4 . = is ALL SIGNATURES MUST BE ORIGINAL OF "PLICANT � ; (� �. � �, EN NAME 'N AME SEX RACE 23 n CURRENT ADDRESS:. 9 DATE OF WORTH SOCIAL SEC REASON FOR "QUEST SIGNA TURES OF 'I i . , STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On the day of z0 , before me personally appeared to me known to 6e the same person described in, and who executed a d acknowledged the execution thereof. A noo iP CITY OF RUFFAL0 OFFICE OF LICENSES 301 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY ISIS REFERRED TO. KEVIN FITZGERALD APPLICATION FOR. OFFBEAT EMPORIUM LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 507 ELMWOOD LOCATED AT; BUSINESS PHONE: (716) 390 -8205 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: SAMANTHA TAGLIANNO APPL. PHONE: (716) 390 -8205 APPLICATION NUMBER: 561299 REFERRAL DATE: 03/23/2011 REMARKS: DISAPPRONtAL REASON: NEW LICENSE 2012 x.. PPE 0 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) DATE. - - -- ( ��P� ROVE ,.�� DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK *"'REASON FOR DISAPPROVAL MUST BE STATED BELOWX'* REMARKS: INSPECTOR RM# -3 i 3 EXT C AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES TIIANK YOU. AppSlip2.rpt CITY OF,BUFFALO OFFICE OF LICENSES 301 CITY HALLr, BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: OFFBEAT EMPORIUM LICENSE T xTE: SECOND HAND DEALER BUSINESS ADDRESS: 507 ELMWOOD LOCA'T'ED AT: BUSINESS PHONE: (716) 390 -8205 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: SAMANTHA TAGLIANINO APPL. PHONE: (716) 390 -8205 APPLICATION NUMBER 561299 REFERRAL DA'T'E: 03/23/2011 REMARKS: CALL FOR APPT BEFORE GOING OUT DISAPPROVAL REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PP OVED DATE:'' DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *' REMARKS: INSPECTOR RM# r EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. AppShp2rpr CITY OF BUFFALO OFFICE OF LICENSES 301 CI'T'Y HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: OFFBEAT EMPORIUM LICENSE TYPE;: SECOND HAND DEALER BUSINESS ADDRESS: 507 ELMWOOD LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (716) 390 -8205 SAMANTHA TAGLIANINO (716) 390 -8205 561299 03/23/2011 CALL FOR APPT FIRST 2nd Request NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPP ED DISAPPROVAL CALL RACK DATE: J 3 DATE: DATE: "REASON FOR DISAPPROVAL MUST BE STATED BELOW " "* REMARKS: INSPECTOR - RM# EXT AFTER INSPECTION PLEASE COMPLETE AND AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpf Corporation Name t Business Phone (r` Business Name (dba) ` �; , - ,:� < > < �, Business Fax ( )�" '�. Business Address (no Pn Mailing Address (if diff NYS Tax D) ## B u$ B usiness YY �p eb$Ete t {_. =i ; _ c �A ( - " '� -- Qwner(s)/ Principal Partners Applicant (last, first) i Yoe Phone f` r E t f i Home, Address. O Box not acceptable) " # ' ° , 4l Date of birth �� Place of Birth Co- Applicant (last, first) ��' � i" �� �; Home Phone Home Address:.(Po Box not acceptable Date of birth f Place of Birth Describe your specific business activity in detail. Subscriber) and worn to before me this ` - �i d / ay of l 20 j Commissioner of Deeds in and foPe City of Buffalo, New York I am aware of the obligation to provide timely notice of any change in required information, and d 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, f certify the, information on this form is true, correct, complete and current to the best of my knowledge and belief. Signature_ of Licenses Room 341, Buffalo NY 14202 i Date fee fee 11 Used Car Dealer $262.50 ® Tire Handier f $118.00 Tire Storage Information 10 -1040 tires Inside ,Storage _ 11 0 :Second Nand Dealer $118.00 13 Tire Handler. U $262,50 — Yes Outside Storage — yes _ no over 1000 tires; Include NYS Environmental Conservation Law Part 360, Storage plan and * Scrap Processor $ 78.75 General Liability Insurance at least $50,000 D Flee Market fee bout for personal in 'j ury and property damage, 1 -10 tables $ 78.75 * Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11 -25 tables $155.00 the certificate holder as City of Buffalo, Office -+-26 tables $210.00 Corporation Name t Business Phone (r` Business Name (dba) ` �; , - ,:� < > < �, Business Fax ( )�" '�. Business Address (no Pn Mailing Address (if diff NYS Tax D) ## B u$ B usiness YY �p eb$Ete t {_. =i ; _ c �A ( - " '� -- Qwner(s)/ Principal Partners Applicant (last, first) i Yoe Phone f` r E t f i Home, Address. O Box not acceptable) " # ' ° , 4l Date of birth �� Place of Birth Co- Applicant (last, first) ��' � i" �� �; Home Phone Home Address:.(Po Box not acceptable Date of birth f Place of Birth Describe your specific business activity in detail. Subscriber) and worn to before me this ` - �i d / ay of l 20 j Commissioner of Deeds in and foPe City of Buffalo, New York I am aware of the obligation to provide timely notice of any change in required information, and d 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, f certify the, information on this form is true, correct, complete and current to the best of my knowledge and belief. Signature_ of Licenses Room 341, Buffalo NY 14202 i Date Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services dated May 6, 2011, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permits and Inspection Services is hereby authorized to issue a Second Hand Dealer License to Samantha Tagliarino d /b /a Offbeat Emporium for 507 Elmwood Avenue. Passed. 34 TAB:rmv t:1wp8©lcnscvordlrmv134c5 -I 7a.doc j 15 f FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS May 17, 2011 BYRON W. BROWN' MAYOR 0003x° DEPARTMENT OF ADMINISTRATION, FINANCE & URBAN AFFAIRS MICHAEL A. SEAMAN DIRECTOR OF TREASURY AND COLLECTIONS Date 05/03/2011 To: Budget CommitteA From: Michael A Seaman Director of Treasu ol lections Re: V Budget hearing questions that pertain to Treasury and Collections VACANT JOB TITLES 1. Administrator of Treasury and Collections Vacancy occurred on 12/2010 (retired) To be filled ASAP 2. Assistant Collection Officer Vacancy occurred 11/2010 (promotion) To be filled ASAP 3. Junior Collection Officer Vacancy occurred 12/2010 (leave of absence) To be filled ASAP APPOINTEE RECEIVING A SEPARATE SALARY 1. Michael A. Seaman BURA $5,000 Responsible for collection accounts REFERRED THE SPECPAL 65 NIAGARA SQUARE / 203 CITY HALL / BUFFALO, NY 14202 -3302 / (716) 851 -5922 / FAX: (716) 851 -5710 / tvnvv.ci€y- buffaloxom } FROM THE COMMISSIONER OF PARKING May 17, 2Q 11 0003 CITY OF BUFFALO DEPARTMENT OF PARKING DIVISION OF PARKING ENFORCEMENT BYRON W. BROWN XLWOR TO: 0 0 ] LF1 Richard A. Fontana, Chairman Common Council Budget Committee Kevin J. Helfer, Commissioner Department of Parking KEVIN J. HELEER CONM1ISSIONER DATE: May 4, 2011 SU CT: Information to be furnished at Common Council Budget Hearings Regarding request for information by Lovejoy District Common Council Member Richard A. Fontana, of April 10, 2011, answers are as follows: 1. Regarding bullet 1, employees with mobile telecommunication devices are; Kevin J. Helfer, Commissioner, blackberry, Carl Baron, Superintendent, Nokia Richard Hooker, Supervisor of Parking Enforcement, Motorola 2. Regarding bullet 2, Kevin J. Helfer, Commissioner of Parking, has the only take home vehicle. The vehicle is a 2006 Chevy Tahoe, V -8, gasoline engine. 3. Regarding bullet 3, none. 4. None, 5. Regarding bullet 5, job title currently vacant are; Superintendent of Fleet Operations, vacant as of 2/4/2019, won't be filled and is eliminated; Data Control Clerk, vacant 11241 2011, will be filled soon; Administrative Assistant, never filled, will be filled soon.; Parking Enforcement Officer, vacant 3/29/2011, will be filled soon, Sr. Administrative Assistant, vacant 12/6/2010, won't be filled. It is a placeholder pending test for Assistant Administrator of Parking. 6. Regarding bullet 6, none, 7. Regarding bullet 7, none. O HE 1 3- P ECIAL 8. Regarding bullet 8, none. - yi - EE ON BUDGET 9. Regarding bullet 9. none. I 65 NIA(a RA S(Q)L AIU..,. / I I 1 ClAY 1 ALL / ; UFFAW, INY 14202-33991'(716) 851 -4222 / VAX: (710) 851..4757 / �e;v�i =.city'- Ix�Ct�iacom FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING May 17, 2011 00.:) { City of Buffalo Department of Community Services & Recreational Programming Byron W. Brown Mayor TO: Councilmember Richard Fontana Chairman, Common Council Budget Committee FR: Otis T. Barker, Sr., Deputy Commissioner RE: Requested Information DT: May 3, 2011 Fisted below is a response to the questions posed: Telecommunication devices. Joe Provenzano, Cell Phone, Senior Services Van Driver Stanely Depczynski, Cell Phone, Senior Services Van Driver Take home vehicles. None Otis T. Barker, Sr. Deputy Commissioner Contemplated Travel Director of BETC to the Annual Meeting of the New York Association of Training and Employment Professionals (NYATEP) tentatively scheduled to take place in Albany, NY. No cost to the City as all costs are covered through the federal Workforce Investment Act (VIVA). Gas cards Joe Provenzano, Cell Phone, Senior Services Van Driver Stanely Depczynski, Cell Phone, Senior Services Van Driver Vacant Positions Commissioner- (Community Services) Senior Services Specialist ® ( Senior Services) Laborer 11— (Senior Services) Youth Counselor — (Youth Services) Human Resource Planner- (Community Services) Research Aide- (Community Services) Account Clerk Typist (Community Services) Manpower Program Coordinator (Workforce Development) lm .. � - s many cases the civil service hiring process is underway. REFE nD TO, THE SPEC ._.., MOL BUD l P 1 Officers and staff d�awirt a se mate sale frorr� allied cit a enc None Positions eligible for reimbursement f rom Community Development Block Grant: .......... S enior Human Resource Planner Human Resource Planner The salary, fringe benefits and all other costs associated with the 'BETC Director and Manpower Program Coordinator positions are reimbursed to the City through the Buffalo and Erie County Workforce Development Consortium, Inc. using grant funding from the federal Workforce Investment Act (WIA). Personal Service Contracts None Officers and staff whom NYS retirement form CSC -20 has been filed: None 2 FROM THE BOARD OF EDUCATION May 17, 2011 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Q 0 0 3 DATE: May 16, 2011 � FROM: DEPARTMENT: Board of Education DIVISION: OFFICE OF THE SUPERINTENDENT SUBJECT: j: "Letter — Council Request from 5/10/11 [: Budget Hearing" PRIOR COUNCIL REFERENCE: [: TEXT; TYPE SINGLE SPACE BELQW Please see attached letter in response to Mr. Kearn's request. TYPE DEPARTMENT HEAD NAME: James M. Kane TYPE TITLE: thief of Staff SIGNATURE OF DEPARTMENT HEAD: f 1 James M Kane Chief qf Staff .:f May 16, 2011 _ Honorable Demone A. Smith, Education Chairman Buffalo Common Council 131.6A City Hall Buffalo, NY 14202 Honorable Michael P. Kearns Buffalo Common Council 1401 City Hall Buffalo, NY 14202 RE: Budget Hearing Dear Councilmember Smith/Kearns: Last Tuesday during the Education Committee's Budget Hearing several issues /concerns were raised including Councilmember's Kearns request for opening schools in the evening, Mr. Kearns suggested implementing a pilot in the North, South, East and West. Here is a breakdown for such services: Food Per School Utilities Engineer Custodial Security Service Week #93 outhside 1001.32 466.60 315.28 715.44 180.00 $2678.64 #91 Build Aca. 403.95 420.44 315.28 715.44 1 50.00 $2035.11 #200 Bennett 1004.97 466.60 315.28 715,44 180.00 $2682.29 #30 Sedita 486.27 420.44 315.28 715.44 180.00 $2117.43 __ __ $9513.47 I-el 1. This breakdown is similar to the old Lighted Schoolhouse program. The buildings would be open Monday through Thursday from C to 9 PM. 2. Food service and Security were included, but we can leave that up to everyone involved. 3. Teachers or an educational model was not involved, but those details can be worked out if there is interest. The School District will wait to hear from the Council on their interest in starting a program at night in the schools. The District will work closely with the Council to tweak or reduce the numbers to offer the program. Thank you for your interest. Sincerely yours, .Tames M. Kane Chief of Staff JMK/er REFERRED TO THE SPECI COMMITTEE ON EDUCATION X3oonj 701 City 14c€ll + Bu f fE €lo, Noe York I4202 Phone. 716.816.3598 Fax, 716.851.3834 0 E €sty €il; jkc€ izc�t�'fbtiJffrl osclzoolv.n €g Pultirrg childr•ert rrrtd rrrrilies first tv ensure high academic achicvennent for• W/ FROM THE CITY CLERK May 17, 2011 00040 IMI Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 3075 Bailey Avenue 427 -431 Elmwood Ave 1545 Hertel Avenue 62 Allen RECEIVED AND FILED May 17, 2011 Business Name Owner's Name The Good Life Sport Bar & Grill, Inc, EPIC Ben Elway LLC Bob & John's LaHacienda Atmosphere Thomas S. Hazelet Davalls Hoapitality LLC s t� Standardized 1VOTIC FORM for Providing a 39-Tlay Advance- Ito tice to a Local Iklttulclna[ety crr Guttuttanitp Boated STATE OF NEW YORK ' g EXECUTIVE DEPARTMENT in comtectianwirft the submiWonro fire Slate LrquorAuilw sitynfa �C{tr°CICOtte DIVISION OF ALCOHOLIC BEVERAGE CONrROL STATE LIQUOR AUTHORITY A1t�ratiQn �: Iic�tiQn o for an On- reiniees A leghollcBevern e i i erase 1, Bate the original copy of this Notice cvas malted to the I,ncal rile »icipalityor Comanumty Board: � � � � � () Tl 1 2. Name of the Local Municipality or Community Board: } 3. Typc(s) of alcohol sold or to be sold under the once Beer Only Wine and Beer Only Liquor, Wine, and Beer Extent of food st mt o El Kitchen (Sale of food primarily; Full food menu; X Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily — l 1 W one Kltehen run by chef! inects legal minimun food availability requirdalenta) 5 Type of Hotel Live [] Disk Juke ® Patron Dancing ® Cabaret, Night Club, Discotheque Capacity for 6x00 establishment: Mus ic Jacket' Bore (Small Scale) (Large Scale Dance Club) or more patrons dop f °2, all VMMD Club (e.g. Golf / Bed & Catering 0 Karaoke T0 � Recreational Facility that apply) Fraternal Or Breakfast Fac€lity Bat leas Restaurant (Sports Facd€ty /Vesscl) ���111 f _ 1 1�1 Ent. 6 Licensed None I i Rooftop ® Patio Freestanding Garden / Sidewalk Other outdoor area: 1_- 1 or Deck Covered Structure Grounds Cafe (Specify): 7- Will the license holder or a manager be physically present within the establishment during all hours of operation? ( one YES I i NO . Kwi! 1t.-.M tlsl WY Yw Yev Tr, 8. License serial number 9. Expiration Date: T� 10. The applicant's or license holder's full name, as it appears or will appear on the license: The Good Life S Ort $1r 6 Gril ZI1C . 11 The trade name, if any, under which the establishment conducts or will conduct business: 12. The establishment is located within the building which has the following street address: 3076 Bailey Avenue 13. City, Town, or Vil lage: �ll��e3� 0 NY Zip Code: Z 14. The establishment is located on the following floar(s) of the building at the above address: IS. within the building at the above address, the establishment is located within the rooms) numbered as follows: 15. Business telephone number of applicant /licensee: 17. Business fax number of applicant/licensee; 18. Business e-mail address of applicant /licensee: Does the applicant or license holder If "YES', SKIP items No. 20 -23. If `NO ", ANSWER items No. 20 -23, 19. own the building in which the ® Complete the 3 entries No ® and complete the 3 entries establishment is located? ( °3(' ne Yes at Item No. 24. t Item No. 24. s {?14 biMr iIII} It1 i ([l' 2ICi( 1"3 r Sl•1 `LB7i�i f I A 3 3 4 — — — 20. Building owner's full name is: 21. Building owner's street address: 22. City, Town, or Village: Zip Code: 23. 1 Business telephone number of building owner: 24 - -- Eric Humphrey President I� STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE.LIQUOR AUTHORITY Slnndnrdlzed NOTICE .FORM for Providing a 30 -DaY Advani s Notice r l.a Local Municl Ali or Communi Board Irr connection with the suhutission tv.the Stare LtgaorArntioriryafa �CII @CI>= OJ•tG' New A licatiQn Re>i ewal A licatjojj El Ait�>I<ation A iicatic>in� ❑ for 111, (3n- Premises Alcoholic Beve- a License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: TH18 36 DAY At7VANCE 1V(�TfCE 1S #BEING pRQV]Di lJ TO 1HE CLERK OF THE FohL()Ly1NG LOCAL Iv7t7NdC)PALI I Y OR CCSNit1E1NITY BOARD 2. Name of the Local Municipality or Community Board: FEiR NEW AI'I'I ICANTB, PR(}YIDE DEBC IPTI N BELOW:VSING AIL irJIpOItAf/#TION Vi*OWN TO VATS FOR ALTEIRATICrN APPLICANT$, ATTACH COM PLETV b"ci t1I'TIOif AND?pIAGRA - 9 OF' PROPOSED ALTZRATIO1Y( &) i?'oR 0[IRREIIT LIC1 , Bl Ir'ORTH APFROYkI> AlWMOD OF0PFPATI9X QNi.Y :...: AO!'NOT IISE Ti' S FORM .To GIiANC.E YOUR b1WrH0D -OF OPERATION.. 31 Type(s) of alcohol sold or to be sold under the license Beer Only Wine and Beer Only Liquor, Wine, Beer # X one): and Extent of 4 food service: - Restaurant (Sale of food primarily; Fall food menu; 11 Tavern / Cocktail Lounge I Adult Venue / Bar (Alcohol sales primarily ( Kitchen run by chef) meets legal minimum food availability requirernents) S. Type of establishment: Hotel Live Disk � Juke [] Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 Music Jockey Sox (Small Scale) (large Scale Dance Club) or more patrons ( "3L° all that apply) Club (e:g. Golf/ Bed & Catering Karaoke Top- Recreational Facility fraternal Org.) Breakfast Facility Bar Tess Restaurant (Sports Facility /Verse[) Ent 6 ' Licensed outdoor area: None Rooftop Patio Freestanding Garden Sidewalk Other or Deck � Covered Structure 11 Grounds 11 Cafe 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( - X' one : f Yd I YES I I NO 81 License serial number: % Expiration Date: lO, The applicant's or license holder's full name, as it �"° . f appears or will appear on the license: 6c/ ll. The trade name, if any, under which the establishment conducts or will conduct business: 12 The establishment is located within the building � Z 7 - 11eii.J which has the following street address: G�00 0 13. City, Town, or Village: �/i� jrQ NY Zip Code: 14. The establishment is located on the following floor(s) of the building at the above address: .� ` d r 15. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant /licensee: i1 17. Business fax number of applicant /licensee: Y r 18. Business e-mail address of applicant/ licensee: 19. Does the applicant or license holder own the building in which the °X° If `YES ', SKIP items No. 20 -23. 11 "NO', A,YSW ER items No. 20 -23, A ® Complete the 3 entries and complete the 3 entries CS No establishment is located? ( one at Item No, 24. at Item No. 24. OWNER OF HE BUIMING IN WHICH THE LICENSED,ESTABLISHMENT IS LOCATED .. Ol 20. Building owner's full name is: 2l . Building owner's sweet address: i/$ ('g/� f �G 22. City, Town, or Village: � � Zip Code: 1 2, 23. Business telephone number of building owner:` l am the applicant or hold the license or am a prhicipal of the legal entity that holds or is applying for the license. Reprcesentatioh$.in this (orris are ii :conformity wi€h ' rcpt ser tatians made in submitted documents robed upgii.by the Authority when granting fhe'lircnse. d uiidcrstand•ihat representations madd in ;this form will also be relied upon, and that false represcntations may result in' disapproval of the application or revocation of license, ' 24 By M signature; ]affirm - ui taer PeuaitofPe�r t12at t lta rea entahons ode' tS fo Printed I;azne Tin L� --j ;acu 2. 1 Name ortho Lacai Hlu impanty or community I3aard: 9. Types) of alcohol sold or to be sold under the license Beer Onl Wine and Bear { —V o e : y Ong Liquor, Wine, and Beer LAJ b e ons of Restaurant Sale of food ruuarff Full food menu: Tavern a 4. food service: Kitchen run b the p y, / Cocktail Lounge Adult Venue g /Adult Bar (Alcohol sales primarily— ( .�. Y � meets legal minimum food availability requirements] 5. Type t Hotel ® Live ® Disk Juke Patmu Dancing Cabaret, Night Club, Discotheque Capacity for 600 establishment Music Joo �Y BOX (Smelt Scale) � {Large Scale fiance Club) � or more patrons ( all 0=0 Club (e.g. Gulf/ Bed 115 Catering Kamoke ( � op- 1t stational Faeilify EbataAPly) FraternalOrg.) Beakfast P Faellity Bar I ( n � Restaurant j Ent. � (Sports Facility /Vessel) 6. Licensed l[ Nana Rooftop ® D / Sidewalk Other outdoor area., Pa Frcestending 4ardan or back Covered Structure Grounds ® Cafe Egiecify}: 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? (W Ma j! ® YES ® NO &. License serial number, 9. Explration Date: 10. The applicant's or license holder's full name, as it nn appears ar win appear an the 1€aense: �� 1 I�la _ •��- �!���" t 1. The trade Warne, if any, under wM the bliahment conducts or wilt conduct uot business: L��.... 12, The establishment is located within the building f which has the follovzing atrect address: °°[ ��,. ��� ���'� 13. C €ty, Tnwn, or Y(Ilage: Zip Cads: 14. The establishment 3s located on the fgltovring floors) of the build(ng at the above address: ���� 15. Within lho building at the above address. the oetabl€ahment is located w[tiriri lire raartt(s) numbered es fellows: 16. Business telephone number of applicant /licensec: 17. Business fax number of applicant /licenses: _ ! 18. Business e-mail address of applicant /licensee: f cow ! Doss the applicant or license holder If "YES', SKIP items No. 20.23. if'NO', ANSWER items No. 20 -23, l9. own the building in which the Complete the 3 ontries end aomple[c the 3 entries establishment is located? (,& o ne) Yes at Item No, 24. No ® at Item No, 24, s e b 1FIB1I1L1€}IT A-0 Cll�l j6Ld Ei DE lRF?I it k7 Ii1 20. Building owners full Heine is: ho Y� ,o ' U !25 21. Building owner'satrsetaddreas: V o n Vd ' 22. City, Town, or Village: Zip Cam: 23. Business telephone number of building owner: i t t it t p l i 9 x+ tarlto 3 thataenaeormprlttioffhatEbtltltttlauldear4ap (�iymgtnctla7lasc lelzaetttatitnth €efnfit 1 9( . list3tekrvtl# ar3ddr5ln suhjn�tfie51 clacumand3 veiled �lYl lcttthgti�vrgrattiingllo lkerl ln?igratcd prat repteltentat€au made {ix th(� fiirns X1(1 alert ke aritd t>�x fal�s�nt�fr4aa x� �tt�rg E�rvaT �t'c�te �iun � reva�ar� a£t1r� lkar�- 24. rnkSge j . ,. , tt dot Plug . ,slut tb i45btitu€}s{tff ifs s $ate ato trsla ST ti EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF REARING PURSUANT TO SECTION 64(7) OR 64ea(7) of the Alcoholic Beverage Control Law Ta: A licant Address ono Princi al Residence Address Commurii Uoard /ll�unici all l�avalls I-fospitality LAC Cii<y of ��aff�lo �trr�osphere ����� ©f the City Clerk 62 Alley street 130 City fall t3uffal0, Buffalo, NY 14202 PLEASE `FAKE 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 506 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: An on- premises liquor license application was filed on 611 1/2010 with the State Liquor Authority for the following premises: Applicant's Serial ERIE OP 3149497 Number and Name: 1]avalls Hospitality LLC Premises Address: Q Gillen Street Buffalo, NY 14202 i estimony MR be faKen from: the appli aftor an au thorized 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 (46) hours prior tp the scheduled date and time of the hearing by calling the license Bureau at (716) 647 - 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. FORM: L.D.3 (5111) roam 0004-1 3 ' No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. 0 May 17, 2011 11 #3 (Rev 1 -02) t� In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffal% t transmit this certification of appointment(s)or pronzotion(s). 1 further certify that the per5on(s) narned in Schedule "A "have been certified approved by the Human ResourceslCivil Service for the Appointment Effective: 05/02./ in the Department of Public Works, P & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT (Enter Starting Salary) : Startij g.Salaty of: $15.00 LAST JOB TITLE Sr. 1 Class Stationary Engineer NAME Charles A. Kulp LAST DEPARTMENT Buildings DATE 04/03/11 ADDRESS 1015 Abbott Road LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 1163 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 2010-92 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY; Commissioner of Public Works, Parks & Streets DATE: 04/28/2011 w SIGNATURE OF APPOINTING AUTHORITY: UNIUNAL + 3 UUME6 1(] -t ITY C,L RIB; (ON1LiE1 QRE APPOINTMIeNT DATE} OTHER COPIES TO: #5- COMPTROLLER #5- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I 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: ho in the Department of Public Works, Parks & Streets Division of Streets to the Position. of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Fiat (insert one) FLAT jEnter Starting Salary) : Starting Salary of. $91.87 LAST JOB TITLE Account Clem Typist NAME David Reyes LAST DEPARTMENT DPW DATE 4111 ADDRESS 7 Tower St. LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -3765 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 0010 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL RECD. NO 2010 -021 SALARY RANGE OF POSITION $91.87 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: q NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak Commissioner - 515/11 ORIGINAL + 3 COPIES TO: 'CITYGLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #10-EMPLO ____ , 43 (Rev 1 -02) Certificate of Appointmentf In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointrnent(s) or proniotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: I in the Department of Relic Works, Parks & Streets Division of to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Enter Starting Salary) : Starting Salary of; $1 1.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jonathan Gould DATE ADDRESS 685 South Ogden St. CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX -82 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 13111001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2010 -22 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. SY�� TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 5f4/11 ORIGINAL ¢ 3 COPIES TO. CITY CLERK' APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10-EMPLO .,__ r �1i No. Appointments e 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. May 17, 2011 43 (Rev ] -02) � Cert ificate f Appointment �` In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinatrces of the City of Buffalo, I transmit this certification of appointments) or proinotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by tltc Human Resources /Civil Service for the Appointment Effective: May 2, 2011 in the Department of Human Resources Division of Civil Service to the Position of Typist 9- Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of. $30,507 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Celia Quintana DATE ADDRESS 133 Commonwealth Ave CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -7471 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 12554001 TITLE CODE NO 0200 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2010 SALARY RANGE OF POSITION $30,507 « $33,526 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Olivia A. Licata Acting Commissioner April , 2091 ORIGINAL + 3 COPIES TO: CITY CLERIC JOWBEFORE APPOINTMENT DATE OTHER COPIES TO: #6- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET W DEPARTMENT #9- DIVISION #10- EMPLOYEES) #3 (Rev 1 -02) Certificate of Appointment in compliance Nvith provisions of Section 24 -2 of the Charter and Chapter. 35 -1 of tite Orduiwrces of the City of Buffalo, I transinit this certification of appointment(s) or pro,notion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Fiuntan Rcsources /Civil Service for the Appointment Effective: May 9, 2011 in the Department of Audit and Control Division of Accounting, Investment & Debt Management to the Position of Junior Auditor Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM tEnter Starting Salary) : Starting Salary of: $34,569.00 LAST JOB TITLE Junior Accountant NAME Elizabeth Krause LAST DEPARTMENT Audit and Control DATE 1014110 ADDRESS 267 Lafayette Ave. #207 LAST SALARY 34,569.00 CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN, XXX -XX -1719 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 104149001 TITLE CODE NO 0440 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5177 SALARY RANGE OF POSITION 34,569 -- 38,517 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Darby R. Fishkin Deputy Comptroller c °°- X14-11 I _j OTHER COPIES TO: #5- COMPTROLLER #G- HUMAN SERVICES /CIVIL SERVICE #7- - BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEIS) 93 (Rev 1-02) (b Certificate t 4=4 In compliance with provisions. of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordintinces of the. City of Buffalo, l 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: T in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Account Clerk Typist Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) ! ,(Enter Starting Salary) : Starting Salary of. $32,879 . LAST JOB TITLE Clerk NAME Vincent Lopez LAST DEPARTMENT DPW DATE 5111 ADDRESS 144 St, James St. LAST SALARY $11.07 CITY & ZIP Buffalo, NY 1421$ LAST 4 DIGITS OF SSN. XXX -XX -2$74 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGIT OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE %O = ( TITLE CODE NO 0401 BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2010 jq j SALARY RANGE OF POSITION $31,754 - $35,127 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: q NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 515111 if 1 ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE QTHER COPIES TO #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7 BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) e Certificate In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: t J in the Department of Public Works, Parks Streets Division of to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Nan- Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP (Enter Starting Salary) : Starting Salary of $22,190 LAST JOB TITLE Street Worker NAME Perry Pope LAST DEPARTMENT DPI! DATE 6111 ADDRESS 384 Cambridge Ave. LAST SALARY $22,187 CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -2874 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 13191001 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010-132 SALARY RANGE OF POSITION $22,070 0 $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 512!11 ORIGINAL + 3 COPIES TO: CITY CLERK ' ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7 BUDGET 0- DEPARTMENT #9- DIVISION #10 MPLOYE(S} #3 (Rev 1-02) Certificate i t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, l transmit this certification of appointment(s) or proniotion(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: b ) I in the Department of Public Works, Parks & Streets Division of to the Position of Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 22,468 MAST JOB TITLE. Laborer II NAME Laura Austin LAST DEPARTMENT Parking Enforcement DATE 3111 ADDRESS 21 Tuxedo Place LAST SALARY $22,070 CITY & ZIP Buffalo, NY 14207 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 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 419001 PROD. ID PERSONNEL REQ. NO 2010 -86 SALARY RANGE OF POSITION $22,468 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING_ AUTHORITY: Commissioner DATE: ORK31NAL + 3 COPIES TO : CITY CLERK` ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1-02) w7rt"I rill 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 appointinent(s) or promotion(s). I further certify that the person(&) named in Schedule "A" have been certified or approved by the Duman Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 011t Public Works, Parks & Streets Struts Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non- Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM kEnter Starting Salary) : Starting Salary of $22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Thomas Gill DATE ADDRESS 181 Woodside Ave. 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 15030001 TITLE CODE NO 6821 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 201 SALARY RANGE OF POSITION $22,468 - $37,447 PER YEAR DAY FLOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Ste niak Commissioner UHIUINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #8- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certif In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the CRY of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Streets to the .Position of Tru Driver Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM ,(Enter Starting Salary) : Starling Salary of: $ 22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME John Kaiser DATE ADDRESS 24 Parkview Avenue CITY & ZIP Buffalo, NY 14210 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 62002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ, 411001 PROJ, ID PERSONNEL REQ, NO 2010 -920 SALARY RANGE OF POSITION $22,466 - $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY, Cora isaioner - DATE: �" (, /11 UKIUFNAL + ;3 UUPIEb I U: ".CITY GLIERtf ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 49- DIVISION #10- EMPLOYE I {S) #3 (Rev 1 @_-, Certificate i In compliance with provisions of Section 24 -2 of the Charter and Chapter 35.1 of the Ordinances of the City of B € €ffalo, I transmit this certification of appointments) or promotion(s). t fi €rther certify that the person(s) nained in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service For the Appointment Effective: in the Department of Division of to the Position of _q -, TI _0 Public Works, Parks & Streets Streets Truck giver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of. $ 22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jody Torres DATE ADDRESS 99 Alabama St. CITY & SIP Buffalo, NY 94204 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 52002609 TITLE CODE NO 6029 BUDGET ACCT. OBJ. 497009 PROD. ID PERSONNEL REQ, NO 2090 ®939 SALARY RANGE OF POSITION $22,468 a $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Co mi si gner DATE: I V- ) f la / // I OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /C1VtL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #3 Rev 1 -02) C VIJ Certificate i t t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I f€irther certify that the person(s) named in Schedule "A" have been certified. or approved by (lie Ifun3an Resources /Civil Service for the Appointment Effective: > in the Department of Public Works, Parks & Streets Division of to the Position of Streets Truck Driver Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) MINIMUM kEnter Starting Salary) : Starting Salary of: $22,468 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Larry Judd DATE ADDRESS 108 Eden St. CITY & ZIP Buffalo, NYC 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 15030001 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2010101 SALARY RANGE OF POSITION $22,468 a $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: � ir. 1 // _.' SIGNATURE OF APPOINTING AUTHORITY: URIUNAL + 3 UOPIk5 Ta .: = CITY :CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #10- EMPLOYEE(S) #3 (Rev 1-02) �t 4 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resoniees /Civil Service for the Appointment Effective: 511'fll 1 in the Department of Division of Public Works, Parks & Streets Water to the position of Senior Engineering Aide Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT y Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of: $ 36,61 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Desmond Nails DATE ADDRESS 27 Brunswick Blvd. CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX-XX -0680 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 53003721 TITLE CODE NO 4010 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2010106 SALARY RANGE OF POSITION $36,612 - $41,766 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 4129/11 ORIGINAL + 3 COPIES TO: :CITY CLE RK' ONIBEFORE APPOINTMENT DATE _... ..._. .............::........:.: OTHER COPIES TO: #5- .COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE; #7- BUDGET #S- DEPARTMENT #9- DIVISION #10- EMPLO YEE(S) In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Bu &I*, 1 trans €nit this certification of appointment(s) or pro €notion(s). 1 further certify that the person(s) natned in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective; 4vil in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $30,507 LAST JOB TITLE NAME Veronica Gerald LAST DEPARTMENT" DATE 05/05111 ADDRESS 57 Pauline St. LAST SALARY CITY & ZIP Buffalo, 11214 LAST 4 DIGITS OF SSN. XXX XXa 0252 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 10319001 TITLE CODE NO 0015 BUDGET ACCT. OBJ, 411001 PROD. ID PERSONNEL REQ. NO 2410 l SALARY RANGE OF POSITION $30,507 PER YEAR DAY .HOUR YEAR Rik NAME OF APPOINTING AUTHORITY: Oswaldo Mestre TITLE OF DA .,.PO OR Director _. w . MO M` #8� DEPARTMENT #M I i5I N _S T i 3 L � NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS May 17, 2011 - q t�) A X , In 1907, Buffalo was the eighth largest city in the nation. More millionaires per capita lived here, at the geographic and political center of the country, than anywhere else in the US. The Pan American Exposition shone a brilliant spotlight on the City of Light — and then President McKinley was assassinated. A pall was cast on Buffalo, and a monument to the slain President was erected. An event to Bring back those who had drifted away during those few dark years and to inaugurate the McKinley Monument in Niagara Square was conceived. Buffalo old Horne Week took place on September 1-7, 1907 and by all accounts, was a great success. Buffalo's heyday continued unabated. Fast forward to 2000. Ninety -nine years later, the desire to build community was greater than ever and Buffalo Old Home Week was revived on August 24 -27, 2006, by a small band of Buffalo enthusiasts. It was remarkably successful -- beyond all expectations. Clearly, the time was right to boost Buffalo in significant and meaningful ways. The size of the event has doubled every year since, and the undertaking has progressed from a single annual event to a year -round endeavor with multiple events, a web presence, a constituency and a great deal of momentum. Renamed Buffalo Citybration, this four -day event showcases Buffalo's assets, highlights opportunity and celebrates the city's many successes to help keep our best and brightest here, to bring back those who have left and to attract entrepreneurs and professionals to help grow our community and our economy. It accomplishes this by partnering with the business community, our arts and cultural organizations, our many excellent schools, our sports teams, civic and grassroots organizations, government and development agencies, veterans groups and more. Citybration proactively addresses the retention and attraction problems that have led to ongoing population losses in true Buffalo form — by throwing a party! REFERRED TO THE COMMITTEFA ON COMMUNITY . Buffalo ffi cnrta A CelabmUbn offer G1- 24-27, 2010 00 � Memorandum To: From: Date: egarding: Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 2, 2011: 1. Draft Agenda Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider May 3, 2011 Board Packet Documents 2. Meeting Minutes from JSCB Meeting dated April 4, 2011 3. Fully Executed Phase IV Application and Certificate for Payment No. 33 —March 2011 4. Fully Executed Phase HI Application and Certificate for Payment No. 46 —March 2011 S. Phase IV Application and Certificate for Payment No. 34 —April 2011 6. Phase V Application and Certificate for Payment No. 17 — April 2011 7. Resolution of JSCB Approval of Closing Documents for Phase V 8. Program Packaging and Development Services (PPDS) Provider Update 4. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project m- March 2011 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV March 2011 A ILI { 000405 tic 1432 Amherst Street Buffalo, N"'Ll 14216 April 29, 2011 Commissioner Jaynes Comerford. Jr. Permit and Inspections Division Buffalo, NY 1 : 890 Elmwood Avenue — Allentan Salon ear Mr. Comerford: I'm the former landlord for AllenTan at 466 Franklin Street. A while back, I spent over $20.000.00 to accommodate this salon to my property. It requires individual 220 amp outlets for each tanning bed and separate rooms. I acquired all the appropriate approvals from the City when I had that work done. It was a difficult process. Not only has the owner of this salon, Michael Hartke, not paid me rent since September, he has moved effective ?vlay I to 890 Elmwood Avenue. While this is obviously any own personal problem, I do at least expect the City to require the same permit approvals that were required of me. The previous use of this site did not have 7 indiv=idual rooms; nor did it require 7 individual 220 amp outlets. I have been observing the property for 2 months and have not seen the required building pertnit posted on the window. I would appreciate your concern in this matter. Thank you very much. Sincerely, Charles Frederiksen CC: Mayor Brown City Council Inspections Office Electric Inspections Office Dominic Vligliaccio.. Esq. RECEIVED AND FILED IN u� Telephone: (716) 628 -7777 ® E -mail: chardeb @adelphia.net e ebsite: homerestorationbuffalo.corrr CULTUrAl— S TATE OF NEW YORK 0 'QU- M! —A rlclN� LEGISLATURE OF ERIE COUNTY CLERK'S OFFICE BUFFALO, N.Y., April 14, 2011 TO WHOM IT MAY CONCERN: I HRM CMTWY, That at the 8th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the Fourteenth day ofApril, 2 011 A.D., a Resolution was adopted, ofwhich the following is a true copy; A RESOLUTION TO BE SUBMITTED LEGISLATOR MILLER- WILLIAMS, WWYTE, MILLS, KOZUB, WHALEN, GRANT, MAZUR, BOVE, MA.RINELLI, LOUGHRAN, WALTER, FUDOLI, HARDWICK, DIXON & RATH WHEREAS, since Eric County has been unwilling to provide vital funding for several small and medium sized cultural groups located in the City of Buffalo despite the efforts of the Democratic Majority in the Eric County legislature; and WHEREAS, since 2000 the City of Buffalo has not provided support to culturals groups located in the City of Buffalo; and WHEREAS, since the City of Buffalo now finds itself with a surplus of revenue thus providing an opportunity to fill the void created by the County's failure to fund certain cultural organizations; and WHEREAS, the Common Council of the City of Buffalo has recently approved a one -time expenditure of $300,000.00 to be spread among approximately 30 cultural organizations located in the City of Buffalo; and WHEREAS, it is appropriate that both the public and private sector work in a harmonious manner to ensure that our cultural agencies are adequately funded. NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature does commend the Common Council of the City of Buffalo for its recent action in providing funding for cultural agencies located in the City of Buffalo and encourages the Mayor to ratify this expenditure as soon as possible; and be it further RESOLVED, that the Erie County Legislature encourages continued dialogue between both the public and private sectors as we seek a longterm solution with respect to the funding of cultural organizations in Erie County. RESOLVER, that certified copies of this resolution be sent to the Mayor of the City of Buffalo, the Common Council of the City of Buffalo and Mr. Randall Kramer of the Greater Buffalo Cultural Alliance, 111. . ROBERT M. GRABER l Clerk of the Legislature of Erie County 00047 Date: May 1, 2011 To: Common Council Members Mayor Byron Brown Sam Mascia, Interim Chair, Police Reorganization Commission From.: Patricia F. Harris, Citizen Advocate #e: Appointments to the Police Reorganization Commission It remains a serious concern that as of the most recent Police Reorganization Commission Meeting, of Thursday, April 27, 2011, there is only one woman out of fourteen appointments. In the interest of having a more balanced Commission it is suggested that all further appointments should be women. If this cannot be accomplished, it places an undue burden on the Commission to reach out to women in other ways, which may be difficult given the limited timespan of the Commission. Clearly women need to have full representation as they are about half the population, are victimized by crime and are affected by how police handle complaints and arrests of women. It should not be hard to identify women in various categories to bring their expertise to the table. The following general suggestions for appointments are offered: Sworn law enforcement individual, active or retired. Ion -sworn law enforcement individual, active or retired. Also: Someone teaching in an area criminal justice program. Someone from the Human Trafficking Task Force. Someone with personnel experience. Someone from non- partisan, well established women's groups. (E.g. LWV, AAUW, one of the Black sororities, Women for Human Rights and Dignity, Hispanic Women's organization, etc.) I urge your consideration of this concern, as not having women's input on a wider scale will hinder the ability of this Commission to complete its important mission. Thank you for your attention to this matter. REFERRED TO THE COUNCIL PRESIDENT 00048 Pa"ak,Jares From: Licata,©livia Seat: (Monday, May 09, 2011 11.55 AM To: Pajak,James Cc: Councilmember Fontana; Savage III, Peter Subject: RE: Information Request Response Hi Jim: I was on vacation and returned today, (I did leave an out - of - office message for e mails). In response to the attached memo, there are no employees in the HR Department that prescribe to any of the conditions. listed. Olivia From: Pajak,lames Sent: Thursday, May 05, 20116:13 PM Cc: Councilmember Fontana; Savage III, Peter Subject: Commissioner/ Director: The Council has concluded its Budget Hearings and will begin its Budget Workshops starting Monday, May 9, 2011. To date, we have not received your response to the Information Request shown by enclosure. Please provide this information to the Legislative Staff Office (as cited in the instructions) as soon as possible since it is needed prior to next week's budget workshops. Thank You for your assistance in this matter. James S. Pajak Common Council - Chief of Staff City of Buffalo 1412 City Hall Buffalo, IVY 14202 Ph: 716 -851 -4047 Fx: 716 -851 -4234 HERD TO THE SPECIAL a� TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: May 5,Z0ll y : Elmwood Village Charter School I would like to file the attached information for the next Common Council meeting to be held on May 17,2011. Thank You, Darius G. Pridgen Ellicott District Council Member REF TO -X-I � i k Cp l charter schoo Authorizer: NYS Education Department Management Cornpany: None Initial Charter Granted: January 2006 Opened for Instruction: September 2006 Grades Served: 2006 -2007 - K -4 (125 students) 2007.2408— K -5 (150 students) 2008 -2009 — K -6 (175 students) 2009 -2010 — K -6 (175 students) 2010- 2011— K -6 (200 students) Proposed Grades and Number of Students Served: 2011 - 2012 — K -7 (250 students) 2012.2013 — K -8 (300 students) 2013 -2014 — K -8 (325 students) 2014 -2015 — K -8 (350 students) 2018 -2019 — K -8 (450 students) 2010 -2011 Student Demographics: White 47% Black 25% Hispanic 18% Native American 4% Asian 6% Economically Disadvantaged: 46 %P Students with an IEP 13% Section 504 Plans 17% LEP Students: 3% 2009 -2010 Performance on NYS ELA Assessments: Grade 3 L III 40% L IV 44% (84°%) Grade 4 L III 72% L IV 4% (76 %) Grade 5 L III 52% L IV 24% (76 %) Grade 6 L III 64% L IV 14% (78 %) 2009 -2010 Performance on NYS Math Assessments: Grade 3 L 111 24% L IV 56% (80 %) Grade 4 L III 36% L IV 48% (84 %) Grade 5 L III 40% L IV 48% (88 %) Grade 6 L III 55% L IV 32% (87%) 2009 -2010 Performance on NYS Science Assessment: Grade 4 L 111 36% L IV 52 % (88 %) State Assessments are graded off- -site by Accelerated Student located at 21 Canterbury Rd., Clifton Park, NY, that grades assessments for schools in Long Island, Syracuse, Buffalo and Rochester. EVCS has participated in two scoring audits, one in 2009 and one in 2010. The Elmwood Village Charter School is a vibrant school community that is meeting the academic and social needs of 200 students in the City of Buffalo. The.school emphasizes social responsibility, arts integration, multi culturalisrn, and community alliances. The school operates with the belief that the social curriculum is as important as the academic curriculum, and children must meet with social success before they can achieve high levels of academic success. The students at Elmwood Village are experiencing this success in an intimate, peaceful; and diverse school community that appreciates different learning styles. At Elmwood Village Charter School students know that they are valued and respected, and that each one of them can contribute to school life. Elmwood Village Charter School is extremely proud of the academic performance of its students. EVCS surpassed —by a wide margin — the State Performance Index for every grade and for each year of operation. In 2010, even with the more rigorous standards applied to the New York State Assessments, EVCS surpassed NYS performance by 26% in ELA and 24% in mathematics. Our scaled scores on the 2010 NYS Assessments were the highest of any public elementary school in the City of Buffalo, and surpassed most suburban districts. 22% of our students scored in the Level IV range on the ELA Assessment, and 46% of our students scored in the Level IV range on the Mathematics Assessment. These results affirm that our efforts to challenge students to achieve beyond proficiency are meeting with Success. Parents are overwhelmingly satisfied with EVCS. The most compelling evidence of parent satisfaction has been their call to expand the school by adding a seventh and eighth grade and an additional class at each grade level. Parents cite their desire to have their children continue their middle school education in the school's safe, secure, and high achieving environment. Students are thriving at EVCS socially as well as academically. Student suspensions dropped from 8% in 2006 -2007 to just 1.16% for the past two years, even though enrollment increased. EVCS has never sent a student back to district because of discipline problems or special education needs. The average student turnover rate is less than 9 %. EVCS is a victim of its own success, with a significant number of students leaving the school at the end of fourth grade to attend City Honors School. As student performance at EVCS has increased, so has the percentage of students testing into City Honors. EVCS strives to meet the needs of all learners. The school offers a full -range of special education services that include push -in, pull -out, consultant teacher, resource room, speech, and occupational and physical therapy. EVCS employs four full -time special education teachers who work alongside of general education teachers to utilize strategies that are successful with a wide -range of learners. EVCS employs one certified ESL teacher to serve the needs of the increasing number of students with limited English proficiency. The number of students with limited English proficiency has gradually increased from 0% to 3% school -wide, with 8% of our current limited English proficiency are provided opportunities to achieve the same educational goals and standards as the general student population, 17 Days Park Bq&lo, ATery York 14201 716.881.6464 112 Cottage Street Ba falo, NOV York 14201 716.884.0001 February 26, 2010 Byron Brown, Mayor Honorable Members of the Common Council Richard A. Fontana — Lovejoy David Franczyk — Fillmore Dr. Curtis Haynes, Jr. -- Niagara Joseph Golombek, Jr. — Not Michael Kearns — South Michael LoCurto — Delaware David Rivera — Niagara Bonnie E. Russell — University Demone E. Smith — Masten RE: Buffalo Public School 9 36 �5 �v 4 We are residents of and homeowners on Days Park. We unequivocally support the purchase of the original Buffalo Public School # 36, Iocated at 10 Days Park, by the Elmwood Village Charter School (EVCS). As you are aware, EVCS is a successful public charter school, which has recently renewed its original five -year charter, after rigorous review by the New York State after rigorous review by the New York State Department of Education (SED). The SED has such confidence in EVCS that it has taken the unusual step of approving a split campus for the school, which includes both the planned expansion to Buffalo Public School 36 and its original location on Elmwood .Avenue. The close proximity of School 36 to EVCS's current building was a key, if not decisive factor in the SED's decision to give EVCS the go -ahead for plans for a split campus. There has been a public school at 10 Days Park since the 1860's, when Thomas Day, the donor of Days Park to the City of Buffalo, sold the land. For almost 150 years, children have benefited from having a public park directly in front of the school building. The school has incorporated the park into its learning environment and the neighborhood has incorporated the school into the stewardship of the landscape. A public park is not exclusionary, and the relationship between the school, the neighborhood and the park has created a community diverse in income levels, race, and ethnicity-, for - the successful restoration -- - green�� ace. . _ _, We understand there is another group interested in 10 Days Park, which also proposes that the building be utilized as a new charter school. However, as a newly chartered entity, this school does not have a proven academic record. It is very possible that this new school will not exist in five yew's and the community will be faced with an empty building. Moreover, it is our understanding that this school will not own the building, but rent it from a developer, which means that the continued use of the building as a school is very uncertain. The Days Park Block Club and we, residents of Days Park, support the use of the building ONLY as a school, EVCS has spent many, many months vetting its plans with the community both at the block club and neighborhood level, with open lines of communication and . much community consultation, The other group that has expressed interest in the school has not done that, choosing instead to discuss its plans only within the walls of City Hall. There are many empty school buildings in the City of Buffalo. Tapestry Charter School, EVCS, and private developers are not interested in these other vacant buildings. The desire to rent or own BPS 36 is due, in large part, to the hard work and success of the Days Park Block Club. The block club is responsible for the profound change in Days Park over the last 15 years, from a derelict field to an award- winning greenspace. Along with other community groups, the Days Park Block Club has also been instrumental in the development of the surrounding neighborhood, where vacant buildings have been restored and property values have increased upwards of 300 %. The Days Park Block Club takes its stewardship of the park very seriously and, after considering several other proposals, strongly supports EVCS as the best choice for the long -term future of our community and historic park. Many factors need to be taken into account when making a decision regarding School 36, It is incumbent on the City of Buffalo to offer the school to the group whose mission, community spirit, financial health, and proven track record fits best with the longterm integrity of the surrounding community. We believe that EVCS is the perfect fit and urge you to work with EVCS to help it realize the goal of purchasing School 36. Sincerely, Mary Simpson 17 and 44 Days Park Julia Hall 112 Cottage Street G?a Days Park cc: Liz Evans, Elmwood Village Charter School DAYS PARK BLOCK CLUB 57 Days Park Buffalo, New York 14201 (716) 885 -7518 May 6, 2009 Council member Brian C. Davis Room 1408 City Hall Buffalo, New York 14202 -3385 Dear Council member Davis and Members of the Buffalo Common Council: On behalf of the Days 'ark Block Club, I wish to express our support for the proposed reuse of the Bilingual Early Childhood Center #36 building located at 10 Days Park, Buffalo, NY 14201. As you are aware, this school will close at the end of this 2009 school year. The Tapestry Charter School has expressed a desire to occupy the building on a temporary basis .beginning in the 2009-2010 school year. The Elmwood Village Charter School will then continue to utilize the building to educate children in the Buffalo area. Members of the DPBC feel that this arrangement would benefit all in our community. It is our desire that the building continue to be occupied, maintained and exist as a vital and integral part of the neighborhood and our community. we look forward to working closely with these Charter Schools to help preserve this beautiful Olmsted Park. .If you have any questions or desire additional information, feel free to contact me at the above phone number. Very truly yours, Dolores Murphy President, Days Park Block Club oc: Maria R. Whyte Erie County Legislature Liz Evans President, Board of Trustees Elmwood Village Charter School Amy Friedman President, Board of Trustees Tapestry Charter School April 15, 2011 Rev. Darius G. Pridgen Ellicott District Council member City Hall 65 Niagara Square Buffalo, New York 14202 Dear Rev. Pridgen: I write this letter not only as an individual but as the President of the Days Park Block Club [DPBC]. I grew up on Days.Park and have raised three very successful children while living here. As a child, I attended the "old" PS #36 School. My children were fortunate enough to attend the new school throughout their childhood years. During the many years I have lived here, I have seen a roller coaster of changes to the neighborhood but one thing has remained constant; the stability of the school at the corner. For the past four years, I have had the pleasure of being the bays Park Block Club President, This Block Club was formed in 1986 to improve the quality of life on Days Park and Cottage Street through cooperation among neighbors; to advocate for the needs of the community for the restoration of the park, reflecting the heritage of Fredrick Law Olmsted`s design. We wish to cherish and protect Thomas Day's original gift and legacy of more than 1S0 years of community stewardship. The Days Park Block Club is more than 20 years old, my father being one of the founding members. It is one of the first, most respected and successful block clubs in the City of Buffalo. It is for these reasons that I [as an individual] and the Days Park Block Club take a stand and state our views for the proposed development of the former PS #36 School at 10 bays Park. The Days Park Block Club continues to support the purchase of former PS #36 for use by the Elmwood Village Charter School [EVCS] to be used for the sole purpose of a school. We support EVCS because the parents, staff and board of directors have established a strong relationship with ongoing communication with the DPBC and the Allentown community for several years. It is a very well managed and successful charter school. The DPBC supports the purchase of former School 36 by an owner /occupant, not a developer landlord who in turn will lease it to a tenant that has not been established as a school and the likely hood of remaining a school in the future is questionable. This site has been a school since 1868 and if the building is purchased by a thriving school, it will remain a school. If purchased by a developer, there is no certainty that the building will be used as a school. A Charter School as a tenant has the potential of failure, leading to its need to move or to eviction. This is why the DPBC supports the purchase of this building by the EVCS. The EVCS has had its charter renewed after five years in operation, by the State Charter Commission. The state has granted permission for EVCS to expand, pending acquisition of a building in close proximity to the main building on Elmwood Avenue. This expansion will increase positive educational opportunities for low income families in the City of Buffalo. Also, EVCS is financially sound and able to occupy and improve the building immediately. To that end, it is imperative that consultation with residents of Days Park /Cottage Street and the block club be integral to the decision about the future use of the School #36 building. There are many vacant school buildings in the City of Buffalo. It is a singular event that this building has ben subject to such competition over tis purchase; the distinguishing feature is that the involvement and dedication of the local community in restoring Days Park has made the building uniquely attractive to purchasers. Thanking you in advance for your consideration in the above matter, I remain; Respectfully yours, Dolores Murphy, President Days Park Block Club APR- - 1542011 14:26 BOYS & GIRLS CLUB OF BFLO April 13, 2011 Liz Evans President and Founder Elmwood Village Charter School 124 Elmwood Aire Buffalo, NY 14216 Dear Ms. Evans: P.00i /000 GREAT FUTURES START HERE. Wmefflocum or eVMW Boys& Girls Clubs of Buffalo 282 Babcock St, Buffalo, NY 14210 Tel (796) 825 -9016 Fax (716) 825-0248 www.bgcbuffato.org The Boys & Girls Clubs of Buffalo feel the partnership with the Elmwood Village Charter School greatly benefits both the school and families served by providing affordable after school programming, The Boys & Girls Clubs of Buffalo is pleased to support Elmwood Village Charter School's expansion to School 36. The partnership between the Boys & Girls Clubs of Buffalo and Elmwood Village Charter School over the last 5 years has grown to a level that allows our two entities to work as one to meet the needs and interests of die students attending Elmwood Village Charter School. Boys & Girls Club staff and Elmwood Village teachers have formed a truly symbiotic relationship. Teachers and Boys & Girls Clubs of Buffalo staff is in constant communication to tie learning activities that are taking place during the school day to activities in the afterschool program. We at the Boys & Girls Clubs of Buffalo feel this partnership is an integral part of our agency. Working with the administration and staff at Elmwood Village Charter School has allowed the Boys & Girls Clubs of Buffalo to provide programming to a large number of youth and help make a difference in their academic, social, and emotional well being. We ate in fail support of Elmwood Village Charter School expanding to serve 7th and 8 th graders. The purchase of School #36 for this expansion will allow our current partnership to also expand, reaching more children and their fatrilies in a positive way. Sincerely, Diane L, Rowe Chief Professional Officer Officers Kenneth Sodaro Chief Volunteer Officer Thomas.Rybarcxyk Treasurer Thomas Hurley Secretary Board of Directors Michael P. Beecher, Jr. Michael Bums Carl Camardo George W. Collins, Jr. David Cristantello Arthur W. Cryer Gregory M. Dearlove Robert diGiore Donald Enslin Barry Frellicher Lisa Korn Paul L.ampareill Arthur Marshall Bruce Saunders Peter Sava rino Julie Ann Short G. Micltiael Zabel Chief Professional Officer Diane L. Rowe TOTAL P.001 ICA . April 29, 2011 Mr .John Sheffield; Director Elmwood Village Charter School 124 Elmwood avenue Buffalo, NY 14201 [dear Mr Sheffield: It is with great pleasure that I write this letter of support for Elmwood Village Charter School's request to acquire a decommissioned public school building from the City of Buffalo. Medaille College School of Education has been fortunate to enter into a partnership with your school for the past several years Throughout our interactions, I have been impressed with the strength of your school and the commitment you and your faculty and staff have to the children and families of Buffalo. Our partnership is an example of that commitment Through our collaboration, we have offered an after- school tutoring program in your building staffed by our graduate students in literacy and supervised by one of our college instructors Many families have taken advantage of this opportunity and we have seen great results in their children's literacy development_ You have.also welcomed our undergraduate pre - service teachers into your classrooms, allowing them to observe and interact with your highly qualified teachers as well as work with the children in the classroom to support their learning. Both of these instances demonstrate the great work your school is doing and the strength of our collaboration I look forward to our future partnership. This expansion will allow us to continue this important and impactful work which we believe helps urban children meet success. Sincerely, Claudia T. Conway Clinical Assistant Professor Chair, undergraduate Education Program Director, MS Ed in Literacy 18 Agassiz Circle Buffalo NY 14214 1 (716) 880 -2004 1 www.medaille.edu 7� i . M c NATION.AL 4 SERVI April 26, 2011 Mr. John Sheffield Director Elmwood Village Charter School 124.Elrnwood Ave.. Buffalo, NY 14201 Dear Mr. John Sheffield, It is my pleasure to provide this letter of support for Elmwood Village Charter School. As you know, Elmwood Village Charter School (EVCS) is a strong partner of the WNY AmeriCorps ABLE (AmeriC.orps Builds Lives through Education) tutoring program.. Since its inception, EVCS: has hosted 1.2 month full - time' ABLE. members., and is among the top sites in terms of supervision. and member experience. These high caliber individuals serve in the classrooms as direct tutors and teacher assistants, tailoring their service to the needs of the school, classroom, and students. EVCS. has utilized the talents of each member to the fullest, and incorporated additional programming and lessons for the students, based on the skill sets of the members. Troe testaments to this are service projects and additional programming that ABLE members coordinate for EVCS students. Last year members organized a book drive for Project Flight, 'a not- for - profit that promotes literacy and provides books to high need areas. Recognizing that Project Flight had provided EVCS students with books, they wanted to give back. The 1 sE grade class was able to collect donations of five large boxes :of books to the community. This year an ABLE member has spearheaded an afterschool program for EVCS to provide.more science lab instruction as well as homework help. through his efforts, 23 students have received additional help in their school work. In the summer months ABLE .members coordinate with the EVCS summer program to provide one on one tutoring for students identified. as low academic performers.' The consistence in academic instruction throughout the summer months has proven to be a smoother transition into the' upcoming academic year for these students. Elmwood Village Charter School has continuously demonstrated to.support the academic needs for its students. The ABLE program fully supports and recognizes the efforts of Elmwood Village Charter School to promote success within the .education world of Buffalo students. Cate Sar t Acting E e utive Director, WNY AmerlCorps Director o ABLE katesarata@wnyamericorps,org 2188 SE FCA SrRm BuFFnLo, NY 14210 (716)X118 -8500 • FAx: (716) 418 -8501 . 1AWYAmRiCortKORG Elmwood Village Charter School is the highest performing public elementary school in the City of Buffalo, based on the 2010 New York State test scores. EVCS surpassed the statewide average by more than 25% in ELA and 23% in Math. EVCS also has more students passing at level 4 (exceeding proficiency standards) than at any other school in the area, except for City Honors. Families and students in the city of Buffalo need this school, and need it to remain strong. EVCS is an established school, currently in its fifth year of operation. Its charter was renewed by the Board of Regents in December 2010 through June 30, 2015. This renewal included the gradual expansion of EVCS's K -6 program through 8th grade, and the addition of a second class at every grade level, which began in the 2010 -2011 school year. EVC5 is fiscally sound with a solid bottom line. It also has a proposal letter from a bank for the financing of renovations on School 36. EVCS has the support of the Days Park and Allentown neighbors. As a member of the Allentown community for 5 years, we have proven ourselves to be a good neighbor, responsive to community concerns EVCS has extensive wait lists at each grade level. We had 152 students in the lottery for kindergarten, and another 158 for grades 1 -7. In total, we had 310 students in the lottery for approximately 40 open spots. It was EVCS's initial interest in the building that caused it to be abandoned and turned over to the city. We were the first party to officially state our interest and have been actively pursuing School 36 for over 2 years. EVCS's expansion is underway and now we desperately need a building that is proximate to our current space. Our expansion from 175 students to 450 began last year with the addition of a second Kindergarten. The Board of Regents approved our expansion in full, as expected. EVCS has a 20 year lease at 124 Elmwood and are therefore limited as to the placement of a second campus. Families with children in different grades can't be expected to travel far to pick them up at the end of the day. EVCS has the desire to acquire (rather than lease) a facility, reducing long-term facilities costs so that more of its funds may be used can programs and teachers' salaries. leasing drains resources away from the classroom. In fact, it is the constraints put on our finances by our current 20 year lease that makes leasing other facilities financially out of reach. School 36 was built with New York State taxpayer funds to educate public school children in Buffalo, The beneficiary of this investment should be public school children, not a developer. While selling to another buyer may mean a small monetary gain now, it will not come close to to move forward with our only educationally sound and fiscally prudent expansion plan. EVCS has spent.over $65,000 on due diligence in acquiring School 36, including appraisals, appraisal reviews, environmental testing, accounting and legal Fees, etc. Additionally, EVCS has lost $188,000 in State Facilities grants because of delays in the process of acquiring the building. EVCS has worked collaboratively with other constituencies, including Tapestry High School in the discussions with the City so they would have a building for their high school. EVCS also tried to broker a win -win scenario and work with West Buffalo to lease them School 36 for 1 year so that they could open and find alternative space. If the city is truly serious about supporting high quality public schools, it has a duty to assist high- quality charters to find permanent homes _ buildings they can own rather than lease, so that these schools are not forced to hand over money that should be spent in the classrooms to developers. Garters receive no facilities funding and are forced to pay for their buildings out of the state per pupil funding they receive. Charter schools get 2/3 of the per -pupil allotment from New York State for our students and the District keeps the other 1/3. It is difficult to understand how the top public elementary school in Buffalo is out on its oven, competing against a developer for a space in which to expand. We need a space into which we can expand and offer our programs to more students in Buffalo —those here by choice, and those here by necessity — all of whom deserve a chance at a great public education. Third Grade ELA Frederick Buffalo Erie Traditional Grade 3 84.7 .1 14.3 43.9 40.8 688 Olmsted City public FLA #64 School District Flitwood.' Buffalo Eric Chatcr. Grade3 84 (l 16 40 44 :: 697' Village City. ELA Charter School School. District Tapestry Buffalo Erie Charter Grade 3 79.2 8.3 12.5 41.7 37.5 677 Charter City public ELA School. School District Discovery Buffalo .. Eric Traditional:. Grade :3 67.2: 6.6 26.2 45,9 21.3 ` 67I' School City public ELA :. School School District South Buffalo Eric Charter Grade 3 59.5 I0.8 29,7 47.3 12.2 669 Buffalo City ELA Charter School School District - Third Gracie Math Tapestry Buffalo .Eric Charter Grade 3 83.3 0 16,7 37.5 45.8 707 Charter City Math School School District Elmwood Buffuto tric Charter. Gradc 80 0 20 24 56 . 716`: Village City . Math C[ai School S616 of District Frederick Buffalo Erie Iraditional Grade 3 69.4 5.1 25.5 40.8 28.6 697 Olmsted 464 City public Math School District Lounine Buffalo Erica Traditional. Grade 3. 67.9. 7.5 24.5 453 22,6 693`. Elementary City .: public Math . School School: District Buffalo Buffalo Erie Charter Grade 3 66.3 8.4 20 27.7 38.6 703 United City Math Charter School School Distract Discovery... :. Buffalo Erie Traditional Grade 3 59.1 4 9 36.1' 44.3 14:$ 693. School City politic Math . School Fourth Grade ELA Tapestry Buffalo Erie Charter Grade 4 80 0 20 68 12 690 Charter City : ELA - School - School School District Frederick. Buffalo` Erie'. Traditional - :tirade 4. 77.5 4:7 17.8 603 16.8 , 687 Olmsted City public ELA 464 School' School District Elmwood Buffalo Eric Charter Grade 4 76 0 24 72 4 681 Village City ELA. Charter School School District Discovery Buffalo Erie. Traditional ' Grade 4 , 69. 6.9 24.1 56:9 12.1 681' School City. public ELA .'- School' District King Center Buffalo Erie Charter Grade 4 65.2 0 34.8 65.2 0 672 Charter City public ELA School School District Fourth Grade Matta Ehnwood Buffalo Eric Charter Grade 4 84 0 16 36 48 713 Village City Matti Charter" School School District South Buffalo Erie. Charter Grade 4 76. i::3 22.7 507 253 693 Buffalo City Math Charter. School School District: Tapestry Buffalo Erie Charter Grade 4 76 0 24 52 24 691 Charter City Math School School District Discovery .: Buffalo. Eric ' Traditional Grade.4 :.75.9: 5:2 79 48.3 27.6' ` 692 Sclo:ol City public Matti: School District Frederick Buffalo Eric Traditional Grade 74.8 3.7 21.5 34.6 40.2 696 Ohnstcd City public Matti 464 School District Fifth Grade ELA City Honors Buffalo Eric Traditional Grade 5 92.6 1.2 61 50:6 42 704 School At City public ELA Fosdick School Masten Park District ElInNyood : ' : .Buffalo Eric Charter. '' Grade 5 76 4 20 52 24 . ' 680 Village city.. ELA Charter School School District Frederick Buffalo Eric Traditional Grade 5 64.8 8,8 26.4 52.7 12.1 674 Olmsted #56 City public ELA School District Tapestry Buffalo Erie Charter. Grade 5 60 16 24 48 12 ':. 670:.` Charter City ELA School School District Discovery Buffalo Erie Traditional Grade 5 54,4 8.8 36,8 43.9 . 10.5 674 School City public ELA School District Buffalo Buffalo Eric. Charter Grade 5 45.2: '. .6.8 47,9 37 8.2' ` 670' United City :` ELA ` '. Charter School School District City Honors Buffalo Eric Traditional Grade 5 92.6 0 7.5 41.3 51.3 708 School At City public Math Fosdick School Masten Park District Elimyood. Buffalo Brie Charter Grade .5 88 0. 12:.. 40 48 , 705' Village City Math.: Charter School School District Tapestry Buffalo Erie Charter Grade 5 72 0 28 36 36 692 Charter City Math School School District Discovery.; Buffalo Erie Traditional ' Grade . 5 69.7'' 3.6 26.8. 42.9 26.8 687` School City. public Math School District Buf'fato Buffalo Erie Charter. .:: Grade 5. 63 " . 1'.4 35.6. .:.45.2.. .17.8 684 United City Math Charter Scliool School..:.: District Enterprise. Buffalo Erie Charter. Grade ;5 62.5 2.1 35.4. 58:3 4.2 . 676' Charter City School School District. Frederick Buffalo Erie Traditional Grade s 59.6 7.9 32.6 55.1 4.5 673 Olmsted 956 City public Math School District Fifth Grade Math City Buffalo Erie Traditional Grade 6 91.9 2.3 5.8 77.9 14 678 Honors City public ELA School At School Fosdick District Masten Buffalo. Eric.. Charter. Grade :6 863 © 116. 54:5 31,8 ... ` 696 Park City. `. Math Eli€ €wood B uffalo Erie. Charter Grade:6 772 4.5 1812 63.6 13.6 670 Village City.. ELA. . Charter. School Erie "Traditional Grade 6 72,9 2.1 25 39.6 333 688 School District public Math Discovery Buf ato Erie Traditional Grade 6 69.4 2 28.6 61.2 8.2 670 School City public ELA Tapestry School Eric Cha ter Grade : 6 72 8. 20 40:: 32 685 Charter District Math .. Tapestry Buffalo Erie Charter Grade 6 68'. 8 24 64 A. 666. Charter. City ELA School School Erie Charter Grade 6 71.6 0 28,4 43.2 28.4 687 Buffalo District Math Frederick Buffalo Erie Traditional Grade 6 66.7 4.8 28.6 64.3 2.4 664 Ohnsted City public ELA #56 School District Sixth Grade Math City flonors Buffalo Erie Traditional Grade 6 94.2 1.2 4,7 30,2 64 705 School At City public Math Fosdick School Masten Park District Efin - wood Buffalo. Eric.. Charter. Grade :6 863 © 116. 54:5 31,8 ... ` 696 Tillage City. `. Math Chartcr School' School District Discovery Buffalo Erie "Traditional Grade 6 72,9 2.1 25 39.6 333 688 School City public Math School District Tapestry Bullhlo : Eric Cha ter Grade : 6 72 8. 20 40:: 32 685 Charter City. Math .. School. School District South Buffalo Erie Charter Grade 6 71.6 0 28,4 43.2 28.4 687 Buffalo City Math Charter School School District Sixth Gracie ELA Timeline for EVCS and School 36 January 2009 -- began talking with Days Park neighbors about expanding into 36, since it was closing at the end of June 2009. .February 2009 - Met with Gary Crosby, CFO of Buffalo Public Schools; March 2009 —Held 2 community meetings at Allendale Theater; April 2009 — Met with Brian Davis regarding resolution to abandon school for purchase; scheduled first appraisal (in conjunction with Tapestry) from KLW. May 2009 --- Common council passes( resolution to abandon the school to the city (May 12, 2009); met with Days Park Block Club; June 2009 — Commissioned 2nd restricted appraisal from GAR; Commissioned engineer's report on building mechanicals and condition; July 2009 — Tapestry High school finalized 1 year lease; August 2009 — Met with architects and developer to get conceptual cost estimates for renovation; September 2009 — Met with city law department reps regarding purchase terms; Commissioned an appraisal review of KLW and GAR appraisals from Northeastern Appraisal; October 2009 — Met with all members of the Common council; submitted purchase proposal for School 36; December 2009 -- Reap Estate Appraisal Review Board meeting for former School 36 (December 21, 2009); January 2010 — Met with City Real Estate and City Law Dept. to discuss terms February 2010 — Met again with CRE and CLD to discuss final terms; Received proposed contract from City; submitted signed contract to John Hannon on February 26, 2010. PROCEEDINGS OF THE CITY OF BUFFALO Y 12 2009 RESOLUTIONS NO 66 BY: MR. DAVIS ABANDON, LEASE" AND SELL FORMER SCHOOL 36, 10 DAYS PARK Whereas: The Board of Education will abandon former School 36, located at 10 Days ark, in August, 2009; and Whereas: The City of Buffalo has received a joint request from the Tapestry and the Elmwood Village Charter Schools to acquire and re -use the former school; and Whereas: Tapestry Charter School wishes to lease the property from the City of Buffalo while renovations are being completed at their new location; and Whereas: Elmwood Village Charter School would like to acquire the former School 36 from the City at the conclusion of the lease with Tapestry Charter School; Now, therefore be it resolved: That the Common Council authorize the Office of Strategic Planning, Division of Beal Estate, to negotiate a temporary lease agreement with Tapestry Charter School for the use of former School 36 for the 2009 -2010 school year; and Be it further resolved: That the proposed temporary lease agreement be filed with this Common Council for approval; and Be it further resolved: That the Common Council does hereby authorize the abandonment and sale of 10 Days Park to the Elmwood Village Charter School in accordance with Article 27 -5 of the City Charter - Sale by Appraisal: and Be it finally resolved: That the contract for the sale of the former School 36 be forwarded to this Common Council for final approval. ADOPTED NO 44 D. MURPHY -DAYS PARK BC SUPPORTS ELMWOOD CHARTER SCHOOL 10 DAYS PK Dear Mr. Davis On behalf of the Days Park Block Club, I wish to express our support for the reuse of the farmer Bilingual Early Childhood Center 436 building located at 10 Days Park, Buffalo, NY 14201. As you are aware, this public school closed its doors at the end of June 2009. The Tapestry Charter School has been occupying the building since September of 2009 and will continue to do so on a temporary basis throughout this school year. The Elmwood Village Charter School submitted a purchase proposal to the city real estate department on October 16, 2009 and is expected to occupy the building for the 2010-2011 school the building since he has expressed an interest in the building, contrary to the resolution that was passed by the Common Council on May 12, 2009. The school building is located Ina neighborhood wilt) an involved and diverse community in a National Historic District and on an Olmsted designed park. The future use of this property will have a direct impact on the quality of fife for the residents of days Park [as well as the surrounding neighborhood] and on the integrity of the park's historic landscape. The Days Park Block Club whole heartily supports the Elmwood Village Charter School's proposal to purchase lhis building for contiguous quality of education and commitment to the community that has been demonstrated in the past. Members of the DPBC feel that this arrangement would benefit all in our community. It is our desire that the building continue to be occupied, maintained and exist as a vital and integral part of the neighborhood and our community. We took forward to working closely with the Elmwood Village Charter School to help preserve this beautiful Olmsted Park. Thank your for your continued support of Days Park and our efforts, I. remain; Very truly yours, Dolores Murphy President, Lays Park Block Club REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION 0 T0: FROM DATE; P W Gerald Chwalinski Council Member Darius G. Pridgen May 5, 2011. Off Street Parking Meter Change 1 would like to file the attached information for the next Common Council meeting to be held on May 17, 2011. Th nk You, Darius G. Pridg n Ellicott District Council Member Match 21, 2411 To: Ellicott District councilman Darius Pridgen From: Sam Gikas Re: Off street parking meter change Dear Councilman Pridgen, Per our conversation Z am sending you this letter to reiterate the change on parking meters for the downtown area. As you well know most people that work in the downtown are get out of work around 4 pm. For them to stay downtown it would be an incentive that we change the parking meter hours to stop charging at 4 pm to entice these workers to stay in the downtown area and spend money in downtown businesses which is good not only for the owners but of the tax revenue generated by the sales tax the city reserves. If an individual decides to stay downtown today for a happy hour or to shop and then gets a 35 dollar ticket sometimes by his neglect or meters not working this gives a negative impact on the person would want to stay downtown and spend money and promote the city, where they already know they can leave the city and go to any suburb of buffalo spend their money and not have. to pay to park. Thank Y , rr . it ii REFERRED TO THE COMMISSIONER PF PARKING: RECEIVED AND FILED § 11 141 I05 z ERJE OMMMITY COLLEGE rA STATE UNIVERSITY of NEW YORK May 5, 2011 Jack Quinn President Mr. Brian C. Bray Sr. Legislative Assistant Buffalo Common Council 1308 City Fall Buffalo, New York 14202 ItE: ECC "Center of Excellence" proposal Dear Brian: Thank you for speaking with me on the phone earlier this week. On behalf of the Trustees at ECC, I am writing to hopefully clarify the position of the college as it relates to the planned "Center of Excellence at our North Campus. First and foremost, it is extremely important to clarify that this entire proposal, since its beginning over one year ago, is an initiative of ECC and the Trustees. It has never been a proposal of Erie County Executive Chris Collins. Our trustees and my senior executive staff have planned it since the beginning. The County Executive has agreed to support the plan, but it has been a proposal of the College. Upon review of the resolution you sent, there are a number of misconceptions and incorrect facts that the college would very much like to correct, so that the full council has the most accurate information concerning the proposal. I would respectfully request the opportunity to meet with the appropriate subcommittee(s) or council members(s) at an "information session' so that the college could explain, in detail, the specifics of the proposal and the planning of how we reached this point. We are prepared to meet at your convenience as soon as possible, so that we might correct any misunderstandings that might exist. Please contact me directly, at 851 -1200, to arrange a meeting, as soon as it is convenient for you. v Cc: Chris Collins, Erie County Executive Mayor Byron Brown REF ERRED TO THE COMMITTE ERIE COMMUNITY COLLEGE Office of the President, 121 Ellicott Street, Buffalo, New York 11203 Telephone: (716)851 -120© a Fax: (716) 851-1029 Email: JQuinn @ecc.edu ?Z Buffalo Public Schools District Parent Coordinating Council Howard Lewis Parent Center .179 Albany Street Buffalo, New fork 14213 co -Loon 'Webb. Presidont Sabirah IMuhamma€ , Rccorc ing Secretary S<t yct l ,. a €lia r €1 Iil, .l %iec t'r� itEvttt Kim AC Walch, Cm Secretai K<rantt.la ttthar3€3ntiul, `t as firer Cpl€ iia Sanchez.- Padimentanan Our Children are Our Responsibility 2010 Accepting Our Responsibility We are on a fission to Create a Parent Movement for High Academic Achievement far all Students X Buffalo Education Reform Agenda Request for Common Council Consideration 1). Residency .Requirement 1. Common Council to do a resolution calling for the immediate reestablishment of the Residency Requirement for Buffalo Public School employees; citing the detrimental effects on the City of rescinding this requirement. a). Undermines community development for city. b). Have never enforced residency c). Residency Loopholes d). Constantly rewarding failure with no accountability. e). Don't want to live here — Why teach here. f). If TEACHERS won't send your children to the schools you teach in — NEITHER WILL WE as parents g). Address having to be a teacher to be a Coach, ELL teacher, Truancy officer. A) Action Items a) Common Council Public Hearing on Residency b) Referendum of Ballot — BOE education policy 1220 2). Resolution/legislation for Parent, Community and Taxpayer Participation in approval of Board of Education Budget. A). Almost half of the City of Buffalo Property Tax levy goes to Buffalo Board of Education -70 million out of 145 Million dollars. Unlike Suburban and Rural Taxpayers, City Residents don't get to approve the Buffalo School Board Budget. Consequently if we are dissatisfied with how our Tax dollars are spent we don't have the immediate recourse of our Suburban /Rural counterparts of VOTING DOWN the budget until we are satisfied that we are getting a satisfactory return on the investment of Tax Dollar. The District Parent Coordinating Council is: _ P— rent involvement to improve strident achievement ". COMMITT ON EDUCKIFION i Action Items A r L Common Council legislation requiring a vote on the School Budget. 2. Support State Legislation — AssembIywoman Crystal Peoples- Stokes has developed a bill for consideration by the Assembly. 2). Common Council to conduct hearings examining the return on investment of taxpayer dollars into public education. In that regard we are asking specifically to review A. Teacher and Administrator Collective Bargaining Agreement Does the agreement work to ensure that in return for taxpayer investment we get a Quality Education for all students? B. We would like these hearing modeled after the ones conducted by Former NY City Councilmember Eva Moskowitz, chair of the Education Committee, who held similar hearings with the UFT in November 2003, 3). BUFFALO FBUCA ZONAL STABU ITY AUTHORITY If Union Contracts and State Laws ultimately prevent taxpayers from being aide to do anything about structural issues that have prevented increased Academic Achievement of Students we want emergency intervention explored. Looking at an EDUCATIONAL STABILITY Authority with the power to stabilize Buffalo Public Schools and not be bound to Collective Bargaining Agreements. Action Steps f. Request the Common Council call for New State Intervention of Buffalo Public Schools. 2. Request for creation of a Buffalo Education Stability Authority to oversee Buffalo Board of Education. 4). State and Federal legislation of Community and family engagement & Full Time Paid Parent Facilitators in all schools. (Parent Trigger law) Family, School and community engagement (FSCE) in education is a top predictor of school preparedness and academic success. Research consistently shows that from cradle to career, family engagement is critical to Keeping children on the pathway to college and career readiness. We want support for current State and Family FSCE legislation. Action Steps 1. Request Common Council earmark funds from Cities Contribution to Board of Education for 2 Full Time /w benefits- Parent Facilitators in Every School. 2. Common Council support current State Federal legislation for Community and Family Engagement. The District Parent Coordinating Council is; "Building capacity for parent involvement to improve student achievement' . 5). Mayoral Participation in Education A. Cities across the Country including NYC have gone to Mayoral Control of School boards. We see a need to have the Mayor as integral part and Stakeholder in the Education of Buffalo Public School Students. Action Steps 1. Common Council to support some type of Mayoral participation of Buffalo Public school. a. Mayoral Control b. Mayoral Appointments to school board (At Large members) 63. Employment Opportunities within School District a. Only Buffalo Public Schools have a Union Contract that prevent the hiring of competent professionals who are not CERTIFIED teachers. i. There is an opportunity to Dire Coaches, ELL teachers, Truancy officers, Parent Supervisors /Coordinators, Professional Artist and Craftspeople to work with students of our District. The current Collective Bargaining Agreement (CBA) prevents this. ii. Making some positions exempt — (i.e. Security, school aides, ELL support staff, Truancy workers, Parent Supervisors /Coordinators) in order to employ people who can be instrumental in helping to increase the Academic Achievement of BPS students. The District Parent Coordinating Council is: "'Building capacity for parent involvement to improve student achievement' ; To get information check our blog at http:// distrietparentcouncil .wordpress.coin For more information or to offer support or assistance call us at (716) 578 -3571 or (716) 479 -4124 email Samradford3 a gmailxom TO ENSURE HIGH ACADEMIC ACHIE VEMENT rs City of Buffalo DEMONE A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 PHONE: 851-5145 G FAX: 851 -5443 E -mail: dsmith @city- buffalo.co€ i Website: http. / /v"vw.city- buffato.com 10 May 2011 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Budget Response ® Buffalo Beard of Education Dear Mr. Chwalinski: LEGISLATIVE ASSISTANTS TIFFANY LMIIS TODD WALISTER CHAIRMAN EDUCATION MINORITY 13USINESS ENTERPRISE CoMMiTTEES COMMUNITY DEVELOPMENT Please file the attached response from the Buffalo Board of Education relating to budget information and outstanding Common Council Committee on Education items. Tha ou, emone A. Smith Masten District Councilmember Enclosure Si s__Si• 3 , r� { Common Council C ity , of Buffalo DEMONS A. SMITH MASTEN DISTRICT CO UNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 - 3318 PHONE - 851 -5145 a FAX: 851-5443 E -mail: dsmi6h @citybuffalo.com Website: http: / /www.c4- buffalo.com May 5, 2011 Dr. Jaynes A. Williams, Superintendent Buffalo Board of Education 712 City Fall Buffalo, NY 14202 LEGISLATIVE ASSISTANTS TIFFANY LEWIS TODD WALISTER CHAIRMAN EDUCATION M3NORIIY BUSINESS ENTERPRISE 'Co MITT,EE5 COMMUNITY DEVELOPMENT In anticipation of the City of Buffalo's Budget Hearings to be conducted in May, we respectively request an update on the following .Items in the Education Committee. We request that the information is delivered no less than twenty -four hours prior to the time of their respected budget hearings before the Common Council. On December 1, 2010 we requested a response regarding the following items: € o Anew Buffalo Public School Suspension Policy- original item sent July, 6 2010 that included: o Minor infractions not be grounds for suspension o Progressive Discipline o Elimination of out of school suspension for nonviolent infractions o Revamp of Home Instruction 0 Ordinance Amendment —C 344 School Compulsion- original item December 9, 2009 that needed Truancy Officers to investigate attendance issues a Request for Neighborhood Schools — original item sent December 22, 2009 Request to move School Board Elections to November original item sent May 11, 2010 The original correspondence and responses from the Board of Education are attached. Additionally, please provide o An explanation on hour the City's tax contribution to the Board of Education is spent. Q o A copy of the 2010 to 2011 School Board Budget, 9 A plan to institute neighborhood schools in the existing Buffalo Infrastructure. o A plan on how to allow Sports Coaches, ELL Instructors, Truancy Officers, Professional Artist and Craftspeople to work with students without being a G @ A course of action to New York State that exempts the testing requirement of English Language Learners who have extreme Ianguage barriers especially I" 0 b year immigrants, * The Board of Educations' policy on conversion charter and SEED schools. Parents and residents have requested 3 conversion charter schools; Burgard as a vocational charter, East as a neighborhood charter and South Park as a neighborhood charter 1 ► A plan to implement a taxpayer's dash board and cameras in the classroom. CA) A) A plan to establish career tracks in high schools in the areas of Nursing and Education 1 ® A plan to increase the vocational education ® Inclusion of 2 fulltime paid parent facilitators in every school. ] 0 Comments on Mayoral or Common Council appointments on School Board. f @ Explanation on why School Administrators should not be required to live in the City. I'7 ® The strategy for the Board of Education to receive the Governor's School District Performance Improvement Awards, f g ® List of all personal service contracts and Rental leases with amount duration and recipient. o A list of all current officers, appointees and employees, job titles, positions, salary and exempt or non exempt status. e A listing of all grant dollars received people employed by or those who salary is fully or partially paid using grant funding. Thank you for your attention to this matter. If there are any questions regarding this request, please contact Mark Jaskula of the Common Council Legislative Staff at 851 -5145. We thank you in advance. Si Cc: Demone Smith Masten District Councilmember Chair, City of Buffalo Common Council Education Committee Mayor, Byron Brown Common Council Assembly Member Crystal Peoples - Stokes District Parenting Coordinating Counsel Alliance for Quality Education REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION Common Council Requests L Enclosed for your perusal. 2. Ordinance Amendment The Ordinance is a Common Council Ordinance initiative. The school district is very much interested in supporting any efforts to improve attendance and curtail truancy. The next step would be sit with Council sponsors to fully understand the goals of the initiative. 3. Plan for neighborhood schools This is a very integral operation which requires extensive planning, Board of Education support, community support, political support and most likely Federal Court support if the schools are segregated. The District has delved into this issue in Committee where it remains. Completion of Phase V of the Joint Schools Reconstruction Project is a necessity because it establishes which schools will remain in the school system for the future. As the District is currently composed only the Park District (South Buffalo) would be readily accessible for neighborhood schools. @ The District continues to explore this option. 4. School Board Election \\ r ® The Board's current position has not changed on this item which keeps the election in May. The item remains in the Executive Committee. S. Tax contribution The City's (9 %) percentage of funds are not spent on a specific item or items, but spread throughout the budget as detailed in the enclosed document. 6. 2010/11 Budget o Enclosed for your perusal. 7. See #3 Neighborhood Schools S. Certified Teacher /Seniority Rules Not completely sure what the questions is or the context; however, the current BTF contract does not allow coaches for example to come from outside the teaching ranks. 9. Testing Requirement of English Language Learners * Federal Law prohibits it. 10. Conversion Charters /SEED Schools • The Board has not taken an official position on the aforementioned. • The three schools mentioned - Burgard, East and South Park have been mentioned in several scenarios and the District will stay focused on having these schools succeed. 11. Taxpayers Dash Board/Cameras in the Classroom * Dash Board --- District has not seen such a document. * Cameras in the Classroom — Cameras are in all schools:; however not in the classroom. Would need BTF approval and several million dollars for such a project. 12. Establish Career Tracks The Buffalo Public Schools currently offers a Certified Nursing Program and is planning to add a medical assisting career pathway to Riverside next year. The medical assisting will give the students the entry level skills required to continue their education in multiple Medical careers (phlebotomy, ophthalmology, dentistry, etc.) all areas that are in high demand in Western New York and throughout the country. 13. Vocational Education ® The Career & Technical Education programs continue to be added as industry and labor trends demand. Currently we have CTE programs in 15 of the 17 high schools. We have added green technology to all construction programs at McKinley and a new Green technology program at Olmsted. Other new programs include National Academy Foundation — Finance, Entrepreneurship — Virtual Enterprise and Medical Assisting at Riverside; Conservation program at MST and Forensic /security at Bennett. 14. Parent Facilitators The School District is in the throes of severe reductions to the schools and the District's operations. The addition of 120 full-time paid parent facilitators is not possible at this time. 15. Mayor /Council Appointments to the Board The Board of Education will review any plan or proposed legislation regarding this item, Does it make sense to add Members when most legislative bodies are reducing members? 1 b. Residency The Board Members attended a Common Council Committee Meeting and discussed the issue with the Council Members for over two hours fully vetting the issue. 17. Governor's School District Performance Improvement Awards The awards cited will not have the funding until the 2012 -13 state fiscal year and the rules and regulations for such awards are to be established at a future date by the Commissioner. The District intends to submit the annual savings of $4 million captured by bidding out the transportation contracts if they qualify. 18. List of Rental Leases e Enclosed for your perusal. 19. List of current officers and 20. Grant dollars We have the information requested for #19 and #20. The file is very extensive. in what form would you like it? To whom should it be sent? Please email b'snith buffaloschools.or and s ilani buffaloschools.or with the information. U SUBJECT: DISCIP 1) All employees must constantly promote an honest and open communication system which involves students, parents /guardians, all other employees, and the community -at large. Such a system can result in a mutual understanding of the rights and responsibilities which belongs to each and a more pleasant and successful climate can be created. One means by which communication will be enhanced is through each school distributing handbooks for students, parents /guardians and faculty. Such handbooks clearly define the law, Board of Education policy, and administrative regulations as well as provide guidelines for the development of self discipline and the maintenance of order. The content of such handbooks must be consistent throughout the District, yet recognize the need for which: such handbooks are intended. All policy and regulations pertaining to discipline and student behavior must be contained therein and distributed and reviewed annually. 2) Administrators and faculty must constantly seek to provide alternative educational programs and facilities to respond to the needs of the disruptive student. 3) Students must be properly supervised at all times by the proper individual charged with this responsibility, i.e., teacher, bus driver, etc. If at any time it is necessary for the individual to be away from the students, the responsible individual must make proper arrangements to ensure temporary supervision. 4) Building administrators are responsible for enforcing the laws, policies and regulations to ensure appropriate student behavior and a conducive educational climate. In turn, the teachers are responsible to maintain appropriate student behavior in their classrooms and throughout their school. Classrooms and schools should be so administered that at all times the objectives of training for self-discipline, individual responsibility and favorable climate for learning might be realized. 5) When a discipline problem occurs, the teacher should exhaust all possibilities and resources available to him/her for its solution. Finding this unsuccessful, the teacher needs to seek further assistance through the administration of the school. All parties to the problem, i.e., student, teacher, parents /guardians, administrators, guidance, must be involved as early and as completely as is necessary to resolve it. All problems are to be dealt with in a firm, fair, legal and timely manner. 6) The building administrator and staff must make every reasonable effort to assist students to adjust properly, using to good advantage their experience and knowledge of child growth and development. Depending on the nature of the case, they inay discipline the student directly in relation to the offense; they may call in the parents /guardians for a conference; they may refer the case for the attention of the support personnel; or they may use a combination of these procedures T as well as other resources or techniques - in accordance with their best judgment. k d (Continued) SUBJECT: DISCIPLINE (Confd.) 7) Administrators, teachers and counselors are to contact and involve the parents /guardians as early as possible in the resolution of a problem. This is of extreme importance, as parents /guardians can exert the most influence on the student in helping him/her adjust to school. Parents /guardians are expected to cooperate with the schools in working toward a solution to the problem. Parents of students who are absent from school due to repeated suspensions for violations of the District's Code of Conduct who do not cooperate with the schools to address their child's discipline problems, may be subject to the filing of an educational neglect complaint with Child Protective Services and the Family Court. Whenever possible, administrators and teachers throughout the District are to adhere to the following for dealing with student misbehavior: a. The teacher must exhaust all resources in dealing with a problem. This means that there must be at least one or more private conferences between the teacher, the student, and the parents) /guardian(s), to attempt to resolve the problem. The administrator and /or counselor should be informed of the problem. b. The teacher may consider detaining the student after school for a conference and assistance, and parents/guardians are to be notified. Such detention may be scheduled for the following day from the infraction in order to inform parents /guardians and provide transportation. C. The teacher should refer a student to the administrator and /or counselor for a conference and /or corrective measures. Parents /guardians are to be notified by school authorities and involved in the resolution of the problem. d. The continuation of the student's misbehavior can result in the following: (1) Required parent/guardian conference. (2) Teacher removal from the classroom in accordance with law, Commissioner's Regulations and the District's Code of Conduct. (3) Placement of student in an alternative program (a program for secondary students who are denied attendance in the regular day school). .Parents /guardians roust be notified and parent/guardian conference is required. (4) Suspension out of school by Building Principal for a period of time not to exceed five (5) days. (see letter "e" below). J (Continued) SUBJECT: DISCIPLINE (Cont'd.) (5) The option of a Parental Conference in Lieu of Suspension must be considered by the principal. The opportunity for such conference may then be provided to the parent/person in parentaI relation with the goal of addressing concerns related to student conduct in a manner that may allow the student to avoid a suspension and the loss of instructional time. This conference can occur as a part of informal conference specified in subparagraph 6(e) of 731OR. e. A student may be suspended: (1) Who is insubordinate or disorderly, or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health and welfare of others, OR (2) Whose physical or mental condition endangers the health, safety or morals of himself/herself or of other minors, AND f. Before imposing a suspension, the principal shall consider if a Parental Conference in Lieu of Suspension is appropriate. If the principal determines that such a conference is appropriate, such conference shall be scheduled with the goal of addressing concerns related to student conduct in a manner that will allow the student to avoid some or all days of suspension and the consequent loss of instructional tinge. The principal, at his /her discretion, may include student support staff (psychologists, social workers, school counselors) in the parental conference to discuss intervention strategies on behalf of the student. g. When the Superintendent or the Principal (the "suspending authority ") proposes to suspend a student for five (5) school days or less, the suspending authority shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension. When suspension of a student for a period of five (5) school days or less is proposed, administration shall also immediately notify the parent /person in parentaI relation in writing that the student may be suspended from school. The principal small provide the parent/person in parental relation with written notice using the Notice of Proposed Out-of- School Suspen=sion. This shall constitute the written notification that the student may be suspended from school. The Notice is delivered to the parent/person in parental relation in order to provide them with opportunity for an immediate informal conference regarding the incident of student misconduct and to present the child's version of events. At this conference, they may also submit questions for the complaining witnesses. In addition to providing the due process rights required by law, the informal conference may be used to address concerns related to student conduct in a manner that will allow the student to avoid a some or all days of suspension and the loss of instructional time. (Continued) 2010 731OR 4of12 R" E (" X 1 U L A I" 10 N r r i Students SUBJECT: DISCIPLINE (Cout'd.) h. Written notice shall be provided by personal delivery, express snail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty -four (24) hours of the decision to propose suspension at the last known address or addresses of the parents /persons in parental relation. Where .possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose contacting parents /persons in parental relation. The Notice of Proposed Out-of-School Suspension shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent/person in parental relation of the right to an immediate informal conference with the Principal in accordance with the provisions of Education Law Section 3214(3)(b). The Notice shall include the date and time of the i.nfonnal conference which shall be scheduled no later than the morning of the next school day. Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents /persons in parental relation. At the informal conference, the student and /or parent/person in parental relation shall be authorized to present the student's version of the event and to submit questions to the complaining. witnesses. The notice and opportunity for informal conference shall take place prior to suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, pursuant to the definitions provided in the district Code of Conduct, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical. Teachers shall immediately report or refer a violent student to the Principal or Superintendent for a violation of the District's Code of Conduct and a minimum suspension period. (1) Suspension out of school by the Superintendent of Schools may be for a period of time exceeding five (5) school days (long terra suspension or LTS hereafter). Principals shall not request LTS hearings for PK -4 students unless those students have committed an act of misconduct as defined in the District Code of Conduct which involves a weapon, serious bodily injury, an illegal drug or controlled substance, or a threat to place another person in fear of death or physical injury. Parents /persons in parental relation must be notified, presumably by telephone and registered mail, that prior to the suspension in excess of five (5) school days, the parent/guardian and student shall have the right to a hearing. At such hearing, the student shall have the right to be represented by an attorney, the right to present witnesses and/or other evidence on his/her own behalf, and the right to cross examine witnesses against him/her. (2) When a student has been suspended and is of compulsory attendance age immediate steps shall be taken to provide alternate instruction which is of an equivalent nature to that provided in the student's regularly scheduled classes. The instruction shall commence no later than the second day of the student suspension. (Continued) 5of12 R E GAUff L AT I N Students SUBJECT: DISCIPLINE (Cont'd,) (a) The principal shall be responsible for the delivery of alternate instruction at the home school location, unless otherwise directed for students on short and long term suspensions. Students who have engaged in misconduct involving a weapon, an illegal ding or controlled substance, serious physical injury, or a threat to place another person in fear of death or physical injury shall be provided with the required instruction in another setting. It shall be the responsibility of the Office of Student Support Services to schedule and arrange for the required instruction. (b) The principal shall provide the parent/person in parental relation with the scheduled time and room location of the alternate instruction and transportation arrangement during suspension. Students who have engaged in misconduct involving a weapon, an illegal drug or controlled substance, serious physical injury, or a threat to place another person in fear of death or physical injury shall be provided with the required instruction in another setting. It shall be the responsibility of the Office of Student Support Services to schedule and arrange for the required instruction. (3) The notice of the hearing must advise the student of the grounds for the charges in specific enough terms to enable him/her to anticipate reasonably the subject content of the proposed hearing and to prepare a defense. (4) The student should be allowed to remain in school prior to the hearing unless his /her presence in school poses a clear danger to his /her physical or emotional safety, to other students, faculty or institutional property, or to the continuation of the learning process. (5) At the hearing, persons having direct knowledge of the facts should be called to testify. Hearsay evidence alone is not sufficient There must be some direct evidence of guilt of the charges. As in court, the burden of providing guilt rests upon the administrator making the charge, and the student is entitled to a presumption of innocence of wrongdoing unless the contrary is proved. The student may testify in his /her own behalf, and is free to cross - examine witnesses against lrirn/her. (6) The administrator bringing the charges must furnish the Superintendent of Schools with all records and written report on the facts and charges. (7) Both the Superintendent of Schools and the Board of Education are authorized to appoint a hearing officer to conduct disciplinary hearings. The report of the hearing officer is advisory only, and the Superintendent of Schools or Board of Education may accept or reject all or any part of such report. (Continued) SUBJECT: DISCIPLINE (Cont'd.) (8) A record of the bearing shall be maintained, but no stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record. (9) Any decision by the Superintendent of Schools can be appealed to the Board of Education, and from the Board of Education to the Commissioner of Education, or through the courts. (10) If a suspended student is under the compulsory attendance age, the Board of Education must provide alternative instruction for him/her. 8) Building administrators and /or the Transportation Director are empowered to suspend bus transportation privileges of students who are disorderly or insubordinate. The parents /guardians in these cases are then responsible for the safe transportation of their children to and from school. (Refer also to Regulation #7340R --. Suspension From Bus_ Transportation 9) Student discipline records are to be maintained by building administrators. 10) The use of the term "corporal punishment" in this regulation shall be defined as any act of physical force upon a student for the purpose of punishing that student. Corporal punishment is prohibited. However, reasonable physical force can be used for any of the following purposes: a. To protect oneself from physical injury; b. To protect another student or teacher or any other person from physical injury; C. To protect the property of the school or of others; or d. To restrain or .remove a student whose behavior is interfering with the orderly exercise and performance of School District functions, powers or duties, if that student has refused to comply with a request to refrain from further disruptive acts; provided that alterative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the purposes set forth above. ApX use of corporal punishment must be re orted both verbally and in writing just as soon as possible to the individual's immediate supervisor. Such report must include all necessary facts leading to the use of corporal punishment as the means of correcting the problem. Any use of corporal punishment or any complaint of such use must be investigated by appropriate personnel of the District and written report submitted to the Superintendent. (Continued) SUBJECT: DISCIPLINE (Cent'd.) 11) Removal of a student with a disability or a student presumed to have a disability for discipline purposes for longer than ten (10) cumulative school days or as otherwise viewed as a disciplinary change in educational placement in accordance with law and/or regulation cannot talce place without appropriate involvement of the District Committee on Special Education. When a student with a disability or a student presumed to have a disability is referred in writing to the District Committee on Special Education for disciplinary infractions which would result in long term suspension, the referral shall document the infractions and request an immediate District Committee on Special Education meeting. The District Committee on Special Education meeting will be held within ten (10) business days of cormnencing a removal that constitutes a change in placement in accordance with federal and state law and/or regulation. The Committee must consider, among other factors: a. Whether the student's behavior was related to the disability. b. Whether the student's behavior presents a serious danger to himself /herself or others. G. Whether the student's classification, placement, and /or program, needs to be changed to better meet the student's needs. Where the District Committee on Special Education determines that the student's actions are related to his /her disability, the Committee must provide alternate placement and/or program changes. If the District Committee on Special Education determines that the behavior is not related to the disability, disciplinary action will be determined by normal disciplinary procedures. In all cases, the due process rights pertaining to the placement of a child with a disability and the due process rights pertaining to suspension of a student will be granted to the student and his/her parents /guardians. 12) Smoking in and on school property shall be prohibited. The Board of Education supports a strong anti - smoking program within the school curriculum. 13) Board of Education policy, administrative regulations and guidelines are to be given wide dissemination. This is necessary so that all parties involved -- students, parents /guardians, teachers and administrators -- will know what is expected of them. (Continued) SUBJECT: DISCIPLINE (Contd.) Early Identification and Resolution of Student Discipline Problems Pupil service personnel, administrators, teachers, and others should communicate about students when they believe such students present a possible discipline problem. Appropriate personnel will conduct an investigation of the reports and/or communicate, which may include conferences with the student, parents /guardians, teachers, other pupil service personnel or others, as he /she deems appropriate for the early identification and resolution of the suspected problem. If an administrator suspects that the problem may be a manifestation of a disability, he /she will refer the matter to the Committee on Special Education in the manner prescribed by 200.4 of the Commissioner's Regulations and by District policy. The Superintendent will direct the development of any forms necessary for the implementation of this regulation after consulting with each Building Principal. Discipline Cade for Students Students must conduct themselves at all times in the following manner: 1) So as not to interfere with the teaching /learning process or the orderly operation of the school; 2) So as to obey laws and rules to respect others and the property of others; 3) So as to maintain courteous relations with teachers and fellow students; . 4) So as to assume responsibility for themselves, their conduct and their learning; 5) So as to maintain an excellent attendance record to class and school by avoiding unnecessary absence or tardiness; 6) So as to make a sincere effort to always perform in the best manner possible. The following list of student misbehaviors, though not intended to be all - inclusive, is cause for disciplinary action by school authorities: 1) Possession, use, distribution or sale of drugs on school grounds or at school events; 2) Possession, use, or sale of alcohol on school grounds or at school events; 3) Disrespectfulness; 4) Physical assault on teachers, students or school employees; 5) Vandalism; 6) Truancy or excessive tardiness; 7) Fighting; 8) Stealing; (Continued) SUBJECT: DISCIPLINE (Co t'd.) 9) Disobedience; 10) Continual disruptive misbehavior; 11) Profane and/or obscene language or actions; 12) Storing, possessing or carrying dangerous weapons; 13) Endangering another or impugning another's rights; 14) Continual unexcused absenteeism; 1 S) Intimidation; 16) Extortion; 17) Immorality; 18) Acts of violence; 19) Forgery; 20) Arson; 21) Continual infractions of school rules; 22) Dishonesty; 23) Insubordination; 24) Smoking; 25) Misbehavior on school /Metro Bus. A student may be suspended from school or subjected to other disciplinary action when the student: I ) Engages in conduct which is: a. Disorderly, i.e., intentionally causing public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, by: (1) Fighting or engaging in violent behavior; (2) Making unreasonable noise; (3) Using abusive or obscene language or gestures; (4) Obstructing vehicular or pedestrian traffic; or (S) Creating a hazardous or physically offensive condition by any act which serves no legitimate purpose; or (6) Vandalizing school property or property of others; (7) Stealing. b. Insubordinate, i.e., failing to comply with the lawful directions of a teacher, school administrator or other school employee in charge of the student; or (Continued) SUBJECT: DISCIPLINE (Cont'd.) 2) Endangers the safety, morals, health or welfare of others by any act, including but not limited to: *a. Selling, using or possessing alcohol, drugs, or other controlled substances or drug paraphernalia; *b. Selling, using or possessing weapons, fireworks, or other dangerous instruments or contraband; C. Selling, using or possessing obscene materials; d. Using profane, vulgar or abusive language (including ethnic slurs); C. Smoking; f. Gambling; g. Hazing; h. Engaging in lewd behavior, or any behavior - unbecoming young adults in a public school, i.e., excessive display of affection; or *A violation of this nature is severe enough to automatically warrant a suspension. 3) Engages in any of the following forms of academic misconduct: a. Lateness for, missing or leaving school or class without permission or excuse; b. Cheating (including but not limited to copying, using unauthorized help sheets and the like, illegally obtaining tests in advance, substituting for a test - taker, and other forms of unauthorized collusion), or c, Plagiarism; or 1) Engages in conduct violating the Board's rules and regulations, the District's Code of Conduct and local laws for the maintenance of public order on school property; or 6) Is identified as "violent or disruptive" in accordance with law, Commissioner's Regulations, and the District's Code of Conduct. 4 (Continued) SUBJECT: DISCIPLINE (Cont'd.) The range of disciplinary measures which may be unposed by staff and /or administration for violations of the student disciplinary code include the fallowing: 1) Verbal warning; 2) Written warning; 3) Written notification to parents /guardians; 4) Counseling; 5) Probation; 6) Reprimand; 7) Detention; S) Teacher removal from the classroom in accordance with law, Commissioner's Regulations, and the District's Code of Conduct; 9) In school suspension; 10) Suspension from transportation; 11) Suspension from athletics participation; 12) Suspension from social or extra curricular activities; 13) Suspension of other privileges; 14) Exclusion from a particular class; 15) Involuntary transfer; 16) Suspension from school. Depending upon the nature of the violation, it is the Board's desire that student discipline be progressive, i.e., a student's first violation should merit a lighter penalty than subsequent violations. It is also the Board's desire that the staff member /administrator take into account all other relevant factors in determining an appropriate penalty. The above penalties may be imposed either alone or in combination. These regulations and penalties are not considered to be inclusive or to preclude in any way the prosecution and conviction of any person for the violation of any federal or state law or local ordinance and the imposition of a fine or penalty provided for therein. Student Disciplinary Proceedings 1) Any teacher, administrator, Board member, parent/guardian or other person may report a violation of the student disciplinary code (i.e., Code of Conduct) to the Building Principal or designee. The Principal or designee will then mare an investigation of the charges as deemed appropriate and institute an infonnal or disciplinary proceeding, and /or make a referral to the Committee on Special Education, as he /she deems necessary. 2) Any teacher may detain a student without first referring the case to a building administrator. The teacher must give the student notice of the reasons for the detainment and an opportunity to discuss these reasons. (Continued) SUBJECT: DISCIPLINE (Cont'd.) 3) The District's Code of Conduct will be disseminated and publicized to staff, students, parents and the community as enumerated in lave, and Commissioner's Regulations, In order to insure the effectiveness of the Code of Conduct, the Board of Education requests the continuing assistance of parents /guardians in explaining and enforcing such Code. Professional Staff Development Opportunities for Effective Application of the Discipline Policy and Regulations Continuing professional growth and increasing effectiveness on the part of the entire staff are essential for the success of educational programs and the effective application of the school conduct and discipline policy and regulations. inservice programs, to familiarize the professional staff with the provisions and purposes of this policy and regulations, shall be conducted in each school of the District by the Principal or other appropriate administrator at least annually. The professional staff shall be encouraged to make use of available inservice opportunities. Such opportunities shall include, within budgetary limitations, special inservice courses and workshops, summer study grants, school visitations, and attendance at professional conferences and meetings. The Superintendent will have the authority to approve released time for conferences and visitations, and reimbursements for expenses, provided such activities are within budget allocations. NOTE: Refer also to Regulations #7313R -- Guidelines for Student Sust7ensions #7313R, I -- Superintendent's Hearing SUBJECT, GUIDELINES FOR STUDENT SUSPENSIONS 1) Keep careful records of all violations of school regulations. This should include names, dates, circumstances, investigation and disposition. 2) Utilize support personnel to find ways of helping the student and/or parents /person(s) in parental relation to solve the problem (teachers, guidance, psychologists, social worker, attendance officer, etc.). 3) Utilize all school and community agencies which might prove helpful. 4) Record all attempts to deal with problems, including conferences with parents /person(s) in parental relation, teacher observations, record of referrals to other personnel and agencies and their reports. 5) When the Principal has exhausted all available alternatives and resources and feels that the student's continued presence in school would constitute a threat or danger to himself/herself or other students or that the student is "violent and/or disruptive" as defined in accordance with law and Commissioner's Regulations, the matter should also be referred to the Superintendent of Schools. a. A "violent student" is defined in Education Law as an elementary or secondary student under twenty -one (2 1) years of age who: (1) Commits an act of violence upon a teacher, administrator or other school employee; (2) Commits, while on Buffalo City School District property, an act of violence upon another student or any other person lawfully upon said property; (3) Possesses, while on Buffalo City School District property, a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death; (4) Displays, while on Buffalo City School District property, what appears to be a gun, knife, explosive or incendiary bomb or other dangerous instrument capable of causing death or physical injury; (5) Threatens, while on Buffalo City School District property, to use any instrument that appears capable of causing physical injury or death; (b) Knowingly and intentionally damages or destroys the personal property of a teacher, administrator, other Buffalo City School District employee or any person lawfully upon Buffalo City School District property; or (7) Knowingly and intentionally damages or destroys Buffalo City School District property. SUBJECT. GUIDELINES FOR STUDENT SUSPENSIONS (Cont'd.) Teachers are required to immediately report and refer violent students to the Principal or Superintendent for a violation of the District's Code of Conduct and a minimum suspension period pursuant to Education Law Section 2801. However, the suspending authority may reduce such period on a case -by -case basis to be consistent with any other state and federal law. b. A "disruptive student" is defined in Education Law as an elementary or secondary student under twenty -one (21) years of age who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. As further enumerated in Commissioner's Regulations, "repeatedly is. substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by the teacher(s) pursuant to Education Law and the provisions set forth in the District's Code o, f Conduct on four (4) or more occasions during a semester, or three (3) or more occasions during a trimester, as applicable. Pursuant to the District's Code of Conduct, a minimum suspension period shall be established for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom. However, the suspending authority may reduce such period on a case -by-case basis to be consistent with any other state and federal law. G) When a student has been suspended and is of compulsory attendance age, immediate steps shall be taken to provide alternate instruction which is of an equivalent nature to that provided in the student's regularly scheduled classes. The instruction shall commence no later than the second day of the student suspension. a. The principal shall be responsible for the delivery of alternate instruction at the home school location, unless otherwise directed, for students on short and long terra suspensions. Students who have committed an act of misconduct involving a weapon, serious bodily injury, alcohol, illegal drug or controlled substance pursuant to the definition in the District Code of Conduct shall be provided with the required instruction in another setting. It shall be the responsibility of the Office of Students Support ,Services to schedule and arrange for the required instruction. b. The principal shall provide the parent/person in parental relation with the scheduled time and room location of the alternate instruction and transportation arrangement during suspension. Students. who have committed an act of misconduct involving a weapon, serious bodily injury, alcohol, illegal drug or controlled substance pursuant to the definitions in the District Code of Conduct shall receive information regarding the location and schedule of alternate instruction from the Office of Student Support Services. (Continued) SUBJECT; GUIDELINES FOR STUDENT SUSPENSIONS (Cont'd.) Parental Conference in Lien of Suspension (Informal Conference Prior to Suspension) The Parental Conference in Lieu of Suspension is an option and opportunity for parents /persons in a parental relation to address concerns related to student conduct in a manner that may allow the student to avoid a suspension and the loss of instructional time. The principal, at his/her discretion, may include student support staff (psychologists, social workers, school counselors) in the parental conference to discuss intervention strategies on behalf of the student. While participation in the conference does not guarantee that a suspension will not be issued by the principal, the conference can be used to allow parents and school officials to collaborate and consider alternatives to suspensions. It is expected that the Parental Conference in Lieu of Suspension will be made available for most cases of student misconduct. This option is used at the discretion of building principals for incidents of student misconduct for which the building principal deems it an appropriate instrument after consideration of the definitions of violent and /or disruptive students in the District Code of Conduct and State Education Law. A "disruptive student" is defined in Education Law as an elementary or secondary student under twenty -one (21) years of age who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. Where the decision is made by the principal not to offer the conference prior to suspension, such rationale shall be included in the Notice of Out -of- School Suspension. 1. When used, the Parental Conference in Lieu of Suspension, also known as the Informal Conference Prior to Suspension, provides the opportunity for collaboration between school administrators and the parent/person in parental relation with the goal of correcting student misconduct without loss of classroom instruction time. 2. The principal shall provide the parent /person in parental relation with the Notice of Proposed Out -of- School Suspension. This shall constitute the written notification that the student may be suspended from school. The Notice is delivered to the parent /person in parental relation in order to provide them with opportunity for an immediate informal conference regarding the incident of student misconduct and to present the child's version of events. At this conference, they may also submit questions for the complaining witnesses. The informal conference is scheduled so administrators, teachers, and parents may work together on behalf of the child and consider alternatives to suspending the child from school. 3. Building principals are required to use this instrument to address incidents of student misconduct unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process. Such circumstances are defined in the District Code of Conduct. In such cases, the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical. (Continued) SUBJECT: GUIDELINES FOR STUDENT SUSPENSIONS (Cont'd.) 4. The .Determination Following Informal Conference shall be provided to the parent/person in parental relation after the Parental Conference in Lieu of Suspension or the Informal Conference occurring after an imposed suspension. Suspension: Five School Days or Less 1) When a student may be suspended from school for a period of five (5) school days or less, the suspending authority shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension. Administration shall also immediately notify the parents /persons in parental relation in writing that the student may be suspended from school. 2) Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within twenty-four (24) hours of the decision to propose suspension at the last known address or addresses of the parents /persons in parental relation. Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents /persons in parental relation. 3) Such notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent/person in parental relation of their right to request an immediate inforirral conference with the Principal in accordance with the provisions of Education Law Section 3214(3)(b). Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parent/person in parental relation. 4) The notice and opportunity for informal conference shall take place prior to suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical. 5) Regardless of the length of a student's suspension, if a parent/person in parental relation wishes to appeal the suspension of such student by the Principal and/or Superintendent, such appeal must be made to the Board of Education, if necessary, prior to commencing an appeal to the Commissioner of Education. NOTE: Refer also to Regulations #731 OR -- Discipline #7313R.I -- Superintendent's Hearin M leased Facility Lease Amount Information . . ... .... ... ..... .......... .Swan Group Inc. for Access Center IFE "I M-I U N", 70 W. Chippewa Corp. (Emerson) i NEYANSIE" 5P a . . .... .. . . . .... 'Tri-Main Associates (#42 - OTq) Jul. 2012 M . . .. .. . . .. ...... ... . . . .. .WNED - WNY Public Broadca v Aug. 2015 ��$155,000 Grants .International Institute Jun. 2012 LOME .Plaza Group (#46 - 11= I LI M -U "#* I twyw I k F, I Aug. 2025 10I9111HOWIR May 17, 2011 00 J. Peterson, Agent, Use 230 Holly For a Human Service Facility (Lov) (no pub hrg) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS :s(Af Pr4cc5ot� NAME OF AGENT/OWNER ADDRE S R r THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY TBE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL., t o P-(h c lot Cl; �7/d % L { z �� 3/ City.of 65 Niegara`Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Rep ort Date 05/04/2011 01:04 PM AIP tt 167122 USE Building A pplication f / Y" Submitted By FI D Page 1 ME M 5tane� Date Time $y Date . 1 Time By Processed 05/02/2011 10:08 DIGEF Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 10000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Pnonty Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0100 Name Desrrintinn of Wnr3c — BUILDING PLANS / ZBA VARIANCE REQUIRED (UPON RECOMENDATION BY THE COMMON COUNCIL AND CITY WIDE SITE PLANNING BOARD) 511- 136°" TO CONVERT THE FIRST FLOOR OF A 2 STORY FRAME TAVERN(A -2) AND DWELLING(R -3) TO ADMINISTRATIVE OFFICES(B) FOR A HUMAN SERVICES FACILITY FOR VET ERANS. 11J L p Parent A1P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 230 HOLLY BUFFALO NY 14206- Location Contact ID AC344794 Name DENISE MILLER Mailing Address 230 HOLLY ST Organization City BUFFALO StatelProvince NY ZIPIPC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 01/31/2006 To Contact 1D AC94189 Name MILLER DENISE Mailing Address 230 HOLLY Organization City BUFFALO StatelProvince NY ZIPIPC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 No Addresses are linked to this No Addresses are linked to this Application 1234200004026000 No Parcels are linked to this Application City of Buffalo USE Building Appiioatioa 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Repod Date 0510412011 01:04 PM Submitted By FLID Page 2 No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERI ENANT Phone Fax Address (SEE UNDER APPLICANT) Comments PROSPECTIVE OWNERIAPPLICANT: JULIE PETERSON 531 -5242 000000 SBU AC12792 OWNER OF PROPERTY 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNJER FLL1234 DM1 AC12792 OWNER OF PROPERTY 00001 PLU AC355714 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid ZONING BOARD FEE ($75.00) Unpaid Check Inspecfions Inspections Successful Check Reviews Reviews Failed 547216 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 547213 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 547212 FLOOD FLOOD AREA DESIGNATION Waived 547214 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 547215 PLAN REV - REVIEW REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HINT License Valid Check Children Status Children Successful Check Open Cases 1 Case # 181675 APPLICATION FEE U 25.00 ZONING BOARD FEE A 75.00 Total Unpaid 100.00 Total Paid 0.00 There are no Inspections for this Report 547216 CC APP 0 N City of Buffalo USE wilding Applicotion. 65 Niagara Square Buffalo, NY 14202 (716)85'1 -4949 Fax (716)651 -5472 Report Date 05 104 / 201101:04 PM Submitfed By FLID Wage 2 No Applicant Contacts Primary Y Fees Failed Capacity Type Unpaid Effective Unpaid Expire Inspections Successful Contact ID OWNER Reviews Failed Name OWNERI ENANT Phone 547213 CITY WIDE CITY WIDE SITE PLAN APPROVAL_ Fax Address (SEE UNDER APPLICANT) Comments 547214 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 547215 PLAN REV- REVIEW REQUIRED PROSPECTIVE OWNEWAPPLICANT: JULIE PETERSON 531 -5242 Check Conditions 000000 SHU AC12792 OWNER OF PROPERTY 111111 FICQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 00001 PLU AC365714 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check t=ees Fees Failed APPLICATION FEE ($25.00) Unpaid ZONING BOARD FEE ($75.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 547215 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 547213 CITY WIDE CITY WIDE SITE PLAN APPROVAL_ Incomplete 547212 FLOOD FLOOD AREA DESIGNATION Waived . 547214 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 547215 PLAN REV- REVIEW REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI- DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Valid License(s) HIM License Valid Check Children Status Children Successful Check Open Cases 1 Case 181675 APPLICATION FEE U 25.00 ZONING BOARD FEE A 75.00 Total Unpaid 100.00 Total Paid 0.00 There are no Inspections for this Report 547216 CC APP 0 N City of Bu.ffato 65'Niagara`Square Buffalo, NY 14202 (716)851-4949 Fax (716)857 -5472 Report Date 05/04/2011 01:04 PM 547213 CITY WIDE 0 547212 FLOOR 0 NO PYSICAL WORK 547214 FPLAN 0 547215 PLAN REV 0 S ubmitted By FLD N 05/02/2011 10:08 Y 05/02/2011 10:07 N 05/0212011 10:08. N 0510212011 10:08. i Detail 1. PRIOR REQUIRED APPROVALS Modified By D1GEF Modified Date/Time 0510212011.10:08 Comments No Comments PRIOR APPROVALS B110 Arts Commission City Survey (can't) Permit Office ❑ Arts Comm. Approval ❑ Subdivisions ❑ Asbestos. Survey ❑ Asbestos Abatement ❑ .Special events 0 BondlCertified check ❑ Assessment Combination Common Council City Engineering ❑ Admin OfficelApts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Pormissionl for portable sign one year ❑ Encroachment ❑ CanopylMarquee ROW Lease showing Use D Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign 0 Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cuts Merman Service Facility [] Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval E) Restricted Use Permit (I ZoninglUse Check C) Tree over 4" at 4' City Planning (] Other ❑ Thruway Sign approval 9 Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance E) Urban Renewal ❑ S.E.Q.R.A. E) N.E.P.A. ❑ Contiguous Check City survey . ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Meld ❑ Water Retention Detail 2. PLAN REVIEWS Modified By D1GEF Modified Date/Time 05/02/2011 10:07 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4849 Fax (796)857 -5472 Report Date 05/04/201101:04 PM PLAN REVIEWS Plans Review Required (j Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review a Multiple Owdlings Plan Review 0 Building Code Review E) Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review Elevator Code Review Fire Code Review MD OK DIGEF N Submitted By FLD Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for'€ - and 2- Family Cl Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. 0 Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC /Mech. ❑ Revisions Required for Elevators [) Revisions Required for Fire Bureau 05/02/201910:08 DIGEF Existing Use TAVERN /APARTMENT New Use HUMAN SERVICES(OFFICE) AND APARTMENT Dwelling Units Lost 0 Dwellina Units Addarr 0 Debris ❑ Electrical ❑ Plumbing ❑ Heating 0510212011 10:07 USE Building Applicafio Page 4 City of Buffalo USE Building Applicption, 65 Niagara Square Buffalo, NY 14202 (716)851- 4949 Fax(716)851 -5472 Report Date 05104/201101:04 PM Submitted By FLD Page 4 P1 �SJV REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office Q One- and Two - Family Plan Review Q Multiple Dwellings Plan Review Building Code Review ❑ Citywide Site Plan Submission Check Q Sevier Code Review Q Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Etevator Code Review ® Fire Code Review MD OK DIGEF N There is no planning condition for this project. No Records for This Search Criteria Revisions Required Cl Revisions Requi for Simple Plans Q Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings Q Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site Q Revisions Required for Sewer Plans Q Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. Q Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 05102120'1110:08 DIGEF 051021201110:07 ❑ Work done by owner M Zoning Board 0 Residential ❑ Work with out Permit (FINE) 0 Commercial ❑ Multiple Dwelling FLAT FEES Existing Use TAVERN/APARTMENT New Use HUNAN SERVICES(OFFICE) AND APARTMENT Dwelling Units Lost 0 ❑ Electrical - -- _ -. _ _... - __._._ _____._- __ - -- - ❑Plumbing Dwelling Units Adders - ❑ Heating Debris [ f__. .- ...._,. City.. of Buffalo 85 Niagara' Square Buffalo, NY 14202 E (71(>)861-4949 Fax (716)851 -5472 Report Bate 05/04/201101:04 PM There are no Items in this list No Employee Entries No Log Entries J e Business Name Business Phone 4 20 ��) Business A rasa o � z c s - edT (No., Street) i (City, Town or Village) ' (State) (zip) Human Service Facility Address Buffalo, New York Business Standing. Private Entity Public Entity Applicant's Busiaeis Position. Owner Partner Corporate Ofileer Other, ftslness.Operational Information 'hype of Facility. Food Pantry Soup ritcb .on Walk-In Cotter Drop -In Center j Counseling Center Detention Center Temporary or Short -Term Shelter Transient Housin - - -- Substance - Abuse Community or Residential Treatment Facility / Residential Treatment Facillty (Correctional Puroeses) other // f_ i _ _ HUMM SERVICES USE PERMIT' APPLICATION MUST BE COWLETED11i FULL. . .......... 2 MW A ! otherPerfinent r. Applicant Signatur Sub anted and swam to before me thh day of c om mWiamer o, fDeeds In arad jar the Cdp of B alp, 'Vew York w pap2ara EPART. ENT OF BYAM w. Blum Afiw Appeal from the Decision of the Department of Permit and *Wtion emces Sim of Lot fi=t x ( if " 0 a .. q .1.4w +a SH O R T E F o r .... ..... . Z. &1 f 9. VMATIS LAN USE i�,f, tSi •" � r Dart 0: AMOY _ N - ASAIMBULTOF Y I COMFYTHAT l IN .. z 'r. Wa i R ?� } }`l 1� a � • s >'_ • City Clerk's Department BUFFALO May 20, 2011 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the aftached resolution item. PASSED May 17, 2011 Appt Account Clerk Typist (Pe - n)(Littlejohn)(5` h Step)(Assess) Gerald A Chwalinski City Clerk r ;53 Si Appt Account Clerk Typist(Perm)(Littlejohn)(5 Step)(Assess) Ccp# 19, 573 Mrs. Russell moved That Communication 19 of May 3, 2011, be received and Filed and that the Permanent appointment of Cavina Littlejohn, 9 Hamlin Road, Buffalo, NY 14208 at the Fifth Step of $35,127.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service * AYE * NO * FON'NA. FRANCZYK * GOLOMEREK * - - KEAJRNS LOCURTO PRIDGEN RIVERA RUSSELL swrH 2/3- 6 3/4- 7 C% Appoint Caulker.(Perm)(Step 2)(Cwik)(PW) Ccp# 31, 513 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED j� t� f�1 Recommended by the Committee on Civil Service City Clerk's Department BUFFALO May 20, 201.1 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. 10IM& PASSED May 17, 2011 Appt Sr Account Clerk Typist (Perrn)(Max)(Fazio)(PW) Gerald A Chwalinski City Clerk UO05, ` Appt Sr. Account Clerk Typist(Perm)(Fazio)(Max)(PW) Ccp# 32, 513 Mrs. Russell moved That Communication 32 of May 3, 2011, be received and piled and that the Permanent appointment of Marily Fazio, 25 McClellan Circle, Buffalo, NY 1220 at the Maximum Salary of $36,079.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 11 E S 011 14 maj - 5 113- 6 314 - 7 *AYE*NO* 000 Appoint Director of Purchase (Exempt)(Flat)(Sunderlin(A&F) Ccp# 37, 513 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 0- n� Notices of Appointments- Temp /Prov /Perm " Ccp# 45, 513 Mrs. Russell moved That the above item be the same and hereby is Receives[ and Filed ADOPTED Recommended by the Committee on Civil Service 5,*", I Fill 11 l!IIIII!Ill 00060 Audit Report Parks Equipment Inventory & Golf Course Operations Ccp## 12, 513 Mr Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee oft - 7' IAIAFC, Lj City Clerk's Department BUFFALO May 20, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO 13 10 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED May 17, 2011 Perm to Increase Contract Wendel Duchescherer Citywide Streetcut (PW) Gerald A Chwalinski City Clerk t` - 0006 ' Permission to Increase Contract — Wendel Duchscherer Citywide Streetcut (PW) (Item No. 27, C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council. with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order Number 2 to Wendel Duchscherer for Contract Number 93000553 in the amount of $60,000 for Citywide Street Cuts. Funds for the project are available in Capital Account 430032106 445100, 33311106 445100 and accounts to be named at a later date. Passed. Recommended by the Committee on Fit -' Chairman 1'ARnnv 1 :\Nvp60Q nsivord\nnvk7c5 -r 7c_doc MAY 3 1 2011 ,� p AYE * NO FONTANA PREDGEN RIVERA RUS�ELL SAHM maj 5 2/3- 6 314 - 7 City Clerk's Department BUFFALO May 20, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 62 PASSED May 17, 2011 Request for Approval- Eng Services- 213 Bristol/ 235 Emslie (PW) Gerald A Chwalinski City Clerk 0006..`. Request for Approval — Engineering Services — 213 Bristol/235 Elmshe (PW) (Item No. 30, C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Public Works, Parrs and Streets is hereby authorized to enter into a contact with Benchmark Environmental. Engineering and Science PLLC to provide professional services necessary for related planning and oversight of remedial measure and closure report for the property at 213 Bristol and 235 Elmslie St. Funds for the project are available in Account #31310906- 4451.00. Passed. Recommended by the Committee on Finance Ch irrnan TABn nv t:lwp60lmsword\rmvt8c5- 17c.dor APPROVED LAY 31 1111 maj 6 2/3- 6 3/4- 7 *AYE NO FONTANA FRAN GOLOMBEK KE LO TO PRID RIVERA R USSELL � � � City Clerk's Department BUFFALO May 20, 201 1 Pursuant to the provisions of Section 3-19 of the Charter, i present herewith the attached resolution item. No. 63 PASSED May 17, 2011 Budget & Personnel Amendment- A & F Inv & Stores Gerald A Chwalinski City Clerk 'y? 000603 =N Budget and Personnel Amendment --- A& F Inv. & Stores (Item No'. 102, C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Budget and Personnel Amendment contained in the above communication is hereby approved. Passed. Recommended by the Committee on Fi nee Chai man TABrniv tlwp501mswordlrmv19c5 -17c. doc APPROVED MAY 3 1 2011 0 * A.'YE *N0* * FO ANA * FRANCZYK * GOLOE KEARNS * LO 'TO * PRIDGEN RWERA * RUSSELL * SMTH * aj m 2/3- 6 3/4- 7 City Clerk's Department BUFFALO LO May 20, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 64 PASSED May 17, 2011 Approval Contract Permitting Reimbursement From Empire St Deve Corp Under a Restore III Grant Award- Demo & Site learning (Strat Plan) Gerald A Chwalinski City Clerk r t i W- Ar - 00064 Approval Contract Permitting Reimbursement. from Empire State Development Corporation Under a Restore III Grant Award - Demolition and Site Clearing (Item No. 7, C.C.P., Apr. 19, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Kearns moved: That the City is authorized to enter into a contract with the Empire State Development Corporation for the $7,635,526 grant to benefit the RESTORE III (Neighborhood Revitalization) Award by- -Ratifying and confirming the prior application materials submitted to obtain the above referenced grant funding commitments. - Authorizing the Mayor to execute the necessary grant funding agreements (in substantially the same form as attached to the Communication) and related documentation as shall be required to utilize and receive said grant funding. - Authorizing all other City Personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant funding as well as all related reporting, monitoring and follow -up functions associated.with the grant funding. Passed. Recommended by the Committee on Finance Chairman AYE NO � FRANC * x GOLO E KEGS LO TO PRIED RIVERA x RUSSELL ai - S 2I3@ 6 314- 7 0006 J. Pajak- Inform Provided by Olmsted Parks - Assessing the Value of Parks Ccp# 39, 2122 � Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED N Recommended by the Committee on TI � - Q06fl; B. Boyarsky- American Wtr Resources Water Line Protection Program Ccp# 27, 1/11 Mr. Kearns moved That the above item be the same and hereby is Received and .Filed ADOPTED VVU Recommended by the Committee on C Fi OA Ocf 0:. M. Kearns - Diamond Hurwitz Scrap LLC Plans for Future Relocation Ccp# 31, 1111 Mr Kearns moved That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee on 'F f 0 No Cie B M. Kearns -RIyP Phase I South Bf[o Legacy Park & Center Ccp## 32, 1111 =r Mr Kearns moved That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee on 'Fi Af Wc 1� o 0 0 69 E t_� F Opening a Gift Shop and Tourist Ctr on 25' Floor (Comp) Ccp# 105, 7/20 Mr Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on f 1� 00070 Equity in Energy /Utility Funding Cop# 94, 1/22 Mr Kearns moved That the above item be the same and hereby is Referred to the Committee on Community Development ADOPTED Recommended by the Committee on ��cC City Clerk's Department BUFFALO May 20, 2011 O EM i 01XVIN M I Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 71 PASSED May 17, 2011 Renew Lease Agree Btwn COB and the Valley Comm Assoc (Fill)(Strat Plan) Gerald A Chwalinski City Clerk A01 000f"I Renew lease Agreement Between COB . and Valley Community Association U ,,'; (Item No. 12, C.C.P., Mar. 4, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Executive .Director of Strategic Planning is authorized to renew the Lease Agreement between the Valley Community Association and City of Buffalo for the use of 87 Leddy Street (a.k.a. 93 Leddy) until December 31, 2012 upon the terms and conditions contained in the above communication. Passed. Recommended by the Committee on TABraw 1Awp60Wswordkn av\]70 -17c -doe -- -- AP FP RI 0 V E D MAY 3 1 2011 $m 2/3- 6 v� 3/4- 7 City Clerk's Department BUFFALO May 20, 2011 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 72 PASSED May 17, 2011 Renew Lease Agee Btwn COB and the Old I" Ward Comm Ctr (Fill)(Strat Plan) Gerald A Chwalinski City Clerk a q 0 0.P, Renew lease Agreement Between COB and Old First Ward Community Center (Item No. 13, C.C.P., Mar. 4, 2008) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Executive Director of Strategic Planning is authorized to renew the Lease Agreement between the old First Ward Community Association, Inc. and the City of Buffalo for the use of 70 Vincennes (a.k.a. 62 Republic) until December 31, 2012 upon the terms and conditions contained in the above communication. Passed. Recommended by the Committee on Finance Chairman rdimMI80- 17c.dac MAY 3 12011 SON *aAv 4 L s'j City Clerk's Department BUF'F'ALO May 20, 2011 ma* I111WTI i IM1 0 Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 73 Report of Sale 361 Adams (Ell)(Strat Plan) PASSED May 17, 2011 Gerald A Chwalinski City Clerk f Via {= 0 0 V 7 a Report of Sale — 361 Adams (Item No. 8, C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. LoCurto moved: That the offer fiom Mr. Gary E. Collins, 355 Adams Street, Buffalo, NY in the sum of One Thousand and Eight Hundred and Twenty -Five Dollars {$1,825.00} for the purchase of 361 Adams Street to be used. for additional green space, 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 Mayer be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended b the Cormnittee on Commun Development y tY v pment airman TAannv I �� t:1vv60\mswordWrnv119c5 -I 7c.doc �AAW)W AVE NO FONTANA FRANCZYK GOLOEK fs LO TO PRIDGEN City Clerk's Department BUFFALO May 20, 20.11 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 74 Report of Sale 37 Milnor (Ell)(Strat Plan) PASSED May 17, 2011 Gerald A Chwalinski City Clerk Fav Q ? 7= Report of Sale — 37 Milnor (Item No. 11, C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. LoCurto moved: That the offer from Mr. Austin M. Colbert, 41 Milnor Street, Buffalo, NY in the sum of Two Thousand Dollars ($2,000.00) for the purchase of 37 Milnor Street to be used for additional green space, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development — �IaL W - - C irman TABnnv tAwp60 mswordlrmv1200 IJ M * AYE NO FONTA A FRAN CZYK GOLOMEREK ARKS ]� g$'' LO TO X PRIED r � RIVE 9ti Y. 54 RUSSELL S Nff ZI3p5� 314- 7 # COMMUNITY DEVELOPMENT 0 0 0 7F D. Rivera -A Critique of Public Bridge Auth's Economic Impact Claims ( #5$, 5l3) Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community Development y ty p ent 000704 M. LoCurto -What Climate Change Means for Buffalo (05, Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development �a 00077 Waterfront Neighborhood Community Development Agreement (Mayor) (# 1, 7120) Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Developmen LEGISLATION MMM R. Fontana - Article- Fracking Leads to Spill ( #48, 5/3) Mr. Golombek moved: That the above item be the same and hereby is. Received and Filed. ADOPTED Recommended by the Committee on Legislation 9 4� Mt mmm J. Golombek- Article- Crackdown Can Walking in Streets ( #49, '5/3) Mr. Golombek moved: That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Legislation d 00086 D. Pridgen --- Event Notification Form } (Item No. 57, C.C.P., May 3, 2011) d s That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the attached Event Notification Form is hereby adopted to be used for voluntary notification of an event likely to attract a large group of people within the City of Buffalo, to be provided to the Buffalo Police Department prior thereto, so that it may more appropriately allocate its resources. Adopted. Recommended by the Committee on Legislation A Q&2 -- Chairrn TABrmv t '1Nvp60kmsNvord\nnv\26c5- 17c.doc r r: f �,•f r . E. Sullivan - Garcia- Request Preservation Board to Override Its Decision Re: 1069 Delaware Avenue for a Sign (Item No. 6 C.C.P., May 3, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. ,Q©lombek moved: item i ereb ecomin e5d to sed, Recommended by the Committee on Legislation " tw , Chairman d 7'Allrnry 1 Ahsp60krnsNvordlrmvV7c5- 17c.doc p e City Clerk's Department BUFFALO May 20, 2011 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. PASSED May 17, 2011 Food Store (New) 2534 Bailey (Lov)(EDPI)(#31, 4/19) Gerald A Chwalinski City Clerk 0008 Food Store License -- 2534 Bailey (Lovejoy) (Item No. 85, C.C.P., May 3, 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 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a Food Store License to Musid Kadi d /b /a Kadi Mini Mart located at 2534 Bailey. Passed. C Recommended b the Committee on Legislation g" Chairman TABrmv tAwpWmswordlmivMc5- 17c.dov 9� =�Imffl PLAY 3 1 2811 I a ... .,. A I ' *AYE *NO* 2 k i . EOrffANA FRAN CZYK 3� ' ®�� g �j {3O ••� .A. KE L O TO PRED GEN RIVERA R USSELL S iS 7�. LLB✓✓/ 7F �c � City Clerk's Department BUFFALO May 20, 2011 112 "T 1 -0 14- 1 1 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 83 PASSED May 1'7, 201.1 Food More (New) 1245 E Delavan (Lov)(EDPI)(#32, 4119) Gerald A Chwalinski City Clerk 0008 Food Store License --1245 East Delevan (Lovejoy). (Item No. 86, C.C.P., May 3, 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 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a Food Store License to Samir Hassan d /b /a City Market and Deli located at 1245 East Delevan. Passed. i e Recommended by the Committee on Legislation J Chairman TABti v t: hvp60\niswordlHiiv\29c5- 17c.doc APPROVED 'N" aj �-5 2/3- 6 3/4- 7 AYE NO FONT A. FRAN GOLD E L O PRED RIVERA RUSSELL � � � ,, D. Pridgen- Ordinance of Miami City Commission Entertainment Specialty Districts ( #70, 4/19) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 3° City Clerk's Department BUFFALO May 20, 2011 W11. N ff67,1 M6 11 " DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. PASSED May 17, 2011 Food Store (New) 1373 Main aka 1381 Main(Masten)(EDPI) Gerald A Chwalinski City Clerk .lV08 Food Store License — 1373 Main a /k/a 1381 Main (Masten) (Item No. 35, C.C.P.; Apr. 19, 2011) That the above item be, and the same .hereby is returned to the Common Council without recommendation. Mr. Golobek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a Food Store License to Sheirin Ido d /b /a Main/Utica Market located at 1373 a/k/a 1381 Main Street. Passed. r Recommended by the Committee on Legislation U Chairman TARrinv t:hvp6O\ms%vordVmvl3 [ 6- 17c.dac MAY 3 1 2011 »4 ■>,2, ».,n# « v »■ lo s ,n ou of Build § »,;z> o Illegal p ° No a or t obacco >,< on ou , s . ,.,.... mechanical equipment :■ :n ,44 * .�ifa� -...w and . § ± f : « » a #f «- v� ■ «>� w l ; hours . .. 6. � � . . : . ... � . p + ■«c «n . a »<,■ ® +_» .:, 4 mino , «<„ p r od ucts fr om them 7. K eep z clean sto . -v«scus :.. , �.w « �..�- - harbor >«% « participate zf - t w contribu ®� ■ or o de t o t he neighbo 1 0 Hand poin < s mus be approved «t » ■ztme K Inspec se No se any loose c o t oba c co p « ° <;::f> \ Prov > Was can ou o build . . : ..:. obs k.u c tion W . Attend .. .. >y .� r req ues t ed � _ - - »,- � *, *«,< » . �� .. . g' AVE NO FONTANA FRAN GOLO EK 3k S� 97 )M S YY LOCURTO PRIDGEN sk 'g'7' �v 3R.�t'� RUSSELL SWIM 3� m 2/3- 5 3/4- 7 �! Food Store License Renewals -2011 (EDPI) ( #16, 218) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended.by the Committee on Legislation Im RESOLUTIONS May 17, 2011 0 0 087 REOLUTI ®N Sponsored by: Mr. Fontana Re: Ericson Ave. Trailblazing Sign for Valinda Moore - Meredith Whereas: Whereas: Whereas: Mrs. Valinda Moore - Meredith lived on Ericson Ave. for over 25 years and was an active member of the Ericson-- Weeker Block Club; and Mrs. Moore - Meredith served as part of the block club's planning committee among other duties; and As part of her dedication to the community Mrs. Moore - Meredith walked door -to- door providing service and assistance to sepior citizens in need; and Whereas: In order to make Ericson Ave. a beautiful place to live, Mrs. Moore - Meredith maintained a vibrant and colorful community garden at the corner of Ericson and Lang; and Whereas: In March 2011 Valinda Moore - Meredith passed away and is sorely missed by family and friends in the community. Now, Therefore, Be It Resolved: That the Common Council makes a Trailblazing designation on Ericson Ave. in honor of the hard work, community dedication, and kind spirit of Valinda Moore- Meredith. Be It Further Resolved: That the Trailblazing sign in honor of Valinda Moore - Meredith be placed on the corner of Ericson and Lang, at the site of the Ericson- Weeker Community Garden. Richard A. Fontana f , 611, 0008` I Resolution By: Mr. Fontana Re: Appointment Whereas: Bryan Bollman has served as a Legislative Aide and Legislative Assistant for the past three years; and Whereas: Bryan has gone above and beyond his duties as a Legislative Assistant, taking an active role in working hands -on with block clubs and constituents in the community; and Whereas: Bryan Ballman graduated from the University at Buffalo with a Bachelor of Science degree in Political Science, Novo, Therefore, Be It Resolved: Bryan Bolman be appointed Senior Legislative Assistant to the Lovejoy District office, effective June 1, 2011. Richard A. Fontana Majority Leader kr 00080 Resolution By: Mr. Fontana Re: Appointment Whereas: Thomas J. Olejniczak is a life -long resident of the Kaisertown neighborhood; and Whereas: Thomas has served as an intern for two years in the Lovejoy District office; and Whereas. Thomas J. Olejniczak is pursuing a Master of Arts degree in English at Buffalo State College. Now Therefore, Be It Resolved: Thomas J. Olejniczak be appointed Legislative Aide to the Lovejoy District Office, effective .tune 1, 2011. Richard A. Fontana Majority Leader i i�. RESOLUTION By: Mr. Franczyk Re. Waive Construction & Permit Fees for Eastside Redevelopment Task Force Inc. Whereas: Eastside Redevelopment Task Force Inc. is a not- for-profit organization in the City of Buffalo; and Whereas: Eastside Redevelopment Task Force Inc. is seeking to use a portion of the former Wonder Bread building at 356 Fougeron, aka 358 Fougeron, as a community and recreation. center; and Whereas: Converting the warehouse space to a recreational and community center is a monumental and costly task; and Whereas: Eastside Redevelopment Task Force Inc. has asked the Common Council to waive city fees associated with converting the building into a community center to be known as "Center of Hope;" and Whereas: All fees waived by the City of Buffalo will translate directly into reduced building costs and more programming dollars, thus allowing the Center of Hope Community Center to put more funds into programs for the neighborhood; and Whereas: The City of Buffalo, and this Common Council encourages the Eastside Redevelopment Task Force Inc. to continue to strengthen and revitalize the community; Now, Therefore Be It Resolved: That the Common. Council hereby directs the Department of Economic. Development, Permits & Inspection Services to waive all construction and permit fees for the Eastside Redevelopment Task Force Inc. associated with the conversion of the former Wonder Bread building at 356 Fougeron, aka 358 Fougeron, to the community center to be known as the Center of Hope Community Center; and Be It Further Resolved: That the City CIerk is directed to send certified copies of this resolution to Department of Economic Development, Permits & Inspection Services Commissioner James Comerford, Acting Corporation Counsel David Rodriguez, and Darnell Jackson, President, Eastside Redevelopment Task Force, Inc. for their review. avid A. Franczyk 53. PRIDGEN 9s x RIVER. RUSSELL s aj 5 2/3- 6 3/4- 7 0009 By: Mr. Golombek RESOLUTION Re: Allow City Residents to Donate to Arts and Cultural Organizations Through a Designation on City Tax and User Fee Bills Whereas: Erie County recently decided to discontinue funding to most arts and cultural organizations in the City of Buffalo; and Whereas: The City of Buffalo has a vibrant arts and cultural community and this Common Council recognizes the importance these groups have on the fabric of our city; and • k Whereas: Providing assistance to the arts and cultural organizations as local governments struggle with balancing their own budgets is a reality facing Western New York; and Whereas: Arts and cultural organizations recognize the need to explore other forms of funding. These institutions realize that they can no longer be reliant on government funding; and Whereas: The Common Council has looked into having a section of city tax and user fee bills where individuals can include a donation for arts and cultural organizations, giving citizens the ability to determine whether they wish to donate or not. Another option explored was to include an area on the City of Buffalo home page where the public can choose to make a donation to arts and cultural organizations in the city if they wish. These ideas were supported by various city departments; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo directs the Corporation Counsel and the Comptroller's Office to set up the appropriate T &A accounts to facilitate accepting donations from the public to help fund arts and cultural organizations in the City of Buffalo; and Now, Be It Further Resolved: That the Common Council directs the Corporation Counsel and Management Information Systems (MIS) to work with the Department of Assessment and Taxation, the Department of Public Works, Parks and Streets and any other department necessary to prepare the appropriate language for donations to be made via the City of Buffalo home page, tax and user fee bills; and that such language be included on the tax and user fee bills that are mailed out for the July 1, 2011 billing cycle; and Now, Be It Finally Resolved: That copies of this resolution be sent to the Corporation Counsel, Comptrollers Office, MIS, Assessment and Taxation and Department of Public Works, Parks and Streets. 9 a By: Mr. Golom:bek Re: Ordinance Amendment Chapter 511, Zoning The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: CHAPTER. 511. ZONING ARTICLE XXVIII. Citywide Design and Site Plan § 511-13 8. Design and site plan review required. A. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove design and site plans throughout the entire City for the following: (1) All new construction, including residential, (private, public or religious) in excess of $100,000 in value or 5 0,00 0 square feet in area. (2) All rehabilitation (private, public or religious) in excess of $80,000 or 50,000 square feet in area and any demolition action (private or public) in excess of $100,000 not mandated for public safety reasons. [Amended 5 -1 -2001, effective 5 -15 -20011 (3) All (private or public) industrial or commercial development occurring within 300 feet of a residential use (excluding property boundaries) shall be subject to this section. (4) All expansions to off-street parking lots in excess of 3,000 square feet and having more than six vehicle spaces, loading and stacking areas and structures. (5) All structures on the public right -of -way. [Added 5- 292001, effective 6- 11- 200.11 6 Newly constructed commercial buildings and exterior rehabilitation of existing commercial buildings in the Elmwood_ Village Design Standards District identified in &511-155(B). However reconstruction of roofs that are not visible from"a street - or the - replacement or:coverin - of 'roof °shin les with an in -kind material shall not be subject to this provision. 1 B. Elements to be included in the design and site development review may include, but are not limited to: parking, means of access and egress, pedestrian sensitivity, screening, signage, landscaping, architectural features, location and dimensions of buildings, impact of the development on adjacent properties, environmental matters and such other elements which may be related to the health, safety and general welfare of the community. § 511 -152. Amendment. [Amended 5- 29-2001, effective 6 -11 -2001] An approved design and site plan may be amended at any time. The amended design and site plan may be subject to the same standards and limitations as provided in this article for original design and site plan approval if deemed necessary by the Planning Board. The Planning Board will consider the nature and extent of the amendment, the impact of the change on the surrounding community and the basis or rationale for the amendment. A, Exception Any amended plan within the boundaries of The Elmwood Village Design Standards District defined in § 511 -155 below, shall be subject to the same application requirements, notification ublic hearing, and review p rocedures as this article re uires for the original application. § 511 -155. Elmwood Village Design Standards District. [added 3-3 -2009, effective 3 -17 -20091 A. Legislative intent. The Elmwood Village Design Standards have been created to ensure that future development (including new construction as well as alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community. (1) [Important] The following izn oft aspects of community character [can] shall be protected (or enhanced in areas where it has been lost or encroached upon): (a) Pedestrian - oriented building and site design; (b) Mixed -use buildings; (c) Small scale appearance; (d) Creativity and eclecticism; and . (e) Durable, hi quality exterior materials. N (2) [Specific] The following are specific goals to be met through the maintenance and enhancement of these important aspects of community character: (a) The easy identification of the Elmwood Village as a unique place within the City and region; (b) A lively and active street life in the Elmwood Village; (c) The promotion of safe and pleasant pedestrian access to and around the Elmwood Village; and (d) The promotion of small -scale commercial enterprises that comprise the intricate web of commerce keeping the Elmwood Village healthy and vibrant. 3 To the extent that 511 -155 conflicts with regglations the base zonin district, the regulations herein shall control. B. District boundaries. The Elmwood Village Design Standards District shall include all commercial properties [located within the area extending north from the north side of North Street to the south side of Forest Avenue and west from Delaware Avenue] abutting Elmwood Avenue between Forest Avenue and North Street. In addition the District shall include all commercial properties abuttin the following east -west spurs: (excluding properties fronting Delaware Avenue) [to the east side of Richmond Avenue]. a. Forest between Richmond and Granger b. Bird between Ashland and Granger c. Potomac between Ashland and Bidwell d. West Delevan between Ashland and Ar le e. Auburn between Grenwa I Alley and Cleveburn f. Lexington between Norwood and Elmwood g. West Utica between Ashland and Delaware h. Hodge between Ashland and Delaware i. Bryant between Ashland and Delaware j. Summer between Richmond and Delaware k. North between Symphony Circle and Delaware Where the District terminates at an intersection the District shall not include all four comers of the intersection only those pj9perties located between the streets listed. M C. Definitions: Definitions relevant to the Rlmwood Village Design Standards. ACCORDION GATE A metal gate assembly, jointed so that it can be moved to and locked in position across the window or other opening, in order to prevent unauthorized entry through the opening. AWNING A roof-like cover extending over or in front of a storefront (as over the deck or in front of a door and /or window) as a shelter. BAY A main division of a structure. BAY WINDOW A window or series of windows forming a bay in a room and projecting outward from the wall. BELT COURSE A narrow horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. BULKHEAD The area below the display windows at the sidewalk level. CANOPY An ornamental projection over a door, window, niche, etc. CHANNEL LETTER SIGN Fabricated or formed three - dimensional letter with an a en face that ma accommodate a light source. CLERESTORY An outside wall of a room or building that rises above an adjoining roof and contains windows. COILING SHUTTER. A moveable screen or cover used to protect an opening. COLUMN A supporting post, often round in shape, found on storefronts, porches and balconies; may be fluted or smooth. CORNICE The proj ecting uppermost portion of a wall, sometimes treated in a decorative manner with brackets. E.II.F.S. (Exterior Insulated Finish System) Synthetic stucco which is applied in one or more coats over rigid foam insulation and a fiberglass mesh. ELECTRONIC MESSAGE BOARD SIGN An sign that displays changing still images, or movin images, including video and animation, utilizing a series or rig d of lights that m4y be changed through electronic means, including cathode ray, light - emittin diode LED . diMlqy, plasma screen liquid cr stal dis la LCD fiber -optic or other electronic media or technology. FACADE The face of a building [especially the principal face] including all windows, _ doors, sign areas and - decorative elements FASCIA SIGNBOARD 5 A flat horizontal member of a building having to be used for a nameplate over the front of a shop. FENESTRATION The arrangement of windows in a walla FRIEZE The portion of the facade found just below the point where the wall surface meets the building's cornice or roof overhang. FRONT LOT LINE Can a regular lot, the front lot line is the shared line between the lot and a sidewalk/public right-of-way. GABLE ROOF A roof that consists of two sloping planes that meet at the ridge or peak. The planes are supported at their ends by triangular, upward extensions of walls known as "gables." HALO SIGN Letters and symbols of solid metal or other opaque materials illuminated from behind so as to illuminate the surface behind the letter MANSARD ROOF A roof that has two slopes on all four sides. MASSING OF THE BUILDING(S) The combined effect of the arrangement, volume and shape of a building or group of buildings. Also called "bulk." NEON SIGN A sign manufactured utilizing neon tubing which is visible to the viewer. NEON TUBING Electric discharge and cold cathode tubing manufactured into shapes that form letters parts of letters skeleton tubing, outline lighting, and other decorative elements or art forms in various colors and diameters and filled with inert gases. PARAPET The portion of an exterior wall that rises entirely above the roof, usually in the form of a low retaining wall; the parapet may be shaped or stepped. PILASTER A shallow pier attached to a wall; often decorated to resemble a classical column. PUBLIC RIGHT -OF -WAY Includes the street, curb and sidewalk area in front of private property at the front lot line. SCALE A relative level or degree; to make in accordance with a particular proportion or scale with the surrounding architecture. SECRETARY OF THE INTERIOR DESIGN STANDARDS The United States Secretary of the Interior sets the standards for national preservation programs. The Standards for Rehabilitation provide guidelines for rehabilitation and adaptive reuse of historic properties. SETBACK 0 An architectural expedient in which the upper stories of a tall building are stepped back from the lower stories; designed to permit more light to reach the street. SIDE LIGHT A framed area of fixed glass alongside a door or window opening. STOREFRONT The front side of a store or store building facing a street. STUCCO A laster made mostly from Portland cement and sand and lime, while soft to cover walls or surfaces. TENURE The visual or tactile surface characteristics and appearance of a building. TRANSOM A small - hinged window above a door or another window. TRANSPARENT GLASS -- DEGREE OF TINTING Capable of transmitting light so that objects may be easily seen on the other side. VALANCE A short drapery, decorative board or metal strip mounted across the bottom of an awing to conceal structural fixtures. VIEWING ZONE The viewable portion of a storefront from the outside sidewalk. 7 [D. Community notification, In addition to the City's normal notification procedures, the following additional notification procedures shall apply to all commercial properties within the boundaries of the Elmwood Village Design Standards District, residential properties that are requested to be. rezoned to a commercial use or where a demolition is requested: (1) Within three business days of receipt of an application for a building permit, a demolition permit or a rezoning request, the City will transmit a copy of the application to the appropriate contact person at the appropriate community organization(s). These contact people will be kept on file in the offices of the City Planning staff assigned to the Planning Board and Preservation Board. It will be the responsibility of the community groups to keep this information current. (2) The City Planning Department staff person or persons responsible for preparing the Planning Board, Zoning Board and Preservation Board agendas will transmit the agendas of said Boards to the appropriate contact person(s) at the community organization(s) seven business days prior to the subject board meeting. (3) Immediately upon submission of an application for a building permit or a rezoning request, the applicant is required to affix a permit request sign to the subject property in such a location that it is immediately visible from the major street which the property abuts. Said sign shall state the nature of the permit requested (building permit, demolition permit, application for rezoning, etc.) and the appropriate phone number to call for more information. Such sign will be applied by the applicant, at his or her expense, and will be made and printed with durable material to withstand weather elements and will be a minimum size of four feet by four feet. Such sign must be displayed for a minimum of 10 clays prior to public hearing (Photo #1 below).] D. Comm urai Imtotificatioo. In addition to an existin notification re uirements the followina notification vrocedures shall gpplv when an applicant applies for a building permit to construct a new structure or alter the exterior of an existin structure or a rezoning within the boundaries of the Elmwood Village Design Standards District. 1. Within three business days of receipt of an application to the Permits Office the Ci will transmit a copy of the application to a community organization that has requested notification for the following situations: a) New structure, b) Exterior alteration of existing structure, c) Zoning_ variance required, d) Rezoning, or e) Demolition. A communit y organization shall be a not-for-profit egrporation into orated for among other thins community development within the Elmwood Village Design Standards District or an organization with the Board of A communi1y organization shall request to receive notification b submitting a written request to the City Clerk's Office who shall then transmit the written request to the Common Council to be received and filed. In order to continue receiving notification a written re nest must be submitted to the Cit y Clerk every two years, which time eriod shall be measured from the date of submission of the last written request. 2. Within three 3 business days of submitting an application for any of the reasons listed in paragMh (D)(1) above the applicant is required to affix a si n a roved b the Permits Office to the subject propeLty in such. a location that it is immediately visible from the major street adjacent to the property. Said sign shall state the nature of the qpplication permit, demolition permit application for rezoning,) and the appropriate Ci of Buffalo hone number to call for more information. The sin shall be obtained and ereqgd erected-by the applicant at their expense and shall be made and Minted with durable material to withstand weather elements and shall be a minimum size of 4 feet b 4 feet. If a ublic hearing is re aired the sign must be dis la ed for a minimum of l0 days prior to public hearing._ _(Photo #1 be ow) 9 Photo #1 [E. Demolitions. Demolition of structures for reasons other than to preserve public health, safety and/or welfare are not encouraged. Any proposed demolition of private property must have a reuse plan reviewed and approved under this article prior to demolition.] [F.] E. Building to site relationships. Site design shall be oriented toward the pedestrian. (1) Buildings shall be .built to the front lot line with an exception for setbacks of up to 10 feet from the lot line allowed to accommodate pedestrian - friendly uses such as outdoor eating spaces, small public plazas or sitting areas that welcome pedestrians, but that do not impede pedestrian traffic. (2) Parking will not be allowed in front of or at the sides of buildings. Parking shall only be permitted behind buildings. [(3) New site uses shall accommodate existing mature trees, and all sites shall incorporate appropriate landscaping.] [(4)] (3) New buildings built on corner lots shall be [placed on the lot in such a way that they hold the corner by building] built to the front and side street lot lines. (5) (4) Dumpsters shall be completely and attractively screened from the public right-of-way. G. F. Specific standards and considerations. (1) Scale. New buildings shall maintain the predominant scale of other buildings [in the Elmwood District]: nearby. [(a) New buildings shall respect the predominant height of buildings within the area (Drawing #1). The predominant height of buildings is between two and 2 1/2 stories, sometimes with the two-and-one-half-story portion located behind a one- or two-story storefront. This height provides noise separation between residential neighborhoods and the commercial street; creates the density levels that are critical to maintaining a viable and pedestrian - friendly commercial district; and contributes to the safety of the district and its liveliness. One-story buildings and buildings of more than five stories are considered inappropriate.] (a) New buildings and building additions shall respect the predominant height of buildings within the area. (Drawing 1 Not includin stories below grade buildings shall be between two (2) and five (5) stories. All the 10 building stories must be constructed and designed to support business and residential occu ancies as defined in Section 302 of the B fildina Code of the State of New York. ..:. Ni pt Appropriate g s Not Arq)ropriate Drawing #1 (b) The floor -to -floor height of the ground -floor story shall be [approximately] between 15 to 18 feet tall or approximately 50% greater than the upper story floor -to -floor height(s). (c) New storefronts shall respect the predominant width of storefronts [in the Elmwood Village] which tends to be not more than 25 feet, Where a new storefront is [intended] to be wider than [this] 25 feet it [should] shall incorporate architectural elements, such as bays, columns and divided windows, that allow it to appear to be several smaller storefronts and thus allow it to be subdivided into smaller storefronts in the future. d) A siniale-business outlet is allowed to have a maximum floor buildin . 11 (e) New commercial buildings shall be designed for mixed use with any combination of retail, office, and residential. Buildings currently designed for a mix of uses must maintain a mix of uses. Parcels with buildings dedicated solel to residential use, which are not adjacent to existin commercial buildin s are not re aired to be mixed use. Drawing #3 (2) General design. Architectural designs and details that respect the character of the Elmwood Village shall be incorporated to encourage building design diversity, break up the mass of larger buildings [and create a strong pedestrian orientation]. (a) There shall be traditional organizational composition, including a strongly articulated lower facade, an identifiable upper facade and a decorative cornice capping the building [is encouraged] (Drawing 42). (b) Buildings shall create visual separation between the lower facade and the upper facade, [as this creates a strong orientation toward the pedestrian]. Some design elements that are particularly successful in creating this separation include utilizing canopies (Drawings #4, note 8), varying textures (Drawings #4, note 9), varying window patterns (Drawings #4, note 10), and incorporating sign friezes or storefront cornices (Drawings #4, note 11). [Signage extending above the first story of a building is discouraged for ground floor uses that do not extend to upper floors (Drawings #4, note 12)] . Drawing # 12 (c) Include design elements, such as window bays, columns, awnings, changes in material or texture, and window and entrance design and placement, in a way that serves to break up the massing of the building. (d) Details on existing buildings, such as transoms, decorative cornices, pilasters, columns or belt _courses are encouraged and should not be covered up or removed from existing buildings. [(e) Exterior materials shall be durable and of high quality. On facades that are easily visible from the street(s), synthetic materials that mimic natural materials (such as vinyl siding, Dryvit(M or concrete block) may be not be used.] (c) On building exteriors that are visible from a street, the following materials shall not be used: 1. V_inyl siding; 2. Aluminum sidin 3. Any style of concrete block, and 4. Exterior Insulation and Finish Systems (E.I.F.S.) except on up to twent ercent 20% above the first story on each facade. (f) Buildings [built on] at corners, or on lots where the size or setback of adjacent buildings makes more than one side visible from the public right- of-way, must treat each visible side as a primary facade and incorporate the [appropriate] details, materials and fenestration.. required in this section. (g) Roof design shall be fumetional and consistent in scale and architectural style [character] with [the] buildings [and the community. In] in the Elmwood Village, [roofs] which are generally either front gable steeply pitched or flat /slightly pitched surrounded by a parapet (Drawings #5, note 13). Roofs [should] shall not make up more than 25% of the visible facade area of the building (Drawings #5, note 14), except where the portion of the roof on the facade is considered useable space, as with a mansard -style roof. The cornice and/or parapet is an area where architectural detail and materials are important, as they can add distinctiveness and visual emphasis to a building, but they should be designed to be consistent with the body of the design in scale and detail. 13 _J E w £ f d Drawing ##5 14 . [(h) Mechanical equipment should be located on the rear of buildings or on the roof and be properly screened (e.g., with a parapet).] (3) Entrances. Entrances shall be well articulated and oriented toward the primary street. (a) Architectural detail shall be incorporated into the ground floor facade in order to create an easily identifiable and welcoming entrance. This is typically accomplished through; recessed entries placed between two display windows (Drawing #6, note 15); decorative or distinctive entryway paving (Drawing #6, note 16); bulkheads of contrasting materials (Drawing #6, note 17) [— note that bulkheads should shall be not less than 18 inches and not extend higher than 30 inches from the ground plane]; and/or perpendicular signage or awnings placed directly over the entrance (Drawing 6, note 18). [ o IT 41. W. Drawing ##6 (b) Major entrances [should] shall be oriented toward the primary street. [Under no circumstances should a building's primary entrance be located through a parking lot (Drawing #7)]. Buildings, such as the one shown in Drawing #7 with a primary entrance through the building parking lot shall hot be permitted, 14 Drawing #7 (4) Fenestration.[ Window design should respect the window patterns (including size, proportion, spacing and rhythm) of the street. First -floor window and display design should create a feeling of transparency on the ground floor of the building. This contributes to a sense of safety and is welcoming to pedestrians. (a) The viewing zone of the first -floor facade (from two to eight feet above the ground plane) should be made up of approximately 75% transparent glass. Signs painted on windows and temporary window signs are encouraged, so long as they do not obstruct more than 30% of the view from the sidewalk to the interior. This amount of transparent, unobstructed glass is necessary on first -floor facades in order to provide a safe and welcoming sidewalk environment. Where a new building is to be located on a corner, each side visible from a street would be considered a primary storefront facade and incorporate these fenestration patterns, unless doing so should be unduly obtrusive into a primarily residential street (Drawing #8).} a) At least seventy percent (70 %) of the viewing zone (from two to ciaht feet above the ground plane) of the first floor Bade shall be transparent glass with a Visual Light Transmittance of sixty percent (60% ) or greater. Where a new building is constructed on a corner, each side visible from a street would be considered a primmy storefront fa ade and inco orate these fenestration patterns, unless doin so should be unduly obtrusive into a primarily residential street. (Drawing 8) 15 w Drawing #7 (4) Fenestration.[ Window design should respect the window patterns (including size, proportion, spacing and rhythm) of the street. First -floor window and display design should create a feeling of transparency on the ground floor of the building. This contributes to a sense of safety and is welcoming to pedestrians. (a) The viewing zone of the first -floor facade (from two to eight feet above the ground plane) should be made up of approximately 75% transparent glass. Signs painted on windows and temporary window signs are encouraged, so long as they do not obstruct more than 30% of the view from the sidewalk to the interior. This amount of transparent, unobstructed glass is necessary on first -floor facades in order to provide a safe and welcoming sidewalk environment. Where a new building is to be located on a corner, each side visible from a street would be considered a primary storefront facade and incorporate these fenestration patterns, unless doing so should be unduly obtrusive into a primarily residential street (Drawing #8).} a) At least seventy percent (70 %) of the viewing zone (from two to ciaht feet above the ground plane) of the first floor Bade shall be transparent glass with a Visual Light Transmittance of sixty percent (60% ) or greater. Where a new building is constructed on a corner, each side visible from a street would be considered a primmy storefront fa ade and inco orate these fenestration patterns, unless doin so should be unduly obtrusive into a primarily residential street. (Drawing 8) 15 Drawing #8 (b) [Sill] Bulkhead heights [for window displays should] shall be a minimum of 18 inches and not exceed 30 inches above the ground 1p ane Window displays are encouraged, but visibility into the building from the sidewalk [should] shall be maintained (Drawing #R). Drawing #9 (c) Display windows [should] shall [generally] be [designated] desi ng_ed as large, full -glass openings. Smaller panes or ornamentations on storefront windows [should generally] shall be reserved for clerestories or sidelight areas so as not to present a residential or Fake historic character. (d) Lipper stories [should] shall incorporate window patterns and designs that are compatible with and complementary to existing Upper -story window patterns on the block. (e) Existing windows, transoms or sidelights are important scale and character elements and [should] shall only be covered up or changed in size in an effort to restore the original appearance of the building. Transparent glazing should be retained and not replaced with translucent glass or any opaque material. (f) Security devices such as coiling shutters and accordion gates are [discouraged] not allowed on front facades. [Alternative security devices such as lighting, alarms and interior barriers are generally more effective in deterring crime and less likely to create an oppressive or unsafe feeling on the sidewalk.] 16 (5) Signage and awnings. [Signage and awnings should be pedestrian- oriented in size, placement, material and color.] To the extent that there is a conflict between 511 -56. F 2 and this section in the Elmwood Village Design Standards District this section shall control. (a) For a single business or service there shall be no more than two (2) signs totaling no more than 35 square feet on each side of a buildin a adjacent to a street that identify a ermitted use on the remises. (b) Signs, except for allowed temporary signs and accessory signs, may only identify the name of the permitted use on the premises. (c) Perpendicular signs are allowed [placed about eight to] between 8 (eight and [12] 15 (fifteen) feet above the ground plane, extending no more than five feet from the building face, and with a total area of no more than 16 square feet [are strongly encouraged.] No more than one [horizontal] perpendicular sign per establishment shall be [permitted] allowed except in those instances where an establishment has more than one customer entrance or faces onto more than one public right-of-way. (d) Wall signs attached flush to the building facade are [also encouraged] allowed so long as they do not extend above the roofline and [do not obscure 1 are placed in a location that minimizes any impact on architectural details or features, including windows, transoms and clerestories. On existing buildings, there will often be a fascia signboard spot above the firsts floor windows and entryway where wall signs can be attached (Drawing #1`1 3 'n6te . 23). 17 Drawing 410 Drawing #11 (e) Signs for ground -floor establishments shall not extend above the ground - floor facade, unless the establishment itself extends to the upper stories. Q) Freestanding [pole} signs 4wi,44 are not [be used under any eircumstancesi. allowed [Freestanding signs may be permissible in circumstances] except where a commercial use is being developed in a building that has already been developed with a substantial setback from the property line (such as offices being developed in former residential spaces). Under these circumstances, freestanding signs [should] shall not project past the property line, obscure the building, be more than five feet in total height or have a total area exceeding 16 square feet, nor should these signs extend all the way to the ground_ [allowing someone to conceal themselves behind them.] These signs [should] shall be set back at least two feet from the public right-of-way. (g) Under no circumstances [should] may signs or awnings be attached to a building in such a way that obscures or damages significant architectural elements of the building. Signs shall not be attached to or throe h E.LF.S. (h) Awnings that are functional for shade and shelter purposes are encouraged. These awnings [should] shall be trade of canvas or a canvas- like material, [should] shall fit the shape and scale of the window or door they are sheltering, and [should] shall be designed to be. compatible with and complementary to building signage and design. [Awnings should not be considered signs, and lettering or signage should not be located on any portion -of an awning including the valance.] 18 (i) Under no circumstances .[should] !pay plastic - formed or vacuum-formed awnings, or any other style of awning whose primary purpose is to act as signage, be permitted. (j) Under no circumstances may awnings or signs be backlit or internally lit regardless of the li ht source, except for halo signs [Instead, lighting should typically come from direct shielded light sources] Instead illumination shall be from direct shielded li ht _ fixtures and be carefully integrated into the overall design of the building so as to provide visibility and safety but to avoid creating glare or light distribution that adversely affects motorists, pedestrians or neighboring properties. (k) [Neon signs] Signs and accents made with exposed neon tubing [and accents are part of the character of the Elmwood District and are generally encouraged] allowed so long as they are carefully designed with shapes and colors that complement the architecture of the building and the district. [Temporary} Accessory neon [advertising] signs shall be limited to no more than two individual signs per storefront. 1 Each tom orar sin shall be allowed for only thirty 3{} da s and not be reinstalled for ninet 90 days. m Total area of all signs and posters on windows ma not obstruct more than 25% (twenty-five percent) of the view from the sidewalk: to the interior. n Electronic message board signs shall not be allowed. Lo) TeInporary signs that identify or advertise the sale lease or rental of a articular structure or land area are allowed and limited to: wall window and round si ns 1 sin er facade not more than 5 square feet in area er facade more than b feet above rade• no illumination; and no animation. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in with line through the text is to be deleted. TO TH I E COMMITTEE LEGISLATION. ON 19 O.009 RESOLUTION Sponsors: Mssrs. LoCurto, Golombek, Pridgen, Rivera Co- Sponsors: Mrs. Russell; Mssrs. Fontana, Franczyk, Kearns, Smith Re: Permission to Hang Pride Flags on Elmwood Avenue in Celebration of Annual Pride Festival WHEREAS: The City of Buffalo is home to many diverse communities, including members of the lesbian, gay, bisexual, and transgender ( "LGBT ") community, and WHEREAS: The Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not- for - profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and WHEREAS, Each June Western New York and the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities; and WHEREAS, In 2011, for the second year in a row, PCWNY is organizing Buffalo's Annual Pride Festival and Parade; and WHEREAS, Each year this celebration is marked by the installation traditional rainbow pride flags along Elmwood Avenue; and WHEREAS, PCWNY is familiar with the banner requirements and will purchase the necessary bond before the flags are installed; NOW, THERFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of Western New York to hang flags on light poles along Elmwood Avenue between North Street and Bidwell Parkway from June 1" 2011 through June 30' 1 ' 2011; and NOW, THEREFORE, BE IT FINALLY RESOLVED: That the flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found ill City Charter and Co Ac §3 87 -1�, or other pertirrent sections thereof, Mi chael J. Loq in , elaware District Darius G. Pridaeri. Ell i tt District Bo "ic E. Russell,.University District W 'DeFnone A. c illmore District Mastery District ADOP JosepGolr►rrbek , i' , Igor tl� r tr ict David —A_ Rivera, Niaga DDistr ict - s Ric pard A. Fontana, Lovejoy District Michael P. Kearns, South District L 4-1 000 0 1 1 By: Mr. Pridgen City of Buffalo Local Law No. (2011) Introductory No. _ (2011) A LOCAL LAW amending Section 3-6 of the Charter of the City of Buffalo in relation to the Common Council BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: ARTICLE 3: Common Council. (§ 3 -1— § 3 -27) § 3-6 Vacancies in the Common Council. A. In the case of a vacancy in the office of district council member, otherwise than by expiration of the tem, the remaining members of the council shall appoint a qualified resident of the same political party and district as the council member whose place is vacant to fill such vacancy until the first day of January following the next general election at which a district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall tape office on the first day of January following such general election. B. Prior to an appointment, the Common Council shall direct the City Clerk to advertise the vacancy for a minimum of five (5) days on the City's Web -site and Public Access Media outlets, and obtain frorn any qualified resident seeking consideration for appointment, a current resume, a letter requesting appointment to the vacancy. C. In the event of a vmcatc the remainin members of floe Camxnnon Council shall a Dint a ualified elector as rescribed in section 3�6 A herein to fill such vacanc for the time eriod rescribed ire section 3m6 A herein within six 60 da s of the office becomina vacant. D. In the event that the remaini members of the Common Council have not a ointed a ualified elector to fill such vacanc within six da s as rescribed in section 3 - 6( C) hereim the ma or shall appoint a ualified elector to fill said vacanc within t ' 30. days following the pXjg iration of the sip b0 da eriod rescribed in Section 3-6(Q. . E. In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her term, the remaining members of the common council shall appoint one of their members to fill such vacancy - until the next organizational meeting. Sec 2; Insofar as the of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect only after it is duly ratified by the City and approved by a simple majority of the - voters of the City of Buffalo at the next general elution. Section 4: This local lave is subject to mandatory referendum because the subject matter is enumerated in §23 of the Municipal Home Rule Law as a category requiring mandatory referendum. APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. AYE * NO � FONTANA FRANCZYK GOL®E K EA RNS X gg .G.lU CURTO �t PRIDGEN RIVERA 4TC TIC YC RUSSELL 4C SN TH ��j� Maj 6 5 2/3- 5 3/4- 7 k s� 0009 5 �T4,1•7klrr *TIi By: Darius G. Pridgen Re: 54 Annual Allentown Art Festival Whereas: The Allentown Village Society, Inc. has requested permission to conduct the 54 Annual Allentown Art Festival on the weekend of June 11 and 12 2011; and Whereas: The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year, the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Village Society to hold the 54'" Annual Allentown Art Festival; Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo grants to the Allentown Village Society, Inc., permission to conduct the 54 Annual Allentown Art Festival subject to the terms and conditions established by the Special Events Advisory Committee. Be It Further Resolved: Date and Time of Event: The event shall take place the weekend of June 11 and 12 2011, .between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 8:00 AM until 8:00 PM. Be It Further Resolved: Event Area: The event shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the East; and Be It Further Resolved: Event Participants: The following terms and conditions shall apply to the event area: 1.) Art and Craft Exhibitors: Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Alien Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Elmwood Street between Elmwood Avenue and Delaware Avenue (south side only). 2.) AgR[2Mai Process: Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo "art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3.) Food Concessionaries and Vendors: Only food concessionaries and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaries and vendors will not be permitted to operate outside of the event area. 4.) Promotional Items: The Allentown Village Society, Inc. at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and Commissioner of Fire or his designee shall locate such vendors. 5.) Compliance with Existine Laws: Not Withstanding the above. Participants, concessionaries, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & code of the city of Buffalo. Be It Finally Resolved: 1.) Remote Broadcasts: Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcast or telecasts will be permitted by the Allentown Village Society, Inc. and is strictly prohibited. 2.) Vendor and Exhibitor Identification: The Allentown Village Society, Inc. shall provide all participants with suitable indentification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants - within the event area using the everif Wv ether on' streets or - dutdnors on adjacent private property, including, but not limited to, exhibitors, concessionaries, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited with the festival area. 3.) Inflatable Devices: All Temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. 4.) Banners: In celebration of the 54 Anniversary of the Allentown Art Festival, permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and Tupper Street. The banners must comply with conditions set by the Department of Public Works, Darks and Streets. t f� Darius G. Pridgen Ellicott District Council Member 0 0 RESOLUTION Sponsor: Darius G. Pridgen Re: Proposed entertainment area for adults 21 and up. WHEREAS: During a meeting with Ellicott District Business owners on May 16, 2011, it was discussed that a special entertainment area be established wherein individuals aged 21 and up would only be allowed to enter drinking establishments after a certain Dour; NOW, THEREFORE, BE IT RESOLVED: That the Buffalo Common Council will explore the request to establish a proposed special entertainment area. REFERRED TO THE COMMITTEE *N LEGISLATION. 1,e f BY: Ms, RUSSELL: BUDGET AND PERSONNEL AMENDMENT 55 — COMMUNITY SERVICES 1307 — SUBSTANCE ABUSE 1413 YOUTH BUREAU, 1560-EMPLOYMENT & TRAINING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 3 5 of the Code of the City of Buffalo, relating to 55 — Community Services, 1307 -- Substance Abuse, and 1413 — Youth Bureau which currently reads: 1307 — SUBSTANCE ABUSE 3 Senior Counselor $ 40,912 a $ 46,802 1413 — YOUTH BUREAU Assistant Coordinator of Youth Programs $ 34,204 - $ 38,151 Is hereby amended to read: Senior Counselor $ 40,912 - $ 46,802 1560 EMPLOYMENT & TRAINING Manpower Program Coordinator $ 37,967 - $ 42,921 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the abode- 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 OTIS T. BARKER,ACTING COMMISSIONER OF COMMUNITY SERVICES 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. OTIS T. BARKER RZEFERRED TO THE COMMITTEE ON CIVIL S ERVIM ACTING COMMISSIONER OF COMMUNITY SERVICES DO A J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE G � Corporation Comisel 04/12/2011 1307 — SUBSTANCE ABUSE 9 0( By: Mrs. Russell Re: Ordinance Amendment Chapter 264, Rental Dwelling Unit Registration. The Common Council of the City of Buffalo sloes hereby ordain as Follows: That Chapter 264 of the Code of the City of Buffalo be amended to read as follows: Chapter 264, RENTAL DWELLING UNIT REGISTRATION [I-IISTORY: Adopted by the Common Council of the City of Buffalo 9 -8 -1998, effective 9 -25 -1998; amended in its entirety 7 -6 -2004, effective 7-16 -2004. Subsequent amendments noted where applicable.] GENERAL, REFERENCES Certificates of occupancy -- See Ch. 129. Housing standards -- See Ch. 242. Property maintenance -- See Ch. 341. § 264 -1. Legislative findings and intent. The Common Council of the City of Buffalo hereby finds and declares that the rental of dwelling units constitutes a business which impacts upon the public health, safety and general welfare of the people of the City of Buffalo. The intent of this chapter is to regulate the offering for rental of dwelling units to protect the public health, safety and general welfare of the people of the City of Buffalo and to further achieve the following beneficial purposes: A. The protection of the character and stability of residential areas; B. The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well- being of persons occupying dwellings; C. The enforcement of minimum standards for heating, plumbing and other sanitary equipment necessary for health and safety; D. The enforcement of minimum standards for light and ventilation necessary for health and safety; E. The enforcement of minimum standards for the maintenance of existing residential buildings and the prevention of slum and blight conditions; F. The preservation of the value of land and buildings throughout the City. § 264 -2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: 1 Xw COMMISSIONER OF PERMIT AND INSPECTION SERVICES or COMMISSIONER -- The Commissioner of Permit and Inspection Services or his designee. DWELLING UNIT -- A single residential accommodation which is arranged., designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings. HOUSING CODE -- All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards. OWNER -- The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent. § 264 -3. Rental dwelling unit registration required; exemptions. A. Registration required. No person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner has first obtained a rental dwelling unit registration certificate as hereafter provided. B. Exemptions. The provisions of this chapter shall not apply to owner - occupied properties containing two or fewer dwelling units; hotels; motels; bed-and-breakfast establishments; rooming or boarding houses; hospitals; nursing Domes, or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. The provisions of this chapter shall not apply to buildings having an existing and valid certificate of occupancy. [Amended 1 -11 -2005, effective 1 -24 -2005] § 264-4. Application for registration. A. Within 60 days after the effective date of this chapter, the owner of each dwelling unit existing on the effective elate of this chapter shall make written application to the Commissioner of Permit and Inspection Services for a rental dwelling unit registration certificate. In addition, the owner of each dwelling unit constructed after the effective date of this chapter shall make written application to the building official for a rental dwelling unit registration certificate as herein provided prior to any initial occupancy. Such application shall be made on a form furnished by the Commissioner and shall set forth the following information, in addition to other information required by the Commissioner from time to time which may be necessary to administer, enforce, and insure compliance with the provisions of this chapter and the housing code. (1) Name, principal residence address, principal business address and telephone number of the owner. (2) If the owner is an association, limited liability partnership, joint tenancy, tenancy in common or tenancy by the entirety, them each and every owner or general partner shall be indicated on the application and register an address in accordance with Subsection A(1) of this section. (3) If the owner is a corporation, the principal place of business of the corporation must be provided and the name, title and residence address of all officers, directors, managing or general agents must be 2 i (4) If the owner has designated an agent or managing company, then the name, principal residence address, principal business address and telephone number of such agent or managing company trust be included in addition to that of the owner. (5) It shall be the responsibility of the owner to properly register any change of address, agent or any other information which occurs after the filing of the application. (6) For purposes of this section, a post office box shall not be accepted as the owner's address. Further, the building intended to be licensed shall not be accepted as the owner's address unless it is the principal place of business or residence of the owner. (7) The owner shall specify the address to which all notices of violation issued pursuant to § 264 -15 of this chapter, and other violations of the housing codes, and invoices for fees are to be forwarded. (S) If the owner does not reside within the County of Erie (New York Mate), the name address and telephone number of a contactlagent who resides in the County of Eric (New York) must be provided. B. Failure to provide such information shall be grounds to deny a rental dwelling unit registration certificate. C. Any individual required to provide a "princi residence address" or "residence address" as those terms are utilized in 264 -4 A herein shall attach proof of at the listed residence address by attachin of a copy of: A a valid State Driver's License or State Identification Card indicating the address . rovided as the residence address of the individual or M a copy of the individual's most recent p ersonal Federal Income Tax Return indicatigg the same residence address as that listed on the application materials. No other forms of proof of sidency shall be deemed sufficient for an application to be considered cormnlete. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ki 0011 BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 201.2, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo ® Celia Quintana TOTAL. 1 r:1r.7r� 6 \! 3'A112I ►t 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: Michael P. Etu ® Matthew Etu Kenneth Phillips ® Maritza L. Ra mirez 0 Jennifer Hibit TOTAL 5 W 0191 0010 as ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13` floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil. Service Committee on Comm. Dev Committee on Legislation Special Committees Committee on Education Public Heari Redistricting Plan Tuesday, May 24, 2011 at 9:45 o'clock A.M. Tuesday, May 24, 2011 at 10:00 o'clock A.M. Tuesday, May 24, 2011 at 12:30 o'clock P.M. Tuesday, May 24, 2011 at 2:00 o'clock P.M. Wednesday, May 18, 2011 at 11:00 o'clock A.M. Thursday, May 19, 2011 at 5:30 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the - respective Chairmen of Council Committees. In the event that there is sufficient time givenfor notification it will be rovided. In addition there ma be meetings set a whereby the Cit y Clerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. No. 13a Adjournment .ter: On a motion by Mr. Fontana, Seconded by Mr, , the Council adjourned at GERALD A. CHWALINSKI CITY CLERK. May 17, 2011 Board of Police and Fire Pension Proceedings #5 Office of the Mayor -201 City Mali May 19, 2011 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Wilmer Olivencia, Deputy City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 Y transmit herewith the Pension Payroll for the Fire Pension Fund for the month of May, 2011 amounting to $935.00 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 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of May, 2011 amounting to $2,815.00 and request that a check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -0 does -0. No. 3 The Following Annuitant was cancelled from the Fire Pension Fund Payroll' Mary Jason Died April 23, 2011 Received and Filed. No. 4 The Following Annuitant was cancelled from the Fire Pension Fund Payroll Marie Czaja Died April 26, 2011 Received and Filed. No. 5 On motion by Mr. Wilmer Olivencia, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.