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09-1027 (2)
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, October 127, 2009 AT 2:00 P.M. Present _. David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on October 13, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------ ] [MAJ- 5 [ 213 - 5 ] [314- 7] *A�* NO * * * * * * * * * * * * r * * * * * * * * * * g * * * 0 * Oct 27, 2009 FROM THE MAYOR Oct 2'7, 2009 ®000:1 # 2 (Rev. 1193) ONE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: October 22, 2009 FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: TEXT: Office of the Mayor Management Agreement for RAPP Lot Located at 16 Virgil Avenue I hereby submit to you a proposed management agreement with the North Buffalo Business Development Association, Inc. a not - far - profit corporation (NBBDA) for the maintenance of a Residential Area Parking Program (RAPP) Lot located at 16 Virgil Avenue. NBBDA is a group of business and professional persons in the Hertel -North Park area of the City that, in part, maintains the streetscape for the benefit of the public at large. To assist NBBDA with its contributions to the streetscape in the Hertel -North Park area, the City desires to permit NBBDA to use a portion of the City -owned parking lot at 16 Virgil Avenue to store equipment. Storage at the property is limited to equipment related to streetscape maintenance. In return for the use of the back portion of the Virgil parking lot, NBBDA will assume responsibility for maintaining the entire parking lot, indemnify the City of Buffalo against actions arising out of the failure of NBBDA to property maintain the lot, and obtain insurance further protecting the City against claims of personal injury and property damage. The City of Buffalo retains the ability to cancel the management agreement on 60 days notice without cause and 7 days notice with cause. The City of Buffalo Board of Parking reviewed the management agreement with NBBDA and determined that the use of the back portion of the parking lot by NBBDA will not interfere with the public's use of the parking lot. The Parking Board recommended that this Honorable Body approve the agreement. Permission is hereby requested for the City of Buffalo to enter into the management agreement with NBBDA. DEPARTMENT HEAD NAME TITLE SIGNATURE OF DEPARTMENT HEAD Byron W. Brown Mayor j, �f MANAGEMENT AGREEMENT For 16 Virgil Avenue This Agreement made this day of , 2009 by and between the City of Buffalo, a domestic municipal corporation, with its principal place of business at City Hall, 65 Niagara Square, Buffalo, New York (hereinafter "City ") and North Buffalo Business Development Association, Inc., a not - for - profit corporation organized under the Laws of New York, with an address of P.O. Box 3, Buffalo, New York 14207 (hereinafter "CORPORATION ") WHEREAS, the City of Buffalo recognizes the contributions of the CORPORATION, a group of business and professional persons in the Hertel- North Park area of the City, maintaining the streetscape for the benefit of the public at large; and WHEREAS, to assist the CORPORATION with its contributions to the streetscape in the Hertel - North Park area, the City desires to permit the CORPORATION to use a portion of the City - owned parking lot at 16 Virgil Avenue to store equipment; and WHEREAS; the City of Buffalo Common Council finds that the use of the back portion of the parking lot identified below will not interfere with the public benefits from the parking lot; and WHEREAS; in return for the use of a portion of the Virgil parking lot, the CORPORATION will maintain the entire parking lot; NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR ($1.00) by each of the parties to the other in hand paid, the receipt of which is hereby acknowledged, and in consideration of the terms and conditions herein contained, the parties hereto agree as follows: FIRST: That 16 Virgil Avenue shall be operated, maintained, and supervised by the CORPORATION for a five -year term commencing on the date this Agreement is fully executed or until either party, by sixty (60) days prior notice in writing to other, shall terminate this Agreement, or unless this Agreement shall be sooner terminated by the City in accordance with other provisions herein. SECOND: The CORPORATION agrees to commence the operation of the lot upon execution of this Agreement. THIRD: With the exception of an area twenty -one feet (21') in depth as measured from the rear lot line of the parcel and forty -three feet (43') in width, the CORPORATION shall operate 16 Virgil as a free public parking lot seven (7) days a week, twenty -four (24) hours a day. In the rear portion of the lot, the CORPORATION shall be permitted to maintain a garage already located on the site for the storage of equipment related to streetscape maintenance. No structures or permanent fixtures can be erected on the premises without the prior approval of the City of Buffalo Board of Parking and full compliance with the law and ordinances of the City of Buffalo. , FOURTH: The CORPORATION shall, at its own cost and expense, cause the parking areas, drives, driveways, exit lanes, and sidewalks in from the 16 Virgil to be promptly cleaned of snow whenever a snowfall prevents the normal use of the premises. The CORPORATION further agrees to use all reasonable precautions to prevent the unsightly accumulation of snow, waste, debris and other materials, and shall keep the premises in a reasonably clean and orderly manner at its own expense. The CORPORATION shall supervise the premises daily to insure compliance with the foregoing requirements. The City shall perform or supply all necessary capital repairs and replacements. FIFTH: The City shall have access at all times to the premises to inspect the same as to maintenance and operation. SIXTH: Failure of the CORPORATION to comply with the terms of this Agreement after seven (7) days notice in writing to it of such violation shall, at the option of the City, permit the City to cancel this Agreement immediately. SEVENTH: CORPORATION, from and after the date of the Commencement Date of this Agreement, agrees to defend and indemnify the City against any and all liability, loss, damage, suit, charge, attorney's fees and expenses of whatever kind or nature which the City may directly or indirectly incur, or be required to pay by reason or in consequence of the intentionally wrongful or negligent act or omission of CORPORATION, its agents, employees or contractors, or arising out of the execution of this lease. The foregoing includes, but is not limited to, claims, suits or causes of action brought for damages or alleged damages, resulting from any injury to a person and /or property or loss of life sustained in or about the Premises and improvements thereon, or upon the sidewalks, steps, railings and approaches appurtenant thereto by any person or persons whatsoever, during the term of this Agreement and any renewal term thereof. If a claim or action is made or brought against the City for which CORPORATION may be responsible hereunder, CORPORATION shall be notified and, upon the written request of the City law Department, CORPORATION shall handle the defense of such matter. EIGHTH: CORPORATION shall maintain general liability insurance throughout the term hereof, with the City named as a named insured or loss payee in an amount sufficient to protect both the City and Tenant against any claims, liabilities, losses or suits. Such insurance shall be in amounts not less than the following: Bodily Injury and Property Damages -- $500,000/$1,000,000. Each such policy of insurance shall be written by one or more insurance companies licensed to do business in the State of New York, shall name City as an additional insured and as the certificate holder thereof, with express waivers of subrogation against City, and shall not be cancelable or amendable for any cause without first giving City thirty (30) days prior written notice. NINTH: All notices under this Agreement shall be sent to the City of Buffalo, 65 Niagara Square, Buffalo, New York 14202, ATTN: Board of Parking, and to NBBDA at P.O. Box 3, Buffalo, New York 14207. IN WITNESS WHEREOF, the City of Buffalo has caused these presents to be executed by its Mayor, thereunto duly authorized, and the seal of the City to be hereunto affixed, and the Corporation has caused these presents to be executed by its President, thereunto duly authorized, and its corporate seal to be hereunto affixed THE CITY OF BUFFALO North Buffalo Business Development Association, Inc. Mayor Byron W. Brown Jeff Rinaldo President Dated: Dated: Approved to form ACKNOWLEDGMENTS STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO } On this day of , 2009, before me, the subscriber, personally appeared BYRON W. BROWN, to be known, who, being by me duly sworn, did depose and say that he resides in the City of Buffalo, New York; that he is the Mayor of the City of Buffalo, that he knows the seal of said City, that the seal affixed to said instrument is such corporate seal and that he duly acknowledged to me that he executed same. Notary Public /Commissioner of Deeds STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO 1 On this day of , 2009, before me, the subscriber, personally appeared to me known, who, being by me duly sworn, did depose and say that he resides in the , New York, that he is the President of the North Buffalo Business Development Association, Inc., the not- for - profit corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public /Commissioner of Deeds Mr. Fontana moved: That the above communication from the Mayor dated October 22, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a Management Agreement with the North Buffalo Business Development Association, Inc. for the maintenance of a Residential Area Parking Program Lot located at lb Virgil Avenue. Passed A TAB:rmv #:Iwp6O\iusw(wdl :rmv\Ac! 0- 27a.doc [3/4- 71 *AYE* NO DAMS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS LOCURTO * * * RIVERA * * * RUSSEU. * * * SMITH * * * * * -------- - - - - -] [ MAr - 51 * s a [2/3 - 6] [3/4- 71 FROM THE MAYOR - EXECUTIVE DEPARTMENT Oct 27, 2009 FROM THE CITY PLANNING BOARD OU 27, 2009 NEGATNE 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 KFC/Taco Bell Renovation ocation: 170 Abbott Road Type of Action: Unlisted- Uncoordinated Description, C &S Companies on behalf of KFC/ Taco Bell is proposing renovations to an existing restaurant on the property located at 170 Abbott Raad, Buffalo New York, The project will include the renovation of the existing building to house both KFC and Taco bell Restaurants. The building will be slightly enlarged to accommodate the changes. The exterior will be remodeled as well as interior improvements completed, The entire parking lot will be removed and reconstructed to insure proper drainage. The lot will be drained to existing catch basins and storm sewers. The sanitary laterals and water service to the building will be. reused. The dumpster will be relocated and fully enclosed with a board on board fence and new landscaping will be provided. The site sign will be replaced on the existing support/foundation and entrance and exit arrow signs will be replaced. An agreement was reached with the adjacent property owner, Amigone Funeral Home to enable the demolition of the existing garage at the northwest corner of their property and the construction of a new 20'x20' garage in the northeast corner of their property and to permit shared parking between businesses. The project will be funded privately and the cost is approximately $200,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will improve and update the appearance interior and exterior of an existing restaurant and continue to provide employment to community residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hail, Buffalo, New York 14202 — 716 851 -5085. Dated October 6. 2009 CC: City Clerk City of Buffalo, Economic Development, Permit & Inspection Services City of Buffalo Public Works, Parks & Streets Lowel Dewey, C &S Companies RECEIVE'D AND FILED 00003 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, 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 Curtiss Building, Renovation and Addition Location: 204- 210, 212 -216 Franklin Street Type of Action: Type I - Coordinated Description: Baja Beach Club, Inc. together with Buffalo Development Corporation is proposing the renovation and building addition to the property located at 204 -210, 212 -216 Franklin Street, Buffalo New York. The project will create a fifty seven (57) room "high end" boutique hotel at the corner of Franklin Street and Huron Streets in the Curtiss Building. The existing building was constructed in 1912 -1913 and is currently on the National Register of Historic Places after being placed on the State Register in early 2009. The demolition of the former Continental Night Club located next to the proposed project is also included as part of this project and has been reviewed and supported by the City of Buffalo Preservation Board. As per their Secretary, the Preservation Board was also informed of the work proposed for the Curtiss Building and is in support of the overall project. The scope of the project consists of renovating the ground floor of the existing building into a restaurant, lounge, salon and hotel lobby. The plan includes a spa and fitness center in the sub -grade levels and banquet facilities and meeting room on the second floor. There is also a proposed seventh floor addition recessed off the terracotta fagade that will house several larger suites. An addition to the man building will serve as a main entrance /drop off and kitchen to serve the restaurant and banquet facility. The fagade of the existing building will be restored in a manner that preserves its historic and architectural character. Missing or damaged terra cotta pieces will be replicated and replaced as per historic guidelines. The store front will be re- opened at street level with new clear low a glazing in aluminum storefront framing. The wood windows on the Huron and Franklin Street facades will be repaired, restored and re- glazed with a clear low a insulating glazing system. The color of the wood glazing will be determined in cohsultaion with the New York State Office of Parks, Recreation and Historic Preservation (SHPO). The fagade at the new addition will be precast alone with liner reveals to tie in the proportions of the existing building. All new glazing will be "Arctic Blue" to contrast the historic glazed openings. A bowed balcony protruding over the sidewalk will have an ornamental steel guardrail and will allow banquet guests to view city sights. The main access point will be from the valet loop at the new addition which will be a stamped concrete driveway. Planters will be placed an either side to identify the entrance. A water feature is proposed forthe area in the center of the driveway with iliuirinated hotel signage at the base of the feature, The project is predominantly privately funded; however the project has been awarded grants from the Empire State Development Corporation., and NYSERDA, In addition it anticipates taking advantage of the State and Federal Historic Tax Credit available for returning structures listed on the National Register of Historic places following the standards set forth by the United States Secretary of the Interior. The construction cost is approximately eighteen million 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 save a building important to the City of Buffalo as well as provide a unique hotel opportunity to the downtown area. A number of new jobs both construction, hotel and restaurant related will be made available. 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 October 6, 2009 r, i CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Buffalo Economic Renaissance Corporation NYS Energy Research & Development Authority Empire State Development Corporation City of Buffalo Common Council . NYS Office of Parks, Recreation and Historic Preservation Environmental Notice Bulletin Erie County Health Department Baja Beach Club /Buffalo Development Corporation r i 'J REGEVVE AND FILED 00004 SEORA 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. 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 White's Livery Apartments Location: 430 Jersey Street Type of Action: Unlisted - Coordinated Description: WS Properties I LLC is proposing the redevelopment of the White's Livery Stable Building and site located on the property at 430 Jersey Street Buffalo New York. A variance from the Zoning Board of Appeals has been approved by the City of Buffalo Zoning Board of Appeals to allow for twelve (12) parking spaces reduced from the required fourteen spaces (14). The 239M referral has been submitted and approved by the Erie County Department of Environment and Planning. The project consists of the acquisition and rehabilitation of a partially demolished vacant building into fourteen (14) apartments. The project will contain ten (10) one bedroom units and four (4) two bedroom units with twelve (12) enclosed parking spaces on the first floor. Nine (9) of the units will be made available to persons with incomes at or below fifty percent (60 %) of the area median income. Five (5) of the units will be made available to persons at or below eighty percent (80 %) of the areas median income. The unit's rental rates will be consistent with area rental rates. Built in 1889, the White's Livery Stable was on of the largest in the area. Years of deterioration to the walls and structure has forced most of the building to be demolished. The new project offers to reconstruct the building to close to its original state. The front fagade will be built to reflect its original arched windows and twin peaked roofs. The tower has been saved and will house the main vertical circulation (elevator and stairs). The remaining original elements will be blended into entirely new main structure that will be clad in a clapboard style siding. The building will be built following today's exacting building standards, including new fire protection and sprinkler systems throughout the building. The plan calls for a three story building with an elevator. All units will be handicapped adaptable and all com.mon space will be handicapped accessible. Each apartment will be equipped with a stove and refrigerator. Common laundry and tenant storage areas will be provided. Many green initiatives will be designed into the new building, including energy saving fixtures, appliances, and heating systems_ Building materials will meet new green standards such as low VOC primers and adhesives, certified floor coverings, and recycled materials. The use of Energy Star light fixtures, daylight sensors and timers will maximize energy efficiency. The site is close to retail shops, services, and schools. For residents without transportation, public transportation is near by. The sponsor will provide services to residents and will torn a tenants Association to provide residents with an opportunity to have input into the operations of the building as well as participate in recreational and for social activities subject to tenant guidelines. The not for profit sponsor is West Side Neighborhood Housing Services. Construction is scheduled to begin in the spring of 2010 and will be complete by January 2011. The project is funded with Community Preservation Corporation, City of Buffalo HOME Funds, and the New York State division of Housing and Community Renewal (Small Project Program funds) as well as private financing. The City of Buffalo has committed $989,986 of funds and is providing a fifteen- year PILOT. The projectwill benefit from $299,517 of HOME funds dedicated through the Project Sponsor, West Side Housing Services Inc. The project has applied for $1,750,000 Through the Small Project Program in a non competitive funding round. These funding sources will supplement the private financing and allow the redevelopment of the site. A number of community meetings discussing the project have taken place with the neighboring residents and others. 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 rebuild a building that has been vacant for sometime bringing a stable reuse to one of Buffalo's established neighborhoods. 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. h�� \�.9 ror wl information reiat+7c to `u`iis Negative Declarati N Rawrti Gfunzwei" CJGt1YS; IJC1[ilj�rQllVfl {� iifll�flRl'it l IVII. IYI[II llFl VyI UIILWtlIIJ. , L[i11U Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- 716 861 -5088 Dated October 6. 2009 CC: City Clerk City of Buffalo Public Works, Parks, Streets department City of Buffalo Economic Development, Permits and Inspections New York State Housing Trust Fund Corporation New York State Department of Environmental Conservation WS Properties I LLC .: E AND FIL ©®005 NEGATIVE DEC ARAT!ON 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 SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Self Serve Laundry Facility with Parking Improvements Location: 136 Lakeview Avenue Type of Action: Unlisted- Uncoordinated Description: Anthony Previte is proposing renovations to a former restaurant converting it into a self serve laundry on the property located at 136 Lakeview Avenue, Buffalo New York. The existing building will have all finishes removed down to the structural walls and roof. An all new interior will be constructed. All exterior windows and doors are to be replaced and the masonry walls repaired and repainted. A new roof installed and new fabric awnings installed. The proposed site work consists of re- grading the parking lot to allow for an accessible entry into the building with the use of a ramp. The existing parking lot entry/exit onto Porter Avenue will be relocated to the south -west end of the parking area. The re- graded area is to have a pre -cast concrete retaining wall installed on the property line and a new concrete sidewalk installed to replace the existing. A new catch basin is to be installed at the south —west end of the parking area and a new eight inch pipe connected to the existing catch basin located at the edge of the new paving. The entire parking area is to be repaved and re- striped. The total amount of parking spaces is fourteen. Two new automotive vacuums will be installed adjacent to the existing building and the creation of two new landscaped areas. Additional landscaping is to be installed in the right of way if approved. The project will be funded privately (First Niagara Bank as per owner) and the cost is approximately $100,000, 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 nut be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will give new life to a long abandoned building and provide a needed service to the 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 901 City Hall, Buffalo, New York 14202 T- 716 851 -5085. Dated October 6. 2009 CC: City Clerk City of Buffalo, Economic Development, Permit & Inspection. Services City of Buffalo Public Works, Parks :& Streets Anthony Previte FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE CO ON COUNCIL: 0 U U U 5 DATE: October 27, 2009 FROM : DEPARTMENT: Office of Strategic Planning DIVISION: SUBJECT: [: f: 90 Hopkins Investigation Contract Change Order 3 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. 289, C.C.P. 07/20/04) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the Investigation /remediation at the 90 Hopkins property. The SAC permits municipalities to he .reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has approved a revised work scope and budget for the City's consultant, Panamerican Environmental, Inc., on the 90 Hopkins project site. The changes include re- scoping the project after a two year delay to include: a detailed history search of the property (Phase I ESA); detailed study of Beneficial Use Determination (BUDs) for the lime material stockpiles and revising and updating the work plan to include an additional investigation of subsurface conditions beneath the lime piles. The original, contract, 92011109, amount is $75,113.95. Change Order 1 increased the budget by $5 bringing the total budget to $80;287.54. Change Order 2 increased the project budget by $13,933.22, bringing the total to $94,220.76. Change Order 3 will increase the project budget by $13,638.13 to $107,858.89. The Office of Strategic Planning intends to access the additional funds for the project from Account No. 31570006. I respectively request that your Honorable Body authorize an additional $13,638.13 for the 90 Hopkins investigation project as set forth above. TYPE DEPARTMENT HEAD NAME: Brian Reilly S TYPE TITLE: Commissioner, E Services Development Permit and Inspection SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Commissioner of Economic Development Permit and Inspection Services dated October 27, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3 to Panamerican Environmental, Inc., an increase in the amount of $13,683.13, as more fully described in the above communication, for work relating to 90 Hopkins Investigation/remediation. Funds for this project are available in Account No. 31570006. Passed TAB:rmv f ;1vvp60lrnsword\:nnv\4c 10- 27a.doe c [-------- - - - - -] [MAJ- S] [2/3 - 6 ] [314- 7] *AYE* NO DAVIS # FONTANA * * * FRANCZYK * * * GOLOMSEK * * * KEARNS LOCURTO RIVERA * * * RUSSELL * * * SMITH * �` * * * * * * 9 * p 00007 f � #2 (Rev. 1/93) Two Page Communication to the Common Council TO: THE COMMON COUNCIL: DATE: October 21, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 86 French , 84'1.42 E Fillmoe Lot Size: 30' x 137' Assessed Valuation: $1,100 ( Masten ) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Raymond Smith, 80 French Street, Buffalo, New York 14211 to purchase 86 French Street. Mr. Smith owns 84 French Street and resides at 86 French Street, 84 French Street is adjacent to 86 French. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committeee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area_ Sales range from Forty Cents ($.40) to Sixty -five Cents ($.65) per square foot. . Mr. Smith has agreed and is prepared to.pay One Thousand. Six Hundred. Dollars ($1,600) for the subject property, Forty Cents ($.40) per square foot. 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 86 French to Mr. Raymond Smith in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Office of Strategic Planning 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 :jd Repsale86french /re REFER CIE T TI-4r COMMITT JOHN P. HANNON DIRECTOR OF THE DIVISION OF REAL ESTATE 00005 #1 (Rev. 1/93) One rage Communication to the Common Council TO: THE COMMON COUNCIL: DATE: October 21, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 1606 Jefferson Ave, 93' S Northland Lot Size: 27'x 92' Assessed Valuation: $1,900.00 (Masten District) The Office of Strategic Planning, Division of Real Estate, has received a request from Phyllis N. Caver, 254 Brunswick Blvd., Buffalo NY 14208 to purchase 1606 Jefferson Ave. Ms. Caver owns 1610 and 1612 Jefferson, which are adjacent to 1606 Jefferson. She intends to use the vacant lot for business development in conjunction with a take out and catering restaurant at 1612 Jefferson. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Caver commissioned Todd J. Potter Sr. to estimate the Fair Market Value of the subject property. He estimated the Fair Market Value to be One Thousand Nine Hundred Dollars ($1,900.00). Similar lots in the subject area sell for between $. 47 to $1.00 per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Caver has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00 $3 5 per square foot, for the subject property She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1606 Jefferson to Ms. Phyllis N. Caver in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTO OF ESTATE, OSP i SIGNATURE OF DEPARTMENT HEAD: JPH:jjl REFFRRED T THE COMMITTEE ON C;jjV� DEVELOPMENT. ;,Yl 00009 #1 (Rev. 1193) One Page Communication to the Common Council ;i TO: THE COMMON COUNCIL: DATE: October 21, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 400 & 402 Monroe, 298.16'N Broadway Lot Size: 25'x 109' each Assessed Valuation: $1,300.00 each (Ellicott District) The Office of Strategic Planning, Division of Real Estate, has received a request from Susan M. Miler, 406 Monroe St. Buffalo NY 14212 to purchase 400 and 402 Monroe St. Ave. Ms. Miller owns 406 Monroe, which is adjacent to 400 & 402 Monroe. She intends to use the vacant lot for off street parking and yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Miller commissioned Pamela S. Breidenstein of Breidenstein Appraisals, Inc. to estimate the Fair Market Value of the subject property. She estimated the Fair Market Value to be Nine Hundred Dollars ($900.00) per parcel for a total of One Thousand Eight Hundred Dollars ($800.00). Similar lots in the subject area sell for between $. 30 to $.50 per square foot. The Division of Real Estate.has reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Miller has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800.00), $.33 per square foot, for the subject property She has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 400 and 402 Monroe to Ms. Susan M. Miller in the amount of One Thousand Eight Hundred Dollars ($1,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECT OF REAL EST TE, OSP SIGNATURE OF DEPARTMENT HEAD: JPH :jjl REFER! R.E. rO "SHE" COMMITTEE ON CO MUNI'l - Y bEVELOPMENT. 00010} #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL: DATE: October 21, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 110 Ruhland, 169.15' North of Sycamore Lot Size: 32' x 117' Assessed Valuation: $5,400 (Fillmore District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxxlxx TEXT: (TYPE SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate has received a request from Arthea Barker of 114 Ruhland Avenue, Buffalo, New York 14211 to purchase 110 Ruhland Avenue. Ms. Barker owns and resides at 114 Ruhalnd, which is adjacent to 110 Ruhland. She intends to use the vacant lot for extra yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspections Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. . The Division of Real Estate has investigated the sale of similar.lots in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60) per square foot. The results of our negotiations are that Mrs. Barker has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty -Five Cents ($_45) per square foot for the subject property. Mrs. Barker 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 110 Ruhland to Ms_ Arthea Barker in the amount of One Thousand Four Hundred Dollars ($1,400.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME. JOHN P. HANNON, JR. TYPE TITLE: DIRE - OR OF IREALEPTATE, OSP SIGNATURE OF DEPARTMENT HEAD: JPH: Clinrem /privatesale /el I oruhland repo rtotsale f ti Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 21, 2009, be received and filed; and That the offer from Aretha Barker, residing at 114 Ruhland Avenue, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 110 Ruhland Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. 9 TAB:nnv 0wp60\r nsword\rmv\9c 10- 27a.doc *AYE* NO * I------ -- - - - - -] [MAJ- 5 ] [2/3 - b] [3/4- 7] DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * g * p * * * #2 (Rev. ii93) Two rage Communication to the Common Councii TO: THE COMMON COUNCIL: DATE: October 21, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Results of Negotiations /Abandonment & Sale of a Portion of South Pierce, Easterly Side; Adjacent to 41 South Pierce 18' x 245' — Paper Street PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 5, C.C.P. 4128109 Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body previously authorized the abandonment and sale of the above mentioned property, pursuant to Item No. 5, C.C.P. 4128109 and adopted the Negative Declaration, Item No. 29, C.C.P. 4128/09. In accordance with Article 27 -5 of the City Charger, Sale by Appraisal, Daniel & Michelle Derenda commissioned R.W. Bronstein, Real Estate Appraiser, to estimate the Fair.Market Value of the 18.feet of South Pierce to be abandon.. The appraisal was forwarded to the City of Buffalo Appraisal Review Board for review and approval. The Appraisal Review Board has determined that the value of the subject parcel to be Two Thousand Eight Hundred Dollars ($2,800.00) or Sixty -Three Cents (.63) per square foot. Mr. & Mrs. Derenda have agreed and are prepared to pay Two Thousand Eight Hundred ($2,800.00) for the subject property, plus closing costs. The City of Buffalo will transfer title of a portion of South Pierce on a Quit Claim Deed. I am recommending that Your Honorable Body approve the abandonment and sale of a portion of South Pierce and transfer of title to Mr. & Mrs. Daniel Derenda in the amount of Two Thousand Eight Hundred Dollars ($2,800.00) in accordance with Article 27 -5 of the City Charter. The abandonment and sale is subject to the following conditions: 1. That the City of Buffalo retain at least ten (10) feet of the paper street to provide public access to the city owned land along the Buffalo River. 2. The parcel be sold subject to the permanent easements, restrictions and rights of way, if any 3. The official closing /abandonment of that portion of South Pierce will not become effective until the deed conveying the property is filed in the Erie County Clerk's Office. r D Page 2 Results of Negotiation /Abandonment & Sale Easterly Portion of South Pierce, 18'x 245' I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: C .,, ANNO/JR. , TYPE TITLE: DIRECTOR OF REAL ESTATE, OSP SIGNATURE OF DEPARTMENT HEAD: JPH :ck CICAPASS ET /cresultofnegspiercede re nda REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMPTROLLER Oct 27, 2009 0001.2 1 TO: THE COMMON COUNCIL DATE: October 10, 2009 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: "Indirect Cost Allocation Plan (exc 1" 4 res)" Item No. 115, C. C.P. 7/07/09 The Department of Audit and Control does not have a copy of the Indirect Cost Allocation Plan described in this resolution. It is our understanding that the Buffalo Urban Renewal Agency (BURA) hired Lumsden & Me Cormick LLP to prepare the plan. Members of my staff have met with representatives of BURA and the Administration who are in the process of updating the data to determine the current indirect cost allocation amounts. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: TITLE: SIGNATURE: Andrew A. SanFilippo Comptroller RE.FERRED TO THE GOAAMITTEE ON ° � AN,', ©0013 f . SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 15, 2009 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [:lnterfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. item No. xxx C.C.P. xxlxxlxx Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $2,000,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3180 - Restore NY Phase 2 GRANT TITLE: Buffalo - Restore 11 - East Side 2020 #W089 GRANT AGENCY: Empire State Development Corporation GRANT AMOUNT: $5,072,000.00 LOAN AMOUNT: Maximum of $2,000,000.00 Estimated Date of Repayment: June 30, 2010 Signature of epartment Head Requesting Interfund Cash Loan Bn Reill Cam s ner of Economic Dev, Permit & Inspection Services ): (� V 0 Jar1. t P s ids on f Urban Affairs SIGNATUR '� ' \ \\ DEPARTMENT HEAD TITLE: Comptro(er Andrew A. SanFilippo Mr. Fontana moved: That the above communication from the Comptroller dated October 15, 2009, be received and fled; and That the Comptroller be, and he hereby is authorized to male an interfund cash loan to be made in the maximum amount of $2,000,000 as needed, from the General Fund to 3180 — Restore NY Phase 2 for Buffalo --- Restore 11-- East Side 2020 #W089. The loan is payable at date of reimbursement. Passed 12 TAB:rmv t: tivp6alms,voraSn3»�1 d0- 27a.aoi� *AYE* NO * [-------- - - - -- [MAJ- 5) [2/3 - 6] [314- 71 DAVIS FONTANA FRANCZYK * * * GOLOMBEK KEARNS * * LOCURTO RIVERA RUSSELL ,SMITH * * * * 9 * p *. * * 00014 I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 22, 2009 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: j:Interfund Cash Loan I. PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $500,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3185 - Hickory Woods Infrastructure Improvements GRANT TITLE: Hickory Woods Streets Infrastructure improvements Ito #1990 GRANT AGENCY: Dormitory Authority of the State of New York GRANT AMOUNT: $500,000.00 LOAN AMOUNT: Maximum of $500,000.00 Estimated Date of Repayment: June 30, 2010 Signature of d Cash Loan Srevetf,j:' gtepoil/ of Public Works, Parks & Streets Janet Penska' dommissioner of-Admin., Finance, Policy & Urban Affairs SIGNATURE DEPARTMENT HEAD TITLE: Co ptrotler Andrew A. SanFilippo 1` Mr. Fontana moved: That the alcove communication from the Comptroller dated October 22, 2009, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan to be made in the maximum amount of $500,000 as needed, from the General Fund to the 3185 — Hickory Woods Streets Infrastructure Improvements for Hickory Woods Streets Infrastructure Improvements ID #1990. The loan is payable at date of reimbursement. Passed 13 TAB : rmv twpW6 nswor&nrtv113c10- 27a.doc [MAJ- 5] [ 2/3 - 6 ] [314- 7] *AYE* NO DAVIS * FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS * * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * * * * * * g * p * * * FROM THE PRESIDENT OF THE COUNCIL Oct 27, 2009 00015 AD University at Buffalo The State University of New York Department of Chemistry Professor Joseph A. Gardella, Jr Larkin Chair of Chemistry. October 22, 2049 Council President David 1~ranczykk Brendan Mehaffey City of Buffalo City Hall Buffalo, NY 14202 Dear Council President Franczyk and Mr. Mehaffey: V/wv�Ur��C'i r 'i I am writing to indicate nay interest in helping with the proposed soil environmental assessments at the "Wilson Street Farm ", a series of lots leased to Mark and Janice Stevens. In the lease agreement between the City and the Stevens, soil assessment was named as a requirement for moving the farm plans forward. Mr. and Mrs. Stevens contacted me about our work at Massachusetts Avenue Project some years ago, and between the Buffalo Environmental Management Commission and my own efforts at UB, I have met with the Stevens' four times, toured the site and worked with theta to prepare a proposed soil sampling plan to evaluate CPA priority pollutants across the site. Attached to this letter you will find a soil sampling procedure used in our work in the community, based on EPA standards for collecting samples. It is our proposal to accept a right of entry agreement and collect 8 -10 soil samples to screen for CPA priority pollutants, including heavy metals and Semivolatile Organic Compounds (aka SVOC's, including pesticide residues, PCBs, PAI-Is, etc.). Once collected under my direction, the samples will be analyzed by I.'estAinerica, (formerly known as Severn "Trent Laboratories, Buffalo) a local EPA and DEC certified environmental laboratory. I have provided a purchase order for the costs of testing from funds from my endowed Larkin Chair of Chemistry at UB. The purchase order has already been executed. We would propose to take samples on Saturday, October 31", beginning with a training session for experienced environmental engineering students and the Stevens family on collecting samples. I apologize that I am not available to come to Council in person for a presentation, but I am presently collecting environmental research results in China. I return on the 29"'. Sincerely, Joseph A. Gardella, Jr. Professor and Larkin Chair of Chemistry Xc: Mark and Janice Stevens 470 Natural Sciences Complex, Buffalo, NY 14260 -3000 Tel: (716) 645 -1499 Fax: (716) 645 -6963 email: gardella a@bURate edU l �j 1 1h Univers at Buffalo The State University of New York Department of Chemistry Professor Joseph A. Gardella, Jr Larkin Chair of Chemistry. Instructions for Soil Sampling 1- Sample bottles (brown, with aluminum foil seals), small shovels, gloves and dilute nitric acid washing solution will be provided. Samples will be stored in dry ice in coolers for transport to Test America site in Amherst. Key reminders for sampling teams. 2. Use gloves at all times. 3® Washlrinse shovel thoroughly between samples with dilute Nitric acid. 4. One member of team documents the sample site, describes soil color, identifies soil and clay components and makes written documentation of the time, and sample collection. 5.Take photograph of each site before sample. 470 Natural Sciences Cornplox, Buffalo, NY 14260 -3000 Tel (716) 645 -1499 Fax: (716) 645 -6963 email: gardella@buffalo edu 6.Clear away all grass /weeds /plants from soil to be sampled. 7. Dig down to 2 inches depth, fill soil into bottles. Avoid rocks, wood, twigs, etc. Remove rocks, wood, twigs if found when sampling. 8. Label sample site number on bottle: 9. Place in cooler. Homogenization of composite samples. 10. Equal portions of 10 samples will be weighed and mixed in a blender, following removal of rocks, twigs and plants. 11. Sample is blended and transferred as a composite sample into a labeled bottle. Prepared by Joseph A. Gardella, Jr. Professor and Larkin Chair of Chemistry 470 Natural sciences Complex, Buffalo, NY 14260 -3000 Tel: (716) 645 -1499 Fax: (716) 646 -6963 email: gardelfa@btiffalo.edu btiffalo.edu Mr_ Fontana moved: That the above communication from the Common Council President dated October 22, 2009, be received and filed; and That Professor Joseph A. Gardella, Jr. and his agents and assigns be granted right of entry onto the "Wilson Street Farm," on terms consistent with those contained in the Lease Agreement between Marls and Janice Stevens and the City of Buffalo. Passed 14 TAB:rmv tAwp6MYmwordl: rmv11.9e1 0- 27a.doc *AYE* NO * [- ----- - - - - -- [MAJ- s] [2/3 - 6 ] [3/4- 7] DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS LOCURTO * * RIVERA * * * RUSSELL * * * SMITH * * * * * * * 9 * p * * * FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION Oct 27, 2009 0001.x; SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 21, 2009 Assessment & Taxation tlF 6 r,, SUBJECT: [: Assessment Reform in [: City of Buffalo PRIOR COUNCIL REFERENCE: (IF .ANY) [: Item #, C.C.P. 10/13/09 Ex. (Item No. xxx, C.C.P. xx /xx /xx TEXT: tTYPE SINGLE ��AGE _�L ®1� The above noted item was referred to the Department of Assessment and Taxation for comment. At Mayor Brown's request, this office has already undertaken a review of our assessment neighborhoods in an effort to improve the boundaries and criteria referenced in drawing the boundary lines and hope to implement these changes for the 2011 roll which we will begin to work on in March 2010. Currently we are wrapping up work on the 2010 assessment roll which was started in April 2009 and must be in place by December 1, 2009. Establishing fair and equitable assessed values for taxing purposes is a very complicated and sensitive issue. This office is continually looking to improve the system to maintain its fairness and is more than willing to work with any group to explain the methodology, take suggestions for improvements and implement any changes allowable under the Deal Property Tax Law. I look forward to discussing this matter in depth with your Honorable Body during Committee meetings. RE FFAFRED TO `UHF C OMMIT T E E ON FWANCE'E, I� Martin F. Kennedy Commissioner, Assessment & Taxation 00017 � SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: [: October 21, 2009 FROM: DEPARTMENT: [: Assessment & Taxation SUBJECT: [: Board of Assessment Review [: Appointment, Temporary Members [: Otis Cowart; Warren Glover and [: Arthur Robinson PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. Otern No. xxx C.C.P. xxlxx/xx am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR.) the individuals listed below who served last year as temporary BAR members, They will serve, if necessary, approximately twenty days as needed during the time period of January 2010 to mid - February 2010. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These three (3) temporary boardmembers working in conjunction with the five permanent members will allow this office to establish mini - boards, if needed. At times in the past we have needed to use all five (5) permanent and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assures the smooth functioning of the review process. Therefore I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members: Otis Cowart, 104 Ivy Street, Buffalo, New York 14211 Warren Glover, 17 Newport Avenue, Buffalo, New York 14216 Arthur Robinson, 192 Maurice Street, Buffalo, New York 94210 SIGNATURE DEPARTMENT HEAD NAME Martin F. Kennedy DEPARTMENT HEAD TITLE : Commissioner, Assessment & Taxation 1� Mr. Fontana moved: That the above communication from Assessment and Taxation dated October 21, 2009, be received and filed; and That the appointment of Otis Cowart, residing at 10 Ivy Street, Warren Glover, residing at 17 Newport Avenue and Arthur Robinson, residing at 192 Maurice Street to serve a one (1) year term as temporary Board of Assessment Review members are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. Passed 16 TAB:rmv T:lwp60'gmwor&ntM 16c 10 -27a. doc *AYE* NO * [314- 7] DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO * * RIVERA * * * RUSSELL * * * SMITH * * * [MAJ- 51 "` 9 * 0 [213 - 6] [314- 7] 000.8 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: [: October 21, 2009 FROM: DEPARTMENT: [: Assessment & Taxation SUBJECT: [: Board of Assessment Review [: Appointment, Permanent Member [: Keith Barnes PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (item No. xxx, C.C.P. xxlxxfxx) The five (5) year appointment to the Board of Assessment Review of Keith Barnes, 29 Frankfort Street, Buffalo, New York 14211 expired on September 30, 2009. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or re- appointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member_ Therefore, I am respectfully requesting the Common Council reappoint Mr: Barnes to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. SIGNATURE DEPARTMENT HEAD NAME: DEPARTMENT HEAD TITLE: Martin E. Kennedy Commissioner, Assessment & Taxation Mr. Fontana moved: That the above communication from Assessment and Taxation dated October 21, 2009, be received and filed; and That the reappointment of Keith Barnes, residing at 29 Frankfort Street to serve an additional five (y) year terra as a Board of Assessment Review member is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. Passed 17 TAB : rmv "rA%vp60lmsevordlmnA J 700- 27a.doa *AYE* NO * [-------- - - - - -] [MAJ- 5] (2/3 - 61 [3/4- 7] DAVIS FONTANA * * * FRANCZYK * * * GOLOMHEK * * * KEARNS * * * LOCURTO * * RIVERA * * * RUSSELL * * * SMITH * * * * * * * q * p * * * �i FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Oct 27, 2009 00019 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE, COMMON COUNCIL DATE: October 22, 2009 FROM: DEPARTMENT, Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10510 [: No Standing - Repeal [: on West Seneca Street, north side [: between Main Street [: and Pearl Street [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [ Ex. ( Item No. xxx, C.C.P. xx/xx/xx NO STANDING - REPEAL 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 after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY West Seneca Street, north side At all times between Main Street and Pearl Street This action is being taken to provide more on street parking for patrons of the businesses in this area. SJS /PJM /EDS /RWS TYPE DEPARTMENT HEAD NAME: Peter J. Merle, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (S-n WPea,WmNSATRep ,Ldoe) l� 91 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 22, 2009 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Notification Serial #10511 [: Install Metered Parking [: on West Seneca Street, north side [: between Main Street [: and Pearl Street [: (except No Standing and No Parking areas) [ (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. ( Item No. xxx,.C.C.P. xx/xx/xx METERED PARKING - INSTALL 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 after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING West Seneca Street, north side 2 Hour Maximum between Main Street Sam to 5 pm and Pearl Street Monday to Friday (except No Standing and No Parking areas) RATE OF METERED PARKING Rate C $1 per Hour This action is being taken to provide more on street parking for patrons of the businesses in this area. SJ S /PJM /EDS /RW S TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (SenecalVP�rlhtai nlnsial IMe[crs dpc; ✓ POSITION AL LOCATION MAINTENANCE FORM Title Hea E ui ment Operator Department/Division Public Works Parks & Streets .Division of Streets Start Date 1 01 Original PR No. 2007 -176 Title Code No. 6041 Salary $38, 745 Maximum i Budget Function No. 15030001- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Staters Change (check one) T e of A ointment: 0 Permanent ❑ Contingent Permanent ❑ Provisional [] Temporary ❑ Seasonal ❑ From Temporary to Provisional ® From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt Competitive ❑ Non - Competitive Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget Comments: Mr. Feldmann currently holds this position on a tem i wraa basis at step 5 pay. Mr. Feldmann is bein Certified from the ado l >� a i1 WIkbV IMM a 12ermanent basis. EmPloyee Information: ON 4-- SkLAVICE POSITION ALLOCATION MAINTENANCE FORM Title .Heavy Equipment Operator Department/Division Public Works Parks & Streets Division of Streets � Start Date._. ," Original PR No. 2004 -021 Title Code No. 6041 Salary $38,745 (Maximum) �1 Budget Function No. 15030001 - 411001 ! Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment: ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ® Permanent ❑ Exempt ❑ Contingent Permanent Competitive ❑ Provisional REF F � ❑ T . ITI Non - Competitive ❑ Temporary ON CML SERVICE. ❑ Seasonal Comments Mr. Linkowski currently holds this pwition an a rovisional basis at step 5 pay. Mr. Linkowski is being certified from the adopted CiQ Service list for appointment to this title on a Permanent basis. Employee Information: Nam Jam J. L inkowski Add ress 18 West Woodside Avenue City Buffalo SS DOB State New York Zip Code 14220 S 3 - Si e of A riP tt . inn . pt Date _.. -- - -- Signatu of D irect or of Budget� Da te - qty/ a t e Signature of Adm. Director of Civi S ervice Send original copy signed by Dept. Head to Budget _ Send or e Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ® - 1 a POSITION ALLOCATION MAINTENANCE FORM Title HeaXy E u.i ment Operator Department /Division Public Works Parks & Streets. Division of Streets Start Date( Original PR No. 2008 - 073 1 Title Code No, 6041 Salary $36 , 5§5 L ntermediate 1 i Budget Function No. 15030001- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Type of Appointment Classification ® Permanent ^ El Coat inngent P � � El Exempt El Provisional ql' °mpetifive ❑ Temporary IL S E R VI CE , ❑ No n- Competitive ❑ Seasonal Comments Mr. Ferril urrently holds this osition on . a 3rovisional basis at ste 3 p Mr. Ferri! is bein certified from the ado ted Civil Service list for appointment this title on a errnanent basis. Emplo ee Information' Name _ Richard L_ Ferril A ddress . 16 Race Street Buffalo — of of Director of of Adm. .Director of Civil Service DOB State Ne w York Zin Code / Date; D ate 0 68 -5 -446 4_ - 15 -56 14207 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POSITION ALLOCATI MAINTENANCE FORM Title Equipmen Operator Department /Division Public Works Parks & Streets Division of Streets /`1 Address 140 No rth St reet, Apt. #221 Start Date' �; . "" [ Original PR No. 2008 -064 Title Code No. 6040 Salary !0" i � $37,0'77 - (M aximum ) U r� �f Budget Function No. 15030001- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Tvoe of Appointment: Classification ® Permanent ❑ .Exempt ❑ Contingent Permanent 0 Competitive ❑ Provisional ❑ Non- Competitive ❑ Temporary ❑ Seasonal Comments Mr. Co le currently holds this position on a provisional basis at step 5 p ay. Mr. Coy is bein certified from the adopted Civil Service list for appointment to this title on a permanent basis. Employee Information: Name Peter C -� SS# 112 -60 -3211 Address 140 No rth St reet, Apt. #221 DOB 10 -5 -65 - City Buffalo State N Y ork _ Zip Code 14201 Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy rr When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget - mo t, Si ii to of A arntin A tbority L - Date 1 A Date Si nature of Direc or of Bu dget Signature of Adm, Di of Civil Servic --- - ._ ---- __ _ Date Send original copy signed by Dept. Head to Budget Send or e -mail Civil Service a copy rr When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POSITION ALLOCATION MAINTENANCE FORM Title Eq uipment Operator Department/Division Public Works Parks & Streets Division of Streets Start Date C Original PR No. 2006 -025 Title Code No. 6040 )) Salary $37,077 (Maximum) E Q Budget Function No. 15030001 - 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Tyne of Appointment: ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification ❑ Exempt M Competitive ❑ Non- Competitive Comments: Mr. Lombardo currently holds this position on a provi sional basis at step 5 nay. Mir. Lombardo is being certified from the adopted Civil Service list for appointment to this title on a permanent basis. Employee Information: Name John P. Lonbardo SS# 058 -56 -2998 Address 163 Bird Avenue DOB 11 -9 -63� Cif_ Buffalo . ....... ...... _.__... State New York Zip Code 14213 Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget POSITION ALLOCATION MAINTENANCE FORM TWA nuinrrignt t)nrrgtnr DepartmentlDivision Public Works. Parks & Streets, Division of Streets Start Date i:7- -1u Original PR No. 2005 -123 Title Code No. 6040 (� Salary $37,077 Maximum � Budget Function No. 15030001- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Tyne of Appointment: Classification ® Permanent ❑ Exempt ❑ Contingent Perman6nt ® Competitive ❑ Provisional ❑ Non - Competitive ❑ Temporary ❑ Seasonal Comments: Mr. Orr currently holds this position on a provisional basis at step 5 p Mr. Orr is being certified from the adopted Civil Service list for appointment to this title on a permanent basis. Employee Information: N Address William T_ Or Jr. _ _.__. _.._ 130 Juniata Place Buffalo _ State New York SS# DOB Code 062 -74 -2547 12 -30 -76 14210 Cit _ Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget Si =n �dofA 9 tr Author Dat Y Date ... .. �,.i• =�... - ° -, l-.� Cam..' N ., -^ _ _ Signature of Dtrcctor of Budget _T Signature of A r dm. Directo of Civil Service Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget 17 ------ POST "PION ALLOCATION MAINTENANCE FORM Title Equipment Operator �— I Department/Division Public Works Parks &,Streets Division of Streets Start Date taw- C. -;- �. c- Original PR No. 2007 -027 Title Code No. 6040 Salary $37,077 (Maximum) ` A Budget Function No. 15030001- 411001 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Type of App ointment: Classification ® Permanent ❑ Exempt ❑ Contingent Permanent inpetitive El Provisional EW E -� � C)� H MIS �'on- Competitive ❑ Temporary CMM I `_ � ❑ Seasonal Comments: Mr. Hussar currently holds this position on a provisional basis at step 5 p ay. Mr. Hussar is Mein certified from the adopted Civil Service list for appointment to this title on a permanent basis. Emplovee Information: Name Rober Hussar SS 129 -54 -4627 Address 9 Tennes Street _ DOB _ 10.7 -61 Cit Buffa State N York Zi Code 1420 ._ ._ -_F __.:p Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget r ... Si na m e A oint — Authority Date �. A (0) Signatur of .Dire of Bud get Da te - S ignature of Ad m, Directo of Civil Service D ate Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget 1 �`1 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Oct 27, 2009 000.` 3 Communication to the Common Council To: The Common Council: Date: October 8, 2009 From: Department lepart.ment of Econonie DeveloPznent, Perrrzit & Inspecti Services Division Office of Licenses Subject: [: Restaurant Dance Class III [: 391 Ellicott St (West) Prior Council Reference: (If any) [: Ext. Item No. xxx C.C.P. xx /xx /xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 191 Ellicott Street and find that as to :forni is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire I)cpartment and Building Inspections. I find it complies with all regulations and other applicable laws. l have caused an investigation by the Police Department into the moral character of Steven Lorenzo. The attached thereto 1=61 Illusions Nightclub & Entertainment Complex (dba Buffalo Illusions Entertainment Inc.) This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: r� Department Head Name: JAMES COMERFORD, DEPUTY COMMISSIONER JC :cap #I (R.ev.01/1993) RR O TFIF7 t,eMITTE ir K_I , ON Department Of Economic Development, Permit & inspection Sery Office Of Licenses 313 City Hall Buffalo, NY 14202 :Phone: 171.6) 851 -4078 _ AX- 716) 851 -4952 ( ENSE APPLICATION: Please check the category(s) you are applying IC h l) Bowlit Home Phone " °`Certicate of inspection (PubticAssemblY) Music kMec anlca Skating VRink Coin - Controlled Amusement n ie (Live, no dancing} Arcade �/ Kestaurant Dance Caps -' Billiard Parlor Newsstand Public Dance Hall � Go -Go Dancing Date 1)'7 Applicant Name2l -- Applicant Address street City Co- Applicant Name Co- Applicant Address Street City state ZIP Corporation Namecrf 1. bate Incorporated ° c Business Name�t t ley; Business Phone (711 -9) Business Address rt -- state #� street y State Tarp ID # �� 059 FAX# Applicant DOB Co- applicant DOB Applicant Place of birth - Co- applicant Place of Birth Fees Certificate. of Inspection ....................$56.00 Coin Controlled Amusement Device (per game) .....$47.25 Arcade ............ ..... (per game) .....$ Music ( mechanical ) ...................... no dancing} .................. :5 Restaurant Dance 2 Floor Sho Go -Go Dancing ............................11 Public Dance Fall .......(based on square feet) Skating Rink ............ ........................$21Q.00 Newsstand._ ...... $ 63.00 Bowling Alley ............ (per alley) ....$ 31.50 Billiard Parlor ............. (per table) ....$ 31.50 .- -t_A L = Af Number of Amusement Machines Nj mber of #A jing Alleys m4mbpq illiarrd Tables -L_� __ -All-3 l _ A DF14X T NO. � r3 l> T & .A_ I 9 '* -7 9, Co- applicant Ph LL " signature Printed Name Date � Subscribed an worn to before mt this r day of 20 ___0 Commissioner of Deeds in and for Ole City of Buffalo, NY CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL tzrrFFAL^ J arm, vY Y VJhCK i 420 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING &USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: ILLUSIONS NIGHTCLUB & ENTERTAINMENT LICENSE TYPE: RESTAURANT/DANCE NEW LICENSE BUSINESS ADDRESS: 391 ELLICOTT BUSINESS PHONE: _ COUNCIL DISTRICT: EL POLICE DISTRICT: 04 APPLICANT NAME: STEVEN LORENZO APPL. PHONE: _ APPLICATION NUMBER: 555425 REFERRAL DATE: 07/17/2009 REMARKS: DISAPPROVAL REASON: COO 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# ( EXT a tr AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES, THANK YOU. A rpr CITY OF BUFFALO v—.__ rlP R`7'MENT OF ECONO - VIC DEVELOP - NiENT. PERMIT & INSPECTION SERVICES OFFICE OF THE COMMISSIONER BYRON W. BROW tMayor Certificate of Compliance JAMES COLMERFORD, Jr. Deputy Commissioner Number 1631 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 39] ELLICOTT Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any v' Yation of a law or ordinance found to exist subsequent to the issuance of the certifi Tom} i.e. continued compliance with applicable codes. and ordinances is required. zrector o f Perinit & Inspec ion Services Building Classification: 5 Date Issued: 09/30/2009 Occupancy: A -2 Building Permit(s) Number: NIA Date Issued: N/A Building Inspector: Plevniak, Jack Date of Inspection: 09/17/2009 Receipt Number: 19697 Portion of Building being inspected and certified: FIRST (1" FLOOR; NIGHT CLUB, LAVATORIES & STORAGE. MEZZANINE, (BAR AREA), SECOND (2 ND ) FLOOR; S'T'ORAGE /MEHCANICAL ROOMS & OFFICE 65 NIAGAR A SQUARE/ 324 CITY TIALL / BUFFALO, NY 14202 -3303 / (716) 851 -4972 / FAX: (716) 551 -4242 / 1-maiL jcomcrfoCd@City- buFfa10X0n1 To BE MAILED TOE } Buffalo polio Department 1 ` Identifications Section `v 74 Franklin Sheet Buffalo, New York 14202 fee to process #his data By WA, , payment MUST be made cks are no t There is a $10.00 accepteA Wke, money through the mail. In person, payment cap. be mde by money order nr cash. orders payable to the Buffalo Police Department_ d to Y0111 C aU Be sure if to include a stampedy self`addressed envelope sa that this Ynfnrmat�on c No mai public (or) Cc�rnn' issionerof ed by information listed below and have your identification licationw Witho" "tow camp iatice to these jUStmcfions, you VW-L NOT Deeds, as listed. on the bottom of this aPp receive the requested informaticu- ALL S1G1qA'nJRES MUST BE ()FIGI AL NAME OF ArrLICANU SEX cVp,RE ADDRESS. DATE OF BIRTH: SOCIAL SE('M #: PXA,SON F0RREQ� )—[ State of New York ) Co =ty of Brio City af]Buff"alo j day of - �� � °� 19 �' before me personally on the appeared tC- V(- , . 16 �z v to mo kt own to be the saute person described �o, and who exeouted, the foregoing instrument and acknowledged the exeGufM thexe� f Notary P ctCnznmrssicone�` of Dea 0NNEL..�... . ..fi.: ,,......... ;,TO BE COMPLETED BY II}E,NTIFICATIO-N SECTION PEI y Y VFWFIED BY NO RECORD ON F F DATE V�D •:. S INFORMATION rS Nt?T BASEI?`Ol*3 FINGBI 2jN T- IDFXTIKCATION• DO NOT AIN A 60 NOTE' 175E Gp SIB PAYS FROM DATE VF_kW] ED_ jj0T VALID UNTIL STAMPEIX 10- 15 --' 11, FBOM OFFICE Olt LICENSES 313 CITY HALL AUFFALO, NEW YORK 142DI INSPECTIONIAIPPROVAL REQUEST AGENCY / DEPARTMENT- POLICE REFERRED TO: COIMAUSSIONER OF POLICE 1 YV1VJ1 /OVJ1 r - 1L6 APPLICATION FOR: R L[7MONS NIGHTCLUB & II!3`d'ERTADII&NT L ICWSE TYPE: RESTAURANTMANCF B 7�1U Ifusa o ADows.. DU!3Ir1 s YOM - COUNCIL DISTIUC i POLME DISTRICT APPLICANT NAME: APPL. PROM: APPMATION "HER- RED. OA'fE: 0l 'PX0VAL XCASOM 391 ELLICOTI EL 04 STEVEN LORENZO �i�fi?!2Q(i9 w Uw1t (FO HI's COMLIETED BV AG"CVlDEPAftTMfgT REFEMV TO) APPRO''VFH DATE:. DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DATE: 7 :301 t DISAPPROVED DA 'REASON FOR DISAPPROV BE STATER IWLOW A" REMA�CtS: _ COM1+>`. OF POLICE: L...�.__�.: � _..._._........ . ..., ..�� u�� Commissi,onA., AFTER INSPECTION PLEASE COMPLETE AND AETIERN TIIIS REFERRAL TO THE OFFICE OF LICE. SES. 'I`V ANK YOGI. o,v �\ \ { \ § {� } 1 qq �xH w.# �:._. . mme_ �} H �/) \ m w , ¥ 0 2 , F ,@ LO _ /2 / * ��a. ` \2■ m *2 ¥ ( q2] / /2@ /� } \ 4 k Aq , 3 J4 / /�H /?, \a .Qmam ®a- /} . - j V- s4- c V �� �. �, ��� �(� ire �, t t I�� �� �-� ��# -- � f �� � N A does no�-- c �r,-Ky -All 116 j EIN Individual Request - Online Application Page I of I Internal Revenue SerVice i EIN Assistant Your progress: 9. Identity 2. Authenticate 3. Addresses 4, Details 5_ EIN Congratulations! The EIN has been successfully assigned. H Topics i Can. the,E EIN Assigned: 27- 0523933 titter is re Legal Name: BUFFALO ILLUSIONS ENTERTAINMENT INC 3 j The confirmation letter will be mailed to the applicant. This letter will be the applicant's official IRS notice and will contain important information regarding the EIN. Allow up to 4 weeks forthe letter to arrive by mail. 1' We strongly recommend you print this page for your records. ti i e now EIN_ Click Continue to get addifiana! information about using the s i i 1 - _ 1 7 i 1 i I � I I 1 � I https://sa2.www4.irs. gov/modiciufindividuaYconfirmationisp 76012009 0- v f, CERTIFICATE OF INCORPORATION OF BUFFALO ILLUSIONS ENTERTAINMENT, INC, (Under Section 402 of the Business Corporation Law) STA OF N[w D tPARThIj YORK Rub JUL ENTOrSTATj 0 Filed By: Lippes Mathias Wexler Friedman LLP 665 Main Street Suite, 300 Buffalo, NY 14203 (� ��0 7� o 3a�Y('� 07? 4 to be made a party to, or is involved in any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that such person is or was a Director or officer of the Corporation or is or was serving at the request of the Corporation as a Director or officer of another corporation, partnership, joint venture„ trust or other enterprise, to the fullest extent permitted by the New York Business Corporation Law, as the same exists or may hereafter be amended; provided however, that except for proceedings to enforce rights to indemnification, the Corporation shall not be obligated to indemnify any Director or officer (or his or her heirs, executors or administrators) in connection with a proceeding (or part thereof) initiated by such person unless such proceeding (or part thereof) was authorized or consented to by the Board of Directors of the Corporation. (c) Expenses (including attorneys' fees) incurred by an officer or Director in defending any civil, criminal, administrative or investigative action, suit or proceeding shall be paid by the Corporation in advance of finial disposition of such action, suitor ' proceeding upon receipt of an undertaking by or on behalf of such Director or officer to 1 repay such amount if it shall ultimately be determined that he is not entitled to be ! indemnified b the Corporation as authorized in this Article. f r (d) To the extent authorized from time to time by the Board of Directors, i the Corporation may provide rights to indemnification and to the advancement of expenses to employees and agents of the Corporation who are not Directors or officers similar to those conferred in this Article to Directors and officers of the Corporation. (e) The rights to indemnification and to the advancement of expenses conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under this Certificate of Incorporation, the Bylaws, any statue, . . agreement, vote of shareholders or otherwise. IN ' rINBSS Ti&£REOF, theunder-s gned has - executed this Cer- tMeate this g` day of July, 2009. Gregory . lvancic, fneorporator 665 Main Street, Suite 300 Buffalo, New York 14203 2 ,,CT-07 CERTiF1CATE OF INCORPORATION OF 09079vID000 BUFFALO) ILLUSIONS ENTERTAINMENT, INC. Under Section 402 of the Business Corporation Law The undersigned, being over the age of eighteen, for the purpose of forming a corporation pursuant to Section 402 of the New York Business Corporation Law, hereby certifies: I . The name of the corporation is: Buffalo Illusions Entertainment, Inc. (hereinafter the "Corporation "). 2. The purpose for which. the Corporation is formed is to engage in any lawful act or activity for which corporations may be organized under the New York Business Corporation Law; provided that, the Corporation is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency or other body without such consent or approval first being obtained. 3. The office of the Corporation is to' be located in Erie County, New York. 4. The aggregate number of shares which the Corporation shall have the authority to issue is two hundred (200) shares without any par value per share. s 5. The Secretary of State is designated as the agent of the Corporation upon whom process - against it -may be - served -acrd the -post bffieee- address to which the Secretary of State -shall mail a copy of any such process against it served upon him is: Gregory T. lvancie, Esq. Lippes Mathias Wexler Friedman LLP 665 Main Strect, Suite 300 Buffalo, New York 14203 -1425 6. (a) To the firllest extent that the New.York Business Corporation Law, as now in effect or as may hereafter be amended, permits elimination or limitation of the liability of Directors, no Director of the Corporation shall be liable to the Corporation or its shareholders for damages for any breach of duty in such capacity. Any repeal or modification of this Article by the shareholders of the Corporation shall be prospective only and shall not adversely affect any elimination or limitation of the personal liability of a Director of the Corporation for acts or omissions occurring prior to the effective date of such repeal or modification, (b) The Corporation shall indemnify and hold harmless each person (and the heirs, executors, or administrators of such person) who was or is a party or is threatened I..V STATE OF NEW YORK DEPARTMENT OF STATE I hereby certify that the annexed copy has been compared with the original document in the custody of the Secretary of State and that the same is a true copy of said original.. ••a «a•aa ••• - NE • �,�j a a • p M � O a • a � � a y i « R s oft • a • O Nr «• • +«aaa«• V4TNESS my hand and official seal of the Department of State, at the City of Albany, on July 9, 2049. l t : Daniel E. Shapiro First Deputy Secretary of State Rev. 0 N, Y. S. DEPARTMENT OF STATE DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 12231-0001 FILING RECEIPT ENTITY NAME: BUFFALO ILLUSIONS ENTERTAINMENT, INC. D i OCUMENT TYPE: INCORPORATION (DOM. BUSINESS) COUNTY: ERIE FILED: 07/09/2009 DURATION: PERPETUAL CASH#: 090709000097 FILM #:090709000086 FILER: LIPPES MATHIAS WEXLER FRIEDMAN LLP .665 MAIN STREET SUITE 300 BUFFALO, NY 14203 . .ADDRESS FOR PROCESS- -------------------- GREGORY T. IVANCIC, ESQ. LIPPES MATHIAS WEXLER ET AL BUFFALO, NY 14203-1425 REGISTERED AGENT: ----------------- STOCK: 200 NPV EXIST DATE ---------- 07/09/2009 665 MAIN STREET, STE 300 SERVICE COMPANY: CT CORPORATION SYSTEM 07 SERVICE CODE. 07 PAYMENTS 195.00 FEES 195.00 -------- CASH 0.00 FILING 125.00 CHECK 0.00 TAX 10.00 CHARGE 0.00 CERT 0.00 DRAWDOWN 195-00 COPIES 10.00 OPAL 0.00 HANDLING 50.00 REFUND 0.00 7 DOS-1025 (04/2007) 76 b3229CAS 000 -Lease of Business promises I Qxvw , dated the 18th Parties Premises Terra SIMON REALTY GROUP, LP dayof FEBRUARY 2009 hereinafter referred to as the Landlord, and ILLUSIONS NIGHTCLUB AND ENTERTAINMENT COMPLEX, LLC hereinafter referred to as the Tenant, !LSSETH: That the Landlord hereby demises and leases unto the Tenant, and the Tenant hereby and takes from the Landlord for the term and upon the rentals hereinafter specified, the premises ibed as follows, situated in the CITY of BUFFALO ty of ERIE and State of NEW YORK -393 ELLICOTT STREET, FIRST FLOOR ONLY FOR PUBLIC 'FALO, NEW YORK 94203 ASSEMBLY; APPROX -5000 SQ.FT. The term of this demise sWf be for THREE (3) YEARS; WITH TWO (2) YEAR OPTION ginning MARCH 1, 2009 and ending FEBRUARY 29, 2012 Rent 'ihe rent for the demised term shalt be MONTHLY AS FOLLOWS: YEAR 142,500 + $433 EXCESS LINE INSURANCE + $500 PROPERTY'!AXES= $3,433-00 ($30,000+ YEARLY) YEAR 2- $2,750 + $433 EXCESS LINE INSURANCE + $500 PROPERTY TAXES= $3,683.00 ($33,000+ YEARLY) YEAR 3- $3,025 + $433 EXCESS LINE INSURANCE + $500 PROPERTY TAXES= $3,958 -00 ($36,308+ YEARLY) The said rent is to be payable monthly in advance on the first day of each calendar month for the m hereof, in installments as follows: SEE ABOVE Payment of Rent 11 SECURiTY DEPOSIT OF $5000.00 (INCLUDES LAST MONTH'S RENT) the Office of SIMON REALTY GROUP, LP 367 ELLICOTT STREET, BUFFALO, NY 14203 as may be otherwise directed by the Landlord in writing. THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS: Peaceful / Possession 3VIA1 - The Landlord covenants that the Tenant, nn paying the said rental and performing the covenants and conditions in this Lease contained, strall and may peaceably and quietly have, hold and enjoy the demised premises for the term aforesaid. �rram� The Tenant covenants and agrees to use the demised premises as a Purpose BAR/ NIGHTCLUB! CONCERT HALL and agrees not to use or permit the premises to ba used for an other purpose vAllinul ihe prior written consent of the Landlord endorsed hereon. 17I61� _ The Tenant shall, without any previous demand therefor, pay to the Landlord, or its agent, the said real at the times Default in and in the manner above provided. In the event of the non- payment of said rent, or any installment thereof, at the times and in the Payment of manner above provided, and if the some shall remain In default for ten days after becoming due, or if the Tenant shall be dis- Rent possessed for arm-payment of renl, or if tho leased premises shall be deserted or vacated, the Landlord or A- agems shall have the right to and may enter the said premises as the agent of the Tenant either by force or otheivirse, without being liable for Brit, Abandonment prosecution or damages therefor, and may role[ the premises as the agemf of the Tenant and receive the rent Therefor, upon such of Premises terms as shall be satisfactory to the Landlord, and all rights of the Tenant to repossess the premises under this lease shall be forfeled. Such re -an[ry by the Landlord shall not operate to release the Teoant from any rent to he paid or covenants to be per - Re -entry and formed hereunder during the full term of this lease. For the purpose of feloliing. the Landlord shall be aulhorized to make during Retelling by the full term of this lease. For the purpose of reletting, the Landlord shall be authorized to make such repairs or alterations in or to Landlord the teased premises as may be necessary to place the same in good order and condition. The Tenant shall be liable to the Landlord for the COA of such fepairs or alterations, and all expenses of such retelling. if the sum realized or to be realized from the Tenant Liable reletling is insufficient to satisfy the monthly or term rent provided In this tease, the Tandlord at its option, may require the Tenant to pay such deficiency month by month, or may hold the Tenant in advance for the entire dericienCy to be realized during the term of Lien of the retelling. The Tenant shall not be entitled to any surplus accmmq as a result of the reletting. The. Landlord is hereby granted Landlord to a lien, in addition to any statutory lien or right to distrain that may exist, on all personal property of the Tenant in or upon the Secure demised premises, to secure payment of the rant and performance of the Covenants and conditions of this lease. The Landlord shall have the ngthh as agent of the Tenant, to take possession of any furniture, fixluros or other persona€ property of the Tenanl F �? _i Performance found in or about the premises. and sell the same at public or private sale and to apply [he proceeds thereof to Iha payment of any Attorney's monies becoming due under this lease, the Tenant hereby waiving the benefit al all laws exampling property from execution, levy Fees and sate on distress or judgment. The Tenant agrees to pay, as additional rent, all attorneys fens and other expenses incurmd by the Landlord in enforcing any of !fie obligations under this lease_ Sub - letting and Awl The Tenant shall not slsb -tol the demised premises nor any portion thereof, nor shall Ihts laaae he assigned by the Assignment Tenant without the prior written consent of the Landlord endorsed hereon. ylig -I The Tenant bus examined the demised premises, and accepts Them in their present condition {except as otherwise Condition of expressly provided herein) and without any representations on the part of the Landlord or its agents as fo the pre rinses, 1presvill. or future condition of the said promises. The Tenant shall keep the demised premises in good condition, and shall redacor- Repairs ate, paint and renovate the said pfernises as may be necessary to keep them in repair and good appearance, The Tenant shall quit and surrender the premises at the end of the demised term in as good condition as the reasonable use theeof will permit, The Alterations and Tenant shall not make any alterations, additions, or improvements to said premises without the prior written consent of the Land - Impfovements lord. All orecliana, allerallons, additions and Improvements whether temporary or permanent in character, which may he made upon the premises either by the Landlord or the Tenant, except furniture or movable trade fixtures installed at the expense of the Sanitation, Tenant, shall he the property of the Landlord and shall remain upon and be surrendered with the premises as a part thereof at the Inflammable termination of this Lease, without csrrnpensatron to the Tenant. The Tenant further agrees to keep said premiss and all parts Mere- Materials of !n a clean and sanHary condition and free from trash, inflammable material and other objectionable matter. If [his lease covers premises, all or a part of which are on the ground floor, the Tenant further agrees to keep the sidewalks in front of such ground Sidewalks floor portion of the demised premises clean and free of obstructions, snow and ice. with ° In The event that any mechanics' lien is filed against the premises as a result of alterations, additions or improvements Mechanic's made by the Tenanl, the Landlord. at its option , after thirty days' notice to the Tenant, may terminate this lease and may pay the ien said lien. without inquiring into the validity therof, and the Tenant shall forthwilh reimburse the Landlord the total expense iincurred l by the Landlord in discharging the said Iran, as additional rent hereunder. ;{A - ' The Tenant agrees to replace at the TeaaM's expense any and all glass which may beurme broken in and on the Glass demised premises. Plate glass and rnifrom, if any. shall be insured by the Tenant at their full insurable value in a company satisfactory to the landlord. Said policy shall be of the full premium type, and shall be deposited vdlh The Landlord or its agenL F The Landlord shall not be responsible for the loss of or damage to property . or injury to parsons, occurring in or Liability of about the demised premises. by reason of any existing or future condition, defect, matter at thing in said demised promises or the Landlord property of which the premises are a part, or for the acts, emisslons or negllgence of other persons or tarnants in and about the said property. Tfie Tenant agrees to indemnify and save the Landlord harmless from all claims and liability for losses of of damage to property, or injuries to persons or is or about the demised premises. `r ,rujfr. Utilities and services fumishod to the dernised premises for the benefit of the Tenanl shall be provided and paid for as ash the TENANT ;elecfdcitybylhe TENANT Services and (cllows water by [ha TENANT ; gas y TENANT Utilities ;healbythe. TENANT refrigeration byttie TENANT ;holwaterbytae The Landlord shall not be liahte for any interruption or delay in any ofthe above services for any reason. DUMPSTER MOIST BE OBTAINED BY TENANT. "FIRE SPRINKLER" IS BILLED SEPARATE FROM "WATER ". MAINTENANCE AND TESTING IS LANDLORD'S RESPONSIBILITY UNLESS DAMAGED BY TENANT J. The Landlord, or its agents, sha €i have the right to enter the demised premises at reasonable hours in the day or 11 to examine the same or to run telephone or other wires, or to make such repairs, add€lioas or altorabons as it shall doom necessary Right to �r the safely, preservation or resOsation of the improvements, or for the safely or convenience o(lhe occupants Or users thereof Inspect and (there being no obligation, however, on the part of the Landlord to make any such repairs, additions or alterations), or to exhibit the Exhibit same to prospective purchasers and put upon the premises a suitable 'For Sale° sign. For three months prior in the expirallon of the demised teen, the Landlord, or its agents, may similarly exhibit the premises to prospective tenants, and may place The usual "To Let' signs thereon. c6wdfr, jr, the event of the deshuction of lb- demised premises or the building containing the said premises by fire, exp €osion- the elements or otherwise during the term hereby created, or previous thereto, or such partial destruction thereof as to render the Damage by premises wholly uoleanhoble or until for occupancy, or should the demised premises be So badly injuead that the same cannot he Fire,Explosioh, repaired within ninety days from the happening of such injury, then and in such case the term hereby created shall, al the option of The Elements the Landlord, cease and become null and void from the date of such damage or destruction, and the Tenant shall immadfata€y or Otherwise surrender said premises and all the Tenanrs interest therein [o the Landlord, and shall pay rent only to the time of such surrender. in which event the Landlord may renter and R) possess the pmm15 e5 thus discharged from this lease and may remove 811 parties therefrom. Should the demised p be rendered untenantabte and unfit for occupancy, bar yet be ropaitabte within ninety days from the happening of said lnjuty, the Landlord may enter and repair the same with reasonable speed, and The rent shelf not accara aher said injury of white repairs are being made, but shall recommence immediately after said repairs shalt be completed. The Tenanl agrees to observe and comply with all laws, ordinances. roles and regulations of the Federal, State, Obs9fvalion of County anJ Municipal authorities applicable to the business to be conducted by the Tenant in the demised premises. The Tenant Laws, agrees no[ fo do or permil anything to be do" in said premises, or keep anything therein. which wil€ increase the rate of fire Ordinances, insurance premiums on the impiovemnnis of nay pad thereof, or on properly kept therein, or which will obstruct or interfere with Rules and the ngbm of other tenants. or conflict will' The regulations of the Fire Department or svRh any insufence policy upon said improve - Regutdtions moms or any part thereof. In the event of any increase in insurance premiums resultleg from the Tenant's occupancy of the premises, or from any act or omission on the part of the Tenant, the T agrees to pay said increase in insurance premiums on the improvements or contents thereof as additional rent. AviWA hlo sign, advertisement or nutico shall be aF Ixed To or placed upon any part of file demised premises by the Tenant, Signs except in such manner, and of such size, design and color as shall be approved in advanee in writimg by the Landlord. !r Subordination to Mortgages and Deeds of Trust This Eerie is subject and is hereby subordinated to all present and future marlgagCs. deeds of Irusf and other cumbranues aifecfing the demised prentlses or the properly of which said premises are a pad. The Tenant agrees to execute, no expense to the Landlord. any instrument which may he dcomed necessary or desirablo by the Landlord to further offecl subordination of this lease to any such mortgage, deed of trust or encumbrance. In the event of the sale by the Landlard of the demised premises, or the property of which said premises are a part. Sale of Premises Landlord or the purchaser may lerminate this least. in the thirtieth day of April in any year upon giving the Tenant notice of such titration prior to the first day of January in the same year. The rules and regulations regarding the demised premises, affixed to this lease, if any. as weit as any other and Rules and Regulations of Landlord thor reasonable Mies and regulations which shalt he made by the Landlord, shall be observed by the Tenant and by the Tenant's .ptoyee8, agents and customers. The Landlord reserves the right to recind any presently exisling rules applicable to the demised :raises, and to make such other and further real rrehfa rules and regulations as, in its judgmenl, may from time to time ho > irable for the safely, care and cleanliness of the premises, and for the preservation of good order therein, which rules, when made and notice thereof given to the Tenant, shall have the same force and effect as if orginally made a part of this Tease, ch tittle and further rates shall not, however, ba inconsistent with the proper and rightful enjoyment by the Tenanl of the premises. In case of violation sy the Tenant of any of the covenants. agreements, and conditions of this lease. or of the rules Violation of Covenants, Forfeitti e of Lease,Ris -entry by Landlord Non- waiver of Breach I regulations now or hereafter to be reasonably established by the Landlord, and upon failure to disconlmae such violalion bin ten days after notice thereof given to the Tenant, this tease shall thenceforth, at the option of the Landlord, became nu €I i void, and €ho landlord may re -enter without further notice or demand. The real in such case shall become due, be apportioned I paid on sort up to the day of such ro- entry, and the Tenant shall be liable for all loss or damage resulting from such violalion aforesaid, No waiver by the Landlord of any violation or breach of condition by the Tenant shall constitute or he construed as a iver of any other violation or bwauh of condition, nor shall lapse of lime after breach of candilen by the Tenant before 1ho idiord shall exercise its option under this paragraph operate to defeat the right of the Landlord to declare this lease null and void J to re -enter upon the demised premises after the said breach or violalion, Ali notices and demands, legal or otherwise, Incidental to this lease, or the occupation of 1110 demised premises, shall Notices in writing- it the Landtord or its agent desires to give or serve upon the Tenant any Police or demand, it shall he sufficient to nd a copy thereof by registered mail, addressed to the Tenant of the demised premises, or to leave a copy thereof writ' a parson suitable age found an the premises, or to Post a copy thereof upon the door to said premtsss. Notices train the Tenant to the ndlord shaft be sent by mpistered mail or delivered to the Landlord at lie place hereinbefore designated for The payment of rent, to such party or p €ace as lire Landlord may from time to time designate in writing. it is further agreed that if at any time during the term of this lease, the Tenant shall make any assignment for th0 hand Bankruptcy. Insolvency, Assignment for Benefit of Creditors of creditors, or be decreed insolvent or bankrupt according to Taw, or if a receiver shall be appointed for the Tenant, then the �ndlord may, at its option, terminals this lease, exercise of such option to be evidenced try noire& to that effect served upon the signee, receiver, trustee or other person in charge of The liquidation of tine property of the Tenant or the Tenant's estate, but ch temination shall not release or discharge arty payment of rent payable hereunder and then accmed, or any liability then ,clued by reason of any agreement or Mv©nant herein conlained on tha pall of file Tenant, or the Tenant's legal representatives. In the event that the Tenant shall remain to the demised premises after the expiration of the term of this lease without Holding Over Eminent Domain, Condemnation Security Arbitration Delivery of ng exeruled a new written lease with the Landlord, such holding over shall not constitute a renewal or extension of this lease. Landlord may, at its option, elect to treat the Tenant as one who has not removed at the end of ills term, and thereupon be led to all the remed against the Tenant provided by law in that sirualien, or the Landlord may uledt, at its option, to construe 1 holding over as a tenancy from month to month, subject to all lha terms and conditions of this lease, except as to duration eof, and in tbat event the Tenant shall pay monthly rent in advance at the rate provided Herein a$ effective during the last month The demtsd term. The Tenant has of this day deposited with the Landlord the sum of $ 5000.00 as security for the full end ful performance by the Tenant of all the terms, covenants and conditions Of this lease upon the Tenant's part to be performed, h said sum shall be returned to the Tenant. after the time fixed as the expiration of the term herein. provided the Tenant has fully faithfully carried cut all of said terms, covenants and conditions on Tenant`s pad to be performed- In the event of a bona fide safe, act to this tease, the tandtord shall have the right to transfer The security to the vendee for the benefit of the Tenant and the Pord shall he considered released by the Tenant from all Itabilily for the return of such security; and the Tenant agrees to look to the Landlord solely far the return of said security. and it is agreed that this shall apply to every transfer or assignment made of the etty to a new Landlord, The security deposited under this lease shall not be mortgaged, assigned or encumhared by the Tenant out the wnllen content of the Landlord. Any dispute arising udder this lease may be settled by arbitration. Then Landlord and Tenant shali each choose an If the property or any part thereof wherein the demised premises are located shall be taken by public or quasi - public y under any power of eminent domain or condemnation. this lease, at the option of the Landlard, shall forthwith terminate and the shall have po UaTm or interest in or to any award of damages for such taking. or, and the two arbitrators Thos chosen shall select a third arbitrator. The findings and award of the three arbitrators thus shall be final and binding on the parties hereto. Landlord may choose litigation. Legal fees of Landlord are to be paid by the No rights are to he conferred upon the Tenant until this lease has been signed by the Landlord, and an executed copy t Lease of line lease has been delivered to the Tenant. Lease r roen�i�. Provisions Not UL Tile foregoing rights and remedies are not intended to be exclusive but as adtlihonal to all rights, and remedies the Exclusive 11Landlord would otherwise have by law. Lease Binding &lh. Aft of the terms. covenants and conditions at This lease shall Inure to the benehl of and be binding upon the respective on Heirs, heirs, execulors, administrators, Successors and assigns of the parties horelo. However, in the event of Iha death of the Tenant, if an Successors. individual, the Landtord may, at its option, tefminalo this lease by nolihying lbe executor or administrator of the Tenant at the demised Etc, premises. This lease and the obligation of Tenant to fray rent hereunder and perform all of the other covenants and agfeemenis .rounder on pad of Tenant to be performed shall in novnse be af#ecled, impaired or excused because Landlord is unable to supply or delayed in supplying any service exprassly or impliedly to he supplied or is unable to make, or is delayed in making any repalm, Nitions, allarations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if Landlord is prevented delayed from so doing by reason of gnvemtnerzlal preemption in connection with the National Emergency declared by the President of e Ul Stalas or in connection with any rule, order or regulation of any department or subdivision thereof of any governmental lency of by reason of the conditions of supply and demand which have been or are affected by the war. This instrument may not be changed orally. EXHIBIT A AND EXHIBIT B ATTACHED. IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals tt a e `6r-fi ove written- 1LLUS ONS NIGHTCLUB AND ENTERTAINMENT COMPLEX, LLC Tenant J `\ .mm_.... nant ! antar Ciiarantor t't Exhibit A ADDENDUM LANDLORD: SIMON REALTY GROUP, LP TENANT: ILLUSIONS NIGHTCLUB & ENTERTAINMENT COMPLEX, LLC PREMISES: 391 -393 ELLICOTT STREET, BUFFALO, NEW YORK 14203 DATED: FEBRUARY 18, 2009 29. Provided that the Tenant is not in material default, Tenant shall have the option to renew this lease for an additional two year period beginning March 1, 2012 through February 28, 2014 at an annual rent to be mutually agreed upon, with a maximum increase of Ten Percent (10 %) from the base rent of Three Thousand Twenty -Five ($3,025.00) for the third year. Tenant must notify Landlord that it wishes to exercise the option by giving the Landlord not less than six (b) months written notice. Any increases in insurance or taxes will be added at this tune. 30. The Tenant must purchase and maintain a liability insurance policy in the amount of One Million Dollars ($1,000,000.00) or more, naming the Landlord and the Tenant as named insured. This is in addition to the excess line insurance referred to in "Terms of Lease ". 31. Tenant may enter the premises upon the execution of the Lease Agreement. 31 The second floor of the premises may be used by the Tenant as storage and/or office space at no additional charge. Provided, however, if the Tenant obtains a Certificate of Occupancy for the second floor for purposes of public assembly, or sub -lets the same, a rental fee for the second floor will then be negotiated as an extra charge to the Tenant under this Lease. 33. The obligation of the Tenant under this Lease is contingent upon Tenant obtaining all necessary permits and licenses to operate a nightclub and/or concert hall. Tenant shall have ninety (90) days to obtain the necessary licenses and permits. The Tenant must pay rent during the ninety (90) day period notwithstanding the fact that the Lease may be cancelled because of failure to obtain the necessary licenses and permits.. Cancellation of the Lease on the basis of failure to obtain the necessary licenses and permits must be made upon written notice to the Landlord prior to May 1, 2009. ,.P, / l� d" 4- 34_ The existing bar equipment in the premises is the sole property of the Landlord and will be left on premises for use by the Tenant and must be maintained by the Tenant and returned to the Landlord upon termination of the Lease, normal wear and tear excepted. A list of the aforesaid bar equipment is attached hereto as Exhibit B. If any item of the listed equipment is not functional, it will be deleted from Exhibit B and the Tenant will not be responsible for it. The Tenant has to option not to use any of the equipment on Exhibit B in which case the Tenant shall store the same on the second floor of the premises. 35. Repairs and Remodeling: The Tenant accepts the demised premises in an "as is" condition and any remodeling, repairs or modifications will be done at the expense of the Tenant. Ifmajor renovations are to be undertaken, the Tenant will first obtain permission from the Landlord to do so, which said permission will not be unreasonably withheld. 36. The Tenant will maintain it's own casualty insurance policy for it's own furnishings and equipment and the equipment of the performers hired by the Tenant and will include in the coverage of said policy the Landlord's equipment as listed on Exhibit B. 37. In the event the Tenant deems it necessary to replace any locks for the demised premises, the Tenant shall provide the Landlord with copies of the keys for those locks which the Landlord will securely hold. In addition, any alarm codes for any alarm systems servicing the premises will be disclosed to the Landlord for purposes of emergency entry only. Current system must be maintained by Tenant. 38. The Tenant shall be responsible for the cost of gas, water, heat, garbage user fees, sprinkler system fees and electricity utility service. Tenant will also share the cost of plowing the adjacent lot as outlined in paragraph 39. The sprinkler fee for which the Tenant is liable is an annual charge which is levied by the City of Buffalo. The Tenant's responsibility for such fee will not exceed four hundred dollars ($400.40) per year. Note that Landlord receives bill and passes on to Tenant for payment. 39. The Tenant will have the use of any available spaces in the adjacent parking lot commonly known as 383 -389 Ellicott Street containing approximately forty (40) parking spaces for automobiles, from 5:04 p.m. until 5:00 a.m., daily, for use by patrons of the Tenant. The parties agree that if a parking fee is charged by the Tenant during the times when the Tenant's patrons are allowed to use the same, that the net proceeds will be shared equally between the Landlord and the Tenant. The landlord reserves the right to cancel this Agreement upon the sale of the parking lot property, assignment to Management Company, or if the parking lot is needed for the development of adjacent property, upon giving the Tenant ninety (90) days written notice. The Tenant will allow access, at all tines, to the overhead door to the building located at the rear of said lot commonly known as 264 Oak Street. -2- During special events, such as, but not limited to, Thursday In The Square and New Year's'Eve, the Landlord has exclusive rights to the parking area for purposes of parking revenue; notwithstanding other provisions of the Lease. Landlord will, when possible, reserve space for a limited number of buses and trucks used by performers at the premises and by organizations and groups that provide services to the Tenant in connection with concerts being held at the premises. Whenever the Tenant requests reserved spaces for buses and trucks as aforesaid, the Tenant will pay the daily parking fees for the spaces occupied by the said buses and trucks, and those necessary to get buses and trucks access. 40. The freight elevator in the building is NOT operable and is considered "locked out" and is not to be used by the Tenant or it's patrons. Locks must be kept in place at all times. If the Tenant chooses to bring the freight elevator into compliance for it's use, said compliance, licensing and inspection expenses will be paid by the Tenant with no cost or liability on the part of the Landlord. Written permission from Landlord must be obtained. 41. Exterior Structural Maintenance: Repairs for the premises are the responsibility of the Landlord. The Landlord affirms that the building is in good repair as of the date of the commencement of this Lease. Routine maintenance of the exterior such as replacement of light bulbs, repair of broken glass, and paint is the responsibility of the Tenant. 42. Interior Maintenance: The Tenant will be responsible for upkeep and maintenance. The Tenant ,will purchase and pay for a preventative maintenance service agreement with a qualified heating, ventilation and air conditioning maintenance provider. Tenant will be responsible for the cost of any replacement parts or components to the ITVAC system other than the cost of routine consumable items such as filters and motor belts. The Landlord will be responsible for keeping the electrical and sprinkler systems in good operating condition subject to the Tenant's responsibility regarding the HVAC maintenance system and the Tenant's responsibility for routine maintenance on said systems. Notwithstanding any of the foregoing, the Landlord will not be responsible for any damage or repair necessitated because of vandalism, negligence or intentional damage on the part of the Tenant or on the part of the patrons of the Tenant or for damage caused by the negligence of the Tenant or the Tenant's patrons. 43. This Agreement may be cancelled by the Tenant in the event the Tenant cannot obtain a New York State Liquor License after using all customary and reasonable efforts to obtain said liquor license. Tenant will advise the Landlord in the event that it is unable to obtain said liquor license within ninety (90) days of the commencement of this Lease. Tenant agrees to pay rent for a period of sixty (60) days after giving said notice of the failure to obtain a liquor license. -3- t : 44. Tenant will supply Landlord with a copy of employment applications for all employees of the Tenant for purposes of identification of said employees. The Landlord is to be informed of the identity and address of all contractors and individuals hired by the Tenant to perform work at the premises. In the event of the filing of Mechanic's Lien by any contractor or service provider hired by the Tenant, the Tenant will be responsible for the prompt satisfaction of such lien and all associated costs. 45. Steven Lorenzo, residing at 202 Baynes Avenue, Buffalo, New York 14213; Ronald Coons, Jr., residing at 242 Baynes Avenue, Buffalo, New York 14213; and Ronald Coons, Sr., residing at 10571 Millers Road, Lyndonville, New York 14098 executing this Lease and the Addendum thereto are Guarantors of the payment of the rent as provided on page 1 of the Lease Agreement. Illusions Nightclub and Entertainment Complex, LLC Simon By: Guarantor A� 1 4 tress Landlord M FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS Oct 27, 2009 # I (Rev. 2161) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0 It 9 ,t TO: THE COMMON COUNCIL: DATE: October 7, 2609 " " `� FROM: DEPARTMENT: Administration, Finance, Policy and Urban Affairs DIVISION: SUBJECT: CORRECTION TO AD PRICE PHASE II SENIOR HOUSING PILOT AGREEMENT PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. 28, C.C.P. 69/29/09) This item is a request to correct the A, D, Price Phase li Senior Housing PILOT Agreement, previously approved by your Honorable Body on September 29, 2669. As 60% of the rental units in the Project are affordable to persons earning no greater than 30% of the area median income, the initial PILOT payment is based upon 3% of the projected total income of the project. The original Common Council communication did not indicate the first payment using that percentage. Therefore, permission is requested to reflect the correct first payment percentage and replace the Schedule previously filed with the attached corrected Schedule A. DEPARTMENT HEAD NAME JANET E. PENSKA TITLE: Commissioner of Administration, Finance, Policy and Urban Affairs SIGNATURE OF DEPARTMENT HEAD JEP /ms 0 AD Price Phase It PILOT Calculation SCHEDULE ,4 Year Net Annual. >Rent ? Tatal Annual PILOT CounW Share 25%0.: CitV Share 7.5% 1 $ 536,975 $ 16,109 $ 4,027 $ 12,082 2 $ 553,084 $ 16,593 $ 4,148 $ 12,444 3 $ 569,677 $ 17,093 $ 4,273 $ 12,818 4 $ 586,767 $ 17,603 $ 4,401 $ 13,202 5 $ 604,370 $ 18,131 $ 4,533 $ 13,598 6 $ 622,501 $ 18,675 $ 4,669 $ 14,006 7 $ 641,176 $ 19,235 $ 4,809 $ 14,426 8 $ 660,412 $ 19,812 $ 4,953 $ 14,859 9 $ 680,224 $ 20,407 $ 5,102 $ 15,305 10 $ 700,631 $ 21,019 $ 5,255 $ 15,764 11 $ 721,649 $ 21,649 $ 5,412 $ 16,237 12 $ 743,299 $ 22,299 $ 5,575 $ 16,724 13 $ 765,598 $ 22,968 $ 5,742 $ 17,226 14 $ 788,566 $ 23,657 $ 5,914 $ 17,743 15 $ 812,223 $ 24,367 $ 6,092 $ 18,275 Totals $ 9,987,152 $ 299,615 $ 74,904 $ zz4, r z i Mr. Fontana moved: That the above communication from the Department of Administration, Finance, Policy and Urban Affairs elated October 7, 2009, be received and filed; and The Common Council previously approved the AD Price Phase II Senior Housing Pilot Agreement on September 29, 2009. That the Common Council approves the correction to reflect the correct first payment percentage and replace the Schedule previously filed with the attached Schedule A as more fully described in the above communication. Passed 2 3 TAB:rmv s t:lxV60luaswofdVmiv123c 1 O- 27a.doc *AYE* NO * [--- --- -- - - - --I [MAJ- 5] [2/3 - 6] [3/4- 7] DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS * _ * * * LOCURTO * * * RIVERA * * * RUSSELL, * * * SMITH * * * * * * * * 9 * p *. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING Oct 27, 2009 000`5 hO 'hHI COMMON COUNCIL DATE: October 22, 2009 FROM THE DEPARTMENT: Community Services & Recreational Programming D[VISION: Youth Services SUBJECT: Approval of Funding in the amount of $75,000 with The Buffalo Niagara Convention & Visitors Bureau Foundation ( "CVf3 ") for Program Assistance to The Buffalo Niagara film Commission. The Agreement and Related Funding would be effective; as of July 1, 2009 - June 30, 2010. Prior Council .Reference: Item No. 40, C.C.P., ,Tune 23, 2000 and Item No. 74, C.C.P., July 7, 2009 The City of Buffalo Department of Con inunity Services & Recreational Programming (the "Department ") is positioned to fiend $75,000 to the CVB f'or purposes of funding a portion of the Buffalo Niagara filar Commission's ( "BFNC ") mission in 2009/2010 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York.. Accordingly, the Department requests your I lonorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into an Agreement (the Agreement is to be drawn up by the City of Buffalo's Law Department) and fund $75,000 from the Department to CV13 for purposes ol'partially funding BNFC's 2009 mission to facilitate and expand Mai, television and video production in the City of Buffalo. i 2. Authorize the Department and/or other appropriate City staff to tale all such steps and actions and to execute and /or process such additional documentation and /or modifications thereto as shall be necessary to facilitate appropriate terms and Provisions as are to he contained in the Agreement, I "rest the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation, and 4. Acknowledge that the above referenced prior Common Council actions contemplated that the $75,000 in assistance would flow Pion, the Department thrOLIgh the Police Athletic League of Buffalo, Inc. to BNFC. That plan has been replaced with the above set north plan and there(`ore the Department instead will ( the $75,000 through CV.l:3 for BNFC Purposes. DETARTMI NT I II AD NAME': FI`I'LE: TPJ:JVil:rmv Enclosures rt�3wra+�s r� Tanya Perrin - Johnson Commissioner of Community Services and Recreational Programming Vbuffa Iwy. �;arafifa.cloc SK NX URE3 OF l3l l'AR`1'MI N'I" IIFAD; y '' E F !R � ., ' , CO M, I V `SEE �=NAA 000`'()b Title POSITION ALLOCATION MAINTENANCE FORM o �. f i • F Counselor III Department/Division Community Services/Division of Substance Abuse Services Start Date Original PR No. 2007 -205 Title Code No, 9482 Salary $36 56$.00 Budget Function No. 15507001 -41101 Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) ❑ From Temporary to Provisional ❑ From Temporary to Permanent ® From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other T e of Appointment: Classification ® Permanent ❑ Exempt ❑ Contingent Permanent ® Competitive ❑ Provisional ❑ Non - Competitive. ❑ Temporary Seasonal - rD ""' TME COMMITT Comments � I- Employee Information: Name Barbara J. Jones Address 195 Wyoming St City Buffalo S SA' Im _ DOB qft State NY Ki Code 1.3215 JML44 A Signature of A oint' Authori / Date l Signature of Director of Budget Date Signature of Adm. Director of CIVIL Service r Date Send original copy signed by Dept, head to Budget Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget !i FROM THE CIVIL SERVICE COMMISSION Oct 27, 2009 BYRON W'. BROWN MAYOR October 7, 2009 Common Council City of Buffalo Re. Item ##38 CCP 9115109 "City Employees Receiving Multiple Salaries" Dear Common Council; Cit��at KART -A 1,. 11IC3MAS .. MISSIONFIR O1.,JVJA .,N. LIC ATA This is in response to your correspondence of September 17, 2009 regarding the above CCP Item. Be advised that the Department of Human Resources /Civil Service does not have access to employment records for BURA, BERC, BNRC or any other agency not affiliated with our hiring process. As such, we are not able to verify dual employment of City of Buffalo employees with any of these agencies. The City does not have titles that are "classified' as dual employment. However, some of the positions in the titles of Bridge Operating Engineer and Senior First Class Stationary Engineer, which must be manned 24/7, during their peak season, are filled as either a seasonal, or temporary not to exceed six months, with a limit of 20 - 24 hours per week. When filing these positions, the City has historically allowed dual employment of a full -time permanent city employee to work on a part -time basis, for the limited duration as required. If you have any questions regarding this issue, please call me. Sinc rely, — Karla L. Thomas Commissioner "Hr COMRAIrrEE )m COMWW DL 4zLOPWIENT. 65N [AG ARA SQUARE' / 1001 C TY H AJA, / BUFFA1.(), NY 14202 -3331) / (710) 851 -5900 / FLAX: (716) M1 -5401 000)7 CITY T"Y OF BUFFALO DEPARTMENT OF HUMAN RESOURCES Civil Service Division FROM THE ZONING BOARD OF APPEALS Oct 27, 2009 OOfl'8 CITY OF BUFFALO ZONING BOARD OF APPEALS 901 City Hall: 65 Niagara Square Buffalo, New York 14202 AREA VARIANCE FINDINGS AND DECISION APPLICANT; Pamela Earl as agent for Mr. £3 Mrs. Barry Hene&m APPLICANT ADDRESS: 587 Ashland Avenue, Buffalo, New York 14222 (A) APPEAL CONCERNS PROPERTY AT THE FOLLOWING ADDRESS 171 Middlesex Road Buffalo, New York (B) COUNTY TAX MAP NUMBER. LOT: SUBLOTS : MAP COVER 89.05 -3 -15 (C) Zoning District Classification: R -1 (D) Area for which variance is requested: front yard setback. (E) Applicable Section of Zoning Code: 511- 10(A)(3) (F) Permitted and Requested Area: 25' setback required and requesting 18' foot setback. (G) TEST: No area variance will be granted without a showing by the applicant that the following applicable zoning regulations and restrictions have been met. 1. Whether an undesireable change would be produced in the character of the neighborhood or a detriment to nearby properties wouldd be created by granting of the area variance: Yes No X Proof /Comments: Many of the objections raised during the hearing focused upon the construction of a pool. A pool, however, is a permitted accessory use in an R- 1 district and therefore the applicant is entitled to build a pool. In fact, many properties in the neighborhood already have pools, including the neighboring property. Therefore, the construction of the pool would not create an undesireable change in the neighborhood. The requested area variance simply focuses on the location of the pool. While the pool encroaches within the front yard setback 7, the applicants intend to intensively screon the pool with fencing and landscaping, Furthermore, the orientation and the primary means of ingress and egress to the house are from Hallam Road. Viewed as a side yard, the location of the pool is 3' short of the required side yard setback of 15'. 2. Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than a variance. Yes: No: --- X _ i , b a Proof /Comments: The applicant discussed the considerations that led to the proposed location of the pool and the need for the area variance. Without the setback, the pool would be located either closer to the applicants house or closer to ne'ighbor's house. The area variance mitigates concerns of locating the pool too close to both houses. 3. Whether the requested area variance is substantial. Yes: No: X Proof /Comments: Considered in the context of the application, the 7' variance is not substantial (i.e., no encroaching, residential structure, sufficient screening, 1$' setback remains and if considered side yard meets 15" required setback). 4. Whether the proposed variance will have an adverse affect or impact on the physical or environmental conditions of the neighborhood or district. Yes: No; X Proof /Comments: See comments above. Ire addition, fourteen letters of support from neighbors were submitted by the applicant. 5. Whether the alleged difficulty was self- created, for which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance, Yes:__ No: X Proof /Comments: Applicants live on a corner lot at Middlesex Road and Hallam Road. The address for the property is 171 Middlesex Road, however, the primary means of ingress and egress for the applicant's property is Hallam Road and the residential structure is oriented towards Hallam Road. If the address of the property was Hallam Road, no area variance would be required. The need for the area variance is created by the strictures of the Zoning Code. Rather than require the applicants to change their address to Hallam Road, the ZBA can permit the functional equivalent by granting an area variance. DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS The ZBA, after reviewing the above five proofs, the variance is: [X] Approved. [. Denied. CONDITIONS: The ZBA finds that the following conditions are necessary in order to minimize adverse impacts upon the neighborhood or community, for the reasons following: Condition #1 : Comply with submitted landscape plan. Impact to be minimized Preserve the character of the neighborhood by screening pool. DATEDI f / ° 2009 Buffalo, NY Rev. James A, Lewis Chairman, Zoning Board of Appeals REGOVED AND HUED RECORD OF VOTE MEMBER NAME AYE NAY Chair Reverend James A. Lewis ` x Member Anthony Diina __x Member William Sunderl.in x Member Warren Glover x Member Joseph Pandolfino FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY f . TO: FROM: DATE: SUBJECT: The Common Council of the City of Buffalo Buffalo Municipal Housing Authority October 22, 2009 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR UNIT, AND RESOLUTION NO. 09,10.19.1 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Blue Collar Unit, and Resolution Nos. 09.10.19.1 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. fT D awn E. a nc[4 Executive Director REFERRED TO THE COMMITTEE O C� BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD RESOLUTION MEMORANDUM TO: Commissioners of the Authority FROM: Dawn E. Sanders, Executive Director DATE: October 13, 2009 SUBJECT: RESOLUTION NO. 02-1 .15.5 09.10.19.1 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR UNIT DESCRIPTION OF ACTION TO BETAKEN Members are requested to approve the attached revised Memorandum of Agreement between the Buffalo Municipal Housing Authority and Local 264, Blue Collar Unit, for the period July 1, 2004, through June 30, 2011. BACKGROUND /HISTORY The original Memoranda of Agreements between the BMHA and Local 254, Blue Collar, White Collar and Managerial Units, were approved by the BMHA Board of Commissioners and the Common Council of the City of Buffalo on April 5, 2009, and May 12, 2009, respectively. The Buffalo Fiscal Stability Authority subsequently rejected the agreements at their meeting held on May 13, 2009. The parties resumed negotiations; and after an extensive period reached revised agreements with all three bargaining units. The revised agreement with the Blue Collar Unit provides for additional union concessions including a residency requirement for duration of employment for new hires, a reduced upgrade for Assistant Superintendents and more stringent requirements for retiree health insurance. WHEREAS, the BMHA Board of Commissioners approved the original successors bargaining agreements between the BMHA and AFSCME, Local 254, Blue Collar, White Collar and Managerial Units at a meeting held on April 6, 2009; and WHEREAS, the Common Council of the City of Buffalo approved the original successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 12, 2009; and WHEREAS, the Buffalo Fiscal Stability Authority rejected approval of the successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 13, 2009; and WHEREAS, representatives of the Buffalo Municipal Housing Authority and AFSCME, Local 264, resumed negotiations after the agreements were rejected by the Buffalo Fiscal Stability Authority; and ? WHEREAS, successor revised agreements between the BMHA and AFSCME, Local 264, representing Blue Collar, White Collar and Managerial Unit employees were reached on October 9, 2009; and WHEREAS, members of Local 264,Blue Collar, White Collar and Managerial Unit employees will vote to ratify the agreements on October 21, 2009; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COMMISSIONERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY: hereby rescinds the previously approved Memorandum of Agreement between the BMHA and AFSCME, Local 264, Blue Collar Unit, and approves the revised agreement for the Blue Collar Unit employees for the period July 1, 2004 through June 30, 2011, contingent upon ratification from the Blue Collar Unit members and approvals from the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority. TO: Theresa Spagna DATE: October 16, 2009 The following action was taken at the Authority Meeting of October 15, 2009 regarding the above matter. Approved Disapproved Tabled x Receive & File Ratified Other Remarks: ...... I 1 E _cutive Director cc: Modesto Candelario Paul Wolf, Esq. Theresa Spagna Removed from the tabled and approved at the Special Meeting of the Authority held October 19, 2009. /i MEMORANDUM OF AGREEMENT BETWEEN J31IFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL, 264, AFL -CIO, WHEREAS, AFSCME, Local 264 (hereinafter "the Union ") is a party to litigation filed in U.S. District Court (WDNY), New York State Supreme Court, and improper practice and arbitration proceedings under the Public Employment Relations Board in connection with various claims against the Buffalo Municipal Housing Authority (hereinafter "the Authority "). The .Authority and the Union may be referred to herein as the "Parties "; and WHEREAS, the Authority has raised those issues in connection with the Parties' negotiations for a successor agreement and desires to resolve all outstanding litigation as referred to below through the process of collective negotiations; and WHEREAS, the Parties have so engaged in collective negotiations in connection with the terms and conditions of employment and in anticipation of reaching a successor agreement for the period effective July. 1, 2004 through. June 30, 2011; and WHEREAS, the Union agrees to accept the terms contained in the Parties' agreement in full satisfaction of all claims asserted as set forth in paragraph 1 and 2 below; THEREFORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The Union hereby releases each and every claim that was asserted or which could have been asserted, in the following lawsuits and also agrees that it will discontinue with prejudice as a (or intervenor) in said lawsuits, and not proceed with pending or further appeals in connection with said lawsuits: W.D.N. Y. Index No. 04- CV- 0753S(F) AFSCME, Local 264 et al, v. Tobe, et al. Regarding the Wage Freeze The Union hereby agrees that they now withdraw and release, the actions, chargcs, grievances, proceedings, improper practice charges, demand for arbitrations or pending arbitration proceedings filed prior to the date of execution of this agreement as outlined in the list attached as Exhibit A. The Union hereby releases any claims asserted, or which could have been asserted in any such matters and agrees to discontinue as a party to any such matters with prejudice without precedent as to future matters. 2. G�� kff fz� With regard to the hatters addressed in Paragraphs 1 and 2, above, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or proceedings in the future relating to any circumstances known to local 264 that existed on or before the execution date of this settlement memorandum. However, regarding similar natters that occur in the future, the Union reserves its rights. 4. Upon agreement by the parties, this document will serve as Local 264's consent to the discontinuance of these matters in Paragraphs 1 and 2, above. The Union and its President Bill Travis further agree that they will take all additional steps necessary to implement the terms of the disposition of those matters. 5. This Memorandum of Agreement shall be deemed to be included as a component of the Parties' tentative agreement for a successor collective negotiations agreement for the period July 1, 2004 through June 30, 2011. All current language and benefits shall remain in effect except for those items amended by this Agreement. 6. This agreement will be incorporated into the panties' collective bargaining agreement and is subject to ratification by the Union membership and BFSA approval. 7. It is expressly understood that no provision of this agreement, including those items contained in documents incorporated by reference herein, whether in whole or in part, shall be enacted prior to the ratification ofAFSCME Local 264 and approval by the Buffalo Municipal Housing Authority Board of Directors and approval by the Buffalo Common Council and approval by the Buffalo Fiscal Stability Authority. Dated: October / / , 2009 Dawn. E. Executi Michael Seaman Chairman OP 2- For Local 264: Bill Travis President U'� I r i 1 MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO This Agreement shall be effective as of the first day of July 2004, and shall remain in full force and effect until the thirtieth day of June 2011. It shall be automatically renewed froin year to year thereafter unless either party shall notify the other, in writing, at least one hundred fifty (15 0) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THERFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IT IS EXPRESSLY UNDERSTOOD THAT NO PROVISION OF THIS AGREEMENT, INCLUDING THOSE ITEMS CONTAINED IN DOCUMENTS INCORPORATED BY REFERENCE HEREIN, WHETHER IN WHOLE OR IN PART, SHALL BE ENACTED PRIOR TO THE RATIFICATION OF AFSCME LOCAL 264 AND APPROVAL BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF DIRECTORS AND APPROVAL BY THE BUFFALO COMMON COUNCIL AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY. IN WITNESS WHEREOF, the parties mutually set their hands to this agreement Day of October, 2009. / FOR AFSCME, LOCAL 264 FC; ii Travis, President Da Suzanne Piccolo, 2" Vice President Mi Director U Rhonda Cam -non, Chapter Chair, BMHA White J� �pb Snyde Clialtter Chair, BMHA Supervisors Elaine Garbe Chapter Chair, BMHA Managers -4- % IV�lodesto C tdelario, Asst. Execive Director Theresa Spagna Dem- K Ltecutive Director Personnel LIM11 i� i MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTIIORITV AND AFSCME, LOCAL 264, AFL -CIO Prior to printing of the consolidated contracts the parties agree to review the contract and eliminate or clarify any outdated language. ALL BARGAINING UNITS 1) (WaLeS) Adjust the wage schedule as follows: July 1, 2004 through June 30, 2007 - no change Effective July 1, 2007 - 3% wage increase Effective July 1, 2008 - $2, 000 salary increase and then 3% wage increase Effective July 1, 2009 - 3% wage increase . Effective July I, 2010 - 3% wage increase Effective July 1, 2007, each employee, as applicable, shall be brought up to the wage schedule step that the employee would have been on had it not been for the imposition of the wage freeze by the Buffalo Fiscal Stability Authority. All employees hired after the date of contract ratification by all parties including the BFSA will be on a seven (7) step salary schedule. The salary increases set forth above shall be contingent on the satisfactory discontinuance with prejudice but without precedent of all pending litigation, outstanding grievances, Improper Practice Charges as set forth in paragraph 1 and 2 of the attached Memorandum of Agreement, 2) Direct deposit Add the following new Article III, Section 1(K): "The Authority shall be permitted to establish a direct deposit pr°ograrn, for• payment of compensation in accordance with Section 192 of the New York State Gabor Law. Employee's will have the choice of the Financial Institution they wish to use, " 3 Record of time worked: Add the following to Article Ill, Smtion 2(B): "The Authority shall he permitted to implement processes and procedures in order for employees to record tinne worked, including with regard to specific tasks or duties." 4) Vacations: Modify Article V, Section 1 first two paragraphs by: All employees hired after contract ratification by all parties including the Bl'SA will be subject to the following schedule: ' , r r n Years o Service Len th o Vacation 1- S years 2 week 6 - 15 years 3 weeks 16-t years 4 weeks BMHA will move ALL employees to a alIonthly accrual system. Current employees will maintain the current vacation rate of accumulation. Article K Section I .shall be modified so that vacation requests for July and August shall not exceed two (2 ) consecutive weeks for any employee. Special request can be made for three consecutive weeks of vacation. It shall be the responsibility of each employee to request his or her vacation by January 31 of each year for vacation tinge sought for the period between March and the following February. Employees are to select their preferred vacation dates with alternate second choice. C'oq licts shall be resolved on the basis of Seniority within the employee ,s job title and location for requests received by .January 31. Any vacation request after danuary 31 will be considered on a first comes first serve basis. The approved vacation schedule far March until the following February will be posted no later than March P. All vacation requests are subject to the approval of the Executive Director or his/her designee. Any employee who is at their maximum allowable vacation accumulation, that has vacation requests denied, will not lose their vacation time for I year. Upon retirement an employee will not be paid for more than their maximum two years worth g fvacation accumulation, plus any Vacation Deserve Bank they way have. The Vacation Reserve Bank currently in place through the existing Collective Bargaining; Agreement will remain in effect. 5) Sick leave bank Delete Article VI Section. 2. replace with: In order to be eligible to contribute in the sick bank employees must; Have a minimum of'5 sick days accumulated The sick bank will be established with an up to 50 days limit. A 30 day extension nnay be provided at the discretion of the Executive Director. G) Personal Leave Modify Article I /II Section 3 to provide that effective July 1, 2010 all employees will be entitled to the following annual accumulation schedule: YearI ------------------------------------------------------- - 2days Year2 ---------- --------------------------------------- - - - - -- 3 days Year3-4 ----------------------------------------------- - - - - -- 5 days 7) Active employee health insurance {Article XI ) Modify Article XII, Section l by replacing the first threc paragraphs witb the following: Effective as soon as possible following the final approval of this agreement, the BMHA shall provide health insurance through a single provider (currently Blue Cross/ Blue Shielco to all eligible employces through the 204 Plan, with a $'5/ 15/$30 prescription drug benefit. Einplgyees hired after contract ratification, 4 shall contribute 15% of the preinimn cost,for family coverage and 15% for single coverage of'the plan per month through payroll deduction. f<or all employees that obtain health insurance through the BMHA, the BMHA agrees to contribute annually 50% of the d fference between the cost of the 201 plan and the 204 plan or any successor plan into a 105-h plan consistent with IRS rules and regulations. The sharing of health care savings into a 105 - h plan ends at retirement. The Authority reserves the right to change carriers upon notice to the Union, provided that the overall level of benefits shall be equal to the coverage provided at the titre of the change, In the event the Authority and the Anion disagree as to whether the overall level of benefits provided by a successor plan are equal the issue shall be presented to an arbitrator for a determination. Also modify Article X11, Sections 5 and 6 to provide that the rebate payment .set,forth therein (8720) per year) will be increased to $1,200. 8) Retiree health insur'ance_c_overag : The proposal mentioned below will be effective 60 days after contract approval by the Buffalo Fiscal Stability Authority. Modify the Article XII, Scctian 8 to read as follows: "Employees who retire on or after contract ratification who retire into the New York State Employees Retirement System directly from employment with the Author jot shall be entitled during retirement to the same medical health benefit coverage andprescription benefit coverage provided at the time of retirement according to the schedule below. The sharing of savings into a 105 -h plan that was in effect for active employees will end at retir•ement.Any funds retraining in a 105 -h account upon retirement can still be utilized by a retiree pursuant to IRS laws and regulations. 10 plus years of BMHA Service for existing employees at no employee cost; Existing employees who retire with less than 10 years of BMHA Service will contribute 10% of the WHA 's cost for the plan; Employees hired after ratification of this contract who retire with 1.5 plus years of service at the BMFIA will contribute 15% of'the BMIIA ;s cost for the plan. Employees hired after ratification of this contract who retire with less than 15 years ofservice at the BMHA will contribute 25% of the BAIIHA's cost for the plan, Such coverage shall be on a single plan basis only for retirees who, at the tune of retirement, are provided a single plan, and retirees who retire with a family plan will be provided a fainily plan during retirement for so long as qualified under the terms of the plan with the limitation that such retiree not be per ^milted to add any new covered spouse or dependents to the retiree coverage plan. Retirees who retiree after ratification of this contract who are provided such coverage shall be required to subscribe to Medicare options as soon as qualified in order that Medicare will becoinc the retiree's priinar)T coverage to the extent possible, and may also be placed in a Senior Blue product equal to or better than the existing plan, at the option of the Authority, as soon as practicable. In the event the Authority and the Union disagree regarding the overall level of benefits provided by a Senior Blue product, the issue shall be presented to an arbitrator for a determination. Employees who retire before June 30, 2018 will have the option to enroll in the 201 plan or its successor equivalent upon retirement at no cost of the employee as outlined in the payment schedule listed above, n r -7- a` ✓J I � 9) Layoff /Recall Moclify Article XIV, Sections 4, 5 and 6. Layoff /Recall for employees classified as Competitive shall be clone in accordance with Civil Service Law. Employees classified as Non Competitive and who have successfully completed their probationary period shall be subject to layoff /recall by inverse seniority. 10 Tens orary vacancies: Amend Article XV, Section 2A, to reflect our current existing practice: Whenever an employee is assigned to fill a temporary vacancy, he shall be paid pw - suant Article 111 Section 4. Amend Article XV, Section 2B to "vacancy will be filled from one of the top 5" Modify .Article III Section 4 to reflect our current practice that an employee who is promoted or appointed to a higher level position shall receive at minimum the lowest increment in the higher job grade that represents at least a $1,000 increase. 11 A plication to fill vacane : Article XV, Section 1(E) shall be modified to read as follows: "An employee may apply, in writing, for such position and submit such application to the Personnel Director" 12 Vacan_eles Article XV, Section I (E) shall be modified to "vacancy will be filled from one of the top 5" 13) Bumping, Reoriener: Arnend Article XV, Section 4 to "in accordance with Civil Service Law ", Section 5 to be deleted. 19 Union activities during work fours: Article XVIII, Section 1(A) shall be modified by adding the following: "The Avthorio) duty deny request for- union activio leave if exigent circumstances exist. Approval of Union leave tune shall not be unreasonably withheld. " 15 Sp ecial etner eitev or hohda : In Article XXX, replace "Mayor" with "BMHA Executive Director," and replace "City of'Buffalo" and "City Nall" with "BMHA Administrative Offices." 16) Probationary Period Modify Article XIV, Section 2 to provide that the probationary period. for open competitive and promotional appointments shall be. not less than 2 months and not more than 12 months in accordance with rules of New York State Civil Service Law. 17 Vacation Sell Back : Add the following to Article V: "Employees niay request in writing with Authority approval to sell back up to one (1) week of vacation per" year at the employee's regular daily wage rate for that year less usual deductions. �l t� 18) Domicile Article XXXVIII is amended to state that employees fired after ratification of this Agreement must have a City of Buffalo domicile at the time of examination and appointment and must continue such domicile during the duration of their employment with BMIIA. -9- MANAGERIAL UNIT ONLY 1) (Wa -ae ] Effective upon ratification of this agreement in addition to the wage adjustments stated in paragraph 1, a $2,200 salary upgrade. Such upgrade is to include but not limited to: • Acknowledge the expansion of job responsibilities (Management and Maintenance) Supervision of Assistant Superintendent • Attend meetings after normal business hours such as Tenant Council meetings, Common Council meetings, BMHA Open Houses etc. (ability to flex schedule) • Manage budget • Overall responsibility for the performance of the property. 2) (work hours Amend Article III, Section 2A to state: The normal workday for employees in this bargaining unit shall consist of not more than eight (8) hours which includes one (1) hour lunch period except for the period commencing the first da of Jul } and ending the first Monday of September of each year during which period of tine each year the hours of employment shall be reduced one -half hour at the end of the assigned shift. The employees in this bargaining unit, subject to the Executive Director approval or the approval of the Executive Director's designee shall.be able to work an eight -hour schedule as follows: 7:30 a. n7. to 3:30 p.m, 8:00 a. ni. to 4:00p. n., 8:30 a, m, to 4: 30 p. m. or 9:00 a.m. to 5:00p, m. Employees of this bargaining unit must be available to address issues in their property between normal business hours of 8:30 ANI — 4:30 PM. The Executive Director or designee may change an employee's work schedule provided that the employee is provided .six months notice of the schedule change. 4 schedule change will remain in effect for at least one year. 3) (Auto Allowance) Article XIX Employees authorized by their Department Head to use their personal automobile on a regular basis will be reimbursed at a monthly rate of $225. All Housing Managers will receive a monthly auto allowance. Z -10- WHITE COLLAR UNIT ONLY 1) (Ho€rsina Aide Wages) Effective upon ratification of this agreement ratification date in addition to the adjustment stated in paragraph 1, a $ 1,200 salary upgrade will be applied to the Housing Aide: salary schedule. Such upgrade is to include but not limited to acknowledge the expansion of job responsibilities as outlined in the document attached as Exhibit B: 2) (Crime Analyst) Amend Article III, Section 2 of the contract by adding the title of Crime Analyst. The Crime A nalyst, may be required to attend prescheduled Tenant Council meeting without being paid overtime or compensatory time and will be allowed to arrange their schedule to attend the meeting. 3) (Phone IZOom) The Authority shall have the option of having a Phone Room and establishing Phone Room hours of operation. Job titles assigned to the Phone Room will be detennined by tire. Executive Director or designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Room are Dispatcher, Clerk Aide, Complaint Clerk, Telephone Operator, Typist, Account Cleric Typist and Senior Account Cleric. Typist. In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of .Local 264 titles as described above. in the event a vacancy occurs in the Phone Roo €n other than the Monday — Friday, day shift, the shift will be posted. The vacancy will be filled by seniority of employees assigned to the Phone Room or by inverse . seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted and filled by inverse seniority, first from the above listed titles that are included on the voluntary overtime wheel and then if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the Phone Room will be offered by rotation from the Phone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving in the above titles. The volunteers will be added to the second voluntary overtime wheel after they have received sufficient training in the Phone Room. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted. Phone Room employees working a shift other than a Monday - Friday day shift shall be paid a $35 shift differential. The Dispatcher position in the Phone Room will only be eliminated though attrition if the BMIIA determines the position is no longer required. The Cleric Aides currently working in the Phone Room will continue their existing assignment and will only be eliminated through attrition or promotion. This proposal replaces the previously agreed upon Phone Room stipulation dated 1212$105. 4 Hours of Work Article III Section 2A is modified to state: The normal workday for employees in this bargaining unit shall consist of not more than eight (8) hours which includes one (I) hour lunch period except, for the period commencing the first day of July and ending the first Monday of September of each year during which period of time each year the fours of employinent shall be reduced one -half hour at the end of the assigned slzr t. The employees in this bargaining unit, subject to the Executive Director's approval or the approval of t/ Z--' the Executive Director's designee shall be able to work an eight -hour .schedule as follows: 8: 00 a. in. to 4:00 p. ni., 8:30 a. m. to 4: 30 p. m. or 9:00 a. m. to 5:00 p. n7. The Executive nirector� or designee may change an employee's work schedule provided that the employee is provided six months notice of the schedule change. A schedule change will remain in effect for at least one year, 5) (Auto Allowance) Article XIX All Housing Aides assigned to the following developments: Jasper Parrish, LaSalle Courts, Commodore Perry Ext., Mullen Manor, Slater Courts, AD Price, Langfield, Konlield, Frederick Douglass, Sedita and the Stuyvestant, and any other employee represented by this bat unit assigned to use their personal automobile for Authority business on a regular basis wili receive an automobile allowance at a monthly rate of 9225, Ei ployees of this bargaining unit who are not assigned as regular drivers will be reimbursed at the IRS rate. _ 111 �-- {+ j : BLUE COLLAR UNIT ONLY 1) (Hours of Work Replace Article 111, Section 2(B) to read as follows: The Buffalo Municipal Housing Authority may at its discretion maintain a seven day operation. The Authority will determine the titles and numbed of employees, The Authority will determine by April 1" of each year, whether a seven day operation will occur for the fiscal year beginning on July 1" and will notify the Union ill writing of the same. The Authority may establish and /or terminate a second shift and inust notify the Union by April I" of each year. If establishing a second shift the BMHA. shall post a list of titles and the number of positions. The positions shall be filled by seniority. If there are no volunteers the shift will be filled by inverse seniority, All employees working a second shift shall be paid a $35 shift differential, 2) (Asst. Superintendent On CalAl In addition to the adjustment stated in paragraph 1, Assistant Superintendents will receive an upgrade of $1,000. The upgrade will be in replacement of the current practice of receiving four hours straight time for on -call assignment. Being on -call will be rotated among the Assistant Superintendents no more than seven times a year and will include designated Authority holidays, Assistant Superintendents who are called into work after normal work Hours will receive overtime pay as specified in the current contract. The Assistant Superintendents may be required to attend prescheduled evening meetings such as Tenant Council meetings, Common Council meetings, BMHA Open Houses and will. flex their schedule to avoid overtime. All Assistant Superintendents will be provided a BMHA eel:4-phax to conduct Authority business. �J 3 Safer Shoes Modify Article XXII / L✓ J Every October I" but no later than October 31 of each year, eligible employces will receive a $75 c edit in a form to be determined by the Authority for the purchase of steel toed safety slides at a vendor selected by the Authority. 4 ) (Uniforms Modify Article XXIi Every October I" but no later than October 3 1" of each year, eligible employees of the Blue Collar Bargaining Unit bargaining unit and Assistant Superintendents will receive a $150 credit in a form to be determined by the Authority for the purchase of BMHA shirts, t- shirts, pants and jackets as outlined per the Collective Bargaining Agreement, 5) (Phone Room) The Authority shall have the option of having a Phone Room and establishing Phone Room hours of operation. Job titles assigned to the Phone Room will be determined by the Executive Director or designee and must be members of Local 264 and shall be, limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Room are Dispatcher, Clerk Aide, Complaint Clerk, Telephone Operator, Typist, Account. Clerk Typist and Senior Account Clerk Typist. In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of Local 264 titles as described above. 1 (:4 ,1 1 In the event a vacancy occurs in the Phone Roorn other than the Monday -- Friday, day shift, the shift will be posted. The vacancy will be filled by seniority of employees assigned to the Phone Room or by inverse seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted and filled by inverse seniority, first from the above listed titles that are included on the voluntary overtime wheel and than if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the Phone Room will be offered by rotation froin the Phone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving in the above titles. The volunteers will be added to the second voluntary overtime wheel after they have received sufficient training in the Phone Room. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted. Phone Room employees working a shift other than a Monday - Friday day ,shift shall be paid a $.75 shift differential. The Dispatcher position in the Phone Room will only be eliminated through attrition if the BMHA determines the position is no longer required, The Clerk Aides currently working; in the Phone Room will continue their existing assignment and will only be eliminated tha attrition or promotion, This proposal replaces the previously agreed upon Phone Room stipulation dated 12/2$/05. IN WITNESS WHEREOF, the parties mutually set their hands to this agree -orient on the L 7 Day of October, 2009, FOR AFSCME, LOCAL 264 Bill Travis, President S Wona n, Union Steward Elaine Garbe Chapter Chair, BMHA Managers 3 e h Snyde Ch ter Chj air, BMHA Supervisors r q � .or Theresa Spagr�a Deputy Executive Director Personnel aulaul Wolf, rbz oral Counsel - 14 - `� Ivlodesto andelario, Asst. Exe utive Director l�3 EXHIBIT A Local 264 Grievances & Imp Practice Charges Bein Dropped, Grievances HW —08 -07 (Wage Increment) HB- 05--07 (Wage Increment) HM -05 -07 (Wage Increment) HB -02 -09 (Snow Removal) HB- -08 -08 (Dispatcher Duties) HW - 07 - 08 (Dispatcher) HB -01 -08 (Union Leave Time) HB -05-08 (Seasonal Laborer) HM -03 -07 (Senior Manager) HB -04 -08 (Medicare Part B, withdrawn as to active employees only) HW -08 -08 (Housing Aide Job Reval) HM -01 -08 (Manager Job Reval) HM -02 -08 (Managers Supervising Assist. Supt) improper Practice Char e5 U- .28115 (Union Leave Time) U -27797 (Asset Manager) CP -1145 (Asset Manager) U -28686 (Building Supt.) U -28065 (Assist. Supt.) w _ BMHA EXHIBIT B HOUSINGAIDE OCCUPANCY SPECIALIST JOB DUTY COMPARISON OUSING AIDE OCCUPANCY SPECIALIST Processes applications and makes final determination of fay assists in duties relating to Tenant Selection and eligibility for individuals seeking residency in public housing larketing; developments; -application intake, classification, offering; Application intake, classification, offering; - Schedules and interviews applicants and /or tenants, Schedules and interviews applicants; gathers verification needed to determine eligibliy including Gathers verification needed to determine eligibility including ;sessment checks, landlord references, income verifications, assessment checks, landlord references, income verifications, iseworker reports, ID's, custody papers, social security cards, caseworker reports, ID's, custody papers, social security cards, - edit checks, police checks, etc; credit checks, police checks, etc; -forwards completed files for review, determination, unit Reviews completed files and make final eligiblity ;signment to higher ranking staff; determination and unit assignment; ssists in annual recertification survey at the site evelopment office; Manage unit inventory and assignment; verifies income information and family composition and )mpares with information obtained from EIV system to etermine total family income, send out third party as eeded; Transfer offers and placements; - determines and tracks adjustments to rent and Section S ibsidies; May facilitate Tenant Review Board hearings; - processes intitial recertification package and monthly pdates; May conduct administrative reviews of denied files; -update all family and income information, apply correct ayment'standard and utility allowance; Related work as required. -track inspections for completeness; -enter updated information in MLS; - assist in correcting errors reported in PIC system; - manage transfer requests, update all household and income iformation, send a notice to the landord; -may prepare and conduct tenant and /or landlord briefings provide required information on the Section 8 program to articipants. Prepare vouchers for distribution at the briefing; - obtain a copy of the lease and send NAP contract for Ignatu re; -sends files out for leasing after they have been reviewed and pproved by higher staff; ivestigates complaints and inquiries; addresses and assists in solving issues with tenants; - answer tenant and landord inquiries; r �..•.,..,.:,� ,.�.., ..r,,,rA;nn +�.,�, of rnmm[fYtity serUic.F 82enC19S; l �f dIVIHA HOUSING AIDE OCCUPANCY SPECIALIST JOB DUTY COMPARISON MOUSING AIDE OCCUPANCY SPECIALIST -as a result of inspections submits work orders for approval end inputs into computer; - prepares and maintains records and reports relating to n¢nPrfinn nrn( -P.S %ssists and particiates in lease enforcement and when jecessary eviction process; Assists in the review of Housing Authority policies and applicable regulatio Assists and participat in collecting of delinquent accounts; Assists and participates in filing of warrants and petitions in Citv Court; Assists and participates in setting rents and leasing units in accordance with Authority policy Mind applicable law; Maintains files and records relating to tenants and aonlicants; Prepares correspondence; of requesting the purchase of goods or services Related work as required. - — , 4 &, //_�) -tor k a .> 1 TO: The Common Council of the City of Buffalo FROM: Buffalo Municipal Housing Authority DATE: October 22, 2009 SUBJECT: TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, MANAGERIAL UNIT AND RESOLUTION NO. 09.10.19.3 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Managerial Collar Unit, and Resolution No. 09.10.193 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units s well as items that are specific to each individual unit. Dawn E. Sanders Executive Director REFERRED T0% THE COMMITTEE ON 04A E, i f BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD RESOLUTION MEMORANDUM TO: Commissioners of the Authority FROM: Dawn E. Sanders, Executive Director DATE: October 13, 2009 SUBJECT: RESOLUTION NO. 09. 1 () . 15.7 09.7.0.19.3 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, MANAGERIAL UNIT DESCRIPTION OF ACTION TO BE TAKEN Members are requested to approve the attached revised Memorandum of Agreement between the Buffalo Municipal Housing Authority and Local 264, Managerial Unit, for the period July 1, 2004, through June 30, 2011. BACKGROUND HISTORY The original Memoranda of Agreements between the BMHA and Local 264, Blue Collar, White Collar and Managerial Units, were approved by the BMHA Board of Commissioners and the Common Council of the City of Buffalo on April 6, 2009, and May 12, 2009, respectively. The Buffalo Fiscal Stability Authority subsequently rejected the agreements at their meeting held on May 13, 2009, The parties resumed negotiations; and after an extensive period reached revised agreements with all three bargaining units. The revised agreement with the Managerial Unit provides for additional union concessions including a residency requirement for duration of employment for new hires, a reduced upgrade for Housing Managers and more stringent requirements for retiree health insurance. WHEREAS, the BMHA Board of Commissioners approved the original successors bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on April 6, 2009; and WHEREAS, the Common Council of the City of Buffalo approved the original successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 12, 2009; and WHEREAS, the Buffalo Fiscal Stability Authority rejected approval of the successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 13, 2009; and WHEREAS, representatives of the Buffalo Municipal Housing Authority and AFSCME, Local 264, resumed negotiations after the agreements were rejected by the Buffalo Fiscal Stability Authority; and WHEREAS, successor revised agreements between the BMHA and AFSCME, Local 264, representing Blue Collar, White Collar and Managerial Unit employees were reached on October 9, 2009; and WHEREAS, members of Local 264,B1ue Collar, White Collar and Managerial Unit employees will vote to ratify the agreements on October 21, 2009; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COMMISSIONERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY: hereby rescinds the previously approved Memorandum of Agreement between the BMHA and AFSCME, Local 264, Managerial Unit, and approves the revised agreement for the Managerial Unit employees for the period July 1, 2004 through June 30, 2011, contingent upon ratification from the Managerial Unit members and approvals from the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority, TO: There Spagna DATE: October 16, 2009 The following action was taken at the Authority Meeting of October 15, 2009 regarding the above matter, Approved Disapproved Remarks: cc: Modesto Candelario Paul Wolf, Esq. Theresa Spagna Tabled _T Receive & File Ratified Other 4-2� i I Executive Director Removed from the table and approved at the Special Meeting of the Authority held October 19, 2009 (- A" /)--, ..". -xec at ive D recto rf 1 1 BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD RESOLUTION MEMORANDUM TO: Commissioners of the Authority FROM: Dawn E. Sanders, Executive Director DATE: October 13, 2009 SUBJECT: RESOLUTION NO. nA _ 1 n _ 15.7 09.10.19.3 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, MANAGERIAL UNIT DESCRIPTION OF ACTION TO BE TAKEN Members are requested to approve the attached revised Memorandum of Agreement between the Buffalo Municipal Housing Authority and Local 264, Managerial Unit, for the period July 1, 2004, through June 30, 2011. BACKGROUNDMISTORY The original Memoranda of Agreements between the BMHA and Local 264, Blue Collar, White Collar and Managerial Units, were approved by the BMHA Board of Commissioners and the Common Council of the City of Buffalo on April 6, 2009, and May 12, 2009, respectively. The Buffalo Fiscal Stability Authority subsequently rejected the agreements at their meeting held on May 13, 2009. The parties resumed negotiations; and after an extensive period reached revised agreements with all three bargaining units. The revised agreement with the Managerial Unit provides for additional union concessions including a residency requirement for duration of employment for new hires, a reduced upgrade for Housing Managers and more stringent requirements for retiree health insurance. WHEREAS, the BMHA Board of Commissioners approved the original successors bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on April 6, 2009; and WHEREAS, the Common Council of the City of Buffalo approved the original successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 12, 2009; and WHEREAS, the Buffalo Fiscal Stability Authority rejected approval of the successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 13, 2009; and WHEREAS, representatives of the Buffalo Municipal Housing Authority and AFSCME, Local 264, resumed negotiations after the agreements were rejected by the Buffalo Fiscal Stability Authority; and WHEREAS, successor revised agreements between the BMHA and AFSCME, Local 264, representing Blue Collar, White Collar and Managerial Unit employees were reached on October 9, 2009; and WHEREAS, members of Local 264,Blue Collar, White Collar and Managerial Unit employees will vote to ratify the agreements on October 21, 2009; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COMMISSIONERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY: hereby rescinds the previously approved Memorandum of Agreement between the BMHA and AFSCME, Local 264, Managerial Unit, and approves the revised agreement for the Managerial Unit employees for the period July 1, 2004 through June 30, 2011, contingent upon ratification from the Managerial Unit members and approvals from the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority. TO: DATE: October 16 2009 The following action was taken at this_ Authority Meeting of October 15, 2009 regarding the above matter. Approved _ Disapproved Remarks: cc: Modesto Candelario Paul Wolf, Esq. Theresa Spagna Tabled x Receive & File Ratified Other Executive pirect6r Removed from the table and approved at the Special Meeting of the Authority held October 19, 2009 E `l 1� MEMORANDUM OF AGREEMENT BETWEEN BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO, WHEREAS, AFSCME, Local 264 (hereinafter "the Union ") is a party to litigation filed in U.S. District Court (WDNY), New York State Supreme Court, and improper practice and arbitration proceedings under the Public Employment Relations Board in connection with various claims against the Buffalo Municipal Housing Authority (hereinafter "the Authority "). The Authority and the Union may be referred to herein as the "Parties "; and WHEREAS, the Authority has raised those issues in connection with the Parties' negotiations for a successor agreernent and desires to resolve all outstanding Iitigation as referred to below through the process of collective negotiations; and WHEREAS, the Parties have so engaged in collective negotiations in connection with the terms and conditions of employment and in anticipation of reaching a successor agreement for the period effective July 1,.2004 through June 30, 2011; and WHEREAS, the Union agrees to accept the terms contained in the Parties' agreement in full satisfaction of all claims asserted as set forth in paragraph 1 and 2 below; THEREFORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: The Union hereby releases each and every claim that was asserted or which could have been asserted, in the following lawsuits and also agrees that it will discontinue with prejudice as a (or intervenor) in said lawsuits, and not proceed with pending or further appeals in connection with said lawsuits: W.D.N. Y. Index No. 04- CV- 0753S(F) AFSCME, Local 264 et al, v. Tobe, et al. Regarding the Wage Freeze 2 The Union hereby agrees that they now withdraw and release, the actions, charges, grievances, proceedings, improper practice charges, demand for arbitrations or pending arbitration proceedings filed prior to the date of execution of this agreement as outlined in the list attached as Exhibit A. The Union hereby releases any claims asserted, or which could have been asserted in any such matters and agrees to discontinue as a party to any such matters with prejudice without precedent as to future; matters. /"?U 4 � 3. With regard to the matters addressed in Paragraphs 1 and 2, above, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or proceedings in the future relating to any circumstances known to local 264 that existed on or before the execution date of this settlement mernorandum. Bowever, regarding similar matters that occur in the future, the Union reserves its rights. 4. Upon agreement by the parties, this document will serve as Local 264's consent to the discontinuance of these matters in Paragraphs 1 and 2, above. The Union and its President Bill Travis further agree; that they will take all additional steps necessary to implement the terms of the disposition of those matters, This Memorandum of Agreement shall be decreed to be included as a component of the Parties' tentative agreement for a successor collective negotiations agreement for the period July 1, 2004 through June 30, 2011. All current language and benefits shall remain in effect except for those items amended by this Agreement, 6. This agreement will be incorporated into the parties' collective bargaining agreement and is subject to ratification by the Union membership and BFSA approval. 7. it is expressly understood that no provision of this agreement, including those items contained in documents incorporated by referenceb.erein, whether in whole or in part, shall be enacted prior to the ratification of AFSCME Local 264 and approval by the Buffalo Municipal Bousing Authority Board of Directors and approval by the Buffalo Common Council and approval by the Buffalo Fiscal Stability Authority. Dated: October V, 2009 For Local 264: Dawh E. Bill Travis President Michael Seaman Chairman ^ -2- MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL-CIO This Agreement shall be effective as of the first day of July 2004, and shall remain in full force and effect until the thirtieth clay of :Cline 201 L It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, at least one hundred fifty (150) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THERFOR, SMALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IT IS EXPRESSLY UNDERSTOOD THAT NO PROVISION OF THIS AGREEMENT, INCLUDING THOSE ITEMS CONTAINED IN DOCUMENTS INCORPORATED BY REFERENCE HEREIN, WHETHER IN WHOLE OR IN PART, SHALL BE ENACTED PRIOR TO THE RATIFICATION OF AFSCME LOCAL 264 AND APPROVAL BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF DIRECTORS AND APPROVAL BY THE BUFFALO COMMON COUNCIL AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY. IN WITNESS WHEREOF, the parties mutually set their hands to this agreement Day of October, 2009. FOR AFSCME, LOCAL 264 d ill Travis, President Suzanne Piccolo, 2" Vice President a ►lid S ve Director P' 4 R Cazz�non, Chapter Chair, BMHA White T<< ph Szlyde Chapter C11air, BMHA Supervisors Elaine Garbe Chapter Chair, BMHA Managers -4- ©clesto C4 ldelario, Asst. Exec .tive Directoz Theresa Spagna De - putT - LI - xecutive Director Personnel Wolf J MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 2614, AFL-CIO Prior to printing; of the consolidated contracts the parties agree to review the contract and eliminate or clarify any outdated language. ALL BARGAINING UNITS 1) (AAiies) Adjust the wage schedule; as follows: July 1, 2004 through June 30, 2007 - no change Effective July 1, 2007 - 3% ivage increase Effective July 1, 2008 - $2,000 salary increase and then 3% wage increase Effective July 1, 2009 - 3% wage increase . Effective July 1, 2010 - 3% wage increase Effective July 1, 2007, each empl oyee, as applicable, shall be brought up to the wage schedule step that the employee would have been on had it not been for the imposition of the wage freeze by the Buffalo Fiscal Stability Authority. All employees hired after the date of contract ratification by all parties including the BFSA. will be on a seven (7) step salary schedule. The salary increases set forth above shall be contingent on the satisfactory discontinuance with prejudice but without precedent of all pending litigation, outstanding grievances, Improper Practice Charges as set forth in paragraplh l and 2 of the attached Memorandum of Agreement, 2) Direct de cssit Add the following new Article 111, Section 1(K): "The Authorio shall he permitted to establish a direct deposit prograrn_for payment of compensation in accordance with Section 192 of the New York State Labor Law. EnIployee's will have the choice of the financial Institution they wish to use. " 3 Record of time worked: Add the following to Article 111, Section 2(I3): "The Authority shall be permitted to iinpleinent processes and procedures in order far einplo) to record time worked including with regard to specific tusks or duties." 4) Vacations Modify Article V, Section 1 first two paragraphs by: All employees hired after contract ratification by all parties including the BFSA will be subject to the following schedule; !� Years of Service Length of Lacatiot 1 5 years 2 week 6 - 15 years .3 weeks 164 years 4 weeks BMI-IA will move ALL employees to a monthly accrual system. Current employees will maintain the current vacation rate of accumulation, Article K Section 1 shall be modified so that vacation- requests for July and August shall not exceed two (2 ) consecutive weeks far any employee. Special request can be made for three consecutive weeks of vacation. It shall be the responsibility of each employee to request his or her vacation by Janunr y 31 of each year for vacation time sought for the period between March and the, following Februaq. Employees are to select their preferred vacation dates with alternate second choice. Conflicts shall be resolved on the basis of'Seniority within the employee's joh title and location for requests received by January 31. Any vacation request after January 31 will he considered on a first comes first serve basis. The approved vacation schedule fir March until the following Februar�y will be poste d no later than March P. All vacation requests are subject to the approval of the Executive Director or his /her designee. Any employee who is at their maximum allowable vacation accumulation, that has vacation requests denied, will not lose their vacation time for I year. Upon retirement an employee will not be paid for more than their maximum two years worth of vacation accumulation, plus any Vacation Reserve Bank they may have, The Vacation Reserve Bank currently in place through the existing Collective Bargaining Agreement will remain in effect. 5) Siek leave bank Delete Article FI, Section 2. replace with: In order to be eligible to contribute in the .sick bank employees must; Have a n7inimunr of 5 sick days accumulated The sick bank will be established with an up to 50 days limit. A 30 day extension may be provided at the discretion of the Executive Director. 6) Personal Leave Modi y Article VII, Section 3 to provide that effective. July 1, 2010 all employees will be entitled to the following annual accumulation schedule: YearI ------------------------------------------------------- 2days Year2 ------------------------------------------------- - - - - -- 3 days Year3 -s- ----------------------------------------------------- 5 days 7) Active employee health insurance (Article Xll) Modify Article X1I, Section 1 by replacing the first tluee paragraphs with the following: Effective as soon as possible following the final approval of this agreement, the BMHA shall provide health insurance through a single provider (currently Blue Cross / Blue Shield) to all eligible employees through the 204 Plan, with a $5/$15/317 prescription drug Genefrt. Employees hired after contract ratification, / � J shall contribute 15% of the premium cost for family coverage and I5%for single coverage of the plan per month through payroll deduction. For all employees that obtain health insurance through the BMHA, the BURA agrees to contribute annuallj 50% of the d fference between the cost of the 201 plan and the 204 plan or any successor plan into a 105-h plan consistent with IRS rules and regulations. The sharing ofhealth care savings into a 105 - h plan ends at retirement. The Authority reserves the right to change carriers upon notice to the Union, provided that the overall level of benefits shall be equal to the coverage provided at the time of the change. 1n the event the Authority and the Union disagree as to whether the overall level of benefits provided by a successor plan are equal the issue shall be presented to an arbitrator, for a determination. Also modify Article X11, Sections 5 and 6 to provide that the rebate payment set therein ($720) per year) will be increased to $1,200. 8) Retiree health insurance coverage The proposal mentioned below will be effective 60 days al=ter contract approval by the Buffalo Fiscal Stability Authority. Modify the Articie XII, Section 8 to Tead as follows; "Employees who retire on or after contract ratification who retire into the New York State Employees Retirement System directly from employment with the Authority; shall be entitled during retirement to the same medical health benefit coverage and prescription benefit coverage provided at the time of retirement according to the schedule below. The sharing gf savings into a 105 - h plan that was in effectfnr active employees will end at retirement.Any funds remaining in a 105 -h account upon retirement can still be utilized by a retiree pursuant to [RS laws and regulations. 10 plus years of BMHA Service for existing employees at no employee cost; Existing employees who retire with less than 10 years of BMHA Service will contribute 10/ of the BMHA's cost for the plan; Employees hired after rat f cation of this contract who retire with 15 plus years of service at the BA41 -IA will contribute 15% of'the BMIIA 's cost far the plan. Employees hired after ratification of this contract who retire with less than 15 years of service at the BMHA will contribute 25% of the BMHA 's cost for the plan. Such coverage shall be on a single plan basis only,for retirees who, at the bane ofretirernent, are provided a .single plan, and retirees who retire with a family plan will be provided a family plan during retirement for so long as qualified under the terms of'the plan with the limitation that such retiree not be permitted to acid any nem? covered spouse or dependents to the retiree coverage plan. Retirees who retiree after ratification of this contract who are provided such coverage shall be required to subscribe to Medicare options as soon as qualafred in order that Medicare will become the retiree's primaiD) coverage to the extent possible, and may also be placed in a Senior Blue product equal to or better than the existing plan, at the option of the Authority, as soon as practicable. In the event the Authority and the Union disagree regarding the overall level of benefits provided by a Senior Blue product, the issue shall be presented to an arbitratorfor a determination. Employees who retire before June 30, 2018 will have the option to enroll in the 201 plan or its successor equivalent upon retirement at no cost of the employee as outlined in [lie payment schedide listed above. / i' r r �1 let AV :�—< 9 Layoff' /Recall, Modify Article XIV, Sections 4, 5 and 6. Layoff /Recall for employees classified as Competitive shall be done in accordance with Civil Service Law, Employees classified as Non - Competitive and who have successfully completed their probationary period shall be subject to layoff' /recall by inverse seniority. f0) TemP0rat'v- Vacancies Amend Article XV, Section 2A. to reflect our current existing; practice: Hlh(mever an employee is assigned to fill a temporar)) vacancy; he shall be paid pursuant A rticle III ,section 4. Amend Article XV, Section 2B to "vacancy will be filled from one of the top 5" Modify Article Ili Section 4 to reflect our current practice that an employee who is promoted or appointed to a higher level position shall receive at minimum the lowest increment in the higher job grade that represents at least a $1,000 increase. 11) Application to fill vacancy A, XV, Section I(E) shall be modified to read as follows: "A n employee may apply, in. writing; for such position and submit such application to the Personnel Director." 12� W Vacancies Article XV, Section I (E) shall be modified to "vacancy will be filled fi one of the top 5" 13) Bumping, Reopeneir_ Amend Article XV, Section 4 to "in accordance with Civil Service Law ", Section 5 to be deleted. 14 Union activities during woric fours: Article XVIII, Section 1(A) shall be modified by adding; the following: "The Authority may deny re quest for union activity leave if exigent circumstances exist. Approval of Union leave time shall not be unreasonably withheld. " 15 S eeial exner enc �uda In Article XXX, replace "Mayor" with "BM.HA Executive Director," and replace "Cite of Buffalo" and "City ,Mall" with "BMHA Administrative Offices," 16 Probationary Period: Modify Article XIV, Section 2 to provide that the probationary period for open competitive and promotional appointments shall be not less than 2 months wind not more than 12 months in accordance with rules of New York State Civil Service Law. 17 Vacation Sell Baek : Acid the following to Article V: "Employees may request in writing with Authority approval to sell back up to one (1) week of vacation per year at the employee's regular daily wage rate for that year less usual deductions. " L!Ak t� Is) Domicile AI'ticle XXXVIII is amended to state that employees Hired after ratification of this Agreement must have a City of Buffalo domicile at the time of examination and appointment and must continue such domicile during the duration of their employment with BMHA. / / A / 1" � MANAGERIAL UNIT ONLY (vv� 015� Effective upon ratification of this agreement in addition to the wage a4justments stated in paragraph 1, a $2,200 salary upgrade. Such upgrade is to include but not limited to: • Acknowledge the expansion of jots responsibilities (Management and Maintenance) Supervision of Assistant Superintendent • Attend meetings after normal business hours such as Tenant Council meetings, Common Council meetings, BMHA Open Houses etc, (ability to flex schedule) • Manage budget .• Overall responsibility for the performance of the property. 2) (work 11001`s1 Amend Article Ill, Section 2A to state: The normal workday for employees in this bargaining unit shall consist of not more than eight (8) hour which includes one (1) hour lunch period exceptfor the period commencing the first day of July and ending the first Monday of September of each year during which period of time each year the hours of employment shall be reduced one -half hour at the end of the assigned shift, The ernplo7�ees in this bargaining unit, subject to the Executive Director's approval or the approval of the Executive Director's designee shall. be able to work an eight -hour schedule as follows: 7:30 a. in. to 3:30 p, in., 8:00 a. m. to 4:00 p- in-, 8:30 a. to 4: 30 p. rn. or 9:00 a.m. to S:00 p. in. Enzplo)lees of this bargaining unit must be available to address issues in their property between normal business hours of 8:30 AM— 4:30 PA4, The Executive Director or designee ina }j change an en2ployee's work schedule provided that the employee is provided six months notice of the schedule change. A schedule change will remain in offect at least one ))ear, 3) Auto Allowance Article XTX Employees authorized by their Department Head to use their personal automobile on a regular basis will be reimbursed at a monthly rate of $225. All Housing Managers will receive a monthly auto allowance. 5A -� l i - 10- WHITE COLLAR UNIT ONLY 1) (Housing Aide Wages) Effective upon ratification of this agreement ratification date in addition to the adjustment, stated in paragraph 1, a $1,200 salary upgrade will be applied to the Housing Aide salary schedule. Such upgrade is to include but not limited to acknowledge the expansion of job responsibilities as outlined in the document attached as Exhibit B, 2) (Crime Analyst Amend Article Ill, Section 2 of the contract by adding the title of Crime Analyst. The Crime Analyst, may be required to attend prescheduled Tenant Council meeting without being paid overtime or compensatory time and will be allowed to arrange their schedule to attend the meeting. 3 ) (Phone Room The Authority shall have the option of having a Phone Room and establishing Phone Room hours of operation, Job titles assigned to the Phone Room will be determined by the Executive Director or designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Room are Dispatcher, Clerk Aide, Complaint Clerk, Telephone Operator, Typist, Account Clerk Typist and Senior Account Clerk Typist, In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of Local 264 titles as described above. In the event a vacancy occurs in the Phone Room other than the Monday — Friday, day shift, the shift will be posted. The vacancy will be filled by soniority.of employees assigned to the Phone Room or by inverse seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted and filled by inverse seniority, first from the above listed titles that are included on the voluntary overtime wheel and then if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the Phone Room will be offered by rotation Rom the Phone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving in the above titles. The volunteers will be added to the second voluntary overtime wheel aftcr they have received sufficient training in the Phone Roam. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted, Phone Room employees working a shift other than a Monday - Friday day drift shall be paid a $.75 shift differential. The Dispatcher position in the Phone Room will only be eliminated through attrition if the BMHA determines the position is no longer required, The Clerk Aides currently working irr the Phone Room will continue their existing assignment and will only be eliminated through attrition or promotion. This proposal replaces the previously agreed upon Phone Room stipulation dated 12/28105. 4) (Hours of Work) Article III. Section 2A is modified to state: The normal workday for employees in this bargaining unit shall consist of not more than eight (8) hours which includes one (I) hour lunch period except for the period commencing the first day ofJuly and ending the first Monday ofSepternber of each year during which period of'tinre each year the hours of enrplQ))ment shall be reduced once -ha f hour at the end of the msigned s °Iii t. The employees in this bargaining unit, subject to the Executive Director's approval or the approval of � v the Executive Director's designee shall be able to iiiork an eight-hour Schedule as hollows: 8:00 cc, n7. to 4: 00 p.m., 8:30 a. n7. to 4:30 p.n7. or 9 :00 a, in. 05:00P.117- The Executive Director or designee may change an employee's work Schedule provided that the en7plo)'" is provided Six months notice of the schedule change. A schedule change will reniain in e�fP.Ct fiJ!" at least one year. 5l (Auto Allowance) Article_X1X All Housing Aides assigned to the following developments; jasper Parrish, LaSalle Courts, Commodore Perry Ext., Mullen Manor, Slater Courts, AD Price, Langfield, Kenfield, Frederick Douglass, Sedita and the Stuyvestant, and any other employee represented by this bargaining unit assigned to use their personal automobile for Authority business on a regular basis will receive an automobile allowance at a monthly rate of $225. Employees of this bargaining unit who are not assigned as regular drivers will be reimbursed at the IRS rate. l� -12- c..1� BLU E; COLLAR ] JN1T ONLY 11 1 (Hours of Wot•lc) Replace Article III, Section 2(B) to read as follows: The Buffalo Municipal Housing; Authority may at its discretion maintain a seven day operation. The Authority will determine the titles and number of employees. The Authority will determine by April I" of each year, whether a seven day operation will occur for the fiscal year beginning on July I" and will notify the Union in writing of the saine. The Authority may establish and/or terminate a second shift and must notify the Union by April 1 of each year. if establishing a second shift the BMHA shall post a list of titles and the number of positions. The positions shall be filled by seniority. If there are no volunteers the shift will be filled by inverse seniority. All employees working a second shift shall be paid a $.75 shift differential. 2) (Asst. Superintendent_On Call In addition to the adjustment stated in paragraph 1, Assistant Superintendents will receive an upgrade of $1,000. The upgrade will be in replacement of the current practice of receiving; four hours straight time for on -call assignment. Being on -call will be rotated among the Assistant Superintendents no more than seven times a year and will include designated Authority holidays. Assistant Superintendents who are called into work after normal work hours will receive overtime pay as specified in the current contract. The .Assistant Superintendents may be required to attend prescheduled evening meetings such as Tenant Council meetings, Common Council meetings, BMHA Open Houses and will flex their schedule to avoid overtime. All Assistant Superintendents will be provided a BMHA e-c4Therte to conduct Authority business. 3) (Safety Shoes) Modify Article XXII ' A7 / 10 Every October I" but no later than October 31 of each year, eligible employees will receive a $75 credit in J a form to be determined by the Authority for the purchase of steel toed safety shoes at a vendor selected by the Authority. 4 (Uniforms) Modify Article XXII livery October I" but no later than October 31 of each year, eligible employees of the Blue Collar Bargaining Unit bargaining unit and Assistant Superintendents will receive a $150 credit in a form to be determined by the Authority for the purchase of BMHA shirts, t- shirts, pants and jackets as outlined per the Collective Bargaining Agreement. 5) (Phone Room) The Authority shall have the option of having, a Phone Room and establishing Phone Room hours of operation. Job titles assigned to the Phone Rooan will be determined by the Executive Director or designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The_job titles that can be assigned to the Phone Room are Dispatcher, Clerk Aide, Complaint Clerk, Telephone Operator, Typist, Account Clerk Typist and Senior Account Clerk Typist. In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of Local 264 titles as described above. -13- z / ' ��� -� 1 V In the event a vacancy occurs in the Phone Room other than the Monday — Friday, day shift, the shift will be posted The vacancy will be filled by seniority of employees assigned to the Phone Room or by inverse seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted and filled by inverse: seniority, first from the above listed titles that are included on the voluntary overtime wheel and then if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the Phone Room will be offered by rotation from the Phone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving; in the above titles, The volunteers will be added to the second voluntary overt wheel after they have received sufficient training in the Phone Room. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted. Phone Room employees working a shift other than a Monday-Friday day shift shall be paid a $35 shift differential. The Dispatcher position in the Phone Room will only be eliminated through attrition if the BMPIA determines the position is no longer required. The Clerk Aides currently working in the Phone Room will continue their existing assignment and will only be eliminated tlu attrition or promotion. This proposal replaces the previously agreed upon Phone Room stipulation dated 12/28/05. IN WITNESS WHEREOF, the parties inutually set their hands to this agreement on the Day of October, 2009. FOR &SCME, LOCAL 264 Bill Travis, President Suza to Piccolo, 2` Vice president A R f1 � i �"1 R l" ( (J A n /t A ht l Ponda Cazt-ron, Union Steward Elaine Garbe Chapter Chair, BMHA Managers Ike 11 SnydezU Ch'ater Chjair, BMHA Supervisors r I� or T Deputy Executive Director Personnel S f Paul Wolf, L- eral Counsel - 14 - u odesto Qandelario, Asst. ExAutive Director EXHIBIT A Local 264 Grievances & Imp Practice Charges Beira Dropped. Grievances HW —08 -07 (Wage Increment) HB -05 -07 (Wage Increment) HM - 05 - 07 (Wage Increment) HB- 02--09 (Snow Removal) HB -08 -08 (Dispatcher Duties) HW -07 -08 (Dispatcher) HB -01 -08 (Union Leave Time) HB -05 -08 (Seasonal Laborer) HM -03 -07 (Senior Manager) HB -04 -08 (Medicare Part B, withdrawn as to active employees only) HW-08 -08 (Housing Aide Job Reval) HM -01 -08 (Manager Job Reval) HM -02 -08 (Managers Supervising Assist. Supt) Improper Practice Char es U -28115 (Union Leave Time) U -27797 (Asset Manager) CP -1145 (Asset Manager) U -28686 (Building Supt.) U-28065 (Assist. Supt.) �f i f� v ✓� l 6--N -�7 r' RMWA EXHIBIT B HOUSING AIDE OCCUPANCY SPECIALIST JOB DUTY COMPARISON DUSING AIDE OCCUPANCY SPECIALIST Processes applications and makes final determination of lay assists in duties relating to Tenant Selection and eligibility for individuals seeking residency in public housing larketing; developments; application intake, classification, offering; Application intake, classification, offering; - Schedules and interviews applicants and /or tenants; Schedules and interviews applicants; gathers verification needed to determine eligibliy including Gathers verification needed to determine eligibility including ;sessment checks, landlord references, income verifications, assessment checks, landlord references, income verifications, iseworker reports, Vs, custody papers, social security cards, caseworker reports, ID's, custody papers, social security cards, edit checks, police checks, etc; credit checks, police checks, etc; forwards completed files for review, determination, unit Reviews completed files and make final eligiblity ;signment to higher ranking staff; determination and unit assignment; ssists in annual recertification survey at the site weiopment office; Manage unit inventory and assignment; verifies income information and family composition and )mpares with information obtained from EIV system to etermine total family income, send out third party as eeded; Transfer offers and placements; determines and tracks adjustments to rent and Section 8 Absidies; May facilitate Tenant Review Board hearings; processes intitial recertification package and monthly pdates; May conduct administrative reviews of denied files; - update all family and income information, apply correct ayment'standard and utility allowance; Related work as required. -track inspections for completeness; -enter updated information in MLS; - assist in correcting errors reported in PIC system; -manage transfer requests, update all household and income iformation, send a notice to the landord; -may prepare and conduct tenant and /or landlord briefings 3 provide required information on Section 8 program to articipants. Prepare vouchers for distribution at the briefing; - obtain a copy of the lease and send HAP contract for ignature; -sends files out for leasing after they have been reviewed and pproved by nigher staff; nvestigates complaints and inquiries; - addresses and assists in solving issues with tenants; - answer tenant and landord inquiries; r Lccicrr in tho rnnrdination of community service agencies; ! BMHA HOUSING AIDE OCCUPANCY SPECIALIST SOB DUTY COMPARISON OUSING AIDE OCCUPANCY SPECIALIST as a result of inspections submits work orders for approval id inputs into computer; prepares and maintains records and reports relating to spection process; ssists and particiates in lease enforcement and when ecessary eviction process; ssists in the review of Housing Authority policies and pplicable regulations; ssists and participates in collecting of delinquent accounts; ssists and participates in filing of warrants and petitions in itv Court: ssists and participates in setting rents and leasing units in ccord ance with Authority poilcy agnd applicable law; /laintains files and records relating to tenants and nnlicants: krepares correspondence; if requesting the purchase of goods or services), memos, telated work as required. r� P TO: The Common Council of the City of Buffalo FROM: Buffalo Municipal Housing Authority DATE: October 22, 2009 SUBJECT: TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, WHITE COLLAR UNIT, AND RESOLUTION NO. 09.10.19.2 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, White Collar Unit, and Resolution No. 09.10.19.2 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. Dawn E: Sander Executive Director BUFFALO MUNICIPAL. HOUSING AUTHORITY BOARD RESOLUTION MEMORANDUM TO: Commissioners of the Authority FROM: Dawn E. Sanders, Executive Director DATE.: October 13, 2009 SUBJECT: RESOLUTION NO,_aq_�,W. 15.6 09.10.19.2 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 254, WHITE COLLAR UNIT DESCRIPTION OF ACTION TO BE TAKEN Members are r6quested to approve the attached revised Memorandum of Agreement between the Buffalo Municipal Housing Authority and Local 264, White Collar Unit, for the period July 1, 2004, through June 30, 2011. BACKGROUNDMISTORY The original Memoranda of Agreements between the BMHA and Local 264, Blue Collar, White Collar and Managerial Units, were approved by the BMHA Board of Commissioners and the Common Council of the City of Buffalo on April 6, 2009, and May 12, 2009, respectively. The Buffalo Fiscal Stability Authority subsequently rejected the agreements at their meeting held on May 13, 2009. The parties resumed negotiations; and after an extensive period reached revised agreements with all three bargaining units. The revised agreement with the White Collar Unit provides for additional union concessions including a residency requirement for duration of employment for new hires, a reduced upgrade for Housing Aides, elimination of additional upgrades for Accountants and more stringent requirements for retiree health insurance, WHEREAS, the BMA Board of Commissioners approved the original successors bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on April 6, 2009; and WHEREAS, the Common Council of the City of Buffalo approved the original successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 12, 2009; and WHEREAS, the Buffalo Fiscal Stability Authority rejected approval of the successor bargaining agreements between the BMHA and AFSCME, Local 264, Blue Collar, White Collar and Managerial Units at a meeting held on May 13, 2009; and A i- VI WHEREAS, representatives of the Buffalo Municipal Housing Authority and AFSCME, Local 264, resumed negotiations after the agreements were rejected by the Buffalo Fiscal Stability Authority; and WHEREAS, successor revised agreements between the BMHA and AFSCME, Local 264, representing Blue Collar, White Collar and Managerial Unit employees were reached on October 9, 2009; and WHEREAS, members of Local 264,B1ue Collar, White Collar and Managerial Unit employees will vote to ratify the agreements on October 21, 2009; and NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COMMISSIONERS OF THE BUFFALO MUNICIPAL HOUSING AUTHORITY: hereby rescinds the previously approved Memorandum of Agreement between the BMHA and AFSCME, Local 264, White Collar Unit, and approves the revised agreement for the White Collar Unit employees for the period July 1, 2004 through June 30, 2011, contingent upon ratification from the White Collar Unit members and approvals from the Common Council of the City of Buffalo and the Buffalo Fiscal Stability Authority. TO Theresa Spa na DATE: October 16, 2009 The following action was taken at the Authority Meeting of October 15, 2009 regarding the above matter. Approved Disapproved Remarks: cc: Modesto Candelario Paul Wolf, Esq. Theresa Spagna Tabled X Receive & File Ratified Other ( Executive irecto Removed from the table and approved at the Special Meeting of the Authority held October 19, 2009. Exec five irect r r- i r MEMORANDUM OF AGREEMENT BETWEEN BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO, WHEREAS, AFSCME, Local 264 (hereinafter "the Union ") is a party to litigation filed in U.S. District Court (WDNY), Mew York State Supreme Court, and improper practice and arbitration proceedings under the Public Employment Relations Board in connection with various claims against the Buffalo Municipal Housing Authority (hereinafter "the . Authority "), The Authority and the Union may be referred to herein as the "Parties "; and WHEREAS, the Authority has raised those issues in connection with the Parties' negotiations for a successor agreement and desires to resolve all outstanding litigation as referred to below through the process of collective negotiations; and WHEREAS, the Parties have so engaged in collective negotiations in connection with the terms and conditions of ernployrnent and in anticipation of reaching a successor agreement for the period effective July 1, 2004 through Tune 30, 2011; and WHEREAS, the Union agrees to accept the terms contained in file Parties' agreement in full satisfaction of all claims asserted as set forth in paragraph 1 and 2 below; THEREFORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: The Union hereby releases each and every claim that was asserted or which could have been asserted, in the following lawsuits and also agrees that it will discontinue with prejudice as a (or intervenor) in said lawsuits, and not proceed with pending or further appeals in connection with said lawsuits: W.D.N. Y. Index No. 04- CV- 0753S(F) AFSCME, Local 264 et al, v. Tobe, et al. Regarding the Wage Freeze 1 The Union hereby agrees that they now withdraw and release, the actions, charges, grievances, proceedings, improper practice charges, demand for arbitrations or pending arbitration proceedings filed prior to the date of execution of this agreement as outlined in the list attached as Exhibit A. The Union hereby releases any claims asserted, or which could have been asserted in any such matters and agrees to discontinue as a party to any such matters with prejudice without precedent as to fature matters. J 3. With regard to the niatters addressed in Paragraphs 1 and 2, above, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or proceedings in the future relating to any circumstances known to local 264 that existed on or before the execution elate of this settlement memorandum. However, regarding similar matters that occur in the future, the Union reserves its rights. 4. Upon agreement by the parties, this document will serve as Local 264's consent to the discontinuance of these matters in Paragraphs 1 and 2, above. The Union and its President Bill Travis furthea agree that they will take all additional steps necessary to implement the teens of the disposition of those matters. 5. This Memorandum of Agreement shall be deeined to be included as a component of the Parties' tentative agreement for a successor collective negotiations agreement for the period July 1, 2004 through June 30, 2011. All current language and benefits shall remain in effect except for those items airiended by this Agreement. 6. This agreement will be incorporated into the parties' collective bargaining agreement and is subject to ratification by the Union membership and BFSA approval. 7. It is expressly understood that no provision of this agreement, including those items contained in documents incorporated by reference herein, whether in whole or in part, shall be enacted prior to the ratification of AFSCME Local 264 and approval by the Buffalo Municipal Housing Authority Board of Directors and approval by the Buffalo Common Council and approval by the Buffalo Fiscal Stability Authority. Dated: October / ,�/ �, , 2009 Fo th Ant orit For Local 264: DawL E. S f ders Bill Travis Exec'uti rec r President Michael Seaman Chairman MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO This Agreement shall be effective as of the first day of July 2004, and shall remain in full force and effect until the thirtieth day of June 2011. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, at least one hundred fifty (15 0) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination Elate. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THERFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IT IS EXPRESSLY UNDERSTOOD THAT NO PROVISION OF THIS AGREEMENT, INCLUDING THOSE ITEMS CONTAINED IN DOCUMENTS INCORPORATED BY REFERENCE HEREIN, WHETHER IN WHOLE OR IN PART, SMALL BE ENACTED PRIOR TO THE RATIFICATION OF AFSCME LOCAL 264 AND APPROVAL BY THE BUFFALO MUNICIPAL HOUSING AUTHORITY BOARD OF DIRECTORS AND APPROVAL BY THE BUFFALO COMMON COUNCIL AND APPROVAL BY THE BUFFALO FISCAL STABILITY AUTHORITY. IN WITNESS WHEREOF, the parties mutually set their hands to this agreement Day of October, 2009. f FOR AFSCME, LOCAL 264 ill Travis, President J Suzanne Piccolo, 2 ° ` Vice President 1 -3- Micha'6 S AUTHO 7L_ Director an f� �9 I panda Caiu�non, Chapter Chair, BMHA White C. 1 ph Snyde Chapter Chair, BMHA Supervisors Elaine Garbe Chapter Chair, BMHA Managers /Modesto C delario, Asst, Exec .tine Director Theresa Spagna Depaty fteoutive Director Personnel Wolf eral Couns MEMORANDUM OF AGREEMENT BETWEEN THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND AFSCME, LOCAL 264, AFL -CIO Prier to printing of the consolidated contracts the parties agree to review the contract and eliminate or clarify any outdated language. ALL BARGAINING UNITS Adjust the wage schedule as follows: July 1, 2004 through June 30, 2007 - no change Effective July 1, 2007 - 3% wage increase Effective July 1, 2008 - $2, 000 salary increase and then 3% wage increase Effective July 1, 2009 - 3% -wage increase Effective July 1, 2010 - 3% wage increase Effective July 1, 2007, each employee, as applicable, shall be brought up to the wage schedule step that the employee would have been on had it not been for the imposition of the wage freeze by the Buffalo Fiscal Stability Authority. All employees hired after the date of contract ratification by all parties including the BFSA will be on a seven (7) step salary schedule. The salary increases set forth above shall be contingent on the satisfactory discontinuance with prejudice but without precedent of all pending litigation, outstanding grievances, Improper Practice Charges as set forth in paragraph I and 2 of the attached Memorandum of Agreement, 2) Direct de osit: Add the following new Article III, Section 1(1Q: "The Authority shall be permitted to establish a direct deposit program fol• payrlient of compensation in accordance with Section 192 of the New York State Labor Law. e'mployee's will have the choice of the Financial Institution the) wish to use. " 3 Record of time worked: Add the following to Article 111, Section 2 (13): "The Authority shall be permitted to inaplelnent processes and procedures In order for employees to record time worked, including with regard to specOlc tasks or duties." 4) vacations Modify Article V, Section 1 first two paragraphs by: All employees hired after contract ratification by all parties including the BFSA will be subject to the following schedule: 'L n_. Leans oJ:Se_rvice Length oLflacation 1- S years 2 week 6 - 15 years .3 weeks 1$+ years d weeks BMHA will move ALL employees to a Monthly accrual system. Current employees will maintain the current vacation rate of accumulation. Article V, Section I shall be modified so that vacation requests for July and August shall not exceed two (2 ) consecutive weeks-for tiny employee. Special request can be made for three consecutive weeks of vacation. It shall be the responsibility of each employee to request his or her vacation by January 31 of each year for vacation time sought for the period between March and the. following February. Eniployees are to select their preferred vacation dates with alternate second choice. Conflicts shall be resolved on the basis of Seniority within the employee .s job title and location for requests received by January 31. Any vacation request after January 31 will be considered on a first tames f rst serve basis. The approved vacation schedule March until the following February will be posted no later than March 1'` All vacation requests are subject to the approval of the Executive Director or his /her designee. Any employee who is at their maximum allowable vacation accumulation, that has vacation requests denied, will not lose their vacation tune for 1 year. Upon retirement an employee will not be paid for more than their niaximuin two years worth of vacation accumulation, plus any Vacation .Reserve Bank they niay have. The Vacation Reserve Bank currently in place through the existing Collective Bargaining Agreement will remain in effect. 5) Sick leave hank Delete Article FI, Section 2. replace with: In order to be eligible to contribute in the sick bank employees must; Have a minimum of 5 sick clays accumulated The sick bank will he established with an zip to 50 days limit. A 30 day extension may be provided at the discretion of the Executive Director. G) Personal Leave Modify Article VII, Section 3 to provide that effective July 1, 2010 all employees will be entitled to the following annual accumulation schedule: YearI ------------------------------------------------------- 2days Year2 ------------------------------------------------- - - - - -- 3 days Year3+ ------------------------------------------------- --- --- 5 days 7) Active eTUDIOVee health insurance (Article X11 Modify Article X11, Section 1 by replacing the first three paragraphs with the following: Effective as soon as possible following the final approval of this agreement, the BMHA shall provide health insurance through a .single provider (currently Blue Cross / Blue Shield) to all eligible employees through the 204 flan, with a $5/$15/$30 prescription drug benefit. Employees hired after contract ratification, shall contribute 15% of the premium cast for, family coverage and 15% for single coverage of the plan per month through payroll deduction. For all employees that obtain health insurance through the BMHA, the BMHA agrees to contribute annually .50% of the difference between the cost of the 201 plan and the 204 plan or any successor plan into a 105 -h plan consistent with IRS rules and regulations. The sharing of health care savings into a 105 - h plan ends at retirement. The Authoritj reserves the right to change carriers upon notice to the Union, provided that the overall level of benefits shall be equal to the coverage provided at the time of the change. In the event the Authority and the Union disagree as to whether the overall level of benefits provided by a successor plan are equal the issue shall be presented to an arbitrator for a determination. Also rnodrfj article X'II, Sections 5 and 6 to provide that the rebate payment set, forth therein ($720) per year) will be increased to 81,200. 8) Retiree health insul'atice_cor M2 '. The proposal mentioned below will be effective 60 days after contract approval by the Buffalo Fiscal Stability Authority. Modify the Article XII, Section 8 to read as follows: "Employees who retire on or after contract ratification who retire into the New York State Employees Retirement System directly from employment with the Authority, shall be entitled during retirement to the same medical health benefit coverage andprescription benefit coverage provided at the time of retirement according to the schedule below. The sharing ofsavings into a 105 -h plan that. was in effectfor active employees will end at retirement.Any funds remaining in a I05 -h account upon retirement can still be utilized by a retiree pursuant to IRS laws and regulations. 10 plays years of BMHA Service for existing employees at no employee cost; .Existing employees who retire with less than 10 years of BMHA Service will contribute 10% of the BMH,4's cost for the plan; Employees hired after ratification of this contract who retire with 1.5 plus years of service at the BMHA will contribute 15% of the BMTIA 's cost for the plan. I:rrrployees hired after ratification of this contract who retire with less than 15 years of service at the BMHA will contribute 25% of the BMHA s cost for the plan. Such coverage shall be on a .single plan basis only for retirees who, at the time of retirement, are provided a single plan, and retirees who retire with a family plan will be provided a family plan during retirement for so long as qualified under the terms of the plan with the limitation that such retiree not be permitted to add any new covered spouse or dependents to the retiree coverage plan. Retirees who retiree after ratification of this contract who are provided such coverage shall be required to subscribe to Medicare options as soon as qualified in order that Medicare will become the retiree's prinxar) coverage to the extent possible, and may also be placed in a Senior Blue product equal to or better than the existing plan, at the option of the Authority, as soon as practicable. In the event the Authority and the Union disagree regarding the overall level of benefits provided by a Senior Blue product, the issue shall be presented to an arbitrator for a determination. Employees who retire before June 30, 2018 will have the option to enroll in the 201 plan or its successor equivalent upon retirement at no cost of the employee as outlined in the payment schedule listed above. -7- 0, �' 13 9 Layoff /Recall; Modify Article XIV, Sections 4, 5 and 6. Layoff /Recall for employees classified as Competitive shall be done in accordance with Civil Service Law. Employees classified as Non - Competitive and who have successfully completed their probationary period shall be subject to layoff /recall by inverse seniority. 10) Temporaryyaexnde, Amend Article XV, Section 2A. to reflect our current existing practice: Whenever an employee is assigned to fill a temporary vacancy, he shall be paid pursuant Article III Section 4, Amend Article XV, Section 2B to "vacancy will be filled fi one of the top 5" Modify Article III Section 4 to reflect our current practice that an employee who is promoted or appointed to a higher level position shall receive at minimum the lowest increment in the higher jab grade that represents at least a $1,000 increase. 11 Application to fill vacarrc Article XV, Section 1(E) shall be modified to read as follows: "An employee may apply, in writing, for such position and submit such application to the Personnel Director." 12) Vacancies Article XV, Section I (E) shall be modified to "vacancy will be filled fi one of the top 5" 13) Bumninri, Reopener: Amend Article XV, Section 4 to "in accordance with Civil Service Law ", Section 5 to be deleted. 14 Union activities during work hours: Article XVIII, Section I (A) shall be modified by add ing the following: "The AuthoriO2 may deny request for union activity leave if'exigent circumstances exist. Approval of Union leave time shall riot be unreasonably withheld. " 15 Special emergency or holiday: In Article XXX, replace "Mayor" with "BMHA Executive Director," and replace "City of Buffalo' and "Cite Hall" with "BUHA,4dininistrative Of rces." 1 G Probationary Period: Modify Article XIV, Section 2 to provide that the probationary period for open competitive and promotional appointments shall be not less than 2 months and not more than 12 months in accordance. with rules of New York State Civil Service Law. 17) (Vacation Sell Bii!j! ) Add the following to Article V "Employees may request in writing with Authority) approval to sell back zip to one (1) week of vacation per year at thl's regular daily wage rate for that year less usual deductions. " /. e errrpoyee �� - OL. / r4 S. 4 . 18) Domicile Article XXXVIII is amended to state that employees hired after ratification of this Agreement must have a City of Buffalo domicile at the time of examination and appointment and must continue such domicile during the duration of their employment with BMfIA. vill U�j "A J .n MANAGERIAL UNIT ONLY 1) f Wagesj Effective upon ratification of this agreement in addition to the wage adjustments stated in paragraph 1, a $2,200 salary upgrade. Such upgrade is to include but not limited to: • Acknowledge; the expansion of job responsibilities (Management and Maintenance) Supervision of Assistant Superintendent Attend meetings after normal business Fours such as Tenant Council meetings, Common Council meetings, BMHA Open Houses etc, (ability to flex schedule) • Manage budget Overall responsibility for the performance of the property. 2 work hours Amend Article III, Section 2A to state: The normal workday for employees in this bargaining unit shall consist of not more than eight (8) hours which includes one (1) hour lunch period except far the period coinniencing the; test day of July and ending the, first Monday of September of each pear during which period of time each year the hours of employment shall be reduced one -half hour at the end of the assigned shift, The employees in this bargaining twit, subject to the Executive Director's approval or the approval of the Executive Director's designee shall be able to work an eight -hour schedule as follows: 7:30 a.m. to 3:30 p.m., 8:00 a.m. to 4 :00 p.m., 8 :30 a.m. to 4:30p.772. or 9:04 a.m. to 5:00p. ni. Employees of this bargaining unit must be available to address issues in their propert)� between normal business hours of 8 :30 AM— 4 :30 PM, The Executive Director or designee mcry change an employee's work schedule provided that the en2plo }gee is provided six months notice of the schedtde change. A schedule change will remain in effect for at least one year. 3) (Auto Allowance) Article_ XIX Employees authorized by their Department Head to use their personal automobile on a regular basis will be reimbursed at a monthly rate of $225. All Housing Managers will receive a monthly auto allowance. - 10- WHITE COLLAR UNIT ONLY I Housin J Aide Wa yes Effective upon ratification of this agreement ratification date in addition to the adjustment stated in paragraph 1, a $1,200 salary upgrade will be applied to the Housing Aide salary schedule. Such upgrade is to include but not limited to acknowledge the expansion of job responsibilities as outlined in the document attached as Exhibit B: Z) (Crime Analysf) Amend Article 111, Section 2 of the contract by adding the title of Crime Analyst The Crime Analyst, may be required to attend prescheduled Tenant Council meeting without being paid overtime or compensatory time and will be allowed to arrange their schedule to attend the meeting. 3 ) (Phone Room The Authority shall have the option of having a Phone Room and establishing Phone Room hours of operation, Job titles assigned to the Phone Room will be determined by the Executive Director or designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Room are Dispatcher, Cleric Aide, Complaint Clerk, Telephone Operator, Typist, Account Clerk Typist and Senior Account Clerk Typist. In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of Local 264 titles as described above. hn the event a vacancy occurs in the Phone Room other than the Monday — Friday, day shift, the shift will be posted. The vacancy will be filled by seniority.of employees assigned to the Phone Room or by inverse .. . seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the phone Room to fill the shift, the vacancy will be posted and filled by inverse seniority, first from the above listed titles that are included on the voluntary overtime wheel and then if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the.Phone Room will be offered by rotation ftorn the phone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving in the above titles. The volunteers will be added to the second voluntary overtime wheel after they have received sufficient training in the Phone Room. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted. Phone Room employees working a shift other than a Monday-Friday day shift shall be paid a $.75 shift differential. The Dispatcher position in the Phone Room will only be eliminated through attrition if the BMI1A determines the position is no longer required. The Cleric Aides currently working in the Phone Room will continue their existing assignment and will only be eliminated through attrition or promotion. This proposal rcplaces the previously agreed upon Phone Room stipulation dated 12128105 4 Hours of Worlc Article III Section 2A is modified to state; The normal worhday,for employees in this bargaining omit shall consist of not more than eight (8) hours tivhich inclardes one (1) hour launch period except for• the period commencing the f r st day of duly and ending the f rst Monday of September of each year doming which period of tune each year the hours of ernploynaent shall be reduced one -half hour at the end of the assigned shut. The ernplgyees in this bargaining unit, subject to the Executive Director's approval or the approval of t 1 the Executive Director's designee shall be able to )Dark an eight -hour schedule cis follows: 8:00 ac ni. to 4: 00 p. ni., 8:30 cr. ns. to 4:30 p.n. or 9:00 a. rn. to 5:00 P-177. The Executive Director ar designee may change an enzployee's work schedule provided that the employee is Provided six months notice of the schedule change. A schedule change will renzczin in effect for at least one year. 53 (Auto Allowance) Article XIX All Housing Aides assigned to the following developments: Jasper Parrish, LaSalle Courts, Commodore, Perry Ext., Mullen Manor, Slater Courts, AD Price, Langlzeld, Kenfield, Frederick Douglass, Sedita and the Stuyvestant, and any other employee represented by this bargaining unit assigned to use their personal automobile for Authority business on a regular basis will receive an automobile allowance at a monthly rate of $225. Employees of this bargaining unit who are not assigned as regular drivers will be reimbursed at the IRS rate, /�._ - 12- The Authority shall have the optionn of having a Phone Room and establishing; Phone Room hours of operation, job titles assigned to the Phone Room will be determined by the Executive Director or designee and must be members of Local 264 and shall be limited to handling Phone Room and office related tasks. The job titles that can be assigned to the Phone Room are Dispatcher, Clerk Aide., Complaint Clerk, Telephone Operator, Typist, Account Cleric Typist and Senior Account Clerk Typist. In addition, exempt titles may be assigned to the phone room as long as not performing the tasks of Local 264 titles as described above. -A vi BLUE COLLAR IJNIT ONLY I Hours of W01'I0 Replace Article III, Section 2(B) to read as follows: The Buffalo Municipal Housing Authority may at its discretion maintain a seven day operation. The Authority will determine the titles and number of employees. The Authority will determine by April I" of each year, whether a seven day operation will occur for the fiscal year beginning on July I" and will notify the Union in writing of the same. The Authority may establish and /or terminate a second shift and must notify the Union by April I" of each year. If establishing a second shift the BMHA shall post a list of titles and the number of positions. The positions shall be filled by seniority. If there are no volunteers the shift will be filled by inverse seniority. All employees working a second shift shall be paid a $35 shift differential: 2) (Asst. Superintendent On Call) In addition to the adjustment stated in paragraph 1, Assistant Superintendents will receive an upgrade of $1,000. The upgrade will be in replacement of the current practice of receiving four hours straight time for on -call assignment. Being on -call will be rotated among the Assistant Superintendents no more than seven times a year and will include designated Authority holidays. Assistant Superintendents who are called into work after normal work hours will receive overtime pay as specified in the current contract. The Assistant Superintendents may be, required to attend preschWuled evening nn.eetings such as Tenant Council meetings, Common Council meetings, BMHA Open Houses and will flex their schedule to avoid overti All Assistant Superintendents will be provided a BMHA eel+Theine to conduct Authority business. 3) (Safety Shoes) Modify Artiele_X_XII [ 1P� L/ Every October I but no later than October 31 of each year, eligible employees will receive a $75 en edit in a form to be determined by the Authority for the purchase of steel toed safety shoes at a vendor selected by the Authority. 4 Uniforms ModjfV Article XXII Every October I" but no later than October 31" of each year, eligible employees of the Blue Collar Bargaining Unit bargaining unit and Assistant Superintendents will receive a $150 credit in a form to be determined by the Authority for the purchase of BMHA shirts, t- shirts, pants and j ackets as outlined per the Collective Bargaining Agreement. 5) (Phone Room) - 13 - l In the event a vacancy occurs in the Phone Room other than the Monday — Friday, day shift, the shift will be posted. The vacancy will be filled by seniority of employees assigned to the Phone Room or by inverse seniority of Phone Room staff if there are no volunteers. If there is insufficient number of staff assigned to the Phone Room to fill the shift, the vacancy will be posted and filled by inverse seniority, first from the above listed titles that are included on the voluntary overtime wheel and then if necessary by inverse seniority of employees in the above local 264 titles. Overtime for the Phone Room will be offered by rotation from the Plzone Room staff overtime wheel. A second voluntary overtime wheel will be established and will include volunteers serving in the above titles. The volunteers will be added to the second voluntary overtime wheel after they have received sufficient training in the Phone Room. The second voluntary overtime wheel will be used after the Phone Room overtime wheel has been exhausted. Phone Room employees working a shift other than a Monday-Friday day shift shall be paid a $.75 shift differential, The Dispatcher position in the Phone Room will only be eliminated through attrition if the BMHA determines the position is no longer required. The Clerk Aides currently working in the Phone Room will continue their existing assignment and will only be eliminated through attrition or promotion. This proposal replaces the previously agreed upon Phone Rown stipulation dated 12/2$105, IN WITNESS WHEREOF, the parties mutually set their hands to this agreement on the Day of October, 2009. FOR AFSCME, LOCAL 264 Bill Travis, President A Suz e Piccolo, 2" Vice President y i t Poncla Ca on, Union Steward Elaine Garbe j Chapter Chair, BMHA Managers ,I se �S�nydc Ch ter Chjair, BMHA Supervisors r�. :or Theresa Spagna Deputy Executive Director Personnel r I _ au : 1 : W ! olf, bi eral Counsel L� P /t1 � ' odesto �andelario, Asst. Exe utive Director EXHIBIT A Local 264 Grievances & Improper Practice Charges Bein Dropped. Grievances HW — 08-07 (Wage Increment) HB -05 -07 (Wage Increment) HM -05 -07 (Wage Increment) HB -02 -09 (Snow Removal) HB -08 -08 (Dispatcher Duties) HW -07 -08 (Dispatcher) HB -01 -08 (Union Leave Time) HB -05 -08 (Seasonal Laborer) HM -0307 (Senior Manager) HB- .04 -08 (Medicare Part B, withdrawn .as to active employees only) HW -08 -08 (Housing Aide Job Reval) HM -01 -08 (Manager Job Reval) HM-02 -08 (Managers Supervising Assist. Supt) Improper Practice Charges U -28115 (Union Leave Time) U -27797 (Asset Manager) CP -1 145 (Asset Manager) U -28886 (Building Supt.) U -28065 (Assist. Supt.) L BMH EXH IBIT B HOUSING AIDE OCCUPANCY SPECIALIST JOB DUTY COMPARISON DUSING AIDE OCCUPANCY SPECIALIST Processes applications and makes final determination of ay assists in deities relating to Tenant Selection and eligibility for individuals seeking residency in public housing arketing; developments; application intake, classification, offering; Application intake, classification, offering; - Schedules and interviews applicants and /or tenants; Schedules and interviews applicants; gathers verification needed to determine eligibhy including Gathers verification needed to determine eligibility including sessment checks, landlord references, income verifications, assessment checks, landlord references, income verifications, seworker reports, ID's, custody papers, social security cards, caseworker reports, ID's, custody papers, social security cards, edit checks, police checks, etc; credit checks, police checks, etc; forwards completed files for review, determination, unit Reviews completed files and make final eligiblity signment to higher ranking staff; determination and unit assignment; >sists in annual recertification survey at the site welopment office; Manage unit inventory and assignment; verifies income information and family composition and )mpares with information obtained from EIV system to �termine total family income, send out third party as ,eded; Transfer offers and placements; determines and tracks adjustments to rent and Section 8 ibsidies; May facilitate Tenant Review Board hearings; processes intitial recertification package and monthly 3dates; May conduct administrative reviews of denied files; update all family and income information, apply correct ayment standard and utility allowance; Related work as required. -track inspections for completeness; -enter updated information in ML.S; assist in correcting errors reported in PIC system; manage transfer requests, update all household and income iformation, send a notice to the landord; -may prepare and conduct tenant and /or landlord briefings provide required information on the Section S program to anticipants. Prepare vouchers for distribution at the briefing; - obtain a copy of the lease and send HAP contract for ignature; -sends files out for leasing after they have been reviewed and pproved by higher staff; avestigates complaints and inquiries; - addresses and assists in solving issues with tenants; - answer tenant and landord inquiries; r .cci� +« in thp rnordinat of community service agencies; f B"vii'in ) HOUSING AIDE OCCUPANCY SPECIALIST JOB DUTY COMPARISON iOUSING AIDE OCCUPANCY SPECIALIST -as a result of inspections submits work orders for approval ind inputs into computer; - prepares and maintains records and reports relating to nspection process; kssists and particiates in lease enforcement and when ,prpssary eviction process; - kssists in the review of Housing Authority policies and inalicable regulations; Assists and participates in collecting of delinq accounts; Assists and participates in filing of warrants and petitions in ltv Court: _- Assists and participates in setting rents and leasing units in accordance with Authority policy agnd applicable law; Maintains files and records relating to tenants and annlicants; Prepares correspondence; - of requesting the purchase of goods or services), memos, Related work as required, FROM THE CITY CLERK Oct 27, 2009 0 0 0 3 Liquor License Applications Attached hereto are communications from persons applying; for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 943 Kensington 1108 -1110 Elmwood RECEIVED AND FILED Oct 27, 2009 Business Name Owner's Name New Fountain Blue Lounge David A Diaak Lister Goodbar Dominic J_ Massaro W 1 �° Shmdarrharrf ORIGINAL r " � 11 # I,If 1'tIQ11 NOTICE. FORM Jrrr!'rrrvr,hu.rr STATE OFNENN'VORK ti ExECtrnvR Db:PART-NIEN 1' 30 Advalree Native tr, a Local N111111ft alify ur Cuillrllllllrt Rimi'll DIVISION CE3N'1'[tE }E. in ernmevumr a €r!€ 111i, suhrrrirsm the ra Srnrr l.rgnu r Arrl7rurrlr of €kr � 'ti_ + � OF',A LC( lftt )LFCItEVE12AC'E � STATE LIQUOR nIITIIOItrry 1 A lrcant's Orl Ttnal (First) Oli n - PrelrSei Ale'nholic Bevera re Liceme .k 1 li cation or the LsUblishinent identified in this Notice (Pates 1 of 21 1. Date the Original LOP}' of this Notice was Mailed to the Local Muniripality or Cummunity Board: (f 2 0 If "NO , ANMVFAR Items NO, 25 -�2$_ THIS 30-DAY ADVANCE NOTICE IS BEING MAILED TO THE CLERK OF THE whi l h prOposccl L 0 nsed fsla}llishrnalnl. he ]nc "7C" FOLLOWING LOCAL MUNICIPALITY OR CpMMUNITY BOARD 2. Na€ue Of the Local Mt€ licipalily Or Community Board; (,lg 3. Stfcel Address of local MUOiCIpFlhty Or Cn117 €llelniLy Boar& 0 }( / f/ I , 1 1-70R q City. Town, or Village. Gf 7 i� D lu NY zip cndr: / Z- 0.7— 25. 'felephone Number 01 Clerk of LOCid Municipality or C6mnln ity r 26. 14110i$Ii;g Owner's SLrect A ddress: ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION LVITH THE APPLICANT'S ORIGINAL (FIRST) ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION FOR THEE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 6.. .t1l.iac #yAs-FFWI Name is: 7, Attorney's Street Address: o R. City. Town, Or Villager A te, /{ J 2-t r —•— L 9. Husinrss Tclrpluznc Number of Attorney: _ THE APPLICANT WILL FILE AN ORIGINAL (FIRST( APPLICATION FOR AN ON- PREMISES ALCOHOLIC BEVERAGE LICT:NSE IN ORDER TO CONDUCT— WITHIN THE IDENTIFIED ESTABLISHMENT— THE TYPE OF BUSINESS DESCRIBED BELOW 10. Type(Q of Alcohol to lac sold under thr. License ( "X" nn,eJ: T7 P7--c"' Wine and Pecr y Onl ❑ Liquor, Wine, and Beer • . l 1. Extent of Food service: Restaurant IBale of Food Tavern - Restaurant (A mired -us u e establishment that Tavern / Cncktod Lounge / Adult Vene / 11 Primarily; Full Food Menu; ❑ has both a sit -down dining area and a "stand -up" bar Bar (Alcohol sales primarily - meets legal ( "X" pneJ Kitchen run by Chef# where p:€trotas may receive direct deliveries of alcohol( minimum food availability requirelnentsj 12. '1)'pr of Esrahhsliment[ Live Disk JL11:e Peltrolm Dancing Cabaret, Night Cluil, paseotheque Capacity for 500 linirl Music 'lorkc I1ux y {Srnall scnlcJ [Large Scale CJ;znce Cluhj or nrurc jaa[rnns ( "X" a71 Club (e.g Golf f Ard G; Catering Stage Topless Other Frarernal CJ I31'eal 111�r apply) rg.) (list FaCllltV Shows ElltrrtalllniF lit ISpCCILVJ: - V.V..f 1.3, �sed Outea: Nanc Rooftop ❑ ❑Patio Frccsixndin, Garden Other g. / llerk ❑ or Covered Structure Grounds (Specify): 19. f ropase(I Monday - T--"ee de Wednesday A Thumdav Friday r� Saturday Sunda Llays and Hours •10 AMI [/ A3 3 ? j . U OAhf� :46 nh F : as AM M N{ I'M nl Operati(;u: -" -- _S _� {C:On}p!ete a11: r T � O n TO h1�/k TO To TO T YO cirrlr. AM Or PMJ °! _! M � f Od A "M 3� 0� A I'M r I M 0 (AT)I VA1 - , r� AM M � r _J20 A i'jl 15_ (( Will the proposed LiccII%e I -lol drTr_a Manager he ]>11 is illy present wit hin the c[.6ta b ltsh iivcn t during All IIOUrs of ()pc ra Lion? I "X" gllc f",S lEt] IU- /1j]]]Ileil stall �1 L'!Gl[ (4 it alibCl ": L7- The App4icanCs full Name, as it appears in the application for [he On- Premises Alcoholic Beverage License, is: 7 � �/oij 6 i o � 1 (/G� l J � _ �`jQ C 15_ The Full Name of die proposed licensed ithc Trade Name under mhich the / proposed Licensed Establishment will conduct busincssJ is: Ale u j roU J f "9 I A./ �i, (! 2194 .-J& 19 The proposed Licensed Esfablisinacnt is located within (he building which has Vic following street address: 1�1(p;v 20, CiR', Town, or Villa Gr; L.6 NY Zip Code 21. The proposed Licrnscd F_stablishmurit will he located on the following floors) of the building at [tic above address: SJ" A /V J> 22. kVithin the huiIding at the above addl - ess, the proposed Licensed Estabhshanelit will he located %vithin the roontlsJ num hrrr , l as follows. 23. Satsincss T(:lepItnnc Nunlhcr of the ,4pphcant / _ r� / L7acs the Applu. ant ou•r, the htlal[.{nlg In If "1'F,S , .SJcIP rtems tin_ 2,S-28. If "NO , ANMVFAR Items NO, 25 -�2$_ 24- whi l h prOposccl L 0 nsed fsla}llishrnalnl. he ]nc "7C" Yep Coo to ;tent No. 29. ❑ Then conrinuc Lo item No. 29, NO will l:rd' ( n�1 rt and rant { }lCI P. [hr fo oaazd rnrnplrrt [he form. OWNER OF THE BUILDING IN WHICH THE PROPOSED LICENSED E STAR LISHNJ NT WILL BE LOCATED 25. iu;jdhng Owner's Full Namr is r 26. 14110i$Ii;g Owner's SLrect A ddress: 27- Cati, Town, or Ltilia r: : 11 K i .- 7:p Code. 28. Liusinc.ss T'.1cphonr Number n1 Huildi €lg G 7,r : _ STATE OF NF%V YORK 13.\F.CIITIVF. €)VA'ARTNIF NT �, ten( -•1., DIVISION OF ALCOHOLIC IIEVLRACK CONTROL, STATF 1.JQI;OR AUTHORITY V•,rr,rrh,r <hc�•r! OI2I(:INA1, APPLICATION N0TICF F0R1r} Ii+r'r'r „I',d + „ r. �• -�`� 30 -flay Adviince Notice to a Local Mooicipality ur- Community Board ......... riuu u'ifh Ua•.vuhuli.rcinr + fo II+e .Srrac 1.+y +nu':l+rlhurill� gjflrr A h hell lit'.' ni'f 'lilac I'lrst {)il -f Yeinisrs Alcoholic IlevQ ra E Li cense A }llea(iotl for the Establishment Identified in )his Notice (Pape 2 of 21 Has a business involving the licTt W;15 11.c Co I I IcI 1.11 - "Sc II"1,1 'I ar .t Ell 111 A "r P ly S.i:; itv pe r si, IIL on- premises sale and /or consum€f 24. of alcoholic beverages "YES ", ANSWER Items No. 30 -41, if "NO ", SIi1P s item No. 30 -41. ever been concted with du J'I Ban n m O d complete the N Complete the 3 en €ries — 3 etrics at Ite No. 42. it Item Nn. 42. proposed LicLnsed Establish t PROVIDE THE FOLLOWING INFORMATION WITH REGARD TO THE LICENSED BUSINESS PREVIOUSLY OPERATED (OR NOW BRING OPERATED) UNDER THE ALCOHOLIC BEVERAGE LICENSE MOST RECENTLY ISSUED FOR THE APPLICANT'S PROPOSED LICENSED ESTABLISHMENT Type(q) of Alcohol sold under the most recent License (check one]- ❑ Beer Only ❑ Wine and Only V Liquor, Wine, and Beer , D - e .. e � r tent of ❑ Restaurant (Safe of Fooc1 'fave :rn- Restaurant (A mired -use e stablishment that I R {1 Tavern / Cod;tail Lounge / Adult Venue / ervice: Primarily; Full Food Menu; both ".stand J a sit -down (lining area and a -uf" bar - Bar (Alcohol sales primarily -meets legal G° one Kitrhen run ttv Chef} cohere patrons may receive direct deliveries of alcohol) minimum food availability requirements) (�'j op, o: I ] hotel [I Live i } irg Ca:bareL Mjt S Night Club, Discotheque 11 Capacity for 600 hlnl'nl.: IC X�Noil L - ,_ .. 1 (ti .IUCkCy f30.i" ln.tll Seale) ( €:d IBC 5i::}ICDa13CC t.In €1] or Rlnre pa tr4)n4 Club (e. g. Golf / Bed fl•. ❑ Catering ❑ S[age Topless Uther lyi ❑ Frtternai Qrg ❑ Breakfast Facility ❑ 11 -] Shows Entertain ment (Spccifv): ensed None Rooftop aa tdoor orDeck - Freestanding G rc3en / Other Covered Structure Grounds reas (Specify): Previous Mn Days and Ifqurs of Operation: � O A MM •llr._e ( q O_a AIs{ Wedneadav Thu ■da - --- Mdk �y // x0 A[yl �O r"r......Ed?Y &aturday Emn G Ayl/y�� J A P AM (Complete all; To r'I3'C'IC AM (11' TO TO T17 h 1 .: - ;lf / .t:1 I'rt TO T (] T� f ` / 1 ' •aJ AI'1&I `F� - , _1'M P& Al 35. m W;15 11.c Co I I IcI 1.11 - "Sc II"1,1 'I ar .t Ell 111 A "r P ly S.i:; itv pe r si, IIL NO { ( OUN`r RNOW or O t f3usfrless Tclepihonc ','Umber Of tire license holder of tile most rccentlN ]suer license for 11w App €:,nuts proposed Liecnscd fstlibHshnx-n. iJ�7 It Ole Original Application is approved, I am the Person who will hold the License or I am a Principal of the Legal Entity that wit hold the License. Representations in this font; are in full conformity with representations math. in dortintents that have burn submiitcd (or documents that will be subinitted] to Ole Slate Liquor Authority, and relied upon by the Authority. I understand that representations made in this farm will he also relied upon by the Authority, and that false representations in any docttment sulnnitted to the Aurliority may result in revocation of any license that may be issued, 42. 13y illy signature, 1 affirm - under Penalty of Perjury - that the representations made in this form are true. - - LVc� !`,u ✓?� K. S Ia411.os INFORMATION REGARDH)IC, THE ALCOHOLIC BRVERA(:E LIE) NSF MOST RECENTLY I &BUED FOR THE APPLICANT'S PROPOSER LICENSED ESTABLISHMENT. DOMINIC J. MASSARO 4779 Lauren Court Lewiston, NY 14092 October 21, 2009 CERTIFIED MAIL NO. 7004 2890 0004 8957 8636 RETURN RECEIPT REQUESTED Gerald Chwalinski Buffalo City Clerk 1308 City Hail Buffalo, NY 14202 Re: 1108 - 1110 Elmwood Avenue Buffalo, NY 14222 Serial No. 3005366 Dear Sir /Madam: in accordance with Section 64, Subdivision 2a, of the Alcoholic Beverage Control Law, please be advised the undersigned intends to apply for a new additional On-Premises Liquor License for the above numbered premises. Very truly yours, Dominic J. Massaro ry � C�7 f �7 1 7) Cn C) STATE OF NP,W YORK EXECUTWE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGFCONTROL STATE LIQUOR AUTHORITY Standardized ORIGINAL APPLICA'T'ION NOTICE FORM J >rPmvuling a 30 -Day Advance Not� a Local Municipality or Community Board in com,ection mth The submission to the Stoic Liquor Authority q ine Applicant's ri ip 1 First Op-Premises Alcoholic Beverage Liceirvic I' a ion for the Egablishment Identified in this Notice Pa 2 o 2 NF;C?RN€ 4JON REt.3A6iid' l`I- E A 0HOLIC $IwVE1�AC3E LICENSE d a3T_R G PlPL7I Tl9SUED FC)R 1 HE AfiF'LT�AI I "3?3'120POEP I tCENSEB EST 4BLISH2sENT Has a business involving the licensed on- premises sale and /or consumption If "YES ", ANSWER Items No. 34 -41, [f "N4 ", SKlP items N ©. 3Q -41. 29, of alcoholic beverages and complete the Complete the 3 entries NO ever been conducted within the Yes 3 entries at Item No. 4'2. at Item No. 42. proposed Licensed Establishment? PE�(7V 1 CEIE FOLLE)Vit €NG'1N1 O12tvlATlt?N jlo3 fii 1 �1I b 7 d THE L €�EN$EI3 8VSINGSS 1?12Et/10€3SbY OPCT241 isQ (OR Nil W. t3E1N0 OAERA E ❑# 11 EJN17Et2; TAl ACU`QE tffITL' -T3( ItE Cr1 I TCETdSC i4TCS1 RI:C ITLY3$3L1 P FOR Tl l /11'gLl� N1 PI�OPOSEt3 1IC1 NS1;D pSTAl3Ld9TIMENT 30. Type(sl of Alcohol sold under the most recent License (check one): ❑ Beer Only ❑ Wine and Beer Only � Liquor, Wine, and Beer Extent of ❑ Restaurant (Stile of Food cavern- Restaurant (A mixed -use establishment that � 'Cavern / Cocktail Lounge / Adult Venue / 11 bar Bar sales - meets legal 31. Food Service: ('X" one) Primarily; Full Food Menu; has . both a sit -down dining area and a'stand -up" )Alcohol primarily Kitchen run by Chel) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 32. Type of Hotel Lire Disk Juke Patron Dancing Cabaret, Night Club, Discotheque ❑ Capacity for 6011 ❑ pence Club) or more F'.stabtishment: Music Jockey Box (Small Scale) (Large Scale patrons ('X" all r� Club (e.g. Golf/ ❑ Bed & Catering ❑ S €age ❑ Topless ❑ Ocher Show"; (Specify): Show that apply) Fraternal Org.) Breakfast Facility Entertainment 33. Licensed ..Outdoor Patio Freestanding ❑None Rooftop Deck . ❑ Covcred.5lructure Garden / Other F-1 Grounds (Specify(; - Area (s : Previous Monday THRada WednepelM Tbur :day Irridav aF rda sund. Days and flours of Operation: ((�� �tL AM CM ,� -�[r�try� ,t AM&M �, f�f� AM� � /� - .� .(rs� AM t& � AM M) /� I AM`t".'l (�t� ��r - -v41 AM C 34. {Complete all; cbele AM or xo nr � r ot.J ll 10 'to t ��yynt'y 00 AM,PM a'o n ,�I n�ynr� *1' € Q .:f'M To r't � ..._IILJ tAM�F'Iv7 'ica :, _.:t ..S10LXX YJ m TO ��_: n� �l'h] To s t[Kh` ._4 Y 0M 35. Was the former Licetisc liolder or:t Manager physically present YES I I No � DON'r KNOW within the establishment during All Hours or Operation? ('X" gnc): 36. Serial Number of the on- premises alcoholic beverage license most 3005366 recently issued for the Applicant's proposed Licensed TstablishmerW 37 Expiration date of the on- premises alcoholic beverage license most recently issued for the Applicant's proposed Licensed Establishment: The most recent License Holder's Full Name, as set forth on Th Y Dd Q g T. n C . 38. the on- premises alcoholic beverage license most recently , issued for the Applicant's proposed Licensed Establishment: The Pull Name of the most recent licensed establishment (Trade Name) 39. as set forth on the on- premises alcoholic beverage license most l M ister QQ db recently issued for the Applicant's proposed Licensed Establishment: Is the Applicant's proposed Establishment Ir - YES - , ANSW ER item No. 41, If "NO', SKIP item No. 41, 40 currently open and being operated by the license holder of the most recently 'issued and complete the 3 entries Yes ® at item No, 42, ❑ and complete the 3 entries N O at Item No. 42. on- premises alcoholic beverage license? ( "X" one 91 Business Telephone Number of the license holder of the most recently issued 7 y T 8 U ry [. q �F v 0 Q 1 01 license for the Applicants proposed Licensed Establishmer - W 1 1f the {Ortgiztal Appt[dataop is appixtyed ltrtt ttie Person +[tho will hold the 1, or 1 a;tt ii`Pnncipai;oi the Let Entity filet will hold the License Repecseptdtipns In tltia toter[, tale itt lull crilafdrmlty vt[th representsUons msdo In docurnenfs that have been stibmttt d {or drJCliment that will be submttted� 3o the Stafic Liquor AvttturltY :scud reflect upon by tlic Alfthorlty 1 understand th if represent&uons r�tg[Ee rn fhtS forrn wf3l a also r0i0d itpot} by the AuttfOnty aiii9 that false rr<preseatAUans inrty _a domArdent silbmttted to tEic ?: Authority m ty result in tevoctidon 3f any =kense'tbat tray lie, issued, 42. Hy n1Y signature [ a4frm finder Peaitlty o[ Perjury .fhat the represe.:irtaGons Made iti t]ils form are true. . .. [Tinted Name Ti1Fe signature �aminic J. Massaro President { A A STATE OF NEW YORK FXECUTFV6 DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY { Standardized ORIGINAL APPLICATION NOTICE FORM for Providing n i 3_0_ -A4y A one Notice to a Local Municipality or Community Board in connection witfi the submissioh to the State Liquor Authority nflhe Applicant's Qrieinaf (h'irgi On-Premises Alcoholic ReyeraEe License Application for the Establishment Identified -in_this Noliee !Pane i of 2) L. Bate the Original copy of this Notice was Mailed to the Local Municipality or Community Board: l 0 2 1 2 0 f. 'I'itlS 3� IAY R1VA ftiCLh ItNC3 TyIIIIl I f TIiI;iL7� CYtI3 2. Name of the Local Municipality or Community Board: City of B uffa lo 3. Street Address of Local Municipality or Community Board: 65 N Square - City Hall 4. City, Town, or Village: j B uffalo NY Zip Code: ] 4202 5. Telephone Number of Clerk of Local Municipality or Community Hoard: 7 1 6 - 8 5 1 yy 5 4 J 1 AfiT11I2t�EY 3PktI SEN iIICI TIIE APpI CANT IM C4IIIIaGTit?I3TI31 APi t I�P,N3 �u OtItiINAIs �I IRfiI iJf PI2I NC[ S At 1C }I�I2AOE LI�I?11r5 AP1�T ICATIg1T k4?# TIi i�STAB�ISIih3Ii IYT If3ENTTFIiJD:IN TFII$ NOTICE 6, Attorney's Full Name is: i GC3TTt?t AnOe I (3 Peas s a ro 7. Attorney's StreetRddress: 63 Main Street 8. City, Town, or Village: N i a gara Falls N i zip Code: 14 -301 9_ Business Telephone Number of Attorney: / 1 6 2 8 5 3 0 8 ` TI[ I' i L IAr �T1, AiPjPiST� SN PSOI2' 1\ IT{) NRRIrIS [E7LTGBlvtlA{3FxTENI�' JR t 3 it, — �I 3IC� . �`� ., �.. _ _,. (�� . i _...e.., x -.. 10. MV Type(s) of Alcohol to be sold under the License [ °X^ ❑ e : [ I Beer ❑Wine and Seer Only Liquor, Wine, and Seer Type Only t_._1 Extent of Service: Restaurant (Sale o€ Food ❑ Tavern - Restaurant [A mixed -use cstablishMent that � Tavern / Cocktail Lounge / Adult Venue / ❑ has both dining "standup' bar Bar (Alcohol sales - meets legal 1_ Food ('X. ) Primarily; Full Food Menu; a sit -down area and a primarily Kitchen run by Chet) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) I ?.. Type of Hotel Live Disk x Juke v Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 ❑ ❑ Scale Dance Club) ❑ Establishment: Music Mackey IInx (Small Scale[ (Large or more patrons Club {e.g. Golf / ❑ Bed ❑ Catering � Stage 11 Topless ❑ Other Facill 5ho )specify): that apply) Fraternal Org.) Breakk fast Entertainment 13, Proposed Patio Freestanding Garden / Other None - Rooftop ® FI Grounds - - - - - - � Outdoor Area: nr Deck Covered Strueture (Specify): Proposed 7 a —tom° a� 7 U Ma g d a , e ur a � r� s - 9 r t � o 7 r d l a y �J e Days and Hours 3 t/U `� � A M - q 3 0 AM 6r"� 1L 'JU AM '^ A M AM ? AM �:�+ C. 14. of Operation Q TQ rin q, f1 ,��, i� n Ta r cF 00 e [J 00 {Complete all T`Y 00 {J kJ pM �F_..i -' tJO. � 'i,M ...... 15. -0 M M AM�,M - M...Ttk M M ly Circle AM (" "% ._. Will the proposed License holder or a Manager be physically present within the estabiishrnent during Ali I €ours of Operation? IX I YLSS ❑ NO t � ! 16. Application Serinl Number: 3005366 ly The Appl'icant's Full Name, as it appears in the application The Yell Dogg , Inc DBA Miste Goodba for the On- Prcmiscs Alcoholic Beverage License, is: 18 The Full Name of the proposed licensed Establishment {the Trade Name under which the proposed Licensed Establishment will conduct business) is: M i ster Goodbar 19 The proposed Licensed Establishment is located within 1 108 -1110 Elmwood Avenue the building which has the following street address: 20. City, Town, or Village: I B u f f a lo NY Zip Code; 1 4222 21. The proposed Licensed Establishment will be located on the following floor(s) of the building at the above address: 2nd 22. Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follows: 23. Business Telephone Number of the Applicant! 7 1 1 6 8 $ 2 - Lt 0 0 0 Does the Applicant own the building in If "YES ", SKIP items No. 25 -28, If'NO ", ANSWER items No, 25 -28. 24, which the proposed Licensed Go to Item No. 29, ® Then continue to Item No. 29, Yes N o Establishment will be located? [ "X° ug and complete the form. and complete the form. >�r III yVTICH .Iat�oi r I�ICIIarz l n1rsxsrT wii >3E I OCATEi3 25. Building Owner's Pull Name Is: LM0 A s s oci ates Inc. 26. Building Owner's Street Address: 6 31 i Street 27. City, Town. or Village: N Falls NY zip Code: 14 301 28. Business Telephone Number of Building Owner: 7 1 1.1 fJ V 2J �.J No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- x Comptroller- Nataliya Zingorenko Common Council- Assessment and Taxation- Public Works, Streets & Parks - Police- Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. 1. Oct 27, 2009 SINGLE: PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL,: FROM: DATE: DEPARTMENT: DIVISION: SUBJECT: L� PRIOR COUNCIL, REFERENCE: (IF ANY) C: Ex. (Item No, xxx, C.C.P. xx /xx /xx) `I.`,XT: (TYPE SIN SPACE B ELOW) October 20, 200 Audit and Control Comptroller [: Medical Leave of Absence for Nataliya Zingorenko I hereby grant a six month leave of absence, without pay, to NataliyaLingorenko from her Civil Service position as Senior Auditor in the Division of Audit, Department of Audit and Control, effective November 9, 2009 through May 9, 2010, in accordance with the AFL - CIO Local 650 agreement, This leave shall run concurrently with. her approved FMLA medical leave by the Department of Human Resources. cc- 7ingorenko TY PE DEPARTMENT HEAD NAME TYPE TITLE: SI GNATURE OF DEPARTMENT HEAD CC: Civil Service Andrew A. Sanfilipo Co roller ®04 34 No. Reports of Attendance 1 transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium x Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers .Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. OU 27, 2009 41 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE October 8, 2009 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on October 7, 2009, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman. Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenro, Secretary John E. Kennedy, Jr., Assistant Secretary DEPARTMENT HEAD NAME DAVID P. COMERFORD TITLE GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 0003; No. Notices of Appointments - Council Interns 1 transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. Oct 27, 2009 #4 (Rev 7 -47) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of 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: 10/06/2009 in the Department of COMMON COUNCIL Division of FILLMORE DISTRICT to the Position of INTERN V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLAIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ $8.00 LAST JOB TITLE INTERN V NAME KRYSTYNA NOWAKOWSKI LAST DEPARTMENT COMMON COUNCIL DATE 0712009 ADDRESS 63 HALLAM RD LAST SALARY $8.00 CITY & ZIP BUFFALO, NY 14216 LAST 4 DIGITS OF SSN, XXX -XX -0892 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L AST 4 D I G ITS OF S SN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1774 BUDGET ACCT, OBJ. PROJ. ID PERSONNEL REQ. NO 4962 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR 1:711MAIRrr7►11 i11G' ' 1�;L"- I*Wa'L4ii1111T WiN NAME OF APPOINTING AUTHORITY: GERALD A CHWAL.INSKI TITLE OF APPOINTING. AUTHORITY: CITY CLERK DATE: 10108/2009 SIGNATURE OF APPOINTING AUTHORITY -' - I, 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) 0003 " No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. q- ) Ocz 27, 2009 113 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointments) or pronwtion(s). I further certify that the persons) named in tiehedule "A" have been certified or approved by the I fuman Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Animal Shelter Attendant Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM jEnter Starting Salary) : Starting Salary of $21,527 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Heather Murray DATE ADDRESS 101 Hubbell Avenue CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -8500 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LA ST 4 DIGITS OF SS XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15203001 TITLE CODE NO SA95 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2009 -014 SALARY RANGE OF POSITION $21,527 - $35,551 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: Steven J. Stepniak {_ } SIGNATURE OF APPOINTING OTHER COPIES TO: #5- COMPTROLLER #8- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION 410- EMPLOYEE(S) Commissioner 113 (Rev 1 -02) Certificate of Appointment ]n cnrnplianee with provisions of Section 24 -2 of the Charter and Chapter 35 -t of the Ordinances of the City of Buffato, 1 transmit this certification of appointntcnt(s) or promotion( 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Hnrttan Resources /Civil Service for tho Appointment Effective: Ocotber 26, 2009 in the Department of Division of Audit and Control Accounting to the Position of Junior Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Flat (Insert one) tEnter Starting Salary) : Starting Salary of. $33,561 TEMPORARY APPOINTMENT MINIMUM LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Victoria R. Dabney DATE ADDRESS 132 TheodorkSt. CITY & ZIP Buffalo NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -2594 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 10443001 TITLE CODE NO 0500 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 5008 SALARY RANGE OF POSITION 33,561- 37,397 PER YEAR DAY HOUR YEAR REASON FOR APPT- ABOVE THE MINIMUM: Individual appointed in compliance with Local 650 Bargaining Agreement provisions relative to minimum compensation on appointment. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Andrew A. SanFilippo CqTptroIIe r c Ober 21,2009 ORIGINAL± 3 COPIES TO: CITY CLERK (ON /B&ORE APPOINTMENT_ PATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #O- DIVISION #10- EMPLOYEE(S) 1 � NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Oct 27, 2009 4tz 0003 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION OF{ OF REAL_ ESTATE 100 SENECA STREET BUFFALO, NEW YORK 14203 Al -AN P. TAYLOR, P.E. STANLEY GEE REGIONAL DIRECTOR ACTING CiOMMiSSIONER October 23, 2009 Mr. Gerald Chwalinski,City Clerk City of Bufalo 1.30 City Hall Buffalo, NY 14202 In Rc: SIJRPI.US PROPERTY CASE #O5- III - 2458 SOUTH PARK AWN(JE- KATHERINE S'T'REET TO LEE STREET MAP 34, PARCEL 23 PROPERTY LOCATION: CITY OF BUFFALO Dear Mr. Chwalinski : The property referenced above has been determined to be SUII)ILIS to current Department of , ri - ansportation needs, and will be recommended for direct sale to the adjoining Owne[•. We would appreciate your review of the enclosed information, and ask that you contact our office if the City of Buffalo is interested in utilizing this property for a public purpose. Please be advised that if no response is received by uS within 30 days of the date of this letter, we will assume that the City has no interest in the property, and we will proceed with marketing efforts. If you have any questions, do not hesitate to contact Real Estate Agent Barbara Miller at (71 b) 847 -3160. Thank you for your consideration and cooperation. Very truly yours, FRANCIS P. CIRII..,I Real Estate "icer II a By: Carl G. B lshara Real Estate Specialist II CGB:BRM:briil EnclOSUI - CS REFERRED TO THE COMMITTEE ON G 0 NMij U iNI T'Y 0E V EL0 P M� Ks r' 1 fti. . r r r r f� ?1 1 1 8 �� s I hereby certify that this is an accurate description and map made from an accurate survey, prepared undef my direction KRENDIEL ASSOC:IATLE ,4 Qate,�_ �./ �i9� �� iia� �`�. by (2-- James L. Guay, rtner P. L. S. Lace e No. 31731 I hereby certify that the prgpdrty d-.6crib4d and mopped above - Ise ne.cessory for this project, and the acquisition thereof is recommended. Date J to ►.L e _ j — J —��._. D. f[. Ketchum Regional Director of Transportation Region No. is NEW YORK STATE DEPARTMENT OF TRANSPORTATION Df SC.R IP71ON AND MAP FAR THE ACQUISITION OF PROPERTY CITY OF BUFFALO SOUTH PARK AVENUE KATHERINE: STREET TO LEL S'I' EBT ERIE COUNTY 34 YoUlAna 8,2501 Sq. Ft. or • 23 GEORGE. & MAZIE H. NAGEL 0.1903 Acre (Ropm4d ownwe ) Description and map of property which the Commissioner of Transportation deems necessary t.9 be acquired by appropriation in the name of the people of the State of New York, in fee, for purposes connected with the highway system of the State of New York, pursuant to Section 30 of the highway Law as authorized by Section 10, Subdivision 34 -a of the Highway Law and the Eminent Domain Procedure Law. There is excepted trout this appropriation all the right, title and interest, if any, of the United States of America in or to said property. Pursuant to statute set forth above and the authority delegated to me by official order of the commissioner of transportation, the above .description and map are hereby officially approved; and said description and the originhl tracing of this map are hereby officially filed in the office of the d tmen Date tJ � 9__Z_ J. E. cailisan Director Rral Estate Division I have compared the foregoing copy of description and map with the original thereof, as filed in the office of the department of transportation and t do Wereby. certify the same to be a true and correct copy of said original and of the whole thereof. Real Estate Division ray f� � .i3. V�bt ♦p 1- �. o w_ 04W 4-1 11"ZIP r ' A w o. �p � -' ce'`�' •.:€ �� � � } fad �_. ` - �'ye ��� "�� ':�, h� I SOIL CA065CI I I IN 18` WATER LINE ( PAINT10) $,jk,4,.STA. S.P. 8 +76.44 NOT TO SCALE CROSSCUT IN A S IGNAL POLE t PAINED} b.IfD A90VE SIDEWALK IL&Ct STA. SA 16+13.34w Ito t NCT A. L . 0- Q d clrY aF 9U FFA LO ' " S ` 9 GEORGE 8 : kk MAZIE 8. NAQEL 25. a pSR£PUTEO OWNERS) YAtG-ttlE POIN OF BEG NN NG (REPUTEO AWNEge) INSERT SKFTCH NOT TO SCALE SHOWN FOR GENERAL r INFORMATI ONLY, THE ACCU"CY OF WHICH IS NOT CERTIFIED BELOW. 1 ROBERT ROBINBON III CROSSCUT - �° a IN RAILING ° i s � CORNER 1 PAINTED) a ~ k �► 2.70 .w AWV£ GROUND ` k n UE LAJ ws W � u LL p ,. N °S5B FRAME HOUSE ~ \ >U °a +1 U U.. tQ N � w Q Q• u �N TELE, POLE „�, wl I _ \ XkAYARA IwX tXR WAY ... , I + --- pimply }711[IT V 1 � 1 1 p FU 2 JTMT Z ( POINT OF BEGINNING ---— _ d ; W0 FAA Ayff i. Qi _G clrY aF 9U FFA LO ' " S ` 9 GEORGE 8 : kk MAZIE 8. NAQEL 25. a pSR£PUTEO OWNERS) YAtG-ttlE POIN OF BEG NN NG (REPUTEO AWNEge) INSERT SKFTCH NOT TO SCALE SHOWN FOR GENERAL r INFORMATI ONLY, THE ACCU"CY OF WHICH IS NOT CERTIFIED BELOW. 1 ROBERT ROBINBON III CROSSCUT - �° a IN RAILING ° i s � CORNER 1 PAINTED) a ~ k �► 2.70 .w AWV£ GROUND ` k n UE 7 A LAJ ws W � u LL v LLI V o ,. N °S5B FRAME HOUSE z iI Qa A CELLAR >U °a +1 U U.. tQ N O -A*, r - 4 b .. t e. Q Q• w v" .ae � i cc �a. F.W W d (REPUTE' OWNERS IwX .. � V Jwqr , I + --- 1 � 1 1 © POINT OF BEGINNING ---— 7 A ws W � u LL v LLI V o ,. N °S5B FRAME HOUSE z iI Qa A CELLAR >U °a +1 U U.. tQ N O -A*, r - 4 b .. t e. -01 w v" .ae � JOSEPH S VALERIE cc �a. F.W W d (REPUTE' OWNERS IwX .. � V Jwqr , I + --- } k i S A. 9 � —EXIST $AC BDY. Wv ,: .'SAND &TONE CURS —TO DOWNTOWN BUFFALO S T4 E S N A --� SQUTH ap. 4, s- 50L55 -1Q -E _ PARK sa, I �a % 1IEM , it 8 Q. STA. $,P. 0 +76,44 CENTERLINE CF IMPROVEMEN SURVEY BASELINE 16" S6140STON CURB 1 - � STONE BLOCK TARRED STORE -- EOOTING = n �BL.0C3C CO UA1N EXIST. ST BDY. -- ALL THAT PIECE OR PARCEL OF PROPERTY hereinafter deslgndted as Parcel No. 23 situate in Lot No. 143, Township. No. )-0, Range No. 8 of the Buffalo Creek Indian Reservation in the Oct. 3. 2109 8:55AM 0 0 0 � IN S. 3880 P. i t October 8, 2009 I am very disappointed with the Erie County Parks Department and the City of Buffalo Parks Department. I paid $25.00 permit fee for a shelter at Houghton Park and the service was really bad. It was a Saturday and the pool, pool house and sprinkler pool was closed. It was . day an the weekend when most working families visit, the park with their children and to have the pool, pool house and sprinkler closed is very disappointing. I paid to use the park and wasn't able to have any extra activities for the children. That's why I have it at the park so the children have use of the pool and sprinkler. To have the pool house closed there were no use of restroorns or sinks. The port -a -johns had no toilet paper and were filthy, Also shelter one has no grill .(you have to bring your own even though you paid a permit fee), shelter two has a hale in the roof and we had to go to the pool house to got garbage cans. There were :none by the shelters. If we roust have these conditions then we shouldn't have to pay for services we don't receive. I have been purchasing a permit for a shelter at least once a year for the past 7 or 8 years. This was the worst it has ever been. To close the pool on the weekend makes no sense whatsoever. When the other city and county pools in Buffalo are closed on Wednesday. But not Houghton Park their closed on Saturday. Why? I would appreciate it if you could look into this problem and correct it. The park is a great place to have parties and to take your kids on your days off. Summer is short to begin with and not to be able to take your children to the park on a Saturday or Sunday is very disappointing to the parents and the children. Thank You and I hope you resolve this problem, Sincerely, t i a ?* 4 J 5 00039 October 22, 2009 Donald Grzebielucha 131 Seward (a.k.a. 40 S. Pierce) Buffalo, NY 14206 RE: Concern of the Abandonment & Sale South Pierce To The Honorable Common Council 1301 City Hall Buffalo, NY 14202 Dear Councilmembers: I am attaching a copy of Item No. 52, C.C.P. 9129109 and Item No. 37, C.C.P. 619109, which were received and filed by Your Honorable Body. The reason I am writing this letter is prior to the Legislation Committee Meeting my wife, Pam, was advised that this matter was being sent back to the Common Council with recommendations. At that time she was told that the recommendations would be that the abandonment and sale of a portion of South Pierce to Dan & Michelle Derenda, owner's of 41 South Pierce, would be subject to obtaining site plan approval and that the site plan would be subject to including allowing the owner's of 131 Seward 3 ft. of access (the westerly 3 ft, of the 18 ft. of South Pierce being sold to the owner's of 41 South Pierce) to allow vehicle egress.. and ingress into the backyard. of 131 Seward. Without this condition the City will cut off our onIV access for vehicles to pet behind our house and into our yard. When we installed the gate we did not think that this was a problem being that there was a Section in the City Charter (see attachment) Section 390 Discontinuing and Altering Streets This section of the Charter, which seems to have been deleted, stated that the street could not be sold without consent from adjoining property owner's or just compensation. Now that this section of the Charter can no longer be found, we were not contacted for consent or just compensation. We have put a lot of money building our home and fencing in our property with vinyl fencing. When we installed the gate we tried to put the gate in various locations, but due to the unlevel grade of the ground this was the only possible spot to place the gate. Everywhere else we tried to put the gate the fence was off the ground by almost 2 feet and defeated the purpose of the gate, which was to let our dog run loose in the yard and to keep him from getting out of the yard. Even if we somehow found another place to put the gate, the cost of relocating the ate is cost prohibitive and not feasible. I n Concern of the Abandonment & Sale South Pierce October 22, 2009 Page 2 We need vehicle access into our yard for several reasons, bringing in heavy landscaping materials, servicing our pool and spa and future development. We are thinking of putting up a gazebo and maybe a sunroom in the rear. My wife and I plan to remain in the City after she retires and would like to renovate our home accordingly. Someday, we may need to put a bedroom addition on the first floor by expanding through the back of our home. Without vehicle access to the backyard all of these things would be impossible to achieve for contractors and ourselves. We are asking Your Honorable Body table this item until you receive a communication to approve the abandonment and sale /results of negotiations of the easterly 18' of South Pierce to Dan & Michelle Derenda (owner's of 41 South Pierce). At that time we are requesting that you please approve the abandonment and sale of a portion of South Pierce to Dan & Michelle Derenda, owner's of 41 South Pierce on condition that they obtain site elan approval and that the site plan must include 3 ft of access allowing the owner's of 131 Seward to make the turn into their gate to allow vehicles ingress and egress into the backyard of 131 Seward. The 3 ft. of access would be the western 3 ft. of the 18 ft, of South Pierce being sold to the owner's of 41 South Pierce. Thank you in advance for all your patients, understanding and consideration. Sincerely, Donald Grzebielucha `: V LOP ENT. rage i or i No. 62 D & P Grzebietucha- Concerns Abandonment/Sale Portion of S Pierce(Lov) } ( #37, 619) That the above item be the same and hereby is Received and Filed. ADOPTED http: / /www .city - buffalo .com /WebSearchV3 / /index.aspx ?context — retrieve &idx -1 &reset =y 10/512049 No. 37 D&P Grzebialucha concerns abandonmentlsale of S. Pierce(lov) ' Re. Item #5, C.C.P. 4128109 (Abandonment]Sale Portion Dear Councilmembers: In the above referenced item Your Honorable Body approved the abandonment of a portion of South Pierce 18' x 245' to Mr. & Mrs. Daniel Derenda. In said item Your Honorable Body directed the Division of Real Estate to negotiate with Mr. & Mrs. Daniel Derenda for the purchase of 18 feet of the easterly portion of South Pierce and allow reasonable access to the neighbors to give them turn clearance to access their driveway. There appears to be a misunderstanding regarding the purpose of the access. The access is not needed to get into our driveway. We can access our driveway via Seward Street. Th a is needed..ta allow v..ehicies ingress kegress_ into o u r backyard throw h_a_ s[de. gate_( is the_onl access for a. vehicle l et into_ _our backyard�_The access is needed for landscaping and maintenance purposes and for future plans to expand our home. As the Derenda's have indicated they need 18' of the Paper Street in order to build their home leaving only 12' of the Paper Street. We, the owner's of 131 Seward, need 15' of the Paper Street in order to make the turn into our backyard via the Paper Street for future expansion of our home (3 season room), for landscaping and maintenance purposes. We are requesting that Your Honorable Body approve to amend Item No. 5, C_C.P. 418109 to read that the abandonment and sate of 18 ft. of the Paper Street be on condition that the owner's of 41 South Pierce give the owner's of 131 Seward (a.k.a. 40 S. Pierce) access to the westerly 3 ft. of the proposed 18 ft. of South Pierce which is being proposed to be sold. The 3 ft. will allow the owner's of 131 Seward the turning radius needed to access their backyard_ We have enclosed pictures of the area in question, so that you can have a better understanding of our situation_ We have been advised by an Attorney without a clear understanding of the circumstances in writing it will not be enforceable. If Your Honorable Body does not approve to amend Item No. 5, C.C.P. 4128109, we could ultimately be denied access into our own backyard. Our concerns are not with the Derenda's but if Derenda's ever sell their property the new owner's may not be as understanding and deny us the only access for a vehicle to get into our backyard and without this clause in writing we would have no recourse. Your support would be greatly appreciated. Don & Pare Grzebielucha REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL � C. P. 6 / q/ 6 7 TaMV 4 3o 1 c t&4 7/1410q Tai bk Ala y T ' g � . / 1 ajzlf ���,-�210 http: / /www. city - buffalo .comlWebSearchV3Hindex.aspx ?context= retrieve &idx =1 &reset =y 6/19/2009 %R'r- 2 1 (,C)N1.)F,JMNATION pJt[�['F:1 JJ1NGq ; :I.at decreed to be paid to the owner and to the perxon having such lease or agreement, and all of the covenants and stipulations contained in such lease or agreement shall ce +se And expire upon the lulynjent of the compensation decreed .Ls prat ided in the preceding section; and when A pert only of any l;anii shall be so taken, the said covenants and stipulatinnti tilIUIIJ cease and expire only as to the part taken; and t he court in which the proceeding was had, on the application of any party in interest to such lease or agreement, and after a notice in writing of eight days to the other party or parties interested, and after hearing the parties, may de- termine the rents, payments and conditions which shall be thereafter paid and performed under such lease or agreement in respect to the residue of such land; and such determina- tion of the court shall be binding and conclusive on all persons interested in such land. (As added by L. 1929, Ch. 527.) Sec, 390. Discontinuing and Altering Streets. When the closing of a street or alley, or part thereof, will cut off from all access to a public street or highway, any property abutting on the street or alley, or part thereof, sc closed, the same shall not be closed without the consent in writing of the owners and mortgagees of record, if any, of such property, or, in Iieu of such consent, the payment to such owners or mortgagees of just compensation to which they may be legally entitled after such closing, to be ascer- tained, determined, paid and assessed in the same manner as compensation for land taken by eminent domain proceeding, as provided in this article, is ascertained, determined, paid and assessed. (As added by L. 1929, Ch. 527.) Sec. 391. New Proceedings To Perfect City's Title. If at any time a proceeding heretofore or hereafter had by the city to take land by eminent domain, pursuant to this act or any other act, shall be found defective or insuffi- cient, or if the title acquired or attempted to be acquired thereby is found to be invalid or defective, the city may proceed anew to take such land in the same manner as if no 195 00010 IV ?37 Mairt Street, Suite 1700 Rtsffalo, NY 14203 Phone (7 892 -58; fAA [% [U) 8:7 2' =7042 wvvm buffal oj wj.org October 21, 2009 Michael P. Kearns President Pro Tempore South District Council Member 65 Niagara Square, 1401 City Hall Buffalo, NY 1.4202 - 3318 Coalition for Economic 3ustice — Statement in Support of Marine Drive Tenants Dear Hon. Michael Kcarns and Waterfront Development Committee members: Good Evening. My name is Andrew Reynolds with the Coalition for Economic Justice. Cp,J is a permanent coalition of over 70 faith, labor, community, and academic member organizations. Our coalition runs campaigns at the local and state level in the areas of accountable economic development and workers' rights. The Coalition for ;conomic h]StlCe shares the concerns of the Marine Drive Tenants regarding the proposed Commercial Slip Parking Structure. Given that we are paying for a large portion of' the preparation and final development of the inner harbor through our tax payer dollars, we believe the concerns of residents n]ost affected must be prioritized. The community should have a voice concerning the planning and dcvelopr]ent of the project. "I"o disregard community input is to disregard the it]vestor's input. We therefore applaud You for holding this public hearing and we strongly encourage you to contir]ue to listen and respond to the concerns of the imrnediat�e community adjacent to the Canal Side project as well as the broader Buffalo co1]]munity. Specifically, with regard to the focus of tonight's hearing on the parking structure, we have several questions and concerns to raise that we believe should be addressed by this body before any further development of the parking structure takes place. • Firstly, the need for such an intense increase in parking is questionable. Has there even becn a market study to justify the necessity of yet another parking lot`? • What is the purpose of this new parking struetu1 It seems to us that if there has not been any formal agreement made with Bass Pro, only long drawn out discussion and an MOU, to build a parking structure for them to lure then]. here is illogical and quite honestly unprecedented. It is truly putting the card before the horse. If Bass Pro does not end up opening a flagship store in Buffalo will we be left with a useless and unsightly parking ramp? • What is the full cost to local and state tax payers for the development and construction of' the proposed parking structure? Will the construction of the parking structure be considered a public works project and subject to prevailing rate requirements? Will local labor be used for the construction? • Further, we are concerned with the health and safety issues raised by the Marine Drive Tenants. This is a corrrrnunity in and of itself. l,recting a parking garage would fundamentally alter that community and poses potential health risks for residents. • The Draft Gencric Environmental impact Statement clearly states that the focus of the Design Guidelines is or] the pedestrian. I quote, "To provide a hun]an- scaled setting with good wayfinding and a comfortable walking environment; the automobile is considered and sought to be convenient, but not dominate the view." i interpret this to mean that a CE1 is a:] affiliate of fob-, With Justice and the New Fork State Labor Religion Coalition pedestrian friendly design, involving the creation of walkable areas that would allow individuals to safely access and appreciate the waterfront, should be privileged over automobile reliant plans. The proposed parking struCure seems instead to indicate that vehicular traffic is being prioritized A large chunk of public money was invested in the light rail that runts along .Main Street. Increasing the capacity or scope of our light rail systern should be emphasized so that it can better serve a primary means of transportation .for residents and tonrists alike. CEJ's concerns for this project go beyond the proposed parking structure adjacent to the Marine Drive Apartments. For the past 4 years, CEJ has been fighting for statewide reform of Industrial Development Agencies as part of a broader platform for accountable economic development. We are riot against development, brit we strongly believe that when tax payers are footing the bill for development projects, that those developments should meet clear accountability, transparency and quality job standards. CRI is committed to challenging the Buick fix, silver bullet solutions to urban povert job loss, and economic development that we believe the Bass Fro- Benderson plan represents. In examining experiences of other communities such as Cleveland or Baltimore, it is clear that heavy investments in retail and tourism are NOT the quick fixes to a faltering economy. Baltimore, with a history of rnarrufaeturing decline similar to Buffalo, aggressively promoted tourism and redeveloped their Inner Harbor in the 1970's and 80's. However, tite city neglected to enact standards to ensure that the new tourism jobs were of high quality. Asa result, low wages and part time hours are so prevalent that all but three ofthe city's non - managerial tourism job titles pay less than the federal poverty line for a family of four; many pay far less. When public money is involved, we believe the following commitments should be made regarding development throughout NY State, including on the waterfront development Canal Side project. Revitalization of conrntrnnities conies from clevelopmeut that recognizes the concerns and creeds Of contrnunity members, and that: Creates jobs that people can live on- NOT_just barely scrape by oil; d Prioritizes local hiring; Requires prevailing rate be paid for construction jobs, with minority, local hiring, and apprenticeship goals; Buildings be energy efficient; « Accomrnodatcs and nurtures small and local businesses as opposed to big box retailers, so that more money re- circulates in our immediate connmrnity; Focuses on mixed use development; ® Maintains existing moderate income housing while making new residential units affordable and available to low and moderate income residents. These arc key pillars to high road development, developu.1cnt that embraces the creeds of our community. This is especially important when you consider the fact that Buffalo has consistently ranked within tine top ten of poor US cities and that we continue to face staggering employment, Population losses, and a general decline in our quality of life. To be clear, CE- recognizes the importance of developing our inner harbor and revitalizing a critical piece of'our history, increasing access to and use of one of otn' most amazing natural �1 assets, Inld creating rnuch needed jobs. I lowcvcr, we do not feel that the true reality of the catlal side development can be fully recognized if con1rziunity members concerns go unheard. I would like to again thank you for the opportu��ity to share CEJ's co��)"nIeItts regarding the proposed park111g structure. Anti I would also like to comnacnd the waterfrolit co,1111littee for responding; so quickly to the demands of the Marine Drive "T'e11ants. We look forward to continued dialogue and action regarding the proposed parking striiCure and the broader canal side project to ensure developrncnt of a waterfront that works for everyone. Sincerely, The Coalition for r.:CQ[1o1)Iic Justice Cc: Il.on. Bnan Davis Ilon. Richard A. Fontana I1011. Joscph Golombck Jr. REFERRFIT) TO THE SPECIAL COMMITTEE ON VGA' - .I"RONI' I) VELOiDMEN` MARILYN GALLI VAN T I - - - - - - - - - - - - - - ...,. - - - - - - - ._ - - - - _.. 147 Marine Drive Apartment 11D Buffalo, New York 14202 -4211 September 15, 2009 Council Member David Franczyk Buffalo City Hall 65 Niagara square Buffalo, New York 14202 Dave, For the twelfth time since my first letter, asking you to convene a meeting of your "Waterfront Panel ", I did not have the opportunity to speak with you after the Common Council meeting today. Accordingly, enclosed you will find nine postcards; all depict the city of Buffalo; all were purchased at Jabco, the little shop in the middle of the Broadway Market; all were priced at only "three for one dollar ". I have placed 28q postage stamps on each. Dave, when a "constituent" (or any Buffalo citizen) contacts you, please have the good grace to respond : "got your letter "; "thanks for contacting me "; "I'll see what I can do "; "interesting idea". After three letters, I ask : - please don't appoint any panel or committee made up only of people who agree with you; and - please don't appoint a panel that is never called upon to do their task. While I'm at it, I also ask : - please don't ever bang that gavel in the face of another council member; people listen to what you say; give the same respect to others; and - when the public, at a public meeting, politely applauds after a presentation, no one should ever bang that gavel and say "there's no applauding in the council chamber "; we know that's not true. You may want to ask yourself "why ", other than those with specific agenda items, average citizens rarely attend the Common Council meetings; - you may want to reconsider a council member's suggestion to hold one meeting a month in each council district; parking downtown can be costly. (continued) 1�\ GALLIVAN 9/15/2009 page two You may also want to make Common Council meetings a bit more citizen -- friendly : - even if there's only one or two people, even if those people attend every meeting, welcome the public at the beginning of each meeting; -- make sure each visitor knows where to find an agenda; tell them when to turn to "Committee Items ", and when to return to "Resolutions "; -- don't speed -race through agenda items; if you don't treat council business as important, how will the public; and - on the rare occasions when an agenda item is not simply "approved ", "denied" or "referred to ", state and then paraphrase the Council's decision. Thank you, for your attention to my comments. 1 � RECEIVED AND HLED copy without enclosures Common Council Members Mayor. Byron Brown MARILYN GALLIVAN� 147 Marine Drive Apartment 11D Buffalo, New York iA r' l.. 14202 -4211 October 21, 2009 To : Common Council Common Council Common Council Common Council Common Council Common Council Common Council Common Council Common Council Member Brian C. Davis Member Richard A. Fontana Member David A. Franczyk Member Joseph Golombek, Jr. Member Michael P. Kearns Member Michael J. Locurto Member David Rivera Member Bonnie E. Russell. Member Demone A. Smith I have two statements I would Like to make, in relation to the (10/7/2009) letter sent by Joseph Makowski. 1. I am a resident of Marine Drive Apartments, and I feel we have been treated professionally and fairly by the Erie Canal Harbor Development Corporation. In addition to their other "public" meetings (at which a__.Y person can speak, on a ny issue), ECHDC held three meetings (on 10/29/2008, on 6/17/2009 and on 9/24/2009) specifically for Marine Drive residents. Prompted by allegations made at a 9/23/2009 meeting of the Marine Drive Resident Council, I compiled the notes I took at these three meetings. I found - the answers given, to resident questions, were straight - forward and consistent; ex. "Will residents have to pay ?" 10/29 "No "; 06/17 : "No "; 09/24 "No ". the information given, of the development; ex. "I can't visualize 06/17 : "There are will be at 09/24 : a slide pr was current for that stage this." no drawings at this time; they the next meeting." esentation and drawings - resident suggestions were heard and noted; ex. 10/29 : a suggestion regarding retail stores; 06/17 : "was given to the engineers" To be realistic, the people at and working with ECHDC are professionals and, I'm sure, have considered and (at the appropriate time in the "phase" process) will address every "concern" a Marine Drive resident can imagine. GALLIVAN- 10/21/2009 page two 2. At the 9/23/2009 meeting Mr. Makowski mentions in his letter, he was introduced as having been "retained" by the Marine Drive Resident Council. Shortly into his presentation, Mr. Makowski asked the residents present to vote to "retain" him (i.e. so he would be retained by all the residents, not just the Council). At the beginning of this meeting, it was said Mr. Makowski would provide his services "at no cost ". Later in the meeting, a resident asked him if he was working " pro bono "; his response was "no ". Mr. Makowski went on to say, he was working at a "public interest rate ". Whatever the terminology, I would Like an honest and straight- forward answer as to who will be paying the fee for Mr. Makowski's "legal services ". I sincerely hope the Common Council will ensure Mr. Makowski gives an honest and straight - forward answer to this question. Thank you, for providing this opportunity for residents to speak, and for listening to our concerns. Sincerely, r eel ' € Ml NT REF n N �. p" 0 ts" w ro �D� r'' bro pw 8�ro ao w ►�• a ra . Cn G to rn sy rt 0 <� 'y m p O n a a d" G- ro h CD w a p r R, �- a CD O D ro� oc � �wS. �'' J ����" ��?m ,•' < `°�� ~•���...� o ro ro n F r r' �, � M q ... ¢, d �'. p+ `,� n ' Fn ' iJ- -��" • b o ��... A t'n �'++ D ❑ UR ro � m m x gip . d rn o C w r, �r '[ �i €a. n� x + v� `< G F O r•y *�` w O '"J' r* O � �. r CS' 0 @ O x i Ks a� ° one �' .. o . n Fop n � S op. o� P. " r , "S " m rn m Ldrn rr U] .�• + � � � rr � p 'r� Q+ Ln O � `��• �' � C� �" `C <� CL b r" @ i9 ��.'' t:j �]+ C3 � fG � � .� � � O w h ` �' e�• • n .-+ � r� �Y�_ N �J � r H o ° us w. N Makowslki was elected to 14 -year term on the bench in 1999 MA.KOWSKI • from D1 commission decision to remove a judge disqualifies that person from ever serving on the bench agam. The commission said it in- vestigated allegations that Ma- kowski "failed to uphold the in- tegrity and independence of the Judiciary, failed to respect and comply with the law and failed to act in a manner that upholds public confidence in the integri- ty and impartiality of the judi- ciary. Also, the commission looked into whether Makowski "al- lowed a social relationship to influence his judicial conduct, lent the prestige of judicial of- fice to advance the private in- terest of another and voluntari- ly provided evidence, and acted in a manner that detracted from the dignity of his judicial office." the bench, making $136,700 a year, when he entangled him- self in a DWI case involving Ad- ams, a former prosecutor and later a defense attorney. . What put Makowski in legal trouble is the affidavit he signed after a Town of Hamburg police officer arresfed Adams on a drunken- driving charge last September. In his affidavit, Makowski stated he had been with Adams from 2 to 5 p.m. Sept, 2 on a professional basis. He then met with her from 5:30 to 7:15 p.m. in Shanghai Red's restaurant, on Buffalo's waterfront, to talk about changes Adams was con- sidering for a UB law school program. Makowski stated Adams or- dered two glasses of wine and a glass of water with lime while they were at the waterfront res- taurant. Makowski also stated that nothing in her speech, gait or mannerisms had raised his con- cerns about her ability to drive t evening. An eyewitness, however, told the district attorney's in- vestigators that Adams was stumbling as she headed for her car and that the man with her was holding her to keep her from falling. "After speaking with Ms. Ad- arm for another five minutes, I told her I had to get on the Sky- way to my mother's house," Ma- kowski said in his false affida- vit. "She told me she was head ing to her home in Angola on the same route. I drove over the Skyway to South Buffalo with Ms. Adams' vehicle m my con- tinuous presence." But an eyewitness told inves- tigators Makowski also got into Adams' car. Adams then pulled her car into another part of the Shanghai Red's restaurant parking lot, near the marina, and the two sat inside the car for about 20 minutes. .. . Law enforcement officials have a surveillance videotape of the .two in her car. Authorities also have evidence that she backed into a parked car before pulling away. When he pressured Makow- ski into resigning, Sedita said he would cooperate with the Commission on Judicial Con- duct, including turning over ev- idence his investigators collect - 6d. Neither the commission's decision and order, nor the stip- ulation between Makowski and the commission's administra- tor, provides information about the evidence the commission collected or details about Ma- kowski's actions. Adams, who has resigned from practicing law and is banned from. appearing as an attorney, was given a 15 -day jail sentence in April. But a senior state appellate judge granted her a stay of sentencing so her attorney could appeal the sen- tence. ewa-plaka?np@buffnews.com Makowski began serving as a judge in 7999, after winning election to a 14 -year term. He tha had about four more years on research THE 'L °1H it .L 1VE 1lLYlVC. APARTMENTS PETITION Twenty -four (24) petition pages were received; these had a total of 340 entries; - 3 entries had no address; 337 - 1 entry had a non - Marine Drive address. 336 The remaining 336 entries were plotted, by apartment, onto a grid for each building. Of these - 13 entries were disqualified as duplicates; 323 2 from Admiral 1 from Bayshore 1 from Coastline 5 from Driftwood 4 from Flagstaff - 9 entries had incomplete information, and 314 could not be confirmed as Marine Drive residents. 5 from Bayshore 4 from Driftwood buildings Admiral : 51 entries /49 valid, representing 42 apartments Bayshore : 35 entries /29 valid, representing 27 apartments Coastline : 56 entries /55 valid, representing 48 apartments Driftwood : 68 entries /59 valid, representing 47 apartments Ebbtide : 34 entries /34 valid, representing 31 apartments Flagstaff : 57 entries /53 valid, representing 42 apartments Gulfstream : 35 entries / valid, representing 32 apartments 314 269 apartments The following were not disqualified : 11 entries in which the name (printed and written) could not be read, but the apartment number was visible; 1 entry in which the signature did not at all match the printed name; 1 entry in which the written name was not the lease name, but the apartment number was visible. 1 ` It must also be noted 7 entries were names of residents who require a translator when in the office. _ ©00A3 MICTIAEL P, XL -15 SOUTH DISTRICT COUNCIL AUI 13!;R SQ Mt 1.401 E EtY FALL BUFFAi.o, NY 14202-3318 ?HC?IIIE: 851 .'i169 --) FAX !-- ! :'9'1 -mail: rnkearrs� i�uffalo.ccan3 t - IN1 CE `v tl IKo,Nl DEVELOPh I �L7 �i+A7Tr'` ES RURA C:tv t 5F tVIL F L.i SIM 12i,lI.F.S October 22, 2004 Dr, James A. Williams Superintendent, Buffato 1?ubl.ic Schools City hall - Rooln 712 65 .Niagara Square Buffalo, N.Y. 14202 Dcar Superintendent Williains: Vr 1. - ISC.AT7W, ASSISTANTS MARTHA -ANN MURPHY Kcu,Y M- : xuG Russ t -I, C. wI:,4Vfx As you may know, the City of Buffalo is constantly striving for ways to increase recycling rates arrmonost its .residen.ts and businesses. Small mcreascs .in recycling rates can make a big difference in the quality of our loCal envi.ronmcnt and translate to significant cost savings to the City. In July, 11,rtayor Brown announced that through efforts such as the creation of a "Cire;erl "Pearl" summer yoLIth program to educate people on the. importance of recycling, the City oFBu.ffalo would be aiming to increase its recycling rate 3 percent by April 22, 2010.. While the statewide recycling rate currently stands at approximately 12 percent, the citywide recycling; rate in Buffalo is closer to 6 percent, about half the New York State's average. One ofthe most surefire strategies for increasing recycling rates long term in our City is to ensure that people learn to recycle as children, thereby greatly increasing the odds that will n7ake recycling a lifetime habit that they continue as adults. I aun hoping to enlist your help in designing and distributing a recycling survey for primary school students in the Buffalo Public Schools. I already have sore .ideas for this project, but would appreciate your feedback and any ideas that you may have to ensure that this survey is effective; and age appropriate. a f� you are interested in participating in this recycling survey, please contact nic so that we can cl(Aeriline a time to d.iscf>ss this worthwhile project in greater detail. Best Regards, Michael P. Kearns RE, OMMITTEE Common Council Member— South District - N m� � . Common Council President Pro Tenlpore ®dea the People' cc041 sa I r ^:F Phillips Lytle LLP Joseph G. Makowski, Esq. 420 Franklin Street Buffalo, NY 14202 Re: Erie Canal Harbor Development Corporation Dear Mr, Makowski: r October 1.5, 2009 As you know, we represent Erie Canal Harbor Development Corporation ( "ECHDC ") with regard to Inner Harbor development efforts in Downtown Buffalo. We are in receipt of your letter to Common Council President David Francyzk requesting that the Common Council hold a public hearing concerning certain "unanswered questions" your clients, residents of the Marine Drive Apartment Complex, have regarding the proposed Commercial Slip Parking Garage. As an initial matter, I note that we were somewhat surprised by your letter being that we have offered in writing to meet with you on several occasions so that we may discuss your clients' concerns. I know in discussions with Mr. Manning that you have expressed some concern over the current review processes going on for the Commercial Slip Garage. I hope I can clarify some things for you. The Commercial Slip Garage is being undertaken in close proximity to and during the same time frame as the proposed Carnal Side development, a 1,075,000 square foot mixed use project to be anchored by a Bass Pro Outdoor World Store. Thus, to avoid any segmentation issues, for purposes of the environmental review process being conducted under the State Environmental Quality Review Act ( "SEQR "), the impacts of the Commercial Slip Garage are being reviewed as part of the larger Canal Side development. Empire State Development Corporation ( "ESDC ") is the lead agency for purposes of the SEQR process for Canal Side and is in the midst of a full environmental review involving an environmental impact statement or "EIS ". The Commercial Slip Garage will also be funded, in large part, through the Federal Highway Administration ( "FHWA "). As such, FHWA has an obligation to conduct its own environmental evaluation pursuant to the National Environmental Policy Act ( "NEPA "). Thus, there are two separate review processes currently being conducted involving the Commercial Slip Garage. ATTORNFY`, A - f LAW ADAM S. WALTERS, PARTNER DIRE:C7' 716 847 7023 AWAL- TCRS6 P111I... L.If'SLY'ILE. COM 3400 HSOC CENTER BUFFALO, NV 14203.2857 Prorq L_ 716 1347 8400 F "Ax 716 852 6100 FAL1FFAI.0 ALBANY CHAI..JTAI]CJLIA GAROLNCI IY NI':.WYORK ROCfE'SIr R WWW PWLLIP5LY' 1 „1:_[lJM a Joseph G. Makowski, Esq. Page 2 October 1.5, 2009 In terms of ESDC's SEAR process, you may not know, but there are several public hearings and comment /review periods required in association with the EIS process. First, there is a hearing associated with the scope of the EIS. This hearing focuses on public input to the issues that should be studied in the EIS. The scoping hearing for the Project was held on February 25, 2009. Many of the residents from Marine Drive were present. In fact, Joe Mascia, a resident of Marine Drive and a Commissioner with the Buffalo Municipal Housing Authority, testified at that hearing. While he did express some general concerns about impacts to Marine Drive residents, Mr. Mascia did not express any specific concerns about the Commercial Slip Garage and, instead, focused on whether Bass Pro was a suitable anchor for the proposed Canal Side development. There is also a public hearing associated with the DGEIS. Once the DGEIS is drafted (based on the final scope which is issued following the scoping public hearing), it is released to the public for review and comment. The DGEIS for Canal Side was released on September 17, 2009. As I believe Mr. Manning has informed you, a public hearing on the DGEIS is scheduled for October 20, 2009. As required by SEQR, all substantive comments made at the hearing or submitted in writing before the close of the DGEIS comment period on November 2, 2009 will receive written responses in the Final Generic Environmental Impact Statement on "FGEIS ". Following issuance of the FGEIS, there is another (minimum ten day) review period before final project decisions may be made. Aside from the EIS public hearings, there will be separate hearings held for the General Project Plan ( "GPP ") to be adopted by ESDC for Canal Side under Unconsolidated Laws § 6266. We also understand that City representatives have offered to host additional information meetings with Marine Drive residents. In addition to being surprised by your request that the Common Council hold a public hearing (in light of the numerous public hearings and comment/ review periods already being held), we were also surprised by your characterization of the Project as being „ fast tracked ". Initial planning for the Commercial Slip Garage originally began in the ry 'ter Joseph G. Makowski, Esq. Page 3 October 15, 2009 late 1990'x. The levels of activity at any particular time may have varied over the last 10 years. However, we trust that you would agree that one could hardly characterize a decade long process (so far) as "fast tracked ". Further, we are far from final decisions until the SEQR and GPP processes for Canal Side and the NEPA environmental process for the Commercial Slip Garage are completed. As a. final matter, I would note that there has been extensive outreach to Marine Drive residents since ESDC began redevelopment efforts along Buffalo's Inner Harbor in the Enid- 1990s. ECHDC, which was formed in 2005, has continued meeting with Marine Drive residents regularly. In fact, ECHDC has had no less than 4 direct meetings with Marine Drive residents in the last year. Simply said, ECHDC is committed to addressing and resolving all reasonable concerns of the Marine Drive residents. In this regard, we would offer, for a third time, to meet with you and your clients to discuss their concerns in greater depth and attempt to provide answers to their questions. Again, we hope you will take the time to review the DGEIS which supplies answers to many of the concerns you identified in your letter to Common Council President Francyzk and we strongly encourage you and your clients to participate in the upcoming DGEIS public hearing on October 20 and submit any written comments before the close of the comment period on November 2. In light of all of the above, we do not believe it is desirable for the Common Council to hold a separate public hearing at this tine. Indeed, coming the day after the DGEIS public hearing could very well be counter- productive causing confusion amongst the public. For instance, some members of the public may forego the DGEIS public hearing believing instead that they should attend the Common Council hearing. This could easily result in their concerns not being addressed in the FGE1S. Thus, we would strongly suggest that you ask that the Council postpone any hearings until after the SEQR and GPP processes have been completed. This will give the on -going processes a chance to work to resolve your clients' concerns. Joseph G, Makowski, Esq. Page 4 We look forward to hearing from you. Very truly yours, Phillips Lytle UP By Adam S. Walters ASW/pjs cc: Common Council President David Francyzk ECHDC President Thomas P. Dee Kenneth Manning, Esq. Doc # 01-2326454.1 R E, F October 15, 2009 Statement to the Buffalo Common Council Waterfront Committee Richard L. Taczkowski, M.U.P. October 21, 2009 Contact: 854 -3479 and 1 -888 -902 -9765 Thank you, Mr. Chairman for holding this hearing. My name is Richard L. Taczkowski. After performing public service throughout New York State for most of my adult life, I took up residence at the Manne:Drive Apartments in May of 2008, where spend much of my time when am not in the Southtowns attending to an aging parent's health and business matters. In 2006, after 2 years of full time study, I was awarded a Master of Urban Planning degree from the University at Buffalo. l have worked in the field elsewhere, but owning partly to limited opportunities presented by Buffalo's dismal economy, I have not been able to fully utilize my training, except to assist the City of Buffalo, its residents and community groups, in several volunteer consulta ca paci ties . Having been a former liaison to the planning board and zoning board of appeals of the Town of North Collins, where I served variously a`councilman, deputy supervisor and village trustee during most of the 1990s, I am fairly conversant with the SEQRA and GEIS processes. Even with . background, I freely admit that, like most citizens, the press of daily living prevents me from having the`time necessary to fully read and digest all of the applicable documents relating to Canal Side. I hope, nonetheless, that I can add helpful information to aid in your deliberations. Attendance at the various meetings and hearings and preparing thoughtful testimony is about all any agency like the Erie Canal Harbor development Corporation'(ECHDC) should ask of the citizens of Buffalo. Although I signed the petition opposing the ramp, not being a member of the Marine Drive resident council or, as was the case with the vast majority of residents, not present at some recent tenant association meetings, I was not party to the decision to retain (on a pro bono basis), Mr. Makowski to represent the council and association. While I am not opposing that action, and completely understand why others thought it necessary, this resident, if asked ahead of time, would have preferred more dialogue � �N3 and negotiation in advance of the decision to proceed in a more legally adversarial route. Nonetheless, i fully support Mr. Makowski's surveying the legal landscape of this project, with the hopes that the intercession of the Common Council, and other governmental entities, along with open dialogue and negotiation with ECHDC, will preclude the need for litigation. (Parenthetically, it is my understanding that issues of tenant representation; roles of the resident council vis a vis property management; and which governance model should be utilized at the complex; have been ongoing sources of debate among some residents.) Due to the contentious nature of current Buffalo and'New York State politics, I feel compelled to state for record that 1 am not on anyone's side or in anyone's "camp" on this issue. Nor was I involved in either candidate's mayoral campaign this year. Hence, my considered opinions and recommendations -- both as an independent - minded Marine Drive resident and trained urban planner -- are strictly my own... have come to know the waterfront and downtown through extensive walk- abouts through the entire area, which has allowed me to see the developments and existing conditions in detail "On the Ground," as they say.. I have also used my planning education to view the area "From the Air. ": That is by utilizing': aerial photos and maps, thus providing the "B.ig Picture" :.,of what is. transpiring and possible there. I want to say from the outset, that, due to my other responsibilities and the fact that I have not been retained by anyone to do so, I have not had the luxury of studying in detail all of the plans put'forward by the Erie Canal Ha rbor.Development Cooperation. However I feel confident` enough in mygrasp current city plans and proposals to make some preliminary. professional observations.. s.. Before doing so.] want to mention that after having resided in units near the Skyway/ 190 complex and facing the recent demolition and construction site, I was diagnosed by an allergist as having an allergy for mold and a respiratory reaction to irritants, such as dust and exhaust, for which the specialist prescribed an inhaler for the first time in my life. I had to keep my windows closed for much of the summer to avoid the odors and dust coming from the highway and demolition. All this compelled me to request a move to a better location. I can only imagine how this situation will be exacerbated by the construction and use of a four to six story parking ramp; not to mention the particulate matter from additional carbon emissions that my allergist couldn't even measure. 2 1 �t} At an informational meeting for Marine Drive residents at the Pearl Street Grill Brewery, sponsored by Assemblyman Hoyt and Senator Stachowski just before their 2008 re- election. I addressed ECHDC Chairman Jordan Levy about the need to make the area pedestrian and bicycle friendly, with small scale local retail services like cleaners, shoe repair, small grocers, coffee shops, car rentals, pharmacies, and perhaps even some health practitioner's offices, open into the evening for the convenience of both visitors to Canal Side and Marine Drive, Waterfront Village, condo, loft and apartment dwellers alike. I was happily told this message was heard and that these features would be incorporated into the final plan. I understand that some of this could go at the base of a multi- story hotel (that posses separate problems) neart he Commercial St. corridor of the current M.D. parking lot. We have heard the public comments of Mr. Levy, whom I tremendously respect, that one of his biggest satisfactions of with regard to the "Rock the Harbor" concert series is the influx of so many suburbanites to the. waterfront and downtown. While this component is crucially important to the success of any commercial destination development, I am concerned th the local goods and service component, which would benefit visitors and residents.of all economic and social classes, has not been fully planned out, or at least not widely disseminated and discussed. In addition to the obvious attendant noise; pollution, traffic, and security issues posed by a parking structure within the current surface parking lot of Marine Drive apartments, is the issue of increased density, making for a less pleasant living experience for residents. Architectural historians may.tell you that many of the housing projects of the fifties were built in a basic "Corbus style." Swiss architect, Le Corbusier, devised the concept of "Towers in a Park,' which called for high rises containing people living in close proximity to one another: However these densely packed conditions were mitigated, and indeed complimented by common green space, gardens, play areas, and mixed -used ground floors that contained shops, conveniences and services that residents in each part of the complex could avail themselves of. You may find many of these elements today at Marine Drive, if only in a limited way. The "Towers in the Park" paradigm can not work healthfully and optimally if the park (i.e open green space, or open view -sheds are eliminated by a combination of vertical and 3 rj'✓ horizontal development. The built -in complementarily and functionality of it is lost when the people- to- space ratio is unacceptable. An artist's bird's - eye -view rendering of the complex seen on the wall of the Marine Drive Office, will show a base ball diamond and athletic filed where the parking lot now sits. I understand much of M.D.'s parking was near Erie Street, which was reconfigured in the early 80s for the current suburban -style landscaping leading up to Shanghi Red's and the Erie Basin Marina. For whatever reason, this green space was never reclaimed elsewhere. Although Matt Davidson of ECHDC pointed out in an e-mail to me that new recreational space was created at Canal Side, a call to Morgan Smith, operations director at Buffalo Place, informed me that current rules allow playing catch on the area, but no "competitive sports" such as a pick up touch football game. ,Long time residents tell me that Marine Drive is becoming increasingly large - family oriented. Many.residents have complained about the somewhat understandable noise the children create at the play -round or surrounding green areas. How would a proposed ramp, which would create a visual and physical barrier, essentially hemming in the apartment complex, add to the recreational and pleasant enjoyment of.the. common areas for children and adults who already feeling squeezed in more ways than one? I attended informationa[sessions can the ramp at Marine Drive in June and at ECC City in September... At the.June meeting, "I indicated concern with the lack of grade level ped /bike /handicapped access to the development and downtown, without having to traverse the streets leading east from the north and south perimeter of the parking lot. It is ludicrous that a pedestrian should have to enter a ramp, and get in a car to drive out of the complex.; (Incidentally, I am researching the history of these roads ringing Marine Drive. I find it hard to .believe that these were all always public thoroughfares subject to the 30 m.p.h. speeding limit) At the ECC meeting, almost four months after our concerns were aired; I saw no drawings with the ped /bile walkway I suggested, nor any information on car exhaust remediation, noise- baffling engineering features, security plans, retail services or anything that would mitigate the negative externalities posed by the operation of this ramp. I did hear that a mixed use ramp was out of the question due to funding parameters. I assume that is because that retail components are going elsewhere, leaving many economically challenged and ethnically diverse residents of Marine Drive to host the least desirable of all elements of this development. 4 Many on the following recommendations may not seem germane to the specific issue of the parking garage. I would submit, that any holistic, comprehensive approach to city planner would assert that issues of complementarily and compatibility with other land uses are of crucial importance in deciding whether to build a ramp at Marine Drive. This approach needs to replace the somewhat more narrow focus that appears to inform the development process. Recommendations (if they already have not been considered and can be implemented within applicable laws, rules and regulations, and an expedited time frame): • The Common Council should call for the Parking Board and /or other appropriate agencies to commission an outside firm to.conduct a comprehensive parking study to determine projected needs, under- utilized current surface space and structures, and traffic impacts attending various parking scenarios envisioned not only by the Canal Side project, but how parking outside of the project area impacts the project and vice versa. • The Common Council should request the NYS Office of Parks, Recreation and Historic Preservation to become intimately involved in permanently overseeing the historic integrity of the project; including the current public realm. The council should ask OMRHP to give Can Side a formal historic designation and station park rangers and interpretive specialists on site to provide visitors with a fuller experience and monitor ariy,agreements OMRPH may make with ECHDC with respect to preserving the historicity of the site. • Request BMHA, ECH.DC and applicable youth and park agencies, to asses the availability of active recreation for Marine Drive and Waterfront Village youth. Ask Canal Side to incorporate interesting free recreational alternatives on the project site, while encouraging and facilitating better bicycle access through Waterfront Village to LaSalle Park, which I understand is slated for major improvements. • Ask the Office of Strategic Planning to access the likelihood of future the straitening of Erie Street, in light of the recommendations in UB Urban design Project's "Queen City Waterfront Plan." Also, what is the likelihood that downtown bound traffic would be routed on the outer harbor and connected to Erie Street via a vehicular bridge? What might this do to the landscaped k greenway, trees, and medians that now adorn the westerly lake view from the apartments? Also, how would parking pressures be addressed or increased by the construction of a hotel near Shanghai Red's? • Request that OSP and ECHDC conduct a study of the potential spinoffs and impact on the Main Street retail starting with the plaza billings at HSBC tower and working up to the Main Place Mall and ending at Tupper Street. Will the development future decimated the vibrant downtown of the 40s -70s in the same way as the 300 and 500 blocks functionally replaced lower Main St. and the waterfront as the locus of commercial activity? Or will Canal Side spur adaptive reuse, historic preservation and retail up .Maim? • Ascertain what role GBNRTC, NFTA,,NYSDOT, and other entities will play in establishing a multi -modal transportation Center • Although it is late in the process, call upon ECHDC to hold planning charettes to fully engage residents and stakeholders in brainstorming and discussion of all remaining aspects of the development. Area that can't be modified should be determined up front to reduce false expectations and`wasted time and effort on the part of charrette participants. "LVELOIVENT 0004 , New York State Environmental (duality Review Act A k' Draft Generic Environmental Impact Statement Proposed Action: Canal Side Project Buffalo, Erie County, New York September 2009 Lead Agency: New York State Urban Development Corporation dlb /a Empire State Development Corporation Contact: Paul Tronolone Empire State Development Corporation 95 Perry Street Buffalo, NY 14203 716- 846 -8200 Project Sponsor: Erie Canal Harbor Development Corporation Contact: Matthew N. Davison Erie Canal Harbor Development Corporation 95 Perry Street Buffalo, NY 14203 716 -846 -8258 Prepared by: PAR SONS BRIIrNCKE'RHOFF This Draft Generic Environmental Impact Statement ( "DGEIS ") was accepted as complete by the New York State Urban Development Corporation d /b /a Empire State Development Corporation ( "ESDC ") acting as Lead Agency on September 17, 2009. Comments on to this DGEIS must be submitted to ESDC by November 2, 2009. RJ ,'� i / cr r a�a✓ � -vr ovaaoo Cw sea ♦arw •r av�wrr�rs MICHAEL J. LOCURTO DELAWARE DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1405 CITY MALL BUFFALO), NY 14202-3318 PHONE: (716) 851 -s 155 + FAX: (716) 851-4553 E -mail: nzlocurto�c:ity- bulfafo.con� LEGISLATIVE ASSISTANTS PAUL ALAGNA BRADLEY K. HAMM SAMLIFI_ SANDERS October 23, 2009 Gerald Chwahnski, City Clerk 1302 City Hall 13L1ffalo, New York 14202 Canal Side DGECS Comments Dear Mr. Chwalinski: CHAIR COMMUNITY DWELOPMENT COMMITTEES LEGISLATION FINANCE BL1Df',LT BOARDS BURA Please file the attached item for further discussion at the next Common Council session to be held October 27, 2009. Thank you in advance for your assistance in this natter. Sincerely, r � MWHAEL J. LoCURTO Ddawar•e District Councilmernber• Working for Today - Planning for Tomorrow MICHAEL J. LoCURTO DELAWARE DISTRICT CC3UNC11 MEMBER 65 NJAUARA SQ41ARE, I LIf35 C.1 i Y I IALL BUFFALO, NY 14202-33 18 PHONE (716) 851 -51!i5) 4 FAX: (7 16) 8- 1-4 C- rrr�ril: €rrlocurE<�C�r ity- buFfalo.carri IEGISIAT1VE ASSISTANTS PAUL ALAGNA DRAM IY K. I IAMTA SAMUEL SAi`lDLRS October 22, 2009 Paul Tronolone 1 mpire State Development Corporation 95 Perry Street Buffalo, NY 14203 Dear Mr, Tronolone: CHAIR CONIN -1UNHY 0FVELOPMEN7 COMMITTEES LEGISLATION FINANCE BUD GI I BOARDS BtJRA Thank you for this opportunity to comment. on the Canal Side Draft hnvironinental Impact Statement (DGEIS). As one of the largest proposed development projects in the city in many years, Canal Side is obviously of great interest to the I1tlffalo Common Council. As an individual Councilmetnber, I must note the large public investment required to bring this pto.icet to fruition. According to the ECI ICD, the cost. of Canal Side will be `b315 million, which includes both public and private investment. In order to see they fullest return for that public investment, I believe that the project should have clear, legally binding agreements regarding sustainable design and green infrastructure; set aside space for local, independent businesses; and - job quality and access. It is only through such agreements that the substantial taxpayer price tag can be justified. These agreements should be in place before any contracts or leases are awarded or approved. A project of this magnitude, heavily financed by public subsidies, must benefit the entire community. 'f�bat is why I any joining others, including the Coalition for Economic Justice, in calling for a Community Benefits Agreement that: Ensures the creation of quality permanent Living Wage jobs; ® Requires prevailing rate be paid on all construction jobs, with minority, local hiring, and apprenticeship goals; Includes a green building and green infrastructure requirenicnt so that all buildings meet LEID- Silver standards or their equivalent; • Accommodates and nurtures small and local businesses so that more money re- circulates in our immediate community by setting aside appropriately sired commercial spaces for local, independent businesses; and • Focuses on mixed use development Working for Today - Planning for Tomorrow While many of these points are mentioned in the DGF:IS, there does not exist the clear, et - ifcorceable goals that a Cotnnlr.nity Benefits Agreement would provide. Without such in agreement establishing specific goals, requirements, and enforcement mechanisms, l fear this project will not yield an adequate return on the considerably public investment required in this project. In the third poorest city of its sire in the country, attracting; businesses and creating jobs is clearly of the utmost importance. However, we need to attract accountable businesses and create quality jabs. A legally binding Community Benefits Agreeinent will achieve these goals. Again, I thank you for the opportunity to comment in the Canal Side DOP"IS. I look forward to the continuing dialogue surrounding this project. Sincerely, MICHAEL J. LoCURTO REFERRED - 5 1- 0 THE CORARAITTEE ON COMMUMITY 011-EIVELOPM ENT. 1 4 A S A.I,II.IOCI A Y .ViS. J _I AA -) [ k (ringer D. Schriider, Esq. (716) 881 -4901 #sch�roder�alcgaj.c��i� j 1 S October 23, 2009 �I,L t l Via Hand Delivery /y .3 1) � ��i'f/�� Councilman Richard A.. Fontana Common Council 1414 City Hall Buffalo, New York 14202 e: Late Filing Dear Councilman Fontana. Please find enclosed a letter to President Franczyk and Members of the Con rlon Council. We would greatly appreciate your approval for late filing in order to put our concerns on the agenda for the next meeting on Tuesday, October 27' Thank you for your consideration. Sincerely, SCHRODER, JOSEPH & ASSOCIATES, LLP Ging • D. Schroder 766 Ellicott gt.rect Buffalo, NY 14203 ;i Tel: (716) 881 - 4900 y Fax: (7:16) 881 - 4.909 N S OS11A.'I, I !'�SSO CIAI S, .I A.Al ' . October 23, 2009 Dear President Franczyk and Members of the Common Council: As you know, in addition to being a resident of the Midway (Row I-louses on Delaware Avenue between Allen and Virginia), I also represented a group of neighborhood residents more than one year ago relative to the issuance of certain licenses and permits for the Stillwater Nightclub and Restaurant, a business establishment in the .Midway (481 -483 Delaware Avenue). Background The residents were successful in opposing the proposed issuance of a permit for a large outdoor patio. Subsequently, the issue was raised as to various permits necessary to run the already existing Nightclub and Restaurant. Ultimately, the Stillwater was granted the permits it was seeking with input from the residents as to the conditions that should be placed upon such permits with a condition that the permits be subject to review and renewal every year. The Licenses at Issue My understanding is that while one permit has recently been renewed, two others are currently up for review, including the Stillwater's Restaurant and Dance License permit. I would like to give advance notice to the Common. Council that the same group of residents will be opposing the renewal of those permits on the grounds that the Stillwater - Nightclub has not operated in accordance with the express conditions placed upon the original permit in the first instance. Excerpts from the Common. Council proceedings October 28, 2008 reveal the following: A communication from the Department of Economic Development, Permit and Inspections Services, dated October 23, 2008, was received and filed. Further, pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services was authorized to grant a Restaurant Dancing Class III License to William R. Goodhue d /b /a Stillwater Grille, LLC located at 483 Delaware Avenue, with the following conditions 766 Ellicott Street s l�rrffalc, NY "1/203 'fel: (.716) X351 -49oo ax: (716) 887 -- 4909 s S y%AN1 w.sjalCgal. corn o The licensee shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic beverages from the interior of the premises; o That the licensee enforce a policy that there be no loitering outside of the premises, in front of or behind the premises for the purposes of drinking; o That the licensee keep the parking lot behind the building free and clear of individuals drinking; o That the licensee promptly respond to any and all complaints from the neighbors and /or police of excessively loud music, unruly patrons or people loitering; o That the licensee shall keep all entryway and exit doors closed and that no, doors be propped, hinged or kept open; o Security cameras will be installed for review as necessary; o License will be subjected to review before renewal is required. Private Investigators The neighborhood group has again retained the services of private investigators to document that the Stillwater has been in non- compliance with express conditions noted above and we are prepared to share that evidence with the Common Council at the appropriate juncture in considering a renewal of said licenses. Securi The Stillwater has provided security at the exits and entrances of the establishment. However, those security men. are not proper security personnel as required by law. Those security personnel have also turned a blind eye to violence and misconduct on the premises, including but not limited to violence occurring between two Stillwater patrons in the back parking lot of the Stillwater due to (according to the security officers) racial issues, which was captured on our undercover video. Under the law, the security hired by the Stillwater must be licensed and trained pursuant to the Rules and Regulations of the New York State Liquor Authority. These security personnel have confirmed to our investigator that they hold no such licenses and that they have not been so trained. Furthermore, Stillwater security pernrits patrons to leave the premises with alcohol and permits loitering in the front and the rear of the premises. Complaints We have requested that the Buffalo police forward to your offices the complaint records for 481 -483 Delaware. We were only permitted to ask the Buffalo police for call records for one address, which we did. However, 1 am informed by certain residents that complaints were made where the caller identified the properties complained of simply as the "Stillwater" or similar such. name or for another address such as 487 or 489. It is our belief that the police have not been totally responsive to such calls for whatever address has been complained of and we have watched police cars pull up only to pull away without the officer leaving the car, or that the noise and other problems are addressed by r'� s the police but that as soon as the police leave, the problem resurfaces. Clearly, there have been incidents of unruly patrons, and the police have been called for such instances. Propped Open Doors This has been a significant problem and has added to the noise and quality of life concerns for residents. Despite the mandate in the license that doors cannot be propped open, such are regularly propped open and we have documentation that the Stillwater is in violation of this condition often, and, as a result, noise from the Stillwater premises can be heard far down the street from the Stillwater and across the resident's property lilies. Further, we note that the City Charter prohibits such unreasonable noise under § 293 -4: Specific acts constituting unreasonable noise. The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise: .....B. The use of any sound - reproduction device inside a stricture in such a manner as to result in the sound or any part thereof from such apparatus to be projected therefrom outside of the structure or out of doors at any time within the residential areas or during night hours in the commercial areas whereby the round can be audibly heard more than one hundred (100) feet from the realproperty boundary line from which the noise emanales. Sound which crosses any real proer boundary shall be deemed to be rojected within the meaning ofthis chapter. Nothing within Subsections A and B herein shall be construed to prevent the operation of any such apparatus by any person within any building or stricture, provided that the sound therefrom or any part thereof is not projected outside of any building or out of doors, or to prohibit the use of any apparatus with a personal earphone so that the sound therefrom or any part thereof is not audible to persons other than the user of the earphone. Security Cameras One of the reasons that the Stillwater was required by the Common Council to install security cameras was for the purpose of being able to document their compliance with the requirements of the pen -nit and so that the residents would not have to engage costly private investigator services again, as we did the last time, to prove the Stillwater's non- compliance. We are informed that, in fact, there are no such installed security cameras (by the security personnel at the Stillwater) and a simple review of the area does not reveal any such installed cameras. Back Due Taxes and Foreclosure Furthermore, the troublesome question of back due City of Buffalo taxes is still an issue. Much was made of this issue in the proceedings over one year ago. The properties for 481 -489 Delaware are combined for tax purposes as noted in the Common Council proceedings and, from what we can tell, in City records. The attorney for the Stillwater i promised that all back taxes would be paid during the course of last year's proceedings. That has not occurred. Taxes in the amount of $29,541.68 for both 2008 and 2009 are owed for the property that the Nightclub Restaurant and Bar are located in. A portion of the Nightclub Restaurant and Bar are located in 487 Delaware Avenge, which has not paid taxes for 2007, 2008 and 2009, and is set to go to a foreclosure sale next week (487 -489 Delaware Avenue). The taxes due on these properties are approximately $61, 201.28. Conclusion. The residents are ready to move forward with their opposition to the re- issuance of Stillwater licenses and hope that these Honorable Common Council Members will notify the undersigned what the next step is, in this process. Thank you very much. Very Tral h Yours, Ginger D. Schroder (716) 881 -4901 , schroder r ,siale a� l.com cc: Resident Committee Members Pat Sole, Supervisor of Licenses Brian C. Davis - Ellicott District Richard A. Fontana - Majority Leader, Lovejoy District David A. Franczyk - Council President, Fillmore District Joseph Golombek, Jr. - North District Micheal P. Kearns - President Pro Tempore, South District Michael J. LoCurto - Delaware District David A. Rivera - Niagara District Bonnie E. Russell - University District Demone A. Smith - Masten District REFS R 10 T'� COMMITTEE Ck cl �� 1035 WILLIAM STREET - BUFFALO, NEW YORK 14206 716) 856-1696 - (716) 847 -1760 (Service) www,foxtire.com VVO # 1- 123858 Page 1 of 1r=mp: 1 -13 ev 11 -13 cv Date 07/0612009 In Jut 06, 2009 2:35 pm **** Sold To: DESIRAY VINCENT 61 CORTLAND APT2 l3 CW 13 MT &BAL 22 -26' Ship TO: ORDER * * ** Hm: 716400 -7072 1.00 24" GIANNA BLITZ 1.00 22 -26" MOUNT &BALANCE 700.00 35.00 0.00 0.00 700.00 0.00 0.00 35 -00 Custom Wheel Warr�nt�!_Inform tin nnrla icrir i imuix o byMur a pa c . one. are wama l otiyu III ul m rUlase date', Oil of round dEt warraoled or 9G days the In ul-1 ce This wa ran Y ._ Y q po anlll— d, Ihn in pwchaxo[ Chromo pinlrny and painpny will bu warrailed for a ponW of m?n year_ This does not include surfac susl which can be reve led cc proper Cdre and therefore is not .ad andlor adversev+veather contlil onss For Tiro is re,SPohs blu la f wafranties by increasing wheel nd one ire siizes kiryer than Il a ouri mal l equfpmenmsize$ cuve ,ed by in. F— o the wheel and lire Sire may requite increasing the site of the hmktng system at additional cast. For Tire assumes n o rasponsin;ldy for any problems that may occur to yrsu, vehicle from changing the wheel aid Sire size. Rkturn POligy[ d We inspecE and lliaf -fit all wheels before mounting hresda 8f d d a a- 1,11te �ance O } s � Om On mour To preserve and main4ain the finish wamanly protection. wheels mu54 he reasonably maintained. Improper maintenance or improper cleaning may void a warranty d se claims. laeguldr cleaning is i mportant !o to road soils and brake dust which trap mmstufe and Can be Cerrosive an cau pitting of the wheel lining. Failing is se harsh That contain befor cleaning d cause d sho Id be poli5hedyegutorly vhih a chenical Cady design d for fuse o jjjoft €ear c�oaleduPol sh" aluminumcwheels is cleaning Note: Automatic car washes use steam sho andor strong chemicals to clean wheals which can Cause permanent stairung andlor dkSl t1Nalion. 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INSPECTkeN On ❑ELIYErkY Al A +Y H:5](. nN [ %PHE55 51EGnAV:ees�NT�S AixRNl1N1EOGEO ON Il�SF.���r+Y- �t•� -PA (♦7 AeOYE VERkGLE TO ssGUnE FME AL!WNT PF REPAtnS TNEnETUJ feir�e15 eoJ Iha: .'1e 4gManY dssurnes m � yE5 PLEASE flETenN MY � ♦ sn a we m vcncws Isacxa �� rns+f+ starx9e, sase.'HM� «wa'� rna �9 oLO PnHTs Labor: Subtotal: 1124.95 Sales Tax: Total: $1.223.38 Unit #: 1069 Vehicle; 06 LAND ROVER RANGE ROVER SPORT License; Mileage: In:0 Out :0 Vin #: idOTE: MUST RETURN TO MR, FOX LL CLAIMS AND t T IR E GOODS MUST BE ACCOMPANIED BYTHIS BILL. � X FOX TIRE ASSUMES O A LIABILITY ON ROAD IiAZARDS, FOX TIRE ASSUMES NO RESPONSIBILITY ON STRIPPED LUGS AND STUD i f [3/4- 7] s *AYE* NO DAVIS FONTANA FRANCZYK * GOLOMBEK KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH (-------- - --- -] [MAJ- 5] [2/3 - 6] [3/4- 7] s IV-a4 October 2009, Dear Administrator: r,. L 0 f / h1r, This year, WKBW will once again provide the leading technology to schools, businesses and organizations for weather related closings and cancellations. Our computer system has been upgraded and will greatly enhance the speed and accuracy of broadcasting operating status and closing information during inclement weather conditions. The telephone number to access the WKBW Closing System is 845 -0081. The ID number assigned to Buffalo Common Council is Also included are detailed directions that will walk you through the simple process of our touch-tone telephone system. Please note that our Special Status Codes have changed from previous years. We encourage your authorized representative(s) to call our system to get reacquainted using your ID number and the overall operation of our system. Within seconds of hanging up the phone, your closing information is available to us for broadcast. It is the judgment of WKBW management when to broadcast closing information on air during the broadcast day. We will have closing information available during newscast times with priority given to all public, private and catholic schools as well as colleges and government agencies first. Up to the minute closing information is always available for viewing 2417 on our website at www.wkbw.com. If you have made any changes such as: primary contact name, address or listing -hannes tc The 7 News Closings Staff WKBW ®TT . 7 Broadcast Plaza ® Buffalo, New York • 14202 -2699 • 716 -845 -6100 ® Fax 716 - 842 -1855 e www.wkbw.com <3 Procedure for Reporting School /Business Closing .Information to WKBW -TV : (",�` To report your operating status or closing information using the WKBW automated telephone - answering system, please follow this simple, easy to execute procedure. Using a touch -tone or cellular telephone, dial the following number (716) 845 -0081. When prompted, enter your ID number followed by the ( #) pound sign. (NOTE: If you have a password for your account you wilt be prompted to enter that n.urober before proceeding any forther) Next an automated voice will state the various options you have: Press 1 -- REPORT CHANGE IN HOURS OF OPERATION I —Report Delay 2 — Report Early Closing 3 -- Closed All Day 4 -- Clear ALL Closing Wort Press 2 — ENTER SPECIAL STATUS CODE # 1 - PMIvcntsCancelled 18 —All Locations Closcd 2 - Religious Education Cancelled 19 — Closed Tomorrow 3 - No Aflerschool Activities 20 —No Services This Weekend 4 - Adult Education Cancelled 21 — No Services Today 5 - Closed; No heat 22 —No Services Saturday 6 - Closed; Power Outage 23 --- No Services Sunday 7 - Closed; Water Main Break 24 — Court Closed S - Staff Only Report 25 — Court Open 9 - Fssential Stalf Repor€ 26 — State of Fmerbency 10 — Maintenance Only Report 27 — Limited Statc of Emergency 11 — Muses Not Running 28 — 'Navel Ban in Fffmt 12 - Buses Returning Students llonie _ 22- No Unnecessary Travel 13 — Buses Returning Students To School 30 — Parking Elan in Effect 14 -- Cancelled 31 — Clinic Closed 15 — Meeting Carxeelled 32 —Clinic Closed; Staff Report 16 -- Support Cirnup Mtg. Cancelled 33 --- Office Closed 17 — Bingo Cancelled 34 — Office Closed; Staff Report Press 3 — RESET YOUR STATUS INFORMATION Press 4 — ENTER ANOTHER ID — If you have multiple closing entries. Press 0 — TO LEAVE MESSAGE for WKBW TV Closing System For example, your school / business may be opening two hours late, but you want teachers /employees to arrive at the normal operating time. Simply listen to the prompts and follow the instructions given by the automated voice, enter the appropriate number and record your voice message. Please keep message brief. After leaving your message, you may play it back or change it by pressing the appropriate numbers as instructed by the automated voice attendant. Press 9 — EXIT WKBW TV Closing System If you need further assistance or need to update you account information, please call the WKBW -TV Assignment Desk at (716) 840 -7777. You will be transferred to the appropriate person handling the closing system. Please keep your ID number and the above information in a secure area only to be accessed by essential personnel responsible for closing your school or business. PETITIONS Oct 27, 2009 No 51 G. Lewis & Others - Oppose Construction Erie Canal harbor Dev Carp The undersigned, a resident of the Marine Drive Apartments does herby oppose construction by the Erie Canal Harbor Development Corporation of the Commercial Slip parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Copy Available for review in the City Clerks Office Cr j 000 THE MARINE DfUVIa, APARTMENTS PE,TITIDN The undersigned, a resident of the Marine Drive Apartments does hereby oppose constrUction by the Fric Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the Adverse affect which the project will have upon (jLlality of life of Marine Drive residents dUc to increased traffic congestion, air pollution, noise, crime and public safety concerns. P rint Name -�� si =na a date _ > _ _ r f ' ti �:') !�/,14' } il l (�. � J `1 F D - r � 7 / f / y l: \ �"�� ls� ( ! � 1 lam`. �' 1 c) 1 IV I f - 0 , OcAVL Vi-� IV c,�tVi c; f r� Y r �..-. i - / r f t4 ehZIC REFEIIRRR "I'(,) THRF SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT r�ry THE iviA..BUNE' DR VE Ai AB,—TIvi. �S PETITION The undersigned, a resident of the Marine Drive Apartments (toes hereby oppose construction by the Erie; Canal Harbor Development Corporation of the Connnlercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Pr N ame � si >nature address o _ date _v- 'CA' I s k OL Y e h T - - )C , r N - -- . - fLI —' ....._.. sit _ _ Z_ 4 I O T 7q jq j� ,� � o r - -- �� 2-4 j j '�' 4 s 41t Iv) �7 i �I �9 0� THE MARINE DRIVE APAR'T'MEN'T'S PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Eric Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Pr int Name _ s si rn�e a add d date r C'1 /A n ,nr1 I n I IL f, N J f Wrikle Or IP t ry( � J - - C THE MARINE DRIVE APARTMENTS PETITION r� The undersigned, a reside nt of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Corporation of the Conimercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Print Name si_natu add ress date vr 147 � R J, 15 � v""." 1 A-1 n "X � i, c� > _— Am L5-P C-T 0 )24v 47- /vz Z5 f "FT _TV? \,TADT',Ti; 1 APA1)'FIN'Y- \F`T'C 1 A LL AY A L'1.LN..Lf Y1- Li \1 Y L r]i r1A\ t IYA.LI I A .J 4jJ r PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oTpose constrL►ction by the Fxie Canal Harbor Developunent Corporation of the Commercial Slip larking Garage duc to the adverse a `feet which the project will have upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. l Print Nanic S Sig nature a add d data , T3 / / IV ;41/ A L IX )0////, U� - a `T U� f / f TIII:? MARINE DRIVt? APAR' MFNIT PETITION , ri,c undersigned, a resident of the Marine )rive Apartments does hereby oppose construction by the 1;l-ic Calaal Harbor Development Corporation of the Commercial Slip Parking Garage (IL1e to the advase a:ftect which the project will 1MVC 111)011 quality of life of Marine Drive residents dUc to increased traflic congestion, air pollution, noise, crime and public safety concerns. — .._ ......... -- - % t Naane sa t �attt t� addr ela III � cr -qL-1 WID6 �a 1 5 _ &810 a .. .. ...... � � z ; ; � � 4 13 m, - I �qc oY _7_.` /0- 6-0 � '•r Tx" 1 f l Tl T\TT h Y T'�T T`C T1• T1 Tl'T' .!T"h r'['C 11 - 1t, IV1f11C11Vf ", DIZI V L 11-tt1 \1 I I L_N 1 .] PETITION O �) 'The Undersigned, a resident of the Marine Drive Apartments (toes hereby oppose construction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive, residents due to increased traffic congestion, air pollution, noise, crime and public- safety concerns. Print N signat A ddress date ' r A1 4461 y e- 4P : !2 .._._..- - 4 r _ 1( 1 aA4 A, ,d 1 F /��� ✓'� 1^' Ill � ' -✓ ____.— _..._.._ 11 1EivlARiNF DR1V1 A1 -C TV1.1" N1 PETITION 'The undci °signed, a resident ofthe ivlarine Drive Apartments does hereby oppose constriction by the Eric Canal 1-larbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have Upon duality of life of Marine l.�rive residents clue to increased traffic congestion, air pollution, noise, crime and public safety concerns. Print Name 5iL7nat address date C ` -- J,(6 - tv\ 1 MOO" 7 lycoellf a t� rr-'r rr" �.T. rti r'i r. r�r r7 "• �rtirn� *•. �f ^ *7�r'C� T PV r, DRI V t, HYHIC 1 IV1L' lV 1 J PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Developrrrent Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine I: }rive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. P rint Name su address d ate J-0 TV O- � ld-Y-4 '1 R Wo 7 N 91 E ,. �j MOR qr 16 -k � f � f Y �i o� Y J 1 x'r y' Y Y E A 11 A R T* Y !" Il T- S' T HI ivz,vl����t� , i�r�� v � fi3�fuc� �vrc.iv r s PETITION The undersi-ned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Corporation of the Corrnniereial Slip Parking (garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due io increased traffic congestion, air pollution, noise, crime and public safety concer ns. Print Name a date, c �xin 0")J /46 WA-�4 , u ) r TI A f) P&h P Vil- -0 )CM() - Gr - ._ -- -T- / � . ----- -- 2zA t. rd <J .- a ( r r Ke)/( � Qr b 16 1gl --, O� ,.� ; ��r� p t erO�� t}� i c? _ Yj' C.'rt l r 7e �r AC- (� Q V THE MARINE DRIVE; APARTMENTS .\ PETITION The UndersiS7ned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Print Nam signat addres (late l 1 )0 0,� x, y . -2 -- - Z14 &Ijew -, W� Zj . . . .... c� 7 a' C iOl -- i - - Cf W - l �x d`� THE MARINE DRIVE APARTMENTS PETITION The Undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Corporation of the Conhnhercial Slip Parking; Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents dua to increased traffic congestion, air pollution, noise, cringe and public safety concerns. Prin Na me si mature �- add res s _ _. date _._._ l� 1ld" lcCl/�L Wes.. 1U LA 11P C v�� � [ ► - -- �i 114o vI , h -e �- aL. r 7" 10 jl TIDE MARINE DRIVF? APARTMENTS PETITION The undersigned, a resident of the Nklarine Drive Apartments does hereby oppose c011struction by the Eric Canal Harbor Development Corporation of the Comnict Sill) Parking Garage due to the adverse affect which the project wilt have upon duality of life of Marine Drive: residents due to increased traffic congestion, air pollutiozl, noise, crime and public safety concerns. Print Name si m ature ad dress dat C r"1 zK jhxn Q� ---- -- '-h _lo 3 ( A O)r-I P e- 0 Z 4 CLVV-�Q 1 4t D l Va u( 1 4 Al '] G R � �/7�� --- - � :>r THE MARINE DRIVE APAR'l - M NTS Ply "11TIQN 'Tire undersigned, a resident of the Mai Drive Apartments does hereby oppose construction by the Erie Canal Harbor Developnient Corporation of the Commercial Slip Parking Garage clue to the adverse affect which the project will have upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Print Nar r s r n a rr addres date �CXYI A Ail 4 A f? J 1t Q (c)���� Ch 5 c R -I G AJ 1 611N 3 ��,�_- , . ? jU s�° Is- Jk__ Oz�JE_ G� y" � ] ._`_ l f ' /� t- V /.I.� T AM Md3ej J TIDE MARINE: DRIVE APAR'T'MENTS PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have; Upon duality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. Pri amc si t e address dat G AA jft I 01 f ....... CA: 1 — - �� y„ -, 117 A r - q-7 J /� C ! 1 � - -4 c f d 7 I 9 %I )q � O f 4aw/� THE MARINE DRIVE APARTMENTS ; PETITION ITIC7N The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Devclopinent Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have �Lpon quality oflife of Marine Drive residents (Il,e to increased traffic congestion, air POIltition, noise, crime: and public safety concerns. r , 5& ') sc Print N ame si matu - e address (late �- 3 /d r CA �Ax_ - �L)�� <� 3 N - J� I 1 ' ? � i/va�v [ V �._..3" A � — °- ! � _J ' i �"� 1 � S:�► e �i:i �� �U L e q V\k Jr 3C * q� 49 I i THE MARINE DRIVE APAWFMENTS PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Eric Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents due to increased tral'l1c congestion, air pollution, noise, crime and public safety concerns. Print Name si mature addr — date �A 0or A1cx � AQY ( 0 _..__ -- —_- �� r��C�U�t� _ -� �� I f a I VC ID IO l - -b 4 VL,_ L.Ke 16/ d ,7' �( wlv Cfi JR k �I VIC,! e — 0 f THE MARINE DRIVE APARTMENTS r PETITION hhe €uldersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canat Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents dua to increased tr�jfijc congestion, stir p0111-1tion, noise, crime and public safety concerns. Print Nam s si gnate►re , a address d date I v THE MARS NF DRIVE APARTMENTS PF"'hITION The Lindcrsigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Caned Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic eonge.stio11, air pollution, noise, crime and public safety concerns. Pr int Nam Signature addre5s (late I Cl 0 01 O n f G n t! 1 ir f f) 1 0 i p I - f L 2j / 4 � �C L(�t�.'. ✓ �[ C �i v� Ltd 1. l = / �" Cy I Y ' k� G` L' 4 f.? THE MARINE DMVE APAR`t °MENTS PLTITION The undersigned, a resident of the Marine Drive Apartments sloes hereby oppose construction by the Erie Canal Ilarbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. l Print Name �- si nature addre _ date TA� �i y � , �n� C � «� , dI VVI kv 61 _- &A l..'� V_ 1_- 6 ,4 C Jam/ / l/ / Z /0C /3 ' t THE MARINE DRIVE APARTMENTS PETITION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Devclopnlent Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon duality of life of Marine Drive residents dua to increased traffic congestion, air pollution, noise, crime and public safety concerns. � Print Na si aturr 7- G 1; address �xv date� kl) r t j (II -- 4 nL o a w D� N >y T1IE MARINE DRIVE APAR "I`MENTS PETITION J The undersigned, a resident of the Marine Drive Apartments does hereby oppose constrriction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have upon quality of life of Marine Drive residents due to increased traffic congestion, air pollution, noise, crime and public safety concerns. { S N Pri Na signature j y i ,•�} � _./ 1 addres r l i' s .� '< <� � is �' � date ,..� , � � �; '. r� � fj a y h - ---- ---- ----- P THE MARIN1 DRIVE AFAR iVlt_ NTS PETITION The, undersigned, a resident of the Marine Drive Apartments flocs 1?ereby oppose construction by the Eric Canal plarboI" I)cvcloprncnt Corporation of the Commercial Slip Parking Garage due to the adverse affect which the project will have Upon duality of life of Marine Drive residents chic to increased traffic congestion, air pollution, noise, cringe and public safety concerns. 1 Name address _6� 1 / b / 1 /o l gym- i0"75 dat / -- W-a wit - 14 /"1 /V)E l EPS le Z�,Y L -rJ 9 I - It - i MAXIN> DRI V E Af A]- VMEN S PEATFION The undersigned, a resident of the Marine Drive Apartments does hereby oppose construction by the Erie Canal Harbor Development Cot of the Commercial Slip Parking Garage due to the adverse effect which the project will have upon gUillity of life of Marine Drive residents due to increased traffic congestion, air PolftItion, noise, crime and public safety concerns. P rint Na s ignature addre (late No 52 S. Loubert & Others -Req Approval of BMHA Contract Copy available for review in the City Clerks Office 0005' 2 o VA . To: Council president David Franczyk My name is � �� t �� �t / and I have been employed by the Buffalo Municipal Housing Authority for � � years. The employees o the f BMHA have been working; without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, C., � F r i, r V) AN ME I -a )6 To: Council President David Franczyk My narne is �.(�1��, G �� � -��� and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. [ thank you for your consideration in this matter. Sincere To: Council President David 1"ranczyk My name is E ��.. ` - �. ' and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely ` 1 `� t i i To; Council President David Franczyk My name is 6 �� c C- and I have been employed by the Buffalo Municipal Housing; Authority for 1 9 years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 1. To: Council President David F'ranczyk My name is / 1C� `� (,) and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is �3 q / / 0 // and I have been employed by the Buffalo Municipal Housing; Authority for �— . years. The employees of the BMHA have been working; without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. To: Council President David Franczyk My name is �1�� and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working; without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 1 To: Council President David Franczyk My name is ' ;f and 1 have been employed by the Buffalo Municipal Housing Authority for _ �.� years. The employees of the BMHA have been working without a contact since 7/1/2004. l urge you and the Common Council to support our contract which is before the Co3nmon Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is �ar,, . by the Buffalo Municipal Housing; Authority for and I have been employed years. The employees of the BMHA have been working; without a contact since 7!112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name and I have been employed by the Buffalo Municipal Housing Authority for z— years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sinc,er el i u ' To: Council President David Franczyk My name is ��ir F .fl ( and I have been employed by the Buffalo Municipal Housing Authority for / years. The employees of they BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is ,ai: /��� ` and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for yam. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Si cerely, ,s To: Council President David Franczyk My name is and 1 have been employed by the Buffalo Municipal Housing Authority for �_ years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, iJ. V To: Council President David Franczyk My name is f C�c� � ��� � and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l/2004. I urge: you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, Earl T. Somma 83 Grimes Street Buffalo, New York 14212 Council President David Fronczyk 1315 City Hall Buffalo, New York 14202 Re: BHMA- Local 264 Contact. Dear Council President, BMHA employees have been working without a contract since 2004. 1 have been a deciated employee for over 20 years; and with the current state of our economy, everything is going up except our paychecks. Our moral is at an all time low. It is getting harder and harder to sit back and watch other city union contracts get passed by the Common Council and the Control Board, and BMHA`s denied. Our contract is very similar in comparison with other city union contracts. BMHA has the surplus to pass this contract, yet when it goes to the Control Board, we are denied. Again, our contract will be going in front of the Common Council and then the Control Board in Novemeber 2003. 1 would appreicate any influnence you may have to help get our contract passed. Thank y--u, Earl T. Somma @" " BMHA Local 264 r/ To; Council President David Franczyk My name is � / ,, ( and I have been employed by the Buffalo Municipal Housing; Authority for years. The employees of the BMHA have been working without a contact since 7/112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 1 r' To: Council President David Franczyk 1 My name is � ����' ��" i�� �� � and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2001. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk f My naive is r '7,1 �' 1 and 1 have been employed by the Buffalo Municipal Housing Authority or years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, r F• � To: Council President David liranczyk My name is � _ kc) '(1 and I have been employed by the Buffalo Municipal Housing Authority for I years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, f �jl�a t To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004, 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, n !1 To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for �_ years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this inatter. Sincerely, �...,�y To: Council President David pranczyk M name is !„J (&\ Q t " -- �' � 4)6' (( - �' and i have been employed y by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l /2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sinc rely, Xelo ����,` fi r'��:i �� <7 ,� To: Council President David Franczyk My name is ' �._� �� � � � and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, C " it To: Council President David pranczyk My name is �,' �' and i have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 3,1 To: Council President David Franczyk My name is f and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, �' 1 , rt To: Council President David Franczyk My name is a CIm and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, t To: Council President David Franczyk My name is r , -v/,-• f ;' n and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is 1 f�'' and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. r� f �t 7' To: Council President David Franczyk My name is ' ( sand ] have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. r a ` r� To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for years, The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. i To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for a years. The employees of the BMHA have been working; without a contact since 7/l/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Pranczyk My name is n I have been employed by the Buffalo Municipal Housing Autho ears. The employees of the BMHA have been working without a contact since 7!1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. 144�m To: Council President David Franczyk My name is / J � � IA and I have been employed by the Buffalo Municipal Housing Authority for -� ,O years. The employees of the BMHA have been working without a contact since 7/l/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for /l�ib _mss. The employees of the BMHA have been working without a contact sines; 7/1/2404. l urge you and the Common Council to support our contract which is before the Common Council for approval. I thank: you for your consideration in this matter. i� To: Council President David Franczyk M Y name is and I have been employed by the Buffalo Municipal Housing Authority for � Years. The employees of the BMHA have been working; without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. [ thank you for your consideration in this matter. Sincerely, C i i �7 To: Council President David Franczyk My name is L)q \J, A. V-' v " , S and I have been employed by the Buffalo Municipal Housing Authority for / L� years. The employees of the BMHA have been working without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, i To. Council President David Franczyk My name is ��/_1�( if�� . G� -� /� and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, r/ ,t To. Council President David Franczyk My name is AK � /( and I have been employed by the Buffalo Municipal Housing Authority for ^ years. The employees of the BMHA have been working without a contact since 71112404. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, ! .r To: Council President David Franczyk My name is �� L and 1. have been employed by the Buffalo Municipal Housing Authori. for t years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sinecrel To: Council President David Franczyk My name is � �4% =� 1 and 1 have been employed by the Buffalo Municipal Housing A thority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, f V To. Council President David Franczyk M name is,/�6,f,�� (�JS�I� and 1 have been ens to ed Y p Y by the Buffalo Municipal Housing Authority for Years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common. Council for approval. 1 thank you for your consideration in this matter. r To. Council President David Franezyk My name is 01), L awl 6ilf'( 0 and I have been employed by the Buffalo Municipal Housing Authority for �. years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, C , To: Council President David Franczyk and I have been employed b the Buffalo Municipal Housing Authority for t y p g y years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Si cerely, To: Council President David Franczyk My name is j �! i. 7� and I have been employed by the Buffalo Municipal Housing Authority for - i)4 1 - years. The employees of the BMHA have been working; without a contact since 7/l/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. u To: Council President David Franczyk My name is O I t\ ,, and I have been employed by the Buffalo Municipal Housing Authority for �_ years. The employees of the BMHA have been working; without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, A To: Council President David Franczyk My name is ��' �, , -9 �cy� �� and 1 have been employed by the Buffalo Municipal Housing Authority for � years. The employees of the BMHA have been working without a contact since ?/1 /2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is � 4��dt C and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval, I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, , d To: Council President David Franczyk Ni ta 1 My name is3 - and 1 have been employed by the Buffalo Municipal Housing Au hority for years. The employees of the BMHA have been working without a contact since 7/1 2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. .t' l� To: Council President David Ijranczyk My name is M ' - S ! _ �J and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, �..- �• . ,err= � -���,- � i� To: Council President David Franczyk My name is l / - f� Uand 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is i _�� qz and I have been employed by the Buffalo Municipal Housing Authority for 1 - 7 years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, rte --_ To: Council President David Franczyk My name is te" is and I have been employed by the Buffalo Municipal Housing Authority for l years. The employees of the BMHA have been working without a contact since 7/l/2004. 1. urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is /�U �� 7' 446 and i have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004.1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 0 To: Council President David Franczyk My name is /'I 67 ` u ` and I have been employed by the Buffalo Municipal Housing Authority for - 23 IC- , years. The employees of the BMHA have been working without a contact since 7/112004. l urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. r , r To: Council President David Franczyk My naive is C e.Q 1�. , •.. .:. and I have been employed by the Buffalo Municipal Housing Authority for c years. The employees of the BMHA have been working; without a contact since 711/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is and I have been employed i by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. s' ,r To: Council .President David Franczyk My Warne is��4r_ �t, -. -�_ C -t..` C- 11._` _ and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004, l urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, j To: Council President David Franczyk My Warne is�,:�� G �`l `� and 1 have been employed by the Buffalo Municipal Housing Authority ic years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is Onn and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David 1 My name is (��� [ �� and 1 have been employed by the Buffalo Municipal Housing Authority for �_ years. The employees of the BMHA have been working without a contact since 7/1/2001. I urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is „ _ A , J' - and I have been ern toyed by the Buffalo Municipal Housing Authority for . The employees of the BMHA have been working; without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this natter. Sincerely, 9 10 4 To: Council President David Franczyk My name is o and 1 have been employed by the Buffalo Municipal Housing Authority for j years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, rh To: Council President David Franczyk My name is /l)R C/!� and 1 have been employed by the Buffalo Municipal Housing Authority for /0 years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is'., <' ��' i " t:. 1, H` and 1 have been employed by the Buffalo Municipal &using Authority for / c years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, r To: Council President David Franczyk My name is -IYi `, and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, f f A'� To: Council President David Iiranczyk 1V1 name is l and I have been employed ,.J by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working; without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is 0 L-O V ot, Ito and I have been employed by the Buffalo Municipal Housing; Authority for 2-_ years. The employees of the BMHA have been working; without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, i To: Council President David Franczyk My name is _ 4 moo•. and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincer r f1, To: Council President David Franczyk My name is k� -'t and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working; without a contact since 7/l/2004. l urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David I~ranczyk My name is )' f ;,. j - 1 H' y l and [have been employed by the Buffalo Municipal Housing Authority for �_ years. The employees of the BMIA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, ) V E% To: Council President David liranczyk My name is 6 and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7!112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is %� If/ = '�1 and I have been employed by the Buffalo Municipal Housing; Authority for - -- 1 /0 years. The employees of the BMHA have been working; without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely,, To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing; Authority or 1 years. The employees of the BMHA have been working; without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. To: Council President David Franczyk My name is M Ig k / / / and 1 have been employed by the Buffalo Municipal Housing Authority for q'Z— years. The employees of the BMHA have been working without a contact since 71112004, 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. To: Council President David FFranczyk e My name is ��. , and I have been employed by the Buffalo Municipal Housing Authority for - ___i_— years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 31 1 NK To: Council. President David Pranczyk M name ` -- "'`� t- I �C -- -and 1 have been employed Y by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. To: Council President David Franczyk My naive is V2� V�-- 0 ?� L-- E:/ � and 1 have been employed by the Buffalo Municipal Housing Authority for O years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is I and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004, I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this platter. Sincerely, l ,. To. Council President David F'ranczyk My name is r ' { and I have been employed by the Buffalo Municipal Housing Authority for /" years. The employees of the BMHA have been working without a contact since 7 {1/2004. 1 urge you and the Common Council to support our contract which is before: the Common Council for approval. I thank you for your consideration in this matter. Sincerely, G n , , To. Council President David Franczyk My name is -� �, ���_ % ' ,��. and l have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My naive is , �/ /t an d I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working; without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. [ thank you for your consideration in this matter. Sincerely, To: Council President David pranczyk M name is P N� V Ir° My �'' and I have been employed by the Buffalo Municipal Housing Authority for T years. The employees of the BMHA have been working; without a contact since 71112004. f urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincer , C_ To: Council President David Iiranczyk My name is Lu i � t V and I have been employed by the Buffalo Municipal Housing Authority for ` years. The employees of the BMHA have been working; without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval.. I thank you for your consideration in this matter. Sincerely, To. Council President David Franczyk My name is ���i s"�. � .� �`� � and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, &Y; ;� - 0 To: Council President David Franczyk My name is SAQ-Qe 0 (Y , F- / and I have been employed by the Buffalo Municipal Housing Authority for () years. The employees of the BMHA have been working; without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval, I thank you for your consideration in this matter. Sincer y r +1 < To: Council 'resident David Franczyk My name is %C,!;. _ and t have been employed by the Buffalo Municipal H sing Authority for years. The employees of the E3MHA have been working without a contact since 7/112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, i� To: Council President David Franczyk My name is � , _ '- � � and l have been employed '� by the Buffalo Municipal ousi g Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, Tw Council President David Franczyk My name is 0-::"' 0 f1 k f - 0 , � and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, r To: Council President David Franczyk My name is / and I have been employed by the Buffalo Municipal Housing Authority for _76) years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is "A L 0 C P ca"_ by the Buffalo Municipal Housing Authority for years. The employees of the and I have been employed BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. To. Council President David Franezyk ,t M name is t� J � and I have been employed Y by the Buffalo Municipal Housing; Authority for years. The employees of the BMHA have been working; without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To. Council President .David 1~ranczyk M y ,' `� M name is I �k ;t, �: _��� � l l� .�..�� _ and l have been employed by the Buffalo Municipal Housing; Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank: you for your consideration in this matter. Sincerely, To: Council President David Franczyk f My name is 3�{t ,r'. "�� t c:'> and I have been employed t by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 1� To: Council President David Franczyk ,v My name is �v. l , z3 „� and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112404. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. r r` J f� To: Council President David Franczyk My name is L �!.� 5''"��C and I have been employed by the Buffalo Municipal Housing Authority for 1-8 years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 1 i ti 3i. Y ( r ' To: Council President David Franezyk My name is / 4'- and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, J To: Council President David Franczyk My naive is CkC- \ ----- �(4 !N and I have been employed by the Buffalo Municipal Housing; Authority L years. The employees of the BMHA have been working without a contact since 7/1/2004, 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To. Council President David Franczyk My name is 6 c L � , and 1 have been employed by the Buffalo Municipal Housing Authority for ycars. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is /' and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is and 1 have been employed by the Buffalo Municipal Housing Authority for — U years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Si eerely, 4 �1 r � To: Council President David Franczyk My name is = .1 I a a. ~� � - �' and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working; without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, r To: Council President David Franezyk n My name is p �i �� �> Cg ld I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is� and 1 have been employed by the Buffalo Muni pal Housing Authority for � years. The employees of the BMHA have been working without a contact since 7 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David l+ranczyk My name is and I have been employed M d� by the Buffalo Mun' ipa ousing Authority for c� -3��. -The employees of the BMHA have been working without a contact since 7/1/2034. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, r,. To: Council President David Franczyk My name is '� y ,!, 7� and I have been employed by the Buffalo Municipal Housing .Authority for � years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, } To: Council President David Franczyk My name is [ t U and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/112004, I urge you and the Common Council to support our contract which is before the Common Council for approval, I thank you for your consideration in this matter. Sincerely, it (� To: Council President David l~ranczyk. My name is � f�t'S fl�rs�`� and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, /� PE To: Council President David pranczyk My name is C _S' �,�_ and I have been employed by the Buffalo Municipal lousing Authority for 0 years. The employees of the BMHA have been working without a contact since 7/I/2044. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this nutter. Sincerely, .............. J. To: Council President David l~ranczyk My name is S I A j o ( 2 and I have been employed by the Buffalo Municipal Housing Authority for � years. The employees of the BMHA have been working without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval, 1 thank you for your consideration in this matter. Sincerely, To: Council President David l;ranczyk My name is � f1'� �G1Lcl� and 1 have been employed by the Buffalo Municipal Housing; Authority for ._ ��f� �� years. The employees of the BMHA have been working; without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, f ��U F � /ukK To: Council President David Franczyk My name is L� �. ��� by the Buffalo Municipal Housing Authority for and I have been employed years. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. '.. r To: Council President David Franczyk My name is o ( / and 1 have been employed by the Buffalo Municipal Housing Authority for j-4— years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. To: Council President David Franczyk My name is G �Z and 1 have been employed by the Buffalo Municipal Housing Authority for "3 - Z—_ years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is 1 1 ; 1, ( / and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, l � - �, To: Council President David 1~ranczyk My name is - J and I have been employed by the Buffalo Municipal Housing; Authority for years. The employees of the BMHA have been working; without a contact since 711/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 4�� To: Council President David Franczyk My name is F L rl � e.. r,r v, Z_ and 1 have been employed by the Buffalo Municipal Housing Authority for / < years. The employees of the BMHA have been working without a contact since 711 {2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk My name is � and I have been employed by the Buffalo Municipal Housing Authority fort <'a rry �r7# s. The employees of the BMHA have been working without a contact since 7/1/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. 0 To: Council President David Franczyk My name is — 4 fU � �( "'�'�' and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2001, l urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in. this matter. Sincerely, -- To: Council President David Franezyk My name is t ` -S and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/l/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter, � l [i To: Council President David liranczyk My name is r D b(/k- and I have been employed by the Buffalo Municipal Housing Authority for If. years. The employees of the BMHA have been working without a contact since 7/1/2001. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, f� To. Council President David Franczyk My name is� �� and I have been employed by the Buffalo Municipal Housing Authority for ° years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sine rely, r t 1 ` To: Council President David Franczyk My name is by the Buffalo Municipal Housing Authority for [ t and I have been employed years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter, Sincerely, J r F ,r To: Council President David Franczyk M name is � � �6'� d l and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/I/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, To: Council President David Franczyk r My name is �/ and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely { _r To: Council President David rranczyk My name is ) and I have been employed by the Buffalo Municipal Housing Authority for ! years. The employees of the BMHA have been working without a contact since 7/l/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, , ; To: Council President David 1~ranczyk My name is _ { :; _ Vq f' �_ _ and i have been employed by the Buffalo Municipal Housing Authority for — J 5__ years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. i thank you for your consideration in this matter. Sincerely, �� i (- 1. To: Council President David )~ranczyk /, My name is - V e - �. PI e and I have been employed by the Buffalo Municipal Housing Authority for c- years. The employees of the BMHA have been working without a contact since 7/]/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter, Sincerely, To: Council President David Franczyk My name is and I have been employed by the Buffalo Municipal Housing Authority for 0 tea^ =years. The employees of the BMHA have been working without a contact since 7/l/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. To: Council President David Franczyk My name is r ... I ( V\ t:�; 4: and I have been employed by the Buffalo Municipal Housing; Authority for 2-0 years. The employees of the BMHA have been working without a contact since 7/I/2004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, J i� To: Council President David Franczyk My name is Ck-ilA2LC- ( Dv l I (. ,) and I have been employed by the Buffalo Municipal Housing; Authority for ') I years. The employees of the BMHA have been working without a contact since 7/112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval, I thank you for your consideration in this matter. Sincerely, iD 1 To: Council President David Franczyk a My name is and I have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 7/1/2004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, 0000 3 October 20, 2009 On behalf of the newly created Oxford Square Block Club we would like to join our neighbors of the Linwood Preservation District in requesting the permit to re -open the El- Wassem Store be denied. Our neighborhood is defined as Linwood, Main, Ferry and Delevan or also known as the "Ivy Triangle ". Our 30 plus Block Club members feel this store is a nuisance and an epicenter for illegal criminal activities, contributes to litter, and attracts an unsavory element of loiterers that creates unsafe conditions in the greater Oxford and Linwood areas. I myself have called 911 in recent months as a group of 25 people were preparing to fight each other in the street who were loitering at this location. This store also represents a destabilizing element for a neighborhood that is revitalizing itself. EI- Wassem's unkempt appearance, trash strewn into the streets from "customers ", and drug transactions that openly take place at this location are not welcome. This store needs to be held accountable for the destruction it encourages in the neighborhood. Any legitimate business would not tolerate, or turn a blind eye to such activities taking place around it that it knowingly attracts. Since the store's closing numerous Oxford Square residents have commented on how quiet the area has become. Speeding cars have vanished. Litter has decreased, and the loitering of unsavory individuals walking our streets has also disappeared. It was those same people who frequented the store that many neighbors believe were also responsible for acts of arson, graffiti, theft, and vandalism in our neighborhood. Overall calm has returned to the neighborhood, and particularly to the lower portion of Oxford where the store is located. This store has done nothing more than be an eyesore and distraction to a neighborhood that is seeking to redefine itself, and be safer and cleaner for all of our residents. Please deny the request to re -open this business, and let's work together to attract and recruit a viable business other than one that is nothing more than a front and attraction for illegal activity. Sincerely, John Bry Oxford Square Homeowner and Oxford Block Club Liaison REFERRED TO THECOMMITTEE M CA k %LION. '. >Ir October 22, 2009 Michael LoCurto Delaware District Council Member 1405 City Hall Buffalo, NY 14202 RE: Opposition to Licensing El Waseem's Store Dear Council Member LoCurto: The Linwood Preservation District and Friends, the block club that encompasses Historic Linwood and surrounding areas, joins with our neighbors in the Oxford Square Block Club in requesting that you deny the application for a grocery store license, or any other license to operate a business, to the ownership of El Waseem's Store at the corner of Main and West Ferry. As of the date of this letter, we have collected over 150 signatures from area residents on a petition opposing the granting of this license. As our petition states, despite numerous urgings and complaints over the years, this business, and their landlord have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. These factors have led to an ongoing public nuisance, and unsafe conditions for the residents of our neighborhood. Our homeowners are seeing their capital, time, and personal effort wasted because this business and their landlord are negligent of their responsibilities. In one instance, our block club spent an afternoon cleaning the portion of West Ferry between Main and Linwood, carting away a substantial quantity of trash. Within hours, this area was once again filled with garbage from this business. Furthermore, we are tired of the constant threat to our duality of life by the unsavory elements that loiter around El Waseem's. It is clear to us that the rash of larcenies, burglaries, and car- poppings we have experienced is directly related to the individuals who frequent this business, and their presumed drug - dealing /k `4 activities. Those of us that are investing in the Linwood - Oxford area are made to feel powerless in the face of this threat, forcing a decision on whether to continue to invest in the City, or to move elsewhere. In spite of El Waseem's, there is positive momentum in our community. The Oxford neighborhood has a newly formed block club, and Canisius College has enhanced a program designed to encourage employees to purchase homes in this area. Most notably, the property directly across from El Waseem's, on the northwest corner of Main and West Ferry, is about to undergo a $2,000,000 transformation by Housing Opportunities Made Equal. This investment will dramatically change the character of this intersection and provide forward momentum in developing this portion of Main Street. It should also be noted that the City of Buffalo is providing a significant portion of this project's funding. Since the closure of El Waseem's and installation of the City surveillance camera, there has been a marked improvement in the atmosphere on the corner of Main and Ferry. Gone are the loiterers, drug dealers, piles of trash and illegally parked cars. However, if El Waseem's is allowed to re -open, it significantly undermines the aforementioned progress, and sends the wrong message to all those who live in, are investing in, and care about the neighborhood. The Common Council can send the right message to this business and their landlord; that this type of operation is not welcome in this neighborhood, or anywhere else in the City of Buffalo. By denying this License request, the Council makes it clear that it respects the efforts of the residents and homeowners of Linwood - Oxford, who are working hard to improve our community. Respectfully, eff Carballada Treasurer, on behalf of The Linwood Preservation District and Friends f PETMON to the Common Council of the City of Buffalo We, the undersigned, as Residents of the Unwood- Oxford Community, strongly oppose the re- Iicensing of El Waseem's store on the corner of Main and West Ferry Streets. respite numerous urgings and complaints over the yes, this BLISiness, and their Landlord, have repeatedly shown a complete disregard for the safety and well being; of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or efli>rt is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address Date 3. ZL 5. 6. i 8. 9. 1f1. 9 PE HIlpN to the Common Council of the City of Buffalo We, the undersigned, as residents of the Linwood- Oxford Community, strongly oppose the re- licensing; of El Waseem's store on the corner of Train and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security ineasures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address Date 2. '. I fic,� ( e 5. 7 �J //".".'coed P/ cc r C- /�Y/ �-/ /0._/'� q 4. t 1 R *y i2. PETITION to thc- City O f T�a��!j"'p _ We, the undersigned, as Residents of the Linivood- Oxford Community, strongly oppose the re-licensing of FI Waseem's store on the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain. the public area, the street and sidewalks around the property continue to he covered in litter and trash on a daily basis. Name 2. 3. .Address 4. �? t 5. j F� i, 1 ✓ 6 h s. r I "1' J .. Date T � � fy 9 - t [2. : -t t KI'I`HON , c to the Common Council of the City of Buffalo We, the undersigned, as Residents of the Linwood - Oxford Community, strongly oppose the re- licensing of El Waseem's store on the corner of Main and West Ferry Streets. Despite numerous urgings and. complaints over the year's, this Business, and their Latidlord, have repeatedly shown a complete disregard for the safety and well. being Of the COJMI unity. By their inaction and lack of security measures, they allow illegal activity and loitering at all horn's of the clay and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address Date 2. J '16� v) V�' o CO3 � c / )�j / cyj 7. 9. IV W �( 10. /i-' //'.7"/�D �1 12. PETITION to the City of 14 ffilo. We, the undersigned, as Residents of the Linwood-Oxford Community, strongly oppose the re-licensing of El Waseem's store on the corner of Main and Nest Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taker by cither party to cleart or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address Date r 2. 4. 5- J' Pf)v _51 b.fi 7. 8. 9. Z . 12. r 7 ',la /X V� / q ' l to the Common C'_ou"coil of the City of dt,it'F:aig 'fie, the undersigned, as Residents of the Linwood - Oxford Community, strongly oppose the re- licensing of E1 Iaseem's stare on the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Na Address Date 2. 3. 4. if 5. 7. S._ts 9. 10. r f 12. v d / 7 , t).Pa,,Uaw Av� c d 0 1/ C' 6' 6' ;l 6 T t EJ i'ETI`E'ION to the Common Council of the City o f Buffalo We, the undersigned, as Residents of the Linwood - Oxford Community, strongly oppose the re- licensing of El Waseem's store on the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being; of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furtherm because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address .Date z" 2. l 3. A-In -4 4. 5. �r 6. 7. 8. 9 .10. 12. �Jct'z�- 9-qj- L <J to the CornMon CoUneil of the City of Buffato We, the t"Idersigned, as Residents of the Linwood-Oxford Community, strongly oppose the re- licensing of El Waseem's store oil the c IMI, of Main and West Ferry Streets. Despite nunaer•ous urgings and complaints over the years, this .E3rrsiness, arid their Landlord, have repeatedly shown a complete disregard for the safety and well bei.a.g of the community. By their inaction and lack of security rneasrr.res, they allow illegal activity a.nd loitering at all hours of the day acrd. night. Furthermore, because .€ o. expense or effort is taken by either party to clean or rna.intain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address Date U601 &6— 4 e 2. 3. .J� �. 4. S. 6, 7, S. 9. 12. f• f 1 _ -r �� j PETITION ri to the Common Council of the City of Buffalo ' We, the undersigned, as Residents of the Linwood - Oxford Community, strongly oppose the re- licensing of El Waseem's store on the corner of Main and Nest Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security incasures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue; to be covered in litter and trash on a daily basis. Name Address Date 1. ��'�._�l/ r=¢ . . 1� � }�LC�� I �( % � �. �� 1. - �GC .JC�_� � ��t� =r ��� / C.� `� 2. ... � t 3.`C - Y?7 ANWA J{ Ve- i0 rZ z) - f -E i _C 40 4. WL L 5. 6. 7. 8. 9. 10. 11 PE d l OPN to the Cornnton Council of the City of Buffalo We, the undersigned, as Residents of the Linwood-Oxford Community, strongly oppose the re- licensing of El Waseem's store on the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the pro rty continue to be covered in litter and trash can a daily basis. Nana ' Address Date 2, V 9 1 A- L4 3, 4 5. 6. 7. 8. 9. 10. t 12. PETITION / to the Common ('0111161 (If the City 4 iB uf a l o r.'l J We, the undersigned, as Residents of the Linwood- Oxford Community, strongly oPPose the re- licensing of El Waseem's store on the corner of Mein and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the day and night. Furthermore, because no expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. Name Address 11..1, 3 2. 3. 4. / -) - Z ix 16 5. 6 7. A f 7 3 r 4 1- 6 - VU211 7 7f =� s . o `f 9. J f 12. PETITION to the Common CoUncil of the City of Buffalo We, the undersigned, as Residents of the Linwood - Oxford Community, strongly oppose the re- licensing of El Waseem's store on the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, and their Landlord, have repeatedly shown a Complete disregard for the safety and well being of the community. By their inaction and lack of security measures, they allow illegal activity and loitering at all hours of the clay and eight. Furthermore, because no expense or effort is taken by either Marty to clean or maintain the public area, the street and sidewalks around the property continue to be covered in litter and trash on a daily basis. 1- at-i.e r Address r Date �. � �" ,, � {_ ��� (� �. v ✓�1 i fit �'_ ��l `. ��� jf � / _`� 2. �- rf 4. _.. -- -_. - - r -0 5. 6. 7. S. 9. 10. 12. -Fr P1 +a`l'I`FIf )N tv the i ornrnol) Council of tile , City of Buffalo We, the n11dersigned, as Residents of the Linwood- Community, strongly "Pose the re- licensing of El Waseemn s store oil the corner of Main and West Ferry Streets. Despite numerous urgings and complaints over the years, this Business, an d their Landlord, have repeatedly shown a complete disregard for the safety and well being of the community. By their inaction and lack of security z�ieasures, they allow illegal � activity and bite •ing at all hours ofthe day and night. Furthermore, because iao expense or effort is taken by either party to clean or maintain the public area, the street and sidewalks around theproperty continue to be covered in litter and trash on a daily basis. Name Address Date 5. 1) 3.; 4. } �ti 6. C 7. 9. 't 10. 12. REFERRED TO THE COMM ON LEGISLATION. -6- - �1 i o ) —1 63- WA 9 t tip( 7 ti s Ai 9 REGULAR COMMITTEES CLAIMS COMMITTEE (MICHAEL P. KEARNS, CHAIRPERSON) 00th 1154 } Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. I . Diane Pruitt, Mother of Dominique Pruitt $ 7,500.00 A. 2. Shawn Halas $ 5,750.00 A. 3. Tanimi Yetzer PIN /G Alexis Yetzer $ 5,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable; to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims _ Chainnan �;\) *AYE* NO * [- ------ - - - - -] [MAJ- S] [2/3 - 5] [3/4- 71 DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * ' KEARNS * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * g * p 0005 j" Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Jinie Agee $ 924.81 B. 2. Dexter Frank $ 1,170.75 B. 3. Clarence & Darlene Gibson $ 43.48 B. 4. Thomas Peters $ 483.93 B. 5. Miracle Reed -McCoy $ 1,700.42 B. 6. Safeco Ins. a/s /o Edison Street Church $49,000.00 B. 7. George Shinners $ 132.48 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite: their narries and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed. Recommended by the Committee on Claims ���F �.:._--- ....... rr J [-------- - - - - -] [MAJ- S] [2/3 - 6 ] [3/4- 7] *AYE* NO DAVIS FONTANA FRANCZYK * * * GOLOMBEK * * KEARNS LOCURTO * * * RIVERA * * * RUSSELL SMITH * * * * * * * * * * g * 0 * * * 0005 ,; Miscellaneous Reimbursements That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delive € to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims � _ Chairman C C That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following; claims be paid: C. 1. Tomika I3irl $ 90.00 C. 2. Nicholas Horvath $ .50 C. 3. .foal Massirni $ 353.43 C. 4. Booker Nailor Sr. $ 165.00 C. 5. Simply Myself Inc./ Prish Moran $ 4,770.00 C. 6. Marquis Ware $ 270.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delive € to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims � _ Chairman C C *AYE* NO * [-------- - - - - -] [MAJ- 5] [2/3 - 6] [314- 7] DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * * RIVERA * * * RUSSELL * * * SMITH * * * * g * p 000 Miscellaneous Invoices >� That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. 1. AAA Safe & Lock Co. $ 229.31 D., 2. Ameripride Linen Apparel Services $ 33.21 D. 3, Bison Elevator $ 4,659.50 D. 4, Buffalo Alarm Inc. $ 105.00 D. 5. Buffalo News $ 2,359.36 D. 6. Buffalo News $ 205.02 D. 7. Buffalo OccMed LLC $ 133,51 5.97 D. 8. County Line; Stone Co. $ 15,930.29 D. 9. County of Erie $ 50,000.00 D. 10. Coventry WC ,Services $ 108,228.00 D. 11. DFT Communications $ 472.50 D. 12. Divat Safety $ 75.00 D. 13. Ferguson Electric $ 455.73 D. 14. Halsey Reid Egoipinent $ 200.36 D. 15. Iluron Sprinklers $ 135.00 D. 16. John W. Danforth Company $ 694.54 D. 17. Mountain Glacier $ 119.52 D. 15. Police Athletic League $ 35,027.50 D. 19. Rinaldo, Thoirnas N. $ 600.00 D. 20. SGS `Cestcorn Inc. $ 2.57 D. 21. Safety Kleen $ 388.91 D. 22. Telogis Inc. $ 1,749.65 D. 23. Tony's Roadside Service $ 7,398.56 D. 24. Verizon $ 167,396.34 D. 25, Verizon Wireless $ 649.55 D. 26. Verizon Wireless $ 334.44 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recon imonded by the Coinmittee on Claims Chairmen - -- I! *AYE* NO * [-------- - - - - -) [MAJ- S] [ 2/3 - 61 [3/4- 7) DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * * * * 9 * a * * 00055 Contract Settlement That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following; contract settlement be paid: I;. 1. Urbitran Associates, Inc. $30,000.00 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Corninittee on Claims -__ -- Chairr►Za.n - - - - - -- V - - - -- RMV TawpWrnswordlrnivll 0- 21- 09clmcoium.doc f ". I-------- - ----J [MA1- 5] [2/3 - 6 [314- 71 *AYE* NO DAVIS FONTANA * * FRANCZYK GOLOMBEK KEARNS * ' * * * LOCURTO * * RIVERA RUSSELL SMITH * * 9 * p * * * CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) 0 00 59 Appt Real Estate Specialist (Perm)(Max)(Grzebielucha)(Strat Plan) Cep# 8, 10/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED r 3 Recommended by the Committee on Civil Service To: Council President David Pranczyk My name is j ; r , S ,._ , � and 1 have been employed by the Buffalo Municipal Housing Authority for years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. To: Council President David Franczyk My name is 41 -� `' � f v - and I have been employed by the Buffalo Municipal Housing Authority for ' 6 years. The employees of the BMHA have been working without a contact since 71112004. I urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, � To: Council President David Franczyk My name is � v� �cj i'° i_ , r .�J and I have been employed by the Buffalo Municipal Housing Authority for L--� vv- 00% years. The employees of the BMHA have been working; without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. I thank you for your consideration in this matter. Sincerely, rj� To: Council President David Franczyk My name is 1,y , U &; t_ � and 1 have been employed by the Buffalo Municipal Housing Authority for _ T _ years. The employees of the BMHA have been working without a contact since 71112004. 1 urge you and the Common Council to support our contract which is before the Common Council for approval. 1 thank you for your consideration in this matter. Sincerely, 000'0 Appt Chief Pumping Plant Engineer (Perm)(Max)(Hogue, Jr.)(PW) (cep# 15, 10113) Mrs Russell moved That Communication 15 of October 13, 2009 be received and Filed and that the Permanent Appointment of Herbert E. Hogue Jr., 137 Breckenridge St, Buffalo, NY 14213 at he Maximum. Salary of $44,009 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended b the Committee on Civil Service # _= Y - i �r i *AYE* NO * [-------- - - - - - [MAJ- S] [ 2/3 - 6 ) [3/4- 71 DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * * # 9 * p 0006 Appt Senior Special Assistant (Exempt)(Leadersdoro(A &F) Ccp# 26, 1.0113 Mrs. Russell moved That the above item be the same and hereby is Received and piled ADOPTED Recommended by the Committee on Civil Service FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) ©®Q6`? Buffalo Civic Auto Ramps — Addendum to Agreement for Service (Item No. 1, C.C.P., Oct. 13, 2009) That the Chairperson of the Board of Parking be, and she hereby is authorized to execute the addendum to a contract with Buffalo Civic Auto Ramps, Inc. for the maintenance of the City's Residential Area Parking Program Lots upon the same material terms as that attached to the above communication. Passed Recommended by the Committee on Pinar Chairman TAB:nnv 'C':lsvj)60\1 n.swordlmMIoIU- 13c.doc i� *AYE* NO * [ ............. I [MAJ- 5] [2/3 - 6 ] [314- 71 DAVIS FONTANA * * FRANCZYK * * GOLOMBEK * * * KEARNS LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * } 9 * p COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) 00 of; 3 1 769 Best Former School No. 59 --- Parkview Lofts, Permission to Designate Developer (Item No. 5, G.C.P., Oct. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council approve the designation of Inclusion Development Associate as the Redeveloper of 769 Best upon the terms and conditions as listed in the above commur cation, and the Executive Director of Strategic Planning be, and he hereby is authorized to prepare a Land Disposition Agreement for the redevelopment of 769 Best (former School No. 59); and forward to the Common Council for final approval. Passed. a Recommended by the Committee on Community Development Chairman — TAB : rmv 1':luuls6Ul�aaswnF•d1rm� =15c I0- 13c.cPoc 4 [-------- - - - - -] [MAJ- S] [ 2/3 - 6 ] [3/4- 7] *AYE* NO DAMS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * * * * * * * 9 * p *. * * * 0006 R. Reinas -Men of Agmt Btwn COB and PBA(2004) Ccp# 55,10/13 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED r � `f FJ Recommended by the Committee on Community Development 00001 A. Thotnpson- Contamination /Remediation of Lots on Jefferson Ave Ccp# 58, 10 /13 Mr. LoCurto moved Thq,Vth� abov -item be-the sa nd eby ' ec ' d -and Filed ADOPTED Recommended by the Committee on Community Development l Mr. LoCurto moved that the above item. be recommitted to the Committee on Community Development ADOPTED 0006�i Report of Sale — 79 Walden (Item No. 18, C.C.P., May 26, 2009) (Item No. 94, C.C.P., Sept. 1, 2009) That the above item be, and the same hereby is returned to the Common. Council without recommendation. Mr. LoCurto moved: That the offer from M . Saleh A. Cho ury, residing at 9 acific Street, Apt. 43, Brg6k yn, New Y rk 11238 in the um f nine thousan doll s ($9,000.00) o the purcha�e o 79 Wal n, be nd hereb is acce ted; and f ! / ;'hat t e tram ter tax, r cordin fees and c st of leg41 descriptio shall b paid the purchase and r / That he Yxecutive Di ec r, Office of Stratee Planning be auth" fized to prepar6 -ssary ocuments for the transfer of title and that the Mayor be authorized to the same. Recommended by the Committee on Community Development ty ment p C airman TAKrmv TAwp601mSwordlrmv199c9 -1 c 7 �X y Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOP'T'ED 0006;1 M..L,oCurto -COB Resp to HUD Determinations -CDBG Ccp# 35, 4128 Mr. LoCurto moved That the above item be the same and hereby is Received and Tiled ADOPTED J 1 s Recommended by the Committee on Community Development C A LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) OOOGS Food Store License -- 1019 Kensington (Item No. 19, C.C.P., Oct. 13, 2004) That the above item be, and the sane hereby is returned to the Common Council without recommendation. Mr. Golornbek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Econ mi� Development, Permit and Inspections Services be, and he hereby is authorized to g t a Food Store License to Mohamed Al- Dubaishi dlbla B -LO Mini Mart located at 1019 Kensington. Recommended by the Committee on Legislation ` � ` J Q ' -A Chairmaii TAB:rniv Tatvp601ms%vord \ r nv119c10- 13c.doc s t 00000 Food Store License -- 1534 Main (Item No. 20, C.C.P., Oct. 13, 2009) That the above itern 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 Econom Development, Permit and Inspections Services be, and he hereby is authorized to �' z a Food Store License to Yagoub Alwasim d /b /a Mr. Miilenium Food Mart located at 1534 Main Street. Recommended by the Committee on Legislation 'rA.13:rniv TAwp60kmSw0 \20c 10 -13 c. doe U 0 0 0 0 Second Hand License — 1860 Seneca (Item No. 24, C.C.P., Oct. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recotnnlendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections ,Services be, and he hereby is authorized to grant a Second Hand Dealer License to Colleen Walsh d /b /a Seneca Jewelry Wholesale located at 1860 Seneca Street. Passed. Recommended by the Coin.tnittee on Chairman TA13:r«v TAwp60\mswordVmvl24c10- 13c.doe *AYE* NO * [-------- - - - - -] [MAJ- 5] [2/3 - 6] [3/4- 7] DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * * * LOCIIRTO RIVERA * * * RUSSFLI, * * * SMITH * * * « g * 0 0067 R. Rienas -FBA Response -771 Busti Ave. Proposed Landmark Designation (#54, 10113) That the above item is hereby referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation 0007 , Local Law Intro. No. 4 (2009) Taxes and Assessments (Item No. 84, C.C.P., Oct. 13, 2009) That the above item be, and the salve hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Local Law as contained in Item No. 84, C.C.P., October 13, 2009, be and the salve hereby is approved. Passed Recommended by the Committee on Legislation .. _ Chairman TA13:rmv 1':hvp60kmswordlrjnv184c 10- 13c.doc .4 *AYE* NO * [-------- - - - - -] [MAJ- S) [213 - 6] [314- 7] DAVIS FONTANA FRANCZYK * * * GOLOMHEK * * * KEARNS LOCURTO RIVERA * * * RUSSELL * * * SMITH * '� * * * * * * * * * * 9 * 0 00x`3 T. Briatico, Petition to Use 194 Maple -- Parking Lot (Item No. 16, C.C.P., Sept. 15, 2009) (Item No. 70, C,C.P., Oct. 13, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: Thdt fter the public hearing b ' the Committ o Legisl Sept �Olca r 2 , 2009 e etition of . Briat o, agen or pen �. siol Stre parkin lot on pare s on Maple t which adjoin a c lot at 933 Mi h' an Avenue e, and hereby is approved. use 1 4 Ma �nercial parking Recommended by the Committee on Legislation Chairs an TAB:rmv t:Aivj)60\mswordl:❑ vA160- 1Sc.doc Mar. Golombek moved that the above item be recommitted to the Committee on Legislation 00071 4j. i 0 T. Briatico, Petition to Use 203 Maple -- Parking Lot (Item. No. 17, C.C.P., Sept. 15, 2009) (Item No. 71, C.C.P., Oct. 13, 2009) That the above item be, and. the same hereby is, returned to the Coalmon Council without recommendation. Mr. Golombek moved: T at aft �e public hearing be fe t e Con ttt e on Le =' anon on Sept em e 2 , 200 the etiti of riatic , ent, fo tssion o use 203 Maple Street or 1 S spa arking to e, and hereby is approved. Pa f\ Recommended by the Committee on Legislation Chairman 'FAB:rrtav tAwp601mswordVunvl t 70- 15e_doc 1 G.. -��') Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. 000'75 B. Baumker, Petition to Use 517 Niagara Street - -- Pole Sign (Item No. 80, C.C.P., Sept. 1, 2009) (Item No. 72, C.C.P., Oct. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of B. Bauniker, agent, for permission to use 517 Niagara Street for a 15' maximum pole sign height to the top of the sign and hardy perennial plantings at the base of the sign` be, and hereby is approved. Passed. Recommended by the Committee on Legislation __..._.__ ......... ...._..__?rI- Chairman "I'AB : rrnv taltiG (}lms«oTdl:nnvlSOc9- lc.doc [-------- - - - - - (MAJ- 5) [2/3 - 61 [3/4- 71 DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH *AYE* NO 9 # 0 t . Nfl- DAVIS FONTANA FRANCZYK GOLOMBEK YEARNS LOCURTO RfVERA RUSSELL SMITH [--- -- --- - - - - -J [MAJ - 51 [2/3 - 61 [3/4- 7] *AYE* NCO ©00 "�''6 R. Fontana- Concerns Water Service Line Insurance Ccp# 37, 9129 Mr. Golombek moved That the above item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee on Legislation RESOLUTIONS Oct 27, 2009 ©0077 BY: MR. FRANCZYK RE: ADDRESS MARINE DRIVE CONCERNS ABOUT PARKING LOT WHEREAS: The Common Council Waterfront Committee conducted a public hearing on October 21, 2009 regarding the proposed 4 -6 story Commercial Slip Parking Garage proposed by the Erie Canal Harbor Development Corporation (ECHDC); and, WHEREAS: Numerous residents of the Marine Drive Apartments expressed many concerns regarding a parking facility located in close proximity to their homes, including issues of increased traffic congestion, air pollution, noise, crime and public safety concerns; and, WHEREAS: Marine Drive residents have also expressed their general support for ECHDC's plan to re- imagine the waterfront and spoke in favor of many aspects of the ECHDC's vision, yet still have lingering concerns with the parking lot; NOW, THEREFORE BE IT RESOLVED: That the Common Council supports an ECHDC's parking plan that does not infringe on the quality of life of Marine Drive residents, and asks the ECHDC to respond to the feasibility of moving the ramp to an alternate location to the one proposed in the plan; BE IT FURTHER RESOLVED: That as an involved agency, the Common Council's desires that its concerns, as well as Marine Drive resident concerns, regarding the Commercial Slip Parking Ramp, be incorporated into the ongoing environmental review process; BE IT FINALLY RESOLVED: That the Common Council request that the ECHDC respond to its concerns in regards to the proposed Commercial Slip Larking Garage. r AVID A. FRANCZYK ADOPT I.st & 2nd RESOLVE REFER REMAINDER TO SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT BY: MR. FRANCZYK 00078 RE: KEEPING BROADWAY POST OFFICE OPEN WHEREAS: The Common Council previously protested the cutting of hours of the U.S. Post Office branch at 1035 Broadway; and, WHEREAS: It has recently come to light that the Post Office has proposed the possible closing of the Post Office retail office at 1035 Broadway; and, WHEREAS: Such a closing would strike yet another blow to the wider Broadway - Fillmore community, which has suffered the loss of stores, churches, banks, services, and now the proposed closing of the Matt Gajewski Health Center at 1500 Broadway; and, WHEREAS: Broadway - Fillmore is one of the city's poorest communities, and because many people there don't have cars, it is extremely inconvenient for them to get to the William Street Post Office. Moreover, many citizens there do not have computers, and do not send the a -mails so dreaded by the Post Office. (i.e. they mail the old fashioned way); and, WHEREAS: Many civic - minded groups are working very hard to revitalize the area in the Broadway Market community, and their efforts are not served by yet another abandonment of the neighborhood; NOW THEREFORE BE IT RESOLVED: That the Common Council calls on the United States Postal Service to keep open the Post Office Retail branch at 1035 Broadway. / A. FRANCZYK TTEE N__ ��.� ,f�1 t' 00079 tiGi., ,,,!r� . ,, BY: MR. FRANCZYK , I RE: KEEP COUNTY HEALTH CLINICS OPEN WHEREAS: The Erie County Budget proposed by County Executive Chris Collins calls for the closing of two vital neighborhood health clinics which have long served two desperately poor and underserved communities: The Matt Gajewski Center at 1500 Broadway and the health center at 608 William Street; and, WHEREAS: The callous proposed taking away of these vital community health resources which serve thousands of people in need is tantamount to Erie County abandoning those East Side communities, while the cavalier suggestion that those patients should go to Sheehan Hospital hardly makes up for the loss; and, WHEREAS: The costs for those neighborhood health clinic services are fully reimbursable to the county, further justifying their continued existence; and, WHEREAS: The closing of 1500 Broadway would also be disrespectful to the memory of Dr. Matthew Gajewski, long time East Side physician, former member of the Buffalo School Board and activist; NOW THEREFORE BE IT RESOLVED: That the Common Council supports efforts by 3 District Erie County Legislator Barbara Miller - Williams to restore funding in the county budget for 1500 Broadway and 608 William Street Erie County Health clinics; and BE IT FINALLY RESOLVED: That the Common Council additionally urges the Erie County Legislature to vote to restore funding to 1500 Broadway and 608 William Street health clinics in their budget deliberations, DAVID A. FRANCZYK -3 000SO l Resolution Sponsor: Mr. Franczyk Subject: Supporting Buff,&350.org Whereas: The continued pollution of the atmosphere with carbon dioxide frozn fossil Fuels and coal burning energy plants threatens our planet, endangers its most vulnerable people, and has made climate change the most critical issue facing the earth today; and Whereas: Recent scientific data indicates that atmospheric carbon dioxide levels have increased to 390 parts per million, which is significantly in excess of the 350 parts per million level that scientists have calculated as being the upper limit of what is safe for the earth's atmosphere; an([ Whereas: 350.org was founded by Bill McKibben as the first large - scale, grassroots global campaign organized around a specific scientific data paint. A number of local and international groups are sponsoring 350.org events to confi climate change and a Buffalo350.org event is being held to educate civic leaders and the general population about this environmental crisis and what can he done to reduce atmospheric carbon dioxide levels to safe levels; and Whereas: The Buffalo350.org event is scheduled to take place at D'Youvillc College between 11:00 AM and 2:30 P.M on Saturday, October 24 "'. It will include a march to the waterfront, a "Low Carbon .Diet" community- enhancing program to lower household and lifestyle "carbon footprints," and a variety of speakers, music, children's activities, and refreshments. This event is being held not only to raise awareness ofthis important issue, but also to spur government action at the upcoming International Climate '.1'reaty Conference that will be held in Copenhagen, Denmark in December of this year Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo recognizes the urgent problem of global climate change and is committed to taking significant steps to reduce greenhouse gas emissions associated with fossil fuel use and raising awareness about climate change among City employees, residents, businesses, community groups and institutions. t G r David A. Franezyk Filltnore Council Member David A. Rivera Niagara Council Member Michael 1. Kearns South (JornIcil Member Demone A Smith Masten Council Member /0,61rto Michael J. Delaware Council Member Richard A. Fontana Lovejoy Council Uemher S -J_ 0008 1 7 RESOLUTION �`�` By: Mr. Golombek Re: Discharge Legislation Committee "Creation of a Domestic Partner Registry in the COB" (Res 83, C.C.P. Oct 13, 2009) Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, 'Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of "Creation of a Domestic .Partner Registry in the COB" (Res 83, C.C.P. Oct 13, 2009) and said item is now before the Common Council for its consideration. Joseph Golombek, Jr. ADOPT DISCHARGE PASSED 6,�) 'k d f-- ___.__..,.w..I [MAJ- 5] j 2/3 - b ] [314- 71 DAVIS * * * LOCURTO FONTANA RIVERA * * * FRANCZYK * * * RUSSELL GOLOMBEK * * * SMITH * * * KEARNS * * * *AYE* Nom°* * * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * * * * * * * * * *AYE* Nom°* ©OOS2 RESOLUTION By: Mr. Kearns Re: Single Strewn Recycling Whereas: Demand for consumer products is rapidly growing throughout the world at rates that are outstripping the sustainable use of raw materials and the trash that is created as a byproduct of production is becoming more costly and difficult to dispose of; and Whereas: Studies have shown that sixty percent to seventy percent of the trash sent to landfills is actually recyclable; and Whereas: The more trash that is recycled, the less that is sent to landfills, and the greater the cost savings to the City; and Whereas: Recycling is becoming increasingly critical as a foundation for sustainable production; and Whereas: Single Stream Recycling (SSR) programs can provide the increased quantities of recovered materials needed for this increased production; and Whereas: Single Stream Recycling (SSR) allows residents to combine all of their recyclables into one container without having to separate anything, making it_just as easy to recycle as it is to use a regular trash container. Residents utilize a wheeled tote, similar to the ones they now use for regular trash, and the recyclables would be picked up and sent to a facility that sorts the materials; and Whereas: Wheeled recycling totes will make is easier for the elderly and the disabled to recycle since the wheeled totes are easier to move around than the blue bins currently in use. Totes would also keep the recyclables from being; strewn around the neighborhood as often occurs on windy days- much to the frustration ofnrany local residents; and Whereas: Benefits derived from SSR include: increasing the volume of recoverable materials, boosting the diversion rate From the local landfills, improving recycling participation by residents and businesses, and reduced collection costs. SSR. also allows more materials to be recycled; and Whereas: Many local governments have introduced SSR to their communities, including Boston, Philadelphia, Portland, San. Jose, Denver, Colorado Springs, Baltimore, Lexington, Madison., W l and Albuquerque to name a few; and Whereas: The City of Buffalo can and should treat its recyclables as a commodity stream that is increases in value each year as prices increase and the global demand for paper, plastic, glass, metal and other recyclables continues to skyrocket; and W ' 11, Now, 'I`lierefore be it Resolved: That the Common Council of the City of Buffalo is committed to a less costly and more economically attractive waste disposal system; and Be it Further Resolved: That the Department of Public Works, Parks and Streets study include Single Stream Recycling (SSR) as an alternative in the next request Tor proposals for recycling collection in the City of Buffalo and that a copy of said R.I=P be filed with this Common Council for review by its members; and lie it Further Resolved: That the Department o f Law prepare a City Code amendment to mandate that all property owners, regardless of' whether their trash is picked -up up by the City of Buffalo, be required to recycle the trash generated by the respective facility (e.g., businesses, hotels, public housing, schools, etc.) Be it Finally Resolved: That this item be referred to the Board of Directors of the Buffalo Sewer Authority, the Buffalo Urban Renewal Agency, the Buffalo I lousing Authority, and the Buffalo Board of Education for comment and response, as well as the Common Council's Finance Committee, for further discussion. Michael P. Kearns President Pro- Tempore South District Common Council Member ADOPT 1st 2nd & 3rd RESOLVE REFER REMAINDER TO THE COMMI'TT'EE ON FINANCE 00OS3 RESOLUTION BY Mr. Smith ` K l)4 `) RE: MWBE Goals Whereas: A boat with one ore in the water spins around in circles. This truism is evident in Municipal Finance. f=inancial and employment opportunities are awarded to businesses and organizations to perform functions on behalf of municipalities. Diversity in financial and employment opportunities lends effort to a balanced spending policy that if maximized provides positive movement in all areas in the City of Buffalo. Diversity goals must be clearly defined, understood, monitored and enforced; and Whereas: In the midst of a recession, the City's economic indicators are currently positive. The City has shown success in compliance of Minority and Women Owned Business Enterprise (MWBE) Goals but they must still be evaluated and updated for better maximization of their benefit; and Whereas: There are still issues that continue to hinder full compliance with MWBE Goals and reports of high employment rates of people of color, especially, men must be addressed. There are concerns that must be examined such as: Diversity in Funding of Job Training Programs The certification process and validity of certified businesses Difficulty in completing Union training programs Nepotism in financial opportunities The need for additional MWBE certified companies Integration of public school, community colleges and job training programs into the local workforce Recession effects on MWBE business development Effects of Land usage and Economic incentive programs Monitoring, training and City expectations of MWBE goals Notice, compliance and accessibility of opportunities Now Therefore Be It Resoled: The MWBE Committee provides a review of MWBE goals and provides recommendations for better implementatign. REFERRED TO T MINORITY BUSINESS Demone Smith ENTERPRISE' CI COMMITTEE. 0. By: Mr. Smith RE: MWBE Goals 000!3 r V11 RESOLUTION BY Mr. Smith RE: Universal Health Care Whereas: Debate continues regarding Universal Health Care by the Federal Branch of government. There has been little dialogue about the effects or possibility of municipalities entering into the Universal Health Care Legislation; and Whereas: There is legislation before the Common Council to increase coverage and raise insurance premiums by extending benefits to "'Domestic Partners "; and Whereas: New York State expanded Family Health Plus to cover small businesses, labor unions, and non- profits. A pilot program was initiated with the members of Service Employees International Union; and Whereas: There is a possibility that if the inclusion of municipalities is inadequate in the Federal Legislation, Family Health Plus be expanded to provide a statewide public option; Now Therefore Be It Resolved That: The City of Buffalo investigate the possibility and effects on the City with Universal Health Care, with and without the public option; and Be It Finally Resolved: The City investigates the feasibility of municipalities to enter into th7 New York State Family Health Plus as a statewide public option. Smith REFERRED TO THE COMMITTEE ON LEGISLATION. �A By: Mr. Smith RE: Universal healthcare H 00085 BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Robert Patrick • Rudolphus Boans, Jr. TOTAL 2 ADOPTED i1p . L� / P// 0 k- -�) ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13' floor City Hall, Buffalo, New York, unless otherwise noted. Re ular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Committee on Finance Wednesday, November 4, 2009 at 9:45 o'clock A.M. Wednesday, November 4, 2009 at 10:00 o'clock A.M. Wednesday, November 4, 2009 at 1:00 o'clock P.M. Wednesday, November 4, 2009 at 2:00 o'clock P.M. Wednesday October 28, 2009 at 10:30 o'clock AM Special committee on Education Wednesday, October 28, 2009 at 1:00 o'clock P.M. (Public Disclaimer All meetings are subject to than e and cancellation b the res ective Chat7i�r� of Council Corrimittees. In the event that there is sufficient time given for notification it will be rovided. In addition there may be meetin s set qp whereby the Qijy 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. 00081 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Darns-; the Council adjourned at GERALD CktWALINSKI CITY CLERK Oct 27, 2009 ©008 No. Adjournment On a motion by Mr. Fontana, Seconded by Mr. Kearns; the Council adjourned at3 � GERALD CHWALINSKI CITY CLERK Oct 27, 2004