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HomeMy WebLinkAbout09-1013-1015ppCORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, October 13, 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 September 29, 2009 were approved. DAVIS FONTANA FRANCZYK GOLOMBEK KEARN S LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- S] [2/3 - 61 [3/4- 7] Oct 13, 2009 A * 9 0 Oct 13, 2009 v FROM THE MAYOR Oct 13, 2009 00001 J # 2 (Rev. 1193) ONE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM : DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: Item No. 1, C.C.P. 09/16/08 TEXT: October 7, 2009 Office of the Mayor Addendum to Agreement for Service Buffalo Civic Auto Ramps hereby submit to you an addendum to a contract with Buffalo Civic Auto Ramps, Inc. (BCAR) for the maintenance of the City's Residential Area Parking Program (RAPP) Lots. Since the unanimous approval of the original contract by this Honorable Body on September 16, 2008 the inventory of RAPP Lots has changed. A number of parking lots previously designated RAPP Lots have been rediscovered after being overlooked due to changes in staff and lack of institutional knowledge. The inventory also needs to be changed to reflect that the City is no longer responsible for two RAPP Lots which were sold to a third party. As a result, the original maintenance contract with Buffalo Civic Auto Ramps needs to be amended to properly reflect the current RAPP Lot inventory and to adjust the contract amount paid to BCAR for maintenance of the RAPP Lots. The RFP asked bidders to submit unit costs for RAPP Lot maintenance in the event that RAPP Lots were added or deleted. The maintenance contract also permitted amendments with approval from the Common Council. The attached addendum identifies the current RAPP Lot inventory and adjusts the compensation for BCAR based upon the unit prices bid by BCAR in response to the RFP. All of the RAPP Lots identified in Exhibit "B" for inclusion in the maintenance contract are owned by the City of Buffalo, with the exception of 612 Fillmore, which is owned by the ADAM MICKIEWICZ LIBRARY & DRAMATIC CIRCLE. Although a privately owned lot, 612 Fillmore was previously designated a RAPP Lot on April 1, 1992 in exchange for improvements made to the parking lot using public funds. By inclusion in the RAPP Lot maintenance contract, the owners must ensure that the parking lot is free and available to the general public and that the use of the parking lot by the ADAM MICKIEWICZ LIBRARY & DRAMATIC CIRCLE does not interfere with the use of the parking lot by the general public. The City of Buffalo Board of Parking reviewed the changes to the RAPP Lot Inventory and approved the change in BCAR's compensation in conformance with the unit prices previously bid. Permission is hereby requested for the City of Buffalo to enter into the Supplemental Agreement with BCAR. REFERRED, To 3 o i ON � CE DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD Byron W. Brown Mayor SUPPLEMENTAL AGREEMENT FOR SERVICE Tills S[J.PPt.,I�MENTAL CONTRACT dated this day of 2009 is by and between the CITY OF BUFFALQ ( "CITY ") a municipal corporation with its principal place of business at 65 Niagara Square, Buffalo, New York 14202 in the County of Erie, and Party of the First fart, BUFFALO CIVIC AUTO RAMPS, INC., ( "BCAR ") a New York Trot- for - profit corporation with its principal place of business at 221 Pearl Street, Buffalo, New York 14202 in the County of Erie, Party of the Second Part M21'L1I]I0310all I. A WHEREAS, the CITY owns or manages several surface parking lots throughout the City for the purpose of providing public oft- street parking and WHEREAS, the CITY includes these parking; lots in the Residential Area Parking Program ( "RAPP ") and the parking lots are frequently referred to as RAPP Lots; and " q services. throughout the Year _ such . as _ ITI3I:AS tile RAPP _ I.,c3ts_ require .113aittterl�trree se snowplowing, lawn maintenance, flower bed maintenance, and litter removal, and WHEREAS, on the 27 °i day of June 2008 the CITY Board of Parking issued a Request for Proposals ( "RFP ") seeking submissions frorn all interested parties to perform the requested services, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS oil the 17 day of July 2008 BCAR submitted it proposal to the Board of Parking of the CITY to perform the aforesaid services, and the proposal was found generally acceptable by the CITY Board of Parking and CITY Common Council; and WHEREAS, the CITY retained the services of BCAR for the above stated objective; and WHEREAS, BCAR has performed the services needed by the CITY irr it professional and timely manner and in accordance with the terms and conditions set forth in contract approved by the CI Common Council on September 16, 2009, and WHEREAS, since the execution of the contract the City's inventory of RAPP hots has changed in that more parking lots originally designated RAPP .Lots have been identified and two RAPP Lots have been removed from the inventory due to acquisition by a third party; and WHEREAS, the R.FP requested bidders to submit unit prices for parking lot maintenance in the event that RAPP Lots were added or removed from inventory; and DRAFT Siibmitted for Common Council Review ,r WHEREAS, the CITY now desires to amend the original contract to reflect the current inventory of RAPP Lots and cornpensate SCAR accordingly based tipon the unit prices subs itted as part of the 13CAR bid, which unit prices are attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. PROJECT AREA The list of the parking lots being added and removed from the Project Area is set forth in Exhibit B attached hereto. 2. COMPENSATION As explained more i'ully in Exhibit B, the current annual SUM paid to BCAR ol ONE THOUSAND NINETY ONE DOLLARS ($31,091.00) shall be increased by TEN "THOUSAND TILREE HUNDRED NINETY THREE DOLLARS AND FORTY FIVE CENTS ($10,303.45) of July 1, 2009 for a total annual sr.nn of FORTY ONE, TEIOUSAND FOUR HUNDRED EIGHTY FOUR DOI..,L,ARS AND FORTY FIVE CENTS ($41,484.45). 3. PRIOR AGREEMENT All other terms and conditions in the contract approved by the Common Council on September 16, 2008 shall remain in full force and effect. IN WI'L'NESS WHEREOF: The CITY has caused this instrument to be signed by the Chairperson of its Board of Parking and BCAR, Inc. CITY OF BUFFALO By: SUSAN GONZALEZ CHAIRPERSON BOARD OF PARKING BUFFALO CIVIC AUTO RAMPS, INC. fly: CRAIG J. BURTON PIkf SIDENT APPROVED AS TO FORM ONLY: David Rodriguez Acting Corporation Counsel By: Brendan R. Mehaffy Assistant Corporation Counsel DRAFT Submitted for Common Councils Review ACKNOWLEDGMEN'rS STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: CITY OF BUFFALO } On this ---- ____ J day of , 2009, before me, the subscriber, personally appeared SUSAN GONZ.AT.EZ to be known, who, being by me duly sworn, did depose and say that he resides in the City of Buffalo, New York; that she is the Chairperson of the City of Buffalo Board of Parking, an entity of the corporation described in and which executed the within instrument, that she knows the seal of said City, that the seal affixed to said instrument is such corporate seal and that she duly acknowledged to me that she executed same. Notary Pub] iclCominissioner of Deeds STATE OF NEW YORK ) COUNTY OF ERM, } ss.: CITY OF BUFFALO ) On this _ _ day of , 2009, before me, the subscriber, personally appeared CRAIG J. BURTON to me known, who, being by me duly sworn, did depose and say that he resides in the Town of Fast Amherst, New York, that he is the President of Buffalo Civic Auto Ramps, Inc., the not- for -profit corporation described in and which executed the foregoing instrument; that lie 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 flame thereto by like order. Notary Public/Commissioner of Deeds DRAFT Submitted for Common Council Review %I EXHIBIT "A" (UNIT PRICE PAGE FROM I3CAR PROPOSAL) DRAFT Submitted for Common Council Review Add Remove Unit Cost Hard Scape (Summer) Hard Scape (Winter) Turf Unit Cost $0.34 Unit Cost $0.46 Unit Cost $1.45 Address Size Flower Beds & Shrubs Unit Cost $4.24 Lot Total 37 Auchinvole 31 x 149 513.2 yds X $0.34= $174.5 $174.50 n/a n/a $349 43 Auchinvole 27.5 x 139 $144.40 $144.40 n/a n/a $288.80 53 Auchinvole 30 x 59 $66.87 $66.87 n/a n/a $13174 55 Auchinvole 30 x59 $66.87 $66.87 n/a n/a $133.74 274 Breckenridge 30 x 149 $168.87 $168.87 n/a n/a $337.74 278 Breckenridge 30 x 149 $168.87 $168.87 n/a n/a $337.74 280 Breckenridge 25.6 x 66 $63.83 $63.83 n/a n/a $127.66 238 Ontario 140 x 371 $1,962.18 $1,962.18 n/a n/a $3,924.36 1511 Hertel 25 x 55 (front) 60 x 95 (rear) $267.28 $267.28 n/a n/a $534.56 1466 Hertel 65 x 110 (front) 200 x 70 (rear) $799.00 $799.00 n/a 40ydsX$4.24= $169.6 $3„767.60 378 Military 25 x 85 2505= $70.83 $70.83 n/a 25x10= $117.78 $259.44 380 Military 22 x 85 22x75= $62,33 $62.33 n/2 25x10= $117.78 $242.44 612 F111more 50 x 150 based on 50x140= $264.44 $264.44 50x10 =80.55 n/a $609.43 104 Orange 25x 100 based on 25x90 =$85 $85.00 Z5x10= $40.28 n/a $210.28 102 Orange 25 x 100 $85.00 $85.00 $40.28 n/a $210.48 92 Orange 350 x 100 based on 140x100= $528.89 $528.89 10x100= $161.11 n/a $1,218.89 1111 Lovejoy 134 x 130 delete $110 jdelete $110 n/a n/a ($220) 1131 Lovejoy 134 x 133 delete $11D delete $110 $292,25 n/a ($512.25) Total $10,393.45 EXHIBIT "B" (LIST PARKING LOTS TO BE ADDED AND REMOVED WITH CORRESP() N;;ING COMPENSATION ADJUSTMENT) DRAFT Submitted for Common Council Review BID SHEET PART 1: The Overall Annual Total shall be the Contractor's laid on the Scope of Services for the RAPP parking lots identified on the Bic] Worksheet below. The Bid Worksheet lists the City of Buffalo's RAPP Lots and provides a work area in which the Bidder can calculate the Overall Annual Total. The Bidder is not obligated to complete the Bid Worksheet, however, the City will nonetheless tasstarne that the Bidder has visited all sites identified below before mbi-ittinb its bid. CATEGORY TOTALS 1 lower 11 OVERALL `l �3crls & �trclscape �Zarcl;scal�e ANNUAL (Sul�IZrter) (Winter ) TOTAL Totals Toia1 o f Jjsllmafed area :f /(3 limes Unil Cost r for Rich Park r Lot - - -__ -- _ 1'AIt "I'1 I: In :additia to thc; Overall Annual Total, the Bidder must provide a Unit Cost. `l he Ua)it Cost will be used as the basis for cletecmilailrt fi le InrailateTatalice casts for RAPP parking lots added or identified daring the tens of Contract. Urtless a harking lot added or identified in the facture has unique features that somehow materially differ from the lots identified above, the City of Buffalo shall multiply tlaC; Ultit Cost by the estimated area of the parking lot to cletcrinino the price at which the City of Buffalo sh',111 coTrapensf►ta the Contractor. Flower tied, & X1arclscalaelxrclscalTe Tart Shr•aalas (Stlmmca•) (Wiaaicr) I3IDDf 1 S NAML1Ilhhj %�� � � I'1101.TI NO I �1 Date: ... °! ° 2-pp Signature: Print Namc; mo t° __._ _... � �. � 5 , 3Et 0 ", x./. rr {� / -I_•tal Al �6 � Unit Cost - 60:5 -ItVf lJe±+. eJ��� ` �` ] � � '� yds (Unit = Square Yard) X/ YJ y'd 9 4�0, 3g5j yd 9 0. ' n yd I3IDDf 1 S NAML1Ilhhj %�� � � I'1101.TI NO I �1 Date: ... °! ° 2-pp Signature: Print Namc; mo t° __._ _... � �. � 5 Bid Worksheet Properties below can be located on the City's Map page available at http://gisl..erie.crov/ RAPP Lots Turf � Shrubs & Flowers Beds I k�[a�rdscape I (Snmrner) j Hard,scape inter) Annual `Fatal Estimated Are a j lime Cost Estimated Area l Unit Cast Estimated Area Unit Cost Estimated Area � turf--r Shrub + Unit Costardsca� . 198 -200 .Alen (at Elmwood) ► ' �� j �� 2. 1193 Broadway (at Brighton) IL 102 Bailev i E i (between Thorton & Mi dray) f i �. ' 301 Bryant ! E (near Ashland) � � %�°� � � � °{�7 � � 7-1 i��,�' I ,r_ j . 7! i RAPP Lots Turf i Shrubs & Flowers H'ardscape Hardscape :annual Beds (Summer) ! (Winter) Total f E i $stimate�i CJni: Cost i Estimated Unit Cost ` Estimatd Eti esmated Area 1 Area 1 Cost � CtsrF Shrubs Unit C E Area :area U nit Cosc � 9aedscat; 1 132 & 134 Clare i i (at intersection � . of Clare & Olga //00 near l illmore) I k I 6 Essex t � 6. (near Rhode Island) I 1405 Filln - ion, 7 (intersection � Pillrnore and w0 81 1 248 Gibson � Gear Broadway),, � E i 9. ` 182 Grant (near Aubum) i ?� 641 Hertel ' 10 (between Sunset and Page) � t I APP Lots Turd k Shrubs & dowers i Hardsca�ae I Hardscape � Annual Beds ! (Summer) E (Winter) Total i Estimated Cost Area estimated Cost ': Estimated Area ; : Ares unit Cost Estimated Area Canis Cast Turf+ sbr�b y 186 Hertel Hardscape (LztersectioE of E Hertel and E I I Tonawanda) f d 1 ! 40 Days Pare f (Hudson. & I i f 12 Orton at School 3�j6) j i I taf� ® 1 � i '274 Main 3 {at Englewood) ro { 195 military I 14 (at Grote) { / 843 -849 Seneca 1 5, (between Griffin and Smith) C) � �� �J . .� � �0 ° � � � � � 7o3 o 51 �`�' 3 3 RAPP Lots Turf Shrubs & Flowers Hardscape Hardscape Annual I Beds (Summerl (Winter) Total Estimated i Unit Cost Estimated Unit Cast _ Estimated � .Estimated � Turf+ Sbrub + � Area i A rea Lnit Cost Unit Cost Area Area J Hardscape ! 2237 Seneca ' I � E (Cite lot n-- to I 161 St. John's, Seneca at F � � Parkside St.) ; I .(7 Foot p of l .gxmer 7 ` I Street On 1 Niagara (near Herte') 3€ 4 W. 1 tica 18 (near Elmwood) E t 1111 and 1131 � I � f 9 Lovejoy Street � (between Ideal � , , � /�, and Benzinger) # 117? Lovej Street 0 (eastern half of I parking lot- between Davey & Gold) 1 10 , RAPP Lots Turf Shrubs & Flowers 1 Hardscape � Hardscage � Annual Beds (Summer) (Winter) Total ? ! Estimated Unit cost Area Estimated Unit Cost Area - Estimated Area Estimated Unit Cost Area i Unit Cost Ttjrf+ Shrub Hardscape f I � 2 # 573 Forester (near Elmwood) , 653 f ry and 3242 Main { Street � 22 (Gloria Parks Community � 3 3 r I Sr� Center and ad�oining g lots) i 23 1 248 -256 Gibson � (near Broadway) 1 € 856 Delevan 1 (western. half of � 1 24 parkinc lot between Humbar and j C wyorrrirg) � �� � ! 10 h APP Lots Turf Shrubs & Flowers Hardscape Hardscape Annual Beds (Suznmez) GVznter { ) Total E Esti Unit frost Est � Unit East �siimated i Unit Cost Estimated Unit Yost "Turf+ Shrub 4 me ted Area E Area Hardscape 1354 Jefferson & 283 -289 { Glenwood 25 (Apollo Theatre V- � xo Lot at corner of a Mica & i Welker;) � I f/t/e .-— 2-5 -71'7 i 1 i FROM THE MAYOR - EXECUTIVE DEPARTMENT Oct 13, 2009 FROM CITIZENS SERVICES 0000? COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL DATE: October 5, 2009, FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- September 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of September 2009, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received_ EI' AND FILIED Department Head Name: Oswaldo Mestre Jr. Title: Signature of Department H City of Buffalo Citizen Services 218 City Halt Calls Between 91112009 and 913012009 Administrative Adjudication: 3 Anti- Graffiti Program 16 Assessment Issue 3 .... . .......... BFD Fire Issue _ 6 BMHA .. _._ 8 Board of Education :. 9 BPD Employee Issue 12 Buffalo Police Department 221 Citizens' Information 39 Citizens Participation & Information 1 City Clerk Issue 2 City Parks 29 CityClerk Dog License 12 CommSvs CommunityBased Organizations 1 CommSvs Substance Abuse 1 Customer Satisfaction Survey ... 21 ..., EDPfS 9 43 Graffiti PW Traffic 2 Graffiti EDPIS 2 Graffiti Parks City ... Graff Sch oo ls 1 mp and Benefits 1 Illegal Dumping OSP RealEstate 4 Illegal Dumping PW Curb 3 Illegal Dum in PW Street 9 P g, 5 Inrem Real Estate 67 Law Claims 40 NationalGric! Streetli hts2 .., 9 20 5 Olmsted Parks 5 OSP Business Assistance 2 OSP Other Issue 3 Pest 180 PVB Abandoned Vehicle 20 PVB Parking Issue 92 PW d1 Violations 22 PW Animals 64 PW Buildings Maintenance 2 PW Bulk Trash 49 PW Cave In . �"8 1 o\ � Citizen Services Calls Between R/Y12YJO9and 913012000 .PW Dead Animal Removal 'PW Excess Trash PW Garbage Mi Picku ~-=~ pVV Leaves /Lawn Debris ~^~.~�^`~~'.~``^~.~~` PVV Other Hole in Road PVV Pavement Markings Lane Linea PVV Pavement W4arkingGOther ~~ 118 ZO 1 101 22 2 i7 FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 PASSED October t3,2009 Strat Plan - Approval to Receive Grant Funding for Buffalo Pres Board Gerald A Chwalinski City Clerk 6 1 .z WJ 9 Z lj0 6000 ��pJ3 -11 Cl - _I -- 1 'a 000-03 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 22, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Planning PRIOR COUNCIL REFERENCE: NIA SUBJECT: APPROVAL TO RECEIVE GRANT FUNDING FOR BUFFALO PRESERVATION BOARD TRAINING The City of Buffalo was awarded a grant in the amount of $5,005 from the New York State Office of Parks, Recreation, and Historic Preservation to sponsor a full -day intensive training workshop for members of the Buffalo. Preservation Board and a limited number of members of Preservation Boards and Commissions throughout Western New York. The training is called Commission Assistance Mentoring Program (CAMP) and is presented by the National Alliance for Preservation Commissions, headquartered at the University of Georgia. CAMP will bring some of the nation's best preservation practitioners and educators to Buffalo to guide our Preservation Board on the best practices and methodologies in board procedure and design review. This will be the first time CAMP will be held in New York State. It is scheduled for Friday October 30, 2009 from 8:30am until 4 :30pm at the Emerson Hospitality School. The Department requests your Honorable Body's permission to receive the grant funds and that your Honorable Body authorize the Mayor to enter the agreement with the New York State Office of Parks, Recreation, and Historic Preservation and that your Honorable Body authorize myself and or the Mayor on behalf of the City of Buffalo and or the City of Buffalo's Office of Strategic Planning to enter into contracts, agreements and or other or related appropriate arrangements with the above mentioned grant funding sources and partners in order to receive the grant funding and further in order to implement all the above and related objectives of the Program. In addition, I am requesting your Honorable Body to further authorize myself and or the Mayor and or appropriate staff to take all such steps and actions and to execute and or process such additional documentation and or modifications as shall be necessary to facilitate the grants funding; and that your Honorable Body hereby direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and Program implementation. DEPARTMENT HEAD NAME: SIGNATURE OF DEPARTMENT HEAD: Brian Reilly gommissioner _l Mr. Fontana moved: That the above communication from the Office of Strategic Planning; dated September 22, 2009, be received and filed; and That the Office of Strategic Planning; be, and hereby is authorized to accept the grant funds in the amount of $5,005 and authorized the Mayor to enter into the agreement with the New York State Office of Parks, Recreation, and Historic Preservation for the training called Commission Assistance Mentoring Program. Passed . q III .. ... . . . .. OCT 2 0 7.009 3 `['A(Imv TAwj)Mjnswor&rnivVIe1 0- 13a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ----------- -- [MAJ- 5] 9 0 (2/3 - 6) [3/4- 7) City Clerk's Department 13TJFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED October 13, 2009 Strat Plan - Approval Lease Agmt Btwn COB and -N. Bflo Community Dev Corp - Lafayette Ice Rink (Del) Gerald A Chwalinski City Clerk 61 :z Wd 9 Z ijo b,;0Z Cl - J - I I 00004 # 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 8, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Approve Lease Agreement Between the City of Buffalo and the North Buffalo Community Development Corporation for Operation of the Lafayette Ice Rink Located at 124 Tacoma a.k.a. 160 Tacoma (Delaware District) PRIOR COUNCIL REFERENCE: Item No. 3, C.C.P. 5121104 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to Item No. 3, C.C.P. 5121104, Your Honorable Body authorized a five (5) year lease agreement between the City of Buffalo and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a.k.a. 160 Tacoma). This lease is for the period of May 21 2004 through May 20, 2009. The Office of Strategic Planning, Division of Real Estate, has received a request from Donald Morris, Board President, requesting to renew their lease for an additional one (1) year period. The lease would commence on May 21, 2009 and expire on May 20, 2010. . The North Buffalo Community Development Corporation has applied fora $200,000.00 grant through Senator Thompson's Office for capital improvements. The North Buffalo Community Development Corporation would need to have a written lease renewal in place in order to obtain this grant. Their request to renew this lease was forwarded to the Law Department, Dept. of Public Works, Parks and Streets, Community Services and Audit and Control and there were no objections. All other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The Operator annual rent shall be One Dollar ($1.00). 2. The Operator shall be allowed to provide the activities that it determines appropriate providing that all major tenants currently occupying the rink will be guaranteed the same days and hours of operation. Any changes in the scheduling will be mutually agreed to by the Operator and existing tenants. Any expansion of existing hours of operation will be the responsibility of the Operator including but not limited to employee scheduling. 3. Rental Fees -- The hourly rental fees and public skating fees should be the same as those prescribed in the City's annual budget. Any change and/or increase in fees exceeding ten percent (10 %) shall require approval of the City of Buffalo's Common Council. 4. Utilities --- The City will be responsible for all utility costs for the existing term of this lease. 5. Maintenance — The Operator shall be responsible for all routine maintenance to the facility. All capital improvements including the ice ' surface shall be the responsibility of the City. ri Multiple Wage Communication to the Common Council Page 2 61 October 8, 2009 6. Advertising — The Operator may sell advertising rights to that portion of the rink which it determines appropriate in order to raise revenues and to assist in offsetting the cost of its programs. All advertising revenues shall be the property of the Operator. 7. Insurance — The Operator shall provide insurance as deemed necessary by the City's Corporation Counsel Office. This office recommends that Your Honorable Body renew their lease agreement for a one (1) year period commencing on May 21, 2009 and expiring on May 20, 2010. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:plg CRENEWLASENORTHBUFALOICE RINK John P. Hannon, Jr. Director of Real Estate Office ref Irate is PI g - M A Z A Rsi i i T ip THIS LEASE ente-ted into on this �!�_ day of 1i QIi --J_ 2004, by and between: THE CITY OF BUFFALO, a domestic municipal corporation, having its, \. principal place of business in City Hall, No, 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York, (hereinafter referred to as "City'), Party of the First Part, and NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION, a domestic corporation, having an office located at 203 Sanders Road, in the City of Buffalo, County of Erie and State of New York, (hereinafter referred to as "Operator") Pasty of the Second part. WITNE 5SETHs H • the City and the Operator desire to enter into an agreement to manage the Lafayette- Park Ice Rink, located at 160 Tacoma .Avenue, Buffalo, New York, and "' UM EAS, Per Item No. 3, C.C.P. May 21, 2004, the Common Council of the City of Buffalo approved a Lease Agreement between the City of Buffalo and the North Buffalo Community Development Corporation, for the operation of Lafayette Park Ice Rink. 1 l'Q6',''`,`�. ui consideration Hof the mutual covenants and conditions c6z taiiied herein, it is agreed by and bet*een parties hereto as follows: V . 3'ERM OF LEASE The',original`terrn ofthisLease shall be fox a period of -five. (Pyears _t01 mencing May 21', 2004 and ending on May 20, 2009. 2. " : The Operator shall pay the sun of One dollar and no more ($ 1.00) per . yi:af to. the City as consideration fay' the leasehold. U P_ER 710NS The gyrator shall be allowed to provide the activities 'that it dotainines-appmpriate providing that all major tenahis occupying the rink in the 1993 -1994 season: will be guaranteed the same day8 and hours of operation. Any changes in the scheduling . will bi: mgtually agreed'to by the - Operator and existing tenants. Any .expansion of existing hours of operation shall be the tiesponsibility of" the Operator including but not limited to employee scheduling. 4 ' RENTAL RATES The hourly nental'fees and public skating fees for the 2004-2005 season should be the same as those prescribed in the City's annual budget. Any change andlor increase -in fees exceeding ten percent (10% 10 0 shall require approval. of the City ®f Buffalo's Common Council. 5. AUDI: A separate accounting must be maintained by the Operator and shall be subject to an annual audit to be performed at the discretion of the City's Comptroller. ,This audit shall be made available to -the Common Council and should-be available upon request to any of the building's tenants. The fiscal year shall be from June 1 to May 31. At the end of each fiscal, year, if any funds remain with the Operator from the operation of the rink, these funds shall be returned to the City to offset the City's costs. 6. STAFFING All present City of Buffalo employees assigned to the rink 2 should continue as City em � to Burin regular work hours. Ate em to :hir+ed ta: _- : • x t _Y � 1? • Yom: g g Y P Y� � accommodate the extended schedule should be the responsibility of ft Operatok ' 'he.Operator, also agiees to establish affirmative action goals for both employees and vendgre:.7,' a pity ,reserves the light to alter the schedule of its employees and the number Qfempoyesasslgned-to the rink during regular work hours. 7. UTILITIES The City will be responsible for, all utility coats existing term of this lease. B. Aj& '' AN„ CE: The Operator shall be responsible I for all rou ijp. maintenance to the facility. All capital improvements including the ice surface thi li *";be: responsibility of the City. 9. TAX EXEMPT STATUS: The rink and all of'its property shad remain tax exempt during the :term of this lease. 10. CONCESSIONS The Operator shall have the exclusive right$ to sublease , and/or contract for food, skate rental sharpen or any other concessions within t ho"rink. "The concession rents shall be the property of the Operator. 1 1. PUBLIC SKATING The Operator shad allow public skating at the approved rates for the following minimum schedules: Monday and' Wednesday,: 3 -5 p.m. Friday and Saturday: 7 p.m, Sunday: 2 -4 p.m. Any changes which reduce the amount of time of public skating _must, be approved by the Conunon Council. U INDEMNIFI AND INSI J NCE: The Operator shall defend and indemnify the City of all claims, lawsuits or loss of any kind relating to personal injury or 3 prape�y:darriage resulting from. the operation of tha.rink. The Operator will provide the City with a Dwnir's- Protective Policy acceptable tb.the qt�'s-C4r rxat<ora Counsel protecting the ' y and tl}e" Operator from all claims and lawsuits relating to the operation of the prink The Operator, shall not keep or have on the. premises, or permait,to enter the . premises;.'aay articlO,. substance, or things of a dangerous, ii flanunable, hazardous, or explosive cfiaracier that might, (a) substantially inciease the danger of�fire on the premises, (b) be conssderid dangerous•by a responsifile insuiSnce company, or (c) be considered hazardous under. any environmental Statute, law Or -Mulition CTU1 rous.Materials') unless the prior written consent of the City if obtained and proof-9f adequate insurance protection is provided by the . Operator the City and {d) the Operator shall 8136 comply. with all laws, ordinances, rules, reguigtions and -requirements of any governmental .authority, ineluding•without limitations, any of the faiegoing relating to the use, storage; and handling of any hazardous wastos' and to obtain all necessary approvals. The Operator shall indemnify and hold the City harmless from all costs, losses, and expenses, including, without limitati on,. attorney's fees and expenses, arising from or connected with - any dangerous materials. Phis clause shall survive the termination of this lease.. 13.. A ERTISING: The Operator may sell advertising rights to that portion of the'riiik which it determines appropriate i order to raise revenues. and to assist in offsetting the cost of its programs. All advertising revenues shall be the property of the Operator. 14. ASSIGNMENT: This lease shall run with the land and shall he binding upon the City of Buffalo and successors in inF..rest during the telin, of this lease. 4 .•IN WITNESS WHEREOF, the respective parties hereto have causqd 05"0' ` prosq0ts .ta be signed by their respective officers the flay and year first above written., THE CITY OF BUFFALO. APPROVED AS TO FORM Date uCrM sT ;Za,, 20 • . B Nnthody M. MiWello WCHAEL B.* XISMAN Mayor ; - 'Corporatiod Counsel By: ° NORTH BUFFALO CO1ViNI;JNfZ'X = ! Ilo N. oble ' • DEVELOPMENT CORPOU ni N; : . Assistant Corporation Counsel By: Its President or Executive 60cer STMT Ybjkk.. .c Ss: 9FEIRIE - CUY - Of BUFFALO , :On : this an y r% AO JJAJI A 4­- of Aga& 2004, before me, the - subscriber, - peri6n4lijappeai cd ANTHONY M. 4ASIELLo being byme duly sworn, did depose and s that he re -i 'the City of say: sides P e Bpffalo;:NbwWrk thath* 0 is the Mayor of THE CITY OF BUFFALO, the corporation described in and ivhiph exiecuted the above instrument; that he knows the seal of said City; that .the seal iffi*4 t6:smd instrument is such-corporate seal;, Oat it was Affi ed ursu sso X ant to Item No. 178 of the C6 #on Council Proceedings 0 y 26, 2004, and he sign his name thereto puii.uant c6 said resolution, fly er Notary Public, Erie Comity, NY My Commission expires STATE OF NEW YORK' COUNTY OF ERIE j ss: CI"IlY OF BU#FA On this �� day of K ,2,1 1 , 20D4, before me, the,stafi ribeF ° . . personally appeared' to me known, who being by me duly sworn, did depose and say, that he/she negides.:in the C14 of "J Lh that he! is 1 f of the NORTH BUFFALO COMMUNITY -.. DEVELOPMENT CORPORAT19N, the corporation described in and which executed the above instrument; that the seal affixed to said instrument is such corporate seal; that it- *as.so affixed by order of the Board of Directors of said corporation, and that he/she signed 'his/her name thereto by like order. Commissioner of Deeds, Buffalo, NY My Commission expires Of Notary Public, Erie County, NY' My Commission expires d TAwp6G%MLXMafayette Park ke Rink.L,em AgmmenvAor 7. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 8, 2009, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the North Buffalo Community Development Corporation for the operation of the Lafayette Ice Rink located at 124 Tacoma (a/k /a 150 Tacoma) for the period of May 21, 2409 and expiring on May 20, 2010. All other terms and conditions of said lease agreement shall remain the same including but not limited to the conditions as Iisted above. That the Acting Corporation Counsel be authorized to prepare the necessary documents to renew said Iease and that the Mayor be authorized to execute the same. Passed IS OCT 2 6 2000 11 TAB:mv 7' :l�vl�f Olmsv4'arcllrrc�vlgcl 0-13 a.duc *AYE* NO * [- ------------ [MAJ- 5) [ 2/3 - 6 [3/4- 71 DAVIS FONTANA * * * FRANCZYK * GOLOMBEK KEARNS * * * LOCURTD * * * RIVERA * * * RUSSELL * * * SMITH * * * * * * 9 * U * * * ®LOW; # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 8, 2009 FROM : DEPARTMENT: Strategic Planning DIVISION; Real Estate SUBJECT: Permission to Designate Developer -769 Best Former School No. 59 — Parkview Lofts Fillmore District PRIOR COUNCIL REFERENCE: Ex. (Item No. xxx, C.C.P. xxlxx/xx) The Office of Strategic Planning has received a proposal from Inclusion Development Association, Ms. Rhonda Ricks, President, to acquire former School No. 59 located at 769 Best Street. Inclusion Development Association is proposing to convert former School No. 59 into eighteen apartments and a head start and daycare program. Of the eighteen (18) apartments, ten (10) will be one bedroom apartments comprising of 950 square feet each and eight (8) will be two bedroom apartments comprising of approximately 1200 square feet each. The lowest floor will be used for a combined head start and daycare program. The historic features of the building will be carefully preserved and enhanced. The development will also feature secured parking. Landscaping will mimic that found in the Olmsted Park across the street from the development. Total project costs are estimated at Five Million One Hundred Thirty Thousand One Hundred Nineteen Dollars ($5,130,119.00). They will use private funding and funding from the Division of Housing & Community Revitalization Housing Trust Fund Tax Credits for this project. The former school located at 769 Best has approximately 39,390 sq.ft., four -story brick building, having One Hundred Eight (108) feet of frontage and an irregular depth. The appraised value of the property is One Hundred Fifty Thousand Dollars ($150,000.00). The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate Inclusion Development Association and or a corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of Twelve (12) months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of 769 Best for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning. d. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Designation — 769 Best October 8, 2009 the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. Redeveloper is responsible for performing any soil borings and soil f. investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or. demolition liens or any other liens owned to.the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Inclusion Development Association as the Redeveloper of 769 Best upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 769 Best; and forward to the Common Council for final approval agreements for the transfer of title. DEPARTMENT HEAD NAME R F IF FIR' E�0 TI-IF- COMMITTEE JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE O.F STRATEGIC PLANNING ') SIGNATURE OF DEPARTMENT HEAD: JPH /plg 00006 # 1 (Rev. 1 {93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: September 10, 2009 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Request to Renew and Amend Agreement Between the City of Buffalo and Fruitbelt Homeowners and Tenants Council /Community Action Organization of Erie County, Inc. for use of 326 -328 High Street And use of 330, 332 & 334 High - Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 12, C.C.P. June 12, 2001 Ex. (Item No. xxx, C.C.P. xxlxxlxx) TEXT: (TYPE SINGLE SPACE BELOW) The Division of Real Estate received a letter signed by the President, Veronica Hemphill -- Nichols of the Fruitbelt Homeowners & Tenants Council and the Executive Director, L. Nathan Hare of the Community Action Organization of Erie County, Inc. indicating that they have merged their services. The Community Action Organization of Erie County, Inc. is requesting a lease agreement for the use of 326 -328 High Street (formerly leased to the Fruitbelt Homeowners and Tenants Council, Inc.) in order to continue to provide community services. They are also requesting that 330 High (city owned vacant.lot.24 x 100), 332 High (city owned vacant lot 5 x 125) and 334 High (city owned vacant lot 25 x 115) be included in the proposed lease. The lease shall commence retroactively to May 1, 2007 and terminate on April 30, 2012 and include but not be limited to the following terms and conditions: 1. Annual rental will be One Dollars ($1.00). 2. The Community Action Organization of Erie County, Inc. will be responsible for payment of all utilities, including but not limited to gas, water, sewer charges and electricity. 3. The Community Action Organization of Erie County, Inc. shall pay garbage user fee and the costs of pickup and removal of solid wastes from the premises. 4. The Community Action Organization shall be responsible for all minor repairs, and shall at all times keep the premises in a clean and healthful condition. 5. The Community Action Organization will submit proof of insurance saving the City harmless in amounts to be determined by the City Law Department 6. Either Party may terminate the lease upon forty -five (45) days written notice served personally or by certified mail. This office recommends that Your Honorable Body approve to renew and amend the lease agreement between the City of Buffalo and the Community Action Organization of Erie County, Inc., commencing retroactively on May 1, 2007 and terminating on April 30, 2012 for use of 326 -328, 330, 332 & 334 High. �t% i '' September 10, 2009 Council Communication (826 -328 High) Page 2 I am further recommending that Your Honorable Body authorize the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: JOHN P. HANNON TYPE TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLAN J e SIGNATURE OF DEPARTMENT HEA Camendleasefruitbelttocao REFERRED 0 FINANG . LEASE This Leas: cantered into on this 1 s day of May, 2002, by and between THE CITY OF BUFFALO, .a domestic municipal corporation, having its principal place of business in City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Eric and State of New Fork, ( "City „ ), and FBIIITB LT HOMEOWNERS AND TENANTS COUNCIL, INC., a not -for- profit corporation organized in the State of New Work, with offices located at 326 -328 High Street, in the City of Buffalo, County of Eric and State of Now York, C'FRCJITBELT HOMEOWNERS . ,t 1h` The City is the owner of the property located at 326 =328 High Street, Buffalo, New York. The City and FRUITBELT HOMEOWNERS desire to execute a lease agreement setting forth the terms and obligations of the parties with respect. to the subject premises. The Common Council of the City of Buffalo in its proceedings of April 30, 2002, Item No. 129, approved the execution of this lease agreement for a five (S) year term. NO'W ,1HER,EFORE, in consideration of mutual promises herein, the parties agree as follows: I. The City demises and leases to the FRUITBELT HOMEOWNERS the premises located at 326 --328 High Street, in the City of Buffalo, County of Erie, State of New York, briefly described as follows:. A vacant former funeral parlor building located at 326 -325 High Street, in the City of Buffalo, New York and assessed as 326 - 238 -330 High St"Get 11ox -f,- side comer cif peac:li �St `ee y lot size: NE corner of Peach Street and High Street runs E 75% N at an angle of 103 degrees; 115' N; runs W 73.95' S 99 degrees at 120' closing at an angle of 77 degree , 2. The term of this Lease shall be five (5) years, commencing retroactively on May 1, 2002 and terminating on April 30, 2007. I The FRUITBELT HOMEOWNERS shall pay the annual rent of One dollar and no more 4. The FRUITHELT HOMEOWNERS shall be responsible for the payment of all utilities including, but not limited to gas, water, sewer charge and electricity. 5. FRU>ITBELT HOMEOWNERS shall pay the garbage user fee and the costs for the pickup and removal of solid wastes from the premises. G. FRUITBELT HOMEOWNERS shall notify the City in writing, through the Director of Real Estate, of its intention to extend this lease, no later than sixty (f 0) days prior to the expiration of the lease term. 7. The property is let "as is," and FRUITBELT HOMEOWNERS shall have the right, at its own. costs, to remodel or redecorate the same, upon plans submitted to and approved in writing by the City's Department of Public Works. g. All fixtures installed by FRUITRELT HOMEOWNERS in or on the premises shall become part of the real estate and shall reinain and become the property of the City upon the termination of this lease. 9. This lease shall not be extended, modified, or amended unless in writing and duly executed by both parties. -2- 1 d. THE FRUITBEI,T HOMEOWNERS shall have the right and authority to S11l7l ase, L�x?dor'let or �SSI�?Il over the s11�1 �?.�'P..Yri1sG5 (7T �1Tly l7cl:Ct th(':1'C[? I tfs tl�'� �t71:1:sitlol3r, groups or persons with substantially similar purposes for the whole of said term or any part thereof without the written consent of the City, but with prior written notification to the City of Buffalo Division of Real Estate. 11. IE.RUITBELT HOMEOWN)C s shall be responsible for all ininor repairs, and shall at all times keep the premises in a clean and healthful condition. 12. The City and its agents, servants, employees and representatives shall at all times during the term of this lease have the right to enter, visit and inspect the subject property which right is hereby expressly reserved. 13. That either party may terminate the lease upon forty -five days (45) days written notice served personally or by certified mail. 14. That in case the premises herein leased shall be partially damaged by fire, the same shall be repaired as speedily as possible in the discretion of the City. That in case the premises shall be totally destroyed by fire, or so much damaged as to render them untenantable, either party hereto may serve personally, or by registered mail, upon the other party within ten (10) days after such fire, a thirty (3 0) day written notice of the intention of such party to terminate this ease and the terms therein provided for, and at the ead of such. thirty (30) days, the FRUITBELT HOMEMMERS shall pay all rent to date of said fire and surrender to the City the said promises. 15. In the event, of the inspection of the premises, the Director of Buildings determines that the use is detrimental to the users of the building upon thirty (30) days` notice specifying the objectionable conditions, FRUITHELT HOMEOWNERS is to 3- proceed to correct the same within said period and its failure to do so shall constitute , grounds to ie-n tinate the uiwxpired t(;.trn of this 16. Concurrently with the execution of this lease, FRUITBELT HOMEOWNERS shall forward to the Director of Real Estate proof of an insurance policy naming the City as additional insured, with minimal aggregate limits in the amount of One Million Dollars ($1,000,000). In addition, said policy shall be i n the f orma of an Owner's,. Landlord's, Tenants Liability Policy, and shall state that the City shall receive no fewer than thirty (30) days advance notice of termination, cancellation or change in coverage, and that the City shall not waive said thirty (30) days written notice provision. 17. FRUITBELT HOMEOWNERS shall not keep or have on the premises, or permit to enter the premises, any article, substance, or thing of a dangerous, inflammable, hazardous, or explosive character that might, (a) substantially increase the danger of fire on the premises, (b) be considered dangerous by a responsible insurance company, or (c) be considered hazardous under any environmental statue, law, or regulation ( "Dangerous Materials" ..) unless the prior written consent of the City is obtained and proof of adequate insurance protection is provided by FRUITBELT HOMEOWNERS to the City and (d) FRUITBELT HOMEOWNERS shall also comply with all laws, ordinances, rules, regulations and requirements of any governmental authority, including without limitations, any of the foregoing relating to the use, storage, and handling of any hazardous wastes and to obtain all necessary approvals. FRUITBELT HOMEOWNERS shall indemnify and hold the City harmless Ervin all costs, losses, and ex penses, including, without limitation, attorney's fees and expenses, arising from or comiected with any dangerous inaterials. This clause shall survive the termination of this lease. 18. That notwithstanding any provisions contained in this Lease, it is expressly understood and agreed that this Lease and each and every provision thereof skull in all '.; � cc's iii; Fsu.l�ie L to a.riy and all co ditio a, , restric;tio�)s and liniiiatiow; i,ow or 17ere aficl. - imposed by or upon the powers of the City relating to the management, control, use 01. cf lsPositioAn of As plop " - 'I"y or oijh A Vik it . Noanng ber iri cauta1I1+",d slia l bf: 4.onsii uc? d ()r given effect so as to conflict with or contravene the powers, duties and obligations of the City pursuant to law or to. abridge, diminish or otherwise effect the jurisdiction and control vested by law in the City over the said premises. IN WITNESS "WnEREOF, the respective parties hereto have caused these presents to be signed by their respective officers the day and year first above written. THE CITY OF BUFFALO APPROVED AS TO FORM Date: G . 4001 By: Antho y M. MasIello MICHAEL B. R.ISMAN Mayor Cnrpor ou By: _ FRUITBELT HOMEOWNERS AND Ca J. Gentile, Esq TEN TS CO CIL, 1)4C. Assistant Corporation Counsel I s Presi ent _5_ s STATE OF NEW YORK) Co O s +' E 'k��.�.E, ss: On this day of = 2002 , before me, the subserriber, personally appeared ANTHONY M. MASIELLO, to me known, who, being by me duly sworn, slid depose and say: that he resides in the City of Buffalo, New York; that he is the Mayor of THE CITY OF BUFFALO, the corporation described in and which executed the above instrument; that he knows the seal of said City; that the seal affixed to said instrument is such corporate seal; that it was so affixed pursuant Item No. 129 of the Common Council Proceedings of April 30, 2002 and that he signed his name thereto pursuant to said resolution. CorWfessioner of Deeds�uffialo, New York My Commission expires or Notary Public, Erie County, New York. My Commission expires1 a - -- JOANNE CAVA;i @ j+fie %ty PWIt , stets of Nov YO(k Oialbd In Ede GountY MV f.mrIM iC s'Jan. si. 2 STATE O NEI� OF B 11'4 elvllo } 1 On this °' ' day of ��i �3 � 0� , 2002, before ine, the subscriber, personally appeared to me known, who being by me duly sworn, did depose and say: tha(� she resides in the of ,< , tha he is of F'RUITBELT HOMEOWNERS AND TENANTS COUNCIL, INC., the corporation described in and which executed the above instrument; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he /she signed his/her name thereto by like order. Commissioner ofD ds, Buffalo, N.Y. My Commission expires or Notary Public, Erie County, N.Y. My Commission expires —� KAREN Y. WIME8 WIM Public, Stato of Now �Ior16 Qualified In Erie couniti My Commission Expiros Cat -t. 20, 2005 -7 00007 P� # 2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 8, 2009 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Urban Homestead Program - Revised List of Eligible Properties PRIOR COUNCIL REFERENCE: Item No. 119, C.C.P. 7.24/2007 Ex. (Item No. xxx, C.C.P. xx/xx/xx� TEXT: (TYPE SINGLE SPACE BELOW) Pursuant to the Urban Homestead Amendment of the Urban Renewal Plan approved by the City of Buffalo Common Council (Item # 127, CCP May 14, 2005; further amended as Item # 119, CCP July 24, 2007), the Office of Strategic Planning hereby submits a list of properties acquired through In -Rem #42 which are within the approved Urban Renewal Areas (URA) and Comprehensive Code Enforcement Areas (CCE). I am recommending that Your Honorable Body approve the attached list of properties as homestead eligible properties within the URA and CCE areas as part of the overall Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title of the properties to qualified purchasers. RE TYPE DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TYPE TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANINf SIGNATURE OF DEPARTMENT HEAD: JPH:plg f IR 42 CCE 1 URA PROPERTIES - HOMESTEAD ELIGIBLE Rec # IN REM NUMBER STREET Property Class Code IN CCE IN URA IN BOTH 1 42 28 ALWIN 220 x 2 41 194 BABCOCK 210 x 3 41 247 BABCOCK 220 x 4 40 2072 BAILEY 220 x 5 41 2092 BAILEY 210 x 6 42 72 BEST 210 x 7 39 102 BEST 220 x 8 42 208 BEST 220 x 9 39 435 BEST 311 x 10 42 41 CAYUGA 311 x 11 41 294 DELAVAN EAST 220 x 12 42 73 DODGE 220 x 13 42 77 DODGE 220 x 14 41 764 EAGLE EAST 210 x 15 41 55 EATON 220 x 16 39 108 FARMER 330 x 17 41 2115 FILLMORE 422 x 18 39 169 FOX 210 x 19 39 267 FOX 210 x 20 39 344 FOX 210 x 21 42 77 GELSTON 220 x 22 42 188 GLENWOOD 220 x 23 42 77 GRAPE 311 x x x 24 .42 87 _ GRAPE 311. x x __ x 25 42 183 GRAPE 210 x x x 26 39 8 GRIMES 230 x 27 39 54 GRIMES 220 x 28 42 426 HICKORY 220 x x x 29 42 488 HICKORY 220 x x x 30 42 11 HOLLAND 210 x 31 42 49 HOLLAND 210 x 32 40 62 HOUGHTON 220 x x x 33 40 67 HOUGHTON 220 x x x 34 42 364 JOHNSON ST 311 x 35 41 368 JOHNSON ST 311 x 36 42 419 JOHNSON ST 311 x 37 42 427 JOHNSON ST 311 x 38 41 39 439 258 JOHNSON S KEYSTONE 311 x 39 312 x 40 42 198 LAUREL 220 x 41 42 251 LAUREL 220 x 42 42 108 LEMON 311 x x x 43 39 343 LEROY 482 x 44 39 393 LEROY 220 x 45 1 42 144 MASTEN 220 x V'A Page 1 IR 42 CCE I URA PROPERTIES - HOMESTEAD ELIGIBLE Rec # IN REM NUMBER STREET Property Class Code IN CCE IN URA IN BOTH 46 42 393 MASTEN 220 x 47 42 1269 MICHIGAN 220 x 48 42 1370 MICHIGAN 220 x 49 42 293 MORTIMER 220 x 50 42 309 NORTH ST EAST 311 x x x 51 42 505 NORTH ST EAST 311 x 52 42 545 NORTH ST EAST 311 x 53 42 547 NORTH ST EAST 220 x 54 42 551 NORTH ST EAST 311 x 55 42 94 NORTHAMPTON 230 x 56 42 152 NORTHAMPTON 220 x 57 42 275 NORTHAMPTON 210 x 58 42 400 NORTHLAND 220 x 59 40 275 PADEREWSKI 482 x 60 39 291 PADEREWSKI 220 x 61 40 303 PADEREWSKI 230 x 62 42 75 PEACH 220 x x x 63 42 54 PERSHING 210 x 64 42 56 PERSHING 311 x 65 42 277 PURDY 220 x 66 39 17 RICHLAWN 312 x .67 42 304 RILEY 220 x 68 42 312 RILEY 220 x 69 39 31 SATTLER 210 x 70 40 517 SHERMAN 220 x 71 40 921 SMITH 210 x x x 72 39 997 SMITH 210 x x x 73 42 194 SOUTHAMPTON 210 x 74 42 269 SOUTHAMPTON 220 x 75 41 144 STANISLAUS 311 x x x 76 40 181 SUMNER 220 x 77 42 199 SWEET 311 x x x 78 42 200 SWEET 230 x x x 79 42 441 SWEET 220 x x x 80 39 856 SYCAMORE 210 x x x 81 39 894 SYCAMORE 220 x x x 82 40 102 THEODORE 482 x 83 42 25 TIMON 220 x 84 40 701 WALDEN 210 x 85 39 705 WALDEN 220 x 86 39 63 WOOD 312 x Page 2 00008 1 I N AI. LOCATION IMUN ENANCE FOB Title Real Estate Specialist Department/Divisio Office of Strate 'c Plannin Start Date Original PR No. 2007/100 Title Code No. 0630 Salary $5$,069 Budget Function No. 10309001 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 Typ of A ointment: Classification ® Permanent ❑ xempt ❑ Contingent Permanent Competitive I!nL ❑ Provisional Non- Competitive Temporary ❑ Seasonal REF O T 'IIF COMMIT Comments IL SERV Em to ee Information: �. Send original copy signed by Dept, Head to Budget 4, Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audif along with file maintenance form( City Clerk nd Budget Si ature of Appoin t' Authority Date 1 1 , to Si nature of Director of Budget Date Si afore ofAdmi. Diroc r of Civil Service D ate �. Send original copy signed by Dept, Head to Budget 4, Send or e -mail Civil Service a copy When approved copy is returned, send a copy to Audif along with file maintenance form( City Clerk nd Budget FROM THE COMPTROLLER Oct 13, 2009 00009 r TO: THE' COMMON COUNCIL FROM: THE DEPAlt"1'M1.sNT OF AUDIT & CONTROL LATE: SUBJECT October 7, 2009 Council Staff Audit Pursuant to City of Buffalo Charter Section 7 -4, paragraph 5, the Division of Audit performed an audit of the Common Council staff's time and attendance, also known as a payroll audit. We reviewed the Council's central staff and staff assigned to individual Councilmember's offices, including interns. `I'o provide a representative sample, our audit examined the following different pay periods during the fiscal year 2008 -2009: pay period 10/6/08 - 10/19/08; pay period 11/3/08 11/16/08; pay period 1/26/09 -- 2/8/09; and pay period. 3123/09 — 4/5/09. Overall, the audit .found that the Council's central staff maintained a good set of policies and procedures for managing time and attendance. By virtue of the nature of the central staff's work, the office lends itself to tighter controls. Individual member offices have different demands and as such, they have different needs when it comes to monitoring employee activity. It should be noted that though all subject employees are considered exempt, certain employee functions are more akin to standard office work, and they do not operate like management -level employees. While it is not a factor for consideration in this audit, it may be useful to note that the State Comptroller has recently promulgated new regulations regarding; recordkeeping for elected and appointed officials. In order to .maintain Membership in the State retirement system, elected and appointed officials must keep a record of his or her work activities for a period of three consecutive months, if they do not otherwise participate in a standard time and attendance system. That record must be kept for a period often years. The new regulation applies to the new terms of office or appointments beginning after August 12, 2009. Though the Council is not immediately affected by this, the Mayor and his commissioners will be affected at the start of the Mayor's new term in. January 2010. If you Have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERREDTO "HE GOMMITTEE ON F-4MANCE, DI "PA.1 TMI I N I I IEAI-) Andrew A. San litippo Her SIGNATURE: z''€ t- CI'T'Y OF BUFFALO DEPARTMENT OF AUDIT & CONTROL PAYROLL AUDIT OF THE COMMON COUNCIL STAFF ANDREW A. SANFILIPPO COMPTROLLER For the Fiscal Year 2008 - 2009 DARRYL McPIIERSON CITY AUDITOR. OCTOBER 2009 Backy_r©und The City of Buff'alo's legislative branch of government, the Common Council, is made up of nine (9) members who are elected from 9 electoral districts within the City limits. They are elected to four year terms and select a Council President from amongst their membership. For organizational purposes, they also select a President Pro Tempore, a Majority Leader, and when applicable, a Minority Leader. The staff members assigned to each District Council member and the Central Staff, including the Chief of Staff, are appointed by majority vote of the body. The City of Buffalo Common Council has a budgeted staff of 32 employees at a cost of $1,093,022.00 in fiscal year 2008 -2009. This consists of 8 legislative staff employees who report directly to the Chief of Staff, 23 Council legislative employees divided among 9 individual Council members and I I interns. This staffing level is in compliance with the City of Buffalo Charter Section 3 -7 (L) which limits the staffing level to 37. The Chief of Staff is responsible for maintaining payroll and attendance records for the 8 employees assigned to him (hereinafter referred to as "Central Staff "). District Council member employees serve at the pleasure of the District Council members and are monitored by their individual. Council member. For Civil Service purposes, all employees are viewed as unclassified, falling outside of Civil Service designations. They also are not covered by a collective bargaining agreement. Central Staff employees are required to provide written time off requests for vacation and personal leave. Sick time requests may be approved by the Chief of Staff or his designee, verbally when requested telephonically, or in writing if requested in advance. Employees staffing individual Council member offices do not use daily sign in /out sheets or time off slips. All time off is granted at the discretion of the individual Council member. The Department of Audit and Control performed a payroll audit of the Common Council members' legislative staff, Interns, and Central Staff Elmployces. Our audit examined the following different pay periods during the fiscal year 2008 -2009: pay period 10 /6 /08 - 1.0/19/08; pay period 11/3/08 - 11 /I6/08; pay period 1/26/09 -- 2/8/09, and pay period 3/23/09 — 4/5/09. Audit Findings and Recommendations Daily Tracking of Central Staff Employees Central Staff employees sign in /out on a daily basis using timesheets. The timesheets are totaled at the end of the pay period for the number of days worked and days used for vacation, sick and personal leave. These totals are transferred onto summary sheets and certified for accuracy by the Chief of Staff (whose time is certified for accuracy by the Council's Majority Leader). Individual Common Council members certify their respective staffs' summary sheets. Summary sheets are then forwarded to the timekeeper located in the City Clerk's office. The role of the Timekeeper is to data -enter the summary sheet information into the payroll system. Summary sheets are utilized by both the Central Staff and district office employees. We compared Central Staff employee timesheets to summary sheets, check registers and Timekeeper reports for accuracy, noting no exceptions. We found written approval was not required for taking lunch hour at the end of the work shift. Stamped approval was used on some summary sheets without verification. We recommend that members of the Central Staff should be required to submit a written request to move their lunch hour to the end of the day. Summary sheets that are stamped for authorization should be signed or initialed by the individual using the stamp. Central Staff employees are classified as exempt salaried employees under Fair Labor Standards Act guidelines. Exempt employees are expected to be available for work 24 hours a day, 7 days a week, and as such, are not entitled to overtime or compensatory time. We found that some employees were awarded "administrative leave" time. Administrative leave time was.defined to the audit team as excused time away from the workplace, predicated on having worked a comparable number of hours during the pay period outside the normal work day. We recommend that the awarding of administrative leave time to central staff employees be discontinued since these employees have exempt classification. The designation of administrative leave may create a perception that an appointee is "owed" time, which could result in a request for a cash pay -out upon separation. We recommend that a written policy be enacted to allow employees to record work time outside the normal work day, but with the understanding that the accrued time off must be taken within the pay period or else be considered lost. There should be no claim or expectation of accrual of leave time. Time Off for Central Staff Employees Central Staff employees have a written time -off policy. Vacation, personal, or sick time is credited annually at the beginning of the calendar year and is pro -rated in the first year of employment based upon an appointee's starting date. The number of vacation, personal and sick days is awarded based on the number of service years completed. Any vacation and sick time can be accumulated and carried forward to the next year. J Table 1: Allocation of Leave Time for Central Staff Appointees: Category Years of Service Completed � Days Per Year - - -- Vacation Less than 1 year Pro -Rated Vacation 1 -4 years 10 days Vacation 5 -9 years 15 days Personal Less than 1 year m Pro -hated Personal Annually f days Sick Less than 1 year Pro- Rated - Sick Annually 12 days The Chief of Stiff maintains computerized records for staff vacation, personal, and sick time taken and accrued. As noted previously, sick time requests are not always recorded in writing. We recommend a implementing a policy that requires written documentation of telephonically requested sick leave and subsequent acknowledgement thereof by the respective caller upon their return to work. Time off for Council Member Office Staff For the Common Council member's individual staffs, we compared summary sheets to Timekeeper reports to verify proper recording of time worked. We noted that there are no established procedures for time off requests. District office employees record their days worked on summary sheets which are approved by individual Council members and Forwarded to the Timekeeper for entry into the payroll systern. Various summary sheets were approved using a signature stamp without any verification of who entered the approval (i.e_ initials, signature). We recommend the implementation of daily sign in /out sheets and time off approval forms within individual Council offices. Any stanapcd authorizations on summary sheets should be signed or initialed by the individual using the stamp. While it is not being alleged .here, the opportunity 1'or fraud is highly present without controls in place. Otherwise, the only evidence of an employee's presence is a summary sheet that may lack independent verification. This would provide a control for Council nnembers to protect against the existence of "no -show employment ". Interns We found most of the records relating to interns to be complete and accurate, but do note there were some deficiencies. There were instances of the lack of intern signature and supervisory signature on weekly time sheets. There were omissions of work location and contact information, and the potential for erroneous payment of interns for their lunch period. This overpayment may have been the result of paying interns for lunch periods. While most of the above represent isolated incidents, the lunch period issue is problematic. Section 162 (2) of New York Labor Law states: "An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off` within that period for the meal period." Interns are paid only for actual hours worked and in the absence of any verifiable documentation that lunch period was not taken, the issue of possible overpayment arises. The lack of oversight and of a clear policy to be followed in the preparation and processing of timesheets may have increased tlic potential for interns being paid for their lunch periods. We recommend that a single policy be developed for all Council employees, including interns, which would mirror those used by the Council Staff. This would provide. consistency in the timekeeping and recordkeeping functions, and the Chief of Staffs office could provide a valuable reference source for individual Council members and staff, when Questions arise as to proper practices in this area. Timekeeper Reports The 'Timekeeper system tracks employee time and attendance for all City of Buffalo employees, regardless of their Civil Service classification. Vacation and sick time for each employee is accounted for in the payroll system. We found that personal leave time cannot be entered into the MUNIS payroll system as regular time for Central staff and Council employees. We recommend that the Department of Management Information Systems (MIS) and the City Clerk Timekeeper rectify this procedure so that proper time can be entered into the payroll system. Travel Limited travel was taken during the sampling; period of this Audit. In large measure, the documentation and purposes presented to the Division of Audit for travel and meal reimbursement during; this period properly and accurately followed established procedures. We recommend that all travel by Council member staff be pre - approved by the respective District Council member, and that travel by Central Staff be pre - approved by the Council President. Individual Council members do not need the Council President's permission to travel, but their paperwork should be maintained for budget and accountability purposes. A "'Travel Expense Summary" voucher and the "Approval for Travel" form should be submitted to the Division of Audit within five business days of completion of travel. All claims for reimbursement for travel expense should be accompanied by original receipts. We credit the Council for upholding this practice. Conclusion Properly maintained timesheets and leave request forms are essential for effective control, monitoring and processing; of payroll. Establishing policies and procedures for intern timekeeping and all staff leave requests will assist in producing; consistent and accurate payroll records. The elimination of administrative leave in favor of a firm policy to address the flexible work schedule is an example of improving up those controls. `.I'he problems encountered in the timekeeping procedures utilized by some individual Council offices could be eliminated by the adoption of Central Staff procedures. To comply with the City of Buffalo l mployee- Out-of Town Travel policy, travel for Council Staff should be. approved by the Council President, and for budgetary and accountability reasons notification of Council members travel should be filed with the Council President, and original receipts should be forwarded to the Division of Audit. On September 23, 2009, an exit interview was held with the Council President, the President Pro Tem, the Majority Leader and the Chief of Staff. While they did have questions about certain portions of the audit, they felt the audit was fair and would serve to tighten up their own internal controls. They intend to file a separate written response to the audit. FROM THE PRESIDENT OF THE COUNCIL Oct 13, 2009 C00 1, () Market Square at 1021 Broadway, LLC, Common Council President David A Franczyk City Hall Rm 1315 65 Niagara Sq Buffalo NY 14202 Dear Councilman Franczyk, September 28th, 2009 { C? C0 / On Wednesday September 23rd, 20091 attended the hearing of the Postal Regulatory Commission in the .Bronx, N.Y. I have attached a copy of the comments 1 presented. The meeting was extremely enlightening. 1 learned that the vast majority of the proposed post office closings across the country are going to affect the poorest communities. How fair is that? 1 hope you and the other political leaders who represent this community understand the importance of the Post Office to the Broadway - Fillmore community. Closing this branch will be a major setback to the accomplishments made by the people fighting to keep this community alive. Everybody needs to continue to send letters to the Postal Regulatory Commission (PRC) expressing their outrage regarding the possible closing of this branch. We (this community) need to continue our efforts to halt this closing. If they close this Post Office branch at 1035 Broadway, this community will never have one again. The Postal Regulatory Commission needs to know that you want this branch to remain open. Please, send your letter today to: Ruth Y. Goldway Chairman Postal Regulatory Commission 901 New York Ave, NW Suite 200 Washington DC 20268 -0001 Web site: www.prc.gov (AM L[it Thank you ..� � Tom Handley Tom Handley 241 Lombard St Buffalo NY 14212 Ph 716.893.5385 Fx 716.895.5144 E-mail Tom @wnyStorage.com Tom Handley 241 Lombard St Buffalo NY 14212 Ph 716.893.5385 Email: Tom )wn rSt.gragc ..! of �l Fx 716.895.5144 My name is Tom Handley. 1 am the landlord for the Broadway- Fillmore Station which is on the list of possible closures. This station is located at 1035 Broadway, Buffalo, NY. This is the poorest section of the City of Buffalo, with the highest percentage of non - drivers. A trip to the next - nearest post office takes two buses, costs $3.50, and is located in an industrial part of town that does not offer a single other service. Ordering supplies on -line is not an option for most of these residents. This location is in the heart of a business district which exists to serve the needs of the community. It is next door to the historic Broadway Public Market with 40 vendors. This is where the community shops for food. There are 2 banks, 2 drug stores, a laundromat, some clothing stores. It is located on two major bus routes. The post office is an anchor in a community striving to succeed. New Post Office Branch 1035 Broadway People from surrounding areas have been using; this post office for over 80 years. About 8 -112 years ago, the post office selected our site through an RFP process. They were previously housed for more than 70 years in a building showing its age and off the path of the main business area. The choice to relocate in the new building put the post office in the heart of the business district and they won an award in their early years for their increase in sales. Since then, the post office has made some changes which reduced services to their customers. I assume the post office's revenue decreased as a result of these changes. o They have cut their staff in half. o They have cut hours of operation three times. o They are the only branch I know of that closes for lunch. o They have the highest rates for PO boxes anywhere in the city or surrounding affluent suburbs. I invested $435,000.00 to renovate an existing building because I believed the post office would never abandon this neighborhood. The patrons in this neighborhood have also tried to voice their opinions. In only 3 days, we collected over 600 signatures on a petition to save our post office. We set up a meeting with post office officials to discuss the decrease in hours and the possible closing of this branch. Then we posted public notices regarding this meeting. When post office officials found out the number of supporters who would attend and that the local media would be there, they cancelled two hours before the scheduled time because they felt "they were being set up." Old Post Office Branch /4 As the landlord, I have provided a safe, clean and well- maintained facility for 8 -112 years. I have never bens? advised that this branch is on the closings list. I read it in the newspaper. Closing this branch will have an immediate and long-lasting negative effect on this neighborhood. It is located in the heart of a New York State economic development zone. It is my wish and that of the community that your commission dogs uvenything possible to ensure the Broadway- Fillmore Station remains open at 1035 Broadway and returns to normal business hours. Thank you, Tom Handley Over S3,000,000.00 in investments Other Hatable landmarks and made by landlord in the community. businesses in the neighborhood Corpus Handley Industries, Ltd Broadway- Fillrnore Christi Fully leased Land for Branch Building Plaza Future 1035 Broadway Parking lot and Construction Development Buildouts Renovations $1,225,000.00 $112,000.00 $435,000.00 $1.,297,000.00 i Corpus Handley Industries, Ltd Historic Christi National lInternational Broadway Church Mail Order Business Market t \t"�$>. ✓�!;� (.� � �,�� � � �rb1,w a �4 � ; � � "5 � ��� �� .. ks r� �,,,� p ? ' � . � L � , 'x� w - + f• fi:.- „ii� :� ! X ' � >� i �. {[r' _ - ?�� r�` -� y.c'� s�, :. ' �w.. �'" >�'". �^ i., ' d s s� ORS __�S i FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Oct 13, 2009 City Clerk's Department ��UFt�'AIaO October 16, 2009 HON_ BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 11 PASSED October 13, 2009 Change in Contract- Grider St Recont Project (Masten) Gerald A Chwalinski City Clerk C v 0 t I #I (Rev. 1/93) S INGI., E P AGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: September 28, 2009 FROM: D PA10'MENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract Grider Street Reconstruction Project [: Contract #93000047 [: PIN 95756.51 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #39 C.C.P. 07/24/07 Contract Summary: Contract Amount $ 904,706.00 • Amount of change order(# 1) $ 329,000.00 • Amount of th is change order ( 92) J_ ] 4,500.45 Revised Contract .Amount $.[ 24fi�206 45 City share of Change Order (# 1) — 5% or $725.03 r, I hereby submit to your I Ionorable Body the following change for this contract. TVGA Consultants is the Consutlant for the Grider Street Road .Reconstruction Project for the City of .Buffalo. and inspection services needed for the project. This is a federally funded project and the funY n fund the final design This contract provided for the._desipn and inspection of the_ project. This increase is necessary breakdown is $0 Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. This project is completed and this increase will finalize payment due to '( I also respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $14,500.45. Of this amount, 5% or $725.03 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account ##31470006- 445600. P.IM /JDB /dab Cc: Steven J. Stepniak, Commissioner TYP DEPARTM FINT FIF,AD NAM.F "I'YPE TITLE: SIGNATURE OF DI�"PARTMENT MEAD: Peter J. Merlo City Engineer iVlr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2009, be rceelved and filed; and `Ihat the Commissioner of Public `Yorks, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to TVGA Consultants, an increase in the amount of $14,500.45, of this amount, 5% or $725.03 is the City share of the change, as more fully described in the above communication, for work relating; to Grider Street Reconstruction Project, Contract # #43000047, PIN !15756.51. Funds for this project are available in Capital Project Account - #31470006- 445600. Passed OCT 2 6 2009 11 TAB. t wp(AinswordV-rmvllIc10- 13a.doc "1 f7 is *AYE* NO * DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS LOCURTO * * RIVERA RUSSELL * '� * * * SMITH * * * * * [------- - - ---- [MAJ- 5] * 9 * 0 [213 - 6] [314- 7] City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 12 PASSED October 13, 2009 Change in Contract - Master's Edge Inc. Hamlin Pk -Safe Routes to School 2008 Gerald A Chwalinski City Clerk 0? :Z WJ 9Z AO 6001 0001.2 #LI (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: TI IE COMMON COUNCIL DATE: October 7, 2009 FROM: DEPARTMENT - Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE. (IF ANY) [ Change in Contract [: Master's Edge, Inc., Group 8688 [: Hamlin Park — Safe Routes to School - 2008 Contracet #93000212 L� t: c.c.p.419 of 7/8/08 I hereby submit to your Honorable Body the following additions to the contract for the above named .Project. 'Phis change order was recommended and approved by the Buffalo Water Authority to replace and re - align twenty - three (23) Ere hydrants in conjunction with new curb and sidewalk construction at the above project. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500 Miscellaneous Construction lump slam 1 $208,291.00 This unit includes the following: Labor /equipment — 41 nays cr $3,675.00/day for a cost of $152,512.50 Materials - $55 Total Cost $208,291.00 Existing Contract Amount $764,876.20 Increase in Contract c.o. It $209,420.00 Increase in Contract c.o. 42 J 208,291.00 Total Contract to .Date $1,182,587.20 Funds for this work are in the Water Capital Projects Account #153023517- 473020 and. permission is requested to accept a transfer into our Engineering Capital Projects Accounts #300321.06 - 445100 & 1131311106-445 100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Master's Edge, Inc_ PJM:SJS:MJL:Ilf cc: Bill Heinhold TYPE DI I'ARTMEN flFAD NAME: Peter J. Me.rlo, P. F. TYPE TITLE -: City Engineer SIGNATURE OF DEPARTMENT HEAD: 1 : -� t Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2009, be received and tiled; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Master's Edge, Inc., all increase in the amount of $208,291.00, as more fully described in the above communication, for work relating to Hamlin Park, Safe Routes to School - 2008, Contract #93000212. Funds for this project are available in the Water Capital Projects Account 953023517- 473020 and permission is granted to accept a transfer into Engineering Capital Projects Accounts 930032106- 445100 & #31311106-445 100. Passed >3 J OCT 2 C 2009 12 TA13:rmv tAwpGOlmswordl:rm 2c O- 13i.doc �} t 1 i *AYE* NO * [ ------------- ] [MAJ- 5] [2/3 - 6] [314- 7] DAVIS FONTANA * ** FRANCZYK * ** GOLOMBEK * * KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL SMITH * * * * * * * * * # g * p * * * City Clerk's Department BUFFALO October 16, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 13 Change in Contract - Resurfacing of City Pavements 2009 PASSED October 13, 2009 Gerald A Chwalinski City Clerk ? :Z 114d 9z 130 60oi M311 Auil) 0 l l i 0001-3 0 (Rev. 1193) SI NGLE, PA GE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: October 7, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: f Change in Contract Resurfacing of City Pavements -- 2009, G01699 (: Destro & Brothers Concrete Co., Inc. [: Contract 893000467 I hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order is necessary to A:. Mill/Overlay Seneca Street Indian Church. to City line including side street work. $15 /lin.41. Contract Description Unit Estimated Estimated Item $906 Price Quantity Cost 02.402 Milling Existing. Pavement 0"-2" $2.10 /sq.yd 11,500 $24,150 502.403 Milling Existing Pavement side street $2.00 /sq.yd. 1,()00 $2,000 403.1701 Asphalt Concrete —'type 6F Top $63.00 /ton 1325 $83,475 S403.1701 Asphalt Concrete Type 6F Top side street $4,00 /sq.yd. 1000 $4000 12.110 Maintenance & Protection of Traffic lump sum 1 $4,000 6990.400 Mobilization lump sum 1 $4,000 Total "A" $121,625 B. Install ADA detectable warning surface ramps & replace concrete sidewalk. 05.438 Sawing Curb -- ramps $15 /lin.41. 265 $3,975 05.414 Sawing Concrete Sidewalks- approaches $3 /lin.ft. 302 $906 805.205 Concrete Sidewalks ... 5" replacement $6.75 /sq.ft. 6,000 $40,500 805.206 Concrete Sidewalk -- 6" replacement $7.50 /sq.0. 900 $6,750 05.220 Metal Reinforcement $0.60 /sq -11. 900 $540 R07.508R Concrete curb — 6" radius replacement $35 /lin.fl. 130 $4,550 12.110 Maintenance & Protection of Traffic lump suer 1 $500 90.500 Miscellaneous Construction lump sum 1 $20,000 6990.400 Mobilization lump sure 1 $200 8502.501 Sawcutting asphalt pavement $4 /lin.11. 130 $508 24608500 Detectable Warning Surface $50 /sq.fi. 200 $10,000 Total "13" $88,429 Total A & D $210,054 Existing Contract Amount $1,679,232.50 Increase in Contract . 210 054,00 Total Contract to Date $1,889,286.50 I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your honorable Body approve the subject change order and authorise the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc.. Funds for this work are available in Capital Project Account - 930032106- 445100 & t/32311206- 445100. PJM:SJS:MJI:Ilf cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: ` , YPE TITLE: sIC'NATI IRt��, Or D17PARTMf�,N'r Nt�.A Peter J. Merlo, P.E. City Engineer' =i. 1 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $210,054.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements -- 2009, Group ##699. Funds for this project are available in Capital Project Account 1130032106- 445100 & #f32311206- 445100. Passed OCT 2 6 2009 13 TAB:rmv tAwp601mswordl:nnvl 13 e 10- 13a.(Joe 1 *AYE* NO * (-------- - - - - - [MAJ- 51 [2/3 - 6 ] [314- 71 DAVIS FONTANA FRANCZYK GOLOMBEK * * * KEARNS * * * LOCURTO * * RIVERA * * * RUSSELL SMITH * * * * 9 * p * * * City Clerk's Department BUFFALO October 16, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 - of the Charter, I present herewith the attached resolution item. No. 14 PASSED October 13, 2009 Change in Contract - Street Cut Repairs 2009 Gerald A Chwalinski City Clerk OZ .Z WJ 9z 130 OR 0 _� - I IA 0001 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL. DATE: October 7, 2009 ;TOM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering; SUBJECT: E Change in Contract k Street Cut Repairs — 2009, Gr. 11689 [: Destro & Brothers Concrete Co., Inc. Contract H93000239 C� PRIOR COUNCIL REFERENCE: (IF ANY) I hereby submit to your Honorable Body the following; additions to the contract for the above named Project. 'I "his change order is necessary to complete preliminary work prior to constructing new asphalt pavement cr Hillary Park parking lot. Contract Description Unit Estimated Estimated Item Price Quantity Cost A. Undercut soll & spongy material unsuitable to support traffic load and to eliminate a hazardous condition. 1".1.02.1 10 Unclassified excavation $15 /cu.yd. 408 $6,120 1103.210 Subbase Course $30 /cu.yd. 408 $12 240 $18,360 B. Install 15" sewer pipe recommended by the Buffalo Sewer Authority and required by the Permit office to meet City of Buffalo codes for parking; lot construction. 90.500 Miscellaneous Construction lump sum 1 $49,425 Includes the following: 15" Pipe & Select Pill — 475' @ $63/It.'-- $29,925 Connecting Pipe to Sewer - $5,000 Underdrai.n - $4,000 Three (3) receivers - $2,500 /each — $7,500 Removal /resetting of bumper -_. $3,000 Total change order A & B $67,785 Existing Contract Amount $595,925 Increase in Contract 67 785 'Total Contract to Date $663,710 I respectfully certify that this change order is fair and equitable for the work involved, and respcctfiilly request that Your Ionorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc.. Funds for this work. are available in Capital Project Accounts 1130032106-445 100, #32311506- 445100 & 1131310406-445 100. 1 :Ilf cc: Bill Heinhold TYPE DEPARTMENT UEAD Peter J. Merlo, P.E. T YPE TITLE: City Engineer 1 ` SIGN ATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Commissioner of Public marks, Parks and Streets dated October 7, 2009, be received and filed, and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $67,785.00, as more fully described in the above communication, for work relating to Resurfacing of City Pavements — 2009, Group #689. Funds for this project are available in Capital Project Account #300321.06- 445100, #32311506-445100 & #31310406- 445100. Passed APPRO.VEDI OCT 2 6 2009 14 TAB:rmv t:\ vp60\nLiwordl:nnt 1.3a.do e P *AYE* NO * [ ------------- CMAJ- S] [2/3 - 6] [3/4- 7] DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK * * * KEARNS * * * LOCURTO RIVERA * * RUSSELL SMITH * * * * * * * * * * 9 * 0 Q; 6� 0 #4 (Rev 7 -07) 1 �> �� - o'/ , Certificate of Appointment / l In compliance with provisions of Section 24 -2 of the Charter and Chapter 35-1. of the Ordinances of the Ciiy of Buff do, I transmit this certification of appoininreni(s) or ptomotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the liuman ResourceslCivif Service for the Appointment Effective: 8124109 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chief Pumping Plant Engineer Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) PEPNIANEN Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) PROMOTIONAL Minimum, Intermediate', Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting; Salary of $ 44,009 LAST JOB TITLE Sr. 1 Class Stat, Engineer NAME Herbert E. Hogue, Jr. LAST DEPARTMENT Public Works DATE 7/6109 ADDRESS 137 Breckenridge Street LAST SALARY $37,213 CITY & ZIP Buffalo, New York 14213 LAST 4 DIGITS OF SSN. XXX-XX -5678 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003711 TITLE CODE NO 4521 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2009 -002 SALARY RANGE OF POSITION $36,850- $44,009 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employee is entitled to the maximum salary contractually because of the requirment of a special City license to perform this job. Local 17, Article III, (E).. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL +;? (; OTHER C OPIES TO 93- #6- Steven J. Stepniak Commissioner ( CLERK ONIBEFORE APPOINTMENT DATE s • #4- HUMAN SERVICESICIVIL SERVICE #5 BU DGET #7- DIVISION #B- EMPLOYEEfS} FROM THE COMMISSIONER OF FIRE Oct 13, 2009 City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 16 Pennission to Accept IECGP Grant 2009 PASSED October 13, 2009 Gerald A Chwalinski City Clerk I.1 . III j 9 id 00 6000 M ll UJO ©0Q��� / # I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL (' TO: THE COMMON COUNCIL: DATE: September 2 8, 2009 FROM: DEPARTMENT: Buffalo Fire Department DIVISION: Communications Division SUBJECT.[. Permission to Accept IECGP Grant 2009 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) Example Item No. xm C.C.P. xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW? We are asking your Honorable Body for authorization for the Mayor to enter into a grant agreement between the City of Buffalo and the U.S. Department of Homeland Security under the New York State Office of Homeland Security for the period of 06/01/2009 to 05/31/2011. We have been awarded $499,125 under the 2009 Interoperable Emergency Communication Grant Program and the expenditures under this grant will go toward equipment purchases, specifically, radios for the new radio system the Police and Fire Departments are currently building. In addition, we are asking permission, as is standard .practise, for your Honorable Body to authorize the Comptroller to provide for an inter - fund cash loan for all non - personnel expenses until such time that the City is reimbursed by the State under this grant program. We would appreciate your immediate approval due to various grant timetables, among them, presentation to the Control Board, which we cannot do until we have your approval. If you have any questions, please feel free to contact Captain Thomas Coyne of the Communications Department at 851-5333, ext. 259. ML:moe TYPE DEPARTMENT HEAD NAME: Michael Lombardo TYPE TITLE: Commissioner of Fire D: SIGNATURE OF DEPARTMENT HEA �`,,j SMEA9M CM N YS COMPTROLLER'S NUMBER; 0152395 New York State Office of Homeland Security (Contract Number) 1220 Washington Avenue Albany, NY 12242 . ORIGINATING AGENCY COD S: 01077 Q9AN1E&QQNMQT (Name Mink ME, OF PRQ0M(S1 WM2009 lECGP CFDAN 97.001 Buffalo, City of 65 Niagara, Square OH . S NUMBER( WM091523 Room 201 Buffalo, NY 14202 MUCABON NO, 164002533 INMAL Q2NIRACI PERTQD@ MUN IC IPALFTY NO (if applica MO207000 000 FROM. 06MI/ 2009, TO: 05a1/2011 r N uNT FQ&KMaUURIOD' 3 490"129. ELMMAW STATUS: Contm•or Is not a sectarian entity. MULTI-YE:AR RM (if VqlidA10)' . .Contmctor Is not a not-for-pwfit organization FROM TO: APPEND AN12 PW OF IHISAMEMM X APPENDIX A Standard Clauses required by the Attorney General for all State contracts Contractor has has not. timely X APPENDIX A-1 Agicncy-Specific Clauses filed with the Attorney General's Charities Bureau all required periodic Or annual Written X APPENDIX 8 Budget X APPENDIX C Payment and Reporting Schedule If I Exempt' is entered above, reason for exemption. X APPENDIX D Frogr=:Workploin and Special Conditions APPENDIX X Modification of Agreement Form (to accompany modified appendicies for changes In termsor considerations an In 0xinino period or for m-mwrd periods OHS-55 Budget Aniondment/Grarit Extension "u"I Other -- Certific0ion Regarding Debarment, SusPMi6N Ineligibility and VoluritarY ' Exclusion IN WITNESS THEREOF, the panics hereto have executed or approved this AGREEMENT an the dates indicated below. NVS OFFICE OF HOMELAND SECURITY By: Date: K David Sheppard, Acting Assistant Director. ge State Agency Certification: *in addition to the acceptance of this contract. l also certify that original original copies of this signature p a , wl It be attached to all o th% exact copies of this.contract.* E: BY: Date, C� MAUREEN A. OAKLEV 29yron W BMW, Mayo A STATE OF NEW YORK , t"my Rtft ftft of Nw QXMW In Eft 00" Co unt y .of!Lt me to i 6 me w Ao dd — " 151 On this ay of 20!) W i�==.that( onally "me to =e Orantoe described in and depm,and say that (sCresides in 5 the . " R im hereto by I ike and 5 name which executed the foregoing instrument; that ibhs so executed by Me authority of the and that tot, that sivoka order. . .... (No tary) APPROVED: AT SIGNATURE THOMAS P. DrNAPOLI, ST STE COMPTROLLER Title: By Din: Date: ftrk ff j APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. June, 2006 SMOMMAMMrSOMMM �J TABLE OF CONTENTS 1. Executory Clause 2. Non - Assignment Clause 3. Comptroller's Approval 4. Workers' Compensation Benefits 5. Non - Discrimination Requirements 6. Wage and Hours Provisions .7. Nan- Collusive Bidding Certification 8. International Boycott Prohibition . 9. Set -Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Term 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of 1992 21. Reciprocity and Sanctions Provisions 22. Purchases of Apparel June, 2006 C11 The parties to the attached contract, license, lease, amendment or other agreerncrit of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other patty): 1. EXECUTORY CLAUSE In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to . anyone else beyond funds appropriated and available for this contract. 2. LYON - ASSIGNMENT CLAUSE In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent arc null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. LE &S V In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City_University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract . which, as so amended, exceeds said 'statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds S10,000, it shall not be valid, effective or binding upon the State until it has been approval by the State Comptroller and filed in.his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). q, ' COMPENSAVON BENEFITS . In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. LION- D1SCR1MINA1I REOUIB=NTS To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State . of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for 'the performance of work under this contract If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the Page 1 performance of work under this contract. Contractor is subject to fines of SS0.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. W D P V IO S. If this is a public work contract covered by Article 8 of the Labor Law or a building service, contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor pepartment Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the .premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. T, tvnnr.r ><.uSIVX.B11DDING CERTIMMON In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms; under penalty of perjury, that.its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. 8. 2agNATIMAL BOYOU PROHILBITLON, In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC.App.. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the albresaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contracts . execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the state Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9, IMQEF ffigIM The State shall have all of its common law, equitable and statutory rights of set -off. 'These rights shall include; but not be limited to, the state's option to withhold for the purposes of set- off any moneys due to the Contractor under this contract up to any amounts due and owing t th State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, .fee delinquencies or monetary penalties relative thereto. 'I`he State shall exercise its set -off rights in accordance with normal State practices including,, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller, 10. .RECORDS . The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor June, 2006 s1Y11UM IUMM OV3 61INTRAM within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the public Officers Law (the "Statute ") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's.right to discovery in any pending or future litigation. 11. IDENTIFYING INEORMATION AND PRIY NE10"11,0N• (a) FEDERAL EMPLOYER_ IDENTIFICATION NUMBER. and/or FEDERAL; SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New'York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or.numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers, (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Nsclosure of this information by the seller or lessor to the State is mandatory. The .principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax .liabilities and to generally identify persons affected by the taxes. administered by the Corranissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12.' EQ UAL EMIPLOYMENT _OPPORTUIVIT`I11S_ FUR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of 5100,000.00 whereby a contracting agency is committed to. expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon_; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or� other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with'which it has a collective bargaining or other agreement or understanding, to famish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affimtatively cooperate in the implementation ofthe contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in . every subcontract over: $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; 'or (iii) barddng services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Govemor's. Office of Minority and Women's Business Development pertaining hereto. 13. CONFidCEM TERMS In the event of a conflict between the tarns of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW_ This contract shall be governed by the Iaws of the State of New York except where the Federal _supremacy clause requires otherwise. 15. LATE PAYMENT Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. JEMCE OF ESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLIU ), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractors actual receipt of process or upon the State "s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. Page 2 June, 2006 :I Iln pgigldCls �� L I8, TR OPICAL _HAAAWOOD5 The Contractor certifies and warrants that all wood products'to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law § 165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental ' agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any suboontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions. regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive: Underbidder certifications, proof of qualification for exemption will be the responsibility.of the Contractor to meet with the approval of the State. 19. MACBRME FAIR EMl? Q.YMNT PRINCIYI ES In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either. (a) has no business operations in Northern Ireland, or (b) shall take lawful saps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance L.aw), and shall permit independent monitoring of compliance with such principles. 24. OM�NIB(„IS PROCUREMENT ACT Of 1992 It is the policy. of New York State to maximize opportunities for the participation of New York: State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to snake reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the ,lob Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to docuirient these efforts and 'to provide said documentation to the Statc upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. R ECIU[K'tPI"V AND SANCTIONS PRUM1DNS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New 'York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2400 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. fU&4MSES 9—F In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to; child labor laws, wage and hours laws and . workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid . situation, prior to or at the time of signing a contract with the State} if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7"' Floor Albany, New York 12245 Telephone: 518- 292 -5220 Fax: 518-292-5884 http: / /www.empire.state.ny.us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518- 292 -5250 Fax: 518- 292 -5803 http: / /www.emp re.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 trillion: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; Page 3 June, 2006 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 4 June, 2006 Appendix A -1 03/19/2009 APPENDIX A -1 New York State Ofce of Homeland Security AGENCY-SPECIFIC CLAUSES A. GENERAL TERMS AND CONDITIONS. 1. This contract.(Agreement) is hereby made by and between the Office of Homeland Security (OHS), on behalf of the State of New York (State) and the Grantee. 2, Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of this Agreement. 3. This Agreement incorporates the face pages attached, this Appendix and all of the marked Appendices identified on the face page hereof. 4. Funding for the entire Agreement Period shall not exceed the funding amount specified as "Funding Amount for the Initial Period" on the face page hereof. 5. The period of this Agreement shall be as specified on the face page hereof. Should funding become unavailable, this Agreement may be suspended until funding becomes available. In such event OHS shall notify the Grantee immediately of learning of such unavailability of funds, however, any such suspension shall not be deemed to extend the term of this Agreement beyond the end date specified on the face page hereof. 6. To modify the Agreement, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, change in scope, or change in the term, is subject to the approval.of the NYS Office of the State Comptroller. Any other modifications shall be processed in accordance with OHS guidelines as stated in. this Agreement.. 7. , The Grantee must meet the program objectives summarized in the Program Work Plan and Special Conditions. (Appendix D) to the satisfaction of OHS in accordance with provisions of the Agreement, relevant laws, rules and regulations, administrative and fiscal guidelines and, where applicable, operating certificates for facilities or license for an activity or program. 8. If the Grantee enters into subcontracts for the performance of work pursuant to this Agreement, the Grantee shall take full responsibility for the acts and omissions of its sub - grantees. Nothing in the subcontract shall impair the rights of the State under this Agreement. No contractual relationship shall be deemed to exist between the sub - grantee and-neither OHS nor the State of New York. 9. If this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties hereto and approved by both the Offices of the NYS Attorney General and State Comptroller. If this Agreement -is $15,000 or less, it shall not take effect until it is executed by both parties. If this Agreement ranges in dollar amount from $15,000.01 to $50,000, execution is contingent upon the appropriation. If the Agreement utilizes funds appropriated prior to April 1, 2006, it shall not take effect until it is executed by the parties hereto and approved by both the Offices of the NYS Attorney General and State Comptroller. If the Agreement utilizes funds appropriated on or after April 1, 2006, it shall not take effect until it is executed by both parties. -1- A"Mdix A -1 03/1912009 10. The failure of a ,party to enforce a contractual obligation shall not eliminate the other party's obligation to perforr. such contractual obligation. 11. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 12, if applicable, the Grantee agrees to obtain not - for -profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish OHS with this information as soon as it is available. 13. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. 1501 et seq.), as amended. 14. The Grantee shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 889 -aa; State Technology Law Section 208). The Grantee shall be liable for the'costs associated with such breach if caused by the Grantee's negligent or willful acts or omissions, or the negligent or willful actions or omissions of Grantee's agents, officers, employees or sub - grantees. 15. Consistent with the NYS Office of State Comptroller Bulletin No. G -221, all non- governmental (non -profit and commercial) organizations scheduled to receive grant funding from OHS must comply with Vendor Responsibility requirements. W ", B. BUDGET, PAYMENT REIMBURSEMENT AND REPORTING REQUIREMENTS` 1. The Grantee is not permitted to make any changes to the contract budget without the written approval of OHS. Furthermore, any proposed modification to the contract which results in a change of greater than 10 percent to any budget category, must be submitted to NYS Office of State Comptroller for approval. 2. To be eligible for payment, the Grantee shall submit to the OHS' designated payment office. (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to OHS. 3. OHS shall make payments and any reconciliation in accordance with the Payment and Reporting Schedule (Appendix Q. OHS shall pay the Grantee for completed, approved projects, a sum not to exceed the amount noted on the face page hereof. The Grantee must not seekor accept reimbursement from any other sources for Grantee costs and services pursuant to this Agreement. 4. The Grantee shall meet all audit requirements of the federal government and State of New York. 5. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 6. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless written authorization has been received from OHS, shall not exceed rates authorized by the NYS Office Of State Comptroller (Audit and Control). -2- Appendix A -t 03119t2OO9 .: Rates may be viewed online at: bgp://www.osc.state,ny 7. The Grantee's employment of a consultant must be supported by a written agregment executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant; written agreements and documentation justifying the cost and selection of the consultant, and make them available to OHS upon request. The Grantee further. agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. a) Unless a special condition applies to this contract, the rate for consultant services shall be reasonable and consistent with the amount paid for similar services in the marketplace. Time and effort reports are required for consultants. b) A Grantee that is a local government must contract for consultants in accordance with General Municipal. Law Article 5 -A and any other applicable regulations. c) In addition to the above requirements, a Grantee must adhere to the following guidelines at a minimum when obtaining consultant services. i. Consultant services that cost up to $15,000 may be obtained by proving reasonableness of price. One method of proving reasonableness of price is to obtain three quotations from responsible vendors, on the vendor's letterhead. A description of the selection process must be maintained, as well as a record ofthe quotations. ii. Consultant services that cost over $15,000 up to $50,0 may be obtained by advertising the opportunity in a reasonable manner and in an appropriate venue for a reasonable period of time. Reasonableness of price must be proven; obtaining three quotations as in (i) above may be used. A record must be maintained of the advertisement, the quotations, and the selection process. iii. Consultant services that cost over $50,000 must use a formal competitive bidding process. Guidance may be obtained from OHS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; establishment of the methodology of evaluating bids before the bids are opened; sealed bids he at one time before a committee who will certify the process; and maintenance of a record of the,. competitive procurement process. d) A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding must obtain the prior written approval of OHS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to. be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Appendix A -1 03/19/1009 f' Homeland Security. A copy of OHS' approval must also be submitted with the voucher for payment. 8. Equipment means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. A Grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above. A copy of the property record(s) or equipment inventory report(s) with relevant purchasing and supporting documentation must be made available to OHS upon request. Property records or equipment inventory reports roust be maintained, by award, that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. The Grantee roust document receipt of all applicable equipment purchased with grant funds. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 9. Upon completion of all contractual requirements by the Grantee, OHS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in connection with a public security program. When disposing of equipment purchased with homeland security grant funding, a State agency must dispose of equipment in accordance with State Laws and procedures. All other Grantees shall dispose of equipment as follows: a) Items of equipment with a current per unit market value of less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. b) items of equipment with a current per unit fair market value of $5,000 or more maybe. retained or sold. If sold, the awarding agency shall have a right to an amount calculated by multiplying the proceeds from the sale by the awarding agency's share of the equipment. If retained, the current market value is to be used in the calculation. To remitpayments, award recipients should contact OHS at 1- 866 - 837 -9133 for guidance. 10. The Grantee further agrees that when practicable, any equipment purchased with grant funding shall be prominently marred as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 11. Written justification and documentation for all procurements must be maintained on file, and made available to OHS upon. request. 'All procurements must be made in a fair and open manner and in accordance with the pre - determined methodology established for evaluating bids (e.g., lowest responsible bidder or best value). a) A Grantee that is a State entity must make all procurements in accordance with State . Finance Law Article 11, and any other applicable regulations. b) A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A, and any other applicable regulations. -4- Appendix A -t 03/19/2009 f c) In addition to the above requirements, a Grantee must also make all procurements as noted below: i. if the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. ii. A Grantee purchasing any single piece of equipment, single service or multiples of each that cost up to $15,000 may do so by proving reasonableness of price. One method ofprovmg reasonableness of price is to obtain three quotations from responsible vendors, on the vendor's letterhead. A description of the selection process must be maintained, as well as a record of the quotations. iii. Goods or services or multiples of each that have an aggregate cost between $15,000 up 'to $50,000 may be obtained by advertising the opportunity in a reasonable manner and in an appropriate venue for a reasonable period of time. Reasonableness of price must be proven; obtaining three quotations as in (ii) above may be used. A record must be maintained of the advertisement, the quotations, and the selection process. iv. A Grantee expending over $50,000 must use a formal competitive bidding process. Guidance may be obtained from OHS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide the goods or services; equal. provision of the information to all interested parties; reasonable deadlines; establishment of the methodology for evaluating bids before. the. bids are opened. sealed bids opened at one time before a committee who will certify the process; and maintenance of a record of the competitive procurement process. . v. A Grantee who proposes to purebase from a particular vendor without competitive bidding must obtain thb prior written approval of OHS. The request for - approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis, upon which the price was determined to be reasonable. Further,. such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the-U.S. Department of Homeland Security.. A copy of OHS' approval must also be submitted with the voucher for payment. 12. The Grantee shall submit detailed itemization forms or a form deemed acceptable to OHS for personal service, fringe benefit and non - personal service expenditures with any voucher and fiscal cost report requesting reimbursement. Grant- related expenditures shall be reported on Fiscal Cost Reports approved by OHS. These reports must be prepared periodically and as defined in Appendix C of this Agreement; All reported. expenditures must reconcile to the program accounting records and the approved budget. Prior period adjustments shall be reported in the same accounting period that the correction is made. 13. The Grantee must submit program progress reports and final reports as specified in Appendix C. -5- Appendix A -i 03/19/2409 14. Where advance payments are approved, by OHS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent.with Appendix B. The advanced funds must be placed in an interest - bearing accourt are, subject to the rules outlined in 44 CFR Part 13, (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) and 2 CFR 215 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations), which require Grantees to promptly remit back to the federal government, through New York State Office of Homeland Security, any interest earned on these advanced funds. The Grantee may keep interest earned up to $100 per federal fiscal year if a local unit of government and $250 per federal fiscal year if a not - for -profit for administrative expenses. This maximum limit is not per award; it is inclusive of all interest earned as the result of all federal grant program funds received per year. Interest must be reported on Fiscal Cost Reports and remitted to OHS quarterly. C. ACCOUNTING FOR GRANT EXPENDITURES 1. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross - referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). 2: Grantee.agrees that it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles forNot -for- Profit Organizations. 3. This Agreement may be subject to fiscal audits by OHS, NYS Office of State Comptroller, pertinent federal agencies, and other designated enti ties to ascertain financial compliance with federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescdW by applicable federal; State, and OHS guidelines. 4. None of the goals, objectives or tasks, as set forth in Appendix D, shall be sub- awarded to another organization without specific prior written approval by OHS. Where the intention to make sub - awards is clearly indicated in the application, OHS approval is deemed given, if these activities are funded as proposed. 5. If this Agreement makes provisions for the Grantee to sub -grant funds to other recipients, the Grantee agrees that all sub - grantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any sub - grantee as if it were its own. -6- Appendix A -1 03/19/2009 6. The Grantee agrees that all sub - grantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following info M- ation • Activities to be performed; • Time schedule; • Project policies; • Other policies and procedures to be followed; • Dollar limitation of the Agreement; • Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; • Applicable federal and/or State cost principles to be used in determining allowable costs; and • Property Records or Equipment Inventory Reports. 7. The Grantee will not be reimbursed for sub - granted funds unless all expenditures by a sub- grantee are listed on detailed itemization forms or a form deemed acceptable to OHS. Backup documentation for such expenditures must be made available to OHS upon request. All expenditures must be programmatically consistent with the goals and objectives of this Agreement and with the Budget set forth in Appendix B. D. PROPERTY 1. Any equipment, furniture or supplies or other property purchased pursuant to this Agreement is deemed to be the property of the State, except as may Otherwise be governed by federal or State laws, rules or regulations or stated in this Agreement. 2. Upon completion of all contractual requirements by the Grantee under this Agreement, OHS shall accept a request for continued use and possession of the equipment purchased with grant funds providing the equipment continues to be used in accordance with the contracted activities and guidelines in this Agreement. 3, The Grantee must conduct a physical inventory of property records at least once every two years to verify the existence, current utilization and continued need for the property. In the event the property is no longer required by the Grantee, this fact should be reported to OHS as soon as possible and appropriate guidelines followed, as specified in this Appendix. 4. If Grantee disposes of any equipment purchased under this Agreement during the active lifespan of said equipment, Grantee must reinvest any proceeds from the disposal into additional equipment items to continue Grantee's organization's activities subject to the guidelines of this Agreement. If the Grantee does not reinvest proceeds to continue activities subject to this Agreement, the percentage of the proceeds equal to the proportion of the original purchase price paid by funds for the contract must be repaid to the State of New York. E. FEDERAL REQuIttEm E NTS 1. A list of regulations commonly applicable to United States Department of Homeland Security (DHS) grants are listed below, including the guidance: -7- Appendix A -1 03/19/2009 (11 a) Administrative Requirements: L 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Institutions of .Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110) b) Cost Principles: 1. 2 CFR Part 225, State and Local Governments (OMB Circular A -87) 2. 2 CFR Part 220, Educational Institutions (OMB Circular A -21) 3. 2 CFR Part. 230, Non -Profit Organizations (OMB Circular A -122) 4, Federal Acquisition Regulation Sub -part 31.2, Contracts with Commercial Organizations c) Audit Requirements: 1. OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations 2. The Grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. The Grantee shall further comply with all applicable laws, regulations and Program guidance. It is incumbent upon the Grantee to become familiar with and comply with all terms and conditions associated with acceptance of funds. 4. The Grantee must ensure full compliance with all cost documentation requirements including specific personal. service documentation, as applicable directly to the Grantee, sub - recipient or collaborative agency /organization. The Grantee must maintain specific documentation as support for project related personal service expenditures as this contract is supported by federal funds. Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi- annual (or more frequent) personal service certifications and/or an after- the -fact personnel activity ' reporting system (or equivalent) which complies with all applicable laws, regulations and program guidance. Failure to do so may result in disallowance of costs. 5. In accordance with federal requirements, a.Grantee that receives during its fiscal year $500,000 or more of federal fiends from all sources, including this. Agreement, must agree to have an independent audit of such federal ' funds conducted in accordance with the federal Office of Management and Budget (OMB) Circular A -133. OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. fi.. The Grantee must provide one copy of such audit report to OHS within nine months of the end of its fiscal year. 7. Program income earned by the Grantee during the grant funding Period must be reported in writing to OHS, in addition to any other statutory reporting requirements. Program income -8- Appendix A -1 03/19/2009 consists of income earned by the grant recipient that is directly generated by a supported activity or earned as a result of the grant program. Program income includes, but is not limited to, income from fees for services performed, the use of rental �or real or personal property acquired under federally- funded projects, the sale of commodities or items fabricated under an award, license fees and royalties on patents and copyrights and interest on loans made with federal award funds. For example, if the purpose of a grant is to conduct conferences, any training fees that are generated would be considered program income. Interest earned on grant funds is not considered program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to OHS.. Program income (not to include interest earned), generated by the use of these grant fuds will be used to enhance the grant project. 8. Any creative or literary work developed or commissioned by the Grantee with grant support provided by OHS shall become the property of OHS, entitling OHS to assert a copyright therein, unless the parties have expressly agreed otherwise in a written instrument signed by them. a) If OHS shares its right to copyright such work with the Grantee,. OHS reserves a royalty free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub - grant, or contract under a grant or sub - grant; and (b) any rights of copyright to which a Grantee, sub - grantee, or a contractor purchases ownership with grant support b) If the grant support provided by OHS is federally - sponsored, the federal awarding agency also reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub -grant or contract under a grant or sub - grant; and (b) any rights of copyright to which a Grantee, sub - grantee, or a contractor purchases ownership with such grant support. c) The Grantee shall submit one copy of all reports and publications resulting from this Agreement to OHS. Any document generated pursuant to this grant must contain the following language: 'This project was supported by a grant administered by the New York State Office of Homeland Security and the U.S. Department of Homeland Security. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the New York State Office. of Homeland Security or the U.S. Department of Homeland Security." F. SAFEGUARDS FOR SERVICES AND CON FIDENTIALITY 1. Services performed pursuant to this Agreement must be secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. 2. Funds provided pursuant to this Agreement shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. -9- Apptndix.A -1 03/19r2009 l 3. Information relating to individuals who may receive services pursuant to this Agreement shall be maintained and used only for the purposes intended under the Agreement and in conformity with applicable provisions of federal and State lays and regulations, or as specified in this Agreement. G. AMENDMENT, SUSPENSION, TERMINATION OF AGREEMENT 1. The Grantee agrees that if the project is not operational within 60 days of the execution date of the Agreement, it will report by letter to OHS the steps taken to initiate the project, the reasons for delay, and the starting date. If the project is not operational within 90 days of the execution date of the Agreement, the Grantee will submit a second statement to OHS explaining the delay. OHS may either cancel the project and redistribute the funds or extend the implementation date of the project beyond the 90 -day period when warranted by extenuating circumstances. 2. OHS will,be allowed to extend, increase, amend, decrease or terminate this Agreement, upon appropriate approval of the NYS Offices of Attorney General and/or State Comptroller, as follows. a) Upon approval by the NYS Office of State Comptroller, the term of this Agreement. may, be extended in conjunction with the extension of the federal grant award from which this Agreement is funded, not to exceed a terra of five years from the initial start date. b) Upon approval by the NYS Office of State Comptroller, the amount of this Agreement may be increased provided the funds. are used in accordance with the guidelines associated with-this Agreement grant application kit, as outlined in Appendix D, and the scope of work has not substantially changed. c) This Agreement maybe terminated at. anytime upon mutual written consent of OHS and.the Grantee. d) OHS may decrease the level of funding or terminate the Agreement immediately, upon written notice of termination to the Grantee, if the Grantee fails to comply with the terms and conditions of this Agreement and/or with any laws, rules, regulations, policies or procedures affecting this Agreement. e) This Agreement maybe terminated for convenience upon thirty (30) days' notice to the Grantee. 3. OHS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and OHS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or federal laws or regulatory provisions or, if in OHS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. i. OHS shall provide the Grantee with written notice of noncompliance. ii. Upon the Grantee's failure to correct or comply with the written notice by OHS, OHS reserves the right to terminate this Agreement, recoup funds and to Appendix A -1 03/19/2009 recover any assets purchased with the proceeds of this Agreement.' iii. OHS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with these terms. 4. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. 5. Upon receipt of the notice of termination, the Grantee agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees to not incur any new obligations after receipt of the notice without prior written approval by OHS. 6. OHS shall be responsible for payment on claims pursuant to costs incurred pursuant to terms of the AGREEMENT. In no event shall OHS be liable.for expenses and obligations arising from the program {s} in Agreement after the termination date. H. AVAILABILITY OF FUNDS ' 1. If for any reason the State of New York or'the federal government terminates its appropriation through OHS or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of OHS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds, are available to OHS for payment of such costs. Upon termination or reduction of this Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to OHS. In any event, no liability shall be incurred by OHS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to OHS because of disallowed expenditures after audit shall be its responsibility. 2. Unless otherwise specified, in accordance with the State Finance Law, the availability of federal and State funds budgeted as local assistance shall cease on September 15`� of the year following the fiscal year in which the funds were appropriated, unless such funds are re- appropriated in the State Budget by the New Yoik State Legislature. When local assistance funds are not re- appropriated, vouchers must be received by OHS by August 1 st of the year following the fiscal year in which the funds were appropriated to .ensure reimbursement. 1. RETENTION OF RECORDs 1. Original records must be retained for six years following the submission ofthe final claim against this Agreement or the end of the Agreement Period, if later. In cases where litigation, a claim, or an audit is ongoing, the records must be retained until formal completion of the action and resolution of issues or the end of the six year Period, whichever is later. In the event of an audit, the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. OHS requires that all documentation materials be organized, readily accessible, and cross- referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, property records or equipment inventory records, etc., are to be Dept in a fiscal office -t1- Appendix A -1 03/19/2009 which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. J. INDEMNIFICATION 1. The Grantee shall be solely responsible and answerable in damages for any and.all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Grantee or its sub- grantees pursuant to this Agreement. The Grantee shall indemnify and hold harmless the State of New York and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this Agreement. 2. The Grantee is an independent contractor and may neither hold itself out nor claim to be an. officer, employee or subdivision of the State nor make any claim, demand or application to, or for, any right based upon any different status. J 12 Buffalo, City of FY09 IECGP 0152395 ICOS- 1017 -E00 ; 5 ; .. - Appendix B - Project Budget Contract Period:6 /1/2009 - 5/31/2011 iES i1 f N O N1' AM x MATCH MOL Buffalo. City of Equipment Mobile radios 499,125..00 166,375.00 4991 5.00 Grant Total: 499,125.00. 1.66,375.00 08/11/08 APPENDIX C PAYMENT AND REPORTING. SCHEDULE For All Grantees: The Grantee agrees that this is a reimbursement -based contract; an advance may be- provided as specified in Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed by the Grantee. Items or services not received are not eligible for reimbursement. Reimbursement requests need to include the following documents: • Signed Voucher and Fiscal Cost Report • Detailed Itemization Forms or 'other forms deemed acceptable by OHS of any budgeted category for which reimbursement is requested • Written documentation of all required OHS approvals, as appropriate. 2. Grantees most submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Final vouchers, reimbursement requests and reports -must be submitted within 30 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. The Grantee must also refund. all unexpended advances and any interest earned on the advanced funds. Property Records or Equipment Inventory Reports as defined in Appendix A -1, must be available at the conclusion of the grant contract period and submitted to OHS upon request. .............................. ................:...... . 3. If at the end of this contract there remain any monies (advanced or interest earned on the advanced funds) associated with this contract in the possession of the Grantee, the Grantee shall submit a check or money order for that amount payable to the order of the New York State Office of Homeland Security. Remit the check along with the final fiscal cost report within 30 days of termination..of this grant contract to: NYS Office of. Homeland Security Federal Fiscal Unit — 7 th Floor State Campus' Building 7A 1220 Washington Avenue Albany, NY 12242 4. Vouchers shall be submitted in a format acceptable to OHS and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that payments requested are for project expenditures made'in accordance with the items as contained in the Project Budget (Appendix B) and during the contract period. Such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. 08/1 1/08 .t 5. Fiscal cost reports must be' submitted showing grant expenditures. They must also show the amount of interest earned to date on any advanced funds• All submitted vouchers will reflect the Grantee's actual. expenditures and will be accompanied by supporting detailed itemization forms or a form deemed acceptable to OHS for personal service, fringe benefit and non - personal service expenditures or other documentation as required, and by a fiscal cost report for the reporting period. 'in the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, OHS, in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget. reallocation. OHS reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement.. 6. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Contract Unit of OHS. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining .eligibility for interest payments. The Grantee must notify the Federal Fiscal Unit in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment: The New York State Office .of the State Comptroller offers an electronic payment option for Grantees which allows for more convenient and efficient payments. Grantees may visit the OSC website www.osc.state.n .us) to learn more about Electronic Payments and obtain an authorization form, program guidelines and frequently asked questions. _ 7: Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted .to: NYS Office of Homeland Security Attention: Contracts Unit State Office Building Campus Bldg, 7A 1220 Washington Avenue, Suite 610 Albany, -NY 12242 8. The Grantee will submit program progress reports and one final report to OHS on a prescribed form provided by OHS as well as any additional information or amended data as required. 2 08/11/08 Progress reports will be due within 30 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. Progress reports will be due within 30 days of the last day. of the calendar quarter frorn the start date of the program and .the final report will be due. upon completion of the project or termination of this Agreement. Calendar quarters, for the .purposes of making program progress reports, shall be as follows: The final. report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 91 Buffalo, City of Ct52395 FY091ECGP ICOS- 1017 -EOO Appendix D - Program Workplan and Special Conditions This Program will be implemented by: Buffalo Fire Department Project Goal: To enable the Buffalo Erie Niagara (BEN) Urban Area Security Initiative (UASI) to improve public . safety interoperable communications in support of all- hazards mitigation. Objective # 1 To enhance interoperable communications system. Task # 1 Procure and deploy, two hundred and twenty (220) mobile radios to the Buffalo Police and Fire Department, Performance Measure #4 Identify equipment ordered and received. Provide brief narrative on the status of installation and training of personnel and how the project enhances interoperable communications capabilities in the region. .Equipment accountability records are properly maintained. !I _., ntffalo, City of V 152395 FY09 IECGP ICOS- 1017 -E00 Appendix D - Program Workplan and Special Conditions Funds must be used in accordance with the guidelines set forth in the FY 2009 Interoperable Emergency Communications Grant Program (IECGP) application kit. All planning, training and CBRNE exercises and/or equipment purchased. with FY 2009 IECGP funds must support the prevention, response and/or recovery goals set forth in New York State's Homeland Security Strategy represented by the list of priorities included in the grant applications and approved investment justifications. Documents Re uired to be Kept on File Recipient. shall keep an agenda and meeting minutes on file for all meetings conducted regarding IECGP funded activities. Any documents produced as a result of these meetings such as plans, schedules, or procedures, will also be kept on file and be made available to the NYS Office of Homeland Security (OHS) upon request. Equipment Purchases Equipment purchased with grant funds must fail within the allowable equipment categories for the FY 2009 IECGP as listed on the web -based Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB) (http is the responsibility of. the grantee to request a determination of eligibility from the U.S. Department of Homeland Security (DHS), through the NYS Office of Homeland Security (OHS), for any item in question. Unless otherwise stated in the program guidance, equipment must meet all mandatory regulatory and/or DHS- adopted <standards.to be eligible for purchase using FY 2009 IECGP funds: The New York State Communication Interoperability Plan (SCIP), as well as DHS Grant Guidance for grant funding, requires that all Interoperable. communications equipment must be on the Authorized Equipment List (AEL) and that the use of APCO P -25 compliant equipment is a recommended technology to achieve emergency interoperable communications. Trainini & Exercise Related Activities Any nori -DHS approved training courses to be supported by this award must be submitted to DHS, through the NYS Office of Homeland Security (OHS), for certification. Any exercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program ( HSEEP). An After- Action Report/Improvement Plan (AAR/IP) will be prepared and submitted to OHS following every exercise, regardless of type .or scope. AAR/IPs must. conform to the HSEEP format and must be submitted within 60 days of completion of the exercise. Law Enforcement Re wire ents Law enforcement agencies that receive grant funding from OHS must agree. to participate in the New York State Intelligence Center (NYSIC) or the New York/New Jersey Regional Intelligence Center (NY/NJ RIC), as appropriate and set forth below: 1) The agency shall, after required Terrorist Screening Center notification, immediately notify the NYSIC at the conclusion of any positive Violent Gang and Terrorist File (VGTOF) watchlist encounter. 2) The agency shall participate in the NY51C Field Intelligence Officer (FIO) Program and designate a primary . and secondary FIO, EHP Re uirements Recipient shall comply with all applicable Federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding: Recipient shall not undertake any project having the to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and .notify FEMA and the appropriate State Historic Preservation Office. Mr. Montana moved: That the above communication from the Commissioner of Fire dated September 28, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a grant agreement between the City and the IJ.S. Department of homeland Security under the New York State Office of Homeland Security for the period of 0/1/2009 to 5/31/2011 in the amount of $499,125 under the 2009 Interoperable Emergency Communication Grant Program. That the Comptroller be, and he hereby is authorized to provide an inter -fund cash loan for all non - personnel expenses until such time that the City if reimbursed by the State under this grant program. Passed. OCT 2 6 2009 16 TAB:rmv tANvp60\m I 6c 10- 13 a Am [3/4- 7 *AYE* NO DAVIS * FONTANA FRANCZYK GOLOMEEK * * KEARNS * * LOCURTO * * * RIVERA * * * RUSSELL SMITH * �` * * * * * * [_--- .---- ...__] [MAJ- 51 * 9 * 0 [2/3 - 6] [3/4- 7 FROM THE CORPORATION COUNSEL Oct 13, 2009 City Clerk's Department BUFFALO October 16, 2009 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED October 13, 2009 City Acquisition of Easement and Occupancy Rights for BSA New Hamburg .Drain Screening Facility Project Gerald A Chwalinski City Clerk 000,7 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: October 6, 2009 FROM: DEPARTMENT: LAW SUBJECT: City Acquisition of Easement and Occupancy Rights From the New York State Thruway Authority and the People of the State of New York acting by and through the New York State Thruway Authority for the Buffalo Sewer Authority New Hamburg Drain Screening Facility Project (the "BSA Project ") in Area Bounded by Michigan Avenue, Scott, Washington and Exchange Streets PRIOR COUNCIL REFERENCE: (Item 82, CCP 6109109) The Common Council under Item No. 82, C.C.P., June 9, 2009 preliminarily approved City's acquisition of easement and occupancy rights for the new BSA Project. The BSA Act requires that title to property used by the BSA must be in the name of the City. In addition, the New York State Public Authorities Accountability Act allows for negotiation of real estate interests by the New York State Thruway Authority with municipalities, such as the City. Since June of 2009, the particulars of the City's and BSA's roles in the easement and occupancy rights for the Project to be granted by the People of the State of New York acting by and through the New York State Thruway Authority (the "State ") and the New York State Thruway Authority (the "Authority ") have been further delineated and are ready for actual implementation and BSA Project start up. The rights and obligations being taken on by the City in the City's formal role in accepting the easement and occupancy rights required in order for the BSA Project to proceed necessitate further formal action by the Common Council and are in the stature of City's indemnification and release of State and the Authority regarding the easement and occupancy property, a covenant not to sue the State and the Authority, responsibility for certain environmental matters, maintenance and repairs as well as other general development related obligations such as City responsibility for certain closing costs, permit procurement, taxes and other fees and closing costs, compliance with laws, utilities connections and costs and related matters as to accessing the easement site through an occupancy application and execution of transactional related closing documentation to implement the easement and occupancy rights for the BSA Project. The BSA is planning to enter into an agreement with the City under which BSA will agree to undertake and be responsible for the obligations being taken on by the City under the documents creating the easement and occupancy rights being obtained by the City for implementation of BSA's Project. The location of the BSA Project on the State and Authority owned land has been determined to be the best location for the BSA Project function - screening "floatable materials" out of the sewer material now out - flowing from the Hamburg Drain into the Erie Canal terminus adjacent to the Buffalo Naval and Servicemen's Park. It is further noted that the Federal Governtent and the State Government through their respective pertinent authorities are requiring the implementation of the BSA Project. It is estimated that the total cost for the BSA Project is approximately $18,000,000 and will be covered in the amount of up to approximately $9,000,000 in Federal Stimulus Funds and that the balance of the BSA Project cost is expected to be coveted by the New York State Environmental Facilities Corporation Funds, with the proceeds repayable by BSA general revenues. i The law Department is requesting that Your Honorable Body Authorize the Mayor to execute an Agreement For Grant of Easement with the State, the Authority and the BSA (the "Agreement ") in substantially the same form and substance as is attached to this Communication, with only such clarifications and modifications as are recommended and negotiated by the Law Department in conjunction with finalizing the final form of Agreement with the State, the Authority and the BSA. The Law Department is further requesting that your Honorable Body authorize the Mayor and/or other pertinent City personnel to enter into such other and related agreements and appropriate arrangements and to take all such steps and actions as shall be necessary and /or as are described in the Agreement as shall be necessary to facilitate the acquisition by the City of the easement and occupancy rights fi the State and the Authority and to facilitate the BSA Project and BSA's agreement with the City as described above. Department Head Name: Title: SIGNATURE OF DEPARTMENT HEAD David Rodriguez Acting Corporation Counsel I"w'! I of IV NEW AU 110RI Y AGREEMENT FOR GRANT OF EASEMENT (This is a contract. T may wish to considt with are attorney before si, -Ilhl ) This Agreement, made this (jay of' 2009 by and between the NEW YORK STATE THRLRvf\ AUTHORITY (hcreirlafte:r r(, to as the "Authority "), a public corporatiol) organized and existing pursuant to Title 9, Article 2 of the New York Public Authorities La% as aunended, whose principal office (hereinafter referred to as the "Administrative Headquarters') is located at 200 Southern Boulevard in the City and County of Albany, State of New York (nailing address: P.Q. Box 189 a Albany, New York 12201 - 0189); Tt-It PEOPLE Or' THT STATE oi= Ni- YoRtz ACIING BY AND THROUGH THE AUTHORITY (hereinafter referred to as the "State "); the BUFFALO SEWER AUTHotufy (hereinafter referred to as the "BSA "), a public - benefit corporation organized and existing pursuant to Article 5, Title 8 of the New York Public Authorities Law, as amended, whose principal office is located at 65 Niagara Square in the City of Buffalo, County of Eric, State of New York (mailing address: 1038 City Hall, 65 Niagara Square a Buffalo, New York 14202- 3378); and the CITY or BvrF.tz.o (hereinafter referred to as the "City ") a municipal corporation incorporated and existing pursuant to Chapter 179 of the New York Session maws of 1832, as amended, whose principal office is located at 65 Niagara Square in the City of Buffalo, County of Eric, State of New York (mailing address: City Hall, 65 Niagara Square a Buffalo, New York 14202-3 - )78)_ WITNESSET -I WHEREAS, BSA seeks to acquire from the State a non - exclusive, permanent e^asemcnt (hereinafter refc:Te d to as the "Easement ") in and to real property designated as Parcel 1144 on Exhibit I (hereinafter referred to as the "Easement Area ") and described in Exhibit 11, which are attached hereto as made a Dart hereof; and WHEREAS, the Easeiiient Area is owned by the Stage: and under the Jurisdiction of the Authority and WHEREAS, the purposes of the Easerneut (hereinafter referred to as the "Easement Purposes ") are set forth in Exhibit 1; and WHEREAS, pursuant to § 1178, subdivision 7 of the New York .Public Authorities Law, BSA is authorized to acquire, in the naive of the City, the Easement by purchase; and WHEREAS, the hoard constituting BSA, pursuant to _ authorized its general inanager to execute this Agreement on behalf of BSA; and WHEREAS, the corru council of the City, pursuant to authorized the mayor of Buffalo to execute this Agreement oil behalf of the City; and WHEREAS, the board constituting the Authority pursuant to resolution no. 5741 adopted at meeting no. 672 held on March 18, 2009, authorized the executive director: of the Authority to execute this Agreement on behalf of the Authority and of the State. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants contained herein, the receipt and sufficiency of which the parties acknowledge, the Authority, the State, the City, and BSA hereby agree as follows: EASEMENT CON VEV NCE /seen nkNCR AND 2VrTEND.: -NN'I' RESPONSIBILITY AND LIABILITY. Subject to the Pate 2 oC P terns and conditions set fbr in this Agreement, the State agrees to convey the) ascmcnt to the City for the benefit of BSA and the City agrees to accept the Easement therefrom for the; benefit of BSA. The City understands and a2yees that the Easement•is for the belie fit of BSA but that, nonetheless, the City shall accept and assume all responsibility and liability of every kind and nature �vhatsocver. Lvithout qualifrcation,.relative to the exercising of the Easement, either directly or indirectly by BSA, or any of the City Parties as defined below. 2. CONSIDERATION. (a) BSA agr to pay the surn of FORTY - THREE - — 11OUsAND, ONE- HUNDRED AND 001100 DOLLARS ($43,100.00), as the full amount of consideration (hercinaher referred to as the "Consideration ") for the Easement. (b) The sun of Tl 0- `tt10USANV, 0NL -1- NDRCD, FW TY HVE AND 00/100 DOLLARS ($2,1 55.00) was received by the Authority from BSA on April 21, 2009 as a portion of an earnest -money deposit (hereinafter refereed to as the "Deposit ") with the understanding that it would be applied as a credit toward the Consideration, or, in addition to the monies described in Paragraphs 2(c) arid, if applicable, 5(a), serve as liquidated damages in the event of a default. (c) The sunn Of TWO ONE I Il 'Y FIVE AND 00/100 DOLLARS ($2,155.00), in the form of a check made payable to the New York State Thruway Authority, is hereby accepted by the Authority from BSA simultaneously with the execution of this Agreement by BSA as the balance of the Deposit, with the understanding that it will be applied as a credit toward the Consideration, or, in addition to the movies described in Paragraphs 2(b) and, if applicable, 5(a), serve as liquidated damages in the event of a default. (d) The balance of rItI12 "r4r- t:IC�IIf TIIOUSANtJ, SEVEN -- HUNDRED, NINETY AND 00 /I00 DOLLARS ($33,790.00), in the 1bmi of a bank or certified check made payable to the Neri York State Thi -va Aulhorfty, shall be paid by BSA to the Authority at the time of the transfer of title (hereinafter referred to as the "Closing ") 3. INSTRUMENT OF CONVEYANCE, The instrument to be used to convey the Easement shall be a grant of easement (hereinafter referred to as the "Grant "). The description of the Easement Area and the Easement Purposes that will be contained in the Grant shall be consistent with Exhibits I and 11_ The Grant shall be prepared by the .Attorney General, must be approved by the Attorney General as to fornx and manner of execution, and shall contain the provisions set forth in the second sentence of Paragraph I and in Paragraphs 7 through 21 hereof Such provisions shall: (a) survive delivery of the Grant; (b) be included in the Grant; and (c) run with the land and bind the successors heirs and assi &ms of the City. 4. CLOSING. (a) The Closing shall take place within sixty (60) days of the "Execution Date" defined in Paragraph 32 below (hereinafter referred to as the "Closing Date "). The Closing shall take place at Administrative Headquarters, unless the Authority and the City mutually agree upon an alternate location or procedure far• the Closi TIME SHALL BE OF THE ESSENCE as to the performance by the City of each and all of its obligations under this Agreement. Closing; under this Agreement is expressly not contingent upon any fact or circumstance not expressly stated herein. (b) If the City shall wrongfully fail to close on the Closing Date, the Authority and the State shall have, at their option, the right to: (1) bring an action for specific enforcement or other equitable relief, in which case the City shall be liable for all costs incurred by the Authority and the State incidental to such action; or (ii) consider the Agreement breached and retain the Deposit as liquidated damages, in which case the Authority and/or the State shall not have any further rights hereunder against the City, and the City shall not have any further rights hereunder against the Authority and/or the State. 1 1 <F s. 3 of 19 S. E.XT ENDFD CLOSING. (a) The Authority may, at its discretion, defer the Closing to another date (hereinafter referred to as the "Extended Closing Date ") without requiring approval by the City_ Upon request by the City, the Authority may, at its discretion, grant an Extended Closing Date. If granted, the Authority shall require; from the City interest oil the monies described in Paragraph 2 (d) at a rate of eight percent (8 %) per annum from the Closing Date through the Extended Closing Date and /or an additional deposit. (b) If an Extended Closing Date is invoked by the Authority, or granted to the City, whichever is applicable, and the City defaults or wrongfully fails to take title on such Extended Closing Date, the Authority and the State shall have, at their option., the right to: (i) bring an action for specific enforcement or other equitable relief, in which case the City shall be liable for all costs incurred by the Authority and the State incidental to such action; or (ii) consider the Agreement breached and retain as liquidated damages the Deposit and any additional deposit and /or interest paid to procure the Extended Closing Date, in which case the Authority and /or the State shall not have any further rights hereunder against the City, and the City shall not have any further rights hereunder against the Authority and /or the State. G. AS -I5 TRANSACTION. (a) The State shall convey the Easement, "AS -IS" as to its title and as to the physical condition of the Easement Area, including, but not limited to, the physical condition of any attendant stl UCtures located in, on, or under the Easement Area, and including, but not limited to, the environmental condition of the Easement Area, as of the Closing Date or Extended Closing Date, whichever is applicable. Without limiting the foregoing, the City expressly understands and agrees that the Easement is to be conveyed subject to a permanent easement reserved to New York Central Railroad Company and New York State Realty and Terminal Company in Map No. 1003R-1 as referenced in Exhibit I. (b) It is expressly agreed that the Authority and the State /Hake no representations or warranties that the Easement Area complies with federal, state or local government laws or regulations applicable to such real property, or as to its present or prior use. (c) The City understands that, as an AS -IS transaction, the Easement, and/or the basement Area encumbered thereby, maybe burdened by the following, the existence of any of which shall not be just cause for failing to complete this transaction: (i) Covenants, conditions, easements, restrictions, reservations, and /or agreements; (ii) Any state of facts that an inspection and /or an accurate survey of the Easement Area may show and /or disclose; (iii) Laws and governmental regulations that affect the use and occupancy of the Easement Area; (iv)The rights of tenants and persons in possession, if any; (v) Any and all cncroaclunents; (vi)Utility- company rights and easements to maintain poles, wires, lines, cables, conduits, pipes, boxes, and other fixtures and facilities in, over, under, and /or upon the Easement Area, 7. PROHIBITION ON AnvI;iisF, EFFECTS To EASEMENT AREA. The City agrees, and shall obtain the identical agreement in writing fi - orn BSA, that, in exercising any rights it may have under the Easement, it shall not, in any way or at any time, impair, impede, or disrupt Thruway -- related maintenance or operations. Page: a of t 9 S. THE CRY'S LIABILITY. The City shall be responsible for any and all costs, expemes, liabilities, actions, forfeitures, Judgments, fines, penalties, awards, claims, suits, or proceedings of whatever kind or nature, related directly or indirectly, to: (a) mechanics' or nraterialmen's liens or claims for payment in connection with any work to be performed or materials to be supplied by, or for the benefit of, the City or the BSA, all of which must be discharged or bonded off by the City within thirty (30) days; (b) personal injury, death and /or damage to personal property or to the Easement Area occasioned directly or indirectly by any act or orission by the City, the BSA or their respective officers, directors, agents, contractors, subcontractors, subtenants, assigns, employees, invitees and licensees (hereinafter referred to, collectively, as the "City Parties" or, individually, as a "City Party "); and/or (c) the use or occupancy of, or operation within, the Easement Area or any Dart thereof by the City, the BSA or any of the City Parties and /or any breach, violation, or non - performance of any covenant, condition, or agreement in this Agreement on the part of the City to be hilfilled. The definition of the City Parties shall not be construed to alter the requirements of Paragraph 13 of this Agrecinent. 9. INDEMNIFICATION OF THE AU NORM AND 'I HE STATE. (a) Notwithstanding any other provision of law, the City hereby indemnifies, and agrees to protect, Fold harmless, and defend the Authority, the State, and their respective officers, directors, board members, agents, employees, successors, and assigns, from and against any and all liabilities, penalties, tines, forfeitures, demands, losses, claims, shits, causes of action, judgments (and the costs and expenses incidental thereto, including; costs of defense, settlement, attonicys' fees, consultant fees and expert fees) and any and all darnages, costs, and expenses of any nature whatsoever (hereinafter referred to as the "Claims ") that are directly or indirectly caused by, that arise out of, or that are in any way related to: (i) the use, occupancy or operation of the Easement Area, or any Dart thereof, by the City, the BSA or any of the City Parties; and/or the exercise of the Easement; (ii) the act, omission or negligence of the City, the BSA or any of the City Parties; and /or (iii)any breach, violation or non - performance of any covenant, condition or agreement in the .Easement; and /or (iv) any other occurrence or 617C€ MStance arising on or about the Easement Area, including, but not limited to, snow, ice, any materials or debris that may tall ti the highway viaduct above and/or adjacent to the Easement Area. (b) The City agrees that such indemnity shall survive the termination or release of the Easement._ iti. RELEASE AND COVENANT NOT TO SUP. (a) The City hereby releases and covenants, for itself, its board members, directors, agents, officers, and employees, and shall require the BSA and the City Parties that have written agreements with, or licenses /permits from., the City (hereinafter referred to as the "City Party Agreements") to release and covenant in such City Tarty Agreements as follows: (i) that the Authority and the Statc are and shall be released from any and all claims for: (a) any daanage to, or loss of, real property, including, but not limited to fixtures, or personal property, belonging to the City, the BSA or to the City Parties or any other persons in or about the Easement i>tir s of 19 1 5 't ArC (b) personal injUry to or death of, persons in or about the f:ascrncnt Area; and (c) any damage or loss suffered by the business or enterprise of the City, the .BSA or any of the City Parties, all frorn any cause whatsoever, whether said damage, loss, injury or death results from conditions arising upon the Easement Area or from other sources; and (ii) that no claim shall be made against the Authority or the State: by the City, the BSA or by any of the City Parties, for any injury, including death, loss or datnge to any person or any real property, including, but not limited to fixtures, or personal property of the City, the BSA or any of the City Parties in or about the Easement Area or in connection with the City's use, occupancy, and /or operation of the Easement Area or that of the BSA or any of the City Parties. (b) Neither the State nor the Authority shall be liable for injury to, or death of any person occurring in, 011, or about the Easement Area or in any way relating to the use and occupancy of the Easement Area by the City, the BSA., or by the City Parties, or for any damage to, or loss of, real property, including, but not limited to fixtures, or personal property in, on or about the Easement Area belonging to the City, the BSA, or any of the City Parties, or in any way relating to the use and occupancy of the Easement Area by the City, the BSA, or by the City Parties or for any damage or loss suffered by the business or enterprise of the City, the BSA, or that of any of the City Parties from any cause whatsoever, whether said damage, loss, injury or death results from conditions arising upon the Easen - icnt Area or from Other sources. Without limiting the foregoing, the Authority and the State shall not be liable in any manner to the City, the BSA, the City Parties or any other person in, on or about the Easement Area, for any personal injury or death of any person in, on or about the Easement Area, or in any way relating to the use and occupancy of the Easement Area by the City, the BSA or by the City Parties or far damage of real property, including, but not limited to, fixtures or personal property of the City, the BSA, or any of the City Parties in or about the Easement Area caused by the criminal or intentional misconduct, or any act or negligence: of the City, the BSA, or any of the City Parties or any other third party or caused by an accident or fire. Except as may be limited by law, in no event shalt Authority or the State be liable to the City the BSA, or any of the City Parties, or any other persons in or about the Easement Area, for any consequential, incidental or special damages or lost profits sustained, or alleged to have been sustained by any of them., and the City hereby waives any right to same and covenants to require such a waiver frorn the BSA and in the City Party Agreements. (c) The City agrees that such release and covenant not to sue shall survive the termination or release of the Easement. 11. SCOPE OF INDEMNIFICATION; HOLD HMMILEss AGM EMENI; COVENANTS BY THE CITY, Tlil; BSA, AND Tim. CITY PARTIES; AND DISCLAIMERS BY TIIE AUTHORITY (a) 'rhe indemnification of the Authority, its board members, officers, directors, agents, employees, successors and assigns (the "Authority Indernnitees "), the agz to hold harmless the Authority Indemnitees, the releases and covenants with regard to the Authority Indernni tees, and the disclaiancrs by the Authority, contained in Paragraphs 9 and 10 hereof shall apply to the fullest extent: permitted by law. (b) The Indemnification of the State, its hoard rnenabers, officers, directors, agents, employees, successors and assigns (the "State Indemnitees "), the agreement to hold harmless the State Indennnitees and the releases and covenants with regard to the State Indernnitees and the disclaimers by the State contained in Paragraphs 9 and 10 hereof shalt apply to the fullest extent perrrritted by law;. (c) Nothing contained in paragraphs I I(a) and II(b) shall in any way be deemed to be an admissioa of liability or a waiver of sovereign immunity by the Authority or the State of New York. Pave 6 oP I S} art 12. ENVIRONtiIENTALPROVISIONS. (a) General The City, at its sale expense, shall, with respect to the Easement Area strictly comply or cause strict compliance with all applicable Environmental Laws. As used herein, the term "Environmental Law" shall mean each and every federal, state, county and municipal statute ordinance, rule, regulation, order, code, directive and requirement applicable to Hazardous Materials, as defined in Paragraph 12(b) hereof, drinking water, groundwater, wetlands, landfills, open dumps, storage tanks, underground storage tanks, solid waste, waste water, storm water runoff, waste emissions or wells, including, without limiting the generality of the foregoing, the following statutes and regulations, orders, decrees, permits, licenses and deed restrictions now or hereafter promulgated thereunder, and amendments and successors to such statutes, and regulations as may be enacted and promulgated from time to time; the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq_); the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et se;q.); the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et sect.); the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Clean Air Act (42 U,S.C. § 7401 et seq.); the Toxic Substances Control Act (15 U_S.C. § 2601 et seq.); the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. § 11001 et seq.); the Occupational Safety and Health Act (29 U.S.C. § 651 ct seq.); the Uranium Mill Tailings Radiation Control Act (42 U.S.C. § 7901 et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et sect.): the National Environmental Policy Act (42 U.S.C. § 4321 ct seq.); the Coastal Zone Management Act (16 U.S.0 § 1451 et seq.); the Endangered Species Act (16 U.S.C. § 1531); the New York State Environmental Conservation Law and the New York State Navigation Law; and any common law theory based on nuisance, trespass, negligence, strict liability, aiding and abetting or other tortious conduct). (b) Prohibiting on Jja7ardous Uaterials. The City shall not, and Shall not permit the BSA or any City Party or any other persons in or about the Easement Area, to generate, store, handle, treat, dispose of, or Release, as defined below; or discharge any "Hazardous Material" upon the Easement Area; except as allowed by applicable laws. The City shall, upon written request from the Authority, and shall require in writing that the BSA or any City Party also, upon written request from the Authority, provide proper documentation that the City, the BSA, or any City Party is in compliance with all applicable Environmental Laws for activities being conducted on or about the Easement Area. As used herein, the term "Hazardous Material" shall include, but not be limited to, any and all substances (whether solid, liquid or gas) defined, listed or otherwise classified as pollutants, Iazardous Wastes, hazardous substances, hazardous rtiaterials, or word of similar meaning or regulatory effect under any Environmental Law, or that may have a negative Impact on human health or the environment, including, but not limited to, petroleum and petroleum products, asbestos and asbestos - containing materials, polychlorinated biphcoyls, Iead, radon, radioactive materials, soil vapor irll.rusion, flatxrmables and explosives. As used herein, Hazardous Wastes shall be defined as those wastes identified in Part 371 of Title 6 of the New York Codes, Rules and Regulations (NYCRR)_ As used herein, the terra "Release" shall include, without limitations, any spilling leaking, pumping, pouring, emitting, emptying, discharging, injecting, storing, escaping, ]caching, dumping, discarding, burying, abandoning or disposing; into the environment. (c) Environmental Conditions. The City shall not cause or permit the occurrence of any Environmental Condition on or at the Easement Area. As used herein, the term " Environmental Condition" shall mean any condition with respect to the Easement Area (including any conditions contained therein or derived therefrom, of any kind or nature, including without limitation, structural, architectural, engineering and environmental conditions), soil, surface waters, groundwaters, land, strearn sediments, surface or subsurface condition and ambient air (including, but not limited to, Hazardous Materials on or about the Easement Area) whether or not yet discovered, that violates, or requires any act pursuant to, any Environmental Laws. Pa -V 7 of J g (d) Representation and Marr Regarding RRawardous Pfcaerials. The City represents and warrants that the City does not intend and will not use any Hazardous Material, as defined in Paragraph 12 (b) hereof, except as expressly provided therein, on or within the Easement Area and that it will obtain such representation and warranty in writing from the BSA. The City must receive the written approval of the Authority prior to using, or allowing the BSA or any City Party to irse, any such Hazardous Nlatei�al on or within the Easement Area_ (e) Notification ofEnvironnzental Conditions. (i) In the event of any Environmental Condition (including without limitation, the presence or Release of any Hazardous Material), the City must iinmediately notify the Authority in writing and by phone. The City shah. require the BSA to notify it immediately of arty Environmental Condition. (ii) If the Frivirori ental Condition appears to be the result of conduct of the City, the BSA or any of the City Parties, including, but riot limited to, any Release of Hazardous Materials resulting from the use, operation, and/or maintenance of the Easement Area, the City shall promptly reniediate such Environmental Condition to the satisfaction of the Authority. In the event the City does not with reasonable promptness remediate such Environmental Condition, the Authority may, at its option, elect to remediate sane and recover all direct and indirect costs incurred for such remediation from the City. (iii)In the event that the City encounters any Environmental Condition in connection with the Easement Area not introduced directly or indirectly by the City, the BSA or by any of the City Parties, the City shall be responsible and Held liable for any investigation, reizroval, or remedial activities or measures necessitated by the increase in areal extent or severity of the Environmental Condition which was caused, either in whole or in part, by the City's actions or activities or that of the BSA or any of the City Parties. If the City does not with reasonable promptness perform such investigation removal or remedial activities or measures, the Authority may, at its option, elect to do so and recover all direct and indirect costs incuz for saiue from the City. (iv) In the event that the City or the BSA is given Notice of any violation of any Environmental Law, the City shall immediately notify the Authority in writing and by Rhone and commence rcinedial actions as set forth herein. As used herein, "Notice" sha.11 mean any communication, written or oral, actual or threatened, from any governmental authority or any other public or private entity or individual, concerning any violation of any Environincntal Law, or any act or omission resulting or which may result in the Release of hazardous Materials into the waters or on the lands of the State of New York, including, but not limited to, the Easement Area. (f) E1?vir- 017r77e77ta1 Review. The Authority reserves the right to be "lead agency" for any compliance with the New York State Environmental Quality Rcview Act (SEQRA) aridfor the National Environmental Policy Act (NEPA.), as may be required for this transaction or any activity undertaken by the City on the Easer;ient Area. Where the Authority exercises this right, the City shall pieparc to the Authority's satisfaction, and at the City's sole expense:, all the materials necessary for the Authority to snake a detemiination as to environniental significance as required by SI QRA anchor NEPA. Such materials include, but are not limited to, cnviromnental assessments, environiriental declarations, environinLntal statements, ecological studies and engineering; investigations. 13. AssJ_ GNMENT. € ZIC:c I of 1 1 ) (a) The City shall not assign, mortgage, sublease, subcontract or otherwise, directly or indirectly, transtcr, alienate, or encumber all or any part of the Easement or the Easement Area without the Authority's prior written consent. (b) Any attempted assignment, mortgage, subleasing subcontractim or other transfer or cncurnbrance without such consent shall be null and void and shall, at the Authority's option, constitute a breach of this Easement without any need for notice thereof to the City. (c) Any consent by the Authority, or any waiver under this paragraph shall not constitute a consent to, or waiver of any right, remedy or power of the Authority upon any subsequent requests or any violations of the Easement, 14. RESERVATION OF RIGI4T TO ENCUNMEWUSIc. The Authority reserves the right to encumber the Easement Area with structures and improvements related to the maintenance and /or operation of the Thruway; to utilize the Easement Area for Thruway- related purposes; and to allow third parties to similarly encumbcr and use the Easement Area so long as such encumbrances and utilization do not materially Impair the City's ability to this exercise the Easement for the purposes described herein. 15. Rr , -VERSION. If the Easement is abandoned or ceases to be exercised for the purposes described herein or is used for purposes other than those described herein, the Easement shall terminate and title to the Easement shall revert to the State under the jurisdiction of the Authority free and clear of any and all liens, mortgages or encumbrances and without any affirmative action by the State or the Authority and the City shall restore the Easement Area to the condition that existed prior to its use and occupancy of the Easement Area. 16. AUTHORITY'S RIGHT TO PRIOR APPROVAL OI SITE AND CONs , rizucrION PLANS. Before any initial construction or subsequent n.rodif'ying construction of site and/or building improvements within the Easement Area shall commence, the City shall submit to the Authority, for its review and approval, detailed plans and specifications and materials and methods of construction prepared by a duly qualified registered architect or engineer licensed in the State of New York, signed and sealed, with a level of detail acceptable to the Authority. No such construction shall commence unless and until the Authority's approval has been obtained, and the Authority has issued appropriate work permits therefore. Approval by the.Authwity of such plans and specifications and materials and methods of construction shall not constitute an assumption by the Authority of' any liability for the design, engineering, or structural integrity of the improvements to be made within the Easernent Area. 17. MAIN'I ENAINCL AND RLPAIRS; DANTAGE 'ro EASE ADEN "r ARFA (a) General. The City at its sole cost and expense, shall take good care of the Easernent Area and make all repairs necessary to keep the Easement Area, including, but not limited to, all irnprovcmGnts, building equipment, and the City's and BSA's property thereon, in good order, condition, and repair. The City shall obtain the Authority's consent before performing any repairs or making improvements within. the Easement Area. The Authority shall have no maintenance, repair, construction or re- construction or ally obligations with respect to the Easement Area beyond that deemed necessary by the Authority, its successors arrd assigns, for the purposes of the Authority, its successors and assigns.. Notwithstanding the foregoing, the Authority reserves the right to €Hake any repairs it deems necessary and recover the costs incurred from the City, (b) Aufointenance and Repair Obligations. The City shall exercise due diligence in maintaining the Easement Area, including performing routine repairs and rnaintenance, and shall bear all costs associated therewith. The City shall regularly clear snow, ice, waste and debris fio €n the Easement Area. (c) Security. The City shall maintain the security of the Easement Area and provide the Authority with access at all times. To this end, City shall provide the Authority with copies of all keys and security codes. (d) Damage to E asertzent Ar ca. In the event of any damage to or destruction of the Easement Area or any improvements thereon from any causes whatsoever, the City shall immediately notify the Authority by telephone and promptly thereafter give written notice thereof to the Authority. The City shall promptly restore and repair the Easement Area as nearly as possible to its condition irnrnediately prior to such damage or destruction unless the Authority and the City mutually agree in writing that such repair- and restoration is not feasible, or unless the Authority for any other reason advises the City in writing that such repair or restoration is not required or desired. 18. PI?. ovirrs. The City shall procure at its sole expense all licenses, certificates, permits and other authorizations from all governmental authorities having; jurisdiction over the operations at the Easement Area that may be necessary for the corrduct of such operations. 19. TAXES AND OTTIER FEES. The City shall tinaely pay all taxes, fees, and charges of any kind that may be assessed, levied, exacted, or unposed oft the Easement Area, the City's, the BSA's, or any City Party's property, operations or occupancy or any property whatsoever that may be received at the Easement Area or on the gross revenues or income therefrom and shall make all applications, reports and returns required in connection therewith. 20. COIYIPLIANCE wITII LAws. The City shall promptly observe, comply with, and execute the provisions of any 1 and all present and future governmental laws, rules and regulations, orders, and directives that may pertain or apply to the basement Area, the operations of the City, the BSA or any City Party on the Easement Area or either of their occupancy of the Easement Area, and the City shall, subject to the provisions of Paragraph 16 hereof, make any and all improvements, alterations, or repairs of the Easement Area that may be required at any time hereafter by any such present or future law, rule, regulation, requirement, order, or directive. The provisions of this paragraph are not to be construed as a submission by the Authority to the application to itself of such laws, rules and regulations, requirements, orders, and/or directives. 21. UTILrriEs. The City shall be solely responsible for procuring, and for the cost of, all heat, water, electricity and any other utilities consumed at the Easement Area or in connection with its and /or the BSA's use and occupali.cy of the Easement Area, including any costs incurred by the City and /or BSA for connecting to such utilities. 22. ACCESS TO THE EAsEmFNT AREA. The City and the BSA acknowledge that the Easement does not afford access to the Easement Area and that in order to get access to the Easement Area, , pedestrian or vehicular, BSA will need to apply to the Authority for a revocable occupancy permit that is subject to a separate application process. 23. BROKLIZAGE COMMISSIONS. Neither the State nor the Authority shall be liable for payment of any brokerage: cornznrssrons. 24. No ASSIGNMENT OF AGREEMENT. This Agrecrnclit shall not be assigned without the written permission of the State and the Authority. 25. PERMISSION FOR ACCESS /USE: PRIOR TO CLOSING_ The City and BSA may not enter upon, or enter upon and use, the Easement Area prior to the Ctosing without the prior written permission of the Authority. 26. LIABILITY IF UNABLE TO CONVEY TITLE. In the event that the State is unable to convey title to the Purchaser, the State's and the Authority's liability shall be limited to the return of the Deposit and any pa c10of 19 c! additional deposit and/or interest paid iai accordance with the provisions of Paragraph 5(a) hereinabove, and the sale shall be considered cancelled. 27. REC0.1W.NTION oli GtVNT_ The City covenants that within twenty (20) days of thw Closing, it shall record its accepted Grannt in the Erie County Clerk's Office. The City fcrrthCr covenants that it shell forward to the Authority, via certified mail, one (1) copy of the recorded Grant within tin (10) days of its receipt thereof from said Clerk's Of#icc. This covenant shall survive delivery of the Grant. 28. PAYMENT OF FLES, The City shall pay all charges, fees, acrd /or taxes associated with the Closing, including, but not limited to: (a) recording the Grant and obtaining a copies of the same relative to the provisions of Paragraph 9 hcreinabove; (b) filing the Real Estate Transfer Tax Return and Credit Line Mortgage Certificates; and, if required, (c) filing the State Office of Real Property Services Real Property Transfer Reports. 29. V10LA1'10N ol: NFw VoizK STATk 1JINANCE LACE' § §139 -J AND .139 -x. The Authority shall have the right, in its sole discretion, to terminate this Agreement if it finds that: (a) any of the certifications made by the City or the BSA in accordance with the provisions of New York State Finance Law § S I39 -j and 139 -k were intentionally false or intentionally incomplete; and/or (b) the City or the BSA is non- responsible or has failed to disclose accurately vendor -- responsibility information. 30. SELF - CONTAINED AGREEMENT- The terms and conditions of this Agreement shall constitute the entire Agreement made between the parties, and cannot be changed orally. Nothing contained in this Agreement is intended to create any rights in any entity not a party to this Agreement. 31. GRAJNTE11 NAl4 VADDRESS. The following name and address shall appear on the Grant as the Grantee: Name: CITY of BUFFALO Address: CITY I IAr.L, 65 NIAGARA SQUARE • B uF ALO, NEW YORK 14202 -3378 32. TxECUTION DATE. This Agreement shall become binding upon the parties hereto when it has been fully executed by the BSA, the City, the Authority, the State, the Attorney General, and the State Comptroller. The date on which this Agreement has been fully executed by the aforesaid parties is referred to herein as the "Execution Date." 33 PARX LES BOUND By AGREEMENT. This Agreement shall inure to the benefit of, and bind, the distributees, Iegal representatives, and successors of the parties. 34_ SEVERkBILI`rY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected, but shall remain binding and effective as against all parties hereto. IN WITNESS WHEREOF, the parties have execute(] this Ab - (anent the day and year first above written. P�e� 1 I of i9 BUFFALO SEWER AUTHORITY By: DAVID P, C NIERFORD GfN ER2,LMANAGER (signature) CITY OF BUFFALO BY: BYRON W. BRowN MAYOR (signature) FI.IlIIL��L Tr\ i jDL t�7 11= iC,i�IE�N NUIvIBt?R: 22-3136961 'b ", FEDEILAL TA:!C IDFN'f]FIcAI NUMBF -R: 16- 6002533 NEW YORK STATE THRUWAY AUTHORITY FEDERAL TAx 1DEN"]'IFICATION NUMBEtt: 14-6003955 BY: iMICIIAEL R. FLEISCHER EXECUTIVE DIRECTOR (Slgliature) THE PEOPLE OF THE STATE OF NEW YORK. FF -DERAL TAx IDENT[I-1CAr1oN NLMf31 R: 14- 6013200 ACT ING BY" D THROUGI TIIE NI: YOttK S I'll Rut w A UTHORITY BY: MICHAEL R. FLEISC:I[I;IZ EXECUTIVE DIKEC.TOR (signature) I'ase 13 of 19 AP PROVED AS TO FORM AND MANNER OF EXECUTIO ANDREW CUOMO ATTORNEY GENEPUkL By: (name of designee) (signature) A PPROVED (CONTRACT No. 55090 /X] OOXXX) TDOMAS P. DINAPOLi STA'G'E COMPTROLLER By. (narnc of designee) DATE: D,v ' G (signature) Page 13 of 19 STATE OF NFW YORK SS: J COUNTY OF ERIE On the _ day of in the year 2009, belbre mc, tip , undersigrwd, a Notary Public in and for said State, personally appeared D. R CO;vILRI'ORD, personally known to me or proved to ine on the basis of satisfactory evidence to be the individual whose name is subscribed to the foregoing instrument and acknowledged to the that hc. executed the same in his capacity, and that by his signature oar the instrument, the individual, or person upon behalf of which the individual acted, executed €Ire instrument. NOTARY PUt3L1C -° STA rE OFTEXAS STATE OF NEW YORK COUNTY OF ERIE I SS: On the _ day of _ in the year 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared BYRON W. BROWN, personally knor�g) to roe or proved to me on the basis of satisfactory evidence to be the individual whose panic is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC — STATE OFTEXAS STATE OF NEW YORK SS: COUNTY OF ALBANY On the _ day or _ _ in the year 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared MICAM -1, R. FLEISCIIIJZ, personally knov al €o ine or proved to me on the basis of satisfactory evidence to be the individual vdiose name is subscribed to the fore instrument and acknowledged to me that he executed the saris in his capacity as Cbe Executive Director of the New York State - Thruway Authority, and that by his signature on the instrument, the individual, acting for and oil b�:hatf of the New York State - ]`trr uNvayAutlior executed the instruinc lit. NOTARY PUBLIC — STATC OF NEW YORK STATE OF NEW YORK } SS: COUNTY OF ALBANY Ott the _ _ day of _ _ _ _ in the veto' 2 before Ine, tlrc undersigned, a Notary Public in and for said State, personally appearcd t ICIdAEL R. FLEISCHER, personally known to nu or proved to rm on the basis ofsatisfactory evidence to be the individual whose name is subscribed to the foregoing instrument and ackitoNvIcdged to nnc that he executed the same in his capacity as die Executive Director of the New York State Thruway .-Authority, and that by his signature on the instrument, the individual, acting for and on behalf of the New York State Thruway Authority, actiiig for and oil behalf of The People of the State of New York, executed the instrument. NOTARYPUBLIC— STATE OF NEW YORK EXHIBIT I NEW YORK STATE THRUWAY NIAGARA SECTION SUBOOiSI(�LN N -3 MAP No. 1144 —C PARCEL NO, 1144 SHEET 1- OF 31 SHEETS', I FRGPOSE[} , � OCCUPANCY PERIAIT AREA= 0.100±AC. 43`vS�S. 3 Y f- I STd. 3 +0 L G T 3d.1 T' i.�1 2 a STA. 6+56.54 E 2 49 N STA 3#01 .50 I /! 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LALn _ � �•� F - �h'fk�Frf.HLY NIGiYt„Y 11PI:' -L1`_ e l 2W91K.RIZONTAL P2 SET' 7 CDY A LNE GRAPHIC SCALE - so o z; ao c ] c 1 0 [ iN F &eF J SCOTT EGo' wuo STREET 2 +00 3+1Y3 VISENU [~J REI'ME,NCE 575 113 0g0P DUr a l PERMANLNT EASEMENT [f tllm'Cit F. 11m ep..m PDX {} PROPOSED TO BE GRANTED Q U L� AJ 1144 -C AREA `� frER Optic wRNER - �..- ....�........ 0.$1StACRr =5 ..........- - - �. a 7194 26,830MS.E. MAP No. 1144 —C PARCEL NO, 1144 SHEET 1- OF 31 SHEETS', I FRGPOSE[} , � OCCUPANCY PERIAIT AREA= 0.100±AC. 43`vS�S. 3 Y f- I STd. 3 +0 L G T 3d.1 T' i.�1 2 a STA. 6+56.54 E 2 49 N STA 3#01 .50 I /! ('165.75' L7 r- ,�,..._ „ -74 _g9 I tHE PEOPLE OF THE STATE OF NEW YoRk � - '- 0 . 170038 11 S 25'- 24' -15 E ,v ScuT31 Llh*. 0c S, 1 � I MEW YORK STATE THRUWAY n ' ----^-'� a Aa. gE;.£T7vAllmi f L7 �_ a NIAGARA SECTION, %DDIVISM N-3 '” I 6. 1372x At{ I1, ;GU39•i m 1003 i Id, 7003ft -1. P. 1003 t� f 5 25 -24 IS E 1i 74 °- 24' w q t 14.83 ,P il�c S 19° 35 45 V' ;""• yl Q� • -` SFk 3 +18.14 STA. 13-31.64 4600 24• N 10 24 JSn W - I 1 �dr 9i SrA. 0+gg.21 - - STA -L-... 3&7-02' ° 3 &7.02' LT, S 20 °- 21` ^13 Yi 42 40Y 29' LT. STA, 2467,56 - �s o .SCiltll IRE - "" - " - t♦76, 397.T J' LT. r , DII IaHta�rlul k f9� ^Zq' °15" Mf � rv.a x•� - e.'-' 1�.$�E -. � ., \ \ `" STA, 1+29Aq 36753' LT. r � STA. 3 +2352" i r- _ 32851' LT �- N �J00•' LT S 13°- 35' -45" TT`` _ H 13°- 35' -45" E 531.6_ T T A O 8E EST LINE OF PARCEL 1003 NrrrnsLwr Iinui3Unc -� S TA. 4 +83.0.3 - - 1 stso-' Es•s[ rrt7 ""�33S.nll STA. 3 + 24! ah•A. POSE "" H� ri. I II * 308 ' L. I E R13o- 75 '_45i1E + `•�,. N:cew Y i STA. 0483_ S 'M1E'R EA4:l/Eh'T - �� NOR N k8 . LANE J a s w U L•A7t'E SUM t,INE OF P, 1130 � � � � cCrltENt¢�,'k uran Qn?{E�.>rc sxxat- slit%v '- � \''� •\ � �`\ ♦: � \��`� .�i� \ 'n , •E�•� ~.;fit �\ \ � �\ \ �� � `'� \ \ \�\ \ �\ .I��:l � -., `� �� QY t1;r GlY lil r LI D M f41EN (!rAA1 L'li!iG Urr;,3N} I ._� r. LINF.Ii liflC PAfx ����� i ����i� il��� /,�l/ ��!'�: /i , Jl'T.l %' ``/7�1�� � % '. � �� ; � s; �'� ; � r � �,`i> ; �> ._ :• c SI \ !' CwNht STRIP FiSFYtNT X, OAK ' lj \ i •� � y ': \ 7HC nP1J: UT T11C STAN EV NEW 'YORK If Siam l y 5616. PA4£ 291 - � q FhRCEL 1 i 101 r A \ �,LUIt9lve 1 1 1 0 I ^f EiAJ -GAK ARTERIAL a liiulruaY r / ♦\ b5 o } LQNrNETE 'n.il% fin CII>;lN UI1R >L'n ;'L�m 1 C.TICaErF. LALn _ � �•� F - �h'fk�Frf.HLY NIGiYt„Y 11PI:' -L1`_ e l 2W91K.RIZONTAL P2 SET' 7 CDY A LNE GRAPHIC SCALE - so o z; ao c ] c 1 0 [ iN F &eF J SCOTT EGo' wuo STREET 2 +00 3+1Y3 VISENU [~J untrtr rwr;or€tx� 113 0g0P DUr a l 'JutirY mr [f tllm'Cit F. 11m ep..m PDX {} LlUIr STArrDARD Q r3ri m -C1t cn 60% L� if ?NNCIf •--� frER Optic wRNER - �..- ....�........ Wh7h0,51.P AA!R:Uj.NT L:uE ..........- - - PFil CLL 01'WRC41 VIE a ntu'R k cI TO 3C SiT FLUNi o j , I P:ll,c 14 o 1g [as!e 3 of 19 FAMB11 NEW YORK STATE THRUWAY MAP No. 1144 —C NIAGARA SECTION PARCEL NO, 1144 SUBDIVISION N -3 SHEET 2 OF 3 SHEETS: \ ecevaA L R 'ir 9r + 1 PC STA 4 +4856 � 1.96' ' - }S�E 116.93 � / 6FLk t5 °eI'It1^ PT STA. 5 +04.00 PRGPO5E PROPOSED OCCUPAWCY PERMIT '_15" AREA -- o.loc�ne. r 4` 4363t5.F, Ir r 7A, 4 +99.IR \ I r 929.41' LT. rr �`a Ncd. 19.90' \ Rad. 69.79' PC S TA. 9r95,9fi y° A� PG STA. 5157,6fi L. 5.91' �. 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TFiRUVZAY, ST2�tpr�T NIAGARA SECTION 6u1LVrNc STA. 5491f 5 +9T_• o \ OF 512EFAt0 MW {NA =sauce uwnN} r f 78_' T. UNfH '10, PAcr 246 I f STA 6 +89! \- x 578_' LT. - �_� M .l ._.- -- -•^ -"" � � f:nl;nE 5'a,P Cr.s[f�fnT 45.1! k1GfTHAY _ y '� v 5 2l °-58' -15' W {r PI ST .. 5 +89.95 LL " 132.4 ., i -51A. 6+01.82 z lxl ! I uH U) f / W €p DELTA T L . 40.67' ,ll : G" lil THE PEOPLE OF' 1€$ STALE (Y Km YRii( ,, - DLo 59 PAI9CEL 3 75, L 3 257 1 [r" • RUC. 320. 1', L. 39.21' PC STA. 9 +96.47 DELTA T °0'06" 1 1� U / mom ` b• 91.93' / Q 01 i � + TILE PF€YY£ or TIC STATE or New 91 - 63' LT.i 2 '�' /� `� LBER p5m6l& 7 P . z(X 791 14 5 5�I6° 5 14- `...._ laz } - T,°aIn TETLEY �cic�lwAV uotnafls r.Rniie °€Ia w,� STA. 5 +85 1 n 1 PI ce reon slRaer-- a § lr -T . STA. 5 +91! + CP2 S{T SCOTT c >' }Y,�} STREET T 0 93ar 854A2, s. 7626'4{7' L. gt.ar�IRVcY LIDO CCNTR4Y_ LNc GEIAI'II1C 5CAL.r - s° n 2s sU 1w PROPOSED OCCUPANCY PERMIT ._. AREA= 0,036iAC. ( LN FL rr 1 ]563tS.F- T �. snu 711 rAL_ SCOTT STREET' U01T ST)NDAYu 1 gIi GRA; m f. -iH iQAI €IOW2CHTk SCOTT STREET $U.91i7 COHIBF LW£ 1(T,E;Pxp.Ux uH J b TO EPn £` S 7 1, �IJTItixSI CGH. EAOP INLET bSQ02' S 7626'NF C CNAell1[ COM 0 €Ef1 5N.a0' _ ?so. 2ON HERRON Lk ca+NFR CPO S" WT Sly Vu ccmr L ."i£ c:xac. wACx f2j TOT' Op CLtl1U cp#2 N.Y.S.P,C.S. NEST 70W M: i0 0575 €n?nS75,20V (oar 10 UNTCR Cr SANIT -Ay PH NAB H3 /4a 01.TJW UT9 Scwt) • I I fi SCOTT STREET' CH I OF iQAI €IOW2CHTk .._gin cpp $U.91i7 COHIBF LW£ Ii. W. COAA'_li Of £` S 7 1, LFYT STAtrO!•KL nASC "-, C 4 E iE C Ll.CiF_ yOEALK a L _ y ca+NFR 3 C3 � c:xac. wACx w U_ CP►5 � 11, y,ip_C S. YhSiI ZDItE NAn A3�A5 gATNIJ E: Y coRHF_N- j I 70 Sc .I16 (NOT 7n ScA: F.) C(p3 [� WAiJC j j Page 10 of 19 EXHIBIT I NCw YORK STATE THRUWAY MAP No. 1144--C NIAGARA SECWN PARCEL NO. 1144 SUf351 €0N N-3 SHEET 3 OF 3 S'rl£ETS PERMANENT EASEMENT FOR SOLID - WASTE, SCREENING FACILITY AND APPURTENANCES A permanant, rigrit, priviloya, and nosamont ("Easamcnf ") to treat Ond transl3fit 5owagc, e wastewater, and other related moteelcl and tiuosYancos, and, for such purposes, to Consfruct, roconsirucY, main o; inspect, Ond Operate o 5041 -waste screaniny facility and sanitcry-sowar plpr}firle syst3m Consisting of Suoh buildings, Pncasnments, conduits, slooves, pipoa, voEvas, and oppurtanances as may be [Seemed necesscry by the grantee of the Lasemont for the proper operation and /or improvement thereof; provided that ha structure eonstrvcted on, or improvement made to, the real property within tho area of the Eesemont she!!, in any Way wriatsoovor, Tntorfare with the operotlon, mg ;ntoncnoe, and /or impravomert of the hignway system, viaduct, and uthar oppurtonont infrastructure of iho Now York Stoto Thruway Authority. The Easement shoil bo exercised; in, to, over, and across all those pieces or parcels of real property, harefaafter designatod as Parcel NO. 1144, si'Lmfo in the City of 3vffa1o, County of Erie, State Of New York. as shown on ihu accom"nyin4 map. Being a portion of Parcel No. 1003, flap No. 103JR -1, New York Stgtn =Thruway, Wagerer Section, County of Erio, Suhdivision No. N °3, filed in the Erie County Clork's 0 - Rice On 10/03/1760, SL :Djoof to ihC reserve #ion to tna Nov Yor;c Coni'ruI Roifrood Company and Now York Stal - o Reoliy & Term:no€ Company as sot forth an trio cforementTanOd )6o,^. No. 1003R I h©roby certify that the ousumant mapped above will not intarforo with /�rj� FjEfy� / y uk nte 0 I herotJy cortify that tKS is an.aacurote Thruway nporctions .�4� '¢ inep made from an nc ;curate survey performed under my OTraction 41 `x- �._.��� '�# a m �Y Uato 20 1 Jdt© _—Jk __ ___3O 20 Q9— CHRiSTOPNER A_ WAITE, P.F. \\ Lt.�7 ,g Chief En gineer Vew York State Thruway Authority '��- DOUGLAS R. IiAGER, P.L.S.I.ana Survoyor P,L.S. LiODFISO No. 050204 NEW YORK STATE THRUWAY AUTHORITY DESCRIPTION AND MAP FOR THE GRANT OF EASEMENT NEW YORK STATE THRUWAY NIAGARA SECTION SUBDIVISION NO. N -3 Map No, 1144-C EAS[MENT PROPOSED TO Total Area = Parcel No. 1144 BE GRANTED 0.615± 26,830tS.F. The description and originof Treeing of This map are hereby Officially filed in tha affieo o? the Now York Sfu`e Tnruway Authority. DOTE — — 20 —. EXITI Br r n #'agc 1 of 19 ALL THAT PIECE OF PROPERTY designated as Parcel 1144 on Map 1144 -C; located in the City of Buffalo, County of Erie, State of NCsy York; and being more particularly bounded and described as follows: BEGINNING AT A POINT on the north bounds of the 1.43 -acre Sower Ll e Easement reserved on Map 10038 -1, Niagara Section, Erie Coounty, Subdivision N-3, filed in the Erie County Clerk's office on October 3, 1960, said point being 637.6± feet westerly from the east Line of Thruway Parcel 1003 (also being the west line of Michigan Avenue ), said point also being 308± feet distant northerly measured at right angles from Station 0-x-83± of the 2009 Horizontal Survey Control Line established along the south curb line of Scott ,Street; thence through the property of the People of the State of New York under current jurisdiction of the New York State Thruway Authority the following seventeen (17) courses and distances: 1. North 13`- 35' -45" East 25 feet to a point 333.33 feet distant northerly measured at right angles from Station 0 +83.03 of said survey control line. 2. North 19 °- 24-15" West, 64.00 feet to a point 387.02 feet distant northerly .measured at right angles from Station 0 +4(3.21 of said survey control line. 3. North 19 35-45" East, 79.16 feet to a point 465.75 feet distant northerly measured at right angles from Station 0"56.54 of said survey control line. 4. South 70°-- 24' --15" East, 249.34 feet to a -ooint 439.51 feet distant northerly measured at right angles from Station 3 +04.50 of said survey control. 1-ine . 5. South 25 24 --15" East, 6.87 feet to a po1_rzt 434.17 feet distant northerly measured at right angles from Station 3 +08.81 of said survey control. line. 6_ South 25 °- 24' -15" East, 14.83 feet to a point 422.64 foot distant northerly measured at right angles from Station 3 +18.14 of said survey control. line. ha�'e 18 of N 1� 7. South 25 9 -- 24' -15" East, 104.00 feet to a po zit 341.77 feet d, s anu northerly measured at right angles from Station 3 +53.53 of said survey control line. 8. South 13 west, 34 ± feet to a paint on the north bounds of the above mentioned Sewer Line Easemen?� reserved on Map 10038 -7, said- point being 308t feet distant northerly measured at ric'�.t angles front Station 3 +84t of said survey contra]. line. 9. Westerly along the north bounds of said Seger Lime Easement, 60± feet to a point 308± feet distant northerly measured at right angles from Station 3 +24± of said survey control line. 10. North 13 35-45° East, 20± feet to a point 328.51 feel distant northerly measured at right angles from Station 3+23.52 of said survey control Line. 11, North 25 -15° West, 89.00 feet to a point 397.71 feet distant northerly measured at right angles from Station 2-x-67.56 of said survey control line. 12. North 70 °- 24' --15" West, 91.00 feet to a point 407.29 feet distant northerly measured at right angles from Station 1+77.07 of said survey control line. 13_ South 19 35' -45" West, 40.00 feet to a point 367.51 feet distant northerly measured at right angles from Station 1 +72.86 of said survey control line. 14. North 70 9 m- 24' -W15" West, 42.00 feet to a point 3'71.93 feet distant northerly measured at right angles from Station 1 +31.09 of said survey control line. 15. South 20- °-2l' -13" West, 25.76 feet to a point 346.35 feet distant northerly measured at right angles from 1 +28.04 of said survey control line. 16. South 13 35-45" West, 38± feel to a point on the north bounds of the above mentioned Sewer Line Easement reserved on Map 10038 - said point being 3081 feet distant northerly measured at right angles from Station 1 +28± of said survey control Line and, Nagc f 1 ) of !9 17. Westerly along ti'"}.e north bounds of said Se Line. �'asemerit, 4�± feet to the point of beginning, contain 0.616 acre more or less. The above mentioned survey control line is a portion of the 2009 survey control line established along the south curb line of ,Scott Street and described as follows: Beginning at Station 0+50.00; thence South 762 26 east to Station 7 +00.02. All becaring,s referred to True North at the 78 Meridian of West Longitude_ t� �J Mr. Fontana moved That the above communication from the Department of Law dated October 6, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to execute an Agreement For Grant of Easement and Occupancy Bights with the NY State Thruway Authority and the Buffalo Sewer Authority for the Bufralo Sewer Authority New Hamburg Drain Screening; Facility Project in an area bounded by Michigan Avenue, Scott, Washington and Exchange Streets. That the Acting Corporation Counsel be authorized to enter into such other related agreements and that the Mayor be authorized to execute the same. Passed mfl D OV E, A P OCT 2 C 1009 17 TAB ;mv `F:lwpf Olniswordlentv117e 1 a -13:E. doc [ ------------- ] [MAJ- s] [2/3 - s] [3/4- 7] *AYE* NO DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS * * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * * * * * * * * 9 * p 040 1.8 Claims Committee Meeting Wednes(lay, October 21, 2009 Hon. David A. Rivera, Chairperson. AGI?.NDA Personal Injury A. I . Dialre Pruitt, Mother of Dominique Pruitt $ 7,500.00 A. 2. Shawn Halas $ 5,750.00 A. 3. Tammi Yeter P/N/G Alexis Yeter $ 5,000.00 Proper! Proper!j Damage s B. I . .linie 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 Miscellaneous Reimbursement C. 1. Tornika Birl $ 90.00 C. 2. Nicholas Horvath $ .50 C. 3. Joal Massimi $ 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 Miscellaneous Invoices D. I . 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 1). 5. Buffalo News $ 2,35936 D. 6. Buffalo News $ 205.02 D. 7, Buffalo OccMed 1.,LC $133,518.97 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- DF 1' Communications $ 472.50 D. 12. Dival Safety $ 75.00 D. 13. Ferguson Electric $ 455.73 D. 14. Ilalsey Reid Equipment $ 200.36 D. 15. Huron Sprinklers $ 135.00 D. 16. John W. Danforth Company $ 694.54 D. 17. Mountain Glacier $ 119.52 D. 18. Police Athletic League $ 38,027.50 D. 19. Rinaldo, Thomas N. $ 600.00 D. 20. SGS Testcom Inc. $ 2.57 D. 21. Safety Kleen $ 388.91 D. 22. Telogis Inc. S 1,749.65 D. 23. Tony's Roadside Service $ 7,398.56 D. 24. Verizon $167,396.34 D. 25. Veri:zon Wireless $ 649.55 D. 26. Verizon Wireless $ 334.44 Contract Settlement E. 1. Urbitran Associates, Inc. $30,000.00 AMITTEE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES Oct 13, 2009 To: The Common Council: Bate: October S, 2069 From; Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 1019 Kensington (University) lyp in Upper and I [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xx/xx/xx): Text (Type Sin le S ace Below }: Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1019 Kensington (B -LO MINI MART) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. k � ITT 1:y e Department Dead Name: JAMES COMERFOR.D Type Title: DE UTY COMMISSIONER Signa ture of Department I-lead: T - JC:PS:rf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: B -LO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1019 KENSINGTON (716) 885 -6173 UN 16 MOHAMED. AL- DUBAISHI (716) 715 -1425 555745 07/21/2009 NEW LICENSE 2010 f , E (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK ** *REASON ►� :�i;�. INSPECTOR DATE: DATE: DATE: AL MUST BE STATED BELOW * ** RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSrp2rp7 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPEC T ION/APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: B -LO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: R FF,RRAL'DATE: REMARKS: 1019 KENSINGTON (716)885 -.6173 UN 16 MOHAMED AL- DUBAISHI (716) 715 -1425 555745 07/21/2009 NEW LICENSE 2010 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) - 7-0 APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** a REMARKS: INSPECTOR RM# EXT 'I AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: B -LO MINI MART LICENSE TYPE: FOOD SPORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT : POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1019 KENSINGTON (716)885 -6173 UN 16 MOHAMED AL DUBALSHI (716)715 -1425 555745 07/21/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RMN �7� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppStip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: B -LO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1019 KENSINGTON BUSINESS PHONE: .(716) 885 -6173 COUNCIL DISTRICT: UN POLICE DISTRICT: 16 APPLICANT NAME: APPL. PHONE: �BA1SH1 716 715 -1425 C �."L. APPLICATION NUMBER: NUMBER: 555745 REFERRAL DATE: 07/21/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: — DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED NEW LICENSE 2010 9/ds /d DISAPPROVED DATE: ** *REASON FOR DISAPPROVA UST B STATED BELOW * ** REMARKS: COMM. OF POLICE: 'Depu Coatt issioner AFTER INSPECTION PLEASE COMPLE TE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES: THANK YOU. Appslip2.rp, Go { F3 _ { � c 9/ds /d DISAPPROVED DATE: ** *REASON FOR DISAPPROVA UST B STATED BELOW * ** REMARKS: COMM. OF POLICE: 'Depu Coatt issioner AFTER INSPECTION PLEASE COMPLE TE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES: THANK YOU. Appslip2.rp, CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALT. BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL RE QUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: B -LO MINI MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1019 KENSINGTON (716) 885 -6173 UN 16 M01IAMED AL- DUBAIS111 (716) 715 -1425 555745 07/21/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATF• �` 2 -- DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS:% ..JI RM# EXT INSPECTOR % - � : f�'l AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlipZ.rpr r....... •. Sall N -,. +. . i........ aux.x. u u Department Of Economic Development, Permit & Inspection §e�v�es Office Of Licenses 313 City Hall Buffalo, NY 14242 Phone: (716) 851 -4078 FAX (716) 851 -4952 LICENSE APPLICATION Please check the category you are applying for Type of Entity; Q Sole Proprietor . Q Corporation ® Partner ship ©Lunited bability C ompably Restaurant Food Store _ -_ Bakery /Confectioner Restaurant Take -Out Meat, Fish, & Poultry Caterer Date 200 Applicant Name ! p Home Phone (1'W-9t5--R7-3 Applicant Address . RAA&.1 and Street City State ZIP Co- Applicant Name Co Applicant Addres Number and Street City State ZIP Corporation Name Date Incorporated Business Name Business Phone () - l± BusinessAddress -& A f Number and Street V City State ZIP Date - Business Certificate Social Security # > FAX# (� _ State Tax ID # Mailing Address (if different from business) Number and Street Ci State ZIP ty Number of employees (Balser /Confectioner only) FEES Restaurant 0-200 seats.... $174.00 201 -400 seats.... $250.00 400 +seats,... $350.00 Restaurant Takeout ...................... $ 88.00 Catering .......... ............................... $ 88.00 Food Store .................. .- $115.00 Meat, Fish & Poultry (2 yrs) .......... Baker/ 0 -2 employees.. $ 63.00 Confectionery 3/10 employees., $105.00 11 -25 employees .. $157.00 26 - 50 employees... $315,00 51 -200 employees.. $525.00 called and s-, 20 City It to before me day of --- '7 1, �" - 1s in an for the New York 000`:'.0 To: The Common Council: Date: October 8, 2009 From: Department of Economic Development, Permit & inspection Services Division Tvpc in Upper and L Lower Case Only Office of Licenses Subject: [: Food Store (New) [: 1534 Main (Delaware) C� C� Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Tyke Single S ace Below i Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1534 Main (MR. MILLENIUM FOOD MART) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you dem appropriate. y CoiWITTEE Type Department Head Name: JAMES COMERFORD Type Title: D UTY COMMISSIONER Signature of Department Head: is :P&rf CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 !NSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: MR. MILLENIUM FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1534 MAIN 881 -0516 YAQOUB ALWASIM 348 -2412 553489 03/05/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** ur ' INSPECTOR AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipIrpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: MR, MII�LENIUM FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1534 MAIN BUSINESS PHONE: 881 -0516 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: YAQOUB ALWASIM 3 0 5 1 0G 43/05/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) �APPRQV DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: e /J C� d / INSPECTOR RM# 32/ EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CI'T'Y HALL . BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: MR. MILLENIUM FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1534 MAIN 881 -0516 YAQOUB ALWASIM 348 -2412 553489 03/05/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# 3 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpl 1-11 Y VS' ISUrrALV OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 1.4202 APR 0 6 I�1tl�S 1X 4 : r . INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: MR. MILLENIUM FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1534 MAIN 881 -0516 YAQOUB ALWASIM 348 -2412 553489 03/05/2009 NEW LICENSE 2410 (TO BE COMPLETED BY AGENCY/DEPARTMENT.REFERRED TO) APPROVED DATE: O cf DISAPPROVED DATE: REMARKS: n DISTRICT CAPTAIN:i`~ APPROVED DATE: 1 DISAPPROVED DATE: "REASON FOR DISAPPROVAL MUSW ST � BELOW 'x* REMARKS: y j_ .1 COMM. OF POLICE: ��'•Pu Ca AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REOUES T AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: MR, MILLENIUM FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1534 MAIN BUSINESS PHONE: 881 -0516 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: YAQOUB ALWASIM 348 -2412 553489 03/05/2009 PROPERTY TAXES 2297 BAILEY NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED f DATE: DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR d f .: °_ lC` �__..�.<_'lir. RM# �P EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2rpt OFFICE OF LICENSES 313 CITY HALL, BUFFALO, NY 14202 (716)851 -4078 r, LICENSE APPLICATION T " i (PLEASE CHECK LICENSE CATEGORY APPLYING FOR) -;. =.RESTAURANT [=DBAKERY =CONFECTIONER � RESTAUR.ANT TAKEOUT CATERER =FOOD STORE MEAT, FISH & POULTRY Date NOVEMBER 13, 20 08 Applicant Name YAQOUB ALWASIM Applicant Address 268 AMHP -RST ST (No., Street) Applicant Home Phone # 716- 34 8 -2412 BUFFALO, NY 14207 (City, Town or Village) (State) (Zip) Co- Applicant Nacre Co- Applicant (No., Street) (City, Town or Village) (State) (Zip) Corporation Name Date Incorporated Business Name MR. M NIUM FOOD MART Date of Business Certificate 10/ 2 7 / 2 008 Business Address 1534 MAIN ST BUFFALO NY 14200 (No., Street) (City, Town or Village) (State) (Zip) Mailing Address (if different than business address) _ (No., Street) (City, "Town or Village) (State) (Zip) Business Phazte # 716- 881 -0516 Fax # State Talc ID Number Social Security # Na. afEmployees _. - - (Baker & Confectioner only) Appli t Signature Subscribed and sworn to before me this f�� Day of AI-0V -2,0,9,F� 20 Fees: Restaurant 0 -200 seats 201 400 seats 0 �iWand 401+ $325.00 Restaurant take-out/Catering $ 88.00 ('ommissioner of Deeds for the �1 poultry (2 years) $150.00 City of Buffalo, New York Food Store $115.00 + erle4afectioner 0 -2 employees $ 63.00 3 -10 employees $105.00 pp�� pp , le c I Itlr}S.r: ��� 1� %i���_l;, c.,�,. !fp I�tu�� fdi'11 11 -25 employees $157.00 0 lIColi ;tr:s:.,.,: ``1("1" 10/ ' ii ' 26 -50 employees $315.00 r - ° 3ictl >. :� "i0 i:0 51 -200 employees $525.00 ,s m NJREFUNDABLE APPLICATION FEE Test apps - City Clerk's Department BUFFALO October 16, 2009 HON, BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED October 13, 2009 Restaurant Dance License (Renewal) 52 Chippewa West (Ell) Gerald A Chwalinski City Clerk R .Z 14d 9G IJ0 69O TT 113 .l 000 � I Single Page Communication to the Common Council To: The Common Council: Date: October 5, 2009 From: Department: Det )artrnent of L conornic Development, Permit &_�t pection Set vic9-s Division: Office of Licenses Subject:: Restaurant Dance License (RENEWAL) 52 C IIPPEWA WEST (NOWT M) ('el Prior Council Reference: (It'any) 1: IExt. ( Iten1 No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I leave caused an investigation into the premises located at 52 West Chippewa for which said renewal application for a Restaurant Dance Class IV license is being sought by Charles Golman and according to the attached reports From the l ire .t.)epartiiient, l'oli.ce Department and Building Inspections, I find it complies with all regal- iolls and. other applicable laws. .['his request pis submitted for your approval or whatever action yon. deem appropriate. M U-1 .. Type Department Head Name: Type Title: Signature of Department Head: James Comerford }eptlt ff OMMISSioncr Deputy Tommissioner .IC:cap # 1 (Rev. U 1/1993) 0 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: LA LUNA LICENSE TYPE: RES'T'AURANT /DANCE RENEWED LICENSE 2010 BUSINESS ADDRESS: 52 CHIPPEWA WEST BUSINESS PHONE: 855 -2220 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: CIIARLES GOLDMAN APPL. PHONE: 882 -5614 APPLICATION NUMBER: 521924 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: W i 11 v -, APPROVED DATE- DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMM. OF POLICE: pu AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. RppSlip2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 i 'I INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: LA LUNA LICENSE TYPE: RESTAURANT /DANCE RENEWED LICENSE 2010 BUSINESS ADDRESS: 52 CHIPPFWA WEST BUSINESS PHONE: 855 -2220 COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: CHARLES GOLDMAN APPL, PHONE: 882 -5614 APPLICATION NUMBER: 521924 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE 7-, 61, - DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# ( EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrip2rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 i INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: LA LUNA LICENSE TYPE: RESTAURANT /DANCE RENEWED LICENS 2010 BUSINESS ADDRESS: 52 CHI PPE WA WEST BUSINESS PHONE: 855 -2220 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: CHARLES GOL.DMAN APPL. PHONE: 882 -5614 APPLICATION NUMBER: 521924 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: l v DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rp( Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and. Inspections Services, dated October 5, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Charles Goldman d /b /a La Luna located at 52 West Chippewa., /�, ..- Passed. 21 TAB:rmv - 1'AwP00\mswurdlrmvl2 L c 10-1 3 a. doc APPROVED OCT 2 6 2.009 0 Class III Dancing License Conditions: 1. No co- mingling of patrons (no one under the age of 21 permitted after 11:00p.m. unless employed by the owner). 2. No plastic banners or signage displayed on the exterior of the premises between 7:00 a.m. and 9:00 p.m. 3. If graffiti exists on the exterior of the establishment, it must be removed within 72 hours of notification of its existence. 4. Exterior of the premises must be must be cleared of all debris by 7:00 a.m. each day, after the establishment is open for operation. This shall include the -frontage of the property from its facade to the curbline. 4 S`I fi 1 - 5. This license shall be non - transferrable and shall be held exclusively by the applicant. Any individual seeking to acquire licensure under Section 150 of the City Charter and Code, other than the applicant, shall be required to apply anew. f *AYE* NO DAVIS * FONTANA FRANCZYK ** * GOLOMBEK KEARNS * * * LOCURTO RIVERA * * * RUSSELL * * * SMITH * * * * * * ............. [MAJ- 51 * 9 * 0 [ 2/3 - b ] [3/4- 71 City Clerk's Department BUFFAL October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO i r � Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 22 PASSED October 13, 2009 Restaurant Dance License (Renewal) 596 Genesee (Ell) Gerald A Chwalinski City Clerk 0 z ;Z wd 9 z 00 600Z AHV13 0D (1 All {0022 Single Page Communication to the Common Council To: The Common Council: Date: October 5, 2009 From: Department: De pa t�xaent of La,conomic Develo nwnt Permit & Inspection Services Division: Office of Licenses Subject:: Restaurant Dance License (RENEWAL) j: 596 GENESEE ST (MIV� LtLK i T Prior Council Reference: (Efany) [: F'xt. ( Item No_ xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 596 Cenesee Street for which said renewal application ' r a Restaurant Dance Class III license is being sought by Justin Larke and according; to the attached reports from. the lire Departni.ent, Police Department and Building Inspections, I find it complies with all regulations 'and, other applicable laws. This request is submitted for your approval or whatever action you deenn appropriate. A Type Department Head Name: "Type `Title: Signature of Department Plead: JC:cap 111 (Rev.01 /1993) r7l Janes Comerford CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: THE OLD ARTHUR'S PUB LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 596 GENESEE 855 -1818 EL 04 JUSTIN LARKE 555 -1818 548978 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE- CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR c� RM# 3 2 EXT ( i ' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL C BUFFALO, NEW YORK 14202 t INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: THE OLD ARTHUR'S PUB LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL, DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: 596 GENESEE 855 -1818 EL 04 JUSTIN LARKS 855 -1818 548978 DISAPPROVAL REASON: BOARDED; VACANT RENEWED LICENSE 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 # G1 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppNipZrpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: THE OLD ARTHUR'S PUB LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 596 GENESEE 855 -1818 EL 04 JUSTIN LARKE 855 -1818 548978 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) (APPROVED DATE: r "' DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: Uj, 0 %A 0A 77 APPROVED DATE: ' d 3 1 DISAPPROVED DATE: *REASON FOR DISAPPROVAL MUST B ATED TMLOW r x REMARKS: Deputy Commissioner COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlipI rpt 4 Mr. Fontana moved. That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 5, 2009, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of . ";conomic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Justin Larke d /b /a The Old Arthur's Pub located at 596 Gencsee��� , zzX Passed. 22 'I :Iwp60\m sword\n)M22 c 10- 1 3a. doc OCT 2 6 2009 Z. t Class III Dancing License Conditions: 1. No co- mingling of patrons (no one under the age of 21 permitted after 11:00p.m. unless employed by the owner). 2. No plastic banners or signage displayed on the exterior of the premises between 7:00 a.m. and 9:00 p.m. 3. If graffiti exists on the exterior of the establishment, it must be removed within 72 hours of notification of its existence. 4. [xterior of the premises must be must be cleared of all debris by 7:00 a.m. each day, after the establishment is open for operation. This shall include the frontage of the property from its facade to the curbline. 5. This license shall be non - transferrable and shall be held exclusively by the applicant. Any individual seeking to acquire licensure under Section 150 of the City Charter and Code, other than the applicant, shall be required to apply anew. DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL. SMITH [ ------------- ) [MAJ- 5) [ 2/3 - 61 [314- 7) *AYE* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 * p * * * City Clerk's Department BUFFALO October 16, 2009 HON_ BYRON W. BROWN MAYOR OF BUFFALO .. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED October 13, 2009 Restaurant Dance License (Renewal) 1285 Hertel Avenue (Del) Gerald A Chwalinski City Cleric Oz :Z Wd 9Z DO 6001 0 004 Single Page Communication to the Common Council To: The Common Council: Date: October 5, 2009 From: Department: De artn�ent of Economic Iaevelo meat Pcr�ni cYc Ins�ectiot.�_Servi Division: Office of Licenses Subject: [: Restaurant Dance License (RENF,WAL ) 1285 HERTEL AVENUE (NOR-T44) Prior Council Reference: (I fwiy) I xt. ( Item No. xxx, C.C.P. xx/xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1285 Hertel Avenue for which said renewal application for a . [Zest, L Dance Class III license is being sought by Sumner Nichols and according to the attached reports from the hire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever acllon you deco- appropriate. Type Department Plead Name: James Comerford Type Title: Deputy C 111issioner Sigilat«re of Department Head: Deputy Con lissioner JC:cap #I (Rev. 0111993) s] 1 � f � Ff '. CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14262 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR. GABEL'S LICENSE TYPE: RES'T'AURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1285 HERI'EL (716) 874 -3010 00 SUMNERNICHOLS 0- 209343 10/02/2009 RENEWED LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED DATE: 130 / DISAPPROVED DATE: DISAPPROVAL DATE: CALL, BACK * "REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: (; ` INSPECTOR � RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpl f CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: GABEL'S LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PRONE: COUNCIL DISTRICT: POLICE DISTRICT- APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 1285 HERTEL (716) 874 -3010 00 SUMNER NICHOLS () - 209343 RENEWED LICENSE 2009 1 4C IL I (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED c ---1 - f DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSllp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR GABEL`S LICENSE TYPE: RESTAURANT /DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER' REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1285 HERTEL (716) 874 -3010 00 SUMNER NICIIOLS () - 209343 RENEWED LICENSE 2009 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED ROVED DISAPPROVAL CALL RACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 9 INSPECTOR RM4 -� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt r! Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 5, 2009, be received and filed, and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Sumner Nichols d/b /a Cxabel's located at 1285 Hertel Avenue. Passed. 23 TAR:nnv TA%w60 'qnswar& mvU3a10- 13a.doc OCT 2 6 2009 L:. c> i .. [314- 7) *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK * * * KEARNS LOCURTO * * RIVERA * * * RUSSELL * * * SMITH * * * c-------- - - - - -� [MAJ- 51 * 9 * 4 [2I3 - 51 [314- 7) 000`2 #1 (Rev. 1/93) Single Pam Communication to the Common Council To: The Common Council: Date: October 5, 2009 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and L Lower Case Only I Subject: [: Second Hand Dealer [: 1860 Seneca (South) Prior Council Reference: (If Any) [: Ext. (Item No. xx.x C.C.P. xx/xx/xx): Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1860 Seneca St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Colleen Walsh. The attached thereto for Colleen Walsh d /b /a/Seneca Jewelry Wholesale. This request is submitted for your approval or whatever action you deem appropriate. Type Department Ficad Name: JAMES COMERFOR.D !Ype Title: DEP COMMISSIONER J Signature of Department Head: XTS jd , 1 f Interdepartmental Memo Date: October 5, 2009 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 1860 Seneca. P erity C of Buffalo Ordinance Chapter 254, the following is a check list of requirements or a Second Hand Dealer Licenses application to the Common Council. Zoning Office Fire Prevention Building Inspection Police Department Police Record Check CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: SENECA JEWELRY WHOLESALE LICENSE TYPE: SECOND BAND DEALER BUSINESS ADDRESS: BUSINESS PIIONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1860 SENECA (716) 939 -3068 s0 09 COLLEEN] WNLSII (716) 939 -3068 556088 09 /1 5/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) �APPKOVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE ST ATED BELOW` REMARKS- INSPECTOR � RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App51ip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: SENECA JEWELRY WHOLESALE LICENSE TYPE: SECOND HAND DEALER fq BUSINESS ADDRESS: 1860 SENECA BUSINESS PHONE: (716) 939 -3068 COUNCIL DISTRICT: SO POLICE DISTRICT: 09 APPLICANT NAME: COLLEEN WALSH APPL. PHONE: (7 3 6) 939 -3068 APPLICATION NUMBER: 556088 REFERRAL DATE: 09/15/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) (: APPROVED DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED ** *REASON FOR REMARKS: oo NEW LICENSE 2010 STATED BELOW * ** COMM. OF POLICE: Deputy COMilissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. DATE: App.Slip2 rpi CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN F'ITZGERALD APPLICATION FOR SENECA JEWELRY WHOLESALE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'T'E: REMARKS: DISAPPROVAL REASON: 1860 SENECA (716) 939 -3068 SO 09 COLLEEN WA1.,S1i (716) 939 -3068 556088 09/15/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED D VED DISAPPROVAL CALLBACK J C .. DATE.: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �/� rY RM# EXT 1 � AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS1ip2ipr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: SENECA JEWELRY WHOLESALE LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: R EFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1860 SENECA (7[6) 939 -3068 SO 09 COLLEEN WAI.SII (716) 939 -3068 556088 09/15/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) APPROVED ) D OVED DISAPPROVAL CALLBACK DATE: L DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# c� L' EXT 4 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppslipZ.rpf P -147C (REV. 3/46) APPLICA'T'ION RELEASE ORM P, �. TO E MAILED TO _ i %J Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL , NAME �PLICANT: ` /MAIDEN NAME SEX RACE CURRENT ADDRESS: D ' DATE OF BIRTH: G SOCIAL SECURITY # f REASON FOR REQUEST SIGNATURE OF APPLICANT DATE STATE OF NEW YORK ) COUNTY OF ERIE } SS. CITY OF BUFFA O On the day of 1-9 , before the personally appeared to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof: Id ly � rc f Commissioner` of Deeds TO BE COMPLETED BY IDENTIFIC ATION SECTION PERSONNEL ** RECORD ATTACHED VERIFIED BY; N RECORD ON FILE DATE VERIFIED_ NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED- NT VALID UNT STAMPED CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT PERMIT & INSPECTION SERVICES OFFICE OF LICENSES BRIM REILLY BYRON W. BROWN Commissioner Mayor APPLICATION MUST BE COMPLETED IN FULL PHOTO ID REQUIRED AT TIME OF APPLICATION NO EXCEPTIONS JAMES COMERFORD, Jr. Deputy Commissioner LEASE CHECK LICENSE CATEGORY SAP LYING EQU Date 20 � USED CAR DEALER $'262.50 SECOND HAND DEALER $119.00 SCRAP PROCESSOR $78.75 FLEA MARKET (NO. OF VENDORS----) 1-10 Tables $78.75 11 -25' Ables SI45.00 25+ tables $210.40 GARAGE SALE $10.50 a day WHOLESALE JUNK (JUNK YARD) $262.50 APPLICANT NAME PHONE N0. q l , ` TC' ` /��� HOME ADDRESS 1 W (No., STREET) (CITY,TOWN, OR VILLAGE) (STAY (ZIP) APPLICANT 1)10 PLACE OF BIRTH ✓ -f 1 US CITZENS �S) 0 CO APPLICANT PHONE NO. T. CO APPLICANT AUDRESS (PI ©,, STREE'P)_ (CiT'Y,`I'C)WIl, ATt!V�LLAGE) (ST'ATE) (zIP} CORPORATION NAME DATE INCORPORATED BUSINESS N J 1 _PHONE N0• 4 > 5� BUSINESS ADDRESS - (NO., STREET) r STATE TAX m NUMBER L� J Subscribed andswom to before me "this day of , 2 a— . - =.•f� Commissioner eels iri arrd for the City of Buffalo, New fork AT (Z ) '10 a � � r Applicant Signature NON.KEFMDABLE APPLICATION FEE Office of Licenses 65 NIAGARA SQUARE / 31 CITY I-WL BUWALO, NY 14202 -3303 (710) 851 -4078 / PAX: (716) 851 -4472 t, FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS Oct 13, 2009 City Clerk's Department BUFFALO October 16, 2009 HON. BYOON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item_ No. 25 Disposal of Vehicles PASSED October 13, 2009 Gerald A Chwalinski City Clerk 0 Z :Z Od 9 Z 100 6001 00Q`?5 t SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE OCTOBER 1, 2009 FROM: DEPARTMENT: ADMINISTRATION, FINANCE, PURCHASE DIVISION SUBJECT: [:DISPOSAL OF VEHICLES G PRIOR COUNCIL, REFERENCE: (1F ANY) Ex. Item No. xxx C.C.P. xx/xxlXoc THE DIVISION OF PURCHASE WOULD LIKE YOUR PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE FOLLOWING VEHICLES WHICH ARE CURRENTLY ASSIGNED TO THE DEPARTMENT PUBLIC WORKS - DIVISION OF STREETS. S -24 - 1993 FORD F -450 DUMP TRUCK S -26 - 1993 FORD F -450 DUMP TRUCK S -234 - 1994 CHEVY BLAZER PW -64 -1995 CHEVY TAHOE. S -123 - 1993 MACK MR REFUSE TRUCK S-125- 1993 MACK MR REFUSE TRUCK S-131- 9998 PETERBILT 320 REFUSE TRUCK SIGNATURE DEPARTMENT HEAD TITLE: DIRECTOR OF PURCHASE y� f i L Mr. Fontana moved: , That the above communication from the Division of Purchase dated October 1, 2009, be received and filed; and That the Director of Purchase be, and she hereby is authorized to dispose of the above - mentioned vehicles by means of auction or scrap. Passed 25 TAB:rnav tAwp60 nimord\mM25c10- 1Itdoe MA [3/4- 71 *AYE* NO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [MAJ- 5) 9 0 [2/3 - 6] [3/4- 71 114 (Rev 7 -07) Certificate of Appointment' E In cornpiwilce with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ord inances of th;; City of LnthilO, 1 transmit this certification of appointment (s) or protnotion(s). I further certify 111a1 the petson(s) nr lmd in Schedule "A" have been certified or approved by the Ifuman I' tesourceslCivil Service for ttte Appointment Lffective: 1015!2009 in the Department of Administration & Finance Division of Budget to the Position of Senior Special Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 40,368 LAST JOB TITLE Special Assistant NAME Heather Leaderstorf LAST DEPARTMENT Ad & Fin DATE 10109 ADDRESS 124 Fordam Dr LAST SALARY 35,157 CITY & ZIP Buffalo, 14216 LAST 4 DIGITS OF SSN. XXX -XX -2445 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS O SSN. X XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11150001 TITLE CODE NO BUDGET ACCT, OBJ, 411001 PROJ. 1D PERSONNEL REQ. NO 2009 -01 SALARY RANGE OF POSITION 40,368 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING OTHER COPIES 10 COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYE Janet Penksa Commissioner of Ad, Fin, Policey & Ur Affairs 1010512009 FROM THE ZONING BOARD OF APPEALSr, ®00;:;°7 September 17, 2009 Jewel Jurgens 1681 Amherst Street Buffalo, NY 14214 RE: 1681 AMHERST ST. APPLICATION: #139381 Dear Ms. Jurgens: The Zoning Board of Appeals at it's meeting of 9116109 denied your request for a variance to install and use a 9' x 26' front yard parking pad at premises 1681 AMHERST ST. The Board's decision was based on the neighborhood opposition to the proposal in this particular area. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS RECEIVED AND FILED ,r 0009 -8 September 17, 2009 Jeff Ingersoll 1890 Niagara Street Buffalo, New York 14207 RE: 75 & 79 CHENANGO STREET APPLICATION; #141593 & 141591 Dear Mr. Ingersoll: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for variances to construct and use 14'x 26' one -story rear additions intruding on the rear yard setbacks of both houses at premises 75 & 79 CHENANGO. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851.49.25 AND PAY ANY FEES THAT ARE REQUIRED, Section 511 - 117 (B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in farce and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. Very truly yours, RECEIVED AND FPq . ED James A. Lewis III, Chairman ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall - Buffalo, NY 14202 -3318 Phone: (716) 851 -4942 - Fax: (716) 851 -4388 Cl T Y OF BUFFALO NEW YORK September 17, 2009 Kate Resetarits 1115 Delaware Ave. Buffalo, New York 14209 RE: 1115 DELAWARE APPLICATION; #142174 Dear Ms. Resetarits: BYRON W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9116/09 approved your request for a variance to split and use a front three -story multiple dwelling with offices and a rear building for a two -story one - family dwelling at premises 1115 DELAWARE creating a deficiency in parcel size and rear yard setbacks. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. Very truly yours, RECOVED; AND ILE James A. Lewis III, Chairman ZONING BOARD OF APPEALS CC: Auguster Williams r 00030 E; September 17, 2009 Marcus Gottsche 148 Breckenridge Street Buffalo, New York 14213 RE. 167 DEWITT APPLICATION; #143076 Dear Mr. Gottsche: The Zoning Board of Appeals at its meeting of 9116109 approved. your petition for a variance to install a greenhouse with produce sales at premises 167 DEWITT. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4926 AND PAY ANY FEES THAT ARE REQUIRED. .. Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17110, the Board's approval will expire and a new application will have to be made. Very truly yours, RECEIVED AND H -F-D James A. Lewis III, Chairman ZONING BOARD OF APPEALS ©0031 September 17, 2009 Jim Popiela 3180 Genesee Street Buffalo, New York 14225 RE: 404 EDISON STREET APPLICATION: #142212 Dear Mr. Popiela: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to install a 3' x 75 ground sign with two -sided constant lit message boards setback at the front of the school at premises 404 EDISON. The Board conditioned the approval with the "LED" portion of the sign be turned off nightly at 8PM. .. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511w117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS s r0 c3 September 17, 2009 AAA Nobleman House C/o Vicky Wideman 47 Comstock Ave. Buffalo, NY 14215 RE: 364 FRENCH STREET APPLICATION: #139793 Dear Ms. Wideman: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a Human Service Facility for substance and alcohol abuse and mild mental patients at premises 364 FRENCH STREET. 1 �4 The Board's decision was based on the overwhelming neighborhood opposition to the proposal in this particular area. Very truly yours, ,tames A. Lewis III, Chairman ZONING BOARD OF APPEALS q �_N ��i 000"3 September 17, 2009 Gerald Shaffer 5095 Old Goodrich Road Clarence, New York 14031 RE: 21 GRANGER APPLICATION: #143392 Dear Mr. Shaffer: The Zoning Board of Appeals at its meeting of 9116109 approved your request for a variance to erect an 8'x 21' open front porch encroaching the required front yard. (Previously approved 11114/07) at premises 21 GRANGER. 1 AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117110, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS t1Uttj!I ZONING BOARD OF APPEALS 65 Niagara Square, 901 City Hall • Buffalo, NY 14202 -3318 Phone: (716) 851 4942 - Fax: (716) 851 -4388 CITY OF BUFFALO NEW YORK September 17, 2009 Cheyenne Hopkins 397 Jefferson Ave. Buffalo, New York 14204 RE: 397 JEFFERSON APPLICATION: #941287 Dear Mr. Hopkins: d BYRWN W. BROWN MAYOR The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to convert and use the existing building for a take -out restaurant in a residential area (Prior use closed for more than one year) at premises 397 JEFFERSON. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL., 859 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. Very truly yours, Jives A. Lewis III, Chairman ZONING BOARD OF APPEALS CC: Auguster Williams i . S - f `� Q 000- September 17, 2009 Joseph Szymkowiak 140 Ladner Buffalo, New York 14220 RE: 140 LADNER APPLICATION: #141368 Dear Mr. Szymkowiak: The Zoning Board of Appeals at its meeting of 9/16109 approved your request for a variance to erect an 30' x 36' wrap around addition to the existing garage extending into the required rear yard setbacks. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis Ill, Chairman ZONING BOARD OF APPEALS 0003' September 17, 2009 David Bruce 21 Princeton Place Orchard Park, NY 14127 RE: 221 LEXINGTON AVE. APPLICATION: #142967 Dear Mr. Bruce. The Zoning Board of Appeals at it's meeting of 9116109 denied your request for a variance to install and use a 12' x 20' parking pad at premises 221 LEXINGTON AVENUE. The Board's decision was based on the fact that the elements required for a "use" variance were not met including that of a financial or medical hardship. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS 0003 ".r' SeptemPor 17, 2009 Dennis Wilcox 317 Wheeler Street Tonawanda, New York 14150 RE: 564 MAIN STREET APPLICATION: #140483 Dear Mr. Wilcox: The Zoning Board of Appeals at its meeting of 9116109 approved your request a variance to install four 5' x 42' wall signs to read 'Key Bank" at the top of the building at premises 064. MAIN STREET. The Board took into consideration the recommendations of the City Planning Board and voted accordingly. AS A RESULT OF THIS.FAVORARLE ACTION BY THE BOARD, YOU DUST NOW'OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND rAY ANY FEES THAT ARE REQUIRED. Spption 511-1 17(B) of the Zoning Ordinance states that "no decision of the -oning Board of Appeals authorizing any permit shall be in force and effect after a''period of six (6) months from the date of said decision unless before the p?cpiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis 111, Chairman`s', !a 1 ZONING BOARD OF APPEALS 00018 September 17, 2009 Ricky Barnes 106 Hazelwood Lane Hamburg, New York 14075 RE: 387 NORTHUMBERLAND APPLICATION: #143068 Dear Mr. Barnes: The Zoning Board of Appeals at its meeting of 9116/09 approved your petition for a variance to enclose a second -story porch at premises 387 NORTHUMBERLAND. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511- 117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117/10, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman..� ZONING BOARD OF APPEALS f 000319 September 17, 2009 John Zanakis 318 SA Street -- Apt. #3 Brooklyn, NY 11211 RE: 179 NORWOOD APPLICATION: #111208 Dear Mr. Zanakis: The Zoning Board of Appeals at it's meeting of 9/16/09 denied your request for a variance to install and use a front yard parking pad for a multiple dwelling at premises 179 NORWOOD. The Board's decision was based on the neighborhood opposition and the elements required for a "Use" variance were not met including that of a financial or medical hardship. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS 000'-10 September 17, 2009 Edward Conboy, Jr. 8168 Hillside Street Angola, New York 14006 RE: 40 PORTER AVE. APPLICATION: #137735 Dear Mr. Conboy: The Zoning Board of Appeals at its meeting of 9116109 approved your request a variance to install and use a 1,000- gallon above ground fuel tank to service "coach boats" for the West Side Rowing Club at premises 40 PORTER AVE. A condition for fire suppression must be made if the City Fire department deems it necessary. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511m117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17110, the Board's approval will expire and a new application will have to be made. !V ery truly yours, James A. Lewis Ill, Chairman ZONING BOARD OF APPEALS`Y "� I J 00044, September 17, 2009 Thomas FlaniganMayne Gostomski 7 Putnam Street Buffalo, New York 14213 RE: 7 PUTNAM STREET APPLICATION: #143021 Dear Sirs: The Zoning Board of Appeals at its meeting of 9116109 approved your request a variance to install and use affront yard parking pad to the side of the house at premises 7 PUTNAM STREET. The Board took into consideration the recommendations of neighbors and the fact that a driveway had existed previously and voted accordingly. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3117110, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis III, Chairman ZONING BOARD OF APPEALS jj 1 00042 September 17, 2009 Paul Lamparelli 590 Kennedy Road Cheektowaga, New York 14227 RE: 129 SOBIESKI STREET APPLICATION: #140880 Dear Mr. Lamparelli: The Zoning Board of Appeals at its meeting of 9/16/09 approved your request for a variance to construct a one - family, two -story dwelling with an attached garage deficient in side yard setbacks at premises 129 SOBIESKI. ",l 1 i# AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851 -4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511 - 117(8) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (5) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 3/17110, the Board's approval will expire and a new application will have to be made. Very truly yours, James A. Lewis 111, Chairman ZONING BOARD OF APPEALS FROM THE CITY CLERK Oct ] 3, 2009 000 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 88 W. Chippewa St 475 Ellicott St RECEIVED AND FILED Business Name Croc Bar Inc Seabar Owner's Name Justin Anderson Sherri Andrzejewsk.i Oct l3, 2009 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION QE-ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64•a(7) of the Alcoholic Beverage Control Law TO: Applicant and Residence Address Communit Board /Munici alit Justin Anderson City of Buffalo 13 Judith Drive Office of the City Clerk orchard Park, NY 14127 Buffalo City Hall RM 1308 Oct 15, 65 Niagara Square 535 Washington St. Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: NYS Liquor Authority Room: 1 2009 1 88 W Chippewa St. Electric Tower Building Suite 303 Oct 15, 10:00 AM 535 Washington St. Buffalo, NY 14202 -< An on- premises liquor license application was filed on June 9, 2009 with the State Liquor Authority for the following premises: Iicant`s Name: Erie OP 3143512 Croe Bar Inc. Premises Address: 88 W Chippewa St. c=) Buffalo, NY 14202' -< f T estimony will be taken trom: the applicant and/or an authorized representative, an individual duly authorized represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at ( 7161 ) 847 - 3060. Individuals who do not pre - register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. DATE=: STATE LIQUOR AUTHORITY , BY: ° � r� Brandon W Noyes, Executive Officer, Zone III FORM: L.d.3 (8105) cb EXECIUME DFr,4,UTf*IKN STATE LIQUOR AITMORHY 30 Ad"mm. a Locd NitemexpW A It I o f mal W CNO irst) _xv�AkvbpW Bn"ver 11amw Apq*ca4*= _eftm thigi for the EstmMiskawal 1dm9M jR ft Natke MMM-1 I - Dam dw, CNijWudtvW offlAs notice was Matted to the Loval Board' ""' 'he 0'4 �=6 1 2 0 0110E LS RWNG MPED TO THE CLERK OTM THI 30 DAY ADVANCE N M F FOLLOWTW3 LOM MUMCIPAIMY OR COMMUNnY BOAFM aff cor"'munky Ho�vd: C S A 1q, NY 5, 'Tt'%*WffUr jbiumbeT of C - *A of Local munxipa y or cmmarvamly n7j" d ATTOMEY R19PS"RUnNG THE AFFUCANT Hit CONNECUMN VICM THE AMJCANTS OffiGINAL IFUMM ON- ALCOHOLIC BEVERAGE UCKX59 APMCA FOR ME ESiTABIRSMUMV RUMUN" M IMS WMWE 6 AHmTW'Y FuEl Haune k� F.L 44-5 7. Mimney's S 230 1t -, - R, THE APPUCA.W VML ME &N ORIGINAL (MRS" AMICA FOR AN ON-PREMSES AMOMUC BED ERW-F- UCK IN ORDER 10 CMDMT - WATMN THE ADEWIM0 ESTAHUSHMIUff - ` HE'TYt'E OF BUMN95S 08SCRORD BEWW - pqwtst of -Okf");L-TA to be S-Ad Un4lf'r tNn P R'eu %-- —01'fj: wnw :fib f1cer ont, wkw� RUO U E Restaurant (&-Jr of FOA FIT-avtm-Restaurant (A mixed -use establishniml [flat FlTm�eim I Uxkrtai) 1.6u nfT, Muft Wkmc t `stand-up Flmd - MT&OU tyrlt�atjjy; Fu)j Food Menu; L-1 has both a si"awn dining area and a frar I Wx (Ak Saks jmil m' -X' Kitchen run by Chef( whew palrons, "IF�l% receive direci deliveries orahmikolt of Cabafvt� l C �nb, Ukk JuIx PaUxm Daqrip-g [] Wgh Ll 11 11 F1 NIttsic Joe Ulm. (Small scaum) jLarge Asa t Fusco: CAutAl ipwra(ma; Opp 4=* r Ewa r ❑ 1 E] qXIbmt, Li 11 E] PwTm"43 Brcauasl L-J [9 n Ng ri ce� N .. U IIA Nor Anna. or vk-,T-k P-pa-d Fl *9�9� Da ys wid uoys. ra hTm � �'= f- m PM. i( ml CAZ em 14 TO To To TO 1 1 AM A741" s 1 L 7 � A, -'lu.0t -- i n AM or ............. .. .... ...... vv""l o�v Fidf!r'L- 4v.'Li-L AT! Nk""'.Y� 6 q -7 'rmt ApptkankNg Fun Nanw, as it apptars in thrajV11calion A kir qh& Om-ftrwams xkaaaak 11"vrax ucmse' & 18- mw vhEq URMW a ow pmvv*k4 fiLmsod Esa�d (dw Tram[ miam ca Vzoposcd Lbteuwd vnq Q•MA� busffmt"l m Iq_ 41c, lbe IrLaffdiug which I-as the f6Wvvdikg sweet - arcs Qly T-4. — vftboe- '4 9 Cwt 21- Xbw poVo5ed Lomnsrd Esgabbsbment wffl be Bocated on the following FRKWEsl 4A Uw buMing at She abowe addm-5* :F( s-, 22- Within the building at the ubm c addm%%� the proposed fAmnsed EsMbhshnTo-pt will be kwatrd within 11w- voumtA numbm fiS fvNFm 23. Business Telephone Number of ftw Applicanf: nv," dw App4aant o-wu me buAdmw, in If `P V F-11T, !93U P iflrmv. No- 2�W, U awswm R U1Yma& W), 2N 2-1- which the pruposed licensed CO to Item No, 29, Ic L Vkzn confinar to Itium No- 24„ I yes ❑ No 1 Ftsablisbrnrat %.-At be tocated? ( 'X7 Wei and ownfacte the reran. arA C&mpk-ze the fom� OWNER OF THE MIMING IN WMCH T"E PROPOSED LICENSED ESrABLISHMENT WILL HE U)CATED 25. ffinklim Ovvnees Full Naffle, is ja,-4A T-, Q,-' 1,X,.j1--LCVAC-r-F �- / VIC) C C-0 "Y1 26- CLL% L6 27 City, Town, or Village. 2ti I Dimjints;s Telephone Number of Raildhig Ow ma-, I _1_� NYATF OF NEW VORK EXKC"lV]E DMAR"W" wi �;A, ff DIVISM% 0FALC7G"0LfCjWVK"GjFC'0NTR0L MATF LIQUORAITMORY" 31-Day Advaom Noticrioa WAcd 111ma ar i "e�w*W» owxd (filrst) ()! A!E*gk Rot*vmer tk*4 Ap@ficW5*w ft ME Elitablisbmmit 1drefirwil in 0& PWi p I" Y. DAW q1W original copy "this vollee was MWW MRIS 30-DAY ADVANCE RXMCK US BMNG XWLFT) TO THE CLERK OF IHIR FDIIAYW%%V. L MUNWICIPAUTY OR COMMUNM HOARD 14 or CdUUW1zARy Rkm at A77ORNEY REPRESMnNG FURAFTUCANTI[N WINNEMIOM WITH TUX 01MINAL (RIMP ON-PREMMES ALCOHOLIC BFWAMGE LICEMSE AFFUCAMN FOR THE MA IUUMMM ICI TMS NO= 6- Ninxibe371s Run uawrx! IM 7- Mt*Mv-f`s,c;11eZ4 Adkv&� 23c) 8- 01y, TVA W v � ME APP1X_ WML [PU,9 AN ORIMHAL EMPSn AMICAMM FOR &N ON-MMSES AW01ROUC WWW,=R MMSE IN ORDM TO CONDUCT- WITHIN THE IDE"FIED 9STABUSHMI&W - THE TYPE OF BUSMESS IDESCME0 REWW 7 of "kkv," 00 be rw-W vmd�_ th,- F.-k-tosr 1 IX 221-1, 0— wine aral Omer ono [A I itapW, wine, and nvc�T l �WA Sale of Food Tave -Reslauraal. (A mixed-use establishment [hat = m ❑ 2! "e ll Food menu; has both a sit-dovvn diniag area and a"stand-upStar L_J Bar jAkaW saksplimarf� - vriam"11two Kitchen tun lky Clicl) where Patrons inay FLN)tive fjirtck dcliveTirs of alroholl Tyw CvE Live f__j Disk Jukt, [] Patron Dancing cabawt. N�gtq Club, Kor 6&5) scaly W CaV) fil(011E, El 1:1 R- WwaL Mimic L_J Gaie israwt ) jIn­&, zxv .0p chuh?n_g, 041; Ewa 11 "d ­g 11 11 ❑ "Xb V,"46125y n I i � 9 h T W1 a 93- 11 Wnt 0 U G70"Auvalts P—P-4 Bays Wid Wilts J ITA L4� 6* g-m L Irv. TO To t�.' . ) im i�� I () er rll� — Ix" �, -mu AA1 IW! AM mkq j_lz I . . . . .............. --------- --- d 1, S(" 9 4 k k �k Ma F vw I &c wi - ,i 0 zfc e r, p �i ". )4 �;7 A �'l 1�1 �17 r 'W �Aj� 9. L___9 16- . ..... . ... ... .... . - 17- The Appucanks VIM Namz, as it appears in theapplhmd A kit dtc OaAlv&ir.�sm Akxe, fk% Ucvnw, w 38- Tbe FUR *am� off fiW wopp" lip F_-"uhawwnt phe TM(ft K,,= UU15fT %sM mA 29- Tft pwgui?c�xd Uvm F Fv i of is loml(td wiiThm lbc tU24h:%A Whch has dw MwAiggowtf &MW-SW T RY zip CWk 21- Thc pioposed Leuenscd B,-ftablish=nt —41 be iumted on the following; gmoq.q ek Ubp buNdiug at the abwrr 22. 'Alfthin the buikling at The aUnr adflres%, the proposed Licensed F,s?abfishnwnt wW be BDva" within the vomnl!d nnuft=-A as K003 *z 2:_ l3rtsaneessTelelthSase Number oftl - 3 3 1 2 Vow Me AWir�anl o-mi the buiWing in _M SMP itvnos Hm 25 28- AUSWER ug�n n 1 0a Z�JK , 24. which the proposed Licensed 00 to Rent XG_ W.;, ,2, Then rmfium= to Itr4n No- 29, yes ❑ NO I "ablMancat will br located? I 'X7 gRtj and Iminpkete the loo i. C"- P%-W 11�e ftwm. OWNKR OF THE MIMING IN WHICH THE PROPOSED LICENSED ESTABUSHMENT WILL BE LOCATED 2s, Ih1J1ding0WnCVS Mill Name i%- 26- Building Ch%mcrs Street Address; L4 '8 27- City, Town, or Village: 7ip 28, 1 Bwsincss Telephone Numb of Building ()Wr&f- No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. j Oct 13, 2009 94 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, T transmit this ecrti6cation of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 10/0212009 COMMON COUNCIL NORTH DISTRICT INTERN IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 11.57 LAST JOB TITLE INTERN VI NAME MICHAEL MAZGAJEWSKI LAST DEPARTMENT COMMON COUNCIL DATE 0912009 ADDRESS 192 CONDON AVE LAST SALARY 10.00 CITY & zip BUFFALO, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX - % LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001- 412002 TITLE CODE NO 1778 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 5011 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: GERALD A CHWALINSKI CITY CLERK DATE: OCTOBER 5, 2009 SIGNATURE OF APPOINTING AUTHORITY; ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4= HUMAN'SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 94 (Rev 7 -07) Certificate of Appointment � tl In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Burialo, I irausink this ce<<ification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Departrnent of Division of to the Position of 10/02/2009 COMMON COUNCIL MASTEN DISTRICT INTERN V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSIFI Open Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN COMPETITIVE Minimum, Intermediate, Maximum, Flat, Dourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 8.00 LAST JOB TITLE INTERN V NAME GREGORY AYERS LAST DEPARTMENT COMMON COUNCIL DATE 0912009 ADDRESS 231 SUFFOLK ST LAST SALARY 8.00 CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL. SERVICE BUDGET ORG, CODE 10102001- 412002 TITLE CODE NO 1774 BUDGET ACCT. OBJ. PROJ. ID PERSONNEL REQ. NO 5009 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: GERALD A CHWALINSKI TITLE OF APPOINTING, AUTHORITY: CITY CLERK DATE: OCT BER 5, 2009 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLI: RK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- . HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment F r� C� to compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Dadinutices of the City of 61iffalo, I transmit this certification of appointment(s) or promotion(s). I ftirther certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 10102!2009 COMMON COUNCIL MASTEN DISTRICT INTERN II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) . Starting Salary of $ 7,25 LAST JOB TITLE LAST DEPARTMENT LAST SALARY INTERN II COMMON COUNCIL 7,25 NAME ALONZO BARNES DATE 0912009 ADDRESS 511 CAMBRIDGE AVE CITY & ZIP BUFFALO, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX- Dl &tr LAST JOB TITLE INTERN II NAME KHADEJAHA BREWER LAST DEPARTMENT COMMON COUNCIL DATE 0912009 ADDRESS 28 DREXEL RD LAST SALARY 7,25 CITY & ZIP BUFFALO, NY 14214 LAST 4 DIGITS OF SSN. XXX - � {, a(, REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 412002 TITLE CODE NO 1771 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 5010 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY. TITLE OF APPOINTING. AUTHORITY GERALD A CHWALINSKI CITY CLERK DATE: OCTOBER 5, 2009 SIGNATURE OF APPOINTING AUTHORITY: " ORIGINAL * 2 COPIES TO. "CITY CLERK (ONIBEFORE APPOINTMENT D ATE OTHER COPIES TO: #3- COMPTROLLER #4 -HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- - DEPARTMENT . #7- DIVISION 98- EMPLOYEE 000 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Oct 13, 20 ©9 #3 (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, I transmit this certification of vppointamnt(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of September 30, 2009 Assessment and Taxation Clerk -- Seasonal Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $$11.11 LAST JOB TITLE Seasonal Clerk NAME Sharone Lewis LAST DEPARTMENT AssessmentfTaxation DATE 2/1/2008 ADDRESS 218 East Ferry Street LAST SALARY $11.11 /hour CITY & ZIP Buffalo, New York 14208 LAST 4 DIGITS OF SSN. XXX -XX -5866 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -X REFERRED TO THE COMMITTEE ON CIVIL, SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 4112002 PROJ. ID PERSONNEL REQ. NO 2008 -120 SALARY RANGE OF POSITION $11.11 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Martin F. Kennel TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: September 30, 2009 SIGNATURE OF APPOINTING AUTHORITY: V vt ° ORIGINAL + 3 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMANSERVlCES1CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE S NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS Oct 13, 2004 00046 Memorandum To: From: Date: R g Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider October 6, 2009 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 5, 2009: 1. Draft Agenda 2, Meeting; Minutes from JSCB Meeting dated September 14, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 29 — August 2009 4. Phase III Application and Certificate for Payment No. 30 --- September 2009 5. Phase IV Application and Certificate for Payment No. 15 — September 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Se;rvicc,s Monthly Report for Addendum I Phase III Project — August 2009 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase IV Project --- August 2009 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III — August 2009 Tor RFFFRRED TO THE SPECIAL is 00047 Councilmember Davis ct From: Sent: To: Cc: Subject: Attachments: September 29, 2009 Joe Rossi {jrossi @WladisLawFirm_com1 Wednesday, September 30, 2009 9:47 AM Councilmember Davis German, Kimberly; Lorenzo,lrma; rmorrisroe _)city- buffalo.com Red Light Camera Project Davis 9.29.09.doc City of Buffalo The Honorable Brian Davis Room 1408 City Hall Buffalo City Hall 65 Niagara Square Buffalo, New York 14202 Dear Councilman Davis: K Jx �l � f I wanted to thank you for meeting with Peter McNerney of Redflex Traffic Systems , Matthew Tynan I on Tuesday September 29, 2009. We appreciate the time you gave us. The red light camera concept is new to Buffalo, although not to Redflex. Redflex Traffic Systems, Inc. is the longest consistently- operating company in the photo enforcement industry. The company, with U.S. operations based in Arizona, has more than 20 years experience partnering with cities on public safety programs. As the industry leader, Redflex has more contracts in more states than any other vendor. Public safety programs range from those in smaller cities with only a few camera installations to larger cities where red light or speed- enforcement cameras are employed at dozens of intersections. We are grateful for your offer to coordinate a meeting with city department heads before an RFP is submitted to prospective vendors. Please let us know when would be best for you, and if we can help accommodate this meeting in any way. Again, thank you for your time. Respectfully, .Joe Rossi The Wladis Law Firm, P.C. 5795 Widewaters Parkway Syracuse, New York 13214 315.445.1700 Office 315.727.6593 Cell 315.251.1073 Fax 'rossir wladislawfi ray. com www. wladislawfirm.com Please consider the impact to the environment before printing this e-mail. << Davis 9.29.09.doc>> l REFERRED TO THE COMMITTEE ONhA VOL10 - OVERSIGHT 06048 I Buffalo Water Board Chairperson: Oluwole MeFoy Vice Chairperson: Donna Estfich CM C William L. Sunderlin 4 Gerald E Kelly I C--) r City Of Buffalo C of Public Works, Parks & Streets 5 Steven Stepniak CO RECOVED AND HLED, N TAT' ER A,.-MERICA TO: Chief Elected Officials Municipal Clerks Planning Board Chairs c/o Municipal Clerk Zoning Board of Appeals Chairs c/o Municipal Clerk FROM: Rachel Chrostowski, Planner DA'11: September 23, 2009 SUBJEC "I AFFORDABLE HOUSING SEMINAR The Erie County Department of Environment and Planning is pleased to announce a tree seminar on affordable housing for municipal officials to be held on Wednesday, October- 21, 2009. This seminar is designed to dispel the myths surrounding fair and affordable housing, and to create an understanding between municipal representatives and concerned community members regarding affordable housing projects in their community. This event is co- sponsored by Erie County Fair Housing Partnership, dousing Opportunities Made Equal, and the Erie County Department of Environment and Planning. Please note that mandatory training requirements for Planning Board and Zoning Board of Appeals members went into effect as of January 1, 2007. Attendance at this seminar will fulfill the mandatory four - hours oftraining required under the law. The Affordable I lousing Seminar will be held as follows: DATE: Wednesday, October 21, 2009 TIME: 4:00 - 5:00 p.m. Light dinner and Registration 5:00 - 9:00 p.m. Presentations LOCATION: Erie Community College - South Campus Building 5, Room 5101 4041 Southwestern Blvd Orchard Park, NY 14127 Attached please find flyers /registration forms. While there is no fee to attend, advanced registration is required, as seating is limited. Registration forms must be received via fax or mail by October 14, 2009. Walk -ins will not be accepted Please circulate this memo and the enclosed flyer to any other municipal officials involved in the planning and zoning process. Please feel free to contact Planner Rachel Chr©stowski at, (716).858-8002 should you have any questions. Enclosure ESE CHVED ANG HLE Edward A. Rath County Office Building, 95 Vranklin Strect, 1 0 Fluor, F3ul`fato, NY 14202 * (716) 858 -8390 * Facsin (716) 858 -7248 ©00 0 Law Office of Joseph G. Makowski LLC. 420 Franklin Street Buffalo, New York 14202 Phone: 716 881 -1890 Fax: 726 881 -0669 jmakowski @aol.com October 7, 2009 flop. David Francyzk President Common Council Of the City of Buffalo 1315 City Hall Buffalo, NY 14202 K e'. Proposed Commercial Slip Parking Garage- Marine Drive apartments Dear Mr. Francyzk: Please be advised that I. represent the Marine Drive Resident Council and Marine Drive Resident Association in connection with their opposition to the proposed construction by the Erie Canal Harbor Development Corporation ( "I:CHDC ") of the 4 -6 story Commercial Slip Parking Garage scheduled to be built on the Site of resident parking at the Marine Drive Apartments. Marine Drive is a residential community of 610 - apartments and approximately 1,000 residents. Many of the residents of Marine Drive are elderly or children. My clients are extremely concerned about the "fast track" which this project appears to be headed in light of the unanswered questions outlined in this letter. On September 14, 2009, ECHDC submitted a request for proposals for the project seeking to retain professional engineering and architectural consultant firms. The RFP responses are due on October 13, 2009. On. September 23, 2009, the Marine Drive Resident Council unanimously passed a resolution which recites: RESOLVED that the Marine Drive Resident Council opposes construction by the Erie Canal Harbor Development Corporation of the Commercial Slip Parking Garage as being adverse to the duality of life of all Marine Drive residents in light of increased traffic congestion, air pollution, noise, crime, and public safety concerns. Following the resolution of the Marine Drive Resident Council members present at a meeting of the Marine Drive Resident Association passed the same resolution. f �i li On September 25, 2009 1 along with several members of the Resident Council and Resident Association attended a Public Information Meeting at Eric Community College sponsored by Foit Albert architectural and engineering consultants to the project. I am writing on behalf of my clients to request that the Common Council refer the matter to the Waterfront Committee to conduct a public hearing with respect to the proposed construction of the Commercial Slip Parking Garage. There are n - iany unanswered questions on the project which warrant Common Council consideration including: Is the Commercial Slip Parking Garage needed'? At the Foit Albert, public information session, Timothy Tielman of the Campaign for Greater Buffalo noted "under utilization" of existing parking ramps servicing Coca -Cola Field, HSBC Center, HSBC Arena, Erie Basin Marina and other adjoining lots. He also noted that the concept of the inner harbor was to create foot traffic in the area. Mr. Tich suggested the need for an alternative parking study. 2. Assuming the Commercial Slip Parking Garage is needed, it would appear that a better location would be on the "commercial side" of the inner harbor in locations such as the former Donovan Building site, the commercial parking ran7p on Perry and Washington, the old "And" site, or the Webster block. 3. From the Foit Albert public information session, it appears environmental review of the Commercial Slip Parking Garage by the Federal Highway Agency is "segmented" which is generally disfavored in the law. On the basis of the Foit Albert presentation, there does not appear to be comprehensive consideration of numerous external considerations including HSBC Arena traffic during hockey games, Buffalo Bison games, the contemplated bridge serving the inner and outer harbor, Erie Basin Marina traffic, etc. 4. There are several unanswered environmental concerns including: • Increased traffic congestion • Increased air pollution • Increased noise • Crime concerns • Public safety concerns 5. The site of the proposed Commercial Slip Parking Garage is on land owned by the Buffalo Municipal Housing Authority. As of yet, the land has not been sold or leased by BMIIA to ECIIDC. Will. Common Council approval be needed for the sale or Lease`? 6. At the public information session Foit- Albert identified a $3 Million local contribution from the City of Buffalo to build the Commercial Slip Parking Garage. Where is this funding coming from? Is the funding ear - marked? Will the Common Council have to become involved to release the local share`? l� 7. Ilow many parking spots need to be reserved for the tenants under the City Charter? The Commercial Slip Parking Garage will be built over existing surface parking. In response io an inquiry at the public information meeting, a representative of Foit Albert stated that the prqjeet is being is treated as a "hybrid" and the current surface parking will be the same for the tenants. under the City Charter it appears the tenants may be entitled to 1.5 parking spaces for each current space. 8. At the Foit Albert public information session there were concerns raised whether the Commercial Slip Parking Garage may have to be subsidized. If so who pays the subsidy? A subsidy will also create an "unlevel playing field" for other commercial parking ramp owners downtown. 9. The Commercial Slip Parking Garage will dramatically alter the character of a residential neighborhood. The proposed Marine Drive site is extremely dense from a traffic/parking perspective due to on- street parking, school buses, commercial vehicles, tenant parking, etc. The Foit Albert public information session showed ingress/egress is contemplated on Marine Drive for both tenants and parking garage users. This raises a significant question of traffic congestion for the area. 10. A 4 -6 story parking garage is larger than a traditional commercial building;. In light of existing zoning for the area, can a 4-6 story parking garage be built on the site'? The issues are complex and require a public conversation. Accordingly, I believe all interested stakeholders in the project including representatives of the Erie Canal Harbor Development Corporation, the City of Buffalo, the Buffalo Municipal Housing Authority, the Federal highway Agency and others be invited to attend any scheduled Waterfront Committee hearing. On behalf of'the approximately 1,000 residents of the Marine Drive community I thank you for your consideration. Very truly, you By: .i" pi. akowski Esq. 0000 ' NEGATIVE DECLARATION NOT ICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: Buffalo Common Council Room 1315 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: Frizlen Group Development Location: 448 Elmwood Avenue, Buffalo, New York. Type of Action: Unlisted - Coordinated Description: The Frizlen Group proposes to undertake the construction of a three- story, mixed -use commercial /residential building at the northwest corner of Elmwood Avenue and Bryant Street. The project will include, but is not limited to, the following: demolition of a vacant KFC restaurant building on the site; site preparation work; construction of 4,500 sq. ft, retail /commercial space at ground level; construction of 12 apartment units on the second and third floors ranging from 950 to 1,250 sq. ft.; site landscaping; public utility improvements; off street parking for eight vehicles; installation of exterior lighting and fencing; sidewalk, curb and driveway improvements. Demolition of the existing structure will be financed by a grant made available from the Empire State Development Corp. under the Restore NY '09 Program. The total cost of the development is approximately $4,000,000. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting 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. Page 2 i r Reasons Supporting This Determination: The few negative impacts identified are primarily due to demolition, site preparation, construction and landscaping activities, which will generate some increased vehicle emissions, fugitive dust, and increased noise levels. These are short -term impacts only that will have a minor effect on the environment, and are not significant in magnitude or effect. City codes and proper construction practices will mitigate potential adverse impacts due to construction and activities. The project will also: remove a substandard structure from the neighborhood; provide high quality housing opportunities for renters; compliment the ongoing revitalization /redevelopment of the Elmwood Avenue commercial strip; facilitate other private investment in the neighborhood and elsewhere in the City; prevent the establishment of incompatible land uses in the area; generate increased tax revenues for the City; substantially improve the visual qualities of the area; eliminate blighting influences and environmental deficiencies; and create new job opportunities for area residents. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and will not, either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact Mr. Gregory Bernas, Assistant Environmental Program Coordinator, Room 920 City Hall, Buffalo, New York 14202 - Telephone: 716- 851 -5083. Dated: October 13, 2009 AnOPTED Please send notice of determination of non- sicinificance to EMC in Room 920, Chairman James Morrell, Planning Board, Room 901 Steven Stepniak, Commissioner of Public Works, Room 502 Soo Kang, Senior Planner Empire State Development Corporation 633 Third Avenue New York, NY, 10017 r a Mr. Fontana moved: That pursuant to Article S of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act (SEQRA), the Common Council hereby adapts the attached Negative Declaration concerning the Frizlen Group Development, located at 448 Elmwood Avenue. Adopted, 5 TAB:smv t:1%vo011iiswordlrmv151 c lO- 13a.doc 00052 9 ne rnmmo C ou nc i l E Legislative Staff Ch i ' T t'� u s oJfik� c Of Ouflafo, NY e CLLCt j Gad oratory F or New Ideas" October '13, 2009 hamcs S. Pajak, Senior U xislative Assistant IV Kevin M. Linder Setdor Legislative Assistants M jiite 13ellfield Mark J..luskkkla Willi 1M 11 1 icata ltilia A. Paul Kai e,, I ) Pl i aleer Jacqueline F Rushton Legislative aide James N. Jackson Gerald Chwalinski City Clerk 1302 City Hall. Buffalo, NY 14202 2010 Capital .Budget Recommendation and 2010 Bond Sale Recommendation dated October 7, 2009 Dear Mr. Chwalinski: As requested by the Coumion Council members present at today's callcus, please lilc the attached corn mElnication for consideration at t the Common Council meeting scheduled for October 13, 2009. Thank. you for your assistance in this matter. Sincerely, MESS. PAJAK Common Council Chief of Staff 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851-5105 Fax: (716) 851-4234 t Mennbership: October 7, 2009 Adam Perry, Lsel. The Honorable Byron W. Brown Clhdir Buffalo City Hall Room 201 JustznAzaredl`a Buffalo, NY 14202 Dominic Bonif€�cio RE: 2010 Capital Budget Recommendation and 2010 Bond Sale Recommendation Diane Broaora Dear Mayor Brown: Andras Garcia The Citizens Planning Council (CPC) in accordance with Section 20-23 of the Charter of the City of Buffalo (Charter) hereby Arnold Gardner, Esq. s to you our recommended capital budget for the 2010 calendar year. Attached to this letter are the spreadsheets outlining the 2010 Harvey Garrett recommended capital budget and the related 2010 recommended bond sale. Additionally, based upon the information provided by City staff, Marsha faekson the CPC has prepared a recommendation with respect to the four -year capital improvement program as required by the Charter. G Kelly The Office of Strategic Planning (OSP) has been successful in Henry Littles complying with Charter benchmarks, while diligently pursuing verifiable data to support the budget requests. The OSP notified all relevant Russell Maxivedl parties of the capital budget process and all were invited to participate, submit comments, and appear before the CPC. We thank all who Samuel Radford appeared before the CPC to enable it to determine a workable 2010 capital budget. lfr4thrrr Robirasora, Jr. The projects recommended by the CPC for the 2010 bond sale Marilyn Rodgers and 2010 capital budget were based upon a variety of factors explained in detail below. The more than $125 million in requests, considering the sales cap of $22.7 million for the City and $4.9 million for the Board of rF The Honorable Byron W. Brown October 7, 2009 Page 2 of 4 Education (BOE), presented a challenging budgeting task. In order to address so many requests with such limited funding, the CPC used its previously established priorities for funding. The classifications considered for ordering projects included those having an impact upon health and safety, annual commitments, the availability of state and federal and other matching funds, and priority projects. The BOE submitted two requests for funding (totaling $4.9 million), both of which fall into the availability of state and federal matching funds category. All funding that has been requested is for reconstruction and improvements at various school buildings that are not included in the current Joint Schools Construction Board (JSCB) program. All projects will receive a 98% match as debt service over the life of the bond and are therefore recommended for funding. In 1998, the JSCB was created to manage the $1 billion reconstruction of the Buffalo Public Schools. The BOE has received sizable investments from the State of New York to complete the multiple phases of the JSCB projects. Throughout this time, the BOE has continued to receive City bond appropriations to make additional improvements. Due to the aforementioned funding allocations, the CPC strongly recommends that the City enter into an agreement with the BOE that would make the BOE solely responsible for maintenance at the Johnny B. Wiley Sports Complex. The Buffalo Fire Department (BFD) and Buffalo Police Department (BPD) made a joint presentation to the CPC. CPC and OSP staff members have worked closely with both departments to determine their most pressing needs and priorities. For the second year in a row, BFD and BPD submitted a request for a new, narrow - band Police and Fire Radio System. This system is mandated by the Federal Communications Commission and must be operational by 2012. To meet the purchase cost of over $5 million, BFD and BPD have secured a $1 million grant and are in the process of applying for an additional $1 million from the Urban Area Security Initiative. In 2008, the CPC recommended funding this item over a two year period. The 2009 Capital Budget approved funding for the system in the amount of $1,775,000, therefore, the CPC recommends bonding the remaining $1,649,000 for the purpose of purchasing the Police and Fire Radio System. Additional funding for BPD's Delaware Park Back --up 911 Center renovation as well as BFD's request for the purchase of fire vehicles /apparatus are recommended due to their impact on health and safety. CPC Members were impressed with the collaborative activities of the BFD and BPD. In order to realize further cost savings through added efficiencies, the CPC recommends the City of Buffalo solicit funding to construct a combined Police and Fire headquarters building. Significant savings can be garnered through the use of shared staff, services, and training facilities that a combined headquarters would provide. A significant energy savings would also be realized through a new, energy efficient, shared facility. The Honorable Byron W. Brown October 7, 2005 �J Page 3 of 4 The CPC discussed the issue of demolitions in the City of Buffalo at length and has decided to recommend funding in the amount of $2,535,000. The request falls under the health and safety category and is considered to be an annual requirement. A number of cultural organizations appeared before the CPC with many worthy requests for building renovations. There was much discussion about priorities and outside funding opportunities. The CPC decided that all of the requests were worthy of attention, but due to budget constraints, most of them could not be recommended for funding. Therefore, the CPC recommends that the Buffalo Arts Council, Buffalo and Erie County Public Libraries, Kleinhans Music Hall, the Buffalo Zoological Society, and the Olmsted Parks Conservancy projects be funded in reduced amounts as outlined in the attached budget. The Department of Public Works (DPW) had by far the largest requests in volume and cost. As previously noted, the importance of health and safety, and the availability of matching funds, were two top criteria for funding recommendations for the 2010 Capital Budget. CPC, OSP, and DPW have worked together to identify the greatest needs and priorities of the Department. Four DPW projects are accompanied by a funding match from state and federal funds and are therefore recommended for funding. These projects are primarily in the area of streets reconstruction. Additional infrastructure improvements on City right -of -ways have also been recommended: DPW's annual commitments included citywide infrastructure improvements, City owned building repair, citywide parks, bridge repairs, and streets vehicles. The CPC recognizes the importance of these annual commitments and recommends that they be funded in the 2010 Capital Budget. Once all of the Health and Safety, Annual Commitments, and Matching Funds projects have been accounted for, there is little flexibility of funding for Priority Projects. Although many of the requests have strong merit, only certain high priority items have been funded after careful consideration. The CPC recommends that these priority projects be funded in the amounts outlined in the attached budget. The CPC realizes that the needs are far greater than the available budget can fund. While we respect the Comptroller's disciplined approach for managing capital debt, the limited amount made available to the City to maintain its infrastructure, buildings, parks, and other amenities is woefully insufficient. The CPC is deeply concerned over the number of projects needing to be done and how this lack of funding will impact the quality of life and safety of our citizens. The CPC recommends that the Comptroller increase the City's capital spending level beginning in 2011. The Honorahle Byron W, Brown October 7, 2009 Page 4 of 4 The CPC is a dedicated group of volunteers selected by the Mayor, Common Council, and the BOE delivering perspectives from many areas of expertise. This group has worked together with the goal of moving the City forward with an efficacious strategic vision and plan for capital expenditures. The members of the CPC look forward to continuing to work with you for the benefit of our City. Respectfully, t Adam W. Perry, Esq. Chairman cc: Hon. Members of the Common Council President of the Buffalo School Board Superintendent of the Buffalo Public Schools Buffalo Fiscal Stability Authority Comptroller of the City of Buffalo Commissioner of Administration, Finance, Policy & Urban Affairs Attachments. 2010 Recommended Capital Budget Five -Year Capital Budget Projection RSE-TERRED To THE- SPECIAL y: EON 3UDGET Project 2010 Buffalo Public Schools bpsl 0001 -Reconstruction of Various Schools bps10002 - Mechanical /Electrical Reconstruction Various Schools TOTAL ......... . . COMPTROLLERS CAP 3, 20 9,_ 000 1,700,000 _ 4,900,000 4 Buffalo Fire Department BFD07001 - Purchase Fire Apparatus 996,170 Buffalo Police Department BPDO8001 - Delaware Park Back up 911 Ce nter Renovation BPD09001 - Police and Fire Radio System 535,000 1,649,000 Common Council DCOM0919 - City Wide - Reconstruction of City Parks System . . ..... DCCM10201 - Ellicott District - Renovation of J. B. Wiley Main Office Building .. . .. .... ....... .... .... . ....... I . . . ......... .... . DCCM10700 - North District - Median Reconstruction - Chatham Avenue - - ---- - - ------ DCCM10701 - North District- Archway Reconstruction - Penhurst Park at Forest Avenue DCCM10901 - University District - Fencing - Roosevelt Park . ... . . . ........... 1,319,232 428,000 . ..... ........ . . 253,512 --------- __ 294,919 58,850 Cultural Organizations ARTS10001 - Monument . Restoration Citywide Libraries - grant match ........... .. BECPL06011 - Riverside Branch Library Restoration KMHO7001 - Kleinhans: Reconstruct Air Conditioning OLM10005 - Martin Luther King, Jr. Park Basin Funding & Casino Rehabilitation Z 0003 - Parkin Lot and Pathway Pavin - 227,090 250,000 ........ . . 22,160 5 _ 2 _ 5 1 7 _ 50 421 240 DPW - Buildings BLDG08007 - District Heat Distribution System Replacement 649,000 Bld909001 - City Hall 463,667 Bldq09006 - Communit _y Centers Bldg09007 - City Service Buildings...._ Bldql 0 04 - City ....... Wide Building Improvements - ts Bldg 10008 - Downtown Ball Park (Coke-a-Cola Field) Reconstruction 642,000 _428,000 374 1 ,500 ------- 266430 , DPW - Engineering & Streets ENGR04002 - Bailey Avenue Bridge Reconstruction ___..._m_.__ --- ENGRO6001 - Citywide Infrastructure Repair/Replacement ENGR07012 - Emergen Bridge Repairs 1 17,700 4,815,000 535,000 ENGR10001 - Fruit Belt Redevelopment - ------ ------- ------ 30,530 EN - Erie Canal Harbor Streets Phase Ill ------------- 5 3,340 214,000 ENGR10006 - Fargo Ave Reconstruction . ..... ... . ENGR10006 - Colivn Estates Road Construction ENGR1 0000 - Porter Avenue Streetscape - Niagara to Symphony Circle DN_G R - 1 — 0 0__ - 1 0 T ra ffi__ c g n a ' I Li ' ft Truck - - ----- - - ---- STRT08002 - Streets Vehicles 64200 214,000 160,50-01 689,600 Demos and Strategic Planning INSP09001 - DEMOLITION OF BUILDINGS/STRUCTURES OSP08002 - Planning Neighborhood Infrastructure-to leverage HUD dollars 2,535,000 1,070,000 TOTAL 22,700,000 COMPTROLLERS CAP PLANNING CITIZENS , 2010-2014 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS 3 Project J 2010 20111, 2012 20131 I 2014 Buffalo Public Schools b s10001 - Reconstruction of Various Schools 3,200,000 bpsl0002 - Mechanical /Electrical Reconstruction Various Schools 1,700,000 O AL 4,900,000 COMPTROLLERS CAP - BUFFALO PUBLIC SCHOOLS 4,900,000 Buffalo Fire Department BFD07001 - Purchase Fire Apparatus J 996,170 2,152,251 1,046,979 2,259,864 1,098 277 Buffalo Police Department BPDO8001 - Delaware Park Back u2 911 Center Renovation 535,000 BPDO9001 - Police and Fire Radio System 1649 000 - _ - — Common Council - DCCM0919 - City Wide - Reconstruction of City Parks System 1,319,232 1,070,000 1,070,000 1070000 1070000 DCCM10201 - Ellicott District - Renovation of J. B. Wiley Main Office 428,000 ' , , , , Buildin DCCM10700 - North District - Median Reconstruction - Chatham 253,512 Avenue DCCM10701 - North District- Archway Reconstruction - Penhurst 294,919 Park at Forest Avenue DCCM10901 - University District - Fencing - Roosevelt Park 58 Cultural Organizations ARTS10001 - Monument Restoration Citywide 227,000 223,000 220,000 2253,000 223,000 Libraries. - grant match BECPLO601 I - Riverside Branch Libra Restoration 250,000 533,997 535,000 535,000 535,000 i3ECPL09003 - East Clinton Branch Exterior Restoration 22,160 5 003 BMOS09001 - Storm Windows (interior) BMOS09003 - Electrical 98,465 98,465 BMOS09004 - Roofin 250,000 91,300 KMH07001 - Kleinhans: Reconstruct Air Conditioning 525,750 96,300 96,300 OLM10002 - Delaware Park — Rumsey Shelter- Rehab 467,590 OLM10005 - Martin Luther King, Jr. Park Basin Funding & Casino 1,819,000 Rehabilitation OLM10006 - Delaware Park (Marcy) Casino — Handicapped 3,210,000 3,210,000 Accessibility, Structural Repairs and Stabilization CITIZENS PLANNING COUNQL 2010-2014 IMPROVEMENTS RECOMMENDATIONS Y ro ect ` Project E 201 0 20 2012 I 2013 k 2014 OLM10007 - Cazenovia Park Casino -- Building Repairs and 1,337,500 Stabilization I ZQ010001 - Maintenance Building-Roof Repair 133,750 Z0010003 - Parking Lot and Pathway Pavin 421 240 DPI - Buildings BLDG08007 - District Heat Distribution System Replacement 649,400 214,000 214,000 214,000 214,040 BLDG08009 - Ci Hall High Ris Elevator Modernization s 2,140 000 2,140,00 B1dg090D1 - Ci Hall B1dg09006 - Community Centers 463,667 463,667 463,667 463,667 463,667 B1dg09007 - Ci Service Buildings 642,000 642,400 642,000 642,000 642,4 BIdg1D004 - City Wide Building Improvements - 428,000 374,500 428,000 374,500 428,000 374,500 428,000 374,500 428,000 374,500 Bldg10008 - Downtown Ball Park (Coke -a -Cola Field) Reconstruction ! i 266,430 DPW - Engineering & Streets l^NGR04002 - Bailey Avenue Bridge Reconstruction 117,700 236,224 236,224 ENGR06001 - itywide infrastructure Repair/Replacement 4,815,000 4,749,790 4,815,000 4,815,0090 4,815,000 ENGR07010 - Cazenovia Creek Slope Walls & Infrastructure 1,070,000 1,712,000 1,712,000 1,712,000 I;NGR07012 - Emergency Brid e Repairs ` ENGR10001 - Fruit Belt Redevelopment 535,000 535,000 535,000 535,000 535,000 ENGR10004 - Erie Canal Harbor Streets Phase I11 30,530 53,340 90,731 ENGR10005 - Fargo Ave Reconstruction 214,000 ENGR10006 - Colivn Estates Road Construction 642,000 ENGRIO008 - Porter Avenue Streetscape - Niagara to Symphony 214,000 Circle ENGR10010 - Traffic Signai Lift Truck 160,500 STRT08002 - Streets Vehicles 689 850,000 850,000 850,000 850,000 Demos and Strategic Plannin INSP09001 - DEMOLITION OF BUILDINGS /STRUCTURES 2,535,000 2,140,000 2,140,000 2,140,000 2,140,000 OSP08002 - Planning Neighborhood Infrastructure -to leverage HUD 1,070,000 1,070,000 1,070,000 1,070,000 1,07 - -- dollars f TOTAL 22,700,000 22,300,040 19,657,669 99,6i'2, 996 18,505,200 COMPTROLLERS CAP - CITY OF BUFFALO 22,700,000 22,304,004 22,000,000 21,900,000 22,300,444 000 - 03 Ms. Jacqueline L. Rushton Senior Legislative Assistant City of Buffalo Common Council 65 Niagara Square, Room 1413 Buffalo, New York 14202 -3318 Dear Ms. Rushton: United Smates D epar x-nent of Stag Washington, D.C. 20520 www,state.gov September 29, 2009 Your letter of .tune 1, 2009 to President Barack Obama has been forwarded to the U.S. Department of` State for a response. We appreciate that you took the time to forward the May 26, 2009 resolution adopted by the Buffalo Common Council. The Obama Administration is committed to helping revitalize the automotive industry in a comprehensive way that results in more jobs, more fuel efficient automobiles and strengthened environmental standards. A key part of this effort involves working closely with General Motors (GM) and other U.S. automakers and suppliers. The Administration does not believe that excluding imports of GM- produced automobiles from China will resolve the challenges GM faces nor that such a decision would necessarily result in a shift of those jobs to the United States. GM has recognized the need for a comprehensive review of its structure, production lines, financing and staffing to determine the optimal means for returning to a position of domestic and global leadership. The United States has no legal basis for denying imports of GM-produced automobiles from China. Moreover, the Administration is committed to pursuing open markets for U.S. goods and services, and doing so in a way that puts other countries' labor and environmental standards on an equal footing; with ours. As a consequence, the Administration does not want to take steps that could result in other countries' closing their ma�kots to U.S. goods and services. The Obarna Administration is receptive to recommendations on the best way to foster a business and investment climate in the United States that encourages manufacturers and service providers to create jobs in the automotive and other sectors. With best wishes, Sincerely, X_ . r. 'F:11"I,III A N D F LE, 0, # :. <Mary Pgnsabene Acting Director Office'& Public Liaison and Intergovernmental Affairs 00054 "IM N PA , r ri 13Uif..DfN'C; F11 October 5, 2009 Committee on Legislation Attn: Chairman Joseph Golombek Room 1308 City Hall Buffalo, NY 14202 Dear Chairman Golombek and Committee Members: R ; 771 BUSTI AVENUE — PROPOSED LANDMARK DESIGNATION The Buffalo and Fort Erie Public Bridge Authority (PBA) as the property owner of 771 Busti Avenue has received notification of the October 6, 2009, Public Hearing before the Committee on Legislation. This letter and attachments constitutes the PBA submission and opposition to designating 771 Busti Avenue as a "landmark." Unfortunately the Buffalo Preservation Board recommendation report to the Common Council did not include the PBA's September 3, 2009, letter to the Preservation Board. It is attached to this letter for the Committee's consideration. Further, the Preservation Board's report, while mentioning the views of some residents supporting the designation, is silent on the PBA attorney's presentation and that of the PBA structural engineering consultant. A copy of the engineering consultant's visuals is attached. The PBA reminds the Committee that the Buffalo Common Council and Mayor entered into an agreement in 2004 With the PBA wherein the City committed to demolish 771 Busti Avenue together with other PBA - owned houses for additional green space and improvements to Front Park. The PBA contributed $2.5 million and performed all the work assigned to it in the agreement. In 2005 the Common Council adopted the "Buffalo Waterfront Corridor Initiative: International Waterfront Gateway Neighborhood Program" which called for the demolition of all the houses on Busti Avenue between Vermont and Rhode Island and conversion to landscaped parkland. A copy of the sketch from the plan is attached. Some members of the Legislation Committee were on the Common Council that approved those documents. It also needs to be understood that the ultimate disposition of all the PBA -owned Busti Avenue properties is not linked to the Peace Bridge project and the expansion of the Department of Homeland Security plaza. Regardless of that outcome the intent is to demolish these houses in keeping with the previous agreement and plans for the benefit of the neighborhood. The PBA would be pleased to respond to any questions the Committee may have. Yours tryly, R[enas General Manager � r : KA M1 - f BUFFALO AND FORT 11.1E PUI31_1C BVIF GE, AUTI K)R1' I 100 QUI.?TN STREET, FORT 1 ON L2I1 3 u 1 1 BRIDGE PLAZA, W.F.FA1.0, NY 14213 -2494 1'1- fC1iNl (905) 871. -16(18 /(776) 884 -6744 Is FLAX. (90 5) 871 -9940 www'peacebridge.com T1Ifi PEACE BRIDGE CROSSING PATJiS BUILDING FUTURES September 3, 2009 Buffalo Preservation Board 901 City Hall Buffalo, NY 14202 Ladies and Gentlemen: RE; 771 BUS T1 AVENUE We acknowledge receipt of the August 18 letter advising us that the Buffalo Preservation Board has received an application to designate 771 Busti Avenue as a City of Buffalo Local Historic Landmark. We understand the applicant to be the Buffalo Preservation Board itself. In response to the form requesting the position of the owner, the Buffalo and Fort Erie Public Bridge Authority (the "Authority ") does "not support" the designation application. 771 Busti has been vacant since 1988. The Authority acquired the property in January 1996. The property appraisal obtained by the Authority prior to purchase stated "The property is in poor overall condition and not habitable. " After acquisition the Authority retained Foit- Albert Associates who, in September 1996, completed a report entitled "Structural Condition Inspection and Site Analysis ". The report included an Architectural integrity Summary which is attached to this letter. A prior report is quoted and states that the structure had, at that time, undergone massive deterioration and visible remodeling. The wrap - around front porch and side porches were removed, windows had been replaced, bricked up, shutters were missing and brick had been replaced or painted over. The author noted that the building was structurally unsound and that "rain was pouring in from not only the roof, but from holes in the exterior wails and exterlor staircases " The report further noted that the "flooring gave way in several locations on the third floor and marry of the walls are collapsing. " BUFFALO AND FORT ERII PUBLIC BRIDGE AUTHORITY 100 QUEEN STREET, FORT ERIE, ON L2A 3S6 ■ 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14213 -2494 PHONE (905) 871 - 1608/(716) 884 -6744 ■ FAX (905) 871 -9940 IA71AISe7 ­1" l The Foit- Albert report concluded that ''There are other residences throughout the City That are Inore sigrificart and still intact that serve as better examples of the Itallanate Style. The demolition of the structure at 771 Bust! Avenue would not significantly detract from the body of architecture throughout the City that preserves this element of style. " In 1997 the Authority commissioned Sear -Brown to prepare a "Reuse Feasibility Study." That study stated: '7n regards to its historic value, the salvageable part of the house is limited to the exterior perimeter walls of the original building which minimizes its retained historic architectural value. The setting and massing of this home as a single unit house amongst a neighborhood has long been compromised with commercialization of the area... " The Sear Brown report concluded: "The. adaptive reuse of 771 Busti Avenue is not a vlable option due to the minimal amount of resources preserved and inherent efficiencies of the adapted facility. " In March of 2009, in conjunction with ongoing discussions with the City concerning Busti Avenue, the Authority retained Clough Harbour and Associates ( "CHA ") to undertake a structural analysis of the Authority's Bust! Avenue properties. With respect to 771 Busti, the report stated that several of the roofs have collapsed and all of the roofs are in very poor condition. A number of areas of the structure could not be safely accessed. The report concluded that: "The overall structural assessment of this entire building is unsatisfactory and the building should be demolished. " The report recommended immediate demolition of the east wing, the north extension of the east wing and the back pantry because of "immediate safety concerns " Section 337 -15.B of the Preservation Board's enabling legislation states that: "Any structure, property or area that meets one (1) or more of the above criteria shat/ also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. " Based on all of the above, the 771 Busti property clearly does not meet the threshold requirements of Section 337 -15.B. f The Preservation Board may not be aware that in 2004 the City committed to demolish 771 Busti Avenue, together with other adjacent properties owned by the Authority as park of an agreement for additional green space and improvements to Front Park and vicinity. As part of this agreement the Authority contributed $2.5 million and performed all the work assigned to the Authority in the agreement. The following year, in 2005, the City adopted the "Buffalo Waterfront Corridor Initiative: International Waterfront Gateway Neighborhood Program" which called for the demolition of all the houses on Busti between Vermont and Rhode Island and conversion to landscaped parkland. It is well known that the Authority's Busti Avenue properties are located in an area that would become part of the new, reconfigured Department of Homeland Security's Customs plaza which is currently being studied as part of the Environmental Impact Statement process. This process has already ruled out alternative locations for a new plaza and just recently the Department of Homeland Security reaffirmed that Shared Border Management is no longer an option. This process also requires extensive review in accordance with Section 106 of the National Historic Preservation Act. Attached is a March 13,. 2009, letter from New York State Department of Transportation to Federal Highway Administration (the project lead agency) describing the Section 106 finding documentation. The Section 106 finding documentation already identifies 771 Busti Avenue property as well as other properties including the Peace Bridge itself, as properties that will be adversely affected by the capacity expansion project. Several Preservation Board members are listed as "consulting parties" on the Peace Bridge Section 106 process and all of this information has previously been communicated to them. The Advisory Council on Historic Preservation (ACHP) an independent federal agency that promotes the preservation, enhancement, and productive use of historic resources, concurs with the Section 106 findings as does the New York State Historic Preservation Office (SHPO). The Authority, while fulfilling its mandate to relieve international border traffic congestion and provide appropriate facilities to meet Department of Homeland Security requirements, also takes its historic preservation responsibilities seriously. The project has been redesigned to reduce the plaza footprint, thereby avoiding as many historic structures as possible and to avoid encroachment into the Prospect Hill Historic District. The Authority has committed to relocating, restoring, adaptively re- using, and maintaining the Hutchinson Memorial Chapel which has been boarded up and been deteriorating for the last five years. In Canada, as part of the new Canadian plaza which involved the relocation of tolls and administration from Buffalo to reduce the size of the U.S. plaza, the Authority incorporated a native museum to display and interpret artifacts unearthed during construction on Authority property. �i 4' The Authority believes the commencement of a landmark proceeding involving 771 Busti Avenue is not productive and not in keeping with the purpose of the Preservation Board. The timing of this effort is clearly designed to somehow elevate this structure to a status where it is hoped to somehow stop the Peace Bridge project. An objective view of the property clearly indicates 771 Busti Avenue is not a viable historic site worthy of landmark status. The Peace Bridge project and new Department of Homeland Security plaza is undergoing comprehensive analysis and study of all aspects of the impact of the project including historic preservation. The project should be given its day with the public, the Mayor and Common Council, the media, and before the scrutiny of other elected leaders and government officials. The project will stand or fall on its own merits. Yours truly; - _ , I& enas General Manager RR /kak Bnctosures cc: Mayor Brown Common Council PBA Board Architectural integrity Spy The structure at 771 Busti Avenue provides an example of an Italianate Residence built circa 1865. The three story brick structure has a two - storey wing to the south and a one-and-one-half-storey wing to the east. The original east wing was subsequently added on to. Initially built as a single family residence, the dwelling was later converted for multi-family use. During this conversion, the interior was gutted and subdivided leaving little remnant of the original nineteenth century architectural elements. In 1980, the City of Buffalo Landmark Commission conducted an Architectural Survey. In this survey, the structure at 771 Busti Avenue was listed as a 'pivotal' building. The survey defined 'pivotal' as an "intact building which has special merit or historical importance. Probably qualifies for listing as a single building ". Since this survey was conducted 16 years ago, the Buffalo Landmark and Preservation Board was contacted to determine the present designation. According to Torn Marchese, 771 Busti is neither designated as a local landmark, nor is it in a designated historic district. The 1980 survey described the building at 771 Busti as being in good physical condition. The building has stood vacant for the past 8 years and, as a result, the structure has not been maintained. The roof and masonry have deteriorated, allowing considerable water penetration and damage. As a result, the wood framing system for the roof and three floors, as well as some structural stud walls and other non- bearing partitions have deteriorated. Carolyn A. Pierce, in "Stage IA Cultural Resource investigation for the Peace Bridge Plaza and Connecting Roadway System," contends that: ..the exterior of the. structure, while.maintaining many of the original characteristics,. has undergone massive deterioration and visible remodeling. For the exterior it can be noted that the wrap- around front porch (and side porches) are torn off; windows have been replaced or removed and bricked up; shutters are missing; brick has been replaced and/or painted over. The massing of the building and the paint covered brick belies a structurally unsound interior condition, particularly on the upper storeys. On the day of our visit to the structure, rain was pouring in from not only the roof, but from holes in the exterior walls and exterior staircases. The flooring gave way in several locations on the third floor and many of the walls are collapsing, with the lathe and plaster missing in many places. For a full account of the physical condition refer to the "Structural Condition Inspection ". The building, as it stands today, no longer represents the 'intact' building surveyed in 1980. The restoration of this structure would be an extremely costly endeavor, with a significant portion of the original fabric being replaced with new material in the process. There are other residences throughout the City that are more significant and still intact that serve as better examples of the Italianate Style. The demolition of the structure at 771 Busti Avenue would not significantly detract from the body of architecture throughout the City that preserves this element of style. M361inporepo.M f . STA'T'E OF NEW YORK OF-PARTMENT OF TRANSPORTATION ALBANY, N.Y. 12:232: www.nysdot.gov DAVEA A. PATERSON ASTRID C. GLYNN GOVVRNOR COMMISSIONER March 13, 2009 Robert M. Davies, Upstate Team Leader Federal Highway Administrafion, NY Division Leo W. O'Brien Federal Budding, Room 719 Clinton Avenue and N. Pearl Street Albany, NY 12207 RE: PIN 5753.58 f 05PR00930 PEACE BRIDGE EXPANSION PROJECT ADVERSE EFFECT DETERMINATION Dear Mr, Davies: Enclosed for your review is Section 106 Finding Documentation for the Peace Bridge Expansion Project. This package of materials was prepared by the New York State Department of Transportation (NYSDOT) to meet documentation standards for an Adverse Effect finding, as outlined in 36 CFR 800.11(e). In coordination with the Federal Highway Administration (FHWA), NYSDOT applied the criteria of adverse effect (36 CFR 800.5(a)(1)) to identified historic properties (architecture) within the Area of Potential Effects (APE) for Altemative 1 B -R5' In consultation with the New York State Historic Preservation Office (SHPO) and the Advisory Council on Historic Preservation (Council), we have made a finding of Adverse Effect for the Peace Bridge Expansion Project, Alternative 113-R5. ADVERSE EFFECT FINDING The assessment of effects for the preferred alternative (1 B -115) takes into consideration the views of the public and designated Section 106 Consulting Party members, articulated though a series of meetings and written comments on previous Section 106 documents and on the Draft Environmental Impact Statement (DEIS), published in September 2007, Based on review of the enclosed Finding Documentation, the SHPO concurred with this finding on October 16, 2008. As notification of the project's adverse effects, the entire package of documentation was circulated among all Consulting Party members on October 17, 2008, FHWA extended the initial 30-day review period to pecember 19,20W at the request of several Consulting Party members. Comments made by Consulting Parties that concern the project itself or social, economic or environmental considerations other than historic and cultural resources will be addressed in the Final Environmental Impact Statement (FEIS). Comments directly relating to the finding of Adverse Effect under Section 106 have been reviewed by NYSDOT and FHWA, shared with the SHPO, and taken into consideration in order to finalize the effect finding, CONSIDERATION OF CONSULTING PARTY COMMENTS 1. Project Description Comments relating to the project description suggest the Section 106 process is compromised by a limited set of alternatives; that Shared Border Management (SMB) may be a viable altemative; and that additional build alternatives with fewer adverse impacts should be considered. While the f=inding Documentation is limited to an assessment of effects under the preferred alternative (1 B- R5), this represents the culmination of several years of screening a broad range of alternatives during the Scoping process, and consideration of a variety of environmental constraints. Specifically, public input was sought to identify and evaluate a total of 53 screening altematives, including locations outside the Peace Bridge Corridor, from Lake Brie north to Lewiston- Queenston. This analysis also considered different options for a river crossing, including the use of existing bridges, new bridges, or tunnels. The evaluation process for the Scoping phase included collaborative workshops that provided the public an opportunity to weigh In on various aspects of the project, including alternatives and potentiat environmental concerns. Historic resources, such as the Connecticut Street Armory, Front Park, and the Peace Bridge itself were part of these considerations. The process grouped similar alternatives, and eliminated those unlikely to achieve the p €ojecfs goals and objectives, with the result that four groups were identified and retained for further evaluation: the existing Peace Bridge corridor, the Intemational Railroad Bridge Corridor, the corridor South of Grand Isle, and Shared Border Management. In 2003, two build alternatives identified within the existing Peace Bridge corridor were retained for further design and study: Alternative 1— Maximize Use of the Existing Plaza; and Alternative 2 -- Relocated U.S. Plaza North. Following extensive study, Alternative 2 was eliminated from further consideration.in 2006. Alternative 1 (18- R3) was advanced for study and presented in the DEIS (September 2007), along with 3 options . developed under Alternative 3 — Shared Border Management. Options under Altemative 3 would have potentially minimized impacts by relocating facilities to Canada. However, due to unresolved issuos and the termination of negotiations between the United States and Canada, Shared Border Management is not feasible at this time, cannot be identified as the preferred alternative, and was therefore not addressed in the Section 106 Finding Documentation (October 2008). Alternative 1 B -R5 was based on the alternative identified in the LEIS as 113 -R3, and incorporates modifications in response to public, agency, and Consulting Party comments concerning project impacts. The FEiS will describe the evaluation process in more detail, including the rationale for generating, evaluating, and eliminating alternatives. 11. Steps to Identify Historic Properties Several Consulting Party members commented on the process of identifying historic properties (architecture), calling for further expansion of the Prospect Hill Historic District boundaries and additional research on potential themes or individual properties. After reviewing these comments, we conclude there is no new information or view that has not been previously received, considered, and addressed. 'ale also conclude that FHWA and NYSDOT, in coordination with the 5HP0, have made a reasonable and good faith effort to carry out identification efforts for architectural resources within the Area of Potential Effects (APE), Over the course of several years, numerous studies were conducted to avaluate and document the significance of architectural resources that may be affected by the project. Following publication of the DEIS A JS historians was undertaken to ful September 2007, supplemental study fa evaluating r he signifi o historic propertie& The proces understand the historic context as a asts m b e ,- s i.,, a s of meetings enhanced by the active participation comments from Consulting Parties reflecting a high level eerestand October 2041 and June 2048, and by written commitment to the history and built environment of the residential neighborhood adjacent to the existing Peace Bridge Plaza. Taking into consideration information, comments, and views offered by Consulting Parties, NYSDQT and FHWA worked closely with the As a m a k e the final l li list h storic properties in application incorporates a numbe�r of changes National Register Criteria for Evaluation. As a resu , initiated by our consideration pt` Co ance h for the historic district ding: the Identification of the P to 11955 rid expo ded bo District, extended period of significance The significance of the district as is ecriodef pattern gnif c was to 1955, reflecting ling s change n th was a factor in establishing gte original boundaries. Therefore, when the p pattern of historical development due to construction of the Thruway and peace Bodge Plana, the district boundaries were expanded to incorporate additional properties built ca. 1940-1 While the views of Consulting Party members and the public were considered, we ackncw le d g l lief ntc of all comments and reca on nba� s of the d stricfs significance and historic integrity 10 encompass the full extent of District were established shed on the . significant resources comprising "a concentration of residential buildings dating to the late 1gul to mid -20 century variety of architectural styles popular during the period ca. 1880 -1955, depicting residential growth representing a and development in the City of Buffalo adjacent. to Olmsted's Front Park and Prospect Park' (Finding pocumentation, Attachment I: Final Eligibility Package) - In consultation with the SHf'C and following National Register standards for defining district boundaries (Bulletin 16a), we assessed visual discontinuities or changes in the concentration of buildings, changes in architectural style or period, and differences in the pattern of historical development. in addition, properties and peripheral areas that no longer retain integrity were excluded from the district. To assess integrity, buildings were f essential physical features that convey their historic identity, consistent with the identified compared in terms o significance and period for the historic district, While there are buildings of similar age located outside the district boundaries, they do not retain the same level of integrity as contributing properties within the district. Finally, in keeping with National Register guidance, the boundaries of the Prospect Hill Historic District enclose the concentration of properties that of contribute are non- contributing The boundaries oft e Prospect Hill concentration into areas where the majority properties re with the SHPO, based on additional Historic District were initia0y07 and documented draft eligibility statement distributed for Consulting review conducted in November 2 , in February 2008. They were not drawn w ct Hill Hista i t fell within the Direct PE and would have been R3, pre in the DEIS, the Pre p ith the plaza subject to direct impacts associated font rint thereby ava ding direct mpacts contributing resources within Alternative 1B -R5 resulted in a reduced p the historic district at its northern end: 751, 753, 757, 759, and 763 Columbus Parkway, As presented in the Finding Documentation, the modified version of the Direct APE reflects these efforts to avoid direct impacts to the historic district. Ill. Evaluation of Project Impact on Identified Historic Properties Consulting Party comments on the evaluatiOn o f project 007 and impacts to Finding historic (October 2008). concerned -,�tith differences between the DEIS (September ) 3 of -- The DEIS clearly stated that Section 106 findings were preliminary, based on information available at that time regarding potential impacts associated with Alternative IB -R3. Since that time, there have been changes to both the preferred alternative and identified historic properties. During the year fallowing the publication of the DEIS (September 2007 to October 2008), additional design work took place in response to input concerning impacts to historic resources and to the entire neighborhood surrounding the Peace Bridge.Plaza, in addition to comments from Section 106 Consulting Parties, consideration was given to public input on the project presented at the public hearing on October 11, 2007, by written comment on the DEIS received November 30, 2007, at a neighborhood workshop held on December 6, 2007, and at a neighborhood meeting on March 5, 2008, With the objective of minimizing impacts, design changes were incorporated in the preferred alternative (1 13-R5). This then became the basis for analysis of Section 106 effects on historic properties. NYSIDOT and FHWA applied the criteria of adverse effect (36 CFR 800.5(a)(1)) to identified historic properties within the APE for Alternative 1 B -R5, and presented the results In the Finding Documentation distributed far review in October 2008. The Finding {Documentation summarizes changes that were incorporated in Alternative 1 B -R5 to minimize visual impacts to architectural resources and to Front Park by providing visual buffering between the historic properties and the expanded plaza through proposed landscape elements along the periphery, lowered elevation of new highway ramps, and design changes to the proposed parking garage. In addition, project designers considered and rejected other proposals, such as covering over the New York State Thruway, as being not feasible and prudent. Concurrent with these efforts to modify elements of the project's design, NYSDOT and FHWA, in . consultation with the SHPO, took a hard took at architectural resources to consider new information gathered through additional research, building inventory, and evaluation of historic properties. Consulting Parry involvement, as documented in section : V and Table 3 of the Finding Documentation, provided extensive opportunity for members to participate in the identification process. With the identification of a single, larger historic district (Prospect Hill), project designers made a concerted effort to reduce the project footpbrit, with the goal of avoiding direct impacts to the concentration of resources that comprise the historic district. The FEIS will describe the development of Alternative 1 B -R5 in more detail. IV. Basis for Project Finding Although a number of Consulting Party members agreed with the Adverse Effect finding for the project, they did not agree with the assessment of effects on Front hark. The focus of this group of comments is on the (DEIS preliminary assessment based an "diminishment of 19 and early 20 century urban residential setting ", and on potential effects of the project on the public's view of the lake and river. In response to requests for additional information on how these views may be altered by implementation of the preferred alternative, the FE1S will provide visual simulations of the Front Park view shed. These simulations will address concerns about visual effects of the new companion bridge and proposed reconfiguration and construction of new ramps adjacent to and outside the parts Boundaries: Ramp B to the northwest; Ramp A to the northeast; and Ramps N, P, and PN to the west and'southwest comer of the park. A. Existing vs. original conditions In accordance with 36 CFR $00.5(0)(1), we applied the criteria of adverse effect to assess the potential for Alternative 18 -R5 to alter the characteristics that qualify Front Parts for the National Register in a manner that would diminish its Integrity. 'faking into consideration that integrity is the ability of a property to convey its significance based on location, design, setting, materials, =workmanship, feeling, or association, the evaluation of proposed changes was made within the context of existing — not original - conditions. Both the National Register nomination and the BwYalo Olmsted Park Systems: Plan for the 21 - Century acknowledge that features of the historic landscape design and original views of the lake and river have teen compromised by construction of the New York State Thruway, Peace Bridge Plaza, and changes within the park itself, including the Porter Avenue entrance and road construction to provide plaza access via Baird Drive. Although restoration of views and landscape features to their original condition is outside the scope of this considered and explore project, options to improve existing views were d during development of the preferred B below alternative. As an example, the Finding D e i o n cites c room Frorii P . to p This optio was not R i corporated grade as a means of enhancing current ws of the due to constructability issues, utility infrastructure risks, high cost, and the potential for significant disruptions to I.-IN, However, Alternative 1 B -R5 minimizes visual effects by replacing the existing elevated roadway with a new Damp 8 similar in height, configuration, and alignment, with the result of no net effect to existing views from Front Paris. Cross - sections GG and HH (f=inding Documentation: of Ram Attac F) compare the existing (193.16 meters maximum) to proposed (193.44 meters maximum) elev ations The relocation and reconstruction of ramps to the north of Front Park, 6.12 feet Below - gradb and outside the park boundary, are proposed to visually buffer the view from Front Park towards the Plaza. The limits of proposed changes, including a landscaped beret. and wall referenced in the Finding Documentation, are outside park character or contributing features of the park. This boundaries, and will not negatively impact of the vi which wh ch includes traffic, parking lots, and buildings on the assessment is based on existing conditions plaza. To minimize visual effects of proposed changes, we anticipate continued input from the t P lut sed Consulting Parties, and the public on the treatment landscape Front e pr will uses shieldin Fro g to reduce the light pol Do lighting in areas adjacent to historic pr o s p , including In summary, the historic significance of Front Parr was recognized early In the Project's development, and the project team coordinated with_the Buffalo.olmsted Parks Conservancy and the City of Buffalo to minimize negative impacts to the park. Proposed changes to meet transportation .rtee. s for,connecting . roadways outside the limits of the park will not cause further negative 'impacts to existing views. To the north, outside the limits of the park, landscape elements are proposed to provide a visual buffer between the Front Park and the Peace_ Bridge Plaza. far With the proposed removal of Baird Drive, Alternative 1 B -R5 eliminates the need Fran #Park to function as part of the regional highway system providing access to the Peace Bridge Plaza, returns 1.4 acres (0.6 hectare) to green space, and provides an opportunity for land scape treatments consistent with the historic character of the park. B. Relationship of Front Park to the neighborhood As a result of design changes made since the DEIS. implementation of Alternative 1B -R5 will result in no direct Impacts to the Prospect Hill Historic District, and no physical loss of historic residential properties adjacent to Front Park on the east and northeast The two residential blocks on Bust Avenue between Porter Avenue and Vermont Street, directly facing Front Park, will remain intact, with improved pedestrian access to the park as a result of the proposed removal of through- traffic on Busti Avenue. Alternative 1 B -R5 will enhance connectivity by incorporating a multi -use path that provides neighborhood access to Front Partr via Niagara and Vermont Streets, entering the park at its northeast comer. On the basis of additional architectural evaluation since publication of the DEIS and further consideration of the historic attributes of f=ront Park and the Prospect Hill Historic District, the Finding Documentation concludes that the historic integrity of Front Park is not adversely affected Pak ands rosident ial p ne igh6arhoad 9 s not supported by residential setting. An historic association between Front the site selection, original design, and construction of The Front (1870 -75) prior to the growth of the surrounding residential neighborhood and period of significance of the adjacent historic district. 'Plithin the context of the citywide park system, Front Paris w distinguished by its �.tnique location , xith t1iews overlooking the lake and river, p toonaln space r documentation, the h stn c formal ignificanc ape e of Front Pak is derived and public events. As stated in the a 8 :3s a component of the entire park system, and not as a neighborhood park. This is supported by {€ie importance of .A tX , the connecting parkways, such as Porter Avenue, and the circulation system within Front Park itself: "To make the park widely accessible to city residents, Olmsted integrated it into the city's carnage, bicycle, and pedestrian traffic circulation" (The Buffalo Olmsted Park System: Plan for the 21st Century: pg 54). Unlike other areas In the City of Buffalo', the Prospect Hill residential neighborhood is not associated with Front Park by design, density, or street layout that convey Olmsted's vision of a transition from parldand to an urban environment. In contrast the Prospect Hill neighborhood is characterized by a street gdd, building density and individuality of architectural expression that share qualities with other parts of the city. While these elements of its setting contribute to the significance of the Prospect (fill Historic District, they do not support a direct association between Front Park and the residential neighborhood as a whole. As described above, proposed changes under Alternative 1 B -RS will improve connectivity between the neighborhood and the park. V. Consultation and Public Involvement In response to a request for additional information regarding how F'HWA plans to address Executive Order 13007: Indian Sacred Sites (1996), we have determined that EO 13007 does not apply to this project, since there Is no "I and or interests in land owned by the United States, including leasehold interests held by the United States" (EO 13007 :1(b)(1)). The land in question, the Peace Bridge Plaza, is owned by the Public Bridge Authority (PBA), not the U.S. General Services Administration, and the federal interest is in the facility itself, and not in the land. We have recognized the comments of the Seneca; Nation and their expressed interest in the project and its potential effects upon properties that the Nation may determine to be of religious and cultural significance. Both the Tonawanda Seneca and the Seneca Nation are actively participating in the project and communicating concerns directly to the project team, due to the sensitivity of information. RESOLUTION OF ADVERSE EFFECTS In summary, we have considered Consulting Party views on the project's effects on historic properties (architecture), and stand by the fi nding of adverse effect present in the en closed documentation. In accordance with 36 CFR 800.6, we respectfully request your concurrence with the enclosed finding for the Peace Bridge Expansion Project, and action to advance next steps towards a resolution of adverse effects. 7 irfee �ly, 1 - i DANIEL P. HITT, RLA [director, Environmental Science Bureau DPHIMCS Enclosures cc: Ruth Pierpont, NYSOPRHPi SHPO ( wlout enclosures) Ron Rienas, Peace Bridge Authority (w/out enclosures) Alan E. Taylor, P.E., Regional Director, NYSDOT Region 5 (w/out enclosures) i �e ftkside'Nest Histonc GisIml, added ?o ti:e 01mOed Parks.and Parks,ays harriatic Resaurc2s in 1986, is historically signirkini far :3s association with Frederick Law Amsted's 1876 r arks and Aeftay Plan for the city of luffalo , ;iaprosantir.g 'a surmiirg elernent of � r stc�I's p lurt d Park^rd'e szit:A ti,irn' 3t'.i;e rerh'rrest szle cf Delaware PidC i irt.Gm3t ?egi3iar &.ciimentabon, P uFside 'Beat ; 1isluse . ,strct. "gib: !`em -t. F;g. 1 ). Photograph 771 -1: West Elevation Photograph 771 -2: East Elevation and back pantry E l c 0 a� w m 3 0 cn c;i ti a c� 0 0 a O O ca 9 as W W t� O s O N et' ti s CL L tm O 0 M Photograph 771 - :Souk face of main modeled hips of ..S a \�\ . J.. 2 » C .. �� \� ....... ... . ........ .. ... M Photograph 771 - :Souk face of main modeled hips of f 1 r Photograph 771 -6: South face of the east wing gabled roof Photograph 771 -7: South face of south wing half hip roof Photograph 771 -8: Collapsed flattened roof over the rear pantry 1, cn ti s CL 2 s� O t a O CL G) O O a r r ti ti s CL a� 0 0 s a Photograph 771 -12 Photograph 777 -73: Northern building extension of the east wing Photograph 771 -14 Appendix K The Buffalo Corridor Management Project PIN 5756.29 Volume 4 Buffalo Waterfront Corridor Initiative: International Waterfront Gateway Neighborhood Improvement Program July 1, 2005 Buffalo Waterfront Corridor .initiative Cityofiiurrafo The Urban Design Project V 0f ice of Slralgic Planning u.6-11V rE s u.rr r+ s,,,i, i,,, - > Firrf,ti'n t t WENEDEL- 0 �& OUCHSCHERER Buffalo Watcrfrout Corridor The City of Buffalo Tht Urhn Dt;ign Projnl uaiymiky ZI BUNIO &Ptt Uui tr$iky of Nm York Weijtltl D"hscherer —4chftom a3a Initial Plaza and Neighborhood improvement Plan PEACE BPJDfE (GATEWAY n11PROVEMENT [Date; 611612464 Ff to NO: 6 V , APPENDIX "The Architectural, Historical, and Cultural Significance of 771 Busti Avenue, the Col. Samuel H. Wilkeson House i. INTRODUCTION The Col. Samuel H. Wilkeson House, located at 771 Busti Avenue, is a 3 -story Tuscan Villa -style structure, built c. 1863, and is part of a row of houses that enfronted the grounds of the former Fort Porter, and later, Frederick Law Olmsted's Front Park. Built for Charles Storms, a manufacturer of grain elevator buckets, the house is the oldest and one of the most imposing in the Prospect Hill neighborhood. The house is a rare example of the Italianate style in an area that was formerly the Village of Black Rock, and is associated with people and events important to the history and development of Buffalo and the United States. The house is Buffalo's single physical link to the city's "founding family," the Witkesons. Col. Samuel H. Wilkeson, who owned the house from 1885 to 1903, was the grandson of Samuel Wilkeson, builder of the city's harbor, early mayor, and judge. Col. Wilkeson was born in 1836, the year the elder Wilkeson was mayor of the fledgling city. Samuel H. Wilkeson; a Civil War hero and later owner and manager of the Wilkeson Elevator, is himself a figure of local and national importance. The house subsequently embodied the aspirations of Italian - Americans, being owned by families that rose to local promi- nence. II. GEOGRAPHICALAND SITE SIGNIFICANCE The Col. Wilkeson House, 771 Busti Avenue, was built to enfront the green fields of Fort Porter and the head of the Niagara River. The majestic siting was later utilized by Frederick Law Olmsted, who incorporated Fort Porter into Front Park. The park, the river, and Lake Erie were visible through the windows of the house. The street on which the Wilkeson House is located was originally designated as Lake Avenue and was part of the Village of Black Rock's orthogonal street grid, oriented to the lake. It was renamed Sixth Street in 1865, when Prospect Hill was a place of resort for the burgeoning city of Buffalo, which had absorbed Black Rock and Prospect Hitt in 1853. The city renamed the street Front Avenue in 1884. In 1894, the street was designated a parkway, with authority over its design and reconstruction given to the city's Park Com- missioners. The name of Front Avenue was changed again in 1929 to Busti Avenue, after Paul Busti, an Italian national who worked closely with surveyor Joseph Ellicott to lay out Buffalo's street grid in 1803 -4. The renaming was consistent with the street's emer- gence as a residential section for Buffalo's Italian upper middle class in the early 20th century. Anthony Guercio and Alfred J. DeBenedetti owned and lived at the house. 111. ARCHITECTURAL ASSESSMENT/ IMPORTANCE The Col. Samuel Wilkeson House was built circa 1863 (no later than 1864) in the Tus- can Villa style. The Tuscan Villa, and other Italianate styles, as promulgated in the United States by Andrew Jackson Downing and his partner Calvert Vaux, was meant to sit upon the landscape as an adornment, a focal point in a picturesque composition. As it ap- proaches its 150th anniversary, the Wilkeson House stands as an embodiment of the as- pirations of Downing for his nation, the builder for himself and his city, and Wilkeson for his legacy. The house is alone in Prospect Hill as the only one of its type. The siting of the house and its imposing massing has made it a familiar feature on the street, the neighbor- hood, and the city since it was built. It is one of the city's finest houses of its type. The house stands with three surviving later houses in a row enfronting Busti Avenue, forming a handsome street wall. Its planar, cubic volume surmounted by a low pitched, hip roof with wide eaves is designed to mark both the land and the social standing of its occupants. Downing (1815 - 1852), in perhaps the 19th century's most influential architectural work, Cottage Residences (1842, with many subsequent editions), offered the Italiante style as a building type America could call its own: "Indeed, we think a very ingenious architect might produce an American cottage style by carefully studying the capabilities of this mode, so abounding in picturesqueness and so easily executed." Vaux, recruited by Downing to form a design partnership, published Villas and Cottages (1857) five years after Downing's death in 1852. In it, he reiterated, in text and illustration, the role of architectural style: "The great charm in the forms of natural landscape lies in its well - balanced irregularity. This is also the secret of success in every picturesque village, and in every picturesque garden, country - house, or cottage." Although its designer is un- known, the Wilkeson House admirably fulfills the prescriptions of Downing and Vaux. The house consists of a three -story main block with a two -story el stepping back and extending south. A characteristic low - pitched roof with wide eaves surmounts the struc- ture, terminating in the base of a cupola, now missing. The el has a hip roof, the ridge of which meets the rear wall of the main block; the front eaves terminate precisely on axis with the eastern edge of the missing cupola, giving clear views to tower from the full frontage and providing for a "well- balanced irregularity." Even without its crown, the house reigns over its domain in benevolent fashion. A two -story gable- roofed wing completes the original house, extending from the rear of the main block. This wing typically would have contained the kitchen on the first floor and servants' quarters on the second. The shallow pitch with wide eaves supported by modillion blocks provides a proper Italianate silhouette. The rear wing has two brick additions, a one -story shed - roofed extension in the rear, and a two -story shed - roofed extension to the northern property line. Neither is tied into the original structure. The eaves of the one -story addition are deteriorated, and the southeast corner has been repaired with reinforced concrete. The entire structure and additions are of orange -red brick. The brick, laid in running bond with narrow mortar joints, was washed or painted off - white. The house rests on a foundation of quarry -faced limestone blocks with a dressed limestone water table on the west and south facades. The house exhibits the balanced composition for which the style is known. The front elevation of the main block is divided into three equal bays, while the front elevation of the el has two bays: each is symmetrical on its own, together, the entry is the cen- ter of a five -bay composition. The main block attic windows, unusually tall for the style, are rectangular with stone sills. The second floor windows are tall, semi - circular arched windows with two -pane sash. The arches are composed of headers which merge seamlessly with Dutch corners. Brick patterns suggest the original first floor windows were identical, but they have been replaced by a single tri- partite window. Indeed, all fenestration retains its integrity save for these windows. Wooden frames with infill panels to accommodate rectilinear aluminum storm windows are set within the molding in front of the north and west fac- ing arched windows. The infill obscures the arched sections of the upper sash from all but the most acute angles. The single south - facing window on the main block is unob- scured. The entry door is flanked by two sidelights and surmounted by a lunette, presently hidden behind a plywood panel. The entry arch is composed of stretchers elegantly merging with Dutch corners. Concrete steps lead to a concrete patio. Uneven weather- ing indicates a missing full -width covered porch; the brickwork indicates this porch was not tied into the main structure, but was structurally independent. The main block eaves are supported by scrolled single brackets. They are rather de- mure and refined compared to those in earlier iterations of the type in Buffalo. The brackets flank the attic windows and mark the corners on the frieze of the main block; elsewhere the brackets are evenly spaced. The frieze and brackets continue on the el. The side elevations are monumental upright slabs, dead plumb after .1.50 years. Fen- estration is pulled to the rear, which thrusts the front facade powerfully forward. The north side has paired arched windows with stone sills on the first and second floors, the left side with an attic window with stone sill matching those of the front facade. A smaller attic window, added later, is above the right -hand windows; two matched chim- neys rise above the roof. The south wall of the main block is pierced by only two win- dows; an arched second floor window with stone sill aligned with the missing cupola, and an attic window with stone sill aligned with the roof of the el. This window was provided with an exterior metal fire escape, now disused and truncated at the second floor land- ing. The south wall of the el is similarly a flat plane. Ample light and air to the narrow wing is provided by front and rear windows. IV. THE STORMS FAMILY. The house was built no later than 9864 by Charles Storms. Storms was a founder of the firm Storms tr Dorer, manufgacturers of copper, tin, and sheet iron. The firm spe- cialized in grain elevator buckets. Their elevator bucket manufactory was founded at 22 Lloyd Street, on the Commercial Slip and adjacent to Prime Street in Buffalo's Canal District. The company later moved to larger quarters at 31-33 Lloyd Street. Important figures in early grain elevator development and engineering, Storms it Dorer patented early elevator bucket designs. A Buffalo Courier article of Sept. 19, 1871, notes their products prominently displayed at the Manufacturing Building at Buffalo's Second Industrial Exhibition in 1871: "The display was...very large and fine, comprising a great many ingenious, valuable and finely wrought samples of manufacture," includ- ing "the collection of malleable iron elevator and clay buckets shown by Storms ft Doren" The Storms, including James, Frank W. and Hiram, lived at 771 Busti Avenue (Sixth Street) until at least 1882. V. COL.. SAMUEL H. WILKESON Col. Samuel H. Wilkeson called 771 Busti Avenue (then Front Avenue) home from 1885 to 1903. The grandson of Samuel Wilkeson, the "Father of Buffalo," Samuel H. Wilkeson owned perhaps, with Gen. Bidwell, Buffalo's most interesting Civil War narrative. He was also a waterfront businessman of wide repute, being the proprietor of one of the city's earliest grain elevators, the Wilkeson Elevator, built in 1858 (destroyed by fire in 1911), at the foot of Washington Street on the Buffalo River. The History of the Niagara Frontier summarizes Col. Wiikeson's importance: "Colonel Samuel H. Wilkeson, whose title was won by distinguished service in the Civil War, long occupied a prominent place in business circles of Buffalo by reason of his ability and en- terprise, and in his career he manifested the sterling traits of an old and honored fam- ily whose representatives were leading actors in events which shaped the early history of this city." Col. Wilkeson, better known as "Col. Sam," answered Abraham Lincoln's call in May 1861, enlisting as first lieutenant in Company H, 21st New York Volunteer Regiment, at the age of 24. These were the first troops raised at Buffalo to quell the Southern re- bellion. Twelve of Samuel Wilkeson's grandchildren, in fact, answered the call and saw action in the Civil War. Two were killed, including Samuel H.'s brother, John Wilkeson, Jr., and his cousin, Bayard. The Buffalo detachment joined others at Elmira and were mustered into the service. After eight months, he was mustered out with his regiment by order of the war depart- ment, but on February 22, 1862, Wilkeson re- enlisted as a captain of Company C, Scott's 900, officially listed as the Eleventh New York Cavalry. On June 24, 1862, Capt. Wilkeson was promoted to the rank of major and on Dec. 24, for gallant action in several raids and actions at Harper's Ferry, and in the Blue Ridge campaign, he was raised to the rank of lieutenant colonel. It was during that time that he did outpost work at Washington and each day named the officers who would escort President Abraham Lincoln around the city. Later, on detached duty, the lieutenant colonel was ordered south, serving with dis- tinction in Mississippi, Louisiana and West Tennessee. He acted as the inspector general in the Sweet Potato raid (Davidson's raid) from November 27 to December 13, a daring adventure in the enemy's country. Another noted raid of the time was the Ripley expedition, which Col. Wilkeson com- manded. The Scott's 900 executed a 600 -mile jaunt over two weeks, devastating the countryside and crippling Confederate supply lines. Witkeson also distinguished himself at Gettysburg, where his command wielded swords to prevent Confederate forces under Gen_ Stuart from linking up with Robert E. Lee. Constant harrying by Col. Wilkeson's command in company with a Michigan regiment of cavalry kept Stuart from turning to Lee's support. In failing to do so, Lee partly accred- its his defeat at Gettysburg. Raised to the rank of colonel, Wilkeson was in Memphis, Tenn., when peace came. He returned to Buffalo and joined his father John Witkeson in the management of the Wilke- son Elevator. John Wilkeson occupied the Niagara Square mansion built by Judge Samuel Wilkeson, the family patriarch, in 1822. After the father's death in 1894 Col. Wilkeson succeeded to the business, instituting well- devised plans for the continued expansion and success of the enterprise. He was long an influential figure in the local grain trade. Col. Wilkeson's younger sister, Maria Louise, moved into the niagara Square manse. The spectacular burning of the Wilkeson Elevator in 1911, several years after its sale by Wilkeson to the Lackawanna Railroad, immediately figured into rebuilding plans for the foot of Main and Washington streets. The Buffalo Express reporting the next day, Aug. 25, "What the flame and water did not do on Wednesday night in the way of bringing down the Wilkeson elevator, a locomotive and cable raid yesterday. The ruins still smol- dered and fire engines were pumping water on them last night. The site of the elevator is included in the plans of the Lackawanna for a new station, so the burning may, in a way, figure in a notable improvement in railroad terminals." In retirement, Col. Wilkeson was an active in the G. A. R. Bidwell - Wilkeson Post, named partly in his honor, the Buffalo Historical Society, and in the charitable work of his church, St. Mary's on the Hill. in 1903, his sister died. Col. Wilkeson moved into the family mansion and resided there until his death in 1915. That manse was ignobly torn down and replaced by a gas station, makin.g. the. stately house at 771 Busti. Avenue. the only remaining tangible link to the Wilkeson family in Buffalo. VI. CONCLUSION The Col. Samuel Wilkeson House qualifies as a City of Buffalo landmark under the fol- lowing critieria, as numbered in the City Code: 1. The Wilkeson House has interest and value as part of the development, heritage, and cultural characteristics of the City of Buffalo and the nation. 3. The Witkeson House exemplifies the historic, architectural, and cultural heritage of Buffalo and the nation. 4. The Wilkeson House is identified with the Charles Storms family and Col. Samuel Wilkeson, who significantly contributed to the development of the City of Buffalo, and with the emergent Italian- American upper - middle class of the 20th century. 5. The Wilkeson House embodies distinguishing characteristics of the Tuscan Villa style, valuable for the study of its period, type, and use of indigenous materials. 7. The Witkeson House embodies elements of design and detailing that render it archi- E tecturally significant. 9. The unique location of the Wilkeson House and the characteristics of Tuscan Villa ar- chitecture combine to make it an established or familiar visual feature within the city. SOURCES: "$500,000 estate: Will of Miss Maria Louise Wilkeson has been admitted to probate: Much to her brother: He gets life use of most of her estate - His children inherit after his death." Buffalo Commercial Advertiser 6 April 1903. "A real soldier of fortune, whose record parallels any of the heroes made famous by Richard Harding Davis." Buffalo Times 15 Dec. 1907. Augspurger, Owen B. °A Buffalo Lawyer Takes Greely's Advice." Paper printed by the Buf- falo and Erie County Historical Society. Buffalo City Directories of 1864, 1865, 1866, 1868, 1873, 1874, 1878, 1879, 1882, 1883, 1886, 1887, 1888, 1889, 1890, 1892, 1897, 1904, 1929, 1940, 1950, 1955, 1960, and 1970 "Buffalo elevator burned." Oswego Daily Times 25 Aug. 1911: 1. "Col. Wilkeson passes away: Won honors for bravery in Civil War and did much for Buf- falo: Result of a fall: Confined to family home in Niagara Square since accident on Dec. 21st: A distinguished family: Buffalo's first harbor built by his grandfather, who made this city a great port." Buffalo Express 13 Jan. 1915. "Gone before: Death deprives Buffalo of an honored citizen: John Wilkeson's career: Sketch of the life of a man who was for many years closely identified with the Life and growth of the city." Buffalo Express 5 Apr. 1894. "How Samuel Wilkeson built the city: Family were fighters - Fought in Revolution, Civil and World wars." Buffalo Times 5 Dec. 1926. Miss Wilkeson left estate of over $500,000: Bulk of her property left to her brother, Samuel Wilkeson, in trust. Buffalo Times April 6, 1903. 10 -3. "Obituary: Samuel Wilkeson." New York Times 3 Dec. 1889. "Old Wilkeson home being torn down: Recalls early social days of Buffalo: Mansion built in 1822 has stood as monument with Fillmore House to that section's prominence in days of Lang Syne - Plans for future." Buffalo Courier 26 Mar. 1915. "Still directing attention to the right..." Buffalo Courier 19 Sept. 1871. Wall, Carl B. "The Wilkeson House stood for race of fighting men, charming women: Great structure built soon after British burned Buffalo by judge who has famous in- scription on tombstone." Buffalo Times 8 Jan. 1937. "What the flame and water did not do..." Buffalo Express 25 Aug. 1911: 1. f "Wilkesons of Buffalo. Sketches of a family that has lived in this city from the earliest days - First of them planned and built the harbor: Old homestead on Niagara Square. Buffalo Express 17 Oct. 1902. Andrew Jackson Downing, Cottage Residences (New York, 1873). Reprinted as Victorian Cottage Residences (New York, 1981). Calvert Vaux, Villas and Cottages (New York, 1864). Reprinted (New York, 1970) Century Atlas Company, Atlas of Greater Buffalo, 1915 (Philadelphia, 1915) G. M. Hopkins Company, Atlas of the City of Buffalo, 1891. (Philadelphia, 1891) G. M. Hopkins Company, Atlas of the City of Buffalo, 1884. (Philadelphia, 1884) G. M. Hopkins Company, Atlas of the City of Buffalo, 1872. (Philadelphia, 1872) r THE PEACE BRIDGE CROSSING PATHS *BUILDING FUTURES r F f I ) C November 4, 2008 i Buffaio City Hall Attn: Common Council Members 65 Niagara Square Buffalo, NY 14202 Dear Council Member i.ocurto: RE.• PRA AND BUSnAVENUEPROPERnES The Buffalo and Fort Erie Public Bridge Authority (PBA) has been made aware that the Common Council at its meeting on October 28, 2008, considered correspondence from the owners of 774 and 776 Columbus Parkway regarding maintenance of PBA owned properties on Busti Avenue. To provide some context, there are nine properties with frontage on Bush Avenue between Rhode Island Street and Vermont Street. One property (775 Busts) is not F owned by the PBA. We demolished the comer property at Bustl Avenue and Vermont Street In 2001. Since that time, the property has been beautifully maintained by PBA With trees, flowers, and lawns. Another of our properties, 783 Bustl Avenue, Is occupied by a federal agency, as there Is not sufficient space on the U.S, Customs plaza to accommodate this tenant. The properties owned by the PBA were acquired by the PBA In the mid-1990's to faciiltate the ultimate expansion of the plaza which was expected to occur prior to 2000. For a number of reasons which are outside the scope of this letter the capacity expansion project has not occurred. The Common Council, through Its ratification of Milestone 2 and the publishing of the Draft Environmental Impact Statement (DEIS), Is aware that these pro per es continue be slated for demolition to accommodate an expanded U.S. Customs and Border Protection plaza. Oftlle the grounds of these properties are maintained to a high standard, we acknowledge that the structures themselves have tome dilapidated and uninhabitable after being vacant for almost a decade and a half. During this time we have worked With neighbors to address concerns as they have arisen. It is important to note that the Peace Bridge parcels abut 12 neighboring properties. The letter you received �+4 BUFFALOAND FORT ERIEPUBLIC BRIDGE AUTHORITY 108 QUEEN STREET, FORT ERIE, ON L2A 3S6 ■ I PEACE BRIDGE PLAZA, BUFFA P140KIF. tonrn R7, - i ena ,,—. — -- - -_ - - Ob 1 I City of Buffalo Attention. All Council Members November 4, 2008 Page 2 represents the views of two neighboring property owners who are also vehemently opposed to the Peace Bridge project, The owner of 774 Columbus Pa was also a party to the lawsuit against the PBA to stop the recent Improvements nts to the U.S. plaza Including the removal of the toff barrier and relocation of the Duty Free which has had an undeniable positive eft a on the neighborhood. We understand the concerns of the City as It wrestles with the demolition challenges of ? abandoned houses In the City and we do not wish to contribute to that problem. We wish to work with the City to resolve this matter, Should It be the desire of the City to remove these vacant structures now, as opposed to later, then we are prepared to do so immediately and landscape the properties in a manner that will be acceptable to the City. I would be pleased to meet with you at any time to discuss this matter in greater detail. I can be reached at 884 -8636 or at r PRIenas General Manager RR/kak cc: Mayor Broom Alida Lukasimft RE" Pier! JW= Comefnrd PBA Board of oared= 3w Gardner, Esq, THE PEACE BRIDGE CROSSING PATHS *BUILDING FUTURES April 10, 2008 Steven L. Pled Building Inspector City of Buffalo Department of Permit and Inspection Services 304 City Hall Buffalo, NY 14202 Dear Mr. Pied. In response to your letter dated March 12, 2008, regarding Authority owned properties on Bust! Avenue, please consider the following as it relates to the Authority's intended use for these assets. The Authority has initiated a Bi- National Integrated Environmental Process (BNIEP) that considers as single action capacity improvements to the Peace Bridge, plazas, and connecting roadways in the Town of Fort Erie and the City of Buffalo. The environmental review is being performed in accordance with the National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA), and the City Environmental Review Ordinance (CERO). In accordance with NEPA, demolition of properties within a proposed project area cannot occur until a Record of Decision (ROD) is reached. The ROD is expected in July 2008 and will identify the environmentally preferred alternative for the project. At that time the Authority will be better positioned to detail the future of the properties noted in your letter. Should you have any further questions or concerns, please do not hesitate to contact me directly. Yours truly, Anthony D. Braunscheidel Facilities Manager t� t� ADB /kak cc: Ron Rienas Apr. 23. 2449 3:05PM April 17, 2009 THE PEACE ORIDGB CROSSING PATHS *B UILDING P UTUR89 Thomas Chwalinski Senior Planner — city Planning Board Executive Secretary °- zoning Board of Appeals 901 Qty Hail Buffalo, NY 14202 F l f E I Dear Mr. Chwalinskh RE: 29v1 JWV A44RD Pr BUC HFARX6 APPIM77ON 197116 (CIOPAOIA) 752 COIF! NODS PARKWAY No. 3785 P. i PAx The Buffalo and Fort Erie Public Bridge Authority (PEA) Is are a butting property owner to 762 Columbus Parkway. As the zoning Board Is likely aware, the PISA Is proceeding with plans to construct a new U.S, Customs plaza to meet the requirements of the Department of Homeland Security. The subject property (762 Columbus Parkway) is within the area required to be taken to accommodate this n plaza a nd Its associated roadways and bufiiering. A copy of the proposed plan is attached. The expansion plan has been well published through the environmental impact statement (E,IS) process. The applicant is fully aware that the subject property Is Included within the piaxa expansion area. Hai&aL ripcord as b 0 vOcINrousbt to the PBA I st year he wanted to move a his toric structure (P -Am muse) Into the expansion area as a means of stopping the Peace Bridge project and stated to the Buffalo News that 'J re fix* compelled to lake SNO ifrat M19htprodFlamers to revise blagvrlrits." The EM process for the Peace .8rld9e project is progressirt with the final environmental cl ab approval (Record of Dedslon) ed in the fall �of 200 9. n approval the PBA►1II be proceeci�i . with property acg isitlorr, Itrd�tding if necessary, tfie u of eminent domain. GWn the above, It would be incongruent to grant approval to allow for the constnoon of a boo stow house defldent In area requirements. General Manager BUFFALOAND PORT ERIEPUPIX BRIDGE A'UMoMTY 100 QUEEN STRUNT, PORT ERIE, ON L2A 356 a 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14218.2494 PHONE (905) 871 - 1608/(716) 884.6744 "PAX (906) 671 -9940 WWI w,lze cebridZU,gom , J i s THE PEACE BRIDGE F CROSSING PATHS BUILDING FUTURES November 4, 2005 Butralo qty Hall Attn: Common Council Members 65 Niagara Square Buffalo, NY 14202 Dear Council Member t.ocurtxx RE; P84 AJV0 BUW AVEIHUEPROPERTIES The Buffalo and Fort Erle Public Bridge Authority (PBA) has been made aware that the Common Council at its meeting on October 28 2008, considered correspondence from the owners of 774 and 776 Columbus Parkway regarding maintenance of PBA owned properties on Bust! Avenue. To provide some context. #here are nine properties with frontage on Busts Avenue between Rhode Island Street and Vermont Street, One property, (775 B I not owned by the PBA. We demolished the comer property at Bust! Avenue and Vermont Street In 2001, Since that time, the property has been beautifully maintained by PBA with trees, flowers, and lawns. Another of our properties, 783 Bust! Avenue, is orxupled by a federal agency, as there Is not sufficient space on the U.S. Customs plaza to accommodate this tenant Me properties owned by the PBA were acquired by the PBA In the mid- 1990's to facilitate the ultimate expansion of the plaza which was expected to occur prior tao 2000. For a number of reasons which are outside the scope of this letter the capacity expansion protect has not occurred. The Common Council, through Its ratlficadon of Milestone 2 and the publishing of the Draft Environmental impact Statement (DEIS), Is aware that these properties continue to be slated for demolition to accommodate an expanded U.S, Customs and Border Protection plaza. While the grounds of these properties are maintained to a high standard, we acknowledge that the structures themselves have become dilapidated and uninhabitable after being vacant for almost a decade and a half. During this time we have worked with neighbors to address concerns as they have arisen. it is Important to note that the Peace Bridge parcels abut 12 neighboring properties. The letter you received �4 BUFFALOAND FORT ERIEPUBLIC BRIDGE AUTHORITY 100 QUEEN S'T'REET, FORT ERIE, ON L2A 3S6 ■ I PEACE BRIDGE PLAZA. BIIERAI n %TV City of Buffal Attention: All Council Members November 4, 2008 Page 2 represents the views of two neighboring property owners who are also vehemently opposed to the Peace Bridge project The owner of 774 Columbus Pa was also a party to the lawsuit against the PBA to stop the recent Improveme to the U.S. plaza Including the removal of the toll bander and relocation of the Duty Free which has had an undeniable posltivve effect on the neighborhood. We understand the concerns of the City as It wrestles with the demolition challenges of abandoned houses in the City and we do not wish to contribute to that problem. We wish to work with the city W resolve this matter. Should It be the desire of the Cry to remove these vacant structures now, as opposed to later, then we are prepared to do so Immediately and landscape the properties in a manner that will be acceptable to the City. I would be pleased to meat with you at any time to discuss this matter in greater detail. I can be reached at 884-8636 or at Yo , R Rienas General Manager f Riykak i Akb Lu bAeWkZ { sWW Pter'i I km � * p e � s /� ComerW Gard W, Esq. •. U �Y THE PEACE BRIDGE CROSSING PATHS *BUILDING FUTURES April 10, 2008 Steven L. Pied Building Inspector City of Buffalo Department of Permit and Inspection Services 304 City Hall . Buffalo, NY 14202 Dear Mr. Pierl: In response to your letter dated March 12, 2008, regarding Authority owned properties on Bust! Avenue, please consider the following as it relates to the Authority's intended use for these assets. The Authority has initiated a Bi- National Integrated Environmental Process (BNIEP) that considers as single action capacity improvements to the Peace Bridge, plazas, and connecting roadways in the Town of Fort Erie and the City of Buffalo. The environmental review is being performed In accordance with the National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA), and the City Environmental Review Ordinance (CERO). In accordance with NEPA, demolition of properties within a proposed project area cannot occur until a Record of Decision (ROD) is reached. The ROD is expected in July 2008 and will identify the environmentally preferred alternative for the project. At that time the Authority will be better positioned to detail the future of the properties noted in your letter. Should you have any further questions or concerns, please do not hesitate to contact me directly. Yours truly, Anthony D. Braunscheidel Facilities Manager ADB /kak Cr Ron Rienas Apr-23. 2009 3 :05PM l April 17, 2009 '1 t THE PEACE BRIDGE CROSSING PATHS BUILDING FUTURES Thomas Chwal)nski Senior Planner — City Planning Board Executive Secretary — Zoning Board of Appeals 901 Qty Hall Buffalo, NY 14202 Dear Mr. Chwallnskl: RE: ZONMGSOARDPUOUCHFARM49 APPLWATIQN 137116 (CVPPOLA) 762 COL 014OUS PARKWAY No. 3785 P. 7 PAA The Buffalo and Fort Erie Public Bridge Authority (PBA) Is are abutting property owner to 762 Columbus Parkway, As the Zoning Board Is likely aware, the PSA Is proceeding with plans to construct a new U.S. Customs plaza to meet the requirements of the Department of Homeland Security, The subject property (762 Columbus Parkway) Is. within the area required to be taken to accommodate this new plaza and Its associated roadways and buffering. A copy of the proposed plan Is attached. The expansion plan has been well published through the environmental impact statement () promss. The applicant is fully aware that the subject property Is included within the plaza expansion area. dalsim record as being vocIferously o P1 2sed to t he PBA la Lost year he wanted to move a historic structure (Pan house) into the expansion area as a meads of stopping the Peace Brldge project and stated to the Buffalo News that 74 compelled to take stWs Char mlglhr prvd pJanrrem to revise 6laWvrints. " The W process for the Peace .bridge project Is progressfrt k h the final environmental approval (Record of Decision) cl ated In the ta li of ?Q#7 . approval the PBA will be praceedl g with property sition, Including If nettrssary, the f eminent: domain. Given the above, It would be Incongruent to grant approval to allow for the construction of a two story house deRclent in area requirements. General Manager r k BUFFALOAND FORT FIREPUBWC BRIDGE AUIORI Ty lOQ QUEEN STREET, FORT BRIE, ON L2A 356 • 1 PEACE BRIDGE PLAZA, BUFFALO, NY 14218249¢ PHONE (9015) 871- 1608/(716) 884.6744 "FAX (905) 871 -9940 grwytv,Fgacalfrid aa.enn4 J GOOD AFTERNOON I' =n why Mecca. `I live at 763 Columbus Parkway one street behind the Wilkeson house. My husband Tony and I have lived in our home- for 35 years. We first rented an apartment there in 1974, fell in love with the neighbor=hood and finally convinced our landlord to sell us the house. We have raised our 3 children there and now have 5 grandchildren who love to play at their grandparents OLD, OLD house. My husband and I are passionate about living in our historic community. We have devoted our entire life together working toward revitalizing this historic district. Preserving and protecting the historical fabric of our neighborhood remains one of our top priorities because we believe in the strength and potential of this beautiful residential lakefront community •-- the last remaining in the City of Buffalo. I have the pleasure every single day to look out my front door and see the history of this city from the 1860's to 1955..How cool is that? I can cross my street walk through my neighbor's lot and in less than. one minute reach out and touch 1864 - the Wilkeson house....VERV COOL. A few months ago I took two reporters from the Swiss Public Radio on a walking tour of the neighborhood. They traveled to Buffalo specifically to see the "community in peril" after reading our story in Nicholai Ousoroff s New York Times Article, Saving Buffalo's Untold Beauty. They told me they wanted to come and witness the architecture before it disappeared. They came to the right house! We walked out my front door, crossed the street, strolled across the lawn and there they were.....in front of the Wilkeson house....a glimpse of the Civil War era in Buffalo that they could examine, feel, experience. What they found really amazing is what so many take for granted — the Wilkeson house and family are a living testament to one of the most important chapters in our nation's history. That it still exists inside of a thriving residential community full of so many unique architectural. gems. They loved the tour — they thought it was VERY COOL. Ladies and Gentlemen, am here today to celebrate the Wilkeson. house and honor the Wilkeson family. Their legacy is deserving of both. The Wilkeson house has stood the test of time for a reason. I believe that land marking the Wilkeson house is the right decision. I hope you agree. Thank you Land Mark 6�k H ring Buffalo Preservation Board Sept. 3, 2009 Room 901 City Hall Good afternoon. �4� 1 My name is peter Joe Certo. My family and I live at 776 Columbus Pkwy. Our property directly abuts the Wilkeson House on 771 Busti Ave. We have resided there for a decade and were instantly impressed by the strong, noble presence of the Wilkeson House. In a neighborhood of distinctive homes, the Wilkeson House is unique among them, the oldest vestige of the first, and only remaining, LaKC-� -kom* ° neighborhood in the city. Whether contemplating the house from my own backyard or passing it while walking the neighborhood, 1 always pause to consider its greatness, its heritage and its undeniable link to the origin of this city. The Wilkesons -- military heroes, entrepreneurs, builders and city officials - -were Buffalo's founding family, and this house remains the single physical link to this city's prime movers: � 4 1 t is for these reasons the Wilkeson House (M eserves landmark status, and I urge you to O# / i grant t such. IWfi 4,(S� lld� yr- L I -z Thank you for your time. Landmark Hearing Buffalo Pftaoft City Hall , �- -- B t lid i d. 3 � - B' i l ti < g % i' . -- t�tv f s F'����s1�Z�v ii7z9� ii %i ii��e.�€3.�7oride on i� i�ril r3ii�ai), a(:.lii� as a � a,���7�rC�it�, sz }� `�' _., year old imother friends Srom assisted Ifving- It was really a beaut l'uI Buffalo da.y, Nlue skies ;a0d 1 , arm breeze. 'f he cruisc itself ovas great. Our captain poillted out the t,ites i €z the harbor and along the river, diseus5;1ng the history of so n any lat.diruark -s. 'olks in their 80 and 90'3 t to sh.a.re, rnen ion'es and I enjoyed ilstL bung uu the recollections of the old days. I brought up thy: is sue of the W?Ikoson Ilous €w and _how rXlciii`y r i; 01ir C(All U1 11A , ty 1 1 ivit the proporty rnl:fCl to be protected. i think folks -I} this: sta€;e' of their lives lake tbc issue e of historic preservation vor p rsona1.►� _ , TI���- reminisced about siginf`ieant building and even whole v , �� � � - ei�l Jt�I114;5 }f�,`: it f3Lf 4f:Ltf �,�,e3f =fib :ong exist becau-.se they didn`t have any def'ende€ Their message to me was clear apd I'll pass it o to you. Just 1 usi - something is old doesn't mcan it has no value. It doesn't necessa lv mean ''progress" to bulldoze an old buildin "o. I.'rescrvation of at, historic. htii. ;`;c ?means respect fbir lhosse wbo pl'ux-Ode cis, f(IT tizeir sacrUices, their acc;o phshrnent.s, their vzslon tin the; : u:lure- i only° these lva,I11; could fall ! A grranes old 11011se, sta11diOle, sitice the I96W-', deservos tc) tic protected reonn fine elelfients and a wfec;ker's hall_ 1 am Melisa HrOlden ;end I live at 757 Columbus Parkway with my husband and my daughter. We have lived in the lovely Prospect Hill neighborhood since December 2006. The Wilkeson House, a stately structure my daughter and I walk past on a regular basis, sits on Busti and overlooks the Peace Bridge Plaza and the Duty Free shop. At one time, not so long ago, this house had a perfect view of the place where the Niagara River and Lake Erie converge, probably the most beautiful part of our waterfront. As my daughter picks dandelions or watches a mound of ants working on a sidewalk, I like to look at the house and imagine it at its prime. The house, although in disrepair, definitely doesn't look so far gone that it cannot be saved. I often think about the fact that there is probably someone out there who would want to restore this house to its former glory. Its architecture is so different from anything else in the neighborhood, or even on Buffalo's west side, that it still stands out even in its dilapidated state. Plus, it has what many houses may not have -- mature trees on its property that, in addition to the cool breezes from Lake Erie, must naturally air condition the house on the hottest of summer days. My daughter still says, as we drive by on the way home from Wegmans or from school, "Why do people want to tear down this house? I wish it were mine so I could paint it my favorite colors." Hopefully, if this structure is landmarked, no one will ever tear it down and instead will bring it to its former glory. Usually, it's our children who can see through the terrible things adults do. I hope that the Common Council will listen to the clear voice of a 5 year old to save this structure. Melisa Holden 757 Columbus Parkway Q V) eace Bridge Aiithority Page 1 of i Home Crossing the Bridge Duty Free Shopping Directions Bridge Authority Capacity Expansion Customs & Immigration Community News Traffic Statistics Contact us D'Offir Con ditiolls Community Sponsorship Program The Buffalo and Dort Erie Public Bridge Authority (the "Authority ") supports and promotes charitable and not - for - profit organizations and events in Buffalo, New York and Fort Eric, Ontario, within an annually budgeted amount. The Authority will support specific activities of community, not -for- profit, civic and business associations which further the mission of the Authority and which assist the Authority in accomplishing the Authority's goals and purposes. These goals include: . Operating, maintaining, repairing, reconstructing, expanding, enlarging, adding to, or replacing the Peace Bridge and related buildings, roadways and structures. FORTUAFFW C'ONDITIONS O YOUR MOIIII... DEVICL, 1IIZt)WSIti TO s�tz�i )il€.ITe.at.el)rid�c.a:ortt " ifa n¢il ixunac iv ldlr Jri,'i �;„ Enhancing friendly relations between the peoples of Canada and the United States by fostering; trade and tourism between the two co ries. . Improving the economic, social and environmental conditions of tite eomununities surrounding and affected by the Peace Bridge. To submit an application for the 2010 program, please download and print the application, complete it, and return it to one of the addresses listed on the application. 2010 [ "Oniniun.ity Spoasoi - ship Application Please note that due to the economic conditions and decline in cross border travel, the budget for the Community Sponsorship Program has been reduced. To help ensure your organization is successful in its application, please make sure that your event meets at least one of the goals described above and on the application, and be sure to be specific when completing the application and include as much detail as possible with respect to each question. Also, please be aware that the Board of Directors is reevaluating ibis program for future years which may include the elimination of the program after 2010. 2004 Sponsorship Program Recipients Adult Literacy Council of Fort Eric Big Brothers Big Sisters of Greater Fort Erie Bridgeburg BIA Community Living ]tort Erie Fort Erie Arts Council Fort Eric - A Community- in-Bloont Fort Eric Family Literacy Event Fort Erie Festivals Fort Fric YMCA Friends of Crystal Beach !friends of Fort Erie's Creeks Head Injury Association of Fort Erie Kinsmen of Ridgeway- Crystal Beach Greater Buffalo Niagara Partnership Hispanic Women's League VIVE, Inc. WARM (Women's Addiction Recovery Mediation) �4 Z009 Buffolowid I <ott Erie hublie Bridgee Auhority eX F'Ab75 # ©zd PTi OCbCfi Y6h - - 19 1i"� 1 : 1, t)t t'1'l�I�,Eta http: / /www.peacebridge .coat /sponsorships.php 912!2009 WILIKESON DOUSE 'q , 771 BUSTI AVENUE SQUIER HOUSE 1331 MAIN STREET s' C The Buff ato Corridor Management PIN 9 July 1, 2005 MOA Mayor Anthony Masiello and P0A Remove Baird & Use Moore as entrance/exit from Porter 1 on; 2 off) Rationalize Intersection at Moore & Vermont usti Improvements: !,,/ educe to two lanes from Massachusetts to Vermont . xpand green strip on plaza side for recreation trail Iemolish boarded-up home on Busti (except 771) WILKESON HOUSE 7 71 BUSTI AVENUE IN SQUIER HOUSE ��,5 1 331 MAIN STREET �1 THE P sACY 13V11:)C;1i CROSSING PATHS I�t, II..DIP <; VUTUR October 8, 2009 Committee on Legislation Attn: Chairman Joseph Golombek City of Buffalo City Hall Buffalo, NY 14202 Dear Chairman Golombek: RE.- 771 BUSTI A VENUE— PROPOSED LANDMARK DESIGNATION Further to the Peace Bridge Authority's (PBA) submission at the Public Hearing on October 6, 2009, the purpose of this letter is to respond to statements made at the hearing. One of the speakers at the hearing stated that there was no signed Memorandum of Agreement (MOA) between the City of Buffalo and the PBA and no City Planning documents that called for the demolition of the houses (including 771 Busti Avenue) on Busti Avenue between Rhode Island and Vermont. These statements are not factually correct. Attached is the October 1, 2004, executed legal agreement between the PBA, the Mayor and Common Council. You will note that Item B6 states "Demolish ,boarded up homes on Bustifreplace with landscaping "and the funding responsibility for the demolition rests with the City of Buffalo. In 2005 this was incorporated into the City's "Buffalo Waterfront Corridor Initiative: International Waterfront Gateway Neighborhood Improvement Program." Both the City plan and the MOA are posted on the City's website. Attached are excerpts from the plan that specifically reference the MOA and the intent to demolish all the houses on Busti Avenue between Rhode Island and Vermont. We are unclear as to how the Common Council can now take an action which violates its own agreement and is not consistent with its own planning documents. Yours . .tr.u.l , `} �Rtr R lenas i 'General Manager REFERRED TO, THE COMM ITTEE ON COMML*N�J]I-Y DEVELOPMENT, RR/kak cc: Members of Common Council Mayor Brown David Rodriguez, Corporation Counsel Gerald A. Chwalinski, City Clerk Jon Gardner, Kavinoky Cook PBA Board P,UI' AL LAND FORT ER1EPU13LIC BRIDGE: AUTHORITY 100 QUEEN STREET, FORT ERIE, ON L2A 3S6 a 1 1'1 ACE BRIDGE PLAZA, BUFFALO, NY 1.4213 -2444 PHONE (905) 871-- 16013/(716) 884 -6744 - FAX (905) 871 -9940 www.peac e.brldge.ccn MEMORANDUM OF AGREEMENT ` This Memorandum of Agreement (this "Agreement ") is entered into as of October 1, 2004 by the City of Buffalo, a New York State municipal corporation (the "City ") and the Buffalo and Fort Erie Public Bridge Authority, a compact entity of the State of New York and the Dominion of Canada, as authorized by the U.S. Constitution, Article 1, and approved by the U,S. Congress by House Joint Resolution 315, 7P Congress, May 3, 1934 (the "Authority "), Whereas the City has proposed the construction of a series of improvements described and depicted in Exhibit A to this Agreement (collectively referred to as the "Project") to enhance neighborhood conditions around the U.S. Plaza operated by the Authority, Whereas, the Authority has agreed to construct a series of improvements constituting a portion of the Project and provide funds for a portion of the Project, Whereas the City has agreed to make best efforts to construct a series of improvements constituting; the remaining portions of the Project and provide funds for a portion of the Project, Now Therefore, the parties agree as follows. I . The Authority will construct the following items identified and depicted in Exhibit A attached to this Agreement (the "Authority Portion of the Project'): Item B-1, Item B- 2, Item B -5, Item F -1, Item F -2, Item F -4, Item P -1 and Item P -2. 2. The City will make best efforts to construct the following items identified and depicted in Exhibit A attached to this Agreement (the "City Portion of the Project "): Item B -3, Item B -4, Item B -6, Item F -3, and Item F -5. 3. The Authority shall provide up to $2,5 million to construct the Authority Portion of the Project. The City shall make best efforts to provide up to $1.5 million to construct the City Portion of the Project. The total cost of the Project is projected to be $4 million. 4. The parties shall meet not less than monthly following the full execution of this Agreement to discuss construction progress and funding. The parties shall mutually agree upon: (a) how and when funds will be expended, (b) the construction schedule, (C) selection of contractors and (d) changes to the Project, including the Secured Improvements (as defined below) . 5. As a means of assuring the City that the Authority will construct the improvements on its U.S. Plaza identified and depicted in Exhibit .A as Item P -1 (the "Secured Improvements "), the Authority will provide to the City a standby letter of credit of M &T Bank or such other bank of its choosing (the "LC "). If upon the 24 -month anniversary of this Agreement the Authority has not substwitially completed the Secured Improvements, the LC may be drawn by the City upon submission to M &T Dank (or such other bark) of the LC together with a sworn affidavit of the Mayor of the City of Buffalo stating that: "The Buffalo and Fort Erie Public Bridge Authority has failed to substantially construct the Secured Improvements on its U.S. Plaza as provided in that certain Memorandum of Agreement dated October 1, 2004 between the City of Buffalo and the Buffalo and Fort Erie Public Bridge Authority with the result that there has been a material breach of such Agreement." The foregoing period ;hall be extended by the duration of any force majuere, which jbrce maji eve shall include acts of God, terrorist attack or legal injunction affecting the Project. The LC shall be issued upon the commencement of construction of the Project. The LC shall terminate upon the earlier of (a) completion of the Secured Improvements or (b) the second anniversary of this Agreement (plus five days). 6. The City will undertake an environmental review of the Project (other than the Secured linproveincnts on the U.S. Plaza) under New York State SEAR. The City and the Authority agree that the City has requested the Authority's participation in, and partial funding of, the Project and that the entire Project may be replaced in connection with a capacity expansion project undertaken by the Authority at a future time upon completion of the Bi- National Integrated Environmental Review Process currently in progress. 7. The parties shall coordinate all press releases and public statements concerning the Project. Upon full execution of this Agreement, the parties shall hold a press conference announcing the Project and the collaboration of the parties to build the Project. S. Concurrent with the execution of this Agreement, the City shall execute and deliver to the Authority the Stipulation agreed to by the parties regarding on going compliance with judicial orders. 9. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York. This Agreement may be. executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the City and the Authority have executed this Memorandum of Agreement with the intention of creating an instrument under seal effective as of the date first above written. THE BUFFALO AND PORT ERIE PUBLIC BRIDGE AUTHORITY By: -f'�' e-- Paul J. K `ssler, Chairman THE CITY OF BUFFALO THE COMMON COUNCIL OF THE CITY OF EU Ali ,---% w By: t 13 y: A.ndiony iv1. Masiello, Mayor Dominic J. o, Or., Conihfon Council Page 2 DEMONE A. SMITH MASTEN DISTRICT COUNCIL MEMIRER 65 NIAGARA SQOA €ZE, ROOM 1316A BUFFALO, NY 14202-3318 PLION€ -: 851 -5145 • I Ak: 851 -5443 E -mail: dsmi(hO)ciry- hu((�ilo.cnrii Websile: bl(L�:�www.ci4y- f��(ftln.corn September 23, 2009 Gerry Chwalinski - -- City Clerk 1.308 City Hall Buffalo, NY 14202 ?.: Sound Basic Education Covenant Dear City Clerk Chwalinski, i LEGISLATIVE ASSISTANTS TIFFANY LCWIS IASI ILNE WHANKS CHAIRMAN EDUCATION MINORITY BLJSINFSS LWERPRISI COMMITTEES COMMUNITY DEVELOPMENT Please file the Sound Basic Education Covenant with the Common Council of the City of Buffialo. Sincerel One Sniit � Masten District Counci.11nember DS /trl 00056 win V.1jo n (f 0 U n ii i City of Buffalo 1 I . Sound Basic Education Covenant J We are requesting that David Steiner, the new Commissioner of Education endorse this Sound Basic Hucation Covenant with the students of the State of New York, many of whom have been consistently denied their constitutionally guaranteed right to a sound basic education, and their parents and families. By supporting this agenda, the Commissioner of Education is embracing the Declaration, sharing in the Principles, and committing to provide the leadership needed to advance the Priorities outlined herein. Declaration: The,fundamental res�.ronsibihfy of the Commissioner of Education is to deliver a "sound basic education" to all the students of the State of Neu= York. The people of New York are entitled to a Commissioner of Education who is committed to educational accountability, who provides leadership and vision, who is committed to full transparency so that all New Yorkers have access to injiVanation relevant to their" children's acaden'lac f lure, and who implements and enforces the law and the Commissioner's regulations in a way that is consequential fir all parties involved As the primary public r?ffaeial rB.1pon.Sdble fDY the education Of New York`s students, the Commissioner of'Education must provide thepublic leadership necessary to ensure that all students have access to their- constitutionally guaranteed right to a sound basic education. Principles: ACCOUNTABILITY: Proven effective practices, effective teachers, and equitable resources to help students achieve the highest possible outcome. At graduation every student should be college, job market, and citizenship ready. LEAI)ERSH.IY: Vision, guidance, support and advocacy to provide a sound basic education for every student. ENFORCEMENT: Commitment to timely enforcement of relevant laws and regulations in relation to all school districts. TRANSPARENCY: Access of parents and community members to the educational process and. to the decision- making procedures of local school districts and the State Education Deparlment. Priorities: I. Broaden the definition of student achievement beyond test scores and graduation rates to include preparation for college, the job market, and citizenship- -which are the objective purposes of the "sound basic education" that is every New York student's constitutional right. 2. Close the achievement gaps related to race, language, income, and disability and require straightforward, clearly understandable, and publicly accessible reporting by school districts within their local communities on actions taken and progress made in closing these gaps. 3. Prioritize the specific deeds of EngtWi language leauiim (ELL) through the creation of a senior' level director who will be responsible for developing and implementing a strategy for increasing ELI, outcomes. Ensure that school districts utilize those state aid formula dollars that are generated based upon Gl..I, enrollment to invest in proven programs and services to support ELL success. 4. Build on the successes of the Contract for Excellence and overcome the shortcomings in its implementation by fully and thoroughly enforcing the law and. Commissioner's regulations including but not limited to, the public disclosure and participation process, student achievement targets, and investing in best practices. Expand this model of accountability to cover more funding resources and more under - performing schools and districts in a manner that ensures effective coordination between and consolidation of planning and accountability tools. 5. Provide early childhood education, starting frown birth with full -day services for three -and four - year -olds as the Board of Regents has envisioned. 6. Provide a rich and diverse educational environment that will provide every student with broad -based opportunities including but not limited to arts education, physical education, high quality after school programs, career and technical education, and transition services for students with disabilities. T Require every school district to identify and deliver the educational resources students need to meet the new requirement that all general education students must earn a Regents diploma to graduate high school to ensure that this new standard is a pathway to success as opposed to a roadblock. 8. Opel) up the process by which decisions are made at the district and state level, by providing real opportunities for parents, students, and community members to provide meaningful input and participate in the process - which requires that they receive substantive information about allocation of :resources_;: school district and school accountability status, educational decision - making, and evaluation and ahalys s_of data regarding resource investments and student outcomes. 9. Convene a Task Force that includes the members of.the Board of Regents, the Commissioner of Education, senior level State Education Department personnel, and representatives of parent and community organizations to monitor and assess the fulfillment of this contract and to generate joint recommendations and action steps to achieve the principles, goals and outcomes outlined is this Covenant . , — 0 THE SPECIAL RFRF yy - s1AN 00 1: tE BUlf_DING t OI.IRI 51KF.E "r' j'iI1ll I.O. VW 1, K'1'_'0) Ii161S91 FAX. 17961 5.3- N 151 ..I l;t7 .`^. 1, 0) I. ATIVL OFFICE" A!HA ?:Y. r59 &1 V,5 -3371 FAX {5181 1 690 _j ;`313 r ' \I14 S E EE;1 !rf61 EN4 -)it19 FAX I'M 84 )8"O October 2, 2000 Mr. Cecil H. People 132 Spring Street(Apt.39) Buffalo, NY 14204 Dear Mr. People, 0j 00 '7 a f1, S� TFIF SENATE STATF OF NEW YORK 1 . CHAIR I N� II'O:1 ;�gf_1'inl C h� SI-;RV.if'li:)N COMMITTEES CIVIL SERVICE. & 111iNSIONS HNANCL II EAU H INSURANCE ANTOINE M. T'HOMPSON 101 A1_C.0VE[,NMEN'r SENATOR, 60TH DISTRICT 1`001RISM, AJ'R EAT ION Fit MPSON NYSGNAI F(,()V b SPL` IS W VLr_uPMEN" A') HONIPSO'i�ISENATE:. S1AT€ AY -EIS VE1 ERANS. 110,101 1...ANT) SE :C URITY MILIT UAFF'AIRS I any in receipt of your letter regarding an incident on August 5 in which you sustained injuries from Police Officer Watkins. Thank you for bringing this to my attention. I have forwarded a copy of your Putter to Councilmember Brian Davis, Buffalo Police Commissioner, Erie County Legislator Barbara Miller - Williams, and Mayor Byron. Brown. I will keep you informed regarding any correspondence over this issue. if I can be of any further assistance please do not hesitate to contact my Buffalo office listed above. 4 ely �e M. Thompson New York State Senator: 60` District CC: Non. Mayer Byron Brown Councilmernber Briand Davis Police Commissioner H. McCarthy Gipson Erie County Legislator Barbara Miller - Williams AMT/,., - P 12 2-009 CECIL H. PEOPLE � 132 SPRING STREET (APT.39) .7 BUFFALO, NEW YORK On August 5, 2009 at approximately 4:45 PM, I was on Jefferson and Clinton Street, when Police Officer Watkins came up to me from behind, without identifying himself and hit me in the left side of my back, causing me excruciating pain. After that he cussed and told me to go home before he arrested me, which he had no cause for. The next day, I could not even get out of bed, I was taken to ECMC, and after hours of waiting to be seen, was told that my back and rib area was much bruised, It is also on file at ECMC. I have been house bound, except for going to my nephew's funeral, which I could barely walk, since this incident, I had and am still having a hard time getting around, I am on pain medication and still in a great deal of pain. I called police headquarters to file a report, and was told Lt. Hartmann would be out to take a statement, because I could not get out because of the amount of pain that I was in and also I am a Senior Citizen. He came about three weeks later took a statement, and also tape recorded it. He told me that my statement would be submitted to the chief of police. I recently called Lt. Hartmann to see if there was anything happening and was told he was waiting for the police officers statement, and to talk to the Police chief. This incident should have never happened, I am a Senior Citizen, and was not doing anything wrong, and I feel that no action is being taken, and it is trying to be swept away, as other cases of Police brutality, because that is exactly what it was! I was minding my own business and was abused by police authority for no reason, because if I did something wrong, I would have been arrested! Cecil H. People REFERRED TO THE SPEDIAL COMMITTEE ON POLICE OVERSIGHT �213A.�1 fE�?�EY IA EOfIlC1'BUH.01 %6 Cis CO11Rf i fI EF''I 11UI FALO NLLVIOI.K :".X2 (716) M (7161 8.,1 30tii aI 00)? N I ,i l TVI, CATIC, 1 `_f3i! €I_J;1'vi; gl�I3A,NY, NEW VORK 1):'.=17 51 &1 4") '1 FAX: 15181 1; ?6 - 6969 J i'71J2, MAIN S E R1 1 :1 NAA1 -Al:A FAI 15 \J'A YOR kl M', i M M4 5789 AX f 7160 28'1 5820 September 28, 2009 Honorable Byron W. Brown Mayor, City of Buffalo 201 City Hall Bu { #'alo, NY 14202 Honorable Brian Davis Council member, Ellicott District 1408 City Hall Buffalo, NY 1.4202 000 �':tl'fl 4k�1K THE SE»ATE ST,VFE 01= NEwYORK ANTOINE M. THOMPSON SENATOR, 60TH DISTRICT il- I�.�P�hi�:;ON N �;F= NATLd:�OV F \3 1 IOA! PSCr %�SE_Iv:1`fF�, c;1:A�i'I::.NY' LJ�; i �t l : CONTAMINATIONIREMEDIATION OF LOTS ON JFF ERSON AVE. Dear Mayor Brown and Councilrnember Davis, - !'OIfR17A1. 41:.C;IiC�::A�'1UN 5P[�1TS UE1�F:Ll3P�bIFN1� %'E1E32A \S Ifl, MFI ANDM- 01RIFY F; MAIA IARY AITAI €.S As you may already be aware, Rayford Enterprises, working in conjunction with Mount Ararat Temple of Prayer, is in the process of constructing a. new multipurpose commercial building on several lots along Jefferson Avenue. There are also plans for more construction in the future, depending on the success of this project. However in a recent meeting with Bishop Dwight. E. Brown, of New Mount Ararat Temple of Prayer, and Mr. Oscar Rayford, CEO of Rayford Enterprises, I was made aware that they discovered possible soil contamination of several of the proposed construction site lots (see, enclosure). Since this recent revelation, the construction has been put on halt. I cannot stress the importance of positive development within our inner city. Nor can I measure the value which a construction project, as this, can. bring to the surrounding Jefferson Avenue COMMunity. As such, I write you this letter, not only as a show of support for the project, but also to implore a joint effort to help rernediate the possible soil contamination. E E R EF." T0 THE COMM" ON MUNFa ` L P ENT. RE: CONTAMINATION /PEMVDIA HON Or: LOTS ON JEFFERSON AVE. I NYSTATFsENAIT I SFNATOR A_ THOMPsON CJ CHAIR iNVIRO? I'NIAI COi COM MITTEES CIV11- SFRV &CE F; PFN',IONS HFAI 1 f I \SlfiL�NCi�: - !'OIfR17A1. 41:.C;IiC�::A�'1UN 5P[�1TS UE1�F:Ll3P�bIFN1� %'E1E32A \S Ifl, MFI ANDM- 01RIFY F; MAIA IARY AITAI €.S As you may already be aware, Rayford Enterprises, working in conjunction with Mount Ararat Temple of Prayer, is in the process of constructing a. new multipurpose commercial building on several lots along Jefferson Avenue. There are also plans for more construction in the future, depending on the success of this project. However in a recent meeting with Bishop Dwight. E. Brown, of New Mount Ararat Temple of Prayer, and Mr. Oscar Rayford, CEO of Rayford Enterprises, I was made aware that they discovered possible soil contamination of several of the proposed construction site lots (see, enclosure). Since this recent revelation, the construction has been put on halt. I cannot stress the importance of positive development within our inner city. Nor can I measure the value which a construction project, as this, can. bring to the surrounding Jefferson Avenue COMMunity. As such, I write you this letter, not only as a show of support for the project, but also to implore a joint effort to help rernediate the possible soil contamination. E E R EF." T0 THE COMM" ON MUNFa ` L P ENT. RE: CONTAMINATION /PEMVDIA HON Or: LOTS ON JEFFERSON AVE. I NYSTATFsENAIT I SFNATOR A_ THOMPsON CJ J %I `S PA A I 10� -1:.Y S rAi F OfTkF BLJ;I UINC t>(OIJhI. 1R 1.T WA fAtQ NLAV)t)hh 1 06) 854-870') i AX I M1 ,`3'5. 3051 J2C?O \d (2 .Glf.x ;iA GI 1t't_ €5`MI AM; ALBANY. NF_AV l {lIZK 1;147 I AX_ 151N) 41 ol)( J 1902 MAIN `;PKI::Ii:'1 NI:AG %FALL °S, NrEV 1(_TT 1 17161 I1%X.17f$]SJ -i$20 4 ( i� �Y 3sraiss ,w ..., ST,NFE: OF NL:W YORK ANTOINE M. THOMPSON SFNATOR, 60TH DISTRICT 1IIONIP1 'ON IT (-!(.)v Al L ES IM:..NY1J5 �t f 1 CHAIR PIiVIRON:`Ot ' NTAL CO. 51:.:1 %IX[Ii)%l COMMITTEE UVII. _ [J , N. "Nisk)k15 I I FAI_TI I .S IRANC E W(AL GOVERiN! 11 i%f f' )U[ €,+ PIJ I UIUN SF fPlSI }FVLlOPMEN "I ti'1_:Tti1.;1N5, f IC)�tE =LA \ED SI;CURfTY �; %11111ARYAFFa11RS Upon review, if your office could please contact us with some possible recommendations, it would be very much appreciated. In the meantime, should there be any questions o1' concel please contact Mr. FritzGelald Tondreau, at my office. He can be reached at 716- 854 -8705. Sincerely, ntz3inc M. `hhalt�psorT State Senator cif New York €BO District Cc: Oscar Rayford, President (T Rayford Enterprises, Inc., 281 Exchanw- St., Buffalo, .NY 14.204 Bishop .Bro«-n, N'e Moult Ararat Temple of Praycr, 938 JcffCrson Ave., Buffalo, NY 14204 I`IIclosure: list cif all relative lots and their respcctivc owners. AMT /fgt RE: CON'FAM]NA7'IONi'RFMIt l)IATiON OF LOTS ON J[iI'FURSO N AV[. I NY S,TA"1 F SI =NATI I SIN 1TOR A. Tl IOMPSON 2f tJ ti Me mo ra ndum To: Senator Antoine 't'hompsoil's Office CC: Artention :Fritz From: Bishop Dw;gh, P. Brown, New,, Mt. A,ami Jf empty cif Prayer Date: 9/22/2W9 Re: Phone call loom SQptembar2 Dear Senator. AS per Oscar Rayford the list of properties and their owne are: 992 Jefferson Avenue — La Oonna feaster 1000 .lefersoxa Avenue Early Dixon Jr. 1006 Jefferson Avenue — Early Dixon Jr. 1008 Jefferson Avenue — Lemur H. Steed 1010 Jefferson Avenue -- City Of Buffalo 1016 Jefferson Ave — 84 Group Inc, 101 Jeffer Avesnuo -- New Mt_ A 1022 Jefferson Avenue — Ci of rat 1 ample of Prayer . City �u1falo . 1024 Jefferson Avenue New MI. Ararat Temple of Prayer 1026 Jefferson Avenue — City of'Buffato 1028 Jefferson Avenue — Cleveland Sheared 1 030 Jefferson Avenue ` City of Bugalo 1032 JefJarson Avenue — City of Buffrtlo 1034 Jefferson Avenue — New Mt. Ararat Temple orprayer 1046 Jefferson Avenue — New Mt, Ararat Temple of Prayer 1048 Jefferson Avenue — James Plarski 1050 Jefferso Avenue City of Buffalo 363 Best Street City of Buffalo 369 Bast Street - City of $utt'a10 Please Scot f to contact the office of Than you for y time. New Mt_ Ararat Temple of at 716 -885 -7755 Than Leah Wafford Church Secretary d ..1 J i, 1 Ir a .. ,te r.. !� ;" Y �! 1 7 L0 39Vd 469£ 3DI33C1 X 303J 8E84- 4Ze - -9TL 0£ 4T 60OZ /7-Z /60 Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 59 PASSED October 13, 2009 Appt Data Control Clerk (Perm)(Max)(Miranda)(Compt) Gerald A Chwalinski City Clerk oe �-Z W8 R i3o 6001 000 Appt Data Control Clerk (Perm)(Max)(Miranda)(Compt) (c(;p# 10, 9129) Mrs Russell moved That Communication 10 of September 29, 2009 be received and Piled and that the Permanent Appointment of Helen A. Miranda, 7 Susan Lane, Buffalo, NY 14220 at he Maximum Salary of $36,164.00 is hereby approved. PASSED AYES - 9 NOES - 0 I � k�� : Recommended by the Committee on. Civil Service'( � L'-' A OVED P P R, - CIT 2 G 200 [MAJ- 5] [ 2/3 - 61 [3/4- 7) *AYE* NO DAVIS FONTANA * FRANCZYK * GOLOMBEK KEARNS LOCURTO * RIVERA * * * RUSSELL SMITH * q * 0 *. 00000 Appt Assistant Corporation Counsel II(Quinn)(Perm)(Min)(CC) Ccp# 25, 9/29 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 0006:1 �t o i` Notices of Appointments Temp /Prov /Perm Ccp# 33, 4/29 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED � l 1 Recommended by the Committee on Civil Service l FINANCE (Michael P. Kearns, Chairman) ©0062 f 3 _ Audit Report-Gun Buy Back program 8115109 (Comet) Ccp# 8, 9129 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance ,x ©©©6 Third -Party Notification Requirement (Item No. 127, G.C.P., Oct, 30, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That this Common Council hereby requests the Law Department to review all City Contracts and Agreements for the operation and management of City facilities and ensure that a third -party notification clause is included therein, and in those cases that such a requirement is not contained in the respective terms, that an addendum ne Negotiated to require such notification; and That the Acting Corporation Counsel report back to this Common Council upon the completion of this directive as stated in the above communication. ADOPTED e _ Recommended by the Committee on Finance Chairman TAKnov 'rA%kV60\mswor&rmvt127c 10- 30c.doc .S COMMUNITY DEVELOPMENT (Michael J. LoCurto, Chairman) City Clerk's Department BUFFALO October 16, 2009 HON, BYOWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 64 PASSED October 13, 2009 App to Transfer Two Homes in Sycamore Village Subdivision (hrg 10113) Gerald A Chwalinski City Clerk R :z Wd R 100 6001 M]10 X110 0 T1 I :i APP i TO TRANSFER TWO HGPYI S IN SYCAMORE VILLAGE SUBDIVISION (HRG 10113) Mr. Fontana moved to open the public hearing Seconded by Mr. Davis. Carried Appearances Francisco Guzman -BURA Councilmember Davis Mr. Fontana moved to close the public hearing seconded by Mrs. Russell Mr. Fontana moved to Approve above item Seconded by Mr. Kearns Mr. Kearns 00004 f j Transfer Two (2) Homes in Sycamore Village Subdivision (Item No. 57, C.C.P., Sept. 29, 2009) That the above item be, and the same hereby) is returned to the Common Council without recommendation. Mr. L,oCurto moved: That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which are subject to approval of Agency Legal Counsel. Transfer of title of Lot 2, 381 Sycamore Street to Kathy W. Lassiter for the amount of $150,000.00 and transfer of Lot 13, 15 Sydni Lane to Brian and Alexis Hawkins for the amount of $193,000.00. Passed. Je Recommended b the Committee on Comm i y Development _ -- Chairman "" DO '. TABinny t1wp60�mswoTdlnnY157c9- 29c.doc Vi u" 11 E D OCT 2 6 2009 *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH ------------- [MAJ- 5] 9 0 [2/3 - 6] [3/4- 7] 000615 Transfer Two (2) Homes in Sycamore Village Subdivision (BURR) (Item No. 30, C,C.P., Sept. 29, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item. be and the same is hereby received and filed. Adopted. Recommended by the Committee on Community Development _� _ Chairman -- — TAR rnry t:hvp6Mjnswcrdlrmv1300- 29c.doc 0006k) M. LoCurto -Frank Lloyd Wright's Darwin D. Martin House Complex (#l5, 9/15) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 0006 Year 34 CaD x 11WIity Development Quarterly Reports 2/1/09 4/30109 ( #50, 9 /1) That the above item be the same and hereby is Received and Filed. ADOPTED 4 /I %f Recommended by the Committee on Community 4 ZoAf 00068 M. Kearns-F. Lopez-Neighbors for Progress (837,5/12) That the above item be the same and hereby is Received and Filed. ADOPTED t Recommended by the Committee on Community Developmen - _ LEGISLATION (Joseph Golombek Jr., Chairman) City Clerk's Department BUFFALO October 16, 2009 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED October 13, 2009 Req Approval Buffalo Landmark Designation 771 Busti (Pres Bd)(hrg 1016) Gerald A Chwalinski City Clerk OZ :� 14d 9� DOfifloz 00®69 Proposed Landmark Designation — 771 Busti Avenue (the Wilkeson House) (Item No. 29, C_C.P., Sept. 29, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Uolombek moved: That after the public hearing held before the Committee on Legislation on October 6, 2009, 771 Busti Avenue, the Wilkeson House be, designated as a local historic landmark, pursuant to Article V, Section 337 of the Preservation Standards of the Buffalo Code; and That this designation is made upon due consideration of the reports of the Buffalo Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set forth in the reports of the Buffalo Preservation Board and its Landmark Designation Committee; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. Passed Recommended by the Committee on Legislation TAB_rmv 1:\wp60iii:3 vor(Rniiv\29c9- 29c.doe *AYE* NO * DAVIS FONTANA * * * FRANCZYK * * * GOLOMBEK KEARNS * * * LOCURTO * * * RIVERA * * * RUSSELL * * * SMITH * * * * * * [-------- - - - - -] [MAJ- 51 * 9 * 0 [213 - 6] [314- 7] 00070 ,. T_ Briatico, Petition to Use 194 Maple — Parking Lot (Item No. 16, C.C.P., Sept. 15, 2009) That the move item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the p li hearing bef re the Com ' ee a Legislatio on September 22, 2009,ie pe ition of �n ico, a t, for per psi tau 194 Maple Strut for a parkin lot on 2 arc on Map reet which adjoin a commerc parking lot /at 933 'ch an Avenue b , and hereby is approved. Passed. Recommended by the Committee on Legislation Chairman TAB - .rmv t:hvp60\msNvor&:mrvV 6e9- 15e.(Foc r Mr. Golombek moved that the above item be recommitted to the Committee on Legislation 0 1 r} E 0007 rs t. T, Briatico, Petition to Use 243 Maple — Parking Lot (Item No. 17, C.C_P., Sept. 15, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: Th Vtion lie hearing be e Committee o eg' anon on Septemb r 2 e tio Briatic agent, fo permissio 03 Maple Street f : a i arki be, and hereby roved_ Pass ed ,_ Recommended by the Committee on Legislation q p A Chaiirman TAB:rmv t:i" 70- I5c.doc Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. 0007 B. Baun ker, Petition to Use 517 Niagara Street — Pole Sign (Item No. 80, C.C.P., Sept. 1, 2009) (Item No. 49, C.C.P., Sept. 15, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: the�on of . umker, a t,,for permissio use 5l7 ag a Street for a 20 1 h n le rn h a 10 x 7 x acce ory be ,/And here At�rove . Recommended by the Committee on Legislation � l - Chairman TAB:rmv t:lc ns , Lvor&l miN 1$c.doc f -- - )C ' A - N� Mr, Golombek moved that the above item be recommitted to the Committee on Legislation 0007. f V .: S. McCarthy -Req for Handicap Pkg -595 Delaware Ave ( 456, 9115)( #66, 7/21)(#99,9/1) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation ?t City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO - s. Pursuant to the provisions of Section 3 - of the Charter, I present herewith the attached resolution item. No. 74 PASSED October 13, 2009 Food Store License (New) 1270 Clinton (Fill)(EDI'.1)( #40,9/1) Gerald A Chwalinski City Clerk U :Z Wd 9z 100 600Z MI IIJ11) 0 - 1 11 -� 0007 Food Store License -- 1270 Clinton (item No. 40, C.C,P., Sept. 1, 2009) (Item No. 53, C.C.P., Sept. 15, 2009) That the above; item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Coda, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ahmed Alokam d /b /a Clinton Express located at 1270 Clinton with the following conditions: I. That the hours of operation of the store should be 7:00 am to 10:00 pm. 2. 'That NO sale of drug paraphernalia be permitted. 3. That NO outdoor signage or advertising are permitted. 4. That No Loitering signs be placed in front of the store. Passed. Recommended by the Committee on Legislation hairman TN3:rmv '1'awp6 0lmswordtrmv153 c9- 4 Se. doc OAT � 6 2009 \\1 ie *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- ] [MAJ- S) [ 2/3 - 61 [3/4- 7] * * * * * * * * * * * * * * * * * * * * * * * g * p City Clerk's Department BUFFALO October 16, 2009 NON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 75 Food Store License (New) 2050 Niagara (North)(EOPI) PASSED October 13, 2009 Gerald A Chwalinski City Clerk d 9z 130 X091 ' 111 Kilo �1 -1 0007 Food Store License — 2050 Niagara (Item No. 42, C.C.P., Sept. 1, 2009) That the above item be, and the salve hereby is returned to the Connrion Council without recommendation. Mr. Golombelc moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Gamal Naji and Anthony Monsour d /b /a The Limit Spot located at 2050 Niagara with the following conditions: I . That the .hours of operation of the store are 7:00 am to 10:00 pm seven days per week. 2 That there is NO sale of drug paraphernalia permitted. 3. That there is NO outdoor signage or advertising is permitted. 4. That there is NO spray painted or air brushed signage permitted. 5. That there is NO blocking of windows (with signs, ads, displays, etc). Passed. Recommended by the Committee on Legislation Chairman TAB: rrnv T:1« -1 c.doc 4 -- OCT 2 6 2009 I ------------- [MAJ- 5) [ 2/3 - 6] [3/4- 7] *AYE* NO DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH 9 0 00076 Fogarty -Tine Wanner Cable Franchise Renewal (465,9/1) That the above item be the same and hereby is Received and Filed. ADOPTED Recoi by the Committee on Legis 0 00 77 ., s Free Blood Pressure Checks At Firehouses (Fire) ( #34, 7/2 1) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on .Legislation ret3 j 00078 I .r Request that Buffalo Fire Department Offer Blood Pressure Checks at all City of Buffalo Firehouses (Item No. 120, C.C.P., July 7, 2009) That the Common Council hereby request that the City of Buffalo's Fire Department implement a program to establish a free blood pressure screening check station for citizens in our community at all Fire Stations; and That the Fire Department Emergency Medical Services Division is requested to file a written report with the Common Council within twenty (20) days of the passage of this committee report, advising this Council on the feasibility, the costs and the personnel associated with establishing a free city -wide blood pressure screening program; That copies of this committee report be forwarded to Mayor Byron W. Brown, Michael Lombard, lire Commissioner, Garrlell W. Whitfield, Deputy Fire Commissioner and the Law Department for their review and Comments. Adopted. Recommended by the Committee on Legislation Chairman TAB : rmv t Awp6Nits word\: rjnv112M -7c. doe, i/ City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 79 PASSED October 13, 2009 Used Car Delaer — 2650 Bailey (Univ)(EDPI) Gerald A Chwalinski City Clerk Dd 'e 14d 0� 130 60UZ WRY � 11'? 0`3� I -+ 00070 Used Car Dealer License -- 2650 Bailey ' (Item No. 46, C.C.P., July 21, 2009) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Derrick Moore d/b /a Supt —cnic Auto Sales, located at 2650 Bailey Avenue, with the following conditions. 1. That the owner /business is limited to S cars on the lot. 2. That the owner /business cannot have a repair shop on site. 3. That the owner /business cannot work on or repair any cars being sold on site. 4. That the owner /business cannot work on or repair any other cars on site. Passed. Recommended by the Committee on Legislation "rAB:nnv thvpWrnswordlrinv146c7 -21 c doe OCl 2 6 2009 *AYE* NO * I ------------- [MAJ- 5] [2/3 - 6] [3/4- 7] DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH 9 0 rr r RESOLUTIONS Oct l3, 2009 City Clerk's Department BUFFALO October 16, 2009 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 80 PASSED October 13, 2009 Waive Constr Fees, Contractor Lic. Fees & Disposal Fees at S. Ogden Transfer St — Habitat for Humanity Gerald A Chwalinski City Clerk 9z :z d 9Z 1996001 M310 U21 00080 RESOLUTION ipo5isor: Richard A. Fontana Re: WAIVE CONSTRICTION FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR HABITAT FOR IIUMANITV WHEREAS, Ilabitat for Humanity has an excellent reputation as a not - for - profit organization that provides decent and affordable housing for people in Buffalo; and WHEREAS, The )Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, In 2009, Habitat for Humanity has thus far completed rehab projects at 27 Guilford, 33 Guilford, 68 Brinkman, 19 Ferguson, 98 1lumason, 412 Cambridge, 521 LaSalle, and 6 1larnlin; and WHEREAS, Additional rehab projects are in progress and scheduled to be completed by 2010 at 141 Deerfield, 20 Guilford, 23 Guilford, 40 Norway, 200 Newburgh, 227 Laurel, and 62 lfazelwood; and MI EREAS, The City of Buffalo owns a trans er station on South Ogden St. that it allows private citizens and organizations to use, for a fie, to dump bulk trash on their own and alleviate heavy trash pile -ups on City streets; and WHEREAS, 13y waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects, and WIIEREAS, Habitat for humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls; and NOW `h.HF.RFORE BE IT RESOLVED, That the Common Council does llereby request that the City of tariff to Department of I cononlic Development, Pci & Inspection Services waive all Construction Permit Fees for I labitat foi 1 t.nnanily for the 20.10 calendar year; and BE IT FU:IZ"1'I:IER RESOLVED, `I"hat the Conrnron Council does hereby request that the City of Buffalo Department of Economic Development, Permits & Inspection Services waive all Contractor License Fees for I labitat for Humanity for the period of time heginning October 1, 2009 and ending Sehtennher 30, 2010; and �' j rj iY f. BE IT FURTHER. RESOLVED, That the Common Council (toes hereby request that the City of Buffalo I:1epailment of Public Works, Parks & Streets waive Disposal Fees at South Ogden Transfer Station for Habitat for I Iumanity for the 2009 - 20.10 fiscal year, and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to Brian A. Reilly, Commissioner of Economic Development, .Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Ronald Tal boys, President of Habitat for I Iumanity Buffalo, 995 Kensington Avenue, Buffalo, NY, 14215. Richard A. Fontana Common Council Majority Leader Lovejoy District Council Member PATS S APP 0 G 1 2- 6 20011 r *AYE* NO * [ ------------- [MAJ- 5] [ 2/3 - 61 [3/4- 7] DAVIS FONTANA FRANCZYK * * * GOLOMBEK ** * KEARNS * * * LOCURT0 * * * RIVERA * * * RUSSELL * * * SMITH * * * * g * p * * * 0008 :1, RESOLUTION Sponsors: Mr. Golomhek & Mir. Kearns Subject: Renewing Efforts to Give Voters the Option of Nonpartisan Elections Whereas: On July 8 2008, this Ilonorable Body unanimously passed a resolution entitled "Holding Nonpartisan Elections for All City Offices," (No 132, C.C.P. December 11, 2007); and Whereas: In passing that resolution, the Common Council committed its support to "having the issue of holding nonpartisan elections placed on the General election ballot in 2008 for the public to decide and [thereby directed - I the Law Dep artment to undertake the necessary steps to have this issue placed on the ballot"; and Whereas: This resolution was subsequently forwarded to the Mayor's Office and, on July 18 2008, was approved by Mayor Byron Brown; and Whereas: 41 of the 50 largest cities in the United States with an elected Mayor use nonpartisan elections, including I,os Angeles, Ilouston, Detroit, Boston and Seattle; and Whereas: hnsuring that voters are given the choice of holding nonpartisan elections is a complicated and arduous endeavor which involves, amongst other things, significant legal research, strict compliance with a variety of legal deadlines, the preparation of a local law, and the preparation of a question to appear on the ballot; and Whereas: Although some tine has passed since this resolution was approved, the condition; which necessitated its passage in July of 2008 continue to exist today. Now "Therefore Be It Resolved: That this Ilonorable Body requests, in advance of the next regular meeting of the Common Council to be held on October 22, 2009, that the Law Department file an update with the City Clerk on the progress that they have made in undertaking the necessary steps to have the issue of holding nonpartisan elections for all city offices placed on the ballet for the next General election. J�NrH GO:LOMBEK, :1?/ North District Council Member • Id MICIIAEI, P. KEARN,- South District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL 0008 r . ► ": D CITY CLERK Resolution Sponsor: I�1r °.1(09�OCtT -8 PM 12' 30 RE: Assessment Reform in City of Buffalo Whereas: The City of Buffalo's assessment policies should be fair to all home and business owners; and Whereas: In 2008, two thirds of all property owners who challenged their assessments were given some relief; and Whereas: Thousands of property owners have seen their properties reassessed four times since 2002, while twenty -seven neighborhoods in the City saw revaluations only once in eight years; and Whereas: Residents and business owners do not mind paying their lair share of taxes, as long as the process is not arbitrary or unfair; and Whereas: The City of Buffalo currently opts into a New York State program that calls for the reassessment of every parcel at least once every six years; and Whereas: Section 1573 of the Real Property 'fax Law provides state aid for cities and towns comn to keeping assessments at 100 percent of market value annually, which results in $400,000 in annual aid for the City of Buffalo; and Whereas: The cost of participating in this state program may outweigh the benefits, given the costs and staff time associated with the appeals process, judgments, and settlements; and Whereas: The City of Rochester, New York, uses a process that sees all properties reassessed every four years, and only in that year; Now Therefore Be It Resolved: That the Common Council work with Corporation Counsel to investigate the legality of undertaking city -wide assessments only in designated years; and Therefore Be It Further Resolved: 1 these two bodies further work together to investigate the benefits and drawbacks of opting out of New York State's "full valuation" system; and Therefore Be It Further Resolved: That the Department of Assessment and Taxation investigate the updating of outdated neighborhood boundaries currently used in setting values; and Now Therefore Be it Finally Resolved: That a copy of this communication be referred to the respective entities referenced herein and that this item be referred to the appropriate Common Council Committee for resolution, a Michael f LoCurto ADOPT Ist, 2nd an 3rd RESOLVE THE REMAINDER REFERRED TO THE 000'3 Resolution Sponsors: Michael J. LoCurto and David A. Rivera RE: The Creation of a Domestic Partner Registry in the City of Buffalo Whereas: In New York State the cities of Albany, Ithaca, New York, Rochester, Brighton, Eastchester as well as Westchester County, each have domestic partner registries; and Whereas: The City of Buffalo, has not yet taken this important step towards recognizing the unions of unwed couples; and Whereas: Providing a way for couples to publicly declare their union sends a clear message that the City of Buffalo values all of its families; and Whereas: Unmarried couples are 2 -3 times more likely to have an uninsured member than their married counterparts; and Whereas: Offering Domestic Partner benefits to City employees helps working families; and Whereas: Though 30% of the City's unionized workforce already has Domestic Partner benefits, only two families have signed up; and Whereas: According to the budget offices of other cities who have given Domestic Partner benefits, costs increase 1.4 % -2.1 %; Now, Therefore, Be It Resolved: Tbat the j w dopartivent research a Domestics Partner Registry for all Residents of the City of Buffalo modeled on the sample ordinance attached; and Now, Be It Further Resolved: That the City Clerk manage these records; and Now, Be It Further Resolved: That the requirements for a Domestic Partnership be identical to those for marriage with the exception of sex, gender, or gender identity; and Now, Be It Further Resolved: I€ If benefits are offered to married municipal employees then equal benefits be given to Domestic Partners as if they were married; and Finally, Be It Further Resolved: That all rights given by the City of Buffalo to married couples be extended to those in a Domestic Partnership. w MICHA J. LoCURTO DAVID A. RIVERA ERRED TOTFIV- i Sample Ordinance Creation of Domestic Partnerships. A) Any two individuals may execute and file with the City Clerk a statement of domestic partnership in which each individual as to him or herself declares the following 1) The individuals are at least 18 years of age. 2) The individuals are competent to enter into a contract 3) The individuals are not married in any jurisdiction 4) The individuals are committed to the physical, emotional and financial care and support of each other. 5) The individuals are financially interdependent. 6) The individuals have represented to persons outside their domestic partnership that they are domestic partners. 7) The individuals are each other's sole domestic partner, and each has no other domestic partner. S) The individuals intend to remain each other's sole domestic partner. 9) The individuals have not terminated a statement of domestic partnerships, or its equivalent in this or another jurisdiction, within six months immediately prior to filing the statement. 10) The individuals are not related by blood in a manner that would bar marriage under the laws of the State of New York. B) A statement of domestic partnership shall be executed before the City Clerk or a designee by both individuals under oath and penalty of perjury as to each of its declarations and shall be subscribed by the clerk or a deputy. The City Clerk may require documentary evidence or testimony under oath in support of one or more offthe declarations, pursuant to regulations promulgated by the City Clerk. C) A statement of domestic partnership shall be executed on a form provided by the City Clerk and shall be effective as of the date of its filing. D) A statement of domestic partnership which contains a false or fraudulent declaration by either of the individuals executing it shall not be effective notwithstanding its filing by the City Clerk and shall be voided by the City Cleric; however, that the City Clerk shall not void a statement of domestic partnership without first providing the individuals who executed it notice of the alleged false or fraudulent declaration and an opportunity to explain or rebut the allegations, pursuant to regulation promulgated by the City Clerk in consultation with legal counsel. Termination of domestic partnership A. Either individual in a domestic partnership may terminate the domestic partnership by executing and filing with the City Clerk a termination of domestic partnership in which the individual declares the following: 1) The domestic partnership has been terminated 2) The individual terminating the domestic partnership has notified the other domestic partner of the termination in writing. 3) Written notice of the termination has been received by the other domestic partner at least 30 days immediately prior to the filing of the termination of domestic partnership. B. A termination of domestic partnership shall be executed before the City Clerk or a designee under oath and penalty of perjury as to each of its declarations and shall be subscribed by the Clerk or a designee. The City Clerk may require documentary evidence or testimony under oath in support of one of more of the declarations, pursuant to regulations promulgated by the City Clerk in consultation with legal counsel. C. A termination of domestic partnership shall be executed on a form provided by the City Clerk, and shall be effective as of the date of filing D. A termination of domestic partnership which contains a false or fraudulent declaration by the individual executing it shall not be effective notwithstanding its filing by the City Clerk and shall be voided by the City Clerk provided, however, that the City Clerk shall not void a termination of domestic partnership without first providing the individual who executed it notice of the alleged false or fraudulent declaration and an opportunity to explain or rebut the allegation, pursuant to regulation promulgated by the City Clerk in consultation with legal counsel. I? A domestic, partnership shall terminate, and be. deemed mill and void, whenever one of the parties to the partnership marries. Fees. The City Clerk shall charge a fee of $10 for the filing of a statement of domestic partnership or a termination of domestic partnership. The City CIerk shall charge a fee of $10 for providing an additional certified copy of either document. Records. The City Clerk shall maintain a log of statement of domestic partnership and termination of domestic partnership by name of each individual and date of filing in a format designed to facilitate access to such statements. The log shall be a public record pursuant to the Freedom of Information Law. The City Clerk shall treat any other information of a personally identifying nature relating to an individual as a matter of personal privacy exempt from disclosure of such law. 00084 By: Ms. Russell City of Buffalo Local Law No. (2009) Introductory No. q (2009) A LOCAL. LAW to Amend Article 28 "Taxes and Assessments" within the jurisdiction of the City of Buffalo, Erie County to include the Business Investment Exemption. BE IT ENACTED BY THE COMMON COUNCIL OF TI IE CITY OF BUFFALO AS FOLLOWS: Section 1: §28- 29.2 -1. Busines Inve stment Exemption A. Pursuant to Real Property Tax Law Section 485 -b, real property constructed, altered, installed. improved subsequent to the first day of JuIV nineteen hundred seventy -six far the purpose of commercial business or industrial activit shall be exem t fro taxation and Special ad valorem levies, except for special ad valorem levies for fire district, fire protection district and fire alarm.. district urposes, to the extent hereinafter proyided, B. Such real property shall be exempt_for a period of on to the extent of fifty per centum of the increase in assessed value thereof attributable to such construction alteration installation or improvement and for an additional period of nine Vears ravided however that the extent of such exemption shall be decreased by five er centum each vear during such additional period of nine ears and such exemption shall be computed with respect to the "exemption base." The exemption base_ shall be the increase in assessed value as determined in the initial year of such ten yea period following the film of an ori application except as provided in subpara raph {2I of this paragraph. 1. In anv v ear in which a change in the level of assessment of fifteen percent or more is certified for a final asses sment roll ursuant to the rules of the state board the exem Lion base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll after accauntin for an h sisal or uantit than es to the arseI since the immediat recedin assessment roll and the denominator of which shall be the total a ssessed value of the parcel on the immed iateIV preceding final assessment roil. Th result small be the new exe�� base. The exemption shall thereupon be recomputed to take into account the new exegMji base, notwithstandin_ the fact that the assessor receives the certification of t he change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the assessor does not have custody of the roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers_ having custody and control of the roll, and such local officers 1 S l.% are herebv directed and authorized to enter the recomputed exemption certified by the assessor on the roll. The ass essor shall ive written notice of such recam u #ed exem Lion to the ro ert owner who m ay, i f he or s he believes that the exemption was recom uted incorrect! a 1 for a c orrection in the manner pr avided b Title Three of Article 5 of the New York State Real PropertV Tax Law for the correction of clerical errors. 2. (a,) The following table shall illust the computation of the tax exemption_ Year of exemption Percentage of exem tion 1 50 2 45 3 40 4 35 5 30 6 25 7 20 1 9 10 10 5 b.1 No such exemption shall be granted unless (11 such construction. alteration, installation or improvement was commenced subsequent to the first day of January, nineteen hundred seventy-six; (2) the cast of such construction, alteration, installation or improvement exceeds the sum of ten thousand dollars or such greater amount as may be specified by local law or resolution; and (3) such construction _alteration, installation or imprayemen# is completed a5 m� be evidenced by a certificate of occupancy or other a ro riate documentation as provided by the owner. 2 c. For ur oses of this section the terms construction alteratian installation and im rovement shall not include ordinary maintenance and re airs. (d.) No such exemption shall be granted concurrent with or subsequent to any other real property tax exemption granted to the sam im rovements to real Dropertv except where during the period of such reviaus exem fiion a meats in lieu of taxes or other a menu were made to the local government in an amount that would have been e ual to or reater than the amount of real taxes that would have been paid on such improvements had such p ro erty been granted an exemption pursuant to this section. In such case an exem tion shall be ranted for a number of ears e ual to the ten ear exem tian ranted ursuant to this section less the number of years the ploperty would have been previously exem t from real property taxe C. Such exemption shall be granted only upon application by the owner of such real property on a for p rescribed by the state board. Such a plicat shall be filed with the Assessor of the cit town villa e or county having the ower to assess property for taxation on or before the a ra riate taxable status date of such city, town village or county and within_ nne near from the date of completion of such construction, alteration, installation or improvement. D, If the assessor is satisfied that the ap licant is entitled to an exem tion p ursuant to this section he or she shall a rove the application and such re shall thereafter be exem t from taxation and special ad valorem levies except for s ecial ad valorem levies for fire district fire protection district and fire alarm district purposes as herein rov ided commencing with the assessment roll prepared after the taxable status date referred to in subdivision three of this section. The assessed value of aR exemption ranted ursuant to this section shall be entered b the assessor on the assessment roll with the taxable property, wit the amount of the exemption shown in a separate E. The provisions of this section shall a pDIv to real property used primarilyfor the buying sellin storm or develoning Roods or services t he manufacture or assembly of goods or the processing of raw materials. This section shall not apply to property used primarily for the furnishing of dwelling space or accommodations to either residents or transients other than hotels or motels. F. In the event that real prop ert ranted an exem tion ursuant to this section ceases to be used primarily for eligible purposes, the exemption granted pursuant to this section shall cease. r- Section 2 Section 3 Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. This local law shall take effect immediately after it is duly passed and signed into law. Corporation Counsel f x 10H. NOTE: Matter underlined is new, matter in brackets is to be deleted. 4 00085 RESOLUTION Br Councilmember Smith RE: Eliminate foreclosure on properties due to nonpayment of water and sewer bills Whereas: The foreclosure auction contains properties that are delinquent in taxes and user fees; and Whereas: Taxes and user fees are a flat fee that are predetermined and constant with no unusual circumstances that the owner is not aware of; and Whereas: Although usage varies since they are; based on consumption, water bills are not constant which leads to an inconsistency in payments and are done in quarterly payments; and Whereas: The service boxes do not receive regular maintenance and no final reading takes place before a sale; and Whereas: Property owners who have faulty plumbing and /or insufficient crawl. spaces which result in leaks, can not have new meters installed to insure adequate readings; and Whereas: There is a 21% penalty that is incurred on delinquent bills over 120 days while service is no longer being provided in addition to the 18% annual interest rate while the bill is past due. r Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests the elimination of properties from the foreclosure auction due to delinquencies in water bill payments until a better method is put in place to deal with nonpayment of water bills; and Be It Further Resolved That: The Common Council of the City of Buffalo requests that the past due interest rate of 21 % that is applied to a metered home after 120 days and an untnetered home after 240 days is reduced to a feasible rate in addition to the establishment of a leak abatement prograrn in the City of Buffalo; and Be It Final Resolved That: The Water oard and Sewer Authority evaluate monthly billing rather than the current quarterly it ing cycle. In TEL m Demon Smith E 00086 RESOLUTION By: Mr. Smith RE: Requesting a Stop Sign on Florida and Victor St. Whereas: The residents on. Florida, Elton and Victor Streets have seen an increase in traffic and speeders driving; down. Florida St; and Whereas: Each year in New York State, hundreds of people are killed, and tens of thousands are injured in motor vehicle accidents; and Whereas: Drivers, passengers, bicyclist and pedestrians are victims of the - widespread practice of speeding; and Whereas: Speeding is a major problem on Florida St, and neighborhood residents are requesting a stop sign be placed on the corner of Florida and Victor to help calm traffic, and stop speeders. Now, Therefore, Be It Resolved: The Common Council does hereby request that the Department of Public Works, Traffic Division perform a traffic study to. examine the feasibility of installing a stop sign at the corner of Florida and Victor streets; and Be It Further Resolved: That a copy of this resolution be forwarded t the Department of Public Works for review and comment. Demone A. Smi A-00PTEn ;i 00087 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for Reverend Terence A. McKissick, Sr By Councilmember Brian C. Davis In Memoriam for By Councilmember ADOPTED Oct 13, 2009 r i J, (�if� of +�uffttla Tontmatt (fouttril IN MEMORIAM WHEREAS, On September 26 2009, Almighty God, in His infinite wisdom, has removedfrom our midst Reverend Terence A. McKissick, Sr in whose death we have lost a sincere and loyal friend,• his community, a valued and respected citizen; and his family, a kind and devoted member; and WHEREAS, Reverend Terence A. McKissick, Sr. was born in Buffalo, New York on November 18, 1962 to Zetna McKissick and the late William McKissick; and WHEREAS, Reverend McKissick was recognized as a gifted orator from a young age and advanced to the Richmond Speaking Contest national competition while a student t Riverside High School 11&.' ent of . to attend Livingstone College in Salisbury, North Carolina and received hi.s.Bachelor of Arts Degree from the University of Brockport where he majored in Political Science. Although he initially planned on pursuing a career in politics and interned .with the New York State Assembly where he became an avid supporter of I ran Pordum, he ultimately decided that it was music that was his true passion; and WHEREAS, Reverend McKissick: worked in the City af Buffalo Public Scho ols. as a Music Teacher "any active member of numerous •community`choir groups over the last twenty -five years, ineludingthe Ne:► Ensemble. In addition, over the course ofhis career, Reverend McKissick. had worked as a C i Sale, Associate in the Insurance Industry; and WHEREAS, ReverendAfeKissick accepted Christ as.his Savior early in life; but it was not until 1 call to the ministry, He was ordained and carried the mantle of Pastor at several AME Zion Churches Lackawanna, NY, Blackwell Chapel in Jamestown, NY, and Varick Metropolitan in Buffalo, NY, as w an Associate Minister at the William Jacob Walls Memorial AME Zion Chyrch under the leadership r 1 )dus. Reverend McKissick retired from active ministry in July cif 2009; and I been an ugs Choral Sales �8I that he received his including St. Markin ll as having served as Pastor G. Michael WHEREAS, Reverend Terence A. McKissick, Sr, leaves to cherish his memory his wife of seventeen ,years: Monique; one daughter: Charniesa; two sons; Terence, Jr, and William; his mother, Zetna.McKissick- his sister, Der'ise Acie; his niece: Miracle Acie; his godchildren..: AJ, Barbara, Candice, and Dianne; and many:cherished uncles; a2ints, Cousins and friends. NOW, THEREFORE BE IT RESOL VED, That I, Brian C. Davis, Ellicott District Councilmember, the Buffalo Common Council, and the `:citizens of the City of Buffalo, celebrate the life of Reverend Terence A. McKissick, Sr.. for his outstanding achievements as main, a a father, and a servant to his community; and . BE IT FURTHER RESOLVED, That we, those here on earth, remain confident in the knowledge that having reached the end of his earth' journey, Reverend Terence A. McKissick, Sr. has received his eternal and glorified reward having heard the consoling words, "Well Done Thy Good and faithful Servant; and BEIT FINALLYRESOLVED, That the Honorable City of Buffalo Common Council hereby proclaiitzs l rday, September 25, 2009, "Reverend Terence A. McKissick, Sr. Day" in the City of Buffalo. Brian C. Davis Ellicott District Council Member r Gerald Chwaiinski City Clerk ©00SS BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo James Inman TOTAL 1 ADOPTED is 00OS9 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: • Melissa M. Wannemacher TOTAL 1 ADOPTED i I �; 00090 j ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 "' floor City Hall, Buffalo, New York, unless otherwise Noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Committee on Claims Speeial Committees Committee on Waterfront Development Tuesday, October 20, 2009 at 9:45 o'clock A.M. Tuesday, October 20, 2009 at 10:00 o'clock A.M. Tuesday, October 20, 2009 at 1:00 o'clock P.M. Tuesday, October 20, 2009 at 2:00 o'clock P.M. Wednesday, October 21, 2009 at 11 :00 o'clock AM Wednesday October 21, 2009 at 5:00 o'clock PM Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Riven for notification it will be provided. In addition there may be meetings setup whereby the Ci Clerk's Office is not made aware; therefore unless we receive notice from the respective Chairmen we can onl make notification of what we are made aware. 0 0r No. l� Adjournment 0�'�` On a motion by Mr. Fontana, Seconded by Mr�Kt-ams, the Council adjourned at 2 j GERALD CHWALINSKI CITY CLERK Oct 13, 2009 Board of Police and Fire Pension Proceedings #9 Office of the Mayor -201 City Hall October 15, 2009 Present: Richard Calipari, Investment Debt Mauagement Gerald Chwali.nski, City Clerk The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of October 2009 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of October 2009 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2 Noes -0. No, 3 On motion by Mr. Calipari the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m.