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10-0202
CORPORATION PROCEEDINGS COMMON COUNCIL ' CITY HALL - BUFFALO TUESDAY, FEBRUARY 2, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golo bek, Haynes, Kearns, LoCurto, Rivera, Russell & Smith _ 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 19, 2010 were approved. FONTANA FRANCZYK GOLOMBEK HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH [ ------------- I [ MAJ - 5 ] [ 2/3 - 6 ] [3/4- 7� *AYE* NO ' * * * * * * * * * * * * * * * * * * * 9 * 0 * * * February 2, 2010 FROM THE MAYOR February 2, 2010 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 19, 2010 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [:Appointment - Buffalo Arts Commission PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx /xx /xx) Pursuant to Chapter 6, Article V, Section 6-26 of the Buffalo Code, I hereby appoint Thomas Chestnut, 37 Oakland Place, Buffalo, New York, 14222 to serve as a member of the Buffalo Arts Commission, Mr. Chestnut shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Mr. Chestnut is President and CEO of AAA Western and Central New York. I hereby certify that Thomas Chestnut is fully qualified to serve on the Buffalo Arts Commission, 51CNATlFiE DEPARTMENT HEAD TITLE: on W. fro n, Mayor F TO: THE COMMON COUNCIL DATE: January 19, 2010 ' FROM: THE EXECUTIVE DEPARTMENT I' SUBJECT: 2010 -2011 Annual Action Plan (Year 36 Community Development Block Grant) Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2010 -2011 Annual Action PIan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $16,091,522 ,140M-1 Investment Partnership Grant 5,081,876 Emergency Shelter Grant 706,910 Housing Opportunities for Persons with AIDS 521,962 New funding in the amount of $1,097,994 is provided to improve city parks and recreational centers in some of the city's neediest neighborhoods, thereby improving the quality of life for residents living in the surrounding neighborhoods. With the return of these parks and recreational centers from the county, numerous needed improvements have been identified. This budget reflects my administration's commitment to neighborhood revitalization and stabilization by increasing housing rehabilitation and demolition from $3,791,607 to $5,788,674. This funding is necessary to offset funding losses with the expiration of New York State's RESTORE NY program, which has provided approximately $20 million to the city for demolitions and rehabs over a three year period. This will support keeping the city on track to meet the goals of the Mayor's "5 in 5" plan for 500 rehabs and 5,000 demolitions within five years. In addition, critical human service fimding for community group delivery programs, that combat poverty and increase the quality of life for all, is provided in the sum of $2,413,728. The city is implementing a variety of reforms to expedite its contracting process with funded community groups and improve compliance with the requirements of the Federal Department of Housing and Urban bevelopment (HUD). The application and requirements for presenting agency budgets has been streamlined and administrative changes have been implemented to expedite necessary approvals. With an ongoing review of the Buffalo Economic Rennaissance Corporation underway, economic development funding is provided in a form that will assure flexibility in programmatic uses until the results of this.review are completed. Program administration has been• reduced by 16 %. Pursuant to HUD's citizen participation requirements and the requirements for presenting agency budgets, the City's 20102011 Annual Action Plan has been developed in consultation with Erie County and New York State representatives as well as public and private agencies that provide housing assistance, health services, fair housing, and social services. The Annual Action Plan is also designed to carry out the objectives in the City's approved 2008 -2012 Consolidated Plan. 6 n W. Broom E _ Mayor REFERRED TO THE COMMiTTEE .afl 76 3 : f Buffalo Byron Brown, 2010-2011 Annual Action Plan R ecommend a ti o n Office of Strategic Planning Janet Penksa, Commissioner of Administration, Finance, Policy, and Urban Affairs Preface In 1990, the United States Congress passed the Cranston - Gonzalez National Affordable Housing Act which required local governments receiving Federal funds for the administration of housing and community development programs to prepare a five -year plan showing the use of Federal resources. The Consolidated Plan for Housing and Community Development is a prerequisite for the City's annual funding from the U. S. Department of Housing and Urban Development (HUD) for four Federal entitlement programs: Community Development Block Grant (CDBG), NOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and Housing Opportunities for People with Aids (HOPWA). The annual funding of the City's priority projects is described in the Annual Action Plan. Each project addresses one of the City's most critical needs in economic development, neighborhood revitalization, housing development, and public services for low and moderate- income families and homelessness. Each year the City solicits citizen participation in developing the Annual Action Plan. The City's Office of Strategic Manning officials conducted a public hearing and an application workshop to enhance community participation. Andrew Eszak, Director of Planning, conducted a public hearing on community needs which was held on November 16, 2009 at the Delavan Grider Community Center. Mr. Eszak, provided estimated amounts for entitlements, reviewed the Consolidated Plan's goals and objectives, reviewed the adoption process, and addressed participant comments and concerns. Mr. Eszak also discussed the City's targeting efforts. A Technical Assistance Workshop was held on November 18, 2009 at the Delavan Grider Community Center. This year the City streamlined its application and handbook to make the process easier for non- profit agencies to apply for funding. Ms. Yvonne McCray, Director of Housing, conducted the Workshop. Technical assistance was provided for agency capacity, performance measurement, allowable costs, allocable costs, and cost allocation. The Consolidated Plan Goals were reviewed and guidance was provided on the types of activities eligible for funding. The evaluation process was also explained. A Public Notice advertising the public hearing and application workshop was printed in the legal section of the Buffalo Nevus, a publication with the greatest distribution throughout the City. The Public Notice was also advertised in minority and ethnic publications, the Buffalo Criterion and La Ultima Hora. The City also sent out approximately 700 notices of the Adoption Process Schedule to individuals, block clubs, the Buffalo Municipal Housing Authority, and community groups. The City's community based non - profit organizations posted the notices in their centers. The forum, workshop and public hearing were also advertised on the City's web site. The application package was available on the City's Office of Strategic Planning's web site at htto:l lwww.city- buffalo.comlHomefCity Departments /Office of Strategic Plan ninq ;ConsolidatedPlanDocuments. A hard copy of the application. and handbook were distributed at the Application Workshop, In addition, the documents were also made available on computer disk for distribution at the Application Workshop. I Year 36 Annual Action Plan Process . ............................... ...................1 Executive Summary ................................... ..............................2 Year 36 Proposed Budget -Line Item Summary ............ ............................... 3 I The City of Buffalo, via the Office of Strategic Planning, adheres to the following process in order to submit a proposed 2010 -2011 Annual Action Plan to the U.S. Department of Housing & Urban Development, The process follows various regulations set forth by the Department of Housing & Urban Development to ensure compliance for citizen participation. 46 Announcement. Public Notice was made on October 30, 2009 in the Buffalo News to announce the beginning of the 2010 -2011 Consolidated Plan process. This announcement is made so that citizens are aware of the City's goal to prepare a document for submission to HUD_ ¢4- Public HearinQ: [November 16, 2009, 6:00 p.m. at the Delavan Grider Community Center]. Public Notice was made in the Buffalo News, the Buffalo Critorian, l..a Ultima Hora and on the City's vvebsite to invite citizens to discuss their housing and community development needs, identify priorities for resources, provide an estimate of funding amounts, and provide a review of the previous year's progress. Announce availability of Request for Proposals (RFP) for FSG, HOPWA, and CDBG public service and public improvements funding. Information was also presented on the Consolidated Plan and the proposed annual spending plan, outline the contracting of programming and services and engage in citizen participation. as Application Workshop: [November 18, 2009, 9 :00 a.m. at the Delavan Grider Community Center]. Assist those interested organizations with the familiarity of the application, its review and approval process and related requirements needed for submission. g %$ Mavor's Recommendation: The Mayor reviews all comments and recommendations and recommends an Annual Action Plan. The recommendation is forwarded to the Common Council and BFSA for their review. ego Common Council /Buffalo Fiscal Stabilltv Authoritv (BFSA) Review: [CC Review January 19,2010 -- February 2, 2010] Common Council and BFSA are given an opportunity to comment on the proposed Consolidated Plan and 2010 -2011 Annual Action Plan. >4* Public Hearin [February 8, 2010, 6:00 p.m., [Location to be Determined] The proposed 2010 -2011 Annual Action Plan will be made available to the general public for their review and discussion. og� 30 -Dav Comment Period: Commencing with the Public Hearing, a 30 -day comment period shall ensue to allow comments from the citizens at- large. All comments will be collected and included within the plan before submission to HUD. 4- BURR Adoption: [Thursday, March 11, 2010] The Buffalo Urban Renewal Agency shall review all' comments and recommendations and approve a final Consolidated Plan and Annual Action Plan that is to be submitted to HUD for approval. 4ga Submission to HUD: On or before March 16, 2010 the City of Buffalo shall submit to the U.S. Department of Housing & Urban Development the adopted 2010 -2011 (Year 36) Annual Action Plan. It shall include all comments submitted to the Office of Strategic Planning. cl EXECUTIVE SUMMARY The Annual Action Plan reflects the City's funding priorities and identifies the projects proposed to receive Federal funds under the CDBG, HOMF, ADDI, ESG, and HOPWA programs. The Annual Action Plan describes priority projects for neighborhood revitalization, public improvements, housing development, economic development, public services, and homeless activities. The City of Buffalo will receive over $24.3 million in Federal grants from HUD's Community Planning and Development Programs. In fiscal year 2010, the City estimates it will receive $16,091,522 for CDBG (plus utilize $1,650,000 of program income generated from prior years' grant activities), $5,081,876 for HOME (plus $250,000 of program income), $521,962 for HOPWA, and $706,910 for ESG. CDBG, HOME, HOPWA and ESG activities leverage millions of dollars in State, local and private financing. They enhance the City's housing and community development programs, supporting safe, well- planned, attractive residential and business districts. CDBG financed projects respond to the most urgent needs of limited income residents. The City estimates that over 70% of the funding allocated to CDBG activities will benefit I -ow to moderate income persons. Maximum benefit is derived from each dollar spent. The City's first major goal is to concentrate neighborhood revitalization and public improvement activities within thirteen (13) targeted revitalization areas. To achieve the greatest impact, the City will try to focus program dollars annually in certain neighborhoods within these targeted areas. Specific neighborhoods within these areas include: - Willett Park Homeownership Zone - Lakeview - Black Rock - Leroy - Broadway/Pillmore - Cold Springs - Cazenovia Park - Medical Park - Seneca /Triangle - Schiller Park - GrantlFerry - Hamlin Park - Masten Park A description of these neighborhoods is included in the "Mayor's Livable Communities initiative — A Housing Strategy for the City of Buffalo ". HOME dollars for the Owner Occupied Rehab Loan Program as well as Community Housing Development Organization (CHDO) Rehabilitation Projects will also be focused in these areas. Seven CHDO sponsored activities are underway on targeted streets in the University, Niagara, North, Fillmore, Lovejoy, Ellicott, and Masten Districts of the City. Public facilities and improvement projects to be undertaken in these areas include park and playground improvements in low income neighborhoods. The City will also be targeting funding for its Mid City Neighborhood Revitalization Strategy Area. Funds will be used to provide emergency rehab loan assistance to middle and low to moderate income homeowners. The City will also provide an employment training program in the NRSA. The City will use its CDBG funds to provide Emergency Rehab Loan Assistance to low - moderate income homeowners on a city -wide basis. Revitalization of deteriorating neighborhoods will be accomplished through acquisition -rehab resale activities, demolition and clearance of blighted structures. Priority will be given to preserving the existing housing stock through rehabilitation and energy conservation to maintain a high level of quality housing for low- and moderate - income residents. Public housing renovations and modernization, and handicapped accessibility improvements are high priorities. The support for public housing projects will be accomplished through support of the Hope Vl (Lakeview) and proposed A. D. Price projects. A major goal is to stimulate neighborhood and economic revitalization activities in low and moderate income areas of the city. A Neighborhood, Business and Commercial Loan Program is also being funded to support this goal. 2 P Another major goal is to support public services that improve the health, welfare and safety of residents, especially the elderly, frail elderly, the homeless, persons with special needs and other vulnerable populations. CDBG activities include senior services; health care services; housing services to support affordable housing opportunities for first -time homebuyers and to prevent homelessness; fair housing services, transportation; child care and youth services; employment training services; crime prevention and elimination services; and services to persons with disabilities. Funding for certain programs providing technical and administrative support have now been deemed ineligible by HUD. Instead funding from these disallowed programs will support direct neighborhood and economic revitalization. Funding will now be directed to revitalize city parks central to neighborhood revitalization and the quality of life for individual and families residing in these neighborhoods, as well as other neighborhood improvements. The Annual Action Plan for the HOME Investment Partnerships (HOME) Program, Year 2010 -2011, addresses the City's goal to achieve: quality housing for all residents. As in prior years, the City will continue to use an RFP process to implement the targeted housing rehab program to ensure the concentration of financial resources and a greater impact in selected neighborhood revitalization strategy areas, and to assist owners who need to repair emergency conditions. The City will also work with HUD, its technical assistance provider, banks and other national not -for- profit organizations to expand the capacity of nonprofit housing providers; thereby strengthening the City's housing programs and better leveraging private sector participation. The Annual Action Plan for the Housing Opportunities for Persons with AIDS (HOPWA) Program, Year 2010 -2011 continues services for the HIV and AIDS community. Housing for persons living with HIV/AIDS is provided through tenant -based rental assistance, short term /emergency housing payments (i.e., utility shutoff prevention), support for housing units in congregate care facilities, and support services such as food pantries. The Annual Action Plan for the Emergency Shelter Grant (ESG) Program, Year 2010 -2011 continues emergency services for homeless families at area shelters. The proposed funding will fund a continuum of care that will provide active outreach to seek homeless individuals and families in soup kitchens, shelters, in parks, abandoned homes and other places where homeless individuals and families are found. Legal representation will be provided to clients who face eviction in housing court or who face foreclosure because of delinquent property tax payments. ESG funds are also provided for rent payments, security deposits and utility payments. 3 YEAR 36 PROPOSED BUDGET - LINE ITEM SUMMARY PUBLIC FACILITIES & IMPROVEMENTS 1,097,994.00 Park/Plawround Improvements Park/playground improvements in low /mod neighborhoods. Improvements will include Installation of shelters, roof replacements, play structures, bleachers, and wellness & fitness equipment and security lighting. 90,373.00 Program I7eliverv- Public Facilities & Improvements Funding allocation for those costs (salary) directly associated with the improvement of various public facilities, which are included within the City's Annual Action and 5 -Year Consolidated Plans. 9,000.00 Livable Communities Block Club Grants Grants provided to Block Clubs and non- profit organizations for various beautification initiatives. 519,993.00 Public Improvements Improvements to streets /sidewalks in low /mod neighborhoods throughout each of the city's council districts. 249,623.00 Public Improvements Improvements to streets /sidewalks /safety lighting in low /mod neighborhoods throughout the city. 4 W 075,797.00 Emerg ency Shelter Grant (ESG) [ESG] Regulatory funding designated to benefit the homeless community by affording them housing and quality of life opportunities where discrimination and/or lack of resources exist. The following are those who have been recommended for funding. City Mission 54,797 Community Action Organization 20,000 Compass House 45,000 Crisis Services 155,000 FLARE 33,500 Gerard Place 33,500 Hispanics United of Buffalo 32,000 Legal Aid Bureau of Buffalo 23,000 Lt. Matt Urban Center 75,000 Neighborhood Legal Services 60,000 Salvation Army 40,000 Saving Grace Ministries 30,000 VIVE 25,000 WNY Vets 24,000 YWCA of WNY 15,000 505,303.00 Housinq Opportunities for Persons with AIDS fHOPWA) [HOPWA] Regulatory funding designated to benefit the AIDS community by affording them housing and quality of life opportunities where discrimination and /or lack of resources exist. The following are those who have been recommended for funding. AIDS Community Services 185,000 American Fled Cross 121,303 Benedict House 145,000 Group Ministries 55,000 5 CLEARANCE ACTIVITIES 744,479.00 Clean & Seal Salaries and supplies for the `Clean & Seal' Crew, which board -up vacant structures and improve vacant lots throughout the city, Coordination of the Clean & Seal Crew is performed by the City's Division of Citizen Services, 2,156,361.00 Demolitions — Citvwide Funding for the demolition of various structures which perpetuate slum and blight conditions or pose an impending hazardous condition (fire damage, etc.). This will compliment the City's annual bond appropriation. 60,000.00 Remediation BURA Site(s) Funding for the remediation of various BURA owned sites that have environmental concerns. 56,340.00 Program Del iverv- Demolition s/Clea rance Activities Funding allocation for those costs (salaries and fringe benefits) directly associated with the demolition and clearance of various structures, which are included within the City's Annual Action and 5 -Year Consolidated Plans. PUBLIC SERVICES 2,413,728.00 Public Services Public services for city residents. Services include, but are not limited to youth, senior, cultural enrichment, literacy and special needs (physical /mental handicapped). Advisory Board for Lovejoy Elderly & Youth- Seniors 87,720 African Cultural Center -- Youth 69,690 Back to Basics — Substance Abuse 30,573 Buffalo Urban League- Don't Borrow Trouble 45,573 Community Action Org. /Friends to Elderly — Senior & Youth Programs 29,771 Community Action Org. /Pratt Willert- Senior & Youth Programs 71,146 Concerned Ecumenical Ministries — Senior 36,567 CRUCIAL Human Services — Youth 71,367 Erie Regional ]-lousing Dev. Corp. /Los Tainos (S &Y) 89,623 Fillmore- -Leroy Area Residents (Senior & Youth) 34,692 Gloria Parks HS /University Heights (Senior & Youth) 126,146 Hispanics United Of Buffalo (Senior Program) 25,573 Homefront 20.000 Homeless Alliance 26,845 Housing Opportunities Made Equal — Fair Housing 75,573 King Urban Life Center — Youth Program 40,573 Legal Aid Bureau of WNY — Fair Housing 60,573 Legal Aid Bureau of WNY — Mortgage Foreclosure 30,573 Legal Aid Bureau — Legal Services for the Elderly 14,234 Literacy Volunteers of WNY 13,091 Metro CDC — Senior & Youth Programs 95,573 Neighborhood Legal Services 35,573 North Buffalo CDC — Senior & Youth Programs 96,932 Northwest Community Center — Senior & Youth 246,519 Old First Ward — Senior & Youth Programs 57,194 Parkside Community Association — Youth Program 22,000 i People, Inc — Handicapped Program 26,054 Police Athletic League — Youth Program 112,604 Polish Community Center /Matt Urban — Sr. & Youth 169,146 Schiller Park — Senior Program 102,573 Seneca - Babcock HS — Senior & Youth Program 52,792 South Buffalo Community Center — Senior Program 134,573 Valley Community Association — Senior Program 25,573 West Side Community Services- Senior, Youth, Anti -Crime Program 154,146 West Side NI1S 20,000 WNY Law Center (Anti - Flipping) 20,000 William- Emslie YMCA — Senior Program 42,573 100,000.00 Public Services — Mid Citv NRSA Public services pursuant to the strategy carried out by a community based development organization. Services include employment training including contractor training in home improvement and lead abatement. Upon successful completion of course instruction candidates may be referred to work on the City's Weatherization Program. HOMEOWNERSHIP RSHIP ,ASSISTANCE 100,000.00 Downpavment Assistance Funding for down payment and/or closing cost assistance for eligible lowlmoderate income first time homebuyers. 244,710,00 Program Deliverv- Homeownership Assistance Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of homeownership assistance, which is included within the City's Annual Action and 5 -Year Consolidated Plans, Homebuver Assistance Program 163,000.00 Contract to provide for delivery of homeownership assistance to prospective individuals that desire to become homeowners. 17 1TT -T3i.11 1 co 0WiTWW M43 1,200,000.00 Eme rrencv Loan Program (Sing /Multi Units) Program to assist eligible homeowners with various 'emergency' repairs, such as roof and furnace repair or replacement, repair of broken water and sewer lines, hot water tank replacement, or correction of hazardous conditions in the main electrical panel. Funding will be available city -wide, including outside of targeted areas. 100,000.00 Emergencv Loan Program (Single /Multiple Units) -- Mid Citv NRSA Program to assist eligible homeowners located in the NRSA with various 'emergency' repairs, such as roof and furnace repair or replacement, repair of broken water and sewer lines, hot water tank replacement, or correction of hazardous conditions in the main electrical panel. 51% of homeowners assisted must be low/moderate income. 100,000.00 Acquisition /Rehab NRSA [HOME] Funds for acquisition /rehab of residential properties in the Mid City Neighborhood Revitalization Area (NRSA). 1 CIO. 000.00 Acquisition/Rehab NRSA Funds for acquisition /rehab of residential properties in the Mid City Neighborhood Revitalization Area (NRSA). 100,000.00 Weatherization Program Funding to assist eligible homeowners with weatherization repairs aimed at improving the home's ability to withstand the elements, including insulation and weather - stripping as well as improving energy efficiency including new windows and doors, and other similar improvements. 270,000.00 Program Delivery- CBO /NHS Funds allocated as contractual awards to Community Based Organization (CBO) and/or Neighborhood Housing Services (NHS) to assist with the delivery of the City's Loan Programs and to provide matching funds for the City's and agency's loan programs. Contracts will be awarded to through an Request for Proposal (RFP) process that have shown the qualifications and resources needed to accomplish the City's goals within the 6- Year Consolidated Plan. 80,000.00 Program Delivery -- Lead Based Paint Monitorinq Contractor Through a Request for Proposal (RE=P) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (not -for profit) that will ensure compliance with HUD Lead Based Paint Hazard Reduction Guidelines. 452,500.00 Program Delivery- Rehabilitation Loan Contractor Through a Request for Proposal (RFP) process, funds have been awarded by the Buffalo Urban Renewal Agency to an agency (not - for - profit), which will administer the City's Rehabilitation Ewan Program. 157,587.00 Proqram Del ive rv-Reh abilitation Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the implementation of rehabilitation activities, which is included with the City's Annual Action and 5 -Year Consolidated Plans. 762,281.00 Rehabilitation -CHDO [HOME] Mandatory set aside of 15% of the HOME allocation for certified Community Housing Development Organizations that undertake housing redevelopment activities, including acquisition /rehab /resale programs or other CHDO eligible affordable housing. 254,094.00 Rehabilitation -CHDO (Operating Costs) [HOME] Operating Cost allocation for those Community Based Organization (CBO) and /or Neighborhood Housing Service agencies (NHS) that are designated as Community Housing Development Organizations (CHDO), for various housing initiatives. 1,650,000.00 Rehabilitation -Loan Proqram (Owner Occuoied) [HOME] Funding source for City's rehabilitation loan program for low- moderate income City residents to bring homes in targeted areas into compliance with local codes and to ensure adherence to lead based paint hazard reduction requirements. I`19 2,032,313.00 Rental Rehabilitation /New Construction (Multi Familv) [DOME] Funding to rehabilitate and/or improve multi family structures, which are owned by investors and are within targeted areas of the city as designated within the 5 -Year Consolidated Plan. Funding will be available in other parts of the city but will be analyzed to ensure compliance within the City's 5 -Year Consolidated Flan. DIRECT ECONOMIC DEVELOPMENT ASSISTANCE 1 ,700,000.00 Neighborhood Commercial Loan Program Amount allocated toward a neighborhood commercial loan program. These funds will be used as leverage for larger amounts of funding with institutional financing. 600,000.00 Program Deliverv- Lendinq Funding allocation for those costs (salaries, fringe benefits, fees, etc.) directly associated with the implementation of lending activities. 1,427,530.00 HUD Section 108 Debt Repavment The amount necessary for repayment of funds borrowed through the IUD Section 108 program. 9 0 :jRylkilloIlLlFe3ljolitilli'tl~'l" ti ". 1611 1,15 10%L. 86 00 Plannina, Policv, Management Funding allocation for those costs (salaries and fringe benefits) directly associated with the planning, policy, and management of the City's Annual Action and 5 -Year Consolidated Plans. 1,141,477.00 General Administration Funding allocation for those costs (salaries and fringe benefits) directly associated with the general administration of the City's Annual Action and 5 -Year Consolidated Plans. 533,188.00 General Administration HOME Invest Partnership Proqram (HOME) [HOME] Represents the 10% administration cost cap for the HOME entitlement grant. ]t is the allotment for those costs (direct and indirect) associated with the administration of the funds. 600,000.00 General Admin Funding allocation for those costs (salaries, fringe benefits, and non - salary costs such as professional fees, office supplies, etc.) associated with the general administration of the economic development program as it conducts activities related to the City's Annual Action and 5 -Year Consolidated Plans. 31,113.00 Emerciencv Shelter Grant (ESG) Administration [ESG] Represents 5% of the ESG entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 15,659.00 Housinq Opportunities for Persons with AIDS (HOPWA) Administration [HOPWA] Represents 3% of the HOPWA entitlement grant. It is the allotment for those costs (direct and indirect) associated with the administration of the funds. 296,249.00 General Admin -13URA Overhead Funding allocation for those administrative non - salary costs, office supplies, printing, postage, etc, associated with the administration of the City's Annual Action and 5 -Year Consolidated Plans. 10 FROM THE MAYOR - EXECUTIVE DEPARTMENT February 2, 2010 FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1/93) SINGLE PagF C ICATION TO THE COMMON COUNCIL Vu TO: THE COMMON COUNCIL DATE: February 4, 2010 FROM: Dennis Sutton DEPARTMENT: Strategic Planning DIVISION: SUBJECT: : 1318 Niagara Street Investigation [: Contract Change Order #1 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item # 6 CCP May 11, 2009 Esc. (Item No. 289, C.C.P. 07/20/04) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the Investigation /remediation at the 1318 Niagara Street property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has requested and approved a revised work scope and budget for the City's consultant, LiRo Engineers, Inc., on the 1318 Niagara Street project site. The changes include a preliminary site investigation to collect analyze and report on 22 environmental samples to define the scope of the pending Interim Remedial Measure that will be conducted to mitigate the existing hazards posed by site conditions, This task is in addition to LiRo's original project scope of work, The original contract, 93000465, amount is $70,365.00. Change Order 1 will increase the budget by $6,713.90 bringing the total budget to $77,078.90. The Office of Strategic Planning intends to access the additional funds for the project from Account No. 31810006- 445100. 1 respectively request that your Honorable Body authorize an additional $6,713.90 for the 1318 Niagara Street investigation project as set forth above. 51v . I 11 TYPE TITLE: Interim Commissioner, Economic Development, Permits and Inspection Services SIGNATURE OF DEPARTMENT HEAD: C-e/)-A g\ Mr. Fontana moved: That the above communication from the Interim Commissioner of Economic Development, Permits and Inspection Services bated February 4, 2010, be received and filed, and That the Interim Commissioner of Economic Development, Permits and Inspection Services be, and he hereby is authorized to issue change order No. 1, to I,iRo Engineers, Inc., an increase in the amount of $6,713.90, as more fully described in the above communication, for work relating to 1318 Niagara Street Investigation, Contract 93000465. Funds for this project are available in Account No. 31810006- 445100. Passed 2 TAB:rmv tAwp6OVmwofdl:rmv12c2a2a.doc %AYE NO FONTANA FRANCZYK G®L®MBEK HAYNES KEARNS LGCURTO R VERA .. . RUSSELL SMITH S maj ® 5 213- 6 3/4- 7 0000 I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 2, 2010 FROM: Dennis Sutton DEPARTMENT: Strategic Planning DIVISION: Planning SUBJECT: 1318 Niagara Street Environmental Investigation And Cleanup PRIOR COUNCIL REFERENCE: Item No. 33, C.C.P. 04/03/07; Item No. 14, C.C.P. 04/03/09; Item No. 6, C.C.P. 05/11/09 TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo has begun to undertake an Environmental Investigation and cleanup at the 1318 Niagara Street property. The project is being done in conjunction with a New York State Assistance Contract (SAC) under the Environmental Restoration Program. The SAC will reimburse the City for 90% of the allowable project costs. The City is the current owner of the property. Per the approval of this Honorable Body, the City has contracted with LiRo Engineers, Inc. (contract No. 93000465) as the City's consultant and oversight engineer on the project. At the behest of NYSDEC, to expeditiously continue with the project the City intends to allow LiRo to subcontract with the New 'York State Department of Environmental Conservation's (NYSDEC) Standby Remediation Contractor, Op -Tech, for the remediation of the 1318 Niagara Street property. op- Tech's contract with the NYSDEC was competitively procured in accordance with State Finance Law. The proposed use of Op --Tech as a subcontractor to LiRo has been reviewed by City Corporation Counsel, found to be in accordance with General Municipal Law and acceptable as a contracting mechanism. It is understood that funds are available for this project from the City's environmental remediation bond account #31810006 - 445100. Therefore, it is the City's intent to have LiRo Engineers, Inc. subcontract with Op -Tech, using- those rates and Fees outlined with their Standby Contract with the NYSDEC, to undertake the remediation of the 1318 Niagara Street property. A Change Order to LiRO's contract will be presented to the your Honorable Body for approval when a negotiated price has been received and agreed upon by the City, LiRo and NYSDEC. This item is being presented for informational purposes only. I E E! AND FILED TYPE DEPARTMENT HM NAME: James Comerford TYPE TITLE: Interim CommisSioner, Economic Development, Permits and Inspection Services SIGNATURE OF DEPARTMENT HEAD: 00005 _A: #2 (Rev. 1/93) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 59 Fillmore, 93' N Hardwood Lot Size: 31'x 921' Assessed Valuation: $3,000.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Darryl T. Brzezniak, 61 Fillmore, Buffalo, New York 14210 and Ms. Roxanne M. Chase, 57 Fillmore, Buffalo, New York 14210 to purchase a portion of Fillmore, 15'/' x 121' each. Mr. Brzezniak owns and resides at 61 Fillmore, which is adjacent to 59 Fillmore. Ms. Chase owns and resides at 57 Fillmore, which is adjacent to 59 Fillmore. They both intend to use their specified portion of the vacant lot as additional yard space. The northwest portion of 59 Fillmore, 15 W x121' will be deeded Mr. Brzezniak of 61 Fillmore. The southwest portion of 59 Fillmore, 15'/x' x 121' will be deeded to Ms. Chase of 57 Fillmore. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy -Five Cents ($.75), per square foot. Mr. Brzezniak has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.00), Forty Cents ($.40) per square foot for the northwest portion of the subject property. Ms. Chase has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.00), Forty Cents ($.40) per square foot for the southwest portion of the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. Page 2 Report of Safe ® 59 Fillmore I am recommending that Your Honorable Body approve the sale of northwesterly portion of 59 Fillmore to Mr. Brzezniak and the southwesterly portion of 59 Fillmore to Ms. Chase in the amount of Seven Hundred Fifty Dollars ($750.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Reportsale59filtmoresplit/re JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING :' ,OMMUTEE # i ' ' DEVELOPMENT. #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 FROM - DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 250 Hoyt, 83.86' N Delavan Lot Size: 21'x 88' Assessed Valuation: $1,900.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Gabrielle A. Mattina, 344 West Delavan, Buffalo, New York 14213 to purchase 250 Hoyt. Ms. Mattina owns and resides at 344 West, which is adjacent to 250 Hoyt. She intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Fifty Cents ($1.50), per square foot. Ms. Mattina has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Seventy Five Cents ($35) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees, am recommending that Your Honorable Body approve the sale of 250 Hoyt to Ms. Gabrielle A. Mattina in the amount of One Thousand Four Hundred Dollars ($1,400.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsale250hoyt JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and filed; and That the offer from Ms. Gabrielle A. Mattina, residing at 344 West Delavan, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 250 Hoyt, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted., Passed. TAB:rrnv IAwp60Xtmworc \nnv15c2 -2aA)c * AYE * NO FONTANA FRANCZYK * x g� � COLOMBEK x ]C TAVNES KEARNS * M LOCURTO RIVERA RUSSELL SMITH � Maj - S Zf3 a 6 3/4- 7 x I #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 378 Normal, 226.50' SE Massachusetts Lot Size: 27' x 149' Assessed Valuation: $4,800.00 384 Normal, 171.50' SE Massachusetts Lot Size: 27' x 149' Assessed Valuation: $4,800.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Myo Thant, 380 Normal Avenue, Buffalo, New York 14213 to purchase the above referenced properties. Mr. Thant owns and resides at 380 Normal, which is adjacent to 378 and 384 Normal. He intends to use the properties for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Ninety Five Cents ($.95), per square foot. Mr. Thant has agreed and is prepared to pay Four Thousand Eight Hundred Dollars ($4,800.00), Sixty Cents ($.60) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 378 and 384 Normal to Mr. Myo Thant in the amount of Four Thousand Eight Hundred Dollars ($4,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsa lemo €etha n 1 lotnormal JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING P t�' Mr. Fontana moved. That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and filed; and That the offer from Myo Thant, residing at 380 Normal Avenue, in the sum of Four Thousand and Eight Hundred Dollars ($4,800.00) for the purchases of 378 and 384 Normal, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. Passed. 6 TAB!rint tA%vp601mswor&rtnv%6c2- 2a.doc * AYE NO FONTANA A RL'Bl'V CZ S K * GOLOMBEK * �E HAYNES 1S KEA.RNS SF L®CURTQ 'k ' RIVIERA _ RUSSELL SMITH Maj w 5 2/3 b }F L��� 3/ 7 7t' °✓✓l �e YE 0000S #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 PROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 843 Seneca 141'W Griffin Lot Size: 30' x 90' Assessed Valuation: $2,800.00 847 Seneca, 179' E Griffin Lot Size: 30'x 87' Assessed Valuation: $1,100.00 849 Seneca, 201' E Griffin Lot Size: 20'x 86' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Dixon Enterprises, Inc., Mr. Gerhardt Yaskow, 312 Summer Street, Buffalo, New York 14222 to purchase the above referenced properties. Mr. Yaskow owns a warehouse at 829 Seneca, which is adjacent to 843, 847 and 849 Seneca. He intends to redevelop the properties and use for parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Dixon Enterprises, Inc. has commissioned Arrow Appraisal Service, Ms. Patricia Swan, real estate appraiser, to estimate the Fair Market Value of the subject properties. She has estimated the Fair Market Value to be Seven Thousand Dollars ($7,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Dixon Enterprises, Inc. has agreed and is prepared to pay Seven Thousand Dollars ($7,000.00) for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. t i Y Page 2 Report of Sale 843, 847 & 849 Seneca I am recommending that Your Honorable Body approve the sale of 843, 847 and 849 Seneca to Dixon Enterprises, Inc. in the amount of Seven Thousand Dollars ($7,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsalemoretha n 1 lotseneca/re JOHN P. HANNON, JR, DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING OM M REVERRED V: L ON muggy } :, V #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 FROM; DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 119 Vilest, 100.50' SE. Maryland Lot Size: 33'x 108' Assessed Valuation: $5,200.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Eric Kempisty, 115 West, Buffalo, New York 14201 to purchase 119 West. Mr. Kempisty owns and resides at 115 West, which is adjacent to 119 West. He intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. Mr. Eric Kempisty has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600.00), Seventy Five Cents ($75) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 119 West to Mr. Eric Kempisty in the amount of Two Thousand Six Hundred Dollars ($2,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsaiel 19west JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 1 ), vr'� 4 _r' r tl Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and fled; and That the offer from Eric Kempisty, residing at 115 West, in the sum of Two Thousand and Six Hundred Dollars ($2,600.40) for the purchase of 119 West, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. E-9 1 ,s - j TABmy t \wpb©liwworftnY\8c2- 2a.doc t� AYE x NO FONTANA FRANCZYK * x x G®LO EK * . HAYNES KEARNS LOCURT® RIVERA RUSSELL x SMITH x Maj - S I * D 2/3- 6 3/4- 7 x x �j�' i # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 25, 2010 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Transfer Jurisdiction of 157 Gold from the City of Buffalo to the Buffalo Board of Education Lovejoy District PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Board of Education to transfer jurisdiction of 157 Gold from the City of Buffalo to the Buffalo Board of Education for school purposes. The property located at 157 Gold is a vacant parcel of land with a lot size of 30'x 134'. The City acquired 157 Gold in November of 2005 through Tax Foreclosure In Rem #39, Serial 5406. The Division of Real Estate contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 157 Gold Street from the City of Buffalo to the Buffalo Board of Education for school purposes. If the Board of Education deems that they no longer need this property for school purposes, they will transfer jurisdiction of 157 Gold Street back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve the transfer of jurisdiction of the above- mentioned property from the City of Buffalo to the Buffalo Board of Education; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. 160 !a aggrail, SIGNATURE OF DEPARTMENT HEAD JPH:ck transjuriscommunication I 57golda JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING W. Fontana moved: That the above communication from the Office of Strategic Planning dated January 25, 20 10, be received. and Filed; and That the Director of Real Estate be, and he hereby is authorized to transfer the jurisdiction of 157 Gold fi°om the City of Buffalo to the Buffalo Board of Education for school purposes; and if the Board of Education deems they no longer need for school purposes they should transfer the property back to the City of Buffalo; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for contracts. Passed 0 TAS.mv T;1wpWamord nnv\%2- 2a.doc J * AYE *NG* FONTANA * FRANCZYK x GOLOM13EK * HAYNES * KEARNS * LGCURTG 7f J� E AO A RI VE RA �C RUSS * 5z SMITH 9� Maj ® 5 2/ 3- 6 3/4- 7 V V L #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: January 26, 2010 FROM: DEPARTMENT: 191kyl *1[Q01l Office of Strategic Planning Real Estate SUBJECT: Transfer Jurisdiction of 300 Manhattan From the City to Buffalo to the Buffalo Board of Education The Office of Strategic Planning, Division of Real Estate has received a request from the Buffalo Board of Education to transfer jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education for school purposes. The property located at 300 Manhattan was a former nursing home situated on a lot 746'x 255'. The nursing home structure was demolished on July 2, 2009. The property was acquired by the City of Buffalo through a bankruptcy proceeding for expansion of the parking lot at All High Stadium. � The Division of Real Estate contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education for school purposes. If the Board of Education deems they no longer need this property for school purposes, they will transfer jurisdiction of 300 Manhattan back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve the transfer of jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD JPH:ck Transfer300m an haffanbdofedlre JOHN P. HANON, JR. DIRECTOR OF REAL ESTATE OFFICE TRATEGIC PLANING REFERRED 1 fl -W, C COMPO U OMMITTEE re NE Z. t� FROM THE COMPTROLLER February 2, 2010 00 2010 JAN 1 4 PIM I2•sh�GLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 7, 2010 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [:Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxtxx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted, i have approved an interfund cash loan to be made in the maximum amount of $175,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3183 - Stimulus - Curbs & Sidewalks GRANT TITLE: Buffalo Curb & Sidewalk Ramp Replacement Project -Eight (8) Streets GRANT AGENCY. New York State Department of Transportation GRANT AMOUNT: $500,000.00 LOAN AMOUNT: Maximum of $175,000.00 Estimated Date of Repayment: November 30, 2010 Signature of De artnEequesting Interfund Cash Loan � Stev epni ; mmissigger of Public Works, Parks & Streets Janet en sa, Co missioner of dmin., Finance, Policy & Urban Affairs SIGNATURE DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFilippo ��. s Mr. Fontana moved: That the above communication from the Comptroller dated January 7, 2010, be received and flied; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3183 -- Stimulus -- Curbs & Sidewalks in the amount of $175,000.00. The loan is payable at date of reimbursement. Passed II TAB:rmv tNW6oVmw *rdkrmW W -2a.am �' * A'S'E x INTO X FONTANA FRANCZYK GOLOMBEK x HAY ES KE ARNS LOCURTO ' RI 0' ERA "IS iF 9t RUSS SMITH a Maj-5 2/3- 6 3/4- 7 R i1i t LJN I l" - C;MPT OLL E'R`S OF IG 7g1 i 14 P1 12: AGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx, C.G.P. xx /xx /xxl January 7, 2010 Audit & Control /Comptroller [:Interfund Cash Loan Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $400,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3182 - Stimulus - Mill & Overlay GRANT TITLE: Buffalo Pavement Resurfacing Project -Nine (9) Streets GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $800,000.00 LOAN AMOUNT: Maximum of $400,000.00 Estimated Date of Repayment: November 30, 2010 Signature of g interfund Cash Loan SW n J. Ste is ommissioner of Pudic Works, Parks & Streets Janet Pen�S Corr�missi r r o -AdrKn 1in6nce, Policy & Urban Affairs SIGNATURE DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFllippo Mr. Fontana moved: That the above communication from the Comptroller dated January 7, 2010, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3182 — Stimulus — Mill & Overlay in the amount of $400,000.00. The loan is payable at date of reimbursement. Passed 12 R, t:woOO amwordVmv\lW- 2a.doc AYE * NO FONTANA FRANCZYK . . *. . * G®LOMBEK * * HAYNES * LEARNS * LOCURTO * RIVERA * RUSSELL * SMITH * 2/3- 6 * q*0 3/4- 7 * * ' SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 15, 2010 FROM: DEPARTMENT: Audit & Control SUBJECT: [:Comprehensive Annual Financial Report [:For the Fiscal Year Ended June 30, 2009 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. !item No. xxx. C.C.P. xx/xx/xxl 9 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2009 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Drescher & Malecki LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than April 15, 2010. f S3 G T R DEPARTMENT HEAD TITLE: Comptroller Andrew A. SanFilipp© .;! TO THE COMMITTEE ON FINANCE,, r FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION February 2, 20 1© BYOON W. BROWN MAYOR CITY OF BUFFAL DEPARTMENT OF ASSESSMENT & ° T`AXATION January 28, 2010 The Honorable Michael P. Kearns South District Council Member The Buffalo Common Council 65 Niagara Square, Rm 1401 Buffalo City Hall Buffalo, New York 14202 a MARTIN F. KENNEDY COMMISSIONER e: Request of Change in Venue, Assessment Hearings City of Buffalo Board of Assessment Review Dear Councilmember Kearns: Thank you for your letter of January 24, 2010 hared delivered to my office on January 27, 2010. You requested that the Board of Assessment Review (B.A.R.) commence assessment review hearings in individual Council Districts, and not in one central location (City Hall.) You further indicate that every effort should be made to ensure that each citizen wishing to be heard is granted that opportunity in the most convenient manner possible. A copy of your letter is attached for references purposes. In regard to the change in venue for the assessment hearings, as you correctly point out in your correspondence, Real Property Tax Law (RPTL) 525 (1) clearly states: RPTL 525. 1. "The board of assessment review shall fix the place or places for the hearing of complaints in relation to assessments and fix the hours of such hearing, ..." The RPTL makes moving assessment hearings to a different venue clearly the responsibility of the B.A.R. and their responsibility alone. This department, by effect of RPTL 525, does not have the right or authorization to effectuate such a change. The decision to name the place to conduct assessment hearings is clearly the distinct right and responsibility of the members of the Board of Assessment Review. By copy of this reply, we will notify the B.A.R. of your request. Further, I want to assure you that I personally, and every staff member in this department, make every possible effort to schedule hearings at the convenience of the property owner. Every property owner filing a complaint, both homestead and non - homestead, is advised to indicate to us any particular dates that would be inconvenient or impossible for them to attend a hearing. This request is taken into REFERRED "1"0 TN"HE COFOHIAITTEE CON FWN. 55 NIAGARA SQUARE' / 101 CITY ILALL / BUFFALO, NY 14202 -3385 / (716) 851 --5733 / FAX: (716) 851 -5730 1 11�1/V The Honorable Michael P. Kearns South District Council Member January 28, 2010 Page 2 of 3 Re: Request of Change in Venue, Assessment Hearings City of Buffalo Board of Assessment Review account and hearings are scheduled accordingly, if an owner asks for a specific date, this too is taken into consideration when hearings are scheduled. In regard to the assertion that property owners are not given sufficient notification of a hearing date, with all due respect, I disagree. Every complaint filed must be reviewed on a one on one basis for correctness of data, i.e., the address, assessed value, name of owner or representative, mailing address, request for any special considerations, required legal signatures and then audited and recorded in our city database. It is at this time that the notifications are mailed. With the approval of the Buffalo Common Council, the final filing date this year was extended from December 31, 2009 to Friday, January 15, 2010. We now have a final count of approximately 2,150 challenge forms filed for this year. Of this, almost 1,000 were filed on two days; January 14 and January 15. The same work cited above had to be accomplished for each and every one of these challenge forms as well, hearing dates set and every property owner notified by mail. I firmly believe that if an extension was not granted the overall vast majority of challenge forms filed in January would have been submitted by December 31 or any other filing date declared final. Although the extension put a burden on the department to accomplish our mandated task, it was a fair request to accommodate our homeowners. I said at the time that the work involved could and would be done. I am very proud of our staff and happy to report that through the awesome work ethic of the staff members here, every challenge form has been reviewed, input, scheduled for a hearing and every owner is, or soon will be, notified in writing. Finally, while the idea of holding assessment review hearings_ within each and every council district sounds like a nice idea, the negative arguments against such a move and the logistics involved are not very favorable. For example: The B.A.R. will generally ask the property owner if they have taken advantage of filing for any exemptions they may be entitled to. These citizens can go directly to our exemption office and file an application or at the very least obtain accurate information as to their personal qualifications. This has been an enormous assistance to many people and an outside venue would eliminate this convenience. Some property owners take advantage of the fact that they are in City Hall to pay their taxes and user fee and address other business they may have. Although moving equipment such as laptops, recorders and projectors may not sound like a major project, the B.A.R. does not have a staff to accomplish task. Currently, I have our own department staff members assist to ensure equipment is set up and operating properly, retrieve records for members of the B.A.R. when required and greeting citizens as they arrive. These staff members would not be available in an outside venue The Honorable Michael P. Kearns South District Council Member 4Y January 28, 2010 Page 2 of 3 Re: Request of Change in Venue, Assessment Hearings City of Buffalo Board of Assessment Review Off site venues increase the possibility of misplacing challenge forms and records of individual property owners that very well may contain personal and confidential information. If there are any computer operations problems or information problems at City Hall, MIS is on hand to address any issues that may develop, and they do develop from time to time. They would not be available off site. RPS feeds are an absolute necessity for information the B.A.R. reviews for each parcel. This data is accessable in our board room via Wi -F. Outside venue locations may not be wired properly for high speed internet use or have Wi -Fi capabilities. Once again, pursuant to RPTL 525, the authority to establish the location for assessment review hearings rests with the Board of Assessment Review members. Thank you once again for your letter. Sincerely, Martin F. Kennedy - -± Commissioner M FKJrjz Cc: William Maggio, City of Buffalo Board of Assessment Review Byron W. Brown, Mayor of the City of Buffalo Andrew SanFilippo, Comptroller of the City of Buffalo David A Franczyk, President, City of Buffalo Common Council David Rodriquez, Acting Corporation Counsel Ann Marie LoFaso, Principal Assessor FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS February 2, 2010 a ie 600_1j l (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 27, 2010 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # 10537 (: No Standing School Days a Install [: on Clinton Street, north side [: between Hickory Street [: and Cedar Street. [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx/xx/xx) NO STANDING e INSTALL 4 In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, north side 8:00 a.m. e 4:00 p.m. between. Hickory Street School Days and Cedar Street. This action is being taken in order to mitigate a hazardous driving condition during the loading and unloading of school buses in front of Bennett Park Montessori School #32. SJS/PJMIEDS Cc: Len Sciolino TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: _A , (ns10537 -doc) f 'I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 27, 2010 PROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial 9 10538 [; Repeal Alternate Parking - Type II [: Pine Street between William Street [: and East Eagle Street [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx/xx) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Pine Street, west side between William Street and .East Eagle Street PROHIBITED PERIOD 9:00 a.m. - 4:00 p.m. Thursday, Friday Pine Street, east side between William Street and East Eagle Street 9:00 a.m. - 4:00 p.m. Monday, Tuesday, Wednesday This action is being taken in order to provide additional on street parking on Pine Street during school hours as part of a revised parking plan in the vicinity of Bennett Park. Montessori School 032. SIS/PJM/EDS Cc: Len Sciolino TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 11- (ns10538.doc) 41 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL DATE: January 27, 2010 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: [: Notification Serial # 10539 [: Install No Parking [: on Pine Street [: between William Street [: and East Eagle Street [: (Ellicott District) PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx. C.C.P. xx/xx/xx) NO PARKING -INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Pine Street, east side between William Street and East Eagle Street PROHIBITED PERIOD 1:00 am to 7:00 am Monday, Tuesday, Wednesday Pine Street, west side between William Street and East Eagle Street 1:00 am to 7:00 am Thursday, Friday This action is being taken in order to provide additional on street parking on Pine Street during school hours as part of a revised parking plan in the vicinity of Bennett Park Montessori School #32. RECEIVED AND FILED SJS/PJM/I;DS cc: Len Sciolino TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: (ns10539.doc) 000 7 COMMUNU ICAT10N TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL Date: January 25, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks SUBJECT: Albright Knox Art Gallery (The Buffalo Fine Arts Academy doing business as The Albright -Knox Art Gallery) (the "Art Gallery ") seeks City of Buffalo's execution of certain agreements and related documentation with regard to a $450,000 Grant to the Art Gallery from the New York State Office of Parks, Recreation and Historic Preservation for Restoration of the Exterior Grand Staircase Entrance to the Art Gallery PRIOR. COUNCIL REERENCE: None The Art Gallery is planning to stabilize, repair and restore the exterior grand staircase of the Albright Knox Art Gallery. The New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP ") has approved $450,000 in grant funding to be utilized for the repairs /restoration. The restoration project is expected to cost just under $1,000,000. The OPRHP grant requires the Art Gallery to raise "matching" funds in the amount of at least $450,000. Because the Art Gallery is located on City -owned property, the City of Buffalo's agreement to certain preservation covenants /agreements and other conditions related to the grant funding are required by OPRHP. These covenants essentially require agreement by the City and the Art Gallery to the effect that the property improved with the grant funding will not, without prior consent of OPRHP, be sold, leased or otherwise conveyed for use for other than Art Gallery staircase purposes. Further covenants /agreements involve an obligation on behalf of the City or the Art Gallery to repay up to "one and one half times" the $450,000 OPRHP grant funding in the event of certain violations of the agreements or in the event of deliberate acts or gross negligence of the City or the Art Gallery leading to destruction of the improved property. Otherwise, the City is not required to provide any funding in connection with this grant. Further, the Art Gallery has agreed to obligate itself to cover the grant repayment obligation in the event that the grant proceeds must be repaid. For your reference and further information about the documentation and related agreements which the City is being requested to execute (along with the Art Gallery) as a condition of the $450,000 OPRHP grant funding, I have attached a copy of the State of New 'York Agreement ("Grant Agreement "), the Preservation Covenant to run with the land for a period of 20 years after the final disbursement of the grant and also enclosed is a copy of the proposed routine Affidavit of Title, ' J y I am requesting that your Honorable Body authorize the Mayor to execute the attached Grant Agreement and Preservation Covenant and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $450,000 OPRHP grant funding for the exterior staircase stabilization, repair and restoration project. Department Head Name: Steven J. Stepniak Title: Commissioner of Pub SIGNATURE OF DEPARTMENT HEAD: STATE AGENCY (Name & Address): New York State Office of Parrs, Recreation and Historic Preservation Agency Building One Empire State Plaza Albany, New York 12235 GUARANTOR (Name & Address): City of Buffalo 65 Niagara Square City Hall, 2 " Floor Buffalo, New York 14202 CONTRACTOR (Name & Address): Albright -Knox Art Gallery 1285 Elmwood Avenue Buffalo, New York 14222 CHARITIES REGISTRATION NUMBER: 004616 CONTRACTOR IS UP -TO -DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: 166001555 MUNICIPALITY NUMBER: N/A STATUS: CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS A NON -FOR- PROFIT ORGANIZATION NYS COMPTROLLERS NUMBER: CE08041 NYS AGENCY NUMBER: EPF- E08041 -N2 ORIGINATING AGENCY CODE: 49070 REGION: NI TYPE OF PROGRAM: ENVIRONMENTAL PROTECTION FUND HP INITIAL CONTRACT PERIOD: FROM: May 15, 2009 TO: December 31, 2011 FUNDING AMOUNT FOR INITIAL PERIOD: $450,000.00 MULTI -YEAR TERM: (if applicable) FROM: N/A TO: NIA APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A... Standard Clauses for All New York State Contracts APPENDIX A I... Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX B ... Budget APPENDIX C ... Payment and Reporting Schedule APPENDIX D ... Program Workplan APPENDIX X ... Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E... Special Conditions and Requirements APPENDIX F ... Program Specific Requirements �3 IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF- E08041 -N2 CONTRACTOR: Albright -Knox Art Gallery By Printed Name: STATE OF NEW YORK j SS.. COUNTY OF ) Date: Printed Title: On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, Notary Public, State of New York GUARANTOR: City of Buffalo APPROVED By: Date: AS TO FOMM ONLY Printed Name: Printed Title: ( 1 STATE OF NEW YORK } Coj jloj'aliatt Cn2rrtsal SS.: COUNTY OF }�` °� -_. fit) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their/ capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY: New 'Fork State Office of Parr, Recreation, and Historic Preservation Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services, and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, :Facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT. NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: 1. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding; amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this Agreement not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program.. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses for All New York State contracts, attached hereto and made a part hereof) takes precedence over all other parts of the AGREEMENT. U. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's 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 the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. M. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix Al. D. 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. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR 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 CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE 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. B. The CONTRACTOR 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. V. Property Any equipment, furniture, 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 as stated in Appendix Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are 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. B. 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. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laves and regulations, or specified in Appendix Al. STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement 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 party): 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. NON- 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 are 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. COMPTROLLER'S APPROVAL. 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 $10,000, it shall not be valid, effective or binding upon the State until it has been approved 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). 4, WORKERS' COMPENSATION 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. NON - DISCRIMINATION REOUIREMENTS. 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 t1 performance of work under this contract, Contractor is subject to fines of $50.00 pet 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. WAGE AND HOURS PROVISIONS. 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 Department. 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. 7. NON - COLLUSIVE BIDDING CERTIF'ICAT'ION. 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: S. INTERNATIONAL BOYCOTT PROHIBITION. 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 aforesaid 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 contract's 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. SET -OFF RIGHT'S. 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 to the 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. The 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 June. 2006 STANDARD CIACSES FOR WS CnlYtll M Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable vcnue 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 INFORMATION AND PRIVACY NOTIFICATION. (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. Disclosure 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 Commissioner 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. EOUAL EMPLOYMENT OPPORTUNITIES FOR 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 $100,000.00 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 furnish 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 affirmatively cooperate in the implementation of the contractor's obligations herein; and (e) 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) banking 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 Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms 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 laws 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 l 1 -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. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR" ), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's 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. June. 2006 SICCMC CLAUSES FOR NYS COMM Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond, 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. 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 subcontractor, 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, Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19, MACBRIDE FAIR EMPLOYMENT PRINCIPLES. 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 steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride hair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 24. OMNIBUS 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: 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.cmpire,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,empire.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 million: (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 yi0 business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job 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 document these efforts and to provide said documentation to the State 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. RECIPROCITY AND SANCTIONS PROVISIONS. 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 2000 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. PURCHASES OF APPAREL. 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 taws, 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, June. 2006 Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase U 1 � EPF- E08041 -N2 APPENDIX A 1 Clauses Required by Office of Parks, Recreation and Historic Preservation Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior written approval of the STATE. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate funds between budget items provided such changes do not exceed ten percent of any budget category-and have the STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which are in excess of ten percent of any budget category, if agreed to by the STATE, will be implemented by an amendment to this AGREEMENT. (See Section I, Paragraph D of the AGREEMENT). 2. Termination. A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the CONTRACTOR. B. The CONTRACTOR agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR from compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event of a breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. 3. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Omnibus Procurement Act. It is the policy of New York State to maximize opportunities for the participation of minorities and women as employees, and of New York State business enterprises, as subcontractors and suppliers on its procurement contracts. A. Omnibus Procurement Act Provisions. I. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 I Fax: (518) 2925803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vendors. II. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and assignor otherwise transfer offset credits created by this contract to third parties located in New York State. The contractor agrees to cooperate with the State in efforts to get foreign countries to recognize offset credits created by this contract. B. Equal Employment Opportunity Provisions. 1. The CONTRACTOR and its subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 11. No later than seven days after being notified of the award of this contract the CONTRACTOR shall submit an Equal Employment Opportunity (EEO) policy statement to the STATE. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 t 111. The CONTRACTOR's EEO policy statement shall contain, but not necessarily be limited to, and the CONTRACTOR, as a precondition to entering into a valid and binding State contract, shall, during the performance of the contract, agree to the following: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. (b) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or race, creed, color, national origin, sex, age, disability or marital status. (c) At the request of the STATE 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 furnish 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 affirmatively cooperate in the implementation of the CONTRACTOR's obligation herein. IV. No later than seven days after being notified of the award of this contract the CONTRACTOR may be required to submit to the STATE a staffing plan of the anticipated work force to be utilized on this contract or, where required, information on the CONTRACTOR's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of staffing plan shall be supplied by the STATE. V. On a schedule to be determined by the STATE, and in a form and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, broken down by specified ethnic background, gender, and Federal occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. VI. The CONTRACTOR shall include the language of sub- paragraphs (1) through (V) in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with this contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, when requested, provide to the CONTRACTOR information on the ethnic background, gender, and Federal Occupational Categories of the employees to be utilized on this contract. VII. The CONTRACTOR agrees to comply with a] I applicable Federal, State and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. C. Minority /Women Owned Business Enterprise Provisions. 1. A directory of minority and women -owned business enterprises is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 / Fax: (518) 292 -5803 It. Definition. For the purposes of these clauses, the following definition shall apply: (a) "Certified business" shall mean either a business certified as a minority or women -owned business enterprise pursuant to section 314 of the Executive Law. (b) "Director" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 (c) "Minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (1) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race; (3) Native American or Alaskan native persons having origins in any of the original peoples of North America; (4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. (d) "Minority-owned business enterprises" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty -one percent owned by one or more minority group members; (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority ownership has and exercises the authority to control independently the day -to -day business decisions of the enterprise; and (4) an enterprise authorized to do business in this state and independently owned and operated. (e) "Subcontract" shall mean an agreement providing for total expenditures in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation or not - for - profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (f) "Women -owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty -one percent owned by one or more United States citizens or permanent resident aliens who are women; (2) an enterprise in which the ownership interest of such women is real, substantial and continuing; (3) an enterprise in which such women ownership has and exercises the authority to control independently the day - to -day business decisions of the enterprise ; and (4) an enterprise authorized to do business in this state and independently owned and operated. III. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified M/WBE's on this agreement, at the direction of the STATE, but in no case later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list all subcontractors and suppliers the contractor intends to use on the contract and indicate which are certified M/WBE's. (b) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; (1) the name of any M/WBE which is not acceptable for the purpose of complying with M/WBE participation goals; (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation of M/WBES; and Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPP- E08041 -N2 (3) other information which the STATE determines to be relevant to the utilization program. (c) The contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within five days and direci the contractor to submit a request for a partial or total waiver of M/WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within Eve days of the contractors receipt of a notice that the statement of remedy was untimely or inadequate. (d) A contractor who has trade good faith efforts to obtain commitments from MIWBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions of clauses (b) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) If the contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M/WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or if the contract has not been executed, the STATE shall withdraw from contract negotiations. Notice of termination or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. IV. Administrative Hearing on Disqualification of Contractor. (a) If the STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination of disqualification of the contractor. (b) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. (c) Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. V. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the MIWBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? (b) Did the contractor place advertisements in appropriate general circulation, trade and minority or woman -owned publications in a timely fashion? (c) Did the contractor make written solicitations to women and minority -owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion? (d) Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- EO8041 -N2 (e) Did the contractor attend any prebid or preaward meetings scheduled by the STATE with M /WBE's which the STATE determined were capable of performing work or supplying materials on the contract? (f) Were the subcontract terms and conditions offered to M/WBE's comparable to those offered in the ordinary course of the contractor's business to other subcontractors on the contract? (g) Did the contractor make payments to MIWBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shall submit, and shall require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women -owned business enterprises on forms and at intervals to be established by the STATE. Reports not submitted at such times as shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure or Inability to Meet M/WBE Participation Goals. (a) If the contractor, after making good faith efforts, is unable to comply with a contract's M /WBE participation goals, the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. (b) If the STATE, upon review of the contractor's utilization program and compliance reports, determines that the contractor is failing or refusing to comply with M/WBE participation goals, and no waiver has been issued in regards to such non- compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of M/WBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the contractor submits a request for a waiver of M/WBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15 -A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. (b) If the contractor fails to respond to a notice of deficiency, the STATE may file a complaint with the Director pursuant to section 315 of Article 15-A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief. (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. (e) Upon receipt of a complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15 -A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. (f) Upon conclusion of the arbitration proceedings, the arbitrator will submit to the Director his or her award regardin the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to gran waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law an Rules. (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommer- the Director a remedy, including, if appropriate, the imposition of sanctions, fines or penalties. The Director w either; Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase A EPF- E08041 -N2 (1) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed, or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determination of the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, from pursuing any -other remedies which it may have pursuant to law and the contract. IX, Subcontracts. The contractor will include the provisions of sub- paragraphs (v) and (viii) above in every subcontract, as defined in sub - paragraph (ii), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. 4. Non - Discrimination. The CONTRACTOR shall not limit access or discriminate in the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 APPENDIX B e BUDGET The detailed estimated budget for the project as outlined in this AGREEMENT is as follows: EXPENSES: Pre- development To include: Archeology, architectural design $ 65,000.00 Development To include: Demolish existing foundation, pour new concrete $835,000.00 stringer /slabs, install waterproof membrane system, evaluate and install all salvable stone with stainless steel and epoxy, reconstruct entire staircase and landing Administration To include: Construction supervision, bidding, audit, project sign, $ 52,150.00 grant administration TOTAL COST $952,150.00 FUNDING BREAKDOWN: STATE Share $450,000.00 CONTRACTOR Share $502,150.00 Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 APPENDIX C - PAYMENT AND REPORTING SCHEDULE DEVELOPMENT I. Amount of Grant Award: $450,000.00 11. The STATE agrees to make available to the CONTRACTOR a sum not to exceed the funding amount identified on the face page hereof. The STATE share shall cover no more than fifty percent of eligible expenditures for any reimbursement request under this AGREEMENT. The grant reimbursement rate is determined by the ratio of funding amount to the total project cost in accordance with the budget (Appendix B). M. The STATE'S share of the project cost as set forth in this AGREEMENT shall be paid to the CONTRACTOR in installment payments as follows: A. INSTALLMENTS: CONTRACTOR shall be reimbursed as expenditures accrue for costs incurred from the project as outlined in APPENDIX B. Payments shall be made upon review and approval of appropriate plans, specifications, expenditure and project documentation to the satisfaction of the STATE and proof that the Preservation Covenant has been received by the Erie County Clerk's Office for recording. No more than 3 installments shall be allowed prior to the final installment. B. FINAL INSTALLMENT of not less than 10% of the STATE'S share of the total cost shall be made upon, to the satisfaction of the STATE: (1) completion of the project, (2) expenditure and project documentation., (3) review and approval of the Project Completion Report, (4) performance of a Final On -Site Inspection by the STATE, (5) if an amendment is required, a fully executed document must be on file prior to release of final reimbursement and formal close -out of the project, (6) documentation verifying the recording of the Preservation Covenant (a copy of the recorded document, showing Libor and Page Number) for Historic Preservation projects only, (7) for Parks projects, documentation verifying the recording of the Conservation Easement (a copy of the recorded document, showing Libor and Page Number) if project is sponsored by a not -for -profit organization, a list of facilities developed and acres acquired, an as -built and as- acquired site map* and a final boundary map *. When parkland is involved, a map of the entire park, even if the subject of the grant involves property that is less than the entire park. The boundary map should show both: {a) the actual boundaries of the entire park in yellow, an d in enough detail to be legally sufficient to identify the parkland, and {b} the actual boundaries of those parcels that are the subject of an acquisition or donation, color -coded and keyed to the "Schedule I - Summary Sheet Per Parcel" form. Acceptable methods of identification are: {I } metes and bounds (preferred), (2) deed references, {3) adjoining water bodies or other natural landmarks, {4} government survey, f 5 adjoining ownership's and/or {6} adjoining casements of record. Where one or more of these methods are not suitable for identification, measurements from permanent locators may be used. It is recommended that the map itself clearly show pertinent features such as roads, road names and numbers, bodies of water, buildings, structures, etc. The map must also identify all known outstanding rights and interests held by others, as well as known easements, deed/lease restrictions, reversionary interests, etc. The reap must also include the title and number of the project, date of map preparation and name and signature of authorized officer, (8) approval by the STATE of documentation showing efforts made to satisfy requirements for the participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts, (9) Capital construction projects and/or acquisition projects with a grant amount of $99,999 or less shall provide an Agreed Upon Procedure Review of the grant, performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy, in accordance with attestation standards established by the American Institute of Certified Public Accountants and in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America, Capital construction projects and /or acquisition projects with a grant amount of $100,000 or more shall provide an audit of the Statement of Contract Revenues and Contract Expenditures as performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. *May be prepared on one map. Albright-Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 IV. Payment shall be made upon approval by the STATE and audit and warrant of the State Comptroller of vouchers executed by an authorized officer of the CONTRACTOR accompanied by such receipts and documents verifying expenditures as may be required by the STATE. V. The CONTRACTOR shall submit, with each payment request, a certificate executed by an authorized officer, which shall attest that said payment, does not duplicate a request for payment, or any payment received, from any other source for goods or services under this AGREEMENT. VI. The designated payment office shall be New York State Office of Parrs, Recreation and Historic Preservation, Agency Building One, Empire State Plaza, Albany, New York 12238, Attention: Grants Unit, 16th Floor. VII. Within fifteen days of receiving the voucher, the STATE shall notify the CONTRACTOR of any problem with the voucher; for example, whether there are mistakes on the voucher or additional documents must be submitted. Once the CONTRACTOR has submitted a voucher to the STATE, the STATE will review and audit the voucher and submit it to the State Comptroller within thirty days. VIII, The STATE shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this AGREEMENT. The CONTRACTOR shall allow the STATE unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the STATE in all construction contracts relating to the project. IX. The CONTRACTOR can receive reimbursements of all or any part of the above referenced schedule provided the appropriate expenditure and project documentation is submitted and approved by the STATE. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 APPENDIX D - PROGRAM WORKPLAN I. PROTECT NARRATIVE: The Albright -Knox Art Gallery is an E.B. Green - designed Greek revival style building. Today the grand entrance staircase on the east side of this historically significant building is suffering the ravages of time and is in desperate need of stabilization and repair. The Albright -Knox Art Gallery is a world renowned museum of modern and contemporary art and a cornerstone of cultural tourism for the Buffalo Niagara region and all of Western New 'York that must be preserved and maintained and made accessible to all. IL ARTICLE 15A PARTICIPATION: The STATE has established the following goals for the participation of certified minority and women -owned businesses (MWBEs) on this project: MBEs, 8% of total dollar value WBEs, 7% of total dollar value The CONTRACTOR shall comply with the provisions of the document labeled Appendix A 1, which is attached to and made a part of this AGREEMENT. III. The following Schedule is a recommended timeframe for monitoring major thresholds which will result in completion of the grant by the scheduled ending date. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non- adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should be submitted for approval/acceptance by the STATE as follows: ITEM DATE DUE THE FOLLOWING ITEMS MUST BE SATISFIED BEFORE STARTING THE BIDDING PROCESS A copy of the Solicitation/RFP for Design Services Ground Disturbance Documentation October, 2009 November, 2009 Final Plans and Specifications December, 2009 UPON SATISFACTION OF THE ABOVE, PROCEED WITH THE FOLLOWING: Construction Bidding Process Commences February, 2010 Bid Award March, 2010 M1WBE Utilization Program -EEO Staffing Plan Start of Construction April, 2010 MIWBE -EEO Required Reports MONTHLY BEGINNING May, 2410 Payment Requests ONGOING Project Completion December, 2011 Close -out Documentation Requirements (See Appendix C) March, 2012 Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPIC - EO804I -N2 APPENDIX X -MODIFICATION AGREEMENT FORM Period From: To: Agency Code: 49070 Project #: E08041 Contract #: CE08041 Funding Amount for Period: This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Office of Parks, Recreation and Historic Preservation, having its principal office at Agency Building One, Empire State Plaza, Albany, New York 12238 (hereinafter referred to as the STATE), and the Albright -Knox Art Gallery, having its principal office at 1285 Elmwood Avenue, , Buffalo, New York 14222 (hereinafter referred to as the CONTRACTOR), for modification of Contract Number CE08041, as amended in attached Appendix.. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR: Albright -Knox Art Gallery By: Printed Name: Printed Title: Date: STATE OF NEW YORK County of } } SS.. } STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation Uln Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herltheir capacity (ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ATTORNEY GENERAL (Notary Public, State of New York) Approved: Thomas P. DiNapoli State Comptroller By Date Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 ' APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS HP PROJECT NON - SECTARIAN ENTITY 1. Eton- Sectarian Certifications. The CONTRACTOR certifies that it is a non - sectarian entity and that funds made available under this AGREEMENT as shown in Appendix B shall not be used for any sectarian purposes. It. Secretary of the Interior's Standards. All work undertaken on the project and the subject property shall conform to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992, the Secretary of the Interior's Standards and Guidelines for Archeological Documentation or any other applicable Secretary of the Interior's Standards (collectively referenced as STANDARDS), which are available from the STATE. 1111. Preservation Restriction. In order to assure the preservation of the historic resource, the CONTRACTOR agrees to execute and keep in effect an agreement conveying an easement or preservation restriction to the STATE and such others as the STATE deems appropriate. The entity acquiring the easement or restriction and the form of the document shall be subject to the approval of the STATE. IV. The AGREEMENT and the Preservation Covenant must not be subordinate to any other security interest in the property including, but not limited to, purchase money mortgages. *V. All planning documents, plans and specifications must be approved by the STATE before the CONTRACTOR awards contracts for the project or the subject property. These must be prepared by a qualified professional as defined in Title 9 EPF Regulations. VI. Public Access; the CONTRACTOR agrees to permit the public to have access to the subject property as follows; Since the SUBJECT PROPERTY is visible from a public right-of-way, no additional public access is required. *VII. With the commencement of the project, the CONTRACTOR shall erect a project sign at the project site noting the State's assistance to the project. The project sign specifications are available from the STATE. The project sign shall remain in place for a period of no less than 20 years from the final disbursement of State funds under this AGREEMENT. *VIII. The CONTRACTOR shall provide the following documentation to the STATE prior to the final execution of this AGREEMENT: Vendor Responsibility Questionnaire. An Affidavit of Title. A copy of the determination letter from the US Department of the Treasury which verifies the CONTRACTOR's tax - exempt status and identifies the CONTRACTOR's Federal ID number. A copy of the determination letter from either the Department of State or the Office of the Attorney General which identifies the CONTRACTOR's Charities Registration number or, if exempt, a copy of a letter from the NYS Attorney General Charities Bureau, citing exemptions. A copy of the CONTRACTOR's Certificate of Incorporation. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircases EPF- E08041 -N2 A copy of the CONTRACTOR's By -Laws. IX. In the event of any unanticipated archeological discoveries, the CONTRACTOR shall stop all work and notify the STATE immediately. Work shall not resume until the STATE determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. *X. Due to the potential for ground disturbance resulting from any ground disturbing activity (e.g., treching, grading, demolition, new construction), an archeological survey is required unless substantial prior ground disturbance can be documented. Documentation of prior ground disturbance, or a proposal for archeological testing, must be reviewed and approved by the STATE before undertaking either the testing or ground disturbance. XI. Since the CONTRACTOR is not the sole owner of the unencumbered fee of land identified under this AGREEMENT, the OWNER will act as GUARANTOR. The GUARANTOR will take no action that will conflict with, or impinge upon, the execution of the terms and conditions of this AGREEMENT by the CONTRACTOR or the STATE, including the successful completion of the work items included in Schedule B, and as described in the Appendix D narrative. The GUARANTOR will have no further responsibilities or obligations under this AGREEMENT. *XH, The CONTRACTOR will consult with the STATE's Historic Preservation Field Services Bureau (FSB) when any development is proposed for this parcel. Development encompasses the partial or complete demolition, rehabilitation or construction of structures or landscape features, including changes to topography (the height, depth or shape of natural and man -made ground features), vegetation (hedges, fields, wooded areas), circulation features (roads, paths, trails, parking areas, navigable waterways), natural and man -made water features, and structures, site furnishing and objects. All work will conform. with The Secretary of the Interior's Standards for the Treatment of Historic Properties. Materials describing the proposed work will be submitted for FSB review and approval, along with photographs documenting existing condition. *Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. Albright -Knox Art Gallery Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- E08041 -N2 APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS 1. Construction Requirements. A. Any consultant contract in the amount of twenty -Eve thousand dollars ($25,000) or more for architectural, engineering or design services shall be awarded on a competitive basis after the CONTRACTOR has developed and publicized a Request for Proposal; a copy of the Request for Proposal and documentation of all responses shall be included with submission by the CONTRACTOR of any voucher for payment for such services. B. Contract plans, specifications, and cost estimates shall be submitted to the STATE for review prior to the letting of any construction contract by the CONTRACTOR. Once all changes have been made and agreed to by the STATE and the CONTRACTOR, the CONTRACTOR shall submit three copies of the plans, specifications and cost estimates to the STATE. The STATE shall verify that the plans, specifications and cost estimates are in conformance with the work described in "APPENDIX B - BUDGET" and shall so notify the CONTRACTOR in writing; the STATE shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. A complete set shall be returned to the CONTRACTOR by the STATE and shall be kept on the project site at all times. All plans and specifications as reviewed shall become part of this AGREEMENT, and no change or revision may be made to such plans and specifications without the express written consent of the STATE. C. Contracts for construction in excess of twenty thousand dollars ($20,000) shall be awarded after competitive bidding in accordance with the provisions of the General Municipal Law. A certified copy of a summary of all bids shall be submitted to the STATE prior to awarding a contract, and an executed copy of the construction contract will thereafter be submitted to the STATE. D. The CONTRACTOR shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- Appendix A to 41 CIiR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform Fire Prevention and Building Code (parts 1100-1102 of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. E. It is the CONTRACTOR'S responsibility to assure that all work on the project complies with all applicable state and/or local laws including, but not limited to, zoning ordinances and building codes. R All purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. G. It is the CONTRACTOR's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The CONTRACTOR must also obtain from any contractor or sub - contractor hired to provide a service pursuant to this AGREEMENT, similar proof or waiver from the contractor or sub - contractor, and must maintain such documentation on file for audit. H. Goods and services which are not required by this contract to be procured by the CONTRACTOR pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. Stabilization, Restoration and Repair of the Exterior Entrance Staircase EPF- EO8041 -N2 H. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the project. A. Except for the imposition of a differential fee schedule for non - residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non - residents shall not exceed twice those charged to residents, B. Where there is no charge for residents but a fee is charged to non - residents, non - resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non - residents and the period of availability must be the same for both residents and non - residents. D. This provision does not apply to non - resident fishing and hunting license fees. 1H, Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGREEMENT shall not supplant local funds already appropriated or identified by the CONTRACTOR for the project. IV. Termination. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or termination of any obligation of the STATE. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). V. Alienation. A. The CONTRACTOR shall not alter, demolish, sell, lease or otherwise convey the project, in whole or in part, unless it shall have first received the written approval of the STATE, B. The CONTRACTOR agrees to own or hold by lease and to maintain and operate the project for a period of 20 years from the date of the final disbursement of State funds under this AGREEMENT. During such period, the CONTRACTOR shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the STATE. EME08041 -N2 Stabilization, Restoration and Repair of the Exterior Entrance Staircase CE08041 PRESERVATION COVENANT THIS INDENTURE, made this day of , 2009, by and between the State of New York acting by and through the New York State Office of Parks, Recreation and Historic Preservation (hereinafter referred to as "the STATE ") with offices at Agency Building One, Empire State Plaza, Albany, New York 12238, the Albright - Knox Art Gallery (hereinafter referred to as the "CONTRACTOR ") with offices at 1285 Elmwood Avenue, Buffalo, New York 14222, and the City of Buffalo (hereinafter referred to as the "OWNER ") with offices at 65 Niagara Square, City Hall, 2" Floor, Buffalo, New York 14202. WITNESSETH: WHEREAS, pursuant to the Environmental Protection Act, Title 9 of Article 54 of the Environmental Conservation Law, the STATE administers a program providing grants to municipalities and not- for - profit corporations to restore and develop historic properties which are listed on the National or State Register of Historic Places; and WHEREAS, the OWNER has title to certain historic real property along with the improvements located thereon, which is more particularly described in a condemnation proceeding by an Order through the Superior Court of Buffalo, granted August 4, 1870 and filed August 30, 1870 in the Erie County Clerk's Office, in Liber 294 of Deeds at Page 180 hereinafter referred to as the HISTORIC PROPERTY; and WHEREAS, the CONTRACTOR has an interest in the HISTORIC PROPERTY more particularly described in an agreement between the Park Commissioners and the Buffalo Fine Arts Academy dated April 10, 1900. WHEREAS, the CONTRACTOR has been awarded $450,000.00 for the exterior restoration of the grand entrance staircase of the Albright-Knox Art Gallery, such award being conditioned on the satisfaction of certain duties and obligations. NOW, THEREFORE, in consideration of the receipt of the State funds mentioned above, the CONTRACTOR and the OWNER do hereby covenant and agree to the following restriction in relation to the HISTORIC PROPERTY. I . Scope of Covenant. This restriction shall be binding on the CONTRACTOR and the OWNER in relation to the following portions of the HISTORIC PROPERTY that was aided with State funds, i.e., the exterior restoration of the grand entrance staircase of the Albright -Knox Art Gallery, hereinafter referred to as the SUBJECT PROPERTY. 2. Covenant Running with the Land. This restriction constitutes a covenant running with the land, and all successive future owners shall have the same obligations as the CONTRACTOR and the OWNER for as long as the restriction is in effect. 3. Purpose. The purpose of this restriction is to secure the preservation of historic resources and to ensure that a public benefit is derived from the expenditure of public funds. 4, Public Access. The CONTRACTOR and the OWNER agree to permit the public to have access to the SUBJECT PROPERTY as follows: Since the SUBJECT PROPERTY is visible from a public right -of- -way, no additional public access is required. If applicable the CONTRACTOR and the OWNER shall submit verification of such access to the STATE. 5. Term of Restriction. This restriction shall be binding upon the CONTRACTOR and the OWNER for a minimum of 20 years from the date of the final disbursement of State funds under this AGREEMENT or the useful life of the improvement, whichever is longer. { b. Maintenance Required, The SUBJECT PROPERTY shall be kept and maintained in reasonably good order, 6 condition and repair and in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992, the Secretary of the Interior's Standards and Guidelines for Archeological Documentation or any other applicable Secretary of the .Interior's Standards (collectively referenced as STANDARDS). 7. Alterations to SUBJECT PROPERTY. (a) Before plans for any proposed construction, alteration or demolition affecting the SUBJECT PROPERTY are finalized, the CONTRACTOR or the OWNER will provide such information to the STATE as will reasonably inform the STATE as to the work to be performed, the scope of the work, details of the treatment and materials and application, along with any other documentation requested by the STATE that is reasonably needed to define the nature and character of the work to be performed and the anticipated period of time in which the work is estimated to be completed. The provisions of this paragraph, as well as those of paragraph eight, shall not apply if the changes are (1) clearly of a minor nature and not affecting architectural, archeological or historic values or (2) immediate actions required by casualty or other emergency to stabilize or prevent the loss of the SUBJECT PROPERTY and promptly reported to the STATE pursuant to paragraph eight of this agreement. (b) Secretary of the Interior's Standards. No work affecting the SUBJECT PROPERTY shall commence until the CONTRACTOR or the OWNER has received written certification from the STATE that all work is anticipated to be in substantial conformance with the STANDARDS. 8. Damage or Destruction to SUBJECT PROPERTY. (a) As early as practicable after damage or destruction to the SUBJECT PROPERTY, whether caused by the CONTRACTOR, the OWNER or through a cause beyond the CONTRACTOR'S or OWNER'S control, the CONTRACTOR or the OWNER will notify the STATE in writing of such damage or destruction. The notice will include (1) an assessment of the nature and extent of the damage; (2) an estimate of the restoration /reconstruction work necessary to return the SUBJECT PROPERTY to the condition existing at the time of completion of the State - funded work, along with any plans and specifications prepared for the work required; and (3) a description of any emergency work already completed. The CONTRACTOR or the OWNER shall restore /reconstruct the SUBJECT PROPERTY according to paragraph seven of this agreement, if in the opinion of the STATE the purpose and intent of this restriction will thereby be served. (b) If restoration/reconstruction is not feasible and the SUBJECT PROPERTY has been so damaged that the qualities that resulted in its being listed on the National or State Register of Historic Places have been lost, the STATE will take steps to remove the SUBJECT PROPERTY from the National or State Register. If the SUBJECT PROPERTY is removed., the STATE will notify the CONTRACTOR and the OWNER in writing that the restriction is null and void. In no case will the required cost of any restoration /reconstruction be more than the amount of State funds expended on the SUBJECT PROPERTY. (c) If destruction is determined to be due to a deliberate act of the CONTRACTOR or the OWNER or caused by the gross negligence of the CONTRACTOR or the OWNER, the CONTRACTOR or OWNER may be required to repay to the STATE an amount equal to one and one -balf times the State funds expended on the SUBJECT PROPERTY. 9. Violations. In the event of a violation of any provision of this covenant the STATE may, at its option, and following reasonable notice to the CONTRACTOR and the OWNER, exercise any or all of the following remedies: (a) declare the grant forfeited and demand the return of all funds disbursed under this agreement. (b) declare the grant forfeited and demand the return of all funds disbursed under this agreement plus a penalty equal to 1/2 of the amount of the grant. (c) enter the SUBJECT PROPERTY, correct any violation of the terms of this covenant, restore the SUBJECT PROPERTY to its prior condition, and hold the owner or any successor in interest responsible for the cost thereof. (d) institute suit against the CONTRACTOR or the OWNER to enjoin such violations and, if appropriate, require the restoration of the SUBJECT PROPERTY to its prior condition. In addition to the remedies set forth above, the STATE shall have all legal and equitable remedies to enforce the CONTRACTOR's and the OWNER'S obligations under this agreement, and in the event the CONTRACTOR, the OWNER or any successor in interest is found to have violated such obligations, the CONTRACTOR, the OWNER or such successor shall reimburse the STATE for any costs and expenses incurred in connection with the enforcement of this agreement, including court costs and attorney's fees. 10. Approvals. The CONTRACTOR, the OWNER and any successor in interest may at any time request the approvals required under paragraphs seven and eight above, or request temporary or permanent relief from any of the restrictions contained in this agreement, by delivering such request in writing to the STATE, addressed to the Commissioner of the Parks, Recreation and Historic Preservation. Approval of such requests shall not be unreasonably withheld, and the CONTRACTOR or the OWNER or its successor may cause the reasonableness of any such denial to be reviewed by an appropriate proceeding instituted in the Supreme Court of the county where the property is located. 11. OWNER'S Rights to Use. Except as provided in paragraph four of this agreement, nothing in this covenant shall be construed to convey to the public a right of access or use of the property and the OWNER, its heirs, successors and assigns shall retain the exclusive right to such access and use. 12. Waivers. A waiver of any breach of any covenant, term, condition or limitation of this agreement shall not constitute a waiver of any other or any later breach of any covenant, term, condition or limitation, nor shall it otherwise prevent the enforcement of such breach. 12. Severability. The parties to this agreement agree that all covenants, easements and restrictions in this agreement shall be severable, and that should any covenant, easement or restriction in this agreement be declared invalid or unenforceable, the remaining covenants, easements and restrictions shall not terminate. 14. Binding Upon Successors. The foregoing representation, covenants, terms and conditions are expressly understood - as being binding upon the CONTRACTOR, the OWNER, all heirs, executors, administrators, assigns and successors of the CONTRACTOR or OWNER and all other persons whatsoever, real or artificial, having or claiming any interest in the SUBJECT PROPERTY and, together with this paragraph, shall be inserted in all instruments which dispose of any interest in the SUBJ ECT PROPERTY, but whether or not so inserted, shall be deemed by all persons to have been inserted. 15. Recording of Covenant. The STATE shall record this instrument in the County Clerk's Office and shall provide the CONTRACTOR and the OWNER with proof of such recording. IN WITNESS WHEREOF, the CONTRACTOR and the OWNER and the STATE have hereunto set their hands the day and year first above written, Albright -Knox Art Gallery By Title City of Buffalo By Title Office of Parrs, Recreation and Historic Preservation By Erik Kulleseid Deputy Commissioner for Open Space Protection APPROVED AS TO FORM ONLY Corporation Counsd y 4t- Whenever the CONTRACTOR does not have clear title to the property, all persons having or claiming interest in the property, including but not limited to joint owners and mortgagees, must execute this agreement, Additional pages may be affixed as necessary, including additional acknowledgement blocks. Signed By Title Signed By Title Signed By Title Albright -Knox Art Gallery STATE OF NEW YORK ) )SS.: County of ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument an d acknowledged to me that he /she /they executed the same in his /her /their capacity(ics), and that by his/her/ their signature(s) on the instrument, the individual(s), or the person, upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York City of Buffalo STATE OF NEW YORK } )SS.; County of ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument an d acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her/ their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York Office of Parks Recreation and Historic Preservation STATE OF NEW YORK ) SS.: County of Albany ) On the day of in the year 2004, before me, the undersigned, personally appeared, Erik Kulleseid personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public, State of New York Additional Interested Parties STATE OF NEW YORK } } SS.. County of } On the day of in the year before one, the undersigned, personally appeared , personally known to me or proved to me o n the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, Notary Public, State of New York STATE OF NEW YORK } SS.: County of } On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /heir /their capacity(ies), and that by leis /her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY (Name & Address): New York Stale Office of Parks, Recreation and Historic Preservation Agency Building One Empire State Plaza. Albany, New York 12238 GUARANTOR (Name & Address): City of Buffalo 65 Niagara Square City Hall, 2` Floor Buffalo, New York, 14202 CONTRACTOR (Name & Address): Albright -Knox Art Gallery 1285 Elmwood Avenue Buffalo, New York 14222 CHARITIES REGISTRA'T'ION NUMBER: 004616 CONTRAC'T'OR I5 UP -TO -DATE with ding all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: 166001555 MUNICIPALITY NUMBER: N/A STATUS: CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS A NON -FOR- PROFIT ORGANIZATION NYS COMPTROLLERS NUMBER: CE08041 NYS AGENCY NUMBER: EPF- EQ8041-N2 ORIGINATING AGENCY CODE: 49070 REGION: NI TYPE OF PROGRAM: ENVIRONMENTAL PROTECTION FUND RP INITIAL CONTRACT PERIOD: FROM: May 15, 2009 TO: December 31, 2011 FUNDING AMOUNT FOR INITIAL PERIOD: $450,000.00 MULTI -YEAR TERM: (if applicable) FROM: N/A TO: NIA APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A... Standard Clauses for All New York State Contracts APPENDIX Al. .. Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX B ... Budget APPENDIX C ... Payment and Reporting Schedule APPENDIX D ... Program Workplan APPENDIX X... Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E... Special Conditions and Requirements APPENDIX F ... Program Specific Requirements Affidavit of Title (For Notmfor- Pro fits) New York State Parks and Recreation Project Name: Project Number: State of New York ) } County of SS.: FIRST: I reside at (Title) of , being duly sworn, says: and I am the (Organization's Name) which is the owner in fee simple of the property described in the above-referenced project. Said property was acquired by said owner at the time and in the manner following: Deed dated: -. Deed recorded: Page #: Liber #: Prom: (Seller) SECOND: During the entire period of such ownership, said property was in the possession of said owner or owners; that such possession was peaceable and undisturbed, and title thereto was never disputed, questioned or rejected. I /Vile know of no facts by reason of which such possession or title might have been called into question or by reason of which any claim to any part of said property or interest therein adverse to said ownership might have been set up. There are no judgments against such owner or owners unpaid or unsatisfied of record entered in any Court of this State or of the United States. Said property is free and clear of all mortgages, attachments, judgments, leases, tenancies, easements, licenses, charges, estates, unpaid taxes and assessments, unredeemed or uncancelled tax sales, contracts of sale, actions or proceedings that may affect the same, or of any and all other rights, liens and encumbrances whatsoever, except (state exceptions, if arty) THIRD: No proceedings in bankruptcy have ever been instituted by or against said owner or owners in any Court or before any officer of any Mate or of the United Mates, nor has an assignment for the benefit of creditors been. made, at any time. FOURTH: I am over the age of eighteen years. FIFTH: (Additional statements, if any) SIXTH: The allegations herein as they relate to any co-owners and to any ownership in corporate, representative or fiduciary capacity, are 'Upon information and belief. All statements and representations in the Affidavit are made to induce The people of the State of new York to release to (Organization Name) - - - the grant money in accordance with the above - mentioned project. Print Name Signature Date Sworn to before me this d of 20 Notary Public, State of New York N Mar. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 25, 2010 be received and filed; and That the Mayor be, and he hereby is authorized to execute the attached Grant Agreement and Preservation Covenant and that the Mayor and /or other City personnel be authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $450,000 OPR1P grant funding for the exterior staircase stabilization, repair and restoration project at the Albright Knox Art Gallery. Passed. 15 regn1ty TAwp6 imsworftnvUU,2- 2a.doo * AYE * * FONTANA FRANCZYK * G®LGMBEK x HAYNES KEAR.NS * * L®CURT® * - RVERA * RUSSELL * SMITH * � * * * * Maj m 5 2/3- 6 * x 3/4- 7 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 27, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Change in Contract #93000193 [: Bicycle Rack Installation Project — Phase I [: Miller Enterprises, Inc PRIOR COUNCIL REFERENCE: (IF ANY) [: item #23 of July 22, 2008 I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order is to install additional bicycle racks as approved by BURR for Street Synergy- Better on Bailey Bicycle Racks Installation Project. BURR has identified and authorized funding in Program Year account 35- 50203 and will reimburse 100% of the cost of work completed as a result of this item. Contract Estimated Unit Bid Estimated Item Descriotion Unit Quanti Price Cost B615.8120 Bicycle Rack EA 13 $540.00 $7,020.00 Original Contract: $19,845.00 Change Orders to Date: 959,400.00 Change Order #2: $ 7,020.00 Revised Contract Amount: $86,265.00 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 Miller Enterprises, Inc. from Capital Account 431306706- 445100 & #30032106- 445100. PJM /EDS Cc: Steven J. Stepniak, Commissioner Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer �5 SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Miller Enterprises, Inc., an increase in the amount of $7,020.00, as more fully described in the above communication, for work relating to Bicycle Rack Installation Project, Phase I, C #93000193. Funds for this project are available in Capital Account #31306706-445100 and #30032106-445100. Passed 16 TAB:rmv t:hvp6Ol iiswor&nnv\16c2- 2a.doc q � J * AYE NO x iS FONTANA 'k FRANCZYK F GG ?i HAYNES � KEA RNS LGCURT® RIVERA - .k RUSSELL SMITH Ma j ° 5 213- S 3/4- 7 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL -TO: T HE COMMON COUNCIL DATE: December 30, 2009 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Franczyk Park Environmental Remediation [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 29, CCP 05/26/09 EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for Franczyk Park, Environmental Remediation, TVGA Consultants, C #92010761. The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the investigation /remediation of Franczyk Park. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has approved a revised work scope and budget for the City's consultant, TVGA Consultants, Inc., on the Franczyk Park project site. The change includes additional oversight activities dating to October 2003, TVGA attendance at additional on -site meetings to address project finalization punch fist items and to undertake additional site visits to review work completed in response to those meetings. Change Order #10 will increase the project budget by $1,507.52 to $557,032.12. The Department of Public Works intends to access the additional funds for the project from account 36030306 445100 — Buildings, respectfully request that Your Honorable Body authorize an additional $1,507.52 for the Franczyk Parr project as set forth. SJS /PJM /DS /DAH /dIg cc: Comptroller Joseph Schollard, Buildings S. Harvey, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: ®�� Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 2009, be received and fled; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 10, to TVGA Consultants, an increase in the amount of $1,507.52, as more fully described in the above communication, for work relating to Franczyk Park, Environmental Remediation, C #92010'761. Funds for this project are available in account 36030306 445100 — Buildings. Passed 17 IC.1? t hvp60Vwword\:rmAI7c2- 2a.doc * AYE *NO* FONI`ANA FRANCZYK G ®LOMBEK HAYNES KEARNS L ®CURT® RIVERA RUSSELL SMITH maj „ S ae 2I3- 6 3/4- 7 n * * * * * x 00451 #2 (Rev._ 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 19, 2010 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT:: Emergency Repairs to the West Ferry [: Street Lift Bridge PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xx/xx /xx) [; This is to advise Your Honorable Body that the New York State Department of Transportation has issued three red structural flags to the West Ferry Street Lift Bridge. This bridge is currently in the design stage now for a complete rehabilitation, however, due to the critical nature of the flagged conditions the necessary repairs must be made at this time. As P13 Americas, Inc. is our consultant for the rehabilitation project I have asked their office to review the flagged conditions and develop a repair detail. I am hereby requesting Your Honorable Body's permission to engage the services of PB Americas, Inc, to develop the necessary plans and specifications and assist the City of Buffalo with construction management while the repairs are being made to the bridge at a cost not to exceed $85,000.00. I am also requesting your permission to seek emergency informal bids for this work, which will be reported to Your Honorable Body. Funds for this work are available in Enigneering Bond funds 31310606-445100, 32310106 - 445100 and 30032106 - 445100. PJM :SJS :DJP TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer Department of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: � t- Mr. Fontana, moved: That the above communication from the Commissioner of Public Works, Pare and Streets dated January 19, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to engage the services of PD Americas, Inc., for Emergency Repairs to the West Ferry Street Lift Bridge, in an amount not to exceed $85,000.00. Funds for the project are available in Engineering Bond fiends 31310606 - 445100, 32.310106- 445100 and 30032106 - 445100. Passed. -rAB:r,Y t:\0\lmwoYa�rmv\r8o2n2a.doe * AYE * NO * FONTANA FRANCZYK GOLOMBEK HAYNES it KEARNS LOCURTO RIVERA RUSSELL SMITH maj - 5 2/3- 6 3/4- 7 all. ; #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 22, 20110 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [ [: Endorsement of Application for [: U.S. Department of Energy [: American Recovery & Reinvestment [ : Act Funding for Energy [: Ef'ficienev d Conservation [: Blook Grants The American Recovery and Reinvestment Act (ARRA) provides an unprecedented opportunity for funding to the City of Buffalo through several agencies of the federal government. ARRA funding is designed to preserve and create jobs and promote economic recovery, to assist those most impacted by the recession, to provide investments needed to increase economic efficiency by spurring technological advances in science and health, to invest in transportation, environmental protection, and other infrastructure that will provide long term economic benefits and to stabilize State and local government budgets in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Department of Energy (DOE) will provide direct "stimulus" funding to the City of Buffalo through the Energy Efficiency and Conservation Block Grant (EECBG) program for projects that reduce energy use and fossil fuel emissions, and improve energy efficiency. Through this formula grant program, the federal government predetermines the allocation to large municipalities, and DOE has allocated $2,616,421 to the City of Buffalo through the EECBG. In order to receive this funding, the City must submit a comprehensive energy plan and an application dealing the plan of work to spend the allocation. The Department of Public Works, Parks & Streets, in conjunction with the Office of Strategic Planning have identified energy efficiency opportunities across City -owned buildings including City -Wide Lighting Retrofit, City -Wide bighting Controls, Installation of City -Wide Building Management System, Window Replacements, City -Wide Weatherization, Low Emissivity Ceiling and Insulation Boiler Replacements, Chiller.Replacement, Air -- Handler Repair or Replacement, Control Vending Machines, Variable Frequency Drive, and High Efficiency Motors. I am recommending that Your Honorable Body authorize the Mayor on behalf of the City of Buffalo to submit the City of Buffalo application for EECBG funding and that Your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation and all contracts as shall be necessary to facilitate the grant funding and that Your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works P Streets SIGNATURE OF DEPARTMENT HEAD: SJS /PJM:cam cc: Peter J. Merlo, P.E., City Engineer i (cc412210.doc) # 1 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: Thursday, June 18, 2009 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: 0. i js - 9 o' PRIOR COUNCIL REFERENCES: None The American Recovery and Reinvestment Act (ARRA) provides an unprecedented opportunity for funding to the City of Buffalo through several agencies of the federal government. ARRA funding is designed to preserve and create jobs and promote economic recovery, to assist those most impacted by the recession, to provide investments needed to increase economic efficiency by spurring technological advances in science and health, to invest in transportation, environmental protection, and other infrastructure that will provide long -term economic benefits, and to stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Department of Energy (DOE) will provide direct "stimulus" funding to the City of Buffalo through the Energy Efficiency and Conservation Bloch Grant (EECBG) program for projects that reduce energy use and fossil fuel emissions, and improve energy efficiency. Through this formula grant program the federal government predetermines the allocations to large municipalities, and DOE has allocated $2,616,421 to the City of Buffalo through the EECBG. In order to receive this funding, the City must submit a comprehensive energy plan and an application detailing the plan of work to spend the allocation. The Office of Strategic Planning, in conjunction with the Department of Public Works have identified energy efficiency opportunities across City -owned buildings including City -Wide Lighting Retrofit, City -Wide Lighting Controls, Installation of City -Wide Building Management System, Window Replacements, City - Wide Weatherization, Low Emissivity Ceiling and Insulation, Boiler Replacements, Chiller Replacement, Air - Handler Repair or Replacement, Control Vending Machines, Variable Frequency Drive, High Efficiency Motors. I am recommending that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to submit the City of Buffalo application for EECBG funding and thatour Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation and all contracts as shall be necessary to facilitate the grant funding and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. DEPARTMENT HEAD NAME: Brian Reilly TITLE: COMMISSIONER, ECONOMIC DEVELOPMENT PERMITS & INSPECTION SERVICES r� SIGNATURE OF DEPARTMENT HEAD: Stepniglk - , ,Steve Idl . 1 1 „ I , , From: Fleming,Karen Stanley Sent: Friday, January 06, 2010 12:58 PM To: Estrich,Donna; Gonzalez,Susan; Sartosik,Joseph; Stepniak,Steve; Merlo, Peter; Schollard, Joseph; Marcy,Michael Cc: Penksa,Janet Subject: Information on the 17 community centers to be upgraded with $2.6 million from Stimulus I ECDBG Attachments: council filing.doc; NY- CITY - BUFFALO- Budget 62509.pdf Dear All: For your reference, I am sending information on the Energy Efficiency Community Development Block Grant (stimulus funding) award of $2.6 million to the City of Buffalo. The attached documents give a summary of the grant (the council filing) as well as the detailed budget which shows how the money will be spent at each center. The selection of centers received the Mayor's approval prior to the grant application Lafa flink m_____ ________ ' Riverside Park (Bud Bakewel� University heights Community Center -3242 ' Friends of the Elderiv / PAL Center -118 E J B Wiley §ports gnpi x 296 Best St MLK Park Shelter - Humbolt Parkway_ _ _ _ _, ._....,,______________-._____- Valley _Carmichael Com Ctr - 83 Leddy St Northwest Community Cer3ter - 155 Lawn Ave ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .- - - _ _t Old 1st Ward 62 RepublicSt-____ -____� Rees St Rec. Center - Rees St. { Delevan Mosells ComGtr - 881 East Delevan A � PW Parks - Machnica Center 1799 Clinton St ' Schiller Park Senior Center - 2057 Ge � Crucial - 230 Moselle St ' Bailey Delavan Community Svc Inc 0 - - 2056 m� Gen ' West Side Comm - 161 Vermont St TJ Dulski Community - 129 Lewis St _ w; Those centers are: Where we are in the process: CONTlRAUS DOE sent electronic contract documents in December, which are under review by our corporation counsel Council Filing covers council so contracts go only to control board for approval To Mayor for signature Back to DOE i FINANCING This may be an "upfront- funded" grant — which is the best case scenario. I'll let you know once 1 have verified that in the contract and grant guidance. If it is not an upfront - funded grant, we will need to make an interfund loan request. PROJECTS RFP in progress to get contractors, and to require significant MWBE participation — the project can be split to accommodate several contractors Issue RFP Review proposals Select contractor(s) Complete the projects Karen Stanley Fleming Director of Urban Affairs Department of Administration, Finance, Policy and Urban Affairs City Hall, Room 203 Buffalo, NY 94202 -3390 Phone: (796) 859 -5713 Fax: (716) 859 -5790 kflornina cbr.city- baffalo, com z 1 � Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated J anuary 22, 2010, be received and filed; and That the Mayer be, and he hereby is authorized on behalf of the City to submit the City of Buffalo's application for Energy Efficiency and Conservation Block Grant funding. That the Mayor be, and he hereby is authorized to execute and process such additional documentation and all contracts as shall be necessary to facilitate the grant funding. That the Corporation Counsel be, and he hereby is authorized to finalize said contracts and other necessary documentation in a manner which is satisfactory. Passed. 19 REQ:nnv IAWP60 IIMVQrd\MIV\l9a2 -2a.dM * AYE * NO * * FONTANA * FRANCZYK * GOLOMBEK HA,YNES * * KEA,RNS * LGCURT® * RVERA * RUSSELL * SMITH * Maj «5 2/3- G is 3/4- 7 It 11 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 15, 2010 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: PIN 5ER0.63 [ Federal Highway Reimbursement [: From October 12, 2006 Storm PRIOR COUNCIL REFERENCE: (IF ANY)[ The Department of Public Works, Parks & Streets would .like to request from Your Honorable Body that the City of Buffalo enter into an agreement with the State of New York to accept 100% reimbursement of $993,929.00 from the Federal Highway Administration for the October 12, 2006 storm. Before this can occur, the City of Buffalo needs to have a signed agreement in place with the State of New York. A copy of this agreement is attached for your information. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: >' SJS /PJM:cam cc: Peter J. Merlo, P.E., City Engineer (cc011510.doc) F C[LO % STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION REGION FIVE. 100 SENEC:A STREET BUFFALO, NY 14203 2939 ALAN E, TAYLOR, P.E, REGIONAL DIRECTOR January 13, 2010 Peter J. Merlo, P.E., City Engineer City of Buffalo City Hall, 65 Niagara Square, Room 502 Buffalo, NY 14202 STANLEY GEE ACTING COMMISSIONER RE: FAIN 5ER0.63 FEDERAL AID EMERGENCY RELIEF PROGRAM CITY OF BUFFALO HIGHWAY REPAIR PROJECT STORM DEBRIS CLEAN-UP AND REMOVAL, CITY OF BUFFALO, ERIE COUNTY Dear Mr. Merlo: The Federal Highway Administration (FHWA) has compiled an Emergency Relief Program Project Listing for Emergency Projects resulting from the Buffalo, NY Snow Storm which occurred on October 12, 2006, FHWA Event No. NY- 06 -02, (see enclosed Emergency Relief Project Agreement, Attachment A). Projects appearing on this list are eligible to receive Federal Aid reimbursement ranging from 80% to 100% of the costs incurred to implement the listed Emergency Repairs. Included on this Emergency Relief Program Project Listing is the maintenance work performed with City of Buffalo Resources and by Contractual Services to clean -up and remove down trees and tree branches from Federal Aid eligible highways located throughout the City. Based on the above, we have enclosed a copy of a Sample Resolution and a Emergency Relief Project Agreement under which the City of Buffalo would receive a Federal Aid reimbursement for the Emergency Repairs it implemented immediately following this storm. Since the City completed the required E=mergency Repairs within 180 days of the Emergency Declaration Date, the enclosed Agreement will provide the City with a 100% Federal Aid reimbursement of the City's repair project costs which totaled $ 493,929. Under the enclosed Agreement, the City of Buffalo has administer the required Emergency Repairs and therefore, has committed to pay, in the first instance, 100% of the Federal and Non - Federal shares of the cost of these repairs which currently equals $ 493,929. The NYSDOT will, via the process described in Chapter 4 and Appendix 4.2 of the "Procedures for Locally Administered Federal Aid projects" Manual (available both in hard copy and through NYSDOT's web site at: httD: / /www. dot. state. nv.us /pubs /localDroi /local.htmi ), reimburse the City, the Federal share (100 %) of the cost of these required repairs which currently equals $ 493,929. Please obtain a Resolution authorizing the City's Mayor to enter into the enclosed Emergency Relief Project Agreement with the State of New York to provide $ 493.929, which equals this Agreement's current estimated cost to implement the required highway repair project. Since these repairs were preformed by City Forces and Emergency Contractual Services, your Resolution could indicate that the required funds were previously appropriated as part of the City of Buffalo's Department of Public Works 2006 Operating Budget, ( see attached - Sample Resolution). Peter J. Merlo, P.E. Emergency Relief Project Agreement PIN 5ERO.63 _ Emergency Repairs Project Page 2 January 13, 2010 Return six (6) certified copies of your Resolution along with six (6) original, notarized, one -sided copies of the enclosed Emergency Relief Project Agreement to us. Please note the City's Corporation Council is also required to sign each copy of the Agreement. If you have any questions regarding the attached Emergency Relief Project Agreement and /or the agreement process, please call David J. Priebe, in our office in Buffalo, at 847 -3137. Sincerely, Douglas Smith, P.E. Local Projects Unit DKS /DJP Encl. cc: Steve Stepniak, P.E., Commissioner, City of Buffalo, Department of Public Works, Parks and Streets, (w /o Encl.) Brian Kirch, NYSDOT Emergency Relief Co- ordinator, 50 Wolf Road, FL 5 - AVE E - 8" ST, (w /o Encl.) Emergency Relief Project Agreement (12/09) MUNICIPALITY: Clty of Buffalo PROJECT ID NUMBER:5ERO.63 BIN: A/A PHASE: PER SCHEDULES A Emergency Relief Project Agreement COMPTROLLER'S CONTRACT NO This Agreement, effective this_ day of_ 2010 is by and between: the New York State Department of Transportation ( "NYSDOT "), having its principal office at 50 Wolf Goad, Albany, NY 12232, on behalf of New York State ("State "); and, ,the City of Buffalo (the "Municipality ") acting by and through the Mavor of the City of Buffalo with its office at Buffalo City Nall, Nlacr quare Buffalo. IVY 14202. This agreement identifies the party responsible for administration, and establishes the method or provision for funding, of applicable phases of a Federal -aid municipal streets and highway project not on the State highway system, as such project and phases are more fully described by Schedule A annexed to this agreement or one or more duly executed and approved Supplemental Schedules A to this agreement. The phases that are potentially the subject of this agreement, as further enumerated below, are: Preliminary Engineering ("PE ") and Right -of -Way Incidental ("ROW Incidentals ") work; Right -of -Way Acquisition; Construction; and/or Construction Supervision and Inspection. The Federal -aid project shall be identified for the purposes of this agreement as the Citv of Buffalo emergency hliahway Repair Proeect. Debris Removal reaultinq from the Buffalo, NY Snow Storm on October 12. 2000; (F¢ll`! A Event No. NY-06-02L (as more specifically described in such Schedule A or Supplemental Schedules A, the "Project "), WITNESSETH; WHEREAS, the United States has provided for the apportionment of federal -aid funds to the State for the purpose of carrying out Federal -aid highway projects pursuant to the appropriate sections of Title 23 U.S. Code as administered by the Federal Highway Administration CTHWA "); and WHEREAS, the New York State Highway Law authorizes the Commissioner of Transportation (hereinafter referred to as "Commissioner ") to use Federal aid available under the Federal -aid highway acts and provides for the consent to and approval by the Municipality of any project under the Federal -aid highway program which is not on the State highway system before such Project is commenced; and WHEREAS, pursuant to authorizations therefore, NYSDOT and the Municipality are desirous of progressing the Project under the Federal -aid and, if applicable, Marchiselli -aid Programs; and WHEREAS, Emergency Relief funds may be used for emergency repairs and permanent repairs, WHEREAS, the Emergency Relief Program provides 100% reimbursement for temporary emergency repairs within 180 days of the event. Emergency repairs completed after 180 days of the event is considered permanent work. Reimbursement for permanent repairs is 90% for Interstates and 80% for other functional classifications, WHEREAS, the Municipality has applied and been approved for emergency disaster relief under FHWA's Emergency Relief program. Emergency Relief Project Agreement (12109) e Legislative g' ative Body of the Municipality by Resolution No. adopted at meeting held on :. approved the Project, the Municipality's any applicablle tr Muni o cipal Depositdentif identified appropriated necessary funds in connection with _ applicable Schedules A and has further authorized the Mavor of the Municipality to execute this Agreement and the applicable Schedule A on behalf of the Municipality (a copy of such Resolution is attached to and made a part of this Agreement). NOW, THEREFORE, the parties agree as follows: ] . Documents Forming this Agreement, The agreement consists of the following: MAgreement Form - this document titled "Master Federal Aid and Marchiselli Aid Project Agreement "; ®Schedule "A" - Description of Project phase, funding and deposit requirements; ®Schedule "B" e Phases, Subphase/Tasks, and Allocation of Responsibility ®Appendix "A" - New York State Required Contract Provisions ®Appendix "B" - U.S, Governmerit Required Clauses S ®Municipal Resolution(s) - duly adopted municipal resolution(s) authorizing the appropriate municipal official to execute this Agreement on behalf of the Municipality and appropriating the funding required therefore. 2. General Description of Work and Responsibility for Administration and Performance, Subject to the allocations of responsibility for administration and performance thereof as shown in Schedule B (attached), the work of the Project may consist generally of the categories of work marked and described in Schedule B for the scope and phase in effect according to Schedule A or one or more supplemental Schedules A as - may hereafter be executed by the parties hereto and approved as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the execution of such Schedules A for the purposes of conforming to New York State or to Federal Highway Administration requirements, The Municipality understands that funding is contingent upon the Municipality's compliance with the applicable requirements of the 'Procedures for Locally Administered Federal Aid Projects" manual (available both in hard copy and through NYSDOT's web site at: httDs://www.nvsdot.aov/ divisions /operating /orodm /local- r)roarams- bureau /tocaliv- administered- federal- ald- proiects), in particular the Appendices to Chapter 4 entitled Work Requirements, Record Keeping Guidelines and Consultant Selection Procedures, as such may be amended from time to time. 3, Municipal Deposit, Where the work is performed by consultant or construction contract entered by NYSDOT, or by NYSDOT forces, and unless the total non - Federal share of the Project phase is under $5000, the Municipality shall deposit with the State Comptroller, prior to the award of NYSDOT's contract or NYSDOT's performance of work by its own forces, the full amount of the non - Federal share of the Project costs due in accordance with Schedule A. 4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly apply Federal old and the required Municipal Deposit for the non - Federally aided portion, and, if applicable, shall request Thruway Authority funding of Marchiselli aid to the Municipality as described below. For work performed by or through the Municipality NYSDOT will reimburse the Municipality with Federal old and, if applicable, Marchiselli aid as described below, PIN - 5ERO.63 Emergency Relief Project Agreement (12109) [ ' ( 1 l 41 Federal Aid, NYSDOT will administer Federal funds for the benefit of the Municipality for the Federal share and will fund the applicable percentage designated in Schedule A of Federal aid participating costs incurred in connection with the work covered by this Agreement, subject to the limitations set forth on Schedule A, For work performed by or through the Municipality NYSDOT will reimburse Federal aid - eligible expenditures in accordance with NYSDOT policy and procedures, 4.1,1 Participating Items. NYSDOT shall apply Federal funds only for that work and those items that are eligible for Federal participation under Title 23 of U,S, code, as amended, that requires Federal aid - eligible projects to be on the Federal Aid Highway System C'FAHS'), except for bridge and safety projects that can be off the FANS. Included among the participating items are the actual cost of employee personal services, leave and fringe benefit additives are eligible for Federal participation. Other participating costs include materials and supplies, equipment use charges or other Federal Participating costs directly identifiable with the eligible project, 4.1,2 Periodic Reimbursement, Except where the Municipality proceeds or has proceeded without an agreement with NYSDOT, if the Municipality finds it desirable to have reimbursement made periodically, upon the request and certification therefore by the Municipality NYSDOT may make Federal aid progress payments based on either; a. billings submitted by the consultant; b, payment estimates prepared by NYSDOT's Engineer In Charge; or c. billings prepared by the Municipality in accordance with NYSDOT requirements, based on costs incurred as disclosed by the records thereof, as required by the Project, with adjustments (including for applicable retainage) to be made after audit by NYSDOT or FHWA. These payments shall be made. as moneys become available therefore. 4.2 Marchiselii Ald(if applicable). NYSDOT will request Thruway Authority reimbursement to the Municipality of the upset amount and designated percentage in Schedule A of the non - overmatched non - federal share of federal participating cost, (the "State share "), incurred in connection with the work covered by this agreement, subject to the limitations set forth on Schedule A. Not all federal aid-eligible participating costs are eligible for Marchisell! aid. Only "Eligible Project Costs" (as defined in Marchisell! Program instructions issued by NYSDOT) incurred after April 1, 1991 are reimbursable. 4.2.1 Marchiselli Eligible Project Costs, To be eligible for Marchisell! Aid Project costs must: (a) be eligible for federal participation as described under §4.1; (b) be for work which, when completed, has a certifiable service life of at least 10 years; and (c) be for a work type that relates directly and exclusively to a municipally - owned highway, bridge or highway- railroad crossing off the State Highway System, 422 Periodic Reimbursement, Except where the Municipality proceeds or has proceeded without a Marchisell€ agreement with NYSDOT, if the Municipality finds it desirable to have reimbursement made periodically, upon the request and certification therefore by the Municipality NYSDOT may submit a request to the Thruway Authority to make progress payments based on the amount of Federal Aid participating expenditures made to date by the New York State Comptroller. For work performed by or through the Municipality, NYSDOT will reimburse eligible Marchisell! expenditures in accordance with Marchiselli program policy and claims procedures, with adjustments (including for applicable retainage) to be made after audit by NYSDOT or FHWA. These payments shall be made as moneys PIN - 5ERO.63 Emergency Relief Project Agreement (12109) become available therefor, 4.3 In no event shall this Agreement create any obligation to the Municipality for J funding or reimbursement of any amount in excess of: (a) the amount stated in Schedule A or duly executed Supplemental Schedules A for the f=ederal Share (b) the amount stated in Schedule A or duly executed Supplemental Schedules A as the State (Marchiselli) share or the amount stated in the Comprehensive List, whichever is lower. 4.4 All items included by the Municipality in the record of costs shall be in conformity with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall, be subject to audit by the State and the FHWA. 4.6 If Project - related work is performed by NYSDOT, NYSDOT will be paid for the full costs thereof. To effect such payment the reimbursement to the Municipality provided for in sections 4.1 and 4,2 may be reduced by NYSDOT by the amounts thereof in excess of the Municipal Deposit available for such payment to NYSDOT. 5. Supplemental Agreement or Supplemental Schedule A. Supplemental Agreements or Supplemental Schedules A may be entered by the parties, and must be approved in the manner required for a State contract. In the event Project cost estimates increase over the amounts provided for in Schedule, A or Eligible Project Costs in the Comprehensive list are increased by the legislature, no additional reimbursement shall be due to the Municipality unless the parties enter into a Supplemental Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs. & State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Municipality any moneys paid to the Municipality pursuant to this Agreement which are subsequently determined to be ineligible for Federal Aid or Marchiselli Aid hereunder, 7. Loss of Federal Participation. In the event the Municipality withdraws its approval of the project, or suspends or delays work on the Project, or takes other action that results in the loss of Federal participation for the costs incurred pursuant to this agreement, the Municipality shall refund to the State all reimbursements received from the State, and shall reimburse the State for 100 %Q of all preliminary engineering and right -of -way incidental costs Incurred by NYSDOT. The State may offset any other State or Federal aid due to the Municipality by such amount and apply such offset to affect such refund. 8. Municipal Liability. 8.1 If the Municipality performs work under this agreement with its own forces, it shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Municipality, its officers, agents, servants or employees, contractors, subcontractors or others in connection therewith. The Municipality specifically agrees that Its agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. 82 The Municipality shall indemnify and save harmless the State for all damages and costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Municipality its officers, agents, servants, employees, contractors, subcontractors or others under this agreement. Negligent performance of service, within the meaning of this section shall include, in addition to negligence founded upon tort, negligence based upon the Municipality's failure to meet NIM ° bh"U.63 Emergency Relief Project Agreement (12 /08) professional standards and resulting in obvious or patent errors in the progression of its work. t0 9. Facility Maintenance. Except as otherwise provided for a NYSDOT administered project during its construction phase only, the Municipality shall be responsible for the maintenance of the project at the sole cost and expense of the Municipality. If the Municipality intends to have the project maintained by another, any necessary maintenance agreement will be executed and submitted to NYSDOT before construction of the Project is begun. Upon its completion, the Municipality will operate and maintain the Project at no expense to NYSDOT and during the useful life of the Project the Municipality shall not discontinue operation of the Project without the prior written approval of NYSDOT. The Municipality will not dispose of the Project during its useful life without the prior approval of NYSDOT, which approval is reserved for the purposes of assuring compliance with restrictions that may apply should the State's grant be funded from the proceeds of tax - exempt debt obligations. In the event of such approved disposition the Municipality shall either cause the purchaser or transferee to assume the Municipality's continuing obligations under this Agreement, or shall reimburse NYSDOT for the pro -rata share of the grant over the remaining useful life of the Project. 10. independent Contractor, The officers and employees of the Municipality, in accordance with the status of the Municipality as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as nor claim to be an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers Compensation coverage, unemployment insurance benefits, Social Security or Retirement membership or credit. 11. Contract Fxecutory,� Required Federal Authorization. It is understood by and between the parties hereto that this Agreement shall be deemed executory only to the extent of the moneys available to the State and no liability on account thereof shall be Incurred by the State beyond moneys available for the purposes hereof. No phase of work for the project shall be commenced unless and until NYSDOT receives authorization from the Federal government. 12. Assignment or Other Disposition of Agreement. The Municipality agrees -not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right, title or interest therein, or its power to execute such Agreement to any person, company or corporation without previous consent in writing of the Commissioner. 13. Term of Agreement, As to the Project and phase(s) described in Schedule(s) A executed herewith, this agreement takes effect as of the date of this Master Agreement as first above written. This agreement takes effect as to the Project and phase(s) established in any duly executed and approved supplemental Schedule(s) A as of the date of such supplemental Schedule(s) A. This agreement shall remain in effect so long as Federal aid and Marchiselli aid funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities, However, if such authorizations or availabilities lapse and are not renewed, continued or reenacted, as to funds encumbered or available and to the extent of such encumbrances or avallabilities, this agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a Federal or State budgetary hiatus will not by itself be construed to lapse this agreement, provided any necessary Federal or State appropriations or other funding authorizations therefore are eventually enacted. 14. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in this contract, and neither NYSDOT nor any of its officers or employees shall be responsible or liable, nor shall the Municipality assert, make, or join in any claim or demand against NYSDOT, its officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, t Emergency Relief Project Agreement (12/09) its officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is not specifically required or prohibited by this agreement, 15, Required Clauses. Attached hereto and made a part of this agreement as if set forth fully herein is Appendix A, standard clauses for all New York State contracts, lb, Notices, All notices permitted or required hereunder shall be in writing and shall be transmitted either; (a) via certified or registered United States mail, return receipt requested: (b) by facsimile transmission; (c) by personal delivery, (d) by expedited delivery service: or (e) by e -mail, For all Emergency belief Agreement purposes, such notices shall be addressed by the Sponsor to the officially designated Regional Local Program Liaison (RLPL) and, by NYSDOT, to the officially designated Primary Sponsor's Contact or to such different parties and addresses as the parties may from time -to -time mutually agree to designate, The parties herein agree to exchange such contact information above which shall include Organization Name, Individual Name & Title, Mailing Address, Telephone number, Facsimile number, & E -mail address, 2. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or email, upon receipt, 3. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and /or for dispute resolution, PIN o 5ERO.63 Emergency Relief Project Agreement (12/09) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the date first above written. MUNICIPALITY /SPONSOR: MUNICIPALITY /SPONSOR ATTORNEY: By: By: Print Name: Print Name: Title: STATE OF NEW YORK ) )ss.: COUNTY OF ERIE ) On this day of 20 before me personally came to me known, who, being by me duly sworn did depose and say that he /she resides at : that he /she is the of the Municipal /Sponsor Corporation described in and which executed the above instrument, (except New York City) that It was executed by order of the of said Municipal /Sponsor Corporation pursuant to a resolution which was duly adopted on and which a certified copy is attached and made a part hereof, and that he /she signed his name thereto by like order. Notary Public APPROVED FOR NYSDOT: BY; For Commissioner of Transportation Agency Certification: In addition to the acceptance of this contract I also cerltfy that original copies of this signature page will be attached to all other exact copies of this contract. APPROVED AS TO FORM; STATE OF NEW YORK ATTORNEY GENERAL By: Assistant Attorney General Date: COMPTROLLER'S APPROVAL By: For the New York State Comptroller Pursuant to State Finance Law § 112 i Sched A (7107) Page 1 of 3 NY'SD T /Local Agreement m Schedule A for FAIN 5EROH63 OSC Municipal Contract #: I contract End Data: 12 /31 /201' I(.,wdcL") ® Check, if date changed from the fast Schedule A Purpose: Z Original Standard Agreement ❑ Supplemental Schedule A No. Agreement ® Locally Administered Municipality /Sponsor (Contract Payee): City of Buffalo Type: Other Municipality /Sponsor (if applicable): ® State Administered List participating Municipality(les) and the % of cost share for each and indicate by checkbox which Municipality this Schedule A applies. ® Municipality: % of Cost share ® Municipality: % of Cost share ❑ Municipality: % of Cost share Authorized Project Phase(s) to which this Schedule applies: ® PE /Design ❑ ROW Incidentals ❑ ROW Acquisition ® Construction /Cl /CS Work Type: MISC APPURTENANCES County (lf different from Municipality): Erie Project Description ® ( check, ifchangedfrom last Schedule A).. City of Buffalo Emergency Highway Repair Project: Additional Project Description (if required): This Project involved City of Buffalo Resources (Labor and Equipment) and Contractual Services required to remove debris (down trees and tree branches) from Federal Aid eligible City Streets do to the Heavy Snow on October 12, 2€106 in Buffalo, NY and its surrounding Towns, (FHWA Event No. NY- 06- 02)..... Marchiseili Eligible ® Yes E] No Approved Marchiselli Allocations in Legislature's Comprehensive List FOR All PHASES To compute Total . Costs.ln the last rove and column, right click in each field and select Update f=ield." Check box to indicate Project Phase change from last State Fiscal Year(s) TOTAL Schedule PE/Design ROW (RI & RA) Construction /CI /CS [❑ Cumulative total for all prior SFYs $ $ $ $ 0.001 ❑ Current SFY 09114 $ $ $ $ 0.001 Authorized Atlocations:wDate $ 0.00 $ 0.00 $ 0.00 $ 0.00 A. Summary of allocated .MARCHISELLI Program Costs FOR ALL PHASES For each PIN Fiscal share below, show current costs on the rows indicated as `Current.': Show the old costs from the previous Schedule A on the row Indicated as `Old." To compute Total current Costs in the last raw, right click In each field and select "Update Field." LOCAL "Current" DEPOSIT PIN or "Old" Federal FEDERAL STATE LOCAL AMOUNT Fiscal entry Funding Total Costa Participating Share MARCHISELL1 Matching (Required Share Indicator Program and Percentage Match Share only If State Administered) Current $ $ $ $ $ $ TOTAL ti*kh G, Total Local :136,-Poslt(s):, Requ(red for State Administered - Projects. D. Total Project Costs To.eompute Total Costs in the last column, right click in the field and select "Update Field.° Total FEDERAL Total STATE Total Other Total LOCAL Cost MARCHISELLI STATE Cost Cost Cost $493,929.00 $0.00 $0.00 $0.00 E. Point of:Contact for Questions Rogarding this Name; David J. Priebe Schedule A (Must be completed) Phone N0: 716-847-3137 See ,Agreement (or Supplemental Agreement Cover) for required contract signatures. $0.00 Total Costs (all sources) $493,929,00 Sched A (1/o7)' NYSDOT /L.ocai Agreement — Schedule A Page 3 of S Footnotes: (See CADS Website for link to sample footnotes) ® No. 1 _ WORK TYPE: Emergency Maintenance, Storm Debris Removal..... s No. 2 _ FEDERAL AID REIMBURSEMENT: Since the City's Emergency Repairs were completed within 180 days of the Snow Storm event, the Emergency Relief Program provides 100% Federal Aid Reimbursement, No Local Match is required..... s ,,____ . ' 00 0 � � - 4 CT) (P A -P 0 2) W (0D N C/) -� 3: Q- - cca co ® � ro n ML �qW �s : -•c °c 0� o o = M ,,< tie 0 C � 0 w 0 CD 0 w tn Ch CD C7 0 CD CD R 0 0 2) � 53 � a c- M m 0- 0. ' ` � co (D :3 M CD - 0 :n :3 0 <m - � � ro = cD � � n CD -0 '0 � CL CD 0 w Z:' � 0- r- ® �n �� C � o� cis SD CD o < (D CD Q, W (n Z3 (D ® . CD Ch CD CD to (� ro 0 ® ° 0. 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(( \ ) % �2 ƒ m 2 m / R cn � < m « 0 k/^ 5 y2 @0.0 _ § 0 = = (D �3 0 0C 7 ;7 / < 2 Z} % X22 q� 0- E Cl) § 0 ] R Em \ 2 � m � Q � m @ 3 ƒ 0 Z3 2 � 0 < CD � =7 0 'a a ) 2 f � � 0 CL CD / / _ � 0 CD c � Cl) k & � � / � : � \ - ■ z $ I 0 f J ƒ // � ¥� « � % k FA J � ` 3� q \ I ;,' APPENDIX A: STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement 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 party): L 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. Z. NON - 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 are 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. COMPTROLLER'S APPROVAL_. 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 $10,000, it shall not be valid, effective or binding upon the State until it has been approved 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). 4. WORKERS' COMPENSATION 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. NON-DISCRIMINATION REOUIREMENTS. 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 performance of work under this contract. Contractor is subject to fines of $50.00 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. WAGE AND HOURS PROVISIONS. 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 Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing Page 1 February, 2009 wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as �1/ determined by the State Labor Department in accordance with the Labor Law, 7. NON- COLLUSIVE BIDDING CERTIFICATION. 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. S. INTERNATIONAL BOYCOTT_ PROHIBITION. 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 viola- tion 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 aforesaid 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 contract's 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 1054). 9. SET -OFF RIGHTS. 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 to the 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. The 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 or three (3) years after final payment, whichever is later. 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 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 INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIMCATION 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 Page 2 February, 2009 Section 5 of the State Tax Law. Disclosure 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 Commissioner 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, EOUAL EMPLOYMENT OPPORTUNITIES FOR 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 $100,000.00 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 furnish 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 affirmatively cooperate in the implementation of the 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) banking 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 Empire State Development Corporation's Division of Minority and Women's Business Development (MWBD) pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms 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 laws of the State of New York except where the Federal supremacy clause requires otherwise. Page 3 February, 2009 �V 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article I I -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. ,SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's 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. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. 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 subcontractor, 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. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (NON- FEDERAL AID NEW 'YORK STATE, CONTRACTS), 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 (h) shall take lawful steps 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 Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 (NON - FEDERAL AID NEW YORK STATE CONTRACTS). 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: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7 Floor Albany, New York 12245 Telephone: 518- 292 -5220 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 Page 4 February, 2009 http: / /www.empire.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 million: (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; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job 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 document these efforts and to provide said documentation to the State 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. 2. RECIPROCITY AND SANCTIONS PROVISIONS (NON-FEDERAL AID NEW YORK STATE CONTRACTS). 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 2000 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. PURCHASES OF APPAREL. 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. 23. CONTRACT TERMINATION PROVISION. The State reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with the requirements contained in State Finance Laws §139j and §139k was intentionally false or intentionally incomplete. Upon such finding, the State may exercise its termination right by providing written notification to the Contractor in accordance with the written notification terms of the contract. 24. PERSONAL INFORMATION SECURITY. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). Contractor shall be liable for the costs associated with such breach if caused by Contractor's negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor's agents, officers, employees or subcontractors. Page 5 February, 2009 pp. APPENDIX B; REQUIREMENTS FOR FEDERALLY AIDED TRANSPORTA'T'ION PROJECTS � There is a substantial body of requirements attached to the use of Federal highway or transportation aid. These requirements create or overlay processes, procedures, documentation requirements, authorizations, approvals and certifications that may be substantially greater or different from those that are not funded with Federal -aid and proceed under applicable State and local laws, customs and practices. Under Title 23 of the United States Code, NYSDOT is responsible for the administration of transportation projects in New York State to which NYSDOT provides Federal highway or transportation - related aid. Through this Agreement, which provides or is associated with such funding, NYSDOT delegates various elements of project and funding administration as described elsewhere in this Agreement. In undertaking a Federally aided project, the Municipality /Sponsor, Authority or Project Manager designated under this Agreement with Federal -aid funding or project administration undertakes to proceed in compliance with all the applicable Federal -aid requirements. NYSDOT has, in cooperation with FHWA, assembled the body of Federal -aid requirements, together with information, NYSDOT procedures and practices in its "Procedures for Locally Administered Federal -Aid Projects" (available through NYSDOT's web site at; httns: / /www.nysdot. Rov /portal /t)atTe/ portal / divisions /otreratinvJoadm/community- assistance -del i verv- bureau /locally- admirristered- federal- ai(l- r)roiects). In addition, the Municipality /Sponsor, Authority or Project Manager designated under this Agreement with Federal -aid funding or project administration that enters Federally aided project construction contracts is required to physically incorporate into all its Federally aided construction contracts and subcontracts there under the provisions that are contained in Form FffWA -1273 (available from NYSDOT or electronically at: llttu; / /www.fhwa. dot.E ov/ i)roeramadmin/contracts /1273.htm), In addition to the referenced requirements, the attention of Municipality /Sponsor hereunder is directed to the following requirements and information: NON DISCRIMINATIONWEO/DBE REQUIREMENTS The Municipality /Sponsor and its contractors agree to comply with Executive Order 11246, entitled "Equal Employment Opportunity" and Department of Transportation regulations (49CFR Parts 21, 23, 25, 26 and 27) and the following: 1. NON DISCRIMINATION. No person shall, on the ground of race, color, creed, national origin, sex, age or handicap, be excluded from participation in, or denied the benefits of, or be subject to, discrimination under the Project funded through this Agreement. 2. EOUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this Agreement, the Municipality /Sponsor's contractors or subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, age, color, sex or national origin. Such contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national origin or age. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3. DISADVANTAGED BUSINESS ENTERPRISES. In connection with the performance of this Agreement, the Municipality /Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement, Also, in this connection the Municipality or Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49CFR Part 26. FEDERAL SINGLE AUDIT REQUIREMENTS Non - Federal entities that expend $500,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A -133, "Audits of States, Local Governments, and Non- Profit Organizations ", Non - Federal entities Page I January 2009 that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non- Federal entities that expend less than $500,000 in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in Sec. . 215 (a) of OMB Circular A -133 Subpart B__ Audits, records must be available for review or audit by appropriate officials of the cognizant Federal agency the New York State Department of Transportation, the New York State Comptroller's Office and the U.S. Governmental Accountability Office (GAO), Non - Federal entities are required to submit a copy of all audits, as described above, within 30 days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal Agency and has been filed with the New York State Department of Transportation's Contract Audit Bureau, failure to comply with the requirements of OMB Circular A -133 may result in suspension or termination of federal award payments. THE CATALOG OF FEDERAL DOMESTIC ASSITANCE The Catalog of Federal Domestic Assistance (CFDA), is an on -line database of all Federally -aided programs available to State, and local governments (including the District of Columbia); federally - recognized Indian tribal governments; Territories (and possessions) of the United States; domestic public, quasi - public, and private profit and nonprofit organizations and institutions; specialized groups; and individuals. The database is accessible at http://www.cfda.aov/. THE CFDA IDENTIFICATION NUMBER OMB Circular A -133 requires all Federal -aid recipients to identify and account for awards and expenditures by CFDA Number. The Municipality /Sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass - through entity. The most commonly used CFDA number for the Federal -aid Highway Planning and Construction program is 20.205. Additional CFDA numbers for other transportation and non - transportation related programs are: 20.215, Highway Training and Education 20.219, Recreational Trails Program 20.XXX, Highway Planning and Construction - Highways for LIFE; 20.XXX, Surface Transportation Research and Development; 20.500, Federal Transit- Capital Investment Grants 20:505, Federal Transit - Metropolitan Planning Grants 20.507, Federal Transit - Formula Grants 20.509, Formula Grants for Other Than Urbanized Areas 20.600, State and Community Highway Safety 23.003, Appalachian Development Highway System 23.008, Appalachian Local Access Roads PROMPT PAYMENT MECHANISMS (a) You must establish, as part of your DBE program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 7 calendar days from receipt of each payment you make to the prime contractor. (b) You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed. You must use one of the following methods to comply with this requirement: (1) You may decline to hold retainage from prime contractors and prohibit prime contractors from holding retainage from subcontractors. (2) You may decline to hold retainage from prime contractors and require a contract clause obligating prime ' The designated cognizant agency for audit shall be the Federal awarding agency that provides the predominant amount of direct funding to a recipient unless OMB changes it. Page 2 January 2009 contractors to make prompt and full payment of any retainage kept by prime contractor to the subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed.z'3 (3) You may hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 7 calendar days after your payment to the prime contractor. (c) For purposes of this section, a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the recipient. When a recipient has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. (d) Your DBE program must provide appropriate means to enforce the requirements of this section. These means may include appropriate penalties for failure to comply, the terms and conditions of which you set. Your program may also provide that any delay or postponement of payment among the parties may take place only for good cause, with your prior written approval. (e) You may also establish, as part of your DBE program, any of the following additional mechanisms to ensure prompt payment: (I) A contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. You may specify the nature of such mechanisms. (2) A contract clause providing that the prime contractor wilt not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed. (3) Other mechanisms, consistent with this part and applicable state and local law, to ensure that DBEs and other contractors are fully and promptly paid. Page 3 January 2009 I /\ � \ \\ 'k � 4 \{ % w� +. .. �* d � « « » .¥ � k \� \ \� \ ,� � y U.5. Department of Tronsportation Federal Highway Administration New York Division Leo W. O'Brien Federal Building, Suite 719 Clinton Avenue & North Pearl Street May 16, 2008 Albany, NY 12207 In Reply Refer To: HPC -NY Diane l„ Kenneally, P,E, Director, Local Programs Bureau New York State Departtnent of Transportation 50 'Wolf Road Albany, NY 12232 Dear Ms. Kenncally: We have reviewed die Detailed Damage Inspection Reports (DDIR) and Revision 1 to the Program of Projects for the Emergency Relief Event NY06442 as forwarded by your May 12 letter. Our estimated cost W repair the damage from this event is now $1,325,717,48 as shown in the enclosed program of projects. If you have any questions, please contact Thomas Hezn at 431 -4125, Ext. 233. Sincerely, for; Any Jackson -Grove Assistant Division Administrator Enclosure cc: Roberta Fox, NYSDOT, POD 51 FHWA, Washington, D.C. (HIPA) M O V X V �.. ECON - "� rn; wr c� to m m m M m Ir CLs gaEn Lw rD OT °a fita7 Qy f m p 1f3� p Ct1 r to A D co Y7 rs' Did al fn� i+3 .• C4 v [a o fn v G7 t c a w'° C7ir� N N' mJ> �; O cl a m � e .z I (D ? O` m Z) 4�1' c7 0 tr q to � m a t m a w Sr ra' 71 7' `'. 4s _ p ,r{ K' Q # 10 -m �, Q m Y cif 4. b [� Rs © Zj 8' W N r•r 'J II C3 n17 LY °J' Cppl # O Q m O O •{ EA. fR In [�. Q Q if3 N m N O PI tg S]. 5 , li U` �'' LQ O Q. g� eNnK N N hi as en w 01 p m . 14_ o ova m�j e Ln E P W W i9 Q M i W � fJ a rn o 2. c C As K � n m m ni - O N O o o 0 ' 'o 70 to RY 1"N W W -�M O �o wwww -+ - 4- 4> nn >m%� � o W > a� 4 7 tH WX K ODW {a0 T� cta t I 4. -P.ZA p. r. AA- Lnto ©� W;v pm stn - m° A� u , u,cncnsncs, can '' 0Lri dM t � Q W N tl -- -- --„.. W j w c� 01 � N .— � "A ocn' tJ _ ;- w.�'.,q c y ha�a v N ? AO Na�4 iEJ o >[ncn 17 W p UI LJl N t51 �D r1 41 Sn N � W " • _ ©([r MO W Q t2 4 0 0 , W m " N m o 0 0ffi fiA WW N N N CFt ... � � � {a7 W b M17 O C � gtdj L'. p O m ra a, Ly ih J rtlita j WWW �� C1 co 1 _.sDW- CJ{�� x mom`" >>> >SnDDnNs�� wgCSwC� � TO W— 00000o� ° to �o�p0 °5 � o o m m m O4 �sOaQm ©� A�pc C7 N Q of p, p {A a�i ? w a 0 Q" a T 0.o S C eWi n m o E-n a h A n w a ct tl W P w CO N 73 zr O : M Q. G < c' w < y N an W Cn co [[]] W u u - y P W N Cn 0 p Sn D fJ t SAMPLE RESOLUTION BY MUNICIPALITY , (Locally Administered Highway Emergency Project) RESOLUTION NUMBER Authorizing the implementation and funding in the first instance 100% of the Federal Aid - eligible costs, of a Transportation Federal -Aid Emergency Relief Project, to fully fund the local share of Federal -Aid eligible and ineligible project costs, and appropriating funds therefor. WHEREAS, a Project, the City of Buffalo Emery Highway Repair Project: Debris Removal resultina from the Buffalo, NY Snow Storm on October 12. 2006: (FHWA Event No. NY- 06-021' PIN 5ERO.63 (the "Project ") is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% Non - Federal funds (work completed within 100 days of the Emergency Event) ;and WHEREAS, the City of Buffalo has advanced the Project by committing City Funds, Forces and Equipment to the implement the. Construction phase (Emergency Highway Maintenance Work) of the project thereof. NOW, THEREFORE, the Common Council of the Cit of Buffalo, duly convened does hereby RESOLVE, that the Common Council of the Citv of Buffalo hereby approves the Project; and it is hereby further RESOLVED, that the Common Council of the Citv of Buffalo hereby authorizes the City of Buffalo to pay in the first instance 100% of the Federal and Non - Federal (if any) shares of the cost of the Construction phase of the Project or portions thereof; and it is further RESOLVED, that the sum of $ 493.929 is hereby appropriated _or has previously been appropriated for Citv Resources (Labor_ & Ealulornent) and Contractual Services, from (or, appropriated pursuant to 1 and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED, that in the event the full Federal and Non - Federal shares costs of the project exceeds the amount appropriated, the Cit of Buffalo shall convene Common Council_ as soon as possible to appropriate said excess amount immediately upon the notification by the by the New York State Department of Transportation thereof, and it is further RESOLVED, that the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the Citv of Buffalo with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of Federal-Aid eligible Project costs and all Project Costs within appropriations therefor that are not so eligible, and it is further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 15, 2014 be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the Mate of New York to accept 104% reimbursement of $493,929.00 from the Federal Highway Administration for the October 12, 2006 Storm, PIN 5ERO.63. Passed. 20 RF-Q:rmv T.lwp6O\nssuordlmv12Oc2- 2a.doe * AYE *NOD* * FONTANA * x x FRANCZYR * G ®L®MBEK * * HA"ES * KEARNS * L®CURTO * R.IVERA RUSSELL SMITH Maj -5 2/3- 6 3/4- 7 #3 (Rev 1 -02) 00023 CO 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 appointments) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: in the Department of Public Works Division of to the Position of E _ :{ . Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP jEnter Starting Salary) : Starting Salary ot $29,977 LAST JOB TITLE Laborer 11 Temp NAME Phillip A. Gaines LAST DEPARTMENT DPW DATE 92109 ADDRESS 108 Chester St. LAST SALARY $29026 CITY & ZIP Buffalo, NY 14200 LAST 4 DIGITS OF SSN. XXX -XX -2556 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 52002601 TITLE CODE NO 9622 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2009.050 SALARY RANGE OF POSITION $29,126 - $32,779 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepnislk TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 1214/09 L - - t t F s SIGNATURE OF APPOINTING AUTHORITY. ORIGI_NAL,+ 3 COPIES TO( MTY PL9RK (ONIBEFORE APPOINTMEN DATE) OTHER COPIES 70_. #5- COMPTROLLER #6- SERVICESICIVIL SERVICE #7- UB [POET #8- DEPARTMENT #9- DIVISION #10-EMPLOYEE(S) J ,'i FROM THE COMMISSIONER OF POLICE February 2, 2010 00 # I (Rev. 1/93) SINGLE WAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 7, 2010 FROM: DEPARTMENT: Buffalo Police Department DIVISION: Administration SUBJE [Approval For Purchasing Bear Cat With UASI 2008 Funds] EN'T'ER PRIOR COUNCIL REFERENCE: (IF ANY) CCP #24, Item #27, 12 / 2 3 / 2 0 0 8 TEXT: (TYPE SINGLE SPACE BELOW) On December 23, 2008, your Honorable Body approved the City's Acceptance of UASI 2008 (Year 6) funds, totaling $1,854,090. Included in this proceeding was a description of items that would be funded, including the "Bear Cat" for Police's CBRNE ( Chemical - Biological -Radiological- Nuclear - Explosive SWAT Rescue Team. We have been advised that because this is a type of vehicle, we must go back before your Honorable Body for permission to purchase this vehicle. As such, we are respectfully requesting that you approve this purchase. Funds totaling $250,000 have been set aside. Buffalo Police will utilize this vehicle for the transporting of equipment and personnel to an incident site, such as barricaded persons, active shooters, high risk drug houses, etc. This vehicle will provide tactical security for armored response and rescue operations and will keep first responders safe and secure in this highly mobile specialized vehicle. This tactical armored personnel carrier will protect officers during assault fire, can serve to encourage a suspect into surrendering without a fight, will be able to get into structures under the most severe circumstance, and also has the capability for bullets to bounce off, thus protecting the well -being of police officers. In situations where residents and /or officers are "down," this vehicle will provide absolute protection not only to this all hazards response team, but to those being rescued. Some of the features include: "ports" with removable covers through the hatch, the driver's and passenger's doors, and along the sides of the vehicle's rear compartment, to allow those inside to have access to the outside for either talking or shooting. There will be an external bullhorn, /microphone that will permit communication with the outside, and the driver and passenger have headphones hooked up to radios that communicate with our police dispatcher and also, executive commanders. Because of grant time constraints and the fact that it will take quite a while to manufacture this vehicle to Buffalo's specifications due to the tactical uniqueness of this vehicle, we are respectfully asking for your Honorable Body to approve our request at this meeting. If you have any questions, feel free to contact Captain Mark Makowski of the Grants Section at 923 -5916 or Lt. Thomas Leatherbarrow of the CBRNE /SWAT Team at 574- -7250. DD:mao TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE :(Interim) Commissioner of R lice SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 7, 2010, be received and filed; and That the Interim Commissioner of Police, be, and he hereby is authorized to use UASI 2008 Funds for the purchase of a "Bear Cat" vehicle for Police's Chemical- Biological-Radiological-Nuclear-Explosive SWAT Rescue Team. Passed. 22 TAB:rmv t:l wp6Olmswordtrmv122c2- 2noconditions .doe r� x AYE * NO x FONTANA FRANCZ A dYi * % 3C % g p�g�g� GOLO BEK % HAYNES * � % KEARNS 7tG g� L®CURT® % ' RI v ERA RUSSELL OC SMI'T'H % . 2 /3 - A aj w 5 3/4 ° / 4002 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL > TO: THE COMMON COUNCIL: DATE: January 20, 2010 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: Seized vehicle PRIOR COUNCIL REFERENCE: (IF ANY) J Ex. (Item. No. xxx. C.C.P. xxlxx/xx) The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S.Marshalls Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 1999 Chevy it must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, and will not be used as a take home vehicle. The total funds to be spent to cover the fees will be $776.87. If you have any questions, please contact me at 851 -4571. TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE (INTERIM) SIGNATURE OF DEPARTMENT HEAD; t 3 1 Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 20, 2010, be received and filed; and That the Interim Con nissioner of Police be, and he hereby is authorized to use drug asset forfeiture funds in the amount of $776.87 to cover administrative/seizure fees to the U.S. Marshal's Office for a 1999 Chevy and that the donation of this vehicle is approved contingent on, that concurrent with its use, there be no increase in the number designated as authorized for take -home use. Passed.. 9W T:rmv t:ttivp6OVnswordlf mv123s2-2noconditianR.doc * AVE NO FONTANA FRANCZ * * G®LOMBEK * * HAYNES * KEARNS x LOCURTO *. .. * * RIVERA * RUSSELL SMITH* . Maj - 5 2/3- 6 3/4- 7 000 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: January 20. 2010 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: Seized vehicle PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xx/xx /xx) The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S.Marshalls Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 2002 Honda, it must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, and will not be used as a take home vehicle. The total funds to be spent to cover the fees will be $991.87. If you have any questions, please contact me at 851 4571. TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: COMMISSIONER OF POLICE (INTERIM) SIGNATURE OF DEPARTMENT HEAD: r Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 20, 2010, be received and filed; and That the Interim Commissioner of Police be, and he hereby is authorized to use drug asset forfeiture funds in the amount of $991.87 to cover administrative/seizure fees to the U.S. Marshal's Office for a 2002 Aonda and that the donation of this vehicle is approved contingent on, that concurrent with its use, there be no increase in the number designated as authorized for take - home ease. Passed. 24 TAB:rrnv t:kwp6O ord�nnv'z4cz- znoconaitims.doe * FONTANA * x * FRANCZYK * G®L®MBEK * * I AYNES * REARMS * LOCURTO * RI VERA RUSSELL SMITH* * . * * Maj m 5 2/3- G 3/4- 7 M FROM THE COMMISSIONER OF FIRE February 2, 2010 _ SINGLE PAGE, COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 1/27/10 FROM: DEPARTMENT: 2100 Fire SUBJECT: [:Emergency purchase of Apparatus C� C� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No, xxx, C.C.F. xxlxxlxx) We are requesting Council approval to purchase on an emergency basis, one (1) 100' Crimson ladder truck from the lowest responsible bidder, Fire Equipment Sales and Service, Inc., As Commissioner of Fire, I am deeming this a major emergency as we currently are without a spare ladder truck. This serously compromises our ability to provide coverage for the residents of the City of Buffalo. The potential for mechanical failure and accidents is great due to the age of our apparatus and Buffalo's inclement weather. We have previously received approval and were in the process of purchasing apparatus from American Lafrance, but they are currently in default and will not be able fulifill their contract. This contract will be rebid. In order to address our imminent needs, we have contacted area vendors to secure pricing and availability on an in stock ladder truck that will meet the needs of the Buffalo Fire Department. We have secured bids from Churchville, Emergency One, Inc, Gorman Emergency Vehicles, as well as Fire Equipment Sales and Service Inc. and have deemed Fire Equipment Sales and Service, Inc., the lowest responsible bidder. In addition, we have recently awarded this vendor the contract for (2) two pumpers and one (1) mid -mount truck and would like to purchase this additional apparatus from them. Bond funds that were encumbered on the original contract with American Lafrance will be disencumbered (acct * 30210106-445100) and used to purchase the Crimson ladder truck from Fire Equipment Sales and Service, Inc... We are requesting permission from Your Honorable Body to allow for the waiving of any formal bidding procedures along with the performance and bid bond in order to obtain the ladder truck from the lowest responsible bidder as soon as possible, as these vehicles are sold on an first come, first served basis. We have been in contact with the law department and are taking legal direction from them in this matter. SIGNATURE DEPARTMENT ARTMENT HEAD C MMISSIONER OF FIRE ck r Mr. Fontana moved: That the above communication from the Commissioner of Fire dated January 27, 2010, be received and filed; and That the Common Council waives any formal bidding procedures along with the performance and bid bond in order to obtain a Crimson ladder truck from Fire Equipment Sales and Service, Inc., the lowest responsible bidder. Bond funds that were encumbered on the original contract with American Lafrance will be disencumbered at Account #30210106-445100 and applied to the new purchase. Passed 4 A 1� I RLQ;mv TAwp6OVtwwor&nnv\24w2- 2a.doc ((r ( i l AYE NO FONTANA FRANCZYK GOLOMBEK. HAYNES KEARNS LOCURTO RIVIERA RUSSELL SMITH Maja5 x 2/3- 5 3/4- 7 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES February 2, 2010 000 To: The Common Council: Date: January 28, 2010 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 380 Connecticut (Niagara) Tyne in Upper and [: I Lower Case Only [; Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx). Text (Tvpe Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 380 Connecticut (The Corner Store /Rumila Patel) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Siunature of Department Head: t --� �= JC:Ps:rt 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: THE CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 380 CONNECTICUT BUSINESS PHONE: 886 -4970 COUNCIL DISTRICT POLICE DISTRICT: APPLICANT NAME: RUMILA PATEL APPL. PHONE: 397-7234 -• APPLICATION NUMBER: 556432 REFERRAL DATE: 11/12/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVFb DISAPPROVED DISAPPROVAL CALLBACK DATE: 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 AppSlipZrpr 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 CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK v ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** REMARKS: INSPECTOR Rll# EXT 380 CONNECTICUT (716) 834 -1087 RUMILA PATEL (716) 834 -1087 556432 11/1212009 NEW LICENSE 2010 t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appfflrp2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: DOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: THE CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: I_�ixuT1 DISAPPROVAL REASON: 380 CONNECTICUT 886 -4970 RUMILA PATEL 3 47.4-2a4 . y` 556432 1 1/12/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) .-_- -- -- l APPROVED - DISAPPROVED DISAPPROVAL CALL RACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 1 INSPECTOR '} - - w RM4 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. 4ppSlip2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14242 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: THE CORNER STORE LICENSE TYPE: FOOD S'T'ORE_ BUSINESS ADDRESS: 380 CONNECTICUT BUSINESS PHONE: (716) 834 -1087 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: RUMILA PATEL APPL. PHONE: (716) 834 -1087 APPLICATION NUMBER: 556432 REFERRAL DATE: 1 1/12/20 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEP RTMENT REFERRED TO) APPROVED DATE: NEW LICENSE 2010 DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED �. DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL M T BBE� S TED BELOW * ** REMARKS: COMM. OF POLICE: Deputy Comissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSrrp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW 'YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: THE CORNER STORE LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 380 CONNECTICUT BUSINESS PHONE: 886 -4970 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: RUMILA PATEL APPL. PHONE: 347 -7234 APPLICATION NUMBER; 556432 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR _ _ r r i / RM# EXT AFTER. INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSltp2rpr Co Appficant Address :. Number and ftoet City State 23P Business Nome ishtessAddr ess 1() r1akt N Fr - "C(A-T Neer =4 Stmt Date - Businven CertWato CO) F AX* Abftg .address (if def farW from business) Number and stmet' Number of employees Q)akcrlC ®nfwfioner o*) FEES Restaurant .0-200 seaU.... $174.00 Ptestx `. ` C"iaa.... ..a,.reese...•.. .Agy 88 0 , g°^{ ri ......a.. e............ �V a �+��L N$$ ea..sa..a q.araeo.v. _ FoodMore a..... ..........a .................... 115.0 e a-4 Fuh Poultry (2 yo) a......... $150.00 Baked 0-2 employes .. $ 63.4q Con ectionery _ 3110 employeeas.. $105. ®0 1125 etO.plaD OM .. $157.00 j Date Incorporated . usineis Phone �} .City • stage ZI€' . - city staf ZIP. ipUmut SipatuM �Gr � t �c,� •�r� `MCP I 4ibs d sod sworn to before cue thi§,� y of cl 20` ' isio er of Ile .. and for the tnm (` � City oBuffaio, Row York 25 -5� effip1o�r�s,:.$315.00 °' }:•:' :�;�°�° 51-2 employeas $525.00 J ! 200 4 W Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated January 28, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food More License to Ru ila Patel, located at 380 Connecticut dlbia The Corner More. Passed i- TAB:rmv T:N"6Nwwardlrm vi2 5 c2 -2 a. doc c * AYE * N® * FONTANA x x FRANCZYK G®LOMBEK * HAYNES * KEARNS * L ®CURT® * * x * RIVERA * RUSSELL * SMITH x NlajmS * x * 2/3- 6 * * x 3/4- 7 00029 To: The Common Council: Date: January 28, 2010 From: Department of Economic Development, Permit & Inspections Services Division: Office of Licenses Subject: j: Food Store (New) j: 472 Main (.Ellicott) Tvne in Unger and [; I Lower Case Only i [, Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tvne Single Space Below): Pursuant to Chapter 144 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 472 Main (Downtown 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 deem appropriate. QED To THE r-,OMMITTEE ON LEGISLATION. TXT—c Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head. ; 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: VINCE FERRAR.ACCIO APPLICATION FOR: DOWNTOWN FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 472 MAIM BUSINESS PHONE: 842 -1718 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APP NAME: ABDUL JAKIE APPL. PHONE: 200 -4328 APPLICATION NUMBER: 553429 REFERRAL DATE: 02/26/2009 REMARKS: DISAPPROVAL REASON: NEW LI C E NSE 2010 MUST APPLY FOR CHANGE OF USE PERMIT IN ROOM 301, CITY HALL. (TO BE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRED TO) r APPROVED DISAPPROVED DISAPPROVAL CALL RACK DATE: =� DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: � INSPECTOR - RM# EXT �0 AFTER INSPECTION - PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU RppSlip2rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 142 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: FM pRF- VENTION REFERRED TO: LT, POCZKALSKI APPLICATION FOR: DOWNTOWN FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 472 MAIN BUSINESS PHONE: 842 -1718 COUNCIL DIS'T'RICT: EL POLICE DISTRICT: ABDUL JAKIE APPLICANT NAME: 200 -4328 APPL. PHONE: APPLICATION NUMBER: 553429 REFERRAL DATE: 02125/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) `- .APPROVED... DISAPPROVED DISAPPROVAL CALL RACK DATE: HATE:. DATE:.. . ** *REASON FOR DISAPPROVAL M T BE STATED BELOW * * " RE INSPECTOR l % AFTER INSPECTION PLEASE C OMP LET THANK D R ®RN THIS REFERRAL OF THE OFFICE OF L } fFf t' AppS(jp2.rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL / BUFFALO, NEW YORK 14202` j INSPECTIONIAPPROVAL REQUEST AGENCY I DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: VINCE FERRARACCIO APPLICATION FOR: DOWNTOWN FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 472 MAIN BUSINESS PHONE: 842 -1718 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APPLICANT NAME: ABDUL JAKIE APPL. PHONE: 200 -4328 APPLICATION NUMBER: 553429 REFERRAL DATE: 02/26/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: / DI ROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *" REMARKS: INSPECTOR ' 1\ {(J u RM# l EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpl � 1�O APR 0 3 Z009 APR OF ,. LICENSE TYPE: FOOD STORE NEW LICENSE 2010 _ - BUSINESS ADDRESS: 472 MAIN BUSINESS PHONE: 842 -1718 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APPLICANT NAME: ABDUL 3AKIE APPL. PHONE: 200 -4328 APPLICATION NUMBER: 553429 REFERRAL DATE: 02 /26/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED... - .DATE: DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ' "REASON FOR DISAPPROVAL Mk§T BE S TED BELOW X'* REMARKS: COMM. OF POLICE- Degutyr Commissioner AFTER, INSPECTION PLEASE COMPLETE AND RETURN THIS De nent:OfEconomic Development, Permit & Inspection Serviieed� Office Of Licenses 313 City Hall Buffalo, NCI 14202 Phone: (716) 851 -4478 FAX (716) 851 -4952 I . LICENSE APPLICATION: CATION: Please check the category you are applying for Restaurant _ �>C Faad Store Bakery /Confectioner - Restaurant Take -Out 'Meat, Fish, & Poultry Caterer Date 0 A C� S" 20 . Applicant Name A " , DU l_ Rj . J k l Home Phone 00 3 a 5" Applicant Address � k-IA-N LE_-( - ST- %i f 1 ' c F i� N ` 1 Lt a 0 6 Number and Street City State ZIP Co- Applicant Name Co Applicant Address Number and Street Corporation Name L FC)oo MP!�,T IN C Business Name D0 WVq 'i 0 tip N 6D MART BusinessAddress M. A-) r i Number and Street Date -Business Certificate 1 () — _Q 009 FAX # Cj16__) _'A,,1 - 17181 Mailing Address (if different from business) Number and Street - Number of employees (Baker /Confectioner only) Restaurant 0 -200 seats..,. $174.00 201 -400 seats..., $250.00 400-x-- seats.... $250.00 Restaurant Takeout_.. ................. $ 88.00 Catering..... ............................... $ 88.00 Food Store .......... .............. .. ...... . $115.00 Meat, Fish & Poultry (2 yrs)........... $150.00 Baker/ 0-2 employees ..$'63.00 Confectionery 3/10 employees $105.00 11 -25 employees.. $157.00 26 -50 employees... $315.00 51 -200 employees_ $525.00 City State ZIP Date Incorporated OCT 1S 4008 Business Phone City State ZIP Social Security e State Tax ID #� City State ZIP Applicant Signature tt L. Rj TP' - K l E ]Print Name Su cL eed nd sw n to before me thi day of 20 Cam minion r o Des i Fork he City o ffalb, e To: The Common Council: Date: January 2S, 2010 ("_ From: Department of Economic Develo Permit & l ns'nection Services Division: Office of Licenses Subject: [: Food Store (New) [: 325 Niagara U -) Tvpe in Up= and � C: I Lower Case Only [: Prior Council Reference: (If Any) C: Ext. (Item No. xxx. C.C.P. xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 325 Niagara (Garang International Market/Ali Almadhrahi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Tvpe Title: D UTY COMMISSIONE Sip-nature of Department Head: Cr JC:PS:rf f CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 1`f o INSPECTION /APPROVAL REEOUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 325 NIAGARA BUSINESS PHONE: (716) 89I -1060 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ALI ALMADHRAHI APPL. PHONE: (716) 3$11245 APPLICATION NUMBER: 556112 REFERRAL DATE: 09/11/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: 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, Appshp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: FIRE PREVENTION REFERRED TO: LT, POCZKALSKI APPLICATION FOR. GARANG INTERNATIONAL MARKET LICENSE TYPE. FOOD STORE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE; APPLICATION NUMBER: REFERRAL DATE: REMARKS: 325 NIAGARA (716) 891 -1060 EL 10 AL1 ALMADI RANI (716)381 -1245 556112 09/11/2009 NEW LICENSE 2010 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) C APPROVED DATE; �'' DISAPPROVED DATE; DISAPPROVAL DATE: CALLBACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR 1 'L I " ° RM# EXT 4 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. App9ftp2.rpr 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: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 325 NIAGARA BUSINESS PHONE: (716) 891 -1060 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ALI ALMADHRAHI APPL. PHONE: (716) 381 -1245 APPLICATION NUMBER: 556112 REFERRAL DATE: 09111/2009 REMARKS: DISAPPROVAL REASON: MUST CALL FOR APPOINTMENT (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK **REASON Ok- II)ISAPPROVAL MUST BE STATED BELOW *" REMARKS: � e INSPECTOR-- RM# ! EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK. YOU AppSlip2.rpt rU 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: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE 0 30 BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: tf DISAPPROVAL REASON: 325 NIAGARA (716) 891 -1060 EL 10 ALI ALMAI]1IRAHI (716} 381 -1245 556112 12/30/2009 (TO BE COMPLETED BY AGENCYIDEPAR'T'MENT REFERRED TO) APPROVED DATE: ,� 0� DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: d? DATE: ! . .' DATE: ON NEW LICENSE 2010 '4* *REASON FOR DISAPPROVAL NIU E STA BELOW ' REMARKS: COMM. OF POLICE: Deputy C:onmoi.ssionor AF'T'ER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2rpt 01 CITY OF BUFFALO OFFICE OF LICENSES 313 CITY MALL, BUFFALO, NEW YORK 14202 u INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: GARANG INTERNATIONAL MARKET LICENSE TYPE: FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 325 NIAGARA BUSINESS PHONE: (716) 891 -1060 COUNCIL DISTRICT: FIL POLICE DISTRICT: 10 APPLICANT NAME: ALI ALMADHRAM APPL. PHONE: (716) 381 -1245 APPLICATION NUMBER: 556112 REFERRAL DATE: 09/11/2009 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE :�� DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Ai> P� , INSPECTOR f std RNIff f/ EXT �s AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps"P2.rp, 4 - !spar w ent Of Economic De�velopme �t, Per zf & 1"VectiO ' Services Office Of Licenses 313 City Hall I Buffalo, NY 14202 Phone. (716) 851-4078 - FAX (716) 851-4952 LICENSE APPLICATION: Please check the category you are applying for Restaurant ✓ Food Store E:D Bakery /Confectioner Restaurant Take -(hut Meat, Fish, & Poultry L= Caterer Date JUNE 1, 20 2 09. Applicant.Name AU H. ALMADHRAHI kpplicant .. I,148 E.. FERRY.AVE Dumber and Sheet Co- AppUcaxkt Name Co Applicant address NIA Corporation Name Number and Street Rome phone (716)381 -1245 BUFFALO, NY 14211 City State - ZIP City state ZIP Date Incorporated Business Name GARANG NIAGARA. INTERNATIONAL MKT Business Phone ej6j 8 - 1060 BusinessAddzess 325 NIAGARA ST BUFFALO NY 14201 -Number and Street City State ZIl' Date - Business Certificate 08/05/2009 Social Security # FAX# (� - State Tax IB # 264706776 Mailing Ado ress —� � ��_� dale ZIP (if different from business} Number and Street city EE r ].. # Number of employees (Balser /Confectioner only) . y FEES Restaurant 0200 scats..., $174.00 pplicant Signature 201 -400 seats.... $250.00 400+ seats.... $250.00 14 1, A A Print Name Restaurant Takeout ...................... $ 88.00 Catering .......... ........ ....................... $ 88.00 Food Store ........ .. .................. ........... 15.00 Subscribed and surorn to before tae thi 19T day of Meat, Fish & Poultry (2 yrs)..- ........ $15 AUGUST 20 Baker 0 -2 'ernployees .. $ 63.00 Confectionexy . 3110. employees .. $105.04 11-25 employees .. $1.57.00 -C isroner of Deeds in and for the 26 - 50 employees... $315.00 City of Buffalo, New York 51.200 employees .. 34:25-00-- _ R /SHAD K. QASAS Notary Public, State of New York Registration #01 OA605170i Qualilled In Erie County My C©MMis-sion Expires Dec. 4,20 -0 Mr. Fontana moved: That the above communication from the Department of Econ oxnic Development, Permit and Inspections Services dated January 28, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Stare License to Ali Almadhrahi, located at 325 Niagara d/b /a Garang International Market. Passed 27 TAB:rmv T:lwp6MjnswardVmv127c2- 2a.doe fl AYE NO FONTANA * FRANCZYK * �r * HA YNE S KEARNS * L ®CURT® RIVERA RUSSELL X SMITH 2/3 6 x 3/4- 7 x * x #1 (Rev. 1/93) Single Page Communication to the Common Council 00031 To: The Common Council: Date: January 26, 2010 Prom Department of Economic Development, Permit & Inspection Services Division: Tvoe in Unper and 1 Lower Case Only Office of Licenses Subject: [: Second Hand Dealer [: 1277 Hertel (Delaware) Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1277 Hertel 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 James Anastasi. The attached thereto for James Anastasi d/b /a/Gold & Jewelry Buyers. This request is submitted for your approval or whatever action you deem appropriate. REFERRED t T HE GO OMMITTEE L � A n Type Department Head Name: JAMES COMERFORD �r Type Title: 1)6 ? JTY COMMISSIONER Signature of Department Head: �;:%/ - - -: i I riT • ii i s Date: January 26, 2010 To: James Comerford, Deputy Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services E. Common Council Communication Second Hand Realer at 1277 Hertel. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements fora Second Hand healer Licenses application to the Common Council: Zoning Office Fire Prevention ;'. Building Inspection Police Department Police Record Check Application f Date Dif� ctor Permit & Inspection Serv�e�� �f - 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: GOLD & JEWELRY BUYERS LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 1277 HERTEL BUSINESS PHONE: (716) 1175 -2200 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: JAMES ANASTASI APPL. PHONE: (716) 713 -7225 APPLICATION NUMBER: 556641 REFERRAL DATE: I2/07/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: / `°' 1�2 - DATE: DATE: *`REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �C..i RM #� EXT� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSIIp2rpr 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: GOLD & JEWELRY BUYERS LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1277HERTEL (716) 875 -2200 JAMES ANASTASI (716)713 -7225 556641 12/07/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED DATE: f !,;2 l DIS OVED DATE: DISAPPROVAL DATE: CALLBACK - 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS-. INSPECTOR So IK6 R.M# 3 0 EXT X..50 .AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2.rpt 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: GOLD & JEWELRY BUYERS LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL. DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL, PHONE- APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 1277 IIERTEL (716 )875 -2200 JAMES ANASTASI (716)713 -7225 556641 12/07/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRER TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DAT E: DATE: DATE: * *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARK: INSPECTOR 4 --- RM# EXT 1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App37rp2.rpt 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: GOLD & JEWELRY BUYERS LICENSE TYPE: SECOND HAND DEALER; BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT- POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON; 1277 HERTEL (716)&75 -2200 JAMES ANASTASI (716) 713 -7225 556641 12/07/2009 NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED REMARKS: DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE: DATE: r DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BE OW REMARKS: COMM. OF POLICE: n PlIty Corcauissioner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4ppS]ip2.rpi S:. P -147C (REV. 9/08) APPLICATION RELEASE FORS TO BE MAILED TO: 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 nail. 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 OF APPLICANT: 0 n? e SEA RACE .',st: CURRENT ADDRESS . r� -'�7 DATE OF BIRTH: SOCIAL SECURITY 4 = __- REASON FOR REQUEST ° !MAIDEN NAME Al V SIGNATURE OF APPLICANT DA /./ 17; i r` STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the ck4 day of 20 ( , before me personally appeared to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof. 11 3-- , C-�� Notary Public 1 Commissioner of Deeds ******************TO BE COMPLE'T'ED BY IDENTIFICATION SECTION PERSOINNEL *"`*** RECORD ATTACHED VERIFIED BY: NO 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, NOT VALID UNTIL. STAMPED.. ByRON W. BROWN Mayor Date j/_ .2 APPLICATION MUST BE COMPLETED IN FUL PHOTO W REQUIRED AT TITHE OF APPUCATION NO ExCEPTIONS ,TAMES COMERFORD, Jr. Deputy Commissioner (PLEASE CHECK LIC-F CAT + A ) APPLYING FOR) J/ USED CAR DEALER $262.50 SECOND HAND DEALER $118.00 SCRAP PROCESSOR $78.75 FLEA, MARKET (No. OF VENDORS 1-10 Tables $78.75 11 -75 Tables $105.00 26+- tables $210.00 GARAGE SALE $10.50 a day WHOLESALE JUNK (JUNK 'YARD) S26150 PRONE NO. 7 13 7 S� APPLICANT NABS HOME ADI)ItESS S / e�� �.� � • 1�� _ S� (NO., STREET) (CITY,TOWN,ORZTII,I�AGE) (STALE) ( ) APPLICANT D /Om PLACE OF BTR' 11fiA tf, ACTS CT DENS �C�S) O) CO APPLICANT NAIL_ , PHONE NO. CO APPLICANT ADDRESS . --- ( STATE) (ZIP) $TItEET) _ _ (C1'i'X,TO'�YN, �R V1LI,AGE) CORPORATION NAME DATE INCORPORATED BUSiNE,SS idAlV1E _ PHONE N€3.7J C�IJ BUSIPIESS ADDRESS 7 e'� (N[3., sTREET) (Cn TOWN OR VILLAGE) (STATE) (ZIP) STATETA7CIDNUMBER e6 /fir( I- Sit craed grad swam to before me Phis € C H of Ail - 20 Cammissiort eeds in aandfor the C4Ofl? ffalo, ew Fork Appiiean Signature NONREFUNDABLE APPLICATION 1!EE ..a . ) `_ Office of Licenses `3 65 NIAGARA SQUARE / 313 CITY HMJ � BUFFAIA, NY 14202-3303 � (716) 851 -4078 / -PAX' (714) 851 -4972 FROM THE CITY CLERK February 2, 2010 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 307 Louisiana 5t 1435 Main St RECEIVED AND FILED Business Name Owner's Name The Buffalo Bar and Grille John W Hofmann Jr Coco's on Miin St, Inc Kelly Forness February 2, 2010 - ro 4CAOM opt 1t aovice, T ^ 0 6 A TAe S,4 c-(o ov- eeqd Y I I t n 4 e f ,4- is /Q A \1 pi 4e-> C -S c e_,v 'i -5�4f n� 0 0 MOO iq ��-`- f. > Sraadrrdized ORIGINAL APPLICATi YON NOTICE FORM jor Pmviao g a seATR O NEw YORK 3LPA Adv ance Notice ro alai Municinatity or Community Hoard EXECU I[VEDEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL is canaeGiva with the sir8micsion to the Stare l fyunr A�rlharfry nfrhe '_ • � a Atrnlissat's, O rieinal f �irstl Og- P,rem)xas Al�ailolic Lieveraee Lisessv A . STATE LIQUOR AUTHORITY for the Establishment {den"ed In this No (Peas 1 of zl Mailed to the Local *� 1. fate the Original copy of this Notice was Municipality or Community Board 2 O „ . THIS 30-DAY. ADVM M NCMCE IS BEMG M_ ED T{7 TUB CLERK OF THE . FOLLOW MG LOCAL OR.COhIl� UNITY BOARD Municipality eo 2 Name of the Local Munici i r p .. ,:: .,�,,, ....... .... ... .............. . 3. Street Address of Local Municipality or Community Board:' Q. City, Town, or Village: 8 , 0 e, f" -7 � � � � � � � Zip Cod _ _ NY 5. Telephone Number of Clerk of Local Muniei try or Community Board; ATTORNEY REPRESENTING, THE APKICANT IN CONNECHON WrM THE APPLICANT ORIGINAL (Fl.Rt3T)_ ON- PREMISES ALCOHOLIC BEVERAGE LICENSE APPLICATION _FOR THE E8TABLiSHMENT IDENTIFIED IN THl9 NOTICE 6. Attorney's Full Name is: 7. Attorn Ws SMeL Address: S. City, Town, or Village: Zip Code: 9. t3usrnessT � elephone Number ofAttorn r THE.APPLICAN'I WALL FILE AN OR101NAL IFIRST) APPLICATION FOR AN ON- PRM5ES ALCOHoijc- BrvERAGE LICENSE . IN'ORDER TO CONDUCT - WITITIN THE IDENTIFIED ESTABUSIMNT- THE TYPE OF BUSINESS DESCRIBED'BELOW 10. Types) of Alcohol to be sold under the License ( ^7C AUM { Be er Only ® wine and Beer Only Liquor, Wine, and 8 { .. ear Extent of ® Restaurant (Sale of Food avern- Restaurant (A mixed -use establishment that ® Tavern / Orcktail Lounge / Adult Venue I 11. Food Service: Primarily; Pull Food Menu; has both a sit-down dining area and a °stand -up' bar Bar (Alcohol sates primarily - meets legal ( -'g1191 Kitchen run by Chel) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12. Type of Hotel Live Disk th Patron Daneing Cabaret, Night Club, Dlscocquc Capacity for 600 Establishment: ® Music ® Jockey Box (Small Seale) ([ergs Seale Dance Club] ®or more patrons ] ® Club (e.g, Golf/ ® Bed its ® Cateri ® stage ® Topless ® Other that Ppw �.i Fratcrnal0%) Breakfast Facility Shows Entertainment (Spec*): ° None Rooftop ilo Freestanding Garden Other 13. Pr posed or T]eck Covered Structure ® Grounds ® (Speclfy)i Proposed mandau Tie gg ne d Thor" »dav 8 e Rays and Hours M 6S Pid AM ?' y : AM � � � A PM Eq. of Operation: AM ANt (Complete all; To AM PM AM PM PAi Ta A14t o S TO � AM M � , PM AM or PTst] a Alrg AH Pj . t-r— f� 15. will the ptoposed License Holder or a Manager be physically present within the estatlishment during All Hours or Operation? ( `3C o e : 0 YES I ® NO 16, Application Serial Number. 13 r2 9 3 7 L7. The ApplicauVs Full Name, as it appears in the application for the On- Premises Alcoholic Bcveragc License, is: 1 1 U0 j A ;A Z !° 18 The Pull Name of the proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) io: T9. The proposed Licensed Establishment is located within �y the building which has the following street address: f 4 .0= ► i Ct ti Ct 20. City, Town, or Village: 1 OA to Zip Code: C �t 21. The proposed Licensed Establishment will be located on the roilowing noor(s) or the building at the above address: 22, Within the building at the above address, the proposed Licensed Establishment will be located within the room(s) numbered as follows: .. 23. Business Telephone Number of the Applicant: 17 Does the Applicant own the building in [r "YES`, SKI P items No. 25 -28. If -NO, ANSWER )tams No. 25 -28. 24, which the proposed Licensed Go to Item No. 2% Then continue to Item No. 24, Establishment will be located? ['M on �F'8 and complete the form. No and complete the form. OWNER OF'tHE>3[ mbiNG 1H tNRI H THE PROPOSED UMNS$P MAB LISHMIENT WILl.BE3.00ATED 285 . ` + `'Yr Ct Lt s4 � . I Building Owner's Full Name is: � � °(�.. 2 6. li Building Owners street Address: 07 4- 0 V e: 27'. City, loran, or village: Zip Cod Y 28. Business Telephone Number of Building Owner. I - l Standardizes! O RIGINAL APPLICATION NOTICE FORM for Providtng a 1] to �aar. s€ATE 4F NI€w Y(fRK 30-Dav Advance Notice to a Local lhluniieinality or Community Board t EXECUTWE DEPARTMENT ' DIVISION OF ALCOHOLIC BEVERAGE CONTROL facanallFirsirhJnTremisesAlcohoicBeverrtgeLicen ADnl3e sltt's ()rtpipal (F(rstl OndPrem€ses Alcoho Beverage License Apulieatinu STATE LIQUOR AUTHORITY for the EstaMlstiment l dentifted to this R'ntice . (PsQft Z of 21 IN ORDER TO INSUPE HAT PAGES 1 AND 2 OF YOUR NOTICE ARE NOT BEPARATED OR MISPLAC13D, PLEASE RN -13NTER - IMMEDIATELY BEI.rJltf7'THE INFORM . TION REGARDING YOUR APPLICATION SERIAL XUMBER, NAME, AND TRADE NAMIr YOUR COURTESIES ARE APPRECIATED 16. Appl catlon Serial Number. _ a 17. The Applicant's Frill Name, as It appears in the appllcalian r /� for the (}tr - 1 trrrises Alcoholic Beverage License, is: wj{} 40 l�G't"m 18 The Full Name of the proposed licensed Establishment (the Trade Name under y which the proposed Licensed Establishmentwill conduct business) is: t 1 J �;� r4 N0 &, f f {e 1; u,1•,asJnJkUi e , 0 i 1 o �;,i t um ��, �!.1 a� rnrwwuiuwo.ra sr.ran�in.r� 1 i ���nr r, Li , ...o. ... o. i�i,..� u;nmiai; rr; 16121-K INFORMATION REGARDING THE ALCOHOLIC BEVERAGE MCEI1Sl✓ MOW I C 1 S'L'Y YSSoun FOR THE APPLICANT'S PROPOSED LICENSED EgrAT3usHmENT Has a business involving the licensed on- premises Sale and /or consumption If °X88°, ANSWER Items No. 30-41, lf"PO ", SKIP items No. 30 -41, 29. ofalcohotie beverages and complete the ® Complete the 3 entries ever been conducted within the Yes 3 entries at Item No. 42. No at Item No. 42. proposed L€censed Establishment? PROVIDE O RR THE THE AALCD O CBE RAGE O L I FOR THE APPLICANT'S PROPOSED IdCENSf?D) MAB " OPER TED] IISIINIL - 30. Type(s) or Alcohol sold under the most recent License (check one): Seer Only ® Wine and Beer Only L€quor, Wine, and Beer Extent of ® Restaurant (Sale or Food {averri- Restaurant (A mixed -use establishment that Tavern I Cocktail Lounge / Adult Venue / 31. Food Service: Primarily Full Food Menu; [( has both a sit -down dining area and a *stand-up' bar Bar (Alcohol sales primarily - meets legal ('P' one Kitehen run by Chef) where patrons may receive direct deliveries of alcohol} minimum food availability requ€rements€ of Live Disk Juke Patron Dancin g q Cabaret, Night Club, Discotheque Capacity for 600 32. Establishment, Hotel [] Music Jockey Box ® (Small Scale) ® (Large Scale Dance Club) ®or more patrons (- t all El Club (e.g. Golf / ® Bcd as � catering ®Stage j E n Other Entertainment ® Jar apply) Fraternal Org.) Brealdast Facility Shows Entcrtalnment (Specify }: Licensed vo Freestanding Garden / Other 33. Outdoor ® None Rooftop or Deck ® Covered Structure ® Grounds ® (Specify): Arca(sl: Previous erw� Wwtueadev Thuredev f?N� wawa 8�tnrdav ¢ Days and flours [ � 89. of Operation: AM PM All PM � AM & � AM (q �; � Arai � � AM OM M J FM (Complete all: T4 TO circle AM or AM l'MI PM ._..._ :.. AM tit A+) R `✓ At A1 AM PM ((( _ t 3S. Was the former License Holder or a Manager physically present YES NO ®DON'T IiNQW within the establishment during All flours of Operation? ( gam: 36. Serial Number of the on- premises alcoholic beverage license most _3 recently !sued for the Applicant's proposed Licensed Establishment: 37. Expiration date or the on- premises alcoholic beverage license most recently issued for the Applicant's proposed licensed Establishment_ a ' The Most recent License Holder's Full Name, as act forth on 38. the on- premises alcoholic beverage license most recently i�m issued for the Applicant's proposed Licensed Establishment The Frill Name of the most recent licensed establishment rade ame �q 39, as set Earth on the on- premises alcohol €c beverage (T l N lcense most ) recently issued for the Applicant's proposed Licensed Establishment: Is the Applicant's proposed Establishment l currently open and being operated ®/ lf'YES", ANSWER item No. 41, 1 ir`NO°, SKIP item No. 41, 90. and complete the 3 entries O ® and complete the 3 entries �CS t g v by the license holder of the most recently issued 4 " on- premises alcoholic beverage license? ( re ; at Item Na. 42, at Item Na. 42. 41. .,., p yi ssued license for the I .. F��� Business Tele hone Number of�cpl�� proms Licensed Establishment: If the Origin[ Application Is approved, I am the Persnu.who will'hold the License or I am a Prinerpal al, the Legal 4 that will hall the tAcebee. Refire ntatlons in -this are 'in -full conformity with.representations made in documents that have been submitted (or documents tbat will be atilimitted) to the State and relied upon bay tbe.Atlthority: I understand that representations made in this farm will 14 r 2W. upon by the Authority, and - that false r4 iijaiions in any document submitted to the Authority may t esWt hr rev&Aticin -of any license that rriay bo Tilted._ 42. ByJrxy signature, I tiflirtn -under 1°esalty ogie{(ttaq 'that the repmseht$tidrs muds m this form are true. Printed Home f3l1 i� LtJ Et Man X L L d taltwe �f�� 00033 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. 1 � February 2, 20 1© ##3 (Rev 1 -02) n0 Certificate of Appointment C) In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 12/31/2009 in the Department of Public Works, Perks & Streets Division. of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Fiat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of: $11.57 LAST JOB TITLE NAME Roberto Padilla Colon LAST DEPARTMENT DATE ADDRESS P.O. Box 1322 LAST SALARY CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX -2495 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 14222001 TITLE CODE NO 9624 BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REC.I. NO 2009 -90 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets. DATE: 12130I2t]Q9' °, SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK- (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER 416- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 99- DIVISION #10- EMPLOYEE(S) In compliaaocc with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or proinotion(s). 1 further certify that the persoaa(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 12/3112009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Enter Starting Salary) : Starting Salary of $12.00 LAST JOB TITLE NAME Daniel Carver LAST DEPARTMENT DATE ADDRESS 88 Blaine Avenue LAST SALARY CITY &,ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX -XX -5307 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 14222001 TITLE CODE NO 9271 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 200992 SALARY RANGE OF POSITION $12.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 9 21301a09; SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK` (ONIBEFbRle APPOINTMENT DATEI OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment III compliance Willi provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointments) or promotion(s), 1 furthe € certify that tic person(s) ranted i € Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 12131/2009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) PLAT (Enter Starting Salary) : Starting Salary of: $11.57 LAST JOB TITLE NAME Susan M. Krieger LAST DEPARTMENT DATE ADDRESS 666 West Ferry Street, Apt. 36 LAST SALARY CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN. XXX-XX -9942 LAST JOB TI"T"LE 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 14222001 TITLE CODE NO .9270 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2009 -94 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniiak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 12130,'2009 SIGNATURE OF APPOINTING AUTHORITY: = l__ k ORIGINAL + 3 COPIES TO: CITY CLERK (6W/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT 99- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Chartcr and Chapter 35.1 of the Ordinanecs of the City of Buffalo, I transmit this certification or appointnient(s) or pramotion(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: 12/31/2009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) PLAT JEnter Starting Salary). Starting Salary of $11.57 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Katherine Ryan ADDRESS 132 McKinley Parkway CITY & ZIP Buffalo 14220 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -7625 DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO - 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ, NO 200994 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stelaniak_' TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 12/30J2.009 SIGNATURE OF APPOINTING AUTHORITY: ,', _`. ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate, In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the persons) named in Schedule " A" have been certified or approved by the Human ResoitrcesfCivil Service for the Appointment Effective: in the Department of Division of to the Position of 1-6 -10 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Plat (Insert one) Enter Starting Salary) : Starting Salary of: $11.571hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOIE TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT, OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX-XX -7737 DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME . ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE Jared Courier 330 Woodside Avenue Buffalo, New York 14220 14222001 TITLE CODE NO 9270 412002 PROJ. ID PERSONNEL REQ. NO 2009-094 $11.57 hr. PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak ., _ TITLE OF APPOINTING. AUTHORITY: Commis_ sioner DATE: " V ' . SIGNATURE OF APPOINTING AUTHORITY: SEASONAL APPOINTMENT a...> ORIGINAL + 3 COPIES TO: -, ITY. E K ,lL3N /BI =FORT APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIAL SERVICE.. ##7- BUDGET #13-DEPARTMENT #1 DIVISION #10- EMPLOYEES) #3 (Rev 1-02) CV, Certificate Appointment A In eampliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this eertif[eation of appointments) or promotion(s). I further certify that the person(s) named in Schedule "X 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 1 -6 -10 Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert fine) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Flat (Insert one) ,(Enter Starting Salary) : Starting Salary of' $11.57/hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY BUDGET ORG. CODE BUDGET ACCT, OBJ. SALARY RANGE OF POSITION DATE LAST 4 DIGITS OF SSN. XXX -XX -3447 DATE LAST 4 DIGITS OF SSN. XXX -XX- NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE Davis Hough 31 Ashland Avenue Buffalo, New York 14222 14222001 TITLE CODE NO 9270 412002 PROD. ID PERSONNEL REQ. NO 2009 -094 $11,57 hr. PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stenia TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: :i A SIGNATURE OF APPOINTING AUTHORITY: •1 FLAT ORIGINAL+ 3 C gZj_g- __T. , . KJONIB FORE APPOINTMENT DATE) OTHER COPIES T0.46- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- .BUDGET WDEPARTMENT #9-DIVISION #10- EMPLOYEE(SI #3 (Rev 1 -42) . ( Certif icate f Appointment hi compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of oppoinhnent(s) or promotion(s). I fnthwcertify that the person(s) named in Schedule "A' have been certified or approved by the Hummi Resources/Civil Service for the Appointment Effective: 1 -6 - in the Department of Public Works, Parks & Streets Division of Perks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Plat (Insert one) _(Enter Starting Salary) : Starting Salary of $ 11.57ihr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY SEASONAL APPOINTMENT FLAT NAME Taylor Hough DATE ADDRESS 31 Ashland Avenue CITY & ZIP Buffalo, New York 14222 LAST 4 DIGITS OF SSN. XXX -XX -5349 NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XX>( XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 2009 -094 SALARY RANGE OF POSITION $11.57 hr. PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak t.y TITLE OF APPOINTING. AUTHORITY: C ommissioner DATE: l � SIGNATURE OF APPOINTING AUTHORITY: � E,� 1"i ik X ` .. . ORIGINAL + 3 COPIES TO: PITY-(; I-EIRK (ON /BEFORE APPOINTMENT DATE1 OTHER COPIES TO: #5- COMPTROLLER #t6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10-EMPLOYEE(S) ##3 (Rev 1 -02) d \ \) In contptiance 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 appointcnent(s) or protnotio I further certify that the persons) named in Schedule "A" have been certified or approved by the H €cman Resources /Civil Service for t}tc Appointment Effective: 01/25/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON Minimum, Intermediate, Maximum, Flat (insert one) FLAT kEnter Starting Salary) : Starting Salary of: $11.57 LAST ,JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX -9518 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 Connor Brogan 91 Knowleton Street Kenmore 14217 BUDGET ORG. CODE 14222901 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2009-94 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stelsniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 1213=009 SIGNATURE OF APPOINTING AUTHORITY: �' .' `� '`:, -' . ORIGINAL_ + 3 COPIES TO: CITY CLERK (ON IBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEIS) rM #3 (Rev 1 -02) hl compliance with provisions of sectiDn 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I traustnit this certification of appointmetit(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been ccrtitied or approved by the Human Resources /Civil Service for the Appointment Effective: 01/21/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary): Starting Salary of: $12.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Gaetano J. Capodicasa ADDRESS 434 Seneca Street CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN, XXX -XX -5422 DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9271 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2009-92 SALARY RANGY OF POSITION $12.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak fir- TITLE OF APPOINTING, AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 12/30/200 -- _ SIGNATURE OF APPOINTING AUTHORITY:_' ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8-DEPARTMENT #9-DIVISION #10-EMPLOYEE(S) C O- #3 (Rev 1 -02) Certificate o A p po intment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective. (� in the Department of Public Works Division of to the Position of Streets LIEL = ._ 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 $11.57 LAST JOB TITLE NAME Christopher Beard LAST DEPARTMENT DATE ADDRESS 1 7 Elmer Avenue LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX-XX -30$5 LAST JOE 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 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL. REQ. NO 2009 -006 SALARY RANGE OF POSITION $11.57 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY. Ste ven J. Stepniak - - TITLE OF APPOINTING. AUTHORITY: C ®li missio DATE: SIGNATURE OF APPOINTING AUTHORITY: .t ORIGINAL + 3 COPIES TO: CITY CLERK (OkBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICES/CIVIL SERVICE #7- DGET #8-DEPARTMENT #J- DIVISION- #10-EMPLOYEE(S) 0003/ 2 19 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. I February 2, 2010 #3 (Rev 1 -02) Cert In compliance with provisions of Section 24 -2 of #ha Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(&) named in Schedule "A" have been certified or approved by the Human Resou rces/Civil Service for the Appointment Effective: 1 i in the Department of Public Works Division of Streets to the Position of Track Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM enter Starting Salary) : Starting Salary of $21,573 LAST JOB TITLE NAME Tom Toporczyk LAST DEPARTMENT DATE ADDRESS 951 Eagle Street LAST SALARY CITY & ZIP Btaff'lo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -6369 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 52002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 41 1001 PROD. ID PERSONNEL REQ, NO 2009 -059 SALARY RANGE OF POSITION $21,573 -$35,955 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY. Steven J. Steprtiak �> TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9I7110 SIGNATURE OF APPOINTING AUTHORITY:' ORIGINAL + 3 COPIES TO: CITY CLERK (Ol�l®EFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER 46s HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9-DIVISION 410-EMPLOYEE(S) - NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS February 2, 2010 00035 a D EPARTMENT OF ENER GY West Valley Demonstration Project 10282 Rock Springs Road West Valley, NY 14171 -979 January 20, 2010 Dear Interested Party: W6,-S_r VALL 1fk 7 Enclosed for your review is a full copy and/or a Summary and CD of the U.S. Department of Energy's (DOE) Final Environmental Impact Statement for Decommissioning andlor Long -Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (EIS) (DOE /EIS - 0226). DOE and the New York State Energy Research and Development Authority (NYSERDA) are joint lead agencies in the development of this EIS. The U.S. Nuclear Regulatory Commission, U.S. Environmental Protection Agency (EPA), and the New York State Department of Environmental Conservation (NYSDEC) are cooperating agencies under the National Environmental Policy Act (NEPA). NYSDEC and the New York State Department of Health are involved agencies under the State Environmental Quality Review Act. DOE is responsible for completion of the West Valley Demonstration Project (WVDP) and NYSERDA owns and is responsible for the closure or long -term management of the Western New York Nuclear Service Center (WNYNSC), located approximately 48 kilometers (30 miles) south of Buffalo, NY. Therefore, the proposed action in the Final EIS is the completion of the West Valley Demonstration Project and the decommissioning and /or long -term management or stewardship of WNYNSC. The Final EIS evaluates the potential environmental impacts associated with a No Action Alternative and three action alternatives: Sitewide Removal, Sitewide Close -In- Place, and Phased Decisionmaking (the DOE and NYSERDA preferred alternative). Under the Sitewide Removal Alternative, all site facilities and contaminated soil, sediment and groundwater would be removed to meet criteria that allow unrestricted release of WNYNSC. Under the Sitewide Close -In-Place Alternative, most major facilities and sources of contamination would be managed in their current locations and isolated by specially designed closure structures and engineered barriers, allowing for partial site release for unrestricted use, while the remaining portions would be released under restricted conditions or converted to a long -term license. Under the Phased Decisionmaking Alternative, decommissioning would proceed in two phases. In Phase 1, the Main Plant Process Building, Remote Handled Waste Facility, Vitrification Facility, lagoons and various other small facilities would be removed and the source area of the North Plateau Groundwater Plume excavated. Further, while these activities are conducted (estimated to flake 8 to 10 years), the agencies would also conduct a number of activities to help determine the best technical approach to complete decommissioning of the remaining facilities and facilitate decisionmaking in that regard. Phase 2 decisions would be made within 10 years of the DOE Record of Decision and NYSERDA Findings Statement, if the Phased Decisionmaking Alternative is selected. Under the No Action Alternative, no actions toward decommissioning would be taken. 1 A 2 DOE and NYSERDA issued the Revised Draft EIS for public comment on December 5, 2008. The public comment period, originally scheduled to end June 8, 2009, was extended through September 8, 2009 in response to requests from the public. Four public hearings on the Revised Draft EIS were held at locations in New York State and on the Seneca Nation of Indians Reservation during this time. DOE and NYSERDA have considered all comments received and incorporated both the comments and the agencies' responses in this EIS. Key changes between the Revised Draft and Final EIS include: incorporation of updated environmental and site - specific information, changes made in response to the NYSERDA View on the Revised Draft EIS, and revision of the description of alternatives, particularly that of the Phased Decisionmaking Alternative to specify that a Phase 2 decision (completing the decommissioning or long -term decisionmaking process) would be made no later than 10 years after issuance of the initial DOE Record of Decision and NYSERDA Findings Statement, if the Phased Decisionmaking Alternative is selected. DOE will issue a Record of Decision no sooner than 30 days after the EPA publishes its Notice of Availability of this Final EIS in the Federal Register. NYSERDA will publish its decisions regarding actions at the WNYNSC in a Findings Statement in the New York State Environmental Notice Bulletin no sooner than 10 days after issuance of the Final EIS. The Final EIS will be available on the DOE NEPA web site at www.ac.enervy.vov/NEPA and the Vilest Valley EIS web site at www.westvalleveis.com. For information regarding W VDP or the Final EIS, please feel free to contact me at (716) 942 -4159. Thank you for your continued interest in DOE's NEPA compliance program. Sincerely, RECEIVED AND FILED Catherine M. Bohan NEPA Compliance Officer and Document Manager Enclosure January 19, 2010 Joseph A. Gardella Jr., PhD., Interim Chair Buffalo Environmental Management Commission City Hail - Room 920 Buffalo, New York 14202 Dear Mr. Gardella: f ■ l 3 w ' The New York State Department of Environmental Conservation (the Department) received your request to extend the deadline for your reply to our State Environmental Quality Review Act (SEQR) coordination letter on the proposed modification of the Battaglia Facility at 1037 - 1055 Seneca Street. Your request for a thirty day extension of time is granted. Please reply by February 17, 2010. In particular, please help clarify the Buffalo Environmental Management Commission's position on SEAR lead agency for this action and the previous municipal solid waste transfer station proposal by Battaglia Demolition. This Department has no objection to the City continuing as SEAR Lead Agency for the review of this action. Thank you for your interest in this proposal. We look forward to your comments. If you have any questions, please contact me at (716) 851-7165. Sincerely, REFERRU 1 THE COMMITTEE ON LEGISLATION Steven J. Doleski Regional Permit Administrator DSD: r�f� cc: Ms. Abby Snyder, Regional Director, NYSDEC Region 9 Mr. Mark Hans, NYSDEC Buffalo Hon. Byron Brown, Mayor, City of Buffalo Mr, Drew Eszak, Acting Director of Planning, City of Buffalo Mr. Gerald Chwalinski, City Clerk, City of Buffalo .' Mr. Peter Battaglia, Battaglia Demolition Inc. February 2, 2010 Buffalo Common Council 1308 City Hall Buffalo, NY 14202 To Whom it May Concern: On behalf of the members of the NYS Liquor Store Association, we respectfully request that the Buffalo Common Council adopt a resolution in opposition to Governor Paterson's Executive Budget Proposal that would allow for the sale of wine in grocery, convenience and drug stores. This proposal would devastate the small business liquor stores across the State. Studies have shown that more than 1,000 stores would go out of business and more than 4,700 people would lose their jobs. The loss of jobs in the liquor stores would not be balanced out by grocery stores firing additional workers. The grocery stores would make room for wine on existing shelf space, managed by the saute employees, with no need for additional hires. In addition, by allowing an additional 19,000 stores to sell wine, underage kids would have much more access to alcohol, there would be an increase in DWI incidents, and higher costs associated with policing and healthcare. Last year Governor Paterson introduced a similar proposal in his budget that was rejected by the NYS Legislature. liquor store owners across the State need your support again this year to help us save our stores. A resolution from The Buffalo Common Council will go a long way in helping us in our fight against this misguided proposal. Thank you for considering our request. We greatly appreciate your support. Sincerely, Stefan Kalogridis President NYS Liquor Store Association cc: Marc Ressler EFE REED TO THE: COMMITTEE N LEGIS LATION, 1 �f1 r tel: 5 18- 694 -0483 fax: 518 - 463.8656 ilysisa@caphill.com W New York State Liquor Store Association 1450 Western Ave., Suite 101 - Albany, NY 12203 February 2, 2010 Buffalo Common Council 1308 City Hall Buffalo, NY 14202 To Whom it May Concern: On behalf of the members of the NYS Liquor Store Association, we respectfully request that the Buffalo Common Council adopt a resolution in opposition to Governor Paterson's Executive Budget Proposal that would allow for the sale of wine in grocery, convenience and drug stores. This proposal would devastate the small business liquor stores across the State. Studies have shown that more than 1,000 stores would go out of business and more than 4,700 people would lose their jobs. The loss of jobs in the liquor stores would not be balanced out by grocery stores firing additional workers. The grocery stores would make room for wine on existing shelf space, managed by the saute employees, with no need for additional hires. In addition, by allowing an additional 19,000 stores to sell wine, underage kids would have much more access to alcohol, there would be an increase in DWI incidents, and higher costs associated with policing and healthcare. Last year Governor Paterson introduced a similar proposal in his budget that was rejected by the NYS Legislature. liquor store owners across the State need your support again this year to help us save our stores. A resolution from The Buffalo Common Council will go a long way in helping us in our fight against this misguided proposal. Thank you for considering our request. We greatly appreciate your support. Sincerely, Stefan Kalogridis President NYS Liquor Store Association cc: Marc Ressler EFE REED TO THE: COMMITTEE N LEGIS LATION, 1 �f1 r 0003 The Xuffalo Common Co« .: d -k MICHAEL P. KLARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5169 # FAX: (716) 851 -4294 11-mail: mkearnsdclty- buffalo.eom CHAIRMAN FINANCE WATERFRONT DmLoPMFNT COMMITfEl S BUD(;Fr BURA CIVIL SERVICE CLAIMS RULES LEGISLATIVE ASSISTANTS MARTHA-ANN MURPHY KELLY M. KRUG RUSSELL C. WEAVER TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: January 21, 2010 RE: Buffalo News Article re: Water Rates I would life to file the attached information for the next Common Council meeting to be held on February 2, 2010. Thank you. "'For the P ' Ellicott Development 210 Ellicott Square E H Company A Division of 10 Ellicott Sawre Court Corp. 295 Main Street Deal Estate Development, Management & Leasing Buffalo, N.Y. 14203 -2219 Commercial • Residential Buffalo Fiscal Control Board Market Arcade Building, Suite 400 617 Main Street Buffalo, N"-X' 1420; January 5, 2010 Re: City of Buffalo Water Board To Whom It May Concern: 6 716.854.0060 fax 716.852.2829 www.elticottdevelopment.com I request that your office: 1. Audit the water service function of the City of Buffalo including all activities of the City Water Board and American Water, its contractor. 2. Investigate the ability of Byron Brown to appoint a City or Sewer Authority employees under his control and direction to the Water Board, which by its nature was designed to have members independent of the influence of elected officials of the City of Buffalo. 3. Investigate the legality of the City of Buffalo indirectly taxing municipal utility ratepayers by taking $4.6M +/- into the City General Fund from water system. revenues annually. It appears illegal for a municipal utility to contribute its revenue to the General Fund of the City. Irregardless of legality, insofar as the City General Fund is presently generating a surplus and has a sufficient reserve, the continued $5M contribution from water ratepayers is not in the best interest of the taxpayers of the City. 4. The City Water Board was established to have seven members. Only four members voted on the recent 19.5% rate increase because three seats have remained vacant for over a year. We submit that the vacancies were not filled intentionally so as to allow for a majority of members under the control and influence of Byron Brown to vote in favor of a rate increase. The failure of Byron Brown to appoint three members to the Board to vote on such a significant massive increase in water rates is a breach and abrogation of the responsibilities of his office. 5. Approximately six years ago, the Erie County Water Authority offered and discussions were held concerning the absorption of the City water system into the Erie County water system. A Pittsburgh engineering consultant firm was commissioned and its study disclosed that the City water system had in its employ at the time approximately 170 workers. It was their apparent conclusion that the City water system could function with as few as 70 people. The County Water Authority offered to the City that there would be no layoffs and the workforce would be reduced by attrition. The County Water Authority was prepared to assume responsibility for the present condition, repair and upgrade of the City system and rates were guaranteed not to increase as part of the absorption. We assume that the $SMIL per year grant of water system revenue to the General Fund of the City was a major sticking point in the discussions and that for other political reasons, the administration and the Common Council felt that the City should retain its water system, as inefficient and as corrupt as it was. A new study should be conducted and talks should be resumed to consolidate the City water system with the Erie County Water Authority which would in addition, relieve the City of legacy costs for the inefficient staffing. It would be wise for the City to so consolidate. 6. Apparently, the rate increase passed last week by the Water Board was based on a rate consultant's report from 2008. If that is the case, the Water Board should have disclosed the report in the beginning of 2009 and not on the day after Christmas, 2009. The Water Board's vote was conducted at 8:00 a.rn the next morning after a public hearing was held in the Council chambers that ended at approximately 11:00 p.m. at which significant questions were raised about the justification of the rate increase. The hurried race to get the matter passed illustrates the it and ignorance of a rubber stamp Water Board appointed to serve the ratepayers and not a greedy, incompetent, political and corrupt administration. All Board members were selected by Byron Brown. One is the Budget Director of the City. The Chairman is all employee of the City Sewer Authority, Byron Brown wants it both ways. He says he is opposed to the increase of water rates. Then why have they increased? Obviously Byron is playing with smoke and mirrors and trying to have it both ways. This sickness in City Hall must be dealt with deliberately. It is a sorry example of power for the salve of power. 7. A number of years ago the City signed a contract with American Water to manage the Water System which contract has failed to provide a cost efficient service to the community. I personally have experienced a debilitating effort of trying to communicate with someone at American Water our complaint for improper billings on four separate properties. Approximately six months ago, I personally sat with Mr. Stepniak, the Public Works Commissioner, who since has been unable to get us a response to our claims. Some of our properties were included in the recent In Rem for failure to pay water bills improperly charged. I am aware of the case of an elderly citizen who suffered the "Buffalo two - step when her home was sold at the In Rem because of a $600.00 water bill. Did anyone call the poor woman? Of course not. The functions presently performed by American Water could easily be performed by adding some employees to the Erie County Water Authority. American Water's contract comes up in 2010 and it should be terminated. I am sending a copy of this letter to the U.S. Attorney and the Erie County District Attorney to investigate negligent criminality on the part of American Water and the Water Board in conducting the operation of the Water System. The costs suffered by the community because of the administration's arrogance and arbitrary and capricious lack of responsibility is abhorring. Very truly yours, Ellicott Development Company U �� Carl P. Paladin Chief Executive Officer CPP /pg Cc: City Water Board Frank Sedita, Erie County District Attorney William Hochul, U.S. Attorney David Fronczak, President, Common Council Councilman Joseph Golombek/ Councilman Michael Kearns Councilman Richard Fontana Councilman David Rivera Buffalo Water Board AE TO THE COMMITTEE FIN ON 000f Tbe NOUN Common cif :- MICHAEL P. K EARNS PRESIDENT PRO TEMPORE SOUTH DISTRICT CO UNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 - 3318 PHONE: (716) 851.5159 o FAX: (716) 851 -4294 E -mail; mkearns @city6uf€aio.com January 24, 2010 Martin F. Kennedy, Commissioner Department of Assessment and Taxation 101 City Hall Buffalo, NY 14202 Dear Commissioner Kennedy: CHAIRMAN FINANCE WATERFRONT DEVELOPMENT CoA9taST7TEEs BUDGET BURR CIVIL SERVICE CLAIMS RULES [slA.( #VE AS E_5 M C f At2TI -IA -ANN MURPHY RPHY RPIiY KELLY M. KRUG RUSSELL C. WEAVER I Ju co old C- I respectfully request that the Board of Assessment Review commence conducting assessment review hearings in individual Council Districts, and not solely in one central location (City Hall). The City Charter does not mandate that assessment review hearings be conducted in City Hall and the New York State Real Property Tax Law (RPTL) permits the Board of Assessment and Review to conduct hearings in more than one location. RPTL § 525 (1) states that "the board of assessment review shall fax the place or places for the hearing of complaints in relation to assessments and fix the hours of such hearing..." While both the City Charter and the RPTL are specific as to the time and manner that the hearings are to be conducted, neither mandates a specific hearing location. Conducting the hearings in each council district will hopefully not cause an undue hardship on the Board as all of the equipment utilized to conduct the hearings appears to be portable. These items include a laptop, projector, tape recorder and files. Most importantly, it will also be of great convenience to the residents and businesses challenging their assessments to have their hearings conducted in their own district. Currently a citizen challenging their assessment is given very little notice of when they are scheduled to appear before the board. Further, to the best of our knowledge, missed hearings are not rescheduled. Given the importance of these hearings, every effort should be made to ensure that each citizen wishing to be heard is granted that opportunity in the most convenient manner possible. Thank you for your attention to this matter. AFC E `F 2 3 3. Culfiffi Sincerely, N �NAE Michael P. Kearns Common Council Member, South District , "For th P eople' NewYorkStateCenterofExcellence } r -s n ° January 19, 201 Common Council for the City of Buffalo City Clerk's Office 1308 City Hall Buffalo, New York 14202 Dear Common Council for the City of Buffalo: l�n 0 I was most pleased to see the recent notice regarding the Common Council adopting Resolution #71, CCP on January 5, 2010 `Eliminating the Buffalo Economic Renaissance Corporation.' I realize that the period for filing public comment closed on January 14, 2010, but I am hopeful that this submission may still be considered. As the Director of Business Development for two New York State programs based at the University at Buffalo (UB), including the UB Center for Advanced Biomedical and Bioengineering Technology and the NYS Center of Excellence in Bioinformatics and Life Sciences (COE), in my day -to -day experience working with high -tech businesses and opportunities, BERC has not been involved or available to assist with tangible support. At the same time, the BERC funding could dovetail with other programs, such as the UB CAT and COE to support the launch and growth of new products, services, companies, and ultimately, jobs. I encourage the City to create an ad hoc committee to determine how to redeploy the BERC funding to optimize its impact in building in our new economy. The committee members should mirror the task force efforts on diversifying the state's economy conducted by New York State this past year, where recommendations were derived from a collaboration of industry, academia, government, and community organizations. I appreciate the opportunity to submit my comments, and I welcome any inquiries regarding this submission or related matters. 1 can be reached at 881 -8904 or lavigne2 @buffalo.edu. Thank you for your efforts to improve the use of City funds on behalf of growing the region's economy. Sincerely, i'D THY- COMMITTEE Marnie LaVigne, PhD ON G` WWUN ITY DEVELOPMENT. Director, Business Development 000 701 Ellicott Street Buffalo, New York 14203 Phone: 716.831.8900 Fax: 716.849.6890 www.bioinformatiGs,buffalo.edu University at Suffalu NY , estate Unhws tycrf Ne►vYvrk 01/28/2010 12:00 7152830328 00041 Dear Common Council: OF'F'ICEMAX0328 i -n /V> up-,A t- Over the past couple of years, the Emergency Medical Services System in the City of Buffalo has deteriorated at an inexcusable rate. As an Emergency Medical Technician with Rural /Metro Medical Services in Buffalo, I have seen this downturn firsthand, It Is with this intimate knowledge of the current state of affairs that I write to you today, in an effort to highlight the seriousness of the situation, to include the specific issues present. The problems facing the EMS System are plentiful and will take a great deal of hard work. Finding solutions will take sincere dedication on the part of each EMT and Paramedic, Rural /Metro Medical Services, and the Common Council. Despite the hard work ahead of us, the ultimate goal of a more effective and efWent system will be the greatest reward. To fix a system as important as EMS, we must begin by addressing the most pressing issues. These Issues can be categorized into three different categories. First, Buffalo does not require a Paramedic on every ambulance dedicated to the 9 -1 -1 system. Secondly, Buffalo ambulances are not required to remain in service only for Buffalo 9 -1 -1. Lastly, the ambulances provided to Buffalo citizens in their time of need are mechanically unfit for service. By not requiring a Paramedic on every ambulance, Rural /Metro has been allowed to endanger Buffalo's citizens on a call to call basis. Despite the efforts of the Emergency Medical Dispatchers to determine which call needs one of the few Paramedics available, every call for emergency service remains unpredictable in both the nature of the call and the resources needed for the call. The unparalleled ability of paramedics to assess patients and perform life - saving Interventions provides those in need with the greatest chance for survival. The bottom line is that Paramedics save lives. To allow Rural /Metro to continue to withhold this care from Buffalo is to continue to jeopardize the health and safety of Buffalo's citizens. This problem is magnified by a chronic misuse of available ambulances. By not requiring designated ambulances for Buffalo EMS, Rural /Metro frequently leaves the entire City of Buffalo with only one ambulance available. The other ambulances are assigned to outlaying' suburbs, either permanently or temporarily, or assigned to non - emergent patient transfers. I cannot min to imagine the fear and frustration one must feel when a loved one is in desperate need of emergency care but there is no ambulance available to respond. It is unfair to stack available ambulances in Cheektowaga at the price of denying service to Buffalo. We cannot allow this practice to continue. The last issue to be addressed in this letter is the ignored deterioration of the ambulances used to save lives. It is common practice for Rural /Metro's Buffalo operation to purchase ambulances from other EMS operations. These purchases are made once the selling operation feels that the ambulances are no longer suitable for service in their community. This has created a second class fleet with a majority of ambulances over ten years old and over 350,E miles, 1 have responded to emergency situations in the past, where an ambulance was already on scene, but has broken down. This has not happened on one single occasion, but rather several different calls. These practices cannot be allowed to continue, PAGE 02/03 1 1 01/28/2010 12:00 7162830328 OFFICEMAX0328 PAGE 03/03 I write this letter to you in hopes that, together, we can work to solve these problems. As I have stated already, this will take a great•deaI of hard work. With that In mind, please understand that I reach out to you not as a sole individual. but as a voice for several EMS providers, all willing to do what is necessary to protect the health and safes of those we serve. With your help, we can and we will brim an effective ambulance service to Buffalo. 'Thank you for your time and continued dedication to this great city. I look forward to hearing from you, Sincerely, Corey McNierney, EMT 8 REFERRED TO THE COMMITTEE Na T ION$ January 25, 2010 Common Council of the City of Buffalo Attention: Jacqueline E, Rushton 65 Niagara Square, Room 1413 Buffalo, NY 14202 -3318 Ref: OCC Case # 1042983 Dear Ms. Rushton: The executive office of Sank of America has received your inquiry filed with the Office of the Comptroller of the Currency (OCC) dated June 10, 2009. Your inquiry was forwarded to its by the OCC and we received it January 11, 2010. As a Customer Advocate in the Office of the CEO and President, I welcome the opportunity to respond to your concerns. As scheduled, Bank of America closed the banking center located at 949 Broadway on August 14, 2009. Out decision to close a banking center is never an easy one. We did an extensive analysis of the overall Buffalo market and determined that our business model did not warrant the number of banking centers in operation. Ultimately, we closed. the Broadway location because it was under - performing. In making this difficult decision, I can assure you that the bank was in full conformity of Community Reinvestment Act (CRA) requirements and meticulously followed all bank procedures that have been set in place to make sure we remain in CRA compliance. As you may be aware, the bank is currently in discussions to possibly donate the building to a non - -profit organization. We continue to work towards a solution that will allow the community to retain this unique structure. Surveys and renovation estimates continue to be developed in the hope that a preservation group may take control of the building. At this tinge, Bank of America still has an ATM at this location, allowing our customers to snake deposits, withdrawals and conduct other bank business. A determination as to the long -term status of this ATM has not been made, pending the outcome of the above negotiations. I want to assure you that the Troubled Asset Relief Program (TARP) funds received from the government were not a grant to the bank; rather, we considered the funds to be a temporary loan to be paid back with interest. In fact, the $45 billion in TARP funds was repaid in full, plus interest, on December 9, 2009. I thank you for taking the time and effort to bring this matter to our attention. Sin�ly, __Wan O'Gra yy m � VP /Customer Advoc,. Office of the CEO and President 813.805.4868 T- 354010 ON cc: Office of the Comptroller of the Currency I�, L T°. 1- Bank of America, office of thn CEO & pre.aident, FIA- 300.01 -30, P.O. Box 25119ja lnpa, l' L 33622 -5118 Re yclM papa t\ <TOI E ;1L THO MPSON SI, \AI'Ok 6DIH DNTRICI' 213 ?SAI STATF OFO BUHAWN 65 COURT STREET BUFFALO, AiE=-W FORS; M-02 - E 7tG1$7'i-SIOS I'Ak 1 il6l55 -3o! R00.M 0W LEC IS1 -off I V 0FNCi, BUILD) �NC, ALBANY. NEW YORK 12257 15181 55 -3371 FAX €7181 -6969 ITIUN,PSUN NYSLNNfh.GOV EMAIL t�II Io�Ersan sr- . :�:Air ;.sr.,•r- ..:��.us January 19, 2010 Mr. Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 000. S'Fj f E OF NI E W YORK Metro Housing Protection Agency proposal Dear Mr. Chwalinski: f E CHAIR .. V! 1 0,%;% 1 [ - N AL CON" COMMITTEES EES CIVIL SERVICE A N-- ' •.s NSURANCF LCiCA 60VE I',N'S•IENT 1 SMl RECRE:.r' 1 s SPOR15 DEVELOW-,TNI'IT VETERANS. 1101ML AN-13 Sr CURII `i & ML L.ITA IZ 1' AFFAIRS Please file the attached Metro Housing Protection Agency proposal for the next Common Council agenda. The issue of safety in public housing is critical and I believe a discussion by the Council of this proposal is warranted at this time. Should you have any questions regarding this request, please don't hesitate to contact me through my regional office at 716 - 854 -8705. Sincerely, Antoine M. Thompson New York State Senate, 60' a REFERR T `f jI' C"OHIM ON MO., I UVIE-LOPIUIENT. 'District Cc: Hon. Byron W. Brown, Mayor Hon, David A. Franczyk, Council President Ms. Dawn Sanders, Executive Director, BMHA Mr. Dennis Brennan, Training Director, Peace Officer Training Academy Im Will • "COMMITMENT TO COMMUNITY Created and prepared by: Deputy Chief James J. Ward � E\ � » N arrative Al - � az. ... A The v is i on <.. . ■ / department /a be » premie public saf department f t B M H ousing A ut h e its res a sta department that proud executes t fhighest e thical 2 . . .. . .. . . :. ... . $ p standa performing ■ ■.e:t continuously imp upo t he \ » e /fl\ .. . . cone :y # resid and s a p th e f assets .. \ the Authority; .. . '< # creating . � »# e e� ��f■ e � safe .. . # - ■ $f can deve t heir t■ f : and abilities for bett erment $: themse .. y ■the co environ *: from destructive influen ■ viole and hope us c r ea tivity, t echno l ogy a t to e te our bus as a p commun public » `+ depa > .. . . th . p t ■'$. e z ._. the r elationships, cooperatio # part community we serve 2 � Metro Housing P Agency . ■ 4 r equesting fu . init .$ : ■ :f ■h* organization a .'■e \ »$� §\ ■ ■: .. . » an + .f planning e* ' ■e:.,. im p l ementation , sta and e $ - ■$ . . . . .. . . $ .° �� ^$.. e $ ■�fl\ $ «$ *�\. Our successful ■ $ to provide $. ■ \ \: services `$ the 27 t\ of \ ;.. low h o m eownership housing owned $ f City \ \- e our exp mana gement p to a ttract wo individuals » and families back to a revitalizing »■ \$ \ economically . . . cont \■ . stab a re build \ f - §$ #` :t ■` §': community. We will cre ate a subsid h ous in g $ $\f \ \$ agency stru ctu r ed fie develop : public/p partne tail to m eet the City .* ». We w ill then . . . .. co �� . - et . $f e w � ^ f and $2H . public . . . .... « ,e2 » ■,■ . <- t. services �$ the City- owned . <.�..f f■�: �« substandard � #.r# a_ « in adequ a tely policed h ous in g u in :f co mmunity 2rea we serve 3 'J� The new Metro Housing Protection Agency will also 0 enable us to, independently and more effectively, manage the buildings that BMHA currently own and Pu blic Providing . distinct • Low- inc ome * i .. ch alle nges. w R e gardle ss our gro exc and a ccess. R esi de n t s com or are looking for information must be able to contact .?n on-site Metro Housing Protection Officer and receive the assistance and information they need. The of !!!A ho using o critic Fac ed ever- government fund shrinking support s • d pro grams fo community, many would view this fe as futill But s e es this p ict ure as an op portunity • produce efficient housing public safety man this services .e resource o .! h S n. s. _ influ ho n of this n M J1 B� Culturally, the population features large extended families r equiring greater financial resources to sustain themselves. The unemployment r is overwhelming. Much of this c be traced to e l of employable skills, or a mismatch between the skills o i t h ose i i. by regiona in M of the members of the local community who are employed work in low wagejobs cuch as machine o perators, clerical support, service s a l es i gener l a bo r. The need for safe, decent affordable housing is critical for the community « which BMHA serves BMHA currently provides housing and related services for permanent and temporary reside community, most with household incomes below 60 percent of the area median household income. 5 Establishing a n housing public s d s will permit us to expand and fa � five-year housing agenda responsibly, efficiently an The new Metro Housing Prot A g e ncy intern a reliable mechanism to quickly respond to changing s • ex m c ond iti ons , a c oordinate o ur m pl j and We will use these funds to form a new housing public safety department that will forge private s pu p artnerships to mana City-owned or controlled l ow - income ho meownership community. _ b l inc D M.H.P.A has a staff of 43 Officers: 1 Chief, I Deputy Chief-Business Administrative Officer, 1 Chi liq 16 are full time, and a re pa rt tim 0 The Metro Housing Protection Agency was formally accepted into the Peace Officer Training Academy OO March 1, 2009. T he Peace Training - _ . $. .- � .« �� - ■f § §■established to ■$: ■ specialized \ ^ e Enforceme . . . training �$ Law $ � require ■t »�f officer certificat � Office .. . .. � .t� their uni que pos includ \examples as Po ~ \$ + §e ^§ Officers \$ Constables, . . . �� . Contro $ Officers .> � . . Court � _ ~ f2 and -* Office . .� , ■- « . Officers . Such off are r equ ir ed §■ meet m inimu m t r a inin g standards /ft f ourth by the New York State Municipa Police Tra Co uncil. T he * \ #fm p . . . ■f§ cou « always » »t_ and often e those minimums » : out \* Cr Proced . » < In addition, t \ ■ offe v ar i ety $ spec e.§f § ■ ■# militar pe sec off and r etired law enforcement officers » Peace Academy Officer . � . . . partnered f■ with «$fe a co cred ~ $ Hil bert ■ f. � ..$ * $ ■` suc cessf u l �a A courses. he are the _ , St ■n » ■f .f< # ■ partne \ \�. e le give t #f credits �� educational � . . . . . . $ p officer and security guard t » $. 7 ' d {0 s All instructors assigned to the Academy have graduated from the New York State Instructor Development Schd are certified by the New York State Division of Municipal Police Training Council. In the 2009 Goals and Objective Plan, the Metro Ho Prot Ag ency st its intention to ha all newly police officers be trained certified in the following ar Course 0 300 hour Basic # Peace Officer with Firearms Chemical Agents Riot Control for Tactical Situations • First Aid /CPR • Radar Operator • Emergency Vehicle Operations and Emergency Driving DWI and Domestic Incident Reporting ® Aerosol Subject Restraint Expandable Police Baton ® Advanced Patrol Rifle ® Weapons of Mass Destruction Awareness Level Training 8 .\ In addition, M.H.P.A will foste build 8 8 d maintained 7 st bonds a relat w th e co mmunity- ....e`$ community .. .. e��t■ organizations . ■. �f �< w $ H to deliver a mu $` p a ser ■ reside $<§ impove are . �.. ..: .. . . .:. . We will me our 2009/13 Met Ho Prote A gecy p by the n u m erous h ous in g police p $e ^ ` ■ § «t.f/ We will s project . ■ $ upon $ * completio of each f f \.f will *■ detailed accurate co records of expenditures made . ■t l ^f /f availab funds and pa .. . . . � . actively eva ■^ a�e■ p :\7 - §f/ $.#� °f \$.2f @`\ :.<..> + . . . . course `� t «. :.■ year U pon r u we will then provide : : ■ t* $ f .. .. . ■- ^fl ■� f.$ �* and expenditure < . r elated .. . - «.t■ ■f $..� # * ef . ■ ce »§ ■e §.�f ^\:�■ that «2 \# ^. »� \ f m one y \ spe #t purposes f o /h it was provided. E J� Further, evaluation of M.H.P.A. overall effectiveness as a housing public safety department will be measured by resident satisfaction, and the level of successful tenant services" provided. bud gets The following s p lans De without definitive funding sources identified. It will be the responsibility of the iden Administrative Officer and the Chief of Police to and secur f the various com a a n d o s ources. r: y not need funding beyond the e annual budget o of i o op b udg e t a l wa ys iOollars per fiscal year. The costs for the majority of items are contained in current budgeting categories. 10 BEY um Estimated Budget 2009 2010 2011 2012 2013 Wages (FT Officers) $ 434,640.00 $ 869,280.00 $ 869,280.00 $ 900,000.00 $ 900,000.00 Wages (PT Officers) $ 250,000.00 $ 430,000,00 $ 430,000.00 $ 430,000.00 $ 450,000.00 Estimated Overtime Wages $ 15,000.00 $ 30,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 Health Care Benefits $ 207,000.00 $ 207,000.00 $ 207,000.00 $ 207,000.00 $ 210,000.00 Police Training $ 64,500.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Police Equipment $ 86,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Police Vehicles $ 300,000.00 $ - $ - $ - $ Office Supplies $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 Forms and Letterhead $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 Copier Lease Payments $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 Vehicle Expense $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 Motor Fuels $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Materials /Supplies $ 3,500.00 $ 3,500,00 $ 3,500.00 $ 3,500.00 $ 3,500.00 Maintenance /Repairs $ 8,000.00 $ 8,000.00 $ 8 $ 8,000.00 $ 8 Professional Services $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 Legal /Attorney Fees $ 65,000.00 $ 65,000.00 $ 65,000.00 $ 65,000.00 $ 65,000.00 Telephone $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.00 Portable Radios $ 25,000.00 $ 5,000.00 $ 5,000,00 $ 5,000.00 $ 5,000,00 General Liability Insurance $ 50,000,00 $ 50,000.00 $ 50,000,00 $ 50,000.00 $ 50,000.00 Utilities /Fiber Cable $ 29,000.00 $ 29,000.00 $ 29,000.00 $ 29,000.00 $ 29,000.00 Security $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 Dues /Subscriptions $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 Computer Expenses $ 29,000.00 $ 29,000.00 $ 29,000.00 $ 29,000.00 $ 29,000.00 Computer Supplies $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 Misc. $ 5,000.00 $ 5,000.00 $ 5,000,00 $ 5,000.00 $ 5 Contingencies $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 $ 4,000.00 New Servers $ 12,000.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 $ 1,200.00 Capital Outlay $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 Community Policing $ 10.000.00 $ 10.000.00 $ 10,000.00 $ 10.000.00 $ 10.000.00 Total: Expenditures $1,732,640.00 $1,905,980,00 $1,895,980.00 $1,921,700.00 $1,944,700.00 r 11 � .. . .. Our / » collection ■ ,' sub c ommunities which inclu$ . of old and new m . . .. res buildi .� ■�e. :, ■. .. ■ ^ conve elevato a.a hou an d . . area .t »` ■ small .._ ma firms - f \ a ethni blend » \ j u s t over 90 perce of the reside B an d Hisp most ew a poor w a m edian ■.`f e # income of less than $14 T f ._ * ■aaffordable ^$.\ n# is more dramatic . . ... , f ce da revea w $ percent u■f c ount f`f # by Ce Bu r epo r t in can at $'t■.ltet■t #f' of pub hous res f■ f\ an d the lan guage arri making ■ \f \ : f■ ■y`■ e #c ®■ Hous P etf \ §■ Age will ■f - `:#l� ■■e\ f:$f affordab � � ` . . � housing police services in this city. 12 The M.H.P.A. is committed to a course of privatizing the police services for BM HA. The future of low - income housing police protection in this community will be answered through public - private partnerships, which have the support and backing of the community and ". capability of producing and m anag i ng a. a po f or r • the community's low-income funds The A the City of Buffalo #. Government .. provide ` ► opportunity form a public-private public-private partnership the City to efficiently manage public safety the 27 City-owned low-income homeownership housing units in our community, and continue to preserve, improve and dignify the fabric of our community. 13 PETITIONS February 2, 2010 00 P. Fayushteyn, Owner, Use 1225 Hertel for a LED Billboard Sign (no pub hrg)(DeI) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD ADND THE ZONING BOARD OF APPEALS ii iJ NAME OF A ... ....... GE I! OWNER ADDRESS PRQJECT . `-- - 096 THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. _� n Date I Time Processed 011141201015;17 Issued Final �9s Giated Inf ormation Type of Mork Dept of Commerce Priority Square Footage 0.00 B y GRUND Ternp COO COO Expires # Plans # Pages Auto Reviews Bill Group Name 0 0 FLAT Date 1 Time Valua tion Declared Valuation Calculated Valuation Actual Valuation B y 0.00 0.00 0.00 rrk I ? I lt?l+1 C(?UNGiLAPF'ROVAL REQUIRED, SECTION 387-'IS,.FOR BILLBOARD SIGN. NO PUBLIC NEARII+IG REQUIRER_ -:28A APPROVAL REQUIRI D, SECTION 511 -101 A(2), FOR A SIGN WITH MOVING LIGHTS, PLACE AN L.E.D. MOVING-IMAGE BILLBOARD SIGN TO THE WEST FACADE OF A 3 STORY MASONRY MIXED -USE BUILDING, PLANS REQUIRED. Parent AIP # Project # Project/Phase Name Phase # Size /Area Size Description I�ro�r#ylSita _infOrn�tl�t _ - _ - - Address 1225 HERTEL BUFFALO NY 14216- Location +nePtT ®narst ; Contact ID AC1216706 Name ASSOCIATES 1225 HERTEL AVENUE Mailing Address CIO TRIDIB DASGUPTA Organization City PO BOX 781 State/Province GETZVILE NY ZIPIPC 14068 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 10129/2004 To 05/06/2007 Contact ID AC19261 Mailing Address City 19 BROOKEDGE ZIPIPC 14043 Day Phone Fax Occupant N From Contact ID AC325398 Mailing Address 232 GOUNDRY ST City NORTH TONAWANDA ZIPIPC 14120 Day Phone Fax Occupant N From Name ASSOCIATES 1225 HERTEL AVENUE Organization State /Province DEPEW NY Country ❑ Foreign Evening Phone Mobile # To Owner Y From 05/28/2000 To 05/06/2007 Name 1225 HERTEL LLC Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # To Owner Y From 0412512008 To Contact ID AC123920 Mailing Address 1225 HERTEL City BUFFALO ZIPIPC 14216 Day Phone Fax Occupant N From Primary Y Effective Contact ID TBB Phone (716)851 -4924 x Comments No Comments Name DASGUPTA TRIDIB Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # To Owner Y From 10/29/2004 To 05106/2007 Capacity Type Expire Name TO BE BID Fax Address 301 CITY HALL BUFFALO, NY 14202- Amount 999999 HIM AC125720 TO BE BID - Check Fees Fees Failed ZONING BOARD FEE ($75.00) Awaiting BILLBOARD APP FEE (PLANS AFTER ZONING) ($25.00) Unpaid BILLBOARD PERMIT FEE (PLANS) ($150.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 492302 CC APP COMMON COUNCIL APPROVAL REQ`D Incomplete 492300 PLAN REV - REVIEW REQUIRED Incomplete 492303 ZONVARI ZONING BOARD VARIANCE REQUIRED Incomplete Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 2 Case # 178135 Case # 180229 Amount ZONING BOARD FEE A 75.00 BILLBOARD APP FEE (PLANS AFTER ZONING) U 25.00 BILLBOARD PERMIT FEE (PLANS) U 150.00 492302 CC APP 0 N 492300 PLAN REV 0 N 01/14/2010 15:97 492303 ZONVARI 0 N A�t[vt� eY1sS�r?ia$�tll�- - Detail 2. PLAN REVIEWS Comments No Comments Modified By GRUND Modified DateiTime 01/14120101517 17 /1[Z��ll3st'tia Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review N Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review Q HVAC (Mechanical) Code Review ❑ Elevator Code Review Q Fire Code Review Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family Q Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. Q Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau nnd!£tun vallpravd ►v bats �pId _'pRied s ;[tne MD OK GRUND 011141201015:21 GRUND 01/141201015:17 GRUND N City of Buffalo BILLBOARD Building Applicati ®n_ 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report date 01/1412010 03:40 PM Submitted By DAVID GRUNDY P age 4 ❑ Work Without Permit (FINE) NO. TYPE 1 Billboard 5 ZONING DISTRICT C2 ® Zoning Board of Appeals Common Council Approval SIZE TOTAL SQ. FT. HEIGHT 50 23 01/14/2010 15:16 BILLBOARCO FLAT FEES No Log Entries Z905 - LE9 (9 LL) :auoyd WK WN'ls.ta4WV aniI(] IUOWE 6 9L L! O S 0 - ON asuaOrl • S •,k' N JOAananS puel pasuaDil ugPH glau 1a)l 7 0 AW , O/ 1 . :lip1� .Gd �1 ova , . ,81 �.., M __7�qbp/ . 7- Z �d � �h r - - Mel t "a3einp. ale* *o_A MON - oqi joi Z ik2d - - uotleutwexa ue -/q patnmai_ aq .{eau tey1 Staet. - tp: -. fiOZE isa� ift-- jlaPlnotii se. 8uyda:�xa Imq..9v - - - ale3s - Aue o3 Yaa(gnr si .fie -atitl jo ;zejjsge _ue - 3a sw(ii9ogn dE si °:deuc sigl_ub wait ,(ue $uua& #d tt�?uaq ??I7- ;noy7M- paaadaid..s ¢ m- .da -as - y REGULAR COMMITTEES CLAIMS COMMITTEE (DAVID A. RIVERA, CHAIRPERSON) Personal Injury Claims That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Tara Belin $25,000.00 A. 2. Denise Burnett $75,000.00 A. 3. Rachelle Cammillerie $30,000.00 A. 4. Nancy Loffredo $20,000.00 A. 5. Brittney Murphy $15,000.00 A. 6. Angeline McKinney PNG Sydney Holloway $49,500.00 A. 7. Nico Witherspoon $ 2,000.00 A. 8. Craig Witherspoon $ 2,000.00 A. 9. Ciara Witherspoon $ 2,000.00 A. 10. John Stronka $35,000.00 A. 11. Carlos Ramos $15,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims "airman 1 * AYE * N® * * FONTANA * * -- * FRANGZYK * G®L®MBEK x * HAYNES 7C KEARNS LOCURT® 1k 74 Y ERA 'h RUSSELL 4Y SMITH * Mai ®5 2/3 6 3/4- 7 * * x 000413" Property Damage That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Dino Adams $ 1,075.00 B. 2. Charles Bethea $ 310.16 B. 3. Josephine Calandra $ 485.00 B. 4. Robert Crawford $ 915.58 B. 5. Patricia Leggs & Shawn Long Jr. $ 321.90 B. 6. Catherine McNamara $ 18 1.75 B. 7. NY Central Mutual Ins. a/s /o Yvonne Antonetti $ 2,163.25 B. 8. NY Central Mutual Ins. a/s /o John & Alyson Wienclawski $ 368.78 B. 9. Cheila Quinonez $ 4,670.68 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims 04dL Chairman r� * AYE * NO * FONTANA * FRANCZYK x G ®L®MBEK * HAYNES * KEARNS * L®GURT® * RIVERA * RUSSELL * SMITH * * * * Maj-5 * x 2/3- 6 3/4- 7 00®47 F �.. B. 10. Jason Ramos $ 625.00 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr, Rivera moved: That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. Passed Recommended by the Committee on Claims -,wJz�4 C airman l AVE NO x FONTANA FRANCZYK x OOLOMBEK HAYNES x KEARNS L ®CURT® RIVERA * x RUSSELL. SMITH Mai - 5 2l3° 6 3/4 7 00048 B. 11, Desiree Reid $ 617.48 B. 12, Rose Van Kerkhoven $ 104.70 That upon the recommendation of the Corporation Counsel, the above actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims O-" haii nan AYE % NQ x FONTANA % % FRANCZYK G®L®MBEK HAYNES KEARNS ?C 'eY g; �T LOCUR & ® itC RIVERA 9F RUSSELL % SMITH % 2/3 1 6 3/4 / % 00049 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C. 1. Ashlee Amoia $ 250.00 C. 2. Douglas Klotzbach $ .75 C, I Michael Mazgajewski $ 2.00 C. 4. Jeremy Valentine $ 623.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respectivc claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman - �q AYE NO FONT►NA FRANCZYK GOLOMBEK HAYNES KEARNS dr LOCURTO RIVERA RUSSELL SMITH Mai - 5 2/3- 6 3/4- 7 000�o J Miscellaneous Invoices That, upon the recommendation of the Corporation. Counsel and the appropriate City Departments, the following claims be paid: D. 1, Buffalo Small Animal Hospital $ 8,522.00 D. 2. Chem -Aqua $ 602.33 D. 3. Chudy Paper Company $ 81.29 D. 4. Colgate Heating $ 12,770.67 D. 5. DCB Elevator $ 8,541.71 D. 6. Geiter Done of WNY Inc. $ 1,000.00 D. 7. Geiter Done of WNY Inc. $ 4,011.00 D. 8, Geiter Done of WNY Inc. $ 2,000.00 D. 9. Hamburg Overhead Door $ 1,973.00 D. 10, IBM Corporation $ 87,256.87 D. 11. JMD Environmental Inc. $ 1,255.00 D. 12. Mckays Clothing and Embroidery $ 148.72 D. 13. Paradigm Environmental Inc, $ 16,335.00 D. 14. tapper NYS Environmental $ 39,289.00 D. 15, Zenger Group $ 1,244.34 D. 16. Zenger Group $ 1,424.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims a Chairman �A9\ * AVE * N® * x FONTANA 9S FRANCZVK * GGL®MBEK * * HAVNES x - * KEARNS L®CURTO * * RIVERA * RUSSELL * x * SMITH * Maj ®5 * x 2/3- G 3/4- 7 00011 Miscellaneous That the above item be, and the same hereby is returned to the Common Council without recommendation. E. 1. Kevin Redanz $ 235,000.00 Mr. Rivera moved: That upon the recommendation of the Corporation Counsel, the above action for personal injury arising out of alleged abuse of discretion on the part of the City of Buffalo, be compromised and settled. That a cheek be drawn on the account of 4rg 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman i " AYE NO FONTANA SF 74 x }Y �+ y"p � �,j r�� ygr - A' ldl''ANCZ d. K x GOL®ir1BEK SF X HAYNES '� n 4t KEARNS L®CURT® X x RI VERA RUSSELL X SMITH Mai a 5 - r 6 � 2/ , 3 g 3 y4 g Y ` 000 2 E. 2. Sadeq Ahmed as Executor for Warith Habib Abdal $1,200,000.00 That upon the recommendation of the Corporation Counsel, the above action for personal injury arising out of alleged deprivation of Constitutional Rights on the part of the City of Buffalo, be compromised and settled. That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. Recommended by the Committee on Claims Chairman TAwp60\nmvordU - 27- 10daimsc.doc 0.9 l AVE *NO x FONTANA x A' RANCZ A K * GLLOIY BEK * �S HAYNES KEARNS k LOCURTH rr RIVERA x K RUSSELL * x x SIPlii'I`H Maj 0 5 ' 2/3- G X Sk iSC 3/4- - ! F1� ✓ CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERS ®N) Notices of Appointments- Temp /Prov /Perm Ccp# 36,1/19 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED F CI) Recommended by the Committee on Civil Service FINANCE (MICHAEL P. LEARNS, CHAIRPERS ®N) 0005 Permission to Engage Services of Consulting Engineer for the Residential Metering Program (Item No. 12, C.C.P., Jan. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without reconunendation. Mr. Kearns moved: That the Commissioner of Public Wor 1.'." arks and Stree e, and he hereby is authorized hire a consul t to provide g service or the ext phase of the metering pro ram for the Re 'dential Nefering Pro ram in amount n t to exceed $100,000.00, Funds6r this roject e available in ivision of Water a counts 53008207 4713001 nd 53023 '73020. se . Recommended by the Committee on Finance'1 Chairman TAB:rmv TAxvp60Vnsword\ mvWc 1 -19c rl 0- Mr. Kearns moved that the above item be recommitted to the Committee on Finance �s � 0005' - 0 Increase Contract Amount, 300 Manhattan Avenue, 602 Fourth Street, Increase and Extend Paradigm Asbestos Survey Contract and Asbestos Bulk Sampling and .TIMID Air and Project Monitoring Services (Item No. 25, C.C.P., San. 19, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved That the Acting Commissioner of Economic Development and Permit and Inspection Services be and he hereby is authorized to issue change orders to Titan Wrecking, an increase in the amount of $99,620.00, for the demolition of 300 Manhattan, Contract Number 93000199, to be funded from Account 31680006-445100; to Leiter Done Demolition, an increase in the amount of $219,142.00, for the demolition of 602 Fourth Street, Contract Number 93000207; to be funded from Account Number 38072706 - 445100; to Paradigm Environmental Services for Pre Demolition Asbestos Surveys, Contract Number 93000218, an increase in the amount of $547,950.00, to be funded from Account number 38072706 - 445100; to Paradigm Envirowne tal Services for Asbestos Bulk Sampling, Contract Number 93000246, an increase in the amount of $36,549.00, to - be funded from Account number 38072706 - 445100; to JMD Environmental Inc. for Project Monitoring Services, an increase amount of $375,000.00, to be funded from 38072706-445100, and as more fully described in the above communication. Passed. Recommended by the Committee on TAn:rmv TAwp6Mnu%vord1rnivWc1- 19c.doc /\ � * AYE *N®* * FONTANA * FRANCZVK * GOL®NIREK * HA"YNES � * KKEARNS * LOCURTO * RIVERA * RUSSELL x SMITH * 2/3- 6 3/4- 7 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) 0005G F ,f Lease ® 628 Washington Street -- Ciurczak and Company (Item No. 92, C,C.P., Jan. z9, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved. That the Mayor, the Chairman, Vice-Chairman, or any duty authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 628 Washington Street to Ciurczak and Company which is subject to approval of Agency Legal Counsel, Passed. Recommended by the Committee on Community Development Chairman TAB:mnv TAwp6ftnmardVmv',92c! -19c 1 * AYE *N®* FONTANA FRANCZYK COLOMBEK HAYNES KEA.RNS L®CURTO RI FRA x RUSSELL STET 2/3- 6 * LJ 3/4- 7 x * * * * * * * * 0 - 7 � Lease — 628 Washington Street b- Ciurczak and Company (BURR) (Item No. 30, C.C.P., Jan, 19, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved; hlrrtrco yej That the above - mentioned item be and the same is hereby d. Recommended by the Committee on Community Development W. ghah=n TAB— v TAwp6GVnsword\renvl3kI -I9c AYE NO FONTANA FRANCZYK * x G ®L®MBEK * * HAYNES � * LEARNS }S LGCURTG ik RIVERA RUSSELL * * x 7F SMITH Mai ® 5 $c Se k 2/3- G 3/4 7 00055 Perth to Designate Redeveloper MLK Block Club Assoc- 1628 pillmore (Mas)(Strat Plan) (C.C.P. #5, Jan 19, 20 10) That the above item be the same and hereby is Received and piled. ADOPTED Recommended by the Committee on Community Development �1* 00059 `? Report of Sale — 107 Burgard (Item No. 6, C.C.P., Tan. 19, 20 10) That the offer from Ms. Susan Holmes, residing at 95 Hazel Street, in the sum of Eight Hundred Dollars ($500.00) for the purchase of the northerly portion of 107 Burgard, 30' x 65', and the offer of Mr. Odell Holmes, residing at 63 Godfrey, in the sutra of Eight Hundred Dollars ($500.00) for the purchase of the southerly portion of 107 13urgard, 30' x 65', be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayer be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recotfff�e4ded by the Committee on Community Development - 4 4 Y TAwp60 mswo €dtnnvi6ct -14e tha:irman.__ AYE NO FONTANA FRANCZYK G ® HAYNES x ¢C KEARNS SQL //''''�1g� �'p�g� LOCURPO �f ' 1I T 1: R A RUSSELL 'IC SMITH 9� Maj - 5 2/3- 6 3/4- 7 00040 i� Report of Sale — 162 Maple (Item No. 7, C.C.P., Jan. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mrs. Patricia E. King, residing at 166 Maple Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 162 Maple Street, be and hereby is accepted; and That the transfer tax, recording feces and cost of legal description shall be paid by the purchaser, and That the Office of ,Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. Recommended by the Committee on Community Development Chairman TAB:rmv TAwp60\mswor&rmvl7c 1 -19c 4 * AYE *NO* FON'TANA FRANCZYK * * HAES * KEAHNS * LOCURTO * RIVERA * RUSSELL *.. * SMITH * * * * Majb5 2/3- 6 3/4- 7 '= r `1 Report of Sale -- 96 Oxford (I N 8, C.C.P., Jan. 19, 2010) That the offer from Mr. Glenn O. Reid, residing at 6363 Lake Avenue, Orchard Park, in the scan of Ten Thousand Dollars ($10,000.00) for the purchase of 96 Oxford, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sate upon which the offer was submitted. _, ,x Recommended by the Committee on Community Development M � y hairman TAR. v T Awp60'dmwor&rmv%c1 -19c CJ AYE NO x FONTANA FRANCZYK GOLOMBEK H[AYNES KEARNS x JLOGURTG - RVVERA RUSSELL SMITH Mai -5 � � x 2/3- 6 � 3/4- 7 LEGISLATION (JOSEPH G®LOMBEK JR., CHAIRPERSON) 1 Ellicott Street Gateway Project — Two Additional Potential Parcels (Item No. 11, C.C.P., Jan. 19, 2010) That the above item be, and the salve hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That e ommon Council is and passes t R solution as att ed to the above co uni tion, in order t auth �e the agree eats nd arrange eats necessary in order to include o parcels iii the Proj as follows: 1. Part o Property (Roswell � ark Center stitute Corporat on rt of tax i parceMo. 111.213-2- a d IT Part of Property ofHauptm — Mood and Medi �al Res rch In titute, Inc. (part o €tax pael 111.23 -2a 0) {� S That in order to f cilitate the Proj t an the related F TA fun ing as w as other f6nding ana to dually bid out and ' lement the mana meat and nstruct' n of the Prt'ject as exp n ed by the Two Additional Parcels. Any actual constru tion contractswill be brought to the Common Council (and BFSA as appropriate) a roval as the Project progresses. P ed. Recommended by the Committee on Legislation. 0 — hamn uI TA]3:rmv T :1wp601msword\rmv\I I cI - 19c.doc 5- " 0 �� ��� 003 Food Store License -- 2082 South Park (Item No. 23, C.C.P., Jan. 19, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Faiz A.lmuseki located at 2082 South Park d /b /a Nadeem's Grocery & Deli. Passed Recommended by the Committee on Legislation 9 � � ,PIS Chairman i TAB:nnv T:lwp6OVmwordhmv123e1- 19c.aoc * AYE *N®* * FONTANA * FRANCZYK G®LOMBEK HAYNES x * KEARNS * � * L ®CURT® * RVERA * . RUSSELL * SMITH * Maj - 5 2/3- 6 3/4- 7 0006 Restaurant Dancing Class IV — 45 W. Chippewa Street (Item No. 26, C.C.P., Jan. 19, 2010) 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 Christian Battaglia d/b /a 4 Play located at 45 Chippewa West. Passed. Recommended by the Committee on Legislation Chairman TAB:rmu t:\wp60'omwi)rd\nny\26cl - 19c.d©c 1 ;� AYE NO * FONTANA � * FRANCZYK * COLOMBEK x * HAYI ES * KEARNS * LOCURTO * RIVERA * � * RUSSELL * S * Maje5 213- 6 x *� 3/4- 7 0006 Used Car Dealer — 1525 William (Item No. 28, C.C.P., Jan, 19, 20 10) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Munadel Rizek d/bla Western Auto Sales located at 1525 William. Passed. Recommended by the Committee on Legislation C )"� Chairman TABrmv t:1wp60Ungwordlmivl2 8 c 1- 2 9a. doc � 3 x AYE * NO FONTANA iC FRANC * GOLOMBEK * 'f{ HAYNES * KEARNS LOCURTO * RI'VERA `Y. RUSSELL * * x SMITH M6aj ° 5 2/3-6 3/4- 7 x F 000 Food Store License — 535 Broadway (Item No. 35, C.C.P., Jan. 5, 20 10) (Item No, 69, C.C.P., Jan, 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. W Golombek 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 Okbah Hamood Alyafai located at 535 Broadway d/b /a Taste of the Town Takeout & Deli with the following conditions: 1. That no hand painted signs are to be displayed at the premises. 2. If there is objectionable graffiti on the premises, it must be removed within five (5) business days. 3. The exterior of the premises must be clean of all debris each morning upon opening. 4. That there be no excessive signage at the premises. Passed. f Recommended b the Committee on Legislation , Y g Chairman TAB:rtav TAwp6©\imwor& mvl35c1- 5c.doc I r C3 *AYE* NO * FONTANA * ERANCZYK * x HAYNES x p �-�T t� RNS LOC URTO RIV ERA zk RUSSELL Fr SMITH * Maj e 5 X 3r tv 2/3- 3/4- 7 tk #s 00 1 SEAR bead Agency Coordination Battaglia Transfer Station 1037 -1055 Seneca Street (Item No. 48, C.C.P., Jan. 5, 2010) (Item No. 71, C.C.P., Jan, 19, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the abo -men ' ed item be me is hereby re tted to the ittee on Le 'slation. Recommended by the Committee on Legislation Ch ' an t:iwp6O\tnmordl:rmnv148o! - 5reewtdo© 00465 P. Haberstro -Erie County Walkabifity Study (C.C.P. 44, .Tan 5) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation �r-r4 %P-M M. Kearns - Possible Street Name Change- Fuhrmann Blvd (C.C.P. 40, Nov 24) That the above item be the same and hereby is Received and Filed. ADOPTED Z Recommended by the Committee on Legislation _ ", " q E 00070 �� T. DeJesus, Petition to use 518 Niagara a/k/a 520 Niagara -- Alter Restaurant/bar to Permit Live Music & Dancing (Item No. 81, C.C.P., Sept. 1, 2009) (Item No. 46, 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 after the public hearing before the Committee on Legislation on September 8, 2009, the petition of T. DeJesus, owner, for permission to permit live music and dancing at a restaurant bar located at 518 Niagara a/k/a 520 Niagara be, and hereby is approved. Passed. Recommended by the Committee on Legislation _ 4 > Chairman TAB . rmv t VvP60Vnswor&rrnv181 O- lc.doc * AVE * NO * * FONTANA A y�7�cr� * x FRANCZYK. x y� aF G ®L®MBEK * * I AYNES KEARNS s4 LOCURTO x V ERA * RUSSELL SMITH * * * * Maj o 5 2/3- 6 3/4- 7 00071 J. Crewson, Agent, Use 191 Ganson St to Include a Concrete Crushing Plant (South)(hrg 612)( #67, 6/26)(#64, 6/9) (C.C.P. 96, June23) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation COMMITTEE OF THE WHOLE (DAVID A. FRANCZYK, CHAIRPERSON) W. Trezevant- Request Investigation Re Allegations Cep# 41,4/28 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 9,0 00073 Letter to Bd of Ethics -Req Review of Nevus Article Ccp# 5,9/22 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole g1 NM G. Pritchard - Resume for Ellicott District Councilmember Ccp# 45,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole )", D--,, X0®7 J. Smith- Resume for a Position Within the Council Offices Ccp# 51 ,11124 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole `� 3 000 D. Allen-Resume to Express interest in the Ellicott Council Seat Cep# 52,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole . yi 00077 M. Rodgers - Resume to Express Interest in Ellicott Council Seat Ccp# 53,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole S amm s N. Primerano- Resume to Express Interest in Ellicott Council Seat > ` Ccp# 54,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole B. McIntyre- Resume to Express Interest in Ellicott Council Seat Ccp# 55,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whale 9- ���1 F. Heimile- Resume to Express Interest in Ellicott Council Seat Ccp# 56,11124 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole -0 O�Q� W. Trezevant-Resume to Express Interest in Ellicott Council Seat Ccp# 57,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 00032, N. Ahmed- Resume to Express Interest in Ellicott Council Seat Ccp# 32,12108 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 3� D. Gilbert- Resume to Express Interest in Ellicott Council Seat Ccpfi 33,12108 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole M = i F. Leli-Resume to Express Interest in Ellicott Council Seat Cop# 34,12/08 Mr. F'ranczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 3a 00 y , J. Morales - Resume to Express Interest in Ellicott Council Seat Cep# 35,12108 Mr. Franezyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole D. Pridgen- Resume to Express Interest in Ellicott Council Seat Ccp# 36,12108 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole yo 0008 01 M. Weekes- Resume to Express Interest in Ellicott Council Seat Ccp# 37,12/08 Mr. Franczyk inoved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 7�`7 ®0085 C. Haynes, Jr. - Resume to Express Interest in Ellicott Council Seat Ccp# 38,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole 00039 =j B. Horton - Resume to Express Interest in Ellicott Council Seat Ccp## 39,12108 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole �� 1 T. Maclin - Resume to Express Interest in Ellicott Council Seat Ccp## 40,12108 Mr. Pranczyk moved That the above: item be the same and hereby is Received and Piled ADOPTED Recommended by the Committee of the Whole 3 b MM ' i 4 Reappointment of Commissioners — Pursuant to §54 of the City Garter r (Item No. 3, C.C.P., Dec. 22, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the reppointments of Luiy�i &:i r' o of Janet E. Penska, as Commissioner of Administration, Finance, Policy, and Urban Affairs and of Steven J. Stepniak, as Commissioner of Public Works, Parks and Streets, be they hereby are approved. Passed 0 (Y' e Recommended by the Committee of the Whole TAB:rmv TAAvp60Vnswor&miv\33e12- 22o.doc �J� * AYE *N ®x FONTANA FRANCZYK GGLGMBEK x HAYNES * � KEARNS L ®CURT® RIVERA RUSSELL SMITH x Maj m s 2/3- 6 3 /4- 7 1 * AYE " NO " x FONTANA * S FRANCZYK * GOL®MHEK * * �g p HAYNES * KEARNS * K g��j L®C RTO aC x x RI V ERA X RUSSE * SMITH M aj - S 213- 5 7C Ri 3/4- 7 0 FONTANA * * FRANCZYK * COLOMBEK * * X HAYNES * x KEARNS * * x * L®CURTO RIVERA * RUSSE * X X 9C SMITH 9�F * 2/3- / 5 3/ 4 - I 00002? Ellicott District Vacancy Ccp# 77,1105 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee of the Whole rll RESOLUTIONS February 2, 2010 00093 By: Mr. Fontana No. Appointment Marriage Officer Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire at the end of the year appointment. Dr. Curtis Haynes Jr. ADOPTED. i RESOLUTION Sponsor: Mr. Franczyk Re: Appointment to the Bicycle /Pedestrian Advisory Board Whereas: There currently exists at least one opening on the Bicycle /Pedestrian Advisory Board; and Whereas: Pursuant to § 6 -60 (Ai)vointment of members; terms of office) of the Code of the City of Buffalo, the Advisory Board shall consist of 15 members. There shall be I I voting members, appointed by the Buffalo Common Council and approved by the Mayor. At least five members shall be active cyclists, and at least four members shall be active pedestrians. One member shall be a member of the Disability Advisory Council. One member shall be an employee of the Department of Public Works. There shall also be four nonvoting members appointed by the Buffalo Common Council and approved by the Mayor and shall include one representative from each of the following departments: the Buffalo Common Council, the Buffalo Police Department, the Traffic Engineer and the Office of Strategic Planning; and Whereas: Mr. Richard L, Taczkowski resides within the City of Buffalo at 205 Marine Drive, Apartment 11G, Buffalo, NY 14202, 716- 854 -3479 and has a wide range of experience working in, and with, governments locally; and Whereas: Richard L. Taczkowski is pcdestrian, and his appointment to the Bicycle /Pedestrian Advisory Board would be beneficial to the City of Buffalo; and Now, Therefore, Be It Resolved: That, effective immediately, Richard L. Taczkowski is hereby appointed by the Common Council of the City of Buffalo to serve as a voting member on the Bicycle /Pedestrian Advisory Board. David A. FranMk Common Council President Fillmore District Council Member �F - VY * AYE *N®* * FONTANA x * FRANGZYK * * x * GGLGMREK * * HA.YNES * KEARNS * LGGURT® * RIYERA * RUSSELL, * SMITH * * * * Maj ® 5 2/3- M6y 3/ 4 " I By: Mr. Golombek Re: Discharge Legislation Committee Item #21 C.G.P. January 19, 2010 "Food Store License (New) 302 Grant (Nia)(EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #21 C.C.P. January 19, 2010 "Food Store License (New) 302 Grant (Nia)(EDPI)" and said item is now before the Common Council for its consideration. Josep Golombek, Jr. To: The Common Council: Date; January 14, 2010 JAN 1 9 2010 From: Department of Economic Devel D ent. Peer it & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 302 Grant (Niagara) Tvpe in Upner and [: I Lower Case Only [: Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tvpe Sinale Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 302 Grant (Grant & Delavan Family Market) and End that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: DEPUTY COMMISSIONER Signature of Department Head: �M�, Jc :Ps:r v i g �3 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 FITZGERAL 3 APPLICATION FOR: GRANT AND DELAVAN FAMILY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 302 GRANT BUSINESS PHONE: (716_) 883 -3233 COUNCIL DISTRICT: NI POLICE DISTRICT: 05 APPLICANT NAME: NAGIB FADEL APPL. PHONE: (716) 883 -3233 APPLICATION NUMBER: 556342 REFERRAL DATE: 10/22/2009 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALL BACK DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** r REMARKS: INSPECTOR ...... ... RM# EXT� AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2rp! CITY OF BUFFALO OFFICE OF LICENSES 313 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT. FIRE PREVENTION REFERRER TO: LT. POCZKALSK.I APPLICATION FOR: GRANT AND DELAVAN FAMILY MARKET LICENSE TYPE- FOOD STORE NEW LICENSE 2010 BUSINESS ADDRESS: 3 02 GRANT BUSINESS PHONE: (716) 883 -3233 COUNCIL DISTRICT: NI POLICE DISTRICT: 05 APPLICANT NAME: NAGIH FADEL APPL. PHONE: (715) 883 -3233 APPLICATION NUMBER: 556342 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PR ®VETO DATE: DISAPPROVED DATE:. (DISAPPROVAL DATE: CALLBACK __... ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REhIARlKS: INSPECTOR RM# EXT r J .t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF TIME OFFICE OF LICENSES. THANK YOU. App8102.1-pr i CITY OF BUFFALO" OFFICE OF LICENSES V Y V 313 CITY HALL BUFFALO, NEW YORE` 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FIT.ZGERALD APPLICATION FOR: GRANT AND DELAVAN FAMILY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 302 GRANT BUSINESS PHONE: (716) 883 -3233 COUNCIL DISTRICT: NI POLICE DISTRICT: 05 APPLICANT NAME: NAGIB FADEL APPL. PHONE: (716) 883 -3233 APPLICATION NUMBER: 556342 REFERRAL DATE: 10/22/2009 DISAPPROVAL REASON: NEW LICENSE 201€3 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DISAPPROVED DISAPPROVAL CALLBACK DATE: o ~- I G DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW * ** REMARKS: INSPECTOR RM# D EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK 'YOU. AppSlfpZrpt 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: GRANT AND DELAVAN FAMILY MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 302 GRANT BUSINESS PHONE: (716) 883 °3233 COUNCIL DISTRICT: NI POLICE DISTRICT: 05 APPLICANT NAME: NAGiB FADFL APPL. PHONE: (715) 883 -3233 APPLICATION NUMBER: 556342 REFERRAL DATE: 10/22/2009 DISAPPROVAL REAS (TO HE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DISTRICT CAPTAIN: APPROVED DISAPPROVED :3 DATE: DATE: A,2 DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW � ** REMARKS: COMM. OF POLICE: � N C:Oil�1113 5 ] C o ner AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL, TO THE OFFICE OF LICENSES. THANK YOU. NEW LICENSE 2410 AppsloI rpt CITY OF BUFFALO OFFICE OF LICENSES 313 CITY HALL BUFFALO, NEW YORK 14202j' INSPECTION /APPROVAL REQUEST AGENCY f DEPARTMENT. COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR. GRANT AND DELAVAN FAMILY MARKET LICENSE TYPE: FOOD S'T'ORE NEW LICENSE 2010 BUSINESS ADDRESS: 302 GRANT BUSINESS PHONE: (716) 883 -3233 COUNCIL DISTRICT: NI POLICE DISTRICT: 45 APPLICANT NAME: NAGIB FADEL APPL. PHONE: (716) 883-3233 APPLICATION NUMBER: 556342 REFERRAL DATE: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT DEFERRED TO) L AP PROVEIB IRATE: (DISAPPROVED IRATE: DISAPPROVAL DATE: CALL, BACK ** *REASON FOR DISAPPROVAL AE U ST BE STATED BELOW * ** REMARKS: INSPECTOR .. RM# EST AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appstrp2..pr Type of Entity. *Sole Proprietor. ® Corporation Bakery/Confectioner Caterer Date ' 20 I Borne Phone L AU.- 3 , 4 N213 City State . Z1P Co- Applicant Name Co Applicant Address Corporation Name Business Naive usinessAddress City State ZIP Number and Street Date Incorporated Date - Business Certificate State Tai ID # Fns U . Mailing Address ' (if different from business) Number and Street Number of employees (Baker /confectioner only) Restaurant .0 -200 seats.... $ 174.00 201-400 seats.... $250.00 400+- seats.... $350.00 Restaurant Takeout ....:................. S 88.00 Catering...,.. ........ ....... ................ $ 88,00 X115. Food Store ......................... ...... .... Meat, Fish & Poultry (2 yrs) .......... 150.00 Baker/ o -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 fl Partnership ® Limited Liability ©mpany City State ZE' Applicant Signature Print Name scribed and sworn to before me this 3 j _ day of _ 20 67 c ' and for the CpliSioner f eed5 to City of Baffalo, New Park 6002 E Z 130 Mr. Fontana moved: That the above communication be discharged from the Committee on Legislation; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food More License to Nagib Fadel located at 302 Grant d/b /a Grant & Delavan Family Market with the following conditions: I . That store hours should be: Sunday- Thursday close at 11:00 pm on Friday and Saturday the store should close at 1:00 am. 2. The store hours are conditional for one (1) year and may be changed by the Common Council. 3. That there be no loitering allowed on the store premises. 4. That there be no signage or other obstructions to be blocking windows or doors on the store premises. S. That the property must be kept free of litter and trash. Passed t / 3 V f TAB :rn1v T;1wp6O\mswordVmvV1 c1- 19c.doc AYE x NO FONTANA FRANCZYK * GOLOMBEK * HAYNES KEARNS LOCURTO RIVERA RUSSELL SMITH Maj - 5 2/3- 6 3/4- 7 By: Mr. Golombek Re: Discharge Legislation Committee Item #27 C.C.P. January 19, 2010 "Used Car Realer- 1531 Niagara St (Nia)(EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #27 C.C.P. January 19, 2010 "Used Car Dealer- 1531 Niagara St (Nia)(EDPI)" and said item is now before the Common Council for its consideration. Joseph olombek, Jr. 6 0 11 -� #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: January 11, 2010 From: Department of Economic Development, Permit & >rnspection Services Division: Office of Licenses• Subject: [: Used Car dealer [: 1531 Niagara St. (Niagara) Tvne in Uuuer and [: 1 Lower Case Only Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Tvne Sinale Snace Below): Pursuant to Chapter 2S4 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1531 Niagara St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Robert Black & Adnan Aljaburi. The attached thereto for Robert Black & Adnan Aljaburi dba/ Mr, Fixit Auto. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Tvne Title: DUTY COMMISSIONER Signature of Department head: JC:PS:jad q u o( / Date: January 11, 2010 TO: James Comerford, Deputy Commissioner Front.- Patrick Sole Jr., Director of Permits & Inspection Services RED Common Council Communication Used Car Dealer at 1531 Niagara. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for a Used Car realer Licenses application to the Common Council: Zoning Office ', Fire Prevention Q/ Building Inspection Police Department ' Police Record Check Application_ f : Director Permit & Inspection Services Tate 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: MR FIXIT AUTO LICENSE TYPE: USED CAR DEALER NEW LICENSE 2010 BUSINESS ADDRESS: 1531 NIAGARA BUSINESS PHONE: (716) 444 -8705 COUNCIL DISTRICT; NI POLICE DISTRICT: 00 APPLICANT NAME: ROBERT BLACK APPL. PHONE: (716) 4445705 APPLICATION NUMBER: 555643 REFERRAL DATE: 12/07/2009 REMARKS: PARTNER: ADNAN AL]ABURI DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEIUCLES ALLOWED DATE: A PROVED". y F ROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: l INSPECTOR RM# EXT r AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsnpz.rp 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: MR FIXIT AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1531 NIAGARA (716) 444 -8705 NI 00 ROBERT BLACK (716) 444 -8705 556643 12/07/2409 ' • ' ' :: Ili ._� •� : _ :_: �J DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED DATE: 1 7 - - 1 / DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL IUST BE STATED BELOW - k ** REMARKS: INSPECTOR G LY1 RM# 3 - 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 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR. MR FIXIT AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: 1531 NIAGARA (716) 444 -8705 NI 00 ROBERT BLACK (716) 444 -8705 556643 12/07/2009 REMARKS: PARTNER: ADNAN AL.IABURI DISAPPROVAL REASON: NEW LICENSE 2010 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPREE DATE: ! 2 2` DIS 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. 4ppSlip2.,pf l T �J 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: MR EIXIT AUTO LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 1531 NIAGARA BUSINESS PHONE: (716) 444 -8705 COUNCIL DISTRICT: N1 POLICE DISTRI 00 APPLICANT NAME: ROBERT BLACK APPL. PHONE: (716) 4448705 APPLICATION NUMBER: 556643 REFERRAL DATE: 12/07/2009 REMARKS: PARTNER: ADNAN AWABURIL DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE :�"'� �f 4 NEW LICENSE 2010 DISAPPROVED DATE: REMARKS: c r DISTRICT CAPTAIN: ✓ APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROV U S LOW *x REMARKS: �4s3.Qner COMM. OF POLICE: AFTER INSPECTI€ ' PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU AppShp2.rpf P -1470 (REV. 9/05) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 `7 My 0O E f kIK There is a $ 10.00 fete 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 OF APPLICANT; /MAIDEN NAME SEA: Yt'1•.A( -Q RACE W t-i' 4-- - e- CURRENT ADDRESS: i K d .4 BATE OF BIRTH:--L3 _ TsQ 0 Ak (/ SOCIAL SECURITY # ®_ REASON FOR REQUEST SIGNATURE OF APPLICANT`' DATE //' 6 r2eo q COUNTY OF ERIE ) SS. CITY OF BUFFALO } On the ( 17 day f �1 V�Y '� c y ) - - - - . • 20�, before me personally appeared to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution thereof Notary Public / Commissibner of Deeds TO BE COMPLE'T'ED BY IDENTIFICATION SECTION PERSONI 'ELY* *rte* * ** *- *** ***** RECORD ATTACHED VERIFIED BY: I -' Lij NO RECORD O N FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED. P-147C (REV. 9/08) TO BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo , New York 14202 �\'? ?H9 I'M m 6 AN 9 = 1 9. 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 IM.AIDEN NAME, .�3�+ /'3t7V1"E .0 V.4E � E'• �iJ L` �.7 i /i.l,C � !�j„/`�t. 137J•.u! - - - SIGNATURE OF APPLICANT DATE_ STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) Can the (,:, clay of { 1 U V - - - -,- , 20 f."" , before me personally appeared ( �k P—. \ , to me known to be the same person described in, and who ti 1\ � �U� [- executed the foregoing instrument and acknowledged the execution thereof. Notary Public I Commissioner of Deeds * T ** * * ** TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNELY� * *��''`re * *"' RECORD ATTACHED t VERIFIED BY: s NO 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. NOT VALID UNTIL STAMPED. KENMORE PD CRIMINAL BACKGROUND REPORT E DATE OF INQUIRY: 1110612009 09:48:11 RE: RESPONSE TO REQUEST FOR BACKGROUND REVIEW TO DETERMINE IF CRIMINAL RECORD INFORMATION IS CONTAINED IN THE CENTRAL POLICE SERVICES ARREST BOOKING /HISTORY SYSTEM, NAME: ALJABURI, ADNAN E DATE OF BIRTH: 21111976 RACE: SEX: M ADDRESS:21 CHANDLER ST BUFFALO, NY 14207 BUFFALO, NY 14207 SOCIAL SECURITY #: PCN: 10002150 NYSID: BOOKING /ALIAS NAMES: ALJABURI, ADMAN E WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM ADNAN E ALJABURI. THE KENMORE POLICE DEPARTMENT CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THE SAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION RECEIVED FROM THE KENMORE POLICE DEPARTMENT WITHIN ERIE COUNTY. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. FILES OLDER THAN 30 YEARS HAVE BEEN PURGED, ARREST DATE �`l! CHARGE 1 210212001 VTL 0306 B VTL 0319 01 VTL 0375 018 REFERENCING AGENCY DISPOSITION KENMORE PO LICE DEPT DISM DISM 1201- AIFINE NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 OCERTIFIC OF • STATE O F NM YOR ERIE COUNTY KENK VIL LAGE CO Me PEOPLE OF THE STATE OF NEW YORK vs. ADNAN E ALJABURT; Defendant CASE NO: 01120019 Date of Birth: 02/01/1976 Ticket Date: 12/02/2001 Disposition Date: 01/08/2002 Section Section Ticket No & Chimed Disposed Description Disposition Fine Civil -Fee Surchg VTL VTL LN814204 6 375.1 1201 a Perkins Fine 20.00 0.00 0.00 VTL VTL LN814202 4 319.1 399.1 No Insurance Dismissed 0.00 0.00 0.00 VTL VTL LN814201 3 306b 306b Dninsoected MN Dismissed 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, 1 certify that the above -named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 6th day of November 2009 S/ Hon. Scott F. Riordan NOTE: A copy of the request will be filed with this certificate in the case records. CAUTION: This information must not be divulged if the case is sealed or where the defendant has been adjudicated a youthful offender. copies: Court, _ Defendant, Agency, DA BYOON W. BROWN Mayor NOY Date --20 BRIAN RBILLX " Commissioner APPLICATION MUST BE COMPLETED IN 11[�� • :•�� °,,. �" PHOTO ID REQUIRED AT'T`IRE OF APPOCATTON NO FXCEPT ONS Ck A J S COMERFORD, Jr. eputy Commissioner (PLEASE CREi;K RS1 APpI� r - = 51>� SECOND HAND DEALER $118.00 SCXU%r PROCESSOR S7$.7S - �AMARKET (NO.OF VENDORS -, I -10 Tables $78.75 1125 Tables $105.00 20 tables $210 D GAItAC#E SALE $10.50 It clay WHOLESALE RJNK (XNK YARD) $262.50 APPLICANT NAM PRONE NO. �� ROME ADDRESS (NO., STREEI� (CM,TOWN,ORVILLAGE) (ST'A'TE) (2V) APPLICANT DIOAR PLACE OF BIRTH ' f US CITXNS (NO) CO APPLICANT. NAME f t • PRONE 140. ' t 7 7 CO APPLICANT ADDRESS <1 (STATE) « S!"RE� (CIT T(,TOWN, OR s�LLAGE} �) CORPORATION NAND_ IIUSEMS NAME ' DATE INCORPORATED YHONIE NO. ?�+i� f / Z. Bcrsil� ADD ss :3 (N ©., STJEtE (CPPY, TOWN OR v�I.LA6E) (ff ) (�') STATE TAX ID NUMBE1i...." Applicant Signature �w fore m ♦ e y this s f C'0}�(J$S7f77l.Cr4�gBds7PI$Pt�f the (y of Buffalo, (New York 1 O REFUND Adl trf,.a AS.C ATIO.IY .F ZIi ' Office of Licenses 55 NIAGARA SQUARE / 313 CITY II JJ. BUFFALO, NY 14202-3303 (716) 851 -4078 / FAX- (716) B51 -4972 Mr. Fontana moved: That the above communication be discharged from the Committee on Legislation; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Robert Black and Adnan Aljaburi d /b /a Mr. Fixit Auto located at 1531 Niagara Street with the condition that there is a ten (10) car limit on the premises. Passed. TAB:,rinv TAwp6MmswordVmvt27c1- 19c.doc J� AVE " NO % F ONTANA % ERANCZ'YK % % G ®L®MBEK x % x HAYNES KE ARNS )f L®CURT® RIVERA � RUSSELL % SMITH % Maj a 5 2/3- 6 314- 7 { By: Mr. Golombek SUBJECT: billing Common Council Vacancies Via Special Election Whereas: The current charter of the City of Buffalo calls for any vacancies on the Buffalo Common Council to be filled by an appointment chosen by the current members of the Common Council, and Whereas: The process calls for a replacement that is of the same political party as the previous councilmember, and Whereas: The process of appointing a candidate for the vacant Ellicott District Council seat in January of 2010 took up many hours of the Common Council's time; time which could have been better used serving the citizens of each individual councilmember's district, and Whereas: The members of the Ellicott District Democratic Committee made a recommendation to the Common Council that they felt was rejected by the Council for political purposes, and Whereas: The non- politically connected voter in the Ellicott District had no say in which candidate they felt would best represent their interests, and Whereas: Every person, regardless of party affiliation, should be allowed to vote a candidate to office rather than have a candidate appointed to fill a vacancy, and Whereas: A special, non - partisan election would take the appointment process out of the hands of individuals that do not live in the district. Now, Therefore, Be It Resolved: That the Common Council calls on the city's Law Department to determine the process of changing the City Charter to allow the Mayor of Buffalo to call for a special non - partisan election within Ninety days of any Common Council vacancies. �V By: Mr. Haynes Hang Banner for Mardi Gras Celebration Whereas: Mardi Gras Translated to "Fat Tuesday," historically represented the last opportunity for merrymaking and indulgence in food and drink before the solemn season of fasting; and Whereas: Mardi Gras carnivals traditionally include spectacular parades, masked balls, mocked ceremonies and street dancing; and Whereas: The most popular and well known Mardi Gras Carnival in the United States is held annually in New Orleans; and Whereas: For more than ten years, Buffalo has held its own Mardi Gras Celebration in downtown Buffalo. Cooler and snowier than New Orleans, the Buffalo celebration participation continues to grow; and Whereas: Once again, the annual Buffalo Mardi Gras parade is being held on Fat Tuesday, February 16, 2010, on prominent Chippewa Strip; and Whereas: Universal Liquors is requesting permission from the City of Buffalo to place three signs across Chippewa announcing Mardi Gras; and Whereas: Universal Liquors wishes to place the signs across Chippewa between Elmwood and Delaware, Delaware and Franklin, Franklin and Pearl; and Whereas: The banners to be hung measure approximately thirty feet and will be hung from February 10- February 18, 2010. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby approve the placement of three banners across Chippewa Street between the dates of February 10 - February 18, 2010, for the purpose of advertising annual Mardi Gras festivities in Buffalo; and Be It Finally Resolved: That this honorable Body does hereby approve the request for banners by Universal Liquors with the condition that all City of Buffalo regulations as they pertain to the hanging of banners be met. Dr. Curtis Haynes Jr. Ellicott District Councilmen er { 00099 � } Resolution Sponsors: Haynes, LoCurto, Rivera RE: The creation of a Date Grimes Task Farce Whereas: The FBI's annual report on hate crimes showed that crimes against Lesbian, Gay, Bisexual, and Transgender (LGBT) rose more than any group; and Whereas: The National Coalition of Anti - Violence Programs reports that hate crimes are grossly underreported by policing organizations; and Whereas: Lindsay Harmon was attacked on January 1 by an assailant who viciously stabbed her while hurling homophobic insults; and Whereas: Violence against LGBT people contributes to a climate of fear, a climate that says crimes targeting LGBT people will not be prosecuted as hate crimes. Whereas: The mission of The Commission on Citizens' Rights of the City of Buffalo is "to strive to eliminate prejudice, intolerance, bigotry, and discrimination to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, Ianguage, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age; and to assure respect for the civil liberties of all citizens "; and Whereas: That commission is unable to fully carry out that mission because only six of eleven members have been appointed and funding has been removed for a Community Relations Advocate to investigate allegations of citizens' rights abuse. Now, Therefore Be It Resolved: That a Hate Crime Task Force be established with representatives of the Police, the District Attorney's office, and members of affected communities with a goal of making City Government and Lave Enforcement agencies aware of issues specific to those communities; and Be It Further Resolved: That the Common Council appoint members to this task force; and Be It Further Resolved: That the Buffalo Police track hate crimes and make an annual report on such crimes to the common council; and Be It Further Resolved: That the mayor make appointments to the Commission on Citizens' Rights so that the commission has eleven members; and Be It Further Resolved: That adequate funds be budgeted for a Community Relations Advocate at the Commission on Citizens' Rights; and Finally, Be It Resolved: That a copy of this resolution be sent to Acting Police Commissioner Daniel Derenda and District Attorney Frank Sedita III. &I CURTIS HA MICH A J LoCURTO D�VID A RIVERA a/ ADOPT 1,2,4, - RES THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONE OF POLICE RESOLUTION Sponsor: Michael P. Kearns Re: AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE OF 100% OF FEDERAL AID- ELIGBLE COSTS, OF A TRANSPORTATION FEDERAL -AID EMERGENCY RELIEF PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL -AID ELIGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, A project, the City of Buffalo Emergency Highway Repair Project.• Debi -is removal resulting f orn the Buffalo, NYSnon3 Storer on October 12, 2006; (FHWA Event No. NY- 06 -02); Pin 5ero.63 ( "the Project "), is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% Non-Federal funds (work completed within 180days of the Emergency Event); and WHEREAS, The City of Buffalo has advanced the Project by committing City Funds, Forces and Equipment to implement the Construction phase (Emergency 1= lighway Maintenance Work) of the project thereof; and WHEREAS, That the surn of $463,929 has previously been appropriated for City Resources (Labor chi Equipment) and Contractual Services pursuant to the City of Buffalo's Department of Public Works 2006 Operating Budget, and made available to cover the cost of participation in the above phase of the Project. NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Buffalo, duly convened, does hereby approve the Project; and BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo hereby authorized the City of Buffalo to pay in the first instance 100% of the Federal and Non - Federal (if any) shares of the cost of the Construction phase of the Project or portions thereof; and BE IT FURTHER RESOLVED, That in the event that the full federal and Non - Federal shares costs of the Project exceed the amount appropriated, the City of Buffalo shall convene a ineeting of the Common Council as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and BE IT FURTHER RESOLVED, That the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary agreements, certifications, or reimbursement requests for Federal Aid on behalf of the City for Buffalo with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of Federal - Aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and BE IT FURTHER RESOLVED, That a certified copy of this Resolution be fled with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project; and BE IT FINALLY RESOLVED, That this Resolution shall take effect immediately. $ rr ten` 9" U 9 A �3J m -3 Michael P. Kearns z. South District Council Member A � OPT 00101 By: Messrs. Rivera and LoCurto Re: Ordinance Amendment Part 1, Chanter 35, Article IX, Section 3538, Domestic Partnership Benefits The Common Council of the City of Buffalo does hereby ordain: as follows: That Chapter 35 -38 be added to Part 1, Chapter 35, Article IX of the Code of the City of Buffalo to read as follows: 05 -38 City Emolovee Domestic Partnership Benefits A. A domestic Partner, duly registered in accordance with Chanter 160 of Part 2 of this Code, of any City emplo shall be treated as the spouse of the City employee for the purposes of health benefits provided by the City to said City emnlovee and elip-ible members of their families. pursuant to stipulation or collective bargainins4 agreement, for as long as said domestic partnership is so registered. This ordinance shall take effect sixty (60) days after it is finally adopted pursuant to City Charter §3 -19. APPROVED AS TO FORM Asst. CdrTporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. RE E R�, O HIE COMMITTE E N E. '4- ZI By: Messrs. Rivera and LoCurto 0 Re: Ordinance Amendment Part 2,Cha vter 160, Domestic Partnership Regig The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 160 be added, including Subsections 160-1 through 160 -6 of the Code of the City of Buffalo to read as follows: § 160-1. Leaislative Intent A. It is the intention of the Common Council of the City of Buffalo to establish a mechanism by which those who choose not to or are legally prohibited from marrying can express and document their commitment to each other as "domestic partners." The Common Council deems it is appropriate and fair that certain societal benefits and privileges now accorded to those who are in a legally recognized partnership be available to be domestic partners. B. This legislation is intended to define the term "domestic Partnership" and establish a re ist for residents wishing- to acknowledge said relationships. 160 -2. Reauirements A. A domestic partnership shall exist between two persons, who execute and file with the City Clerk of the City of Buffalo a statement of domestic partnership in which each individual as to him or herself declares, under penalties of W r�u 1. The individuals are at least eighteen (18) years of aae. 2. The individuals are competent to enter into a contract. 3. The individuals are not married in any jurisdiction. ij C , 1 4. The individuals are committed to the physical, emotional and financial care and support of each other. S. 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 partnership, or its equivalent in this or anv 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 - cinder the laws of the State of New York, B. A statement of domestic partnership shall be executed before the City Clerk or his authorized designee by both individuals under oath and penalty of periury as to each of its declarations and shall be subscribed by the Clerk or his designee. The City Clerk may require documentary evidence or testimony under oath in support of one or more of the declarations. pursuant to regulations rp omul gated. by the City C. A statement of domestic partnership shall be executed on a form vrovided 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 Fa 1 Clerk and shall be voided by the Citv Clerk. provided, however, that the Citv 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 Promulg by the City Clerk in consultation with legal counsel. 160-3 Termination of Domestic Partnership A. Either individual in a domestic Partnership may terminate the domestic oartnershi by executing and filing with the Citv Clerk a termination of domestic nartnershio 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 fling of the termination of domestic vartnership. B. A termination of domestic nartnershiu shall be executed before the City Clerk or a designee under oath and penalt of veriury as to each of its declarations and shall be subscribed by the Clerk or his designee. The City Clerk may req uire documentary evidence or testimony under oath in support of one or more of the declarations, pursuant to regulations promulgated by the City Clerk in consultation with legal counsel. C. A termination of domestic nartnership shall be executed on a form provided by the City Clerk and shall be effective as of the date of it's filing_ D. A termination 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 3 A �. i 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 individuals who executed it notice of the alleged false or fraudulent declaration and an mmortunity to exPlain or rebut the allegations, pursuant to regulation promulgated by the City Clerk in consultation with lei counsel. E. A domestic partnership shall terminate. and be deemed null and void, in the event of the marriage or death of either partner or the application for another domestic partnership by either partner. 160.4 Fees A. The City Clerk shall charge a non- refundable fee of forty dollars ($40.00) for the filing of a statement of domestic partnership or a termination of domestic partnership. The City Clerk shall charge a non-refundable fee of fortv dollars ($40.00) for providing an additional certified My of either document. 160 -5 Records A. The City Clerk shall maintain a log of statement of name of each individual and date of filin in a format designed to facilitate access to such statements. The log shall be a public record taursuant 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 privacv exempt from disclosure under such law. 160 -6 Confidentiality A. The City Clerk shall ensure the confidentiality of information contained in the registry. In the course of ordinary business, such information shall be released as follows: 1. To one or both parties to the domestic partnership. al 2. To an individual presenting written authorization from one or both of the parties to the domestic partnership. I In accordance with an order of a court of comoetent jurisdiction or a so-ordered subnocna. This ordinance shall take effect thirty (30) days after it is finally adopted pursuant to City Charter §3-19. APPROVED AS TO FORM Asst "Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REHERRED THE: - ) MMITTEE MIX- I 3 - CC ON LEGISLATION. 5 RESOLUTION Sponsor: David A. Rivera Subject: Proposed Closing of the Waterfront Health Care Center WHEREAS: The Waterfront Health Care Facility, located at 200 Seventh Street in Buffalo, New York, is a skilled nursing facility that is home to 160 residents on Buffalo's West side; and WHEREAS: Kaleida Health has submitted an application to the New York State Department of Health ( "NYS DOH") seeking approval to close the Waterfront Health Care Facility, citing severe cutbacks in New York State Medicaid funding. The approval of this plan would displace residents and result in the loss of 200 jobs from this facility alone; and WHEREAS: In recent years, several nursing facilities in the City of Buffalo have closed due to financial duress including the Episcopal Church Home, Nazareth Nursing Horne, Grace Manor Nursing Home and, most recently, St. Francis of Buffalo Nursing Facility. These facilities, which were primarily funded through the New York State Medicaid program, suffered severe cutbacks which resulted in the displacement of hundreds of residents and the loss of 1,038 jobs in the City of Buffalo; and WHEREAS: Protecting long -term skilled nursing care in the City of Buffalo is crucial to the health and well -being of city residents and 737 beds would be lost if the Waterfront Health Care Facility closes; and WHEREAS: The closure of Waterfront Health Care Facility would severely limit the availability of skilled nursing care for sick and elderly city residents on the West Side of Buffalo whose very lives depend on these services; and NOW, THEREFORE BE IT RESLOVED: That the Common Council values the Waterfront Health Care Facility and is vehemently opposed to its closing, and applauds the efforts of The United Healthcare Workers East ( 1199 SEIU) and the Leadership of the Waterfront Health Care Facility for their continuing efforts to find a creative solution to this critically important issue to the West Side community; and BE IT FINALLY RESOLVED: That the Common Council directs that copies of this resolution be forwarded to the leadership of the Waterfront Health Care Facility, Kaleida Health, NYS DOH, and the City administration, and asks that these groups work closely together to find a creative solution to this issue which will preserve the availability of skilled nursing care for sick and elderly residents of the West Side of Buffalo. { David A. Rivera Niagara District Councilmember RESOLUTION eA Sponsor: David A. Rivera Re: WAIVE CONSTRUCTION !FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES FOR PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. WHEREAS, People United for Sustainable Housing (PUSH) has an excellent reputation and track record as not -for- profit organization that advances an anti - poverty agenda and provides affordable, high- quality housing for Buffalo residents; and WHEREAS, PUSH members advocate on the local, state, and national levels for comprehensive reform of housing policy and people - centered economic policies; and WHEREAS, PUSH offers cooperative living arrangements for its tenants at 456 Massachusetts Ave. and 129 Chenango St., both of which were rehabbed by PUSH and its neighborhood -based construction teams; and WHEREAS, additional housing rehabilitation efforts are underway at 397 Massachusetts, 398 Massachusetts Avenue, 460 Massachusetts Avenue, 10 Winter Street and 16 Winter Street; and WHEREAS, PUSH and its members continue to strengthen the City's West Side and create additional property tax revenue through development of high - quality rental opportunities and new homeownership opportunities; and WHEREAS, this honorable body has before granted waivers of construction permit and license fees for non - profit organizations; and WHEREAS, by waiving fees for PUSH, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; NOW 'THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Economic Development, Permits and Inspection Services waive all construction permit fees for People United for Sustainable Housing and its related non - profit corporation Buffalo Neighborhood Stabilization Company for the 2010 calendaryear; and BE IT FURTHER RESOLVED, That the City Clerk is directed to send certified copies of this resolution to the Commissioner of Economic Development, Permit & Inspections Services; Steve Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Aaron Bartley, Executive Director of PUSH Buffalo, 271 Grant Street, Buffalo NY 14213. David A. Rivera Common Council President Pro Tepore Niagara District Councilmember l * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * HAYNES * KEARNS � x L®CURT® RI'VERA * x * RUSSELL x SMITH * sB x * Maj - 5 2/3- 6 * ** 0* 3/ 4- 7 * * x 00.05 t F i By: Mrs. Russell ' Re: Ordinance Amendment Cha pter 264. Rental D- welling Unit Registration The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 264, Section 264-11 of the Code of the City of Buffalo be amended to read as follows: 264 -111. Duties of Certificate Holders Every holder of a rental dwelling unit registration certificate shall: A. Conspicuously post the certificate in a protected mounting in the public corridor, hallway or lobby of the building for which the certificate was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. In the alternative to such posting, the license shall be produced by the owner at the request of a tenant, a prospective tenant or upon demand of the Commissioner. B. Conform with all other applicable state, county and City laws and ordinances on :matters not specifically addressed in this chapter. C. The rental agreement or lease for a dwelling unit regulated under this chapter must include a disclosure of the smoking policy for the premises on -which the dwelling is located. The disclosure must state whether smoking is prohibited on the remises. allowed on the entire premises or allowed in limited areas on the premises. If the smokin policy allows smoking in limited areas on the premises. the disclosure must identify the areas on the premises where smoking is allowed. TH2E COMMITTEE ON LEUSLAT10K APPROVED AS TO FORM /4 1 Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. i `- 149 Resolution By: Demone Smith RE: Licensing of Retailers That Sell Tobacco Products Whereas: Smoking is the leading preventable cause of death in our community; and Whereas: Each year tobacco use kills more than 25,000 New Yorkers; and each year another 21,000 children start to smoke in New York State; and Whereas: Studies have shown that most smokers begin smoking before they have reached the age of 18 and those persons who reach the age of 18 without having started smoking are significantly less likely to begin smoking; and Whereas: Persons under the age of 18 years can often purchase or otherwise obtain access to tobacco and tobacco products from retail outlets in the City; and Whereas: Tobacco use rates are actually higher in the City of Buffalo, in part because of the predatory marketing practices of the tobacco industry; and Whereas: Smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; and Whereas: No other consumer product has such a devastating impact on the health of a community as tobacco; and Whereas: Licensing of retailers selling tobacco would allow the City of Buffalo to hold the owner of a retail store accountable for the unlawful sale of tobacco to minors or for any other violation of local, state or federal tobacco control laws; and Whereas: New York City and Boston have already banned the selling of blunts and tobacco at pharmacies; and Whereas: Locally, Wegmans, Dash's, Budweys and a variety of pharmacies have ended the selling of tobacco in their retail centers; Now Therefore Be It Resolved: That the Department of Law draft an ordinance that would require all retailers of tobacco and tobacco products obtain a nontransferable license, and pay an annual fee which would cover the city expenses for implementation, administration, monitoring and enforcement; and -f Now Therefore Be It Further Resolved: That the ordinance contain language requiring all outlets selling tobacco products to post visible health warnings and information about cessation services at the point of sale, that all tobacco advertising be black lettering on white paper, that tobacco products not be advertised or visibly displayed outside of the store and that no licenses shall be issued to mobile vendors; and Now Therefore Be It Further :resolved: That stiff fines be placed on retailers that violate the ordinance and that a provision for revocation of a tobacco sales license be included in the ordinance. Demone Smith REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL 00107 BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo ® Ashley Glichowski Curtis Haynes, Jr. 0 Todd McAlister * Jerome Wszalek ® Amy Di Joseph ® Aedrielle Tard s Vianne Uthman o Jessica Zafirakis TOTAL 8 * 11 91 00.08 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 Tuesday, February 9, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 9, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, February 9, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, February 9, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subiect to chance and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware, therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. 00109 � m Adjournment On a motion by Mr. Fontana, Seconded by Mr the Council adjourned at GERALD CHWALINSKI CITY CLERK February 2, 20I0