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HomeMy WebLinkAbout11-1115CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO November 15; 2011 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 1, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH [_a__---- -_ -_ -] [MA.I- 5] [ 213 - 61 [314- 7] *AY Y-* NO* *7* *_7 November 15, 2011 FROM THE MAYOR November 15, 2011 FROM THE MAYOR e EXECUTIVE DEPARTMENT November 15, 2011 FROM THE BUFFALO PRESERVATION BOARD 0000' Recommendation from Buffalo Preservatioh Board to Buffalo Common Council Re: Applications for Landmarks /Landmark Site: Buffam Street Site The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation for the " Buffam Street Site" located in the parkland bounded by Buffam St. to the north and Fields Ave. to the east be approved by Buffalo Common Council and thus designated a City of Buffalo Local Landmark. The attached landmark application was prepared by the Buffalo Preservation Board and was reviewed by the Board at its November 3, 2011 meeting in accordance with Chapter 337 Article III of City Code. A public hearing was held at this meeting. The Preservation Board established that the property meets the criteria outlined by the code for landmark designation. Please feel free to contact Michele Brozek Knoll, Senior Planner - Historic Preservation, with any questions at 851 -5029. REFERRED TO THE COVIMITTEE ON LEGISLATION.. U Farm LS-1 Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hatt Buffalo, Now York 14202 Telephone. (71 6) 851-5029 Fax. (716) 851 4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete. a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted, c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: * * ** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. Address of Site _Parkland bounded by Buffam St. to the north and Fields Ave. to the east 2. Name of Property (if any) — The Buffam Street Site. ✓. 3. Name of Present Owner City of Buffalo Address Niagara Sq. City Buffalo Zip - 14202 Phone „(716)851 -4200 4. Present use of property __ City park 5. Year of Construction — n/a. Information Source 6. Architect n/a Information Source 7. Is property endangered? Yes --- -_____ No X If yes, explain: 8. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and /or landmark site. Please indicate the sources of information. 9. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles,. photographs, etc. Please list below, which of these materials you would like returned. If you would . like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. 10. Name of Applicant Paul McDonnell, Chair Organization, (if any) Buffalo Preservation Board Address 901 City Hall City Phone (716) 851 -5020 Zip 14202 I hereby certify that the information contained herein is true and correct to the best of y Signature of Applicant Date The Buffum Street site's mundane appearance belies its rich, layered history. Two distinct Native American groups have called it home, with a prehistoric Wenro village and burial ground on site as well as a former Seneca burial ground once at the heart of the Buffalo Creek Reservation. Written sources indicate the site was likely occupied as early as 1615, paralleling Neutral settlements first acknowledged at that time elsewhere in Western New York, and it was reoccupied in 1779 by the Senecas. Prehistorically, while some Western New York campsites go back as far as 10,000 years, artifacts indicate Buffum Street was a campsite only as early as the mid- Archaic period, and became a.village during the Mid to Late Woodland period. Native Americans lived at or near the site until at least the 1850s. Both prehistoric and post - contact groups left their impression on the site through physical artifacts, written history, and much myth and hearsay. Sew The Buffum Street Site is in the South Buffalo neighborhood of the City of Buffalo, bounded by Buffum Street to the north, Fields Avenue to the east, and residences to the south and west. The site is a city -run public park, 200 feet by 350 feet, easily accessible from Seneca Street, a major north -south roadway. It is approximately 43 miles from downtown Buffalo due southeast, and roughly 3.6 miles east of the Lake Erie shoreline (map 1). The site itself sits on a hilltop overlooking lower swamp areas to the north and cast, sloping downward toward the Buffalo River. It sits on the larger Erie Plain, the relatively flat expanse of land paralleling the Lake Eric shoreline a few miles inland between the Onondaga and Portage escarptncnts.' The park is bisected from east to west by a slight ridge about three feet high that seems to extend beyond the site at least on the eastern end. The land slopes more gently downward to the southern edge of the site into adjoining residential properties. This ridge is likely a natural occurrence, but reviewing neaps drawn for past archaeological digs indicates that the ridge was incorporated into early earthworks at the site (maps 4 and 5, images 1 and 2). The site contains several large trees and is fairly well maintained (images 2 -4). There are three monuments in the park (images 5, 6), one dedicated to the area's former Seneca residents (image 7), another to two American girls held captive there by the Seneca (image 9), and a third marking where Seneca remains removed from the Mount Morris dam area were reburied in 1952 (image 8). There are a variety of houses nearby, ranging from newer ranch and Cape Cod homes along the eastern edge (image 11), to conventional turn of the century doubles on narrow lots (image 12, most of the neighborhood), to older homes set on larger lots (image 10, on the north side of Buffum Street). With the exception of the site itself and some swampland a few hundred yards away, the vicinity is completely developed. Document Research; 'White 15 -16 Buffum Street could be associated with the Neutral Indians, The Neutrals, taken together with the Wenroes and the Eries, represent three barely distinct Iroquoian groups of Western New York. Some scholars associate Buffum Street with the Wenro Indians, but precise attributions are almost impossible, even today. The Neutral story starts well south of Buffum Street. The Neutral, Huron, and other Iroquoian groups probably have a common ancestor, but it is disputed whether they traveled north from Ohio and Kentucky, or west from the St. Lawrence River before breaking up into smaller groups. The Neutrals stopped in Southern Ontario, while the Hurons settled farther north, and still other descendants ended up in central New York. Either way, by the early 1600s the Neutrals had settled all across Southern Ontario, many of their 40 villages and population of 12,000 clustered between, present day Brantford and Hamilton, but with some Neutral villages extending cast of the Niagara River into Western New York. "' The date of this migration is unknown, but the first mention of "la nation neuter" south of the Hurons occurs in Samuel de Champlain's writings of 1615, which coincides with Brule's journey south from Huron territory to represent French interests among various Native American groups, including the Neutrals.'" Much of the Neutral story is told by French sources, including Dallion (1627), Brebeauf, and Chaumonot (both 1640), Jesuit missionaries traveling through the Neutral territory in Southern Ontario and Western New York in the early -mid 1600s." Nothing is written about the Wenroes. Dallion may have been the only westerner ever to encounter Wenro Indians, possibly meeting a group trading at a Neutral village about one day's travel from their own. Dallion found the liaison somewhat unpleasant: Ten men ... called Ouarororonon [Wenro] ... invited me to come and see them in their village. I promised to do so. [Later on] they came back after me and abruptly began a quarrel without provocation. One knocked me down with a blow of his fist, another took an axe and tried to split my lrcad ... the blow fell on a bar near me." The Neutrals were not necessarily neutral. Sandwiched between the warring Hurons and Iroquois, the Neutrals enjoyed a tenuous peace with both strong tribes, and were allied with smaller groups including the Wenroes. The Neutrals were frequently on the offensive against other lesser tribes to the west. "' Nevertheless, an Iroquois attack against the Neutrals was inevitable. The Iroquois were gradually growing stronger, incorporating several separate tribes into a central government. Also, they pushed westward seeking new sources for their lucrative beaver pelt trade with the Dutch in Albany, which earned the Iroquois European weapons. While an alliance between the Neutrals and Hurons would have outnumbered the Iroquois, their isolated, loosely confederated villages would have been no match against the Iroquois."" In 1.638, the Iroquois attacked the Wenroes in Western New York, leading them to abandon their string of settlements along Buffalo and Cazenovia Creeks and flee to Huron territory. Over the next ten years, several Neutral $` Wright 2 Wright 4 -7 sv White 25; Wright 21 Wright 21 -7 "' Wright 25 %"i Wright 10 villages were attacked and destroyed, and by 1651 the Neutrals had vacated any lands east of the Niagara River." Supposedly, the ashes of Indians slain in the Iroquois invasion were buried in a mound near the later location of the Indian Church just south of Buffum Street.' At this point Buffum Street became a province of the Seneca Nation, but the Senecas established few if any permanent settlements here until much later. The Senecas of the Iroquois may have chased the Wenroes out of Buffum Street, but in 1779 it was the Seneca who were on the run. After the American army defeated most of the British forces in the Revolutionary War, the British used the Iroquois to ransack budding American settlements in New York State. The Americans sent General John Sullivan to burn Iroquois towns and villages to the ground and destroy their food stores, also aiming to drive the British out of Fort Niagara. This drove the Seneca from their large towns along the Genesee River into Western New York, where they sought refuge at Fort Niagara, The British did their best to take care of the 4,000 -5,000 refugees, but by winter their food stores were running low." The British encouraged the Seneca to settle permanently at Buffalo Creek, where up until then they had only temporary settlements for hunting and fishing. "` That way they could sustain themselves with their own crops. Kittle is known about these first permanent Seneca settlements at Buffalo Creek. By the 1780s, however, they were already under assault by land purchase attempts. Massachusetts and New York colonies disputed who owned a long strip of land encompassing much of upstate New York, the dispute traceable to ambiguities in the colonies' charters. "" New York wanted the land, and claimed the Iroquois as "conquered dependents" in Iine with the sovereignty status the United States granted native tribes. This, they said, enabled New York to negotiate and approve any and all land transfers from the Iroquois to American buyers. The Fort Stanwix Treaty of 1784 was the first step in demarcating the Iroquois territory so it could eventually be sold, marking the confederacy's farthest western border.'" Then came other agreements, such as one in 1786 granting Nov York State jurisdiction in the disputed territory provided Massachusetts could appoint individuals to sell off the land and realize the profits.' Massachusetts appointed Oliver Phelps and Nathaniel Gorham to buy out native land claims and resell them on the state's behalf. In 1788 Phelps sent the Reverend Samuel Kirkland to discuss potential land sales with the Seneca at Buffalo Creek, the heart of Seneca territory. Kirkland convinced the Seneca to sell off some of their easternmost lands along the Gcnescc.` Phelps and Gorham could not pay Massachusetts what they owed, however. Massachusetts took back their preemption rights, selling them to Robert Morris of Philadelphia in 1791 for $225,000. Morris still had to buy out the Seneca, however, and they were reluctant to sell. At this time, a Seneca named Otetiani (`Always Ready,' or more ' " Wright 43 -5 �x Wright 46 -56 X ibid 15 "Severance 58 -61 Y-" ibid 71 X"` ibid 80 X" ibid 82 ` ibid 85 3 commonly known as Red Jacket) was rising to prominence. Red Jacket (image 13), a prominent and well - spoken Seneca diplomat who lived at Buffalo Creek during the middle and later years of his life, was among the most ardent of Seneca traditionalists."`' His conservatism showed in his skepticism of Christian missionaries and land sales to speculators such as Morris. He was involved in most of the land deals during the 1790s, as well as the delicate negotiations with U.S. emissaries interested in securing the Seneca's neutrality at a time when Indian parties were ravaging American settlers in the Ohio Valley, Red Jacket's peace advocacy earned him a medal from president George Washington in 1792, and the Seneca remained neutral during the settlement of Western New York. In 1793, the Holland Land Company purchased 3.6 million acres of Western New York from Morris, provided that he successfully extinguish Seneca ownership. Despite Red Jacket's objections, by 1797 the Seneca assented to the sale of their Western New York lands, retaining three reservation tracts for themselves. During other meetings at Buffalo Creek throughout the early 1800s, Red Jacket had to fend off attempts to purchase large portions of the Western New York reservations. "" The Buffalo Creek reservation, laid out in 1798 by Holland Land Company surveyor Joseph Ellicott, was the largest of the three.'"` Several clustered Iog cabin villages existed throughout the reservation, sometimes near prehistoric village sites that White located on her map of Western New York sites (map 6). Houghton describes the one surrounding the Buffam Street site below: Of these clusters of houses, villages, so called, the most prominent seems to have been that which surrounded the home of Red .racket. This group straggled along the paths which are now Seneca Street and Indian Church Road, mainly centered around the present Seneca Indian Park. Red Jacket's cabin (Image 14) was near the Buffum Street site. So was the Seneca council house, roughly one mile to the Northeast near the intersection of Bailey Ave. and Seneca St. today."' It was a shingled, timber -frame structure 42 by I8 feet with a brick chimney, not the stereotypical longhouse. In fact, all the Seneca dwellings were reportedly single - family Domes built of logs or cut lumber.' This new construction method marked a cultural change at Buffalo Creek. As the Seneca abandoned their traditional communal structures in favor of that American standard, detached single - family residential, many became more tolerant of Christianity as well. Missionaries had always been a nagging reality for the Seneca, but as their traditional religion eroded in the early to mid 1800s, the pull of Christianity became stronger than Red Jacket's conservative orations. After several failed attempts by others, the latest missionary, Rev. Thompson Harris, gained permission in 1828 to establish a church at the heart of Buffalo Creek, just a few yards south of the Buffum Street site, in " ibid 86 -7 X` Red Jacket Exhibit, BECHS Y"" Severance 164 "" ibid 105 -9 xx ibid 115 - 'ibid 181 xx" ibid 118 present day Indian Church Road. " "' The Seneca built it themselves at a cost of $1700, a one- story, white clapboard structure, 41 by 51 feet and holding 400 people (image 15). A mission house on the north side of Buffum Street followed in 1833 (image 16). Run by Mr. and Mrs. Asher Wright, it housed the first Seneca language printing press." Red Jacket died in 1830. His last wishes, as related by Seneca Sachem Ely S. Parker, were to "...lie buried and undisturbed in the burial -place of his fathers," rather than have "...white men dig his grave. " He was buried in the Buffum Street site, where he spent the later years of his life. Mary Jemison, the White Woman of the Genesee, was also buried there.'" The Seneca lost the Buffalo Creek Reservation in an 1842 treaty, after which most of the Seneca relocated to the Allegany and Cattaraugus Reservations. Only a handful of Seneca remained on the land after 1842, tilling their fields and tending to small orchards.""' Today all that remains of their 83,000 -acre reservation is the postage -stamp Buffum Street site. The mission church there, erected in 1828, blew down in a storm less than 30 years later. The mission house was demolished in 1920. It is clear that what meaningful history exists at the Buffum Street site belongs to the Seneca. Humphrey Tolliver had some understanding of that. A runaway slave who married an Irish woman before moving near Buffalo in 1814, Tolliver built a house directly across from the Buffum Street site some time before 1840 (image 17). He and his wife raised 13 children. there. It was said that Tolliver and his wife prepared a meal for the signatories of the botched 1838 Buffalo Creek Treaty. Tolliver took it upon himself to maintain the Seneca's burial plot, while letting his fishing nets dry on the wrought iron fence surrounding it, of course. He would still receive the occasional Seneca visitor until his death in 1881. His house was demolished in 1940.xxv Despite Tolliver's caretaking and Red Jacket's explicit wishes, his grave and Mary Jemison's were disturbed, their remains removed in the 1850s. W. Clifford Shongo, a descendant of Red Jacket, inherited the story of Red Jacket's remains. As it goes, Red Jacket was dug up by white men who "... wanted to measure his brain in millimeters... because he was such a smart Indian." Perhaps after extensive scientific study, his remains were confined to Shongo's grandfather's sister's attic, from whence they traveled to Buffalo Savings Bank before finally being grandiosely reinterred at Forest Lawn in 1884. At the turn of the century, Buffalo Creek had begun developing into South Buffalo and West Seneca. Indian Church Road, passing through the former church's site, was surveyed in 1850 and completed in 1858. Buffum Street was surveyed in 1847 and built in 1868."' In the next 30 to 40 years, more streets were built, lots subdivided, and homes eventually built (map 3). The Buffum Street site became surrounded by conventional residential neighborhoods. Were it not for John Larkin, the entire site would have been subsumed by development. ibid 149 Buffalo Historical Society (1912) 479 -85 "'Buffalo Historical Society (1885) 43 xx" Conlin 34 Severance 167 -180 Xx"" McCausland 1940 XX]X Conlin 35 X.XIL Fess 1952 5 John D. Larkin saw what Tolliver saw in the Buffum Street site. The local mail order magnate's mother -in law - had taught at the mission house across the street. " "" He likely never would have heard the end of it if lie hadn't stepped in to preserve the site. Larkin purchased the burial grounds in 1909 from developer Allen Strickler, He donated the land to the city of Buffalo on the condition that it would be a public park dedicated to the Seneca in perpetuity." X" Larkin is responsible for keeping the Seneca in touch with the last sliver of their Buffalo Creek past. Clifford W. Shongo saw the site's significance as well. In 1952, a Seneca burial ground on the banks of the Genesee River was to be inundated by the Mount Morris Dam project upriver, as if Morris's ghost returned to haunt the remains of those who he dispossessed of ancestral lands. Shongo recovered the remains and reburied them at Buffum Street that June. Of note is that, according to Shongo, the Buffi €m Street burial site was once five acres, but is now only represented by a much smaller plot. In the late 1980s Allan Jamieson, descendant of Mary Jemison, worked to restore the Buffum Street site. In 1992, a rededication cere €pony at the site installed a new plaque, a replica of the first that had been stolen. In attendance were "several members of the Seneca Indian Nation," as well as Norma Poodry, relative of a Seneca chief who attended the first dedication 80 years earlier. "' Arc�� Artifacts abound throughout the former Buffalo Creek Reservation, but Buffum Street is one of a few particularly concentrated archaeological sites within its boundaries. Of seven concentrated archaeological sites lying along Cazenovia and Buffalo Creeks in the former reservation, only two (Fenton Street, Buffalo; Hart Farm, West Seneca) contain European trade goods.` The other five sites (one in West Seneca, three in Bast Elma, and Buffum Street) probably never saw western visitors prior to Seneca occupation, and are culturally and archaeologically similar. These sites are all former village sites likely attributable to stone age Iroquoian peoples. Three writers who researched Buffum Street also discussed the site relative to these and other local archaeological sites; some on the former Buffalo Creek Reservation and some across Western New York, Frederick Houghton excavated at Buffum Street around 1900. He describes his findings in Publications of the Buffalo Historical SoCie , vol 24. While his main focus is on the culture and artifacts at Buffum Street, Houghton also discusses other local excavations being conducted at the time on Buffalo Creek Reservation sites archaeologically similar to Buffum. Imogene C. Robertson conducted a dig at Buffum Street some time after Houghton. She too acknowledges that several sites exist nearby that closely parallel what she found at Buffum Street. In 1961, Marian E. White included Buffum Street in a series of Western New York sites she attempted to place in chronological order based o €i artifact typologies. X " X ' Bureau 104; 825 Xxxii Conlin 36 Xxx;[i Palazzetti 1992 XXXi" Fess 1952 xxx" Conlin 36 XXX"l Severance 16 White mentions some sites Houghton did not, but her research is more concerned with establishing a chronology and identifying antecedents to the Iroquois culture type than it is with the nature of any one site. She does, however, describe the artifacts from all three Buffum collections and from the other sites, making several detailed comparisons. While all three scholars draw implicit connections between various Western New York sites, only Houghton and Robertson dare to attribute any of the sites to a group of people. Houghton adamantly matches seven Western New York sites to the Wenro Indians: Oakfield (Genesee County), Shelby (Orleans County), Buffum Street, Eaton (West Seneca, Erie County), and three sites in Elma (Erie County). He takes particular interest in the Elma sites, because the Buffalo Museum of Science was conducting digs on two of them as Houghton was excavating at Buffum Street. The Elma artifacts share many characteristics with Buffum, and the sites are only a short distance to the East along Buffalo Creek. Robertson attributes Buffum Street to the Wenroes, also connecting it to the Elma sites, perhaps just echoing Houghton's previous scholarship. "" White includes Oakfield, Shelby, Buffum, and Eaton in her chronological study, also introducing two historic sites at Goodyear (Elora, Erie County) and Green Lake (Orchard Park, Erie County), and the Kienuka site (Lewiston, Niagara County). After examining artifacts from these seven sites, she is able to group them according to two overlapping chronological schemes: Transitional Iroquois and Iroquois culture types, and Early, Intermediate, and Historie:periods. These schemes fall under the larger Late Woodland period. White places Oakfield first, the only site in the Early period, representing the Transitional Iroquois culture type. She then includes Kienuka, Shelby, Buffum, and Eaton (in that order, following Oakfield) in the Intermediate period, the first few sites representing the Iroquois culture type. Finally, Goodyear and Green Lake fall under the Historic period, also of the Iroquois culture type. White estimates the dates of occupation at these two sites only, 1550 -1600 at Goodyear and 1575 -1.625 at Green Lake, which means Buffum Street was likely occupied sometime before 1550."" White's chronology makes a case for relating Buffum Street to other prehistoric Western New York sites. The other three sites White places in the Intermediate period have similar numbers of artifacts with certain decorative motifs, and certain types of ceramic rim profiles that change in frequency over time at all seven of her sites." That change is the basis for her period and culture type groupings. While there are some discrepancies, White's findings indicate a potential relationship between several sites. Buffum could have been part of a single settlement cluster at one or more tithes in history. Houghton already indicated that several Elma sites are virtually identical to Buffum Street, and because of their location in the Buffalo Creek area, they warrant further study as well. White states that the Buffum and Eaton sites are so similar that they are interchangeable in her chronology. "' Houghton found strong similarities among Eaton, Buffum, and Severance 21 " x ' 9 ` 1 ' Robertson 24 XXXiX White 133 A ibid 73; 80 Xli ibid 105 7 the three Elma sites."" According to Houghton, one of the three Elma sites remained unexplored at least to his writing."' That site should be located and excavated to firm up possible connections among these sites, and artifacts from .the other sites and Buffum should be reexamined using more scientific methods. According to site maps, the Buffum village site extended just beyond the current park. Graves have been found within the Seneca Indian .Park at Buffum Street, but other burial sites have been found outside the current park."" All known remains were removed by New York State order in 1893.x The earthen palisade mapped by E.G. Squier in 1849 had been leveled by cultivation by the time Houghton excavated. Robertson summarized the locations of kitchen middens excavated over the years at Buffum Street. Of five middens, three were excavated, each yielding one of the three Buffum artifact collections. Houghton's Buffalo Museum: of Science dig focused on a midden on a slope near the site's eastern end. It contained charred corn, beans and nuts, as well as animal bones and various artifacts. Benedict dug on the slope running through the middle of the site, immediately across from the park's entrance. Robertson dug somewhere behind the slope, probably behind Benedict's midden, what she called "perhaps the center of the village. " "" At village sites such as Buffum Street, most artifacts are recovered from deep veins of black, ashy soil, what Houghton called "... the refuse or garbage heaps of the primitive village." He further describes such sites: These beds in all cases are strewn, ..over the face of...the village site. In some cases these black beds seem to mark the position of the cabins of the village. This accumulation was composed of all the animal refuse of the village combined with the ashes of its fires. Into it was swept or thrown practically everything that was in use in the village.X "� These piles, named "kitchen middens" by Robertson, contained mostly animal bones, but also projectile points, "...stone axes and chisels, potsherds and pipes, awls and fishhooks made of bone, chisels, gouges and hoes made of antler, and occasional ornaments of limited variety..." found at a depth of two to four feet."" "' Houghton found over 100 arrowpoints, many made of Onondaga Chert shaped into small, precise triangles in the Madison tradition from approximately 900 C.E. "" None were large enough for spears and none were notched. There were fragments of large and small clay pottery vessels tempered with silica or cbert powder. Most of the pottery was round bottomed, with a decorative pattern of "...repeated triangles filled in with parallel lines." The same midden also yielded plain clay pipes and some mussel -shell beads.' Digging a separate midden, Robertson found many of the same items, especially animal bones, a similar range of pottery sizes with unique incised decorations, and tools made of bone. There are pictures from the Robertson collection in this submission (images 18 -22). "" Severance 17 xtiii ibid 16 " ibid 15 "" Conlin 36 xi"i Robertson 24 -5 X "' Severance 14 X €til,i ibid 14 xiix Gadayani (2011) 1 Severance 19 White performed the most comprehensive analysis of all three collections of Buffum Street artifacts, Of the 104 potsherds she examined, all had incised decorations in vertical or diagonal patterns on the rim.' There were no potsherds decorated using a cord- wrapped stick or interrupted linear method, both common before incised decorations, which helped White place Buffum in her chronology. Decoration was also confined to the rims, with no neck decoration evident." Pipes from Buffum Street are mostly plain, rimless trumpet pipes typical of pre- contact, intermediate period sites. There are also some square bowl pipes and two effigy pipes. The bulk of artifacts from Buffum Street appear to come from the Woodland Period. In Western New York, Early Woodland cultures were the first to produce pottery and pipes. By the Late Woodland period, pottery was decorated using the incising method (dominant at Buffum Street), moving away from the cord - wrapped method more common in the Early Woodland period.' Also typical of Late Woodland sites are effigy pipes depicting bear or human figures on the bowl. Two such pipes exist in the Buffum artifact collections." Late Woodland villages also introduced earthen palisades providing abase for log walls. According to more recent work by Herter (2001), the earthen palisade at Buffum Street could have enclosed a village holding 850 people during the early I500s, Though Buffum Street's most prominent associations are the Seneca occupation and the Late Woodland village, there are older prehistoric campsite antecedents at the site.' There are artifacts from the Lamoka culture in the Archaic Period (2500 B.C.E.), notched blade points from 3000 -2000 B.C.E., Meadowood points from 800 -500 B.C.E., and several artifacts falling into the 900-1500 C.E. range.'' The oldest artifacts are a smaller part of the collection, but articulate the site's significance for natives over thousands of years. Significance Summary Parag Wh Buffum Street has local significance as a Late Woodland prehistoric village, burial site and anchor for a later Seneca village, and as a commemorative park with enduring importance for the Seneca Nation of Indians. It is the only remaining site on the former Buffalo Creek Reservation that can remotely bear so many associations, as any sites more directly associated with these people or events have been lost. The Buffum Street site qualifies for Criterion 1, Criterion 3, Criterion 4 and Criterion 9 of the "Criteria for Designation" as defined in Chapter 337, Preservation Standards, City of Buffalo Charter and Ordinances.''' The site has character, interest and values as part of the development, heritage and White 73 ibid 71 White 97 -101 liv McCarthy 5 -7 ]v ibid 10 Herter 278 Perrelli (2011) lA" Gadayani (2011) fix The "Criteria for Designation" are located in Chapter 337 of the City of Buffalo Charter and Ordinances. The chatter can be located at the city's website, url, httpJ /Nvww.ci.buffalo.ny.us/ f� cultural characteristics of Buffalo, New York State and the country (Criterion 1); the site exemplifies the archaeological heritage of the City (Criterion 3); the site is identified with persons who significantly contributed to the development of Buffalo, New York State and the country (Criterion 4) and the site contains physical characteristics and monuments that make it an established and familiar visual feature within the city (Criterion 9). The City Charter requires that a landmark site meet one (1) or more of the criteria. The Buffum Street site four (4) of the criteria. The Buffum Street site is significant for its association with Native American migration and settlement, having been a prehistoric (possibly Wenro) village until 1638 and a Seneca village from 1780 -1842, as well as the treaties and land sales negotiated with the Seneca Indians that allowed American settlement in Western New York. The site may also hold traditional cultural value for the Seneca Nation of Indians today. It meets criterion 4 for its association with Red Jacket, prominent Seneca diplomat and traditionalist who lived and participated in important council meetings near Buffum Street and was later buried there. Finally, the site meets criterion 3 as a prehistoric village location having yielded, and likely to yield, information and artifacts important in studies of local prehistory. Narrative Statement of Significance Seneca Settlement and Land Deals: After seeking temporary refuge from General Sullivan at the British Fort Niagara, the Seneca established new villages along Buffalo and Cazenovia Creeks and their tributary streams. They established a council house near the village at the Buffum Street site. It was here that the Seneca leaders received many American emissaries, some hoping to secure a lasting peace, others wishing to establish Christianity at Buffalo Creek, but many more as agents to negotiate treaties and land sales. The Seneca would agree to light a council fire and discuss only the needs of those visitors whose purpose was deemed important. Thus, every visitor to the Seneca south of Buffalo hoped his stated business would warrant a council meeting. The village at Buffum Street was the political gatekeeper for the local Seneca villages, receiving visitors and determining who would have an audience at the council house, which was one mile removed from the village itself. Samuel Kirkland, well respected among Indians in central New York, was among the first men to argue his case before the Seneca here. Acting on behalf of Phelps and Gorham, Kirkland convinced the Seneca at Buffalo Creek to sell some of their land near the Genesee River, the first in a series of deals that would diminish Seneca territory in a death by a thousand cuts. One of the largest deals partly negotiated at Buffalo Creek was the sale of 3.6 million acres to the Holland Land Company by Robert Morris in 1793, opening up Western New York to new settlement while consigning the Seneca to three reservations. Morris had to extinguish Seneca title to the land by negotiating with them at Buffalo Creek. Had Morris failed, the Holland Land Company could not have legally bought and subdivided Western New York for new settlement, and the region would have developed much differently. Two treaties in 1838 and 1842 were negotiated near the Buffum Street village that dissolved the Buffalo Creek Reservation altogether. The establishment of a mission church in 1832 across from the Buffum Street site contributes to this story of cultural decline among the Seneca and replacement by new white settlements. 10 Traditional Cultural Value The Seneca Indians keep coming back to Buffum Street. Even after the Seneca vacated their villages in the Buffalo Creek Reservation, they frequently returned to fish in Buffalo and Cazenovia Creeks. They would also visit graves at other nearby village sites." Members of the Seneca Nation attended the initial dedication of the Seneca Indian Park in 1909, and the rededication of a replacement plaque in 1992. In 1952, Seneca remains were interred there after removal from a Genesee River site. That the site was considered an appropriate alternative burial place for culturally sensitive remains, even after its surroundings had been altered by dense development, says much about how important Buffum Street still is to the Seneca. Life and Times of Red Jacket: Red Jacket was among the most important and influential Seneca leaders of the late 1700s -early 1800s. The village at Buffum Street had two important foci: the prehistoric village site and Red Jacket's cabin. He Iived middle and later years of his life in this village, walking the woods along Buffalo and Cazenovia Creeks, conducting business at the council house a short walk away, even receiving the occasional curious white visitor. Red Jacket was adamant that he never wanted to leave the village —not even upon his death. He was buried accordingly, beneath a large walnut tree at the West end of the current Seneca Indian Park."' Red Jacket's former burial site is thus far more significant because it is more closely associated with his life and final wishes --- indeed his cultural beliefs —than his current resting place in Forest Lawn Cemetery or any other site in Western New York. Buffum Street is significant because it was Red Jacket's chosen and original burial location. This simple choice articulates the site's significance even though Red Jacket's body is no longer buried there. Red Jacket is a person of outstanding importance in Seneca history, the most ardent and recognizable protector of Seneca culture during his lifetime. The Buffum Street site is the last surviving property associated with him in an area strongly associated with his life and times. By choosing to be buried there, Red Jacket affirmed not just the site's significance to him, but also its cultural value as part of the traditions he struggled his whole life to uphold. That his body no longer resides at Buffum Street does not diminish the power and meaning behind his choice; rather it augments the site's ability to tell the story of Seneca culture and decline. Red Jacket's relocation to Forest Lawn Cemetery by Buffalo elites in the early 1900s contributes an ironic note to this story instead of negating Buffum's significance as his former burial location. The exact location of Red Jacket's cabin is not known. There is one artistic rendering of it that places it next to the Mission House, but no written source confirms that location. It was certainly close to the Buffum Street site, however. The cabin's true location is lost to history, as homes in the current neighborhood likely took its place. The site of Red Jacket's place of business ---the Seneca council house ---is devoid of integrity as well. According to Houghton, the council house was "about a hundred yards north of the corner of Littel and Archer Streets..." near the current intersection " Severance 180 1 "' Buffalo Historical Society (1885) 85. 1I of Bailey Ave. and Seneca St.'" A large electrical substation, Surrounded by industrial and some residential development, currently occupies that location. Today the Buffum Street site's primary purpose is commemorative. It has been called the Seneca Indian Park since its creation over a century ago, paying homage to its past role as the heart of a Seneca village. Three monuments convey information related to this former culture's occupation of the site. The land is a city park, but there are no benches, playgrounds, or ballfzelds. The site is clearly commemorative. Two monuments carry a special significance. One, a granite boulder bearing a bronze plaque inscribed with the park's name and a description of its history, was established in 1909, when the surrounding neighborhood was still growing. The boulder has been a neighborhood fixture ever since, though the plaque was stolen and replaced in 1992. One could argue that to the uninitiated observer, the park's primary significance is its commemorative function, especially because the monuments are the only indicator of the site's rich history. Two of the monuments —the boulder and a tomb marking reinterred Seneca remains —may even bear cultural significance for the Seneca Nation of Indians. Members of the Seneca Nation attended the boulder's original dedication, and a Cayuga named Allan Jamieson (related to Mary Jemison, formerly buried at Buffum Street) spearheaded the restoration of the bronze plaque in the late 1980s. The second monument identifies the final resting place of Seneca remains removed from the Mt. Morris darn project on the Genesee River, ceremonially reburied at Buffum Street in 1952 by members of the Seneca Nation. Archaeological Information Potential: At least two studies of Buffinn artifacts have already contributed to an understanding of Western New York prehistory. The artifact record indicates varying levels of human activity at the site, including fishing, farming, and bunting, stretching back thousands of years to the Mid to Late Archaic period.' Much of the artifact record comes from the Late Woodland period. Reviewing these artifacts, Houghton (n.d.) felt comfortable attributing the site to the Wenro Indians, a late prehistoric culture he thought was common throughout the former Buffalo Creek Reservation. Several of these sites are in Elma, and one, the Eaton Site in West Seneca, is on the National Register of Historic Places. His accounts of the Buffum artifacts reveal several cultural details captured from digging through one of the prehistoric village's waste middens. There is no direct historical account of the Wenro Indians, though the end of their presence in Western New York overlaps by 1520 years the presence of French emissaries in the area. The french, however, only encountered the Neutral Indians to the north. White (1961) used Buffum as part of a novel approach to local Iroquois archaeological study. Iroquois villages often lack "superposition of archaeological layers," making it difficult to establish precise dates of occupation. Also, there are few intact sites, making data sets small and cobbled together from scattered, inconsistent artifact collections often from private collectors. By aiming to establish smaller chronologies of a few local sites through "refined techniques lx " Severance 181 iY " Perrelli, personal communications 2011 12 r,A of analysis," or comparing artifact typologies and tracking how they change from site to site, White argued that larger parts of the cultural chronology would gradually fall into place. Limiting study to small, geographic areas minimizes the statistical significance of more confusing variations among the small site samples. I "' v White's scientific study gives a precise account of the general culture -and chronology- defining characteristics of the Buffum artifacts, while situating them in a sample regional chronology. White's research demonstrates Buffum's continuing information potential. Buffum can contribute to any grouping of sites designed to determine other local chronologies. It should be studied in conjunction with other sites in the Buffalo Creek Reservation, specifically the Eaton Site and the various Elma sites that Houghton identified, among others. One note by White indicates Buffum's particular significance in the Buffalo Creek context: A future approach to the problem of dating sites stems from the fact that Iroquois villages generally followed an orderly pattern of movement for a distance of several miles along the course of a stream. It would be possible, for example, to investigate the number of villages intervening along the course of Buffalo Creek which might connect the Buffum Street site with the Goodyear site. Such- a procedure would allow statements on the total number of villages included in the timespan and more reliable estimates of the time involved. , . "' This notion of using Buffum Street as an end point (it is the furthest to the west of any Buffalo Creek villages on White's map (see: map 6) makes its study important to understanding an entire network of settlements along Buffalo Creels and its tributaries. Work along those lines has been scarce since the 1960s, but as recently as 2001 White's method was revisited as the basis for an expansive study of Niagara Frontier Iroquois development undertaken by doctoral candidate Nancy Herter. Herter used Buffum Street as one of 12 local sites forming a backbone chronology, established by comparing artifact typologies. Her research indicated that a separate Iroquoian group, a "Buffalo site cluster" including Buffum Street, might have developed indigenous to the Buffalo Creek Reservation area during the Late Woodland Period, opposite a Seneca culture cluster in west - central New York that appeared more closely related to the Oakfield ancestral site."'" Herter paints a picture of a distinct culture occupying Buffalo Creek from the Late Woodland Period to just before the historic period." "` Buffurh Street is an integral part of that picture. Herter is careful to point out that the question is not settled, especially because no antecedent sites for the Buffalo area cluster have been found, meaning there is potential for future research at Buffum and Buffalo Creek."`" Site Inte ri The Buffum Street site retains integrity of location, setting and association. As a fixed site, Buffum Street has not moved at all. It still retains its critical proximity to Buffalo and Cazenovia Creeks that made it a feasible location for Native American settlement in prehistoric and historic times. The underlying topography of the site and its surroundings ' White iii -iv White 107 -8 x ` Herter 310, 311 -12 '-v' ibid 264 -6 13 z.� is fundamentally unchanged. The two creeks still flow through the area, the hill atop which the site sits is still a high point in the neighborhood, the ridge running through the center of site is still present, and the land slopes gently downward from the site to the north where it meets Buffalo Creek. These features and proximities remain despite the area's extensive urban development. There are no standing structures associated with the period of significance, which is common for Native American sites, especially in developed areas. Red racket and his contemporaries may not instantly recognize the site today, but the topography would aid their recollection of its significance. The site retains a high degree of archaeological integrity in terms of information potential. The site is likely to yield additional artifacts and subsurface features. After a basic review of the site's history, Perrelli believes there is a significant chance that subsurface features including fire pits, post molds from lorcghouses or sweat lodges, and even parts of the palisade base may still exist tinder the topsoil. "" The part of the former village site within the Seneca Indian Park today has never been developed, and agricultural activity at or near the site would not have destroyed these possible features. Herter acknowledges that many Buffalo site cluster sites have likely been lost to development. " A partially preserved site such as Buffum where subsurface features have never been mapped is therefore a rare find. According to White, collections from two of the three middens have slowly deteriorated and diminished clue to improper care. The Robertson collection is in good condition, as it resides in the Marian E. White Museum collection at the University at Buffalo. Buffum Street retains integrity because of the information potential of already excavated artifacts and the .features that still could exist at the site. Major Bibliographical References 1894 City of Buffalo Atlas. (1894). Buffalo Historical Society (1885). Red Jacket. Buffalo, NY: Buffalo Historical Society. Buffalo Historical Society (1912). The picture gook of earlier Buffalo. Buffalo, NY: Buffalo Historical Society. Bureau of Engineering. (1896). Index to records of streets, public grounds, waterways, railroads, gas companies, water works, etc. of the City of Buffalo from 1814 -1896 Buffalo, Conlin, J. (2004 Pall). The Seneca Indian Park. Western New York Heritage, 7(3), 32 -6, Fess, M. (1952, March 16). Reburial here planned for displaced Senecas. Buffalo Courier - Express. Gadanyi, J. (2011). Research for term project, PD 528 Historic Preservation course. University at Buffalo, State University of New York. Instructor: Kerry Traynor. ""' ibid 243 'x`x Perrelli (2011). 1"" Herter 311 14 lIerter, N. (2001). The Niagara Frontier Iroquois: a study of sociopolitical development. Department of Anthropology: University at Buffalo, State University of New York. Kirsch, N. (2011). Research for terra project, PD 528 Historic Preservation course. University at Buffalo, State University of New York. Instructor: Kerry Traynor. McCarthy, R. and Newman, H. (1961). Prehistoric peoples of - western New York. Buffalo and Erie County Historical Society. Buffalo. McCausland, W. (1940, October 13). Tolliver house to be demolished. Buffalo Courier - Express. Palazzetti, A. (1992, October 24). South buffalo land rededicated to memory of Seneca Indians. Buffalo News, Personal communications with Douglas I. Perrelli: Archaeological Survey, University at Buffalo, State University of New York: 2011. Severance, F.H. (Ed.). (1920). Publications of the Buffalo Historical Society: Volume XXIV Buffalo: Tribune. White, M. E. (1961). Iroquois Culture History. Ann Arbor, MI: I, of Michigan. Wright, G.I. (1963). The Neutral Indians: a source hook. Rochester, NY: New York State Archeological Association. 15 Map 1: 1965 USGS Topographic Map, 7.5 minute series, showing Bufi`am Street and surroundings. Source: msrmaps.com i i i Map Z: Suffam Street site and surrounding neighborhood. created by: Lucas Reigstad \ Map 2 1894 E@ County Atlas m s 0w!&\st!eand neighborhood. 2 : .2 4 - _ �� y . . < ,« %. - �� � /� \ c�4 Map 6: White's illustration of village sites, cropped to show Buffalo Creek Reservation sites, White dots represent villages with earth embankments. Black dots represent village sites that no longer have such an embankment. Source: White 1961, p. 2 C Photo 6 of 12 Buffam Street Site Erie County, Buffalo NY Photographer: Lucas Reigstad Date photographed: 4/9/11 The three monuments in context, looking east toward Fields Ave. .;� -. nn '�` � '�, zx� �� ���-� ���� � �� � � �; � no ��n�� a � U o � o � �, © °�' aWW�C� Photo 10 of 12 Buffam Street Site Brie County, Buffalo NY looking north on Buffam.Street, across from the parka An . older house Photographer: Lucas Reigstad on a large lot. Date photographed: 4/9111 7. Photo 12 of 12 Buffam Street Site Erie County Buffalo NY Photographer: Lucas Reigstad Date photographed: 4/9/11 z. Image 18: Photograph of animal bone fragments recov- ered by Robertson. Buffam Street site Buffalo, Brie County NY Photographer: Nathan Kirsch Date Photographed: April 2011 Image 20: Pipe fragments from Robertson. Note the single effigy pipe fragment at center right. Buffam Street site Buffalo, Erie County NY .Photographer: Nathan Kirsch Date Photographed: April 2011 Image 22: More projecti.e points. Bufrarn Street site Buffalo, Erie County NY Photographer: Nathan Kirsch Date Photographed: April 2011 FROM THE OFFICE OF CITIZEN SERVICES 000 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 1, 2011 FROM; DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of .Monthly, Report- October 2011 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of October 2011, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Department Head Name: Title: Signature of Department Ha City of Buffalo Citizen Services 218 City Hall Calls Between 1011120.11 and 1013112011 Administrative Adjudication 3 Anti-Graffiti Program 9 Assessment Issue 2 BFD Fire Issue 2 BMHA 8 Board of Education 5 BPD Employee Issue 2 BPD Quality of Life Issue 19 Buffalo Police Department 158 Citizens` Information 26 City Clerk Issue 2 City Parks 7 CityClerk Dog License 2 EDPIS 747 Fife Hydrant 4 Graffiti PW Traffic 3 Graffiti Parks City 9 Illegal Dumping OSP RealEstate 1 Illegal Dumping PW Curb 8 Illegal Dumping PW Street 10 Inrem Real Estate 37 Law Cla €ms 21 NationaiGrid Streetlights 200 Neighborhood Cleanup 22 Olmsted Parks 1 OSP Housing Loans 1 OSP Other Issue 1 Pest 59 Post Event 5 PVB Abandoned Vehtcte 5 PVB Meter Issue 114 PVB Parking Issue 58 PVB Personnel Issue 3 PW Adj Violations 30 PW Animals 73 PW Bridge Issue 1 PW Buildings Maintenance 3 PW Bulk Trash 28 PW Cave In 12 PW City Forester 24 PW City Park Tree Issue 1 PW Curbs 18 PW Damage from Snow Removal 3 PW Damage from Sts/San Dept 5 PW Damaged Street Light Pole 10 PW Dead Animal Removal 36 PW Eng Personnel 1 PW Excess Trash 2 218 City Halt Calls Between 10111201.1 and .10/3112011 FROM THE COMPTROLLER November 15, 2011 00003P SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL DATE: October 25, 2011 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [ :Interfund Cash Loan f� f� PRIOR COUNCIL REFERENCE. (IF ANY) Ex. (Item No. C.C.P. xx /xx /xx) 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 $400,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000- General Fund TO: 3201 - South Buffalo Paving Project Grant Title: South Buffalo Paving Project GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $759,415,00 LOAN AMOUNT: Maximum of $400,000,00 Estimated bate of Repayment: September 30, 2012 Signature of Department equAw g Interfund Cash Loan St r Stepniak 'ommftsioner of Public Works, Parks & Streets ,Stem Jangt Penksa ommissioner of Admin., Fi ance, Policy & yrban Affairs SIGNATURE DEPARTMENT HEAD TITLE : De 3u rnpt Iler DaAbv R. Eishkin Mr. Fontana moved: That the above communication from the Deputy Comptroller dated October 25, 2011, be received and filed; and That an Interfund Cash loan be made to the maximum amount of$400,000.00 as needed from 1000 — General Fund to 3201 — South Buffalo Paving Project to finance the South Buffalo Paving Project, which will be reimbursed by the New York State Department of Transportation in the amount of $769,415.00 with an estimated repayment date of September 30, 2012. Passed. d3_ TAB: t:1wp6613nswordlrmvl3c 11- 15a.doc 6 0090 f QTY OF UFFAL DAR:BY R. FISITYJN, CPA DEPUTY COMPTROLLER Common Council Room 1308 City Hall Buffalo, New York 14202 Honorable Common Council: DEPARTMENT OF AUDIT AND CONTROL COMPTROLLER'S OFFICE 1225 CITY HALL BUFFALO NY 14202 No `r7ok� )�7 r- A j!, 1 y io t? � 1tw' M, � A , vember 7, 2011 Pursuant to Section 20.25 of the Charter of the City of Buffalo, New York (Erie County), we are required to submit a report on the Mayor's 2012 Recommended Capital Improvement Budget. N. LEGAL RESTRICTION One of the projects listed among the 2012 Capital Budget Recommendations, "BLDG 12027 Buildings Abatement (as identified in the buildings assessment) - $250,000 ", cannot proceed to sale until July 28, 2012. Pursuant to General Municipal Law, Section 99 -d, subdivision 2, "Where the cost of such advance planning of a capital improvement is financed by the issuance of bonds or capital notes and where the period of probable usefulness specified by subdivision sixty -two of paragraph a of section 11.00 of the local finance law is applicable, the municipal corporation, school district or district corporation shall not have power to authorize the undertaking of the capital improvement until at least one year after the original issuance of such obligations; provided, however, that when bond anticipation notes shall have been issued prior to such bonds, such one year period shall be computed from the date of such bond anticipation notes." During last year's capital bond sale, a bond for $468,576 was sold for City -Owned Building Inspection and Assessment. By virtue of that sale and the above law, the building abatement bond being recommended cannot be sold until a year after the previous sale. The timing would thus make this project unfeasible for this year's sale. 11. BONDING APPROPRIATENESS BLDG 12025 Theatre of Youth /Mechanical, Roof & Exterior Reconstruction /Architectural Upgrades and Re- pointing in the amount of $15,000 suffers from practical concerns. The amount of the bond, $15,000, is deemed inappropriate for inclusion in the bond sale and the incurrence of the related issuance costs. The City would be better served economically by using operational funds for this project. Absent additional detail, there is no disclosure or documentation to suggest whether this is a single or multi -year project. CONCLUSION: INSUFFICIENT INFORMATION Section 20 -24 of the City Charter requires the submission of "categories of information" by the Mayor as part of the proposed capital expenditure budget. Through the Comptroller's 2012 Estimate and Report, the Comptroller's Office emphasized the need for such information to ensure the validity and effectiveness of a proposed capital program. Regrettably, the proposed budget which was submitted by the Mayor does not contain the required information, which would allow for a thorough and complete examination of the proposed projects. Accordingly, it is impossible to mace .a useful and substantive report on the estimated costs, implementation readiness and or probable effect on the City's financial condition. In order to properly evaluate the debt worthiness of these capital projects, we would need the detail provided in the items enumerated in Sections 2023 and 20 -24 of the Charter. This type of information would include, but not be limited to, the proposed capital improvement, its estimated cost, its priority relative to other parts of the capital program, a description of the work to be performed and the location where it is to be performed, any legal limitations on financing terms, whether any funds will be recovered by state or federal grants, any environmental or social effects and its place in the City's four -year capital strategy. The mere identification of projects and dollars amounts is not enough to evaluate the long-term impact of a proposed capital program. It is incumbent upon the Common Council to seek out the additional detail that should be part of the capital budget. Armed with qualitative and quantitative information, as stipulated within the City Charter, we will collectively be in a position to evaluate the viability of the capital plan. Therefore, pending the receipt of additional information, the sale of municipal bonds notes to support the 2012 capital improvement budget is impaired. Further investigation is required. Sin erely yours, v � Darby F1 hkin, CPA Deputy Comptroller cc: Mayor Byron W. Drown REFERRE TO TH C OMMIVIFTE E OF - HE V 05 CITY F BUFFALO DEPARTMENT OF AUDIT AND CONTROL INVESTMENT & .DEBT MANAGEMENT OF'F'ICE 1214 CITY HALL BUFFALO NY" 14202 DARBY R. FISHKIN DEPUTY COMPTROLLER November 9, 2011 Hon. Demone A. Smith Masten District Council Member 65 Niagara Square, Room 1316A Buffalo, NY 14202 City of Buffalo Banking Services Dear Mr. Smith: RICHARD F. CALIPARI, CGFM INVESTMENT & DEBT MANAGEMENT OFFICER In response to your letter of October 28 to Darby Fishkin asking for information regarding City of Buffalo banking services, please see the following: 1. How many bank accounts does the City of Buffato have with Chase Bank? Does the City have other Dank accounts with other institutions? Four accounts with JPMChase, four with First Niagara, three with HSBC, two with M &T, two with Bank of America and one with Key Bank, 2. What other set-vices does the City get from Chase Bank? We have a Letter of Credit Agreement for the Buffalo Municipal Water Finance Authority, the Recycling Tote Municipal Lease, the cash cards used for the Gun Buy Back Program, and JPMChase was the successful bidder on the 201 OA City Bond Sale, 3. When was the last time that the City bid out its banking services? As a whole, it predates my time with the City. Subsequently, we bid out the City's debt investment fund and moved it from HSBC to JPMChase due to better interest rates. 4. What services does Chase provide that are superior to other financial institutions? Similarly to other banks, JPMChase does not charge for banking services; however, their interest rates are higher and they can meet the City's collateral needs pursuant to General Municipal Law, Section 10. 9) z S. Has the Comptroller's office asked other, especially local banks, if they can provide these same services? To the best of my knowledge, other banks can offer these services but at a lower interest rate. 6 Is there a signed contract with Chase for any of these accounts or services? If,so, what are the terms of the contract? There are standard cash management agreements that we have with all banks and they are open ended. 7. What is the annual yield on the Chase accounts? Currently .45% S. How does their yield compare to other institutions? We monitor bank rates on a weekly basis. As of this week the gates are the following: Key Bank .15% First Niagara .25% M &T Bank .25% Bank of America .25% 9. What is the potential lost income from the yield and the other quantifying factors if the City divested from Chase? $700,000.00 on an annual basis. 10. What are the current interest rates of the money borrowed from Chase, and interest rates of any other bonds with the City? JPMChase was successful bidder among seven bidders for the 2010A bond offering with a winning bid of Total Interest Cost (TIC) 3.646 %. For the current year's bond sale 2011 C, there were nine bidders with Morgan Stanley's winning bid of TIC 3.56 %. The 2009A sale was a negotiated sale with an RFP being issued. Bank of America / Merrill Lynch was the winning Bidder with a TIC of 4.98 %. In addition, JPMChase was the successful bidder on the Recycling Tote Municipal Lease with a four year rate of 1.70% and the Buffalo Municipal Water Finance Authority Letter of Credit rate of 80 basis points. Sincerely, REFERRED TO THE COMMITTEE ON RICHARD F. CALIPARI, CGFM INVESTMENT & CASH MANAGEMENT OFFICER R.FC:jm Car 11 NOVEMBER CC.daa #3 (Rev 1 -02) 0 0 o _ - In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: November 7, 2011 in the Department of Audit and Control Division of .Audit to the Position of Junior Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Nan - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP (Enter Starting Salary) : Starting Salary of: $35,226 LAST JOB TITLE Junior Accountant, Temporary NAME Victoria R. Dabney LAST DEPARTMENT Audit DATE 10/26109 ADDRESS 125 Progressive Ave Louver LAST SALARY $35,226 CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -2594 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 10443001 TITLE CODE NO 0600 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5183 SALARY RANGE OF POSITION $34,569 - $38,517 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Employee was at second step when employment terminated 5120111 NAME OF APPOINTING AUTHORITY: Darter Fishlcin, CPA, TITLE OF APPOINTING. AUTHORITY: Deputy Copptroller DATE: 1117 SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) c FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION November 1 S, 2011 0000 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: November 3, 2011 FROM: DEPARTMENT: Assessment & Taxation DIVISION: SUBJECT: [: Board of Assessment Review [: Appointment, Permanent Member [: Richard Abrahamson PRIOR COUNCIL REFERENCE: (IF [: ANY) Ex. (item No. xxx, C.C.P. xxlxxlxx) TEXT: (TYPE SINGLE SPACE BELOW) The five (5) year appointment to the Board of Assessment Review of Richard Abrahamson, 117 Norwood Avenue, Buffalo, New York, 14222, will expire on December 3, 2011. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not b considered for purposes of determining a quorum. Any new or re- appointed member must receiving training from the Erie County Direct of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore I am respectfully requesting the Common Council reappoint Mr. Abrahamson to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of assessment hearings. TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: CT - l d� Mr. For ma moved. That the above communication from the Commissioner of Assessment and Taxation dated November 3, 2011, be received and filed;.and That Mr. Richard Abrahamson, residing at 117 Norwood Avenue, Buffalo, New York, 14222 is hereby re- appointed to the Board of .Assessment Review for a five- -year term commencing on December 3, 2011. ` Passed. -7- TAB: t:Iwp6ftswordlrmvl7c 11- 15a.doc W \2� 7 AYE NO . & , .FUNTANA ■ . � . 4 § a . . GOLOMRFX . . a - - —� - -� LOCURTO e & . , PRIDGEN ® A. ® ± -RU '■ ■ � ■ & g � . . - -- . a . —�� k - - -a . � ■ ��� � ■ �� , 0, # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: November 3, 2011 DIVISION: SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Assessment & Taxation [: Board of Assessment Review [: Appointment, Temporary Members [: Warren Glover and Arthur Robinson TEXT: (TYPE SINGLE SPACE BELOW) I am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve, if necessary, approximately twenty (20) days as needed during the time period of January 2012 to mid - February 2012. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These two (2) temporary board members working in conjunction with the five (5) permanent board members will allow this office to establish mini - boards if needed. At times in the past we have needed to use all five (5) permanent members and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assures the smooth functioning of the review process. Therefore, I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members. Warren Glover, 17 Newport Avenue, Buffalo, New York, 14215 Arthur Robinson, 192 Maurice Street, Buffalo, New York, 14210 TYPE DEPARTMENT HEAD NAME: Martin F. Kennedy TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: ' �� Mr, Fontana moved: That the above communication from the Commissioner of Assessment and Taxation dated November 3, 2011, be received and filed; and That the following individuals are hereby appointed to serve one year terms as temporary Board of Assessment Review members: 1. Warren Glover, 17 Newport Avenue, Buffalo, New York 14216. 2. Arthur Robinson, 192 Maurice Street, Buffalo, New York 142101 Passed. in TAB: t:hvp6ftnsword\nnvl8c 11- 15a.doc \� ^ ^ AYE * AO * . NTANA. \ FPANCZYK k . k ■ . LO K% . e .XEA ■ A . . £O TO e ■ ■ PRWGKN ® ® RnTgA A A a � . RUMELL ■ . . - . ■ . . sNffm f ■ A » ' - & a ■ . 213-6 q & ■ 314- 7 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS November 15, 2011 0 #1 (Rev. 1/93) ANGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 2, 2011 FROM: DEPARTMENT: Public Works DIVISION: Engineering SUBJECT: Change in Contract Safe Routes to School Hamlin Park School Project Contract #9300063 8 [: PIN #5758.95 PRIOR COUNCIL REFERENCE: (IF ANY) [: ( Item No. 31 C.C.P. 05/26/2009 Contract Summary: Contract Amount $ 83,348.60 + Amount of Change Order $ 29,383.00 Revised Contract Amount $ 112,731.60 I hereby submit to your Honorable Body the following change for this contract. Bergmann Associates is the Consultant providing construction inspection of the Safe Routes to School --- Hamlin Park School #74 Project for the City of Buffalo. This contract provided for the construction inspection of this project. This project was originally anticipated to conclude prior to the winter months. Due to bid delays and long lead times regarding traffic signal poles, additional inspection will be requited until nest season. This increase is necessary to fund additional inspection services needed for this project. I certify that this increase is fair and equitable for the work involved. The funds are available in Capital Project Account # 32311606 - 445100 and an account (s) to be named at a later date. PJM /JDB /JJP:dab CC: Steven J. Stepniak, Commissioner TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: ( Clu1 »geOrder- SafiRoutes`I'oScliool. doex) i Mr. Fontana roved: That the above communication from the Commissioner of Public Works, parks and Streets elated November 2, 2011, be received and filed; and That the Commissioner is hereby authorized to issue Change Order Number I in the amount of $29,3.83.00 to Bergmann Associates as the consultant on the Safe Routes to School - Hamlin Park School #74 Project for the City of Buffalo as a result of bid delays and long load times for supplies. Funds for this project are available in Capital Project Account ##3231 1606 - 445100 and an account to be named at a later elate. Passed.. _9- TAB: tAwp66VuswordlmivWc11 -I5a doc � a ^ AYE`NO ^ . . � £0NTANA e ■ - � FRAN CZYK 4 . � GOL � — / -- -- – -- � .� §- �w & ■ LO 7O . � e PRIDGEN ■ a. A RWE a £ a a mmm # 1 (Rev. 1/93) SINGLE- -PAGE COMMUNICATION TO THE COMMON COUNCIL O: THE COMMON COUNCIL: DATE: Nov. 9, 2010 FROM DEPARTMENT: PUBLIC WORKS, PARKS & STREETS DIVISION: WATER SUBJECT: [: Change in Contract [: Contract #930.00670, Visone Construction [: Water Distribution System Improvements [: Various Locations #3 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I hereby submit to Your Honorable Body the following change order For the Water Distribution System Improvements - Various Locations #3. A total cost increase of $110,500.00 due to the installation of approx. 2,200 lineal feet of new curb and under drain pipe on Myrtle Ave. existing curb was deteriorated and new curb was needed for proper street drainage and aesthetics prior to the required pavement restoration. The change order amount also includes cost for the actual unit bid quantities required to complete the project. The Following change order will be required to complete and close out the contract work, the costs are summarized below: Original Contract Amount: $ 1,551,768.57 This Change Order: $ 110,500.00 Total Contract $ 1,662,268.57 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 Visone Construction Inc., for $ 110,500.00. The funds will be available in Division of Water accounts 53220736 445100, an account(s) to be named at a later date. TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. City Engineer F OR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: 4 1 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, parks and Streets dated November. 9, 2011, be received and filed, and That the Commissioner is hereby authorized to issue Change Order Number 1 in the amount. of $110,500.00 to Visone Construction, Inc. for Contract 493000670, Water System. Distribution System Improvements — Various Locations #3 clue to the installation of approximately 2,200 lineal feet of new curb that was needed for proper street drainage. Funds for this project are available in Division of Water Account #53220736- 445100 and an account to be named at a later date. Passed. -10- TAB: t:hvp60\jnswordlmsv\10c 11- 15a.doc * AYE * NO * 0001 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 4, 2011 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks and Recreation ; 7l` ] i0Ii11l0 Lei II M : I�- T01 at �Tf�l The Department of Public Works, Parks and Streets hereby requests your Honorable Body authorize and direct the Commissioner to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Buffalo for implementation of the Massachusetts Avenue Park Phase II project. The City of Buffalo match for this grant is $100,000.00. Funds are available in Capital account #34400206, and other account(s) to be named at a later date. g� Steven J. Stepniak Mr. Fontana moved That the above communication from the Commissioner of Public Works, parks and Streets dated November 4, 2011, be received and Filed; and That the Common Council hereby endorses the City of Buffalo's New York State Consolidated Funding Application for Massachusetts Avenue Park Phase 11 Project and authorizes and directs the Commissioner of Public .Works, Parks and Streets to file an application for funds from the New York State Office of Parks, .Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $300,000 and upon approval of said request to enter into and execute a project agreement with the State of New York for such financial assistance to the City of Buffalo for implementation of the Massachusetts Avenue Park Phase 11 Project. The City of Buffalo match for this grant is $100,000,00. Funds for this project are available in Capital Account #34400206 and an account to be named at a later date. Passed. -11- TAB: t:lwp60\TnswordVmv1l Id 1- 15a.doc �7 :7 ® AYE * NO * . & , #O ANA a ■ - 4 C k . . A GO LOA DE K & ■ � !R N & -& - - - -� A - LOCUR ■ . � e PRMGZN « RIVER e m ■ a 0001.21 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL � TO: THE COMMON COUNCIL DATE:,Nov. 10, 2011 FROM: DEPARTMENT: Public Works, Parks & Struts DIVISION: Engineering SUBJECT [: Permission to Enter into Agreements f: with FHWA. FTA, NFTA, NYSDOT and BNMC [: for the Design, Construction and Inspection of [: Buffalo Niagara Medical Campus, Phase III [ Aden Street Extension Project [: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) have designated funds for the design, construction and construction inspection of the Buffalo Niagara Medical Campus, Phase III — Allen Street Extension project in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TI.P) under PIN # 5757.95. This project would extend Allen Street from its present terminus at Main Street through the Alien Street Metro Rail Station to Ellicott Street in the Medical Campus. The NFTA, Allentown Association and BNMC are in full support of the project. It is necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the inspection and construction of this project. Cc: Steven J. Stepniak, Commissioner, DPWPS TYPE DEPARTMENT HEAD NAME: Peter J. Merro, P.E. TYPE TITLE: City Engineer (BN MC-AllenSt. Extension-enteragreements- 11101 1.doc) .. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 10 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets and/or the Mayor of the City of Buffalo in hereby authorized to enter into all necessary agreements with the FHWA and NYSUOT to administer the Buffalo Niagara Medical Campus, Phase ITT Allen Street Extension Project, which is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN ##5757.95. Passed. TAB: tAwp601mmwordlrmv112c11- 15a.doc \l * AYIE ® NO * . A . . . #0NTANA ■ — \ -- . � F . t > k . ■ . , ■ . £O a ■ ■ . . . A . . . MARNS - k ■ - £O TO ® & A PRMGM a - * R WEPA e m ■ , � -RUSSFL A & a ■ - sbffm ■ . . 5 28- & A & ■ 44. 7a e s #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 9, 2011 - 0 0 FROM: DEPARTMENT: Public Works Parrs & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Asarese Matters Community Center {: Floor Reconstruction [: Job #1173 [: North District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: V I advertised for on October 16, 2011, and received the following formal sealed bids for the Asarese Matters Community Center, Floor Reconstruction, which were publicly opened and read on November 7, 2091. Miller Enterprises $54,000.00 12 Newfield, Buffalo NY Continental Flooring No Biel 9319 N 9 th Way, Scottsdale AZ C Nichter Construction No Bid 30 Wildwood, Lancaster NY, I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of Sixty Four Thousand and 00/100 Dollars.($54,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 34323106 451000 a Buildings. SJS /PJM /U1 /dlg cc: J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: 9_d Mr. Fontana moved: That the above Communication from the Commissioner of Public Works, Parks and Streets dated November 3, 2011 be received and filed; and That work be ordered from Miller Enterprises, 12 Newfield, Buffalo, NY, the lowest responsible bidder in the amount of $64,000.00 for the A:sarese Matters Community Center, Floor Reconstruction. Funds for the project are available in 34323106 451000 — Buildings. Passed. _13.. TAB: t:levp6G\ mswordlrmv1I3c11- 15a.doc *AYE** I FONTANA FRANCZYK KKARN LOCURT PREDG ��� 93 (Rev 1 -02) 0 0 0 1 4 Certif In compliance with provisions of Section 24 -2 of the Charter and Chdpter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appoinunent(s). or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the ]Inman Resources /Civil Service for The Appointment Effective: in the Department of P ub l ic Works, Parrs & Streets Division of Water to the Position of Chief Pumping Plant Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP ,(Enter Starting Salary) : Staving Salary of $ 38,639 LAST JOB TITLE Sr. First Class Stationary Engineering NAME Andrew Moffert LAST DEPARTMENT DPW DATE 10191 ADDRESS 776 Abbott Rd. LAST SALARY $37,293 CITY & Zip Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX - XX - 5040 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003719 TITLE CODE NO 4521 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ. NO 2010-175 SALARY RANGE OF POSITION $36,050 ® $44,000 PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: I0l27111 SIGNATURE OF APPOINTING AUTHORITY: Ut {ICiTtVAt +;j WHILb I U: I U tvlrs rune Hr 1'LJktV i m tv vr� i OT COPIES TO: #5- COMPTROLLER #6- hiUMAN SERVICESICIVIL SERVICE #7 BUDGET #8- DEPARTMENT #9- DMSIt3N #10- EMPGOYEE(S3 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES November 15, 2011 #1 (Rev. 1193) Single Page Communication to the Common Council __ To: The Common Council: Date: November 10, 2011 From: Department of Economic Development, Permit & Inspection_ Services Division: Office of Licenses Subject: [: Used Car Dealer [: 59 Stanislaus Willmore) Type in Upper and [: Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text (T e Sin le S ace Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 59 Stanislaus and find that as to forth is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it. complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Erin Moran. The attached thereto for Erin Moran /dba/ Erin's Tires & Automotive. This request is submitted for your approval or whatever action you deem appropriate. REFERRECYTO THE COMMITTEE ON . low Type Department Head Name: Type Title: Signature of Department Head: JC:PS:jad Interdepartmental Onto: September 26, 2011 To: James Comerford, Commissioner From-. Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 59 Stanislaus Per City of Buffalo Ordinance Chapter 254, the, following is a check list of requirements f Used Card Dealer application to the Common Council: Zoning Office Fire Prevention F Building Inspection i' Police Department Police Record Check Application Permit & Inspection Services Date AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: ERIN'S TIRES & AUTOMOTIVE LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 59 STANISLAUS (716) 895 -0338 F1 08 ERIK! MORAN (716)289 -5961 560620 12/30/2010 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE- REMARKS: NEW LICENSE 2011 DISTRICT CAPTAIN: l APPROVED DATE: DISAPPROVED DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW x ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P-147C (REV. 9108 Buffalo Police Department Identification Section 74 Eraukl%u Street Buffalo ; New Fork 14242 a E • 4�' P : 16 There is a $ I0.00 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 SIG NATURES MUST DE ORIGINAL X,,SIGNATURE OF APPLICANT XR,gT j2.- - 7- )0 STATE. OF NEW YORK ) COUNTY OF ERIE } SS, CITY OF BUFFALO ) On the day of - d W O . , t-& 20ja 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. BUFFALO POLICE DEPARTMENT CRIMINAL BACKGR REPORT � DATE OF INQUIRY: 1 2121/2010 14,4 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: MORAN, ERIN DATE OFBlRT . RACE: SEX: ADDRESS:, SOCIAL SECURITY #: PCN: NYSID: BOOKING /ALIAS NAMES: MORAN, ERIN WARRANTIWANT INQUIRY - REFER TO WARRANT #: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. .USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY RE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE DISPOSITION 11105/1997 BUFFALO POLICE DEPARTMENT VTL 0811 0.1 REFER TO: BUFFALO POLICE DEPARTMENT 02/2711990 BUFFALO POLICE DEPARTMENT VTL 0511 01 DEFER TO: BUFFALO POLICE DEPARTMENT 04/20/1998 BUFFALO POLICE DEPARTMENT CPL 420.10 PO 160.55 SEAL.. VTL 0509 01 05/29/2000 BUFFALO POLICE DEPARTMENT PL 240.26 03 DEFER TO: BUFFALO POLICE DEPARTMENT PL 240.26 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 260.10 01 REFER TO: BUFFALO POLICE DEPARTMENT S NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAG E: 1 ORCHARD PARK POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT DATE OF INQUIRY: 12/29/2010 1 5.02.:0 RE: RESPONSE TO REQUEST FOR BACKGROUND REVIEW TO DETERMINE IF CRIMINAL RECORD INFORMATION IS CONTAINED IN THE ORCHARD PARK POLICE DEPARTMENT ARREST BOOKING /HISTORY SYSTEM. SUBJECT HAS THE FOLLOWING RECORD WITH THIS DEPARTMENT. NAME: MORAsN, ERIN IN DATE OF BIRTP#I#W RACE: SEX: ADDRESS: , SOCIAL SECURITY M. PCN: NYSID: BOOKING /ALIAS NAMES: MORAN, ERIN WARRANT/WANT INQUIRY - REFER TO WARRANT #: THIS REPORT DUES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION MAINTAINED, IN PART, BY THE ORCHARD PARK POLICE DEPARTMENT.. THE TOWN OF ORCHARD PARK POLICE DEPARTMENT CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THESAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAVA, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FIDES. ARREST DATE REFERENCING AGENCY CHA DISPOSITION 07/11/2007 ORCHARD PARK POLICE DEPT PL 170.65 01 REFER TO: ORCHARD PARK PL 155.25 REFER TO: ORCHARIAPARK FIDLICE k . t7rcha d I rte Police pepartxneft 4295 lout Buffalo Street Qrcliard Park, NY 14127 NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED.. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE. PAGE: 1 CERTIFICATE i _ O STATE @F. NEW YORK ORCHARD PARK MILEAGE COURT ERIE COU *TY CRIMINAL PART PEOPLE OF THE STATE OF NEW YORK vs. ERIN M. MORAN; Defendant C,-SE NO: 0706.0024 Date of Birth:' ; ipailakw an JC501 no: 5931:8349Y Date of,,Arrest: 08/0212.007 NYSID no: 096135584 Disposition Date: 11/01/2007 , A z Section Section Ticket No & C �r e is Deed Descri i n Dis osition Fine CivilnFee S rch PL PL 155.25 240,20 DISORD CONDUCT U0 PL PL 170305 24010 DISORD CONDUCT Dismissed 0.00 0.00 0.00 Upon a proper request for an official statement of disposition, I certify that the above named defendant having appeared before this court was charged as shown above. Each of the charges was disposed of as indicated. Dated: The 9th day of March 2011 LTu e /Clerk 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 CITY OF BUFFALO OFFICE OF LICENSES 30:1 CITY HALL BUFFALO, NEW YORK 14202 INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT:.TgRE PRE�ON REFERRED TO: LT. POCZKALSKI APPLICATION FOR: ERIN'S TIRES & AUTOMOTIVE LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: BUSINESS PHONE: C OUNCIL DISTRICT: POLICE DISTRICT: APPLICANT •NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DAZE: DISAPPROVAL REASON: 59 STANISLAUS (716) 895 -0338 Fr 08 ERIN MORAL (716 )289 -5961 560620 12130120.10 NEW. LICENSE 2011 g . ,r (TO BE COMPLETED BY AGENCY/D PARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWE APPROVE DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW*** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppShp2.rpt LICENSE TYPE: USED CA1t �}EAL�R BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL.'PHONE: APPLICATION NUMBER: REFERRAL DATE: 59 STANIST AUS (716) 835 -0338 P1 08 ERIN MORAN (716) 289 -5961 560620 12/30/2010 REMARKS: DISAPPROVAL REASON: (.TO BE > COMPLETAP, BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.,OF EIEI M$. A UWED APPROVFD DATE: 1 DISAPPROVED DATE: DISAPPROVAL DATE: CALL BACK ** *REASON FOR DISAPPROVAL: `DE TA'I' D` 3ELOW * ** INSPECTOR RM# EXT Y,24L AF I R INSPECTION PLEASE COMPLETE AND RE's! `i"III MAgM Oj' THE OFFICE OF LICENSES. THANK YOU A�psf��z:rp, I REMARKS: DISAPPROVAL REASON: D 13E COWLETE0, BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF APPROVED / DA'V'E: DISAPPROVED DATE: DISAPPROVAL DATE: CAIJ, RACK fee Wised Car Dealer fee $262.50 El Tire Handler I $118.00 Tire Storage 1[nformatiorn 10 -1000 tires Inside Storage n o ®. Second Hand Dealer $118.00 ® Tire Handler H $262.50 _yes Outside Storage — yes _ no over 1000 tires; Include NYS Environmental Conservation Law fart 360; Storage plan and ® Scrap Processor $ 78.75 General Liability Insurance at least $50,000 ® Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 ® Wholesale Junk Dealer $262.50 must contain I0 clay cancellation dause with 1] -25 tables $155.00 the certificate Balder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Names .`' Business Phone 5 3 Y Business lrianne (dba) iG c' Business Fax Business Address (no Po Box) Lt Mailing Address (if different) NYS Tax ID # '- 100 3 a 2 0 Business Website E -IMail Owner(s)/ Principal Partners Applicant (East, trust) rn_ rr��`7 Home Ph ©ne l Home Address: (Po Box not acceptable) ' Z 0 4 Date of birth I, Place of Birth /t, _ -_ Co- Applicaut (last, bust) Horne Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. I ; Sub "bed and swo to before me f day of 20 f o issioner o Reeds in an or the City of l3nffalo, Now York Horne Phone z//nr I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely - abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief Print Name A A0 Signature C � � Date / 2- °" 17 -10 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING November 15, 2011 Q:. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: October 17, 2011 FROM: DEPARTMENT: Department of Community Services and Recreational Programming, Division Division For Senior Services, Rm: 8A, City Full 65 Niagara Sq. Buffalo, NY 14202 SUBJECT: [:Permission to purchase a new van G C� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) The Division for Senior Services is requesting permission to purchase a 8110 passager van that will be used to provide medical transportation, grocery shopping, field trips, and other recreational opportunities that can improve the quality of life for the elder living in the City of Buffalo. This purchase will increase our active fleet to three (3) vans. This van will be parked at our Richmond /Summer Senior Citizen Center. This vehicle is not a "take Home" vehicle. Funds have been appropriaited in the Senior Services budget line:16512007- 474200. SIGNATURE DEPARTMENT HEAD TITLE: Deputy Commissioner of Community Services and Recreational Programming. IL b 1 Mr. Fontana moved: That the above Communication from the Deputy Commissioner of Community Services and Recreational Programming be received and filed; and That the Division of Senior Services is 'hereby permitted to purchase an 8/10 passenger van that will be used to provide medical transportation, grocery shopping, field trips and other recreational opportunities that can improve the quality of life for the elderly living in the City of Buffalo. This purchase will increase the Division's fleet to three vans and will be parked at the Richmond /Summer Senior Citizen Center. This approval is conditioned upon the vehicle not being authorized for take home use and it being properly marked with the City Seal. Passed, -16- TAB: tAwp6ftisvorftnv116c11 -1 Sa.doc AYE * N � DANA t FROM THE CITY CLERK November 15, 201 I Liquor License Applications 0 0 0 1 "j Attached hereto are communications frorn persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board, Address Business Name 220 Allen St French Quarter Cafe 59 Allen St Cafe 59 1795 Hertel Colonic Lounge 107 Delaware Statler Hospitality 107 Delaware Rendezvous Owner's Flame Joe Gillombardo Christopher Connely Kathleen Paradowski Mark Croce Mark Croce RECEIVED AND FILED DINIMON z. SFATE. LIQU,111 AIJIMM IT _71 FOR NEW APPLICANTG, PROWDE DMCM HELOW UBIUG A I, IM'ORMATI N HNOWN TO DATE Wmo L 0 FOR ALTERATION "PLICANTS, ATTACH COMPLETE DESCRIPTION AND DIFLORAM OF PROPOSED ALTERATION(S) FOR CURRY-UT LIMNSKES, SET FORTH APPROV8V MLTROD OF OPBRkrION ONLY DO NOT USE THIS FORM TO Cff"GE YOUR METHOD OF OPP-RATTOW ohos or to "indr.1 the w1m: 8cpc ")3j;Y � 1 qv�fw Wine, am� Tk vl F-1 -- -- - ------- ;,k) I "1¢ a! Vcnwr ! i tAk011"! nl�!efs !(-ga; of How! ji-xi --J- j 11 Lj rm. S, aw: Hi SMIX" Li q 0i hv; Cowled S,11 hm. Owo l.d, cafi k Ej 7. Wij! a a withul file hutjl,5u M" 8. w i (). ) 0. 2i. 22" 2 J ii'me na& ii al( vAlid: illresmillhA'allem, cumlilf Is is whi,hfias tilc followplt, ST,"Cl -addrss: NY 'I ht v` 1U(alcd on ht' ! Of 0 f i ill. omgm wi!hil: I; Eel e55 MqIhmw l'unilcr of I "iow;r faK mvnt r of ,,ll(11,t.tn[/liu n x: -. ! -� 13 ;3si!erSSE• Flo al3p!iCant." iiems NO 2( ii't bu�ldinLi-,! whi Ole Cmnh-te the 3 t-wsies ord 111 3 nir CS LL' Yes -at lu-m No. =1:L_ g g !.N WfltCi17 i.iC1,', g Ownul owne� ,-, slr"5 ! add Hren,,�— or ann,l or m annivilir .11, fcr Oil: ill ljli� form ale la co:11('11�1ity ,':fjj1 �1 ul-lde�m�azld tllva mad" 1' 011s f he },?{11S 31 al thtO F mmw - -esWl : l - . oflhl 11 t 11117 0 of Hu lj;% f! j. , jtl F ell Mt j f peyjU ry 0 nv T co �i Revi'I'd I G6 22it I SHERREE MEADOWS, ESQ. 88 W. UTICA ST. BUFFALO, NEW YORK 14209 (716) 870 ®9669 October 17, 2011 Gerald Chwalinski, Chief City Clerk City of Buffalo 1308 City Hall Buffalo, New York 14202 Dear: lvlr. Chwalinski: Enclosed, per Now York State Law, find a 30 Day Advance Notice of a Wine and Beer Only On.- Premises Alcoholic Beverage License for Caf6 59 located at 59 Allen Street, in the City of Buffalo. Thank you for your time and consideration in this matter. Sincerely, Sh6r e i� s Es . �lj V Standardised NQTICE FQM forProvidinga 1 V 3tl -Dav Advtt��e Notice to a Lott Municipality or Community Board in connection sirti the submission to the &a igvarAurhat*y ofa (CFIeek One New A RUCation enewal A ffiieotion El Alteration A lication fir a ft ftftises Alcoh Revenme Licen 1. Bate the original copy of this Notice was mailed to the Local Municipality or Community Board: 0 ¢ Tims 30-PAY ADVANCEVOT'ICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALI`T'Y OR CO BOARD '. k ` i' �M STATE OF NEW YORK �•.��' a EXECUTIVE DEPARTMENT FOR CI)RR WT LTC&lf8M, 8ZT F09TR APPROVED Ml# $i 00 OF OPERATION ONLY DIVISION OF ALCOHOLIC BEVERAGE CONTROL 3 STA'T'E LIQUOR AUTHORITY V Standardised NQTICE FQM forProvidinga 1 V 3tl -Dav Advtt��e Notice to a Lott Municipality or Community Board in connection sirti the submission to the &a igvarAurhat*y ofa (CFIeek One New A RUCation enewal A ffiieotion El Alteration A lication fir a ft ftftises Alcoh Revenme Licen 1. Bate the original copy of this Notice was mailed to the Local Municipality or Community Board: 0 ¢ Tims 30-PAY ADVANCEVOT'ICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALI`T'Y OR CO BOARD '. 2. Name of the Local Municipality or Community Board: i' �M a PORNM AFP7[tI . CAN". . PROVIDE 'D 4WiX$7` Off LO WV$ Yt (0AIJJMMRMATjOX$�OF7IY'TO17A1$ FOR AUTERATION APP YCAWM 'ATTAICA 't,O Pi,M IDEWRUMOICAND DIAOR" OF VIXOPMZD ALTERATION($) FOR CI)RR WT LTC&lf8M, 8ZT F09TR APPROVED Ml# $i 00 OF OPERATION ONLY DO N06T?I7tIE Tins FOItAN TO`CIIANtIR VOOR ! ` 015 SO OPERATION 3 Type(s) of alcohol sold or to be sold under the license Beer Only Wine and Beer Only Liquor, Wine, and Beer Extent of Restaurant (Sale of food primarily; Fill food menu; F1 Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily 4, food service: 1 one Y Kitchen run by chef) meets legal minimum food availability requirements) 5. Type of hive Disk Juke Patron Dancing Hotel 11 [] � [] [] Cabaret, Night Club, Discotheque Capacity for 6( � establishment: Music Jockeey Box (small Scale) {Large Seale hence Club) or more patron ( a all that apply) Club ( Golf / lied 8s Catering Baraoke Recreational Facility Fraternal al Or Breakfast Faeili Bar less Restaurant g } ty (Sports Facility /Vessel) M 0 . Ent G. Licensed tdoor None Roofs patio Freestanding Garden / Sidewalk Other p 11 Deck Covered Structure 11 � ou area: or Grounds Cafe (Specify): 7. Will the license holder or a manager be physically present within the establishment daring all hours of operation? (% ne : YES NO 8. License serial number: t / C 9, Expiration Date: 10. The applieant's or license holder's full name, s it r` ' appears or will appear on the nee: . d 1- 11. The trade name, if any, under which the establishment conducts or will conduct business: 12. The establishment is located within the building I J l s which has the following street address: . S 7G= /U 13. City, Town, or Village: t NY zip ode: LC} I 14. The establishment is located an the following floor(s) of the building at the above address: t 15. Within the building at the above address, the establishment is located within the room(s) numbered as follows: i t ' 1 q x t L- 16. Business telephone number of applicant /licensee: � � . � � � �' k 17. Business fax number of applicant /licensee: j 18. Business e-mail address of applicant /licensee: Ce e L 3 tom, Does the applicant or license holder If "YES ", Mp itoin No. 20 -23. If `NO" ANSWER. items No. 20 -23, 19, own the building in which the Complete the 3 entries and complete the 3 entries ® establishment is located? ( Yes at Item No. 24, at Item No, 24, OWNER OF THE BUILDING IN WHICH THE LICENSED ESIABUSHMENT IS LOCATED 20. Building owner's full name is: 21. Building owner's street address: s -A 22. City, Town, al Villager -- �\ Zip Code: j 29. Rosiness telephone number of building owner: I am the applicant or hold the license am.a prmcipal of the Iegal entity`tllat holds or is applying for the license Representations In this form are in conformity wit representationa.made in .submitted locumeuts relied upon by the Authority when granting the license. I understand that' representations made in this form will also relied upon, and 4hat false representations may result in.disapprovai:of the application or revocation of the :license. 24. By my signature, I affirm -under Penalty of Perjury that the represeawtions made in "aft true. Prin me 'Ade Signsiure _ - 1(t f fi Srardnrdired NOTICE FORM � r fnr PraNdingu 30 - ➢a dvanee No ice m a La al Mugiclaillia ar Cormoujilty Board STATFOFNEWYORK EXECUTIVED13PARTMENT conrelien i!hlherubni sionlntkeSrareLiqunrd rkalryo /a�CI DIVISION OFALCDH BEVERAGE CONTROL 9`, New A ppiica$ ion (7 Renewal Application CI STATE LIQUOR AUTHORITY Alteration AMlicatim f•k iV6 MDV-1 0 i h('' f r far nn On- Prem35es Al ohallc Bexcee c License ] • pate the original copy of this No €iee.was mailed to the Local Mutiicipalityor Community Hoard: 2 0 "�ItIS 3Q 13AY ADVAA74B )VOTIC813 ISfNCr Ptt ©VfARi) TO TIICI ERIC [3P TFIII PbI 4{3311 fC1 LOCAL SvIl1TICIPfeL[1 Y f71tORfMLIr1 [ Y I3i]AiITS . 2. Name of the Local Municipalky Municipality or Community Board: j FQR NR'H' AI�i�I;TC¢I�'1'$, RI{D }`tO� FES>rRl]'I`I(}N $RLt#�t` UBRY� r1klL 11�'1)bllil�A`I`tOh 3�lal'l!h TQ AAT� Ft7RAITIIIi TION "AP7Pl ICr#]\SATIA€ li> IPTTE➢ PSCRIPTIGIiIAIIAbIAfvRAIiQPPtOP [ISI I?ALTRriilt�ll {S) F(3R GU iT 1VT T T fd3E S, SE7 ROR 3 A AI'I'RfTVETI NTR IFfQA AFfSR ILA TION ONLY " itO- NQI115EIACS O, RM[ E).( Hr43�GIIY (IpRE4IE'1`AQF)0F01CkAiION 3. Type( S) ofsicol€ ol sold ortobe sold under the license ( "X " pas): Beer Only Wine and Beer Only Liquor, Wine, and Beer Extent o 179 q, food servicef Restau €ant (Sale of food primarily; Fail food menu; Kitchen run Tavern! Cocktail Lounge /Adult Venue i Bar (Alcohol sales primarily— meets legal one bychut) minimum food availability requirements) Capacity 5 Type of Holel Live Disk Juke Patron Dancing Cabana, Night Club, Discotheque for 60€1 establishment: Music Jockey Box (Small Scale) (Large Scale Dance Club) or more Patrons Recreational Faeili ("X "alt Club (e.g, Golf/ Bed& Catering Kara Stage Topless /{DW 5 orts tha €apply) FraternalOrg.) Breakfast Facility Bar Shows � EntenainMont p4cilityNessel) Licensed outdoor Patio Freestanding Garden/ Sidewalk Other b " area: Nona Rooftop or Deck ❑ Covered Structure Grounds Cafe (Specify): 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( "X" ai e ; YES NO c„ S. License serial number: ' 3 r'i., , lr F l=, C.I+,E i' �� 9. Expiratiml Date: 4i 10 The applicant's or license holder's Boll name, as it appears or will appear on (he license: l✓ (�L.> -:;' ll�. (, ( C.,,. ] i The trade name, if any, under which the establishmem conducts or will conduct business: 12 The establishment is located within the building which has the r- following meet address; 13. Ci(y,'''own, or Village: �` NY Zip Code: NQ J �,;, 14. The establishment is located on the following floor(s) of the building at the above address: {j li. _ Within the building at the above address, the establishment is located within the room(s) numbered as follows: Ir i Busimastelephone number afapplicanttliconseu; �g M Business fox number of applicanWicensee: - Business e-mail address ofapplicanrllicensee: r Y - o-7 �.��1.ol: Does the applicant or license holder If "YES ", SKIP items Na. 20.23, lf` NO ", ANSWER items No. 20.23, 14. _' own the building in which the Complete the 3 entries slid complete the 3 entries eslablisbuium is located? ( "X" on Yes ® at Item No, 24, No Ld4 at Item No. 24. " .,� � ' (, I�SIN�A(? F' I` �1�B13R, 13' �G7�fW�( CI[ �T. IC �l )�SY'A��ISII�ti�'S1ST- 4CAI'E13 20. Building owner's full name is; ., .): -' "' r / s 21. Building owner's street address: l.-! 22. City, Town, nrVi lla g e: zip Code: 23. Business telephone number of tiuikling owner: Latin (he appltdatl3 of ba((i tie Iic"sanr ala a pftc of 1 q teg3I entity thatholds oris Opplyt€t(i of,. ' e ltccnso. [tepresenlatirii3?n is fo nt are €a eou64nhy th yrles nt8tiorismade sn submthed docunwrtCs raliezl upon lt tt e Avtlsonty s4hott granijt g the Il its s; I un"ders;a0d That rep"nintiona (Wade in this total will ai r be relied upon, and Ibat false mprosenitittorcstaay psultir€ dtsappraval of - ;: '. thea�blsrl< tltrltortev4raitonafthalEi :e€€se r . �Yray stgri�tt€re i a1(i at utxi @r 24 heslalty of I'erj€tYy d€st ShSreprescubahvas A In is fohn are due r prinfuS tv'eux 'rirk SiguRxe �f 111 1� D -ice oul g e, S " +...r' W c .,a � J �.k� -... r } f .. .. , .. , ✓' n �... J .. � C�..' r �u�-'� Pfie �s i A.06 2s de s f us C upeewr Is tj ' STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC 13EVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized NOTICEFORM forProvidinga 30 -Dav Advance Nnticc to a Local tMunicinalily or Community Board in camecitan with the mbniiuian to the State LigaarAritharity ofa (eked( one NeNvApplication IN Rene -wal Application ❑ Alteration Applicationg Con orate Change ❑ for AR.fln- Premise Alcoholic Bevera a Liceuse CORRECTED NOTICE. 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: O 2 0 THIS 3D d7AY ADVA1SCFa:HIOi ICE CS UCt1jG 1�ROV1Dr�I�;TO Ti1,G11?RIC OF THE POl 117fU1i$Cz I QCAL Mt11VIGiPALII t'QR COA71Sfl3Pf11Y $OARD ; .. ._f -_, ��. _.. .._;.. _.. _,. 2. Name of the Local Municipality licipalltyor Community Board. City ©f Buff ala — C1tY Clerk S Office FS3RFIVd Al=k`L fCAN 1 S, Pl2ab 1Z1;st✓13H US1Nfr ALTS lNF DRA33 trrtltivx tb DATA NQR ALTETtlIt`iTOD7 A;S�i�l;l3,t�1�`$f #'IT�`AG'II �nldrliS'l?k ��SCYt�ll'�`SUN ,AIi� I1TPiG aF 1'Xt9�Ol31,T.D 1�,L�`ERA3'IQN[i;i} ': �qit Cl7Ri�1!13'�;1ORI>I$1�F8, t3�i'f` R$$�i`H�PP}�E�[i1.TiD i;�HaI3 OF Ul ?13HR'1'lO1Q aHly'Y ' '. -'-) �U_ HQ3' U�Eil'! �[]> 5T+` f): Ct)'. Ck[ 31C:YgU�t.1'1HOI�UFiDP�I2ATIt1N 3 Types) of alcohol sold or to be sold under thelicepnl Seer Only El Wine and Beer Only Liquor, Mine, and Beer 11 ry Extent of X Restaurant (Sale of rood primarily; Full food menu; Tavern/ Cocktail Lounge / Ad€ R Venue /Bar (Alcohol sales primarily - n, food service: Kitchen run by eheQ meets legal minimum food availability requirements) 51 Type of Hotel MV Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 establishment: Music Jockey Box (small scale) (Large State Dance Club) Or more patrons ("V al l s Club (e.g. Golf / Bed & X Catering Karaoke stage Topless Recreational Facility F-1 F-1 ❑ that apply) Fraternal Orgj Breakfast Facility Bar Shows Entertainment (Sports Facility/ Vessel) ti Licensed Patio Freestanding Garden / sidewalk Other No ne, Roof ® F1 outdoor atea: or D Co vered St ructure Grounds Cafe eeif (SP Y ) 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( "3C" one : YES NO 8, License serial number: 9. Expiration Date: n d M 1Q The applicant's or license holder's full name, as it S �a� �,apd S er vic e, � appears or will appear on the license: 1 1. The trade name, if any, under which the establishment S to t l e r Hospitality conducts or will conduct business: 12, The establishment is locatcd within the building 107 Delaware Avenue which has the following street address: t3. City, Town, or Village: of falo NY Zi Code: 14202 Zip Code: The establishment is located on the following floor(s) of the building at the above address: 1st & and £1r ballroom ,palm courtyard, main lobby, 15. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant /licensee: 7 1 6 1 8 1 . 5 3 _ 3 1 3 0 0 I/. Business fax number of applicant / licensee: 7 1 6 - 0 7 - 2 13. Businesse - mall address of applicant/ licensee: markcroce@gmail Does the applicant or license holder if 'YES', SKIP Items No. 20 -23. If - NO', ANSWER items No. 20 -23, 19. own the building in which the Complete the 3 entries and complete the 3 entries 13 establishment is located? ( °7i one Ye s Item No, 24, NO at Item No, 24. Z7F�11}�'� BUII,j]I1�� 11+3�J1��K�'C�TE I�ICI�N'SS�I �S't'ABLISH�()b`1'I'C l;y l,t�CATi�I} 20. Building owner's full name is: Statler Cit t LLC 21. Building owner's street address: 2 5 7 Fra nklia St reet 22, City, Town, or Village: $uf fall NT Zip Cad.: 14 202 23. Business telephone number of building owner: 7 1 1- 6 _ s 1 4 2 _ 61 81 0 0 i ariasi�� appltaane at lbj'd t�e.Iidgn>� o�ati�� 1a €pi € C1te 1G8� e�ittly"Stha61T4Ia�sgr la ap�ilyln� far the ltcense 1�tipressnta§iaa�s ir`rthis form ark in t.2mfortii�tywt€h , I'eprnthtldijs r�hde th'atlhmtlted n �1iat� tii�r5�6y �zy?/1ttlital�ll' Whelp �rt�ftlr}$ thg itc�€tge 1 Under�t>�d- that repte�e�tataans rttade fti this form vnA also be tKad ?lpaRA axicl tYi &1lsrere8ettt4lby zesul}tt StJPpoval pf�tl app[?eattarzarevtaot? of the itcn QYIYrar 7ipdeEPe# r# EXtiuiglat' fll�reprantal _nms�d`nllua�oratetru. Printed ttame Tone t X. Mark D. Croce Manager i Revised 1 0/12/11 Slnrtddairrd li OTICE FORM jorArc 3di gu 3d -Aav �idv t ©ec io "ce to n �cai �tuuicina)ih Or Cntttmani€y Hoard li: rdgsulTan n+Jr rhpst�iwitriar, to rite 5tdfeLtgaor,itrtearir�'Aju (cFrecFi ntle New ADI311cation 14 Renewal ADDItcation AYR atzoxt �� for att El.- Premises Afco1 He Beveraee7,ieense 1, Data the original copy or this vouce was mailed to the Local tdunkipalir, or CVmmunity Board: 2 0 TrUS 30 - DAY ADVANCE,NOTICB.18 BEING, PROVIDED T0'i HE CLtk OPTf3E FOLLO tJIN6 I.QCA. MUNICIPALITY OR COMMUNITY 80APD 2. Name or the Local Mutticipa€ity or Commurtsty 130srd: FOR NEW APPLICANTS, PROVIDE DL+SCFX1!0N M61V IJSihG AT,LSNFORKATI N HItOWN TO DATE STATE OF NEW YORK ` t"rl'ECUTIVEAEPAR'rrmENT 3. DIVISION OFALCOBOLTC13EVEj2AG ECONTROL Beer "y STATE LIQUOR AUTHORF7V Slnrtddairrd li OTICE FORM jorArc 3di gu 3d -Aav �idv t ©ec io "ce to n �cai �tuuicina)ih Or Cntttmani€y Hoard li: rdgsulTan n+Jr rhpst�iwitriar, to rite 5tdfeLtgaor,itrtearir�'Aju (cFrecFi ntle New ADI311cation 14 Renewal ADDItcation AYR atzoxt �� for att El.- Premises Afco1 He Beveraee7,ieense 1, Data the original copy or this vouce was mailed to the Local tdunkipalir, or CVmmunity Board: 2 0 TrUS 30 - DAY ADVANCE,NOTICB.18 BEING, PROVIDED T0'i HE CLtk OPTf3E FOLLO tJIN6 I.QCA. MUNICIPALITY OR COMMUNITY 80APD 2. Name or the Local Mutticipa€ity or Commurtsty 130srd: FOR NEW APPLICANTS, PROVIDE DL+SCFX1!0N M61V IJSihG AT,LSNFORKATI N HItOWN TO DATE . FORA-1 TERATI ON APPLICANTS, ATTAG'If COATPLIVIT DB54RUMOII AND 31ItAGRAII OP PROPQS» ALA h3WI ZON(S) FOR CTTMNT LICENSEEB, 131sT PORTRAIVROVED METHOD Or? OMRATION'ONLF DO VOT'08B THIS FORM TO.CHANGF,Y =THUD OP OPERATION 3. iypels) of alcohol sold or to he sold under t eellic Beer "y 11 Wine and BccrOnly Lir uor, Vine. and Beer m Gent of food smite Restaurant (Sale offend primarily; Full ktail lAungc / A food mcnu, Tavem / Cocdult Venue J Bar (Alooholsales primarily s 1 0 l X one Kitchen run by ehel) mecls it5a) ntinimurt food availability tequ remcnts# S. Type of establishment. lia[ct E Li', t/ Disk .hike 3�tmnDzrcing Cabare%NIeat Club, Discothertue Cupaciiy fur 54O klusie Jocket� Bee (Small Scale) Seale Hance Club) I'1"all t mc� }F) {Large or more patrons W, 4C�R5 Civbleg.Ovir/ Bed& Catering ntCaraokt Tt RecrmtlonalFacility Fraternal Or Hreal.7xst Facilit' I I Restaurant .) S cct.��f y Sot LiL (Sporn racilityJ4tcsscl} Bar Ent. 6. Licen sad Nona D Roaitap D Patio Freestanding Gardcn / ( Sldnmalkc D Other aLtdosrarea_ (� or Beek Covered Structure Grounds (1 Cure t 7. will the license holder or s manager he phx'sie&1)y present within the establishment during all hours arOnsratlan? [ anr.: ® YU 3 I 1 NO 8. License serial number: � L 1 6� i 9. E,'cp;ratio Date- ]fl. Tha appllCant'S on the , 25 it appe Et name _ {l� ���j � j ) ( �S•�� t_��� c ✓ KY C LL C_ arsaruapcear anse: y � t'�, t l The track name, if any, undue wh can uct btishmerst conducts or wi conduct business: - !n The wahlishmentistacatetlxMbi,-t the building I b ELA 1 � teltich has the following street address: � [ � #� 1 l3. Cily, Town, ar Village: - U R Q my Eip Cady tS. The estabtishment is located At, the rollau'rngttoor(s) or the building at the above address: lS. Within the buildingat the above address, the establisttunent Is ]=led within the roamis) nttmbwr das follows: 16. Business telephorte number ofapplieant /licensee t7. Business raxnumberarapp ]IcentJltcensee: � -_•.•`.— III to. Businesse- rnai €eddressofapplicantjlicensee: Dcros then applicinu or license holder if -YES-, SMP items Rio. 20-23. If`1 0`, ANSIMR itcrns;lo.2042, I9. au r. the building itt which the 1 1 Complete the 3 enures) and complete the 3 entries yes L- l No eslablisrtment is located? (3C ar ITem too. 2�.. S at Hem No. 2 4, btVilER OFTLIE BUILDING IN WHICK THE UCENSED ESTABLLSHMEN - Y IS LOCATED 20. Budding twner's roll name is: L C IT y l 5 21. Building wvner's strcct address: ( L• 22- City, Timm, or Village: r-- t Z ip Code r 0 ff 23. Bus)uess telephone number of building owner: I CV I me the applicant orhold the license palm a principal ai the legal entity 1hatholds or )s applying liecuse: Represerdationsin this rams are in conformity with repnr n' talons merle fn sttbmrtted documents relikd upon by the Authority when.-M ?ing the iicettsc. t t nderstrtnd ir[xttzp ti setstzGons made in this rem stidU afsa 6c relied :upon turd that false representations may result in. disaup; oval or the eppvca5on or revocation of the Itecnse. 25.. Byrrtysignatur6j affirm - underPenaltyorPCrwy thattherepret_nt2lia tnadcin this {arat ettvt:. P n :fit le Tire - - _ I w � � 1YS ✓ C(D PID V ] STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized N QJTICE FORM for Providing a 3 0 - Da Adva ce 1Volice to a Local Municivalifv or Colnmunifv guard in camectton ivirh the sarhxrlssion to the Slate DquorAtilhoriry ofo (clieck Otte New App ication_(N Rene -wal Application 0 Alteration ApRlication© Corporate Chan e for an Qn- Premises Alcoholic Beverage License CORRECTED NOTICE 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board; F 2 0 �IfI� 30 1}AX $15VAhiC� ElCyflC�` 1� �>�O�I D'E� Tl�>� !� QlY'�H�1+'01.Tt61F;It�G i.Q(:AL 2vIUIV1'C1P/tl`'TY C3R �OMtv€L1NIT}' I3QtSl�l] ; 2. Name of the Local Municipality or Community Board: City Of Buffalo City Clerk Office i'tiSR lY�V7 A$�I}T4'ANT$, H�OYT�fru l]C,I2II"1'�4N $l:I.l?W Yls9l[Nlfii ftT T.IT{�AIA'CIpN IiN(31VIi 1`O 17A`C& FOR= AIJI &RAlIZ6N /lPNI}( k f A A7y 1 GA �J,F t D ERI ZION ANA $IAGI AkT OF P1�C7BOHFD 11LT$RA7 i0 , F£iIt G 1 7,L+T1 51L33ZLAPPYt¢IME3iii3b 4 C}PI#1AICiI� 9NI15t .. %I}O NO'1`L18�RST3It3;- FOR1}I TO CIi11Nf�Y (3I1R`14��011'{3}��s1PLStAfiIDN 3 Type(s) of alcohol sold or to be sold under the License Beer Only wine and Beer Only Liquor, Wine, and Beer Extent Restaurant Sale of food rimaril Full food menu; Tavern Cocktail Lounge Adult Venue Bar Alcohol sales p rimarily ( P Y: � / g / / l p � Y - 4. toad service: e: ( 1 XI one Kitchen run by chef) meets legal minimum food availability requirements) S T ype of Hotel Live N Disk Juke � Patron Dancing abaret, Night Club, Discotheque Capacity for 600 g ❑ 9 Ln establishment: 1vlusic Jockey 130x (Small Scale) {Large Scale Dance Club) or more patrons ( -3v all C Club (e.g. Golf/ F] Bed Sc � Catering Karaoke 1] Stage [] Topless Recreational Facili that apply) 11--h Fraternal Org.) Breakfast Facility Bar Shows Entertainment (Sports Facility /Vessel) 6 • Licensed � None Rooftop 11 Patio Frees 11 Garden f 11 Sidewalk Other outdoor area: w• peck Covered Structure Grounds Cate (Specify): 7. will the license holder or a manager be physically present within the establishment during all hours of operation? (2v one : YES NO 81 License serial number: 9. Expiration Date: 10. The applicant's or license holder's full name, as it Statler Entertainment corporation appears or will appear on the license: 11. The trade name, if any, under which the establishment Rendezvous conducts or will conduct business: 12. The establishment is located within the building 1 1 0 7 De laware Avenue which has the following street address: 13. City, Town, or Village: I But f al o jy Zip Code: 14 202 14. The establishment is located on the following floor(s) of the building at the above address: �, OWe r level 15. Within the building at the above address, the establishment is located within the rooms) numbered as follows: 16. Business telephone number of applicant /licensee: 7 1 6 - 3 3 17. Business fax number of applicant /licensee: 7 1 5 8 4 7 - 2 18. Business e-mail address of applicant/ licensee: markCroce@gmail Does the applicant or license holder If °YCS °, SKIP items No. 20 -23. if °NO °, ANSWER items No. 20 -23, 19- own the building in which the Complete the 3 entries ® and complete the 3 entries ® establishment is located? ( - K° one Yes at Item No. 24.O at [tom No. 24. 1 `' own I� Gll aiIlLnly�_il tvflleH r�i I IC114$Lf) 1?SPAI3LIS1ih11 lVT rs LtscArp 20. Building owner's full name is: Stdtler 21. Building owner's street address: 257 Franklin Street 22, City, Town, ar Village: B a 0 It Zip Cade: 14202 23. Business telephone number of building owner: 1 6 1 1 S 1 4 1 6 8 1 the (5 lit ttL45 t1 €lad ttee?3rzrilt� a6 �5is't40 o Ie alx ty than ho is r l ApjSlytng fPr the l�cer€ae 12eprasenta ions tIx tl2as�sirm qrg -fin cQtSfbt [ally wtth '` ropt�si:nEatlgifi3 made In su'bmltt�d d�ument$r�1lell h1�73 �ty,#(to �Ztl�l3orlEj+vthezl gi�trffsn� tltol[eent� 3 vtiderotsud ;�tatr��l�Ittativtls,mttde to thta fdi•m iat0. also he salted up4ne and �l��a��'ep1'gkeEtticftoris�l�Y zd�51�1 =tn d €&appi'4val of the apP)a4�tion or i�4aeuswiogvPtho �icersse . r - _ � z ]3y ssna?ul iftitzla ttndetBtta1L� �C1arjttFy Iltai the regresent�tatihs madg lit this tam€ urc truo 24 . �. .:.. ._ n!y .,..... .. .Printed 118 . Title t e X Mark D. Croce President - Revised 10112/11 rt Stavtderdred NOTICEI+C1Rt'�S farPratrdhga 31)- BnvAdyattee 'Notice la a LO - CA . 4 iclpttliri od l - MMMAIlC ilaart( n, ra,tr:ccr7an Hitt: Mewl its ion to rite $fate ffguorAathofiVgfa (c71ec(c Q /IS New ArIvIleation'ORenewalAp hcaa Lion © Alteration ApRlicadonn 101 bra nOa- Premisr Alcolt rcRev :,,,tense L. Data the original sopyuf this Vottce was marled to the Local isiun(eipaftry or Community aoard: 2 O T-ffS 36 -DAY ADVAMP, NOTICS IS 13HING PROVIDED TO THE CLEM ©FTHE FOLWVtlN0 i3OCAL �Wj fC€PALITY OR COMMUNITY 80AIM 2, rN.. ofthcL. .l Municipality or Community Board: C 66 C({ FOR NEW OPLICAIM, PROVIDE DESCMPTION BELOW USItiG ALL I?i OMATi N HHOWN TO:DATB . : STATE OF NEW YORK -> MC11TIVE DEPARTMENT Typeisj of alcohol sold or to be sold under the license DIVISlpl OF ALCOHOLIC DEVERAGE CONTROL STATE LIQUORAIITHORITV Stavtderdred NOTICEI+C1Rt'�S farPratrdhga 31)- BnvAdyattee 'Notice la a LO - CA . 4 iclpttliri od l - MMMAIlC ilaart( n, ra,tr:ccr7an Hitt: Mewl its ion to rite $fate ffguorAathofiVgfa (c71ec(c Q /IS New ArIvIleation'ORenewalAp hcaa Lion © Alteration ApRlicadonn 101 bra nOa- Premisr Alcolt rcRev :,,,tense L. Data the original sopyuf this Vottce was marled to the Local isiun(eipaftry or Community aoard: 2 O T-ffS 36 -DAY ADVAMP, NOTICS IS 13HING PROVIDED TO THE CLEM ©FTHE FOLWVtlN0 i3OCAL �Wj fC€PALITY OR COMMUNITY 80AIM 2, rN.. ofthcL. .l Municipality or Community Board: C 66 C({ FOR NEW OPLICAIM, PROVIDE DESCMPTION BELOW USItiG ALL I?i OMATi N HHOWN TO:DATB FOR ALTERATION APPLICANTS, ATTACH COMPLETE, AESCEtt MOM AND Atha - RAM OF PROPOSED AZTEPATIOH(s) FOR CURRENT I.ICt' PS6, aPT FORTH APPROVED U &THOD OF OPMATION ONLY DO NOT USE THM FORM TOCEMNG£ YOUR PHOD OV OPERATION 3. Typeisj of alcohol sold or to be sold under the license {? ❑Herr Only 1 I Wine and 9- arOnfy Liquor, Wine, and Beer .,. E;Ment of food services (Talc of (and primarily. Full food menu, Tavern / Coc1.•txil Lounge / Adult Venue ]Sat• (plcohol sales Primarily- F1 1 4 Kitchen. meets legal minintuat road availability requirements] Kitchen run bychef) Type of establishment Lire Disk Julie Patron Dancing Cabaret. Night Club, Discotheque Capacity for 60 Hntel ~resit Jockey Hns (SmallSrale) (Largc Scale DanceClub) arm(aepatrons (X a!1 Club (e.g. Golf ] 8ed & Cztnrina Keraai:c To p ttr:crcatinnal [adlity � ins 0 Restaurant � Fat€litylt'essel) � � shat apply) C� 1� Fraternal Or&) BsaaIsast Cacility BAr lSparis fff fff JIl �����1JJ Ent. b ' Licensed � I'etio Fre- stettdlnq Carden I Sidmvalk Other FJOne ❑ Rooftop � � � � 11 outdoor or= ar Deck Co7errd Structure Grounds cafe 7. Will the license holder or a manvgcr be physlcall_v present within the establishment during all hours ofoneration? I X'pncl: � YES � 140 & License serial number: 1 Fo 8• Expiration Data; 10 The appllc2t or c tralcic Cull name, )t / F r or M11 M11 app.^.ers or appear on the Iir:en its� J 1 � V ! L appears A 1I, The trade name, if any, under which the es(ablishrarmt nes conducts or wiB conduct busis: y- ) y y # A l t 2 The establishment is located within the building /� �t ELA wtaich .hasthervllowingsmetaddeess ty LOAJ i G Ij M. — 13. City. To%vn, er Village: � NY gip Codc; 17. The establishment is located on the i'allotring, ttoor(sl oftine building at the abase addresa. ._ 15. Within the building at the abate address, the establishment is located within the rooms) numbered as folloxs: 16. Business telephone nurnt 5crofanpl €cantjGceosee. - - - 17. Business fax numbero £applicant /liccusec: a Fa. BLsiness c snail address of appy cant / €icens _-: Does the applicant or license holder €f `YRS , SKIP items No. 20 -23. if `€d0', ANSV&R items No. 20-23, 19, own tht: building in Which the T" 1 Complete the 3 entries and complete the 3 entries � establishment is located? ( DC' nn 1 yes t l at liens lib. 24. NO at Item Eta. 21. O1=11 OF - 1 HE €3UH.DING It. WHICH THE LICENSED WrABLISHLiENT IS LOCATED 30. But1ding attner's full n2ma is: ) € ( LL 21. Building owner's street address: 21 CiE }, Tnsrn. ur Villa$c: c. Zip Code: aao a 23. Business telephone number or building owner: _ U° I am the applicant or hold the license or am a principal of the lebql cnkiky that holds or Is applying for the license. Representations in this form are in conformity with I epresentations made its 5nbmitted documents relied upon sty the Authority whsn granting ilia license. I understand brat represenlzdons made in kids form MLI also be rclitti.upon, and that false representatdans may result in disapproval of the application or reaor:ation of the lfccnae 24. By ray signatyrc ,,I affirm - under FinaltyofYe4uiy -that the rep ;escntatson madcinthisf)rm *true. pdncM 3;a. -s 7we 1 X r v 000.x. c No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks - X Police- Dawn Carpino, Sally Johnson, Yvonne Annarino Fire- Corporation Counsel- Conumty Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. November 15, 2011 t SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: NoveW&L2,2ALL FROM: DEPARTMENT. POLICE DIVISION SUBJECT: j : Unpaid Leaves of Absence PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. ( Item No. xxx, C.C.P. xx /xx/xx TEXT: ( TYPE SINGLE SPACE BELOW Civilian School Crossing Guard Dawn Carpino, assigned to the A- District has been granted a medical leave of absence without pay for the period of 3 months commencing October 19, 2011 through January 19, 2012. Civilian School Crossing Guard Sally Johnson, assigned to the E- District has been granted an extension to her medical leave of absence without pay for the period of 31 days commencing October 12, 2011 through November 12, 2011. Civilian School Crossing Guard Yvonne Annarino, assigned to the D- District has been granted an extension to her medical leave of absence without pay for the period of 79 days commencing October 25, 2011 through January 25, 2012. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Poli SIGNATURE OF DEPARTMENT HEAD: Fo *SSN: - - 5 G6d- a * LMT FOUR (4) VIGITS ONLY** UNIT: EDUCATIONAL 0 MATERNITY EMPLOYMENT El MEDICAL FAMILYMEDICAL ED MILITARY PERSONAL PLANATION OF LEAVE: ( bV5 Le DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: EMPLOYEE CC: ORIGINAL AND FINANCE (PILE) REQUESTING EMPLOYEE LADOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL NAME: ;f1 RANK: TYPE OF LE EDUCATIONAL EMPLOYMENT El MEDICAL FAMILYMEDICAL MILITARY PERSONAL El THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR:' CARE OF CHILD. SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM RtQUIRED} THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PBA MEMBERS ONLY) SWORN MEMBERS REQUESTING A LEAVE QFABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (Sa) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE. WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. I XPI ANATIC)II OF I FAVfz- CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION DATES OF 1 EVE ; . 1 1� iF !f y ls ff DATE: / 0 f� - �- - - -- 7 NAME: RANK: ** LAST FOUR (4) IDIGITS ONLY- ° TYPE OF LEAVE E / MATERNITY ■. EMPLOYMENT El MEDICAL �i►t FA MILY ME D I CA L D MILITA PERSONAL C) THE FAM ILY MEDICAL LEAVE IS A tz WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEofCAL HEALTH C ONDITION (ADDITIONAL FORM REDUIRED) W THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (PDA MEMBERS ONLY) e SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (34) BAYS OR A CONSECUTNE ACCUMULATION OF. EXTENSIONS IN EXCESS OF THIRTY (3D) DAYS: MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, 9ADGE. WREATH, & ID CARD PRIOR TO THE START OF TFIEIR LEAVE. IQ DATES OF LEAV BEGINNING DATE: END DATE: U ! f -- /i RETURN DATE: LENGTH ®F LEAVE: 4 PLOYEIE SIGNATURE SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE October 27. _24L1____ FROM: DEPARTMENT: POLICE DIVISION SUBJECT: Unpaid Leave of Absence PRIOR COUNCIL REFERENCE: (IF ANY) (: Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx TEXT: ( TYPE SINGLE SPACE BELO)y Civilian School Crossing Guard Yvonne Annarino, assigned to the D- District has been granted a medical leave of absence without pay for the period of 33 days commencing September 21, 2011 through October 24, 2012, DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: �� � 1 }w EDUCATIONAL El MATERNITY El 9 EMPLOYMENT El MEDICAL FAMILY-MEDICAL El MILIT PERSONAL 0' THE FAMILY MEDICAL LEAVE ESA 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION NEON OF LEAVE: 4i i t [SATES OF LE AVE BEGINNING DATE: END DATE: RETURN DATE: LENGTH OF LEAVE: �- 1 14 . - 69MPLOYEE SIGNATURE �. APPROVED ► , ... • - � D _ DATIE CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) REQUEST iNG EMPLOYEE FOR RELATIONS CIVIL SERVICE COMMISSION CommMDING OFFICER P NAME: �a r 1 tl v - �4NK: *SSN: UNIT: -- "LAST FOUR (4) DIGITS ONLY' 0041.9 Ims Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium. X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED November 15, 2011 E: ##1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE November 2, 2011. FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) This is to advise you that Board Members as follows were Present at the Regular Meeting of the Buffalo Sewer Authority held on November 2, 2011, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson -Di Vincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: none DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER f 1 SIGNATURE OF DEPARTMENT HEAD: 0.'? 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. November 15, 2011 #3 (Rey 1 -02) Cert"Ificate of Appointment In contpliaiice with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinanecs of the City of Buffalo, I transmit this ce€tification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule °A" have been certified or approved by the I urnan Resourm/Civil Service for the Appointment Effective: in the Department of Department of Public Works, Parks & Streets Division of Streets to the Position of M. 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: $ 11.87 hr. LAST JOTS TITLE LAST DEPARTMENT LAST SALARY . NAME Jordan Davis DATE ADDRESS 46 Comstock Ave. CITY & ZIP Buffalo, NY 14215 FAST 4 DIGITS OF SSN. XXX -XX -1962 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CI'T'Y & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PR.OJ. ITS PERSONNEL REQ. NO 2011-10 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHnPI`I Y DATE: SIGNATURE OF APPOINTING Steven J. Ste nick Cnmmi _q_icanPr OTHER COPIES TO: #5- COMPTROLLCR 46- HUMAN SERVICIES /CIVIL SERVICE #7- §UDQET #8- #d9° DIVIS10_N_ #10 IKMPLCY (S) U 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. November 15, 2011 11-01`11 lq ; Ub kNUM T -677 P0002/0003 -530 $13 (Rev 1 .02) Certificate of Appointment In oompliatwe vAih provisions of Section 24 -2 of wk Charier and ChaptW.35•1 of the 01dinanom of the City orttufWo, I Itansmil this o"feomion of oppoinvnent(s) ar ptamwion(a). 2 fonher eort;l� that fAc ocfson(s) nameo io 9611 ule'A' Wt bun WiAW ofgp €oved by Lhe Rumen RawurcvslCivii smica far ure Ap�intmentLTeoTiva: October 31, 2019 in the Department of POLICE Division or Traffic to the Position of TSAR Cradsing Guard (Won ofle) : TEMPORARY (insets One) : APPOINTMENT (Insets One) ; at the: rLAT jEnter Swiing Salary): Starting SaIW of Sehedule " A" LAST JOB TITLE NAME Merklyn viteilo LAST DEPARTMENT DATE ADDRESS 99 East 5tfea LAST SALARY CITY & ZIP Suffafs, NY 14207 LAST 4 DIGITS OF S9N, XU -XX -4688 LAST JOB TITLE NAME LAST DEPARTMENT DAVE ADDRESS LAST SALARY CITY &ZIP LABT4 DIGITS OF S XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX JXX- LAST JOB TI'T'LE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL: S ERVICE BUDGET ORG. CODE 92024001411001 TITLE CODE NO 2010 BUDGET ACCT. 08J. 12024941411801 PROD. III PERSONNEL REQ. NO 2011044 SALARY RANGE OF POSITION $9.q0 PER HOU REASON POR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Der enda TITLE OF APPOINTING. AUTHORITY, of Police DATE; -- SIGNATURE OF APPOINTING AUTHORITY: s 9 !`r19 r°R'ft1 f;f7V (;I sex ANipt°Fn (11iyT FNT fl YF OT t . t APIF4 TA- t l�t4SPTRltl.t f Ft {{ HUMAN 'P�IZUICE alC1UlL RERi/1C6 87. 81,10CIF fl$. _f}FXAWJfiNT 1�IV1 !pN 819 Y S .t..a Vz Ld y-2 V�) 1 asvtt I —o i ! rVivivi6i v1YJf1l� r #3 (Rev 1.02) Cert ifica te 1n ant In compliance with provisions Of Swdon 24.2 ofthe Charter and Chapisr 3�4 of the Ordiouvw of the City of Buffatq t transM €t W. Cedifi�c4tion of t ppa ntmnnt(.) or pmmoiiorr% Ifunhuccrtirythuthoper4an (s) named irt Sohedule'A have bftncetrifiod ear approvedbyftl4uMAnikwurcoTIVf 'i8"Cerorihe � Appointment Effcctivo; October 17, 2011 in the Department of POLICE Division of 0 the Position of TSAR Cms Guard (Insert Onc) : TEMPORARY (Inert One) : APPOINTM (Insert One) : at the: I FLAT utter Starting salary) ; starting Salary of 09.9fl Seftedule "A' LAST JOB TITLE NAME Tracy L. Lirlan6 LASTDEPARTMENT DATE .ADDRESS 44 Lau)t Street tAST SALARY CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX XX -1011 LAST JOB TITLE NAME Colleen M. Premiss LAST DEPARTMENT DATE ADDRESS 426 Crescent Avenue LAST SALARY CITY & ZIP Buffalo, NY 14294 LAST DIGITS OF 88N. XXX X - 9895 LAST JOB T NAME Elyse M. Week LAST DEPARTMENT DATE ADDRESS 162 Woodbrkllle Avenue LAST SALARY CITY & ZIP Buffate, NY 14214 LAST 4 DIGITS OF 88N. XXXXX -1460 LAST JOB TITLE NAME Mary Ellen Gtynn.Keohane LAST DEPARTMENT DATE ADDRESS 150 CoMn Avenue LAST SALARY CITY & ZIP Buffalo, NY 14218 ' LAST 4 DIGITS OF SSN. XXX - - 1393 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY , ' CITY & ZIP LAS DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORO. CODE 1202400.1411001 TITLE CODE NO 2010 BUDGET ACCT. OBJ. 12024001419001 PROJ, ID PERSONNEL REQ. N0 2019 -44 SALARY- RANGE OF POSITION $940 PER HOUR; REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTH45RITY: Daniel Darenda TITLE OF APPOINTING. AUTHORITY: Gomminioner of Police DATE: 9012417 SIGNATURE OF APPOINTING AUTHORITY; I tiwtt.ws r; n r� n,2€• �n DTIl 62 Gf�P3ES 1 t? #tr PYRiIt ! FR IM IMAM AFRVEtIFRLPIVII AFAVtP,F #� - atLWW - �g. t1FPRRYl,�FN'r �9- r} tv?s;cnt�- tiI9� EA7P_t.fdYlrF(�t #3 (Rev I -02) Certifica In compliance with provisions of Section 24 -2 of the Charter w.id Chapter 35 -I of the Ordimtces of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Rcsourees/Civil Service for the Appointment Effective; £� in the Department of Department of Public Works, Parks & Streets Division of to the Position of Community Recreati Attic Permanent, Provisional, Temporary, Seasonal (insert one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) M INIMUM (Enter Starting Salary) : Starting Salary of $34,402 LAST JCS TITLE LAST DEPARTMENT LAST SALARY NAME Maurice V. Cox DATE ADDRESS 44B Camelot Ct. CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS DI= SSN. XXX -XX -2774 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14700001 TITLE CODE NO 9220 BUDGET ACCT. OBJ. 4111001 PROJ. ID PERSONNEL REQ. NO 2010 -201 SALARY RANGE OF POSITION $34,402 - $37,700 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. �t�lomtlalr TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 10126/11° SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- CgMA TRQUER #6- :HUf>tIAN SERVICESICIVIL S1;RVICE #7- Ll� QG�T #8- DEPARTMENT #9- 131VISION #10- EMF?LOY�Ets) #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 pro €notion(s). I further certify that the person(s) named in schedule "A" have been certified or approved by the t-Iuman Resources/Civil Service for the Appointment Effective. 1 € E in the Department of Department of public Works, Parks & Streets Division of to the Position of Streets Street Worker Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starling Salary) : Starting Salary of; $22,167 LAST JOB TITLE Laborer 11 Seasonal NAME Kevin Ford LAST DEPARTMENT DPW DATE 10111 ADDRESS 167 W. Humboldt Pkwy LAST SALARY $11.67 hr CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN. XXX -XX -0482 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52042641 TITLE CODE NO 5414 BUDGET ACCT, OBJ, 411041 PROJ. ID PERSONNEL REO. NO 2414 -173 SALARY RANGE OF POSITION $22,187 a $36,974 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE; 1 x/26111 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK 'ON1BEEORE.APPOINTMENT DATE) OTHER CONIES TO: #5- COMPTROLLER #6- #7- BUDGE T #8- DEPARTMENT #9- DIVISION #14- EMPLOYEES) #3 (Rev 1 -02) 9 Certificate f Appointment s Iat compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances. of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT (Enter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1 Cl Stationary Engineer NAME Stephen Makula LAST DEPARTMENT Buildings DATE 5111 ADDRESS 400 Linden Ave. LAST SALARY . $ 15.00 CITY & ZIP . Buffalo 14216 LAST 4 DIGITS OF SSN. XXX-XX -0264 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011-42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniik TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 11 /3/11 SIGNATURE OF APPOINTING OTHER COPIES TQ: #5- COMPTROLLER 96- HUMAN SERVECESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9 DIVISION #10- EMPLOYEE(Q i 93 (Rev 1 -02) � Appo Certificate of In compliance with provisions of Section 24 -2 of the Chaper 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" Dave bccn certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Glass Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, .Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr. 1 Cl Stationary Engineer NAME Andrew Krawohuk LAST DEPARTMENT Buildings DATE 5111 ADDRESS 1293 Hertel Ave. LAST SALARY $ 15.00 CITY & ZIP Buffalo 94216 LAST 4 DINTS OF SSN. XXX - XX -6591 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS N, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 492002 PROD. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $16.00 PER YEA DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE; SIGNATURE OF APPOINTING Steven J. StePniak Commissioner - OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEfS) V3 (Rev 1 -02) Cert In compliance with provisions of Section 24 -2 of the Charter and Chapter 33 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or proMotioil(s). I further certify that the person(s) named in Schedule "A" have been certified or approved. by the Human Reseurms /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of to the Position of Streets Street Worker Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Plat (Insert cane) jEnte:r Starting Salary) : Starting Salary of: $22,187 :i FAST JOB TITLE Laborer 11 Seasonal NAME Marcus Harris LAST DEPARTMENT DPW DATE 10111 ADDRESS 56 B St. LAST SALARY $11.07 hr. CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX- 90 LAST JOB TITLE. LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 5 2002601 TITLE CODE N® 5610 BUDGET ACCT. OBJ. 491001 PROD. ID PERSONNEL REQ. NO 2010-160 SALARY RANGE OF POSITION $22,187 - $36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. !GPI TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 19119111 SIGNATURE OF APPOINTING AUTHORITY: Ut*ili�lNf1L � 3 C;.C7f'I�5 "r : ` °eI =1s: ': OId /BEI°ORE APPC7INTIdIENT C?ATE OTHER COPIES TO: #5- Ct:3MPTRQLLER ##6- HUMAN SERVICES /CIVIL SERVICE #67- #8- DEPARTMENT #9-- DIVISION #10- EMELQYEE(S) #3 (Rev 1-02) Cert"Iflicate of Appointmen In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointinent(s) or proanotion(s). I further certify that the person(s) named in Schedule "A" have been certified nr approved by the Human Resources/.Civil Service for the Appointment Effeetive:� in the Department of Publ Works, Parks & Streets Division of Water to the Position of Caulker Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non Competitive (Insert one) NON Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $32,392 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME George Richardson DATE ADDRESS 92 Massachusetts CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SSN. XXX -XX - 0968 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REI"ERRED TO THE COMM ITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003721 TITLE CODE NO 4749 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010 SALARY RANGE OF POSITION $32,392 a $37,756 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9113111 SIGNATURE OF APPOINTINC OTHER COPIES TO: #5- COMPTROLLER #6 - 1 UMAtd 5KRVICES& V1L SERVICE #7- U_� QQ T #8- #9- PIVISIOb1 #10- IaMI'L - C3Y �S #3 (Rev 1 -02) 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: i in the Department of Public Works, Parka & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Enter Starting Salary) : Starting Salary of $15.00 LAST JOB TITLE Sr. 1 6 ` Cl Stationary Engineer NAME Cherie Ciaudella LAST DEPARTMENT Buildings DATE 5111 ADDRESS 2219 Bailey Ave. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -)(X-3733 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR [JAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Sty nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1113111 µ SIGNATURE OF APPOINTING AUTHORITY: f' ORIGINAL + 3 COPIES TO::.CITY`CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #a- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1-02) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, t trarismit this certification of appointment(s) or prornotion(s). 1 further certify that the person(s) named in Schedule "A ".have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: g in the Department of Public Works, Parks & Streets Division of Buildings to the .Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 5.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Mark Make LAST DEPARTMENT Buildings DATE 5111 ADDRESS 15$ Dundee St. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - -2791 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 032J BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepiniak TITLE OF APPOINTING. AUTHORITY. Commissioner DATE: 1113111 SIGNATURE OF APPOINTING AUTHORITY: r� r ORIGINAL + 3 COPIES TO: :CITY CLERK (ON/BEFORE. APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIViL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEM #3 (Rev 1-02) i 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 appointinent(s) or prornotion(s). I flarther certify that the person(s) named in Schedule "A" have been certified or approved by the Huntan Resources /Civil Service for the Appointment )affective: ` in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr, 1 8t CI Stationary Engineer NAME Mark Overfield LAST DEPARTMENT Buildings DATE 5/11 ADDRESS 320 Fenton St. LAST SALARY $ 15.0fl CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN. XXX -XX -2275 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXXpXX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 632J BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011.42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 9113/11 SIGNATURE OF APPOINTING OTHER COPIES TO: #6- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- - BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) 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 . promo tion(s). I ftwther certify that the person(s) named in Schedule "A" have been certified or approved by the Human ResourceslCivil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationery Engineer Permanent Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr. 1 Stationary Engineer NAMES Thomas Pyjas LAST DEPARTMENT Buildings DATE 5111 ADDRESS 29 Garvey Ave. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -5556 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODES 13296001 TITLE CODE NO 532J BUDGET ACCT. OBJ. 412002 PROJ. ID' PERSONNEL REQ. NO 2011-42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steen J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner _ DATE: 11/3/11_ SIGNATURE OF APPOINTING AUTHORITY: UKIC INAL + :S UUF1t5 f U: Ut 1'Y C LtKK [UN /t3tt - UK1: AFFU1N 1 MtN 1 DA I t} OTHER COPIES TO: #5- COMPTROLLER #S- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEErS) #3. (Rev 1 -02) Certificate o Appo intment t� � In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointnrent(s) or proynotion(s). I further certify that.the person(s) named in Schedule "A" have been certified or approved by the Hinman Resources /Civil Service for the Appointment 1fTective: in the Department of Cl 5 F blic Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr, 1 Cl Stationary Engineer ' NAME Michael Whelan LAST DEPARTMENT Buildings DATE 5/11 ADDRESS 162 Mariemont St. LAST SALARY $ 15,00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 0932 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L AST 4 DIG OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE. NO 832J BUDGET ACCT.OBJ. 412002 PROJ.ID PERSONNEL REQ.NO 2011 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR H OUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner - . - - -J— DATE� 11/3/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY GL K � APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or pronaotion(s). I further certify that the person(s) named in Schedule "A" have been certified.or approved by (lie Human Resou €cos /Civil Service for the Appointment Effective: d in the Department of Public Works, Parka & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) PLAT (Enter Starting Salary} : Starting Salary of: $ 15.00 LAST JOB TITLE Sr. 1" Cl Stationary Engineer NAME Edward D. Standish, 11 LAST DEPARTMENT Buildings DATE 5111 ADDRESS 444 N. Legion Dr. LAST SALARY $15.00 CITY & ZIP Buffalo 14210 LAST 4 DIGITS OF SSN. XXX -XX -7399 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 6323 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste nialc TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 111 X111 SIGNATURE OF APPOINTING OTHER #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) DGET #3 (Rev 1 -02) 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 appointinent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Departtnent of Public forks, Parks & Streets Division of to the Position of Senior First Glass Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr. V GI Stationary Engineer NAME. Casimer Piwowarski LAST DEPARTMENT Buildings DATE 5/11 ADDRESS 74 N. Ogden St. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF SSN, XXX -XX -4797 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 13296001 TITLE CODE NO 832J BUDGETACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE, OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Commissioner 1113111 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- t~MPLOY9M #3 (Rev 1 -02) CA Certificate hr compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective:'. in the Department of Public Works, Parks & Streets ,Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 15.00 LAST JOB TITLE Sr. V Cl Stationary Engineer NAME Michael Scbieber LAST DEPARTMENT Buildings DATE 5/11 ADDRESS 168 Dundee St. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -7328 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT, OBJ. 412002 PROD. ID PERSONNEL REQ. NO 201.1 -42 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY :' Steven J. Ste rtialc TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1113111 SIGNATURE OF APPOINTING AUTHORITY: ORK31NAL. + 3 GOPIES t - O: CITY= CLERIC ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- _EMPLOYEE(S) 93 (Rev 1-02) Certificate f Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or . promotion(s). I`further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets. Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salat) : Starting Salary of $ 15.00 LAST JOB TITLE. Sr. '1 Cl Stationary Engineer NAME, William Gallagher LAST DEPARTMENT Buildings DATE 5129111 ADDRESS 194 Culver Rd. LAST SALARY $ 15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX - XX - 0660 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 - SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stopriiak ` -- TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1113111 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL * 3 GOPII= I lJ: LI t Y ^,C it Kt�- t�rvltsr r�rc tErr env i ivicEV vn E OTHER COPIES TO: #5- COMPTROLLER #6 - HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYES) #3 (Rev 1 -02) C«�;� � • �..E� �.Y:- t �, �`= II..� i tom'_ In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the -- - - - - -- - - -- - - -- - -------- -..... . Appointment Effective: i in the Depar€tnent of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIAT (Enter Starting Salary) : Starting Salary of $ 1 6.00 LAST JOB TITLE Sr. 7 CI Stationary Engineer NAME Matthew Quinn LAST DEPARTMENT Buildings DATE 5/11 ADDRESS 42 Stevenson St. LAST SALARY $ 95.00 CITY & ZIP . Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX -9889 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 93296009 TITLE CODE NO 832J BUDGET ACCT. OBJ, 492002 PROJ. ID PERSONNEL REQ. NO 2079 -42 SALARY RANGE OF POSITION $95.00 PER YEAR DAY HOUR HOUR. REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 1113/11° SIGNATURE OF APPOINTING AUTHORITY: OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT 0- DIVISION #90• EMPLOYEE (S) 93 (Rev 1 -02) In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: November 14, 2011 in the Department of Audit and Control Division of Investment, Cash &.Debt Management to the Position of Junior Accountant Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of: $34,569 LAST JOB TITLE 10442009 NAME Michael J. Rotert LAST DEPARTMENT DATE ADDRESS 350 St. Lawrence Ave, Upper LAST SALARY $34,569 a $36,517 CITY & ZIP Buffalo, NY 14296 LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX° REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10442009 TITLE CODE NO 0500 BUDGET ACCT, OBJ, 411001 PROD. ID PERSONNEL REQ. NO 5174 SALARY RANGE OF POSITION $34,569 a $36,517 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Darby Eishk n TITLE OF APPOINTING. AUTHORITY: Deputy Cog, ptr®ller DATE: W A SIGNATURE OF APPOINTING AUTHORITY: V R #5- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET 48- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) t NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS November 15, 2011 02 i C'hW of staff n I James S. Pajak V Senior Legislative Assisitud IV Kcvin M. Lindei Senior Legislative Assimints NUTI, J. Jasi ula Williun B. Licata Adia A. Paul Melissa 9aachez-F'crnandez Richard Nall Legislad ve Airte James N. Jackson November 10, 2011 To the Honorable Members of the Common Council City of Buffalo, NY 14202 Subject: Buffalo Pedestrian Advisory Board Memo -Sidewalk Snow Clearance Plan This communication is in response to the Common Council's Community Development Committee's request for additional information regarding the August 1, 2011 memo of the Bicycle and Pedestrian Advisory Board (BPAB) (attached) concerning the City's Sidewalk Snow Clearance (CSSC) Plan. 1 11 3 D 0 0 C The referenced CSSC plan was not approved by the Common`Council as stated in the memo of the BPAB; rather, the plan was introduced to the Council as CCP #68 of December 23, 2003 and after deliberation was discharged from committee and received and filed by the Council as CCP # 145 of January 20, 2004, The City Code, specifically, Article 'VIII, Chapter 413 — Snow and Ice Removal, clearly delineates the responsibility for snow removal by property owners and by City Departments. Regarding information request ##1 by the BPAB, this information is made available in each fiscal year's City Operating Budget and can also be obtained by request from the Budget office or from the respective departments responsible for enforcing the applicable City Charter and Code provisions. Regarding information request #2, this information is cited in the applicable City Code provisions, a copy of which is included herewith. Regarding information request #3, the referenced report will only be filed by a City Department when they have performed the snow removal tasks identified in the City Code. The lack of a report, especially given that the Departments of Public Works and Assessment file similar reports associated with the City's annual Grass and Weed Removal programs, appear to indicate that no billable snow removal was performed by City Departments. Regarding information request #4, the cited memo was also sent to the Mayor; further, Department Heads review the Council's agenda for items concerning their Department we trust that a review of the city snow removal educational and outreach ,programs will occur. Additionally, the Council will be afforded an opportunity to amend the Mayor Recommended Operating Budget to include such programs. should it be determined that the need and available funding exist. Regarding information request #5, there are numerous checks and balances inherent and imbedded in City operations to ensure that City Department Heads and their staff comply with and enforce the City's Charter and Code provisions. The Council also discusses matters of concern to constituents and individual Council Members throughout the year i � 1 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 /C�1_ during Council caucuses, committee mectings and budget deliberations. Notwithstanding, should the Council desire to add another layer of review, the legislative staff will comply with the Council's directives. Lastly, the issue of snow removal on City streets and sidewalks is of much concern to Common Council Members, the Mayor, Department Heads, their staff and most importantly, the residents and pedestrians of our City. City Officials at all levels continue to view snow removal as a quality of life issue and conduct on- going reviews of the City's annual snow removal efforts. Numerous snow removal initiatives have been initiated and many continue to evolve. If we can be of further assistance in this matter, please advise. Sincerely, JAMES S. PAJAK Common Council Chief of Staff Cc: Mayor REFERR D TO THE M ON C �OPAW ® .;'. August 1, 2011 • � .r � .�' � -... a �, - ' � r' � � Y- Buffalo Common Council City of Buffalo 66 Niagara ,9q # 1413 Buffalo, NY 14202 -3318 10/4/2011 RE: Snow /Iee Removal Policy Dear President and Members of the Common Council: On August i,, 20 .1, the Bicycle/ Pedestrian Advisory Board of the City of Buffalo (BPAB) met and by resolution approved this letter that was drafted by board :members, Lynn Il agdoi, Lauren Mitchell and Rich Taczkowsla. Challenges regarding snow and ice on sidewalks are one of many issues we as a board are tasked to review and evaluate. Our Snow Removal conimittee has met a number of times and has wade five recommendations, which we endorse wholeheartedly. The Buffalo Common Council. (BCC) adopted The Sidewalk Snow Clearance Plan (SSCP) in 2004. It is evident that many aspects of this plan (SSCP) are not being implemented by the city administration, departments and personnel. BPAB respectfuflly requests that the BCC review its stated policy (SSCP) and take any actions necessary to implement the adopted SSCP for this upcoming winter season. It may be helpful to have BCC staff begin now investigating the five areas below our board has. determined are in need of attention. Of course, the BCC may wish to inquire about other sections of the SSCP that are not being adequately implemented. 1. Updated data needs to be obtained from the Bureau of Adjudication with regard to the snow /ice removal, citations issued for the past eight winter seasons: 2003/20.04, 2004/2005, 2006/2006, 20o6/2007, 2007/2068, 20o8/2009, 2009 /2010 and 2010/2011, so that the BCC and citizens can begin to measure and track progress in this area. Another measure would be indicated by how much revenue each season of citations generated for the City of Buffalo, broken down by citing department. (See SSCP page 3 Snow Removal Violations of the policy). 2. Staff should inquire as to which entities, officers, and employees of the.City.of Buffalo have the enforcement authority to issue these citations, and an effort should be made to track this activity on the park of the various agencies. 3. Each April 1, the "Commissioner of Street Sanitation [DPW] is to provide a report of account of all work performed by the city in cleaning the sidewalks of snow or removing snow and ice in front of premises and the assessments due the city by the owner /occupant." The BCC can have the assessor or finance office put these charges on that property owner's tax bill. (See Part 11 10/4/2011 x GENERAL LEGISLATION, Chapter 413 STREETS AND SIDEWALKS ARTICLE VIII, Snow � -And Ice Removal and SSCP page„ Performance of work by city; reports; expenses). Preliminary investigations by Snow Removal committee members indicate that no such report was filed with the City Clerk in the month of April. April. It is our belief that this tool, and indeed, law, is not being executed in order to clear the sidewalks and curb cuts of f recalcitrant or absent property owners. 4. A greater effort needs to be made to find and suggest mechanisms for the education and outreach to the community groups and block clubs. Funding for the education and outreach should be.found and appropriated for this purpose starting in the Fall of 2011. (See SSCP Part 4 page o)• 5. Filing Notices of Deficiency regarding consistently impassible sidewalks and curb cuts has been identified as a useful tool in addressing this concern and should be a strong component of any educational campaign. We advise that staff be to assemble data on hove often this mechanism has been used by citizens since your policy has been in -force and adopted in 2004. We farther recommend that BCC staff need to begin tracking this measure going forward. (See SSCP Fart 4 page b). Other.measures respecting snow /ice removal on the sidewalks, such as a limited, demonstration sideway snow /ice removal district, as proposed in Amherst, New York, as well as other new approaches need to be investigated. That said, the BPAB believes that energetic implementation of your existing poft as outlined in the five crucial areas we have called to.your attention above,. would be a tremendous step in the right direction. Hazardous. sidewalks affect each and every one, including visitors to our fair region. Safety and ease of access are so necessary to us in every way. We ask that you review this now and be proactive for the 2011/2012 winter season. If we start now and prepare now, we will be better off later. Thank you for your prompt attention to this matter. Despite our recent go degree weather, the weep and months fly by all- too - quickly; so we need to prepare now for the next winter season. Please respond in writing as to the results of your fact - finding and evaluation of our five recommendations. Kindly send a member or senior staff member to our next monthly meeting on September 12, 'should further clarification be required. However; we trust that this thoughtH analysis of the issue is sufficient to begin your good work on behalf of the people of Buffalo and our visitors. . Sincerely, REFERRED TO THE COMMITTEE ON UNITY DEVE LOPMENT. Cc. Mayor Byron W. Brown Page I of I NO. 68 Sidewalk Snow Clearance Alan Buffalo's Best Opportunity for A Walkable Winter Wonderland Copy available in the City Clerks office foe review REFERRED TO TliE CON MISSIONER OF STRE13TS SERVICES A Page I of 1 NO. 146 2-6 J j jj By: Mr. Franczyk Discharge Items from the Special Committee on Streets & Public Services - Whereas: No 14, CCP Oct 14, 2003, "B. Davis -A. Spaulding- Concerns- Collection of Leaves ;" No 62, CCP Nov 25, 2003, "A. Thompson -D. Smith -Snow Removal in COB ;" No 68, CCP Dee 23, 2003, "T. Spinks- sidewalk Snow Clearance Man & Executive Summary;" and Whereas: It is no longer necessary for these items to be considered by that committee; Now, Therefore, Be It Resolved That: This Common Council sloes hereby discharge the Special Committee on Streets & Public Services from further consideration of the above items and said items are now before the Council. ADOPT DISCHARGE RECEIVED AND FILED City of Buffalo, NY Page I of 2 e City of Buffalo, NY Thursday, November 10, 2011 [Derived from Sees. 21 through 23, of Ch. IV of the Charter and Ordinances, 1974] § 413 -50. Duty for removal; penalties for offenses. [Amended 10- 14- 1997, effective 10-30 -1997; 9 -4 -2007, effective 9 -17 -2007; 12 -22 -2009, effective 1 -4 -20101 A. It shall be the duty of every owner or occupant of any premises abutting any public street to remove, before 9:00 a.m., all show and ice which may have fallen upon the sidewalk abutting said promises. In case said sidewalk is not paved its full width, it shall be necessary to remove such snow or ice from a space three feet in width. The owner or occupant of lands fronting or abutting on any street, highway, traveled road, public lane, alley or square shall make, maintain and repair the sidewalk adjoining his lands "and shall keep such sidewalk and the gutter free and clear of and from snow, ice and all other obstructions. Such owner or occupant, and each of there, shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk or failure or negligence to keep such sidewalk and the gutter free and clear of and from snow, ice and all other obstructions. B. It shall be the duty of every owner or occupant of any premises abutting any sidewalk in which a handicapped access cut has been installed to remove, before 9:00 a.m., all snow and ice which may have fallen upon the handicapped access cut. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to remove all snow and ice from the handicapped access cut. C. In case the snow and ice on the sidewalks or handicapped access out shall be frozen so hard that it cannot be removed without material difficulty or injury to the pavement, the owner, lessee, tenant, occupant or other person having charge of any building or lot of ground, as aforesaid, shall, within the time specified in the preceding subsections, cause the sidewalk or handicapped access cut abutting said premises to be strewn with ashes, sand, sawdust or some suitable materials and shall, as soon thereafter as the weather permits, thoroughly clean said sidewalk or handicapped access cut. Such owner or occupant, and each of them, shall be liable for any injury or damage by reason of omission, failure or negligence to cause injury or damage by reason of omission, failure or negligence to cause the sidewalk or handicapped access cut abutting said premises to be strewn with ashes, sand, sawdust, salt or some suitable materials and shall or for failure or negligence to soon thereafter as the weather permits, thoroughly clean said sidewalk or handicapped access cut. D. Any person violating the provisions of this section may be liable for any injury or damage resulting therefrom, in addition to the general penalties, to the penalties established in Chapter 137, Article 1, of this Code. E. Notwithstanding any provision of any other ordinance, any person, firm or corporation who is granted a license, a renewal of a license, pursuant to City of Buffalo ordinances, or any http:/ /www.ecode360.com/print/BU1237 11/10/2011 City of Buffalo, NY Page 2 of 2 person, firm or corporation who is granted a building permit pursuant to any provision of City of Buffalo ordinances for work to be performed on any commercial or business premises, shall be deemed to have agreed, as a condition of such license or permit, to keep and maintain reasonably free of snow and ice any sidewalk or other pedestrian way immediately adjacent or contiguous to the premises for which any permit has been issued or which is used by the licensee or his agents or employees in the operation of any business for which any license has been issued. The owner or occupant of any building or lot abutting a public sidewalk is responsible for and shall remove any accumulation of snow and/or ice from said public sidewalk within 24 hours after the snow and /or ice has ceased to fall, gather or accumulate. Failure to Keep such sidewalk or other pedestrian way free of snow and ice shall be grounds for denial or revocation of such license or licenses. Such person, firm or corporation, and each of them, shall be liable for any failure. to keep such sidewalk or other pedestrian free of snow and ice.. § 413-51. performance of work by City; reports; expenses. Upon the neglect or refusal of any owner or occupant to comply with the provisions of § 413 -48 of Article VII of this chapter or § 413 -50 of this Article, it shall be the duty of the Commissioner of Street Sanitation to see that the provisions of said sections are enforced, and in all cases of their violation., he shall employ men to clean such walks at a rate not exceeding the prevailing rate of wages for such work. Said Commissioner shall cause to be kept an account of all such work, and on or before the first day of April in each year, the Commissioner of Street Sanitation shall report to the Common Council all parcels of land in front of which such work shall have been performed and the owner and occupant of which shall not have paid to the City the amount of expense incurred in cleaning the sidewalks in front of his premises or removing snow and ice therefrom, and the Common Council shall thereupon order assessments upon such lands for the several sums so reported. § 413052. Methods of removal and disposal locations; penalties for offenses. A. No person shall plow, shovel, sweep or heap up any snow, ice or,other materials into piles or ridges on any street or public place in the City, or cause any such act to be done, or, if an owner of property adjacent to any street or public place suffers any such act by tenants in such manner as to interfere with the safety and convenience of public travel; and in all cases where snow, ice or other material is moved about, it shall be uniformly leveled off in front. of residences and places of business in a manner to permit convenient approach thereto and entrance to said premises. B. No plow, sweeper or ether similar device, operated by mechanical power, and no rotary brush or sweeper for cleaning streets or parts thereof shall be used on any of the streets or public places of the City unless it is constructed, equipped, protected and operated in a manner to prevent any snow, ice, slush, water or dirt being thrown upon any sidewalk, against any building or upon any vehicle while on any public street. C. No person shall use salt, lime or any deleterious substance to remove snow or ice from the sidewalks or paved portion of any street or public place or from the track or tracks of any street surface railroad, except upon curves, switches, turnouts and at street crossings. D. All such plowing, shoveling, sweeping and removal in any manner of snow or ice from the sidewalks or paved portion of any street or public place within the City of Buffalo shall be done in a manner directed by the Commissioner of Street Sanitation of the City of Buffalo. E. Any person violating the provisions of this section may be liable, in addition to the general penalties, to the penalties established in Chapter 137, Article 1, of this Code. httn: / /www.ecode360.com/r)rint/BU1237 11/10/2011 0 00 9 -@1 Pl American Water Resources [barbarab @amwater.com] Notice of Mailing to Homeowners Dear Gerald Chwalinski: As you may know, most Buffalo homeowners are not aware that they are responsible for the water and sewer lines running through their property. Within the next few weeks, American Water Resources, Inc. of New York ( "AWR ") will send a letter to Buffalo residents, informing them of their service line responsibility. AWR's mailing will explain that: (i) normal wear and tear can cause water line leaks and sewer line blockages, (ii) repairing such damage is not typically covered by homeowners' insurance policies, (Iii) homeowners are responsible for making the necessary repairs, and (iv) repairs can cost thousands of dollars. AWR's Water and Sewer seine Protection Programs provide homeowners with an affordable means to protect themselves from the expense and aggravation of service line repairs. In case Buffalo homeowners have questions, below is a list of key information: ® AWR is a subsidiary of American Water, the largest investor -owned water company in the country, serving homeowners for 120 years. ® AWR services 880,000 programs for homeowners nationwide. a AWR is an accredited, A+ rated member of the Bett Business Bureau. a AWR will only use licensed, Buffalo area contractors for all repairs. 4 92% of AWR customers are very satisfied with the overall value of our R �. our programs can also benefit Buffalo beyond the advantages provided to your homeowners. Where is an opportunity to partner with AWR now to jointly introduce the program and can receive a share of the revenue generated while AWR provides the required support. This turn key approach has been extremely effective for municipalities. Burlington, Iowa City Manager Doug Worden believes, "By offering these programs to our residents, we're providing them with a viable solution, and we're also benefiting from a partnership that adds value to our city." For additional information about AWR, our programs, or how to partner and earn new revenue, please visit AWRUSA.com/BuffallONY, contact tie at Barba m. amwater.corn or call 856 - 359 -2794. Respectfully, Barbara Boya rsky Vice President and General Manager American Water Resources 1025 Laurel Oak road Voorhees, NJ 08043 856 °350 ®2794 CCU.; mayor@Cltymbuffalo.com CC2: kenmored w roadrunner.c CC3. pcutler cityl-buffalo.com REFERRED O T H COMMITTEE ON FINANCE. i r ' r r J Chairperson: Oluwole McFvy Vice Chairperson: Donna Estrich Member: Gerald E. Kelly �3 Membere William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets w Steven Stepniak �u 0 ()09 - Memorandum To: From: Date: Regarding: Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider November 8, 2011 Board Packet Documents t 30 Attached are the following documents from the Joint Schools November 7, 2011; Construction Board meeting sched on I . Draft Agenda 2. Meeting Minutes froth JSCB Meeting dated October 3, 2011 3. Fully Executed. Phase IV Application and Certificate for Payment No. 39 — September 2011 4. Fully Executed Phase V Application and Certificate for Payment No. 22 — September 2011 S. Phase III Application and Certificate for Payment No, 47 — October 2011 6. Phase IV Application and Certificate for Payment No. 40 — October 2011 7. Phase V Application and Certificate for Payment No. 23 — October 2011 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase fV Project — September 2011 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthl Report for Addendum I Phase V Project — September 2011 y 11: Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV — September 2011 12. Compliance &Administrative Servic Phase V - September 2011 es of New York Compliance Monthly Report for . EFL THE SPEC COMMITTEE ON EDUCA �� A� RICHARD A. FONTANA MAJORITY LEADER LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1414 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 0 FAX: (716) 851 -5 141 000 ;2 Common Councit City of Buffalo REFEREED TO THE SPECIAL, COMMITTEE ON POLIO OVERSIGHT S PO \_ CHAIRMAN BUDGET COMMITTEE POLICE OVERSIGHT COMMITTEE COMMITTEES CIVIL SERVICE CLAIMS COMMUNITY DEVELOPMENT EDUCATION LEGISLATION MBEC RULES SENIOR LEGISLATIVE ASSISTANT ROSETTA J. KENNEDY LEGISLATIVE AIDE BRYAN BOUMAN 000 G. Gill - Concerns Parking Tickets Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON CLAIMS, THE DEPARTMENT OF PARKING AND THE CORPORATION COUNSEL f .F m m lrlpfl oo rz w; I A;�O. . �. ��� T'����` November 10, 2011 To the Honorable Members of the Common Council City of Buffalo, NY 14202 A ect: Additional Documents --1461 Main St Project This communication is in response to the Common Council's Finance Committee's request for additional information regarding the renovation of a structure located at 1461 Main Street and the construction of a new structure at the site with funding provided by a Restore New York Phase Three (3) grant award in the amount of $763,576. The project is referred to as the "Mixed Use Urban Center to be constructed by the Jeremiah Partnership 1 Bethel Head Start Dayeare Renovation ". • The following items were furnished by B. Mehaffy, Executive Director, Office of Strategic Planning to Council Chief of Staff - J. Pajak: o Building Permits • The following items were furnished by B. Mehaffy, Executive Director, Office of Strategic Planning to Council Member M. LoCurto: o City of Buffalo Restore NY Phase 3 Funding application / award • The following items were furnished by the Bethel Community Development Corporation to Council Member M. Kearns: • Actual Construction Budget • ESDC Project Approval Letter • Emails authorizing incurrence of project expenditures • Project Standard form of Agreement between Owner and Contractor If we can be of further assistance in this matter, please advise. e �� r REFElaFFp T ' S. PAJAK ON F I NANCE. Common Council Chief of Staff N a'i (Ck�6 (t 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 { ' DU ILY D IIN ByrmnW Brown, 6 1 13 W Application Type: GC Department of Permit & Inspection Serylces .... Butilding a Better Bu fala Please c ntact the inspector at (716)851 -4930 or at the number listed below prior to starting any work. AppiicationlPermit No.: 1 64094 Issue Date: 4/11/201 Location: 1461 MAIN Issued By: GRUNU Owner: B ETHEL 1461 MAIN STREET LLC 1625 MICHIGAN ST Fee(s): $ 1,277.60 BUFFALO, NY 14208 ... �� "DeAt of Economic bavAdpTnent . = =: Thank yeu for investing in the City of Buffalo AND AS SHOWN ON APPLICATION NUMBERED ABOVE, WHICH APPLICATION IS MADE PART OF THIS PERMIT. ALL GENERAL_ CONTRACTORS AND SUB - CONTRACTORS MUST BARRY A CITY LICENSE `THIS PERMIT iS VOID IF FOUND TO BE ISSUED IN VIOLATION OF ANY LAW OR ORDINANCE AND CONDITIONS STATED ABOVE. . - ' - ' - THIS PERMIT MUST BE DISPLAYED WHERE.IT IS.VJ IBLE.'FRO THE STREET."........ Signature of ContacilContractor Date: 11/9/2011 Apply for your nexk 13 . ing Permit Online at 2 htip 1/VAVw city buffalo cam City of Buffalo GC wilding A 65 Niagara Square Buffalo, NY 14202 {716 }851 -4949 Fax (716)6,51-5472. Report Date 111091201101:03 PM Submitted By DAVID KRUG Wage 1 AIP # 164004 �t���u�f3�tLfeTt77a���17 '�- •5 -r� - fi .,_� -'`=. � � . �.;. -.. °s -:, M"a� -- �� � :_r_. ,: r.: v c � . v. � i. Date /Time By Date l Tine By Proces9ed 01127!2011 16:19 GRUND Temp 000 Issuod 041111201109:21 CHRYANT coo t Ina( Expires Typo of Work # Plans 3 Declared Valuation 700000.00 Dept of Commerce # Pages 16 Calculated Valuatton 0.00 Priority ® Auto Reviews Bill Group Actual Valuat€on 0.00 Square Footage 0.00 Name P110 " CHANGE OF USE - IN A 1 STORY MASONRY COMMERCIAL BUILDING, CHANGE USE rROM WAREHOUSE AND STORAGE TO COMMERCIAL DAYCARE.AND REMOVE AND REPLACE GARAGE IN THE SAME LOCATION (CLEAN ASBESTOS SURVEY ATTACHED) " "PLANS FILED"- PLEASE CALL DAVE AT 818 -5569 WHEN PLANS APPROVED, OR CONTACT.SILVF.STRI ARCHITECTS IF ANY QUESTIONS.—Request for combination scanned * *" ELECTRICAL REVISIONS REQUESTED 314111. RECEIVEDIFILED 3110111* ""STRUCTURAL REVISIONS REQUESTED 3122/11, RECEIVEDIOLED 3131111 * "" SPRINKLER DRAWINGS FILED 3/26111'" < PLANS APPROVED 4111111> Parent AIP # Project # projectlPhase Name Phase # Sixe)Area Size Description .` -- -'T+ / �lw� C VF �{'Y�l G �, <�Y - � <..".r.ti 3 -- _ _ _ __ Address 1461 MAIN BUFFALO NY 14209 Location f -, - �- - -f. - _s ✓ Y -F, .. -`:r hr - .s�S:':' t� \:' :: =+'.'� '�[-/ -� :�5 - r S - ' a- � " z"'�'�' %ti= �' =�r`< '..zil;,f 3!: 3 3. � /-y- ��' \� ?$- Z.�,^`.'"i �.�'�., "r.., -r G. 3;�: r- - v` Y.,_ u , . - 1-:�•��„':a'`- y2� - , �.�r ,',E�.;�c`, }�,� �s� yq ,,.�,� S .- T�,s -.ys 'max-` y^' l h > - k- - Z s�. z ✓ �', ,� .,� =s' 'U �i vn(II7�j+.���[ti� �"�.,�_ �:i: - `� , r _ � _ _ .•''. s,'� -r_ ,� - . .$:.. -os3. » L 4«� - � -.{ Contact ID AC236994 Name BETHEL 1451 MAIN STREET LLC Mailing Address 1525 MICHIGAN ST Organization City BUFFALO StatelProvince NY ZIPIPC 14208 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # vm,7 �s.. - �N...'�: No Addresses are linked t this Application ;.��: - -, �.x �' -3,= - - '�r °`�- ,�.;• ac's � F c� ��. � .� � « �- % % "toS:�: y:�c` "P ...-. _.x- r� r> \ ss � ":r, =L 'V� ''"� °� s. e��. �. �_„?- ��_Ki�ti._]•'•:} ��..,.. --. r `e. s ....3.•. r aJ w:�,., -`=C -. .S `�� rv�"� { `;.. - � - :4.�.::).�! �::'.:3 _'iia: r,.�3- -: 'i,v ..^ ?`� = >'G� "� , _�:b �� - E'er:_ - '1- - . - •. �. �Lryjc: ''fa:�x v��: S lt.._s} .a'% ,2L..�$� n5:�.,. .2 :�z1. f',.. c , No Addresses are linked to this Appl ication - � :�, x � :�<� _•��,�'.�- r�.� 1004000005058000 _ L C,^%- \✓ ` - .„r- ' y' s , sit. x� t z - r x s-r r ar �` tea, -- _ Z a -�.1av e�i - z -. s a• vz No Parcels are linked to this Application - -r-. �"5 �...� w 71' ! ��3. t1�,- r� ^ € ., �£�s: � :-.T s- L f, - �4r..v -� -- Y�r:;_r,.,y�.✓r� t � ] .,i:£ <�:y2 }.. �.G. S/ 5..�� - = �',�Rl�fi� fttsl�p,�it:l�$.�� s , , c. �� � ? r `z �- > .� .�� -�?, Y`„ � ✓..- z., C4 of Buffalo GG Building Application 65 Magara Square BUffaID, NY 14202 (7ie)851.4949 Fax (716)851-5472 Report Date 1 11091201 4 01:03 PM Submitted By DAVID KRUG Page 2 Primary N capacity OWNER" Contactil) AC236994 0 Foreign Effective Expire Name BETHEL 1461 MAIN STREET LLC Day Phone Eve Phone Organization fter PIN # Poal(lort Fax Mobile Profession E•Malt Address 1626 MICHIGAN ST BUFFALO, NY 14208 USA Comments No comments Primary Y Capacity Type EffbotIva Expire Contactil) BURKE Name BURKE HOMES LLC (GNC) Phone (716)646-0047 x Fax (716)646-5610 Address 6540 SOUTHWESTERN BLVD comments HAMBURG, NY 14076 - No Comments 6 Him AC(17138(I DAVID BURKE w m ME 0 AggL, _rl_z�L aim wo-- w M n GO PLAN REVIEW - INSTITUTIONAL P 0112812011 11:6`1 513,00 GO PMT, INSP, 0 OF 0 FEE - INSTITUTIONAL P 041111/201100:21 514.60 CC PMTINSP,C OF 0 - INITIAL FEE P 04111/201109:21 200.00 APPLICATION FEE(PLANS) P 0112812011 11.51 60.00 Total Unpaid 0.01) Total Paid 1277.60 'I'm MOMMM ffl- NMI 9 :P1 NN 539966 PPIAN 1 N 0111271201116.19 02/012011 02108=11 ABROWN 539988 HPLAN 1 N 01/27120111 0210812011 021101201100:00 ----ABROWN 539067 ELECTRICAL I N 01127/2011 02/1012041 00 :00 QW14120 0 ABROWN 642802 ASS COMB'. N. DIGEF City of Buffalo GG Building Application 65 Niagara Square Buffalo, NY 14202 (716)861 -4949 rax (716)851 -5472 Report Gate 1110912 ©1101:03 PM Submitted By DjWID KRUG Pags.3 539964 SCODEREV 1 N KLEMP 539965 MAN 1 N KELLL APPROVED BY K. PETERSON 530969 ASt3 1 N KRUGD Detail 1. PRIOR REQUIRED APPROVAt_5 Comments 041011201 No Comments 041111201109:05 PRIOR APPROVALS Q Notarized Pe €missionl Mo. Arts Commission City survey (won't) ❑ Arts Comm. Approval ❑ Subdivisions O Special events Q Simple Darnolltion Q Telecommunication >vommBn Council City Englnearing Q Admin OiticelApts R4 Q Curb Cuts ❑ Beauty Parlor R2 (Q Encroachment © Canopy/Marquee ROW [❑ Oversize Trucking ❑ Fre estanding Sign Q Plumbers' Cuts C) Human Servlc a Feallity ❑ street cuts ❑ Portable Sign in ROW Q Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan Modified By GRUND CD Subdivisions Environmental Review Q Urban Renewal Q S.E.O.R.A. O N.E.P.A. city Snrvay ❑ Address Permit Law Ottico ❑ Development ❑ insurances Check Flood Plain ❑ Title He(d Dotail 2. PLAN REVIEWS Comments No Comments 0112712011 16 :10 011271261 16 :19 0112712011 16:19 Modified By D1GEF 031141201100:00 041011201109:34 041011201 041111201109;14 041111201109:05 041111201109:05 . Modified DatefTime 031011201111:11 Permit Oftice ® Asbestos Survey C) Asbestos Abatement Q E3ondlEeriltisd check Assessment Combination ❑ First Insurances Check ❑ public Works approval Q Notarized Pe €missionl fer portable sign one year Lease showing Use ❑ RodentNermin Bait encroachment Q Sewer/WaterCut ❑ Sewer Retention Q Simple Darnolltion Q Telecommunication Q Simple Plan Approval Q Tree over 4 at 4' Zoning/Use Check ❑ Thruway Sign approval Preservation Board ❑ zoning Variance Q Preservation District ❑ Contiguous Check Water Department New Water Supply Q Water Retention Modified By GRUND Modltlod Datefrima 0112712011 16:19 City of Suialo CC Building Application 66 Niagara Square Buffalo, NY 14202 (7 -4949 Fax (718 )851 -5472 Report fate 11!0912011 01:03 PM Submitted By DAVID KRUG Page 4 PLAN REVIEWS Mans Review Required Revisions Req ❑ Simple Plan Review by Permlt Office 0 Revisions Required for Simple Plans ❑ One- and Two-Family Plan Review ❑ Revisions Req d for 1- and 2- Famlly ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mull. Dwellings �j Building Code Rev €ew ❑ Revisions Roq'd, for Bidg Code Rev. Citywide Site Plan Submission Check ❑ Revisions Req'd. for Cltywtde Site ❑ Sewer Code Review 0 Revisions Required for Sewer Plans Plumbing Code Review (] Revisions Requited for Plumbing Electrical Code Review Q Revisions Required for Electrical HVAC (Mectrantoal) Cade Review ❑ Revisions Required for HVAC {Meeh. 0 Elevator Code Review ❑ Revisions Required for Elevators Fire Code Review ❑ Revisions Required for Fire Bureau _ ON.Rw...Y^ jay' - J. _ - - '.. -Y.: _ -� • -• W_ 4.r i - 1 No.Cond€Uons _ 0° - Tr MINE �-• - • ' , mss -' - M . Mlaa - e T s . 7 -= may.••'•_ IT-•• «.. W.rT Tt -.. 0 No, of !residential Units Lost d Residential [J Work Without Permlt.(FINF) Debris: 0 No. of Residentlal Units Addod g Commercial 0 Work Done by Owner ❑ Truss Consliuction (] Zoning Board ofAppeafs ELEVATORS You must fill out the custom form on activity detail if there is ELEVATf3Rwork to be completed. Building Constructlon: it B t 7340.00 Y P - MM - h - = No Employee Entries _..... . to p No Log Entries Describe the overall "project'' and the affect it will have on he.Municipality. Include a e erai description the intended reuse for the properties included in this raject. Nate: Part 7.a requires a full description of the reuse f ©r each individual pr'op The Jeremiah Pa .Proiect 2010 is a neighborhood development initiative that includes the following projects: 998 Broadway` -- Performance .Ails Center and 800 seat banquet facility 1461 Main Street — Comprehensive Head Start facility 1373 Main Street --- Office and retail center servicing a major transit hub. 656 Genesee Sheet — Conference and business services facility 437 Broadway Street — Retail and professional services facility 8 MZ al Name Buffalo Pr NalYie l . Jeremiah r`trtgCr'S t PI U' C$ Mai Describe the overall "project'' and the affect it will have on he.Municipality. Include a e erai description the intended reuse for the properties included in this raject. Nate: Part 7.a requires a full description of the reuse f ©r each individual pr'op The Jeremiah Pa .Proiect 2010 is a neighborhood development initiative that includes the following projects: 998 Broadway` -- Performance .Ails Center and 800 seat banquet facility 1461 Main Street — Comprehensive Head Start facility 1373 Main Street --- Office and retail center servicing a major transit hub. 656 Genesee Sheet — Conference and business services facility 437 Broadway Street — Retail and professional services facility 8 The Jeremiah Partnership pxo will revitalize major commercial corridors in East Buffalo and increase and enhances the availability of professional office to encourage professional service and human service providers to locate on the eastside of Buffalo. Quality educational and family support services are increased for 72 eastside children and families while providing additional employment opportunities. The experience center will serve as a catalyst for commercial and retail development in the Broadway - Fillmore community, 0 Part -� project Information - Page Z - l�eslore T foals Part 3 — Project Infol•ination Page 3 -- Project Conformity to Local Plans Municipal Ci crfBuffalcr Name Project Name deu errrialr Partrrersiii . CDC's Eastsitle Revitali atlorr Jrritiatives Describe how this project conforms to a local revitalization or urban development plan, or is otherwise architecturally consistent with nearby and adjacent properties. Each of the seven faith -based organizations within the Jeremiah Partnership for Community Development has collectively identified priorities for the City's Eastside using the following City-sponsored planning documents as a rationale for pursuit: 1) Artspace Buffalo= Organic Revitalization for Midtown Buffalo 2) Bast Delavan Community GNPA Plan. and Policy Document 3) Jefferson Avenue CARE Plan 4) Masten District Plan 5) East Buffalo GNPA Plan True Bethel BABaptist Chj rc h , s renovation activities at 998 Broadway have been. identified as a priority for the business community at the nearby Broadway Market as indicated on page 14 of the East Buffalo GNPA Plato. The Plan states, " "The Broadway Market is one of many historic buildings... symbols of neighborhood her itage anchor Broadway-Fillmore's identity and historic value. They may serve as points around which revitalization efforts can be focused" The church has purchased 998 Broadway, site of the former Sattler's department store, one of Buffalo's most beloved retail institutions, with the intention of reopening the vacant storefront as a major banquet and performing arts center. The now vacant store, most recently a Kmart, wound become home to a 2,000 -seat performing ants center and an 800 - seat banquet facility. The church also plans to use part of the building for church offices and classroom: space. This structure is poised to further reestablish the Broadway - Fillmore Commercial district as the premiere destination to enjoy multicultural activities thereby advancing and addressing the goals presented in the East Buffalo G document. Zgem tnrnrrni Devclo menu Cor oration proposes to rehabili tate the property at the as a small business incubator and rner of Main Street and bast Utica Street for use he property and its planned use are key activities to be undertaken in an effort to pportunities identified iu the Attspaee ijrgatlie Revitalization for Midtown n< The Main Street Development Section of the report states "Along tlue stretch of Man treet from North to Ferry there are numerous sites for development,.. To conform with Elie Transit District... new developments should consist of multiple uses such as commercial space on the ground floor with residential space above...where possible, any pre - existing confornrirug structures... [that] follow traditional Main Street design, fit in very well with the community." Funding for this project will erasure that Midtown develops aggressively and appropriately. Bethel Conrrtnur lit Devt:loprneurt Cor oration a leader in the early-education arena, proposes to renovate 1461 Main Street to grouse an Early 14cad Start program and additional head Start classrooms. once completed this facility will serve tire, rising number of working professionals who now reside in the Packard Building Lofts and other market rate residential developrneruts in Midtown 13urffalo. The Artspace -- �Or�ganic Revitalization for MidtOw" Buffalo Plat offers this statement in support for Bethel CDC's activities: "Around th Lm Stations, particu lar attention should be placed on locating small markets, dry cleaners, and day care facilities to encourage use of the rapid transit system by offering the convenience of having retail stores for which daily commuters must usually ►hake separate trips." Greater Refu e `1'en ie proposes to renovate the property at 656 Genesee Street in an effort to complete com.inereial development already in existence in the OPT Plaza created by this Church's CDC, Page 7 of the Jefferson Avenue CAIM.. Plan outlines a physical master plan for this premiere neighborhood commercial strip by identifying the Block of structures near 656 Genesee Street as a "gateway" and encouraging the City of.Buffalo and other development entities to redevelop "Jefferson Avenue so that it] will better serve is primary trade area, and enable the District to transform into a destination for those living within the Greater Buffalo Metropolitan Area." Pentecostal Teintrle proposes to renovate the eornrttercial structure at 437 Broadway at the corner of Spring Street to augment Sycamore Village, a nearby residential development have been identified as a priority for the business community at the nearby Broadway Market as indicated Oil page 10 of the East Buffalo GNPA Plan. The Plan states, "The Broadway Market is one of many historic bi itdings— symbols of neighborhood heritage anchor Broadway- l identity and historic value. They may serve as points around which revitalization efforts can be focused." The market as well as the City's newest housing development will ensure and support the work of the churches CDC. l Part 3 — project Information Page 4 Project Time Line lt�niatci al Name Buf'f'alo RP �•o'eNarae Jsreia6'artnershi PrQ'ect It is anticipated that municipalities will be notified of Round 3 Restore NY awards by the end of July, 2009. Complete the timeline - below providing a project start date and completion date. Fill in additional milestones and parties responsible for completing - those milestones. Responsible Anticipated Task Description par Time Restore NY Award Notification. ESDC 711!2009 Project Start Date Munid alit See individual Jeremiah Partnershi ro'ect narratives in part '7a Project Com letion Date Munici alit Submit Final Report and Payment Request to ESDC Municipali 11 Part 3 b-- Project Information Page 5 -- Project Finding Munici al Name Buffalo Pro'ectNama �'ereaniah Parfizre�•sl�i Project Describe how Restore NY fends will be used in this project. Restore NY funds will be used to complete the rehabilitation of 5 cor morcial properties on Buffalo's castside ( 1461 Main Street, 1373 Main Street, 437 Broadway street, 998 Broadway Street and 656 Genesee Street) Identify all local public funding as well as all private and not-for-profit funding applied far or received for this project. Provide the names of entities, status of applications, including amount . of funding requested, committed or received. Identify all state and federal funding applied for or received for this project. Provide program names, status of a lications including amount of funding re nested, committed or received. NYS or Federal Agency and Program Name Amount of Funds Status of Application Status of Funds Received Committed Re uested Q El El El El EJ ® 1 1l El E ❑ 0 Identify all local public funding as well as all private and not-for-profit funding applied far or received for this project. Provide the names of entities, status of applications, including amount . of funding requested, committed or received. Source Amount of Funds Status of Application Status of Funds Received Committed Re quested Q El El El El EJ ® El El F h e pr oject is not fully funded, explain what other sources the municipality will seek, or - -- asures it will take, to fully fund, implement and comp this project, 12 Part 3 — Project Informat.1011 Page 6 -- Project Results Munici aI Nam Buffalo Pro'ect Name Jere n4al Paz taea slzi z J .Gf �A171 Street Describe the.measurable results and economic impact the entity expects to achieve through this project. Include numbers of new or refurbished housing units arid square footage of industrial and cornmerGial s ace. The measurable results and economic, impact from this project are 8000 square feet of commercial is utilized, 16 jobs will be created. and 72 children an:d their families will be given expanded services. Rental income of seventy thousand dollars ($70,000.00) per year will be generated along with increased utilities and insurance. The 16 jobs will generate four hundred and fifty -Five thousand dollars ($455,000.00) of income. The project will create over on halt' million dollars of new funds for the eastside of Buffalo. Describe, and quantify where possible, how the project will facilitate effective and efficient use of existing and future public resources so as to promote both economic development and the Y8se7l"Vc`ltlotl Of Gflml�unif reSOUYCes. This project will utilize federal stimulus funds in the expansion of Bethel Head Start to create jobs and expand services to at risk children. Providing 72 children with services to prepare them for their educational career will promote, prepare and preserve our most cherished community resource, our children. Additionally, 72 families will receive services that will improve their economic potential and possibilities through training and information sharing. Describe, and quantify where possible, how the project will develop and enhance infrastructure and /or other facilities in a manner that will attract, create and sustain employtx�ent o ortunities, The 72 additional Head Start opening will provide 72 households with quality free daycare that will enable the parent(s) to seek full -time employment. The 16 jobs created by this project will be permanent jobs in a program that has existed for 40 years and is a priority with both our federal and state governments. f �Proj�eet fo rmafian Page 7 P Project S1te Map Inset a site map clearly identifying all targeted properties in this project, Map should be no larger than 24 x 36 ". 14 �A �e- Part 3 -- P ti Information Pag 8 -- Mu�iici al T�iatne f3.ufalo l� Project Name. Gly of Buffalo Nei - hborhootl Revltauzation./ City of Buffalo Commercial and �IJIC4� USC Urban CBn� @r Revttat�atian Describe any public comments, either for or against this project during tho Public Hearing. The first public hearing on the Restore New York application was held April 14, 2009, regarding residential and commercial demolition candidates as well as the rehabilitation of residential and commercial building sites. The hearing comments are summarized below. Common Council Member Rivera expressed his pleasure with the proposal to rehabilitate homes on Buffalo's West Side around School 38, a recently renovated building that was part of the Buffalo Public School's ,Joint Schools Construction program. He stated that activities such as these continue to revitalize the neighborhood which increases private investment in the area and increases the tax rolls. One East Side resident expressed concern about the amount of demolitions being performed and encouraged leaders to proceed with caution when demolishing structures, particularly houses that are historic in nature. He further expressed the need for funding to help homeowners fix up their own homes. He was informed that unfortunately, owner occupied rehabilitation projects were not eligible under the restore NY program. He and the audience were further informed that if they found a property listed in the News publication that would like. to rehabilitate, they were encouraged to contact the City's Real Estate Division. They were given contact information for the Real Estate Division. A local community activist encouraged community development organizations and neighborhood leaders to get behind the proposal and to use opportunities like the Restore NY program to help build community development capacity. He further encouraged residents to keep tabs on the city's vacant property list for opportunities in their own neighborhoods. A representative of the Local Initiatives Support Corporation (LISC) commented about how unfortunate it is that Buffalo needs to perform demolitions but recognized that they are done as a last resort. He further commended the City on its partnership with Groundworks, Inc. where they are employing creative, green reuses of vacant lots in the NRSA target area. A University at Buffalo professor was critical about the lack of green mandates included in the Restore NY .program and pressed the city to address'blight in a block by block manner rather than scattered site demolitions. Following the solicitation of all residents seeking to appal[, the hearing was closed and the Buffalo Common Council unanimously voted to approve the municipal resolution permitting the City of Buffalo to apply for the Restore NY program. On April 18, 2009, the City held a city-wide community conversation event where the Restore NY conversation continued. Residents were encouraged to review the list and to determine future uses for the properties post demolition. Many productive conversations included urban agriculture, playgrounds, ln4ill housing. Part 4 — Prgiect Readiness and Feasibility Page I Transportation and Utility Systems Readiness Has a trans ortation anal sis been com feted Has an analysis of the water s stem been cor. Has an anal sis of the sewer system been cot Has an anal sis of the electric system been c Has a a anal sis o tthe gas system been com Has an analysis of the t elecOtn system been c Respond to the questions below. Attach doc unentation ot�ly as indicated below. Other documentation must be available upon request. Yes E] No � Not Applicable x �d� yes (� No ® Not Applicable x edq Yes No Not Applicable x pled'? Yes No Not Applicable x ? Yes No El Nat Applicable x feted? yes No ❑ Not Applicable x 16 Respond to the questions below. Attach doc unentation ot�ly as indicated below. Other documentation must be available upon request. Part 4 Project Readinm and Feasibiii . Pa e 2 Me Has a Phase 1 Environmental Site Assessment been completed? P �v Lt nviroaamental Readiness Has a Phase 1 Environmental Site Assessment been completed? Yes ❑ Na � Is the project located on or adjacent to a Brownfield? If yes, what is its environmental status and impact on the project? Yes No Are there any other known enviroaianentally sensitive issues affecting the project (e.g. endangered species, wetlands, etc)? If y es , natxae them and their status. Yes Q No Issue Status Has the SETT consultation process been initiated? If yes, what is the status? Yes ❑ No ')<-- Has the SEQRA review process been initiated? If es what is the status`? - Yes No Has an energy c onservation analysis been. performed? Yes No Are Green Construction techniques being employed? Yes [ No 17 Fart 5 — Project Overall Project Funding Request M Name - - Buffalo _ irSD me Jerem lah 1'a rtnersltip —1461 Main Street Western New York Total Proicot Costs Total BN K din Re Total Residential $ $ 76306-00 Total Commercial $$8,41$.00 $ Total HazMat $ dR -- AND TOTAL $848,418.00 $763,576.00 NOTE; For Rcsidentlal Properties, nmimuln award for demolitionfdeconstruction is $20,000; for rthabilitationlreconstruction, it is $100,000. See Guidelines Section 5 for atlo moo charts for Commercial Properties and HazL at rates. 18 Part 6 — Property Assessment List Munici alNatn $uffatb Pr ©jest Name Jeremiah Fartuershi — 1461 Main Street. List and sequentially number all properties submitted for this project. Properties with both a demolition/deconstruction phase AND.. a rehabilitation/. reconstruction phase must use. separate lines to define EACH project phase, This list must be published in a local daily newspaper for three consecutive days and be the subject of a public hearing. DM-Demolition V- Vacant M -M xed Use AC- Deconstmetion A- Abandoned R- Residential RH- RehablEtation C- Condemned C- Commercial RC-Reconstruction S- Surplus # Site Name /Address S .Ft. * see definitions * see defmitions *see definitions 1461 Main Street Buffalo, 8000 C RH v 1 - NY 14244 See Guidelines Section 7 for definitions. t 19 7 -a — Individual Pr ope�a a 8heef Is the Zone located in an: Yes x No Brownfield Opportunity Arca_ ®Yes x No ff YES, provide name o zone /area: Project Type: (Check all that app�i� Dernolltion Rehabilitation x See Section 7 of Cxuidelines for Deco nstruction Reconstruction r In specific terms, describe the reuse strategy for this property. kitchen and A ,program. facility for Bethel Bead Start. consisting of four (4) classrooms, gross motor room, office. This renovation will allow Bethel Head Start to expand services for 76 children 3 and 4 years of age from half-day to full day, hire an additional 16 staff (4 teachers, S teacher assistants, 2 kitchen workers and 2 case managers), Bethel Head Start currently occupies the finished half of building as administrative offices. August 2009 or as soon as funding is approved Estimated, start date: December 2009 Estimated completion date: 20 Complete an Individual Property Data Sheet for each building in this application. Limit description to the space provided on this form. Attach a photograph of the building fagade for each property. Attach a Site Control Affidavit for non-municipally owned properties (Part To). Assessed Value 335,700.00 Date ofLast 12005 of Property I I Assessrnerrt Describe status of permits, zoning or other regulatory requircments. Zoning requirements are met, plaguing hoard approval will be secured after fiinding award. ATTACHMENTS: (1) Fagade Photo - (2) Site Control Affidavit (if necessary) P'a�°f 7.b �-- �nd>evir�uat Ji'lt•� �r Bud �t '� e 1 Muniai al Name Buffalo Project Namme IeKemiah 1'artnersl�i —1461 IyTain Street Site Name/Address 1461 Main street Buffalo, NY 14209 ESD Re ion Western New York Total Square Feet (SF) 8000 I—RcuK var, lit L251 lk 4ViUltL11 Type of Construction Documentation Attached Cash iuil€iin a co�mmerciallz�aixed -use on l 13uildia1 Cate o '� Project T e Residential W office — Class A x Vacant X Demolition El Com niercial x Office — Class B ❑ Abandoned Abandoe ❑ Deconstruction Mixed -Use ® Office -- Class C ❑ Surplus ❑ Rehabilitation. x Office - Class D ❑ Condemned ❑ Reconst"110tiOn ❑ No Other 3 Light Mfg -- Class B ❑ .Light Mfg -•- Class C ❑ ' No'❑ Light Mfg — Class D ❑ Other 4 - Retail — Crass C ❑ No LI Retail — Class D ❑ See Guideluies Section 7 for Detuuttons. RNY Funding Calculation for Commercial Buildings Wommercial ONL - Maximum RNX �Q2i11�1 @rClSSl AllOivanCe x Total SF + HazMat Alloviance x Total Sl = Fundin Re m 144.96 8000 38,12 0 1,159,680 X + See Guidelines Section 5 for Coanniercial and HazMat Allowance Charts Sources of Project Financing rs itemized on the Sources and Uses Statement Name of Entity Funding Amount Documentation Attached Cash Bethel Community Development 84,841.80 Yes x No Yes ❑ No Balk Yes ❑ Na Other 1 Ot1�er 2 Yes No Other 3 Yes. ' No'❑ Other 4 - Yes No LI x ATTACHI4'IE NT: 21 SINGLETON April 23, 2009 CONSTRUCTION C®NS11I TANTS, Inc. Rev. Richard Stenhouse Bethel Community Development Cozporatian 1525 Neligan Avenue Buffalo, NY 14209 Dear Rev. Stenhouse: Singleton Construction Consultants bw determined the project budget for the Bethel Head Start rehabilitation project located at 1461 Main Street in Buffalo, Now Fork to be as follow: Estinnated Construction. Cost $783,418 AwhiteotlM and Engineering pees J AIM0 Project Budget $848,418 If you have any questions, X can tae reached at the plane numbcr MOW. Best wgards, Carla A. Singleton, Assoc. ATA 226 Maine Avenue Buffalo, NewYmdk 14208 MAW 71.&M-2197 Fans: 716-842 °2149 �,.�i1; t�lug )csir38teioncOEuultan�s.t�m Websita: www,sln8)etonGUnsulsea�s.com April 24, 2049 Trevor McNeal, Project Manager Bethel Community Development Corporation 1525 Michigan Avenue Buffalo, New York 14209 Dear Mr. McNeal: Bethel Head Start, Inc. will lease the renovated section of 1461 Main Street. We understand the renovation will consist of four (4) classrooms, a gross inotor shills room, a kitchen, and an office for a case manager. Bethel Head Start is prepared to enter into a twenty (20) year lease for this space. We look forward to hearing from you concerning a time -line for the renovations. Thank you and Gott bless. Sincerely, Reverend Richard Stenhouse Funded by Health & Human Services (1IHS) A Community Action Organization Program Equal Opportunity Employer Willie Pulliam 1461 Main. St LLC 1525 Michigan Ave. Buffalo., NY Dear Pulliam Bethel Community Development Corporation commits to providing Eighty -four thousand eight hundred forty -two dollars ($84,842.00) to the renovation of 1461 Main Street. These funds will be provided for soft costs, furnishing, and equipment. Sincerely, Trevor McNeal Project Manager 1525. Miclfigan Avenue ➢t Buffalo, mtiv Yarh 14209 u Tel: 716- 886 -1650: Fax: 716-886-2311 22 -A 7-b — Individual ProgeKty Budget — Sources allL Jses Statement Municipal Name I Bu ProjectNa tnershiR — 1461 Main Street Site Name/Address Uses of Funds Sources of Funds Total Restore Muni uL tr j Ban XMheir 2 d er 3* Other 4* Eq AMMEM I ae ]3 SubtoW General Constmedon * New constuction * Renovation 763,357 687,218 76,139 Subtotal Sass amore / Site Prep ab ataann Demolition On-Site Stets Water/Sewer Excavatioa/Cizading Enviro. Cleanup Subtotal Indirect/Soft Costs irofessk 6(1,000 -�4-,000 6,000 Service/Consultents 3,000 2,500 500 Irlspections Fees Soo 500 J 1,500 1,500 Eaviro. Assessment LMd Costs closin,% Costs Contuz envies Subtotal 65,000 58,5f1Q 6,500 Mer Costs Subtotal TOTAL 848,418 763,576 84,842 25 I Part 7.e — S ite Control .Affidavit for Non-Municipally Owned Proper � Mu�ect Name Buffalo Prome Jeremiah Parrtnerslxi _ 146I IYlain greet It is my /our understanding that Buffalo will submit a Restore NY (MUNICIPAL, NAME) grant proposal to Empire State Development Corporation requesting funds to revitalize urban centers, induce commercial investment and improve the local housing stock. Uwe further understand that the Restore NY program provides grants for up to 90% of the costs to demolish, deconstruct, rehabilitate and reconstruct residential and commercial properties, subject to applicable program grant limits. Uwe further understand that the ,Buffalo _ -_- is proposing to use these (MUMCIPAL NAME) funds to demolish, deconstruct, rehabilitate and/or reconstruct my property at 1461 MainStreet ,Buffalo,NewYork,14209,_F,rie, STREET, MY, STATE, ZIP (COUNTY) Uwe certify that Uwe are the rightful. owners of such property and that I /rare consent to have ray /our property included in the Restore NY application and will allow the municipality control of the shove mentioned property for the putposes outlined in this application. 1s1 Type/Print Name /s/ Type/Print Name Phone: Phone: This is to certify that I have reviewed the tax roles for the (ivIUNICIPAL NAME) and determined that C& YN)LII)I is /are the owner(s) of'record of (NAML(S) QIF PROP.M3 O R) STREET, CITY, STATE, ZIP COUNTY) TAX MAP 0 1 O I9 , q0 as of the most recent assessment period mid that no transfer of ownership information has been transmitted to the 1 since that date. WNICfPAL NAND) (CITY CLERIC / TREASURER) Type%Print Name HK - I S erl �r _ -- - 24 ici Narr ec ive N tNa hex eiial'a� tnersi - 161 IVIaireef . Will the project be conducted by the municipal ap plicant ? Yes ❑ No x 26 Part 8 a- Praicct IM page 2 Municipal Name I .Buffalo . Pro'ect Name Jerenialr par #nerslri 1441. aintreet Describe the scope of work to be The 1461 Main. Street renovation project will rehabilitate 8,000 square feet of vacant space into four (4) classrooms, a gross motor room, kitchen and office space for Bethel (lead Start. This renovation will allow Bethel Head Start to expand services to seventy-two (72) 3 and 4 year old children from Part -day sessions (7.5 hours per day) to -full -day sessions (7 hours per day). Additionally, sixteen (16) new employees will be hired: four (4) teachers, eight (8) teacher assistants, two (2) kitchen staff and two (2) case managers. The scope of work will include: architectural and engineering, new electrical wiring, new energy efficient heating and air conditioning, construction of 4 classrooms with restrooms, construction of a kitchen that meets city and state requirements, new energy efflciernt light fixtures, new doors with hardware, painting, 4 skylights for the classrooms, flooring, suspended ceiling, roof repair, installation of a glass block window on Main Street side, constivetion of gross motor room: and office space and construction of entrance into renovated area. This project compliments the City of Buffalo's renewal initiative for Main Street. 1461 Main Street is sI.ext door to a recently opened Budget rent a car outlet, a block from a transit center stop, a half mile from the Arts Space condominiums, a quarter -mile from the Packer Building renovation that consists of 44 rental units and one block from the proposed renovation of 1373 Main Street. 1461 Main Street is owned by 1461 Main Street LLC a subsidiary of Bethel Community Development Corporation. Bethel CDC has committed to provide the ten percent investment required by the giant guidelines. 27 ..$ Part 8 — Project hupleimentation Page 3 Municipal Name Buffalo Pro ect l�tameereririah Par tnerslri ISI Nlaiar qtr eet Describe the entity's qualification and prior results achieved. Include credentials of individual participant , in the project. ,Attach resumes if available. Jeremiah Partnership has been the major economic developer on the eastside of Buffalo. Founded by eight ecumenical churches, the Partnership has developed the following: Two (2) mini plazas on Jefferson Avenue; the ORT plaza and Jefferson Marketplace. These playas were developer at a cost of three million. dollars. Day Care facility on Jefferson and Woodlawn where Bethel Head Start leases to house 4 classrooms and provides services to 122 3 and 4 year old children. This facility was a 2.1 Million dollar development. Renovation of 50 houses in the Fruit Belt and Masten neighborhoods. Construction of 24 houses in the Cold Spring/Masten neighborhoods Operates a Subway franchise on Bast Ferry Street that provides 20 part -time and full -time jobs. 28 Townhouses in the Fruit Belt neighborhood, a 6 million dollar development 5 houses in the Fruit Belt neighborhood, a 1 million dollar development Hospice facility that provides 8 beds for palliative care, developed for 2.8 million dollars Operates a foster care program, the Minnie Badger foster care program Purchased property at 1461 Main Street and 1485 Jefferson Avenue. Opening a Subway franchise at 1373 Main Street in the late summer of 2009 Operates a Head start program that services 544 3 and 4 year old children. Operates a elementary charter and Christian schools Operates two federal credit unions: St John federal credit union and Bethel federal credit union Operates two bookstores Entered into contract to purchase 998 Broadway for a Perfonning Arts Center that will include a banquet facility. The banquet facility will provide fifty part and full time jobs Partnered in the construction of 29 rent to oven houses in the Masten. neighborhood Constructed 12 houses on Earl Street Rlm Operates a 154 HUD sponsored housing complex Operates two senior citizen towers The Jeremiah Paalnership has the experience. and capability to complete the projects in this proposal. The projects will create mumerous job opportunities for minorities and utilize minority and women subcontractors in the projects. After completion of the projects job opportunities will be provided to a community in dire need of employment. M Munici al Name BulF""o Pro'ect Na me Jez ezr�iah Partnershj - 14.61 Main StNot If any other entity (local, state or federal agency o r xivate investor) will be involved in implementation of the project, identify each entity and desetibe them involvement.' 31 Part 9 — Non Discrimination and Affirmative Action Municipal N ams I Buff ProiectName .l eremialr f'artneiEsi� It is the policy of the State of New York, and the ESDC, to comply with all federal State and local laws, policies, orders, riles and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action in working with Contracting Parties to ensure that Minority and Women-owned Business Enterprises (M/WBEs), Minority Croup Members and women share in the economic opportunities generated by ESDC's participation in projects or initiatives, and/or the use of ESDC funds. ESDC's Nona Discrimination and Affirmative Action policy will apply to this contract. The selected municipality shall, to the extent permitted by law, agree to undertake a program of affirmative action as directed by and substantially in accordance with the affirmative action program. of ESDC. if your project is approved for f coding, where applicable, ESDC's affirmative action unit will implement an affimative action program, including business and employment participation goals for minorities and women. For further information regarding ESDC's Non.-Discrimination and Affirirrative Action program, contact the ESDC Affirmative Action Office at (212) 803 -3224. 32 To identify opportunities for MIWBE and workforce participation, place an X in the appropriate. boxes below to indicate those areas where MI"Es, minority and female workforce may be utilized. NOTE: All SEQRA reviews must be completed prior to ESDC.Board approval. Physical work on a project must not be startp 4 prior to completion of appropriate SBQRA review. 1. Does your project involve any physical alteration to a site (including demolition) or to the exterior of a facility, change in the nature of the activity conducted at the project site or facility, or result in significant changes to the project site area's activity patterns? YesKNo [l If YES, answer question 2 below. If NO, skip question 2 as your project probably does not require / / /// "''' environmental review. Your application will be reviewed to confirm this. 2. Does your project involve: n ,Acquisition of real estate? Yes [] NTo I'nfrastritctare improvements, other than extensions of existing distribution systems in approved subdivisions or site plans? Yes [ Noy * Renovation or new construction that will add more than 4, 000 square feet or requiring a zoning or land use change with no other discretionary action? Yes ❑ No) * Procurement of environmental regulatory pennits? If YES, name the permit(s) required: Yes ❑ No Demolition of a bu ilding(s)? Yes (l No * if YES, is there currently a specific project plan or proposal for redevelopment or change in the type or intensity of use of the site? (Note: SEQRA review is required for all known or reasonably foreseeable Ycs� I\To F] pleases of the project, including airy fitture redevelopment plans or plans to chaiige the use of the site.) a Alterations to (other than for preservation) or demolition of a building(s) listed on or eligible for listing Yes ❑ Nokf on the State or National R egistef ofHisto Places? if you answered YES to any of the above, your project must be reviewed under SFQRA by a lead agency. (A "lead agency" is a public entity principally responsible for undertaking, funding or approving a project. Examples of lead agencies are: county Industrial development agencies; municipal planning ageaiciesPooardslcouncils; health departments; and zoning boards.) Has a S13QRA review been completed for this property? Yes Q No NTA�j If YES, provide a copy of the envirotnmental assessment fantt (EAF), including Short I AF Parts 1, 2 and 3 or Full EAF cover page and Darts l and 2 (and fart 3, if completed), and the Negative Declaration. - If NO, on a separate page explain the status of the project's SEQRA review, provide the identity of'the lead agency, and date when the SI?QRA review is anticipated to be completed. L If an Environmental Impact Statement (E'IS) was required for the project, provido a copy of the — .. -Draft and Final EIS (digital copy is acceptable) and the lead agency's Statement of Findings. 30 For information about the State Environmental Quality Review Act (WQRA); visit the New York State Department of Environmental Conservation's web site at If you have any questions about the required SEQRA documentation or how to proceed with this application, contact your BSD Regional Office (see Section 10 of the Guidelines), or ESDC's Planning and Environmental Review Office at (212) 803 -3252 or 3253. Page 30 (a) SEQRA Review —1461 Main St. Rehabilitation The project appears to he an Unlisted Action. The City proposes that the Buffalo Planning ward act as the lead agency for the project. The completion date of the Bl QIA review is not known at this time. Does the project involve: • Demolition or rehabilitation of a building(s) more than 50 years old? F Yes�No • Demolition or rehabilitation of a building(s) or new construction on or contiguous to a site listed on or eligible for listing on the State of National E] Yes o Registers of Historic Places? If you answered YES to either of the above; the project requires consultation with SHl'O ill accordance with Section 14,09 of the Now York State, Historic preservation Act, Follow the instz•uctions in Section 9 of th Guidelines and submit materials to SHPO for review. Attach a copy of the Project Review Cover Form to all subsequent documentation sent to SKPO. NOTE: SHPO's Letter of Determination of No Adverse Effect or Letter of Resolution to Mitigate Adverse Effect isis r prior to ESDC Board approval. Upon receipt of SHPO's letter, submit a copy to Empire State Development, ATTN: Loans & Grants/Restore NY, 633 Third Avenue, New York, NY 10017. 31 For issues relating to consultation with the State. Historic Preservation Office (SHPO), visit the New York State Office of Parks, Recreation and Historic Presetvation's web site at l��tW/fr vsnarks.state.n . € €sfsl�p You can also contact your ESD Regional Office (sec s 10 of the Guidelines), of ESDC's Planning and Environmental Review Office at (212) 803 -3252 or 3253. Burke Hemel, LLC Actual Construction Budget Project. BETHEL HEAD START (DAYCARE RENOVATIO N HEAn START DAYCARE RENOVATION & NEW GARAGE CONSTRUCTION BUDG 41!7!2011 Page 11 of 1 CS! DIV SCOPE OF WORK VEN13OR sud et 1 - GENERAL CONDITIONS General Conditions BURKE HOMES, LLC 38,275.00 1-GENERAL CONDITIONS Contingency BURKE HOMES, LLC 25,000.00 2 - SITE CONSTRUCTION GARAGE & FENCE WALL DEMOLITION, CLEAN-UP GENE METZINGER 92,600.00 2 - SITE CONSTRUCTION GARAGE INTERIOR FILL & COMPACTION GENE METZINGER 1,000.00 2 SITE CONSTRUCTION BLACKTQP PAVING NO CONTRACTING 21,400.00 2 -SITE CONSTRUCTION CHAINLINK FENCING. GATE & OPERATOR CAPITAL FENCE CO. 11 800.00 3-CONCRETE COMPLETE NEW GARAGE FOUNDATION, RETAINING WALL$ & FOOTINGS ZELASKO CONCRETE 23,200.00 3.-CONCRETE FLATWORK - INTERIOR BLDG BURKE HOMES. LLC . 55,000.00 3 -CONCRETE FIATWORK - GARAGE BURKE HOMES. LLC $ 000.00 4-MASON . RY 8' CMU FILL IN OPG & CUT IN NEW OPGS, RE -POINT REAR ELEV CMU UNITS Arthur Construction Co. 6,500.00 8 - WOOD & PLASTICS GARAGE Rough Lumber- Materials ONLY 84 Lumber 7.200,00 8 - WOOD & PLASTICS GARAGE Rau h Carntry - U1BDR ONLY . David Burke Construction 6 500;00 e - WOOD & PLASTICS CASEWORK Conle Casework 24 200.00 7 - THERMAL & MOISTURE PROTECTION BLDG FLAT ROOFING SAHLEN'S 72,000.00 7 - THERMAL & MOISTURE PROTECTION GARAGE ROOFING -ASPHALT SHINGLES KEVIN SURKE 4,400.00 7 - THERMAL & MOISTURE PROTECTION GARAGE SIRING & EXTERIOR TRIM KEVIN BURKE 6.000.00 7 - THERMAL & MOISTURE PROTECTION GARAGE - ALUMINUM GUTTERS B & L WHOLESALE 1.000.00 8 - DOORS & WINDOWS Commercial Doers, Windows & Frames - Includes Hardware (COMPLETE) GROSSO DOOR 17,800.00 8 -DOORS & W INDOWS GARAGE Man Boar &. Frame - Include. s . B & L WHOLESALE 800.00 8 - DOORS & WINDOWS Stori ffant Aluminum - Door#22 ONLY ABBOTT GLASS 8 -DOORS —& WINDOWS GARAGE Q.H. DOORS HAMBURG O.H. DOOR 4,600.00 8 - DOORS & WINDOWS GLASS BLOCK WINDOWS L.J. ENGASSER . 3,900.00 9 - FINISHES METAL WL FRAMING, DRYWALL, SUSPENDED CLGS NO EIFS REPAIR GYPSUM SYSTEMS 75 9 - FINISHES EXTERIOR EIFS REPAIRS - EXISTING EXTERIOR WALLS AMERICAN PLASTERING 10,300.00 9 - FINISHES INTERIOR PAINTING American Painiing 13 500.00 9 - FINISHES WERIOR PAINTING American tainting 6100.00 9 - FINISHES Flooring FaIM Floor Covering 35,000,00 10- SPECIALTIES ACCORDIAN FOLDING DOORS D.V: Brawn & Associates, tne. — 1 - 1,6 - 00.00 10- SPECIALTIES Restroom Accessories Ind Toilet Partitions - Materials ONLY GROSSO DOOR 5.000;00 10 - SPECIALTIES MIRRORS only ABBOTT GLASS 1 ,000.00 10 - SPECIALTIES Closet Shelving Mark Felton Enterprises 2,000.00 10 °SPECIALTIES WINDOW TREATMENTS - M1NI.BLIND$ SONIC BLINDS 2,600.00 10 - SPECIALTIES Interior HC SI na - Matelots ONLY ASI Sign Sys#ems 1 800.00 10 - SPECIALTIES Fire Ext1 uishers & Cabinats _ "_.. xgn Monroe E ulsher Ca. _ $00.00 10 - SPECIALTIES FIRE ALARM SYSTEM GREAT LAKES BLDG SYSTEMS 9.100.00 10 - SPECIALTIES ANS.UL FIRE SUPRESSION RANGE HOOD WARD FIRE, PROTECTION 9,800.00 10 - SPECIALTIES DIGITAL VIDEO SECURITY SYSTEM. AMHERST ALARM 19 600.00 11 - EQUIPMENT Residential Kitchen Appliances Appliance Associates at Buffalo 2.900.00 15 - MECI°€ANICAL SYSTEMS HVAC - Rough & Finish (M & Lj - (5) HVAC ROOFTOP UNITS William C. Handley S Sons. Inc. 72,000.00 16 - ELECTRICAL SYSTEMS SLDG.RENO & GARAGE Etectdc wiring & tight fixtures WITH Temporary Elec GREER Electric 03.000.00 15-MECHANICAL SYSTEMS PLUMBING - Rough & Finish: Kitchen & Restrm - Materials & Installation MG[7 PLUMBING 51,600.00 TOTALCONSTRUCTi0NSUDGFT= 745.075.00 41!7!2011 Page 11 of 1 \ \�. \. nUO40U� t A83U|l to WWHm ��mnnmx�o��u��W1ana�e, 8u AGenry.(i1yof bufbio [i[V 1 aU RuA|c,NO 11102 He AuMa/o- RESTORE U!-[ommeM&Me6 the Mai Center -]ere/nmhPartnemh'p. Aqmt MWO98; [»eo/RI/ 8byen� ()oboha1Huf the New York SIa,PU'bomDevo&mpmen|1 d0U1g, ws(&n[mp|ne MatuOeve|opmeo! [o/nn/mAmx (FSBC[1am pleased io{m6crno you that m I,uo racammeo., jemonofEsn[iPrssiden\ and [hiefExecutive O3icer. Kenneth Adams.the ESD", ()i/rc1ury have appxvVd5163'576inu»dsianceh)r the Pmjeo< above. This mpp/ oval ocunbuge" upon the huk8n8ofaPmbkc Mann-- and [heapprova of the PwbHc &u/haiMMS (onuol soard. the approval n( the SIM Moon n/thu Budget and the reteiptof 'No have enAmuedadrah Want DWmuroyxenlAQrmumenrOho for Q`/r,evmm. "uh'chcNuaeuua copy of the m*bana|sthat were A,euenLodft�rapp*ova|bydo0/wctoo� [SP(- W! "qjn m! Send two orig Copies of Agre-on to 'you for your execution once. '111 mpnrovok mentioned above have been uchmad. H*ase/evim\hbdraKAgvcmmmtHnnd 1umac\ Joan 0y.yov/Prujeu\ Manager, ot(71h)Q4$'0J-43within45 days Vzproceed to the npxzolpv Qo not sign thiwdraft A&reen`ent Keos;cmn"ao]eam0|y your Project, Manager. at[716)O4f-824Sahu:h|yoohuvrany qon��ion� Suy�,�huMer V|cP PnesiW, Loans and Miss ordVyu/e L manWy ihrhyvaOrai NOV S/ale 0u:o|upwva| {v/po/o+)mw Buffalo -RE Ili- Jeremiah, W898 Prom: Bly, Jean <JBiy@ EMPIRE. STATE. NY. US> To: 'rstenhl74@aol.com' <rstenhl74 @aol.com> Subject: Buffalo -RE III- Jeremiah, W898 Date: Mon, Oct 18, 2010 2:11 pm Rev. Stenhouse - Per your voice retail, I am sending this e -mail to notify you & the Jeremiah Partnership that expenditures may be incurred relating to the 656 Genesee & 1461 Main Street projects. If you have any further questions, please do not hesitate to contact me. Thanks, Jean Jean L. Bl Project Manager Empire State Development 95 Perry Street, Suite 500 Buffalo, NY 14203 Phone; 716 -845 -8243 or 716 - 845 -8200 Fax:• 716 - 845 -8260 e- mail.• �I errr .r're,state.�z .us Visit our new website at www.esd.ny. IMPORTANT: This e -mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whoa it is addressed and may contain information that is proprietary, privileged, confidential and /or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System (administrator by telephone (518) 292 -51801 or e --mail ( administrator @empire.state.ny.us_ and delete the message. Thank you. Page 1 of 1 httb: / /mail.aol.com/ 34290 - 411 /aol -6 /en -gas /mail /PrintMessage.asnx ii/7/20i 1 #'AIA Document A101"-2007 Standard Fort of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 24th day of January ill the year 2011 111, mlr)rds indicate day, month and) BETWEEN the Owner: I tvamc; legal Status: addreTy and other information) This document has important legal Bethel Community Development Corp. consequenm&Consultationwiol 1525 Michigan-Ave. an attorney Is encouraged with respect.to.tts dompletion or €ilodiheatron..:: AIA Document A201 Tm-2007, General Conditions of the Contract for Construction. is and the Contractor, adopted in this document by . (flame, legal stataas, address rams other h1fornmlion) reference. Do not use vuith other general ctiriditions unless this Burke Home S, LLCd document Is niodi ed, 5540 Southwestern Blvd, Hamburg, NY 14075 for the rollowing Project: (Name, location and deraileddescriptloni Bethel Bead Start Building Renovations 1461 Mains Street Buffalo, NY 14209 The Architect: (.Jame, legal stains, uddrtas and other inJ`i)rmarion) Silvestri Architects, PC 80 Pineview Drive Amherst, NY 14220 The Owner and Contractor agree as follows, Init. AIA Documen' A109'm —2007. Copyright 0 1975, 9916, '1925, 1937, - 951.1958,1361, 4963,1967, '974,1977, 1967, 9991.4997 and 2{107 by The American Instit;rte of Arch €,acts. All ri9hts.rosetved, WARNING: This AW Document Is protected by U.S. Copyright Law And Intemati©nal 7reatis6. Unauthorized reproduction or dlsiributlnn of this AIA' Document. of any portion of It,.may result In severe civil and criminal penalties, and w1 he J prosecuted to the maximum extant passible under tits law purchasers see perrmltled to ropraduro ten 110) copies o` this document when completed. To report Copyright v alatiane of AIA Contact.Ducumen% e-mail The Ametlaen Institute ofArchltecte' lega' ca;rnsei, rSopoght@als,or6, t TABLE OF ARTICLES 1 THE CONTRACT DGCUMEN74 Z, THE WOR1 OF THIS CONTRACT wE DATE OF COMMENCEMENT AND SUBSIANTIA; C+OMPL 4[ ION - 4 CONTRACT SUM 6 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATIDN OR SUSPENSION 8 MIS.DELLANEDUS PROVISIONS a; - 9 %MbiA'fiON Of ,CONTRACT DOCUMENTS 10 . INSURANC' AN 8'O'NDS A ITICL 1 gffgCO1 'TRA T 0.101MENT5 Tlte,S ] 1 cu" ffi — h`ts cil slst of this �.greenlent, Candititiiaa o the. Cohtrgct ( ene al, aPP etnent ry and other a I s " WOWU'UnUans, Addenda issued pziar to exemdon dI pig Ave ntept, ©der d'acf.► in Us a inn ad>I is tt ons tssued afier exeeutir3n cat tf ss A ree er�t, Wl ofv�1IN farm [he Canti t, rd kre ec attacIlea to this A4 eemcz�t ar repeet d Ixere3> ' The �nntr ar represents hie enure aid P- man rneaT egrt the P� " <'I ereto acrd su perbe array ©egottrtial�s, rpresf�t€o13s r�r agreerne� lzltbar �> riti r I A ut�1 rerun afthe Cart �t�cumants, other tliaii a i�o iificauori appe�ts;(n �rtiale 9 �A AR , TRACT `fly ` ran r s a `fu 16- ectgte the Wart; described in the Contract Doc' Unienw, except specificflly i ndicated in the Rz Coi � ittnc iS is b� th� of otlin�, AR D {E 1 T G I IVIENCI�I� ENT AND SUBSTANTIAL COMPLETION § 3�i =T wit atceitnixlenaenterlt of le Work shill l,e ttiC da(e or this �grawn�enl unless rA di�feeetle di�$e >� stated Belo -w Fi r - , 7r, tt5igri'iS =111ade fpr the date to be f €xed in 1~ notice to proceed iasuerT °fJj� the O� ner T . 117tcorr hP i M p ne1:! if it G dr . jrarn the dwe ri /' this Agr�eernew or >1 rarspirrctble; r,a ;P FIs lrc' date "vill b ��cd tr, a nrttce t!? jr•escced, j Colrs'ri6ng6irient: d1.te : February 7, 201 if, prior to the cornmencement of fhe Work, the Owner requires time to fide mortgages and o6 sectlrijy interests,.th: Q ;1 net * s time requirement shall be as fallow;i: t w.2 T CoT :S.`jr' T imne ehcil be mep-ruft - d =-Q- the da.e of AITt pocurnenP A101?" - R017. Cvp} right Vi 1916. 1916, 192b, 1937.195j, M8. 1951, 1961, 196?. 1974L 1917, 1900, 1987, 19x1, 1997 en4 26'07 Iru Ttfe f f� € ` Amorican Inetiiuls a(Arch0We. All riahls re"w6d, WARNING; This AIA t3ucumenl is protected by US, Copyright Law and lntemailoaal Treal€ae. ilnautl70rixed ieprocluctlan or d istribulion ot.11tls A!101)ovgment, or any portion of It, mayresult In severe clvll and criminal psnallios, and will be X = prosecuted to the maximum extorlt possible under the Iaw: pirchesors eie Peg r, 410d Icy respiaduce ten (10) ccpias of this document wher• canialafao 1'n rapon copyright vWatilna of A1A Conlrse'.17ocunanis, e -rrelf The Aneac , InaiiVe ni Rrcild.er.;s' :elf e0.1rsel, G3ayd gh1@8(a.0:s „ _ -,F L t3P 'c; iC =: eF;� a ;f. �'1 . �v •5tr' €:r: C E ".+ , : s�ti C, €,:F a.: wo nw 11.v G•' t Cajr iTG.:1'C. -Ir alt G iinsN.r'F rsV.?: bet' (v er-lenaaY dal fl °, "�€u f."t`r�i`. C c4lariL!v. diLle oiay+.be, ( see k, C rdi,7a -'wich 'he of C. "1i.�? eYEil'G1'?f'17t. i Q 3F :i Yi! e, infy'wr 1y +Gti1 EY': iii,$ "),- f? de' C ' ' r• E •`'n i�r'� n i t t r- j ' p r r ;1nSr t Imo. Com llvi rr ofcer•t"fi T rct•tiv.as ej Mc , 'O *j Pal tic,ra of the k "' oft , �ilt�rst,�li€iiil �+CTIk�IL�IC +ti t)i ?iC: Demolition m Roo: March€ 4, 2011 Rough — Meebana.cals April 7, 2011 Drywall. — Paint May 6, 2011 Inspection — M7 June 2, 2011 , iUklf`ct to cr} Wgtlr!eF.'€,. (lf• t.Kas Co atract Tlrni e i:: LTV 'is3 ►T. the Cumra Du,, -.-j! • #tnLv IfT.Sf:rl pro visions. lj'a k. jar hgvidvif?d [�{U�`f!t_isL`.�iela ring.i Cfai;:[ r*,w. G+ iw!' Ypb�i.r ri3stailtl atCi/I T1f ": wet.m .IIYIIl171LErt1'j�i):' . hr +l�u•s pcE1 »if•YILr )'rra carrlt• c'c)mpleriar of the H vi-k ARTCLE 4 CONTRACT SUM 4.1 The Owner sl;a}1 naE' the {,'C1klt3p( €a. thE CC1 n?:MCI Sunt in current funds fbr tie CorltTzcror's peT- lonna€Tce of the C ontrect. The C'antra o Sun"t shill he � � ve dmm qty five dl 3] ar's &d 00/110 13allars iS 745,075.00 1 . "'uhiccl to addition. an .deductions as, pialvided in the Contract ,Gnctitrle 4.2 Tlic, Contrac€ Sjam is Mascot upuri the fo0owire altennt' ti if s ty, krhich art des;:ribec in the C crtt ac€ l4 +nr. +tmcr € and arc' hereby accep €ecl by the Owner. (Stott tlir nrrntoe'r•.v �,I•rt he). h1viri ficaliOrr cr 1WC` 1_1tV =attc- l•ETaltes, 1; the bidding Orpri)Fosut dvouvientrpt virit the iJ� jn €•i - ru a cepf other rllrclltiate 4 :`u6seaul�rlt to the r?xecutitirt c ftlaisAgreement, attach a schedule (ifsdrli Utl;cr aheraale.s shrming the arirnunl fbt• each anon` the there ahem thar cnrruni expire) 4.3 l li)h price?:, if any: t)denifp' ar!!d w:te the unir j7.` v": ,crr.rtt; gi: U iii'(: liraitatfrrt:a. ' A n7', Fro i(hich the unh pyk it'ill he uj�nlfeahle.) Item Units and Limltatirins Pricc- per Unit ($0,061 Cj 4e4 A11mvances in^luded it the. Cartes, i.S€;rr, if arv: thjentrfi. ullal.+ance crrir ,stc' s?zr` uiinr ;rclT }, t ;ze flr ) v+alrc t yl'ic'E.1 Itt3TF€ Puce (0,00) nit€ AIA € ttGtslreri r':ITY, "+ «Rw; Cc kt •r1 €;t;l 5ts7 . i9' tp, +f'2b, 1£137. 1851, i9St€, �9E'., tSS3, ^•1137 1€F7z t?77, 59N{3, Td87, i6Ei, 1Q$7 OF, 2007 b }''t n� t ruBlican ;,7s1€WIO OF AtCh€.ecTr: 1,11 r€gr€I. ;t'FW vcd. WARNING; this A €A' Document is protected by u,5 Copyright Law and Inter €rational TrEntica Mauthorized roproduction or distribution of ]hit AIA' ttacornent o+ any porilon of It, may rasun In severe civlt and criminal penattlos, and will I:* Pru ?aoutad l4 the maximum extent pose €btc rirrdor €lie €cv . t'ara 2se L -a p3:T;;itrad to repro r,r:r ter t711) cca,e, ar ,nlL ct= eat vrven comrlpigc 1t: t;r 4rl co f.,p't! +'i 1 i ?.,rn, of /01 Ccntraci l wC r ;C ..5. v,- i Yv l r,eric8 fns; €luto of A Chila'ws' €Emal tn€� n' r'n iu inn €[nt�le ry, f r'3 '1 G85'rj Tun A. ,I 1 f C_ t^.'l: at &a r r c „i jr•a� :. t�° �', e f BJ u s 7€e.:. 3 • : s.'w'.;'Fi't Us %1 �• +7: T pr; O. t s .xi { 'tGei a r , fvtr cY. ^c=` ,ri fS511� d V tlra R Tr, I,'It it trig r +v `.. ",'c J K pr;- .IgrP.s4 PaYc' . ^.`a Vii^ I:t f.J_ _ aF t- r..... Q tt r ra r ^t 'J #; ^.GE as I Cl:'Lf l' an:, P1SCtt Jr' :f3E; L tii?tt�Ct tJ3t lrrTtw -s'.. ^ L= �if:lEdi,44.:ii=1t��1' ¢• r... KTr M 3 .F. .j......- t f _ �:. �� ,ia- Ye }' =.....t S k, _.ar, t,c nr,. � a:er.__ �..�.r:� €� eT;ll:ap or tips -o fags e- i it:r rlfoc•t�r, lim f,= Ptjvrc• ar 5.13 Pi ovidCL t."tci an App lcat14' ftir Pk' ,1110111 is r r tieit'ed by ait Arci;iYic,t not later L� p 1`!. 25th d% n! a f onih. Gip [ %vuer shal rrraC.e piavn- - - $rrt of Cne cer - ibled ri;3"ou - iG f Cont ector Doi ;wer 41en tiv 0th d &S' tt1•the f0110i iT1g rrrci i =,lr. if 2r- e fip?r! ?tiJ1 tar I'r±y9leli: is ri:cvved by t hm fijrpire. 7. atler the application du fixed Si Tfdvno -, i !!bail tie made by di:. Uvrw r riv luzer thar, thirty r 310 l d ay afit;r the Archiluc't receiver• the kipffliciiiitir: liir payrnr fi'et�• � 't , r +T' •I1 c• r r � ;i 5r1.4 U ;iwl= Application lilr Payment shall be teased f33J this Host reuetn ;';:hcdule air valuj!z vubmitied by the Cantrsctor hi ifccorda lice 'A it); 1111: �.oFal - € 0 Docurrie!€m The sf;w dutr' ofvFlhies' Slial! alfaceit the entire Contract Sum arl?oatg L!ie varicius portions, of'the %Fork. T hc- t- chedule of vatue:, 601 be pitpared it SLJCh for and Supporied by such data to Pubs4antiate it`r accttra ^t or the >,*t:hitr4,i roes' rer;tiiT;. This Sclledi:Ie, unless oriected to bV the ArChiiect, shell be J35`v ati 1: h sis lor:re:viewinl? [tie C°oniractor's H pplicaiioris fior Nyntent. .SJ.S Af3plicaflans fair. PayJneJ st:atl shay tit pereenrage o;� completion at each portion of the Work as of tht end of the t3criud ciivert ti h3+ d Application Fur Pave e'n.r. 5.1,6 Sub to other provisions of the Contract Gtr: Ulnents. the amount of eacFs pragresu p2%hle chill be. c.ampLaEd as fol lows:: .1 Take lbat:portion (if the f ontrac. Stem property allocabIC to Compipted t+,fctrk.Jis aeterttine..c by nl'<iltiplyniy the I1z reericape cornp!nziaa of each portion of the WuTk by the a.am of tht - Coma'. Sulu allocated it) that fa. oft1ie Wort; in the srhedu!e of values, les. jeuipage of Pere.eni t t. 10 . %i I. Pending final .drlerminatinn of coo; --t 1 Cite Owns r ufchange!s in The Wart'„ aninurits not in rispuse shall he itic!ltdcd as provided in Section 7.3.9 41f AJA Document A201 TM —2007- (tp7 Cielleral Cklnditinflr (If tot° C09LI - RCI ft7r t_ U1191SUCEiUll: .2 Add that poniov of t v C omma t Swr+ properly aliacahle to materiels and equipment delivered a -ld suitahl \' titlTell at t;iC S'?• t + substqut`:it 1riC'li poralttli 1rt lh-e completed corv- -uuicm (o ?, if $(p. Ot't';r ire adt•unct: hN the Ownef. irlat k riorC J Cif1 II)C S!le iii a !ti:'atiall a 7fNd U!St1i3 in t4'; Itl:t i. IN S rJ E113r j?c U! t3 t Q 1, 0: v Subcact the 1"9g -mg2te of previous paynlerna mxdr b tie Owner; arrd Subtract arnouttm if any, fur which tht: Archit6c-, htt v'itiiheld or r11:1lii;ed a Cerligcate fir pay er.'r its provided in Sect 9.; E3' r4l_A tlt3rett€etlt A201 21007. 5.0 Tlw pr'i, gIvEs pay'r -Idnt arroum deter hied in acmTdarce wit.fr Section 511811 he furthr. modified under tliN tilll { clrCi Jnsipnces: I A dd. upon "Li t.J�F:ipie nl L.i A'at' a suln 'sufficient ill int'rease €hf Intai pdyaienLs, to the foil alaiautit Ci the [riiJtrBL`. Surri, lcs5 S'lt h an14 nts E4 Ci A- r&itc b`:inl? d`tell1liff iGr ' re ailiz e applicable t%I such wort and wnset led claimer end (:,er9rfFn V,,h ' q1 - e1.4 DOCUYr M'd .420!-- f "t`t?Utr'N,e r elewe r,1 appltc able rorairir gf' brpon yubsiontlai Cunipi(: jan qj 1'i`w trit € consew t7; St {t'6TU, li Glsl' j .2 Add, if itri ca yip :euctr3 of toe Won, €'r thered�t °r l ?c :Ciia ijr d?i3y'td itti'fJltr-1 ?ifJ F tilt of the cil!tlrc tilt. fit) B ' JlJa +t I ar7GL' itS Fsavaill€ 'n acco a. :' /lttl Se:`iit31: 4.14:,3 f. ° r�I t iUC'lTi1t'7t fit1- ?(I`{j. eZlk t rfl i t F +1 r r` nr,i C �p;'i rll:! 1915.191G BP^..r' 1 975. 1937. 3953, 11158, 1tiE1, 1953, 1$67 11374 11177. 1900. 9C7 1991, 3987 anc 3ooT by 1pc tilts 1963, n JnsMula of k Ai! r;nhit: rcce1:e•.• WARNING 7lds AIA' Documont Is protected by U.S. Copyright Law and tniern€itlonol Trmlicr Unafrlhar €zed Foritoduation at dislribetiun of this ACA' pocuntcril, or Any portion of It, may result In severo clvil and criminal penolilus, and Yrilt be prosecOted to the max1mum extent posy ME! undtr thL law Pure iase are pwr OVe, to rep; 5vucs !ur, ('1C rop;c: C` tis M, '01aiec 1 c r1j : e r ri +•' t'in taker,;. o= &IA Cnnviiv !loci ;wio s L -rfie; T n= Americe:r instirtiv t:i h ^ : :ilCf'.G' tB ^r;' rn. :n n nmm�lnrtCr.ini� /A �l(itistrttcrt;lv_�l,�rr^ rr: fCJ�rY�'PtPi!!'€ lfrs'i;, ([:t�P -wit pC. ! If•' itY: ��1' 6ECliI�c� ^,E'1't~+,iftir'tn�ft'L1;tY;;u i ° 1'Cf'Yli4'�4 GAS' t'}.ti YFP.r t.7 u�C(iG/ti 3 I a {J.6.2 Dhave ang Ws t," liU' P .' l:lt'llY1 ed(s, LF'!.1'S!'1- bell' prc - qi3 - 3 nsfi r su :h i ClT ri.° i. 4 5.1,9 Excf pi with the OvlTter - r, pricf &pprovi!L, the (.oncractar t cj` no; make Edva jet Payment. to tappligrc, fOr MMU1..7iai (it equip -rent which have not b °er deli,'er; d and stared in the sit - . 5.1 FINAL PAYMENT §:x.2.'1 Final paym6nl- c0°tstitutillg- the entire vl"Nie balamm of t )e Co ,irem Sure, shell be made by 'Lb e Owrie* to tht Contractor whe .1 the Contractor has fully perro a , Work Hs provided it Section 12.2.2 of Alfi Do a ,ieTnt A2014007. and to cadufy Father requirements, if any, which exiend beyond Tina? payment, aria .2 a f`lnul C'e;iilica far Pgr3rent hat been issues by tine Architect. 5.2,2 The C wner'.s final payment tit the Contractor shall be made no inter ftm 30 days after the issuance �f ttie Architect's final Certificate for Psyinerit, or as follows: fit7Tit^) r • - CsTCbl�t9` �Cer r r € - rinar - � 6 � INITIAL �ECISJt?Al IVI�r }I:TC Thy Architect w131 s rife Initial Decision I+jaFer pursuant to Sect or, 15.2 of fi.tA Dacurijebt A 201 2007, un the plirl�es applrtl belost another tndiiridual, nct a party to;cWs Aiep; ant ta.rse -Ve as IittI l`ctstlari Nalco {1f illr? ltri trutu�ilJy I C I1rsErt ties 1iamc, rzc. ii;cx and other cntstact tnfolrrcriarr aft. lirrrrcr! iYctsrar� freer; atlser fhrai. lrnrrlsirc,.1 § 6,2 BINDING DISPUTE RESOLUTION For any C'laitrt subject to, but riot resolved by, rr;ediatior, parsuaw to Sectinrt 15.3 ofAIA Docunlerli A201-- 2()67, tije: tilethad of binding disp' ute resolution shall be at follows: (04 c the apl)ropr late ha x. f� the Ownee and-Conmactur der -not selec'r a r iatlrad of binding dispute ray(dution belau; or der ?TRl strut g leirdy agree' in truing to o binding cl4 plite rf?st)lutiFrit rwerhad other than l}tigntion, Claims Ivil1 to f [' 01 "Odbv l ill a court t?� C(1 :fii7�IC'lll j:Lrizsdiwtirin.). Arbitration pervuent to Section 15.1 of AIA Document A- 201 -2007 ® L-tie-ztion in S !CCU 11 of cOmpe, tf n!jurisdic6on Otltar: tSrWiPPf I=iil. lsl a f =gee rvr;r l +- i €' € : r 7 C r tt tc} I ( ;z i97$; 1 ,926, 1g3 ?, ?5��, ia5ri, i951, 1853; 1 97, 7 04 1$ii,19Bo-. 1907, ;91 187 and pool Cy' v � t ;rarlcar Inslltwe of ArcP,,det: ?s. fill rilrn,_ rr- stii.„d .WARN This AEA' Document is :protecied by U;S. Co}ryely}hl Law arid Ir€turnullenrl7reaties Unauthoriaad 7cpTOduction of dislryhution of this AIAq trec einseni, or any portion of it, rho Tesuil In severe civil find cril"Inal peneltles, and will he F pros to thr: ntarlrr€rrm extent possibIc'ui:FTer Ilse law 'um.-iESil C e c pe . Co t;e re :,:c qum eFfr i tCl o ^,� :a� air tale c+3cu„ e,t wh e , O K , r€frntr 7 i F Apt Iv.I. r 1 1 �'US1'1: L TriF may be tfv7nIr1G'.vv wY I7"� �'iT.dB." w tl — ?.c 1)- ovided ;. A tklv :l Ci � if for aer Fr,' ,. b° c f I.0 1hIMELL ANEC11g: PROVISIONS ()J whe referp:;G is n tit tHs A revrrlei; L - c C C''!i°,i�:i o prf; Dnc er r _ of jer � fl' x:41.. - ->tGG7 0= �ic{tEl. c9fizrsc, DOCUillc'!: , t X M:, - Ms re a °4 Lo tnWt pre. ati w7 'sded of Lt a, GV1�EC)n� t t• r J' o . Li?K on.U- .•. t 8.2 Nymeras due 1111paid under tC�le Contract shall bau W ere- t Flo the cute uaynient is due et the, tate. stag below, or 1r: die absence theroof, ib, 12he legal ipme preve lt`:•g f-o'i :i`r � t^.tl;rsC irs L�i9?,� }'cwt; where Om Project is 1 6ceted, (Imerr rave cif huerest ugreed upwn, %arty.) ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9, The Cbnlxact Documents, except for Madificetions isrUM Eft% execution of this kglreemeni are r=iml rated in the secdofl bcldvt�. § 3.1,1 Tht Agreemem it; this executed AJA Decurrient A101­2-007. Standard Form of Agreement Between O"er and 9.1.2 'Fhe (` eijell ai C onditio nu ere AAA Docume : A 01­ 2007, General Conditions ofthe Corttrw for ConstrJetion, 9. 1.3 The quppi=tllentxry and of w Conditions of-die Con - catu I.)0CLIM0 Tick [)ale Pages Addendum #1 Project bxclusions 1/23/2011 1 111:A tic:mmenl:A1111"'. 26t':, Gt.. tpy:10 0 - 107f), 1918. - 11?2 -b. 1337, 1551, 11350.;9Ri, 1 953, t1967, , 1977.75 &tl, 19 @F, 1991,19V and 2W7 bJThc Amer €aarr Instims of Archileec All rail :Es 1t. n WARNING: This AM" Document Is prataclud by U;$: Cupyrlghl Law and lntlimalianot Troatles. 1i Unauthorized topr eduction or distribution of this Ale Document, or any porltpn of It, may result In severe civil and criminal ponnitles, and will be prosoculed to the rnaxbnunr cstuilt possible under the law, P vc;r�ser. Fry pWr',d;-ed to rap-oduee ten t rop'aH ul i`f {$ davufnefli µi lflrl Cnhrplaled 1 c , - na .n . . nlcrn,a „r car. r•.. Qr� n.._.. . -.. ., _,..,. .... z- _.,.r ...... ............ ... .._�...._._ __�. - - _ ._ . X if s(tJf TIM Attachment A Silvestri Architects Project Manual SA Project No. 09180 dated January 10, 2011 Headstart Dayeare 1461 Main street Buffalo NY The D-awi!jgs- DrOk4-'11JPVhe1 or VCIErp OtIOZ /a !hix Numbel Titif, Date Addendum #2 Project Drawing List JanuAry 23, 2011 (Drawings attached) Ntimber WIG- page's r- rar ! 4* � e Puni . mi wo, requireme-ri.I , F are also cnun in ibis Axt 9. 9.1.7 Additinnal docuuntnm ii fxminp part Oftir Cwv act I)nGt:mer, AIA Docunjer)t F261 Dighai Data Protocol) it com-ple'led ly the Parties, t i- Il J ,2 Other dociownts, if'any, belt) v: t heve an doWhimits liuvLIMN 1 4'tk v OLN01"ger,101i; oi- intliarior, III bid h"F fo B"ddt sampie Vime.-ded ts, b!"ra)'t t!fM ARTICLE 10 INSURANCE AND BONDS The Convacior Mha!) purchaze arid mainiaiM Fit: urance and provide bzu!ds a,-: see fi�—b it Artirle I I of AIA Dowwer A2 2 W,7. t",tary bonaling m t re;rpn6. ' 70 1l1 to" Type of lrjsurane.t- or Bond I IM1 of Liability or bond krnoiint 00.00) A A fjmw, 1pm A 0" �9�'s 1W, r; vf IRZ. 11;E" 19?4, '91Y "98-1 -,gcy �Op'( Elio �zno? hrnwimf, i AFO-O'loots. Al: riphl 3 t arsk-j voc. WARNING- This AW OuGuinuni I's prolocind by U.S. acrd Law a International 'Traalieb Unauthorized reproduclion or dIsIrlbution of ibis Ale Document, of any partial, o f jt Intly. result In sev ere r I V it nnd criminal ponattles, and wit) hr. Pfl`sir U100 tO ME MMIMUM OXIOnt poSsible under file I;lv. ' a MlilnweJ W iupz=xa tar. ( qlS 0' ram"IC w';S• cnm V Alt C�) fi-aoni VISN't-1001' Ar�? l: i � . rt, uL Ee L c3c @ C,, Rev.. Richard St xt ouae David Burke Managing Member f1'rlhtc- t7'i&!'ge0111f /! ._. __.. -- .°.•••_ iP - ?YIfiE' and eF.�t.1 -- °' - — ••}.. Y ••• --. CAUTION. You should sign an original A!A Contract Document, on which this text appears in RED, An original assures that changes will not be obscured. >>IA Doc Inr•Vtii A10 TO - $?FM'S" {'.r,r,3 +ie "r:i t51 tv' 6 1918. 1925, M7. Mi, 1958, 19111, 1963, 1901, i9id. it 77. - ,9Gi:. 1907. 9Ai , iti7 and 2M? by . h6 brit Arisri�n Institute of Art:9hazis. A'i ripl it sl�'r�. WARNING: This AIA " ©naurnettl is protected 6y 11.5. Gopytlght Lawnnd inlernallonal Treaties Unauthorized reproduction of distribution of this AW Document. or any portion of It, may reSUll In Seville civil and cdmlnal panaities. and v:ill he prosectilad to the maximum extent possible srndar till is•: PXG aye parmNezi to reps ouu ter (1 0) eaoia: oft is dMurflznl rv`rnr car .pa;eef 'rt ro" , " capyllg'1. 4" awlanr C' I'll, cc-?6 rtocJneric c-nei: ThD t mmmen Inst'luie of A - . ! h ' 13gd co instil, C�Ayl�.y `•I c18Ar VIVAI D ocumen t A10 Standard Form of re Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 24t ill the Year 20 thi wordy, indicate day, month andirecar,) BETWEEN the Owner: ('aame, legal status, addrevy and other information) Bethel Community Development Corp. 1 525 Michigan Buffalo, NY 14209 and the C:orttractor: (Xarne, lei; ai natus, address and other ird�vrnzatinr) Burke homes, LLC 5540 Southwestern Blvd. Hamburg, NY 14075 for the following Project: (Niirne, localiun and derailed desealprion) Bethel. lead Start Building Renovations 1461 Main Street Buffalo, NY 14209 The Architect: (Naane, legal status, ar.d,.lr'ess and othea• in, fr)a'riaarlrtatj Silvestri Architects, PC 80 Pine`iriew Drive Amherst, NY 14228 The Owner and Contractor agree as follo da of January This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA document A201 ""-2007, Genera', Conditions of the Contract for Construction, is adopted in this document by reference. Do not use Mth other general conditions unless this document Is modified. trait. AIAt1 ❑C !r€ter t A1e1' — 24[F7. Copyright 71$15, 9E18< 19ZS. 1$37. 95f.1958 963,1967.'$74, 1$77, 1987, 1991. 1987 and 2007 by The American InsMito of Ar ; All righte reseMd< WARNING: 'this AEA` E)oeumenl is protected by U.S. Copyright Lew and Intenvaiar€al lreatias- � Unauthorized reproduction or distribution of this AIA' pocurnent. of any portion of it, may result In severe civil and criminal pensliws, dnd wit[ tic t prosecuted to the maximum extant posslh3s under €ha law Purchasers are pertnined tc raproducti ten t1G) copies a` this document Men completed. To report cop yfipht a olotions of AIA Contract Dicumen% e-mail The American instilute of ArchllecW legaa' counsei, copyright @aia.org [IF GONTIV%CT DOCUIVIENII� 2 T WORK OF THIS CONI RAG 11 DA7E OF COMMENCEMEN7 AND SUBSIANTIAL COMPLEiION 4 CONTRACT SUM r, PAYMENTS C DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 ELLAN EOUS PROVISIONS 9 OF CONTRACT DOCUMENTS 10 iNSORAUCE AN69ONDS F4w 1 7 6'sJOW this A greernent, Condition-, 6f.,th(- Contract 6mral,, Suppleltaet€taxy and other Caridltiotts 2 1 6� A J. n . & iAtions. A enda dd" issued 'prier to F0 this K P hated in .0 N IQ orm .. . s lee issued afte� execution 0. is A NA g -reement mjjmt 1 f6m: The 0"tra the ,C,dptrct garde ftl or th nt d , t to and suparredes prior negotiations r�presen a ons:ur agrees ierlt v all o t wrWo ar "OfAf 4 um qtbu 0'6 '14odifi 6e Contram Doc ems, I a icatran;:ap - 9*6 ,ART)OL B-Z-0 8 CONTRACT '�oi�ae the W&I- degedbed ir, thre. Co* Tj "MIM99T lact Docurnemtu- except as specifically indicant d. t1ie C ontract f ART - OF - 0 )9STANTIAL COMPL ETION E�aaW TE-, , g OMMENCEIVIENTAND.81 R ' . —s j. X-h�6--`6teb �donirrjencei e�a of the We' shitt i 'the dot of 66 Ap-:U6 - lent - :U6 e55 a:.diff 6t b6ltrw ent.. 011 P` r9IN A 'ri rlIie date to be fixed in c notirie to roceed iom d b the:.'Ownor, p y �emenf ff it dote at.. When Lilo �'.vifl f &�P flA date: February 7, 2011 IF, prior to the corm of Work, tlLe owne, requires tin-ir to file rnortgaga and orr security jrterms, th° Owner's titre requiremerif shF-11 be as f6flow.-.: ,,2 Thc Con�.rpvl Ti-mv !:E, a I I be — 10, - ,2JV I '0 .3 G — z t1 l, d a - 1 0f CO. Y a 71VU, I Alts Document All)i" -- 2007, Ctxppiqlsl 0 191fi, 1916, - ,92b, 1937, i9si, 1958. 1961. ,963,'3981,1974 1B77, 1990, IV117, MI. 1997 and 2CO7 by AiT-ericen Institute of Arrhil.eWR All ripht— reserved, WARNING: This AM' Document Is protected by U.S. CopyflghlUvt and IntornpillonalTroplI6. Unauthorized roproduction or distribution of thIsAlAPDocurnant, or any pwilon of It, MaYMBE)II in sevore civil And criminal ponalflou, and wIll be pTaunculad to the maximum oxient posslblo under the law. pv,cfia,Bjs 2fo Er; mpiod;yce ton (10) copies at thi accumvni wren. "ornale'scl Ic ;vP01 copyrLght V;D%fili D! A'A Govlrac! Docum8ris. ft-rr-:34 'hv. AravtricFr, lnsS of t.(rOer,tV' !Grip cm-rapl. 1 1 fl* CONTRACT DOCtIMENIS T HE WORK OF THIS CfJt• I RAC i WE OF COMMENCEMENT AND SLUES i AhTIAL CO FLE i 1014 r, CONTR SUM J PA YMENTS DISPUTE RESOLUTION 7Ic Corltrarut iocurrietlt r onslst o t te f thisEaecnlcli, Car:dittnrlr of : tic iwantrct (Gncrai, Supsemet�r1 ark atllcr i~cJrld�tl ns } ptzav in s, Sp clfic4U.Qgs, f�ddenda issued prior to rax cutloil afth s`Agrcenaec , other ziaourrlertis Ill in zlr s Agreezneilt end Pv adliiz siren` issued siler exec ubon,ol this �greemen� a!E of h c 9171 tpe lntrac ,. nd e s4` fully a of the CatlXrzcl rf atfecfleti to this A& eemertt a? reoeate.. herelzt The iiii&�crrepreserii tree enztra *1€r iii€e rated i3 r nt n( Lett reee rile pl sties 1 ^eretr� cs l� ttper aae - Rrliiar negniiatlons rPP e« ent eiihp— wrltienmoral ri snumer`atton {af zhe Contract Documnts, other San a Iviodification, appears to Sxticle -9; AR7I14 2 T> kOR( tF THIS CONTRACT 1 l e anls ctor hull9Ctttl }f at tote file VJo 1, described in e Contract Document. except as specifiaf lly iridicarerl:in the G ntract C5octllliet is to he respdmibility of others, t A TICL 3 [3ATIw E CO II�IIriVG f NT AND SUBSTAN COMPLETIO §"3 The date of eanlrrtcn a eel of the Work ehel'b: the Gate of this Agree 'menCt iless a diffe17m ame 14 clhreL oa: ar pro lsdt n 15 1n dr fog ttst ddt� to be fixed in c notice to praeeed isssw,&by the Owner, j (�F1i 3I f11t Zift' (1 Gf)Tt7+�CTI�Fj1I en! if if d ft'r'u 'C}fr tb:� G q {7115 Agree UF', fi L fif7llCA1i1P ��CkP. r�:ttr i11i ' u��tC' will be wMe.po, aner>t date: February 7, 2011 If, prior to the corrmencernent ofChe Work, the Owner requims tirre to file mortgages and ot`rre; security interesr;, tide Owner's Um-2 rmuiroment ehail be as `allows: :6.7 1 be l Gr :_" :. Tim- be IEP-! j[ gt e! Ere.!` the Ctf AAA Drmnhent Albir' ._ 4107, Ct- p yrlpl d Q 1915, 1916, 1925, 1gM, 1951, 195$. 19131, -963, 1967, 1974, 1977, x880, 11367, 1951, 199'/ and 2007 bvl'ha d1 '' t A?te dean Institute of Arah!!ee.s. All rdrl ht. rear :gad. WARNING: This AleDocurnent is prolacted by U.B. Copyright Law and Interttationat Treol6s. Lhrautttarized reproduction or distribution of this AIA or any portion of 11, may rosuh In severe 60 and criminal panaltioa, andwill be r praserrutod to the mnxlmum extont possible under tho low, ptrcf,asais 2ro aerfniitcd Ia reaiOdOce ten (14) eCPIM Of thin document wn or- ccmalwed l e rcae-1 co; yNgE-i vVatinns Of A!A C.ontree! Docur-tants. e•mO The. t•.,, ndcar, I -qs;i!ult- of AmMlecm :anal co.rsnl, tuoy71ahtCefa.0,G V , __.! C Ln ...:l:i'l i J'i fll;r CF�1' (:7 CE.ipl3G;tr" r"t'v° f� IRaI•:•.'J:,., :jY o C iiY. ?" r.P ?Pl?I.:.fopiv'upphi !e, t ^i'£'Yrl'.:i�t. }.' 7 :rL'Fei.` - 6i - !Y.: v: bsk;r -.!iLu : ,:77';i%'��`lfl "r"rCf ^�. ". -!Il? C'fiC.';ii: Gj r5e� 'C.:-kj F of ihC ; 4il3J:i tacl Filiil 0 o l�;�l+:tlet:t r,r[tl Y' Demolition - Roof �Tarch 4, 2011 Stough - Mechanical.s April 7, 2011 Drywall. - Paint May 6, 2011 Inspection -- CO.- June 2, 2011 `itt7 r i Lo cgjus ti.tIer:s (,I' C0- .jI'i:C1 I i.%t: k: ar YiC1N.3 l irit[,'1 J]YGl'!$jF317d. ,r�G1}Ii, %Ol' �i f}iir't�iGG 1i 3f t!I� L'!' 1'eirl'lYr 1C jG3 'fY {f.' G(17f£' €'n t {iBEGiIIIClI` �(,777� �Gilfl (1r lime o fU:' ill +t7i1.' tl }'1 li'YL� j /,Y t'[11 i'C(,I� iGrlG Gj Fhc li fwk,; ARTICLE 4 CONTRAV SUM 1 4.1 The Owilei shEill T)P %. die r; t1nuai:iit' PF)ill ICr Cll+'i�ll till fiiS t[1T I1? COTtTcC!O.T`s Ii @7�C1Trl7aF1C Of the Contract. Th(' C'ontraei Suet shall he � forth five Lh sand � ( /l.007 t)cllar: ( 745,075 :00 1 ,. -, !h ecl to additions. and dedttctions In pr(i;,rided ill die Contract Do amenti:, 4.2 TIit" Cnntrect . uw, Is tliw.sLd L "7,iFj � e ' t� E 1•.. IV_ t E \':li(;.: crk'. �?:ii:' #ia?G tl.' L?`3`� � DOf,'kinen-,C and arc' hereby acceple(1 by I'ic Gvvner: (S1471£° fi7i' 1! }l17I(1r t'.t't'si'rlT�i�1' Itti' ��'£p; w i I( "tT RII {'1'l7E1fES. It iitt? i3ai%�i11 Gt' Yt7 ).iGj GGlil7i8r ?tPptf1177Ii Ii1E ��+:1i1['1 rr, u�eejil r,Ihe, ulrrrf7[rt(: +' �7� iseeue to th(' eye( lliip,�l o'tliiti', gresrrl€Tret, r,rac l £# sehadufe tytr „: }cIt ot)x't tlheol�)Ies showing, fit` onjoulil ol eoeh C717Q the Chle iSthe'n 11301 um!'Zim E,SPimsj §4.3 Oil it prim:. if any: r+ 'tl }i(I ':F:'xFL' ii3E' }lliJri];'1C'' ": ,tirtll8 �itU,7i7iE•' �lYril�Glltirl$, ij Ri71, 1tr itl,"1('ii T�iE tlYe }i �%Y7('E' t!'2ii /}p tifil7[lLGri$.J Item Units and Limitations price I)VT Unit ($0,00) 4.4 Aliasvence: ;n lSawad ii tint Contra:: Sun 4 f I r<L W-eiiliA ollavv4mc [%;.iirEisu"'E;k:CFusivi55 r mlj, /!0m The allm."'mitleP; Itern pricE {SC1.(llt) AAA C'tttt3ifer,5 AM- - .:r) 7 L ;:+ric i,l 1G7b 1918. ;92b, 1?37 . i9 I, 7A.58. & ?, Im53,'957 7S7 "c * 77, 79F!u" 190, iE9 ?. i$91 Grp 2t1g3 hv'In[> trail f,meIioan ;.1 ritz'IE n! 1arclr.tt3Cis r:il r r;t: : : t,r3i. ES. VirARNI# G: tt€iF AIA' ©reurnent is prolocted by i1.S COpyriciht Laui and Intort€ational Trer[I![::, IJltat {Ildrlae+l rOl Or distribLiti.Ot Ilils AiA' boct[ntcnt. of a€ €g porilar€ Of it, May result in severe civil and eriminal pl nalties, and will W. r firt'sDeutod to the €nexi€ urn eXienf possible un(1[-! III[ 1ei�� ('#3I,^,':2SSi�;`. &;E pa. IU re'r;i' C4 :t =0 €� 4k� !: tfF: £:lt t<: col &#;tr €_ o: f:iF i aYt2cl UBCit t °.ls- n•�nvi° 1"V mercan I. a f Chi,o'e's c;tt." &e . ec v ;rvo®r a t ore } Y C' r =: w�r= 2:re + ='Jr,'. y.`.1i :51._,. rj�: �C ?i f�' i::'::`:itf sr,+' 11 nSf;i•J ?i>1;i1sG't' {;,l` cc,len�;'J' :foxr itL'Y svtis' }'i'' r ^, ? ry ,+� u' i:r L1aL',,. 5;' J_,. s 1 _ n C. A.,,.. >1 r' n:' r'Qift•{''1:9giEt.G' tS�7 i:3 i1iR n :.iri:?:FNli!'21' ?Ltl:l. �QJf71'u;7Yif trr, t;1,r €' ::O #!F:'E3, , s;,s - `e f .1j u,- n, ' ,... i� i3f 1 • C: %,1 Pof llrlft (. the 4; "o : Demolition ® Roof Rough •- Mechani.cals Drywall -- Paint Inspection - CO..-. iJit}t::t�:iilliti ts(;lilii {f�tIC3 #i IJit7d' March 4, 2011 April 7, 2011 May 6, 2011 June 2, 2011 %ULjec,' co ad l:it r i Ut tttls Corti! a4: a l irnn AA_� ' F� s�rL , iSSi at jr tT; tl:C �,�v L.T4r.: L1C%i�`4 €b l. #lr:te!'L JiJ'Gl' #,�FEJ ?'r,ti, #jGJi1. %(Ji' 1 F U #1 Gi$G' (� if iCfr'C':' i "�Erii fY'F le�;:`i ?:2dY #f G:�r ?E'1iP e�r F! rLf777� 1C/J!Jtt on 1 #ti}Q lsY jV:' 110J711A P.1) n#E tAb- ftfr E'crrll' c'rt #EIe!icn yj tk- I7 rark. J ARTICLE 4 CONTRACT SUM %4A The ONrfiE l' shxil my d 15' colItYacior :>te UP.`gcCi CliiSl in Cif,TeT l itsCiS ([)I iCSe 4i:ClECt.O:`c i u (}Tll] !3C N Q� CIt� C'nntrzct. The Comm 1 Sun sh :ll hc' SeVEn � forty-five dvusmd wvent dollars ar C01100 i)o}lar: {5 745,075.00 !.�h ect tL afaGiti(3n£ ard.de•iuctions as rirr In die Con tract Documents, 4.2 i tie CnntTFN Slim is }i?bcd L'`,3ort ttl;' ii &?1} cTt'. (t $ ^,riki'?U it; C' ?° C "CP.'11 DC1G'..''flly` €�- and aw hu -Teby accepte(1 by tile c)wnfPr: (Slafu ike y#ilmber.5' or other Fr1r' #fiJ #tr7ri j CJ:'Gr3jfE'CF Ritt'J'fitJ/ �i�t1# b, llti Gl'l;Y17JrJ54 ' life or: tf) CJL eept other (JfiC'J'Jt€l1C:5' su17S�1?tEYJIt (o fiw ekec'utiG'7 .��YC�i1FE'f;4 , t1itQC11 R SCl?EClt11t E)fS d['li E iliE'J allerr ?mes shol.4ng the eoch nna the elr.E #e i! § en !loot a ,,,un txpires.) § 4 -3 t luit prjres. if - tiny: (- 'Gl?r.'Y #fljt' CJJ'fC .`.'1;atL' i1iF' IlYf7i17:'IL'E" ,5'rE?Jt: �;d:it7iiil- 1 # YYJitQiJliJ'��, 11 pi{i if tjh L'ii t1Fe Urj pr i1'El! he ci13771?Cfrrl?.) Item Units and Lirrlitations Price Per Uilit (0,00) 4..4 A Iloilvances in: l Suded it L fe Cmara:.i u„q.er, f ar'J' 1hyeniJ6 - [ #lIGS.'cfi #C� iJltl.l'rs.'E ;L'iff.1'IC71i, T {1'G. ?i rh cJ11rJVjr)JiC'E ' iJi'iC'E.1 Iterli Price (fifiml) rrtil r\llr rCsClrEre i5IF1'lT^ :ta -:' C:GE: sii.!.I i5, IBIS. 1 97b,'4937, i0b1, iti5 s � ?. 1053,'i?57 tit ?� =277, iSg7 af;e 2007 hA''llcr ~ pre cen W ttIE WARNINGC ibis AIA' Datumanl is piolecled try U.S Copyright Lay) and iniernat €oval ruatim: t€ lrielhotized reprocluction of distribution of lifts AIA' Uocunfent of any partlnil of !t may rustEll in severe civil and Criminal penalttns, ande4ill ts€ pruSecU(rd tc€ the extent posslblc rmdar i ?rL lau i' r ' z LEr err'. pa:iT lVed to repro ,r;x €cr [1Gj cco:eE; s} !ni:, dacE ;enl n sn rnnximum :erica : trisiilulc a' /.'c!ti;ec'^ I['FZt c: =t�-a'a'. ra-ry �nrE1CJz�� arc I 1 11 1 Sas fO PaPmePl UtWed 0 K AskiTc! by me Wivo; mt Caukaw Ex Pqma hMsd bY It Ardilc L the Owns; mE�p pay€ n" on LMOU4 of or cvnwam Wm to Be cunkywr a-iz P 111 Mod HOW end Rk'e%Vrv in :U, Contreft Do.rum 15 A I lie PM&d no P"maji no i 0UAaKKa: 0— la riior.i {Sr aE 1`cP 5,7.3 PmA&d BE: FL for Pyweto 1 W160 by u 25tb , �t 'L ol a muml be Cinwr AaH am p o ff C Y concecLor riol lvtu! then dhe 3001 day ( Im e follown w if ar, A.P? ! 4,?-'jC TO.- PaYmem Is ynept'A by t Ardimi: uIlter rhe appikedan dew Ord shmv. papne"i 001 be madr by eit uv,-Fit.r not hizv, t!IP- thirtY 1 30 thi'OV afitT , Lhe Atebiitct receive,• 'he Aprdi,:alior. ifor Paymen! J"t vait m- !oral film;' within a Lei-viin U A Umh Apphitioin Jinr Paynnena 5lta1! he ba�c (II) tht niost rmum . CL'hrriii-ed by di-7 Contracitir dii Ivxcwdli lice V. Wh IIII Gontfiwl The n5edw of vAues sw eitocalt fine C.16! Contraq, Sun-, amorig 0;e verinus poi ions of the W& Thz s6edAr W value;; eMP be pmpamd 0 W %nm wk suMmi by W dava to Puh Lanliate, ilf accllrpcl v tht Ark-hizurci tnfi - r",,UiTC. Thif schedt-le, unkas a wted to by he Ardlea, nhdl be ize6 ai Pbasis for reviewing lbr. Contractors Applications 5.1,5 A.p f6r Payt1 -i.l)! shall show Ov percenalage of conyledon of each ppniorl oifthe Work as of lhc and of The pubd covewr6mlly AWHAdm In Pqwen;. BAX St"ilicut - to ol) Provision, of the Contrao Do'.'mr.ent�. the amotim of each progreas P2yjl1f? vhF-J I tic f omplawd as folltli�'s; .1 TPIketbalinnrtion oiI tk contract Sum Piopediy aflocab:t to Ccvmp!Eeted Wmrhas d4m� by Fm-1jtiI)I)'iq' Ibe PeF%xilmee cornp!vtiaa of tach portion o!4 Wonk by - 0rit si'aae of(h- Cortrac. Sur! ?!IocWf' b) that po of Work ii - ,,'w v, hedu[c of values.. Its. TPtailiage en pe (. 10 of Or 1. Pelldliu fin El of cost. 'a Cne, Ovvr t h v Nk anjountsnok in ciispo-e shiifl bt il,C!Uded asprovidej ir! St-,:flon 73-9 (if Ali, Ducurner, A, Cielleral C'011dilinn: (if the COnLl aC1 .2 Add that pD! of Te Annact Surn propely allmahk to metes ds wo elgimat &Hvemd and f�(Attjhly at Ow s0• for inc i lh con (0- ii app- { ) ; s a ri in Wunee 03 the X gimmy moma MI It "W M a 1 .11 . aFeed OP013 in vv; k-s� re Einbt7. o! Fje`i'e it 0 U, .3 Subtract 11he aggegaTe all Previoac- Pay'rneri'm made by the, Ov. and .4 Slq-jlxal amour if any. A vidch the Awhiwv ho KWIC c,- nu]W a c -,,jf ate jc! pnidded in Section 9.5 o' AAA Docurnerit A;, § 5T7 •R ptvgwe payrnen! Pmouw d-,WMAnd I ammoms %lb SaWn 11.6 fliall ry furtfit - m o , " I f i e d !Idu Ux- 1111 "a - w O I P - A d d . UPOD SLION-LAID COMPIChon 01 So WO& a 6wn vvlfficitail it) infze'ase d-Le lolai pdyfnents to the U I 'the Co 1, - u, k hinount 0 -ntra Swil, les� such am-m�rft as he WAS v'.-jaP -I L , I I - e - a � fb. r! Impiltn, W F�PPticable '0 sucl; )vofl: AH 'omm 0 and Mahm rclamev ufapplk-ahle reram�g up Slonfi0i e & 1 Sub Completimi qf with conserst Of sure- v, tfco�, i .2 Add, if flnai, roe -:p1mon of he VVwj is Ifewahr mewdaii'y delayee ".0 fouft Of Cie Cu:sLra • an-jov-1t; Poyable in accodanor with MA 9 of AL6 2007. Irrll AM VvyMeM fbi" - 00 - E =10 0 1 9 1 h 1 916 175.1937 ? 01 HM"Wl WIN 1P4 P IP7 - Ell --- I - n — n - - V - - 6 —UM q - I ArTififlMn ini'me PMRNISIGahk: AIA Document Is p=Md 4 U.S. CWAQhl Law and Henw!Wl Tm&F UnaulhoThed rOPTOOVIA1011 of distribullun ol thhi A?A'DM=mM W any "dWn 0 k may result In severe elvil jind 1 4 criminal Penalties, and Vill] be PIDSOCUIVTJ to IIIV r"8011UPI VXtE'nI PUS•1111C LIMI&I thf IaW P.JOMSO�& on WASO W MOMAM wo Do rm& C� U1 t- dozwrmji!i 'VaH� VxI;Tatra '11,'CITI CtPylij;': YOMCM & AT QWWI Vm=nm emw Rig Ameq=-. 1-iElkne 0 vv-vlrf� C:r. ;'+ flf'i 1: l- PAYMUJNFI� §41 M KRESS PAYMUCi, 1 h A i BMId UMAPPME1 N PayMen' cabmsed to to A : -Vneo by te C.1m, M d C,UA,, Re� t the OwIsr G nj ��k i � p ye,gs payuren-�" o:' of L11 uz MAY Low W in 2'ic, Contract a-�C'r 1 IN st ` - - - c.- olor.un fir aE th�, ht. 0 � ­­vil rd�iip or fl� N W PwWd M an ApQAQ,-: A)- Pkpiiea-f isrv�eived b�' Lht Ar' biYtCf nof 25tb de Cl a munfli. tllo' DwIter shall mak Payllmn of Q CwhBed e-x�ou j - ,c. tl",- conte'k.-luf nol 1wei t"Iti. The 30th day o"'the follOwlng mnnth' if an ;Gr. Payrn-'n'; - is rccelved by r e Ner the applihadon duw AM hhom. purnew NO b made by M Uwner no! late,- tj1p,i thirty F 30 duyv aNer A Archiout rmeivu A AppUcation & Payuwnj t FE'el"ral. slate ow Inca/ hml " t) qv iwqviru pt v.'&ru withil'; a i el fw: SAA Itch Applimnhn hr Pap ;[,Tit AaN be bmgd on do rilost reLtn: L-.:h.tdkilc o _ III, Ljj!' C r )n C li° ? or rli wrew %t ifi Ilit; LXworj'ieiiti, . Thw sf;�,,edule Of v A! -,P s 00 cale ff"t Cl CO:itram Suill an, ong Ox wous parms athe Work. The wheduir of Me; 60 be pitpared it suCh f0til'i and s by such data to Ful -tv 41'curavy a5 Litt" A. iteci rjiay 1TQ,1;iTc 7hiS.qcfie.d0e, ur)!Pss o�jeoted 10 hy dhe Ar&,itect, sileil be ou-,6. Es P. Nq!'is for,reviewiq. life Conlu-ctor'r ApplimionF ior 2-nyment. percentage 100rionsVAir Puvm�h Alall show 6e: of corr ot ' eacl pon, afthe Work as of A and of MOM I X file period c6V6t&by he Applicatiov, for Ppyrnen"' Suijiec zo o1 LC link Bans Of Eh-_ ( 7 , 0.ntlall t1he arnoum of each pTogre— spay Infiv V11611 W ompumd as Alla"s TdrMwTuihin of he Consmi Stan propcoy allocab!e to coujplated Wnrh as deteraillac by null plyiny the perc-:fitagc compkHoa oreach ponio of Chu Wonk by eh!? shale ofthv C St OklualVJ it dult Po n& oft1le Work in the whedulv of values, Ittgr jrntajj 1 F p6rcenl 10 ' Pending final de cost w thc owner ill chappes IN Work. hniquilis nisi in dispm-_ 60 he i0ked as provided in Section 7.3.9 (if All-, Docurruen, A'201 - -t 4 -2007_ Ginner al (oiidiunns 04,4;' Cormact ffir Constyug,n ,2 Add that por of A Connul Sum prnpaly EIiOCa'u'!e W - Ma f erjejs ai led egI iLilie3it a liver d a'I suitably sulTe-d of Vw S"v ti)y S'Aj5-- heoporaAsn in IN vornpleLt. i advance h) the 0=!r. (• tilt she at i; 1"ra# ul.. aereee uPol! 4) W l tinpl- Jt reminqz o! 0 ,3 Sub thezge-rogere W_p=eviou paynier. made. by tile Owner; Prjd .4 sublytv amour�'m W MI. A w5kh he Awliwn hm pnnidod I Section U W Dmurrtcrit A2,01-2007, for Pay: w" 6 517 nx PMM� PFy. amrou.it 6,-teragned in auvwdsnee whh A"& 5J h dfill A Who MAW amim dv,� fbflo ng cirru-nstaflous: I Add. upon SLIUitti-Itiall of tht WO? a GUIH S050111 LO 101000A the t,)taj p yl - nvy h dl j t� t . F' of t ConlTaLn Sun), les$ Such E irwurnplt;e Vy'ork. MOINge W(ITI, And um etr.lttd Prid (Secti q/ -';'4 DowmMm ',/ Cumphvion ("i P" '41H, Ivith co;1ser" pfsurev (f cuY)') .2 Add irfin?j compiex)c ^n ardie wom iv thmnahermandaPy dvaycO fiM' of Oe vm bcitio'l amou-9ts PUPWC & "O With SnAn TIC0 OMA LMCxnMj R204 200' 1 92��, 10-37. , 1951 16W8, Toe P! t, ; r "jq. , ,967 191- 1977, 1901, lf)V, jggl, 1497 ant 28J7 WARNING fhl:w AIA Document Is protected by U-S, Copyright Law and International Trt-afij,.- Unaillhatized rRpruductloil of disitibLitlull of MIL AfA'15cument, or any pardon of M may MMM M WMTO AN and cdmhal PnOUNq and WIN be Prosecuird to the nimAnum "Wai "WRiN WWM & MW P"==4 wo M."s W mpauca wo 1, rpm V M S &UMMI melee 0 A1. C V=.:rroq•S L.-Flue ih� Arneyiaa, (q t'TC cv;ilu: (""t :,nv C`,• i''i &: ��,s, ' ::' {.:a' r: rf; �r C€I wrrrc € i' is Fri ?i'tt: +'!i, ir.`7,^,r Itrt Ci:Y kfio rf the enifre ?, W if; : iY t I I using fire '" f , r"C6')t rrr :l S I'iS'BYf °� iPi °Ctl:e 3i' .`l /. / :,'tlf c /.ti.L Ql; t1 - f•YiS Ti l.S {' ]. }.' C: l =F`� s rlse - ,t haere I:i J;7t7'4! r hasty "t hGI -1 'r:'v + -h rec "iiCii tr:' ?I:; ?Fi�il,',. ',F.i ft 5,1.9 EXCIEPi With Lhe [}1 ney S Drier EPFrOV'a . Lhe CO.;1tra;;taT ShF { nm make. e GLVance payniilept9 t;1 vurpildrB fUr T:34 °,r -Gj13 (11 oQli_ilrr16nt which flzve rin bel.n. dwllve ar)d strJred at Lhe siirw § 5.2 FINAL PAYMENT 1 5.2.'1 Final payment. constifut.ltl t}1e �;€t1Te lfl ale l t11a 1C'c. of fhc@ C�o:tirFl::t Sum, sh4 l by made ljy Vh1 Ownef to tit-- Contractor when .1 tht Contractor has fully performed the Contract except for &u Contractor's r•esponsibilil�f to Correct Work as provided irr Section` 12.l -2 of AI t Doclirnent A201- 2,007. t nc tea satisfy Darer requirements, if any, which exle- d beyond. fr:al paynjeliq rind .2 a final Certiricate for Peynmrtt ha;; been issued by fa° Ar:,hiteet. fleet will 1zersc initial Decision 1�lalter puTSllarlt to Secein„ 15.2 of All- Docutrreri A201 inl: sa f le j5oin 1Se11�1t ftt i15Ei indiVidual, not a party to &pis Agreement t6 Serve i± ihitiW b e�l °1bTl:�c"t:e!.::': �'fle irulitallV aeree fuser- fire Itarn.e, cad(h -ecs and arhvi ceon acct irforF�drrc rf n� ... li:zricill c * a i tlle-4n ' '�iixPCx.l,? ..: § 6,2 4 IC DISPUTE RESOLUTION For 2>riy:'Qlpi l stibiect to. but :lot resol ed by, medistio:f pursuan? .o Sl;Cti0l -4 15- Or I , DOCUMeni A201- - ?007, he ltlCtllOCl of lAinding dispute resolutions shall be aw follows: (CheO, & appropriate bar. If the oil er and Contrachw do nol.4•e3levi a methad of binding disputer res'nluri©r helm, I, or do ? 161 subsP ji enlly agl'ee in 11'r'lfiug to o l €itl;iing efi, Ppzae rew1ulion inet od U {t' er than lifig rlian, (.laird • will ho resak ht litigctrirr.r ill a Gaud a/'rr;;rpr:tc�ry j �l; riic'tiisit.) ® Arrsllratim! piJrMuanf to SvC n i A o f A)A Docl:frl /--'t11 0()) L''I Vation Ell a court of con - *E ;e, '-t f`€ri5»tit iiCr Other: (Sped i'i 0 -C'r6, 9J c��aa) ,g�. ;oF , r _ w , s in €1. 1€€, ; 1�, 1,,..., .1;, ,.1, 1:135, �.:1, �p�e 1 977, 10E4. ltir€i, i9S1 1"7 Bnd i0(lf y - , �f f, ;res ear= Instilele of Architect!- All igmui r t•.wr:•,:cs WARNING. fills AIA Documant Is protoolucl by u.s. Cupyligill Law ar€d InlurnullurI'll Trealiss Ullaulhorizetl reproduction nr disltlituliort of Ellis AlA Dockmw or arty Psrrlion of it, may result In severe civil onrl crifrfin rl pe €taliles, nrid vrill tic prosecuted to thr maxlntun€ ex tent possit€ic under tt €t lase u: r..,asc'e a , c pc:, ! , t:t ra;r. c,a�cc :� E t €i) ;e: c€F tt;I ".i�inl w ^:e : f ^rri lrte 1Q repr. -, cupy+ I h1 vi'4etier of kh C:ordtect Occu panic, e" dr? 'Ir-e A. eft ,, t..5i +r,A= ni r -.,erg !c rr,rA r.,.. -�..t r„ ,. • ,..n r. .1 iil .r;i; n'' iii wC: bslc ll ".�i'f'LtTir';Ci 1.`),SL'YtAa f:7 „ i fYir.'Y ,Pv.0 7 !,l.. l !3!: u„ r =rc ' 1�i.i i'' nw ! 11T"Fe" ! he j S', irt,t' 1'( - i < �:�;i' ^ •ta;'J F',S'itC:1t f"C'C7ift's?GT) r1` it.`::3.Cid[,'l , i j l Ce`i7i With the C}GIT#C',' : T)Gr Ej1NTa4'a . LItt 1 a Ltrr chp-F no: ma ke, Edvance �3a CL: 'tlrlfl'ers fCt - %$Z °I;21Y m QII'z� ;'I8?1t wh1Lh heave lot beer. delll'Brcd and stCli °w Ft ffe sil 5.2 FINAL PAYMENT § 5.21 Final payment. collstiMhig the entire Ll: hala �e Crtt C'c,trz ^.t Sara, s l l' be made by the C7v'ne; to tt€a C' antrartar 'vhen 1 the C'bnirectar leas &I 1Y PI!Tfot�ned Lyle COD tract exUpt for the C:or#traom's responsibility to coTrtc, Work as prof +ided ' €p. 5ec:iat: I- .1,2 o` AIA hart .<e::t A.2 0i- -2007. and to;,atisfy other reatiiremen€ s, if ally which cylend beyond final paymer)t; pna ,2 z ffnitl Ce,- lilicale fot Payn cna has bee,-1 issued by the Arcbitect. til l L7ewisiolt iAaltt r pursuant t4 S:c�jo, 15.2 of AIA L)ocumar t A2 unlese the indh idtiml, not a Very t0:1t-ds Agreennerij, tu;ser,+e zs ��rtt l &e lsin)':l�aftert.; �lllc rtQPW, ud €bees faiid whel en;itac't infor•Trariear Of (;,cr ttiiiial 1)t?Clsim; 1 .a ear, § 6.2 61NDIN. G DISPUTE RESOLUTION For ark! 02;2 Yt �E6b eTt.w- }'7111 ZiO' rBSo1vre by, rreeiadon Purl�l:,'?ll" ;� Se(`.601'# 's .r 0 l L, Docume �t A201- 2007, tn� n ethod at binding eispLtt' resolution shall b, m follow,,: (017 4>3 the aM)raprica(e boo. !f the Chi ner and Com) d not.s'elec -t o rzetliad (If t disjaffle aesr,llfuora Belo ;3, r,r do alcTa srihta ruentlj rlgi est !;a 1.t'ritirg ro o himlitig dispvIc- resolulion iwaetl)e;; v(laea- tluf >a litigafiv) €. Claims 1slilt her resolved l.l' liflgellion 111 U courf Q/ c( 7 YijlEit�IZl ,lid7'i.Stlt('rit3ia.� ® Arbdt; Etiory puTEPua y to Spc^ It•!) 15,4 l)rA I/, IDGCi I?l° ii /a201 °2007 D Lltigaticri Iri a c "'a i O f Curti e:8 ii E FitSLfiCiiC:i Other: (Speech; ';i? 1 innt :3 t >.11t'f :97 E. 13'1 . 1 °? ?, ^.gh4, - ,Par" lt,il. "1, 15115, 1 9cf, +87e., 15'17, 198• x, acrc2r €rsli#ete 01 sr'I :n #ni ri•s� ., WARNING. This AIA Docum€#nt Is prolac€et€ b M& Cupyi €gilt Lew' and Imurmilhrita€ Trentkes 1lnaulhorlaud ropruttueti©tt ui dibij of this AW t'tpcu[t#enl, Dl arty porlian of it, may result ht severe rkvkl find criitrtn tt prose penaltkcs nett v[III tie r prosec t h t;t rinxlmnrt# extent £ passitt €e under the kasv "urt•. ;�s, , :: a g per;, .; ! e t;# eo;::;,� •ca :eft t0) c ^p:a: of t ;t: incur ;5r# w�;t'i t - ,,Ir.S# ; 1 i et ons r.1 &A C;nn. ticl Jucu�Ttenis, e•ruF' i t=v fe erkcea I-sw nr r.1 1. - ; r� C �„ „ , ' In �i mar. n3 .. i..r„ ,.. ,,.,, t�(�.tl % €.�:, �,_ 1il�i�i•; j iif��l�t`rc4t�c = ;:t_'�� °li.�i �f ' le cor;. - sac - may ti?:..... ^1?; °C u`/ ".:t:: ow no: : a s. A2,' A:RTICILY.. (i F RCIVlaKttd 1 WI If, r° :c :7;" ad r in :'i;,` iA to P Lt 0— i,.,_°i G': i -3A A2 i)1-20 7 C:"c.i: Ci :t ?'.;: Coa:'c! ilt€CUIt,�'r t -e ra n ref 'is n ,a. r;:4 j a a- £ L �. C .. "' i0 t�'u=s jr`(:I to a ` it: -;. :':CdE? CSi" ."��:EC:in'::Pu �� U.;. �1`l�viSio c r �'grt 'iC•t Tw Ji t_tt' b 8.2 Payments d°;t a: unpaid unOU; the c ontrp-�t sha' =.t bear impr e5i f"t'i� i the bats~ payn2et1r, is due & ° s the, rote. stawd imlami, or ; flit Ebsenre the - e' tl` lega? ;F-tF l;rt:'JcL, JH- fn) rnv� tc time ct th9 a18wE Whet'F. 1118 Project is loc; tec. Onxeri rare nl hnerest agrecct upon, j'cny.f � &other Pt 6%49i01#�; ARTICLE ENUMERATION OF CONTRACT DOCUMENT 931 1-Fie• Contract Documents, except ;or ModifieFticnc issuM after execution of this Agreement, are enur crated in the sentidnsz below; § 9,1,1 The AErmartem is Ehis exttcuted MA Document A101- -_:O07 Sta idzrd Fore, of hg:rae*nent Between Owner and Con`_ ac!or. 9.1.2 T he General Co-ditio;in are AIA Docun — te. A ?01 "2007, C £ep6-1F� Conditiont; of Lhe for Construction. Action. ti 9, r.. T11e `L€Vpier and cit_i t:y t.ondition$ 0 -tip Ct7ilcpct. Ducumetii Tltic Dare Pages Addendum #1 Project Exclusions 1/23/2011 1 1914, IS a. i, ^ -.2S 1 37, 1951, i6uC. 1551, 7386, :96?, iv7k. 1977, 1 96(4. i98 i, y953, I9G7 and 2007 by'rt.:� E:A ), arics, 61etituls cf ArcF iectw. Ali riiihtr. te:;Pn oti. WARNING: This AlA bocttrnettt €s p[aiectztt L€y U.$ Cupytig #n L,itw slid internQUo"a€ Treattas, Unaulhopixed pepr oductiwt of disirfauliat7 of this AfA Documcal, OT any portion of it, tnay TpSU €t In sobers civil and criminal punaltips, and wilf be t ' pinsecuted 1 0 the maxis "In [ xlmil possible" under the low nitre €uL: - efu Vi:r Ni:aa fa te,?'Gduca i ®.. (i Q1 ca�'9E at l'it darurnew whsn vol,piew It ., �.. ,r „ i L3h r .—i i'1.. n.w n .. > ,— -r ,.r R.- 6:.n.., ,....., --- i YnE 0`;'" - '...::�y! �i,� to ". ,F� a'f . ?': ' r'7P.: :"' .:`� C `r+_ as 1'-r.:`; .sE <.. ,.': P '� :.! i.:C. "ms-i G o ) ` {.ids: p . )( [+) [te I Where 1 Qi��P�.�A rS ....�'..:+f- m Lti t" ..: - € f—n LC %V 3'Ji..a �1 l C.!!"� �. - w ', '�mff'm ,A"I - 2 , 00 0! F-n ri:h Doculvit , t'e, reieren-ce re-er, L t r rovi n B3 a: eMdCd, € is Y €a1�:i:L L, tl ^n" VIvio ° o t 7 � =C�: : 1 Itf �5 (1� L'.jJ�.. �: G� :S: li )?.� f}! ttle �._..Gw. Do cument". Et 82 Payriner. &e and unpaid du." nv t - nt' Sha b ear interes f t he ta e :1:+ tr,€ t � 1 L 2 :.1 G!i t tiu , 4� ]7_ date �ay[7]:P..t�'s is 4�tte aiti'if: rt:�e atcteCt iir u Or tr: iht; cbsence the —oof, a? 1: tegp! i aw Urt !Filing fro m! toot i.- Cime at Tile t here the project is imted f Imert jwie OJ i7tmerest agreed uirom b r-( }', j �`64'Ct',t; �.an!r��iorts�e�rr�relltatis�e Daiwa `Burke` 55 +0 Southrge6te=Blvd Hanrtbuxg NY 14 ither par[j, . - I � � Ci1'iC! �i'Ll�'ISltlE15: e repiesent tiVe >r!lai be:cha =aigcd srlithout ten bays wmmn not ae td thle ART[CLE ENUMERATION OF CONTRACT DOCUMENTS 91-T.he.Gonrrar-t Documents, except for IvIoaifications issued after exec:1160171 of this &greelnent, are t:ritirr €crated ir; the s�ctra�� 1leiav�.. MA Ire A greemerll is C-ik exaf-uted AiA Decur€ertt A 101-2007. Standard For lx€ of hg=eerrtent BeNieen Owner asd Cc:nta�a, tar. 9.1.2 The Ce=.lerai Condition €s F-g 1,1A I3eremem k`C 1-- 2007, Ger ere! Conditicrs ofChe Corr€ ac;t Car Constriction. G 9, Thi 7n6 ot_tler Co editions of i!l° Ct)Ell 2 t: 1 tsr.0 tlarlt T1tit Ctntc Pages .Addendcun #1 Project Exclusions 1/23/2011 1 PtA Ch:r€ €€vent isIm, yr€:!;'. Copyl!girt 0191 h. 991 ti, 192x- 1E37, 11'51, 1a l . 19E1, 1953, %957, i91 1977. 9580, 198"=, 11 357 199'r and 2007 by Thx I+rncrirar. Institute et A x1, All 60 1r. re_;Fri'a:d. WARNING: This Aalk� Document Is ptoteermi by U.S. Cupyrlght Lew and Inlernatlonal Trvalles, Unauthurlmd top€ oduetiun of distrlbullon ui this AIR 17ocurnent, or ally portion of II, may result In snvt)re civil and ul€ninat ponahtes, and will he tl prosecuted to the ntaximunt PxImil possible under the law r-um'€rst;: V e€u Mmo lrev tc rap oducz mr. ( copies of r`ti$ dac€;rnaati tv'ss:: con ale[L. 1 c -, r r.s .n . ..lc,:.a. of Lit. r e'1., n -,< n -, . - .. f ; - -r .-a t. ,..ti:,...." - -, —.—I ..... -._ a r I t Attachment A Silvestri Architects Project Manual SA Project Lo. 09180 dated January 10, 2011 Headstart Daycare 1461 Main Street Buffalo NY zkl." The D- fief the Drow'hips heve or rej�,­ c r-j -, 4 � j ib ji r t i Numbo Addend= #2 Titft; Project Drawing List (Drawings attached) k1tv January 23, 2011 Wimber Liam p'q1f'­_ OC1111K, r0q"xeJ'.7e:r'tt aw r.o! Dar" r Qle DoCurn uoie5. tho bid.dir reouirenien!!; are F-Iso cptimv� rat -6 iri tr A_qi�j," 9, Addftf*oiial docuuntmm, il'anv, Jb pa-, - AIA Documeni F ITM__ 2 O Djgitai r)vta Prolocol F iii i.. ;J'Com Ole 16c 11 'r:y the Vartie." or r!c hero aAY addiavnn! tionane, that are _WO? p-ovicArA MCl/ hiddb:.e t'!Jch W advoi or i'-wi zarl . 16 hid, leiswwlions to B.' rmnpie Dur& "_' e?'V 1wr' bf' ARTICLE '10 INSURANCE AND BONDS :iiswaiire P-r.d fO � it 1 Of AIA J),1eju A ? 2 t 1 07. 1,Jtlfe 4 Typ of lri�vraanoe or boiid Hmft of Hiibilil or blorid Amoon't '�u ()(i A tA fit) = 4,iuvr "919 , 'Gi5 ijj:'7 1a 6 i9na' BE Armicar, InF. 0 kr, - „;mrft. PT ri tib t,. WARNING: This AW Ductff"Lnt is protedod by U.S. Copyright Law and lrjtnrnaflullat Tt UnB111110tized reproduction or dirldbution of thlu AJA Dociltn1int, of any p of ti oll c f it , joy 1 , 1 5 civil I Wnjil posslift. LinfleF lhc- ID rld cr i m inal ponallies, and will tie prnrcimle(j 1C. ffir 1 31 13 AMM" L tj Ll� ji r DPH11 tc fin Eri- -, I S ��' -: L.'tu'c�f C30J...Cn, - Se wpo-, Attachment A m Silvestri Architects Project Manual SA Project No. 09180 dated January 10, 2011 Headstart Daycare 1461 Main Street Buffalo NY 9AU The F), .. -!,j L ble.k fis! 117p Dw '? C11 ; - a cn, 4aiiiba Numbur Addendum #2 Z 9,1.6 'I'lle kdde'ridp. it'p-ro": 14timbor T111c, Project Drawing List (Drawings attached) U116 Januk Uct 23, 2011 i f �; Ptirdon!; oi'Adden relsting Iti hidding. requiiemfmt� Plrt r,0! DaT' J!f tr �2 D.3i'Ll me n! un;t!s. the biddir ret Fre OS Mimerat-:6 in this- A�rt I . 9. Addit dx-t:i it ariv 10 i"i? pan of hf co-Itm• Dnm: mf1ps-': .1 AIA Document F I Digilai Data Proincoll Cxni1 it. it COMPieled i ry tree pani=cs, v, the 1 12 0� , hr,�r dctuum entE, U'any, livted bt oddiliun.-I docunwnf, Mai are inw,7dmdra ( r.1'r aj� fi the 'r vcl Dorwrley , t6 bid fi ci- i f !!! - mix aw." 117i L !;/( art /14-o (11'rin ARTICLE •0 INSURANCE AND 13ONDS M'Ialf PLacha,-c maii A : m;r, mifance Pro pm :' ;%2C : de bl' V M fG iT -Arlide I 1 0 A!A l ) I - 2 - , J'I 0, 7. Type ol iristifar,(,v or L01 I lml: of Hiibilily or bond konwrit i'VIDO', Sr IrM, UE I AMS icer, I mMiWIF, G! A, m4mtfi- AX riF Ai 1 E:, f r ve i;. WARNRIG: This AIA' DO GUID L III jU protec by OZ. Copyright Lov a I it] In tun 0 11 Orin I Tt LJti;b Urliltithorized foprodticlion of diSiributim of this AEA Dormant, of uny P ( If H array Msull in severe civil and cirlaijoal pal,011j and Evil, hr i Ult'd 14) Ill r mox1r"kiin extant pos 51bli; undof the Ivy. cn c 1 0r.--J�rtrnm, a-= 7110/ Ise. c,!-; Rev. Richard Stenhouse David Burke Managing Member ih h? CAUTION: You should sign an original AIA Contract Dorumcni, on wbich this text appears In RED. An original assureu that chartges will not be obscured. AI A t,` , !M. 1925, 1937. 195% - .95F. i991. 1963, 1 ,991, 0?6. 1S?7, 'fMl, 1991, 1997 and 2QCJ 71 ht ,ifill Afnstic Mfiluto of ATqbvail.. A's WARNING: 3bi5: AW Is protected by U,S. Copyright Low and hilornallonat Trti-111(ifi ij Unnuffiarl7ed reproduction oi dIstribulian of this AW Docuirierst, Dr zany Portion of it, may result In severe 60 anti ctliniji-al penalties, and will h, pro-ierttled to flit ouixImurn exlf-nt possibiv under tti, P,-!rhaqe:s it PWrailec to (up"amm 1w (10) =Ili al 1, is ovhar rjjr l c fe ccqy!iq i %• ':)- Rwms Df J.q� (, :Qp:, I 0 T.'Il o CODV1 I ghl&i6.01t 1p!,t� L�ir of A i c m � :no�vl�/uu a*[ u T, e, v:uT:/n,�T Ebt:/c ~..._.`'.~~'-..~. Bev, Richard Gtmnbmuae David Burke - D�nbnz '�--'--------- `-- --- --- - -- ' - �- '— - ' ---- ^uv�om wit) ,�r�rm�ncmp�a/"dw CAUTION: You should sian an original AIAContrac I bocurtient, on which this text appears in RED. An original assures that changes will not be obscured. om Amwitan institute of A' WAR 1 Ili! 5 AW Document Is protected by U.S. Copyilgh I Low und iliturnallona I 'fie-atli)r Unauthorized reproduction ot distribution of lhis AlA Docinnont. or any pintion of 11, ritay result In styure ciVII anti oflillin,'ti liandlies, and will W \V' U DARIUS G. PRIDGEN E LLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1408 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -4980 o FAX: (718) 851 -6576 City of Buffalo Website: www.clty- buffalo.com Ellicott District Website: wr wrw.buffaloellicottdistrict.com C OMMITTEES CIVIL SERVICE FINANCE LEGISLATION SE NIOR LEGISLATIVE ,ASSISTANT VERNEE W. SHAM! <FILE> DATE: November 10, 2011 BY: Darius G. Pridgen, Ellicott District Council Member �UBJF�-CT.City I-lall Ambassador Note: ® Anonymous constituent is supporting the employment of an individual to serve as City Hall Ambassador, located at information table in main lobby. Darius G. Pridgen Ellicott District Council Member Ellicott District... A Great Place To Work, Live, Learn, and Enjoy. / Councilmember Prid err To: Subject: RE: City Hall Thank you for your support. I truly relieve that the proposal, which was actually written by a city hall staffer, was right on target. Your comments will be a pa rt of the file supporting this effort. Seat. .�u��� ;y, MVember 06, 2011 10:45 PM 1 To: Councilmember Pridgen Subject: City Hall Councilman Pridgen: I just wanted to pass on a story that reinforces your argument that City Half needs to have an employee whose sole job is to man the desk in the main entrance hall at all times that the building is open. I was visiting City Hall for the first time back in August, and I was walking toward the elevator, I was approached by two young men, who, it turns out, were tourists from London, England. They wanted to know how to get to the Observation Deck of City Hall, and literally the only person available for them to get directions From was me, the non- Buffalonlan making his first -ever visit to City Hall. My only suggestion was that they ride the elevator to the top, and hopefully they would find their way to the Deck. So, in summary, we had two tourists from England _- across the Atlantic Ocean -- who had chosen to visit Buffalo., and actually walk around the city and see the sights, can a rainy day, and there was no one to help them find the Observation peck, at CITY HALL! We need to stop shooting ourselves in the foot, and your proposal for staffing that desk full time is a great way to. start. Thank you, R EFERRED Anonymous COMMITT ON FI r , € O COMM C OUNCIL DARIUS G. PR4oGEN ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1408 CITY HALT. BUFFALO, NY 14202 «3318 PHONE: (716) 851 -4980 s FAX: (716) 851 -.6576 City of Buffalo Website: www.city- buffafo,comn Ellicott Mtftt+Website: www .buffatoellicottdisifict.com FILE DATE: November 10, 2011 . I Darius G. Pridgen, Ellicott District Council Member UBJECT: Park Closing Hours — LaSalle Park Lam. COMMITTEES CIVIL SERVICE FINANCE LEGISLATION SENIOR LEGISLATIVE. ASSISTANT VERNEE W. SHAW t R,� Darius C. Pridgen Ellicott District Council Member Ellicott District... A Great Place To Work, Live, Learn, and Enjoy. f Councilmember Pridnon From: W. Morgan Smith [w.m organ .smith a@g aii.com] Sent: Monday, October 31, 2011 11:09 AM To: Councilmember Fontana; Councilmember Franczyk; Councilmember Pridgen Cc: Rabb, Andrew R.; valientannie; Ellen Markel Subject: bark Closing flours - restriction on after Dour use of LaSalle Park. Attachments: CCP20201111011 Park Closure.pdf Dear Council Members, In regards to the attached proposed ordinance amendment setting closure times for City Parks, I would respectfully suggest that the language be further amended to eliminate the restriction on permitted after -hours use of LaSalle Park to "fishing purposes." The Bark Yard dog park in LaSalle Park is a significant regional and city -wide asset that regularly draws users after sunset throughout the year, especially during the upcoming winter months. Under a strict interpretation of the proposed ordinance this use of LaSalle Park would not be permitted. The restriction would represent a hardship for numerous dog owners (and dogs) who rely on the Bark Yard for recreation and socialisation of their companion animals (and for themselves). The area is well lit, in fact additional lighting was added when the Bark Yard opened, and having dogs and owners using the park adds to the overall safety of the park, as we provided a presence that could deter vandalism or other undesirable activity. Thank you for your consideration, W. Morgan Smith 38 Park Street Buffalo RE_FF_-_-RRRE0 TO THE COMMITTEE Oil LEGISLATION. Q 0 3 ; Date: November 14, 2011 Sponsor: Darius G. Pridgen, Ellicott District Subj Sale of Foreclosed Properties & Proper Notification Attach d: Signed letter from Mr. Baxter, constituent of the Ellicott District I would like to have the attached information filed with the next Common Council meeting on Tuesday, November 15, 2011. Thank y , Darius G. Pridgen Ellicott District Council Member tr Otha Baxter 311 Madison Avenue Buffalo, NY 14212 November 14, 2011 To the City of Buffalo Common Council, recently received notice that my property at 311 Madison Avenue, Buffalo, NY 14212 was sold by the City of Buffalo at auction. I was never given proper notification by the City of Buffalo's relevant departments regarding the foreclosure and subsequent sale of my property. I want the Common Council to know that my house was sold and that this practice is wrong. I am asking that this sale be overturned and my property returned under my name. Thank you, Otha Baxter REFERRED TO THE CM$E LEGISLATION. 0003' I= Date: November 14, 2011 Sponsor: Council Member Darius G. Pridgen, Ellicottt District Property Tax Hardship Assistance Program I would like to file the attached information for the next Common Council Meeting on Tuesday, November 15, 2011. Thank you, Darius G. Pridgen Ellicott District Council Member iV Property Tax Hardship Assistance Program r We, the undersigned community organizations, support the creation of a Property Tax Hardship Assistance Program to benefit low- income homeowners with delinquent property taxes and fees. Although the annual In Rem foreclosure proceedings are necessary for the City of Buffalo to recoup lost tax revenue and transfer dilapidated buildings to new owners or the demolition list, the foreclosure process imposes high costs on Buffalo's most vulnerable citizens. We should assist the poor, elderly, and disabled who need to stay in their homes but struggle with low - incomes, medical hardships, and other difficulties caused by living in poverty. The current system has not proven to be effective at stemming the epidemic of housing abandonment and blight nor has it proven to support the housing needs of our elderly, disabled, and low- income citizens. Therefore, we urge the Common Council to amend Article 28 of the City of Buffalo Charter authorizing the creation of a Property Tax Hardship Assistance Program with the following guidelines; Eli ibili • Income at or below 200% of the Federal Poverty Income Guidelines • Owner- occupied 1 -4 family residential properties only • Owner must not owe delinquent taxes on other properties • Owner must not be in default on a previous repayment plan Benefits W Repayment plan for taxes, fees, and other delinquent charges can extend for up to two years, and no foreclosure proceeding will be brought during this time. 0 Delinquent taxes, fees, and other charges do not accrue interest or penalties during the repayment plan and no In Rem fee will be added to the account 0 Initial down payment can range from 0% - 25% of amount owed based on affordability D] Agencies that already administer City programs, such as the minor hone repair program, can administer the Property Tax I lardship Assistance Program. Legal Services agencies can also assist homeowners in applying for the program, We support the creation of a Property Tax Hardship Assistance Program: Legal Services for the Elderly Karen Nicolson, CEO Daniel Webster, Staff Attorney 853 -3087 Legal Aid Bureau of Buffalo Lisa Strand, Supervising Attorney Paul Curtain, Staff Attorney 853 -9555 Erie County Bar Association Volunteer Lawyers Project Robert Elardo, Managing Attorney 847 -0662 Belmont Housing Resources for WNY Elizabeth Huckabone, President 8847791 Partnership for the Public Good Sang Magavern, Director 852 -4191 ext. 117 Coalition for Economic Justice Allison Duwe, Director 852 -4191 ( 9 : 6 ) Buffalo Urban League Brenda McDuffie, President /CEO Beverly Moore, Housing Coordinator 250 -2402 Consumer Credit Counseling Services of Buffalo Sonya Singletary, Certified Financial Counselor 712 -2060 Western New York Law Center Lauren Breen Supervising Attorney 555 -0203 REFERRED TO THE COMMITTEE ON FINANCE, 00e1 Date: November 14, 2011 Sponsor: Council Member Darius G. Pridgen, Ellicott District R Interior Lighting in the lobby of Buffalo City Hall I would life to file the attached information for the next Common Council Meeting on Tuesday, November 15, 2011. Thank you f' Darius G. Pridgen Ellicott District Council Member T 0 3 2011, s _ e • The Pull Service Historic Preservation Architecture Firm Thursday, September 29, 2011 Councilmember Darius G. Pridgen 3408 City Hall Buffalo, NY 14202 RE_ Interior Lighting in the lobby of Buffalo City Hall Dear Councilmember Pridgen, I write to you after reading a recent article in the Buffalo News about your support of additional lighting to be installed in the lobby of Buffalo City Hall to offer my assistance with your efforts. I am a scholar on the history of the building and its primary architect, John J. Wade, having completed my Master's thesis "'Americanesque': Exploring Modern Civic Identity at Buffalo City Hall" at the University of Virginia. Returning to Buffalo several years ago to work as Architectural Historian for Clinton Brown Company Architecture, I am now also a frequent lecturer and tour guide on many topics involving the history and design of City Hall. In fact, I will be speaking at City Hall several times during the National Preservation Conference which promises. to bring over 2,000 eager historians and preservationists to Buffalo. 1 understand your reasons for supporting the installation of additional lighting in the lobby, including public safety and to make the artwork more visible. Please also know that my in -depth research on the design intentions of architect Wade leads me to understand that the lobby was intentionally designed to serve as a dimly lit, mysterious space meant to evoke the sense of awe and reverence similar to the experience of entering a cathedral. Fighting was a critical and carefully crafted element of the design of City Hall, both on its exterior and on its interior. The play of light and shadow was carefully and thoughtfully controlled, and light was meant to highlight the geometric quality of the carved stone artwork, and the jagged lines of the building, as well as evoke an emotional response to the architecture. The transition from the light of the outside, entering into the dimly lit space of the lobby, follows in a long line of marking a significant space dating from Egyptian temples to Gothic cathedrals, and later also employed by Frank Lloyd Wright in many of his masterpieces. Wade intended the citizens of Buffalo to enter City Hall and feel a sense that they were entering into a special, hallowed hall dedicated to the powers of democracy, equality and fairness. Lighting was carefully installed in select places, such as the basins at the feet of the monumental carved figures in the lobby, which accents their carved features against a darker space. By overly augmenting the lighting to create a bright, evenly lit interior space, the sense of awe and solemnity of Wade's original design will be lost. Part of what makes this space so sensational to visitors is the almost mystical play of light and shadow on the figures, with light We collaboratively design the revitalization of heritage buildings and communities The Pierce Building. 653 Main Street, suite 104, Buffalo, NY 94203 Tel 716 - 652 -2020 Fax 716 -652 -3132 Niagara Falls, NY LA crintonbrowncompany.com Lockport, NY )' (c) 2011 t Councilmember Pridgen September 29, 2011 to www.clintonbrowncompany.com glittering off of the gilded sculptural work on the murals. I fear that if this carefully crafted sensory experience is lost that it could actually detract from the artwork and sculpture in the lobby and the experience of our citizens in their building, even as it makes their visit brighter. May I please be of assistance to you in your plans for redesigning the lighting scheme of the City Hall lobby? I would be honored and thrilled to lend my insight on the architecture, design and history of this magnificent building to your team. My hope is that if I could work with you and the lighting technicians who may be involved in this project we can sensitively balance the needs of safety. and visibility while maintaining the original design intentions of John J. Wade. Will you please let me know how best to follow up with you? You can reach me at (716) 852 -202 or at iwalkowski@clintonrbrownggMp@ny.com. Thank you, Sincerely, Jehnifet Walkowski, MAH rchiteural Historian REFERRED THE COMMITTEE ON LEGISLATION. The Pierce Building, 663 Main Street, Suite 104, Buffalo, New York 14203 Tel (716) 852 -2020 Fax (716) 852 -3'132 Page 2 of 2, Entire Contents Copyright 2011 0003_° TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen Date: November 15, 2011 p ri Marijuana Theme Candy I would like to file the attached information for the next Common Council meeting to be held on November 15, 2011. Thank You, Darius G. Pridgen Ellicott District Council Member U; CA r 5 CRYSTAL D. PEOPLES- STOKES 141" Assembly District Erie County Council Member Demone A. Smith and 1316 -A City Hall ALBANY Council Member Rev. Darius Pridgen 1408 City Hall 65 Niagara Square, Buffalo, NY 14202 Dear Council Members: CHAIR `a S €fbcommittee on U Oversight of Minodly and Women -Owned Business Enterprises COMMITTEES Alcoholism and Drug Abuse Environmentaf Conservation Governmental Operations Health Higher Education Insurance I am writing to you in regards to the dilemma we are facing in Buffalo with synthetic cannabis and candy that is marketed with a marijuana theme. I wanted to let you know that the there are current bills in the State legislature regarding both of these issues. A4318, sponsored by Assemblymember Gabryszak and Senator Lavalle proposes to ban the selling of any candy or confection in this state that is packaged, shaped, or rnanufactured to resemble marijuana or marijuana products or to imitate the flavor of marijuana. Bill A7231. is sponsored by.Assemblymember Ortiz and Senator Flanagan: it would prohibit the sale or distribution of any product containing`synthetic cannabis. I have signed on to co-sponsor both of these pieces of legislation. I encourage you to contact the chair person of the committee that these bills are in to ask them to trove these bills to the floor for a vote. I have written to them as well. Bill A4318 is in the committee on Economic Development; Assemblymember Robin Schimminger is the chair. Bill A7321 is in the committee on Consumer Affairs and Protections; Assemblymember Jeffrey Dinowitz is the chair. I've included their contact information below: Assemblymember Robin Schimminger Assemblymember Jeffrey Dinowitz District Office Albany Office 3514 Delaware Avenue LOB 941 Kenmore, NY 14217 Albany, NY 12248 716 -873 -2540 518- 455 -5965 Please contact me if I can be of any further assistance on this matter., Sincerely; REFERRED TO THE COMMITTEE ON LEGISLATION, Crystal D. Peoples- Stokes, Member of Assembly, 141" District ALBANY OFFICE: Room 619, Legislative Office Building. Albany, No.v York 12248.518.455- 50175, FAX 518- 455.5471 DISTRICT OFFICE: 792 Gast Delavan Avenue, Buffalo, New York 14215 a 716 -897 -9714, FAX 716- 897 -1154 THE ASSEMBLY STATE OF NEWYORK DAVID A. RIVERA PRESIDENT PRO TEMPORE NIAGARA DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1504 City Hall BUFFALO. }NY 14202 -3318 PHONE: (%161 851.51?5 ® FAX; f716)851-491 E -mail: d ii iverag�ch.ci.buffalo.nv.us. 000 Ci of Buffal CLAI LERV CIVIL SERVICE COMMUNITY DEMOPMENT FINA`CE LEGIStATIOfN RULES SPECIAL COMMITTEES JMBEC WATERFRONT DEVELOPti1ENT CEIIEE OF STAFF WHITNEY ARLENE CRISPELL _LEGISLATIVE AIDES SEAN 'v1ULLIGAN €7E�lL SANTIAGO f TO :. Gerald Chwalinski FROM: Councilmember Rivera DATE: November 10, 2011 : Beyond the Peace Bridge: Regional Opportunity, international Trade and Community Regeneration. I would like to file the attached information for the next Common Council meeting to be held on November 15, 2011. Thank you. "In Unity" 1 PAitT IERSHIP FOR THE PU B -1 1c Goou October 28, 2011 Council Member David Rivera PPG 1504 City Hall Buffalo, NY 14202 Board of Directors Dear Council Member Rivera, Karima Amin We are pleased to send you our latest brief: Beyond the Peace Bridge: Regional Aaron Bartley Opportunity, International Trade and Community Regeneration. Allison Duwe Rahwra Ghirmatzion As the Buffalo and Fort Eric Public Bridge Authority reexamines proposed changes to the Peace Bridge Corridor, PPG has assembled this policy brief with the input and Nestor Hernandez collaboration of its broad and diverse base of Partners — organizations that are Sean Lora- Metzner accomplished stakeholders in the community and in regional regeneration. Now is Gary Ear[ Ross the time to reexamine the best use of this and all of our regional border crossings, particularly as Governor Cuomo's Regional Economic Development Councils are Staff forming their strategic plans and priorities. Lou Joan Fleron Co- Clrecror The Partnership for the Public Good (PPG) represents 100 Partners: non -profit Sam magavern Co- Director organizations, community groups, and local and independent businesses. Each year Megan Connelly our Partners vote on a Community Agenda: the top public policy changes that state or v eop grams and Development local government can make to build a better Buffalo. This year our Partners voted to Deve.'nrant make a better, more just Peace Bridge Project one of these priorities. The report, along with many other resources on the Peace Bridge and other issues, is available at www.ppgbuffalo.org. We welcome your questions, comments, corrections, and suggestions. Thank you. Sincerely, Sam Magavern V ON COMMUNITY VET Co- Director Partnership for the Public Good 237 Main Street, Suite 1200, Buffalo NY 14203 r. 716.852.4191 x117 m vAvw,ppgbuf'falo.org Beyond. the Peace fridge. Regional Opportunity, International Trade and. Community Regeneration A Partnership for. Public Good Policy Brief Summary Public Bridge Authority, citing a lack of Now is the time to craft a new direction for the funding, abandoned its plan for a second bridge Peace Bridge that reduces local harm and and a major plaza expansion. While it is increases regional opportunity, including these welcome news that the plaza footprint will be steps: reduced to save. the historic neighborhood, many questions remain and few answers have Create a clear process and timeline that been advanced in the months since this. project prioritizes public participation. shift became public. ® Make immediate efforts to improve the health and quality of life of the neighborhood. Longer term, remove truck traffic from the Peace Bridge and develop enhanced freight processing elsewhere, in a multi - modal logistics center. Make the Peace Bridge a true International Gateway and driver of the new knowledge and experience economy. g Modernize the system of governing Buffalo- Niagara's border crossings with closer cooperation between, and eventual merger of, the two bi-national bridge authorities. A Better, More .bast Peace Bridge Project The long debate about the Peace Bridge has entered another chapter. This summer the 1 Needed now are short terra actions to reverse the damage being done to the neighborhood, the environment, and public health, along with long term measures to capitalize on the region's border location. Without a defined process for moving forward, confusion and inertia are bound to set in. A clearly delineated timeline that prioritizes public participation will create a better project and avoid the delays that are caused by closed door or insulated decision making. Such a plan must not view the Peace Bridge in isolation, it must take a comprehensive approach to all of the region's crossings. The Peace Bridge presents a unique chance to reinvigorate Buffalo's waterfront and create real wealth and opportunity for existing and future residents of the region while creating a welcoming signature gateway to Buffalo and the USA. This waterfront project has the potential to become a nexus of revitalization, to strengthen communities and to provide benefits to local residents in quality of life, environmental justice and sustainable employment opportunities." Buffalo's West Side, adjacent to both the central business district and dense residential neighborhoods, is not a suitable location for freight processing. Capitalizing on this particular location means focusing on passenger traffic and on the knowledge, service, and tourism sectors of the economy, while using other bridge crossings for freight. Health and Quality of Life are Paramount on the West Side From longtime residents to newly arrived immigrants and refugees, the people of the West Side forth one of Buffalo's most diverse, dynamic and potential- filled communities. Lamentably, the West Side is also an environmental justice community disproportionately afflicted with asthma and respiratory disease. Peer reviewed medical research has determined the commercial traffic at the Peace Bridge "not only contributes) to asthma and other respiratory disease exacerbations but may also contribute to high asthma prevalence on Buffalo's West Side."' This research has found that rates of asthma and respiratory illness in communities downwind of the Peace Bridge Complex and major roadways supplying it are four times higher than rates in other parts of the region. Nearly 45% of West Side households reported at least one case of chronic respiratory illness or asthma, and the chance of having at least one person with asthma per household was more than 2,5 times that of Buffalo's East Side 2 vA } �y — itself a hotbed of asthma — after adjusting for race, socioeconomic factors, and household triggers. Unfortunately, Buffalo's historic street pattern facilitates the migration of these exhaust fumes deep into Buffalo's Vest Side, as it captures and distributes prevailing Lake. Erie winds inland — making the Peace Bridge area an even worse place for heavy truck traffic. CtrY er OUFFALO As thma € her concentrations r w of diagnosed astna 16 studies in r S O� , Tor&* J., POW ROOM" M, and Jt S i Pt�€tftt4mat aV - Owada Sgdof Gaol" OW i . 1r . rt Residents cannot be expected to endure this threat to their health any longer. Short term measures should include monitoring neighborhood health and air quality while undertaking pollution elimination and mitigation measures such as: ; Y�44t(i](FFAA �r yy�LEi�g�rtE for y gquality nt►t� �n�t�rin ��i t�� West 59�, � (. �i3YY €Yd Ffs E96�1� #'till. �1��l9f� with ® processing fewer trucks and wide loads, � installing electrification stations, � strictly enforcing idling bans for tru cks on the plaza, � changing queuing patt erns, � creating green buffer zones by planting mature trees; known for their - ability to capture pollutants. Equally necessary are short term efforts to restore the quality of life to the surrounding Prospect Hill neighborhood, which has suffered dramatically from the decades of uncertainty surrounding the bridge expansion proposal. The neighborhood needs to be preserved and restored, and no more land should be ceded for further encroachment of transportation infrastruetuz•e: Investment in Niagara Street to develop a strong and vibrant corridor all the way to City Hall is crucial. And capital investment must be allocated to restore Episcopal Church properties, the pausing which has been neglected by the PBA, and the privately owned housing that has seen substantial disinvestment due to its former inclusion in the project footprint. A stronger, healthier community also requires infrastructure improvements and beautification. The Peace Bridge should be a unique and appealing gateway to and from Canada, welcoming visitors into Buffalo and Fort Erie, not just directing them to speed through to highway connections. 3 �LS��iltt� �� �I(3 �'4i��, ® processing fewer trucks and wide loads, � installing electrification stations, � strictly enforcing idling bans for tru cks on the plaza, � changing queuing patt erns, � creating green buffer zones by planting mature trees; known for their - ability to capture pollutants. Equally necessary are short term efforts to restore the quality of life to the surrounding Prospect Hill neighborhood, which has suffered dramatically from the decades of uncertainty surrounding the bridge expansion proposal. The neighborhood needs to be preserved and restored, and no more land should be ceded for further encroachment of transportation infrastruetuz•e: Investment in Niagara Street to develop a strong and vibrant corridor all the way to City Hall is crucial. And capital investment must be allocated to restore Episcopal Church properties, the pausing which has been neglected by the PBA, and the privately owned housing that has seen substantial disinvestment due to its former inclusion in the project footprint. A stronger, healthier community also requires infrastructure improvements and beautification. The Peace Bridge should be a unique and appealing gateway to and from Canada, welcoming visitors into Buffalo and Fort Erie, not just directing them to speed through to highway connections. 3 Currently pedestrians and cyclists are treated as second class users of the bridge and the neighboring streets. They face confusion and misdirection when reaching customs and immigration on both sides of the border. Cyclists are expected to walk bikes the entire length of the crossing. The network of streets and sidewalks on both sides of the bridge and on the bridge itself should be welcoming to all users. The Complete Streets principles adopted by the City of Buffalo, if fully implemented, will help make sure that the high volume of automotive traffic does not overwhelm the livability and viability of these communities. Reducing truck traffic goes hand in hand with a long term goal listed in the City of Buffalo's Comprehensive plan: replacing the Niagara Section of I -190 with a boulevard . As demonstrated in cities across the country, freeing up valuable waterfront real estate and improving water access can leverage dramatic private investment and renewal. Buffalo's Comprehensive Plan calls for an International Gateway that includes the bridge, plaza and surrounding neighborhood and commercial strips, as well as historic parks and waterways. Implementing the City's vision will require a revitalized Niagara Street with thriving, independent businesses that would benefit from a renewed community and an international customer base. By contrast, the previous plan of the PBA was dominated by a large duty free complex that would have siphoned consumer dollars out of the local market. The parks, parkways and recreational facilities must be restored: Front Parr, Porter Avenue, LaSalle Park, the underutilized shoreline adjacent to the West Side Rowing Club, and the neglected RiverWalk. Funding must also be dedicated to sustainable landscaping surrounding the bridge facilities and throughout the neighborhood, and to the creation of green, walkable, bikeable streets leading to the water's edge. All of these initiatives can and should provide local jobs for local residents, further boosting the area's economic well - being. In all project considerations, much emphasis needs to be placed on clean and green operations, both to limit the bridge's future environmental impact and utility costs, but also to boldly proclaim to visitors that the region is pursuing a commitment to sustainability and a forward looking economy. 4 A Longer Term Outlook A better Peace Bridge project requires new thinking not just about the neighborhood but also about the whole region. An ew, more diversified economy is emerging, And as Greater Toronto continues to grow, Southern Ontario and Buffalo-Niagara will,be poised to:prosper from that growth — if the right infrastructure and institutional frameworks are in place.: A recent Regional Institute study commissioned by Buffalo Niagara Enterprise found that freight movement and storage jobs have fallen by more than 1;500 positions since 2001 and that regional employment in trade, transportation and utilities will decline by 840 jobs (2.5 %) by 2016. Despite the fact that the "region's location across the border from Canada, the nation's largest trading partner, makes it a prime location for the logistics industry,.. employment in this target industry accounts for a smaller percentage of the total economy [5.0 %Q] than it does nationally [6.4%]":' While this and most other segments of the economy relying on freight transport (food production, manufacturing, etc.) are declining, the health sciences, professional, business and education services, leisure and hospitality industries that rely on the movement and transport of people and information are each expected to grow significantly in the corning years. Moreover, the bulk of activity in this new economy is focused in downtown Buffalo and the Buffalo Niagara Medical Campus, each of which is best served by the Peace Bridge crossing. A focus on accommodating freight at the Peace Bridge location may bring in higher toll revenue for the Public Bridge Authority, but it does not serve the current and future economic needs of the region. Add -on servicing, freight handling and processing have no space, let alone competitive advantage, on the West Side of Buffalo, but they inflict significant harms and costs. The opportunities to aid our freight - relater] industries lie elsewhere. In 2010 the Niagara Frontier Urban Area Freight Transportation Study commissioned by the Greater Buffalo Niagara Regional Transportation Council identified several existing assets that would facilitate the development of a Regional Logistics Center, including four Class I railroads serving the region with good cast -west connectivity; good highway corridors for serving end customers both in the U.S. and Canada; significant trade infrastructure including customs brokers, freight forwarders, logistics firms and. government agencies; the ability to serve large metropolitan areas including Toronto, Buffalo and Rochester, and the Toronto metropolitan area's lack of direct connections to the Port of New York/New. . Jersey. .5 A The report estimates that a $25 million investment in a logistics center would produce returns of between $310 million and $557 million' — a much better investment of scarce public dollars than spending multiple times that amount to increase truck traffic at the Peace Bridge, with little or no spinoff benefits and substantial spin-off farms. In Niagara County, the three bridges specialize separately in tourist traffic (Rainbow Bridge), frequent crossers (Whirlpool Bridge) and trucks (LewistownQueenston), rather than trying to maximize all three uses at each location. The Peace Bridge should focus on the new passenger -based economy suited to downtown Buffalo, wbile freight capacity should be expanded in locations with good rail, water and air cargo connectivity and more sparse residential development. A Contemporary Border Crossing System Requires Contemporary Governance The region's interest is in the question: How can the Peace Bridge location best contribute to a bi- national trade and transportation system that enhances Western New York? Unfortunately, the governance structure of the PBA makes it an isolated entity with every incentive to pursue its own, institutional interest in maximizing revenues — which leads to maximizing truck traffic — including the recent expansion of an oversize load program which is bringing yet more heavy equipment and diesel pollution to the West Side. compete with one another for revenue rather than working together to advance the region. Formed roughly 75 years ago by international agreements, these agencies stand in need. of a serious re- evaluation. Merger, or at the very least collaboration, is a crucial step. A revenue sharing agreement, for example, would eliminate the competition for freight traffic and would allow the bridges to be used to their highest and best use for their relative locations. Merger or collaboration could also facilitate more efficient use of the Nexus system, which reduces idling and thus air pollution. A closer relationship between the agencies would serve to foster a common purpose and spur the kind of cooperative, big picture planning and operations crucial for regional prosperity. 2 "Geographic Clustering of Adult Asthma Hospitalization and Residential Exposure to Pollution at a United. States– Canada Border Crossing ". Tonny J. Oyano, PhD; Peter Rogerson, PhD, and Jamson S. Lwebuga - Mukasa, MD PhD. American Journal of Public Health. July 2004, Vol 44, No. 7. p.1256. 2. Oyana. p.1255. 3 "Local Ecological Factors, Ultrafine Particulate Concentrations, and Asthma Prevalence Rates in Buffalo, New York, Neighborhoods ". Lamson S. Lwebuga- Mukasa, M.D., Ph.D., Tonny J. Oyana, M.Sc., Ph.D., and Caryn Johnson, M.D., M.P.H. Journal of Asthma, 42:5,337 — 348. June 2005. p.342. 5 "Queen City in the 21 S ' Century, Buffalo's Comprehensive Plan ". City of Buffalo. October 2004. p.78. .g "Who's Your Economy.. Buffalo Niagara Labor Market Assessment 2010 ". Buffalo Niagara Enterprise, September 2010. pp.26 -27. b "Niagara Frontier Urban Area Freight Transportation Study, Draft Final Report ". Greater Buffalo Niagara Regional Transportation Council. August 2010. p:$9. 7 GBNRTC, p.96. 0003(1 `J -- ATTORNEYS AT LAW - -- www.kloss.law.eom 69 DELAWARE AVENUE, SUITE 1003 TELEPHONE: 716 -847 -2923 BUFFALO, NEW YORK 1 4202 FACSIMILE 716w -847 -2 924 MITCHELL M. STENGER, PARTNER EMAIL: MMSTENGER@KLOSSLAW.COM November 9, 2011 Via Hand Delivery Joseph Golombek, Jr. Chairman of the Legislation Committee of the Common Council 1502 City Hall Buffalo, New York 14202 Y : Article IX; Mobile Food Vehicle Vendors Dear Councilman Golombek: The following letter is in furtherance of my prior correspondence to you, dated October 27, 2011, detailing the provisions of the newly revised proposed Ordinance Amendment for Chapter 316 of the Buffalo City Code, Article IX: Mobile Food Vehicle Vendors, previously submitted on behalf of the Western New York Food Truck Association ( "WNYFTA "). This letter is also submitted in response to the undated letter of the attorney for the "Entrepreneurs for a Better Buffalo" ( "EBB "), and in objection to this group's proposed "Mobile Food Vendors" Ordinance Amendment, which is also undated but was reportedly filed on or about October 31, 2011. The letter and proposed vending ordinance now submitted on behalf of the EBB group is strenuously objected to by the WNYFTA in several respects including, but not limited to, the effort by the EBB to create two new Elmwood and Hertel Avenue "Vending Districts" and, moreover, to substantially restrict the operation of food trucks in these special vending districts solely to city -owned public parking lots. As more fully set forth herein, the EBB proposal constitutes a barely concealed protectionist effort to substantially restrict the operation of food trucks on two of the busier avenues — and their surrounding neighborhoods — within the City of Buffalo. Indeed, in the unlikely event the full Common Council were to adopt the EBB ordinance as proposed, the WNYFTA would need to completely re- evaluate whether its business model for food trucks would, in fact, remain viable for the City as a whole. Moreover, the WNYFTA would necessarily need to challenge such debilitating restrictions in Court as being unconstitutional and in violation of their 14 t11 Amendment rights to economic liberties and equal protection under the law. n, ` r Joseph Golombek, Jr. November 9, 2011 Page 2 However, the WNYFTA remains confident that the Common Council will recognize the EBB proposal for what it is --- a thinly veiled, misguided effort to protect the "Brick and Mortar" businesses of its constituents -- and that the Council will therefore reject the EBB proposals that threaten the viability of the new and growing food truck industry in Buffalo. The specific objections of the WNYFTA to protectionist terms contained in the EBB proposal are more fully set forth herein. Elmwood /Hertel "Special Vending Districts The EBB purports to create "Special Vending Districts" for Elmwood and Hertel Avenues which apparently derive from "Special Zoning Districts" as set forth in the Buffalo City Charter & Code (hereinafter "Code "). For example, §511 -56 of the Code creates a "Special Zoning District" for both sides of Elmwood Avenue between Forest Avenue and Virginia Street. However, in the first instance, the "Special Vending District" set forth in the EBB proposal ( §316 -53) defines this proposed new district as running north -south from Forest Avenue to Virginia Street, but also running cast -west from Delaware Avenue to Richmond Avenue. This proposed district thus contemplates the entire area bounded by Delaware and Richmond Avenues so as to include blocks of neighborhood streets on both sides of Elmwood between Delaware and Richmond Avenue. The all - encompassing breadth of this proposed district is matched only by the extent of the hypocrisy demonstrated by the EBB group; at no time during any of the negotiating sessions, between the representative committees of the EBB and the WNYFTA, were the surrounding neighborhoods of Elmwood or Hertel Avenues ever discussed as being "off limits" to food trucks. Indeed, the disingenuousness of the EBB group is further demonstrated by its current proposal that limits its concerns to Elmwood and Hertel only (whereas the City Code identifies at least eight other "Special Zoning Districts ": Allen; Porter- Busti; Seneca; Kensington- Bailey; South Park; Abbott - McKinley; Clinton; and Lovejoy Streets). Upon information and belief, the predominate members of the amorphous and largely unidentified EBB group are owners of brick and mortar restaurants located on either Elmwood (Elmwood Taco & Sub, Just Pizza) or Hertel (Shadow Lounge, Gramma Mora's) Avenues. The EBB group does not represent a city -wide constituency; rather, their protectionist goals are reflected by the existing business locations of their more vocal members. It must be noted that the "Special Zoning Districts" created by the City Code expressly provide for permitted and restricted uses for buildings and also addresses minimum/maximum lot sizes of properties in these ten "Special Zoning Districts ". However, they in no way address or contemplate a mobile business, operating on public streets, such as a food truck. Indeed, this is the precise reason why the Buffalo Common Council, as well as the local governments of municipalities across the nation, have struggled with crafting appropriate legislation to address c Joseph Golombek, Jr. November 9, 2011 Page 3 the mobile business model. However, it remains clear that zoning statutes are inappropriate to govern the new industry of mobile food vendors. Similarly, the effort by the EBB to draw a comparison between the ten city -wide Special Zoning Districts, and the Special Downtown District, fails to withstand additional scrutiny. The ten Special Zoning Districts created by the City Code do not provide for a separate governing body (beyond a mere advisory group i.e., the Elmwood Village and Allentown Associations). On the other hand, the City has created a "Special Downtown District" and, moreover, has provided for a special governing board -- i.e., Buffalo Place — to which it has ecdcd and delegated many practical governing powers. The Common Council still retains exclusive governing power over the Special Zoning Districts. Indeed, it is for this exact reason that the WNYFTA acknowledged only the Special Downtown District in its proposal of October 27, 2011 because the Board of Buffalo Place is already empowered by City Code §316 Article VIII to separately govern street vending within this single Special Downtown District. For all these foregoing reasons, the EBB proposal to create "Special Vending Districts" on Elmwood (between Delaware and Richmond) and Hertel Avenues should be given no consideration and should be excluded fiom the City's eventual proposed legislation, as the EBB proposal is µ- on its face --- protectionist and unduly restrictive upon mobile food vendors. Restricting Food Trucks to Public Parking Lots The effort of the EBB in its proposal to restrict any food trucks to operating in the Elmwood /Hertel areas to solely serving within the confines of public parking lots (i.e., presumably "off street" parking lots) is similarly protectionist on its face and clearly of no merit. In the first instance, the number of public parking lots located on or near Hertel or Elmwood (between Delaware and Richmond) Avenues are extremely limited in both size and, especially, number. Moreover, these few - and -far- between public parking lots are, more often than not, located within the WNYFTA proximity restriction of 100' radius. On the other hand, and unfortunately, there are several shuttered buildings, that could easily accommodate a food truck parked curbside in front of these closed businesses, on both the Hertel and Elmwood strips. However, the EBB proposal, as currently written, would effectively preclude nearly all operation of food trucks on Elmwood or Hertel Avenues and their surrounding neighborhoods. Such a provision is completely unacceptable to the WNYFTA and would most certainly not survive a Court challenge, as such a debilitatingly protectionist provision would not likely pass constitutional muster. k Joseph Golombek, Jr. November 9, 2011 Page 4 Mobile Food Veh_iele_Vendor ( "MF'V l It remains important to the WNYFTA that the definition ofMFVV remain, as proposed by the WNYFTA, as the owner of a mobile food vehicle ( "MFV") or the owner's agent. The more restrictive definition proposed by EBB ( "A vendor who is licensed to operate a mobile food vehicle ") is overly restrictive to the extent that the statute could then be construed as requiring the food truck owner to be operating the MFV at all times. This result ignores the reality that food truck vendors employ staff to operate the trucks out on the streets, which also creates decent - paying jobs and opportunities for financial advancement for mostly young and unemployed and /or underemployed workers. Moreover, in order to properly grow their businesses, it is simply not practicable for the business owners to be on the truck at all times when it is in operation, as they are necessarily taking orders for future catering and appointments, ordering ingredients for their respective food products, doing paperwork and paying taxes and payrolls, etc. The issue of employees of food trucks is fully addressed in the WNYFTA proposal §3164 52, "License Required: Application ", which requires the food truck owner to supply driver licenses for each and every operator of a MFV. Moreover, the MFV license should be given to the business, corporation and /or food truck itself --- and not the owner individually — as is the case of a brick and mortar restaurant. It would be unrealistic to expect an owner of a brick and mortar to be present on the premises on all occasions the business is in operation, and the same logic extends to the mobile food truck business. Number of MF VV Licenses Should Not Be Limited The EBB proposal includes in §316.52(B), "Restrictions," authorization to "limit the number of mobile food vehicle vending licenses." This provision is protectionist and restrictive on its face. Moreover, it ignores the reality of a business such as the Pine Hill food trucks, which reportedly number in excess of fifty vehicles in their fleet, already in operation throughout the County of Erie as well as the City of Buffalo. The number of licenses should not be artificially limited during the first year of operation of this new ordinance; rather, the marketplace and competition should be the sole forces affecting the number of licenses granted in the first year. Indeed, why would the City want to be in a position where it could be seen as discouraging the truly entrepreneurial spirit of our new start -up food truck vendors? An artificial low limit of licenses would also create the problem of a secondary market for obtaining MFV licenses, and/or force prospective new licensees to operate solely beyond the City limits, thus driving business and revenues to the surrounding suburbs. Joseph Golombek, Jr. November 9, 2011 Page S Moreover, as reflected in the testimony and anticipated letter memorandum to the Common Council by Christina Walsh, of the Institute for Justice, many municipalities throughout the country freely operate without any restriction on the number of licensees; hundreds of food trucks are allowed to roam, with the only restriction on their numbers being the free market itself. In any event, as the new ordinance will contain a "Sunset Clause" of up to one year, it would be premature to artificially limit the number of food trucks at this early juncture; the issue can always be revisited following the expiration of the Sunset provision. The 100' Radius Proximi it€strietion Should Nni Re Extended The EBB draft ordinance proposes the 100' proximity restriction be measured from the brick and mortar property line "in order to avoid confusion." This proposal would obviously only create more confusion; indeed, it is more likely that even the brick and mortar owners may not know where their property lines begin and end, and it certainly should not be the burden of the MFV to guess where this demarcation exists. Rather, every business has a main entrance, and this is the logical starting point for a MFV to measure the 100' distance with his or her required "measuring wheel ". To hold otherwise would simply serve the goal of the EBB group to extend the distance of the proximity restriction to beyond 100'. As stated in our correspondence of October 27, 2011, the WNYFTA arrived at this 100' radius restriction as a substantial concession to the brick and mortar group; moreover, the WNYFTA cannot -- and will not -- support any proximity restriction beyond the 100' radius. Indeed, upon information and belief, a 100' proximity restriction was successfully challenged in court in the City of Palm Springs, CA, where the California Appellate Court declared that such a 100' proximity restriction was unconstitutional and a "naked restraint of trade." The only reason the WNYFTA has agreed to the 100' radius restriction is out of deference and as a concession to the EBB group, as expressed during the negotiation phase, and in an effort to expedite some sort of workable legislation that can be passed by the Common Council (hopefully before the snow begins to fly in Buffalo), Any further distance restriction contained in any proposed ordinance cannot be countenanced by the WNYFTA. No Proximity Restriction as Between Food Vendors The EBB proposal also includes a provision within its numerous "Restrictions" (§316 - 52(L)(4)) that prevents a MFV from operating within 100' of "a stationary food vendor licensed by the City." "Stationary Food Vendor" is not defined within the EBB proposal, but presumably refers to other mobile -- but not motorized. — food vendors, such as trailers, hot dog carts and the like (indeed, Just Pizza owns and operates a pizza food trailer that is moved by attaching a pick- up truck to the trailer by way of a hitch). s Joseph Golombek, Jr. November 9, 2011 Page 6 This clause is objectionable as it is clearly protectionist and is designed to effectively and artificially decrease competition among food vendors. The provision is unnecessary, has no stated health or safety benefit (as required), and should therefore be eliminated from any final proposal. Alternatively, the proximity distance of 100' should be drastically reduced (i.e., to a maximum restriction of 25). Proximity restriction to Schools Similar to proximity restrictions as between food vendors, such a provision regarding schools was also never raised during negotiations between the EBB and the WNYFTA groups, and is likewise overly broad and without adequate basis in health or safety rationale. It is respectfully submitted that a 100' proximity restriction from school zones (and not the school building itself) would be a more reasoned proximity restriction in this regard. Suspension/Revocation Periods are Excessive The EBB proposal (§ §316 -57 and 58) provides for a sixty -day period for an administrative hearing to be held following an immediate closure. This period is far too excessive, as any food truck could remain closed for beyond two months (while waiting for an ensuing decision), pursuant to a potentially arbitrary and/or capricious decision of the Department of Permits and Inspection. Services and /or the Buffalo Police Department, without the benefit of any access to due process to challenge such a closure. This is unconscionable, as any food truck that is closed for over two months will, most likely, be forced to go out of business without first having an opportunity for an administrative hearing. The WNYFTA proposal for a ten-day period between closure and a hearing is much more realistic and, moreover, serves as a deterrent to any arbitrary closure by any enforcement agency. Finally, the EBB proposal that violators of the ordinance who have their license revoked and are unable to reapply for a new license for "at least two years" is likewise excessive. The WNYFTA recommends that any license revocation, following the due process of an administrative hearing, should be the greater of a six -month period or the period of time remaining upon said license (i.e., up to one year). Conclusion As stated in our prior correspondence to you of October 27, 2011, the WNYFTA maintains that the proposal we submitted to the Legislative Committee represents compromise legislation, reflecting a good -faith bargaining process as between members of the EBB and WNYFTA groups, and further incorporates the recommendations of several City officials Joseph Golombek, Jr. November 9, 2011 Page 7 (including members of the Common Council and their staff, the Departments of Permits and Inspection Services, and the City Corporation Counsel). On the other hand, the I P -hour proposal by the EBB group is primarily comprised of new proposals, never discussed or fully vetted during the negotiation phase over the past several weeks, and evidences the unwillingness of the EBB group to negotiate; rather, the EBB group prefers to dictate protectionist provisions that restrict fair market competition and merely serve to protect the brick and mortar businesses of the more vocal participants of the still - unnamed members of the EBB. In this respect, the WNYFTA respectfully urges this Legislative Committee — and the Common Council as a whole — to categorically reject the protectionist and overly restrictive tees of the EBB proposal, and instead draft a proposal on behalf of the City that incorporates the recommendations and reasonable restrictions proposed by the WNYFTA, which is similarly in content to the first proposed ordinance prepared by the City, dating back to August of 2011, that was considered, but then tabled without a vote, by the Common Council, The WNYFTA looks forward to being apprised of the terms of any proposed legislation prepared by or on behalf of the City of Buffalo and, moreover, looks forward to a vote by the Common Council on such a proposal in the very near future. As all parties with a vested interest in this issue and its legislation appear to agree to a "Sunset" provision of one full year, it is respectfully submitted that the proposal to be voted upon by the fiill Council therefore contain the minimum number of restrictions possible as the statute will be revisited in a year; indeed, common sense dictates that the relatively new food truck industry be given every opportunity to gain a foothold in Buffalo and, moreover to flourish throughout the City of Good Neighbors. MMS /kq cc: Michael H. Kooshoian, Esq. (via facsimile: 855 -3437) 0003 ' of J�(1 INSTITUTE FOR- JUSTICE November 9, 2011 Common Council City of Buffalo 65 Niagara Square Buffalo, NY 14202 Dear Council Members, Thank you for the opportunity to speak before your Legislation Committee on October 25. The Institute for Justice' encourages you to enact sensible legislation that will protect the public's health and safety while respecting food truck owners' right to earn an honest living, free from arbitrary and protectionist regulation. The Common Council should reject the proposal put forth by Entrepreneurs for a Better Buffalo (EBB). Although the proposal of the Western New York Food Truck Association (WNY>l <TA) reflects an attempt to compromise, EB13- -which refused to be an active and reasonable participant in negotiations --has presented a proposal that would seriously threaten the viability of food trucks in Buffalo. The members of WNYFTA took it upon themselves to make concessions that, while harmful to their operation, they are willing to make in order for legislation to pass — namely, the 100 -foot proximity regulation. WNYFTA's proposal is a compromise bill. It is the Institute's opinion that the proposal's 100 -foot proximity regulation is protectionist, inappropriate and should be excluded from any legislation you pass, but we understand why the NVNYFTA agreed to it: They want nothing more than to get out of council chambers and get onto the road as soon as possible. Below I have provided additional information I Dope you will find helpful as you consider your options moving forward. I think you will find the discussion on. food truck regulations in other cities, starting on page 3, most valuable. Street vending is —and always has been ---a part of the American economy and a fixture of urban life. Vending provides opportunities for self-sufficiency and upward mobility, and it also enriches the communities where vendors work. Recently, there has been a major expansion of ` The Institute for Justice is a public interest law firni dedicated to vindicating the 14th Amendment's right to economic liberty. Passed in response to the ongoing suppression of the rights of freedmen and their white supporters ---- especially the right to economic liberty —by the South in the wake of the Civil War, the loth Amendment today protects the rights of Buffalo's food trucks to operate. As a part of our efforts, we recently launched our National Street Vending Initiative with challenges to unconstitutional vending; laws in El Paso, Atlanta, and Hialeah, Florida. AR1,INQTON — AUSTIN CHICAG0 hi IN' NEAP0LIS St ATTLf; TEM P E 901 N. Glebe Road, Suite 900 Arlington, VA 22203 (703) 682- t, (703) 682 -3321 ]wax t A e -mail: generalaij.org Home page: www.ij.org jl_ street vending --- especially food trucks —and cities are scrambling to figure out how to regulate them. The food truck craze has now come to the streets of Buffalo, an exciting development that should be embraced by the Common Council as it has been by the public. Buffalo has are opportunity to lead other cities nationwide who are writing their food truck laws by passing a law that fosters the growth of these new, hard - working entrepreneurs who are eager to sell their delicious food to Buffalonians and become a part of the local culinary scene. In 2007, street vending businesses nationwide brought in revenues exceeding $40 billion, and while new food trucks are emerging on streets every day nationwide and earning serious media attention, they are under assault by established brick - and - mortar businesses afraid of competition. In our study of the top 50 largest U.S. cities, all but five have at least one type of arbitrary, complicated and/or protectionist regulation. It is not an appropriate use of government power to protect one group of business owners from the competition of another. Municipalities should narrowly tailor their regulations to address legitimate public health and safety concerns, and reject proximity bans and restricted zones based on the locations of existing businesses, which are unconstitutional. Indeed, "[c]ourts have repeatedly recognized that protecting a discrete interest group from economic competition is not a legitimate governmental purpose. " Protectionism Makes Bad Policy Protectionism is not just unconstitutional; it is also bad business. While protectionist restrictions are present in most major American cities, they are mostly absent in those cities that have thriving food truck scenes. Buffalo should not take its lead frorn cities that employ protectionist and burdensome tactics to stifle economic growth and discourage food truck owners. The ubiquity of proximity restrictions and restricted zones elsewhere does not make them effective, warranted, or right. In fact, the cities with the most successful food truck scenes have minimal or no restrictions that stem from efforts to protect established businesses from competition, as you will see below. Buffalo should look at cities that regulate with common sense legislation that addresses public health and safety concerns, instead of molding its efforts to mirror those of cities with failing laws that stifle food trucks. Buffalo should reject protectionist appeals to protect brick - and - mortar restaurants from competition and set an example for the rest of the country. Indeed, the lesson to be learned from cities with laws like those proposed by EBB is this. Do not pass laws like those proposed by EBB. 2 Streets of Dreams: How Cities Can Create Economic 4pportzrnity by Knocking Donn Protectionist Barriers to Street Vending is available at http , /Iwww.ii.org,/�abotiti3939 3 Craigrndes v. Giles, 312 F.3d 220, 224 (6th Cie. 2002). a Only 20 of the top 50 largest U.S. cities have any sort of "proximity ban." Wanwhile, 34 of the top 50 have "restricted zones" —areas in which street vending; is prohibited. Nineteen of the 30 cities that don't have proximity zones do have restricted areas. Fifteen of the top 50 largest cities employ both restricted zones and proximity restrictions, like the combination proposed by EBB. 2 Protecting the Puhlic's Health and Safety No city's food truck rcgulations are perfect, but we present the cities whose approach to vending appears to be least based on protectionism and based more on protecting the public's health and safety. Los Angeles No food truck scene in the country rivals Los Angeles. According to Alice Slain of the famous Kogi truck (which is thought by many to have kicked off the nationwide food truck craze), the success of Los Angeles food trucks can be attributed in large part to the lack of regulation. "There aren't a lot of laws pertaining specifically to food trucks, so there's a lot more freedom here than in, say, New York or an impossible city [like] Chicago. " In September 2010, L.A. County had 6,00.0 food trucks, according to the Los Angeles County Health Department, As of October 2011, there were 16,000. Los Angeles food trucks have sparked the creativity of chefs and entrepreneurs nationwide. According to Los Angeles Municipal Code § 42,00(b), the street sale of any good is prohibited ---- -- sidewalk carts are banned, but food trucks on city streets are permitted. "Catering trucks" are defined by §80.73 as: any motorized vehicle designed primarily for dispensing victuals. For purposcs herein, the term "catering truck" shall include any trailer designed primarily for dispensing victuals but only if attached to a motor vehicle at all times during which victuals are being dispensed. "Catering truck" shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing victuals. . "The dispensing of victuals" is allowed on any street unless from a trailer, wagon or pushcart not included in the above definition (unless authorized under §42.00, i.e., ice cream trucks). Food trucks are permitted on any street except: Within 100 feet of the nearest part of any intersection; within 200 feet of parks listed in the statute, or the roadway of any freeway on -ramp or off -ramp; ® within 500 feet of the nearest property line of any school. Food trucks must also obey traffic laws. Their positioning cannot force customers to stand between the food truck and the center of the street. Food trucks must supply a trash can and dispose of any trash generated; they have to Have an alarm that automatically activates when the truck backs up; and, of course, must have appropriate licenses and permits. Violations of these provisions carry a $100 fee for the first tinge $200 for the second, and $250 for each subsequent violation, within one year. http_/` eatqcraey.gnn.cntr:!?01 /09 /13 /1a -food- trades- are in - it- for- the- Io -h p,-Mid A California court held that a proximity ban in Los Angeles was unconstitutional, calling it a "naked restraint of trade." In People v. Ala Carte Catering Co., a food truck owner challenged his violation of a law that prohibited vending within 100 feet of a brick-and-mortar establishment. The city argued that traffic concerns motivated the ordinance. The courts rejected the city's argument, stating, Like the trial court, we conclude that section 110.73(b)2A(2)(bb) is a "rather naked restraint of trade," and determine that it is "... arbitrarily made for the mere purpose of classification, ... [and not] lased upon [a]. distinction, natural, intrinsic or constitutional, which suggests a reason for, and justifies, the particular legislation." (Carlin v. City of Palm Springs, supra, at p. 712) Austin Like Los Angeles, Austin has a nationally renowned food truck scene with over 1,000 trucks. Food truck operators must abide by clear and simple public health and safety regulations that protect the customer —not existing businesses from competition. According to 'Title 10, Chapter 10 -3, Article 4 of the Austin City Code, food truck operators must obtain a permit from the health authority. food establishments may not sell non -food items and may only sell food described in the permit. Sanitary regulations include common sense requirements like having trash receptacles and trash disposal. Food trucks can only provide single service articles for use by the consumer, and must comply with regulations the health authority adopts regarding time, temperature, plumbing, operation, maintenance, provisions, a mandatory central preparation facility, serving area and operations. Food trucks must be readily mobile. If a food truck is parking at one location for more than two hours, they must obtain a written agreement from a business within 150 feet to allow employees of the food truck access to flushable restrooms. The law requires an annual health inspection and that all food and supplies be stored within the food truck. With regards to the use of public property, Chapter 10 -3 -95 says: (A) If a person operates a mobile food establishment on public property, the person may not place food or supplies on the ground or on tables, chairs, or shelves that are not part of the mobile vending establishment. (B) A person who operates a mobile food establishment may not go into a City park to sell, offer for sale, or display a food item, unless the person's activity is authorized by; (1) a park property rental agreement; or (2) written permission of the director of the Parks and Recreation Department. Milwaukee Milwaukee's flexibility concerning mobile street vendors has led to a vibrant new street food scene. The city even produces a "how -to" manual to help food trucks get started. The law G People v. Ala Carle Catet•ing Co., 98 Cal. App. 3d Supp. 1, 9 (Cal. App. Dep't Super. Ct. 1979), 7 http://" rww.€ nilwauk ee. goviImageLibraty/ G3 okipsl hcaltl iAijthors /Cl7RtPDFs /2006_webpushearts popcompff. 4 requires food trucks to follow the Wisconsin Food Code. A food peddler license and occupancy permit must be obtained, which amounts to around $700. All mobile -food establishments must have mobile - service bases (unless the vehicle itself contains basic facilities). These service bases must be equipped with food preparation areas, utensil washing facilities, a prop sink for disposing wastewater, and a sink with threaded tap for supplying potable water. According to Chapters 74 -1, 105 and 115 -45 of the Milwaukee Code of Ordinances (excerpted from the city's guide for operators of mobile food establishrents): 1. Vehicles licensed for food peddling must obey all traffic laws and regulations. 2. Vehicles licensed for food peddling must not block public ways. 3. You may not park or sell within 300 feet of a school entrance while the school is open to students. 4. You may not stop for more than two hours in any residential block and such stops must be separated by a six -hour period. You must be in compliance with posted time limits on parking. 5. Vehicles on the public streets in a commercial area shall comply with all posted time limits on parldng and with all other applicable parking regulations. The only problematic proximity restriction in the code involves areas surrounding important local attractions, but they appear to be small in scope: 6. Food, merchandise or any other article may not be sold or offered for sale on any public street or sidewalk within 500 feet of the: • Wisconsin Center District/Midwest airlines Convention Center • Summerfest Grounds • Milwaukee Public Museurn • Bradley Center Marcus Center for the Performing Arts Circus Grounds (as may be specified annually on the day of the Circus Parade and the 3 days prior to the parade) * Miller Park parking facilities (for two hours immediately before the start of any scheduled event, and ending one hour immediately after the event) Washington, D.C. The nation's capital has at least 83 food trucks and a thriving scene that is warmly welcomed and celebrated by Washingtonians. Food trucks must comply with the same health department inspections as traditional restaurants. Like brick and mortar restaurants, food trucks are regularly inspected by the Department of Health, Food trucks must maintain a second brick -and- mortar commercial kitchen in addition to the kitchen in their trucks that rneets Department of Health requirements where they can store and prepare food. Food truck owners must pass a food manager certification test in order to be approved for a District vending license. Regulations beyond public health and safety arc a mess. Food trucks are essentially operating in a legal limbo, because they technically do not fit into any existing regulations; but because of lack of clarity and lack of enforcement of existing rules (there is a stop -and -wait restriction that the district does not regularly enforce), food trucks are able to operate and thrive. The trucks have succeeded despite the city, and have organized in preparation for efforts by brick - and- mortar restaurants to halt their success. El Paso In response to the Institute for Justice's lawsuit, El .Paso repealed its 1 -foot proximity restriction and its stop - and -wait prohibition. As the director of El Paso's Department of Public Health explained, "[T]hcre was no health reason that we could find that would preclude [parking next to a food establishment]." Now, vendors are simply required to meet basic public health and safety regulations. Although there is a prohibition on vending in the relatively small downtown area without special permission, that may be legitimately addressing traffic and congestion issues, especially with heavy traffic corning in from Juarez, Protecting Established Businesses ftofn Competition On the other band, cities with proximity restrictions, restricted zones and other burdensome regulations chase away food trucks to more welcoming environments, make profitable vending nearly impossible, and even put many entrepreneurs out of business altogether. Chicago Chicago is notorious nationwide for its draconian food truck laws. In addition to prohibiting the preparation of food on a truck, the laws do not allow food trucks to stop within 200 feet of a restaurant. Furthermore, food trucks must stay clear of an ever-growing number of restricted zones that take up eightfull pages of city code. This full -scale assault on the food truck industry has made it virtually impossible for food trucks to open or operate --and has made those who dare to take to the streets outlaws. News reports indicate that food truck vendors are leaving Chicago for good because surrounding suburbs have more forgiving laws. The Institute for Justice recently launched the M Streets! My Eats! campaign to reform the law to allow food trucks to operate freely in Chicago. Appropriate legislation would allow food preparation on mobile food vehicles, contain basic health and safety requirements, remove proximity restrictions, reduce fees for the review of a standardized vehicle, and allow breakfast service before 10 a.m. Raleigh Raleigh has both restricted zones and a proximity ban. Until recently, food trucks were almost entirely prohibited except for special events, killing a potentially popular and lucrative food truck scene. One food truck owner with which the Institute for Justice worked held off on launching his enterprise for a year as legislation was considered by City Council that would allow s http : / /www.ij.org/economicliberty /3648, 9 "Food truck owners lobby for change to Chicago legislation," The Daily Northwestern, Oct. 12, 2011: ht tp; / /www.dailynorthwestern.com/ city /food - truck- o " lobby- far - change- to -eii icago- legislation - 1,2651592. 1° http:(/ij.org'about /3800. 6 0 him to operate. Only one or two trucks operated within Raleigh. Most traveled to Durham or. Carrboro, where rules are more relaxed. A new law was adopted in September that offers a bit of clarification about where food trucks may operate. "Where will the trucks be allowed under the ordinance? It's easier to say where they won't be allowed," reported the Independent Weekly of Durham. 11 They are prohibited in residential zones, in most office zones, within 100 feet of any restaurant's front door or outdoor dining area, and in any vacant lots. They are permitted in parking lots that are part of a shopping center, a neighborhood- business district, a thoroughfare - business district, or an industrial- business district, as long as the owner wants them there. They are prohibited from parking on public streets. City Council will revisit the law early next year to see how it is doing. Undoubtedly they will find that food trucks continue to avoid Raleigh in favor of surrounding cities with clearer laws that only address the, public's health and safety. Meanwhile, Durham and Carrboro will continue to lure food truck entrepreneurs away from Raleigh. San Francisco In December 2010, San Francisco revised its burdensome vending regulations, centralizing much of the permitting process but making it far more lengthy and prone to protectionist interests. Before the revisions, food trucks had to pay approximately $9,300 for a new mobile catering permit, which provided for the opportunity to apply for five vending locations. If no location was approved, the permit fees were not refunded. Approvable locations had to be at least two blocks or 300 feet from brick -and- mortar businesses and other food Mucks. The new ordinance created Article 5.9 of the Public Works Code, the new governing code for street vendors. A food truck that plans to follow a route must apply for each of the locations along its route; there is a seven location limit. Confusion surrounds whether each location requires a separate permit, and how that limit will apply to someone who wants to operate several trucks with different routes. If the food truck wants to operate between 6 a.m, and S p.m., it has to notify all businesses within a 300 -foot radius of the requested location (between S p.m. and 3 a.m., all businesses that are open during those times must also be notified). Anyone who cares to may protest in writing, which triggers a public hearing. This puts the future of the food truck in the hands of his competition before he even opens for business. The new code has not been beneficial to vendors and continues to artificially suppress a street food culture with boundless potential. The city initially stated that applicants who applied for the permit in March would be able to hit the streets in May or June. As of May, none of the 70 vendors who applied for the new permit had yet to finish the process. 11 "Food trucks OK'd in Raleigh -- with lots of restrictions," Independent Weekly, Sept. 6, 201 1. Charlotte In the fall of 2008, the city approved an ordinance that put the majority of food trucks out of business or caused them to move to other cities. Vending is now prohibited in the city's business district, coliseum district and stadium district. These large, potentially lucrative prohibited Zones make successful vending nearly impossible and have put otherwise employed, hard - working entrepreneurs out of business. Food trucks are also prohibited within 400 feet of residential areas, must close by 9 p.m., and may only be at a specific location for 90 days. Three years ago, there were approximately 50 food trucks; today, there are approximately seven. This decline is a direct result of the revised law. The city is currently reexamining; the law at the urging of food trucks, and the Institute for Justice is providing assistance. Sacramento A complicated and confusing patchwork of regulations denies food trucks the ability to serve eager customers. The city's heavily populated downtown is essentially off limits. Elsewhere, food trucks can serve from public streets, but only if they are 400 feet from another vendor and more than 100 feet from any stoplight or stop sign. They cannot remain in one spot for more than 30 minutes, and cannot operate from a standalone parking lot. Food trucks are only permitted to operate on private property in a few commercial, industrial and hospital zones. Food trucks are not allowed to operate after dusk, eliminating their ability to serve customers after business boars in locations with few restaurant options, or to serve at night at potentially lucrative locations .near coffee shops or clubs. Protectionism vs. Innovation It is no coincidence that cities with laws that are not based on protectionist intent enjoy thriving food truck scenes while cities who put protectionism before entrepreneurship do not. Especially in these hard economic tines, Buffalo should be fostering entrepreneurship and honest enterprise —not regulating it out of business. Buffalo should join the ranks of innovators who have embraced food trucks, not those cities who would rather protect the status quo from competition by rejecting new, creative and popular additions to their local economies. Benefits of Food Trucks Vendors represent one of the most diverse groups of entrepreneurs in America. Due to the low start -up costs required to start vending, people from all walks of life find vending to be an achievable paeans to earn a living. Students struggling to find a job to cover their loans, laid -off workers needing to find a new career, retired couples needing supplemental income, and immigrants with little capital to invest, have all successfully created jobs for themselves as mobile vendors. Take Fernando Paz, for example. Fernando lost his job as a mortgage broker when the housing market crashed, but created a new . job for himself as a vendor selling tacos and burritos from a truck in Seattle. Maria Robledo is another example. She immigrated to the United States at age twenty -two, and created a better life for herself by starting a vending business in El Paso. Yvonne Casteneda is also a food truck owner in El Paso, serving delicious, low -cost burritos that support her and her husband, who was put out of work by a back injury, and their daughter. Yet, vendors do not just create jobs for themselves, Many entrepreneurs have used vending as a successful launching pad for larger busincsses that create jobs for many others. View Beef, a company with revenues in excess of $100 million, began as a little food cart, selling hot dogs and sausages on the street. District Taco in Arlington, Virginia, was once a single cart that now includes two carts and a brick - and - mortar restaurant. The Las Angeles Times recently reported how a food truck provides entry -level opportunity, allowing entrepreneurs to test ideas and accumulate capital needed to realize their next opportunity, a brick -and- mortar restaurant. 12 Vendors bring a great diversity of food options to communities lacking grocery stores or any nutritious options at affordable prices. These "food deserts" occur most frequently in lower - income, minority neighborhoods. Food trucks are part of the solution —fro n falafel to tacos, vendors are enriching America's palette for variety, while providing affordable, nutritious options to underserved neighborhoods. Vendors also contribute to the safety of the streets on which they vend. Besides serving as watchful eyes themselves, they create commercial activity, drawing people onto the street, thereby deterring crime and injecting communities with vitality. These little centers of commerce also encourage others to become entrepreneurs and start small businesses, contributing even more to the vibrancy of the neighborhood. Food trucks teaming up with local communities and schools can enrich neighborhoods in surprising and unique ways. In October, Phoenix held its first -ever Food Truck Festival, featuring 30 food trucks and several local bands. A joint effort between the Phoenix Street Food Coalition and the Roosevelt Row Community Development Corporation, the festival is a part of Roosevelt Row's Adaptive Reuse of Temporary Space program, which utilizes the city's many vacant lots through different. initiatives. In Southern California, food trucks are teaming up with cash - strapped public schools to hold school fundraisers, in which a portion of the proceeds from the outdoor food courts go directly to the schools to help pay for things like new multi -media centers, uniforms, and college scholarships. According to the Los Angeles Times, On a recent Saturday, 22 food trucks circled the football field under high - voltage floodlights as music blared in the speakers that normally carry the voices of sports announcers. More than 1,000 residents, students and food truck followers sat on the field on blankets, in lawn chairs and around folded dinner tables. Fullerton hosts events like this every six weeks. Instead of charging the food trucks a set fee, the school asks the owners to donate what they want. The school receives about $100 to $150 per truck. So far Fullerton has held four fundraisers and raised $13,000 --more than half the cost of uniforms for the varsity football team. 12 "Food trLicks as a vehicle to sit -down restaurant sUccess," Los Angeles Dines, Oct. 6, 2011. 9 Anti - competitive vending regulations only serve to inhibit the benefits food trucks create for a community. The institute for Justice hopes you will thoughtfully consider the above information and adopt legislation that limits itself to protecting the public's health and safety. It is not your job to protect brick and- mortar restaurants or hot dag vendors from competitiom it is your job to ensure that all Buffalonians are free to earn an honest living, free from burdensome, protectionist laws like those proposed by entrepreneurs for a better But alo. Please do not hesitate to contact me at (703) 682 --9320 or pValshOz`.ot or if you have any questions or l can provide further information. Thank you. Christina Walsh Director of Activism and Coalitions REFERRED TO THE COMMITTEE ON LEGISLATION. l0 PETITIONS November 15, 2011 P. Fadale, Agent, Use 703 E. Delavan for an Illuminated Ground Sign (no pub hrg)(Mas) t ��v Da NAMM OF EN wNER ADDRESS PRO�CT 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. Cit of Boffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 i (716)851 -4949 Fax (716)851 - 5472` Report date 11/14/2011 10:27 AM Submitted By FLD Page 1 A/P # 174074 Date / Time BY Date Time BY Processed 11114/201110:26 DIGEF Temp.COO Issued.. COO Final Expires . Type :of Work #Plans 0 Declared Valuation 25000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 priority Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name `* PLANS !COMMON COUNCIL APPROVAL REQUIRED 387 -19 TO ERECT AN LED ILLUMINATED GROUND SIGN ON PRIVATE PROPERTY IN FRONT OF "MT.OLIVE BAPTIST CHURCH. AKA 701 EAST DELAVAN. SURVEY SCNNED. ParentA/P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 703 DELAVAN EAST BUFFALO NY 14215- Location Contact ID AC1242002 Name CHURCH MOUNT OLIVE BAPTIST Mailing Address Organization city 703 EAST DELAVAN AVE StatelProvince BUFFALO NY ZIP/PC 14215 Country ❑ . Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC44568 Name CHURCH MOUNT OLIVE BAPTIST Mailing Address 629 EAST DELAVAN AVENUE Organization City BUFFALO StatelProvince NY ZIPlPC 14211 Country USA ❑ Foreign Day Phone (796)695 -7494 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2612000 To 05/06/2007 Contact ID AC229436 Name MT. OLIVE BAPTIST CHURCH Mailing Address 703 E DELAVAN AVE Organization City BUFFALO StatelProvince NY ZIP /PC 14215 Country. USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/16/1988 To No Addresses are linked to this Application No Addresses are linked to this Application City of Buffalo SIGNS Building Applicatidn 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 19/14/2091 10:27 AM Submitted By FLD Page 2 Ot307t300005009100 i li f'i a No Parcels are linked to this Application No Applicant Contacts 944668 SBU AC8882 PAULA. STRADA Check Fees Check Inspections Check Reviews 567127 PLAN REV - REVIEW REQUIRED Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases . Fees Successful Inspections Successful Reviews Failed Incomplete . Conditions Successful Alert Conditions Successful Not Checked Children Successful 0 Total Unpaid 0.00 There are no Inspections for this Report 557127. PLAN REV 0 N 111141201110:26 Total Paid 0.00 Detail 1. PRIOR REQUIRED APPROVALS ModihedBy DIGEF Modified Datelfime 11/14/2011 10:26 Comments No Comments s City of Mato 65.Niagara Square Buffalo, NY 14202 (716)851 -4849 Fax {716)851 -5472 Report Date 11/14/2011 10:27 AM SIGNS Building Application Submitted By FL D Page 3 PRIOR APPROVALS. . 8fTo Arts Commission ❑ Arts Comm. Approval City Survey (can't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑Asbestos Abatement Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Offrce/A is R4 p ❑ First Insu €ances Check ❑Public Works approval ❑ Curb Cuts or R2 ❑Beauty Parlor Notarized Permission! for portable sign one year ❑ Encroachment ❑ CanopylMa €ques ROW Lease showing Use ❑ RodenUVermin Bait encroachment ❑ Oversize Trucking ® Freestanding Sign ❑ SewerlWater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑Simple Demolition ❑Telecommunication C3 Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Restricted Use Permit ❑ Zonin lU g se Check C) Tree over 4" at 4' City Planning ❑ Other ❑ Thruway Sign approval ❑ Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.O.R.A. ❑ Preservation District C1 N.E.P.A. ❑ Contiguous Check city survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Plans Review Required Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review 0 Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ® Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ® Fin: Code Review No Conditions There is no planning condition for this project. Revisions Required ❑ Revisions Required for Simple Plans Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mull. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAClMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau No Records for This Search Criteria City of Buffalo SIGNS Building Application"' 65 Niagara Square Buffalo, NY 14202 {716 }851 -4949 Fox (716)851 -5472 Report Date 11/14/2011 10:27 AM Submitted By FLD Page 4 Construction Detail (3Y 95C1H6 and (1) 48L5H4 LemAs Spoced 10' OC Alurnh'lum docaraiSvo top IrrtprnaNy N4n'tnated Nppar �abinet Cduble Sided Tramsiumeft digmay Printed logo - Vpfled on tr=iucemt placdc locos ftlawd demean a W*� - AIt4r+IRtrm false panafs - 2' Steel angle and mwriling bmckft ...`.. LED dsptays, art, single sided ---- -- pot 51do, back to back Installed v= twb (2) ItOnyonlal 114' x 2' x 2' Weal angle SW44 weWOd btdwt!cn smaf po3aa AIurrAnunrlplorpmmeh, .».�.. wBh Mack *V address Vomlpd boboml New atruclurei poles B' x B' .35' w.All fdpi Wtad by ddaad line omeafed by efurelrym "a cw Aluminum pole co E dge al lush e Imror edge of poloW t oncra%foothgs pralnwng abed* grade, Pmkrtnd aimCk Grade _ Electriml moolul: try NAS Prai.4 bypots s and LOWiNO A'S CdVCa3Y®! pates vft rnetallic clamps Two (2) 60". 30' duo, mmboderem 35M PSI conerate foomngn ThR EC shall nsura thosteoi doWma.11 be oleMWy on:dlnuoato the robar to provide odequme go xid6ng. Grounding of sign chat corsoywtEn nracie 2M I NFPA 7%300$, fnefud" 11 naedod a maparate graamd Wan bamdad between Ma sign af°nF and tho Mumdatfon rbbar Face View 1B" POLE COVER 104' UPPER CASInt„T 1B' POLE COVER 10' v 48' ^ f9 99 Es r. r. L '�V 24' D.E- €04'LED OMPLAY 104'8ETWEEN POLE COVERS 1141 el TwEEN POI U 12' E' Iv COMBINATION FLUORESCENT/LED SIGN SPECIFICATIONS SIGN OeSCRIPTION: (1) DfF ILLUMINATED POLE SIGN Wf 08. L.E.D. Message Display FRAME TYPE: C,u;ttxm fabncati d raIuminum OZ.: 48' x 1 D4" xl B' COLOR; Od RETAINER: 1 1!2' LAMPS .S ZE: 96" and 60" COLOR: Oayfght ORIENTATION; hpriz SOCKETS;. Button BALLASTS: (1) 496 PLASTIC FACES TYPE: Fiat MATERIAL: Whits Poly - TH:CKNES5:1/8' - TRIM: LED MESSAGE DISPLAY MODEL: AMERICAN BUILT VANTAGE P20 VIRTUAL 10 CA6WET SIZE;k7'.x "x td4 ^ LtNES/CHARA=ER .HEIGHT. {S) Q 47' PIXEWATRIX; 56 x I ZS PIMM; 20mm CCLOR: R {11 G(1)SO) CONNE=ON: Wireless MOUNTING .. MAIN POLES: 2EA. S' X T X .25' WALL POLE COVERS: 13' x t0' FRUNDA - RON TYPE:Dmcr Ernbedmunt Sve:2.30' x W 3MA* . PMMARY:ELECTR5C (1)20 —p & (2)40 (4) Dlucamnect Sw hab Prlmary PowarTo Sign Loc ition Sy. Customs, SoparM° 04W Cagle & Conn. odtlon Required Gy Cuxtomw Inside,hstiulld.a . th. EC Wiltprovide C8 % for Protmctim of all of the undexgruundclreuifs. Conduits and conducla s vAR be ratad far UG Control clscuim r HI be ",n separata conduilhu Ali.kirtr cwork shall moat iho N FPAA -70 Cods. ALL HYS most mcom S.Nd eio Cedes .W Ao la". d Tom"' s L4j p ;9O PESS1G I M�' TURNER ENGINEERING J ob # 6642 "engineering for buildings' Customer QB i Ill" MT. OLIVE BAPTIST CHURCH nC 38 Greenbrier Road, Buffalo IVY 14226 Job Site: 701 E. oELEVAN BUFFALO MY 14215 1 turnerengineerinq@att.net 716) 839 ^40e Charles Turner, P.E. Side View i 301 S9( . y � �q�.�. © AYIE ^ NU * .FONTANA % . . .£ § > . . � ■ : . GOLOAM ` \ a S a & £O TO & ■ A . . PRIDGEN ®&. . �• . � . . .. � % RIV ERA ��. # ■ & 'RU® a SNUM ® - -- © - . ., § ■ \ a a . 2A - § 34. fa a �q�.�. 0039 J. Dudziak & Others, Concerns Condition of James St Item available for review in The city Clerk's Office REFERRED TO THE COMMITTEE ON COMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS ���.s ��' / A- a t e 0 ier"" I N d., "-� �- k L � � 3 � ON d J r q cc JI, U e� J r q cc JI, �? - v �'4 �. 1 •� �� r �' �, i � - l p 00 Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled- A 1. Clintonia Davis $150,000.00 A 2. Wallace and Greta Kosinski $49,950.00 A 3. Laurel Kota $49,000.00 M 1-` That checks be drawn on the account of Org 17221 008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman rmv TAWP60VMSWORDVO4VU I- ►5CLMCOMM,DOC I� � j -5 213- 6 3 14- 7 RUSSEIL Personal Injury That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled. A 4. Diane Meslinsky $ 5,000.00 Po- j That the ks on the account of Org 17221008 (480205' Prior Years, o Current i and their attorneys, if an e ivete o em exe and delivery to ion Counsel Recommended by the Committee on Claims Chairman rxnv T vrnIl- 1sCLMCOMM.DOC Pers 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 5. Jaime $wygert 6. Jacqueline Thomas p /n/g Tanisha and Jack Thomas 7. Joanne Williamson 8. Jennifer Wozniak $ 12,000.00 $24,000.00 $28,000.00 $175,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiff's and their attorneys, if any, herein above reamed, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed Recommended by the Committee on Claims Chairman rmv T:iWP60\MS WORDIRMVII I.1 SCLMCOMM.DOC i� 213 6 X14 - 7 R s 4 000 S 2 Property Damage That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B 1. Dan Connors, 124 Coolidge Road, 14220 This is a claim for reimbursement for tree damage to a 2004 Mercury Sable. $1,657.57 B 2. Corlee Giboo,1308 Folsomdale Road, Cowlesville, NY 14037 This is a claim for reimbursement for damage to two tires at 504 McKinley Parkway. $755.38 B 3. Robert Hussar, 9 Tennessee Streets 14204 This is a claim for damage to prescription sunglasses of a City employee while he was in the performance of his duties. $449.98 B 4. Robert McHenry, 1323 West Avenue, 14213 This is a claim for damage to a work coat of a City employee while he was in the performance of his duties. $89.99 B 5. Maria Miller, 122 Covington Road, 14216 This is a claim for damages to a tire on July 7, 2011 on Covington Road. $32.63 B 6. National Fuel, 6363 Main Street, Williamsville, NY 14221 This is a claim for damages sustained when City crews struck a gas line on a City owned lot located at 225 Normal Avenue. $166.74 B 7. Scott Nykiel, 75 Sudbury Lane, Williamsville, NY 14221 This is a claim for reimbursement for a parking ticket written in error. 3 B 8. Alicia Quinn, 262 Crosby Blvd., Amherst, NY 14226 $65.00 This is a claim for repair of a fence at 115 Clarence that was damaged by City Crews working on an adjacent property. $150.00 B 9. Foster Williams, Sr., 443 Riley Street, 14208 This is a claim for damages to a fence at 443 Riley Street after a City lawn mower caught the fence. $450.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims£ '. Chairman rmv TAWPOWSWORDU3 MVU 1- 15CLMCOMM.DOC ! � 9 2, , ei j -5 28 ® 6 34. 7 k AYE NO A � - . FUNTANA � a ■ . w � FPANCM a . � ■ .GOLOAMEK a # � . . KEARNS £O TO m & ■ PRID GEN ® RWERA , ' RUSSELL a A a k A � - . . ■ � ■ ■ w & a ■ � � s 00044 f-; 4 Miscellaneous Reimbursement That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C 1. Milagros Velzquez, 46 Crestwood Ave. #2,1421:6 This is a claim for reimbursement for towing and impound fees incurred after the City had failed to record payment of a City parking ticket. $179.44 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior 'Y'ears, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to there upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed Recommended by the Committee on Claims Chairman rmv T:1WPbONS WORURMV 111- 15CLMCONdM.DOC V +r�� (( p - 5 f el 3 — �6 31 ° f GO LOMBEK s8 3k LOCURTO PRED RIVERA RUSSEL SAHM dt � 5k 1 rf 5 Miscellaneous Invoices That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. 1. Coventry, P.O. Box 660776, Dallas, Texas 75266 This is a claim for payment of prior fiscal year Invoice No. 490108390 for services rendered to the Division of Compensation & Benefits. $325.00 D. 2. Doritex,11980 Walden Avenue, Alden, NY 14004 This is a claim for payment of part of a prior fiscal year invoice for services rendered to the Department of Public Works. $72.21 D 3. Emerling Ford, Inc., Rt. 219 & 39, P.O. Box 69, Springville, NY 14141 This is a claim for payment of a prior fiscal year Invoice for services rendered to the Department of Parking. $5,772.04 That checks be drawn on the account of Qrg 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to there upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. Passed 1 Recommended by the Committee on Claims Chairman rmv TAWPOWSWORDIR VU I- 15CLMCOMM.DOC �- .� �" 0004 6 Miscellaneous That, upon the recommendation of the Corporation Counsel, the following actions for labor and employment discrimination out of alleged negligence on the part of the City of Buffalo, be compromised and settled: E. 1. Richard Zarbo $110,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Passed z . f' Recormnended by the Committee on Claims Cha an s �y ��,,,. ti fl, V-1 7 Report to the Claims. Committee F 2. Let's Get Educated This claim is being placed on the agenda for discussion at the request of the City Clerk's Office. $80.00 F. 3. Barbara Mahoney This claim is being placed on the agenda for discussion at the request of the Common Council. $813.00 F. 4. Annette Mcloud This claim is being placed on the agenda for discussion at the request of the Common Council. . 27 7. David t c hinson his claim is be* placed on the agenda for discussion at t nest of Cou ember Kc S. $480.00 F. 8. Jimmy Steward, This claim is being placed on t or discussion at the request of Councilmember Kearns. $565.80 F. 9. Cory J. Gall er T ' claim is be' dg placed on the agenda for discussion at th�quest of Councilmen r Kearns. $1,116.60 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, in the amount set opposite his name and delivered to him upon execution and delivery to the Corporation Counsel of proper release were such release is indicated. Passed. Recommended by the Committee on Claims rmv T:\ANT60\MSXVORD\RMV11-29CLMCOMM.DOC AYE NO zY FONTANA C . GOLO KEARN LOCURTO P G EN RIV RA RUS sF i 5 � - 6 ( W 7 00 Report to the Claims Committee F 5. Mary Ann Herman This claim is being placed on the agenda for discussion at the request of the City Clerk's Office. Mr. Rivera moved: That t e s, Parks & s. AD WE D y—� Recommended by the Committee on Claims La r 11 Mr. Rivera moved that the above item be recommitted to the Committee on Claims 0 0 0 Report to the Claims Committee F 6. Veronica Hogle This claim is being placed on the agenda for discussion at the request of the City Clerk's Office. $455.00 Mir. Rivera moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Claims 1� 0 0050 T � 7 Report to the Clams Committee F. 7. David Hutchinson This claim is being placed on the agenda for discussion at the request of Councilmember Kearns. $480..00 F. 8. .Timmy Steward, Jr. This claim is being placed on the agenda for discussion at the request of Councilmember Kearns. $565.80 F. 9. Cory J. Gallagher This claim is being placed on the agenda for discussion at the request of Councilmember Kearns. $1, 116.60 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, in the amount set opposite his Name and delivered to him upon execution and delivery to the Corporation. Counsel of proper release w ere such release is indicated. Passed. r Recommended by the Committee on Claims rev T:\WP60NSWORD\RMVU-29CLMCOMM.DOC t j j/ . * .AYE * NO 4 ,�` =� �, *� �; r� � , � , oaO Appointment Communications and Community Relations Coord(Prov)(Garlick)(Mayor) Mrs. Russell moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Civil Service Appoint Associate Auditor(perm)(4` Step)(Harris) CCP# 9,11/1 Mrs. Russell moved That Communication 9 of November 1, 2011, be received and Filed and that the Permanent Appointment of Demetria Harris, 115 Mortimer St, Buffalo, NY 14204 at the 4` Step of $50,719.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 'fit *AYE*NO* 00053 Appoint Superintendent Traffic.Signal Systems(PW) CCP# 19,11/1 Mrs. Russell moved That Communication 19 of November 1, 2011, be received and Piled and that the Provisional Appointment of Nicholas Puglises, 882 West Ave, Buffalo, NY 14213 at the Second Step of $43,782.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended b y the Committee on Civil Service *.�tt t 0 �` A� :'°; " 000-54 Appoint Account Clerk Typist (5"' Ste.p)(Adams)(PW) CCP# 20,1111 Mrs. Russell moved That Communication 20 of November 1, 2011, be received and Filed and that the Temporary Appointment of Stella Adams, 93 Montclair Ave, Buffalo, NY 14215 at the Fifth Step of $35,127.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service `- L4 C Lk * AYE * NO FOA FPANCZYK GOLD HEARNS LOCURTO s PRIDGEN RIVERA RUSSELL SNHM ° -.. 314- 7 0000 Notices of Appointments TempfProv /Perm ( #39, 11/1) Mrs. Russell moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Civil Service �F c� =� `, ;, ;� - �. , 0005; Request to Extend Contract Brand -On Services (PW) (Item. No. 16, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Kearns moved: That Commissioner of Public orks, Parks and Streets is h auth ed to enter into ZlXaltcalle-te esion a eemen ran S ices 11, Me. for he oDeration f Pa Recommended by the Committee on Finance °4 Chairman TAB:miv TAwp601mswordirmvl6c 11 -1 c.doc RECEIVED AND FIL l� 00051. Approval of Contract with Empire St Development Corp for Restore 111 Grant Award Constructed by Jeremiah Partnership (Strtt Plan) (Item No. 54, C.C.P., Oct. 18, 2011) (Item No. 59, C.C.P., September 6, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Kearns moved: That the Communication dated August 30, 2011 from the Office of Strategic Planning be received and filed and that: 1. The City is authorized to contract with Empire State Development Corporation for the $763,576 portion of the Buffalo- RESTORE -111 tyrant Award (Project No. W898) to benefit Commercial and Mixed -Use Urban Center — Jeremiah Partnership; 2. All prior application materials submitted to obtain the above - referenced grant funding commitments are hereby ratified and confirmed; 3. The Mayor is authorized to execute the necessary grant funding agreements (in substantially the same form as that attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; 4. Other City personnel are authorized to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and/or necessary to facilitate and implement the City's receipt and utilization of the grant fatiding as well as all related reporting, monitoring and follow -up functions associated with the grant funding. Passed. AJ Recommended by the Committee on Finance., Chairman TARmiv T:hvp 60\mstivordlrmvl7e 1 I -1 c. doc n o W f A C, U Ji GOLOMEK S LOCURTO MVEIU RUSMU j -5 314- 7 �i� f �� °° ,_ S D _ _ fi. 0005 NYSDDT- Reconnecting Humboldt Pk Ay (449,11/1) Mr. LoCurto moved That the above item be the same and hereby is Received and filed ADOPTED Recommended. by the Committee on Community Development t 0005 D. ridgen -Notes on 10/12/11 Meeting on Revital 500 Bloch Main St ( #42, 10/18) Mr. LoCurto moved That the above item be the sane and hereby is Received and filed ADOPTED Recommended by the Committee on Community evelop ent D. Zuchlews i- Executive Summary of 2009 -10 Data Analysis ( #53, 7/12) Mr. LoCurto moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Community Development \11 M. LoCurto- Emergency Management Services ( #75, 916) Mr. LoCurto moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Community evelopment 0000 R. Fontana -M. Williams -Req Additional Playgrounds and Parks in Lovejoy District (#26,318) Mr. LoCurto moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Community Development V)---/ U 0006 R. Baranes, Agent, Use 510 Dorrance, Illumination Box Wall Sigh on Fagade and Freestanding Pole Sign (hrg 1119l11)(South) (Item No. 60, C.C.P., Nov. 1, 2011) That the above item be, and the. same hereby is returned to the Common Council with a recommendation for approval: Mr, Golornbek moved: That pursuant to Section 387 -19 of the City Code, the application of R. Baranes, as agent, to affix an illuminated box wall sign to the fagade of a 1 story masonry bank and to erect a freestanding pole sign in front of said batik located at 510 Dorrance Avenue in Buffalo, NY is hereby approved as presented in the application materials. Passed. Recommended by the Committee on L_ t s 1_ i ' v ­ airman TAs:nnv TAwp6Mjnswordlrmv113c11 -1 c,doc *AYE *NO* m shum �F� 00064 Collector License (New) (Cragco, Inc.) (Item No. 22, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golombek moved: That pursuant to Chapter 263 of the City Code, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Collector License to Tod Craggs d /b /a Cragco, Inc. with a business address at 1974 Langdon Rd., Ransornville, NY 14131 Passed. Recommended by the Committee on Legislation _ CmirmAn TAS:nnv TAwp6O\mswordlrmv114c1.M cAoc r -1 x� � . ^ AYE ® RO * FONTANA & s 6 . . � \ . . k . 4 ■ . . . ■ . �GOtO * & f . KEARN A a ■ . � LOCURTO ® A . . PRIDGEN • .. + \ . RM & ■ ■ R T . L ■ ■ ■ . Smrm ■ ■ a ' 5 § 314- ?■ ■ a Imm Collector License (New) (Modern Disposal System, Inc.) (Item No. 23, C.C.P., Nov. 1,2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golombek moved: That pursuant to Chapter 263 of the City Code, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Collector License to Lorie Washuta d/b /a Modern Disposal Services, Inc. with a business address at 4746 Model City Rd., Model City, NY 14107. Passed. 1 Recolnnmended by the Committee on Legislation -A.A.A n, Chairman T.B:n,Y TA%vp6MmswordVmvMc1 I -I c.doc / a5 ■ & m Ma i a§ . ■ & &. W -- & 31 4- 7 a ■ ® AYE ® 7O ^ DANA ® a FRANC k - A GO G OLOMBFX & a & - . ■ IMAM LOCURTO e & a f GEN a 'A. PJVERA w * a � � ■ R U S SFIL & ■ & m Ma i a§ . ■ & &. W -- & 31 4- 7 a ■ :. Collector License (New) (Waste IvIngt. of WNY, LLC.) (Item No. 24, C.C.P., Nov. 1, 2011) That.the above item be, and the same hereby is returned to the Common: Council without a recommendation: Mr. Golombek moved: That pursuant to Chapter 263 of the City Code, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Collector License to Michael Aberhard d/h /a Waste Management of New York LLC with a business address at 10860 Olean Rd., Chaffee, NY 14030. Passed. r Recommended by the Committee on Legislation L Chairman I TAB:rmv TAwp601mswordVnivU 601 -1 c.dw \�-Q a . a . . *AYE*N0* . .FONTANA A ■ . . @ Fl mc b rrfK � GOL a a ■ � . KEARN ■ ■ LOCURTO ® a . f .EN $ � R WERAL t . RUSS � . ■ & a �� & ■ s . 213. A ■ a 314- f& ■ Food Store License (New) —1624 William St. (Lov.) (Item No. 26, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golombek moved: Y That ant to Chapter 194 ity Code, the Commissioner of Permits and Inspections Services is here ized to issue a Food Store. License to Ahmed Nashir d/b /a Bluntvill Distribu ' , nc. for 162 Street, Pass Recommended by the Committee on Legislation Cha�rinan TAB:rmv TANvp60\mskvordirmv\17c11-1 c.doc Mr. Goiombek moved: That the above item be recommitted to the Committee on Legislation f:UI012 Im Used Car Dealer — 26.18 Bailey (Lov.) (Item No. 31, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Used Car Dealer License to Naif Mishal Alshammari and Jubran Faisal Jubran d /b /a Alrakies Used Cars located at 2618 Bailey Avenue. Passed. Recommended by the Committee on Legislation 9, s , —k Chairman TARrmv T:hvp60WsNYordVmv%l Sol 1 - 1 o, doc � \1 rt AYE NO FONTANA c .GOLOMBEK KEARNS LOCURTO PRIDDGEN RYVERA S L 213- 5 cill 3. 14- 7 0006 Height Area Variance ---134 High Street (approved 10/ 19/11) (Item No. 34, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Golombek moved: That the Common Council hereby ratifies and confirms the City of Buffalo Zoning Board of Appeals' decision to grant a height area variance to 134 High Street, LLC and Kaleida Health in furtherance and approval of the applicants' request for an Area Variance for the proposed height of the Multi -modal Transportation Structure located at 134 Nigh Street upon the reasons and determinations contained within said approving resolution. Passed. Recommended by the Committee on Legislation Chairman TAB;rmv TAwV6Nnswordlrmv! 19c17 -1 cAoc _4 \Ij\ * A * NO * F U S LO . - T a PRWGEN . RIVEPA RUSSELL V' M. Croce - Interest in the Future of BURA Owned Property -50 Court(Ell) ( #41, 11 /1) Mr. Golombek moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Legislation � �l 00, J. Golombek — S. Ricca — Comments Re Ground Sign Appl — 998 Broadway (Fill) (Item No. 44, C.C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common. Council without a recommendation: Mr. Golornbek moved: That the Common Council hereby receives and files the October 25, 2011 correspondence from Steven J. Ricca, Esq. regarding ALDi, Inc.'s application for a Ground Sign at 998 Broadway is hereby received and filed. Received and Filed. Recommended by the Committee on Legislation Chairmad TAs:rmv TANvp60\mswordVmv121 c11 -1 c.doc �c° 000'"L D, Pridgen -Town Gardens Residents Complaints ( #50, 11 /1) Mr. Golombek moved That the above item be the same and hereby is Received and tiled ADOPTED Recommended by the Committee on Legislation Y 0 0 7, ; D. Smith- Article Teen Dies After Smoking Synthetic Pot (#54, 1111) Mr. Golombek moved That the above item be the same and hereby is Received and filed ADOPTED y � Recommended by the Committee on Legislation Ip i Ordinance Amendment – Ch 309 Parks and Other Open. Spaces (Item No. 86, C:C.P., Nov. 1, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Golombek moved: In cor nee with cle 3 of the Ci ha , the above - entitled Ordinance Ameldm t, whi clos all cit parks an pen spaces sunset each n Atexcept for fzcally ly ed. as drafted an aPvr as to form. Recommended by the Committee on Legislation ' .'_q' - D, n Chairman TAB:rmv TAivp60Unswor&nnv129c11- 1c.doc ryi l Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation 000 Ordinance Amendment -- Ch 265 Property Managers (Item No. 88, C.C.P., Nov. 1, 2011) That the above item lie, and the same hereby is returned to the Common Council with a recommendation for -approval; Mr. Golombek moved; In accordance with Article 3 of the City Charter, the above - entitled Ordinance Amendment, which requires the registration of and regulates all property managers of three or more units within. the City of Buffalo is hereby approved as drafted and approved as to form. Passed. Recommended by the Committee on Legislation Chairman TAB:rmv TAwp60lms%vordlrmv125c11 -1 c.doc * A * NO * FONTANA * . M GOLOMBEK LOCURTO PPIDGEN E RUSSELL 00074 Name Change --- Friends of the Elderly Youth and Family Ctr to Dorothy Collier Community Center (hrg 11/15.) (item No. 116, C,C.P., Sept. 6, 2011) ' That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golombek moved: That after a public hearing having been duly held on this date, the name of the Friends of the Elderly Youth and Family Center is hereby changed to the Dorothy Collier Community Center, upon the approval of the same of the Mayor of the City of Buffalo. Passed. Recommended by the Committee on Legislation ox� IV—PA Chairman TAB:rtnv T.AmT Q1msivor&rmvry 26e11- 1c.doc Mr. Fontana moved to open the Public Hearing seconded by Mr. Smith Appearances Charlie Fisher Wanda Collier Mr. Bones, Jr Russell T. Smith Betty Jean Grant Marty Jr Bobby McCray Sr. Robin Smith Mr. Fontana moved to close the public Hearing seconded by Mr. Rivera *AYE*NO* F`.' ' %5 213 - 6 314- 7 Sale of Candy in the Form of Marijuana and Synthetic Cannabis (#100, 10 /04) Mr. Golombek moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee on Legislation 000 7.0 C. Kam bar, Agent, Use 998 Broadway for a Ground Sign (Fill) (No pulp. hrg.) (Item No. 92, C.C.P., Sept. 6, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation: Mr. Golornbek moored: That the application of as agent for a ground sign to read "ALDI" in a C_3 District is hereby a ed as presence . same of the Ma the City of Buffalo. Pa d, Recommended by the Committee on Legislation' Chairman TAS:rmv TAwp60\msword\rmv\28c1 1-1c.doc Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED am Alleged Discrimination in a Downtown Nightclub ( #99,513) Mr. Golombek moved That the above item be the same and hereby is Received and tailed ADOPTED Recommended by the Committee on Legislation r� Plan Bd -Res Adopted Re Site Plan Approval -295 Maryland ( #59,415) Mr. Golombek moved That the above item be the same and hereby is Received and filed ADOPTED ".9 Recommended by the Committee on Legislation F �.�` �� �� ;���. t ' � -: s • 000 C. Houselcneelit Resume to Express Interest in Vacancy for City Comptroller ( #46,513) Mr. Fontana moved. That the above item be the same and hereby is Received and filed ADOPTED f Recommended by the Committee of The Whole 3/ 000 L. KrUCenski- Resume to Express Interest in Vacancy for City Comptroller (#47,5/3) Mr. Fontana moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee of The Whole l 3 ,� A. Higgins- Resume to Express Interest in Vacancy for City Comptroller (448,4/19) Mr. Fontana moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee of The Whole 3 00084 A. Siegel Resume to Express Interest in Vacancy for City Comptroller ( #49,4113) Mr. Fontana moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee of T1 � A 000@ p B. Doyle- Resume to Express Interest in Vacancy For City Comptroller ( #42,415) Mr, Fontana moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee of The Whole j�? M, Hicks Jr- Resume to Express Interest in Vacancy for City Comptroller (#43,415) Mr. Fontana moved That the above item be the saute and hereby is Received and filed ADOPTED Recommended by the Committee of The "Whole 00081 t D. Mepherson- Resume to Express Interest in Vacancy for City Comptroller (#44,4/5) Mr. Fontana moved That the above item be the same and hereby is Received and filed ADOPTED Recommended by the Committee of' 5-7 *AYE** FONT ANA FRANCZYK GOLOMMEK KEARNS LocmTo PRMGEN RWERA ' -5 _.6 31 - 7 RESOLUTIONS November 15, 2011 0008 . RESOLUTION By: Mr. Kearns Trailblazing Sign request for James T. Kelley Whereas: Trailblazing. signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy,persons associated with the City of Buffalo; and Whereas: Born on October 26, 1949, James Thomas "Jim" Kelley, was raised in South Buffalo and lived in the area his entire life; and Whereas: Jim Kelley attended St. Martin's School, Bishop Timon High School, Canisius College and he studied in the Master's Program in library science at the University at Buffalo; and Whereas: In 1967, Kelley started his career at the Buffalo News as a "copy kid" and eventually worked his way up to the sports department, where he became a Hall of Fame journalist; and Whereas: As a sportswriter for The Buffalo News, Kelley covered high school sports, the Buffalo Bisons, the Buffalo Bills and other assignments, but his true passion was covering hockey and the Buffalo Sabres; and Whereas: After 32 years at The Buffalo News, Kelley moved on to write hockey columns for Sports Illustrated, Foxsports, ESPN, and Sportsnet Canada. He also regularly appeared on the "Fan 590 ", a Toronto all - sports radio station, WBEN 930 and WGR 550 in Buffalo; and Whereas: Kelley also made his mark in television, originating the weekly "Hockey Night in Buffalo ", as well as "Sharpshooters" on WNSA Television with Mike Robitaille; and Whereas: In 1995, Jim Kelley was inducted into the Greater Buffalo Sports Hall of Fame. In 2004, he was inducted into the Hockey Hall of Fame and in on January 1, 2011 he was posthumously inducted into the Buffalo Sabres Hall of Fame; and Whereas: Kelley was so respected by his fellow journalists that they elected him to three terms as president of the Professional Hockey Writers Association. He also won the 199495 New York Publisher's Award for Sports Writing Excellence and was named one of the top five hockey writers in North America by ESPN. He was a member of the Hockey Hall of Fame Media Selection Committee and served as a staff Consultant to the International Olympic Committee (IOC) for the 1998 Winter Olympics in Nagano, Japan;and Whereas: His experience and knowledge of hockey led The Hockey News to proclaim Jim Kelley in 2002 -03 as one of the "100 People of Power and Influence in Hockey" and 1 r Whereas: A trailblazing sign is an appropriate honor for James Kelley, whose tireless work ethic, journalistic integrity, and love for the City of Buffalo and Western New York and commitment to the community shall always be remembered; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo hereby approves the installation of two trailblazing signs, the first at Washington and Perry Street in front of the First Niagara Center, and the second at Washington at Scott Street in front of the Buffalo News, proclaiming that portion of Washington Street to be ":Tames T. Kelley Way "; and Be it Finally Resolved: That the Department of Public Works is directed to erect the signs to this effect, once all fees and requirements associated with the posting of these Trailblazing Signs have been satisfied. 4 Michael P. Kearns South District Council Member Sponsor: par1mg G. PrI ton, Ellicott District Council Member tt�jew. 1! lllcott Community Refcvolopment Foundation, Inc. Whereas: ,111cotj CQmxrttattiYy 1 adcvclop eaC koundatiott, lttc. is the pVA0 of 221 and 291 wllliam Street, Ruffalo, SI INw.111.1,4.2.1 and 111,14.2 -3; a - ad tE'k`CS1�; The T0icott Cot7ntlttnity .Radevolopment Fouttdotl4rl, in e}ltored into a- Purchase and Sale Agreelnettt to sell the property to Morgan Ellicott Apartments LLC as Assignee Of omorsct: jDaveloputont Grwp, LLC tin is a Conti - act Mated September 25, 201 for a purchase price of $2.5 million d9l1ars; attd Wheveua; Tillloott Coinmunity Xedevelopmont: poundation, Ttta, is an Atticle V Private Kousittg Fin€tnco Lase entity tinder Now °York State Law and vegttires the consent of tho City of Buffalo Co)Ittno;l G0111161 to sell tho propor y; Tow, Tharofore, Be If Resolved: Thttt'tile City of Buffalo Common Cowell hereby pemits Ellicott Community t adcycl9prt+Qltt (1t Y�G ati0ll, Yhc, to sell the property at a p1jr0hase price of approximately 2,5 amilllon dollars to Morgati Ellicott Apsrttmen% LLC as Assiattee of Some:set 1)evelopmetitGrottp, LLC, Darius G> Prtdgen Ellicott District Catttteil 0 O D No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for Gloria J. Parks By Councilmember Russell, Chwalinski In Memoriam for By Councilmember F."U19 �i 1911 g� November 15, 2011 _ WHEREAS, On October 15' 2011, Almighty God, in His infinite wisdom, has removed from our midst Gloria Ja Parks in whose death we have lost a sincere and loyal friend, her community, a valued and respected citizen; and her family, a kind and devoted member; and The former Glorify Greaney was born on December 20, 1923, in buffalo, New York and attended Immaculate Conception Catholic School and Nardin Academy. ,After finishing school, Gloria married the love of her life, the late Samuel .Parks, to whom she would remain happily m€ cried for forty -nine years; and ERE 4S, Gloria I Parks loved children and was part of the "Marching Mothers :"movement of the 1970s as well as the founder of "The Concerned.Parents. of the University Area, " a community organization which. was instrumental in obtaining badly - needed recreational services for youths in the University District. Gloria A Parks also played a critical role in lobbying for and obtaining grant funding for various social programs in the university District, including the operation of a summer program at St. Joseph's. School, the 1974 opening of a community "Storefront Center" and numerous Senior Services and Community Homing initiatives; and WHEREAS, Gloria.J. Parks served as the ,President of the university Heights Development Association for many years and was the driving,jbrce:behind the building of a community center in the. university District in 199.x. In. recognition of her vision, passion, dedication and persistence: in making the . project a reality, the facility was, named:` the Gloria J; Parks Corrarrtiwnhy Center in'her° :honor: Gloria J. Parks also fought hard to ensure that the Center would be:accessible to community residents, utilizing."her role as a Community Board Member for the Niagara Frontier Transportation Authority to secure the construction of a LaSalle Metro Rail Station; and , WHEREAS, Gloria .1+ arks wild "be remembered by all that knew her for her quiet but forcol nature.. She was genuine, passionate and lend lryexwnple; qualities which allowed her to `persuade "countless others of tlie.neecl for €a;cotnmz�aity center and the importance�of volunteering their time, effort and resources to keep its doors open. Adynamic woman of many talents, Gloria J. Pinks dedicated her life to bettering her community through seer ess involvement in it; and S, Gloria ;7 Parks wall be dearly missed. by her four daughters, Margaret, Elizabeth Eileen and Kathleen; her three sons, Samuel, Chord and Eugene; her twenty -one grandchildren; her twenty - two. great grandchildren; her great great grandchild; countless friends, . and the many University .heights residents that frequent the 'Community Center which bears her name. NOW, THEREFORE, BEIT PROC EDy That this Common Council of the City of Buffalo mourns the passing of our worthy and beloved friend, Gloria J. Parks, and extends this expression of heartfelt symptathy.and.Prayers for God's speed of comfort to her many friends and family in this, their sad time of bereavement. Bonnie E Russe Gerald, A. d waliraski University District Council Member City Clerk ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 "' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, November 22, 2011 at 9:45 o'clock A. M. Tuesday, November 22, 2011 at 10:00 o'clock A.M. Tuesday, November 22, 2011 at 1:00 o'clock F.M. Tuesday, November 22, 2011 at 2:00 o'clock P.M. (Public sclaimer All meetings are subject to thane and cancellation by-the respective C Di hairmen of Council Committees. In the event that there is sufficient time iven for notification it will be rovided. In addition there mqy be meetin s set up whereby the Cit Cleric's Office is not made aware therefore unless we receive notice from the res ective Chairmen we can on1 make notification of what we are made aware. U No. Adjournment M '5' Ito f On a motion by Mr. Fontana, Seconded by M the Council adjourned at GERALD A. CH WALINSKI CITY CLERK November 15, 2011