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HomeMy WebLinkAbout11-0308CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL a BUFFALO March 8, 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 February 22, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL SMITH I eem_mee______] [MA.I- 5] 2/3 - 6 ] [3/4- 7] *AYE* NO * * * * * * * * * * * * * * * * * * * * March 8, 2011 * * * * * * * * * * * * * * March 8, 2011 FROM THE MAYOR March 8, 2011 11 111 't. j1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: February 24, 2011 Mayor SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No, xxx, C.C.P. xxlxxlxx ) . Appointment - [: Buffalo Preservation Board 3 Pursuant to Chapter 337, Article II, § 337 -3 of the City Charter, I hereby appoint John M. Laping, 309 Nottingham Terrace, Buffalo, New York, 14216 to serve on the Buffalo Preservation Board for a 3 -year term, commencing immediately and expiring January 31, 2014. 1 hereby certify that the above mentioned individual is fully qualified to serve on the Buffalo Preservation Board. SIGNATURE 6). DEPARTMENT HEAD TITLE: 1 Brow , ayo — Mr. Fontana moved: That the above communication from the Mayor dated February 24, 2011, be received and filed; and That the appointment of John M. Laping :residing at 309 Nottingham Terrace, Buffalo, NY 14216, to the Buffalo Preservation Board for a terra of 3 years, commencing immediately and expiring on January 31, 2013 is hereby approved on the condition that he does not owe any outstanding liens to the City of Buffalo. Passed. 1 TAwp60\mswerd\rmvNI c3 - 8a.doc y * AVE *NO* FONTANA * FRANGZYK x G®LGMREK * KEARNS * LOCURTG x PRDGEN * RIVERA * RUSSELL * SMITH * x � Maj ® 5 * ,� 2/3- 6 3/4- 7 TO: THE COMMON COUNCIL DATE: February 28, 2011 FROM: THE EXECUTIVE DEPARTMENT SU T: Mayoral Appointments to Citizens .Advisory Commission on Reapportionment Pursuant to §18 -12 of the Charter of the City of Buffalo, I hereby appoint the following individuals to the Citizens Advisory Commission on Reapportionment: Matthew L. Brown 36 William Price Parkway Buffalo, New York 14214 Bonita R. Durand, Ph.D 153 Winspear Avenue Buffalo, New York 14215 Brian Gould 185 York Street Buffalo, New York 14213 Patricia A. Pierce 28 Tuscarora Road Buffalo, New York 14220 DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor t SIGNATURE OF DEPARTMENT HEAD:� - r� f1 FROM THE MAYOR - EXECUTIVE DEPARTMENT March 8, 2011 FROM THE CITY PLANNING BOARD March 8, 2411 0 0 0 0 3 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR —State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Horsefeathers Market & Residence Parking Area Location: 336 Connecticut Street (AKA 3461336 Connecticut St) Type of Action: Unlisted- Uncoordinated Description. The Frizien Group, Karl Frizien is proposing the construction of a parking lot located at 336 Connecticut Street, Buffalo New York. The proposed project consists of the construction of a twenty -one space lot combining a currently gravel lot located at 346 Connecticut with the 336 property. Landscaping and screening will be added to meet the requirements of the City of Buffalo Site Plan and Design Review Ordinance. The project will be funded privately in the amount of 10,000 dollars. As a result of this Environmental review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take two vacant lots and convert then to a parkingliandscaped area that will benefit the adaptive reuse of 346 Connecticut Street. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact.Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -- 716 851 -5485 Dated February 15, 2011 CC: City Clark City ©f Buffalo Common Council City o0u1f'alo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Frizien Architects E AND FIL �1 00001 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Larkin District Office Building Location. 111 Hydraulic Street Type of Action: Unlisted- Uncoordinated Description: 598 Main Street, t_LC is proposing the construction of a new two story commercial building located at 111 Hydraulic Street, Buffalo New York. The proposed project consists of the construction of a 57,000 square foot, two story building near the corner of Seneca and Hydraulic Streets. The scope consists of two small surface lots, outdoor patio, a water feature and both building stories serving as office space. The plan pulls the proposed building 50' -0" off the Seneca Street property line to allow for the potential of future mixed use properties to be developed keeping with the Larkin district Master Plan. The design for the building is based on art deco "industrialloffice" architecture. Building materials include various shades of tan /gold tone masonry with cast stone accents, dark bronze anodized storefront framing wllow -E non reflective glazing and pre finished canopies. The structure will be of conventional steel frame type. The Foundation will consist of plies or caissons down to bedrock and grade beams. The site has been cleared with a prior demolition permit and is ready to build on. The project will be privately funded with an estimated construction cost of 53 million dollars. ECIDA has prepared their own Negative Declaration as they do have some involvement with this project. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows; this project will continue the rapid success of the Larkin District Community. The new landscaping will add to the surrounding community's aesthetics. The construction of the new building should create construction jobs as well as new jobs in the building when it is complete, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. 'there are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated February 15. 2011 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Young i Wright Architectural (C 1 V ED AN D AIL 1 i.,? r 0000 NEGATIVE DECLARATION l NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the impiementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bethune Hall Location: 2817 Main Street Type of Action: Type 1, Uncoordinated Description: Carmina Wood Morris is proposing the restoration and reconstruction of the former Buffalo Meter Company Building (AKA Bethune Hall) on the property located at 2917 Main Street, Buffalo New York. The first phase of this project will include the exterior restoration, including new windows and storefronts and masonry/concrete restoration. The entire building will be, converted to Loft Style Apartments. The project budget is currently set at 8.5 million dollars all of which will be privately financed. The project financing includes offsets through Federal and New York State Historic Preservation Tax Credits. Construction should begin in June of 2011 and take approximately ten months to complete. The proposal includes market rate luxury loft apartments, eighty nine units with 145 bedrooms will be constructed with amenities to include a fitness center, lounge, laundry and tenant storage areas. In addition to the comprehensive restoration of the exterior all new windows and the re- pointinglcleaning of the brick will be installed and completed. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action wilt not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the restoration of the Bethune Hall Building will bring a needed sense of stability to this section of Main Street as well as preserve an important building and its architectural history for future generations to enjoy. New employment opportunities will be created during and after the rehabilitation providing much need jobs to area residents. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Nall, Buffalo New York 14202 — (716) 851 -5086. Dated March 1, 2011 CC, City Clerk City of Buffalo Economic Development, Permits and inspections City of Buffalo Public Works, Parks & Streets NY$ Office of Parks, Recreation and Historic Preservation Buffalo Preservation Board Environmental Notice Bulletin RECEI ED -a r S\ FROM THE OFFICE OF STRATEGIC PLANNING b. 1 000G TO: COMMON COUNCIL: DATE: 3/3/11 FROM: DEPARTMENT: Strategic Planning SUBJECT: CONTRACT WITH EMPIRE STATE DEVELOPMENT CORPORATION FOR $2,000,000 RESTORE III GRANT FOR RENOVATION COSTS AT THE AVANT ( "AVANT" OR THE "BUILDING ") (FORMERLY THADDEUS J. DULSKI BUILDING). PRIOR COUNCIL REFERENCE: The City of Buffalo applied for and obtained grant funding commitments from Empire State Development Corporation as part of the RESTORE III program for a portion of renovation costs at the now completed Avant Building. The Building, constructed in 1971 as a fifteen -story federal office building in the heart of the City's downtown government and business district, was closed in 2005 due, in part, to asbestos and PCB contamination. UniQuest Delaware,LLC ( "UniQuest "), a commercial real estate development company, converted the Building into a mixed -use 150 room full service hotel, 28 condominium units, and 128,000 square -feet of Class A office space. The project involved the acquisition and complete renovation of the Building, including asbestos, PCB, and lead abatement removal; dismantlement of all interior walls and exterior concrete -panel fagade; installation of a glass and metal exterior fagade; installation of state -of- the -art plumbing, electrical, and HVAC elements; and interior reconstruction into hotel, condominium, and office space. I am recommending that Your Honorable Body authorize the City to contract with the Empire State Development Corporation for the $2,000,000 RESTORE III grant to benefit the AVANT Project. The Office of Strategic Planning is requesting that your Honorable Body hereby: 1. Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitment; 2. Authorize the Mayor to execute the necessary grant funding agreements (in substantially the form 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; and 3. Authorize the Mayor and other city personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements (including but not limited to a guarantee agreement between the City of Buffalo and a sister entity of UniQuest with sufficient financial means as determined by the City Comptroller's Office) as are appropriate and /or necessary to facilitate and implement the City's receipt, utilization, and disbursement of the grant funding as well as all related reporting, monitoring and follow -up functions associated with the grant funding. TYPE DEPARTMENT HEAD NAME: Brendan Mehaffy TYPE TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DIVISION OR DEPARTMENT HEAD ' ! E DRAFT 10/27/10 CAPITAL, GRANT This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the Project described below: NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION ( 61 ESDC "): 95 Perry Street, Suite 500 Buffalo, New York 14203 -3030 Contact: Jean Bly Phone: 716- 846 -8243 Fax: 716 - 846 -8260 E -mail: jbly @empire.state.ny.us THE GRANTEE: City of Buffalo 913 City Hall Buffalo, NY 14202-3376 Contact: Michael Breen, Communications Manager Buffalo Urban Renewal Agency Phone: 716- 851 -5468 Fax: 716- 842 -6942 E -mail: mbreen@ch.ci.buffalo.ny.us ch.ci.buffalo.ny.us Federal Taxpayer ID#: 93- 200687 THE BENEFICIARY: UniQuest Delaware, LLC 100 Corporate Parkway, Suite 500 Amherst, NY 14226 Contact: Peter A. Sayadoff, Director of Finance Phone: 716 - 834 -5000 ext. 514 Fax: 716 -834 -5034 E -mail: _ PSayadoff @Uniland,com PROJECT NAME: Buffalo - RESTORE III- Commercial & Mixed Use Center — Avant PROTECT LOCATION: 200 Delaware Avenue, Buffalo PROJECT NUMBER: W848 GRANT AMOUNT. $2,000,000 FUNDING SOURCE: Restore NY Communities, FY 2008 -09 ESDC APPROVAL. DATE: December 18, 2009 PACB APPROVAL. DATE: January 20, 2010 EXPIRATION DATE: December 31, 2015 m o t - YAM TERMS AND CONDITIONS 1. The Project The Grantee shall: (a) complete the project as set forth in the ESDC General Project Plan attached hereto as Exhibit A (the "Project "). (b) comply with the design and construction requirements attached hereto as Exhibit B. 2. Employment Goals & Reporting (a) The Grantee represents and warrants that it currently employs not less than the Baseline Employment (as hereinafter defined) set forth in Exhibit C to this Agreement and that it shall (i) achieve the employment goals as set forth in Exhibit C by retaining existing or hiring new Full -time Permanent Employees or (ii) repay a portion of the Grant as set forth in Exhibit C. (b) For purposes of this Agreement, a Full -time Permanent Employee shall mean (i) a full -time, permanent, private - sector employee on the Grantee's payroll, who has worked at the Project Location for a minimum of thirty -five hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Grantee to other employees with comparable rank and duties; or (ii) two part -time, permanent, private- sector employees on Grantee's payroll, who have worked at the Project Location for a combined minimum of thirty -five hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Grantee to other employees with comparable rank and duties. Baseline Employment shall mean the number of Full -time Permanent Employees set forth in Exhibit C. (c) Grantee shall submit, by February 1 of each year during the term of this Agreement, the Employment Reporting Form attached hereto as Exhibit H, indicating the average number of Grantee's Full -time Permanent Employees for the 12 month period ending as of December 31 of the prior year. Full -time Permanent Employee Count, for each calendar year during the term of this Agreement, shall mean the greater of (i) the average number of Full -time Permanent Employees for the prior calendar year, computed by adding the number of Full -time Permanent Employees as of the Grantee's last payroll date in the months of March, June, September and December and dividing that sum by 4, or (ii) the number of Full -time Permanent Employees as of the Grantee's last payroll date in December of such year. J ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 2 DRAFT 3. Conditions Precedent to Disbursement of the Grant No grant funds shall be disbursed unless the Grantee is in compliance with the Terms and Conditions of this Agreement, including, but not limited to, Exhibit E (Disbursement Terms), and the following conditions have been satisfied (and as to 3(d) and 3(e) below continue to be satisfied prior to each disbursement): (a) If the Grant Amount exceeds $100,000, or if, as described in Exhibit A, it is expected that there will be additional grants that in the aggregate exceed $100,000, ESDC has received an opinion of Grantee's counsel, in substantially the form appended to this Agreement as Exhibit D. (b) Any necessary approval has been issued by the Director of the Budget of the State of New York, and the Grant funds have been received by ESDC. (c) ESDC has received a commitment fee, plus out -of- pocket expenses incurred by ESDC in the making of the Grant, if any, as set forth in Exhibit E. (d) There has been no material adverse change in the financial condition of the Grantee since the date of submission of its application to ESDC. (e) The Grantee employs at least the Baseline Employment as evidenced by the Employment Reporting Form attached hereto as Exhibit H. 4. Disbursement and Recapture Terms Subject to the terms and conditions contained in this Agreement, ESDC shall disburse the Grant to the Grantee as follows: (a) ESDC shall reimburse the Grantee for Project expenditures incurred by the Grantee as set forth in Exhibit E to this Agreement. Disbursements will be made upon submittal to ESDC of a Payment Requisition Form, together with such supporting documentation as ESDC may require, in the form attached to this Agreement as Exhibit F and its attachments, and Exhibit H. (b) In no event will ESDC make any payment which would cause ESDC's aggregate disbursements to exceed the Grant Amount. (c) The Grant, or a portion thereof, may be subject to recapture by ESDC as provided in Exhibit C. 5. Non Discrimination and Affirmative Action The Grantee will comply with ESDC's Non - Discrimination and Affirmative Action policies set forth in Exhibit G to this Agreement. ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions e Page 3 DRAFT 6. No Liability of_ES_DC ESDC shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify and hold harmless ESDC, the State and their respective agents, officers, employees and directors (collectively, the "Indemnitees ") from and against any and all such liability other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 7. Representations, Warranties and Covenants The Grantee represents, warrants and covenants that: (a) It has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. (b) This Agreement was duly authorized, executed and delivered by the Grantee and is binding and enforceable against the Grantee in accordance with its terms. (c) It is a duly organized corporation, validly existing and in good standing under the laws of the State of its incorporation, has the corporate power and authority to own its assets and to transact the business in which it is now engaged or proposed to be engaged and is duly qualified as a foreign corporation and in good standing under the laws of each other jurisdiction in which such qualification is required and shall maintain its corporate existence in good standing in each such jurisdiction. (d) There are no actions, suits or proceedings or, to the knowledge of Grantee, threatened against, or affecting Grantee before any court, governmental entity or arbitrator, which may, in any one case or in the aggregate, materially adversely affect the financial condition, operations, properties or business of the Grantee, except as may have been disclosed in writing to ESDC. (e) Grantee is in compliance and shall continue to comply in all material respects with all material applicable laws, rules, regulations and orders. (f) The information contained in the application submitted by the Grantee in connection with the project and the Grant, as such application may have been amended or supplemented (the "Application "), is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the Application, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that ESDC has relied on the statements and representations made by the Grantee in the Application in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Application or otherwise in connection with the Grant and, except as otherwise disclosed in writing to ESDC, there has been no adverse material change in the financial condition of Grantee from the date of submission ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 4 DRAFT of the Application to the date hereof and that all other the information contained in the Application continues on the date hereof to be materially correct and complete. (g) The Grantee covenants that it will neither hold itself out as, nor claim to be an officer, employee, agent or representative of ESDC or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of ESDC or the State, including without limitation, worker's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. (h) Neither the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given anything of value to influence any official act or the judgment of any person in the award of the Grant or the performance of any of the terms of this Agreement. (i) It shall maintain business operations at the Project Location for the term of this Agreement. The Grant shall be used solely for Project expenses in accordance with the terms and conditions of this Agreement. (k) The Grantee is solely responsible and has sufficient funding for all Project costs in excess of the Grant. (I) Grantee will use ESDC grant funds, and submit payment requisitions, exclusively for eligible expenses related to capital works or purposes in accordance with IRS rules and regulations relating to ESDC's bonds and in accordance with the New York Debt Reform Act. Grantee acknowledges that grant funds must be used solely for authorized capital purposes and not for operating expenses or other working capital items or non - capital purposes, irrespective of whether the funds are still used for the benefit of the Project, Grantee acknowledges that the consequences of breaching this covenant could result in violations of state law and/or large bond issuances being treated as taxable instead of tax exempt for federal and state tax purposes, loss of certain federal subsidies to the state, adverse ratings changes for such bonds, and disproportionate negative financial consequences to the state and bondholders. Grantee recognizes its financial obligations, risks and liabilities for breach of this covenant. ESDC may, from time to time, request information from Grantee to confirm its compliance with this covenant and Grantee acknowledges Its obligation under Section 8 (a) (ii) of the GDA to provide information upon request to ESDC. j C� l ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Rage 5 DRAFT 3. Default and Remedies (a) Each of the following shall constitute a default by the Grantee under this Agreement: (i) Failure to perform or observe any obligation or covenant of the Grantee contained herein, other than an employment default as set forth in (iv) below, to the reasonable satisfaction of ESDC and within the time frames established under this Agreement. (ii) Failure to comply with any request for information reasonably made by ESDC to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by ESDC in connection with the Grant. (iii) The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant. (iv) Failure of the Grantee, for any time period, to meet the minimum employment goals required by Exhibit C. (v) A default beyond any applicable grace period by the Grantee, or any entity which Grantee directly or indirectly controls, is controlled by, or is under common control with, under any other agreement with ESDC. (vi) Any manifestation, on the part of the Grantee, of an intention either: (x) to terminate and/or (y) to restructure, under the terms of any bankruptcy or insolvency statue or law, its business at the Project Location. This includes, without limitation, the announced or actual cessation of business activities at the Project Location, the initiation of proceedings under any dissolution statute, or the execution of an assignment for the benefit of creditors, or the solicitation of any composition and/or arrangement with creditors, or the issuance of "closing" or "termination" notices to employees under any state or federal statute, or the filing of any voluntary petition under any chapter of the United States Bankruptcy Code, or the failure by the Grantee to obtain the dismissal, within sixty (60) days of filing, of any involuntary proceeding brought under any chapter of the United States Bankruptcy Code. (vil) If the number of the Grantee's Full -Time Permanent Employees, as that term is defined in this Agreement, that are situated at the Project Location as of the Grantee's last payroll date on or prior to the end of any quarter (with the quarters being those the quarterly dates of March 31, June 30, September 30 and December 31, as set forth in the Report of Employment that is annexed as Exhibit H to this Agreement) is less than fifty percent (50%) of the number of Full Time - Permanent ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions e Rage 6 DRAFT Employees, situated at the Project Location, required in accordance with the Employment Goals that are to be achieved as of the next Deporting Date, as specified in Exhibit C. (b) Upon the serving of notice to the Grantee of the occurrence of a default (which notice shall specify the nature of the default), ESDC shall have the right to terminate this Agreement, provided however, that if the default is pursuant to paragraph 8(a)(i) or 8(a)(ii), no default shall be deemed to have occurred if Grantee cures such default within ten (10) days of notice of default from ESDC, or if the default pursuant to paragraph 8(a)(i) or 8(a)(ii) cannot be reasonably cured within such ten day period, Grantee commences to cure such default within the ten day cure period and cures the default within ninety (90) days thereafter, provided further that ESDC shall not be obligated to make any disbursements during any such cure period.. Defaults occurring under the terms and provisions of paragraph 8(a)(iii), 8(a)(iv), 8(a)(v), 8(a)(vi) and 8(a)(vii)) are not subject to the cure provisions provided herein. (c) Upon termination of this Agreement, ESDC may (i) withhold any Grant proceeds not yet disbursed and (ii) require repayment of Grant proceeds disbursed to the Grantee in accordance with Exhibit C of this Agreement. Notwithstanding the foregoing, if ESDC determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, ESDC may require repayment of all funds and may referthe matter to the appropriate authorities for prosecution. ESDC shall be entitled to exercise any other rights and seek any other remedies provided by law. 9. Term The term of this Agreement shall commence on the date hereof and expire on the Expiration Date, as set forth on the first page of this Agreement. 10. Books and Records; Project Audit (a) The Grantee will maintain accurate books and records concerning the project for the term of this Agreement and for three (3) years from the expiration or earlier termination of this Agreement and will make those books and records available to ESDC, its agents, officers and employees during Grantee's business hours upon reasonable request. (b) ESDC shall have the right, upon reasonable notice, to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for three (3) years following the expiration or earlier termination of this Agreement. ate ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions - Page 7 I- X7:M 11. Survival of Provisions The provisions of Sections 6, 8 and 10 shall survive the expiration or earlier termination of this Agreement. It is, moreover, specifically agreed and understood that ES ®C may commence an action for any claim arising from or relating to those sections notwithstanding any expiration and /or earlier termination of the Agreement and that the termination or expiration shall not alter or effect any obligations or responsibilities of the Grantee that are required to be performed under any portion of this Agreement (including, but specifically not limited to, those that are set forth in Sections 6, 8 and 10) following termination or the Expiration Date. 12. Notices e7 (a) All notices, demands, requests or other communications permitted or required hereunder shall be in writing and shall be transmitted either: (i) via certified or registered United States mail, return receipt requested; (ii) by facsimile transmission, (iii) by personal delivery; (iv) by expedited delivery service; or (v) by e -mail. Such notices shall be addressed as follows or to such different addresses as the parties may from time -to -time designate: Empire State ®evelopmenLCorporation Name: Jean Sly Title: Project Manager Address: 95 Perry Street, Suite 500, Buffalo NY 14203-3030 Telephone Number: 716 - 8468243 Facsimile Number: 716846 -8260 E -Mail Address: jblycz empi,r.tt�nys With a copy to: Title: General Counsel Address; 633 Third Avenue, 34 Floor, New York, NY 10017 Telephone Number: (212) 8033750 Facsimile Number: (212) 803 -3975 E -Mail Address: a[aremont @empire,state.ny.us Qi y, of Buffalo Name: Michael Breen Title: Communications Manager, Buffalo Urban Renewal Agency Address: 913 City Hall, Buffalo, NY 14202 -3376 Telephone Number: 716851 -5468 Facsimile Number: 716842 -6942 E -Mail Address: mbreen@ch.ci.buffalo.ny.us ES ®C RESTORE Capital Grant Disbursement Agreement Terms & Conditions e Page 8 DRAFT d (b) Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of mailing to the address provided herein, or in the case of facsimile transmission or email, upon receipt of a record, by the sender, that such a transmission has been completed. (c) The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated in writing by the parties for purposes of implementation and administration /billing, resolving issues and problems and/or for dispute resolution. 13. No Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 14. No Waiver No waiver of any ESDC's rights arising under this Agreement, or any other source, can occur unless such waiver shall be in writing and signed by ESDC and such written document manifests a clear and unequivocal intent by ESDC to waive its contractual or other legal rights. The term "waiver" as used herein is a term of art as used in the legal profession. ESDC may not be estoppel from asserting any of its legal rights, including but not limited to its rights under this agreement, unless ESDC has signed a written document that clearly and unequivocally states that the other party may detrimentally rely upon the terms of such written document. Absent such written document, there shall be no estoppel against ESDC and the other parties' alleged detrimental reliance shall be deemed to be unreasonable. The term "estoppel" is used herein is a term of art as used in the legal profession. 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. In the event of a conflict between the Directors' materials attached ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Wage 9 Ids MM hereto as Exhibit A and any other term or condition of this Agreement, then the term or condition of this Agreement shall govern. 17. Confidentiality. of Information Information contained in reports made to ESDC or otherwise obtained by ESDC relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked "Confidential" by the Grantee, will be kept confidential by ESDC, to the extent such information is determined by ESDC to be exempt from public disclosure under the Freedom of Information Law and not otherwise required by law to be disclosed. Notwithstanding the foregoing, ESDC will not be liable for any information disclosed, in ESDC's sole discretion, pursuant to the Freedom of Information Law or other applicable law, or which ESDC is required to disclose pursuant to legal process. 18. Special Provisions The Grantee shall comply with the special provisions, if any, set forth in Exhibit 1. 19 Litigation Costs C/ The Grantee shall pay, in any action or proceeding that is commenced to enforce and/or involves the enforcement of the terms and conditions of this Agreement, all of ESDC's costs including, without limitation, ESDC's attorneys' fees. The Grantee shall also pay any and all of ESDC's collection costs including, without limitation, its attorneys' fees. 29. Waiver The Grantee knowingly and expressly waives the right to a trial by jury and the right to interpose any counterclaims in any action brought by ESDC under the terms of this Agreement, ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions -- Page 10 DRA FT ♦' This agreement is entered into as of the latest date written below: NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION (Signature) Douglas Wehrle, Senior Vice President, Loans and Grants (date) City of Buffalo DRAFT: do not sign this version (Signature) (Printed name and title) (date) Rev. 11/16/09 F ��f ESDC RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 11 z DRAFT ESDC CAPITAL GRANT DISBURSEMENT AGREEMENT EXHIBITS EXHIBIT A General Project Plan EXHIBIT B Construction Requirements EXHIBIT C Recapture Terms EXHIBIT D Opinion of Counsel EXHIBIT E Disbursement Terms EXHIBIT F Payment Requisition Fonn EXHIBIT F -1 Financial Condition Documentation EXHIBIT Fat, F -2A Project Cost & Completion Documentation EXHIBIT G Non - Discrimination and Affirmative Action Policy EXHIBIT H Employment Reporting Form EXHIBIT I Special Provisions DRAFT EXHIBIT A: GENERAL PROJECT PLAN See. Materials Attached � NWIMI I i.iiCi�iTli Ci7aTxi....... Buffalo- RESTORE 111 - Commercial & Mixed Use Center -- Avant, Project #W848 The following Unconditional Waiver and Release requirements shall be furnished to ESDC for approval for work performed and materials furnished in the form of Exhibit B -1, B-2, B -3, B -4, and B -5, as applicable. B -1 Certification of Work Performed B -2 Unconditional Waiver and Release — Architect B -3 Unconditional Waiver and Release ---- Engineer B -4 Unconditional Waiver and Release — Construction Manager B 75 Unconditional Waiver and Release — General Contractor L)17VM CERTIFICATION OF WORK PERFORMED Please complete the table below with the names of all primary contractor, architect, engineer, construction manager businesses or individuals working on this project and the total expenses incurred for this payment request. Sub - contractor information is not required. CERTIFICATION The information included herein is correct to the best of my knowledge and belief. Signature. Date: Print Name and Title: Any false statement herein may cause the borrower or grantee to be in default ender its grant disbursement agreement with ESDC. "Total amount should match the amount listed in Exhibits F & Fa2. �c I'1 �l The undersigned (the "Architect ") has been paid and has received full payment for all services furnished by Architect and /or employees or others acting for Architect or claiming by, through or under Architect through (Date) on the job of located at to (Owner) (Job Description) Architect represents and warrants that Architect and all persons and entities acting for or claiming by, through or under Architect have fully performed and furnished all services to have been performed or furnished by Architect and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Architect does hereby release for itself and any party or entity action for Architect or claiming by, through or under Architect, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The Architect further agrees to reimburse and does hold harmless and fully indemnify ESDC its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Architect or by any person or entity acting for or claiming by, through or under the Architect, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. IM (Signature) SEAL (Company Name) Unconditional Wavier/6-06 DRAFT �» �._ Vii' %,.: _.��_ ���:�'_,�,. ", �•, The undersigned (the "Engineer ") has been paid and has received full payment for all services furnished by Engineer and/or employees or others acting for Engineer or claiming by, through or under Engineer through (Da te) on the job of located at to (Owner) (.lob Description) Engineer represents and warrants that Engineer and all persons and entities acting for or claiming by, through or under Engineer have fully performed and furnished all services to have been performed or furnished by Engineer and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Engineer does hereby release for itself and any party or entity action for Engineer or claiming by, through or under Engineer, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The Engineer further agrees to reimburse and does hold harmless and fully indemnify ESDC its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Engineer or by any person or entity acting for or claiming by, through or under the Engineer, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Date: SEAL (Signature) (Company Name) UncondWonal WaiveriMB DRAFT .:`. � The undersigned (the "Construction Manager ") has been paid and has received full payment for all labor, services, equipment or material furnished by Construction Manager and/or subcontractors, suppliers, material, men, laborers, employees or others acting for Construction Manager or claiming by, through or under Construction Manager through to (Date) on the job of located at ( Owne r) (Job Description) Construction Manager represents and warrants that Construction Manager and all persons and entities acting for or claiming by, through or under Construction Manager have fully performed and furnished all labor, services, equipment or material to have been performed or furnished by Construction Manager and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Construction Manager does hereby release for itself and any party or entity action for Construction Manager or claiming by, through or under Construction Manager, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other parlay has or may have with respect to the above referenced job. The Construction Manager further agrees to reimburse and does hold harmless and fully indemnify ESDC its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Construction Manager or by any person or entity acting for or claiming by, through or under the Construction Manager, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Date: (Signature) NOTORIZED (Company Name) unconditional Waiver/5-06 DRAFT q)1V The undersigned (the "General Contractor ") has been paid and has received full payment for all services furnished by General Contractor and/or employees or others acting for General Contractor or claiming by, through or under General Contractor through (Date) to on the job of (Owner) located at (Job Description) General Contractor represents and warrants that General Contractor and all persons and entities acting for or claiming by, through or under General Contractor have fully performed and furnished all services to have been performed or furnished by General Contractor and/or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The General Contractor does hereby release for itself and any party or entity action for General Contractor or claiming by, through or under General Contractor, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The General Contractor further agrees to reimburse and does hold harmless and fully indemnify ESDC its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the General Contractor or by any person or entity acting for or claiming by, through or under the General Contractor, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Mw- (Signature) • A� _r (Company Name) €Jnconditimal Waiver /5 -08 DRAFT If the Grantee is not the owner of the Project, then the Grantee shall prohibit, for five years from the date of the initial disbursement of Grant funds, any transfer of the Project in whole or in part, by sale, lease, or conveyance of any interest in or with respect to the Project except (a) transfers of minor interests in the Project site, such as utility easements and limited rights-of-way, and (b)(i) the arms - length basis sale or lease of individual condominium units in the ordinary course of business for a condominium development and (ii) the arms- length basis residential or commercial lease in the ordinary course of business for a commercial, residential, or mixed -use rental development. In the event that such a prohibited transfer occurs within such five -year period, the Grantee shall pay to ESDC, promptly upon ESDC's written demand therefor, the applicable amount (the "Recapture Amount ") indicated below. The Recapture Amount is based on the time that has lapsed between when the Grant funds were disbursed and when the transfer occurred. The Recapture Amount shall be calculated by aggregating the Recapture Amount for each disbursement of the Grant, which in each instance shall be equal to: (i) 100% of the disbursed amount if the transfer occurred in the calendar year that the disbursement vitas made, or in the first full calendar year after the disbursement was made; (ii) 80% of the disbursed amount if the transfer occurred in the second full calendar year after the disbursement was made; (iii) 60% of the disbursed amount if the transfer occurred in the third full calendar year after the disbursement was made, (iv) 40% of the disbursed amount if the transfer occurred in the fourth full calendar year after the disbursement was made, (v) 20% of the disbursed amount if the transfer occurred in the fifth full calendar year after the disbursement was made. r �J S ' WI EXHIBIT D: OPINION OF COUNSEL [Letterhead of Counsel to the Grantee] [Date] Empire State Development Corporation 95 Perry Street, Suite 500 Buffalo, New York 142033030 Attn: .lean Bly Re: Buffalo - RESTORE Ill - Commercial & Mixed Use Center — Avant, Project #W848 Ladies and Gentlemen: We have acted as special counsel to City of Buffalo, a municipality (the "Grantee "), in connection with the execution and delivery of the Grant Disbursement Agreement dated [Date of Agreement] (the "Agreement ") between New York Mate Urban Development Corporation d /b /a Empire State Development Corporation ( "ESDC ") and the Grantee. This opinion letter is being furnished to you at our client's request pursuant to Section 3(a) of the Agreement. Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Agreement. In rendering the opinions set forth herein, we have examined originals, or copies certified or otherwise identified to our satisfaction, of such documents, corporate records and other instruments as we have deemed necessary or appropriate for the purposes of this opinion letter, including (a) the Agreement, (b) the certificate of incorporation of the Grantee and (c) the by-laws of the Grantee. We have also examined and relied upon such other matters of law, documents, certificates of public officials and representations of officers and other representatives of the Grantee as we have deemed relevant, appropriate or necessary to the rendering of our opinions. In rendering the opinions expressed below, we have assumed the legal capacity of all natural persons signing documents and that the signatures of persons signing all documents in connection with which this opinion letter is rendered are genuine, all documents submitted to us as originals or duplicate originals are authentic and all documents submitted to us as copies, whether certified or not, conform to authentic original documents. Additionally, we have assumed and relied upon the accuracy and completeness of all certificates and other statements, documents, records, financial staternernts and papers reviewed by us, and the accuracy and completeness of all representations, warranties, confirmations, schedules and exhibits contained in the Agreement, with respect to the factual matters set forth therein. As to any facts material to the opinions expressed herein that we did not independently establish or verify, we have relied upon oral or written statements and representations of officers and other representatives of the Grantee and of certain public officials. We have also assumed and relied upon the accuracy and completeness of all certificates and other statements, representations, documents, records, financial statements and papers reviewed by us, and the DRAFT accuracy and completeness of all representations, warranties and exhibits contained in the Agreement with respect to the factual matters set forth therein. Based upon the foregoing and subject to the assumptions, qualifications and other matters set forth herein, we are of the opinion that: 1. The Grantee is validly existing and in good standing under the laws of the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder. 2. The Agreement has been duly authorized, executed and delivered by the Grantee and (assuming its due authorization, execution and delivery by ESDC) is binding on and enforceable against the Grantee in accordance with its terms, subject to applicable bankruptcy, insolvency reorganization, arrangement, liquidation, moratorium, fraudulent conveyance or transfer and other similar laws relating to or affecting creditors' nights generally from time to time in effect and to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law), and except as rights under the Agreement to indemnity and contribution may be limited by federal or state laws. We are admitted to practice in the State of New York and we express no opinion as to any matters governed by any laws other than the laws of the State of New York. The opinions expressed herein that are based on the laws of the State of New York are limited to the laws generally applicable in transactions of the type covered by the Agreement. This opinion letter is for the benefit solely of ESDC and not for the benefit of any other person. We are opining herein only as of the date hereof and we undertake no, and disclaim any, obligation to advise you of any changes in any matter set forth herein, regardless of whether changes in such matters come to our attention after the date hereof. No attorney- client relationship exists or has existed with ESDC by reason of our preparation, execution and delivery of this opinion letter. By providing this opinion letter and permitting reliance hereon by you, we are not acting as your counsel and have not assumed any responsibility to advise you with respect to the adequacy of this opinion letter for your purposes. This opinion letter may not be relied upon by any other person or for any other purpose or used, circulated, quoted or otherwise referred to for any other purpose. Very truly yours, DRAFT EXHIBIT E: DISBURSEMENT TERMS Disbursement Upon compliance with the terms of this Agreement, and receipt of the fees as set forth below, ESDC shall disburse the Grant to the Grantee as follows: Fees due: Reimbursement for out-of-pocket expenses $913.99 Up to $2,000,000 will be disbursed to the Grantee upon completion of the project substantially as described in Exhibit A and documentation of project costs totaling $80,298,211, provided Grantee is otherwise in compliance with the terms and conditions of this Agreement. Payment will be made upon presentation to ESDC of an invoice and such other documentation as ESDC may reasonably require, in the forms attached to this Agreement as Exhibits B and F and their attachments. Expenditures must be incurred on or after May 4, 2009 to be considered reimbursable project costs. Previously expended funds may be applied toward match requirements. Wire Transfer Information: If ESD assistance is $50,000 or greater, please provide: A letter from a financial officer of City of Buffalo certifying to the accuracy of the following information: Bank Name: ABA #: Acct. Name: Acct. #: DRAFT EXHIBIT F: CAPITAL GRANT PAYMENT REQUISITION FORM Note to Grantee: Do not re -type this form. Fill in only the version included in the executed GDA, Ms. Jean Bly, Project Manager Empire State Development Corporation 95 Perry Street, Suite 544 Buffalo, New York 14203 -3030 RE: Buffalo- RESTORE I11- Commercial & Mixed Use Center — Avant, Project ##W848 Dear Ms. Bly: Enclosed please End our request .for payrnent/rehubursement, in the amount of $ ESDC funds may be applied by Grantee in payment or reimbursement of the following costs: Minimum Expense Incurred (per Exhibit E) $80,298,211 A: Actual Costs C: Cumulative D: Grant A1110LUIt Eligible Expenses Incurred (this B: ESDC Share Amount Previously (Cumulative if ntulti- (this request) E: (D -C -13) Grant request) Received from ESDC year grant} Balance Remaining Building Renovations $2,000,000 TOTAL S2,fl0o,Dfl0 CERTIFICATION I hereby warrant and represent to the Empire State Development Corporation ( "ESDC ") that: I ) To the best of my knowledge, information and belief, the expenditures for which City of Buffalo is seeking payment and/or reitnburseinclit comply with the requirements of the Agreement between ESDC and City of Buffalo, are eligible expenses, and that the payment and/or reimbursement of expenditures for which it is seeking payment and /or reimbursement fi•orn ESDC does not duplicate reimbursement or disbursement of costs and/or expenses from any other source. These Endings will be subject to audit by ESDC's Internal Audit Department 2) 1 have the authority to submit this invoice on behalf of City of Buffalo. The project, or portion thereof for which this invoice relates, has been completed in the manner outlined in the Agreement. 3) I hereby attach the following documents for ESDC approval, in support of this requisition: Exhibit B: ESDC Construction Requirements (required with every payment request) Exhibit P -2: Project Cost & Completion Affidavit (required with every payment request) 4) There has been no adverse material change in the financial condition of the Grantee, except as disclosed in writing to ESDC, from the date of submission of the Application to the date hereof, Signature: Date: i J Print Name: Title: DRAFT EXHIBIT F-1: FINANCIAL CONDITION DOCUMENTATION c Intentionally Deleted DRAFT NEW YORK STATE URBAN DEVELOPMENT CORPORATION dlbla EMPIRE STATE DEVELOPMENT CORPORATION Buffalo- RESTORE III - Commercial & Mixed Use Center — Avant, Project Number W848 EXHIBIT F -2 PROJECT COST & COMPLETION AFFIDAVIT STATE OF NEW YORK ) ss.. COUNTY OF ) The Undersigned, being duly sworn, deposes and says: I. 1, , am the of (the "Municipality "), a city that is duly organized and validly existing under the laws of the State of New York. 2. 1 have read and know the contents of a certain Grant Disbursement Agreement (the "Agreement ") executed by and between New York State Urban Development Corporation d/b /a Empire State Development Corporation ( "ESD ") and the Municipality dated the day of , 20_. 3. After having read and reviewed the Agreement, invoices and payments relating thereto, staterents of cost and equity, and such other documents as I consider necessary to render the certifications contained herein, I do certify, both individually and on the Municipality's behalf, that the costs for the project were incurred in the manner set forth in the Agreement and the total cost of the project was equal to or greater than Dollars ($ .This amount includes the Municipality's match portion that is equal to or greater than ten percent of the total grant amount ($2,000,000)" in the form of ffor example; municipal equity, project location owner's equit) federal/state/local grants (name the grants), etc.]. 4. 1 certify that that there are no liens or claims established with respect to the proceeds of this grant. Exhibit A. I further certify that this project is substantially completed as described in the General Project Plan in 6. 1 make this affidavit and the certifications contained herein to induce ES.D to disburse the grant under the terms of the Agreement, knowing that ESD will rely on the statements contained herein. 1 am aware that the swearing of a false oath is a Class A misdemeanor and may be a Class E felony. Signature Subscribed and sworn to before me this day of 20 Notary Public 1 53 '11 Exhibit F-2A Documentation of Project Casts Project Cost Summary f ©r ESDC- Eligible Expenses \ 0 Intentionally Deleted DRAFT EXHIBIT G: NON - DISCRIMINATION AND AFFIRMATIVE ACTION POLICY It is the policy of the State of New York and ESDC, to comply with all federal, State and local law, policy, orders, rules 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 to ensure that Minority and Women-owned. Business Enterprises (M /WBEs), Minority Group Members and women share in the economic opportunities generated by ESDC's participation in projects or initiatives, and/or the use of ESDC funds. Tire recipient of State funds represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: 1) Grantee shall (i) not unlawfully discriminate against employees or applicants for employment because ofrace, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and (ii) undertake or continue existing programs of affirmative action to ensure that Minority Group Members and women are afforded equal employment opportunities. Such action shall be taken with reference to, but not limited to, solicitations or advertisements for employment, recruitment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. 2) Grantee represents and warrants that, for the duration of the Agreement, it shall furnish all information and reports required by the ESDC Affirmative Action Unit and shall permit access to its books and records by ESDC, or its designee, for the purpose of ascertaining compliance with provisions hereof. NON - DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS Affirmative Action Shall rncaui the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non- discrimination and Minority /Women -owned Business Enterprise and minority /female workforce participation. Minority Business Enternrise ("MBE" Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty -one percent (51 %) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing; (iii) an enterprise in which such minority ownership has and exercises the authorityto control and operate, independently, the day -to -day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Mitrority.Gr©urlr Member Shall rnean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons hawing origins in any of the original peoples of North America, Women - owned Business Enterprise ("WBE" ) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty -one percent (51 %) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing; (iii) an enterprise in which such wornen ownership has and exercises the authority to control and operate, independently, the day -to -day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman- owned. .z), DRAFT EXHIBIT H: REPORT OF EMPLOYMENT Intentionally Deleted DRAFT EXHIBIT I: SPECIAL PROVISIONS In the event of any conflict between Exhibit.A of this Agreement and any other provisions of this Agreement, the terms of such other provisions shall govern. With respect to private developers that are sub - grantees of the Grantee, transfers (a) between the private development entity and its principals, the members of a principal's immediate family, or an affiliate owned and controlled by a principal or (b) between an individual developer and such developer's immediate family members, or an affiliate owned and controlled by the individual developer, such transfers will not trigger the recapture provisions of Exhibit C, provided, however, that subsequent transfers by such persons to unrelated third parties (e.g., persons who are neither principals of the private development entity, members of principal's or individual developer's immediate family, nor an affiliate owned and controlled by a principal or the individual developer) remain subject to the recapture requirements set forth in Exhibit C. The following sections of the Terms and Conditions of this Agreement are waived: Section 2; Section 3(c); the reference to "Exhibit H" in Section 4(a); Section 7(i); Section 8(a)(iv), and Section 8(a )(vii)." B. Buffalo - RESTORE III — Commercial & Mixed Use Center (W848) December 18, 2009 General Project Plan Grantee: City of Buffalo ("Buffalo" or the "City") ESD Investment: A grant of up to $2,000,000 to be used for a portion of renovation costs of Thaddeus J. Dulski Federal Office Building, now known as Avant ( "Avant" or the "Building "). Project Location: 200 Delaware Avenue, Buffalo, Erie County NYS Empire Zone (or equivalent): Buffalo Empire Zone Project Completion: July 2009 Grantee Contact: Project Team: Project Description: Sandra A. Miller, Director, Special Projects Office of Strategic Planning 920 City Hall Buffalo, NY 14202 Phone: (71.6) 551 -5035 Project Management Affirmative Action Environmental Fax: (716) 842 -6942 Jean Bly Helen Daniels Soo Kang Background The City, incorporated in 1832, is located in Erie County in Western New York State. The City is approximately 41 square miles in area and its current population is approximately 280,000. At the turn of the twentieth century, Buffalo was the eighth most populous city and hosted the fifth largest economy in the United States. The City, which is located at the western terminus of the Erie Barge Canal, became known as the "Queen City" of the Great Lakes. It developed as a major transportation hub and contained a vibrant industrial base, which produced innovations in energy, chemicals and aeronautics. As a result of shifts in transportation trends and a decline of its industrial base, Buffalo's population has decreased by over 50% since the 1950's. Moreover, Buffalo suffers from high unemployment and poverty levels. In January 2006, the City adopted a Comprehensive Plan (the "Plan ") to revitalize the City's neighborhoods. The Plan, consisting of five Strategic Investment Areas in the City, includes the demolition and /or redevelopment of blighted propedies to enable Buffalo to use these spaces for housing development, commercial development and land banking for future use. l B. Buffalo d RESTORE III a Commercial & Mixed Use Center (W848) December 18, 2009 Buffalo and UniQuest identified a need, which was consistent with the Plan, to renovate the vacant Building into a 150 -room full service hotel, 28 condominium units and 128,000 - square -feet of Class A office space. UniQuest Delaware, LLC (:`UniQuest ") was formed in 2006 as a joint venture partnership between two commercial real estate development companies, Uniland Development Company ( "Uniland ") and Acquest Development Company LLC ( "Acquest "), for the sole purpose of acquiring and redeveloping the Building, located in the heart of the City's downtown government and business district. In 2008, Uniland purchased Acquest's interest in the Building. Avant, constructed in 1971 as a federal office building, is a fifteen - story, 470,000- square- foot facility, which housed more than 2,000 employees from various federal governmental agencies until late 2005 when the Building was closed due to asbestos and PCB contamination. The City and UniQuest advised ESD that it lacked the financial resources to complete a Building renovation project. ESD Directors approved $11 million in grants for UniQuest on July 23, 2009 to assist with renovation costs for the hotel, restaurant and office components of the project. Previously, ESD Directors approved a $3 million RESTORE I grant to Buffalo on March 15, 2007, which assisted the City with the demolition and site clearing of at least 208 single - family homes and one commercial property; a $5;072,000 RESTORE II grant on April 17, 2008, to assist the City with the demolition and site clearing of up to 725 single - family homes; and a $4,500,000 grant on July 17, 2008, to assist with interior and exterior building renovations to the former Trico Building on the Buffalo Niagara Medical Campus. In September 2009, Buffalo received a $14.32 million RESTORE III award, including $7,635,526 for the demolition and site clearing of up to 472 single - family homes and 5 commercial structures and $6,684,474 for commercial and mixed use urban center rehabilitation ( "Commercial ") projects. This request is for $2 million of the Commercial allocation for Avant renovation. The remainder of RESTORE III funding will be brought before Directors at a later date. The Project The $80,298,331 project involves the acquisition and complete renovation of the Building including asbestos, PCB, and lead abatement and removal; dismantlement of all interior walls and exterior concrete -panel facade to its structural -steel skeleton; installation of a glass and metal exterior fa .9ade; installation of state-of-the-art plumbing, electrical, and HVAC elements; and interior reconstruction into hotel, condominium and office space. The lower seven floors will be comprised of a 150 -room Embassy Suite hotel (the "Hotel ") featuring all -suite and upscale accommodations; 128,000 - square -feet of Class A office space on the middle five floors with the Buffalo law firm of Damon & Morey LLP leasing floors eleven and twelve for a 15 -year term; and high -end condominiums on the three uppers floors, with dwellings prices ranging from $400,000 to over $1.5 million. The Building will also feature a restaurant on the ground floor; a two -story atrium /lobby; and terraces on the residential 2 B. Buffalo m RES'T'ORE III - Commercial & Mixed Use Center (W848) December 18, 2009 floors. The Hotel will be operated by UniQuest Hospitality LLC, an affiliate of UniQuest. UniQuest utilized the most efficient and environmentally - friendly materials and systems in the design and reconstruction of the Building. Approximately 6,343 tons of concrete exterior panels, 570 tons of interior concrete and brick, 200 tons of steel and heavy metal, and 10 tons of aluminum were removed from the Building and recycled; low reflectivity glass with high transparency and energy efficiency was utilized; state-of-the-art heating and cooling systems will use less electricity, natural gas and water and are expected to reduce air and wastewater system emissions by 35 %; and interior features were chosen with "green goals in mind. Various certifications under LEED and Green Globe, afnong others, are currently under consideration:. The project is financed by ESD's grants, loans from Wells Fargo Bank and New York State Energy Research and Development Authority and UniQuest equity. UniQuest managed the project which was complete in July 2009. Damon & Morey LLC took occupancy in June 2009; the Hotel opened in July 2009; Capello Salon established operations in August 2009; and condominiums have entered the housing market, Financing Uses Amount Financing Sources Amount Percent Building Acquisition & Renovation Costs $73 '634,296 ESD- RESTORE Grant (W848) ESD -EDF Grant (V784) $2,000,000 4,200,000 2.49% 5.23% Soft Costs 6,664,035 ESD -EOF Grant (V806) 1,885,000 2.35% ESD -UCDP Grant (V785) 4,914,000 6.12% Wells Fargo Bank Loan` 50,000,000 62;27% NYSERDA Stuart Loan ** 1,000,000 1.25% Grantee Equity*** 16,298,331 20.30% Total Project Costs $80,298,331 Total Project Finanei t $80,2}8,331 100 .00% LIBOR +250/30 mos ifiwo 12 mos extensionsll" on RE & M &E. Recorded mortgage is $52.5 million. Loan will be reduced by $2.5 million when EDF, EOF and UCDP grant finds are disbursed. 5.5%/10 yrs /2nd lien on other RE. 2"' mortgage in the anrount of $700,000 and assignment of rents and leases at 3356 Walden Avenue, Depew; and 2"' mortgage in the amount of $300,000 and assignment of rents and leases at 6044 Main Street, Williamsville. *'*Grantee Equity provided by UniQuest 91 ] f� B. Buffalo - RESTORE Ili - Commercial & Mixed Use Center (W844) December 18, 2009 Financial Terms and Conditions. At the time of disbursement, the City will reimburse ESD for all out -of- pocket expenses incurred in connection with the project. 2. The City will be obligated to advise ESD of a materially adverse change in its financial condition prior to disbursement. 3. The City will ensure the contribution of at least a 10% match of the grant amount to the Project. 4. Up to $2,000,000 will be disbursed to Grantee upon completion of the project substantially as described in these materials; documentation of project costs totaling $80,298,211; and compliance with the Governor's protocol which requires that a. labor peace agreement be in place, assuming that all project approvals have been completed and funds are available. Payment will be made upon presentation to ESD of an invoice and such other documentation as ESD may reasonably require. Expenditures must be incurred on or after May 4, 2009 to be considered reimbursable project costs. Previously expended funds may be applied toward match requirements retroactive to .Tune 23, 2006, when the Restore New York Legislation was enacted. 5. ESD may reallocate the project funds to another form of assistance, at an amount no greater than $2,000,000, for this project if ESD determines that the reallocation of the assistance would better serve the needs of the City and the State of New York. In no event shall the total amount of any assistance to be so reallocated exceed the total amount of assistance approved by the Directors. 6. If the Grantee is not the owner of the Project, then the Grantee shall prohibit, for five years from the date of the initial disbursement of Grant fiends, any transfer of the Project in whole or in part, by sale, lease, or conveyance of any interest in or with respect to the Project except (a) transfers of minor interests in the Project site, such as utility easements and limited rights -of -way, and (b)(i) the arms- length basis sale or lease of individual condominium units in the ordinary course of business for a condominium development and (ii) the arms - length basis residential or commercial lease in the ordinary course of business for a commercial, residential, or mixed -use rental development. In the event that such a prohibited transfer occurs within such five-year period, the Grantee shall pay to ESD, promptly upon ESD's written demand therefor, the applicable amount indicated below The Recapture Amount is based on the time that has lapsed between when the Grant funds were disbursed and when the transfer occurred. The Recapture Amount shall be calculated by aggregating the Recapture Amount for each disbursement of the Grant, which in each instance shall be equal to: 4 IQ B. Buffalo - RESTORE III - Commercial & Mixed Use Center (W848) December 18, 2009 (i) 100% of the disbursed amount if the transfer occurred in the calendar year that the disbursement was made, or in the first full calendar year after the disbursement was made; (ii) 80% of the disbursed amount if the transfer occurred in the second full calendar year after the disbursement was made; (iii) 60 %© of the disbursed amount if the transfer occurred in the third full calendar year after the disbursement was made; (iv) 40% of the disbursed amount if the transfer occurred in the fourth full calendar year after the disbursement was made; (v) 20 % of the disbursed amount if the transfer occurred in the fifth full calendar year after the disbursement was made. Environmental Review: The Directors made a Determination of No Significant Effect on the Environment for the project at their meeting of July 23, 2003. This determination addressed all aspects of the project. Therefore, no further environmental review is required in connection with this action. Statutory Basis — Restore NY Communities: Land Use Improvement Project Findings 1. The area in which the moiect is to be located is a substandard or insanitary area, or is in dan er of becoming a substandard or insanitary area and tends to impair or arrest sound growth and development of the municipality. The project is located in a blighted neighborhood and involves the renovation of a significantly vacant commercial structure, which has been deemed by the City to arrest sound growth and development in the area. 2. The proicet consists of a plan or - undertaking for the clearance re lannin reconstruction and rehabilitation of such area and for recreational and other facilities incidental or annurtenant thereto. The Plan includes the rehabilitation of commercial areas in the City's neighborhoods for reuse, allowing for a potential increase in the local tax base. 3. The plan or undertaking affords maximum opportunity for participation by rivate enterprise consistent with the sound needs of the municipality as a whole. The City published a property assessment list and held a public hearing on the project at the time of application. UniQuest bid the project in accordance with local municipal laws. 4. The requirements of Section 10 of the Act are satisfied. There are no families or individuals displaced from the project area. December 18, 2009 Buffalo (Erie County) — Buffalo — RESTORE III — Commercial and Mixed Use Center — Restore Communities 09-10 Capital Project— Determination of No Significant Effect on the Environment RESOLVED, that based on the material submitted to the Directors with respect to the Buffalo - RESTORE III - Commercial and Mixed Use Center Project, the Corporation hereby determines that the proposed action will not have a significant effect on the environment. M # 1 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 2, 2011 FROM : DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Lease Agreement — Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center for use of 902 -904 Tonawanda Street (North District) PRIOR COUNCIL REFERENCE: Ex. {Item No. xxx, C.C.P. xx/xx /xx) TEXT: TYPE SINGLE SPACE BELOW The Office of Strategic Planning, Division of Real Estate has received a request from Lawrence Pernick, Executive Director of the Northwest Buffalo Community Center requesting to renew the lease agreement for the Munchkinland Day Care Center to use of 902-904 Tonawanda Street. The Northwest Buffalo Community Center, Inc., Munchkinland Day Care Center lease agreement expired on September 30, 2010. They are currently being treated as a month to month tenant under the terms and conditions of the expired lease. The Munchkinland Day Care Center is a NYS Licensed Day Care Center which provides developmentally age appropriate activities to children between the ages of 6 months and 12 years. The activities are designed to meet the interests, needs and capabilities of each child and are implemented by a caring and qualified staff. In addition they also provide nutritionally sound meals and snacks. The hours and days of operation are Monday -- Friday 7 :15 a.m. -- 6:16 p.m. Their request for a lease was forwarded to the Department of Public Works, Parks and Streets, Audit and Control & the Department of Community Services and there were no objections. The Office of Strategic Planning is requesting Your Honorable Body to approve a three -year lease agreement commencing October 1, 2010 and terminating on September 30, 2013 all other terms and conditions of said lease agreement shall remain the same including but not limited to the following: 1. The annual rent shall be $1.00. 2. Lessee agrees to assume and pay all maintenance costs, including costs of heating, lighting, water and sewer rental charges against the leased premises and pay promptly as same shall become due. 3. The Lessee will be responsible for the cost of the garbage user fee for the premises, if required. 4. Lessee will hold the City harmless of and from any and all liability of whatever name and nature in amounts to be determined by the City Law Department. 5. The lease may be cancelled at any time by either party by giving at least a 30 day notice in writing to the other. �t Multiple Page Communication to the Common Council Page 2 March 2, 20111 This office recommends that Your Honorable Body approve this lease agreement for a three (3) year period commencing on October 1, 2010 terminating on September 30, 2013. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents for said lease agreement and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH: pig CLEASEmunchkiniand .John P. Hannon, Jr. Director of Real Estate Office of Strategic Planning l *J Mr. Fontana moved: That the above communication from the Director of Real Estate, Office of Strategic Planning, dated March 2, 2011, be received and filed.; and That the Acting Corporation Counsel be authorized to prepare and the Mayor be authorized to execute a three -year lease agreement between Northwest Buffalo Community Center, Inc., "Munchkinland Daycare Center," for the use of 902.904 Tonawanda. Street for the period of October 1, 2010 through September 30, 2013 upon the terms and conditions contained in the above item and such other and further non - material terms and conditions as required by the Acting Corporation Counsel. Passed TAB:rrnv tAwp601mswvar& ntv16c3 -8aadm *AYE *NO aj � 5 s 2/3- 6 3/4— 7 '� FROM THE COMPTROLLER March 8, 2011 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 3, 20.11 FRONT: DEPARTMENT: Audit & Control DIVISION: Comptroller - - - - -- SUBJECT: [: 2010 -2011 Second (quarter Gap Sheets Report PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: We have reviewed the Administration's 2010 -2011 Second Quarter Gap Sheets Report (Gap Report) and are filing our review and summation as required under the City's Charter. The Gap Report projects a $1.28 million surplus for the current year ending June 30, 2011 based on projections for the period January 1, 2011 — June 30, 2011. The anticipated timing of certain receipts and certain expenditures are unknown to my office. As such, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration. Specifically, the revenue items that are trending as exceptions from the adjusted budget are increases in utility revenue, offset by decreases in state aid (anticipated), sales tax, and Medicare part D. Expenditure items that are not on target with the budget are utilities, offset by positive variances to budget in personnel services, and services. Based on our analysis of historical information, as applied to balances as reported as of and for the period from duly 1, 2010 through December 31, 2010, there are certain revenues and expenditures where our trend analysis differs from what is reported in the Gap Report. Such trends, if they continue, will result in an operating deficit for the year ending June 30, 2010. 1 understand that the timing of such transactions is based on future events and historical trends and while useful in performing a reasonableness test, is not necessarily a fair measure of what is expected to occur in the next six months. As such, our office will be performing a much more detailed analysis of the 3rd Quarter Gap Sheets report as this report will provide more complete data. We caution you that changes may still occur over the next six months that could affect fund balance. Department Head Name: Andrew A• SanFili o Title: Signature of Department Head: F 7 7-- 7 -f FSPEC I AL -� � ��l'i W 9 k az� ti S 8 00404.9 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF $12,825,000 GENERAL IMPROVEMENT REFUNDING SERIAL BONDS-2011A AND $21,825;000 SCHOOL REFUNDING SERIAL BONDS -2011B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $34,650,000, OF THE CITY OF BUFFALO, NEW YORK. AND PROVIDING FOR THEIR PRIVATE SALE. I, ANDREW A. SANFILIPPO, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, HEREBY CERTIFY that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City pursuant to the Refunding Bond Resolution duly adopted and as set forth in Section 1 hereof and subject to the limitations prescribed in said resolution, I have made the following determinations: (a) Authorization Principal Amount, Schedule and Designation. (a) The $7,195,000 outstanding principal amount of General Improvement Serial Bonds - 1999 -A issued on February 25, 1999 and maturing in each of the years 2013 -2018, inclusive; and the $5,620,000 outstanding principal amount of General Improvement Serial Bonds- 2001 -A issued on May 3, 2001 and maturing in each of the years 2013 -2021, inclusive; (said outstanding bonds referred to hereinafter as the "Prior General Improvement Bonds ") issued pursuant to various bond resolutions adopted by the Common Council of the City on their respective dates, authorizing the issuance of serial bonds of said City for various purposes in and for the City, shall be refunded by the issuance of $12,825,000 General Improvement Refunding Serial Bonds- 2011A (the "2011A Bonds "), authorized pursuant to the Refunding Bond Resolution duly adopted by the Common Council of said City on November 30, 2010, (the "Resolution "), entitled: "Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of said City, stating the plan of financing, appropriating an amount not to exceed $77,000,000 therefor, 924531.1 034925 C-iT sl f '� authorizing the issuance of $77,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative; thereto." (b) The $4,825,000 outstanding principal amount of School Serial Bonds - 2001 -B issued on May 3, 2001 and maturing in each of the years 20132021, the inclusive; $14,920,000 outstanding principal amount of School Serial Bonds -2001D issued on December 27, 2001 and maturing in each of the years 2012 - 2016, inclusive; and the $2,240,000 outstanding principal amount of School Serial Bonds- 2002 -B issued on May 16, 2002 and maturing in the year 2016 (said outstanding bonds referred to hereinafter as the "Prior School Bonds ", together with the Prior General Improvement Bonds, the "Prior Bonds ") issued pursuant to various bond resolutions adopted by the Common Council of the City on their respective dates, authorizing the issuance of serial bonds of said City for various purposes in and for the City, shall be refunded by the issuance of $21,825,000 School Refunding Serial Bonds-2011B (the "2011B Bonds ", together with the 2011A Bonds, the "Refunding Bonds" or the `Bonds ") authorized pursuant to refunding bond resolution referred to in the preceding paragraph. (c) The 2011A Bonds shall mature on December 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: RECEIVED I NJ 924531.1 034925 CHT Interest Maturity Amount Rate 2011 $ 100,000 3.00% 2012 4,260,000 3.00 2013 4,280,000 4.00 2014 1,315,000 3.00 2015 1,320,000 3.00 2016 515,000 3.25 2017 505,000 3.50 2018 180,000 4.00 2019 175,000 4.00 2020 175,000 4.00 (d) The 2011 B Bonds shall mature on December 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: Interest Maturity Amount Rate 2011 $ 105,000 3.00% 2012 3,190,000 3.00 2013 3,300,000 4.00 2014 3,455,000 5.00 2015 3,635,000 5.00 2016 6,035,000 5.00 2017 490,000 4.00 2018 510,000 4.00 2019 545,000 4.00 2020 560,000 4.00 2. Present Value Savings The present value savings to be realized through the refunding of the Prior Bonds is set forth in the final refunding financial plan attached hereto as Appendix A. 3 Issue Date The Bonds shall be dated March 8, 2011. The date of each Bond shall appear on the face thereof following the caption "Date of Original Issue ", and each Bond shall bear interest from such date. 4 Interest Rate, and Dates and „Medium pf Payment The Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable June 1, 2011, 9 4531.1 034925 C 1T 6 () December 1, 2011 and semi- annually thereafter on June 1 and December 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest thereon shall be paid by wire transfer or in clearinghouse funds on each interest payment date, payable to the person in whose name the Bond is registered at his address shown upon the books of the City kept for that purpose at the offices of Manufacturers and Traders Trust Company, Buffalo, New York as fiscal agent (the "Fiscal Agent "), as of the close of business on the fifteenth day of the month preceding each interest payment date. 5. Bonds Subject to O tional Redemption. The Bonds will not be subject to redemption prior to maturity. 6. Bond Insurance Payment of principal of and interest on the Bonds maturing in each of the years 2017 through 2020, inclusive, will be insured by a Municipal Bond Insurance Policy to be issued by Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.), ( "AGM "), simultaneously with the delivery of the Bonds. The amount payable to AGM, as premium for the policy on the Bonds will be paid to AGM from the proceeds of the Bonds at the closing on March 8, 2011. 7, Denominations Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof. The General Improvement Refunding Bonds -2011A shall be lettered AR, and shall be numbered separately from one (1) consecutively upward in the order of their issuance. The School Refunding Serial Bondsn201IB shall be lettered BR, and shall be numbered separately from one (1) consecutively upward in order of their issuance. All of the Bonds shall be transferable and exchangeable as provided herein. 4 924531.1 034925 CHT Book Entry System The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond certificate will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Beneficial owners of the Bonds will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated August 15, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or 5 924531.1 034925 CHT s reviewing the records maintained by DTC, its participants or persons acting through such participants. 9. Discontinuance of Book Entr S stem. In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners name. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 10. Fiscal Agent Manufacturers and Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York. 11. Execution of Bonds The Bonds shall be executed in the name of the City by the manual signature of the City Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 12. Transfer of Bonds Each Bond shall be transferable, only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent 6 �� 924531.1 034925 CHT 0 duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee or the registered owner a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 13. Regulations With Respect to the Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the Fiscal Agent may make a charge sufficient to reimburse the City for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. 7 924531.1 034925 CHT 14. Sale of Bonds The Bonds are hereby sold at private sale to Sterne, Agee & Leach, Inc., New York, New York, as Representative in the Purchase Contract dated February 16, 2011 between said Representative and the City, for the purchase price of $36,282,087.30 to the date of delivery of and payment for the Bonds (March 8, 2011). The aggregate initial offering price for the Bonds will be $36,438,677.55. plus said accrued interest. Pursuant to Section 90.10 of the Local Finance Lave, constituting Chapter 33 -A of the Consolidated Laws for the State of New York, as amended, the terms and conditions of such sale are subject to the approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effected on or about March 8, 2011, upon (i) receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. 15. Form of Bonds Said Bonds shall be in substantially the form set forth in Appendix B hereto. 924531.1 034925 C14T I HEREBY FURTHER CER'T'IFY that the powers and duties delegated to me to issue and sell the Bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of this 16th day of E, 9 924531.1 034925 CHT 4 APPENDIX A Refunding Financial Plan as Prepared by Steme, Agee & Leach, Inc. February 16, 2011 924533.1 034925 CHT Prepared by Sterne, Agee & Leach V TABLE OF CONTENTS City of Buffalo City of Buffalo - Combined Refunding Final Report Page Sources and Uses of Funds . . . . . . . . . . . . . I Summary of Refiruding Results . . . . . . . . . . . . . . . . . . . . . . 4 Summary of Bonds Refunded . . . . . . . . . . . . . . . . . . . . . . 5 Savings ... ............................ 5 Bond Summary Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Bond Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Escrow Descriptions . . . . . . . 17 Escrow Requirements . . . . . . . . . . . . . . . . . . . . . 19 Underwriter's Discount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Cost Of Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 agee . Prepared by Sterne, Agee & Leach Page '1 SOURCES AND USES OF FUNDS City of Buffalo City of Buffalo - Combined Refunding Final Sources: Bond Proceeds: Par Annount 34,650,000:00 Net Preiniutn 1,788,677.55 36,438,677.55 Uses: Refunding Escrow Deposits: Cash Deposit 1.17 SLGS Purchases 36,086,342.00 36,086,343.17 Delivery Date Expenses: Cost of Issuance 164,600.00 Underwriter's Discount 156,590.25 Bond Insurance 25,455.74 346,245.99 Other Uses of Funds: Additional Proceeds 6,088.39 36,438,677.55 n lk- N age; Prepared by Sterne, Agee & Leach Page 2 SOURCES AND USES OF FUNDS City of Buffalo General Improvement Refunding Bonds 2011 A Sources: Bond Proceeds: Par Amount 12,825,000.00 Net Premium 348,361.45 13,173,361.45 Uses: Refunding Escrow Deposits: Cash Deposit 0.62 SLGS Purchases 13.043.263.00 13,043,263.62 Delivery Date Expenses: Cost of Issuance 60,923.36 Underwriter's Discount 57,554.82 Bond Insurance 9,63932 128, l 17.90 Other Uses of Funds: Additional Proceeds 1,979.93 13,173,361.45 agee .. Prepared by Sterne, Agee & Leach Page 3 SOURCES AND USES OF FUNDS City of Buffalo Refunding School Bonds 2011 B Sources: Bond Proceeds: Par Amount 21,825,000.00 Net Premium 1,440,316.10 23,265,316.10 Uses: Refunding Escrow Deposits: Casb Deposit 0.55 SLGS Purchases 23,043,079.00 23,043 ,079.55 Delivery Date Expenses: Cost of Issuance 103,676.64 Underwriter's Discount 99,035.43 Bond Insurance 15,416.02 218,128.09 Other Uses of Funds: Additional Proceeds 4,108.46 23,265,316.10 Prepared by Sterne, Agee & Leach Page 4 SUMMITRY OF REFUNDING RESULTS City of Buffalo City of Buffalo - Combined Refunding Final Dated Date Delivery Date Arbitrage yield Escrow yield Bons{ Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life Par amount of refunded bonds Average coupon of refiurded bonds Average life of refunded bonds PV of prior debt to 03/08/2011 @ 2.880668% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds 03/08/2011 03/08/2011 2.880668% 0.259704% 34,650,000.00 2,980124% 3.082138% 4,264992% 3.982 34,800,000.00 5.223620% 4.203 38,282,181.04 1,874,647.62 5.386918% 5.410238% Sterne 8.980 Prepared by Sterne, Agee & Leach Page 5' SUMMARY OF BONDS REFUNDED City of Buffalo City of Buffalo - Combined Refunding Final Maturity Interest Par Call Call Bond Date Rate Amount Date Price Series 1999A, 1999A: 4.600% 1,145,000.00 04/07/2011 100.000 GISERIAL 02/01/2013 5.125% 2,945,000.00 08/01/2011 100.000 02101/2014 5.125% 3,005,000.00 08/01/2011 100.000 02/01/2015 4350% 300,000.00 08 /01 /2011 100.000 02/01/2016 4.750% 310,000.00 08/01/2011 100.000 02/01/2017 4.750% 315,000.00 08/01/2011 100.000 02/01/2018 4.750% 320,000.00 08/01/2011 100.000 02/01/2020 5.100% 7,195,000.00 04/07/2011 100.000 Series 2001 A, 2001 A: GISERIAL 02/01/2013 4.600% 1,145,000.00 04/07/2011 100.000 02/01/2014 4.700 %n 1,160,000.00 04/07/2011 100.000 02/01/201S 4.800 % 1,005,000.00 04/07/2011 100.000 02/01/2016 5.375% 1,020,000.00 04/0712011 100,000 02/01/2017 5.000% 255,000.00 04/07/2011 100.000 02101/2018 5.000% 250,000:00 04/07/2011 100.000 02/01/2019 5.000% 260,000.00 04/07/2011 100.000 02/01/2020 5.100% 260,000.00 04/07/2011 100.000 02/01/2021 5.100 % 265,000.00 04/07/2011 100.000 5,620,000.00 School Bonds, Series 2001B, SB2001B: CSERIAL 02/01/2013 4.600% 435,000.00 04/07/2011 100.000 02/01/2014 4.700 %a 460,000.00 04/07/2011 100.000 02/01/2015 4.800% 490,000.00 04/07/2011 100.000 02/01/2016 4.875% 515,000.00 04/07/2011 100.000 02/01/2017 5.000% 530,000.00 04/07/2011 100.000 02/01/2018 5.000% 550,000.00 04/07/2011 100.000 02/01/2019 5.000 % 580,000.00 04/07/2011 100.000 02/01/2020 5.000% 620,000.00 04/07/2011 100.000 02/01/2021 5.100% 645,000.00 04/07/2011 100.000 4,825,000.00 School Bonds, Series 2001 D, SB2001 D: CSERIAL 12/15/2012 5.500 % 2,675,000.00 12115/2011 100.000 12/15/2013 5.500% 2,820,000.00 12/15/2011 100.000 12/15/2014 5.500 % 2,975,000.00 12/15/2011 100.000 12/15/2015 5.500% 3,140,000.00 12/15/2011 100.000 12/1512016 5,500 % 3,310,000.00 12/15/2011 100.000 14,920,000.00 School Bonds, Series 2002)3, SB2002B: CSERIAL 11/15/2016 5.375 % 2,240,000.00 11/15/2012 100.000 34,800,000.00 Prepared by Sterne, Agee & Leach Page 6 SAVINGS 42,757,347.56 40,534,782.33 2,222,565.23 1,868,55923 Savings Summary PV of savings from cash flow 1,868,559.23 Plus: Refunding finids on hand 6,088.39 Net PV Savings 1,874,647.62 City of Buffalo City of Buffalo - Combined Refunding Final Present Value Prior Refunding to 03/08/2011 Date Debt Service Debt Service Savings @ 2.8806677% 06/30/2011 470,500.00 324,613,58 145,886.42 144,550.54 06/3012012 1,817,506.26 1,609,887.50 207,618.76 207,861.70 06130/2013 8,943,943.76 8,740,06150 203,881.26 174,694.86 06/30/2014 8,814,220.02 8,606,712.50 207,507.52 171,217.07 06/30/2015 5,749,711.26 5,539,012.50 210,698.76 180,548.16 06/30/2016 5,710,538.76 5,507,237.50 203,301.26 168,307.35 06/30/2017 7,043,307.50 6,832,318.75 210,988.75 175,164.09 06130/2018 1,307,870.00 1,099,437.50 208,432.50 168,41.7.17 06130/2019 912,670.00 762,000.00 210,670.00 166,265.74 06/30/2020 970,670.00 763,800.00 206,870.00 158,231.00 06/30/2021 956,410.00 749,700.00 206,710.00 153,301.54 42,757,347.56 40,534,782.33 2,222,565.23 1,868,55923 Savings Summary PV of savings from cash flow 1,868,559.23 Plus: Refunding finids on hand 6,088.39 Net PV Savings 1,874,647.62 Prepared by Sterne, Agee & Leach Page 7 SAVINGS Date City of Buffalo General Improvement Refunding Bonds 2011 A Prior Refunding Debt Service Debt Service Savings g Present Value to 03/08/2011 2.8806677% 06/30/2011 100,674.97 - 100;674.97 - 100,013.29 06/30/2012 639,355.00 535,162.50 104,192.50 106 06/30/2013 4,729,355.00 4,629,762.50 99,592.50 79,806.43 06/30/2014 4,600,75336 4,500,262.50 100,491.26 76,479.29 06130/2015 1,532,227.50 1,429,937.50 102,290.00 87,460.16 06/30/2016 1,494,737.50 1,395,412.50 99,325.00 81,923.29 06/30/2017 665,187.50 562,243.75 102,943.75 85,509.64 06/30/2018 637,475.00 535,037.50 102,437.50 82,522.35 06/30/2019 299,775.00 197,600.00 102,175.00 81,072.37 06/30/2020 286,775.00 185,500.00 101,275.00 78 06/30/2021 278,515.00 178,500:00 100,015.00 74,788.52 15,164,156.26 14,250,093.72 914,062.54 734,134.21 Savings SummM PV of savings from cash flow 734,134.21 Plus: Refunding funds on band 1,979.93 Net PV Savings 736,114.14 tefi a Be Prepared by Sterne, Agee & Leach Page 8 SAVINGS City of Buffalo Refunding School Bonds 2011 B Date Prior Debt Service Refunding Debt Service Savings Present Value to 03/08/2011 a@ 2.8806677% 06/30/2011 470,500.00 223,938.61 246,561.39 244,563.83 06/30/2012 1,178,151.26 1,074,725.00 103,426.26 101,298.43 06/30/2013 4,214,588.76 4,110,300.00 104,288.76 94,888,43 06130/2014 4,213,466.26 4,106,450.00 107,01.6.26 94,737.78 06/30/2015 4,217,483.76 4,109,075.00 168,408.76 93,088.00 06/30/2016 4,215,801.26 4,111,825.00 103,976.26 86,384.07 06/30/2017 6,378,120,00 6,270 108,045.00 89,654.46 06/30/2018 670,395.00 564,400.00 105,995.00 85,894.82 06/30/2019 672,895.00 564,400.00 108,495.00 85,193.37 06/30/2020 683,895.00 578,300.00 105,595.00 80,208.82 06/30/2021 677,895.00 571,200.00 106,695.00 78,513.01 27,593,191.30 26,284,688.61 1,308,502.69 1,134,425.02 Savings Summary PV of savings from cash flow 1,134,425.02 Plus: Refunding funds on band 4,108.46 Net PV Savings 1,138,533.48 Underwriter's Fees (per $1000) Average Takedown 3.711494 Other Pee 0.807706 Total Underwriter's Discount 4.519199 Bid Price 104.710209 Par Prepared by Sterne, Agee & Leach Page 9 Bond Component Value BOND SUMMARY STATISTICS City of Buffalo Uninsured serial bonds City of Buffalo - Combined Refunding Final Dated Date 03/08/2011 Delivery Date 03/08/2011 Last Maturity 12/01/2020 Arbitrage Yield 2.$80668% True Interest Cost (TIC) 2.980124% Net Interest Cost (NIC) 3.082138% All -In TIC 3.124428% Average Coupon 4.264992% Average Life (years) 3.982 Duration of Issue (years) 3.690 Par Amount 34,650,000.00 Bond Proceeds 36,438,677.55 Total Interest 5,884,782.33 Net Interest 4,252,695.03 Total Debt Service 40,534,782.33 Maximum Annual Debt Service 8,740,062.50 Average Annual Debt Service 4,165,721.28 Underwriter's Fees (per $1000) Average Takedown 3.711494 Other Pee 0.807706 Total Underwriter's Discount 4.519199 Bid Price 104.710209 M31 agee Par Average Average Bond Component Value Price Coupon Life Uninsured serial bonds 31,510,000.00 105.646 4.340% 3.571 Insured serial bonds 3,140,000.00 100.310 3.933% 8.111 34,650,000,00 3.982 All -In Arbitrage TIC TIC Yield Par Value 34,650,000.00 34,650,000.00 34,650,000.00 * Accrued Interest * Premium (Discount) 1,788,677.55 1,788,677.55 1,788,677.55 - Underwriter's Discount - 156,590.25 - 156,590.25 - Cost of Issuance Expense - 164,600.00 - Other Amounts - 25,055.74 - 25,055.74 Target Value 36,282,087.30 36,092,431.56 36,413,621.81 Target Date 03/08/2011 03/08/2011 03/08/2011 Yield 2.980124 ° ! 0 3.124428% 2,884668% M31 agee Prepared by Sterne, Agee & Leach _V Page 10 BOND SUMMARY STATISTICS City of Buffalo General Improvement Refunding Bonds 2011 A Dated Date 03108/2011 Delivery Date 03/08/2011 Last Maturity 12/0112020 Arbitrage Yield 2.880668% True Interest Cost (TIC) 2.702461% Net Interest Cost (NIC) 2.749495% All -In TIC 2.982031% Average Coupon 3.454406% Average Life (years) 3.217 Duration of Issue (years) 3.049 Par Amount 12,825,000.00 Bond Proceeds 13,173,361.45 Total Interest 1,425,093.72 Net Interest 1,134,287.09 Total Debt Service 14,250,093.72 Maximum Annual Debt Service 4,629,762.50 Average Annual Debt Service 1,464,468.67 Underwriter's Fees (per $1000) 03/08/2011 Average Takedown 3.680000 Other Fee 0.807705 Total Underwriter's Discount 4.487705 Bid Price 102.267498 Par Average Average Bond Component Value Price Coupon Life Uninsured serial bonds 11,790,000.00 102.980 3.374% 2.819 Insured serial bonds 1,035,000.00 99.707 3.788% 7.750 12,825,000.00 3.217 All-In Arbitrage TIC TIC Yield Par Value 12,825,000.00 12,825,000.00 12,825,000.00 • Accrued Interest • Premium (Discount) 348,361.45 348,361.45 348,361.45 Underwriter's Discount - 57,554.82 - 57,554.82 Cost of Issuance Expense - 60,923.36 Other Amounts - 9,639.72 - 9,639.72 Target Value 13,115,806.63 13,045,243.55 13,163,721.73 Target Date 0310812011 03/08/2011 03/08 /2011 Yield 2.702461% 2.982031% 2.880668% Prepared by Sterne, Agee & Leach Page I 1 BOND SUMMARY STATISTICS City of Buffalo Average Refunding School Bonds 2011 B Dated Date 03/08/2011 Delivery Date 03/0812011 Last Maturity 12/01/2020 Arbitrage Yield 2.880668% Tree Interest Cost (TIC) 3.097629% Net Interest Cost (NIC) 3.224015% All -In TIC 3.227029% Average Coupon 4.610718% Average Life (years) 4.432 Duration of Issue (years) 4.048 Par Amount 21,825,000.00 Bond Proceeds 23,265,316.10 Total Interest 4,459,688.61 Net Interest 3,118,407.94 Total Debt Service 26,284,688.61 Maximum Annual Debt Service 6,270,075.00 Average Annual Debt Service 2,701,25161 Underwriter's Fees (per $1000) 03/08/2011 Average Takedown 3.730000 Other Fee 0.807706 Total Underwriter's Discount 4.537706 Bid Price 106,145616 Par Average Average Bond Component Value Price Coupon Life Uninsured serial bonds 19,720,000.00 107.239 4.745% 4.020 Insured serial bonds 2,105,000.00 100.607 4.000% 8.289 21,825,000.00 4,432 steme agee All -In Arbitrage TIC TIC Yield Par Value 21,825,000.00 21,825,000.00 21,825,000.00 + Accrued Interest * Premium (Discount) 1,440,31610 1,440,316.10 1,440,316.10 - Underwriter's Discount - 99,035.43 - 99,035.43 - Cost of Issuance Expense - 103,676.64 - Other Amounts - 15,416.02 - 15,416.02 Target Value 23,166,250.67 23,047,188.01 23,249,900.08 Target Date 03108/2011 03/08/2011 03/08/2011 Yield 3.097629% 3.227029% 2.880668% steme agee Prepared by Sterne, Agee & Leach Page 12 BOND PRICING City of Buffalo General improvement Refunding Bonds 2011 A Maturity Bond Cornponent Date Amount Rate Yield Price Prerniurn (- Discount) Takedown Uninsured serial bonds: 3.790% 101.391 2,503,80 4.000 12/0112019 175,000 4.000% 12/01 /2011 100,000 3.000% 1.220% 101.289 1,289.00 2.500 12/01/2012 4,260,000 3,000% 1.570% 102.430 103,518.00 3.500 12/0112013 4,280,000 4.000% 1040% 105.177 221,575.60 3.750 12/01/2014 1,315,000 3.000% 2.570% 101.517 19,948.55 3.750 12101/2015 1,320,000 3.000% 2,930% 100.304 4,012.30 3.750 12101/2016 515,000 3.250°% 3.210% 100.204 1,050.60 3.750 06/01/2011 11,790,000 Par Amount 351,394.55 12,825,000.00 Insured serial bonds: 12/01/2017 505,000 3.500% 3.520% 99.877 - 621.15 4.000 12/01/2018 180,000 4.000% 3.790% 101.391 2,503,80 4.000 12/0112019 175,000 4.000% 4.070% 99.484 - 903.00 4.000 12/01/2020 175,000 4,000% 4.290% 97.707 - 4,012.75 4.000 1,035,000 - 3,033.10 12,825,000 348,361.45 Dated Date 03/08/2011 Delivery Date 03/08/2011 First Coupon 06/01/2011 Par Amount 12,825,000.00 Prerrtiunr 348,361,45 Production 13,173,361.45 102.716269% Underwriter's Discount - 57,554.82 - 0.448771% Purchase Price 13,115,806.63 102.267498% Acented Interest Net Proceeds 13,115,806.63 Sterne ag . Prepared by Sterne, Agee & Leach Page 13 BOND PRICING City of Buffalo Refunding School Bonds 2011 B Bond Component Date Amount Rate Yield Uninsured serial bonds: Premium 4.000% Price 12/01/2011 105,000 1000% 1.170% 12/01/2012 3,190,000 3.000% 1.520% 12/01/2013 3,300,000 4.000% 1.990% 12/01/2014 3,455,000 5.000% 2.600% 12101/2015 3,635,000 5.000% 2.950% 12/01/2016 6,035,000 5. 00% 3,240% 19,7zo,0oo Insured serial bonds: 1,427,548.45 12/01/2017 Premium 4.000% Price (- Discount) Takedown 4.000 12/01/2018 510,000 101.326 1,392.30 2.500 102.516 80,260.40 3.500 105.313 175,329.00 3.750 1.08.476 292,845.80 3.750 108.985 326,604.75 3.750 109.132 551,116.20 3.750 1,427,548.45 12/01/2017 490,000 4.000% 3.470% 103.152 15,444.80 4.000 12/01/2018 510,000 4.000% 3.740% 101.726 8,802.60 4.000 12/01/2019 545,000 4.000% 4.020% 99.849 - 822.95 4,000 12/0112020 560,000 4.000% 4.240% 98.097 - 10,656.80 4.000 2,105,000 12,767.65 21,825,000 1,440,316..10 Dated Date Delivery Bate First Coupon Par Amount Premium Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 03/08/2011 03/08/2011 06/01/2011 21,825,000.00 1,440,316.10 23 ,265, 316.10 106.599386% - 99,035.43 - 0.453771% 23,166,280.67 106.145616% 23,166,280.67 Prepared by Sterne, Agce & Leach Page 14 BOND DEBT SERVICE City of Buffalo City of Buffalo - Combined Refunding final Period Annual Ending Principal Coupon Interest Debt Service Debt Service 06/01/2011 324,613.58 324,613.58 06/30/2011 324,613.58 12/01/2011 205,000 3.000% 703,981.25 908,981.25 06101/2012 700,906.25 700,906.25 06/30/2012 1,609,887.50 12/0112012 7,450,000 3000 %0 700,906.25 8,150,906.25 06/01/2013 589,156.25 589,156.25 06/30/2013 8 12/01/2013 7,580,000 4.000% 589,156.25 .8,169,156.25 06/01/2014 437,556.25 437,556.25 06/30/2014 8,606,71150 12/01/2014 4,770,000 437,556.25 5,207,556.25 06/01/2015 331,456.25 331,456,25 06/30/2015 5,539,012,50 12 /01 /2015 4,955,000 331,456.25 5,286,456.25 06/01/2016 220,78I.25 220,781.25 06/3012016 5,507,237.50 12/01/2016 6,550,000 220,781.25 6,770,781.25 06/01/2017 61,537.50 61,537.50 06/30/2017 6,832,31 8.75 12/01/2017 995,000 =4 61,537.50 1,056,537.50 06/01/2018 42,900.00 42,900.00 06130/2018 1,099,437.50 12/01/2018 690,000 4.000% 42,900.00 732,900.00 06/01/2019 29,100.00 29,100.00 06/30/2019 762,000.00 12/01 /2019 720,000 4000% 29,100:00 749,100.00 06/01/2020 14,700.00 14,700.00 06/30/2020 763,800.00 12/01/2020 735,000 4.000% 14,700.00 749,700.00 06/30/2021 749,700.00 34,650,000 5,884,782.33 40,534,782.33 40,534,782.33 Prepared by Stenw, Agee & Leach Page 15 BOND DEBT SERVICE City of Buffalo General Improvement Refunding. Bonds 2011 A Period Ending Principal Coupon Interest Debt Service 06/30/2011 100,67497 100,674.97 06/3012012 100,000 3.000% 435,162.50 535,162.50 06/30/2013 4,260,000 3.000% 369,762.50 4,629,762.50 06/30/2014 4,280,000 4.000% 220,262.50 4,500,262.50 06/30/2015 1,315,000 3.000% 114,93750 1,429,937.50 06/30/2016 1,320,000 3.000% 75,412.50 1,395,412.50 06/30/2017 515,000 1250% 47,243.75 562,24335 06/3012018 505,000 3.500% 30,037.50 535,037.50 06/3012019 180,000 4.000% 17,600.00 197,600.00 06/30/2020 175,000 4.000% 10,500.00 185,500.00 06130/2021 175,000 4.000 % 3,500.00 178,500.00 12,825,000 1,425,093.72 14,250,093.72 Prepared by Sterne, Agee & Leach Page 16 BOND DEBT SERVICE City of Buffalo Refunding School :Bonds 201.1 B Period Ending Principal Coup01a Interest Debt Service 06/30/2011 223,938.61 223,938.61 06/30/2012 105,000 3.000% 969,725.00 1,074,725.00 06130/2013 3,190,000 3.000% 920,300.00 4,110,300.00 06/30/2014 3,300,000 4.000% 806,450.00 4,106,450.00 06130/2015 3,455,000 5.000% 654,075.00 4,109,075.00 06/30/2016 3,635,000 5.000% 476,825.00 4,111,825.00 06/30/2017 6,035,000 5.000% 235,075.00 6,270,075.00 06/3012018 490,000 4.000% 74,400.00 564,400.00 06130/2019 510,000 4.000% 54,400.00 564,400.00 06/30/2020 545,000 4.000% 33,300.00 578,300,00 06/30/2021 560,000 4.000% 11,200.00 571,200.00 21,825 4,459,688.61 26,284,688.61 Prepared by Sterne, Agee & Leach .. ........................... .... - -- Y. Page 17 ESCROW DESCRIPTIONS City of Buffalo General Improvement Refunding Bonds 2011 A. Type of Security Type of SLGS Maturity Date First 1 € €t Pint Date Par Amount Rate Max Rate Mar 8, 2011: SLGS Certificate 04/07/2011 04/07/2011 5,670,050 0.090 %a 0.090 %fl SLGS Certificate 0810112011 08/01/2011 7,373,213 0.130% 0.130% 13,043,263 SLGS Summa SLGS hates Pile Total Certificates of Indebtedness 15FEB11 13,043,263.00 Prepared by Sterne, Agee & Leach Page 18 ESCROW DESCRIPTIONS City of Buffalo Refunding School Bonds 2011 B "Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Mar 8, 2011: .. .... . .... ._ SLGS Certificate 04/07/2011 04/07/2011 4,868,119 0.090% 0.090% SLGS Certificate 05 /15 /2011 05/15/2011 57,660 0.110% 0.110% SLGS Certificate 06/15/2011 06/15/2011 410,1.67 0.120% 0.120% SLGS Certificate 11/15/2011 11/15/2011 53,401 0.190% U90% SLGS Certificate 12/15/2011 12/15/2011 15,306,713 0.200% 0.200% SLGS Note 05/15/2012 05/1512011 53,471 .0.290% 0.290% SLGS Note 11/15/2012 05/15/2011 2,293,548 0.580% 0.580% 2 3,043,079 SLGS Summary SLGS Rates File Total Certificates of Indebtedness Total Notes Total original SLGS 15FEB11 20,696,060.00 2,347,019.00 23,043,079.00 steme ape. w Prepared by Sterne, Agee &: Leach Page 19 ESCROW REQUIREMENTS City of Buffalo General Improvement Refunding Bonds 2011 A Period Principal Ending Interest Redeetied Total 04107/2011 50,468.00 5,620,000.00 5,670;468.00 08/01/2011 182,037.50 7,195,0.00:00 7,377,037.50 232,505.50 12,815,000.00 13,047,505.50 P by Sterne, Agee & Lea Page 20 ESCROW REQUIREMENTS City of Buffalo Refunding School Bonds 2011 B Period Ending Interest Principal Redeemed Total 04/07/2011 43,477.73 4,825,000.00 4,868,477.73 05/15/2011 60,200.00 60,200.00 06/1512011 410,300.00 410,300.00 11/15/2011 60,200.00 60,200.00 12/15/2011 410,300.00 14,920,000.00 15,33 0,300.00 05/15/2012 60,200.00 60,200.00 11/1512012 60,200.00 2,240,000.00 2,300,200.00 1,104,877.73 21,985,000.00 23,089,877.73 slue agee V V Prepared by Sterne, Agee & Leach Page 21 UNDERWRITER'S DISCOUNT City of Buffalo City of Buffalo _ Combined Refunding Final Underwriter's Discount X11000 Amount Average, Takedown 3.71149 128,603.25 Underwriter's Counsel 0.57720 20,000.00 SIFMA 0.02000 693.00 CUSIP 0.01795 622.00 DTC 0.00722 250.00 Day Loan 0.05319 1,843.00 Dalconip 0.06000 2,079.00 Travel /Expenses 0.07215 2,500.00 4.51920 156,590.25 Sterne ogee. Prepared by Sterne, Agee & Leach Page 22 COST OF ISSUANCE City of Buffalo City of Buffalo - Combined Refunding Final Cost of Issuance $/1000 Amount Bond Counsel 1,50072 52,000.00 Financial Advisor 1.29870 45,000.00 Rating Agencies 1.17172 40,600.00 Trustee 0.02886 1,000.00 Printer 0,28860 10,000.00 Verification Aged[. 0.08658 3,000.00 Miscellaneous 0.14430 5,000.00 City Audit Fee 021645 7,500.00 School District Audit Fee 0.01443 500.00 435036 164,600.00 Sterne .g . � APPENDIX B Bond Form REGISTERED NO. R- UNITED STATES OF AMERICA STATE OF NEW YORK CITY OF BUFFALO REGISTERED U GENERAL IMPROVEMENT REFUNDING SERIAL BOND -2011A SCHOOL REFUNDING SERIAL BOND -201 IB MATURITY DATE December 1, INTEREST DATE OF RATE: ORIGINAL ISSUE % March 8, 2011 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: CUSIP: 119671 DOLLARS The City of Buffalo, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE, (stated above) the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at the corporate trust office of Manufacturers and Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such principal sum froth. March 8, 2011 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST RATE (stated above), payable on June 1, 2011, December 1, 2011 and semiannually thereafter on .Tune I and December I of each year until maturity. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond are payable in any coin or currency of the United States of America which, at the date of payment is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. 924531A 034925 CHT It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the City of Buffalo has caused this bond to be executed in its name by the manual signature of its Comptroller and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon. Cit o Buffalo BY 1 Cornpt ller 924531.1 034925 CHT W City of Buffalo, New York [General Improvement Refunding Serial Bond -2011 A] [School Refunding Serial Bond- 2011A] This bond is one of an authorized issue, the principal amount of which is ($12,825,000, $21,825,000), and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), a Refunding Bond Resolution duly adopted by the Common Council of said City on November 30, 2010 authorizing the issuance of not to exceed $77,000,000 refunding bonds of the City to provide funds required by the City to advance refund certain serial bonds heretofore issued by the City as referred to therein and a Certificate of Determination executed by the Comptroller as of February 16, 2011 determining the terms, form and details of issuance of said refunding bonds (the "Bonds ") and providing for their private sale (the "Certificate of Determination "). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of Now York (the "Act "), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution "). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee "), in Buffalo, New York. The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in denominations of $5,000, or any integral multiple thereof. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the City duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. The Bonds will not be subject to redemption prior to maturity. 924531.1 034925 C11T form of opinion Hawkins Delafield & Wood LLP 67 Wall Street New York, New York 10005 March 8, 2011 The Common Council of the City of Buffalo, New York Ladies and Gentlemen: We have examined a record of proceedings relating to the sale and issuance of [$12,825,000 General Improvement Refunding Bonds -2011A and $21,825,000 School Serial Bonds-201 113] (the "Bonds ") of the City of Buffalo, New York (the "City "). The Bonds are issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York, a refunding bond resolution duly adopted by the Common Council on November 30, 2010, authorizing the issuance of not to exceed $77,000,000 refunding bonds of the City to provide funds required by the City to refund certain bonds of the City referred to therein, and a Certificate of Determination executed by the City Comptroller as of February 16, 2011, determining the terms, form and details of issuance of said refunding bonds and providing for their private sale. The Bonds are dated, mature, are payable, bear interest and are subject to redemption as provided in the Certificate of Determination. The Bonds are issued only in fully registered form without interest coupons, in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company, an automated depository for securities and clearinghouse for securities transactions which will maintain a book -entry system for recording the ownership interests in the Bonds. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. Purchases of ownership interests in the Bonds will be made in book -entry form in denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds of each series maturing in such year. The Bonds are lettered AR and numbered separately from one consecutively upward. In our opinion, said Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit and, unless paid from other sources, all the taxable real property within the City is subject to the levy of ad valorem real estate taxes to pay the Bonds and interest thereon without limitation of rate or amount. The enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency or other laws affecting creditors' rights or remedies heretofore or hereafter enacted. The Internal Revenue Code of 1986, as amended (the "Code "), establishes certain requirements that must be met subsequent to the issuance and delivery of the Bonds in order that 924531-1034925 CI- T interest on the Bonds be and remain excludable from gross income under Section 103 of the Code. The Comptroller of the City, in executing the Arbitrage and Use of Proceeds Certificate, has certified to the effect that the City will comply with the provisions and procedures set forth therein and that it will do and perform all acts and things necessary or desirable to assure that interest paid on the Bonds is excludable from gross income under Section 103 of the Code. We have examined such Arbitrage and Use of Proceeds Certificate delivered concurrently with the delivery of the Bonds, and in our opinion, such certificate contains provisions and procedures under which such requirements can be met. In our opinion, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on the Bonds is excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax unposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In rendering the opinion in this paragraph, we have (i) relied on the representations, certifications of fact, and statements of reasonable expectations made by the City in the Arbitrage and Use of Proceeds Certificate and others in connection with the Bonds, and (ii) assumed compliance by the City with certain provisions and procedures set forth in the Arbitrage and Use of Proceeds Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. Further, in our opinion, under existing statutes the interest on the Bonds is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Except as stated above, we express no opinion regarding any other federal or state tax consequences with respect to the Bonds. We render our opinion under existing statutes and court decisions as of the issue date, and we assume no obligation to update our opinion after the issue date to reflect any future action, fact or circumstance, or change in law or interpretation, or otherwise. We express no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for federal income tax purposes of interest on the Bonds, or on the exemption from state and local tax law of interest on the Bonds. Other than such record of proceedings, we have not been requested to examine or review and have not examined or reviewed the accuracy or sufficiency of the Official Statement relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City which have been or may hereafter be furnished or disclosed to purchasers of said Bonds, and we express no opinion with respect to any such financial or other information or the accuracy or sufficiency thereof. We have examined the executed first numbered Bond of the 2011 maturity of the Bonds and, in our opinion, the form of said Bonds and their execution are regular and proper. 924531.1 034925 CH`r S r` This opinion is issued as. of the date hereof, and we assume no obligation to update, revise or supplement this opinion to reflect any action hereafter taken or not taken, or any facts or circumstances, or changes in law or in interpretations thereof, that may hereafter occur, or for any other reason. Very truly yours, /s/ Hawkins Delafield & Wood LLP 924531.1 034925 CHT WO CERTIFICATE AS TO LEGAL OPINION 1, ANDREW A. SANFILIPPO, Comptroller of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that on the date. the bonds described in the opinion hereinabove mentioned were originally delivered and paid for, a written opinion as to the validity of such bonds, dated as of the date of such delivery and payment, was rendered by the law firm of Hawkins Delafield & Wood LLP, New York, New York, and that the foregoing, except as to omission of the date, is a true and correct copy of said. opinion, signed duplicates of which have been filed in the corporate trust office of the Manufacturers and Traders Trust Company, Buffalo, New York, as Fiscal Agent. 924531.1 034925 CHT �� STATEMENT OF INSURANCE Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.) ("AGM"), New York, New York, has delivered its municipal bond insurance policy (the "Policy ") with respect to the scheduled payments due of principal of and interest on the Bonds maturing on December l in each of the years 2017 through 2020, inclusive, to Manufacturers & Traders Corp., Buffalo, New York or its successor, as paying agent for the Bonds (the "Paying Agent "). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. The owner of this Bond acknowledges and consents to the subrogation rights of AGM as more fully set forth in the Policy. 924531.1 034925 C1- T (V ASSIGNMENT FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE the within Bond and does hereby irrevocably constitute and appoint Attorney to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: Signature(s) must be acknowledged or proved, or in the alternative, certified as to its genuineness by an officer of a bank or trust company located and authorized to do business in New York State. Notice: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 924531.1 034925 CHT CLERK'S CERTIFICATE I, GERALD CHWALINSICI, City Clerk of the City of Buffalo, DO HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as Clerk on March 8 ' 2011; and I FURTHER CERTIFY that no resolution electing to reassurne any of the powers or duties mentioned in said Certificate and delegated to the Comptroller by the resolution cited in said Certificate has been adopted by said Legislature. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 8 1b day of March, 2011. (SEAL) Cit Clerk of the City o ft3uffalo 924531.1 034925 CIIT 000t0 # 1 (Rev. 1 /93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 7, 2011 FROM: DEPARTMENT: Audit and Control DIVISION SUBJECT: [: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW Accountin Additional Information on Federal Financial Assistance This is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2010 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Dansa & D'Arata, LLP for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may,. at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or June 7, 2011. CC- TYPE DEPARTMENT HEAD NAME: Andrew A. SanFilipl2o TYPE TITLE: Coni�froller SIGNATURE OF DEPARTMENT HEAD / / _�� Wsingle audit filing .doc THE W 01 COMMUNITY DEVELORWEAT. j FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March 8, 2011 000.. #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE. February 24, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: 346 Connecticut St. Fire Escape [: Within City Right of Way PRIOR COUNCIL REFERENCE: (IF ANY) n/a Ex. ( Item No. xxx, C.C.P. xx/xx/xx Mr. Karl Frizlen, architect acting as agent for owners of the property located at 346 Connecticut Street, has requested permission to encroach City right of way at said address. The property owner is proposing to install a five story fire escape on the Normal Avenue side of the property. The fire escape would extend 5 feet into City right of way, measure 13 feet in length and leave 9 feet unobstructed sidewalk remaining after installation. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commnissioner will issue a "Mere License" for said fire escape within City right of way provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the fire escape be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the fire escape as long as it remains within City right of way. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Charter. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said fire escape. SJS :PJM:MGM:kem TYPE DEPARTMENT HEAD NAME TYPE TITLE: Steven J. Stepniak SIGNATURE OF DEPARTMENT HEAD: REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD !"nMMkQ1'nnPr #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 23, 2011 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Water SUBJECT: �/ [Permission to Reduce Retention [Visone Construction Inc. [Distribution Improvements - Various Locations #2 [Contract # 93000455 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (11 m No.. C.C.P� I hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 1% and respectfully request that Your Honorable approve this request. TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: r REFER TV 7P AM ITT . ON 9rtk d: z $d °x?k IA ##1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: March 1", 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Report of Bids j: Curb & Sidewalk Replacement @ City Owned Ramps — 2010, Gr. #710 [: c.c.p. ##20 of 716110 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase P & J Construction Co., Inc. *$185,825.00 $204,407,50 709 Pleasant View Drive, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $186,815.00 $205,496.50 411 Ludington Street, Buffalo, NY 14206 C & C Contractor's, Inc. $228,966.00 $251,862.60 1589 Bailey Road, Cowlesville, NY 14037 Master's Edge, Inc. $254,515.00 $279,966.50 3409 Broadway Street, Buffalo, NY 14227 North America Construction Co., Inc. $239,737.00 $263,710.70 1417 Allehgany Road, Attica, NY 14011 I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend a contract award in the amount of $204,407.50. ($185,825.00 base bid -+- $18,582.50 unit price increase � $204,407.50). Funds for this account are available in the Parking Enterprise Fund #51008207- 470010, an account to be named at a later date. *Adjusted Amount The engineer's estimate for this work is $225,000.00 . The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May 30 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJZ:Ilf Attach. (3) cc: Bill Heinhold Kevin Helfer - Parking TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: .. Locations: 1.) Clinton. (south side) — Ellicott to Oak 2.) Mohawk :(north side) - Ellicott :to Washington 1) S.e. Franklin/Court 4.) Washington (west side) — Seneca to Exchange @ HSSC Underground Entrance /Exit 5.) N.e. Franklin/Huron 5,) Pearl (east side) — Eagle. to Church @7a Main Place Underground Entrance/Exit Curb & Sidewalk Replacement @ City Owned Ramps - 2010, Group #710 eantractor ontmcto P & J Constructlan. Go., Inc. ] Destr Brothers Concrete Co;, Inc. ITEM NO. ITEMS WITH UNIT BID PRICE APPROXIMATE UNIT UNIT BID TOTAL LIN r 810 TOTAL. WRITTEN IN WORDS QUANTITIES PRICE DOLLARS PI 3CE L;Ot,L RS 0 1.4049 Engineering Materials 100% As $1,000.00 $1,000.00 $1, .00 $1,000.00 Fixed Bid Necessary $ r 2.110A Unclassified Excavation 25 Cu.Yd. $ 15.00 $375.00 $ .00 $375.00 (minimum bid $15.00) $ r 2,110 5 Flared Excavation with Compressor 100% As $1,000.00 $ 1,000.00 1 $1,000,00 $1,000.00 Jackharnmer /Laborer - Fixed Bid Necessary 03.210 Subbase Course -1'° crusher runs 25 Gu.Yd. $30.Q0 $760.003 0.00 $750.00 Hand Laid (minimum bid $30.00) $ r 04.150 Asphalt Concrete - Band Laid 10 Tors $150.00 $1,500.00 i $1 i c.00 $1,540.00 Modred Fine Top for Sidewalk Areas (minimum bid $150.00) $ r R05.205 Concrete S 1k - 5 " Replacernent 20,810 Sq.Ft. W.25 $$,442.60 E I 6Ci $93,645.00 $ r 805.206 Concrete Sidewalks for Approach 1,350 Sq.Ft. $4.75 $6, 412.50 $5.50 $7,425.00 6" Replacement - ( =f> R05.205) l . $ 1 05.220 1V a it Reinforcement for Sidewalk 10,000 Sq.Ft. 40 ,OQQ.€90 40 ;0049.00 (6 , x 6' 6°° x 6 ") Minimum Bid $0.40 $ r eta esn orcement or 4 x 4, 2 x t (minimum bid $0.50) $ 05.2209 Fiber Reinforcement Additive for Approach 25 Cta.Yd. 7.430 175.443 043 175.00 (minimum bid $7.00) 05.310 High Early Cement Additive for Approach 25 C�s.Yd. $8.00 $2D 0.00 00 $200. (minimum bid $6.00) $ f 05.32a Integral Color Additive - Ginger 16 CuYd. $50.00 $800.00 ; $ 0.00 $800.00 - HSBC ramp on Washington Street 05.414 Sawing Concrete /Asphalt 500 Lin.Ft. $4.00 $2,004}_4)0 13.00 $1,500.00 (- 4 inch) sidewalk $ Ri07.104C W' Granite Curb (straight) 100 Lin.$=t. $40,00 $4,000.00 $ S.OG $3,500x.00 Driveway Closure Curb & Sidewalk Replacement @ City Owned Ramps - 2010, Group #710 Contractor A'�I ontraR r & J C'O97$truCliCDrl Co., Inc. & Brothers (,QP9CCe$e Co., I nc. ITEM NO. ITEMS WITH UNIT BID PRICE IN WORDS APPROXH TE QUANTITIES UNIT UNIT BIER PRICE TOTAL DOLLARS BID CE TO TAL WRITTEN DOVARS R07.105C Granite Curls - NYSDOT Type "C" 775 Lin.Ft. $40.00 $31,000.00 $ $27,125. 90 5" x 18" Replacement � $ R07.105RC Granite Curb - NYSDOT Type "C" 70 Lin.Ft $45.00 $3,150.00 $40 $2,800.00 5" x 16" Radius Replacement 08.210 Slotted Corrugated Polyethylene 1,130 Lin.Ft. $4.00 $4,520.00 $ $4,520.00 Underdrain - 4' (minimum bid $4.00) $ I 10.275 Stmt Lighting Pullbox 5 Each $400.00 $2,000.00 .00 2,000.00 (minimum bid $400) $ I 10.998 Galvanized High Strength Couplings & Rods (minimum bid $750) 8 Each Foundation 750.00 $6,000.00 ( 7 t 0.00 $6,06ff $ I 12.110 Maintenance & Protection of Traffic 100% As $6,000.00 $6, $6, 00.00 V6,6M.00 Foxed Sid Necessary $ I 12.310 Galvanized Telspar Past - Purchase & installation 25 Each 10a00 $2,500.013 $1)0 $2;5048.00 (minimum bid $100.00) $ 1 12.320 Parking Meter Pasts - Purchase & Installation 18 Each $100.00 $1,800.00 $1)0.00 $1,800.00 galvanized steel (minimum bid $100.00) $ I 90.500. Miscellaneous Construction Allowance 100% As $5,000.00 $5,000.00 $5, 00.00 $5,000.00 Fixed Bid Necessary I $ f 680.620506 Conduit Rigid. Plastic - Class 1, 2" 825 Lin.Ft. $5.00 $4,125.00 00 $4,125.00 (minimum bid $5 -00) $ / it 8502.5014 Saw Cutting Asphalt Pavement, Concrete 1,225 Lin.Ft $4.00 $4,900,00 .00 $4,900.00 Pavement & Asphalt Overlay on Concrete Pvmt. 7 - ramps (minimum bias $4.00) $ 1 24608. Detectable Warning Surface - 7 Ramps 70 Sq.Ft. $50.00 $3,500.410 $ 0.00 $3,500.00 Z x 5' per ramp (minimum bid $50.00) $ / *** $185,825.00 $186,815.00 G C I �? Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 1, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb and Sidewalk Replacement at City -owned Parking Ramps - 2010, Cr. #710, to P & J Construction Co., lne., the lowest responsible bidder, in the amount of $204,407.50 (Base Bid $185,825.00 + an $18,582.50 (10% Unit bid increase) = $204,407.50). Funds for this project are available in the Parking Enterprise Fund #51008207- 470010 and an account to be named at a later date. Passed. [a TAB:rmv t:lwp601msword\rmv\l Ora- 8u.doc � * AYE * NO * FONTANA � FRANGZYK GOLOMBEK LEARNS LOCURT® PRIDGEN * '� RVERA RUSSELL SMITH * * * x aj =5 * (* x 2 /3- 6 3/4 7 00014 #3 (Rev 1-02) Certificate of Appointmen �_N in compliance with provisions of Section 24 -2 of the. Charter and Chapter 35 -1 of the Ordinances of the City of Buffato, I transmit this certification of appointnient(s) or proEnotion(s). 1 further certify that the person(s) named in Schedule °A" have been certified or approved by the Human Resources /Civil Senice for the Appointment. Effective: �' - i in the Department of Public Works Division of Water to the Position of Dispatcher Permanent, Provisional, Temporary, Seasonal (Insert: one) PROVISIONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of. $36,615 LAST JOB TITLE Caulker NAME Robert Thompson LAST DEPARTMENT DPW DATE 2111 ADDRESS 45 Bremen St. LAST SALARY $37,756 CITY & ZIP Buffalo, NY 14213 [AS 4 DIGIT OF SSN. XXX - - 1207 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA 4 DIGITS O F SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003721 TITLE CODE NO 632W BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ, NO 2010 -55 SALARY RANGE OF POSITION $23,169- $30 ,615 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY; Commissioner DATE: 217119 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERIC ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 00015 93 (Rev 1 -02) Certificate 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 appointntent(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: IT in the Department of Public Works Division of Streets to the Position of Truck Driver Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (insert one) INTERMEDIATE kEnter Starting Salary) : Stating Salary of: $22,466 LAST JOB TITLE HEO NAME Joseph Muscarella LAST DEPARTMENT DPW DATE 2111 ADDRESS 32 Julius St. LAST SALARY $24,212 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -3996 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 52002601 TITLE. CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ, NO 2010 -94 SALARY RANGE OF POSITION $22,466- $37,447 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak Commissioner 214111 ORIGINAL + 3 COPIES TO: -> CITY:CL RK: ONIBEI ORE APPOINT€111ENT fJATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE: #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEElS) i 1� FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 8, 2011 _SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 02/24/2011 FROM: DEPARTMENT: Permit and Inspection Services SUBJECT: [:Capital Projects Account Contract Increases PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ,(Item No. xxx C.C.P. xWXXINK We are requesting the following contract increases: From account #33650106{445900, please deduct $6,659 and add to contract #93000665,for bulk sampling (by Paradigm). From account #336509061445100, please deduct $75,000 and add to contract #93000248, for air sampling and project monitoring (by JMD). SIGNATURE C DEPARTME HEAD TIT1 E : Gca mi�si�tte fi 4 J Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspections dated February 24, 2011, be received and filed; and That the Commissioner of Permits and Inspections' request for the following contract increases is approved: (1) Deduction from Account #336501061445100 in the amount of $6,659 to be added to Contract 493000665 for bulb sampling by Paradigm and (2) deduction of $75,000 from Account #336501061445100 to be added to Contract Number 93000248 for air sampling and project monitoring by JMD. Passed, 13 TAB: rrnv t Awp 6 ©\m s wo rd\: rmv\ 13 0 -8 a, d o c * AYE * NO * e FONTANA * FRANCZYK * * G®LOMBEK * * KEA RNS * LGCURTO * PGEN * RIVERA x '� * RUSSELL * SMITH * * * * Maj ®5 213- 6 3/4- 7 * x FROM THE COMMISSIONER OF PARKING March 8, 2011 ct SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 2, 2011 FROM: DEPARTMENT: Parking SUBJECT: [ :Permit for use of State- owned property PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item Na. xxx C.G.P. xxlxx /xx I are requesting authorization to execute Skyway Use and Occupancy Permits, #50620, 51143 and 50656. This authorization would allow continued operation of these surface lots. SIGNATURE' DEPARTMENT HEAD TITLE. Commissioner original Owner El Original Tenant [ _. Airspace Occupallt Subsequent Occupant NEW YORK STATE DEPARTMENT OIL TRANSPORTA'T'ION OFFICE OF REAL ESTATE PERN11T FOR USE OF STATE -OWNED PROPERTY P.I.N. 5019.00.201 Inventory No. Permit Account No. 50620 Property Location . Area under northbound Skyway ramp. of 1 -190as per attached Appendix A (bounded by Upp er Terrace, Pearl and West Seneca streets). Project Interstate Route 506, Skyway-Thruway Ram Map No(s). various Parcel No(s). various County Erie Town City/Village Buffalo THIS PERMIT, made this day of X City of Buffalo City Hall Buffalo, NY 14202 X 20 between hereinafter referred to as "Permittee and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW .YORK, hereinafter referred to as "the State", WITNESSETH: WHEREAS the State is the owner of the above .identified property, hereinafter referred to as "property" or "premises "; and WHEREAS the Permittee wishes to use and occupy said property;. NOW, THEREFORE, the State hereby grants this permit to the Permittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used only for the. purpose of: automobile parking, and for no other purpose whatsoever. 2. The fee to be charged shall be: 40% of bid amount (see attached Additional Provision B) per year beginning April 1, 2011. 3. Payment of fee is .due on the first of the month unless otherwise stated. Fee must be paid by check, bank cashier's check or money order payable to "DEPARTMENT OIL TRANSPORTATION" and mailed or delivered to: New York State Department of Transportation , Revenue Unit, POD 5 -2 50 Wolf Road Albany, New York 12232 ROW 75n (10105) Page 1 of 5 4. The Permittee understands and agrees that if the full amount of the fee as stated herein is not paid within thirty days from the date billed as indicated on the billing invoice, interest penalties and collection fees will be imposed under the provisions of Chapter 55 of the Laws of 1992. 5. The Permittee understands and agrees that the fee charged by the State may periodically be updated to reflect fair market value and the Permittee will enter into a new permit for the new fee if the Permittee wishes to remain in occupancy. Failure to execute a new permit will require Permittee to immediately vacate the premises. 6. The Permittee acknowledges the State's tight to collect a security deposit. This sum will be retained as security to ensure faithful performance of the permit and compliance with all terms by the Permittee. The State hereby acknowledges receipt of N/A received on N/A by N/A (Dept. Rep.'s Signature) This permit supersedes the permit number 50620 issued to City of Buffalo in the amount of $1 payment waived per year approved by the Director, Office of Real Estate on 1/19/1981. 8. Permittee, at the Permittee's expense and for the term of the permit, shall furnish and show evidence of General Liability Insurance coverage issued by an insurance carrier licensed to do business in the State of New York for the protection of the State of New York and Permittee against any claims, suits, demands or judgments by reason of .bodily injury, including death, and for any claims resulting in property damage occurring on or in proximity to the permit area. Such General Liability Insurance shall be in the amount no less than $2,000;000.00 (Two million and 00/100 dollars) (combined propertyydarnage and /or bodily injury, including death) single limit per occurrence, and shall name the People of the State of New York as an additional insured. The Permittee will furnish the State with a certificate of hisurance, with a (30) thirty day(s) prior written notice of any cancellation or major change in the policy conditions. The permit shall be voided if insurance is cancelled, modified or lapses. Approval of this permit shall be contingent upon receipt, by the State, of a copy of a properly executed insurance certificate. 9. Permittee is responsible for any repairs, improvements or maintenance work of any kind on the property at Permittee's expense. The State may, at any tune, periodically inspect the premises to determine whether same is in good repair and maintenance, structurally sound, and that no unsafe, hazardous, unsanitary, or defective conditions exist. 10. Permittee hereby agrees to admit State representatives and prospective purchasers or permittees to examine these premises during reasonable business hours. 11. Permittee shall not place or store, or allow others to place or store, any flammable, explosive hazardous, toxic or corrosive materials, debris of any description, garbage or any materials commonly referred to as "junk" within the permit area, except fuel kept in the fuel tanks of legally parked vehicles allowed under the terms of this permit. Failure to comply with this provision may result in a ten (10) days written notice of cancellation of the permit in accordance with Provision 16 of the permit. The Permittee is responsible for the removal of these materials and/or all expenses incurred in their removal. 11 All arrangements of services for utilities, removal of garbage, rubbish, litter, snow and ice will be made by the Permittee at the Permittee's expense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically set forth in writing herein. Permittee shall comply with all local and State building standards /codes in the installation or repair of any utilities including but not limited to electricity and plumbing. ROW 75n (10/06) Page 2 of 5 Permittee is responsible for keeping and maintaining the premises in a safe and clean condition, for the regular and prompt removal of garbage, rubbish, litter, snow and ice. Permittee shall be responsible for preventing damages to the plumbing system and premises caused by lack of heat or water damage from leaks. 13. Permittee is responsible to maintain the occupancy in compliance with any and all applicable local, State, and Federal laws, ordinances, codes, rules and regulations affecting the use of the property. Permittee shall not conduct or allow any use or activity on the premises inconsistent with law and shall not conduct or allow any use or activity on the premises which.rnay require a permit or other approval by a government agency without having lawfully obtained such permit or approval. 14. The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use, and therefore a landlord tenant relationship is not hereby created; and further, that since this is not a lease, Section 5 -321 of the General Obligations Law does not apply to this permit to the extent permitted by law. 15. The State shall have no responsibility whatever for the loss or destruction of any improvements made by the Permittee or for personal property stored or being used on the premises. 16. This permit shall be renewed automatically for successive terms of one month each unless canceled by either party. Cancellation by the State requires thirty (30) days written notice, except for cause, in which event cancellation can be effected on ten (10) days written notice. Permittee may cancel this permit by giving thirty (30) days written notice. 17. Permittee shall not sublet the premises nor assignor transfer the permit to any other parties in part or in whole without the prior written consent of the State. Failure to comply with this provision may result in ten (10) days written notice of cancellation of the permit by the State, and the State may immediately take possession and terminate all rights of the Perrnittee as of such moment. 18. It is understood and agreed by and between the parties that the Permittee ❑will ® will not be entitled to any relocation benefits provided under State and Federal law. 19. Permittee agrees and understands that the State is under no obligation to sell the property to the Permittee and that no commitment, express or implied, is made by the State to give the Permittee any preemptive right of purchase. 20. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non discrimination provisions, the Permittee will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status. Neither shall the Permittee discriminate in the use of the premises or any access thereto if such premises are used as a public accommodation or in connection with a public service. 21. Permittee hereby agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason of the use or misuse of the premises under this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises, caused by Permittee, its employees, agents or invitees. 22. If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein which can be given effect without the invalid provisions, and to this end the provisions of this permit are severable. 23. This permit shall not be effective unless accepted and approved in writing by the State. 24. Additional provisions to permit: See Page 5 ROW 75n (10106) Page 3 of 5 ACCEPTANCE: In consideration of the granting of the permit, the undersigned accepts all of the above terms, conditions and provisions. Fed. I.D. No. X FOR: Cit o£ Bnf� Corporation or Partnership BY: X Corporate Officer or Partner TITLE: X STATE OF X COUNTY OF X } SS: On the X day of X in the year X 20 before me, the undersigned, a Notary Public in and for said State, personally appeared X , personally known to rue on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /sire /they executed the same in his/her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. M. Notary Public RECOMMENDED: Date: Regional Real Estate Officer ACCEPTED and APPROVED: Commissioner of Transportation for the People of the State of New York M Director, Office of Real Estate Date: ROW 75n (10/06) Page 4 of 5 ADDITIONAL PROVISIONS TO PERMIT, A. The Permittee must limit use and occupancy to the State premises as delineated on attached Appendix A. This permit covers the area shown on the attachment exclusive of the area occupied by walls, columns, piers, or any other part of the highway structure located at ground level. In vertical dimension, it extends from the existing ground surface upward, however, as to any area under air elevated. structure of within fifteen feet measured horizontally from such structure, the vertical dimensions shall be from. the ground surface to a horizontal plane eight feet below the under side of the elevated structure: B. The purpose of this permit is to allow the permittee the right to sublease the State- owned/jurisdiction property; the sublease being at all times subject to the conditions of this permit.. Rental consideration in this permit will be an amount equal to 40% of the total rent received by the permittee for use and occupancy of the entire property as supported by a valid lease. The permittee is liable for rent at the beginning date of their sublease. C. THE PERlNMITrEE MUST OBTAIN A N.Y.S. DEPARTMENT OF TRANsPORTAI'ION HjGIJWAY WORK PERK rr PRIOR TO ENTERING THE STATE PREMISES WHEN ANY WORK IS TO BE PERFORiTMED ON TU STATE PREMISES. D. The Permittee accepts the State premises in its "as is" condition. The State makes no representation as to the absence of underground storage tanks, contaminated soils, hazardous waste, structures, or any other unknown features or similar underground impediments. Should the Permittee find some underground impediments, the State shall not be responsible or obligated to remove, remedy, or otherwise deal with such impediments or clean- ups. The State will allow the Permittee to rectify the situation using accepted engineering practices that are approved by the N.Y.S. Department of Transportation. Should the Permittee determine that such unforeseen underground impediments render the Permittee's work infeasible, tlue Permittee shall have the option of restoring the State premises to its original condition and not performing such work. E. Upon termination of this permit, the Permittee shall return the subject State premises to its original condition, or to a condition acceptable to the N.Y.S. Department of Transportation. F. No lights, wires, signs or any other fixtures may be attached to the highway structure, including supporting columns. G. Any access from this area to a city street shall be established and maintained at locations and in a manner approved by the Commissioner and by the City of Buffalo and the Department of Transportation H. No signs shall be permitted except those required to conduct parking operation. Advertising of any nature will be prohibited in the area. Permittee will not permit the placing, parking, or storing of vehicles, equipment, or other material within five feet of any column or other structure supporting the highway structure and will provide and maintain means of protecting such supporting columns in a manner approved by the Commissioner. 1. Fencing, if any, will be fireproof material and will facilitate natural ventilation. J. The permittee shall assume all liability for damage, theft, pilferage or vandalism caused to any vehicles or other property. K. If it is found necessary that additional reasonable barricades be installed or other protective measures should be taken to protect the structure or pedestrians, the permittee must comply within ten days. L. The Commissioner reserves the right and privilege of access to and from the area when it deems it is reasonable or necessary to maintain paint, or repair any part of the structure and upon request the permittee agrees it will not only allow access but will also close such areas designated by the State as needed for these purposes. M. The permittee agrees that it will hold the State completely harmless from any and all liability which may be asserted or claimed against it caused by the seepage of any salt or other materials used by the State on the surface or pavement of the structure which may fall and cause damage to vehicles or equipment. It is the sole responsibility of the permittee to determine when various pants of the parking lot or all of it must be closed to avoid such damage. N. Any improvements. or amenities are subject to the approval of the Commissioner of Transportation or his representatives. The Permittee shall maintain any other structures constructed by the Permittee in the permit area. These structures, however, erected and constructed, shall remain the personal property of the Permittee, and shall be removed by the Permittee at no cost to the State, upon the termination of this permit. 320'4'4 75n (10/06) Page 5 of 5 a. The Permittee shall provide sufficient vertical and horizontal clearance for any reconstruction, maintenance, ventilation and safety of the highway facilities. P. The Permittee shall hold the State of New York and/or the Department of Transportation and/or the Commissioner and his representatives and employees harmless from any liability for injury or damages caused by falling objects such as ice, snow, bridge parts and appurtenances, gravel, stone and miscellaneous debris resulting from the maintenance and /or operation of the arterial structure. To this end, the Permitter- shall furnish the State with Certificate of Insurance for the duration of this permit ROW 75n (10/ 06) Page 6 of 5 ft �\ Original Owner Lj Original Tenant ❑ Airspace Occupant Subsequent Occupant ❑ NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF HEAL ESTATE PERMIT FOR USE OF STA.TI -OWNED PROPERTY P.I.N. 5019.00.201 Inventory No. , Permit Account No. 5.1143 Property Location Bounded by Seneca, bower Terrace,: Franklin, and Thruway. right-of-way (as per attached Appendix A) Project Buffalo Sk yway Brid e -FAC 53-14 Fuhrmann Blvd. Art. Map No(s). various Parcel No(s). various County Erie Torun CityNillage Buffalo THIS PERMIT, made this X day of X , X 20 between City of Buffalo City Ball ]Buffalo, NY I4202 hereinafter referred to as "Permittee ", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF. NEW YORK, hereinafter referred to as "the State ", WITNESSETH; WHEREAS the State is the owner.of the above identified property hereinafter referred to as "property" or "premises "; and WHEREAS the Permittee wishes to use and occupy said property; NOW, THEREFORE, the State hereby grants this permit to the Per tittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used only for the purpose of: automobile parking, and for no other purpose whatsoever. 2. The fee to be charged shall be: 50 % of bid amount (see attached Additional Provision B) per year beginning April 1, 2011 3. Payment of fee is due on.the first of the. month unless otherwise stated. Fee must be paid by check, bath cashier's check or money order payable to "DEPARTMENT OF TRANSPORTATION" and mailed or delivered to: New York State Department of Transportation Revenue Unit, POD 5 2 50 Wolf Road Albany, New York 12232 ROW 75n (10106) Page 1 of 6 4. The Permittee understands and agrees that if the hull amount of the fee as stated herein is not paid within thirty days from the date billed as indicated on the billing invoice, interest penalties and collection fees will be imposed under the provisions of Chapter 55 of the Laws of 1992. The Permittee understands and agrees that the fee charged by the State may periodically be updated to reflect fair market value and the Permittee will enter into a new permit for the new fee if the Permittee wishes to remain in occupancy. Failure to execute a new permit will require Permittee to immediately vacate the premises. 6. The Permittee acknowledges the State's right to collect a security deposit. This sum will be retained as security to ensure faithful performance of the permit and compliance with all terms by the Permittee. The State hereby acknowledges receipt of $ N/A received on -NIA by ILIA (Dept. Rep.'s Signature) 7. This permit supersedes-the permit number 50656 issued to City of Buffalo in the amount of $1 payment waived per year approved by the Director, Office of Real Estate on 123I1982. 8. Permittee, at the Permittee's expense and for the term of the permit, shall furnish and show evidence of General Liability Insurance coverage issued by an insurance carrier licensed to do business in the. State of New York for the protection of the State of New York and Permittee against any claims, suits, demands or judgments by reason of bodily injury, including death, and for any claims resulting in property damage occurring on or in proximity to the permit area. Such General Liability Insurance shall be in the amount no less than $2,000,000.00 (Two million and 001100 dollars) (combined property damage and/or bodily injury, including death) single Iimit per occurrence, and shall name the People of the State of New York as an additional insured. The Permittee will furnish the State with a certificate of insurance, with a (30) thirty day(s) prior written notice of any cancellation or major change in the policy conditions. The permit shall be voided if insurance is cancelled, modified or lapses. Approval of this permit shall be contingent upon receipt, by the State, of a copy of a properly executed insurance certificate. 9. Permittee is responsible for any repairs, improvements or maintenance work of any kind on the property at Permittee's expense. The State may, at any time, periodically inspect the premises to determine whether same is in good repair and maintenance, structurally sound, and that no unsafe, hazardous, unsanitary, or defective conditions exist. 10. Permittee hereby agrees to admit State representatives and prospective purchasers or permittees to examine these. premises during reasonable business hours. 11. Permittee shall not place or store, or allow others to place or store, any flammable, explosive hazardous, toxic or corrosive materials, debris of any description, garbage or any materials commonly referred to as "junk" within the permit area, except fuel kept in the fuel tanks of legally parked vehicles allowed under the terms of this permit. Failure to comply with this provision may result in a ten (10) days written notice of cancellation of the permit in accordance with Provision 16 of the permit. The Permittee is responsible for the removal of these materials and/or all expenses incurred in their removal. 12. All arrangements of services for utilities, removal of garbage, rubbish, litter, snow and ice will be made by the Permittee at the Permittee's expense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically set forth in writing herein. Permittee shall comply with all local and State building standards /codes in the installation or repair of any utilities including but not limited to electricity and plumbing. ROW 75n (1€11 06) Page 2 of 6 F Permittee is responsible for keeping and maintaining the premises in a safe and clean condition, for the regular and prompt removal of garbage, rubbish, litter, snow and ice. Permittee shall be responsible for preventing damages to the plumbing system and premises caused by lack of heat or water damage from leaks. 13. Permittee is responsible to maintain the occupancy in compliance with any and all applicable local, State, and Federal laws, ordinances, codes, rules and regulations affecting the use of the property. Permittee shall not conduct or allow any use or activity on the premises inconsistent with law and shall not conduct or allow any use or activity on the premises which may require a permit or other approval by a government agency without having lawfully obtained such permit or approval, 14. The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use, and therefore a landlord tenant relationship is not hereby created; and further, that since this is not a lease, Section 5321 of the General Obligations Law does not apply to this permit to the extent permitted by law. 15. The State shall have no responsibility whatever for the loss or destruction of any improvements made by the Permittee or for personal property stored or being used on the premises. 16. This permit shall be renewed automatically for successive terms of one month each unless canceled by either party. Cancellation by the State requires thirty (30) days written notice, except for cause, in which event cancellation can be effected on ten (10) days written notice. Permittee may cancel this permit by giving thirty (30) days written notice. 17. Permittee shall not sublet the premises nor assign or transfer the permit to any other parties in. part. or in whole without the prior written consent of the State, Failure to comply with "this provision may result in. ten (10) days written notice of cancellation of the permit by the State, and the State may immediately take possession and terminate all rights of the Permittee as of such moment. 18. It is understood and agreed by and between the parties that the Permittee ®will ® will not be entitled to any relocation benefits provided under State and Federal law. 19. Permittee agrees and understands that the State is under no obligation to sell the property to the Permittee and that no commitment, express or implied, is made by the State to give the Permittee any preemptive right of purchase. 20. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non discrimination provisions, the Permittee will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status. Neither shall the Permittee discriminate in the use of the premises or any access thereto if such premises are used as a public accommodation or in connection with a public service. 21. Permittee hereby agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason of the use or misuse of the premises under this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises, caused by Permittee, its employees, agents or invitees. 22. If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein which can be given effect without the invalid provisions, and to this end the provisions of this permit are severable. 23. This permit shall not be effective unless accepted and approved in writing by the State. 24. Additional provisions to permit: See Page 5 ROW 75n (10106) Page 3 of 6 ACCEPTANCE: In consideration of the granting of the permit, the undersigned accepts all of the above terms, conditions and provisions. FOR: City of Buffalo Corporation or Partnership Fed. I.D. No. X BY: X Corporate officer or Partner TITLE: X STATE OF X ) COUNTY OF X ) SS: On the X day of X in the year X 20 before me, the undersigned, a Notary Public in and for said State, personally appeared X , personally known to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. Notary Public RECOMMENDED: Date: Regional Real Estate Officer r ACCEPTED and APPROVED: Commissioner of Transportation for the People of the State of New York Director, Office of Real Estate Date: ROW 75n (1 0/06) Page 4 of 6 � q ty ADDITIONAL PROVISIONS TO PERMIT: A. The Permittee must limit use and occupancy to the State premises as delineated on attached Appendix A. This permit covers the area shown on the attachment exclusive of the area occupied by walls, columns, piers, or any otherpart of the highway structure located at ground level. In vertical dimension, it extends. from th existing ground surface upward,. however; as to any area.under an.elevated. structure or within fifteen feet measured horizontally from such structure, the vertical dimensions shall be from the ground. surface,to a horizontal plane eight feet below the under side of the elevated structure. B. The purpose of this permit is to allow the permittee the right to sublease the State- owned/jurisdiction property, " the sublease being at all times subject to the conditions of this permit. Rental consideration in this permit will be. an amount equal to 50% of the total rent received by the permittee for use and occupancy of the entire property as supported by a valid lease. The permittee is liable for rent at the beginning date of their sublease. C. T HE P ERMITTEE MUST OBTAIN A N.Y,S. DEPARTMENT OF TRANSPORTATION HIGHWAY W ORK PERMIT PRIOR TO ENTERING THE STATE PREMISES WHEN ANY WORK IS TO BE PERFORMED ON THE STATE PREMISES. D. The Permittee accepts the State premises in its "as is" condition. The State makes no representation as to the absence of underground storage tanks, contaminated soils, hazardous waste, structures, or any other unknown features or similar underground impediments. Should the Permittee find some underground impediments, the State shall not be responsible or obligated to remove, remedy, or otherwise deal with such impediments or clean- ups. The State will allow the Permittee to rectify the situation using accepted engineering practices that are approved by the N.Y.S. Department of Transportation. Should the Permittee determine that such unforeseen underground impediments render the Permittee's work infeasible, the Permittee shall have the option of restoring the State premises to its original condition and not performing such work. E. Upon termination of this permit, the Permittee shall return the subject State premises to its original condition, or to a condition acceptable to the N.Y.S. Department of Transportation. F. No lights, wires, signs or any other fixtures may be attached to the highway structure, including supporting columns. G. Any access from this area to a city street shall be established and maintained at locations and in a manner approved by "the Commissioner and by the City of Buffalo and the Department of Transportation H. No signs shall be permitted except those required to conduct parking operation. Advertising of any nature will be prohibited in the permit area. Permittee will not permit the placing, parking, or storing of vehicles, equipment, or other material within five feet of any column or other structure supporting the highway structure and will provide and maintain means of protecting such supporting columns in "a manner approved by the Commissioner. I. Fencing, if any, will be fireproof material and will facilitate natural ventilation. J. The permittee shall assume all liability for damage, theft, pilferage or vandalism caused to any vehicles or other property. K. If it is found necessary that additional reasonable barricades be installed or other protective measures should be taken to protect the structure or pedestrians, the permittee must comply within ten days. L. The Commissioner reserves the right and privilege of access to and from the area when it deems it is reasonable or necessary to maintain, paint, or repair any part of the structure and upon request the permittee agrees it will not only allow access but will also close such areas designated by the State as needed for these purposes. A The permittee agrees that it will hold the State completely harmless from any and all liability which may be asserted or claimed against it caused by the seepage of any salt or other materials used by the State on the surface or pavement of the structure which may fall and cause damage to vehicles or equipment. It is the sole responsibility of the permittee to determine when various parts of the parking lot or all of it must be closed to avoid such damage. N. Any improvements or amenities are subject to the approval of the Commissioner of Transportation or his representatives. The Permittee shall maintain any other structures constructed by the Permittee in the permit area. These structures, however, erected and constructed, shall remain the personal property of the Permittee, and shall be removed by the Permittee at no cost to the State, upon the termination of this permit. ROW 75n (10/05) Page 5 of 6 O3 The Pernnittee shall provide sufficient vertical and horizontal clearance for any reconstruction, maintenance, ventilation and safety of the highway facilities.. P. The Per mittee shall hold the State of New York and /or the Department of Transportation and/or the Commissioner and his representatives and employees harmless from any. liability for injury or damages caused by falling objects such as ice, snow, bridge parts and appurtenances, gravel, stone and miscellaneous debris resulting from the maintenance and/or operation of the arterial structure. To this end, the Permittee shall furnish the State with Certificate of Insurance for the duration of this permit. ROW 75n (10106) Page 6 of 6 Permit# 51143 Area #1 only (as. highlighted)): Block bounded by Seneca, Lower Terrace, Franklin, and Thruway right-of-way. -0 Cf U. 5 A, JAI /V /V CO -0 Cf U. 5 A, JAI Original Owner El Original 'Tenant El Airspace Occupant Subsequent Occupant [] NEw FORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF REAL-ESTATE PERTVII ' IVOR USE OF STATE-OWNED PROPERTY P.I.N. S019.00.20I Inventory No. Permit Account No. 50656 Property Location Area t#2 bounded; by raiir€tad tracks, Pearl, Perry, and thruway right-of-way. Area i3 bounded b err y, Peary, Dante and Evans as per attached Appendix A. Project Buffalo Skyway Bridge. PAC 53-14 Fuhrmann Blvd. Art. Map No(s). various Parcel No(s). various County Erie Town City /Village Buffalo THIS PERMIT, made this X day of City of ]Buffalo City Hall Buffalo, NY 14202 20 between hereinafter referred to as "Permittee ", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OI' THE STATE OF NEW YORK, hereinafter referred to as "the. State ", WITNESSETH: WHEREAS the State is the owner of the above identified property, hereinafter referred to as "property" or "premises "; and WHEREAS the Permittee. wishes to use and occupy said property; NOW, THEREFORE, the State hereby grants this permit to the Permittee, subject to the following covenants and conditions: L The. property covered by this permit shall.be used only for the purpose of: automobile parking, and for no other purpose whatsoever. 2. The fee to be charged shall be 50 % of bid amount (see attached Additional Provision B) per year beginning April 1, 2011. 3. Payment of fee. is due on the first of.the.month unless otherwise stated. Fee must be paid by check, bank cashier's check or money order payable to "DEPARTMENT of TRAmPoRTATI ©N" and mailed or delivered to: New York State Department of. Transportation Revenue Unit, POD 5 -2 50 Wolf Road Albany, New York 12232 ROW 75n (10106) Page t of 6 The Permittee understands and agrees that if the full amount of the fee as stated herein is not.paid within thirty days from the date billed as indicated on the billing invoice, interest penalties and collection fees will be unposed under the provisions of Chapter 55 of the Laws of 1992. 5, The Permittee understands and agrees that the fee charged by the State may periodically be updated to reflect fain market value and the Permittee will enter into a new permit for the new fee if the Permittee wishes to remain in occupancy. Failure to execute a new permit will require Permittee to immediately vacate the premises. The Permittee acknowledges the State's right to collect a security deposit. This sum will be retained as security to ensure faithful performance of the permit and compliance with all terms by the Permittee. The State hereby acknowledges receipt of $ N/A _ _ received on N/A by NIA (Dept, Rep.'s Signature) This permit supersedes the permit number 50656 issued to City of Buffalo in the amount of $1 payment waived per year approved by the Director, Office of heal Estate on 4/23/1981 Permittee, at the Permittee's expense and for the term of the permit, shall furnish and show evidence of General Liability Insurance coverage issued by an insurance carrier licensed to do business in the'State of New York foi the . protection of the State of New York and Permittee against any claims, suits, demands or judgments by reason of bodily injury, including death, and for any claims resulting in property damage occurring on or in proximity to the permit area. Such General Liability Insurance shall be in the amount no less than $2,000,000.00 (Two million and 001100 Mars) (combined property damage and/or bodily injury, including death) single limit per occurrence, and shall name the People of the State of New York as an additional insured. The Permittee will furnish the State with a certificate of insurance, with a (30) thirty day(s) prior written notice of any cancellation or major change in the policy conditions. The permit shall be voided if insurance is cancelled, modified or lapses. Approval of this permit shall be contingent upon receipt, by the State, of a copy of a properly executed insurance certificate. 9. Permittee is responsible for any repairs, improvements or maintenance work of any Find on the property at Permittee's expense. The State may, at any time, periodically inspect the premises to determine whether same is in good repair and maintenance, structurally sound, and that no unsafe, hazardous, unsanitary, or defective conditions exist. 10. Permittee hereby agrees to adroit State representatives and prospective purchasers or permittees to examine these premises during reasonable business hours. 11. Permittee shall not place or store, or allow others to place or store, any flammable, explosive hazardous, toxic or corrosive materials, debris of any description, garbage or any materials commonly referred to as "junk" within the permit area, except fuel kept in the fuel tanks of legally parked vehicles allowed under the terms of this permit. Failure to comply with this provision may result in a tern (10) days written notice of cancellation of the permit in accordance with Provision lb of the permit. The Permittee is responsible for the removal of these materials and/or all expenses incurred in their removal. 12. All arrangements of services for utilities, removal of garbage, rubbish, litter, snow and ice will be made by the Permittee at the Permittee's expense, unless hereafter specified. The State shall have no responsibility to provide any services not specifically set forth in writing herein. Permittee shall comply with all local and State building standards /codes in the installation or repair of any utilities including but not limited to electricity and plumbing. ROW 75n (10106) Page 2 of 6 Permittee is responsible for keeping and maintaining the premises in a safe and.clean condition, for the regular and prompt removal of garbage rubbish, litter, snow and ice. Permittee shall be responsible for preventing damages to the plumbing system and premises caused by lack of heat or water damage from leaks. 13. Permittee is responsible to maintain the occupancy in compliance with any and all applicable local, State, and Federal laws, ordinances, codes, rules and regulations affecting the use of the property. Permittee shall not conduct or. allow any use or activity on the premises inconsistent with law and shall Trot conduct or allow any use or activity on the premises which may require a permit or other approval by a government agency without having lawfully obtained such permit or approval. 14. The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use, and therefore a landlord tenant relationship is not hereby created, and further, that since this is not a lease, Section 5 -321 of the General Obligations Law does not apply to this permit to the extent permitted by law. 15. The State shall have no responsibility whatever for the loss or destruction of any improvements made by the Permittee or for personal property stored or being used on the premises. 16. This permit shall be renewed automatically for successive terms of one month each unless canceled by either Cancellation by the State requires thirty (30) days written notice, except for cause, . in which event cancellation can be effected on ten (10) days written notice. Permittee may cancel this permit by giving thirty (30) days written notice. 17. Permittee shall not sublet the premises nor assign or transfer the permit to any other parties in part or in whole without the prior.wtitten consent of the State. Failure to comply with this provision may result in ten (10) days written notice of cancellation of the permit by the State, and the State may immediately take possession and terminate all rights of the Permittee as of such moment. 18. It is understood and agreed by and between the parties that the Permittee ]will ® will not be entitled to any relocation benefits provided under State and Federal law. 19. Permittee agrees and understands that the State is under no obligation to sell the property to the Permittee and that no commitment, express or implied, is made by the State to give the Permittee any preemptive right of purchase. 20. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non discrimination provisions, the Permittee will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status. Neither shall the Permittee discriminate in the use of the premises or any access thereto if such premises are used as a public accommodation or in connection with a public service. 21. Permittee hereby agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason of the use or misuse of the premises under this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises, caused by Permittee, its employees, agents or invitees. 22. If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein which can be given effect without the invalid provisions, and to this end the provisions of this permit are severable. 23. This permit shall not be effective unless accepted and approved in writing by the State. 24. Additional provisions to permit: See Page 5 ROW 75a (10/06) Page 3 of 6 ACCEPTANCE. In consideration of the granting of the permit, the undersigned accepts all of the above terms, conditions and provisions. FOR: CRY of Buffalo Corporation or Partnership Fed. I.D. No. N BY: Corporate Officer or Partner TITLE: STATE OF ) COUNTY OF X SS: On the X - day of X in the year X 20 before me, the undersigned, a Notary Public in and for said State, Personally appeared X , personally known to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. X Notary Public RECOMMENDED: Date: Regional Real Estate Officer ACCEPTED and APPROVED: Commissioner of Transportation for the People of the State of New York !C Director, Office of Real Estate Date: ROW 75n (10/06) Page 4 of 6 ADDITIONAL PxovlsloNS To PERMIT: A. The Permittee. must limit use and occupancy to the State premises as.delineated on attached Appendix A. This permit covers the area shown on the attachment exclusive.of the area occupied by walls, columns, piers, or any other.part of the highway structure located at ground level:. In vertical dimension, it extends. from the existing ground surface upward, however, as to any area under an elevated structure or within fifteen feet measured horizontally from such structure, the vertical dimensions shall be from the ground surface to a horizontal plane eight feet below the under side of the elevated structure. B. The purpose of this permit is to allow the permittee the right to sublease the State-owned/jurisdiction property, the sublease being at all times subject to the conditions of this permit. Rental consideration in this permit will be an amount equal to 50% of the total rent received by the permittee for use and occupancy of the entire property as supported by a valid lease. The permiace is liable for rent at the beginning date of their sublease. C. THE PFRAmiTTEE MUST OBTAIN A N.Y.S. DEPARTMENT OF TRANSPORTA'T'ION HIGHWAY WORK PERMIT PRIOR TO ENTERING THE STATE PREMISES WHEN ANY WORK IS TO BE PERFORMED ON THE STA'T'E PREMISES. D. The Permittee accepts the State premises in its "as is" condition. The State makes no representation as to the absence of underground storage tanks, contaminated soils, hazardous waste, structures, or any other unknown features or similar underground impediments. Should the Permittee find some underground impediments, the State shall not be responsible or obligated to remove, remedy, or otherwise deal with such impediments or clean - ups. The State will allow the Permittee to rectify the situation using accepted engineering practices that are approved by the N.Y.S. Department of Transportation. Should the Permittee determine that such unforeseen underground impediments render the Permittee's work infeasible, the Permittee shall have the option of restoring the State premises to its original condition and not performing such work. E. Upon termination of this permit, the Permittee shall return the subject State premises to its original condition, or to a condition acceptable to the N.Y.S. Department of Transportation. F. No lights, wires, signs or any other fixtures may be attached to the highway structure, including supporting columns. G. Any access from this area to a city street shall be established and maintained at locations and in a manner approved by the Commissioner and by the City of Buffalo and the Department of Transportation H. No signs shall be permitted except those required to conduct parking operation. Advertising of any nature will be prohibited in the permit area. Permittee will not permit the placing, parking, or storing of vehicles, equipment, or other material within five feet of any column or other structure supporting the highway structure and will provide and maintain means of protecting such supporting columns in a manner approved by the Commissioner. L Fencing, if any, will be fireproof material and will facilitate natural ventilation. J. The Permittee shall assume all liability for damage, theft, pilferage or vandalism caused to any vehicles or other property. K. If it is found necessary that additional reasonable barricades be installed or other protective measures should be taken to protect the structure or pedestrians, the permittee must comply within ten days. L. The Commissioner reserves the right and privilege of access to and from the area when it deems it is reasonable or necessary to maintain, paint, or repair any part of the structure and upon request the permittee agrees it will not only allow access but will also close such areas designated by the State as needed for these purposes. M. The permittee agrees that it will hold the State completely harmless from any and all liability which may be asserted or claimed against it caused by the seepage of any salt. or other materials used by the State on the surface or pavement of the structure which may fall and cause damage to vehicles or equipment. It is the sole responsibility of the permittee to determine when various parts of the parking lot or all of it must be closed to avoid such damage. N. Any improvements or amenities are subject to the approval of the Commissioner of Transportation or his representatives. The Permittee shall maintain any other structures constructed by the Permittee in the permit area. These structures, however, erected and constructed, shall remain the personal property of the Permittee, and shall be removed by the Permittee at no cost to the State, upon the termination of this permit. ROW 75n (10106) Page 5 of 6 O. The Perinittee shall provide sufficient vertical and horizontal clearance for any reconstruction, maintenance, ventilation and safety of the highway facilities. P. The Pennittee shall hold the State of New York and/or the Department of Transportation and/or the Commissioner and his representatives and employees harmless from any liability for injury or damages caused by falling objects such as ice, snow, bridge parts and appurtenances, gravel, stone and miscellaneous debris resulting from the maintenance and /or operation of the arterial structure. To this end, the Permittee shall furnish the State with Certificate of Insurance for the duration of this permit ROW 75n (10/06) Page 6 of 6 E� J is +' /• � , y � '4 i��..,3 a .t.•Ps ' R!� ,... \ �r -(;� 3i" " ,�. " f i J �� � "�"' �• � YNn � - ... "Silt \;c ��* i +} �' . .Y � L Ju��3a�. - --cam s •.% a O rsA • F .w� ,� o �� ✓ ,' �° Permit# 50656 (Area #2 and #3 only (as highlighted)): i _ , �r F $° \� Area #2 bounded by railroad tracks, Pearl, Perry, and \ thruway right -of -way: south portion of map 85T, parcel 85 Area #3 bounded by Perry, Pearl, Dante and Evans: map 56, parce€ 56 map 55, parcel 55 map 45, parcel 45 map 57, parcel 57 a M map 46 R1, parcel 46 map 76, parcel 76 �N s / map 47 RI, parcel 47 map 77, parcel 77 pp' y. map 48, parcel 48 map 78, parcel 78 map 49, parcel 49 map 79, parcel 79 M fi c�, , /� �ti map 50, parcel 50 map 80, parcel 80 map $1, parcel 51 map 81, parcel 81 map 52, parcel 52 map 82, parcel 82 map 83, parcel 83 } t Mr. Fontana moved: That the above communication from the Commissioner of Parking dated March 2, 2011, . be received and filed; and That the Conunissioner of Parking is authorized to execute Skyway Use and Occupancy Permits #50620, 51143 and 50656 upon the terms and conditions contained in said Permits as attached to the above communication. Passed. 14 TA.B:rmv T:Iwp641msxvordVtnv114e3- 8a.doe AVE *NO FONTANA FRANGZYK GOLOMBEK ]KEARNS LOO TO PRIDGEN RIVE. RUSSELL SMITH X ma 213 6 3/4- 7 x FROM THE COMMISSIONER OF HUMAN RESOURCES March 8, 2011 00018 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FEBRUARY 23, 2011 FROM: DEPARTMENT: DEPARTMENT OF HUMAN RESOURCES DIVISION OF COMPENSATION & BENEFITS SUBJECT: [:CONTRACT [:GREAT LAKES PHYSICIANS SERVICES [:INJURED ON DUTY (IOD) FOR POLICE AND [:FIREFIGHTERS PRIOR COUNCIL REFERENCE: (IF ANY) Ex. fltem No. xxx. C.C.P. xx/xx/xx) The Department of Human Resources /Division of Compensation & Benefits, has selected Great Lakes Physician Services for our Injured on Duty (IOD) process for the City of Buffalo Police and Firefighters. Great Lakes Physician Services will evaluate all injured on duty employees (Case Management) and provide timely access to medical providers, recommend light duty work; provide guidance for recommending Independent Medical Exam (IME) and /or surveillance. In addition Great Lakes Physician Services will provide weekly meetings with the City departments to review new /old cases. The Department of Human Resources /Division of Compensation & Benefits respectfully requests authorization from the Common Council to enter into contract with Great Lakes Physicians for the administration of IOD implementation for the City of Buffalo Police and Firefighters. The proposed contract will begin as soon as possible and terminate with the expiration period of one year commencing on day of full execution and approvals. SIGNATURE DEPARTMENT DEAD TITLE: OLIVIA A. L,ICATA ACTING COMMISSIONER OF HUMAN RESOURCES ON .. f i EMPLOYEE HEALTH AND WELLNESS MEDICAL CONSULTANT AND CASE MANAGEMENT CONTRACT This Contract, made as of the. day of January, 20.1 by and between the City of Buffalo, a municipal corporation organized under the laws.of the State of New York with its principal offrce at 65 Niagara Square, Buffalo, New York (hereinafter the "City ") through its Human Resources Department, and Be Well Healthcare Medicine, PLLC ( "BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES ") a Professional Limited Liability d /b /a Company Great Lakes Physician Services with offices located at 462 Grider Street, Buffalo, New York 14215. WITNESSETH: WHEREAS, on August 23, 2010, the City issued a Request for Proposals( "RFP ") seeking submissions from all interested parties to provide services as an employee health and wellness medical consultant for the Human Resources Department, Buffalo Police Department and the Buffalo Fire Department, a copy of which is attached .hereto and incorporated herein as Exhibit A; and WHEREAS, on September 9, 2010 University Emergency Medical Services, Inc., Occupational Health C UEMS ") submitted a proposal. to the City to perform the aforesaid services, and the proposal has been found acceptable by the City and is incorporated herein and made a part hereof as Exhibit B; and WHEREAS, UEMS has agreed to transfer its Occupational Health Medicine Practice to BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES; and WHEREAS, David P. Hughes, M.D., who is currently the Manager of the UEMS Occupational Health Medicine Practice will continue to manage this Practice through BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES; and WHEREAS, BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will continue to operate the Occupational Health Medicine Practice at the same location where UEMS has operated said Practice and will be doing business as Company Great Lakes Physician Services ; and WHEREAS, it is anticipated that the UEMS employees employed by UMS in its Occupational Health Medicine Practice will continue to be employed by BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES; and WHEREAS, it is anticipated that there will be no change in the level of medical services provided after the transfer of the Occupational Health Medicine Practice from UEMS to BWHM f D/B /A GREAT LAKES PHYSICIANS SERVICES; and WHEREAS, the City requires the services of BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES to provide services as an employee health and wellness medical consultant for the Buffalo Police Department and the Buffalo Fire Department; and WHEREAS, it is in the best interests of the City and The City of.Buffalo Human Resources Department to engage the services of BWHM DfB /A GREAT LAKES PHYSICIANS SERVICES d /b /a Company Great Lakes Physician Services as an employee health and wellness medical consultant. NOW, THEREFORE, in consideration of the mutual agreements set forth below the parties agree as follows: 1. PURPOSE The contents of this Contract are exclusive between, the parties and not available to other parties Within or outside the City of Buffalo Police Department and Fire Departments, 2. DESCRIPTION OF SERVICES AND COMPENSATION CONSULTATION (A) BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will provide consultative services to the City and will have direct involvement in the following aspects of employee health for the City as follows: I . Injured On Dray ( "IOD ") process development and implementation including: a. Reporting process /time by employee and supervisors. b. Review of initial reports. o. Provide timely access to medical providers. d. Consult on collective bargaining aspects ofIOD issues. 2. Weekly IOD meetings with City departments to review new /old cases: a. Recommendations regarding light duty. b. Recommendations for filing Retirement and Social Security Law 363 -c applications. C. Guidance for recommending IME or surveillance d. Approval recommendations for General Municipal Law 207a or 207c applications. 3. Direct communication between BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES and the third party administrator: a. Involvement in approval of applications. b. Involvement in long case management. C. Recommendations for IME. 4. Wellness program development as a means to change culture: a. Involvement in program initiation. b. Recommendations for grant applications. c. Program recommendations to mirror ongoing initiatives within the City at private companies and municipalities. S. Substance abuse policy development: a. Involvement in collective bargaining process to institute policy. 2 b. Random testing policy. C. Post - accident policy. G. Coordination of IME's: a. Recommendation regarding need and tinning of IME. b. Review of all IME reports. C. IME referrals. 7. Provision of medical records access in compliance with HIPAA. Evaluate trends for injury prevention: a. In conjunction with third. party administrator review injury trends. b. Assist in development of safety and prevention programs. 9. Light duty program: a. Evaluate current light duty programs. b. Recommend expansion or contraction of program. c. Review individual cases for length in program and permanency. 10. Quarterly stewardship reports in conjunction with Third Party Administrator. 11. BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will establish long- term strategic objectives in dealing with the safety and welfare of City employees. BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will also be involved in long -term strategic planning as it relates to each of the union collective bargaining agreements. (B) BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will provide services to the City on a fee for service basis as follows: Fitness for duty evaluations by medical providers to assess capabilities of injured or ill employees: a. Recommendations regarding light duty. b. Recommendations regarding accommodations. C. Review of all requests for accommodation. 2. Individualized service to the City: a. BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will provide direct consultative service to each department within the city. b. Our offices have dedicated Physician Assistants, Nurse Practitioners, Office Technicians and administrative staff. C. Off-site professional medical services (MD, PA, NP) available. 3. Emergency treatment provided 24/7 to City employees at ECMC: a. All employees registered as workers' compensation (General Municipal Law 207a or 207c) will have records faxed to each department within three business days. i� t 1 1 ( � b. All specialties represented at EC.MC. C. Level I Trauma services provided including Bern Unit and Hyperbaric Medicine (beginning January 2011). 4. Provide testimony at hearings. CASE MAMA GEIiEtV BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES will provide the following services with regard to case management. a. Review of Emergency Department records following an injury seen in the Emergency Department at ECMC, typically on the next business day. b. Forward work restrictions to the specific department C. Conduct an initial examination of all officers who claim they were injured in the line of duty. That initial examination is done the day the officer is injured or within 2 days of the same so that the City can approve or deny the injury under GML 207nc. d. Call the employee to arrange follow Etp within three days if required e. If employee seeks care at a different facility a files for IOD status we will make every effort to contact the employee to arrange follow up in Employee Health to assess status. IOD status should not be granted until an evaluation is made in Employee Health. f. Refer to specialty services and facilitate appointments if required with records of appointment requested to be sera to Employee Health as well as. the individual. g. Coordinate continued care through periodic office visits and facilitation telephonically. h. Assess capabilities at each Employee Health visit and assist the City to evaluate alternative medical treatment options which may then be ordered for officers. i. Communicate with each department and the IOD committee or Commissioner with regard to current status and prognosis. j. Review long term IOD ( 1 year or more) cases and evaluate individually in the Employee Health office. k. Communicate with primary physicians and specialists with regard to work status and MMI in addition to making assessments in the office based on physical exam and records. 1. Review high cost medical care for necessity and efficacy. m. Assist in preparation for arbitration. n. Assist in the medical aspects of filing for disability retirement. o. Input data for work done on each IOD claim into designated City of Buffalo Case Management software system. Will identify staff that will be performing these tasks so they me properly trained /instructed by City of Buffalo Third Party Administrator. (C) The City agrees to compensate BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES for the CONSULTING SERVICES described above by payment of the amount of $134,500.00 flat fee per year city fiscal year after all approvals. This amount shall be payable in 4 twelve monthly installments of $11,208.33 pro rated upon contract becoming effective. Said monthly payments shall be made by the fifteenth day of the month prior to the month in which the services will be performed. (D) The City agrees to compensate BWflM D /B /A GREAT LAKES PHYSICIANS SERVICES for the CASE MANAGEMENT described above by payment of the amount of $200;00.0.00 flat fee Per city fiscal year after. all approvals . This amount shall be payable in twelve monthly installments. of $16,666.67 . pro rated upon contract becoming effective: Said monthly payments shall be made by the fifteenth day of the. month prior to the month in which the services will be performed . (E) The City agrees to compensate BWHM D /B /A GREAT LADES PHYSICIANS SERVICES for the services provided on a fee for service basis described above as follows. All invoices for these services shall be paid within thirty days. FEE FOR SERVICE SCHEDULE Fit for Dray $ 50.00 Return to Work $ 50.00 New Hire Physical As Negotiated Sick Visit $ 50.00 Drag Testing $ 35.00 Individual office evaluations $50.00 /visit PROFESSIONAL SERVICES FEE SCHEDULE offsite onl PA/NF Off -Site Services MD Of Site Services Physician Testimony $ 90.00 /hr. (minimum 2 -hoar blocks) $250.00 /hr. (minimum 2 -hour blocks) $500.00/half day $'1,000:00 /full day 5. PERFORMANCE OF SERVICES BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES agrees to perform the services herein described in a manner consistent with that level of care and skill ordinarily exercised by other medical professionals and in accordance with the general directions given by the City of Buffalo Police and Fire Departments or their designees and that BWHM D/B /A GREAT LAKES PHYSICIANS SERVICES shall perform the services required herein in a timely manner. The City and its Police and Fire Departments shall provide BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES access to all information, records, and personnel rewired by BWHM D/B /A GREAT LAKES PHYSICIANS SERVICES to perform its services under this Contract. 6. TERM/NOTICES The term of this Contract shall be for the period of one year commencing on day of full execution and approvals and terminating June 30 "', 2011. This Contract may be extended upon mutual agreement of the parties, fdr two additional periods of one year each. Any extension entered into mast be in writing, with all terms remaining the same. Either party may terminate this Contract at any time without cause upon providing the other party with suety (60) Mays written notice. Such notice and any other notice(s) required or permitted under this Contract shall be hand delivered or sent: to the appropriate party by first class mail, postage paid or by overnight carrier to the following addresses: To the City: Hurnan Resources City of Buffalo 1007 City Hall Buffalo, New York 14202 To the Contractor: Be Well Healthcare Medicine PLLC Attn: David P. Hughes, M.D. 462 Grider Street Buffalo, New Fork 14215 Either party may, from time to time designate, by written notice, pursuant to this section another address or representative to which such notice or communications should be sent. 7. RELATIONSHIP OF THE PARTIES BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES. and the City agree that BWHM D/B /A GREAT LAKES PHYSICIANS SERVICES is an independent contractor, and not an employee of the City and that in accordance with such status as an independent contractor, BWHM D/B /A GREAT LAKES PHYSICIANS SERVICES covenants and agrees that it will not hold itself out as, nor claim to be, an officer or employee of the City, including but not limited to: worker compensation coverage, unemployment insurance benefits social security coverage, medical, dental or health insurance coverage, or employee retirement membership or credit by reason of this Contract. BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES shall not have the authority to bind or contract for the City, or any Department agency or unit thereof, or to make or incur indebtedness, liability or obligation on behalf ofthe City, or any department, agency or unit thereof. This Contract shall not be construed as creating an exclusive contract for services. The City retains the right to contract with others to provide life or similar services. BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES retains the right to provide such services to parties other than the City in its sole discretion. S. CONFIDENTIALITY BWHM D /B /A GREAT LAKES PHYSICIANS SERVICES recognizes that all medical and other personnel records and information obtained either directly or indirectly, is confidential and agrees that they will not divulge, disclose or communicate in any manner any such information to any third party without the prior consent of the City. BWHM DB /A GREAT 6 LAKES PHYSICIANS SERVICES agrees to comply with all applicable Federal and State laws and regulations governing confidentiality of records. Thc.confrdentiality provisions of this Contract shall remain in full force and effect after the termination of this Contract. we _c �. Upon termination of this Contract, BWH D /B /A GREAT LAKES PHYSICIANS SERVICES shall deliver all files, including but not limited to, all documents, data,. notes, memoranda, reports, including preliminary findings, interim reports, final recommendations and the work product thereof Other forms of information collected or received during the term of Contract with the City of Buffalo shall remain of become the exclusive property of the City of Buffalo and must be returned to the City of Buffalo at the termination of the Contract period. 10. ENTIRE AGREEMENT This Contract represents the entire agreement of the panties and theme are no other promises or conditions in any other agreement either oral or written. This Contract supersedes any prior written or oral agreement between the parties. 11. AMENDMENT This Contract may be modified or amended if the modification or amendment is made in writing and executed by both parties subject to all municipal approvals. 1:2, SEVERABILITY If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Contract is invalid or unenforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 13. INDEMNIFICATION The Contractor shall defend and indemnify and hold harmless the City from all claims, lawsuits or loss of any kind relating to personal injury or property damage resulting from its acts or omissions i n providing services. 14. INSURANCE BWHM ID /B /A GREAT LASES PHYSICIANS SERVICES herein agrees to maintain insurance coverage in form and substance acceptable to the City's Corporation Counsel, Comptroller, and Commissioners of Police Department and Commissioner of Fire Department, for the duration of the Contract, including but not limited to: (i) Workers' Compensation Insurance; 7 (ii) Medical Malpractice Liability Insurance in the amount of $1,300,000 per � occurrence and. $3 in the aggregate; (iii) General Liability Insurance (included but not limited to, contractual liability, bodily injury and property darriage) in the axroutt of $1,000,000 per occurrence and $2,000 in the aggregate under which the City of Buffalo must be named as an additional insured and Certificate Holder; (iv) Insurance coverage small be-maintained. throughout the contract and any extension periods. City Corporation Counsel shall be promptly informed of any changes in insurance coverage including updated insurance cer tificates, 15. APPROPRIATION It is understood by the parties that this Contract, or any renewals thereof shall be executed only to the extent of the monies available to the City and appropriated therdor, and no liability on account thereof shall be incurred by the City beyond monies available anti appropriated for the purpose thereof 16. ASSIGNMENT This Contract contemplates the particular services of BWJJM D /B /A GREAT LAKES PHYSICIANS SERVICES. BWHM D %B /A GREAT LADES PHYSICIANS SERVICES shall not assign, transfer- or otherwise dispose of this Contract, or its eight, title and interest therein, to any person, firm or corporation. 17, WAIVERS The :Failure of either party to enforce any provision of this Contract shall. not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 1$. APPLICABLE LAW The Contractor shall comply with all laws, rules, regulations and ordinances of the U.S. Government, the State of New York, and the City of Buffalo, including but not limited to the City Living Wage ordinance; and any other political subdivision of regulatory body which may apply to its performance under this Contract. This Contract shall be governed by the laws of the State of New York. For all purposes of this Contract, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Eric, and consents that any and all litigation shall be in such court. Human Resources Date Be Well healthcare. Medicine, PLLC d /b /a Great Lakes Physicians Services, by David P. Hughes, M.D., Managing Member Approved as to form only: David Rodriguez, Acting Corporation Counsel Date I t i Date ACKNOWLEDGMENTS State of New York ) County of Erie )ss. On the __- day of in the year 2010, before tne, the undersigned, a notary .public in and for said state, personally appeared David P. HtI.Thes, the Managing Member of Be Well Iealthcare Medicine, PLLC, d /b /a Great Lakes Physicians Services Personally known to one or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to the that he executed the same in his capacity as Managing Member of said Professional Limited Liability Company, and that by his signature executed the instrument. Notary Public State of New York ) County of Erie )ss. On the day of , in the year 2010, before me, the undersigned, a notary public in and for said state, personally appeared Karla Thomas, the Commissioner of City of Buffalo 1-luntan Resources Department, personally known to me or proved to the on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Commissioner of said Department, and that by her signature executed the instrument. Notary Public V FROM THE CITY CLERK March 8, 2011 GERALD A. CHWALINSKI City Cleric Registrar of Vital Statistics WILM R OLIV NCIA, JR. Deputy City Clerk LIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics March 1, 2011 All Boards and Commissions. 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 /t As required by the City Charter Article 18 -2 Meetings, all Boards and Commissions shall hold regular meetings. All meetings shall be open to the public with notice of such being filed with the city clerk. Article 18 -3 Reports, requires the filing of reports of their operations and action with the city clerk. A copy of the Article has been attached. Sincerely; Gerald A. Chwalinski City Clerk n i ER VE D AND FILED i 4 S 8'. § 18-1 THE CHARTER § 18 -5 ARTICLE 18 Boards and Commissions § 18-1. Boards, Generally. This article shall govern the creation and activity of all appointed boards, commissions, committees, councils or other like bodies in the city of Buffalo except as otherwise provided by this charter or other law. All members of appointed boards, commissions, committees, councils or other like bodies serving when this charter takes effect shall continue as such until the expiration of their terms, the positions are abolished, or they are removed pursuant to law or in accordance with the terms of this article. § 18 -2. Meetings. As soon as practicable following the first of the new year, and no later than January 31st of every year, each board shall hold an organizational meeting. Each board shall hold regular meetings as required by this charter or other law, and special meetings as may be necessary. Meetings shall be held upon the call of the mayor, director, the chairperson, or as specified in a written declaration by a majority of the members of such board. All meetings shall be open to the public with notice of such being filed with the city clerk. § 18-3. Reports. The chair or head of each board, shall in addition to the reports required by this charter, once in each year and at other times as the mayor may direct, make to the mayor and file with the city clerk, in such form and under such rules as the mayor or this charter prescribes, reports of their operations and action. § 18 -4. Expenses. The members of all boards of the city of Buffalo established in accordance with the provisions of this charter or other law shall serve without compensation for their services as such, but may receive reimbursement from the city for reasonable and necessary expenses incurred in the performance of their official duties subject to the terms and conditions stipulated by the mayor. In no case shall any appropriations be used for compensating any member of any such board for his or her services. § 18 ®5. Qualifications. (a) Residency (i) No person shall be eligible for election or appointment as the head or chair of a board or commission who has not been a resident of the city for a period of at least one year preceding the date of his/her election or appointment. 0:224.1 09-01-2010 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. RECENED AND FILED March 8, 2011 Address Business Name Owner's Name 170 Franklin Frankie Mohawk's Frankie Mohawk's LLC 326 Amherst St Sportsmens Tavern Sportsmens Tavern LLC 326 Amherst (alteration) Sportsmen Tavern Sportsmens Tavern LLC 615 Hopkins St Coach's Corner 615 Hopkins Inc, 708 Elmwood Acroplis maul Tsoufliois 131 Van Rensselaer 131 Van Rensselaer Marinaro Larkin Tavern, LLC 2192 Niagara St 2192 Niagara Riverfront on the Niagara, LLC RECENED AND FILED March 8, 2011 I X rh STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BE'VFRAGE CONTROL SLATE LIQUOR AUTHORITY Strnrdmdized ()RIGINAI. APPI.ICAEON NOTICE FORM forProvidinga RzRALA-djartS.e Notice to a I gc I Aiulticik litY or C ©mtttutlit� Beard in -viow l ionwithU iesubmissfwrtothe ,Store7,irpearAuihoriryajthe A 1't: nt's (} ' ittat first d� -P emises AlcQhptic Beveeage ,icerlst: Aaple;Itid4: t'ttr the Estahlishmeat ideaii£ICtf in tTtic Ng#ice fPaae l of 23 1, Date the Original copy of this Notice was Mailed to the Local Municipality or Connnunity Board: " TEU.- I}1iY' II AN E 1I1 I4 E.I 3 L IfQf} li�Je771 TQ TEi CL ] OI t 1 ` ' 2. Name of the local Municipality or Community Board: C 3. Streit Address of Local Municipality or Community Board: / 17- 4 . City, Town, or Village: 1v l �( NY Zip Cade: 5. Telephone Number of Clerk of Local Municipality or Community Board; LS 1`lG3RL+Fli7. `I AiLSTiTIM iU'Z U.T "VOM-- ,THVAPPI] Ta ORFt'1IIdt L,(Li1F{ T) =0N PI RII4 AL BIsVil UCEN8 AVPF C'l�C' It3(IYII THE ; FSMLfflHMENT 'IQE�RiI�- 11f:T[3I�Id1�IICL' Attorney's Fu Name is: _ 7. Attorney's Street Al (, y S. City, Town, or Village: ) fi Zip Code: 1 4. Business Telephone Numhero €Attorney; { �o TNB A 1? M C ANT'WjLL r:Arr. ai (fir). ArPc011l r' ii+1E Errtor -r>�. WORI)PRTOJCO1 Oti - WIl x T :WE ITT Wii3+ a ESTABLI S MEUr TilTYPEOfrBL19IIlE O MEFlSHEL6SVS7 Beer i 1 p• 3 Types) or Alcohol to he sold under fhe License (* °one Only i i }nine and Beer Only Liquor, wine, and Beer t Extent of Restaurant (Sale of Food FI Tavern- Restauiaut (A miiccd -use establishment that ToverTi ktait 11. ' Food. Service:: l uug /Adult Yenue / Primarily, N1tll Food Menu: has both a sif - down dining area and a'stand -up' bar Bar' (Alcohol- sales,priiiieiity. - meets;lega! ( Kitchen run by Chef) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12. Type of '' iloYel Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 6t10 Establishmen Music Jockey B ox (Small Scale 1 (Large Scale Dance Club) � or more patrons (X all 1 Club (c -g. Golf I Bed & Catering Stage , Topless Other thaYapply) Fraternal Org.) Breakfast; Facility Shows �� Entertainment (Spicily): Proposed" Patio Freestanding Garden I Other OutdoorArea(s): i None Rooftop or Heck Covered Structure Grounds (Spec*)- 1 Will the proposed License Bolder or a Manager be h sicall E P y y Present wit the establishment during Ali Hours of Operation? ( v r e : ! YES ® ( O 15x. Appilmijurr.SerieL isecr Nam y J IG: The AppLigilin F' Warne -as-it will apiicar in ttie'agplieairon !^` for the On- Premises Alcoholic Beverage Lieci is: l 7 iE The Dill Name of the Applicant's proposed licensed Establishment (the Trade Nth t under which the proposed Licensed Establishment vriH conduct business} is: iq y� Ls1 IS: The Appheant"s•proposed licensed'Fotalillshuient is:lneatei 'f wl thi¢+ t I ftf�OW1r1 : 6Add39:' ? City, Town. or Vila e: NY Zip Code:) 20. : The laroposcd Licensed Estabiietinient wlll -!fir located: oo the followibg floor( the buildiug;at the above addiess. i �� lad Within the bu d- mg. -at the above ad`dtess,.the proposed Licensed- Establishme vii be lheated:wittlin the room(s)mumbercd as ;fi>lluies: f 22; Business: Telephone Number theApplieant . 1 231 Number-aft he Applleant. e 24. € Business: E:- EStaif; Adtit:csa of the Aplllii'.ant' d 7 291 IFYOUKNOW- > �aattlexeevessaalcariolie' bezerag &liceuseineffectfartilea pace wfii you. urtend to Operate your. Ilcenyv�estalilishmentz Yes 1 No I Don t Know �ti'�NIa.. Tit t�Jt'`'� Hi7tl� i�?tC�' 1; LI�>.lS I�If,L,>3� 1;�kCA`f`fll�7,. Does the Applicant own the building in If "YES', SKIP items No. 27, 2S, 29, & 3(0) 2 b• which the proposed Licensed If .NO, _AR_ R items No. 27, 28,29 i$ 3t). Establishment will be located? (-W One Yes Lnf Go directly to Item No, 31, Then continue to Item No. 31, and complete the farm. NG and complete the form. 27. .' Building Owners Full Name is: '. 28. Building Owner's Street Address: �- 29. City, Town, or Village: ` 1 V t Zip Cade: 30 Business Telephone Number of Building Owner: r� , I r,!il F A STATE OF NEW YORK EX9 UTIV E DEPARTMENT •, I;IIVI ION OFALLOMOLICBEMUGECONTROL STATE LIQUOR AUTHORITY IN ORIIRR TO M aur SURE THAT PAGES LAND 2 PLEME RE- ENTER EttiRsllaT?L=I;Y BELOW THE jNF)GiRj,=6yRP,i XOUR COURTS; T Scrisl Number~ nt's I uIIllamc, cvMappea iade rilicati me of the Applic ant's proposed licensed Establishment (the Trot er which the proposcd Licensed Estabiishmentwill conduct busi S"idwd.d 0416 iNAL APPIICA - HON NCDTTCE FORM fore- viding a 3IlMoy Adv ng N 1ge to a Local AI ' i It nr Cumatani Haar in twmecxian wftfi the submission to !!te SYriie LtguorAufhoriryafrhe � for life tablivhitt t Ides " ed is n 'ce ftgL2 off2 VOTiCK ARE,1113I SEPARATED OR NUSPIACED, . OUR Ai'I'LICATION SERtA1 NUM ER, NAME', AND TRACE NAMM PPREClATED Ale i - �� c� hA& L- xv�zo» 1dMRE TM- APPLICANT RITFNIlS:Tf3OPERATE FiT /[ i[ R13MnsiiZVticanirt 31. Ili' YOU KNOW » Is a business that is licensed to sell alcoholic beverages currently being conducted in the space whem you intend to operate your licensed establishment? 'Yes L� CIO - I Don't Know lv3 32. Are you buying any asset(s) awned by the operator of the licensed business currently being conducted in the space whereynu intend to operate your licensed establishment? (For example; good will, equipment, furniture, cookware, dtshware, etc.) NO YEiIlANSWC TOITERi33 SKIPlCENIS;tI�1.33 -and 34_ G[iDIItECiLY ,.TO =Il lF'YOLIANSWEREl3110 ° 31 and 32' I' f .EASE:PROVIDE- TIEINMRWATIONREQI t0.COMIUCT (OR JKq& " IN THE SPACE iiS7ElV'I'. 7ReIi7E'Si3�:I�I►� 7*IC�I� IF A SUSMES.S LICERSED TO SM ALCOHOT.;IC BEVER AG S CYI'. 0PLRATEl7 SPAC.R WHERE 7fiIE Al?l?LICAN'1' iNTF.NDS Tt l'OI�RATE EILS /HEIZlI'FS 7?l2(]PO�D LICENSED >iS°FAALIa^Fi114Ii`YI`, l'IiIr;ASE I'At3V1I3E 1TCfT '( B,R'3E. TTO SIML �lff0UC' .. THAT W' M --. � #IW E: SPMM .. 33. IF YOU KNOW - Was a business that was licensed to sell alcoholic beverages previously conducted in the space where you intend to operate your licensed establishment? YeS NC) L_l I D on't Know I .t Are you buying any asset(s) owned by the operator of the licensed business that was most rowntly conducted 34 -- in the space where you intend to operate your licensed estahklsbment?j (For example. good will, equipment, furniture, cookware, dishwar e, etc_) Yes N O i t IF You ANSWEIEIT°I' S"TU FrEM NO, 31 or 32 or-33 oe34 THEN P PME'ANSWER I1F'M PIO: 35 mud:36 and "3.Zaud.38 39: - ' t� 1 8?�IIi'P`fI�.OPER1i'PpROE'� : 1 WiU 2!; THE RATE ' pgTO. OPERATEHISIIIERJlTSLICG t4SEf3E4TAEI IF YOU KNOW - The FLIn Name of the Operator of the licensed business 35 now being conducted (or that was most recently conducted) in the space where you intend to operate your licensed establishment IF YOU KNOW The Full Name of the.liomsed Establishment (the Trade Name) 36: now being operated (or that was most recently operated) in the space where you intend to operate your licensed establishment_ IF YOU KNOW - The alcoholic beverage license series number of the business 37- now being conducted. for that was most recently conducted) in the space where you intend to operate your licensed establishmenu IF YOU KNOW - The Type vi Alcoholic Beve 98: rage License held by the current (or most recea" licensed operato€: I Don't Know Ltd 3% and 39. 3 and 34_ � r I Don't Know I Don't I Don't Know 1F YOU KNOW - Telephone Number of the current ticensed operator or the moat recent licensed operator—e I IZ021t KtinW If the Oiigfal'Apphcat a is approaed les , I a the Pe . sttn who Wl(i hold the Licrose or m a PsixxeipaL of the Repentaitons us.this lot are ht ftill culr6nrmitY Freseutatio. with re I Enthg that will: bolts sloe I icerlse: m made its d0CUments :that Have beets a(tte sabnd l°` (ai dactu Bents -that will ire submitted to theSlate Li uor. Ruth 9, an id relied upon by t Authanty I unilexstand tlYat representations, na.ade in this::fnrtn xvM he als6 relied upon the Authority, and that false: representat wtts is attar ckle[zment Pe� . ubpd . to the A horitg map result in�reoacation, of my that be N.adecl By my. signature, I affi — under ftna ty of tub that ttae.represenfations nxade in this farm are. true i L — C— 1x11 -am p2 M Standardized ORIGINAL APPLICATIONV NOTICI� FORI4I for Prorldiuga 311- i3ay_Advanct:- �Iot(ce run Local Nlunicinality or Communi Board � in the $0111 -vion to die Stale liquor AnIhariiyof the ' `J Aplliieau Orieival {First} On- Premises Alcoholic Beverage License A mlication for the Establisltlltcnt Tdenlifted in this (notice (Page f of 21 f. - - Date the Original copy'of this Notice was Mailed to tile Local Municipality or Community Board: ' T13tS 3Q pAY ADVISNCE'N1�TiGE 19 131:,tl�IC'r 11ff�LE13 TO TA>a,bLUI ;K,OR T}I1; ...i - - o:. FO].tiOWt�l� I;QC�1L T�xCT�IICCPALi'1'Y Ott Ct]tvII+;IV�ITY.)3t�AR ➢` ?.. Name of the Local i4funicipality or Community Saard: STATE OF NEW YORK 3, Street Address of Local lvlitnieipality or- Community Board: l EXECUTIVE DEPARTMENT d DIVISION OF ALCOHOLIC BEVERAGE CONTROL NY Zip STATE LIQUOR AUTHORITY Standardized ORIGINAL APPLICATIONV NOTICI� FORI4I for Prorldiuga 311- i3ay_Advanct:- �Iot(ce run Local Nlunicinality or Communi Board � in the $0111 -vion to die Stale liquor AnIhariiyof the ' `J Aplliieau Orieival {First} On- Premises Alcoholic Beverage License A mlication for the Establisltlltcnt Tdenlifted in this (notice (Page f of 21 f. - - Date the Original copy'of this Notice was Mailed to tile Local Municipality or Community Board: ' T13tS 3Q pAY ADVISNCE'N1�TiGE 19 131:,tl�IC'r 11ff�LE13 TO TA>a,bLUI ;K,OR T}I1; ...i - - o:. FO].tiOWt�l� I;QC�1L T�xCT�IICCPALi'1'Y Ott Ct]tvII+;IV�ITY.)3t�AR ➢` ?.. Name of the Local i4funicipality or Community Saard: �'� / ��� �+ 3, Street Address of Local lvlitnieipality or- Community Board: ' • IZ4 j 11-51 2 � s 4. City, Town, or Village: z� d NY Zip Code: 5. Telephone Number of C €erk or local Municipality or Community Board: - I t ' ATT ORTfCY RGPI�ESENTING TIFF API?LtCAHT JdV COT€NECTILIT WITH Tti1✓ EIPPLICAAIT 3 O PitEivlt5ES fff C(5Ii()T iC` SUtiGj LICENSE 9PI?GiGt1TtON Ffl23 TFE ",E3TAS,LISttki] N t ltl]ENT[GIED 1N}i1S NOTICE . Full Name is: C A. 7. Attorney's Street Address: ' 1 - 8. City, Town, or Village: W. Se NY 14224 _ Zip Code, . 9. Business Telephone Number of Attorney: ' �/. 6 j 7 777 SHE APPLICANT WILL FILI AN ORIGINAL (FIRST) APP( FOR AN ON PREIv1tSCS ALC&JOLIC 13t tRAAGE LICENSE tN L3RDt 1? TO CONDUCT ' �VITtllfv CHE IDEI TIIsIED CSTABLISHMEtIT, -'T}IE TYPg OR $j1SINESS Dk SCRIBi 10. Type(sl of Alcohol to be sold under the License ( - X° one : Beet Wine and Beer Only Liquor, Wine, and Beer Only I L Extent of Food Service: I •R° one Restaurant 18ale of Food Tavern- Restaurant (A mixed use establishment that � Tavern / Cocktail Lounge / Adult Venue / Primarily; Pul€ Food Menu; has both a sit -down dining area and a °stand -up' bar Bar (Alcohol sales primarily - meets legal Kitchen run by Cheq where patrons may receive direct deliveries of alcoholl minimum fond availability requirements) 12 Type of Estab €ishment: that apply) hotel Live Disk ® Juke Patron Dancing [7 Cabaret, Night Club, Discotheque F] Capacity far 600 ] ;z 7 �• v l Music Jockey. l3ox... (Small Scale) (i,arge Scale Dance Club] or more patrons Club (e.g. Goif / Bed & Catering' Stage Topless Other �-- Fraternal Org.) � Breakfast Facility � Shows `� Entertainment, � .(Specify): 13. Proposed. Outdoor Arca(s): .None Rooitta p Patio Freestanding Garden / ,. Other or peck Covered Structure Groynds (Specify): 14. W01 the proposed License Molder or a Manager be physically present within the establishment during All Hours of Operation? ('X' one : YES NO 15. Applicat €an Se €iat Number. DO 16 The Applicants Fu11 Namr. as it_ will appear in the appkicatson for the On- Premisca Alcoholic Beverage License, is: 1 / d p j Tt V e /W - 17 The Full Name of the App €icant's proposed licensed Establishment Ith T rade Name under which the proposed Licensed Establishment will conduct business) is: O / -- �� �' Z 18 The Applicant's proposed Licensed Es[abnt is located within the building which has the fallowing g S [reet Address e 5 [ ,2 /`7 jJ 19. City, Town, or Vi€ €age: (� j`1y Zip Code: i. . C (} 20. The proposed Licensed Establishment will be located on the following ftooris) of the building at the above address; 2l. Within the building at the above address, the proposed Licensed Establishment will be located within the roomis] numbered as follows: 22. Business Telephone Number of the Applicant: 23. Business Fax Number of the Applicant: 24. Business E -Ma €i Address of the Applicant; 25 €F YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? yes No ® I Don't Know OW�IERflF,TEt> 73ULDINfiaINWIIiCHTH) jPtOPC5SE15LICENSE17jESTAB I,IHME]tT;WIL3 BI,:IOCATL!) 2&. Does the Applicant awn the building in whieb the proposed Licensed Establishment will he located? (X one If `YES ", SKIP stems No. 27, 28, 29, & 30 if `NO ", ANSW items No. 27, 28, 29, & 30, }�( Go directly to Item Ito. 31, ® Then continue to €tern No. 31, Yea b�l and eomp[cte the form. NO and complete the fnrm. 27. Building Owner's Full Name is:4 �Nl i 1,� D // ( S , csl���. p •, 28. Building Owner's Street Address: 23. City, Tawn, or Vi €loge: a Zip Code: 30, Business Telephone Number of Building Owner; f 6 &asa nsnjrrsn Standardized ORIGINAL APPLICATION NOTICE I OI2M jurProridlrlgo 39-1)ay Advntlee No ice to a L ai Iklan'ci alit or t ammunl Board �� in cunnectlan with the submission to fhe Stare Liquor Amharily ojfhe A IlieanE's OYI final IE1rst On- Premises Alcoholic Bev ra a Livens [li:stian Ar the. Estabiisltment Identified in this [ghee &Age 2 of 21 PLI;A9E 12E �ti'1'ER �E,L�}'L �CiN `'A��L`ATt(I13�3�EItlBL'��llfv[ TH IT�F�RIy�R RLr APDtf'fC� YC�i# h its ER NP 1s'H17 TI�AI?E NAt[E 77 K tly being conducted ff Arre STATCOFNEWYORK 16. The Apntont's flub tv tne as it will - appear ill the appplication for the On- Premises Alcoholic Beverage License, is: EXECUTIVE DEPARTMENT 17 Tile Full Name of the Applicant's proposed licensed Establishment ( Trade Name under which the proposed Licensed Establishment will. conduct hnsinessj is: DIVISI OF ALCOHOLIC BEVERAGE CONTROL ® STATE LIQUOR AUTHORITY Standardized ORIGINAL APPLICATION NOTICE I OI2M jurProridlrlgo 39-1)ay Advntlee No ice to a L ai Iklan'ci alit or t ammunl Board �� in cunnectlan with the submission to fhe Stare Liquor Amharily ojfhe A IlieanE's OYI final IE1rst On- Premises Alcoholic Bev ra a Livens [li:stian Ar the. Estabiisltment Identified in this [ghee &Age 2 of 21 PLI;A9E 12E �ti'1'ER �E,L�}'L �CiN `'A��L`ATt(I13�3�EItlBL'��llfv[ TH IT�F�RIy�R RLr APDtf'fC� YC�i# h its ER NP 1s'H17 TI�AI?E NAt[E 77 K tly being conducted ff Arre l5. Application Serial Number: r ,� 16. The Apntont's flub tv tne as it will - appear ill the appplication for the On- Premises Alcoholic Beverage License, is: / � ° Z_Z_ 17 Tile Full Name of the Applicant's proposed licensed Establishment ( Trade Name under which the proposed Licensed Establishment will. conduct hnsinessj is: htnent7 O CxMF - t�AR1�8fi` I,t1 �5 f1 1 TR t #LI A>VT I�iTN�IIbS TO C)f�E Ai 1iISf HE4� /I S PRf3l'OSE LCG' ftSCt3 S A13t tS Lttit C(7;fl flSk�PROvlp J K tly being conducted ff Arre �� t�A�'tJR`Q1��tiE bICET� 1 9t] fl�4�ffrS: fltR7�' Y"R�i?7S3��gNBIi�E��l3�(�1�[58T 1t�F�t'�' X Gt3N�UCT7g17i RCf TtIE SPACE 33 IF YOU KNOW - Was a business that was ]Icensed to sell alcoholic lieu rages previously conduetcd htnent7 ® No I Don't Know El in the space xvttere you intend to operate your livens establishment? Yes ® buying any asset(s) owned by th6 operator of the licensed business currently being conduetcd n' 1 Don' Know ❑ Are you buying any asset(s) owned by the operator of the licensed business Isat was most recently conducted pace Where you intend to operate your licensed establishments ample: good will, equipment, furniture, cookware, dishware, 34 in the space where you intend to operate your licensed stablishmen €7�3 ® No El I Don't ❑ etc.) {For example: good wilt, equipment, furniture, cook-war , dishware, etc.) Krioty 4 ?Ct Y : Yr u ' - _ - " x - s L�G'r€ S - 2 �"f�.7 ; ,A f t � IF A` 3 ��ST�f�$ s�IG '�iSEL��11,�0�16L1Cfi171;R1�Q�S ��(3C �� EL�7 �P�fs� �� N � , - �5 f1 1 TR t #LI A>VT I�iTN�IIbS TO C)f�E Ai 1iISf HE4� /I S PRf3l'OSE LCG' ftSCt3 S A13t tS Lttit C(7;fl flSk�PROvlp J I�IFp7tM4TlOtf .tYEG�t7NC+AiJY BU81IE8I3 7 ICEE71TE3EL k1 CRIOL�C IITiE��7€A7tW Up gR_ ERAT IEd PHE SRACE'- �� t�A�'tJR`Q1��tiE bICET� 1 9t] fl�4�ffrS: fltR7�' Y"R�i?7S3��gNBIi�E��l3�(�1�[58T 1t�F�t'�' X Gt3N�UCT7g17i RCf TtIE SPACE 33 IF YOU KNOW - Was a business that was ]Icensed to sell alcoholic lieu rages previously conduetcd IF YOU KNOW - The Full Name of the Operator the licensed busi . ss now being conducted (o lat t�snvat recently �tedl �/°'" in the space xvttere you intend to operate your livens establishment? Yes ® No ❑ 1 Don' Know ❑ Are you buying any asset(s) owned by the operator of the licensed business Isat was most recently conducted 34 in the space where you intend to operate your licensed stablishmen €7�3 ® No El I Don't ❑ {For example: good wilt, equipment, furniture, cook-war , dishware, etc.) Krioty tFYOt�A�f,$k[���11 �XJ'asls��l.TE�vf t�Q��l ar32s?i•3� 034 TIT �a � �4� [�lEl�% Tip `36''anyd�3ht s13�_ and�Szand 39 �� t�A�'tJR`Q1��tiE bICET� 1 9t] fl�4�ffrS: fltR7�' Y"R�i?7S3��gNBIi�E��l3�(�1�[58T 1t�F�t'�' X Gt3N�UCT7g17i RCf TtIE SPACE � :WH$RE'1%lE APPLfC'AId�`,ilf�`s'F�Ni�1u� •�O Qt '�:RA�C�HtSJ�ER�[T� E�!`1t�ifS�tMEI�� , �L�teE�Ti7iZ3�VI�E THr« ; 35, IF YOU KNOW - The Full Name of the Operator the licensed busi . ss now being conducted (o lat t�snvat recently �tedl �/°'" in the space where ya i t to operat our I' sed establishment. �oejl/ S / 2 1 Don't Know ❑ IF YOU KNOW - The FuIt N e of the lien d Establia nt a Trade Namel 36 . new beio rat for .t .:� was.Iaost - y operated) in the I Don't ❑ e v r au itend to c c your licensed establishment: Krioty W YOU KNOW - Th a b" olic e e license so n b of the business 37. now being n that was st recently conducted) I 1 Don't Know ❑ spa e u intend crate your licensed establishment; 38. IF he pe o A oho Bever a Lscense held by the irrn (or rece t ylicensed operator: fl ❑ Q ' 1 Don't Knott' 39 IF YO W hone Number o e current licensed operator ` a - the most recent h nsed operator: to I Don't Know ❑ 3 ) 3 1 Y if tlae Ortgtni r4pp1#rtton3approved, am t13e.1'��sinacyto}ivtUhold tkte Line oi;€ a}tto Pttnet�l o£ the LealsEtiUty ilia# wtll "hold the Ltcense; -. 40. _e�satftat in €ulc8ioily'rItl_rypFs?ttton Smd inetatlrnetlt tltat fiave ", . ffii {ox tloctttle is tat w33 pct Lttltor ` e,�Sta Autiott�ttd rapedtfton hY ' At(thority Vu tlt t reahrtt# frtt s rttade tt hjs fotm 11 Jae alsgx Merl t ann by e G IMP r tresenta tonattn any doctament fa t si' i 4 a tl]tn ttd'd tETSttle .�t7tl10Yt d 573 a`;fe. etlt t EEF!OC$tt rl� if'1 IC$Fla �{I{, &t S]7r'A� bt'i 343 tef€ i a my alEgaittl K. - ,�y uxtder��eaa�ty flfYl'�x�u>zy that the r�presenf�9�on�'4rfade to thi��fs7ranare true Primed Nam. Title Signature !Z "t!-MLP? !0 >3 standardiaerl ALTERATION APPLICA'T'ION NOTICE I+ORIVI far Pmrn1mg a 34 -Uay Advance tVatice m r L ral Munirl Ii arCvmmunit Board in ronneelion rvilh thesubmission to the Stale LiquorAalharity A licafion for Permission to Make Alterations fo€ the Establ hment identified in this Notice u�• •• b ra3 4 pY or IRIS donee was Malteq to the LOCal Municipality or Community Board: - 2 d a A STATE OF NEW YORK BC}AItD,: EXECUTIVE DEPARTMENT 2. DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY standardiaerl ALTERATION APPLICA'T'ION NOTICE I+ORIVI far Pmrn1mg a 34 -Uay Advance tVatice m r L ral Munirl Ii arCvmmunit Board in ronneelion rvilh thesubmission to the Stale LiquorAalharity A licafion for Permission to Make Alterations fo€ the Establ hment identified in this Notice u�• •• b ra3 4 pY or IRIS donee was Malteq to the LOCal Municipality or Community Board: - 2 d a TKIS 30 DAY A:T3UANC N4TIGT1 T I3E MAIL iyI] TQ THL s�PRK OF THE 1;O TaOWNG LOCiT MC71lICIT?ALIT Q2 GOM1vC'JNI? Y BC}AItD,: 2. Nameofthe Local Mt 'chi ore unity Board / ei a rC ii' oard; tA sO yyal kdt�ia P d. City, Tawn or Vila ffA zo ' ` l / 02— NY Zip Code: Telephone Number of Clerk of Local M icipaliry or Community Bnsrd: i. a e a / APPLICANT TNTaC1AMATIOI�I} G. Applicant's roll Name as it Appears on the License Ccrtifrcate: License Serial NO . 7 Stre Address of Premises City, Town or Village-Zip Code County Telephone No. 8' Type(s) of Alcohol Currently Sold tinder the License: (X" on Baer Onl Wine and Beer Onl �i uor, Wine and Beer �AAOPC)SEI7 CH,4NCrT3SlAI,"FERA'�II,TNS ..,: Ohec kOne t€ Sla ntial Alteration Any enlargement or contraction ofa licensed premises. Any'physical changes to the cxterier,;hat involves the creation or relocation of any window or door, and any interior changes of physicarshoclure. Any change in size or location ofbar, or dining and kitchen t. facilities. E] ar Minor Al leration One casting and valued at less than tcti €housand dollars, which doCS not affect the inalerial character or physical strucuve tlrxt existed al die €line nflicensin , it) Nhere will the Alteration bo emrfined to? If interior, will the Dceupancy change? Yes or No �nterior �xtegor tstiorandExterior CC A✓ C O n/t If Exterior, do you plan an milizing ou[door arCas? 1f Yes, which oeuGoor area? CIIeCkt3ne YCS OC No I I . ® RoottogPatiaorDeck FreestartdingCovcredStnicnire ❑OardenlGrounds ®Other 12. Is a Building Peanut required for this type of Alteration Yes r No Ifso, has petmil been applied fu Yes r No i; Will any entrance or )fprernises as altered be within 200' ofrhe entrance €o s scltoel, church or synagogue or other place Will there be a chanaddress upon completion of ofwatship? Yes No Alterations? Yes Nn 14, Are there any known limitations by the County or Municipality for this type of Alteration? Yes o No Is so, what arc they? ATTORNEY OK Ii P SENTATIUE R PTt SEi+1TING THE AM AN 11N CONNECTIf7I . WITH T'T-IE A1?I'I ICANT'S AI 1 ERATION AFPI TCATIt3N Rpit THE ESTAII ISHIYfEifiIDI NIITIED, ITV'TIlsI�[QTCE - till Name is: 15. EARL 4, KF RY € G. Altoniey'sStreetAddress: ��� ��lfl �t, City, Town or Village: t3usinessTelephoneNctntlrar: I understand that tepresentatlons made. in yt a uN a mrr o runc.ipat vt' #uGJ�1Ysu �.Rllty l�p[`�ull[ IlalCl:.ittC L3eel!$e y docu �vtth represenfatlans niade IR t acurilents that h er: het n;submlttIt (or ments thflt_ vtlk be sutimttted the Slate Liquor Autha€Ity attd rc(Ied'ilpun by ilia Autkonty >mt wilt also be relied +upotl by the Autharlty and rltat false reprxsentattans In any do�utiicnt submitted tv Authority play result =,r; revocattatt afany ltccnse tat may be; Issued.. uie I afffrmattidar Petial al.Yei iiir that Ilia re' fes�niation's,irsade to this'fartn are,tiue. X1A 5'uuufarclrzed ORIGINAL APPLICATION NO'T`ICE I OItt I for Yrrrrvr/inga STATE OF NEW YORK EXECUTIVE DEPARTMENT 30.Da A Yance Notice to n I Deal 1�In lei a i or Cu mttnit Board in ep�rrlSClfrNr ls'i!lr the srrhnrisj'Iarlo llr�SFrzte /-1 Nrrrl}Ir1hPr!! ulhe llIVISI ON ( STATE LIQUORAUTHORITY A i licant's Or! I at ff—Vt Cl. -Pr ises Aleo B 9-ye--j iCen a iieation for tlte_Estabiis6tnetlt Identified, jn „this iYotice Pa 1 0 2 1. Date the Original copy of this Notice was Mailed to the Luca[ Municipality or Community Hoard: (} THIS 3D -IDAY ADVANCE NQTt = M QNQ AILED:1`O IrIE Cf EAK OF 3I3 Ir0 -LO. ING "WCAL'ivII3N16PALR ;. C(? 3z�_11J IT1 Bf3AIiI� " 2. Name of the Local Municipality or Community Board: C7 ty o f Buf 3. Street Address of Local Municipality or Community Board: 1 1 3 0 8 Ci t y H a 11 4, City, Town, or Village: B u f fa lo NY Zip Code; 1 4 2 t 3. Telephone Number of Clerk of Local Municipality or Community Hoard: 7 1 6 8 5 1 A 5 4 3 AWORNEY REf'RE$ENT[NG TIIE APPtiCANT IN CONNUCTION WITH THE APPUCANft E)IZIGINAL (FIRST) ON- PREMISES ALC ©fIQI 1C SEC1Et2A(xE ICCN9E "r1PPLICA: 100 FOR Tx1 ES TABI ISI "Iit3 N1 "IDEitiTiFIEB IN -NOTICE ":" G, Attorney's PLO, N ame -i Max' E= G1.ICJj.1elIr17. 7, Attorney's Street Addre ss: 81 City, Town, or Village: Buffa N� Zip Code: 91 Business Telephone Number or Attorney; 7 6 8 9 7 O 4 THI 'APPLiCklt T V1tII L LE: ORIGINAL j] APPLTCAII. CJh FbCt AsY ON -Pt? MtSE$ ALCOx13T IC FiFVFT s1C.E X IUENSE ” 131 QRI }ER T€ CCINT?trCT WITHIN l fFE IPI tv'TIT IEB ES`I`ABUS11M.P1IT 1 F3E tYf�E C3T iJ INESS XJ SCtd18Et513E1 C34tr" 10. Beer IF 12 13, 14. 15. 16. 17. 18. 19. 20. 21. 22, 23. 24. 25. 26, Type(s) or Alcohol to be sold under the License ( °3L" one : Only o Wine and Beer Only E Liquor, W ine, and Beer Extent of Food Service: Restaurant {Sale of Food ❑ Tavern - Restaurant (A mixed -use establishment that X Tavern / Cocktail Lounge I Adult. Venue / Primarily; Full Food Menu; has both a sit -down dining area and a'Stand -up' bar Bar ( ono (Alcohol sales primarily -meets Legal Kitchen run by Chc€} where patrons may receive direct deliveries or alcohol) minimum food availability requirements) Type of Establishment: Hotel Live Disk Juke Matron Dancing Cabaret, NighLClub, Discotheque Capacity for 600 Music Jockey Box [Small Scale] (Large Scale Dance Club) or more patrons 1 `%° all that Club (e.g. Golf/ Bed 8 ❑Cate€ in g Stage Topless Other p Fraternal Org.) Brleaa'k°Ifast apply) Facility Show Shows Entertainment (Specify): Proposed Outdoor Area(s): ❑ p 11 None Rooftop 1 ] Patio Freestanding Garden / Other 11 Deck 11 or Covered Structure Grounds (Specify): Will the proposed License holder or a Managcr be physically prescnt within the establishment during All fours of Operation? ( 'X" one : I 7d YES I r NO Application Serial Numbcr: The Apnlicant's J, Name: as it will appear in the application 1 615 far the On- Premises Alcoholic Beverage License, is: Hopkins , Inc. The Full Name of the Applicant's proposed licensed Establishment (the Trade Name t Coach under which the proposed Licensed Establishment will conduct business) is: S Corner The Applicants proposed Licensed Establishment is located within the buiidingwhich has the follarvingS[reet Ad ress: 515 Hopkins S t.. City, Town, or Villago: Bu f f a 10 Y Zip Code: The proposed Licensed Establishment will be located on the following floor(r) of the building at the above address: First fl:�Qr; Within the building at the above address, the proposed Licensed Establishment will be located w €thin the room(s) numbered as follows: Business Telephone Number of the Applicant: 7 1 6 5 0 7 _ 8 7 4 2 Business Fax Number of the Applicant: Business E -Mail Address of the Applicant: tr rvu b,NOW - was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? Does the Applicant own the building in [f °YES', SKIP items No. 27, 28, 29, & 30 which the proposed Licensed Establishment will be located? ( ° %` nne yes El Go directly to Item Nn. 31, and complete the form. 27• Building Owner's Full Name is: Ronald Vil Game z 28. Building Owner's Street Address: 61 tj Hopkins St, 29. City, Tawn, or Villa =Buffalo 30. Business Telephone Number of Building Owner: 7 6 yes U - No ❑ I I Don't Know ❑ 11 "NO', ANSWER items No. 27, 28, 29, & 30. No ® Then continue to Item No. 31, and complete the form, Zip Code: 81 21 2 3 p 1 STATE RP NEW xoxK Sroodardized ORIGINAL APPLICATION NOTICE FOI21'i I for Providing o � EXECUTIVE DEPARTMENT 30 -Dav Advance Notice !o o Local L4nj flciRBjjjXo r Co uut ' Boa DIVISION OF ALCOHOLIC t3CWGRAGE CONTROL, in cwndeeliuve srilTt lLe srtfirriss {nrr lu fhe,l'luho L {grrorArrlhorlfr grfhe ., STATE LIQUOR AUTHORITY A ll t3t's dri final it t On- Premises Alc h Bev a e is se A lication for the 95igb1ishment Identified in thf )Notice ff'aae 2 of 2} 15. Application Scriai Number. 15 The Aoalican €'s Full Name, as it will appear in the application�'� a for the On- Premises Alcoholic Reverage License, is: I 615 17 The Full Na €ne of the Applicant's proposed licensed Establishment )the Trade Name I Coach Corner under which the proposed Licensed Establishment will conduct business) is: 1F A S.t}Sl3€CSS >LICENS�I) TO SELL ALCOIIOGIC B13UERAOE3 #SrJ�OT _i1RRENT6Y BEIIYO OPl,RkTEIa IN'I'HC $FACE WHERE THEAPPLICANTINTENf�STOOpERATi H[S(1fER %.1 TSPROP0881)L{CEN5E131SEY LISHA1EAlT,.FLIASCPRC7VtI]E 11. INFAR1tIA'II4AI IrAI?1]INC} ANY: BCtSIP1ER LIC1;N 3EIE SELL ALCi313OI IC BELTIx1t(i % II3Afi 1�A$ IS ©t3T E2EGEfITLY O�ItA4>�I] IH TII t'AGE,;. 33 lF YOU KNOW - Was a business that was licensed to sell alcoholic beverages previously conducted in the space where you intend to operate your licensed establishment? Are you buying any arse €(s) owned by the operator of the licensed business that was most recently conducted 34. in the space where you intend to operate your licensed establishment? (For example; good will, equipment, furniture, cookware, dishware, cte.J Yes ❑ I No ❑ I I Don't Know ❑ Yes ❑ No El 04 OR i AT](011 AI3t�UT-THL 0 FERATOR C3F TIM LIC91110m, IiPSIHSS8 C(IiZI±:I:NT'L `HSIEII7 U19AUGT A (OR Mt 1$ RI C$Pf7 17T L`t)11AUCiEU) .II� 1 E 8PAC) V APl?LICAIvTINCEIl( 35 f0OPERAfFf71$ jHERjITS LICEt35l ?DESTi]BLISWIvtEN ,P�EP6SPl2c3VIDI TEI)M'RQLIi3E€ITNGIHFDR1Ii)N IF YOU KNOW - The Full Name of the Operator of the licensed business - - 35. now being conducted (or that was most recently cdnductedl Susan McLaughlin [ Don't Know ❑ in the space where you intend to operate your Itcenscd establishment: IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name( 36. now being operated.(or that was most recently operated) Sus j e T s Corned 1 Don't Know the space where you intend to operate your licensed establishment: IF YOU KNOW - The alcoholic beverage license serial number of the business 37. now being conducted (or that was most recently conducted) 1 I Don't Know in the space where you intend to operate your licensed establishment: El IF YOU KNOW - The Type of Alcoholic Beverage Li for must recent) licensed cense held by On premi Liquor El 3$ ' the current a I Don't Know El perator: 39. IF YOU KNOW - Telephone Number of the current licensed operator 6 B 2 2 �31 �46 or the most recent lieensed operator: I Don't Know ❑ 1 40. 13y'iny .signature J afiirart tinder Penitiy of �erjurp ttat the r pi esentttons viatle mk Toren gib true. 7. Nmt� d t;a,.re n Nicholas Schaefer President !A '.' r. STATE OF NEW YORK sta,rdrrrdized ORIGINAL AP I,IL'A'TA N "e v < IORM fosYrovidinga EXECt1TIYE pEl'ARTMI3NT 3 .)p vau CY Ei ro a ca � ni i Iv or Commuuity I3aarrl 11IVISIONOFALGO } tpt , tCBEV RACECp€VTROLC '" _ fncannecripnsvhh lhesrrdmisriotrtolheStatelJquorArrlhprityofrh e j STATE LIQUOR AUTH ORITY li nt s Yi i frst I'r 1 C t h 1 Ile1qtInvile L`C ns A tlf" ��� Date the Origins[ copy of this Notice was Mailed to the Local Municipality or Community Board: ry 2 • Name of the ............ . . . . . . Local Municipality or Community Board: 3, Street Address of Local Municipality or Community Board: 4 • City. T ©wn. or Vil9ago : `-d�D Ci t — !p� Telepho NY Zip Code: s• ne.Nitt>E6er of Clerk of Local Munieipaiity ar Community Beard: a _ A lto rnoy's Full Name is: � ' ~` _ . rx A3 o L [ a� 1. •�--~ e 7 • Attorney's Street Address: $. Cily, Town, or Village: e9� Gip Code: r 9 • Business Telephone Number of Attorney: 6 11 21 I0. Type(s) afAleohol to be sold under the License ('X^ on deer O Wine and 13cer only Liquor, Wine, and Beer Extent of Restaurant { Sate of Food IL Food Service: Tavern - Restaurant (A mixed -use establishment that Tavern / Cocktail Wunge / Adult Venue / Primarily; FI Food Menu; has both a sit -down dining area and a'stand -up` bar Bar (Alcohol sales rimari] ( us) Kitchen run by Choi) where patrons may receive direct deliveries of alcohol p Y meets Legal '°'� ) minimum food availability requirements) 12. Type of Hotel � t (" ive Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 604 (Baal€ Scale) (Large Scale Dance C1ubi LJ or more patrons ( -W ail Cluh (e.g. GeV/ Bed ��"'� & Ctitage T opless that apply) Fraternal Org,) 1 Breakfast Catering S T Facility Shows �ther Eo t i € °pecif �r— C6 # ### j' 13. Proposed ("�� flatdoor Area(s): None Rookap ) yj ` atio Freestanding Garden / Other War Deck Covered Structure 11 Grounds (specif 14. Will the proposed License Bolder or a Manager be physically present within the establishment during All Hours of Operation? (`IV g , , YES NO 15. Application Serial Number; El IG. The AQnhean - °4 FFI€ as it will a ppear in the application i-�. for the On- Premises Alcoholic Beverage License, is: {i 17. The Full Name of the Applicant's proposed licensed EstablishmenC (the de N F �Lf � J under wltich Utc proposed Licensed Establishment will conduct business) is: 113 The Applicant's proposed Licensed Establishment is located within the building which has the following Street Addrnas :2 0 9 19• City, Town, or Village: AU' NY 'Lip 24. The proposed Licensed Establishment will be located on the following floor(a) of the building at.thc above address: 21 Within the building at the Lad above address, the proposed Licensed Establishment will he located within the roomis) numbered as follows; 22. Business Telephone Number of the Applicant: '� r _ �y _ 23. Business Fax Number of the Applicant: 24. Business E -Mail Address of the Applicant: 2s, IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where You intend to operate your licensed establishment? Yes T No � i Don't Know Does the Applicant own the building g in / if `YES`, SKIP items No. 27, 28, 25, & 34 lf'NO', A S 26. which the proposed Licensed WER items No. 27, 28, 29, gS 30. { - Establishment will he located? 7C" YCS l��/ Oo directly to item No. 31, NO ® Then continue to Item No. 31, 27. Building Owner's Full Name is; lete � and comp the form. and eamplete the form. 28. Building Owner's Street Address: 29, City, Town, or Village: Zip Code: 30, Business Telephone Number of Building Owner; con $ ��. STATE OF NEW YORK EXECUTIVE DEPARTMENT C��� DIVISION OF ALCO11OLIC BEVERAGE CONTROL r _ Sfondordized Offl i jj IAL APP ' A`1'I �I©T E t t�RM for Pruvldiago 0 -Da rN A va nc, � aNnt: ce to a aE u i ' ut unity Buhr r) STATE OF NEW YORK ! , " EXECUTIVE DEPARTMENT •.. . X DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized ORIQjNAL APPL ICA LION NOTICE FORM for Providinga 3_Q �?Itv Advance Nonce to a LoclilMunicinality ar Cotmunity Board in connection Wilt the submission to the State liquor Awhorlty ofths 3 Ap l ut's Ori final {Firs) On- P-rQnnises.Alcoliolie Fleverave,License Auulication t �°l f I l Co�l�� ;�sfaf�iishmenkldentiiied i t isNotice lPaae l oi21 'Tf F4m.Rl M t �A Date the Original copy or this Notice was Mailed to the Local Municipality or Community Board: i 1 p 1 i t � k < THIS 3f) I�,l'<Y�AbSfAt+IG�?'1QTIC� �5 I3EI1�G i�fAILCI =2 T4� `1`HG TFIE 3 ' �r - `� �r _ f � ,• _ 2. Name of tl3e Local #unicipality or Community Board: L-, 3. Street Address of Local A7unicipaiity nr Community Board: I � � � � f4A LL 4. Gity, Town, nr Village: NY Zip Code: S. Telephone Number of Clerk of Local Municipality or Community Board: _ `¢ r , , e, -° �fiTC}ItN�Y It�p A1>pI;TCAI\T IN L ZtIITt� `#`H); Ai?RI.It`t1�J�"$ y - =� 1 I��2IGIISAL �l?1R9T� ��I Pl21oM[�` AI.GOIIOLIG 13E'1TIaRACrR LIGE� 3V,zE APP�ICATIQA' FC3R THFa tS'TA$LIST�IvIF'I3T I�E�IT71:'jE'1;31N �'Fi15 �TfYP��.`14r � '< 6. Attorney's FLt1l Name is: I t �� A �j 7. Attorney's Street Address: r� n. City, Town, or Village: m�x) A Zip Cade: f 4 9. Business Telephone Number of Attorney: I ( q 'T 1 ` �' I�I�A�, pLTGAIyT WIGL ILE tTNOti`[ GINA7.[1' TItSTj APPLICATIOA}] RA�Q�t1' RI; MIS�3ALCOFIOI ,ICT3C�iVEI�A�'�F,IGEhTH�.' � ' , IN OI�EI�TO COISU'CT '4[iITI�IN TfIP+s ID1�N�'II<IED 1;3TAHLf$HivIP+,NT 1'HE'I 0I' $t131LES;; p�SQTt181:� I3E�L1W I0. Type(s) of Alcohol to be snld under the l;icensc ( "�' ne : � Onlr 1 I Wine and Beer Only I,tquor, Wane, and Becr Y 1 [ 11. Extent of Food Service: Restaurant (Sa1e ar Faod Tavern- Restaurant (A mixed -use cstaMishment that Tavern / Cocktail Lounge / Adult Venue / Primarily; Full Food Menu; has b oth a sit -down dining area and a'stand -up' bar Bar (Alcohol sales primarily - meets legal (')V onvj Kitchen run by Chel) where patrons may receive direct deliveries of alcoholl minimum food availability requirements) 12 Type of Establishment: Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 Hotel � 11 Music Jockey Box (Small Scale) (Large Scale Dance Club) or more patrons (_ all Club (e.g. Golf/ Bed & Catering Stage Topless then ❑ FraternalOrg.) Breakfast ❑ �(Specify): that apply) Facility Shows Ente €tainment 13. Proposed Outdoor Area(s): Patin Freestanding Garden Other None RonRnp or De ck Covered Structure Grounds (Specify): 14. Will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? ( 'X' i e : YES NO 15. Application Serial Plumber: 16. The Applicant's Fill Namc as it will appear in the applicatl n for the On- Promises Alcoholic Beverage License, is: A t P7 {� �; I ({�i� r a7 LL 17 The Fall Name of the Applicant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establishment will conduct business) is: 18, The Applicant's proposed Licensed Establishment is located 1 3 within the building which has the following trectAddress ( k( Aa AR Easse t om.\ 19, City, Town, or Village: Zip Code: 20. The proposed Licensed Establishment will be located on the following floor(s) of the building at the above address: I I — I 21. Within the building at the above address, the proposed Licensed Establishment will be located within the rooms) numbered as follows: 22. Business Telephone Number of the Applicant: 23. Business Fax Number of the Applicant: _ 24. Business C -Mail Address of the Applicant: 25 IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where intend to operate licensed you your establishment? Yes No ® I Don't Know fVYiiER L71IHBCJIGUYI I1fWHlCH liT PiQ]' 031 I�IGEN3l 1�$1ABLTSIIY7EIY WILI HLFIAA E ➢' .. .. 26. Does the Applicant awn the building in which the proposed Licensed / ir SKIP items No. 27, 28, 29, 6; 30 If "NO', ANSWER items No. 27, 28, 29, Fs 30. rte Go directly to Item No. 31, Then Establishment "3t ��8 continue to Item No. 31, NO ® will Ile located? ( and complete the form, and complete the form. 27. Building Owner's Nll Name is: 28. Building Owner's Street Address: 29. City, Town, or Village: Zip Code: 36. Business Telephone Number of Building Owner: _ 'Tf F4m.Rl M oA ,r STATE OF YORK standardized ORIGINAL APPLICATION i!`QTI£'k, FORM forProvidin a �. EXECUTIVE DEPARTMENT 3Q- Day AdvAnce_iNotice is a Local tt ci Alit r o IE unif Baa d �� in connection with the submission to the slate Ct' uor,4whorit o the DIVISION OF ALCOHOLIC BEVERAGE ` CONTROL q Y f �. A lleAnt'9 I i 9! ffirsj) E7tE preR1i585 AIeoY1 IiC IYCYCt'A c nse A !ic t'on STATE LIQUOR AUTHORITY he EstahYisllme tide t'f ed in th's Piotiee !Peas 2 0(2l 15. Application Serial Number: 16. The Applicattt!,S_kull Name as it will appear in the application for the On- Premises Alcoholic Beverage License, is; 17 The Full Name of the Applicant`s proposed licensed Establishment {the under which the proposed Licensed Establishment will conduct 31 • IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in the space where you intend to operate your licensed establishment? Are you.buying any asset(s) owned by the operator of the licensed business currently being conducted 32. in the space where you intend to operate your licensed establishment? (For example: goodwill, equipment, furniture, cookware, dishware, ete.1 Yes No ❑ I Don't Know Yes =No 33. IF YOU KNOW Was a business that was licensed to sell alcoholic beverages previously Conducted in the space where you intend to operate your licensed establishment? Yes No ® I Don't Know Are you buying any asset(s) owned by the operator of the licensed business that was most recently conducted 34, in the space where you intend to operate your licensed establishment? Yeg Na (For example: good will, equipment, furniture, cookware, dishware, etc.! 35. IF YOU KNOW - The Full Name of the Operator of the licensed business now being conducted (or that was 1 3 1 kJ A RIEPASSF—L.0,Ma most recently conducted( the space where you intend to operate your licensed establishment: -3 j Don't Know 4 st d IF YOU KNOW - The Full Name of the licensed Establishment (the Trade Name) t 36. now being operated (or that was most recently operated) in the space where you intend to operate your licensed establishment: � � I Don't Know IF YOU KNOW - The alcoholic beverage license serial number of the business 37. - now being conducted (or that was most recently conducted( � E ® ° I Don't Knows in the space where you intend to operate your licensed establishment; 38. IF YOU KNOW - The Type of Alcoholic Beverage License held by the current (or most recent) licensed operator: �' i� �� ! ���, �� � �LS�Z., I Dot3't I{noW El 39. IF YOU KNOW - Telephone Number of the current licensed operator or the most recent licensed operator: - I Don't Know ❑ 140. Printed N y es ! ne /� �y 'N le �'�°J e�q Epy� signature � j Iw. iVi'°4 L° ' ill F! F Zk tfR•4�U / C, ��^C ., L r? -120W, u? Ea; f , EXECUTIVE DEPARTKENT 31)4Dav dwance i�ntiee to a Local t'Anuici alit or Urtlnlntli hoard + itt cam:ection with dwsabnrsson to the tale Li uorAuthari o lire �y DIVISION OF ALCOHOLIC BEVERAGE CONTROL ii S 4 j3 f 1 "' ' A llcant's f rl1 'real first On- 1remises AlcoholicBevera e.Lecense A licatiou ��9 STATE LfQ1J012 AUTHORITY for the Fstablishment Identified in this Notice !Page 1 of 7] 1. Date the Original copy of this Notice was Mailed to the Lora] lviunicipality or Community Board; � fj 2. Name of the Local Municipality or Community Board: i (' % l:j ,�(_ • j 3. Street Address of Local Municipality or Community Board: ( i. 1 i I t 4. City, Town, or Village: -1r Zip Cade: f t,a f S, Telephone Number of Clerk of Local Municipality or Community Board: 6. Attorney's Full Name is: Attorney's Street Address: S i b i p 8. City, Town, or Village: 4 £ i 1 a ! - yl' s Ej i y ) `i Zip Code: jz, /'z 1 4. Business Telephone Number of Attorney: r�R f ...... 20Q.,., ic, •, -a-, - , ' -� t -. h'�Y -_ 4h.ils�l}'ktiAel Y�l LL# ELi�F -� _ - f3�C. 3 3�'11 5,7�' XSt�3htl^rY.r"U a']. IyII� 1�I�L�3• 10. IYpe(s) of Alcohol to be sold under the License ( °IC one : Beer Wine and Beer Only � Liquor, Wine, and Beer Y € 11. Extent of Food Service: ® Restaurant (Sale of Food Tavern- Restaurant (A mixed -use establishment that Tavern /Cocktail Lounge /Adult Venue / Primarily; Full Food Menu; has both a sit -down dining area and a ° stand -up' bar � Bar (Aicohol series primarily- meets legal { X one Kitchen run by Chet) where patrons may receive direct deliveries of alcohol) minimum food availability requirements) 12. of Establishment: { ° ] i Hotel { I Live ia Jockey Box (Small Scale} ❑ Disk 0 Juke ® Patron Dancing � Cabaret, Night Club, Discotheque Capacity for 600 i J I�I Mus Scale (Large Dance Club) or more patrons { ny� that Club (e.g. Golf / Bed & Catering Stage Topless i Other �" 1 Fraternal Org.) Breakfast Facility Shows apply) Entertainment (Specify): f e.- 13. Proposed Outdoor Area(s): ❑ None .Roofto ® Freestanding recatandin Garden Other p or Deek Covered Structure Grounds [Specify): :14. will the proposed License Holder or a Manager be physically present within the establishment during All Hours of Operation? (`IC o e YES j NO :15. Application Serial Number: 16. The ARR&Wftllrll N e, as it will appear in the application for the On Premises Alcoholic Beverage License, is: t S r 01 Er ei4 .nr - 00 =17, The Full Name of the Applicant's proposed licensed Establishment (the Trade Name under which the proposed Licensed Establlsltment will conduct business] is: 18 The Applicant's proposed Licensed Establishment is located the building � n j � � '�� v✓Ethin which has the fallowing Street Address € �{ (�,{. (.�i -- U� �.� �'(i'�c � -�.. �19. City, TOwn, tlr L+dtage: } t~r� ( r C,, 20. The prnposed Licensed FstaFilishment will be located on the following 400r(s) of the building at the above address: P1� � 21. within the building at the above address, the proposed Licensed Establishment will be located within the rooms) numbered as follows: '22• Business Telephone Number of the Applicant: r f ( _ v r .. 23 • Business Fax Number of the Applicant: 24. Business E -Mail Address of the Applicant: MTV' j 2 ZS" IF YOU KNOW - Was there ever an alcoholic beverage license in effect for the space where you intend to operate your licensed establishment? Yes N ® I Don't Know ❑ ?6. Does the Applicant awn the building in which the proposed Licensed If yE5 , al P items No. 27, 28, 29, & 30 If "NO °, ANSWER items No. 27, 28, 29, & 30. Y8s Go directly to Item No. 31, ® 'llien continue to Item No. 31, EstabG shment �vlll be located? ( 7 one O and complete the form, and complete the form. 17. Building Owner's Full Name is: ?S. Building Owner's Street Address: l9. City; Town, or Village: Zip Code: -0. Business Telephone Number of Building Owner: _ ...... 20Q.,., ic, f1 r 4fs, STATEOFNEWYORK l < EXECUTIVE DEPARTAMNT o DIVISION OF ALCOHOLIC 13EVPRAGE CONTROL STATE LIQUOR ACT HORTTY 31l I3ay,�dvatice Notice fo p I.actll hftenlrlpaltty ar Camnttrnity Board a � in comiection.wilh llte submission to the Stale Liquor,4whoiity ofalre �Uo Applica tit's grigiflal ffirst) On- Premises Aleoholie Bevera e'Meettse ARplieqtion for the Establishment Identified in this Nntiee fPaae 2 of 21 32, IF YOU KNOW - Is a business that is licensed to sell alcoholic beverages currently being conducted in intend Yes No ❑ I Don't Know El NO ❑ the space where you to operate your licensed establishment? -'N Are you buying any asset(s) owned by the operator of the Licensed business that was most recently conducted Are you buying any asset(s) owned by the operator of the licensed business currently being conducted -.K s 34. 32, in the space where you intend to operate your Licensed establishment? y�g NO 36. (For example: good will, equipment, furniture, cookware, dishware, etc.) ..... ..... ... 1 Don't Know Ow 33 IF YOU KNOW - was a business that was licensed to sell alcoholic beverages previously conducted in the space where you intend to operate your licensed establishment? Yes ❑ NO ❑ 1 Don't Know ❑ i (' l [' ' `( -: ( s `= ( `. �E f. 1 ' J (. E. Are you buying any asset(s) owned by the operator of the Licensed business that was most recently conducted in the space where you intend to operate your licensed establishment: -.K s 34. in the space where you intend to operate your licensed establishment? Yes ❑ No El 36. (For example: good will, equipment, furniture, cookware, dishware, etc.) ..... ..... ... 1 Don't Know Ow . . 40. Rioted Name Sigrta€ use ]) M r _ Ib`t)I�3A'IS�t7tf �$3t5Tfx ]�36al3tTr3ltVFWi� I:ID�yt(3I�f;€ 7'A ��,117G�'I)1El{)Ir>iG �Aiv'JCFLR� ll'i -CFA �#E,� €z L���'pEJS �f �'[ RP�tY''E _ _ �,_. �tVlfl.+` R3a: T�3E�I�tSI4 '�€'=iPPI`�NLlR't'IIC5l�R7i't' ivy# 4�L5�F�71' C: riY? ifc�l�lt. �1F: r;"= Y�tC'_ TrttRrreS� ?�a*n#ai�taii?atTiirt4 �: - - IF YOU KNOW - The Full Name of the Operator of the licensed business 35. now being conducted (or that fuss most recently conducted) i (' l [' ' `( -: ( s `= ( `. �E f. 1 ' J (. E. �{ I Don Know t l in the space where you intend to operate your licensed establishment: -.K s IF YOU KNOW - The Mill Name of the licensed Establishment (the Trade Name) 36. now being operated (or that was most recently operated) 5 =.. ! 1 Don't Know Ow in the spaces where you intend to operate your licensed establishment: % IF YOU KNOW - The alcoholic beverage license serial number of the business 37. now being conducted (or that was most recently conducted) ` ' , ` ` "1 I Don't Know El in the space where you intend to operate your licensed establishment: 1 -s 38 IF YOU KNOW - The Type of Alcoholic Beverage License held by - t the current ter most recent) licensed operator: C'()1 E `x:.`:3 I Don't Know 39. IF YOU KNOW - Telephone Number of the current licensed operator � T M F P To or the most rocent licensed operator: � I Don't Know 40. Rioted Name Sigrta€ use ]) M r _ Ib`t)I�3A'IS�t7tf �$3t5Tfx ]�36al3tTr3ltVFWi� I:ID�yt(3I�f;€ 7'A ��,117G�'I)1El{)Ir>iG �Aiv'JCFLR� ll'i -CFA �#E,� €z L���'pEJS �f �'[ RP�tY''E _ _ �,_. �tVlfl.+` R3a: T�3E�I�tSI4 '�€'=iPPI`�NLlR't'IIC5l�R7i't' ivy# 4�L5�F�71' C: riY? ifc�l�lt. �1F: r;"= Y�tC'_ TrttRrreS� ?�a*n#ai�taii?atTiirt4 �: - - 0004 M 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 Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED i March 8, 2011 ` #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE February .l6. 2011 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT (: BOARD ATTENDANCE C� 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 February 16, 2011, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman John. E. Kennedy, Jr., Assistant Secretary John D. Kennedy, Sr., Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: None DEPARTMENT HEAD NAME: DAVID P. COMER'ORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: 00022 Notices of Appointments v Council Interns I transmit herewith appointments to the position of Council Intern, Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. fa, March 8, 2011 94 (Rev 7 -07) ; Certificate of Appointment In con €pliauce 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 appoint €nent(s) or promotion(s). I further certify that the persons) named in Schedule "A" have been certified or approved by the Hunan Resourecs /Civil Service for the Appointment Effective: January 31, 2011 in the Department of Common Council Division of to the Position of Fillore District Intern V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) ; Starting Salary of $ 8.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Saladi Shebule DATE ADDRESS 976 Virginia St CITY & ZIP Buffalo 14201 LAST 4 DIGITS OF SSN. XXX -XX -4800 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 10920009 TITLE CODE NO 1774 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 5143 SALARY RANGE OF POSITION PER YEAR DAY DOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTINC Gerald A. Chwalinski City Clerk OTHER COPIES To: #3 COMpTrRoLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7 DIVISION #8 EMPLOYEES) #4 (Rev 7 -07) !' ' o P •` 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 promotion(&). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of January 31, 2011 Common Council City Clerk Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, unclassified (Insert one) 3 =-D Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Carol Csicsay DATE ADDRESS 9050 Tifftt St CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX - 7423 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 10220001 TITLE CODE NO 1775 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ. NO 5142 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Gerald A. Chwalinski City Clem 011 11201'1 a D 3 i i:t. � ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT PATE OTHER COPIES TO: #3 COMPTROLLER #4 - HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 48- EMPLOYEE #4 (Rev 7 -07) ' V �'_) �r 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 Schedttle "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of February 24, 2011 Noah District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 0.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Sara Grieco DATE ADDRESS 63 Gallatin Ave CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX - XX - 1898 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001-412002 TITLE CODE NO 1775 BUDGET ACCT. OBJ. PROD. ID PERSONNEL REQ. NO 5147 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTI� DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #a- BUDGET #B- DEPARTMENT #7- DIVISION #8- EMPLOYEE(M Gerald A. Chvvalinski 00023 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. 3 �f March 8, 201 I #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 appointtnent(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resourecs /Civil Service for the Appointment Effective: in the Department of Division of to the Position of February 7, 2011 Assessment and Taxation Clerk -- Seasonal Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE Seasonal Clerk NAME Lyana M. Luciano LAST DEPARTMENT AssessmentJTaxaltion DATE 4122110 ADDRESS 247 Nest Avenue LAST SALARY 11.87/hr CITY & ZIP Buffalo, New 'York 14201 LAST 4 DIGITS OF SSN. XXX -)(X-1033 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 10647001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2010 -28 SALARY RANGE OF POSITION $11.871hr PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Martin F. Kenne Commissioner — February 3, 2011 ORIGINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENL D TE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESIC1VIL SERVICE #7- BUDGET #13- DEPARTMENT . #9- DIVISION #10-EMPL _, _ #3 (Rev 1 -02) Certificate f Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of to the Position of Laborer lI Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Gary Quatrani ADDRESS 102 Hartwell Rd. CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -455 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE. NO 9624 BUDGET ACCT. OBJ. 412002 PROD, ID PERSONNEL REQ. NO 2010 -019 SALARY RANGE OF POSITION $11.87 PER YEAR DAY DOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: Steven J. Stepniak Commissioner 2/22/11 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: QIa.QLERK ; (ONIBEFORE APPOINTMENT DATE} OTHER COPIES TO: #b- COMPTROLLER. #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) H3 (Rev 1 -02) Certificate i t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Scheduie "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT jEnter Starting Salary) : Starting Salary of $11.67 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jacob Ortiz DATE ADDRESS 166 Columbus Ave. CITY & ZIP Buffalo, NY 14226 LAST 4 DIGITS OF SSN, XXX -XX -7763 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. 62002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412602 PROJ, ID PERSONNEL REQ, NO 2610 -916 SALARY RANGE OF POSITION $11.67 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 911111 SIGNATURE OF APPOINTING AUTHORITY: r `r� ORIGINAL + 3 COPIES TO: :CITY CLERK ON/BEFORE APPOINTMENT RATE OTHER COPIES TO: #5 COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) No. Appointments e Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. March 8, 2011 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: in the Department of .Division of February 28, 2011 MIS to the Position of GIS Specialist Permanent, Provisional, Temporary, Seasonal (insert one) Provisional Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) Step 1 - (Enter Starting Salary) : Starting Salary of $ 37916 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX -XX -0430 NAME Christopher Conee ADDRESS 6 Woodland Ct. CITY & ZIP Saratoga Springs, NY 12666 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - REFEERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1087100/ TITLE CODE NO 0991 BUDGET ACCT. OBJ. 41101 PROD. ID PERSONNEL REQ. NO 2010 - 109 SALARY RANGE OF POSITION 37916 -43641 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: o 1 ?n TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #6- COMPTR L #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S� #3 (Rev 1 -02) Certificate i t In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedute "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works 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 Starting Salary) : Starting Salary of $28187 LAST JOB TITLE Laborer 11 Seasonal NAME Luis Rivera LAST DEPARTMENT DPW DATE 2111 ADDRESS 85 Kentucky St. LAST SALARY $11.87 hr. CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -4483 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 15035001 TITLE CODE NO 5010 BUDGET ACCT. OBJ. 491001 PROJ. ID PERSONNEL REQ. NO 2010 -126 SALARY RANGE OF POSITION $22,187 - $36,978 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. SteDniak Commissioner 2125111 ORIGINAL* 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE 97- BUDGET 0- DEPARTMENT #9- DIVISION #10- EMPLOYEES) NONOFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS March 8, 2011 1 Public Meeting BUDC is hosting its second public information meeting regarding the d: The Buffalo Urban Development Corporation (BUDC) along with its partners, the Mayor's Office of Strategic Planning, City of Buffalo and a consultant team led by Sasaki Associates, invites you to attend a public information meeting to discuss the preparation of the RiverBend Development Plan. Wednesday, March 9, 2011 From 6:00 PM to 0;00 PM in the Emerald Ballroom of The Buffalo Irish Center 245 Abbott Road Buffalo, NY 14220 This meeting will include a brief overview of the previously held public meeting. A presentation will be given, which will provide an update on the progress of the project, including potential land use plans, preliminary results of a market study and overall opportunities for the future of the RiverBend site. A discussion and Q & A session will follow the presentation. Preparation of the plan is being funded by the New York State Department of State and National Grid. For more information about the meeting or other site- related issues, please contact; David Stebbins Vice President -- BUDC dstebbins@ecidany.com (7 6) 856 -6525 ext. 114 Bubb Ueban Nvebpnient Gorpo� n Hon. Byron 4N, Brown, Chairman Peter Cammarata President - BUDC pcammarata @ecidany.corn (716) 856 -6525 ext. 130 RECEIVED & filed, MIS and TELECOMMUNICATIONS c 7 00026 �O RAY A Mr. Richard A. Fontan Majority Leader and Lovejoy District Council Member Buffalo Common Council 1414 City Hall Buffalo, NY 14202 Dear Council Member Fontana, On behalf of the members of the East Lovejoy Coalition of Neighbors Block Club (LCoN), I respectfully request that you move towards creating additional parks and .playgrounds in the Lovejoy District. Our children in East Lovejoy Village would benefit greatly by having additional play areas throughout the neighborhood. The physical fitness of our children is of utmost importance. These parks and playgrounds will enhance the quality of life for all of the residents of East Lovejoy Village, who care very much about this neighborhood. The members of ELCoN want to maintain an attractive, safe and healthy environment for our area. A playground on every block? Any assistance that your office could provide to reach these goals would be greatly appreciated. Sincerely, 04� Maria Williams President, ELCoN FT I ON F FIL;LMORE J)Is`rRiCT COUNCIL iN4EMBER 2 March 2011 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 c Mobile Food Vending Dear Mr. Chwalinski: 65 NIAGARA SQUARE, 1315 CITY HALL BUFFALO, NY 14202-3318 (7:16)851 -4138 FAX: (716) 851 -4869 E -mail: clf =czyk@dty- buffalo.con' City of Buffalo Website: w w w:c ity -hu €f alo.conn Please file the attached letter from Michelle Cullen and Suzanne Glascoe who reside in the Valley neighborhood. They are interested in operating a mobile produce cart in the City of Buffalo. Your assistance is greatly appreciated. Sincerely, David A. Franczyk Council President Enclosure REFERRED TO THE COMMITTEE ON LEGISLATION, Corporation couself AND MHE DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS J -- Proposal to Vend. Fruits and Vegetables Objective: Provide a service of street to street vending of fresh fruits and vegetables, servicing people close to home, using local wholesalers and having as little negative environmental impact as possible. Michelle Cullen and Suzanne Glascoe would like to vend fresh produce from a push cart similar to those used at the Elk Market many years ago. We would purchase our produce wholesale at the Bailey Market from farmers or at Sunset Fruit and Vegetable. We would have little overheard as we would, have no permanent location and we would walk the produce around. There would be only the small initial investment to have the cart built and whatever permits we would need so we could offer the produce cheaper than the grocery stores and still make money. We would like to begin selling in our own neighborhood (The Valley) where we both own homes on the street we grew up on. There are some older folks here who no longer drive and rely on rides from family, public transportation, cabs or walking to get their groceries and this would afford therm another opportunity to have fresh produce. Right now their options are to go to Tops or head out to Nest Seneca for a supermarket. Very often the fresh produce is as expensive as the protein in the meal, making canned or frozen vegetables a more reasonable option when trying to make ends meet. There are a lot of working families here and if we could offer the produce cheaper they may be able to afford it more often. Fruit and vegetable prices are volatile but we believe we could bring them a product that has traveled the least distance, in the least time, at the best price. Kids may gain exposure to fruits and vegetables they may not have known about and it is always good for people to have more fresh items than processed (apple v, chips). We could work whatever overage we may have at the end of the day into our own meal for the evening, keeping waste to a minimum and for whatever waste there is we already use a compost heap for our own household vegetable matter and we till that into our own gardens each year so as to not use chemical soil enhancers. We would like to begin vending, as stated, in The Valley, and depending on how things go (time and amount of goods) proceed into the First Ward area. If things turned out to be successful we would possibly like to go out Jefferson or Fillrnore Avenues if we expanded. We are planning to speak with the people at the Larkin at Exchange building to see about stationing outside their building one clay a week but would like to have all other paperwork in order before doing SO. As Chapter 316 only addresses fruits and vegetables with regard to Free Licenses (316-5) we are seeking guidance as to what permit, permission or blessing we need to get this endeavor off the ground. 00028 THE STATE EDUCATION DEPARTMENT/ THE UNIVERSITY OF THE STATE OF NEW YORK /ALBANY, NY 12234 ,� OFFICE OF INNOVATIVE SCHOOL MODELS ROOM 471 EBA Tel. 5381474 -1762 Fax 5181474 -3209 € uc 1 , z l Irk", _I Mr. Mark Jaskula Common Council 66 Niagara Square ® Room 1413 Buffalo, NY 14202 -3318 Gear Mr. Jaskula. February 28, 2011 Your letter addressed to Commissioner Steiner dated February 14, 2011, has been referred to The Office of Innovative School Models for reply. The document detailing the adopted resolution has been received as well. The resolution presents a detailed and compelling view of the educational landscape as it currently exists within the City of Buffalo. The New York State Education Department .(NYSED) agrees that educating students in urban areas such as Buffalo is a tremendous . challenge, for the school district as well as the community at large. NYSED also recognizes the impact student achievement has on a community and the need to involve many and varied stakeholders in the process of educating its children. An education summit, as resolved by the Common Council of the City of Buffalo, would prove to be a forum for members of the community, the region and the State of New York to share their views and concerns. . The welfare of all children in New York State is the primary concern of NYSED, and we appreciate your letter and the information provided on behalf of the children of Buffalo. Sincerely, 7 � 4rew McGrath Assistant PT CIAC �a 01 0 �1 zE 00029 3 )Btlffato Common E MICHAEL. 1'4 KEARNS SOUTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PRONE: (716) 851 -5169 * FAX: (716) 851-4294 E- rnail: nikearns (Pcity- buffalo,com TO: Gerald Chwalinski FROM: Councilmember Kearns CHAIRMAN FINANCE TRANSPORTATION WATER! RoNT DEVELOPMENT CC3MMITTIES - - ,_ = BUt7GPT 6URA CIVIL SERVICE CLAIMS LEGISI.ATIV ASSISTANTS MAR ITIA -ANN MURPI W KEH Y M, KRUG RUSSELL C, WEAVER DATE: February 24, 2011 In Rem 43 Foreclosure October 2009 Forfeited /Default Deposits. I would like to file the attached information for the next Common Council meeting to be held on March 8, 2011. Thank you 'For the People' s_ V . BYRON W. BROWN 'MAYOR _ _W DEPARTMENT OF .ASSESSMENT & TAXATION February 16, 2011 Honorable Michael P. Kearns, Chairman Common Council Finance Committee Room 1401 City Hall 65 Niagara Square Buffalo, New York 14202 . Ame Cl IN't I i N1AWI'IN F. KENNEDY CON"i USSIONER Re: In Rem 43 Foreclosure October 2009 Forfeited/ Defaulted Deposits Dear Chairman Kearns: In regard to the question raised by Councilmember Russell regarding the amount of deposits forfeited to the City for the In Rem 43 Foreclosure Sale (October 2009), please be advised that forfeited deposits amounted to $82,620, by individuals who were cleared by Inspections and cleared by Collections but did not consummate the sale by payment of the balance due. There was an additional $47,020 defaulted by individuals who were either not cleared by Inspections, not cleared by Collections, or both. These proceeds were used to pay any amounts owed to the City by the bidder and the balance remaining was refunded to the bidder. Sincerely, " qA �.._. Martin F. Kenneee y Commissioner MFK /rjz cc: Hon. David A. Franczyk, President, Common Council Han, Darius G. Pridgen, Ellicott District Councilmember Hon. Michael J. LoCurto, Delaware District Councilmember Hon. Richard A. Fontana, Lovejoy District Councilmember Hon. Demone A. Smith, Masten District Councilmember Hon, David A. Rivera, Niagara District Councilmember Hon, Joseph Golombek, Jr., North District Councilmember Hon. Bonnie E. Russell, University District R EFERRED TO THE CO MMITTEE Ito N. Noble, Assistant Corporation Counsel FI Ann Marie LoFaso, Principal Assessor ON Latifa Mack, Senior Tax Administrator Secret Thompson, In Rem Specialist 65 NIAGARA SQUARE / 101 C1 i- ALL / BUFFALO, 4Y 14202 -3385 / (716) 851 -5 7 733 / FAX: (716) 851 -5730 04030 MICHAEL P. KEARNS SOUTH DISTRICT COUNCIL MFA MFR 65 NIAGARA SQUARE, 1401 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851-5169 * FAX: (716) 851 -4294 E -mail: mkearnsa)dty- bUffaI0 -con) TO: Gerald Chwalinski FROM: Councilmember Kearns DATE: February 23, 2011 . Letter from Citizens for Regional Transit CHAIRMAN FINANCE TRANSPOR i ATION WATFRFRomy DEvr— !_oPmEN1 CONAMITTEES BUDG T BURA CIVIL- Suvict: CLAUS LEGISLA11VE ASSISTANTS MARTIIA -ANN MURPHY KELLY M. KRUC, RUSSFU- C. WEAVER I would like to file the attached information for the next Common Council meeting to be held on March 8, 2011. Thank you "For the People' February 18, 2011 Dear Councilman Kearns, Citizens for Regional Transit (CRT) requests the Transportation Committee of the Buffalo City Council hold a public hearing regarding the project: Cars on Main Street. CRT proposes that the design for the 600 Mock of Main Street should be reevaluated, in view of recent information that there is no Federal funding to complete the project. CRT also will bring to the City Council additional suggestions to ensure that the design for reopening the 600 Mock to vehicular traffic will not interfere with the operations and maintenance of Metro hail. Sincerely, Gladys Gifford, President 0 CD THE COMMITTEE February 2.1, 2011 Jame 'Pajak, Chief of Staff 4u"ffalo City Council 1413 City Ball Buffalo, New Fork 14202 Dear Mr. Pajak: At the request of Pittsburgh City Council Members, attached please find a copy of the Will of Council, Resolution No. 46, which was presented in Council, Tuesday, February B, 2011, extending its support on the passage of the City of Buffalo's ban on Marcellus Shale Drilling. As you will read, Pittsburgh City Council stands united with Buffalo City Council in the effort to protect the health, the welfare and safety of the people who we represent. If you have any questions or comments, please feel free to contact any office. /kc attachment Sincerely, _ f LINDA M. HNSQN- WASLER City Clerk RECEIVED ADD FILED t' R esolution V1 L4 WHEREAS, on November 16, 2010, Pittsburgh City Council unanimously passed an ordinance to ban Marcellus Shale drilling within city limits, malting Pittsburgh the first municipality in the state of Pennsylvania to halt Marcellus Shale drilling; and, WHEREAS, on February 8, 2011, New York's Buffalo City Council followed suit, passing a bill banning hydraulic fracturing in a 9-0 vote, leading the movement in New York against Marcellus Shale; and, WHEREAS, two cities, Buffalo and Pittsburgh, are leading the nationwide fight against hydrofracking, potentially spurring other communities to do the same; and, WHEREAS, reports and testimony have shown that the process of extracting the Marcellus Shale, namely hydraulic fracturing or "fracing," has resulted in the contamination of water wells and drinking water; and, WHEREAS, municipal governments have a duty to protect the rights of community residents against corporate activities that clearly jeopardize those rights; and, WHEREAS, state - chartered corporations do not have a right to engage in activities that threaten the inalienable rights of members of the community. NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh commends and supports the Council of the City of Buffalo on the passage of their ban on Marcellus Shale drilling. We stand united with Buffalo City Council in the effort to protect the health, the welfare and safety of the people who we represent. CO- SPONSORED BY COUNCIL PRESIDENT DARLENE HARRIS AND MEMBERS OF COUNCIL REV. RICKY V. BURGESS, PATRICK DOWD, BRUCE A. KRAUS, R. DANIEL LAVELLE, RILL PEDUTG, NATALIA RUDIAK AND THERESA FAIL -SMITH Recorded in Resolution Book, Volume e , this day of , 20 �. March 7, 2011 Comman Co uncil • City of Buffalo, N Y Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, NY 14202 RE. Resignation of Members of the Joint Commission to Examine Police Reorganization Dear Mr. Chwalinski: Chief ofbtrtff l� Jaanes S. Pajak l .Senior Legislative Assistant IV Kcvin N1. [Juder .Senior Legislative Assistants Miirk J. JaAuln Wilik na I3. 1 icala hilia A. 3 Melissa Sa11ehe2- I°ernmtd0z Richard wall Legislative Aide James N. Jackson Please file this communication with the Common Council Meeting for their meeting scheduled for Tuesday, March 8, 2011. Enclosed herewith are copies of emails tendered by the following members of the Joint Commission to Examine Police Reorganization, evidencing their resignation from their appointed positions for the reasons cited therein. Please be advised that we have redacted all personal information from the cited emails. Gerhart, H. Wayne Sobol, James J. Rodriguez -Lane, Crystal O'Connor - Baird, Susan Higgins, Thomas F. Thank you for your assistance in this matter. Sincerely, JA ES S. PA ommon Council Chief of Staff RECEIVED, N DIF - ILED I 65 Niagara Square - Room 9413 Buffalo, New York 14202 -3318 ICS Phone: (716)859 -5105 Fax: (716) 851 -4234 From: Wayne Gerhart Sent. Sunda ,.March..06, 20.1 7:25 AM TO Subject: RE: meeting Fellow Commissioners At this time due to my continued business travels and time constraints I regretfully resign from the Police Re- organization Commission. Yours truly, H. Wayne Gerhart From: Sobol, James 3: Sent: Saturday, March To:.. Subject: Police reorganization Commission Dear Commission Members, I apologize For my delayed response but I was out of town for a criminal justice conference. While I feel the work of the Commission is needed and necessary, especially at this time, in light of recent events I can no longer serve as a member or the Vice -Chair of the Commission. Please accept my resignation effective Saturday March 5, 2011. It was a pleasure meeting and working with you. Best of luck in your endeavors. Sincerely, Jim Immne I Cnhnl �h E� From: Rodriguez,Crystal J. I wish you the best of luck. C3R -L Crystal 3. Rodriguez -Lane, 3.D., LL.M. Executive Director Commission on Citizens' Rights and Community Relations City of Buffalo crodriguez(@City- Buffalo.com 716-851 -8000 Dear Commission Members: After a tremendous amount of thought, I find it necessary to resign and ask that you would please accept my resignation effective March 7, 2011. From: su Sent: Mo To Dear Commission Members, As several of you know, I have been in New York on family business since last Thursday 3/3/11 returning only yesterday. After receiving the stunning news concerning the arrest of Ricky Allen via e -mail late Thursday, I have attempted to keep up with all news reports and e -mail communications sent by Commission members. In December 2010 I was asked to serve on the Commission. I accepted, hoping to contribute to a fair and open process that would result in real change. The Commission's charge to develop credible recommendations that would help to improve the safety and protection of our community as well as our dedicated police officers was long overdue. The major strength of the "Joint Commission's" final recommendations would come from it's collaborative structure involving the police, citizens, law enforcement professionals, and politicians. Unfortunately, the arrest, news report, and subsequent antagonistic remarks by members representing the Commission have inflicted irreparable damage to the integrity and in the end the credibility of the Commission's work, Therefore, it is with disappointment that I can no longer serve as a member of the Commission. Please accept my resignation as of today, March 7, 2011. Sincerly, Susan O'Connor Baird Front: Torn Wiggins. Sera; Tuesdav, March o8 .2011 9;58 AM To.. Subject: Resignation from Police Comm.Board Dear Please convey this message to the board members that I am resigning from the Police Commission Board of directors effective immediately. I do so for the following reasons; the allegations against Mr. Rickey Allen, the criminal background of another board member, the resignations of several other members for various reasons, the on going dispute between Council member Kearns and the Police Commissioner, and the threatening tone of Mr.Terry O'Neills e-mail of 3/5/11. This board was set in place to assist the Buffalo Police Department with recommendations to improve it's operations, not to get into arguments with the commissioner. If anything needed to be aired out it should have been in private and not in the media. In addition, the Mayor has not assigned anyone to the board. Respectfully Thomas F. Higgins February 25, 2011 MARK JASKULA SR. LEGISLATIVE ASSISTANT THE COMMON COUNCIL 65 NIAGARA SQUARE RM 1413 BUFFALO NY 14202 -3318 Dear Mr. Jaskula: U 3 I�-� This is in reply to your request for comments regarding the proposal to change the street address for the Buffalo and Erie County Historical Society at 25 Nottingham Court to" Museum Court.° The U,S. Postal Service does not foresee any negative impact from a service point of view, and we therefore offer our recommendation to the Council to approve the proposal. In addition, we offer our services to the Historical Society to help them with the submission of the required change -of- address information and other related postal matters. Sincerely, Phelan Postmaster, Buffalo NY cc: Doug Hlav;aty, Mgr. AMS REFF-PRE' -1 CO ON L 1200 WILLIAM 5T BUFFALO NY 14240 -9998 € >' 716.846 -2401 FAx: 716846.2407 00034 a (Commott (Counril _- of Buffalo DEMONE A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 14202 -3318 PHONE: 851 -5145 ® FAX: 851-5443 E -mail: dsrnitb@citybuffalo.com Website: http: / /" . city- buffalo.com February 22, 2011 Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, COZ-Tt'Y,AL UIVITY LEGISLATIVE ASSISTANTS TIFFANY LFWIs TASHENEEUBANKS CHAIRMAN EDUCATION MINORITY BUSINESS ENTERPRISE COMMITTEES COMMUNITY DEVELOPMENT Please file the att ched correspondence for the next Common Council meeting to be held on March 8, 2011.hank you. Sincerely, Z-- Smith District Council Member Councilman Demone Smith Dear Councilman Smith: February 7, 2011 Where as Buffalo waves the admirable slogan: " City of Good Neighbors ", it also holds, however, the unflattering distinction of being one of the most ethni- cally divided cities in the America. And, as if to confirm this awkward contradic- tion between what we say that we are and what we exhibit, every summer each separate community celebrates their own ethnic pride. - festival. Where as I believe it is important to take "pride" in your own cultural richness, there should also be a venue to celebrate and reinforce the fact that we our one city, that is.richly and culturally diverse. Surrounded by many natural wonders and talented human be- ings. I would like to propose a "Cultural Unity Festival." A day where representatives from the various council districts could send cultural representation from their respective district a cultural ambassador if you well- to participate in one hum mongous, cultural, assembly along Jefferson Avenue: Unity Apt Festival. The Unity Art Festival is proposed for July 9th along Jefferson Avenue between East Utica and East Ferry. Logistically, a table or space could be provided for each council distract representation. In addition, a stage will enable each district to show case performing art contributions. This area also has a number of vacant lots which could be used to stage delicious ethnic dishes and/or art samplings un- der attractive tents. If given the opportunity, I would like to discuss the feasibility of sharing this pro- ject with you and the other councilmen in an effort to enlist their ideas and .sup - port. Sincerely, D. Sylvester Dihaan REFERRED TO THE Cod [ IT DEVELOPMENT, [ EMON.E A. SMITH MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALo, NY 14202 -3318 PHONE: 851.5145 s PAX: 851 - 5443 E-mail: ckmith@city- buffalo.com Website: bttp: / /www.cit'V- buffalo.com January 31, 2011 ZAMMIDU COUM City of Buffalo r k t o 0 ( �' � L r, 1-1 k'L� f Mr. Timothy Ball Corporation Council — Law Department City Hall Room 1124 Buffalo, NY 14202 1W LEGISLATIVE ASSISTANTS TIFI:ANY MWIS TODD M`ALWER LU&KM EDUCATION MINORITY BUSINESS ENTERPRISE KQMMIHtEk COMMUNITY DEVELOPMENT Dear Mr. Ball, Enclosed is a proposed. Deli License Code of Ethics Agreement that I am proposing to use for New Deli Mores and those seeking to renew their licenses. I am asking for your legal opinion on the legality of this proposed agreement. 'Thank you for your attention to this matter. if you have any questions or concerns, please feel free to contact me at 851 -5145. Thank you. REFERRF-'-,- COMMITTEE ON L L G fi SLA TIUW f F Demone Smith Masten District Council Member DELI LICENCE CODE We expect your business and employees to read and understand this Deli License Code of Ethics Agreement and its application to the performance of your business responsibilities. We will hold all business owners & employees accountable for adherence to this Code. Businesses are mandated to adhere to: 1. No loitering in and around building with visible "No loitering" signs on outside of Building 2. No sale of illegal products 3. No alcohol or tobacco ads on outside of store /building 4. Coolers & mechanical equipment are clean and in working order 5. All graffiti will be taken down within 46 hours 6. Adherence of No Sale of Age restricted products to minors or people buying products from them 7. keep a clean store 8. Treat all customers with respect g: Not harbor, contribute, encourage or participate in any illegal or other activities detrimental to the neighborhood 10. Hand painted signs must be approved by the Department of Inspections 11. Not sell old or outdated food 12, Not sell any loose cigarettes, one -hit tobacco pipes, or glass tubes 13. Provide a Waste /Garbage can outside of building 14. No obstruction of Windows - 15. Attend Neighborhood Association meeting when requested WHEREFORE, I agree to follow all local, state and Federal Ordinances, Laws, & Regulations. Any violations of this Code of Ethics are cause for termination of Deli license. Name ( Hnt or Type): fInvored in this Agreenlentb Date: Signature: A F - 1 'r Buffalo DIEMONE A. SMff" MASTEN DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1316A BUFFALO, NY 1X1202 -3318 PHONE. 851 -5145 a FAX: 851 -5443 E -mail; dsmith @citybuffafo.com websile: http,j /w°ww.dty-buffalo,cnm November 29, 2010 - s Corporation Council -Law Department City Hall Room 1124 Buffalo, NY 14202 Dear Mr. Ball Esq, =ffl ASSISTANTS TIFFANY LEWIS TODD MAL.ISTER CWAIKMAIV EDUCATION MINORITY BUSINESS ENTERPRISE C€7fN TTE s COMMUNITY DEVELOPMENT Ina few months Deli Store license renewals will be up for approval by the Commort Council. lam interested in trying to do 5 things: 1) Establish a 93 day time limit on new Deli Store license approvals. If the license is not approved within the 93 day time period it will be an automatic denial. 2) Clarify the fire ordinance for Deli license to determine its necessity 3) Have a clear process for receiving a Deli license 4) Have a representative from the neighborhood block club; if no block club available, neighborhood association; if that is not available, a representative of the Board of Block Clubs appointed to all Deli Hearings 5) Have stores sign a standard code of ethics with the Deli license City inspections that includes but is not limite. d to =tom _ Code of Ethics -- No alcohol or tobacco ads on outside of store /building -- No loitering in and around building with signs -- No sale of illegal products -- Coolers & mechanical equipment are clean and in working order - Acknowledgment of No Sale of Age :restricted products to minors or people buying products from them - An agreement to keep a clean store - An agreement to treat all customers with respect - Not to harbor, contribute, encourage or participate in any illegal aotivity -- No sale of loose c igarettes — Hated painted suns must.be approved by the Department of inspections — Any violations of items of this Code of Ethics can be cause for termination — Will not exploit area youth �- Will not sell any age restricted products to anyone underage, or the age purchase for someone underage Keep a clean store Treat all customers with respect Follow all local, state and Federal ordinances, Laws and Regulations any violations of these Codes of Ethics can be cause for termination of Deli license I wn requesting your legal opinion of these aforementioned items. Thank you for your attention to these mattem: If there are any questions or concerns please do not hesitate to contact tree. Sincerely, Demone Smith Masten District Council Member '' 00036 r l A -�- IIU C,IDA)C, Dear Buffalo Common Council, I was shocked when I heard that the Buffalo Sewer Authority had been accepting hydro- fracking wastewater for at least the last year. The BSA does not have the adequate technology to treat the (racking waste, and only about two places in all of the state can properly clean the waste. Speaking on behalf of Frack Action Buffalo, the community is feeling a sense of panic and seeks to be heard. Fracking wastewater contains the 600- chemicals used for drilling, as well as possible radioactivity and other substances from the rock. Several chemicals used in hydro - (racking are known carcinogens, endocrine disruptors, and pose a variety of health issues. The waste should actually be classified as hazardous material. Because the waste cannot be properly treated here, those living downstream along the Niagara River in Tonawanda, Not Tonawanda, Grand Island, etc have potentially been ingesting these toxins through their drinking water. If the communities along the river were to understand the severity of what they were ingesting over the years, that could mean potential problems for the Buffalo Sewer Authority and the city. Furthermore, beautiful Niagara Falls, a local landmark, has been tainted by these chemicals. Niagara Falls leads in to Lake Ontario, as well, so one of the Great Lakes is now being tainted with these chemicals. These waterways, our health, wildlife, and the environment should never be put at risk like this. I realize the Buffalo Common Council does not have much authority over the BSA, but residents are left asking -- Who is being held accountable for what has happened? Has Mr. Comerford, head of the BSA, felt the effects of his actions? Those living along the Niagara River as well as the wildlife within it surely have. That's why the community is calling for Mr. Comerford's resignation, as his name was signed on the contracts with the third -party waste company, and it clearly states that the waste comes from drilling pits. If he was not intentionally accepting the waste, then he was not reading the contracts he signs his names to- either of which means his job as the head of the BSA was not being done properly. Mr. Comerford cannot possibly know that the waste was treated properly, as he is probably .not familiar with all of the hundreds of chemicals used in the process. Furthermore, it is a known fact that hydro-fracking waste needs specialized treatment, which is why the waste could not have possibly been cleaned properly at the BSA. Further investigation would show that the technology to clean the waste is not present at the BSA, as special processes and protocols need to be put in place to clean each harmful substance. Mr. Comerford has been caught in a series of lies, as he stated to the Artvoice in the past that his facility was not accepting fracking waste, and we later found out they were. Then he stated that the waste was being treated adequately, which we know it could not have possibly been. How much more will we take when public health and safety is on the line? When our resources and environment is on the line? The Artvoice has done a four part piece on the BSA, and it's apparent that this issue is not going away. Included is a copy of the most recent installation. Though the Common Council may not be able to regulate what the sewer authority treats, the city can regulate what comes in to the city limits. If the drilling waste is being transferred on city -owned roads, that would be against "Buffalo's Community Protection from Natural Gas Extraction Ordinance ", as it states: "Whereas, this ordinance prohibits the exploration for and extraction of natural gas and the storage, trans er treatment or disposal of natural gas exploration andproduction wastes within the City of Bu alo in order to preserve and protect the public health, safety and welfare of the residents and neighborhoods of .Buffalo... " 4 l The Buffalo Sewer Authority is endangering citizens of Buffalo by exposing us to toxic chemicals that would not otherwise be in our environment. The waste often comes from different counties, and creates a problem for those living in Buffalo. The city should not allow companies to break the new drilling prohibition law. ANew York Timer February 26, 2011 article (which is included) found that upon completion of drilling, gas companies dispose of the used hydraulic fracturing water at municipal wastewater plants that are incapable of filtering the naturally existing radioactive substances that are dug up and mixed in with fracturing water in the drilling process. The end result is wastewater plants releasing treated water into rivers and other waterways that are public sources of drinking water as well as fish that are used for food. I am relieved to :hear that the BSA passed an agreement that they will no longer accept the waste, and I look forward to that being made available, as this is a public health issue. The community hope's to see steps taken toward Mr. Comerford's resignation, as he has been poisoning area residents and local waterways, including Niagara Falls and a Great Labe, for over a year now, whether this was clone intentionally or due to negligence. I also look forward to the Buffalo Common Council beginning to enforce their new law to prohibit gas drilling waste to from entering the city of Buffalo. Thank you. Sincerely, Rita Yelda Frack Action Buffalo Organizer r e�_idCcr mg�ail �°. ITS ow .o Artvoice February 10, 2011 Follow 0 1 If we'd known this would turn into a weekly feature, we'd have come up with a better title for it. Ah well. For the past month, you've been reading in this column that the Buffalo Sewer Authority has been accepting wastewater generated at drill sites operated by US Energy, a Getzville company. Like most gas well drillers, US Energy uses a technique called hydraulic fracturing, or fracking, to break up shale deposits and free pockets of gas. The fluid used in (racking comprises a long list of toxic chemicals, and some of the additives are proprietary blends —which is to say, one does not know exactly what they contain or in what quantity. This complicates testing and treating the wastewater that returns to the surface after a well is (racked. When we first learned that Buffalo Sewer Authority might be accepting this waste, through US Energy's filings with the New York State Department of Environmental Conservation, we were assured by Buffalo Sewer Authority Commissioner David Comerford that the authority had never accepted frack fluid. And the DEC told as that the Buffalo Sewer Authority had never acknowledged receiving nor sought a permit to receive (rack fluid. Then, a few days later, Comerford allowed that the authority had accepted frack fluid but had been told by Waste Technology Services, the Lewiston firm that US Energy contracts as a hauler, that it was "just water" and "runoff." Now we've learned that just last week Comerford canceled two discharge permits held by Waste Technology Services that allowed the company to truck and dump frack fluid here. As it turns out, they had a contract. In a letter dated February I to James J. Weber of Waste Technology Services, Comerford explained that BSA "has a policy of not accepting hydrofracting fluid." Because US Energy recently had acknowledged that some of the wastewater the company ships to BSA is frack fluid, Comerford wrote, the authority could no longer accept it. Comerford certainly should not have needed 4rtvoice's reporting or recent communications with US Energy to know that BSA was accepting frack fluid. The contract he signed with Waste Technology Services on February 17, 2010, specifically says that the discharge permit is for "treated ground water /pit water from gas well drilling." In other words, frack fluid. The permits allowed the discharge of up to 40,000 gallons per day and covered wastewater generated at 157 well sites throughout Western New York. (The number of well sites comes from a 2009 email from Weber to the Buffalo Sewer Authority's Leslie Sedita, who also told Artvoiee that the authority did not accept wastewater from gas drilling sites.) So why did Comerford and Sedita tell us that their agency had never accepted frack fluid when clearly it had done so? And why did the authority accept the waste if, as Comerford writes in his letter, it has a policy that specifically forbids it from doing so? ;Lovejoy Councilman Rich Fontana hopes to get answers to those questions soon. Fontana submitted a resolution this week that would prohibit the Buffalo Sewer Authority from receiving waste generated by gas well drilling. He's also asking Comerford to appear before the Council to answer questions about the issue On Tuesday, Buffalo's Common Council also passed a.ban on drilling for natural gas within city limits, in response to concerns about the environmental consequences of tracking. The vote was unanimous, and earned a round of applause from the 25 or so anti- fracking activists who attended the session. (They applauded again later in the session when the Council passed a resolution sponsored by North District Councilman Joe Golombek calling for consolidation of the authorities that run the region's border crossings; Council President Dave Franczyk banged his gavel and said, smiling, "You get one round of applause per meeting. ") Buffalo is the first city in the state and only the second in the country to ban fracking. The ban is essentially symbolic: Though there have been gas wells drilled in the city, none are active, according to a DEC database. And no drilling companies are contemplating hydrofracked gas fields in Buffalo. But activists hope that other municipalities, especially those in rural areas that are rich in shale gas, will follow suit. There's also the issue of frack fluid and its disposal, which is an issue that should concern all Great Lake communities. Fontana says that he's traveling to Cleveland to make a presentation to that city's legislators about Buffalo's ban. (gk) Read more: htti):Hativoice.com /issues /vlOn6 /week�in review/seven days #ixzzlFMnRiwCJ } February 26, 2011 The New York Times q 11i 11i By IAN URDIINA The American landscape is dotted with hundreds of thousands of new wells and drilling rigs, as the country scrambles to tap into this century's gold rush ---- for natural gas The gas has always been there, of course, trapped deep underground in countless tiny bubbles, like frozen spills of seltzer water between thin layers of shale rock. But drilling companies have only in recent years developed techniques to unlock the enormous reserves, thought to be enough to supply the country with gas for heating buildings, generating electricity and powering vehicles for up to a hundred years. So energy companies are clamoring to drill. And they are getting rare support from their usual sparring partners. Environmentalists say using natural gas will help slow climate change because it burns more cleanly than coal and oil. Lawmakers hail the gas as a source of jobs. They also see it as a way to wean the United States from its dependency on other countries for oil. But the relatively new drilling method — known as high - volume horizontal hydraulic fracturing, or hydrofracking — carries significant environmental risks. It involves injecting huge amounts of water, mixed with sand and chemicals, at high pressures to break up rock formations and release the gas. With hydrofracking, a well can produce over a million gallons of wastewater that is often laced with highly corrosive salts, carcinogens like benzene and radioactive elements like radium, all of which can occur naturally thousands of feet underground. Other carcinogenic materials can be added to the wastewater by the chemicals used in the hydrofracking itself. While the existence of the toxic wastes has been reported, thousands of internal documents obtained by The New York Times from the Environmental Protection Agency state regulators and drillers show that the danger to the environment and health are greater than previously understood. The documents reveal that the wastewater, which is sometimes hauled to sewage plants not designed to treat it and then discharged into rivers that supply drinking water, contains radioactivity at levels higher than previously known, and far higher than the level that federal regulators say is safe for these treatment plants to handle. Other documents and interviews show that many E.P.A. scientists are alarmed, warning that the drilling waste is a threat to drinking water in Pennsylvania. Their concern is based partly on a 2009 study, never made public, written by an E.P.A. consultant who concluded that some sewage treatment plants were incapable of removing certain drilling waste contaminants and were probably violating the law. The Times also found never- reported studies by the E.P.A. and a confidential study by the drilling industry that all concluded that radioactivity in drilling waste cannot be fully diluted in rivers and other waterways. But the E.P.A. has not intervened. In fact, federal and state regulators are allowing most sewage treatment plants that accept drilling waste not to test for radioactivity. And most drinking -water intake plants downstream from those sewage treatment plants in Pennsylvania, with the blessing of regulators, have not tested for radioactivity since before 2006, even though the drilling boom began in 2008. In other words, there is no way of guaranteeing that the drinking water taken in by all these plants is safe. That has experts worried. "We're burning the furniture to heat the house," said John H. Quigley, who left last month as secretary of Pennsylvania's Department of Conservation and Natural Resources. "In shifting away from coal and toward natural gas, we're trying for cleaner air, but we're producing massive amounts of toxic wastewater with salts and naturally occurring radioactive materials, and it's not clear we have a plan for properly handling this waste." The risks are particularly severe in Pennsylvania, which has seen a sharp increase in drilling, with roughly 71,000 active gas wells, up from about 36,000 in 2000. The level of radioactivity in the wastewater has sometimes been hundreds or even thousands of times the maximum allowed by the federal standard for drinking water. While people s that there not drink drillin compreheng ve wastewter, standard for use the drinking -water standard for comparison what constitutes safe levels of radioactivity in drilling wastewater. Drillers trucked at least half of this waste to public sewage treatment plants in Pennsylvania in 2008 and 2009, according to state officials. Some of it has been sent to other states, including New York and West Vir in . Yet sewage treatment plant operators say they are far less capable of removing radioactive contaminants than most other toxic substances. Indeed, most of these facilities cannot remove enough of the radioactive material to meet federal drinking -water standards before discharging the wastewater into rivers, sometimes just miles upstream from drinking -water intake plants. In Pennsylvania, these treatment plants discharged waste into some of the state's major river basins. Greater amounts of the wastewater went to the Monongahela River, which provides drinking water to more than 800 000 eo le in the western part of the state, including Pittsburgh, and to the Susquehanna River, which feeds into Chesapeake Bay and provides drinking water to more than six million people, including some in Harrisburg and Baltimore. Lower amounts have been discharged into the Delaware River, which provides drinking water for more than 15 million people in Philadelphia and eastern Pennsylvania. In New, the wastewater was sent to at least one plant that discharges into Southern Cayuga Lake, near Ithaca, and another that discharges into Owasco Outlet, near Auburn. In West Vir inia, a plant in Wheeling discharged gas - drilling wastewater into the Ohio River. and water "Hydrofracking impacts associated with health problems as well as widespread air t of Toxics contamination have been reported in at least a dozen states," said Walter Hang, p Targeting, a business in Ithaca, N.Y., that compiles data on gas drilling. Problems in Other Regions While Pennsylvania is an extreme case, the risks posed by hydrofracking extend across the country. r� L�44 G There were more than 493,000 active natural -gas wells in the United States in 2009, almost double the number in 1990. Around 90 percent have used hydrofracking to get more gas flowing, according to the drilling industry. Gas has seeped into underground drinking -water supplies in at least five states, including Colorado, Ohio, Pennsylvania, Texas and West Virginia, and residents blamed natural -gas drilling. Air pollution caused by natural -gas drilling is a growing threat, too. Wyoming, for example, failed in 2009 to meet federal standards for air quality for the first time in its history partly because of the fumes containing benzene and toluene from roughly 27,000 wells, the vast majority drilled in the past five years. In a sparsely populated Sublette County in Wyoming, which has some of the highest concentrations of wells, vapors reacting to sunlight have contributed to levels of ozone higher than those recorded in Houston and Los Angeles. Industry officials say any dangerous waste from the wells is handled in compliance with state and federal laws, adding that drilling companies are recycling more wastewater now. They also say that hydrofracking is well regulated by the states and that it has been used safely for decades. But hydrofracking technology has become more powerful and more widely used in recent years, producing far more wastewater. Some of the problems with this drilling, including its environmental impact and the challenge of disposing of waste, have been documented by ProPublica, The Associated Press and other news organizations, especially out West. And recent incidents underscore the dangers. In late 2008, drilling and coalmine waste released during a drought so overwhelmed the Monongahela that local officials advised people in the Pittsburgh area to drink bottled water E.P.A. officials described the incident in an internal memorandum as "one of the largest failures in U.S. history to supply clean drinking water to the public." In Texas, which now has about 93,000 natural -gas wells, up from around 5 8,0 00 a dozen years ago, a hospital system in six counties with some of the heaviest drilling said in 2010 that it found a 25 percent asthma rate for young children, more than three times the state rate of about 7 percent. "It's ruining us," said Kelly Gant, whose 14 -year -old daughter and 11 year -old son have experienced severe asthma attacks, dizzy spells and headaches since a compressor station and a gas well were set up about two years ago near her house in Bartonville, Tex. The industry and state regulators have said it is not clear what role the gas industry has played in causing such problems, since the area has had high air pollution for a while. "I'm not an activist, an alarmist, a Democrat, environmentalist or anything like that," Ms. Gant said. "I'm just a person who isn't able to manage the health of my family because of all this drilling." And yet, for all its problems, natural gas offers some clear environmental advantages over coal, which is used more than any other fuel to generate electricity in the United States. Coal-fired power plants without updated equipment to capture pollutants are a major source of radioactive pollution. Coal mines annually produce millions of tons of toxic waste. But the hazards associated with natural -gas production and drilling are far less understood than those associated with other fossil fuels, and the regulations have not kept pace with the natural -gas industry's expansion. Pennsylvania, Ground Zero Pennsylvania, which sits atop an enormous reserve called the Marcellus Shale, has been called the Saudi Arabia of natural gas. This rock formation, roughly the size of Greece, dies more than a mile beneath the Appalachian landscape, from Virginia to the southern half of New York. It is believed to hold enough gas to supply the country's energy needs for heat and electricity, at current consumption rates, for more than 15 years. Drilling companies were issued roughly 3,300 Marcellus gas -well permits in Pennsylvania last year, up from just 117 in 2007. This has brought thousands of jobs, five - figure windfalls for residents who lease their land to the drillers and revenue for a state that has struggled with budget deficits. It has also transformed the landscape of southwestern Pennsylvania and brought heavy burdens. Drilling derricks tower over barns, lining rural roads like feed silos. Drilling sites bustle around the clock with workers, some in yellow hazardous material suits, and 18- wheelers haul equipment, water and waste along back roads. The rigs announce their presence with the occasional boom and quiver of underground explosions. Smelling like raw sewage mixed with gasoline, drilling -waste pits, some as large as a football field, sit close to homes. Anywhere from 10 percent to 40 percent of the water sent down the well during hydro fracking returns to the surface, ca yin drilling chemicals, very high levels of salts and, at times, naturally occurring radioactive material. While most states require drillers to dispose of this water in underground storage wells below impermeable rock layers, Pennsylvania has few such wells It is the only state that has allowed drillers to discharge much of their waste through sewage treatment plants into rivers. Regulators have theorized that passing drilling waste through the plants is safe because most toxic material will settle during the treatment process into a sludge that can be tracked to a landfill, and whatever toxic material remains in the wastewater will be diluted when mixed into rivers. But some plants were taking such large amounts of waste with high salt levels in 2008 that downstream utilities started complaining that the river water was eating away at their machines. Regulators and drilling companies have said that these cases, and others, were isolated. "The wastewater treatment plants are effective at what they're designed to do — remove material from wastewater," said Jamie Legenos, a spokeswoman for the Pennsylvania Department of Environmental Protection, adding that the radioactive material and the salts were being properly handled. Overwhelmed, Underprepared For proof that radioactive elements in drilling waste are not a concern, industry spokesmen and regulators often point to the results of wastewater tests from a 2009 draft report conducted by New York State and a 1995 report by Pennsylvania that found that radioactivity in drilling waste was not a threat. These two reports were based on samples from roughly 13 gas wells in New York and 29 in Pennsylvania. But a review by The Times of more than 30,000 pages of federal, state and company records relating to more than 200 gas wells in Pennsylvania, 40 in West Virginia and 20 public and private wastewater treatment plants offers a fuller picture of the wastewater such wells produce and the threat it poses. Most of the information was drawn from drilling reports from the last three years, obtained by visiting regional offices throughout Pennsylvania, and from documents or databases provided by state and federal regulators in response to records requests. Among The Times's findings: JMore than 1.3 billion gallons of wastewater was produced by Pennsylvania wells over the past three years, far more than has been previously disclosed. Most of this water -- enough to cover Manhattan in three inches --- was sent to treatment plants not equipped to remove many of the toxic materials in drilling waste, $At least 12 sewage treatment plants in three states accepted gas industry wastewater and discharged waste that was only partly treated into rivers, lakes and streams. $Of more than 179 wells producing wastewater with high levels of radiation, at least 116 reported levels of radium or other radioactive materials 100 times as high as the levels set by federal drinking - water standards. At least 15 wells produced wastewater carrying more than 1,000 times the amount of radioactive elements considered acceptable. Results came from field s conducted by state and federal regulators, year -end reports filed by drilling companies and state - ordered tests of some public treatment plants. Most of the tests measured drilling wastewater for radium or for "gross alpha" radiation, which typically comes from radium, uranium and other elements. Industry officials say they are not concerned. "These low levels of radioactivity pose no threat to the public or worker safety and are more a public perception issue than a real health threat," said James E. Grey, chief operating officer of Triana Energy. In interviews, industry trade groups like the Mareellus Shale Coalition and Energy in Depth, as well as representatives from energy companies like Shell and Chesapeake Energy said they were producing far less wastewater because they were recycling much of it rather than disposing of it after cach job. But even with recycling, the amount of wastewater produced in Pennsylvania is expected to increase because, according to industry projections, more than 50,000 new wells are likely to be drilled over the next two decades. The radioactivity in the wastewater is not necessarily dangerous to people who are near it. It can be blocked by thin barriers, including skin, so exposure is generally harmless. Rather, E.P.A. and industry researchers say, the bigger danger of radioactive wastewater is its potential to contaminate drinking water or enter the food chain through fish or farming. Once radium enters a person's body, by eating, drinking or breathing, it can cause cancer and other health problems, many federal studies show. Little Testing for Radioactivity Under federal law, testing for radioactivity in drinking water is required only at drinking -water plants. But federal and state regulators have given nearly all drinking -water intake facilities in Pennsylvania permission to test only once every six or nine years. The Times reviewed data from more than 65 intake plants downstream from some of the busiest drilling regions in the state. Not one has tested for radioactivity since 2008, and most have not tested since at least 2005, before most of the drilling waste was being produced. And in 2009 and 2010, public sewage treatment plants directly upstream from some of these drinking - water intake facilities accepted wastewater that contained radioactivity levels as high as 2,122 times the drinking -water standard. But most sewage plants are not required to monitor for radioactive elements in the water they discharge. So there is virtually no data on such contaminants as water leaves these plants. Regulators and gas producers have repeatedly said that the waste is not a threat because it is so diluted in rivers or by treatment plants. But industry and federal research cast doubt on those statements. A confidential industry study from 1990, conducted for the American Petroleum Institute concluded that "using conservative assumptions," radium in drilling wastewater dumped off the Louisiana coast posed "potentially significant risks" of cancer for people who eat fish from those waters •regularly. The industry std focused on drilling industry wastewater being dumped into the Gulf of Mexico, where it would be far more diluted than in rivers. It also used estimates of radium levels far below those found in Pennsylvania's drilling waste, according to the study's lead author, Anne F. Mcinhold, an envirom- ental risk expert now at NASA Other federal, state and academic studies have also found dilution problems with radioactive drilling waste. In December 2009, these very risks led E.P.A. scientists to advise in a letter to New York that sewage treatment plants not accept drilling waste with radium levels 12 or more times as high as the drinking - water standard. The Times found wastewater containing radium levels that were hundreds of times this standard. The scientists also said that the plants should never discharge radioactive contaminants at levels higher than the drinking -water standard. In 2009, E.P.A. scientists studied the matter and also determined that certain Pennsylvania rivers were ineffective at sufficiently diluting the radium -laced drilling wastewater being discharged into them. Asked about the studies, Pennsylvania regulators said they were not aware of them. "Concerned? I'm always concerned," said Dave Allard, director of the Bureau of Radiation Protection. But he added that the threat of this waste is reduced because "the dilutions are so huge going through those treatment plants." Three months after The Times began asking questions about radioactive and other toxic material being discharged into specific rivers, state regulators placed monitors for radioactivity near where drilling waste is discharged. Data will not be available until next month, state officials said. But the monitor in the Monongahela is placed upstream from the two public sewage treatment plants that the state says are still discharging large amounts of drilling waste into the river, leaving the discharges from these plants unchecked and Pittsburgh exposed. Plant Operators in the Dark In interviews, five treatment plant operators said they did not believe that the drilling wastewater posed risks to the public. Several also said they were not sure of the waste's contents because the limited information drillers provide usually goes to state officials. "We count on state regulators to make sure that that's properly done," said Paul McCurdy, environmental specialist at Ridgway Borough's public sewage treatment plant, in Elk County, Pa., in the northwest part of the state. Mr. McCurdy, whose plant discharges into the Clarion River, which flows into the Ohio and Mississippi Rivers, said his plant was taking about 20,000 gallons of drilling waste per day. Like most of the sewage treatment plant operators interviewed, Mr. McCurdy said his plant was not equipped to remove radioactive material and was not required to test for it. Documents filed by drillers with the state, though, show that in 2009 his facility was sent water from wells whose wastewater was laced with radium at 275 times the drinking -water standard and with other types of radiation at more than 780 times the standard. Part of the problem is that industry has outpaced regulators. "We simply can't keep up," said one inspector with the Pennsylvania Department of Environmental Protection who was not authorized to speak to reporters. "There's just too much of the waste." "If we're too hard on them," the inspector added, `:the companies aright just stop reporting their mistakes." Y Recently, Pennsylvania has tried to increase its oversight, doubling the number of regulators, improving well - design requirements and sharply decreasing how much drilling waste many treatment plants can accept or release. The state is considering whether to require treatment plants to begin monitoring for radioactivity in wastewater. Even so, as of last November, 31 inspectors were keeping tabs on more than 125,000 oil and gas wells. The new regulations also allowed at least 18 plants to continue accepting the higher amounts set by their original permits. Furthermore, environmental researchers from the University of Pittsburgh tested wastewater late last year that had been discharged by two treatment plants They say these tests will show, when the results are publicly released in March, that salt levels were far above the legal limit. Lax Oversight Drilling contamination is entering the environment in Pennsylvania through spills, too. In the past three years, at least lb wells whose records showed high levels of radioactivity in their wastewater also reported spills leaks or failures of pits where hydrofracking fluid or waste is stored, according to state records. Gas producers are gencrally left to police themselves when it comes to spills In Pennsylvania, regulators do not perform unannounced inspections to check for signs of spills. Gas producers report their own spills, write their own spill response plans and lead their own cleanup efforts. A review of response plans for drilling projects at four Pennsylvania sites where there have been accidents in the past year found that these state - approved plans often appear to be in violation of the law. At one well site where several spills occurred within a week, including one that flowed into a creek, the well's operator filed a revised spill plan saying there was little chance that waste would ever enter a waterway. "There are business pressures" on companies to "cut corners," John Hanger, who stepped down as secretary of the Pennsylvania Department of Environmental Protection in January, has said. "It's cheaper to dump wastewater than to treat it." Records back up that assertion. From October 2008 through October 2010, regulators were more than twice as likely to issue a written warning than to levy a fine for environmental and safety violations, according to state data. During this period, 15 companies were fined for drilling- related violations in 2008 and 2009, and the companies paid an average of about $44,000 each year, according to state data. This average was less than half of what some of the companies earned in profits in a day and a tiny fraction of the more than $2 million that some of them paid annually to haul and treat the waste. And prospects for drillers in Pennsylvania are looking brighter. In December, the Republican governor- elect, Tom Corbett, who during his campaign took more gas industry contributions than all his competitors combined, said he would reopen state land to new drilling, reversing a decision made by his predecessor, Edward G. Rendell The change clears the way for as many as 10,000 wells on public land up from about 25 active wells today. In arguing against a proposed gas- extraction tax on the industry, Mr. Corbett said regulation of the industry had been too aggressive. "I will direct the Department of Environmental Protection to serve as a partner with Pennsylvania businesses, communities and local governments," Mr. Corbett says on. his Web site. "It should return to its core mission protecting the environment based on sound science." PETITIONS GERALD A. CWALINSKI City Clark Registrar of Vital Statistics ILMER OLIVENCIA, JR. Deputy City Clerk DI ANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics J V 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 8595433 FAX: (716) 853 -4845 This is to acknowledge that I have been informed as to the time and place For the public heating regarding: f CJ aja.%z PA- - 045 To be held in the Council Chamber, 13 Floor, City Hall On: ff — 1 S 6 11 at 2:00 'PM I air also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the ab Au 0 , (AgentlOwner) Y � $ Phone #1 Date Z '2 1l City Of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4849 Fax (716)851 -5472 GC wilding Application KRIJG Page 1 Report Hate 02I2312011 10 :16 AM Submitted BY DAVID AIP # 165004 r Date I Time By Date I Time By Processed 02!2312011 10:10 KRUGD Tam COO COO Issued Expires Final # Plans 0 Declared Valuation. 100000.00 Type of Work. # Pages ` t} I Calculated Vatuatlori 0:00 Dept of Commerce Q.00 Priority Auto Reviews Bill Group Actual Valuation Square Footage 0.00 Name rk. GOIUIIi±tON GOt1NCiL APPROVAL REQ. (RESTRIC ED USE 1N THE SPECIAL DELAWARE C7lST, AND ENCROACH ;R QN CITY O W.)'PUBLIC HEADING REQ, -FEE REQ. ALTER EXISTING LOBBY SPACE FOR A "B" OCCUPANCY WINE BAR AND CAFE UNDER 50 PEOPLE WITH AN OUTDOOR CA FE. PLANS REQ. — -- — Parent AIP # Phase # Project# Projectiphase Name Size /Area size Description , ✓^ Address 618 DELAWARE BUFFALO NY 14202- Location Contact ID AC60244 Name BENDERSON RONALD JR) Mailing Address 570 DELAWARE AVE Organization State /Province NY City BUFFALO Country USA zipiPC 14202 -1284 Evening Phone Day Phone Mobile # Fax Owner Y From 0212Q02120120111 To Occupant N From TO Name CIO BENDERSON DEV CO INC BENDERSON RONALD (TR) Contact it) AC1257529 Organization (Nailing Address 570 DELAWARE City BUFFALO ` State lPrgvince NY Country USA ZIPiPC .14202 -1284 Evening Phone Day Phone Mobile # Fax Owner Y Frgm Q2l2212005 Tn 05106/2007 Occupant N Frgm Tq v No Addresses are linked to this Application No Addresses are linked to this Application 1007000005002000 ❑ Foreign ❑ Foreign No Parcels are linked to this Application City of Buffalo G Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report late 02/2312011 10:16 AM Sullrnitted By DAVID KRUG Page 2 �$ f No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - DAVE SUTTON 651 -0381 r y' y ko 999999 HIM AC125720 TO BE SID - Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - BUSINESS ($50 .00) Unpaid GC PMT, INSP, C OF O FEE - BUSINESS ($48.00) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 842362 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 542360 LANDMARK LANDMARK PROPERTY DISCTRICT Incomplete 542361 PRES PRESERVATION BOARD REVIEW Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 192483 APPLICATION FEE U 50,00 GC PLAN REVIEW - BUSINESS U 50.00 GC PMT, INSP, C OF O FEE - BUSINESS U 48:00 GC PMT,INSP,C OF O - INITIAL FEE U 200.00 Total Unpaid 348.00 Total Paid 0.00 = �` - 542362 CITY WIDE 0 N 542360 LANDMARK 0 N 021231201110:10 542361 PRES 0 N 021231201110 :10 C4 of Buffalo GC Building A pplication 65 Niagara Square Buffalo, NY 14202 (716)853 -4949 Fax (716)851 -5472 Rei3ort Date 0212312011 10:16 AM Submitted By DAVID KRUG � -- - — - -- y Page 3 A68 CSD A&I !Lej Ilan NOTE: Verify All Final Sign Dimensions w/ Sign Manufacturer Prior To Sign & Decorative Panel Installation ,, Front Elevation Pmpwed Buld-Out For, BIN 620 Mae Bar t Oole 620 Debo Aw Wwo. w M m a 0 a 7A-6 k64 Side Eievatbn ­7 A62 Existing i�'SOt0 a D. Sutton, Agent, Use 448 Elmwood, Sidewalk Cafe in Front of Existing Sit -In Restaurant (hrg 3115)(Nia)) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD y r r� 0" IFFICE OF THE C ITY CLERK �i GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics ILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1368 CITY HALL BUFFALO, NEW YOLK 14202 PHONE: (716) 851 -5439 FAX: (776)851-4845 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: Jt- In 3 TO j To be held in the Council Chamber, 13'` Floor, City Mall On'. 0 11 at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her age e� 1 IF MaWAMU t City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)8.51 -4949 Fax(716)851 -5472 Report Date 02/23/2011 09 A M Submitted By TDAVIDvKRUG AIP # 165002 F ko- stages Date I Time By Date l Time ..By Processed 021231201109:52 KRUGD Temp COO Issued COO Final Expires Address 448 ELMWOOD BUFFALO NY 14222- i Location Declared Valuation 2000:00 Calculated Valuation 0.00 Actual Valuation 0.00 Contact ID AC65339 Name 11520 TRANSIT -RD INC Mailing Address CIO HAYDEN RICHARDS INC Organization City 6591 WEST CENTRAL SUITE StatelProvince TOLEDO OH ZIPIPC 43617 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC1253680 Name CIO HAYDEN RICHARDS INC 11520 TRANSIT -RD INC Mailing Address Organization City 6593 WEST CENTRAL SUITE State /Province TOLEDO OH ZIPIPC 43617 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC349442 Name ELNIWOODIBRYANT LLC Mailing Address. 4 CENTRE DR Organization City ORCHARD PARK State/Province NY ZIPIPC 14127 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0212012011 To OUTD®RCAFE Building Application Pane 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 deport Date 02123/201109:63 AM Sub mitted By DAVID KRUG Page 2 No Addresses are linked to this Application No Addresses are linked to this Application y i 1004500004009000 � -. �. � �.� .-_ ✓ v _�z� ,,.,_. ... ., >, ._ .rte, _, :�. ..... _ . >. r_,f 1 r _ „c_ No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNEWTENANT Phone Fax Address (SEE UNDER APPLICANT) Comments TENANT DOING WORK AGENT IS DAVE SUTTON 651 -0381 000000 SBU AC12792 OWNER OF PROPERTY 111191 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM A012792 OWNER OF PROPERTY f c x i t r r t 13J! r Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 542350 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 542348 ELMWOOD ELMWOOD VILLAGE DISTRICT Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 2 Case # 192448 Case # 192970 'N APPLICATION FEE U 25.00 PERMIT FEE U 0.00 Total Unpaid 25.00 Total Paid 0.00 � �- � �'- " ..te „^� s �+ ,i 't-' �F.� ."`• �� � �.�� �; � � - �5'r y-s �, �' �,. - �.: -,. ��yy�� 542350 CC APP 0 N City of )buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date. 02/23/2011 09:53 AM OUTDORCAFE Building Application Submitted By DAVID KRUG Page 3 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 Report Date 02123/201109:53 AM OUTDOR AFE Building Application Su bmitted by D AVID KRUG Page 4 942348 ELMWOOD 0 N 021231201109:52 No Activity Review Details 99 ���jjjy�gy� -, �' �3 � � S r� K � s _ a z •' ,�--�� � � �' ,Ys � - T y f'�r y zfi' � { ^' y' .rte-' 4 p �Nalt3 -. � /��" L' _9�C.. •y— � "'s,-�" ` � � _ ��� � '•!' � � +.�T`.� � ��� � � �' l ��' � -� No Conditions ✓f a Business D,B.A, COFFEE CULTURE Length 50 Width 6 - Location of Patio: (-) Front Left Side ❑ Right Side ❑ Rear Total Area 300.0 sq. ft. If There Is A Raised Deck Deck Height above grade ft Does the Patio have its own exiting? (Required)N Yes ❑ 1 step - No handrails required, no guardrails required. is this required exiting adequate for the patio area is Yes ❑ 2 steps or more - Handrails required each side of stairs; Does the patio involve or affect required oxMng from the building'D Yes no guardrails required until deck is 30" or more in height. VYdth of public sidewalks/walkways remaining for pedestrian passaA fL Q Deck 30" or more in height - Type of patio boundaries: Handrails and guardrails required. RAILINGS Tread width {= Exit Width) in. Number of Tables- 9 Number of Chairs: 25 O c. r No Emploype Entries ..Y..� -r �`.:r_._.< ,�.�- r: ` .. z-� - : _ : Y - �".-z� me .� ^--'. ,�,....,�_s _........✓` �� E. -_`�N" ,_�. .:� � � 5�.. �.,�". - c �'_� s� No Log Entries vaurm�naa vn a�u i 1 . Maintain A Min. of OW Clear Daumn E5dqun3 Curb & New Ra €ifng . Provau� Naw Eutar3or PauO Fumitura Ae 9alaeW Ralliq d Nca Metal ` Rail €n� Ra Par rata €1 FWA Maintain A Min. of 6'-d' Clear Se* wean E> ov"o Curtr & Neff Re':iing l n t tr I �i J. Maloney, Agent, Use 100 High St for a Heli -Pad (hrg 3I15)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD City Of Butfal0 _...._ 65 Niagara Sq�pre BUffal% NY 14202 (716)851 -4949 Fax(716051 -5472 Report (date 02/25/2011 01:49 PM A/F? # 165095 Submitted BY FLD CC Building Application Page 1 Date / rime By PrOcessed 02!2512011 13:4.8 Data / Time By Issued DIGEF Temp coo Fina! coo Expires 7 PLY),yeppet rk Dept merca !lame # Puns 0 Declared Valuation # Pages 000000 tam ® Auto Reviews all/ Group 0 Calculated Valuation 0.00 Square Footage 0.00 Actual Valuation 0 — PLANSICITY WIDE SITE PLAN APPROVALICOMMON COUNCIL, APPROVAL. (PUBLIC HEARING)REQUIRED * ** TO ERECT A HEL €_PAD ON THE ROOF OF BUILDING "A" BUFFALO GENERAL HOSPITAL. Parent AIP # Project # ProjectlPhase Name SizelArea Size Description Phase # Address 1001iIGH BUFFALO NY 14203 - Location Contact ID AC32966 Name KALEIDA HEALTH Mailing Address 901 WASHINGTON ST city BUFFALO ZIP/PC 14203 Day Phone (716)843 -7420 x Fax Occupant N From To Contact ID AC72950 !lame KALEIDA HEALTH Mailing Address 726 EXCHANGE ST Organization StateJProvince NY Country USA Evening Phone ❑ Foreign Mobile # Owner Y From 05/28/2000 To 05106!2007 City BUFFALO Organization KALEIDA HEALTH ZIP/PC 14210 StatelProvince NY Day Phone ( -2002 x Country USA Fax Evening Phone Occupant N From Mobile # To Owner Y From 01/02/1957 To Contact ID AC1232736 Name PLANT OPERATIONS DEPT Mailing Address 100 Hir3H ST city BUFFALO Organization KALEIDA HEALTH ZIP/PC 14203 State/Province NY Day Phone ( -2789 x country USA Fax Evening Phone Occupant N From Mobile # To Owner Y From 02122f2005 To 0510612007 No Addresses are linked to this Application ❑ Foreign ❑ Foreign No Addresses are linked to this Application rim Address 301 CITY HALL BUFFALO, NY 14202- 999899 HIM AC125720 TO BE BID 0. s h r zt€ APPLICATION GC PLAN REVIEW - INSTITUTIONAL • INSTITUTIONAL OF • - INITIAL FEE Check Fees APPLICATION FEE ($50.00) GC PLAN REVIEW - INSTITUTIONAL ($87.50) GC PLAIT, INSP, C OF O FEE - INSTITUTIONAL ($7.00) GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Check Inspections Check Reviews 542516 CITY WIDE CITY WIDE SITE PLAN APPROVAL Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 43857 Case # 157452 Case # 180484 Fees Failed Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successful 3 U U U U City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4948 Fax (716)851-5472 Deport Date 021251201161:49 PM 100790000200100fl No Parcels are linked to this Application No Applicant Contacts Total Unpaid 344.50 N 02/251201113:48 GC Building Application Page 2 Total Gard 50.00 87.50 7.00 200.00 0:00 City of Buffalo GC Building Application 65 Niagara Square Bulfalv;' NY 14202 (716)851 -4949 Fax (716)851-5472 Rep ©rt Dots D2I25f2011 01:49 F'M Submitted sy FLI3 Page 3 Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Date/Time 02/25/2011 13:47 Comments No Comments PRIOR APPROVALS Bfio Arts Commission ❑ Arts Comm, Approval City Survey (cony) ❑ Subdivisions Permit Office (] Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check C) Assessment Combination City E=ngineering Common Council L] Admin Ofce /A is R4 .. p ❑First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ forportable sign one year ❑ Encroachment ❑ Canopy/Marquee ROW Lease showing. Use . ❑ Rodent(Vermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerlWater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts (] Portable Sign in ROW 0 Simple Plan Approval City Planning ❑ Restricted Use Permit ❑ Zoning /Use Check ❑ Tree over q" at Q Citywide Site Plan ❑ Other ❑ Thruway Sign approval ❑ Subdivisions ❑ Urban EnvironmentalRevlew Preservation Board ❑ Preservation District ❑ Zoning` Variance Renewal ❑ S;E.Q :R.A. ❑ N.F,P.A: E) contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply Q Flood Plain ❑ Title Held ❑ Water Retention No Conditions There is no planning condition for this project. No Records for This Search Criteria City of Buffalo GC Building Application 85. Niagara Square Buffalo, NY 14202 (718)851 -4949 Fax(715)851 -5472 Report gate 02125!2© 9 01 :49 PM Subrritted By FLD Page 4 1 W. Mackiewicz, Owner, Use 191 Allen St for a Takeout Restaurant and Sideway Cafes (hrg 3115)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �.)'l �.s OF FICE F THE CITY GERALD A. CHW ALINSKI City Clerk Registrar of Vital Statistics WILM R GLIVENCIA, JR. Deputy City Clerk DIANA R ICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851-4846 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: To be held in the Council Chamber, 13' Floor, City Hall On: 3 -I.5 1I at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his/her agent of the above. Signed — f� A �� - � (Agent/Owner) ref( 30- 301 0 Print Name V j l ia ;" .NAc� ee-u)ic z ?hone # x, 7 Date _ � � 2 9 :'. �. ' �- _ - i : t Ulm HIKY1101119 6A j beve i'5 - dP - h pal o pity of. uff 65 Niagara Square Out c' .z "Lt`s Buffalo, NY 14202 (716)8551 -4949 Fax (716)651 -5472 GC Building Application Ct E Report Date 021281201103:20 PM Submitted By DAVID:GRUNDY Page 1 € A1P # 165124 Date! Time By Date / Time b Processed 021281201115:10 GRUND Temp.000 Issued COO i Final Expires riated Information- Valuation Type of Work # Plans 0 Declared Valuation 0.00 I Dept of Commerce # Pages 0 € ..Calculated Valuation 0.00 € i Priority ® Auto Reviews Bill Group Actual Valuation 0.00 L Square Footage 0.00 Nam ^ �Snrill of Work € COMMON COUNCIL APPROVAL REQUIRED, SECTION 511-65 G,.FOR RE- ESTABLISHINO AN ABANDONED OF A RESTRICTED USE IN THE ALt_EN T DISTRICT, PUBLIC HEARING REQUIRED. ON THE FIRST FLOOR OF A 8 STORY MASONRY MIXED -USE MULTIPLE DWELLING, ALTERATIONS AND RENOVATIONS TO ABANDONED TAKE -OUT RESTAURANT USE FOR A TAKEOUT RES"T"AURANT WITH SEATING FOR LESS THAN 50 PEOPLE, AND SIDEWALK CAFES TO FRONT A ND LEFT SIDES AND A PRIVATE CAFE TO THE RIGHT SIDE. PLANS REQUIRED, I Parent A!P Project # Project/Phase Name Phase # Size /Area Size Description gyp xy�gyy { r y s / l 7 Address 191 ALLEN I BUFFALO NY 14201- i Location � r Ct�trtr`eltattt Contact ill AC 1247695 Name THE RIGHT WAY INC. Mailing Address 388 PORTER AVE Organization City BUFFALO State /Province NY ZIPIPC 14201 Country USA [] Foreign Day Phone (716)682 -3947 x Evening Phone Fax Mobile # Occupant N From TO Owner Y From 0212 712 01 1 To I Contact ID AC61610 Name WILLIAM WILLIAM MACK, INC. Failing Address 617 RICHMOND AVE. Organization City BUFFALO State /Province NY ZIPIPC 14222 Country USA Q Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2812000 To 05/0612007 RM t" C No Addresses are linked to this Application No Addresses are linked to this Application t .� 1007700006007000 r � No Parcels are linked to this Application No Applicant Contacts FF Primary Y Capacity Type Effective Expire Contact ID TBS Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - No Comments 899999 HIM AC125720 TO BE BID Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 542734 BCODEREV BUILDING CODE REVIEW Incomplete 542736 CC APP COMMON COUNCIL APPROVAL, REQ'D Incomple 542737 FPLAN FIRE PREVENTION PLAN REVIEWREQ incomplete 54 2-735 LANDMARK LANDMARK PROPERTY'DISCTRICT Waived 542738 PRES PRESERVATION BOARD REVIEW Waived Check Conditions Conditions Successful MD MULTI - DWELLING PF40PERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 2 Case # 163554 Case # 131725 1' y APPLICATION FEE U 50.00 GC PMT,INSP,C OF O - INITIAL. FEE U 200.00 Total Unpaid 250.00 Total Paid 0.00 t � _ � � x � -: ✓ !' Z }' ,�' �^' -.. �� / .� - r -'" `' s. r t .-`' "rte '� �- '- r There are no Inspections for this Report 542734 BCODEREV 0 N 02128/201115:10 65 Niagara Square Buffalo, NY 94202 (716)851 4949 Fax (716)851 -5472 GC Building application ;h r. Report Date 021281201103:20 PM .:Submitted By DAVID GRUNDY Ncie 3 . c,ry of Ott to GC Building Application 65 Niagara Square . Buffalo, NY 14202 (71 6)851 -4949 Fax(716)851 -5472 Report Date 02128/2011 {1 PM� � Submitted By D AVID GRUNDY Page 4 542736 CC APP 0 N 02/28/2011 15:10 542737 FPLAN 0 N 021281201115:10 542735 LANDMARK 0 Y 021281201115 :10 NO EXTERIOR CHANGES, 542738 PRES 0 Y 021281201115.10 NO EXTERIOR CHANGES. Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUN19 Modified Date/Ti 02/28/2011 16:09 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arts Comm. Approval City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey D Asbestos Abatement Special events ❑ Bond /Certified check D Assessment Combination City g' g Engineering Common Council ❑ Admin OfficelApts R4 D First Insurances Check Q Public Works approval '.' ❑ Curb Cuts E Beauty Parlor R2 D Notarized Perm €sslonl for portable sign one year ❑ Encroachment ❑ Canopy /Marquee ROW Lease showing Use Rodent/Vermin Bait encroachment E) Oversize Trucking g ❑ Freestanding Sign Q Sewer/Water Cut ❑Sewer Retention ❑ Plumbers` Cuts ', ❑ Street Cuts ❑Human Service Facility ❑ Portable Sign in ROW D Simple Demolition ❑Telecommunication ® Restricted Use Permit ❑ Simple Plan Approval ❑ Tree over 4" at 4' City Planning g ❑ Other D Zoning /Use Check ❑ Citywide Site Plan D Thruway Sign approval D Subdivisions ❑ Urban Renewal Environmental Review Preservation Board ❑ Preservation District ❑Zoning Variance D S E Q R A 'City ❑ N E P A ❑ Contiguous Check Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply '. ❑ Flood Plain ❑ Title Held ❑ Water Retention 17eta11 Z. PLAN REVIEWS Modified By GRUND Modified DatefTime 02/28/2011 15:10 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)831 -4949 Fax(716)851 -5472 GC Building Application Report Date 0212812 011 03. PM T -T Sunlltted i3y rvrv IDAUI D GRUN�Y ___-- -.__ -- - -- W_ ._ Page 5 R - . ❑ One - and Two- Family Plan Review ❑ Revisions Req'd for 1- and 2- Family 0 Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult. Dwellings 0 Building Code Review ❑ Revisions Req'd. for Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans ❑ Plumbing Code Review ❑ Revisions Required for Plumbing ❑ Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review Revisions Required for HVAC1Mech. ❑ Elevator Code Review ❑ Revisions Required for E levators iN Fire Code Review ❑ Revisions Required for Fire Bureau MID OK GRUNT] N There is no planning condition for this project. No Records for This Search Criteria 02/281201115:11 GRUND 021281201115:10 GRUND 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Debris: 0 No. of Residential Units Added N Commercial ❑ Work [Done by Owner ❑ Truss Construction I ❑ Zoning Board of Appeals ELEVATORS You must fill out the custom farm on activity detail if there is ELEVATOR work to be 9 Buitdln Construction: ORDINARY completed. There are no items in this list There are no Items in this list City of Buffalo 65 Niagara Square Buffalo, NY 14202 (796)851 - 4949 Fox(716)851 -5472 Report Date 021!2812011 03:20 PM Submitted By DAVID GRUNDY s • • - Page 6 D. Crowe, Owner, Use 1406.Hertel Ave for A Sit Down Restaurant and 2 Sidewalk Cafe's (hrg 3/1 S)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �' ,1 iP GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER GLIV NCIA, JR. Deputy City Clerk DIANA R ICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1366 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 651-5431 FAX: (716) 851-4845 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: To be held in the Council Chamber, 13 Floor, City Hall On: I am also informed that this is the only noti e that will receive, and that if I am not the owner r p z owner, petitioner or his/her age o e ab Signed at 2:00 PM �itioner and or owner , I will inform said Agent/Owner) Print NName k� I� . -- ( Phone ## %C� `6qO Date I " i 851-5086 FOR PLANNMG BOARD ��ETI�NG- /� M. 00 ( or C ���, (� GC Building Application Page 1 Date / Time By Date / Time By Processed 03/0212011 14:50 DIGEF Temp COO Issued COO Final Ex pir es -Assoma Valuation I Type of Work # Plans 0 Declared Valuation 3000g000 Dept of Commerce # Pages 0 Calculated Valuation 0.00 i Priority Auto Reviews Bill Group Actual Valuation 0.00 Square Foot 0.00 Name 1 -Desao phaa-of fk BUILDING PLANSICOMMON COUNCIL APPROVAL 511 -55 (PUBLIC HEARING) REQUIRED' "" FOR RESTRICTED USE PERMIT IN THE HERTEL AVE SPECIAL ZONING DISTRICT, CONVERT THE CORNER TENENT SPACE IN A 1 STORY STRIP MALL FROM MERCENTILE TO A SIT DOWN RESTAURANT "SPOT COFFEE ". AND PLACE 2 OUTDOOR CAFES (10' X 40'8` HERTEL SIDE AND 10' X 42' NORTHPARK SIDE) ON THE R.O.W. AS PER SCANNED SKETCH AND SURVEY. Parent A/P # j Project # Project/Phase Name Phase # Size /Area Size Description Address 1406 HERTEL BUFFALO NY 14216- Location Contact ID AC1016151 Name 1448 HERTEL AVE INC Mailing Address 1408 HERTEL AVE City BUFFALO ZIP/PC 14216 -2825 Day Phone Fax Occupant N From To Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 02/27/2002 To 05/06/2007 Contact ID AC793090 Name 1448 HERTEL AVE INC Mailing Address 1406 -1408 HERTEL AVE Organization City BUFFALO State /Province NY ZIP /PC 14216 -2825 Country USA Day Phone Evening Phone Fax Mobile # Occupant N. From To Owner Y From 04/1012001 Contact !D AC1215796 Name CIO JAMES M STEINHORN 1448 HERTEL AVE INC Mailing Address Organization City 1408 HERTEL AVE State /Province BUFFALO NY Zti' /PC 14216 -2825 Country ' Day Phone Evening Phone Fax Mobile ## Occupant N From To Owner Y From 02/2212005 D Foreign To 05/06/2007 D Foreign To 05/06/2007 City of Buffalo 65 Niagara Square �C Building Application Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 03/02/201102:56 PM Submitted By FLIP Page 2 Contact 10 A0208992 Name VOELKL LLC Mailing Address 1479 KENSINGTON AVE City BUFFALO ZIP /PC 14215 Day Phone Fax Occupant N From To Contactlt) AC18352 Name ZUCKER,WILLIAM & 1 Mailing Address 1408 HERTEL AVE City BUFFALO ZIP/PC 14216 -2825 Day Phone Fax Occupant N From To No Addresses are linked to this Application No Addresses are linked to this 0786500003018000 No Parcels are linked to this Application No Applicant Contacts Organization State/Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 07/07/2005 TO Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 Primary Y Capacity Type Effective Expire Contact 10 TBB Name TO BE BID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - ARCHITECT /APPLICANT: DAVID CROWE 585 -419 -8756 999999 HIM AC126720 TO BE BID Check Fees • APPLICATION FEE ($50.00) ® GC PLAN REVIEW - ASSEMBLY ($202.32) GC PMT, INSP, C OF O FEE - ASSEMBLY ($202.32) GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Check Inspections Check Reviews 543060 BCODEREV BUILDING CODE REVIEW 543061 CC APP COMMON COUNCIL APPROVAL REQ`D 543064 ELECTRICAL PLAN REVIEW REQ'D Fees Failed Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Incomplete tnco€nplete i City ofBuffaln 65 Niagara Square Buffalo, NY 14202 1 (716)851 -4949 Fax(716)851 -5472 i Report Date 03/02/20 02 :56 PM Subm By FLD GC Building Application r � Page .3 i 543059 ENGINEER ENCROACHMENT OVER CITY ROW? Incomplete 543062 FPLAN FIRE PREVENTION PLAN REVIEWREQ incomplete 543065 HPLAN HVAC PLAN REVIEW REQUIRED Incomplete I 543063 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases p APPLICATION FEE U. j GC PLAN REVIEW - ASSEMBLY U .GC PMT, INSP, C OF O FEE - ASSEMBLY U j GC PMT,tNSP,C OF O - INITIAL FEE U Total Unpaid 654.64 f - There are no Inspections for this Report � —M 50.00 ' 202.32 202.32 200.00 Total Paid 0.00 x i 543060 BCODEREV 0 N 031021201114:50 i 543061 CC APP 0 N 03/02/2011 14:50 i 543064 ELECTRICAL 0 N 03/02/201114:50 543059 ENGINEER 0 N 03/021201114:50 1 I j 543062 FPLAN 0 N 03102/201114:50 i 543065 HPLAN 0 N 03/021201114:50 543063 PPLAN 0 N 03102/201114.50 ,5 `..3,`f ;Y.x - � s,-- l �-- r° r' . v' .l' � rrr� � /r ;� `_ ,r✓� r -_. ?�� � - �€ i :f-- r .-w �� , Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Datelrime 03/02/2011 14 :48 Comments No Comments City of Buffalo Modred By DfGEF Modified DateMme 03/02/2011 14:50 No Comments 65 Niagara Square Plans Review Required GC Building A t31? g p� i 1C� i Buffalo, NY 14202 ❑ Revisions Required for Simple Plans ❑ One- and Two - Family Plan Review ❑ Revisions Req'd for 1- and 2- Family (716)851 -4849 Fax (716)851 -5472 ❑ Revisions Req'd for Mult. Dwellings N Building Code Review Report Date 03/02/201102:56 PM Submitted By PLY Page 4 PRIOR APPROVALS ❑ Revisions Required for Sewer Plans Plumbing Code Review ❑ Revisions Required for Plumbing Bflo Arts Commission ❑ Arts Comm. Approval City Survey (can t) ❑ Subdivisions Permit Office ❑ Asbestos Survey C] Asbestos Abatement ❑ Special events Common Council ❑ Bond /Ce€tirred check ❑ Assessment Combination City Engineering ❑ Admin Office /Apts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ® Encroachment ❑ Canopy/Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Oversize Trucking ❑ Froestandin Sin g g ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Demolition ❑ Telecommunication 0 Restricted Use Permit ❑ Simple Plan Approval ❑Tree over 4" at 4' City Planning ❑ Other ❑ Zoning /Use Check ❑ Citywide Site Plan ❑ Thruway Sign approval ❑ Subdivisions ❑ Urban Renewal Environmental Review ❑ S.E.O.R.A, Preservation Board ❑ Preservation District ❑Zoning Variance ❑ 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 Modred By DfGEF Modified DateMme 03/02/2011 14:50 No Comments PLAN REVIEWS Plans Review Required Revisions Required ❑ Simple Plan Review by Permit Office ❑ Revisions Required for Simple Plans ❑ One- and Two - Family Plan Review ❑ Revisions Req'd for 1- and 2- Family ❑ Multiple Dwellings Plan Review ❑ Revisions Req'd for Mult. Dwellings N Building Code Review ❑ Revisions Req'd. for Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans Plumbing Code Review ❑ Revisions Required for Plumbing ® Electrical Code Review ❑ Revisions Required for Electrical HVAC (Mechanical) Code Review ❑Revisions Required for HVAC /Mach. ❑ Elevator Code Review ❑Revisions Required for Elevators Fire Cade Review ❑ Revisions Required for Fire Bureau No Conditions There is no planning condition for this project. No Records for This Search Criteria City of Buffalo 65 Niagara Square auffalo, NY 14202 (715)851 -4949 Fax (716)851 -5 GC Building Application r) f?epnrf D ate 0 02 :56 PM Submitted.By FLD Page 5 NORTH PARK 4 IRV PATIO DINING W OFFICE 701 COOLERIFRZ. (D WO LL LLJJ ;1 MI ENS PIZZA CV ATIODINING -- 0 y LU COUNTER w Up�R DINING AREA 414 LOUNGE v w i seASSEo F� PLATFORM 0 Vo . . .. .. ........... . . - L� M4RRL�� :......] � LJ ' V PROPOSED FLOOR PLAN SCALE: 118" = 14* Plotted: Mar 02,2011-11:23AM Project Name: @ A Project No bmM;V Tftle Drzwrinq No. SP oT COFFEE Stale: PROPOSED FLOOR PLAN 99 Gamsey Rood, Suite 101 Claw n3 v2 -iy 1406 Hertel Avenue Pittsford, NY 14534 2.0 585.41 P + 5$5.419.$814 F D� By: Buffalo, NY 14216 www.hbwrnerstone.com SOUTHEAST ELEVATION SCALE: 118 " = 1'-0" Plotted: Mar 01, 201 1.116PM SOUTH ELEVATION SCALE: 1J8" = 1'.ql Project Name; SPoT COF FE E ev � i 01'1 R I Project No. 231590 Draw v Ttie Drawing No: 1406 Hertel Avenue Buffalo, NY 14216 913 G�imsey Road, Suite 101 Pittsford, NY 14534 585,419.8800 P + 585.419-8814 F www.hbcornerstone.com smic: PROPOSED ELEVATIONS 1.0 Os °: Drawn By: EAST ELEVATION SCALE: 118" = V-D" f �� j v 7� L � V €'� fl � A 00042 Appoint Sr Data Processing Equipment Operator (Temp)(Inter)(Miranda) (.MIS) Ccp# 7, 2122 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT ;�O Recommended by the Committee on Civil Service ,f Appoint Account Clerk Typist (Perm)(Inter)(Mann)(PW) Ccp# 14, 2122 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT M 3 Recommended by the Committee on Civil Service v Appoint Principal Engineer (Perm)(Max)(Ghasemi)(PW) Ccp# 15, 02122 Mrs Russell moved That Communication of 15 of February 22, 2011, be received and Filed and that the Permanent appointment of Sayed Ghasetni, 161 Whithall, Buffalo, NY 14220 at the Maximum Salary of $77,713.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 3 AYE * NO � x FONTANA F RAN CZ YK G®LOEK x KEARNS LOCURTO PRIDGEN RIVES RUSSELL SMITH a x 1, 2/3- 6 3/4- 7 Response Re Residency Requirement for 2011 Police Officer Exam(CS) Cep# 21, 2108 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT Recommended by the Committee on Civil Service 00046 M. Kearns -M. Kless- Procedures for Administering Civil Service Tests Ccp# H, 11116 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT E� a jj\ E � ` 3 Recommended by the Committee on Civil Service M. Kearns- Police Hiring Procedures: Model for Buffalo, NY Ccp# 64, 6/08 Mrs. Russell moved That the above item be the same and hereby is Received and Piled. ADOPT M { t_ Recommended by the Committee on Civil Service I i m 00048 f Permission to Engage Services- Consulting Engineering Services (PW) (Item No. 9, C.C.F., February 22, 2011) That the above item be, and the same hereby is returned to. the Common Council without recommendation. Mr. Kearns moved: That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire an engineering consultant for a term contract to provide engineering services for Federal -Aid projects; specifically in the areas of traffic and transportation engineering and design, construction and management inspection services, on the condition that said contract is forwarded to the Common Council for its approval prior to execution with an indication of what funds will be used to cover the costs of the services provided pursuant thereto. Passed. Recommended by the Committee on Finan Cha an TABnnv tA%Yp60\msword\rmv\7c3- 8c.duc r1 r�° ���1 .. _ 7 � # Permission. to Engage Services- Consulting Engineer -Grant Services (PW) (.Item No. 10, C.C.P., February 22, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation, Mr. learns moved: That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire an engineering consultant for a term contract to provide grant services, on the condition that said contract is forwarded to the Common Council for its approval prior to execution with an indication of what funds will be used to cover the costs of the services provided pursuant thereto. Passed. Recommended by the Committee on Fin ce C TABmiv t:1wp60\nis ,ivord`rmv\8c3- $c.doc * AYE NO s� Fj ONTANA 'E sr it FR NLZYK vY x F GOLOM sY x 1e E.A RNS ar L®CURTO do x - sk ,,��--rry��r GE1�1 st y � g RIVE RUSSELL �r 77�� �� gygg SMITH �e Ma ® 5 g 2g / ° �6 3! 4 ° 1 3s St �t 000 50 .: Meeting Scedales for T# 18, 21220 Plumbers(EDPI) The Board Cp Mr, Kearns moved That the above item be the same and hereby is Received and Filed. ADOPT Recommended by the Committee on Finance 00051 j Tonal -Off Track Betting Corp. M. Kearns -lvl. Basinait re :WCcp# 30, 2122 Mr. Kearns moved That the above 'stem be the same and hereby is Received and Filed. ADOPT the Committee on Finance Recommended by I Pajak- Response HR- Review of City Hail Security Cop# 40, 2122 Mr. Kearns moved That the above item be the same and hereby is Referred to the Special Committee on Budget ADOPT Recommended by the Committee on Finance mmm A Review of City Hall Security Ccp# 91, 1125 Mr. Kearns moved That the above item be the same and hereby is Referred to the Special Committee on Budget ADOPT Recommended by the Committee on Finance ty r� p--) J. Pajak- Compt's Report to Mayor 2011 Cap Improv Budget & 5 Yr Plan Ccp# 83, 9/7 Mr. Kearns moved That the above item be the same and hereby is Received and Piled. ADOPT E Recommended by the Committee on Finance �J �o_ M .. M 00055 Report of Sale — 361 Adams (Item No. 1, C.C.P., Feb. 22, 2011) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mh LoCurto moved: That the offer from Mr. Gary Collins and Mr. Jermaine Collins, residing at 355 Adams Street, in the sure of One Thousand and Eight Hundred and Twenty -Five Dollars {$1,825.00) for the purchase of 361 Adams, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. Passed. ge Recommended by the Committee on Community Development V — Z -4b hairman TAB:rmv TAwp60Ws%vnrd\rmvU 1 -3 c.doc ICI AVE NO x 7�t g� ONT /i N /, �8a�� t • l'af.'11 a GO * 7f SFC KEARNS . LOCURTO "jf 94 - Sk 7g�[y � pRIDOE{ .N n.a u�. 7fC 7C 7s RIVE RA 2@.C! 9C 'k SAC 3k RUSS � �S SMITH Maj 5 g ��� � � � ��. �, , Notification Serials -10605 -10508 (PW) (Waive 45 Days) (48, 2122) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation `�° `,, <, 0 04 r I� C. Collins- Participate at the Gov't for People UB Summit ( #29, 2122) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation � �q Ordinance Amendment - Chapter 511 — Clinton St. Special Zoning District . (Item No. 91, C.C.P., February 22, 2011) That the Ordinance Amendment as contained in Item No. 91, C.C.P., February 22, 2011, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman TAB:rmv TAwp60WswordVmv1176- 8c.doc 0 aj = 5 2/3- 6 3/4- 7 *AVE *NO * ( l n 3 Ordinance Amendment d Chapter 511 -- Lovejoy St. Special Zoning District (Item No. 92, C,C.P., February 22, 2011) That the Ordinance Amendment as contained in Item No. 92, C.C.P., February 22, 2011, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chairman TAB:rmv T:hvp60lms%Yordlmvlf 86- 8c,doc �ti * AYE * NO * FONTANA FRANCZYK SL GOLOMBEK REARMS LOCURTO PRIDGEN RI ERA RUSSELL SMITH Maj;. 5 2/3- 6 0 3/4- 7 Ordinance Amendment - Chapter 511 — Genesee St. Special Zoning District (Item No. 93, C.C.P., February 22, 2011) That the Ordinance Amendment as contained in Item No. 93, C.C.P., February 22, 2011, be and the same hereby is approved. Passed Recommended by the Committee on Legislation' " ' Chairman L� TAB:rmv 'r:hvp 60\rn sword\rmv\ l 9 c3 - 8 c. doc *AYE NO FONTANA x x FRANCZYK GOLOMBE x LEARNS LOCUR.TO PRID EN x R VERA RUSSELL STH Maj ® 5 2 /3a 6'( 3/4- 7 Ordinance Amendment e Chapter 511 — Zoning Pan - American (Item No. 96, C.C.P., February 22, 2011) That the Ordinance Amendment as contained in Item No. 96, C.C.P., February 22, 2011, be and the same hereby is approved. Passed Recommended by the Committee on Legislation Chair 'a TAB:rmv TA%vp6 01m swordlrmv120 c 3 -8c. doe ■ AYE *NOS FONTANA FRANCZYK s@ x GGLGMBEK KEA RNS LOCURTO PRYDGEN x x RIVERA RUSSELL SMITH maj 2/3- 6' 314- 7 9 00062 LL Intro. No. 1 — Amending the Charter of COB in relation to the Dept. of Audit and Control (Item No.. 97, C.C.P., February 22, 2011) That the Ordinance Amendment as contained in Item No. 97, C.C.P., February 22, 2011, be and the same hereby is approved. Passed Recommended by the Committee on Legislation TAB:rmv l'!\wp601msword\Tiiiv\21 c3- 8c.doe r *AYE *NG* * .EGNTAN.A * FRAN CZYK GGLG BEK x * ]KEARNS * LOCURTG PRID GEN RIVE * RUSSELL * SMITH n' '� J� Maj b 5 2/3- 6 7f 3/4- 7 BSA Policy for Treatment ofNatmal Gas Drilling (hydro Fracking) (Item No. 72, C.C.P., February 2, 2011) That the above - entitled resolution is returned to the Common Council from the Committee on Legislation without recommendation; Mr. Golombek moved: That the above Resolution be received and filed; and That the Common Council acknowledges and appreciates the appearance of the General Manager of the Buffalo Sewer Authority's appearance at the Legislation. Committee Meeting and his explanation.of the Authority's policy of not accepting "frack- water" and awaits a formal policy declaration to that effect from the Buffalo Sewer Authority Board. Passed Recommended by the Committee on Legislation TAB:rmv i Aw p60\ms worftn Y\26c3- 8c.doc cl`-� AYE NO FONTANA FRANCZYK x x GOLOMB KEAS X x K Ypgp �� ®gg n/-�yYYyyy ry9� @@ma/-yy®® .4.AOCURTV �C 4 3k PRID G E N X 9i RIVER ], RUSSE SMITH 7: x 1d aj 5 7{ 2/3- ° �` }¢ 7 00064 D. Rosen -SLA Response to Underage Drinking World Junior Hockey Champ (438,2/8) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation T r 7?) C. Kalevar- Concerns 136 Adams - Water /Sewer & User Fees for Empty Lot (x`46, 12/14) That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation a ,4 Licensing Plowing & Snow Removal Business in the City of Buffalo (##79, 12/14) That the above item be the same and hereby is Received and Filed. ADOPTED l _ 3 Recommended by the Committee on Legislation _,r Food. Store License (New) — 1635 Genesee (Fill)(EDPI) ` (Item No. 28, C.C.P,, November 3, 2010) Mr. Golombek moved: That the above communication from the Department of Permit and Inspection Services dated October 27, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Ahmed Ayash, d/b /a The Island Food Mart, located at 1635 Genesee, Passed r Recommended by the Committee on Legislation Chairman TAB :rmv TAwp501mswor&nnvV6c3 -8c. doe �b 1 Y * A E * N\l FONTANA y}�-� g /yry /r ll' ��J ii } V V LEARNS gg' � �'s� 7 ■!2g A OCURTV � yy� 5gq�} d GE Y rF yy ty/��{ ''gg�� RI -� A.:.1 RUSS SMITH n 2/3- 6 q 3/4- 7 r 00068 Lodging House License- 541 Walden (Fill)(FDPI) ( #63, 10/5)( #4I, 5/11)( #74, 9/21) F -� the above be the sae and hereby is Recommended by the Committee on Legislation )q d.to� RESOLUTIONS March 8, 2011 00069 By. Mr. Franczyk. Co- Sponsors: Mr. Fontana, Mr. Kearns RE: Permission to Hang Flags Along Old Neighborhood Parade Route Whereas: The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and Whereas: The parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood; and Whereas: The first parade started out small with about twenty marching units. This year, on March 19, 2011, the Old Neighborhood St. Patrick's Day Parade will have over 75 marching units and is the second largest St. Patrick's Day Parade in Western New York; and Whereas: The Valley Community Center is requesting to hang flags along the parade route from March 12, 2011 to March 26, 2011; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old Neighborhood St. Patrick' Day Parade. The flags will be installed on March 12, 2011 and stay up until March 26, 2011; and Now, Therefore, Be It Further Resolved: That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. David A. Franczyk � I I f - e --- CS myawz Richard A. Fontana Michael P. learns I fp ,y By: Mr. Golombek Re: Discharge Legislation Committee Item #62 C.C.P. January 11, 2011 "Food More License (New) -912 E. Delavan (Alas) (EDPI) (#25,12114) ( #52,12128) Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #62 C.C.P. January 11, 2011 "Food Store License (New) -912 E. Delavan (Mas) (EDPI) ( 425, 12/14) ( #52, 12128)" and said item is now before the Common Council for its consideration. V ► # :•= Joseph Golombek, Jr. hp l Conditions for 912 E. Delavan Food Store License Hours of Operation — 11 PM Weekdays, 12 AM Weekends Days of Operation Licensed Security Guard — 8 PM to Close: Security Cameras on premises Security tapes to be kept for a specific period -- 30 days Security tapes to be available upon request Security Signage (Noting location is monitored) No Loitering "NO LOITERING" Signage Graffiti removal -- within 48 hours No Cigarette Displays or Advertising on outside of store No Alcohol Displays or Advertising on Outside of Store No Blunt Displays No "One -Hit" Tobacco Pop Sales or Displays No Glass Tube Sales or Displays No Cigarette Rolling papers Displays No Outside Speakers Outdoor Trash Receptacles /Garbage Cans outside Adherence to All Local, State & Federal Rules and Regulations No encumbrance on the City Right of Way No obstruction of windows Sign Ethics Agreement *AYE *NO FONTANA FRANCZYK GOLOMBEK ARNS x LOC RTO x PRIDGEN RI g ERA RUSS SrV 1 I ze X 7ti Mai;- 5 R 2/3- 6, SI 3/4 / y StC S 'f4 00071 RESOLUTION l By: Mr. Golombek RE: Acquisition of Vacant Lots for use as Community Gardens WHEREAS, Certain lots in the City of Buffalo lie vacant and as a blight to the surrounding neighborhood, and it would be beneficial to the City for these lots to be stabilized and maintained as community gardens; WHEREAS, One such lot is described as ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING in the City of Buffalo, County of Erie and State of New York, being part of Lots Numbers 136 and 137 of Parish. Tract, so called, and bounded as follows: BEGINNING in the easterly line of Dearborn Street, 66 feet northerly from the northerly line of Hamilton Street; thence easterly and parallel with the northerly line of Hamilton Street 82 Y, feet to the center of the block; thence northerly parallel with Dearborn Street 33 feet; thence westerly parallel with the first mentioned boundary 82 Y, feet to the easterly line of Dearborn Street; thence southerly along said line of Dearborn Street 33 feet to the place of beginning, commonly known as 279 Dearborn Street, and; WHEREAS, The property known as 279 Dearborn Street is owned by Ahmed Albadri; WHEREAS, Another such lot is described as ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot Number two hundred fifty- three (253) of the Parish Tract and further distinguished as Subdivision Lot Number eighteen (18) in Block "D" as shown on a map filed in Erie County Clerk's Office under Cover Number 196 and being thirty (30) feet fi•ont and rear by one hundred (100) feet in depth, Germain Street, east side, four hundred forty -two and ninety -two hundredths (442.92) feet south of Grote Street, commonly known as 139 Germain Street, and; WHEREAS, The property known. as 139 Germain Street is owned by The North Buffalo Community Center, Inc. and; WHEREAS, The Charter and Code of the City of Buffalo, §27 -2, states that the Common Council "by a two - thirds vote of all the members elected thereto authorize the mayor to acquire title to or lease any real property;" NOW THEREFORE BE IT RESOLVED, That this Common Council hereby directs the Director of Real Estate to acquire the vacant lots at 279 Dearborn for the purchase price of $300 and 139 Germain Streets for $1 and no more, and; BE IT FUR'T'HER RESOLVED, That copies of this Resolution be forwarded to the Division of Real Estate and the Corporation Counsel's Office, in order that said transactions may be accomplished. * AVE *N®* e LY FONTANA 1 LOA l CZ 8 Jp.Yh 9a((yyYY y { �� y GO T BEK 'k / y [�� �7 ��gy KJ.C2R 9 S * yg � ® y yp►[pp� L OCURA�O _f• P y ��{ . } y� g ® g y p���y { d1A.A.D'�PE 1 � 'pq yypyy� [,{g a,RIVER[8 � 9: RUSS K SMITH . 1[Saj n �1C g5 2/3 V k 7L 3/4- 7 Ll Sponsor: Darius G. Pridgen Subject: Safety meeting with nightclub owners and.prormoters WHEREAS: In light of recent events involving unruly behavior in downtown nightclubs, the Buffalo Common Council expresses its concern for the health, safety and welfare of all individuals that live, work and visit our city; and WHEREAS: It is the duty of this honorable body to take immediate and conscientious actions to prevent a continual rise in violence and unruly behavior in the City of Buffalo. Elected officials, the business community and residents must work together to ensure a safe environment for all; and WHEREAS: Media reports continue to indicate incidents of unruly behavior inside and around certain establishments that host evening entertainment events; and WHEREAS: The City of Buffalo Common Council has an obligation to city residents to ensure that all establishments located in the City of Buffalo granted a retail license from the New York State Liquor Authority are in full compliance with the requirements mandated to maintain their license; and WHEREAS: While the vast majority of bars, restaurants and hotels in the Ellicott District are responsible and positive members of the local business community, and in many cases have vocally expressed concern about unruly behavior and desire to work together to ensure that Buffalo night spats are a desired place of entertainment and not illegal activity; and WHEREAS: The Buffalo Common Council is sending out a clear message that responsible enjoyment and entertainment is arrays welcome in our city, but crime and unruly behavior will not be tolerated. NOW, THEREFORE, BE IT RESOLVED: That a request be sent to the Buffalo Police Department to issue a report showing the amount of police calls to nightspots in the Ellicott Distract in 2411, the nature and resolution of those calls. BE IT FINALLY RESOLVED: That all establishments that have a current valid liquor license, promote events and operate a business within the boundaries of downtown Buffalo and the Ellicott District be in attendance on Thursday March, 24, 2011,10arn at the Buffalo Public Library to 1) Be made aware of current city laws concerning their establishments; 2) To discuss ways that our entertainment district may continue to thrive without an increase in violence and unruly behavior; 3), Be made aware, and discuss, legislation now being drafted to create a safe environment in and around nightclubs and entertainment events. Darius G. Pridgen Ellicott District Council Member jq ` 4 f. BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT 05 — LAW 1046 — LAW DEPARTMENT �F The Common Council of the City Of Buffalo does ordain as follows: That part. of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 05 — Law, 1046 -Law Department which currently reads: I Legal Stenographer 4 Legal Secretary Is hereby amended to read: Legal Secretary $ 35,026 - $ 40,337 $ 35,026 - $ 40,337 $ 35,026 - $ 40,337 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above- mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position DAVID RODRIGUEZ, ACTING CORPORATION COUNSEL AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. DAVID RODRIGUEZ ACTING CORPORATION CO S , - � �' ', _': � z 6 f a L D A.I. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVED AS TO FORM c�7 ion C' unsel 2123120 0A PASSED r AYE NO FOIE TANA � FRANCZYK GOLOMIBEK x KEARNS x * � LOCURTO R PREDGEN RIVERA RUSSELL SMITH � x � Maj 2/3- 6 3/4- 7 v BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Gary Chwojdak Thomas L.eatherbarrow John Paradowski Valerie Stover -Kelly Karen Colquhoun Janet Stachura Miranda Rodriguez Rosemary VanderHaeghe Peter Thibaudeu Nelson M. Rivera TOTAL. 10 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. R:e m�mmittees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, March 15, 2011 at 9:45 o'clock A.M. Tuesday, March 15, 2011 at 10:00 o'clock A.M. Tuesday, March 15, 2011 at 1:00 o'clock P.M. Tuesday, March 15, 2011 at 2:00 o'clock P.M. .Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time iven for notification it will be rovided. In addition there rma be meetings set un whereby the City Clerk's Office is not made aware• therefore unless we receive notice from the respective Chairmen we cop nl make notification of what we are made aware. No. Adjournment, On a motion by Mr. Fontana, Seconded by �:�s, the Council adjourned at GERALD CHWAUNSKI CITY CLERK March 8, 2011