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I CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO :Tune 28 2011 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Coiancilmembcrs: Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell & Smith e 9 Absent -None On a motion 'by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on June 14, 2011 were approved. FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PRIDGEN R WA RUSSELL SMITH _- dnr___- -A_..] [MAJ- 51 [ 213 - 6 [314_ 71 *AYE'S NO'S * * * * * * * * * * * * * * * * * * * * * * * * * * * * * June 28, 2011 FROM THE MAYOR June 28, 2011 PROM THE MAYOR - EXECUTIVE DEPARTMENT June 28, 2011 FROM THE CITY PLANNING BOARD June 28, 2011 00 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to hart 617 of the implementing regufations pertaining to the New York State Environmental Quality Review Act (SEQR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Mall 65 Niagara Square Buffalo New York 14202 As per the provisions of.SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mercy Comprehensive Care parking Lot Location: 190 Fulton Street Type of Action: Unlisted, Uncoordinated Description: Ellicott development Company is proposing the construction of parking lot on the Prop" located at 190 Fulton Street Buffalo New York. The parking lot will be located across from the recently completed Mercy Comprehensive Care Center. A portion of the former Fulton Academy School that was abandoned by the Buffalo Board of Education in 2006 will be demolished to make room for the new parking area. The remainder of the school building will be repaired and converted into medical or educational use in the near future. Asbestos removal is currently taking place and the demolition will take place shortly. Common Council approval for use as a parking lot was reviewed on March 22, 2011 and the Preservation Board recommended the demolition of a portion of the former school building on dune 16, 2011. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination. The facts and reasons for this decision are as follows: the parking lot will help provide adequate parking for the staff and patients of Mercy Comprehensive Care as well as their future expanded use of the remaining building on site. 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, and Buffalo New York 14202 -- (716) 851 -5085, Dated June_ 21. , 2019 CC: City Clerk City of Buffalo Economic Development, hermits and Inspections City of Buffalo Public Works, parks & Streets Ellicott Development s A 0 () 0 0 2 SEQRA Notice-of Determination Nan Significance Negative Declaration This notice is issued pursuant to Part 617 of the Implementing .regulations pertaining to Article B (SEAR ® State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency; City of Buffalo Planning Board Room 901, City Hail 66 Niagara Square Buffalo New York 14202 As per the provisions of SEQR,. the Lead Agency has reviewed the following action as it relates to the environment! Action Title Advanced Alarm Addition Location: 1407 Niagara Street Type of Action: Unlisted- Uncoordinated Description: Dean Sutton Architects on behalf of Advanced Alarm Company is proposing the construction of a warehouse addition located at 1407 Niagara Street, Buffalo New York, The project will be reviewed by the City of Buffalo Zoning Board of Appeals for a commercial business in a Residential district. The main office is located in a commercial district as this project is directly behind the existing building. The building will be used warehouse supplies and equipment related to the home security and commercial alarm business. The work will include the construction of a two story post frame building attached to the existing building. The exterior material will be stamped metal panels and three garage doors for vehicle access, Advanced Alarm has been located in Buffalo for a number of years and has grown extensively since moving into the City. This project will allow for continued growth of this business and visual improvement to the surrounding properties The project is privately funded. As a result of this Environmental Review, the Dead 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 Ora ft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project this project will allow for the continued growth of a successful business located in the City of Buffalo as well as possible future employment opportunities as they continue to grow.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 Grunawe€g, Land Use Controls Coordinator, Room 901 City Half, Buffalo New York 14202 — 716 851 -5085 Dated:: Junes CC: City Clerk City ofBuffalo Public. Works, Parks, Streets Depar€ment City of Buffalo. Economic Development, Permits and Inspection Advanced Alarm RECEIVED AND FILED I p ,. 00003 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Transitional Services Inc. Apartments Location: 311 Vulcan Street Type of Action: Unlisted- Coordinated Description: William L. Lang Associates on behalf of Transitional Services Inc is proposing the construction of an apartment building located at 311 Vulcan Street, Buffalo New York. The proposed project id for thirteen (13) one bedroom apartments funded through a grant offered through the New York State Department of Mental Health. The thirteen apartments are six hundred square feet each and will have a living/dining area, a single bedroom, bathroom and small storage closets. There will be a small central six hundred square foot (600) community room that would be used by tenants for group activities. A laundry area with washers and dryers will be provided for tenant use as well as a common storage area and three staff offices. The building will be constructed on a concrete stab on grade, wood frame with pre engineered wood trusses. The total square footage is twelve thousand square feet (12,000). The exterior wails will consist of first floor eight high (8) brick wainscot with vinyl simulated shake shingles above the brick. The roof will be designer series asphalt shingles. All trim will be covered with aluminum and the windows will be wood clad vinyl. There will be parking for eight cars, visitors and staff and a storage garage for lawn and snow removal equipment as well as gardening supplies. The remaining area will be planted with lawn, bushes and trees. A concrete patio will be constructed for use by the residents and staff at the rear of the building. Construction is anticipated to begin later in this year. . As a result of this Environmental Roview, 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: The project will take a vacant lot that has been unproductive for over 40 years and create a landscaped area with apartments and individuals that can take advantage of the muses and near by parks. 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 DatedL June 2.1 CC: City Clerk City of Buffalo Public Works, Parks, Streets Deparhnent City of Buffalo Economic Development, Permits and Inspection William Long Associates NYS Office of Mental Health tee: iw 0f;. I CITY OFBuFFALO CITY PLANNING BOARD 901 CITY HALL BUFFALO, NEW YORK 14202 BYRON W. BROWN MAYOR June 21, 2011 Re: Buffalo Niagara Medical Campus — North End Development Final Supplemental Environmental Impact Statement To All Interested and Involved Agencies: Pursuant to 6 NYCRR 617, enclosed please find a copy of the Final Supplemental Environmental Impact Statement ( "FSEIS ") for the proposed Medical Office Building located at 1001 Main Street, between Goodrich and high Streets, City of Buffalo, County of Erie, State of New York. Should you have any questions or concerns about the FSEIS or the Project, please do not hesitate to contact me at (716) 851 °5086. William P. Grillo Principal Planner JeAl 5957691 "IN Final Supplemental Environmental Impact Statement Buffalo Niagara Medical Campus ®North End Projects Medical Office Building Lead Agency: City of Buffalo Planning Board 901 City Dail Buffalo, New Mork, 14202 William P. Grillo, Principal Planner City of Buffalo Office of Strategic Planning Project Sponsors: Ciminelli Real Estate Corporation As agent for FLC 50 High Street Corporation 350 Essjay Road Williamsville, New Fork 14221 Prepared by: City of Buffalo Planning Board June 2011 TABLE OF CONTENTS 1.0 Introduction ................ ........................................ ............................... ............... 1 1.1 Purpose and Intent of FSEIS ............. ................... --- .................................. . 1 1,2 SEAR Review Process ...................... .............................. ............................... 2 2.0 Project Summary as revised .. ............................... ............-- .......... .....I........., 3 11 Project Changes since DSEIS ................................ ............................... ... .. 3 2,2 Project Description ........ ................................................... ............................... 3 23 Summary of Adverse Impacts .............................................. ............................... 5 3.0 Revisions ... ---- ...................................... -- .................... -- ... ............................ 11 3 Revision to Text ................................................................. ............................... 11 3,2 Revisions to Figures ............................. ........................ ......,........................ 11 4.0 Summary of Comments and Responses ................................. ............................... 12 Medical Office Building — Buffalo. Niagara Medical Campus.. ........................ ---- ... 12 APPENDICES Appendix A Public Comments E 1.0 Introduction 1.1 Purpose and Intent of FSEIS This Final Supplemental Environmental Impact Statement ("FSEIS ") has been prepared pursuant to the State Environmental Quality Review Act ( "SEQRA "), Article 8 of the New York State Environmental Conservation Law and its implementing regulations (6 NYCRR Part 617) for Ciminelli Real Estate Corporation's proposed Medical Office Building (MOB) to be located at 1001 Main Street in the City of Buffalo ( "Project "). This FGEIS was prepared by the City of Buffalo Planning Board ("Planning Board ") acting as Lead Agency pursuant to SEQR. The purpose of this FSEIS is to present revisions to the Draft Supplemental Environmental Impact Statement ( "DSEIS "); to present substantive public and agency comments on the DSEIS received during the public /agency comment period; and to present the Lead Agency's responses to those comments. Completion of the FSEIS will allow the Planning Board to make its final determinations regarding the potential environmental impacts of the Project. Section 2 of this FSEIS presents a summary description of the Project and of the DSEIS; including the discussions of impacts, mitigations and alternatives. The general purpose of the DSEIS was to identify and evaluate the potential impacts that may result from developing the Project; to propose reasonable mitigation measures to reduce the effects of significant adverse impact; and to evaluate alternatives to the Project. Section 2 will also describe whether substantial changes to the Projects have been introduced since the DSEIS was accepted on November 09, 2010. Section 3 of this DSEIS presents any changes to the original text and figures. These changes would include Project changes. Section 4 is the summary of all comments received by the Lead Agency during the public comment period and the Planning Board responses. I { I 1.2 SEAR Review Process The MOB was originally reviewed by the City of Buffalo Planning Board ( "Planning Board ") acting as lead Agency for the Buffalo Niagara Medical Campus — North End Projects. On September 23, 2008 the Planning Board determined that the BNMC -North .End Projects had the potential for significant adverse environmental impacts and required the applicants to prepare a DGEIS, The original SEQRA process included the following: a Draft Generic Environmental Impact Statement ( "DGEIS ") dated October 7, 2008; a Final Generic Environmental Impact Statement ( "FGEIS ") dated January 13, 2009; and a Finding Statement dated January 23, 2009 ( "Findings Statement "). (The DGEIS, FGEIS and Findings Statement are referred to collectively as the 44 GE1S ".) Subsequent to the completion of the GEIS Findings, three projects (GVI, SNF, and MMTS) have proceeded with development based on the thresholds, criteria and mitigations established during the GEIS process. However, the MOB project (location and scope) has been modified from its original proposal, so a DSEIS was prepared to assess the potential change in the impacts analyzed as part of the original SEQRA review process. Recognizing the nature of the changes, on September 10, 2010, Ciminelli Real Estate Corporation ( "Project Sponsor ") submitted a draft scope and a Full Environmental Assessment Form ( "FEAF ") to the Planning Board to begin the SEQRA review - of the MOB as proposed. The Planning Board agreed with this determination and on October 12, 2010, accepted the draft scope for the SEIS. On November 23, 2010 a supplemental Draft Impact Statement was accepted as complete by the Planning Board. A public hearing was subsequently held on December 2I, 2010. The public comment period for the project was open until January 7, 2011. 2 2.0 Project Summary as revised 2.1 Project Changes since DSEIS A few alternatives to the project have been detailed since the publication of the DSEIS. These include a change in the alignment of the coatless walkway and an additional level of parking. The Project Sponsor is exploring a third level of underground parking. This would not change the impact assessment as presented in the DSEIS, except it would decrease the parking deficit that was calculated. Because a reduction of the parking deficit is a reduction of negative impacts, as presented in the DSEIS, the DSEIS evaluated the most significant impact project scenario possible: Two floors of underground parking. The potential addition of a third floor of underground parking, if constructed would represent a net reduction in the Project's impacts. This will increase the square footage of the building to 560,000 sq ft including 180;000 sq fl of underground parking. The other potential change in the Project is another potential alignment for the coatless walkway or the.elimination of the coatless walkway. The Project Sponsor indicated that another alignment being explored is to connect a walkway from the north side of the MOB across Goodrich Street to the public parking garage. The walkway would then connect into BGH across Ellicott Street. This change would require the walkway to cross two streets rather than one, this is a minor impact as the walkway would not have negative impacts. The elimination of the walkway would also not be a negative impact. 2.2 Project Description Ciminelli Real Estate Corporation, as an agent for FLC 50 High Street Corporation, will construct and operate the proposed MOB to be located at parcels 991, 997 and 1001 Main Street. The address for the MOB will be 1001 Main Street. However, the building will occupy less than half the current block, bound by Main, High, Goodrich and Ellicott Streets. The rest of the site will be reserved for future development and continue to be used as surface parking in the interim. 3 The MOB will lease medical office space to a variety of tenants, including a Kaleida Health Ambulatory Surgery Center, a Kaleida Health Imaging Center and. Blood Draw, physician groups, and new businesses spurred by the BNMC. Several prospective tenants have been identified and lease negotiations have begun for potential occupancy in the building. The building will also have retail and other amenities that cater to MOB occupants. A "coatless" walkway may physically connect the MOB to Buffalo General Hospital ( "BGH "). Two potential alignments are being evaluated: one would connect directly to BGH; another would connect to BGH via the parking ramp located across Goodrich Street to the north of the MOB. A third possibility would be to eliminate any covered walkway connection between the MOB and BGH. A potential connection to between the Niagara Frontier Transportation Authority C NFTA ") Metro Rail Allen/Medical Campus Station below grade platform and the MOB is also being pursued. Ruildin 4 Envelope- The MOB will be up to 560,000 sf and up to seven stories, with up to three stories of below grade parking. The total square footage of the building will be 180,0 parking and 380,000 sf of commercial space. The first five floors of the MOB will be 60,000 sf. The 6' and 7'" floors will be stepped back resulting in a floorplate of 40,000 sf. The building was designed to compliment the modern aesthetic on the BNMC while being a respectful neighbor to the nearby Allentown Neighborhood. Access The MOB will have up to three levels of below -grade parking with access from High Street. There will be a patient drop -off area on High Street, consisting of a curb cut a nd drop -off, but no parking. There will also be pedestrian access from Main Street. Goodrich Street will have an entranceway and staging area for deliveries. To facilitate the movement of staff, a coatless walkway may be built to connect the MOB to BGH and the GVI. There are two possible alignments for this walkway. The first 4 i t would connect the MOB to BGH through the parking garage, which is located across Goodrich Street to the north of the MOB, The other potential walkway alignment would be along Goodrich Street; the walkway will then cross over Ellicott Street connecting to BGH. Two scenarios are being explored for this alignment, one below -grade and one above grade. In the above grade scenario, the walkway would be constructed to connect the second floor of the MOB with the first floor of BGH, while staying above ground the entire length. The second option would be constructed below -grade along Goodrich Street, until rising above grade and crossing Ellicott Street overhead to connect to BGH, The below -grade option would have a structure at or near the corner of Goodrich and Ellicott Streets to allow the walkway to connect to Ellicott Street into the first floor of BGH (due to elevation changes the first floor of the BGH still allows for proper clearance over Ellicott Street). Depending on final lease negotiations and tenant mix, the Project Sponsor may not construct a walkway. Another aspect of the Project that is currently being discussed with the NFTA is a direct connection from the subway stop at Allen-Hospital Station to the MOB. This connection would be a new corridor from the NFTA station mezzanine level or the northbound platform to a pavilion, directly in front of the MOB at the north-east corner of Main and Nigh Streets via a stairway and elevator. The current Allen - Hospital platform ends underground at the north-east corner of Main and High Streets proximate to the building envelope for the MOB. This concept is in the development stages, a number of issues need to be discussed and worked out with NFTA before this connection can go forward. 2.3 Summary of Adverse impacts LummyMJoAvrs e Im acts and Miti ations Trans artatioar and Parkin Transportation The addition of up to a total of 1,200,000 square feet of health care space and a parking ramp (based on all four projects assessed in the 2009 GEIS), and the traffic associated therewith, the combined North End Projects may negatively impact the Level of Service 5 ( "LOS ") at various intersections at, or in the vicinity of the BNMC during the peak fours of the day. Mitigation As established in the 2009 GEIS, the BNMC should pursue with the relevant agencies the optimization of signal splits and/or cycle lengths at the following intersections: Parking The parking demand the revised size of the MOB (560,000 sf with 180,000 sf of that being parking) is 1106 spaces (77% of 1437 based on reductions for mode share). This increase of parking demand leaves the BNMC — North End with a parking deficit of 238 spaces. This is represents a reduction in the parking deficit from the SDEIS of 120 spaces based on an additional floor of underground parking. Mites As established in the 2009 GEIS, the BNMC agreed to implement a Transportation Demand Management Program which includes a collection of strategies to reduce vehicle trips and encourage alternative modes Utilities Existing fire pump service may not be adequate to provide fire protection to the top floors of the MOB. The MOB will require an extension of the medium pressure service from the 12" main on East North Street running south on Main Street to Goodrich, until a point where a service lateral off the Main lines can be installed. Mitigation As established in the 2009 GEIS, the following mitigation measures should be implemented to minimize the potential impacts: Although sufficient water capacity is available, supplemental pumps for fire protection will be required to serve the highest floors of the MOB; and e The MOB must be built to applicable fire codes. rol �Iisuai and Aesitlxetic �esaurce osed Project (MOB) will be limited within the Allentown In general, visibility of the p ro p existing development and tree cover. Although this will b the ne i g hb o rhood dui to e t of tallest structure along this area of Main Street, it is not out of chap Street parcel than a the area. The construction of the MOB is a better u s e of a M urban fabric of Main surface parking lot and aone -story building. This will add � Main Street. This will also create a gateway to the BNMC — North End, connecting Street to the BNMC Miti ation lamented to minimize the potential The following mitigation measures should be imp impacts'. Lig g h tin schemes for the buildings should follow best practices for in' and ng � light migration off of BNMC. Downward focused lights shall bee u tilize d; BNMC, � The building design should compliment the Mode neighborhood. while still being a respectful neighbor to the Alle Historic ArcheQla ical and Cultural Resources landmarks or districts. However, There is no view to the MOB from any of the the new location of the MOB will place. it across from the local Allentown Historic preservation District. Miti_�atiort icipated from the construction and No s i gn ificant adverse archeological impacts are ant operation of the MOB. if unanticipated archaeological finds are encou tats Hiuri g ite wil be halted and the New fork construction, work at that s Preservation Office will be called. While not adjacent to the NRHP district, the building will front along Main Street u�ldind face the eastern edge of a local district. Therefore, the style and design of the 7 should compliment the modern design of the BNMC, while being a respectful neighbor to the Allentown Historic District. No other mitigation is required. ToRograph_y_,_Geology, and Soil Geotechnical borings on -site confirmed that the soil is comprised of interbedded sands and silts. Groundwater is encountered at approximately 20 to 30 feet below ground surface. The MOB will be constructed adjacent to the ROW for the MetroRail tunnel that runs beneath Main Street and the foundation excavation depth is anticipated to exceed the depth of the MetroRail tunnel. The proposed location of the MOB is a site known to be contaminated with petroleum, This soil will be excavated and removed from the site in accordance with a remediation work plan meeting the requirements of the New York State Department of Environmental Conservation ( "NYSDEC "). Mitigation The following mitigation measures should be implemented to minimize the potential impacts: r All contaminated soils that are removed should be handled and disposed of according to NYSDEC and USEA regulations; e Vibration monitoring should be done in the Metro Rail tunnel during construction to monitor for impacts to the tunnel; and 0 Shoring of the excavated area will be required during construction to maintain wall integrity. Ait Quality The current estimate of energy needs for the MOB is 19.5 MMBtu/hr, requiring the burning of natural gas to heat the building. The final design of the building and systems will determine if a NYSDEC Air Permit or Air Registration is required for the building's heat plant. 8 Miti anon To mitigate potential impacts, the building will be designed and built with the goal of achieving LEED "gold" level certification; this enhanced. design will reduce heating the building's Beat plant. The Project needs which will minimize emissions from Sponsor will coordinate with the NYSDEC regarding air permitting or registration requirements. �c►lid Medical and Hazardous waste The P may increase the amount ©f solid, medical and hazardous wastes generated. Nlitiaation EIS, the following mitigation measures should be As established in the 2049 G implemented to minimize the potential impacts: All construction and operation waste should be disposed of in accordance with New York State Department of Health and New York State Department of Environmental Conservation regulations; Where feasible, large demolition debris such as brick, concrete and stew work should be segregated for potential reuse /recycling as crushed fill material; Where new facilities, such as those that may locate in the MOB operate independently, the facilities or their tenants, must implement their own disposal programs and comply with the existing state and federal disposal regulations. Ha�ardc►us and Canta►ninated Sites The construction at 1001 Main Street will require clean -up of the contamination at this site. To clean -up the site it will be necessary to excavate and remove from pr site the contaminated soil, remove contaminated groundwater and collect free p encountered in the excavation. Miti anon easures should be implemented to minimize the potential The following mitigation m impacts: 0 If contaminated soil and/or groundwater, waste, abandoned underground storage tanks and bedding are encountered during demolition and construction, the appropriate work plans or mitigation plans will be submitted to manage these materials in accordance with applicable NYSDEC, New York State Department of Health and local regulations; and All clean -up should be coordinated through the NYSDEC, and in accordance with local and state regulations. Constructi on Construction of the MOB may create additional traffic from workers and supply deliveries, temporarily increase noise levels, produce dust and require a City permit to discharge water to the sewer system. Mitigation As established in the 2009 GEIS, the following mitigation measures should be implemented to minimize the potential impacts: • To mitigate the potentially negative impacts from construction, a construction vehicle access plan should be created; • A street - specific traffic plan will be developed and provided to the construction and delivery companies which will illustrate the allowable means of access to the site; All construction workers will be directed to use designated routes of travel to access the sites and will be allowed to park in specifically identified parking areas for construction laborers; No parking of construction equipment should be allowed on residential streets; Best management practices should be used to mitigate noise and dust during construction. Dust monitoring may be required if requested by NYSDEC; In addition to coordination with public agencies and utilities, all related City and public agencies will be continually informed and updated on the construction schedule and any activity which is planned to occur on a public street; and rut Groundwater treatment on -site may be required prior to off site discharge in the City Sewer System. Discharge to the sanitary sewers will likely require a Temporary Industrial Discharge Permit. Project Construction and building operation staff will need to coordinate with the Buffalo Sewer Authority regarding requirements for discharge. 3.0 Revisions 3.1 Revision to Text No revisions to the text are required 3.2 Revisions to Figures No revisions to the figures is required II F � 4,0 Summary of Comments and Responses Medical Office Building Buffalo Niagara Medical Campus Summary of Comments Below is a summary of comments provided both during the public hearing and in writing. Where appropriate, comments have been summarized. When more than one commenter addressed the same issue the comment was summarized once and each commenter is noted. Full text of the comments is available in Appendix A. Comments submitted in writing are noted with (W) and comments submitted during the public hear are noted with (d). Corrmrnent 1 Ci of B�affala Pla�nln Board � Roughly how many employees will work in the building? Res anse; The estimated number of employees that will ultimately be employed at the Medical Office Building is unknown. It is dependent on the types of businesses that lease space which has not been finalized. The transportation and parking study was completed based on established standards that accounted for both worker and visitor demand The study estimated a demand of four parking spaces per 1, 000 square feet of medical office space. This was then reduced by 23% to account for employees and visitors that would arrive by transit or other ways. Additionally, the study estimated 25, 000 square feet of retail would have a demand of 17 vehicles, which was then reduced by 23% also. comment 2 Ci of Bnffala Planulru Board f) Does your estimated deficit of ninety parking spaces when the building is done take into account the parking spaces you're displacing by building the building, plus the net what You get with the underground parking? Res9nnse; The parking deficit calculated for the North End Area is 338 spaces. This deficit is not solely related to the construction of the Medical Office Building, rather it is associated with the all the developments evaluated as part of the BNMC - North End GEIS (2009), specifically the Global Vascular Institute (GYI), Skilled Nursing Facility (SNF) and the Multi -Modal Transportation Structure (MMTS). The 2009 DEIS calculated the parking deficit as 212 parking spaces therefore, the deficit directly related to the increased size of the MOB is 146 spaces. The ninety space deficit was in reference to the fact that much of 12 rf . the demand stated in the DSEIS is very conservative in calculating demand. In particular, the SNF was estimated to have a demand of 162 parking spaces. (210 minus a 23% mode share reduction). However Kaleida which has significant experience budding and operating nursing facilities is providing .75 on -site spaces, which they feel is sufficient to meet the demand for the SNE; Additionally, the potential inclusion of a third floor of parking as well as other adjustments to the demand creates a likely real world deficit of approximately 90 parking spaces. This would likely be the final deficit after all the buildings, including the MMTS, are completed. CQ 33• Ci of Bnffata Plannin Board fI Does the parking deficit include the demand from both visitors and the employees in the building? Response. Yes. The demand as stated in the DSEIS includes all parking needs for the facility. Comment 4• Ci of Buffai� Plannin Board D Will including another level of parking under the building eliminate the parking deficit? liter onse• As stated in response to Comment #2, the inclusion of an additional level of parking will not completely eliminate the parking deficit, but will help reduce it further, Comment 5 C "r of Bnffa�lo Plannln Beard Some of the estimated parking deficit is explained away by an overestimation of parking for the Skilled Nursing Facility; however, that is three blocks away. Resnnnse. The traffic and parking study prepared for the 2009 GEIS, as well as the 2010 SDEIS, evaluated the parking demand for all the projects being evaluated together, the GVI, S1VF, MOB and MMTS. Therefore, the overestimation of demand for the SNF affects the demand for the entire area. Additionally, because parking needs for the MOB will not be accommodated solely on -site, the evaluation of the supply and demand of parking in a larger area is entirely appropriate. 13 i Comiment 6 : City of Buffalo Planning Board O What is the length of the platform, both northbound and southbound for the rapid transit? Rey onset The final dimension of the pla form will be determined through coordination with the NFTA. However, the distance from the mezzanine level to a potential pavilion at Main and High Streets is estimated at 300 linear feet and the distance from the northbound platform to the potential pavilion is estimated at 160 linear feet. Comment 7: City of Buffalo Planning Bnarcl (�) Where do you plan to do construction staging? Response.• The final site for staging has not been determined. Two possible locations are the parking lot at 50 High, directly adjacent to the MOB site, or the surface parking lot across High Street to the south. Comment 8: David Baker , n I heard the building is a office building, medical office building and the lady mentioned patient drop off, is it out - patient only or is it actually going to be a hospital? Response: The MOB will include an outpatient facility, currently planned for the building is an outpatient surgical center affiliated with Kaleida Health and various doctor's offices. 14 f� l'' f 1- CITY OF BUFFALO PLANNING BOARD PUBLIC HEARING DECEMBER 6 1, 2010 P = Planning Board Chair — ,Tames Morrell C = Clerk F = Female R = Marc Rornanowski T = Tim Vaeth D = Denise Juron- Borgese K = Mark Colmerauer M = Frank Manuele B = David Baker P: The City Planning Board's regular meeting 1092, Tuesday, December 21, 2010, to order. Will you take the roll call please? C: Sure. Members present Swartz, Mr, Lyons, INAUDIBLE, P: OK, we have one set of minutes, 10 -12, everyone have an opportunity to review them? F: INAUDIBLE P. Forbes, Lyons, all in favor? INAUDIBLE communications will be taken up with the items. We move on to our first public hearing, 1001 Main Street, is there someone here in this item, please step forward. This public hearing notice of which was duly published in the Buffalo News on Saturday, December 11, 2010 is being conducted by the City Planning Board. The purpose of the public hearing is to permit the City .Planning Board to solicit comments on the draft supplemental environmental impact statement completed for the proposed medical office facility on the Buffalo Niagara Medical Campus and to determine whether the statement is in conformance with the provisions of, pursuant to Part 617 of Implementing Regulations pertaining to Article 8 of the Environmental Conservation Law. The City planning Board has no authority over matters other than those stated in Part 617 of the Implementing Regulations pertaining to Article 8, therefore any other matters are not being retained at this hearing. Location is 1001 Main Street, please state your name to bring us into the project. R: Good morning, Marc Romanowski, from Harter Secrest & Emery, I'm here on behalf of Ciminelli Real Estate. They are the applicant and sponsor of the proposed medical office building. As this Board is aware, we are here for a public hearing on the supplemental environmental impact statement, in fact, the draft supplemental environmental impact statement, that is, this is part of the public hearing and public comment process on that document. The reason is, we've spoken to in previous meetings, the reason we are doing this supplemental EIS in this particular case is because the medical office building which was originally part of a generic environmental impact statement for the entire Buffalo 6606151 Niagara Medical Campus, north end development,. has changed slightly from what was Originally proposed. The structure itself has gotten a little bit larger, the structure has moved also out to Main Street, and we felt for these two reasons, we felt it was appropriate to do a supplement EIS on the changes to the medical office building so it can analyze any impacts that we previously did not look.at as part of the GEIS process. As part of the, that applicants have submitted a draft supplement environmental impact statement, it was deemed complete by the Planning Board a couple of meetings ago, and now it's available publicly for review and comment. This public hearing is to get comments on those, on that supplemental EIS. To help people understand the project a little bit more, we've brought quite the project team here with us today. We have folks from Ciminelli, we also have folks from Kaledia Health who are going to be one of the major tenants of the facility, and representatives from the Buffalo Niagara Medical Campus. Without any really, further discussion at this point, I'd like to turn it over to Tim Vaeth from Ciminelli, who can give you a little bit of background on the purpose of the. building and uses of the building followed by Denise Juron- Borgese, who will get into some of the design elements as well. P: Marc, before you continue the presentation, is there anyone from the public that is here that would, may want to make some comments at some point tonight other than all of the project applicants and sponsors? INAUDIBLE T: It's more so than a formal presentation, it was really going to be questions and answers, that's why we brought so many people with us, but I think most everybody is familiar with the fact that we were originally located at 50 High Street, directly across the street from Buffalo General. This is Buffalo General, this was our original setting here, Buffalo General, and that was the original site. Why we're now is that we're moving. We're moving out to Main Street, 1001 Main Street. So we're sliding right out, we're still going to be taking the entice block from High Street to Goodrich, but we're also now facing Main Street, so we have a lot of design challenges that we didn't have before, we would've been with a very nice building here, but now we also know we have to integrate with the community and Main Street too, so we have to be pedestrian friendly and also take a look at our traffic. We are in the process still of talking to the NFTA about making a connection with the light rail station on Allen Street. We're also working with the BNMC on that in regards to our overall infrastructure and transportation plan INAUDIBLE in the overall campus. The building itself, we're going to go down, now we actually are using as a basis of design, we originally said two levels of parking below grade, we're now looking at three because of the soil conditions that are there, so we might be able to add another layer of parking below the building. Above grade, you can see it's seven stories. The biggest component is to be Kaledia who will be putting an ambulatory surgical unit on the third floor which is going to be roughly, give or take, 55,000; 50,000 square feet on the first floor or potentially the second floor, they're also going to have an imaging center and a blood draw. We're also talking to UB, UBMD and several other local medical groups. The building will have an ambulatory surgical built, it will be straight medical office, it will have clinical and they'll also have retail on the first floor, to support the building as well. I'll let Denise talk for a few seconds about 660615_1 2 of 10 i� � the actual design and how its INAUDIBLE the last couple months. We should also note that Glen Polowski is here from Kaleida too, so, INAUDIBLE he's the guy, not me, D: The project announces the medical campus on Main Street, the seven stories are situated by a glass curtain wall faeade and this palette of materials and the detailing is complementary to the architectural aesthetics as being a established on the campus by a new building and that it really reinforces that as well. You can sec a three -story volume on the corner of Main and Nigh, giving. prominence to that corner, marking primary patient location drop -off along Nigh Street providing some cover from the elements at that location. It will also offer a unique experience on the fifth floor where we will have a green roof and an open-air terrace with some wonderful views of the City. At night that element becomes a lantern INAUDIBLE office building as well as a beacon for the campus overall. This elevation with the view from Main and Goodrich shows other details which also work towards minimizing the massing of the building. Here you see another volume which has a detail of a reveal at the corner, a lot of the activity within the building will be able to be viewed from the outside, really activating this corner. We also have at the Main. Street entry a multi -story atrium which will maximize day lighting during the day and that is one of many elements that will be important to the design and support of our goal of LEER certification. At night, that multi -story atrium becomes an illuminated architectural feature. T: One other thing we should note is we mentioned making connections to the campus, we're also going to have a physical connections to our surrounding facilities. On this board here, F: Tim, is there a difference between those two boards? D: One shows a third floor footprint which shows maximum coverage because the building sets and juts out and the shows the INAUDIBLE. T: We show a connection right here between our building and Buffalo General spanning the length of this, the parking lot, going from here to here, we're also now trying to take a look at so we don't impede any future development here, making a shorter connection to the parking ramp across the street and another connection from the parking ramp to the, to Buffalo General, so, instead of the Iong length like this, we're also looking at snaking a short one like this and as short one here, that would be something a little down the road we could decide that INAUDIBLE ?: So, initially you're talking about that configuration? T: Initially, yes, a straight shot and that is ... ?: ... and that's uncovered, it's just the, a walkway? T, No, it would be an elevated, it would be coming from the second floor going into. . ?; ,INAUDIBLE 660615_1 3 of 10 T: ... the ground floor, technically ... ?: It's a tube. T: Yes. ?: Okay, very good. T: So, we may be able to shorten it up and make shorter connections like that. So, we'll take a look at that too. So, other than that . . R: And that's something we're going to address during the design phase when we come back with detailed site plans as part of the site plan application. So, but that's, we need to make a connection and it's one. of the key elements. of this building, linking itself to the rest of the facilities on the campus. How that connection Works out is something we're going to work with, with our partners and with the Planning Board to get there. In addition, we also have Mark Colmerauer here from American Consulting. Mark helped prepare the supplemental environmental impact statement. Mark's just going to speak very briefly about the couple of elements that we looked at, one being the change in traffic and then also the change in parking arrangements and what's going on in the campus in that regard. K: One of the things that, one of the, I guess major things that would have changed by moving it to Main Street and increasing the size, was the we had to re-evaluate the traffic studies that we had done for the original EIS. If you recall., the traffic studies in the original EIS looked at all of the developments of the, this skilled nursing facility, the multi -modal transportation facility, the GVI, and the MOB. So, the only thing we had to change in the elevation was moving the facility to Main Street and also adding additional traffic counts because of the increased size, floor plate. What we found is there was some minimal impacts related to that change. Most of those impacts, you'll see in the EIS were related to just some signal timing that would have to be changed depending on where the final traffic counts really end up after the facility is built out. The other issue we had. to look at was parking because we are adding floors, obviously there could be additional parking demands. So, we did look at that as well and we looked at that on a very conservative end, So you'll see in the assessment that when we looked at the parking issues we did have a deficit, an increase in the deficit, however, one of the things that is being explored is possibly adding a floor of parking, we're not sure where that goes yet, but if that does, we may, that would account•for some additional coverage on the parking deficit, but one of the more specific things on the parking deficit is that this part of the standards for the parking evaluation, we really over counted the parking demands needed for the skilled nursing facility. So, when you look at that deficit, we over estimate on the skilled nursing facility by past experience with Kaleida, they say that they don't need those, that amount of parking availability, so, we actually, we add about seventy -five spaces because of that, So, it's really ends up being a minor change about ninety parking spaces in the deficit in the original, and that should be expected when you're starting to develop out the campus. We're hoping that that additional change really is going to be picked up by the use of the transit system and, of course, would be encouraged if you can 660615_1 4 of 10 make the connection directly to the transit station, but even if not, it's only a block away, So, we feel that by moving it to Main Street, that encourages more use of the transit facility, so, it's really a minor impact in our view. F: So, Mark, what's the estimate of the occupancy of this building? How many employees are going to be in it? Roughly? R: Tim, I'll let you answer, I don't know if we have solid numbers yet on total employees at this point in time, What we did when, from the traffic. impact studies, we assumed that they were all medical offices which has a very high demand for parking "and traffic. So we used that to build our traffic and parking studies. So, ultimately, that mix is likely to drop the demand but for purposes of the study, we went to the high side. F: And what was the high side? K: You know what, I can figure out what the number was. T: I was going to say exactly what Mark said. We always go to the high end, whatever that number is, the highest, most intense use, and everything below that is INAUDIBLE down there and anything else will actually lessen the impact. So, I can get you the number, I don't have it off-hand, F: So, you're estimated deficit of ninety parking spaces when the building is done takes into account the parking spaces you're displacing by building the building, plus the net what you get with the underground parking? K: That's correct. T: Yeah, that's correct. F: And that theoretically accommodates both visitors and the employees in the building? M: Yes, twelve to fifteen hundred max. T: So that the extra level of parking underneath will eliminate that deficit. M: Well it helps reduce it doesn't completely ... ?: INAUDIBLE M: .. , it doesn't completely eliminate it. INAUDIBLE T: You still end up with a deficit. Also, we feel that we have been over count on the demand for the skilled nursing facility. When you take that out, that gets us closer to the ninety spaces. K: That's three blocks away. 660615_1 5 of 10 P: I was thinking of that but you, we have to look at this as a whole campus because these building, these footprints are built down. It's going to be a walkable community, so those three blocks, you know, walking from, you know, one and Michigan over to Main Street, it is not going to be life it is now because you're going to have activity. You're going to have these tubes as Frank indicated INAUDIBLE, '?: INAUDIBLE M: While we're talking about it, the question that comes to mind is, and I should know it, but, I don't remember what is the length of the platform, both northbound and southbound for the rapid transit? T: Actually, that's one of our challenges right now. M: You mentioned .it before, I want you to sort of.. , T: I don't know the exact length, but it does end for the northbound on High Street. So, it comes to here. The problem is southbound coming from the other way, they'll have to get off on the other side of the tracks, come over the mezzanine, down and around. You also got more challenges here with the existing utilities and the elevation of those utilities running up and down Main Street. M: Well, it should give you guys something to think about then. T: Oh, we're thinking about it. It is a challenge. M: As I reiterated, I may be the curmudgeon in the Board but what I really want to see that system, what you're developing hooked up in some manner to the transit, it's a big investment in that, if we can make that work. INAUDIBLE INAUDIBLE T: INAUDIBLE as well, and then working with them, whatever happens with that existing station, we actually met with NFTA and Denise at the last meeting, we talked about the NFTA about other alternatives about even bringing a connection up to Washington Street and through Washington, it might be Iess problematic and less challenging with utilities and everything that is here, M: Is this what you've had as a INAUDIBLE INAUDIBLE T: Where we're looking at it and several different options. M: I think you know where I'm coming from, .. . T: Absolutely, 660615_1 6 of 10 M: ... where the Board ... T: Absolutely, And, Frank, at your request, we did look at the corridor planning studies you may have seen that in EIS ... M: I saw a reference to it, I don't know ... M: What we looked at is that those studies looked at, you know, master planning along the corridor of the transit system for this area, interestingly enough, the two key areas they focused on what they would hope and they were proposing an overlay district and what they would hope would happen in this area was residential and medical offices. So, this fits right in with that original goal. ,INAUDIBLE R: Yes, M So, like I said, that's an opportunity that I would not like to see overlooked. R: Frank, those discussions are continuing with the NFTA. F: I haven't heard anything from the NFTA P: Those discussions, the applicants are working with the engineering team and NFTA to move those efforts along but as the applicant indicated, there are some challenges because that particular station is covered, I mean, it sits very high, close to Main Street, if you notice, this is not that far down so, for utilities and the location of the above ground utilities as well as the below ground utilities, are challenges, but I think that I echo your effort in terms of making that connection which enhances the entire development. INAUDIBLE F: There are also some interesting water issues at that particular station during construction, it's a mini Niagara Falls corning through. INAUDIBLE R: There's some springs in there ... INAUDIBLE R: ... well we have that INAUDIBLE the waterfront and we overcame that kind of nicely. T: The other concern on this issue is that there are continuing discussions with the University to develop rail only pass with the University for individuals that are traveling back and forth and discussions are continuing with the Buffalo Niagara Medical Campus to develop some other form, so, I agree that the number and the, you know, you increase that parking, you know, number a little high, raised it up, that may be less than with individuals using the rail and parking at the south campus and parking at the south 660615_1 station. This is also going to be a LEER certified building, It's already registered and we've targeted both. One of the components of that is making connections to the exiting structure and trying to, not only make the connections to like the light rail or something like that, but it also promotes bicycle traffic, changing rooms in the building. There's going to be separate parking or preferred parking for car pools for low emission vehicles, and those kinds of things. So, all of those components are factored in as well, so it's going to be the intent of the building to drive up that ear sharing, car pool lane, taking the light rail., riding your bike, walking, whatever it is and try to minimize the impact of single user auto traffic. ?: This is a tight site, where do you plan to do construction staging? T: We're working with Kaleida on this. What we're looking at is roughly a hundred feet off the back: end of this. Right now this is surface parking on the lot, we're also actually working once again with Mike with BNMC with this parcel directly to the south, which is also, there is a hank on the corner here, but it's also a surface parking lot too, so we would probably have construction trailers here and construction staging and truck traffic coming through here. I think it's in the document where we're going to, we've looked at the traffic plans during construction where we would actually bring it up Washington, try to make it as compact as possible and not come winding through the entire campus but come up delivery and then back and then out and 33 would be the main point of obviously traffic corning in and out. R: That's that same as we had in the original GEIS was, we were looking at the 33 and Main and Ellicott being the main, kind of the main corridors for construction traffic. I': Okay, there was a gentlemen in the audience, did you have any questions at this point? B: Yeah, I'm David Baker, a Buffalo resident ... F: Mr. Baker, could you come up so that we can get you on the record? INAUDIBLE TALKING B: Yeah, I heard the building is a office building, medical office building and the lady mentioned patient drop off, is it out - patient only or is it actually going to be a hospital ... F: Out only. B: ... out patient only, so it's simply a, okay, that's my question. Thank you. P: Thank you. Is, are you guys finished with your presentation? R: Unless you have any other questions. P: Is there anyone else to be heard on this item? Hearing none, motion to close the hearing? INAUDIBLE, all in favor? Okay, that's all we need to do for today, and the public 660615_1 8 of 10 comment period is open through the 7 1h of January, so we have a little bit of time for written comments to come in. Now, do we close the hearing? P: We can't close the hearing. R: "You're closing the hearing, but the public comment period remains open. That's a question I have, now this is on the City's web site R: This is at the City of Buffalo Public Library at the Buffalo Niagara Medical Campus entity as well. There are had copies here in addition to the electronic copy available on the website which is the same as we did in the GEIS process. So, there are numerous copies. P: The public will have another opportunity for the site plan review. R: Absolutely. When we come back to you with design issues, which we're really going to get into the details of the some of things we talked about this morning, there will be a public hearing at that point and time on that as well. That's been the general preference of the Board is that they hold another public hearing at that point. F: If the applicants committed to three floors of parking we should make a correction to the posting on the website. T: We don't know if we are committed, it will be a comment in the FEIS as something we're taking about. There's a lot of factors that play on the, on whether we can even go that deep, certainly the tunnel being part of the consideration we need to evaluate. R: The design, that's corning back. INAUDIBLE TALKING R: YeA So right now we .. . Public comment ... ?: INAUDIBLE R: Yeah, we'll come back and we'll make design comments when we get there. F: We're going to wait until September. R: Yeah. 6606!5_1 9 of 10 P: There was one communication resident in Tonawanda that basically agrees with this effort and suggesting rapid approval for this plan, Mr. Richard Pietsall, so make sure that that's part of the record. Other than that, thank you and we'll see you ... R: Probably in about a month or so, thereabouts, we'll have to complete the once the public comment period is closed, then we'll begin drafting a final environmental impact statement for your consideration and then that'll be the next step. So, probably some time in mid - January would be my guess. P: And if any comments do come in other than where they should be coming in, you're going to forward them. R: Absolutely. We haven't received any and the only comments we've seen on it quite frankly, have been on Buffalo Rising. so ... P: How are the public hearings going on in the community. R: We're going to do that when we, we'll do the neighborhood meeting before we come in with the site work shortly after we come in with the site plan application but before your public hearing, we'll have a neighborhood meeting as we've done with the other buildings. We just want to make sure we're firm on our design plans before we do that neighborhood meeting. P: Okay, R: Alright, P: Thank you. R: Great, thank you very much. INAUDIBLE TALKING P: Motion to table the INAUDIBLE all in favor? That's what I was getting at, what's that next faction after closing the hearing. INAUDIBLE P: Well, we'll receive it. INAUDIBLE The question is that the comments that we are going to be soliciting INAUDIBLE will be covered in the INAUDIBLE INAUDIBLE 660615_1 10 of 10 FROM THE OFFICE OF STRATEGIC PLANNING 0000 I # 1 (Rev. 1/93) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 23, 2011 FROM: DEPARTMENT: Strategic Planning. DIVISION: Community Planning SUBJECT: Permission to change the City of Buffalo's status with respect to the State Assistance Contract for the South Buffalo Brownfield Opportunity Area Step 3 Implementation Strategy from Lead Contractor to Non -Lead Contractor, allowing the Buffalo Urban Development.Corporation to assume Lead Contractor status. PRIOR COUNCIL REFERENCES: 6/21/04 (No. 131); 5/16/06 (No. 124),7/7/09 (No. 2), 4/19/11 (No. 9) TEXT: (TYPE SINGLE SPACE BELOW) The City of Buffalo, in partnership with the Buffalo Urban Development Corporation (BUDC), applied for and received a grant award for $1,458,000 through the BOA Program to prepare a Step 3 Implementation Strategy for the South Buffalo BOA. The.Office of Strategic Planning previously sought and received permission from this Honorable Body to designate the Buffalo Urban Development Corporation ( "BUDC ") as lead contractor for the South Buffalo Step 3 BOA Implementation Strategy. The New York State Department of State subsequently asked the City to: ® Determine that the South Buffalo Step 3 BOA Implementation Strategy (sometimes hereafter referred to as the Project ") is desirable. ® Recognize that §970 -r of the General Municipal Law authorizes State assistance to eligible parties for BOA Program grants by means of a State Assistance Contract. Recognize that the City of Buffalo determined that it is in the public interest and benefit under §970ar of the General Municipal Law to enter into a State Assistance Contract to conduct a Step 3 Implementation Strategy for the South Buffalo BOA. Furthermore, the NYSDOS requires a more particularized and multipart approving item. The City of Buffalo remains strongly committed to this important project and will continue to participate in the South Buffalo BOA Step 3 initiatives and will play a prominent role in guiding the completion of the overall Step 3 Implementation Strategy. The BUDC will coordinate closely with the City of Buffalo Office of Strategic Planning (OSP) on all Step 3 projects that it is directing. 4 Specific coordination activities that will take place between the BUDC and City of Buffalo OSP include: 1. OSP will participate in the consultant selection committee for each Step 3 project. 2. OSP will participate in the Advisory Committee for each Step 3 project. 3. OSP will participate in public meetings for each Step 3 project. 4. BUDC will provide monthly memos to OSP regarding project status, agreed timeframes, etc. 5. OSP and BUDC staff will meet monthly to review the status of the overall Step 3 Implementation Strategy contract. Accordingly, I am requesting that your Honorable Body: 1. Ratify and approve all prior actions and steps not inconsistent with this item taken by the City in connection with the Project and the NYSDOS grant funding. 2. Authorize the City of Buffalo to execute the State Assistance Contract as the Non -Lead Contractor (with the Buffalo Urban Development Corporation to execute the State Assistance Contract as the Lead Contractor). 3. Authorize the Mayor and Executive Director of the Office of Strategic Planning as the representatives authorized to act in behalf of the City of Buffalo in all matters related to the contract under §970 -r of the General Municipal Law for the Project; 4. Authorize the City of Buffalo to hereby agree that it will complete the Project in conjunction with the Buffalo Urban Development Corporation; 5. To agree that the Buffalo Urban Development Corporation and its designated authorized representative is the Fiscal Administrator for the State Assistance Contract in accordance with Appendix B of the contract; 6. Authorize the City of Buffalo to enter into a separate contract with the Buffalo Urban Development Corporation for the purpose of agreeing to project management responsibilities for certain Step 3 BOA Project activities; and 7. Agree hereby that this Authorization take effect immediately. TYPE DEPARTMENT HEAD NAME: Brendan R. Mehaffy, Esq. TYPE TITLE: EXECUTIVE DIRECTOR OF OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: # t. 1 1 , - s Mr. Fontana: moved That the above communication from the, Office of Strategic Planning dated .Tune 23, 2011, be received and filed; and The Common Council hereby does: 1. ratify and approve all prior actions and steps not inconsistent with the above item taken by the City in connection with the project and the NYSDOS grant funding. 2. Authorize the City of Buffalo to execute the Mate Assistance Contract as the None Lead Contractor (with the Buffalo Urban Development Corporation to execute the State Assistance Contract as the Lead Contractor). 3. Authorize the Mayor and Executive Director of the Office of Strategic Planning as the representatives authorized to act on behalf of the City of Buffalo in all matters related to the contract under §970 -r of the General Municipal Law for the project. 4. Authorize the City of Buffalo to hereby agree that it will complete the Project in conjunction with the Buffalo Urban Development Corporation, 5. To agree that the Buffalo Urban Development Corporation and its designated, authorized representative is the Fiscal Administrator for the Mate Assistance Contract in accordance with Appendix B of the contract. b. Authorize the City of Buffalo to enter into a separate contract with the Buffalo Urban Development Corporation for the purpose of agreeing to the project, 7. Agree and hereby ratify that this Authorization tape effect immediately. Passed 11 TAB; v FO 'ANA FRANCZYK GOLOMEK * KEARNS * LOCURTO PRIODGEN x RIVES x RUSSELL STS Maj - 5 2/3- b X 3/4- 7 0 01 0 r #2 (Rev. 1/93) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 21, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 56 Empire, 33' E Goodyear Lot Size: 32'x 100' Assessed Valuation: $1,500.00 58 Empire, 65' E Goodyear Lot Size: 32'x 100' Assessed Valuation: $1,500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ronald J. Jones and Mrs. Amy B. Jones, 85 Goodyear Avenue, Buffalo, New York 14212 to purchase the above referenced properties. Mr. and Mrs. Jones own and reside at 85 Goodyear, which is adjacent to 56 and 58 Empire. They intend to use the vacant lots for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Two Cents (.42) to Fifty Two Cents ($.52), per square foot. Mr. and Mrs. Jones have agreed and are prepared to pay Three Thousand Dollars ($3,000.00), Fifty Cents ($.50) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 56 and 58 Empire to Mr. and Mrs. Jones in the amount of Three Thousand Dollars ($3,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: JPH:ck Repsalemorethanl lotsempire /forms .JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING 3 1 �i Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated .Tune 21, 2011, be received and filed; and That the request for the purchase of 56 and 5 8 Empire for Three Thousand Dollars ($3,000.00) fiom Mr. Ronald J. Jones and Mrs. Array B. Jones, residing at 85 Goodyear Avenue, Buffalos, NY 14212 for additional green space, is hereby approved, provided that the purchasers also pay the cost of the transfer tax and recording fees. That the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed. 5 TAB:nnv t :4Nvp60tdiisword4mivl50- 2$a.doc k * AYE * NO * 0 Q #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 21, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 604 North Division, 220'W Grosvenor Lot Size: 30'x 128' Assessed Valuation $1,900.00 610 North Division, Lot Size: 30'x 128' Assessed Valuation 616 North Division, Lot Size: 30'x 128' Assessed Valuation (Fillmore District) 160'W Grosvenor $1,900.00 100'W Grosvenor $1,900.00 The Office of Strategic Planning, Division of Real Estate has received a request from Harvest House, Ms. Linda Tatu, 1782 Seneca Street, Buffalo, New York 14210 to purchase 604, 610 and 616 North Division. Harvest House owns properties in the surrounding area and intends to use the subject properties for future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Harvest House commissioned Amy Duggan - Moore, real estate appraiser, of Northeastern Appraisal Associates to estimate the fair market value of the subject properties. She has estimated the Fair Market Value to be Four Thousand Five Hundred Dollars ($4,500.00), Forty Cents ($.40) per square foot for the subject properties. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Ms. Tatu on behalf of Harvest House has agreed and is prepared to pay Four Thousand Five Hundred Dollars ($4,500.00), Forty Cents ($.40) per square foot. They have also agreed to pay for the cost of the transfer tax and recording fees. L >� Page 2 Report of Sale 604, 610 & 616 North Division I am recommending that Your Honorable Body approve the sale of 604, 610 and 616 North Division to Harvest House in the amount of Four Thousand Five Hundred Dollars ($4,500.00). l am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. li 1 f ; JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD JPH:ck Repsalemorethanl lotsndivisionlre i� Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 21, 2011, be received and filed, and That the request for the purchase of 604, 610 and 616 North Division for Four Thousand and Five Hundred. Dollars ($4,500.00) from Harvest House, Ms. Linda Tatu, 1782 Seneca Street, Buffalo, NY 14210 for future development, is hereby approved provided that the purchaser also pays the cost of the transfer tax and recording fees. That the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed. RI rare miv I'Lwp601nlswordirmv16c6- 28a.doo t A AY NO FONTANA FRANCZYK h GOLOE KEARNS LOGURTO PRIDGEN VERA RUSSELL s Ma j 6 5 213- 6o 3/4- 7 0 00` #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 21, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 694 Northumberland, 439.08'S Kensington Lot Size: 30'x 125' Assessed Valuation Land: $3,700.00 Improvement: $34,000.00 Total: $37,700.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Marco Rossi, 7800 Woodbine Avenue PH, Markham, Ontario L3R 2N7 to purchase 694 Northumberland. Mr. Rossi intends to renovate the dwelling and use as a rental income property. The estimated cost of renovation is Twenty Thousand Dollars ($20,000.00). He has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,260 square feet, one and one half story frame, single family dwelling in poor condition situated on a lot 30'x 125'. The property was acquired by the City through In Rem #39 in October 2008. There have been no serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services, Division of Collections and Mayors Anti Flipping Task Force has no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Four Dollars and Fifty Cents ($4.50) to Twenty Eight Dollars and Fifty Cents ($28.50), per square foot of living area. Mr. Rossi has agreed and is prepared to pay Eight Thousand Dollars ($8,000.00), Six Dollars and Fifty Cents ($6.50) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 694 Northumberland to Mr. Marco Rossi in the amount of Eight Thousand Dollars ($8,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck w _ Repsale694nor(humberland foan REFERRED TO THE COM JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFIr,E"b�ISTRATEGtC'IaNNING 0000.9 . #1 (Rev. 1103) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: June 21, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 1566 South Park, 75'S Good Lot Size: 36'x 120' Assessed Valuation: $4,300.00 (South District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Donald P. Smukall, 1561 South Park Avenue, Buffalo, New York 14220 to purchase 1566 South Park Avenue. Mr. Smukall owns and resides at 1581 South Park, and also owns properties in the surrounding area, gamely an auto body and tire shop at 1573 South Park, a downtown row type building at 1575 South Park, and a one story small structure at 1570 South Park. He intends to use 1566 South Park for parking for his business at 1570 South Park. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Five Cents ($.65) to One Dollar and Twenty Five Cents ($1.25), per square foot. Mr. Smukall has agreed and is prepared to pay Three Thousand Eight Hundred Dollars ($3,800:00), Eighty hive Cents ($.85) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 1566 South Park to Mr. Donald Smukall in the amount of Three Thousand Eight Hundred Dollars ($3,800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsalel 566southpark/form JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICESTRATEGIC PLANNING A Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated .tune 21, 2011, be received and filed; and That the request for the purchase of 1566 South Park Avenue for Three Thousand and Eight Hundred Dollars ($3,800.0.0) from Mr. Donald P. Smukall, residing at 1581 South Park Avenue, Buffalo, NY 14220 for parking for his business at 1570 South Park, is approved, provided that the purchaser also pay the cost of the transfer tax and recording fees. That the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed. `CAB:rmv [ :iEVl)601mswordlrmvt8c6- 28a.doo *AYE *NO* 00,010 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL. DATE: June 21, 2011 FROM. DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 35 Tenth, 263.50' SE Virginia Lot Size: 25' x 95' Assessed Valuation: $3,700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Tiffany Durilla, 37 Tenth Street, Buffalo, New York 14201 to purchase 35 Tenth Street. Ms. Durilla owns.and resides at 37 Tenth Street, which is adjacent to 35 Tenth Street. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar and Fifty Cents ($1.50), per square foot. Ms. Durilla has agreed and is prepared to pay Two Thousand Four Hundred Dollars ($2,400.00), One Dollar ($1.00) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 35 Tenth to Ms. Tiffany Durilla in the amount of Two Thousand Four Hundred Dollars ($2,400.00). am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF S_TRATEGICiPLAN RepsaleMtenthlre Mr. Fontana moved: That the above communication from the Office of ,Strategic Planning. dated June 21, 201.1, be received and fled; and That the request for the purchase of 35 Tenth Street for Two Thousand and Four Hundred Dollars ($2,400:00) from Ms. Tiffany Durilla, residing at 37 Tenth Street, Buffalo, NY 14201 for additional green space, is hereby approved, provided that the purchaser also pays the cost of'the transfer tax and recording fees. That the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and that the Mayor is authorized to execute the same. Passed. 9. 7'AB:rmv t wp60UnswordWmv%9c6- 29a_doc * AYE *NO* * FONTANA * FRANCZYK * x GOLO1f"9.J. EK * SL' Ye KEARNS ' L VC® RTO PRIDGEN 'SiG �� g$ ��''g} ��(( RIV 'SC RUSSELL 7K S MITH �Y 7�t Ri 7'i M 5 2/3 66 314 7 # 2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION.TO THE COMMON COUNCIL TO. THE COMMON COUNCIL. DATE 17, 2011 FROM . DEPARTMENT DIVISION SUBJECT Strategic Planning Real Estate Sale of Former School No, 36 Located at 40 Days Park to Elmwood village Charter School Effievtl District ul PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 66, C.C.P. 5112/09, Item No. 6, C.C.P. 7/7/2009, Item No. 14, C.C.P. 3/16/2010 and Item No. 88, C.C.P. 10/1912010 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body previously authorized the abandonment and sale of the former School No. 36 located at 40 Days Park to the Elmwood Village Charter School (EVCS), Item No. 14, C.C.P. 3/16/2010. Litigation was commenced by a non -party private sector individual (Samuel J. Savarino) which resulted in a Court Order annulling the Common Council authorization for the sale. The Court Order prescribed certain administrative steps to be taken in order to proceed with a sale under circumstances similar to those now at hand. In Item No. 88, C.C.P. 10/19/2010 the Common Council authorized: an independent real property appraisal of the property; that interested parties have the opportunity to provide their appraisals for consideration; and specified that the property be sold subject to certain terms and conditions. The Office of Strategic Planning, commissioned Real Estate Appraiser Mr. John Zukowski, MAI of Emminger, Newton Pigeon & Magyar, Inc. to estimate the fair market value of 40 Days Park, former School No. 36. Mr. Zukowski submitted his report estimatin the fair market value of 40 Days Park to be Five Hundred Fifty Thousand Dollars (9550,000.00). The appraisal report was submitted to the City of Buffalo Appraisal Review Board for review. The Appraisal Review Board's recommendation was forwarded to Your Honorable Body, Item No. 5, C.C.P. 5/17/11 and approved. The Office of Strategic Planning, forwarded offers to three parties that expressed an interest in acquiring School No. 36. The terms of the sale as contained in the purchaser offer sale agreement were as follows: A. "As -Is" Sale Price of $550,000 — (to the extent that City is compelled to expend funds pre - closing as to building /environmental matters, there shall be a dollar for dollar price increase over the $550,000 — with City's right to increase) i FORM #2 — Page #2 TEXT CONTINUATION RE: Sale of Former School No. 36 June 17, 2011 B. Purchaser to give City (and City School District) full Release and Indemnity regarding the property and environmental condition ® absent such release and indemnity, the City could remain liable after the sale closing for environmental matters. at the property, it being specifically noted that there is a 53 year old underground heating oil storage tank on .the property that was used to heat the former School 36 building. C. Contingency deadline for Purchaser's due diligence property review expires September 16, 2011. D. The deed shall contain a reversion provision which provides the property ownership will revert to the City (in City's sole discretion) in the event the property is not continuously used as an active school for the next 50 consecutive years (with breaks in said school use of no more than 6 consecutive months at any given time during said 50 year period). D. Closing must occur by October 26, 2011 E. Subject to Common Council and BFSA approvals Two offers with signed purchase agreements were received. The first offer is from Elmwood Village Charter School in the amount of Five Hundred Fifty Thousand Dollars ($550,000.00). Their purchase agreement is signed and required deposit received. The second offer is from Samuel J. Savarino in the amount of Eight Hundred Thousand Dollars ($800,000.00). Purchase agreement is signed and required deposit received. In addition, Mr. Savarino has submitted a recent real estate appraisal estimating the value of the school at Seven Hundred Twenty -Five Thousand Dollars ($725,000.00). It should be noted that this appraisal was not submitted by the date requested by the City in order for it to be reviewed by the City of Buffalo Appraisal Review Board or prior to the Council's acceptance of the Appraisal Review Board's report and approval of the $550,000 value of the property. While there is a significant difference in the purchase price offered by the two interested parties, the Office of Strategic Planning is recommending the sale of School No. 36 to the Elmwood Village Charter School in the amount of Five Hundred Fifty Thousand Dollars ($550,000.00). 1 recognized the price to be received by the City is an important consideration; however, the Office of Strategic Planning considers many factors in formulating its recommendations to the Common Council. These factors include proposed use of the property, financial ability of the purchaser to acquire and maintain the property, experience of the purchaser, neighborhood support for the type of development or proposed use of the property, the track record of EVCS as an Office's opinion that the offer from EVCS is more socially beneficial, as demonstrated by its submission in support of purchase dated May 18, 2011. FORM #2 — Page #3 TEXT CONTINUATION RE: Sale of Former School No. 30 June 17, 2091 I am further recommending, should Your Honorable Body approve the sale to the Elmwood Village Charter School, that the Corporation Counsel prepare the necessary documents for the sale and transfer of the property and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: >^ F � Creso(neg44daysparkschW REFERRED TO THE C OMM 1 1TEE ON COMM UNITY DEVELOPMENT. FROM THE COMPTROLLER ,tune 28, 2011 000x.2 #2 (Rev, 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL, TO: THE COMMON COUNCIL FROM DEPARTMENT: DIVISION: DATE: July 01, 2011 AUDIT & CONTROL ACCOUNTING SUBJECT: CAPITAL DEBT SERVICE FUND } DEPOSITS - 2011/2012 FISCAL YEAR PRIOR COUNCIL REFERENCE: (IF ANY) { TEXT: TYPE SINGLE SPACE BELO Certificate Number 1 -11112 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1. 2011 and ending June 30, 2012 I, Darby Fishkin, Deputy Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." Duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: L The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2011 and ending June 30, 2012 is $54,186,144. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2011 through and including November 30, 2011), is $22,773,712. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2011 through and including June 30, 2012), is $31,412,432. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2011 and ending December 31, 2011 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Serial Bond $ 607,081 Aug. 1,2011 Serial Bond 932,091 Aug. 1,2011 Serial Bond 2,366,717 Aug. 15, 2011 Serial Bond 10,500 Sept. 30, 2011 Serial Bond 1,035,469 Sept. 30, 2011 Serial Bond 7,422,857 Nov. 15, 2011 Serial Bond 978,023 Dec. 1, 2011 Serial Bond 1,753,138 Dec. 1, 2011 Serial Bond 5,061,161 Dec. 1, 2011 Serial Bond 2,606,675 Dec. 15, 2011 Vi--1 Place Due Deutsche Bank, New York, New York M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York BNY, Newark, NJ M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York Deutsche Bank, New York, New York HSBC, New York, New York M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York ##2 - PAGE #2 (Rev. 1193) TEXT CONTINUATION: (TYPE SINGLE SPACE BELO)n 5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2011 is $17,438,580. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2012, and ending June 30, 2012, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $1:3,220,677 Jan. 13, 2012 M &T Trust, Buffalo, New York Serial Bond 2,208,081 Feb. 1, 2012 Deutsche Bank, New York., New York Serial Bond 7,387,091 Feb. 1, 2012. M &T Trust, Buffalo, New York Serial Bond 135,500 Mar, 30, 2012 BNY, Newark, NJ Serial Bond 3,705,469 Mar. 30, 2012 M &T Trust, Buffalo, New York Serial Bond 1,072,918 May 14, 2012 M &T Trust, Buffalo, New York Serial Bond 302,783 June 1, 2012 Deutsche Bank, New York, New York Serial Bond 202,156 June 1, 2012 HSBC, New York, New York Serial Bond 971,237 June 1, 2012 M &T Trust, Buffalo, New York Est.Serial Bonds 2,206,520 NA NA- Pending July Bond Sale $81,412,432 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2011 is $25,591,571, 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1 -11 -12 to the Director of Treasury and to Bank of America, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 27th Day of June, 2011. TYPE DEPARTMENT HEAD NAME Darbv Fishkin TYPE TI SIGNATURE OF DEPARTMEN'l Annual Debt CC letter 11112 I SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 27, 2011 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT. [: Interfund Cash Loan PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. C.C.P. xx /xxlxx) Certain Fedeal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $1,3 00,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3187 - Restore NY Phase 3 Grant Title: Buffalo - RESTORE III - Neighborhood Revitalization ##W839 GRANT AGENCY: Empire State Development Corporation GRANT AMOUNT: $7,635,526.00 LOAN AMOUNT: Maximum of $1,300,000.00 Estimated Date of Repayment: June 30, 2012 Signature of Department Head Requesting Interfund Cash Loan Ames Comerford, ConTmissioner of Economic Dev, Permit & Inspection Services Brenda ehaffy, Executive direct r, Office of Strategic Planning Ja et P nksa, ommissioner of Admi ., Finance, PolicY & Urban Affairs SIGNATURE DEPARTMENT HEAD TITLE: Depu y Co trot{ r 6arby R. Eishkin ' i s A u 2/3s6 3/4- 7 29, oell , fie IVY P AYIE NO FONT ANA FRAN X ..v.. GOLOM K E S L OC T® 7ti do PRED GEN RIVERA §C !� RUSSELL S NHM 3F1 7C 2/3s6 3/4- 7 29, oell , fie IVY P FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS June 28, 2011 i SINGLE PAGE COMMUNICATION TO THE COMM COUNCIL TO: THE COMMON COUNCIL: DATE: 06/09/11 FROM: DEPARTMENT: Management Information Systems SUBJECT: [:Request for approval of 3 year service contract with Time Warner [:for data service to the fire houses. The existing data service is [:through Verizon and the existing contract expires in August 2011 PRIOR COUNCIL REFERENCE: (IF ANY) Ex, Item No. xxx C.C.P. xx/xx /xx Currently city has a contract with Verizon for MPLS data service to all fire houses and Police Districts. The contract was signed in 2006 and expires in Aug. 2011. Each data circuit is for 1.5 MB and costs city $693 per month plus surcharges. We received quotes from Verizon, Paetec and Time warner for replacement circuits. The offer from Time warner was the best offer. It provides 33% more bandwidth (2 MB) at $232 per month, It will save city about 10K per month. SIGNATURE � a , DEPARTMENT HEAD TITLE: Raj Mehta, Director 0 TI TS AGREEMENT AMENDMENT WITH INDEMNITY AND INSURANCE DIRER is attached to that certain proposal (the "Agreement ") from Time Warner Cable ( "TWC ") to The City of Buffalo (the "City" ). 1. TWC hereby indemnifies the City and agrees to defend and hold the City harmless from and against all liability arising out of the work and services provided to the City by TWC. Said services are described in the Agreement to which this Rider is attached. 2. Notwithstanding anything contained in the Agreement which could be construed to the contrary, the laws of the State of New York shall apply to all aspects of the Agreement and the performance of the Agreement. Further, TWC agrees that any and all proceedings in connection with any dispute shall be held and heard in a venue sitting in Erie County, New York, 3 Notwithstanding anything contained in the Agreement which could be construed to the contrary, the City and TWC expressly agree that the total fee /expenses to be paid to TWC by the City under the Agreement shall not exceed $4,875.57 per month for up to 36 months. Notwithstanding anything contained in the Agreement which could be construed to the contrary, no annual price bikes or any other price hike shall be effectuated. Payment will be within sixty (60) days of invoicing. Further, City shall not be responsible for any additional charge(s) and or expense(s) whatsoever unless TWC has received prior written approval from the - 1 - City for each and any such expense(s).and or charge(s) in advance ofTWC incurring the expense(s) and or providing the service/parts/hardware, etc. and or for each such additional charge being proposed. 4. City shall not be-obligated to engage the services of TWC for any administration of services or for any services beyond those services which are specifically provided for in the Agreement as hereby modified. Further, City shall, after the initial thirty six months of the Agreement, have the unilateral right to at any time cancel and terminate the Agreement and the services of TWC with or without cause in which such event the City shall have no further obligation to TWC other than for payment of services through the date of termination. IN WITNESS '6 IREREOE, City and the TWC have caused this Rider to be executed on the dates set forth below. The Agreement and this Rider shall together constitute the written agreement of the City and TWC in this matter. -2- APPROVED AS TO FORM ONLY DAVID RODRIGUEZ Acting Corporation Counsel By: 1 0 4 JOHN V. HEFFRON Assistant Corporation Counsel THE CITY OF BUFFALO By: J) IV ' I? C / -r- --) TIME WARNER CABLE BY: STATE OF NEW YORK ) COUNTY OF ERIE ) SS_ On the day of , in the year 2011, before me the undersigned, a notary public in and for said state, personally appeared , personally known to me or proven to me on the basis of satisfactory evidence to be the individual(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed sane in their capacity, and that by their signature(s) on the instrument, the-individual(s) or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF } COUNTY OF ) SS.: On the day of , in the year 2011, before nee the undersigned, a notary public in and for state, personally appeared personally known to me or proven to me on the basis of satisfactory evidence to be the individual(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed sane in their capacity, and that by their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- 3 TJME WARNER CABLE Business. Class Account Executive: Michael Eikan Phone: 716 -558 -8425 Cell Phone: (71e) 225 -7933 Fax: (866) 241 -3095 Email: michael.elkan@twe-able.com Business Class Ethernet Service Order information For Location ULAN ULAN. Customer Requested Site Name Address Typo Bandwidth Assi ned b Number Due Date Business Name City of Buffalo Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # * * * ** °2533 State; Local per letter Billing Address Account Number City Hall 1201 Buffalo NY 14202 2031589 -01 1512 Clinton St Buffalo NY 14206 Billing Contact 2 Meg Billing Contact Phone Billing Contact Email Address Ra'en Mehla 796 851 -4836 rmehta ch.ci.buffalo.n .us Time Authorized Contact Authorized Contact Phone Authorized Contaot Email Address Ra'en Mehfa 716 8i1 -4836 rmehta ch.ci.buffalo.n .us 2044 Bailey A Buffalo NY 14211 Remote 2 Me Gable Technical Contact Technical Contact Phone Technical Contact Email Address Peter Barone 716 8514883 barone@ch.cl.buffalo.ny.us Business Class Ethernet Service Order information For Location ULAN ULAN. Customer Requested Site Name Address Typo Bandwidth Assi ned b Number Due Date Time Engine 35, Warner install # 12 1512 Clinton St Buffalo NY 14206 Remote 2 Meg Cable . Time Engine 31, Wanner Install # 18 2044 Bailey A Buffalo NY 14211 Remote 2 Me Gable Time Engine 21, Warner Install # 5 1229 Jefferson Ave Buffalo NY 14208 Remote. 2 Meg Cable Training Time bureau Annex, Warner Install # 21 1032 Fillmore Ave Buffalo NY 14211 Remote 2 Meq Cable Time Engine 1, Warner Install # 1 112 Ellicott St Buffalo NY 14203 Remote 2 . Mea Cable Time Engine 28, Warner Install # 8 1170 E Lovejoy 5t Buffalo NY 14206 Remote I 2 Cable Time .Engine 22, Wanner Install # 6 1 1528 Broadway St Buffalo NY 14212 Remote 2 Me Cable Page 1 of 10 TIME WARNER CABLE Business Class Monthly Recurring Charge At 66 Niagara Sq #1202 Buffalo NY 14202 Description Quantftv Sales Price Monthly Recurring Total Contract Term Time 21 154.78 Engine 23, 36 Months EVPL 2,QM 3 Year Tenn 21 Warner $8 125.95 36 Months Install # 10 1720 Fillmore Ave Buffalo NY 14211 Remote 2 Me Cable *Total $4,875.57 *Prices do not include taxes and fees. Time Engine 19, Warner . Install # 15 209 Forest Ave Buffalo'NY 14213 Remote 2 Meq Cable Time Engine 2, Warner Install # 2 376 Vir inia St Buffalo NY 14201 Remote 2 Meq Cable Time Engine 34, Wamer Install # 11 2837 Main St Buffalo NY 14214 Remote 2 Meg Cable Time Engine 23, Warner Install # 16 3226 Sailev Ave Buffalo NY 14215 Remote - 2 Me-a Cable Training Time Bureau, Install Warner 420 3359 Broad%iay St Buffalo NY 14227 Remote 2 Meq I Cable Time Engine 32, Warner Install # 9 700 Seneca St Buffalo NY 14210 Remote 2 Meq Cable Time Engine 38, Warner Install ;r# 19 398 Linden Ave Buffalo NY 14216 Remote 2.Meq Cable Time Engine 34, Warner Install # 14 500 Rhode Island St Buffalo NY 14213 Remote 2 Meq Cable Time Engine 3, Warner Install # 3 609 Broadway St Buffalo NY 94212 Remote 2 Me Cable Time Engine 25, Warner Install # 7 517 Southside PKwy Buffalo NY 14210 Remote 2 Meq Cable Time Engine 4, Warner Install # 4 935 Abbott Rd Buffalo NY 14220 Remote 2 Me Cable Time Engine 36, Warrier Install # 13 860 Hertel Ave Buffalo NY 14216 Remote 2 Meg Cable Time Engine 26, Warner Install # 17 703 Tonawanda St Buffalo NY 14207 Remote 2 Meg Cable Time Wamer C ty Hall Hub 65 Nia ara S #1202 Buffalo NY 14202 Most 42 Meg Cable Monthly Recurring Charge At 66 Niagara Sq #1202 Buffalo NY 14202 Description Quantftv Sales Price Monthly Recurring Total Contract Term Ethernet Promo Discount 21 154.78 - $3,250.38 36 Months EVPL 2,QM 3 Year Tenn 21 $366.96 $8 125.95 36 Months BCE HUB 1 $0.00. $0,00 36 Months *Total $4,875.57 *Prices do not include taxes and fees. Page 2 of 10 -( u! IEiTIG.YT}t�Sf{IYi:RCA13LE � Busi Class Monthly Recurring Charge At 376 Virginia St Buffalo NY 14201 Description Quantity Monthly Sales Price . Recurring Total Gontra SGE 2.OM Child 1 $0.00 $0:00 36 Months *Total *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 1612 Clinton St Buffalo NY 14206 06scrl tion Quantq Monthly Sales Price R ecurrin Total Contract Term BCE 2.OM Child 1 $0,00 $0.00 36 Months *Total $ . 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 500 Rhode Island St Buffalo NY 14213 Description Quantltv Monthly Sales Price Recurrina Total Contract Term BGE 2.OM Child 1 $0.00 $0100 36 Months *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 1032 Fillmore Ave Buffalo NY 14211 t7i scri tEon Quantt Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 1229 Jefferson Ave Buffalo NY 14208 Bescri tion Quanti Monthly Sales Price Itecurrin Total Contract Term BCE ZOM Child 1 $0.00 $1.00 36 Months *Total $ £1.00 "Prices do not include taxes and fees. Monthly Recurring Charge At 398 Linden Ave Buffalo NY 14216 Description Quantitv Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ £1.00 *Prices do not include taxes and fees, Monthly Recurring Charge At 3359 Broadway St Buffalo NY 14227 Description Auanti Monthly Sales Price RecurrI Total Contract Term BCE 2.OM Child 1 $O.OD $0.00 36 Months *Total $ 0.00 *Prices do not include taxes and fees. Page 3 of 110 cp'nME WARNER CABLE Business Class Monthly Recurring Charge At 936 Abbott Rd .Buffalo NY 14220 Description Quantity Monthly Sales Price Recurrin Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0 0.00 Prices do not include taxes and fees. *Prices do not include taxes and fees. Monthly Recurring Charge At 1526 Broadway St Buffalo NY 14212 Description Quanta Monthly Sales Price Recurrinq Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0 $. "0.00 Prices do not include taxes and fees. `Prices do not include taxes and fees. Monthly Recurring Charge At 703 Tonawanda St Buffalo NY 14207 Descri Lion Quantitv Monthly Safes Price Recurring Total Contract Term BCE 2.010 Child 1 $0:00 $0.00 36 Months *Total $ 0 $ 0.00 Prices do not include taxes and fees. °Pdoes do not include taxes and fees. Monthly Recurring Charge At 2044 Bailey Ave Buffalo NY 14211 Monthly Dose Lion Quantity Sales Price Recurrin Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months * Total "Total $ 0 $ 0.00 Prices do not include taxes and fees. Monthly Recurring Charge At 700 Seneca St Buffalo NY 14210 Description Quant1tv Monthly Sales Price Recurrina Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months "Total $ 0.00 "Prices do not include taxes and fees, Monthly Recurring Charge At 1720 Fillmore Ave Buffalo NY 14211 Description QuantIty Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months Total S 0.00 'Prices do not include taxes and fees. Monthly Recurring Charge At 112 Ellicott St Buffalo NY 14203 Description Quantity Monthly Sales Price Recurring Total Contract Term BCE 2.0M Child 1 $0.00 $0.00 36 Months "Total $ 0.00 *Prices do not include taxes and fees. Page 4 of 10 TIME WARNER CABLE Business Class Monthly Recurring Charge At 209 Forest Ave Buffalo NY 14213 Description Quantity Monthly Sales Price Recurring 'Total Contract Term BGE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0.00 *Prices do not include taxes and fees. *Total Monthly Recurring Charge At 609 Broadway St Buffalo NY 14212 Description Quantity Monthly Sales Price Recurring Total Contract Term BGE 2,OM Child 1 $0.00 $0.00 36 Months *Total *Prices do not include taxes and fees. $ 0.00 Prices do not include taxes and fees, Mring Charge At 860 Hertel Ave Buffalo NY 142'16 Description Quantity Monthly Sales Price Recurring Total Contract Terre 1 $0.00 36 Months $4.D0 1 36 Months *Total *Prices do not include taxes and fees. Monthly Recurring Charge At 3226 Bailey Ave Buffalo.NY 14215 Description Quantity Monthly Sales Price Recurring Total Contract Terra BCE 2.OM Child 1 I so.001 $4.D0 1 36 Months *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 2837 Main St Buffalo NY 14214 Description Quantity Monthly . Sales Price Recurring Total Contract Term 130E 2.OM Child 1 $D:OO $4.00 36 Months *Total $ 0.00 ``Prices do not include taxes and fees, Monthly Recurring Charge At 117D E Lovejoy St Buffalo NY 14205 Description Quantity Monthly Sales Price Recurring Total Contract Term BCE.2,OM Child 1 $0.00 MOO 36 Months *Total $ ©.00 *Prices do not include taxes and fees. Monthly Ftecurring Charge At 517 Southside Pkwy Buffalo NY 14214 Description Quanti monthly Sales Price Recurring Total Contract Term BGE 2.OM Child 1 1 $0,001 $0,00 36 Months "Total $ 0.00 *Prices do not include taxes and fees. Page 5 of 10 TIME WARNER CABLE Business Class One Time Charge At 65 Niagara Sq #1202 Buffalo NY 14202 Description Quantity Sales Price Total BCE Site Install 1 $0:00 $0.00 Total 5 0.00 *Prices do not include taxes and fees. $ 0,00 *Prices do not include taxes and fees. One Time Charge At 376 Virginia St Buffalo IVY 14201 bescri Lion Quantq Sates Price Total BCE Child Install 1 $0.00 $0.00 Total Total 5 0.00 *Prices do not include taxes and fees. One Time Charge At 1512 Clinton St Buffalo NY 14206 Description Quantity Sales Price Total SCE Child Install 1 $0.00 0.00 Total $ 0.00 "Prices do not include taxes and fees. S 0.00 *Prices do not include taxes and fees. One Time Charge At 500 Rhode island St Buffalo NY 14213 Descrl tion Quantity sales Price Total BCE Child Install 1 $0.00 $0.00 Totat $ 0.00 "Prices do not include taxes and fees. $ 0.00 *Prices do not include taxes and fees. One Tune Charge At 1032 Fillmore Ave Buffalo NY 14211 Description Quantity Sales Price Total BCE Child Install 1 $0:00 $0.00 Total Total $ 0.00 "Prices do not include taxes and fees. One Time Charge At 1229 Jefferson Ave Buffalo NY 14208 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0100 *Prices do not include taxes and fees. One Time Charge At 398 Linden Ave Buffalo IVY 14216 Descrl tion Quanti Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0.00 *Prices do not Include taxes and fees. Page 6 of 10 c TIMEWARNERCABLE usiness Class . One Time Charge At 3359 Broadway St Buffalo NY 14227 Description Quantity Sates Price Total BGE Child Install 1 $4:00 $0.00 Total $ 0.0Q Prices do not include taxes and fees. One Time Charge At 935 Abbott Rd Buffalo NY 14220 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0.00 "Prices do not include taxes and fees. One Time Charge At 1528 Broadway St Buffalo NY 14212 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0 `Prices do not include taxes and fees, One Time Charge At 703 Tonawanda St Buffalo NY 14207 Description Quantity Sales Price 'Total BCE Child Install 1. $0.00 $0.00 Total $ 0.00 'Prices do not include taxes and fees. One Time Charge At 2044 Bailey Ave Buffalo NY 14211 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0.00 °Pdoes do not include taxes and fees. One Time Charge At 700 Seneca St Buffalo NY 14210 Description Quantl Sales Price 'Total BCE Child Install 1 $0.00 $0.00 Total $ 0 RPrlces do not include taxes and fees. One Time Charge At 1720 Fiilmore Ave Buffalo NY 14211. Description Quantl Sales Price Total BCE Child Install 1 $0:00 $0.00 Total $ 0 Prices do not include taxes and fees. Page 7 of 10 Is TIME WARNER CA13LE Business Class One Time Charge At 112 Ellicott St Buffalo NY 14203 Qescri ton QuantitV Sales Price Total BCE Child Install 1 $ o.00l $0.00 Total Total $ 0.00 "Prices do not include taxes and fees. One Time Charge At 209 forest Ave Buffalo NY 1A213 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0,00 Total $ 0 *Prices do not include taxes and fees, $ 0.00 *Prices do not include taxes and fees. One Time Charge At 609 Broadway St . Buffalo NY 14212 Description Quanti Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0 *Prices do not include taxes and fees, $ 0 *Prices do not include taxes and fees. One Time Charge At 860 Hertel Ave Buffalo NY 14216 Description lQuant1tv Sales Price Total BCE Child Install 1 $0:00 $0,00 Total $ 0 *Prices do not include taxes and fees, $ 0.00 `Prices do not include taxes and fees. One Time Charge At 2837 Main 5t Buffalo NY 14214 Description Quantity Sales Price Total BCE Child Install 1 $0.00 50.00 "fetal .Total $ 0 *Prices do not include taxes and fees, One Time Charge At 3226 Bailey Ave Buffalo NY 14215 Description Quanti Sales Price Total BCE Child Install 1 $0.00 O,OQ .Total $ 0:00 *Prices do not include taxes and fees. One Time Charge At 1170 E Lovejoy St Buffalo NY 14206 Reacrl tion Quanti Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0 "Prices do not include taxes and fees. Page 8 of 10 1 TIME WARNER CABLE Business Class One Time Charge At 517 Southside Pkwy Buffalo NY 14210 Description Quantl Sales Price Total BCE Child Install 1 0.00D:00 'total J . $ 0 *Prices do not Include taxes and fees. Page 9 of 10 ' p TIME WARNER CASLC usin ss Class Special Terms The services, products, prices and terms identified on this Service Order constitute Time Warner Cable's offer to provide such services on such terms. Until Customer has accepted this offer by signing'as appropriate below, Time Warner Cable reserves the right to rescind this offer at any lime, at its sole discretion. The Agreement shall be renewable for successive terms unless at least thirty (30) days prior to the expiration of the then - current term, either party notifies the other party of such party's intent not to renew this Agreement, Agreement term and - corresponding monthly billing will commence on actual service installation date. Agreement locks in rate for the Time Warner Cable Business Class services for term of contract. Cable television and Work -at -home services are subject to annual price change. Electronic Signature blsclosure By signing and accepting below you are acknowledging that you have road and agree to the terms and conditions outlined in this document. =txt J1,el, Adc--- Authorized Signature for Time Warner Cable Printed Name and Title Date signed Authorized Signature for Customer / 9 / Printed Name and Title Date Si 'ed Page 10 of 10 Time Warner Cable Business Class Eth erne t 194 t �. A ccess �; In Service Level Agreement This document outlines the Service Level Agreement ( "SLA ") for the Ethernet and Dedicated Internet Access fiber.based Services (each, a "Service "). All capitalized terms used but not defined herein shall have the meanings given to them in the Agreement. L SLA Targets: If. Priority Classification: TWC will classify Service Disruptions (as defined below) as follows: 'Customer must open a trouble Ucket.wilh TWO to report a Service Disruptlon and establish the beginning of such service Usruptfon. s lli. Network Availability A "Service Disruption" is defined as a disruption or degradation that interferes with the ability of a TWC network tub to (i) transmit and receive network traffic on a Customers dedicated access port; and (ii) exchange network traffic with another TWC not hub. Service Disruptions include Priority 1 Outages. Service Disruptions exclude planned outages, routine maintenance, service problems resulting from acts or omissions of Customer, Customer equipment failures, and a Force Majeure Event. "Network Availability' is calculated as the total number of minutes the circuit is up (other than a Priority 1 outage) in a calendar month for a specific Customer connection, divided .by the total number of minutes In a calendar month. Commitment: TWC's monthly Network Availability Target is 99.97 %, IV. Latency Latency is the average roundtrip network delay, measured every 5 minutes, to adequately determine a consistent average monthly performance level for latency at the relevant TWC HubfPOR The Roundtrip Delay is expressed in milliseconds (ms). The observation'period is one calendar month. For DIA, TWC measures latency using a standard 64byte ping from Customer premise device to the TWC Internet access router in,a round trip fashion. For Ethernet, TWC measures latency using a standard.64byte ping from Customer premise device between site A and site Z. The following table contains examples of the percentage of Network Availability translated into minutes of up time and downtime for the 99.97% Network Availability target. Packet Loss is calculated as follows: Packet mass ( %) 100 ( °f °} Packet Delivery Vi. Mean Time To Restore ( "MTTR ") The Mean Time To Restore (V TT measurement for a Service is the cumulative length of time it takes to restore service for Priority 1 Outage for a specific connection in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for that connection. MTTR per calendar month is calculated for as follows: Cumulative length of response time to Priority 1 Outage(s) per connection Total number of Priority 1 Outage trouble tickets per connection VII. Network Maintenance Maintenance Notice: Customer understands that from time to time TWO will perform routine network maintenance for network improvements and preventive maintenance, and in some cases, TWO will have to perform urgent network maintenance, which will usually also be conducted within the routine maintenance windows, TWO will use reasonable efforts to provide advance notice of the approximate time, duration and reason for the routine maintenance and if commercially practicable, will provide notice of urgent maintenance, In no event shall any routine or urgent network maintenance be calculated against the foregoing outage measurements. Maintenance Windows: Routine maintenance is typically performed during the following maintenance windows: Monday -- Friday 12 a.m. -M 6 a.m. Local Time M mdw kw4o. s T;<M� ._ I ns. - �dtfrsttict►ndltfaltcws Intrastate Tax Authorization Farm Customer name: City of :Buffalo In order to determine how to treat the Ethernet Solutions services we provide to you for taxation and fee assessment purposes, we ask that you please check one of the boxes below as appropriate, ® The traffic carried by Time Warner Cable in its provision of Ethernet Solutions services to customer City of Buffalo is at least 10% interstate in nature and, therefore, may be classified under FCC rules as jurisdictionally interstate. The traffic carried by Time Warner Cable in its provision of Ethernet Solutions services to customer ON of Buffalo is intrastate in nature and does not contain traffic that is at least 10% inters! e Customer signature: fir: / ��' THIS AGREEMENT AMENDMENT WITH INDEMNITY AND INSURANCE RIDER is attached to that certain proposal (the "Agreement ") from Time Warner Cable ( "TWC ") to The City of Buffalo (the "City "). 1. TWC hereby indemnifies the City and agrees to defend and hold the City harmless from and against all liability arising out of the work and services provided to the City by TWC. Said set vices are described in the Agreement to which this hider is attached, 2. Notwithstanding anything contained in the Agreement which could be construed to the contrary, the laws of the Mate of New York shall apply to all aspects of the Agreement and the performance of the Agreement. Further, TWC agrees that any and all proceedings in connection with any dispute shall be and heard in a venue sitting in Erie County, New York. 3. Notwithstanding anything contained in the Agreement which could be construed to the contrary, the City and TWC expressly agree that the total fee /expenses to be paid to TWC by the City under the Agreement shall not exceed $4,875.57 per month for up to 36 months. Notwithstanding anything contained in the Agreement which could be construed to the contrary, no annual price hikes or any other price hike shall be effectuated. Payment will be within sixty (60) days of invoicing. ; Further, City shall not be responsible for any additional charges) and or expense(s) whatsoever unless TWC has received prior written approval from the - 1 - City for each and any such expense(s) and or charge(s) in advance of TWC incurring the expense(s) and or providing the service /parts/hardware, etc. and or for each such additional charge being proposed, 4. City shall snot be obligated to engage the services of TWC for any administration of services or for any services beyond those services which are specifically provided for in the Agreement as hereby modified. Further, City" shall, after the initial thirty six months of the Agreement, have the unilateral right to at any time cancel and terminate" the Agreement and the services of. TWC with or w' ithout cause in which such event the City shall have no further obligation. to TWC other - than for payment of services through the date of termination. 5. Notwithstanding anything contained in this Agreement which could be construed to the contrary, the City shall have no liability under this Agreement to TWC or anyone else beyond :funds actually appropriated (in the City's annual budget on an annual basis) and available for this Agreement. Absent such appropriation(s),. the City shall have the right to cancel the Agreement. IN 'WITNESS WHEREOF, City and the TWC have caused this Rider to be executed on the dates set forth. below. The Agreement and this Rider shall together constitute the written agreement of the City and, TWC in this matter. -2- DAVID RODRIGUEZ Acting Corporation Counsel By- - ). - 1 A OIL V. REFFRON Assistant Corporation Counsel THE CITY OF BUFFALO By: TIME WARNER CABLE M STATE OF NEW YORK } COUNTY OF ERIE } SS.: On the . day of , in the year 2011, before me the undersigned, a notary public in and. for said state, personally appeared , personally known to me or proven to the on the basis of satisfactory evidence to be the individual(s) whose names) are-subscribed to the within instrument and acknowledged tome that they executed sane. in their capacity, and that by their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE O } COUNTY OF } SS.: On the day of , in the year 2011, before me the undersigned, a notary public in and for said state, personally appeared , personally known to me or proven to the on the basis of satisfactory evidence to be the individual(s) whose riarue(s) are subscribed to the within instrument and acknowledged to me that they executed sane in their capacity, and that by their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual acted, executed the instrument. .a NJ '11ME WARNER CA19LE B usiness Class Account Executive: Michael Elkan Phone: 716-558-8425 Cell Phone: ( 225-7933 Fax: (866)241.3095 Email; mlchael.elkan @twcabfe.com (Business Class Ethernet Service Order Information For Location ULAN � VLAN Customer Requested Site Name Address Type Bandwidth,Assi ned bir Number Due Cate Business Name City of Buffalo Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # *"""2533 State; Local• per letter Billing Address Account Number City Hall 1241 Buffalo NY 14202 2031589 -01 Billing Contact Billing Contact Phone Billing Contact Email Address Rallen Mehta 716 881 -48 rmehta ch.ol:buffalo,n .us Authorized Contact Authorized Contact Phone Authorized Contact Email Address Ra'en Mehta 716 8514836 rmehta ch.cl,buffalo.n .us Install #.18 2044 Baife A Buffalo NY 14211 Technical Contact 2 Me 'technical Contact Phone Technical Contact Small Address Peter Barone 716 851 -4883 barons ch.ci.buffafo,n .us (Business Class Ethernet Service Order Information For Location ULAN � VLAN Customer Requested Site Name Address Type Bandwidth,Assi ned bir Number Due Cate Time E=ngine 35, Warner Install ,# 12 1512 Clinton St Stiffalo NY 14206 Remote 2 Mea Cable Time Engine 31, Wamer Install #.18 2044 Baife A Buffalo NY 14211 Remote 2 Me Cable Time Engine 21, Warner Install # 5 1228 Jefferson Ave Buffalo NY 14288 Remote 2 Me Cable Training Time Bureau Annex, Warner Install # 21 1032 Fillmore Ave Buffalo NY 14211 Remote 2 Meg Cable Time Engine 1, Warner Install # 1 112 Ellicott -St Buffalo NY 14203 Remote 2 Meg Cable Time Engine 28, Warner Install # 8 1170 E Lovejoy St Buffalo NY 14208 Remote 2 Me Cable Time Engine 22, Warner Install # 6 1528 t3roadwa St Btrffafo NY 14212 Remote 2 Meg Cable �3 Page 1 of 10 /e TIMEWARNER CABLE Business Class - - -- Sates Price Monthly Recurrin Total Contract `Ferro Time 21 $154.78 Engine 23, 36 Months .ear Term 21 Warner $8 125.95 36 Months Install # 10 1720 l illmore Ave Buffalo NY 14211 Remote 2 Me Cable *Total $4 x75.57 *Prices da not include taxes and fees. Time Engine 19, Warner Install# 15 209 forest Ave Buffalo'NY 14213 Remote 2.Me Cable Time Engine 2, Warner Install # 2 376 Virginia St Buffalo NY 14201 Remote 2 - Me Cable Time Engine 34, Wainer Install # 11 2837 Main St Buffalo NY 14214 Remote en 2 M Me I Cable Time Engine 23, Warner Install .# 16 3226 Bade Ave Buffalo NY 14215 Remote 2 Me Cable Training Time Bureau, install Warier # 20 3359 Broadway St Buffalo NY 14227 Remote 2 Mea 1 Cable Tirt�e Engine 32, Wamer Install # 9 700 Seneca St Buffalo NY 14210 Demote 2 Me Cable Time Engine 38, Warner Install# 19 398 Linden Ave Buffalo NY 14216 Remote 2.Me Cable Time Engine 34, Warner install # 14 500 Rhode Island St Buffalo NY 14213 Remote 2 Me Cable Time Engine 3, Warner Install # 3 609 Brnadwa 5t Buffala NY 14212 Remote 2 Me. Cable Time Engine 25, Warner Install # 7 517 Southside Pk Buffalo NY 14210 Remote 2 Men Cable Time Engine 4, Warner Install #4 935 Abbott Rd Buffalo NY 14220 Remote 2 Meq Cable Time Engine 36, Warner Install # 13 860 Hertel Ave Buffalo NY 14216 Remote 2 Meg Cable Time Engine 26, Warner Install # 17 703 Tonawanda St Buffalo NY 14207 Remote 2 Me Cable Time Warner Clt Hall Hub 65 Niagara So #1202 Buffalo NY 14202 Host 42 Me Cable F rin8 Charge At 65 Niagara S # #1202 Buffalo NY 14202 rl tten Qua�n #i Sates Price Monthly Recurrin Total Contract `Ferro Discount 21 $154.78 -$3 250.38 36 Months .ear Term 21 $386.95 $8 125.95 36 Months BCE HUB 1 $0.00. $0.00 36 Months *Total $4 x75.57 *Prices da not include taxes and fees. Page 2 of 10 TiAM1ziNARNER OA SLE Business Class Monthly Recurring Charge At 376 Virginia St Buffalo NY 14201 Cescri tlon Quantl Monthly Sales Price Recurring Total Contract Term BCE 2,OM Child 1 som $0.00 36 Months ``Total *Total Q.OQ *Prices do not Include taxes and fees. Monthly Recurring Charge At. 1512 Clinton St Buffalo NY 14206 Dascrl tlan Quantl Monthly Sales Price Recurring `fetal Contract Term 8CE 2.OM Child 1 $0:00 $0.€}0 36 Months *Total $ 0.00 'Prlees do not include taxes and fees. . Monthly Recurring Charge At 500 Rhode Island St Buffalo NY 14213 Description Quantity Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0,00 $0.00 36 Months *Total *Pmlces do not include taxes and fees. *Prices do,not include taxes and fees, . Monthly Recurring Charge At 1032 Fillmors Ave Buffalo NY 14211 Dtscri tlon Quanfitv Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0:00 36 Months *Total *Total *Pmlces do not include taxes and fees. Monthly Recurring Charge At 1229 Jefferson Ave Buffalo NY 94208 Description Quantl Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0,00 *Prices do not include taxes and fees. . Monthly Recurring Charge At 398 Linden Ave Buffalo NY 14216 Bescrl tion Quantity Monthly Sales Price Recurring Total Contract Term' BCE ZO Child 1 $0.011 $0.00 36 Months *Total $ 0.00 "Prices do not include taxes and fees. . Monthly Recurring Charge At 3359 Broadway St Buffalo NY 14227 Description Quantity Monthly Sales Price . Recurring Total Contract Term BCE 2.OM Child 1 $0.00 $0.00 36 Months *Total $ 0.00 °Prlc�s do not lnc�ude taxes and fees. . Page 3 of 10 TIME WARNER CABLE usineS Class Monthly Recurring Charge At 935 Abbott Rd .Buffalo NY 14220 Dosed tion Quantity Monthly Sales price Recurring Total Contract Term SCE 2.OM Child 1 0,00 $0.00 36 Months *'i'otai 0,00 *Pr €ces do not include taxes and fees. *Prim do not include taxes and fees. Monthly Recurring Charge At 1525 Broadway St Buffalo NY 14212 Descri tion Quantity Monthly Sales Price Recurrin otal Contract Term BCE 2.010 Child 1 $0.00 $0.00 36 Months "Total *Total 0,00 *Pr €ces do not include taxes and fees. Monthly Recurring Charge At 703 Tonawanda St Buffalo NY 14207 Description Quantity [ BCE Monthly Sales pace Recurring Total Contract Term 2.OM Child 1 som $0.00 36 Months *Total $ 0.00 *Prices do not Include taxes and fees. Monthly Recurring Charge At 2044 Bailey Ave Buffalo NY 14211 escrl tlan Quantity Monthly Sales Price Recurring Total Contract Term BCE ZOM Child 1 $0.00 $0.00 36 Months "Total $ 0.00 'Prices do not include taxes and fees. Monthly Recurring Charge At 700 Seneca St Buffalo NY 14210 Cescri tion Quantity Monthly Sales Price Recurring Total Contract Term BCE 2-OM Child 1 $0.00 $0.00 36 Months *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 1720 Flllmore Ave Buffalo NY 14211 Uscri tion Quanti Monthly. Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0.001 $0.00 1 36 Months *Total $ 0.00 "Prices do not include taxes and fees. Monthly Recurring Charge At 112 fall €cott St Buffalo NY 14203 Ceserl tion Quantity Monthly Sales Price Recurrinfl Total Contract Tern BCE 2.OM Child 1 $0.00 $0.00 1 36 Months *Total 0.00 *Pdcas do not Include taxes and fees. Page 4 of 10 '11ME WARNER CABLE WsW%Class N Monthly Recurring Charge At 209 Forest Ave Buffalo NY 14213 Description Quantity Monthly Sales price Recurring 'total C Term BCE 2.OM Child 1 $O.00 $0.00 36 Months *'Total 36 Months 1 7 $ 0.00 $0.t7O 36 Months Prices do not.include taxes and fees, $ 0.00 Monthly Recurring Charge At 609 Broadway St Buffalo NY 11212 Description Quanti Monthly tales Price Recurring Total Contract Term BCE 2,0M 1 0,00 $0,00 36 Months *Total $0.t7O 36 Months "Total $ 0.00 # Prices do not include faxes and fees. Prices do! clude taxes and fees, "Prices do not include taxes and fees. Monthly Recurring Charge At 860 Hertel Ave Buffalo NY 14216 Monthly Sales Price RecurrIng Total Contract Term SCE 2.0M Child Monthly Description Quantity Sales Price Recumn Total Contract Term BCE ZOM Child 1 $0.00 $0.t7O 36 Months "Total # Prices do not include faxes and fees. $ 0,00 "Prices do not include taxes and fees. Manthfy Recurring Charge At 3228 Bailey Ave Buffalo NY 14215 Beacri Son Quantl Monthly Sales Price RecurrIng Total Contract Term SCE 2.0M Child 1 $0.00 som 36 Months "Total $ 0.00 $ 0.00 # Prices do not include faxes and fees. Monthly Recurring Charge At 2837 Main St Buffalo NY 14214 Description Quantity Monthly Sales Price Recurrin Total Contract Term BCE ?..OM Child 1 $0:00 $0.00 36 Months "l otal $ 0.00 $ 0.00 "Prices do not include taxes and fees. Monthly Recurring Charge At 1170 E Lovejoy St Buffalo NY 14206 Description Quantf Monthly Sales Price Recurd Total Contract Term BCE 2.01VI Child 1 1 $0.001 $0.00 36 Months *Total *Total $ 0.00 *Prices do not include taxes and fees. Monthly Recurring Charge At 517 Southside Pkwy Buffalo NY 14210 Description QuantitV Monthly Sales Price Recurring Total Contract Term BCE 2.OM Child 1 $0,001 $0r00 1 36 Months *Total $ 0.00 "prices do not Include taxes a�fees. Page 5 of 1O ME WARNER GABLE Business Class pne Time Charge ,�i 65 Niagara Sq #1202 Buffalo Nl' 14202 i0escri tiprt Quanti Safes Price Total BCE Site Install 1 $0.001 $0.00 Total $ O:QO *Prices do not include taxes and fees. One Time Charge At 376 Virginia St Buffalo NY 14201 i�escrf tton Quantltv Sates Price Total BCE Child Install 1 $0.00 $0,00 Total $. 0,00 *Prices do not include taxes and fees. One Time Charge At 1512 Clinton St Buffalo NY 14206 Description Quantity Sates Price . Total BCE Cfilld Install 1 0,00 $0.00 Total 0.00 *Prices do not Include taxes and fees. $ 0.00 *Prices do not include taxes and fees. One Time Charge At 500 Rhode Island St Buffalo NY 14213 Description Quanti Sales Price Total BCE Child Install 1 $0.00 $0.00 Total 0.00 *Prices do not Include taxes and fees. $ 0.00 ° Prices do not include taxes and fees, One Time Charge At 1032 Fillmore Ave Buffalo NY 14211 Description Quantity Sales Price Total BCE Child Install F 1 $0.00 $0.00 1. Total 0.00 *Prices do not Include taxes and fees. $ 0.00 *Prices do not include taxes and fees. One Time Charge At 1229 Jefferson Ave Buffalo NY 14208 Descri tign Quantity Safes Price Total BCE Child Install 1 $0.00 0.00 Total 0.00 *Prices do not Include taxes and fees. $ 0.00 *Prices'do rat include taxes and fees. One Time Charge At 398 Linden Ave Buffalo NY 14216 Description Quant1tv Sales Pdco .Total BCE Child install 1 $0.00 Total 0.00 *Prices do not Include taxes and fees. Page 6 of 10 le 11MEWARNER CABLE Business Class �a One TIma Charge At 3389 Broadway St Buffalo NY 14227 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0;00 Cofdi $ o;00 *Prices do no# irsclude taxes and fees. One Time Charge At 335 Abbott Rd Buffalo NY 14220 Description Quantity Sales Price 'fatal BCE Child Install ° 1 $0,00 $0.00 Total $ 0,00 " Pricas do not inc lude taxes and fees. One Time Charge At 1528 Broadway St Buffalo NY 14212 Description Quantity Sales Price Total BCE Child Install 1 $0.00 $0.00 Total $ 0.00 "Prices do not include taxes and fees. One Time Charge At 703 Tonawanda St. Buffalo NY 14207 Description Quantl[tv Sales Price Total BCE Child install 1 ;$0.00 $0:00 Total $ 0.00 "Prices do not include taxes and fees. One Time Charge. At 204:4 Bailey Ave Buffalo NY 14211 Description Quantl Sales Price Total ly BCE Child Install ` 1 $0.00 $0.00 Total $ 0.00 "Prices do not include taxes and fees. One Time Charge At 700.Seneca St Buffalo NY 14210 Description Quantltv Sales Price Total BCE Child Install 1 $0.00 0.00 'total $ 0.00 kPrices do not include taxes and fees. One Time Charge At 1720 Eilirnore Ave Buffalo NY 14211 . Description Quantu Sales Price T OW BCE Child Install 1 $0.00 $0.00 Total $ 0.00 "Prices do not include taxes and fees. Page 7 of 10 7ltvlE WARMER CABLE Business Class One Elms Charge At 112 Eilleott St Buffalo NY 14203 - Bescri tisn Quantl Safss Price Taal es do not include Time Charge At L Descri #ian Quattti Sales Price Total FB3CE hild install O.OQ goo $ 0.00 do not include taxes and fees. EChil arge Al 609 Broadway St . Buffalo NY 14212 cri tion Quanta Sales Price Total tall 1 $0.00 $0.00 $ 0.00 Trices do not includ e taxes and fees. Cfne Time Charge At $6o Hertel Rve Buffalo NY 14296 do not Charge At 2$37 Mafn St Buffafa NY 14214 .escri flan want# Sales Price Total Install 6-Pid 1 $13.00 .$0.00 .Total not include taxes and fee s. One Time Charge At 3226 Bailey Ave Buffalo NY 14215 Description Qmantl Sales Price Total BCE Child Install 1 0.00 $o.OQ .Total 0.00 �Price.s do not inciud® taxes and €ees. One `lima Charge At 1170E Lovejoy $t Buffalo.NY 14206 Oescri tisn Quanta Sales Price Total BCE Child Install 1 $o.00 1 $0.00 Total $ O;0Q Trices.do not include taxes and fees. Page 8 of 10 One Time Charge At 517 Souihside Pkwy Buffalo NY 14210 Description Quanti Sales price Total BCE Child install 1 $0:110 $0.00 Total $ 0.00 *Prim do not include taxes and fees. Page 9 of 10 I IFIME WARNER CABLE Business Glass Spacial Terms The services, products, prices and terms: identified on this Service Order constitute Time Warmer Cable's offer to provide such services on such terms, Until Customer has accepted this offer by signing as appropriate below Time Warner Cable reserves the right to rescind this offer at any time, at its sole discretion. The Agreement shall be renewable for successive terms unless at least thirty (.30).days prior to the expiration of the then - current term, either party notifies the. other party of such party's intent not to renew this Agreement, Agreement term and - corresponding monthly billing will commence on actual service installation date. Agreement locks in rate for the Time Warner Cable Business Class services for term of contract, Cable television and Work -at -home services are subject to annual price change, �1113tllng nosure By balow yw are acknowledging that you hava read and agrea to tha terms and conditions ouilined in thls document, Authorized Signature for Time warner Cable _Printed Nama and 7ft for Sustainer l I c. Date Signed date slgfie — Page 10 of 10 If. Priority Classification: TANG will classify Service Disruptions (as defined below) as follows: Ill. Network Availability A "Service DisruptloW J s defined as a disruption or degradation that interferes with the ability of a TWC network hub to (i). transmit and receive network traffic on a Customer's dedicated access port; and (ii) exchange network traffic.with ariother TWC network hub, Service Disruptions include Priority 1 Outages. Service Disruptions exclude planned outages, routine maintenance, sertice problems resulting from acts or omissions of Customer', Customer equipment failures, and a Force Ma)eure went. "Network Availability' is calculated as -the total number of minutes the circuit is up (other thari a Priority 1 outage) in a calendar month for a specific Customer connection, divided by the total number of minutes in a calendar month. Commitment: TWC's monthly Network Availability Target is 99.97 %. The following table contains examples of the percentage of Network Availability translated into minutes of up time and downtime for the 99.97% Network Availability target: 9.9:97% for 31 Days 44,640 44,626 14 99,97% for 30 Days 43,200 43,187 13 99,97% for 29 Days 41,760 41,747 13 99.97% for 28 C1a}is 40;320 40,307 '13 Ill. Latency Latency is the average roundtrip network delay, measured every 5 minutes, to adequately determine a consistent average monthly performance level for latency at the relevant TWO Hub /POP. The Roundtdp Delay is expressed in milliseconds (ms). The observation"period is one calendar month. For DIA, TWC measures latency using a standard 64byte ping from Customer premise device to the TWC Internet access router in. a round trip fashion. For Ethernet, TWC measures latency using a standard.64byte ping from Customer premise device between site A and site Z, Latency is €;almilatna nC Winww V. Packet Loss Packet Loss is defined as the average number of packets that are not successfully received. Packet Loss is the average ratio of total packets that are sent compared to those that are received. Ratios are based on packets that are transmitted from a network origination point and received at a network destination paint (network edge to network edge). Packet Loss is calculated as follows: Paget Loss ( %) 100 Paget Delivery ° / a} A Mean Time To Restore e'MTTFV) The Mean Time To Restore (" MTTR") measurement for a Service is the cumulative length of time it takes to restore service for Priority 1 Outage for a specif<c connection in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month for that connection. MTTR per calendar month Is calculated for as follows: Cumulative length of response time tof Priority 1 Outage(s) per connection Total number of Priority 1 Outage trouble tickets per connection VII. Network Maintenance Maintenance Notice: Custome' understands that from time to time TWC will perform routine network maintenance for network improvements and preventive maintenance, and in some cases, TWC will have to perform urgent network maintenance, which will usually also be conducted within the routine maintenance windows. TWC will use reasonable efforts to provide advance notice of the approximate time, duration and reason for the routine maintenance and if commercially practicable, will provide notice of urgent maintenance. In no event shall' any routine or urgent network maintenance be calculated against the foregoing outage measurements. Maintenance Windows: Routine maintenance is typically performed during the following maintenance windows: Monday m- Friday 12 a.m. — 6.a.m. Local Time b mw_ a �Ott�tl�t�'ft# te�fl�lfi���'f�Otj Customer name: City of Buffalo In order to determine how to treat the Ethernet Solutlons services we provide to you for taxation and fee assessment purposes, we ask that you please check one of the boxes below as appropriate. (� The traffic carried by Time Warner Cable in its provision of Ethernet Solutions services to customer City of Buffalo is at least 10% interstate in nature and, therefore, may be classified under FCC rules as jurisdictionally interstate. The traffic carried by Time Warner Cable in its provision of Ethernet Solutions services to customer City of Buffalo is intrastate in nature and does not contain trade that is at least 10% inters Customer signature: r� ' -° '• i �.� . -�� _. i. i' FONTANA FRANCZYK GOLD EIS KEARNS LOCURTO PRIEDGEN RFVERA RUSSELL SYKM maj 5 213-6 3/4- 7 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS June 28, 2011 00F, #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 22, 2011 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Contract [Wendel Duchscherer, Architects & Engineers, P.C. [Porter Avenue Resurfacing Project -Phase I [Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. , C.C.P I hereby submit to your Honorable Body the following change for this contract. Wendel Duchscherer, Architects & Engineers, P.C. is the contractor for reconstruction of Porter Avenue between Niagara Street and Amvets Drive. This increase is necessary for additional Design Services, construction inspection and construction administration by the consultant for increasing the project limits due to City received additional $ 450,000 grant from Buffalo & Erie County Greenway Fund for project. Previously approved Contract Amount: $ 1,142,294.00 9 This Cost increase: $ 80,200.00 Total: $ 1,222,494.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 80,200.00 This Project is Funded by FHWA, New York State, Buffalo & Erie County Greenway and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.). Funds for this project will be available in capital project Account # 33556506 - 445500. PJM: sag DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., SIGNATURE OF DEPARTMENT HEAD: 4 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parrs and Streets dated June 22, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to issue a. cost increase in the form of Change Order #1 in the amount of $$0,200:00 to Wendel Duchscherer, Architects and Engineers, P.C. for construction inspection and construction administration services for the reconstruction of Porter Avenue between Niagara Street and Amvets give. This increase is necessary due to increased project limits due to the City's receipt of an additional $450,000 grant from the Buffalo & Erie County Green ay Fund. This project is funded by FHWA, New York State, Buf'f'alo & Eric County Greenway and the City of Buffalo, as part of local Transportation Improvement Program. (T.I.P.) Funds for this cost increase be available in Capital project Account Number 33556506 - 445500. Passed, 12. TAB:rrnv 1ANvP60MSW0rd\ :MIV\ 120- 28a.doc AYE * NO Y FONTANA FRANCZYK * 74 ZTt' 4.YO M 77E * A ARN ' L CURTO PRIDGEN RIVERA SL' RUSSELL 7r( SMTH aj 6 5 2/3- 6 3/4- 7 0001 41 (Rev. 1/93) SIN PAGE COMMUNICATION TO THE COMMON COUNCIL e� TO: THE COMMON COUNCIL DATE: June 17, 2011 FROM: DEPARTMENT: Public storks, Parks & Streets DIVISION: Streets SUBJECT: [ : purchase of Vehicle PRIOR COUNCIL, REFERENCE: (IF ANY)[ The Department of Public Works, Parks and Streets is requesting permission from Your Honorable Body to purchase a tire truck from its Capital Outlay Budget. The current tire truck being used is a 1983. This vehicle is used in the tire room servicing the tare repairs of all vehicles. This purchase is from New York State Contract, The cost of the vehicle should not exceed $60,000.00. Funds for this project are available in Account No. 75050007474200. Department Head Larne: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: cc: Henry Jackson SJS:eam (cc061711.doc) Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 17, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to purchase a tiro truck from its Capital Outlay Budget from the New York Mate Contract, the cost of which shall not exceed $60,000.00. Funds for this project are available in Account No. 15050007474200. Passed. 13. TAB:rmv Owp6ftiswor& rniv! 1306- 28a.doc fIX *AYE *NO* FONTANA FRANCZYK KEARNS - L OCURTO .1 GEN SAC 'tk RI RUSSELL ]S 21 ® �6 3l4 - ! #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 20, 2011 01 0 FROM:. DEPARTMENT: Public Works Parks & Streets DIVISION: Build SUBJECT: [: Report of Bids [: Cazenovia Parr Casino [: HVAC Reconstruction [: Job #1065 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP } TEXT: I advertised for on May 10, 2011 and received the following formal sealed bids for the Cazenovia Park Casino, HVAC Reconstruction, which were publicly opened and read on June 1, 2011, D V Brown & Associates Inc. $103,000.00 567 Vickers, Tonawanda, NY Greater Niagara Mechanical $103,700,00 7319 Ward, N Tonawanda, IVY John W. Danforth Co. No Bid 300 Colvin Woods, Tonawanda, NY Northeast Mechanical No Bid 939 Sawyer, Depew, NY hereby certify that the foregoing is a true and correct statement of all bids received and that D V Brown & Associates Inc., with a bid of One Hundred Three Thousand and 00/100 Dollars ($103,000.00) is the low bidder in accordance with the plants and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 33320406 445100 - Buildings. L- SJS/PJM/JS /dig cc: Contract Compliance Office J. Jacobs, Buildings Department Head Name: Peter J. Merlo P.E. Title: C it En ineer Signature of Department Head: V Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated Tune 20, 2011, be received and filed, and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to enter into a contract with D V Brown & Associates Inc., located at 567 Vickers, Tonawanda, NY, the lowest responsible bidder in the. amount of One Hundred and Three Thousand Dollars and 00/100 cents ($103,000.00) for the Cazenovia .Park Casino HVAC Reconstruction Project, .lob # 1065. Funds for this project are available in Account No. 33320406 445100— Buildings. Passed. [a TAB:rmv tAw rmvt E 46- 28a.doc r EOA x LOCURTO PRIDGEN RIVES RUSSELL Maj , 5 0 2/3- 6 3/4- 7 0001 8 ft (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: ;tune 9` 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: City -Wide Sidewalk Replacement -2011 [: Gr.0737 PRIOR COUNCIL., REFERENCE: (IF ANY) [: 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 Master's .Edge, Inc. $1,014,500.00 P & J Construction Co., Inc. $1,016,400.00 709 Pleasant View Drive, Lancaster, NY 14086 C & C Construction Co., Inc. $1,045,850.00 1589 Bailey Road, Cowlesville, NY 14037 I hereby certify that the low bidder for the above project is Master's Edge, Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,115,950.00 ($1,0 base bid + 10% increase $101,450.00 = $1,115,950.00). Funds for this account are available in an account(s) to be named at a later date. 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 July 18 2011 . Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM::Ilf Attach. (2) cc: Bill Heinhold Michael Murphy TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer of Pub ' Parks & Streets SIGNA'T'URE OF DEPARTMENT HEAD: l�' g� € Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 9, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to enter into a contract with Master's Edge Inc.; located at 3409 Broadway Street, Buffalo, NY, the lowest responsible bidder in the amount of One Million One Hundred and Fifteen Thousand and Nine Hundred and Fifty Dollars ($1;014,500.00 base bid + 10% increase of $101,450.00 $1,115,950.00) for the Citywide Sidewalk Replacement a 2011, Group #737. Funds for this project are available in an account to be named at a later date. Passed. 15. TAB:rmv * .AYE * NO FONTA dA FRANCZYK PRIDGEN RI RA RUSSELL * � � 0001.9 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June :15,2011 PROM: DEPARTMENT: Public Works, Parks &. Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Crosswalks -2011 f: Group #73.9 [: City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on June 15, 2011 There was only one bid received: Contractor Accent Stripe 3275 N. Benzing Rd, Orchard Park, NY 14127 Base Bid $132,325.00 Total Bid Price $138,941.25 I hereby certify that the lowest responsible bidder for the above project is Accent Stripe and I respectifully recommend that Your Honorable Body authorize a contract award to Accent Stripe in the amount of $138,941.25. (Base Bid of $132,325.00 -f [5% unit price increases] $6,616.25equals [Total Award] $138,941.25). The engineer's estimate for this work is $99,500.00. Account(s) for this project to be named at a later date. PJMIJDBIJJP:dab Cc: Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Peter J, Merlo, P.E. City Engineer Mr, Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated ,tune 15, 2111, be received and filed, and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to enter into a contract with Accent Stripe, located at 3275 Bcnzing Road, Orchard Parr, NY 14127, the lowest responsible bidder in the amount of One Hundred and Thirty-Eight Thousand and Nine Hundred and Forty -One Dollars and 251140 cents ($132,325.44 base bid + 5% unit price increases of $6,616.25 = 138,941.25) for the Crosswalks d 2011, Group ##739. Funds for this project are available in an account to be named at a later date. Passed. 16. TAB:ry * AYE *N4* * FONTANA * E+RANCZYK * * * KEARNS * LOCURTO * PREDGEN * * RUSSELL * SARTH * * * * Maj 5 213- b 314- 7 00,090 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: June 9 2011 FROM: DEPARTMENT: Public Works, Darks & Streets DIVISION: Engineering SUBJECT: (: Report.af Bids [: Resurfacing of City Pavements d 2011 j : Or, #736 PRIOR COUNCIL REFERENCE: (IF ANY) [: 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 Destro & Brothers Concrete Co., .Inc. $2,896,525.00 411 Ludington Street, Buffalo, NY 14206 Amherst Paving, Inc. $3,088,201.00 330 Meyer Road, Amherst, NY 14226 Occhino Corporation $3,173,698.00 2650 Seneca Street, West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro & .Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ ($2,896,525.00 base bid + 10% increase $289,652.50 = $3,186,177.50). Funds for this account are available in an account(s) to be named at a later date. 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 July 18` 2011 . Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM::IIf Attach. (1) cc: Bill Heinhold Michael Murphy TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer ofyaMjd V-orks, Parks & Streets �A . Mr. Fontana moved: That the above communication from the Commissioner of Pudic Works, Parks and Streets dated .Tune 9, 2411., be received and filed, and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to enter into a contract with Destro & Brothers Concrete Co, Inc., located at 411 Ludington Street, Buffalo, NY 14206, the lowest responsible bidder in the amount of Three Million, One Hundred and Eighty-Six Thousand Dollars and One Hundred and Seventy-Seven Dollars and 50/100 cents ($2,896,525.00 base bid + 10% unit price increases of $289,652.50 = $3,186,177.50) for the Resurfacing of City Pavements - 2011, Group #736. This approval is conditioned upon Destro & Brothers Concrete Co., Inc. not storing any millings at the Ludington Street address. Funds for this project are available in an account to be named at a later date. Passed. 17. * AYE *ISO* * FONTANA * FRANCZYK * GOLD EK * * 000, #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 15, 2011 FROM: DEPARTMENT: Public Works, Parrs & Streets DIVISION: Engineering SUBJECT: [: Report of Bids [: Striping - 2011 [: Group #738 [: City of Buffalo PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise Your Honorable Body that I have advertised and received bids on June 15, 2011 There was only one bid received: Contractor Base Bid Total Bid Price Accent Stripe $135,300.00 $142,065.00 3275 N. Benzing Rd. Orchard Park, NY 14127 I hereby certify that the lowest responsible bidder for the above project is Accent Stripe and I respectifully recommend that Your Honorable Body authorize a contract award to Accent Stripe in the amount of $142,065.00. (Base Bid of $135,300.00 + [5% unit price increases] $6,765.00 equals [Total Award] $142,065.00). The.engineer's estimate for this work is $99,500.00. Account(s) for this project to be named at a later date. PJM/JDB /JJP:dab Cc: Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME; TYPE TITLE: Peter J. McI'lo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the above communication frorn the Commissioner of Public Works, Parks and Streets dated June 15, 2011, be received and filed; and That the Commissioner of Public Works, Parks and Streets be and he hereby is authorized to enter into a contract with Accent Stripe, located at 3275 N. Benzing Rd., Orchard Park, NY 14127, the .lowest responsible bidder in the amount of One Hundred Forty -Two Thousand and Sixty -Five Dollars and 001100 cents ($ 135,30.0.00 base bid + 5% unit price increases of 6,765.00 = $142,065.00) for Striping - 2011, Group #738. Funds for this project are available in an account to be named at a later date. Passed. 18. TA13 :rmv L; Nvp6Nnswordt:rmOI80- 28a.doc �A *AYE *NO* * * * 2 /3 - 6 3/4 7 2 r� 0002- 2 t #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 16, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: Request for Authorization of [: Olmsted Parks Conservancy [: to Implement an Integrated [: Past Management Plan PRIOR COUNCIL REFERENCE: (IF ANY.)[ The Department of Public Works, Parks is hereby notifying Your Honorable Body that this department has authorized Olmsted Parks Conservancy request to implement an integrated pest management plan to preserve historic and high value landscape Ash trees, Fraxinus, from the invasive pest, Emergld Ash Borer, Agrilus planipennis fairmaire. A copy of Olmsted's plan is attached for your perusal. Your support of this pest management plan is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks SJS:cam Attachment (ccD61611.doc) BOARD OF TRUSTEES Anne ]larding Joyce, Chair Florence Johnson, Vice Chair Kevin Kelly, vice Chair Gary L. Mucci, Vice Chair Joseph Jerry Castiglia, Treasurer Susan J. Elkin, Secretary Karen Arrison Jayne Attardo Jeffrey L. Barbeau Joan Bozer, Einerihts Elizabeth D. Carlson David J. Colligan Richard C. Cummings Judith M. Dean Clarke E. Eaton, Jr. S. Jay Ferrari Dennis R.1-iorrigan Philip C. Kadet Robert J. Kresse Mark V. Mistretta, En€eritns John A. Mitchell, Jr. Corinne Rice, Enterihts Victor A. Rice It my I awley Ross William R, Rupp Andrea Schillaci Mary Simpson Gretchen 'roles, Ewerihts Edward F. Walsh, Jr. Deborah Lynn Williams James ]Hornung, Fx- Dffrcio Steven Stepniak, E - Offrei(i Thomas I lerrera- Mishler, CEO I3nffrao's Olmsted Systent Parks Cazenovia Delaware Rant Martin Luther King, Jr. Riverside South llark,vays Bidwell Chapin Lincoln McKinley Porter Red Jacket Richmond Circles Agassiz Colonial Ferr Gates McClellan McKinlev Soldiers Symphony BUFFALO OLMSTED PARIS CONSERVANCY to uficctiir� parks £ lwople June 14, 2011 Commissioner Steven J. Stepniak Department of Public Works, Parks & Streets City of Buffalo 502 City Hall Buffalo, NY 14202 To Commissioner Steven J Stepniak; The Buffalo Olmsted Parks Conservancy is requesting authorization to implement an integrated pest management plan to preserve historic and high valise landscape Ash trees, Frax llus, from the invasive pest, Emerald Ash Borer, 4grilus planipennis fairmaire. Part of the IPM plan is to treat high value Ash trees with a trunk injected insecticide. Initially we will be using the insecticide, Imidacloprid, trade name Pointer produced by Arborsystems As pest pressure peaks we may use the insecticide, Emamectin Benzoate, trade name TREE -age. Written notice will be given to you before any changes in this plan are implemented. As you know, tree trunk injected insecticides are the safest application of insecticides avaiIable. Human and environmental health are of the utmost concern for myself and the Conservancy, this is why we've chosen to use this application method. The Conservancy will be using only NYSDEC certified pesticide applicators and technicians to apply the insecticide. These professionals are Robert'Stotz, Joe Torrito, and I. Also trees to be treated will be determined by ISA certified'arborists Joe Torrito and. myself. Only trees with 6 inehes or greater diameter- at breast height and of good. or fair health and sound structural stability will be treated. We will document all the treatixiel is that we.perforni in our-tree inventory: Photographs will be taken of each tree or grove of trees and loaded into each tree's file; this will give us an idea of the insecticides effectiveness and overall tree health from year to. yew The Imidacloprid will be used every other year. Based on the evidence of the infestation that we have now, we will only betreating the trees in South Park. We will intensify our monitoring efforts in Cazenovia,'Heacoek pl. and the other O.lirtsted Parks as part of our IPM stl•ategy. Treatment of trees in the. other parks will begin when there Is evidence of imminent threat to the Ash in each park. Truly, j ve—,1011, y Shane F.M. I)aley Tree Care Supervisor Buffalo Olmsted Parks Conservancy Enclosures, MSDS for Pointer insecticide, photocopy of pesticide applicator's ID cards Parksidc Lmlge 84 P.atUde Avenue- Buffalo, € Y 1 214 1.)(7W838-1249 J �uw�r >.huttaloc3hnstedp,arks.oa' 1. PRODUCT IDENTIFICATION Product Name: Pointer Insecticide EPA Reg. No.: 69117 -1 EPA Est: 69117 -NE -1 EPA Signal Word: Warning Chemical Class: Systemic Insecticide 2, COMPOSITION /INFORMATION ON INGREDIENTS Cam onent Name CAS Number Percent Ex osure Limits Imidaeloprid 138261 -41 -3 5.00% Not established Alcohol ('Trade Secret) Trade Secret > 94.00% Not established Acrylic Acid 79 -10 -7 < 0.15% 2 ppm (AGCIH TWIfWA) 1 HAZARDS IDENTIFICATION Threshold Limit Value: Not determined Primary Route of Exposure; None expected Effects of Overexposure: With the exception of the eye and skin irritation information, this hazard evaluation is based on data from similar formulations, Eye Contact: Causes substantial but temporary eye injury. Skin Contact: Slightly irritating to skin. Dermal Toxicity: Harmful if absorbed through the skin. Respiration/inhalation; Harmful if inhaled. Ingestion: Harmful if swallowed. May produce systemic and reproductive toxicity with extreme overexposure. Carcinogenicity: Not determined or expected 4. FIRST AID MEASURES Have the product container or label with you when calling a poison contol center or doctor, or going for treatment. If Swallowed: Immediately call a poison control center or doctor for treatment advice. Have person sip a glass of water it able to swallow, Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person, If Inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth-to- mouth, if possible. Call a poison control center or doctor for further treatment advice, If on Skin or Clothing: Take off contaminated clothing. Immediately rinse skin with plenty of water for 15 -20 minutes. Cali a poison control center or doctor for treatment advice. If in Eyes; Hold eye open and rinse slowly and gently with water for 15 -20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye, Call a poison control center or doctor for treatment advice. 5: FIRE FIGHTING MEASURES Flash Point: 165 °F lammable Limits: Q 1.5 (LEL Lower); @ 9.7 (UEL Upper) Fire Extinguishing Media: "Alcohol" foam, carbon dioxide, dry chemical, water spray for dilution to flan - flammable mixture. Special l=ire- Fighting Procedures: Fire fighters should use eye protection and self - contained breathing apparatus, and remove all unprotected persons from the area. Unusual Fire and Explosion Hazards: None known 6. ACCIDENTAL RELEASE MEASURES Steps to be Taken in Case Material is Released or Spilled: rick up spill with sand, earth or other non - combustible absorbent material. Do not contaminate water when disposing of equipment washwaters. Contaminated absorbent and wash water should be disposed of according to local, state and Federal regulations, This product is highly toxic to bees exposed to direct treatment or residues. This product is highly toxic to fish and aquatic invertebrates. 7. HANDLING AND STORAGE Special Precautions to be Taken When Handling and Storing: it is a violation of Federal law to use this product in a manner inconsistent with its labeling. Wash thoroughly with soap and water after handling. Do not apply to food- hearing plants. bead entire label before using. Use strictly in accordance with label precautionary statements and directions. Do not contaminate water, food, or food by storage or disposal. 8. EXPOSURE CONTROLS /PERSONAL PROTECTION Use protective eyewear and gioves when handling ArborSystems"` Direct - Inject" chemicals. Use chemical- resistant gloves made of any waterproof material such as barrier laminate, butyl rubber, nitrile rubber, neoprene rubber, natural rubber, polyethylene, polyvinylchlodde (PVC) or viton. 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Hazy amber liquid Odor: Mild alcohol Specific Gravity: 1.073 g lint (5.94 Ibs /gallon) Solubility in H2O: Virtually complete Boiling Point: Not determined Melting Point: Not applicable Vapor Pressure: Not applicable Vapor Density: Not applicable Percent Volatile: Not determined Evaporation Rate: Not determined pr JABS BS 09 -1 M OrS}78t @il'!S P.O. Box 34645 • Omaha, NE 68434 • Toll -Free: 800 -698 -4641 • Phone: 402- 339 -4459 • Fax: 402 -339 -5011 • wNiArborSystems.com The fle -Drill Injection Sa €u€ €on 1. PRODUCT IDENTIFICATION 5, FIRE FIGHTING MEASURES Product Name: Pointer' Insecticide Flash Point: 165 EPA Reg. No.: 69117 -1 Flammable. Limits: Q 1.5 (LEL Lower); @ 91 (UEL Upper) EPA Est: 69117 -NE -1 Fire Extinguishing Media: "Alcohol" foam, carbon dioxide, dry chemical, EPA Signal Word; Warning water spray for dilution to non- flammable mixture, Special Fire - Fighting Chemical Class: Systemic Insecticide Procedures: Fire fighters should use eye protection and self - contained breathing apparatus, and remove all unprotected persons from the area. 2. COMPOSITIONANFORMATION ON INGREDIENTS Component Name CAS Number Percent Exposure Limits Imidacioprid 138261 -41 -3 5.00% Not established Alcohol (Trade Secret) Trade Secret > 94,00% Not established Acrylic Acid 79 -10 -7 < 0,15°1 2 ppnl (AGCIH TLV/ WA) 3. HAZARDS IDENTIFICATION Threshold Limit Value: Not determined Primary Route of Exposure: None expected Effects of Overexposure: With the exception of the eye and skin irritation information, this hazard evaluation is based on data from similar formulations. Eye Contact: Causes substantial but temporary eye injury. Skin Contact: Slightly irritating to skin. Dermal Toxicity: Harmful if absorbed through the skin. Respiration /Inhalation: Harmful if inhaled. Ingestion: Harmful if swallowed, May produce systemic and reproductive toxicity with extreme overexposure. Carcinogenicity: Not determined or expected 4. FIRST AID MEASURES Have the product container or label with you when calling a poison contol center or doctor, or going for treatment. If Swallowed: Immediately call a poison control center or doctor for treatment advice. Have person sip a glass of water it able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by niouth to an unconscious person. If Inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth -to- mouth, if possible. Call a poison control center or doctor for further treatment advice. If on Skin or Clothing: Take off contaminated clothing. Immediately rinse skin with plenty of water for 15 -20 minutes. Call a polson control center or doctor for treatment advice. If in Eyes: Hold eye open and rinse slowly and gently with water for 15 -20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. Unusual Fire and Explosion Hazards: done known 6. ACCIDENTAL RELEASE MEASURES Steps to be Taken in Case Material is Released or Spilled: Pick up spill with sand, earth or other non - combustible absorbent material. Do not contaminate water when disposing of equipment washwaters. Contaminated absorbent and wash water should be disposed of according to local, state and f=ederal regulations. This product is highly toxic to bees exposed to direct treatment or residues. This product is highly toxic to fists and aquatic invertebrates. 7. HANDLING AND STORAGE Special Precautions to be Taken When Handling and Storing: It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Wash thoroughly with soap and water after handling. Do not apply to food - bearing plants. Read entire label before using, Use strictly in accordance with label precautionary statements and directions. Do not contaminate water, food, or food by storage or disposal. 8, EXPOSURE CONTROLS /PERSONAL PROTECTION Use protective eyewear and gloves when handling ArborSystems "' Direct - Inject "" chemicals. Use chemical- resistant gloves made of any waterproof material such as barrier laminate, butyl rubber, nitrile rubber, neoprene rubber, natural rubber, polyethylene, polyvinylchloride (PVC) or viton. 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Hazy amber liquid Odor: Mild alcohol Specific Gravity: 1.073 glml (8.94 Ibsltgallon) Solubility in H2O: Virtually complete Roiling Point: Not determined Melting Point: Not applicable Vapor Pressure: Not applicable Vapor Density: Not applicable Percent Volatile: Not determined Evaporation Rate: Not determined Pr ;tsos o9 -1 TI30e rStei225 P.O. Box 34645 • Omaha, NE 68134 Tali -Free: 800- 698 -4641 • Phone: 402- 339 -4459 • Fax: 402- 339 -5011 - vnimArborSystems.corn The No -Drill injection 5oiul €nn i t %It5 Y P.O. Box 34645 • Omaha, ME 08134 - Tall-Free: 8W- 698 -4641 Phone: 402- 3.19 -4459 . FaX' 402 -3. %J -5011 the Ffa -pr& bq=#rm SA An ArborSystems'" Direct Injectt' Chemical For systemic insect control in a wide variety of orn ame nta l trees in utility rights -of -way, urban environments, residential areas, and interior plantscapes (such as hose in domestic landscape /garden areas, public display plantings, recreation areas, highway and other transportation rights -of -gray, scenic corridors, storage areas, forest areas, campgrounds and other uncultivated, nonagricultural areas). Intended for use by professional arborists /applicators, foresters, grounds maintenance professionals and landscapers. To be used only with the ArborSystems Direct- inject Tree Injection Systems. ACTIVE INGREDIENT: Imidacfoprid (GAS No, 138261 -41 -3) .............. . . ... 5% OTHER INGREDIENT ............ .................... _g5% Totaii 105 Container Size Not Contents Al /Coiner 170 ml pack 4 fl oz (120 nil) 0.2 oz (6 g) 1000 ml pack 1 qt 2 fl oz (1000 ml) 1.8 oz (50 g) EPA Reg. No. 69117 -1 EPA Est. 69117 -NE -1 Keep Out of Reach of Children WMNINCE See below for additional pmantionary stat teirts and c�tnple3s i)irecti - tor ttso, PRECAUTIONARY STATEMENTS Hazards to humans & Dornegic Animals WARNING. Harmful if swallowed, inhaled or absorbed through skin. Causes substantial but temporary eye injury. Do not get in eyes or on clothing. Wear safety glasses. Thoroughly wash with soap and water after handling. Remove contaminated clothing and wash clothing before reuse. Have the product container o r label with y when calling a poise" control center or doctor, or going for treatment. If Swalloymd. Immediately call a poison control center or doctor for treatment advice. Have person sip a glass of water g able to swallow. Do not induce vomiting unless told to do so by the poison control center or doctor. Do not give anything by mouth to an unconscious person. If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by further treatment advice, a poison control center or doctor for If on 6ltin € r Coming: Take oft contaminated clothing. Immediately rinse skirl with plenty of water for 15 -20 minute& Cali a poison control center or doctor for treatment advice. It in Eyes: Hold eye open and rinse slowly and gently with water for 15 -20 minutes. Remove contact lenses, it present, after the first 5 minutes, then continue rinsing eye. Call a poison control center or doctor for treatment advice. ENVIRONMENTAL HAZARDS This product is highly toxic to fish and aquatic invertebrates. loo not apply directly to water, to areas where surface water is present, or to intertidal areas below the mean high water mark. Do not contam- inate water Bitten disposing of equipment wastewaters or rinsate. This product is highly toxic to bees exposed to direct treatment or residues on blooming plants or weeds. Do not apply this product to blooming plants or steeds if bees are visifing the treatment area. DIRECTIONS FOR USE - -.._. It is a violation of Federal lave to use tills product in a manner inconsistent with its label. GENERAL INFORMATION .._ _ -_ - - - - - - ---- - - - - -- -- - - ... ............. - - Do nit ittjeet food bearing plants. ARRONSY TE DIRECT -INJECT TREE I EC ON SYSTEM The ArborSystems Direct - Inject Tree Injection % is easy to us€;. Most trees are treated in as little as five minutes or less with no drilling inquired. Chemical is injected into the cambial area of the tree (tile active vascular system). There is no need to wait for absorption (translocation). Because the chemical is placed right where the tree can use it, effectiveness of the chemical is increased. Use in sunny or over- cast conditions, rainy or dry, at any time of day. its no driling or implants are required, you can treat trees year after year, with no threat of long -terra or permanent damage to the tree. Direct - Inject Systems minimize wounding and promote long -term tree vigor. PERSONAL PROTECTIVE EQUIPMENT (PPE) - - Use protective eyewear and gloves when handling ArborSystems Direct - Inject chemicals. Use chemical- resistant gloves grade of any waterproof material such as barrier laminate, butyl rubber nitrile rubber, neoprene rubber, natural rubber, polyethylene, polyvinylchloride (PVC) or viton. I S As a preventative, apply in the early spring prior to insect activity in the tree. As a remedial iron trees already shoeing symptorns of is pliable enough to accept the Chemical injections. * Adelgids (including Hemlock Woolly Adelgids) * Aphids e Armored Scales (suppression) a Asiatic Garden Beetles o Bark Beetles (including Asian Longhomed Beetle, Citrus Longhorned Beetle and IPS) ® Black Vine Weevil Larvae * Chafers * Elm Leaf Beetles * Eucalyptus Longhorned Borer * Flatheaded Borers (including Alder -Birch Borer, Bronze Birch Borer, and Emerald Asir Borer) Japanese Beetles_ * Japanese Beetle Larvae * Lacebugs Leafhoppers * Leafminers * mealybugs * Oriental Beetles * Pine Bark Beetles * Pine Tip Moth Larvae ® Psyllids * Royal Palm Bugs * Sawfly Larvae Soft Scale Insects Thrips (suppression) * Whiteflies DO _ 1 ml per 4" to 6" of trunk circumference measured within 12" of the ground. Dosage may be increased to a maximum of 2 ml per injection site for trees with diameters over 12" or with challenging insect infestations (such as Asian Longhorn Beetle, Citrus Borers, Emerald Ash Borer or Hemlock Woolly Adelgids). Note: Younger or small trees with thinner hark may be less able to retain the full dos-, per injection site; in such cases, to obtain the appropriate per -tree dosage, reduce the dosage per injection site to 0.5 to 1 ml per site and increase the number of injection sites accordingly. IOW TO USE ARRORSVSTEMS DIRECT-INJECT CHEMICA WITH A_RBORS 3N_J T UN 1. Use only ArborSystems Direct - Inject chemicals with your unit as they have been formulated specifically for the Direct- Inject system. Use of other chemicals will invalidate warranty. 2. Attach the chemical pack to the Direct- Inject unit and prepare the unit to make injections. 3. Sot the delivery volume on the unit. 4. Follow the label directions to determine the amount of chemical and number of injection sites. 5. Determine where to make injections in the bark. Generally, the injection tip is inserted into the fissure (valley) of the tree Bark. Inject thin - barked trees in the thicker part of the tree bark. Thick- barked trees require a longer injection tip. 6. Make injections working around the circumference of the tree. Bake Wedgle Tip injections within 12" of the ground. Portle@ Tip injection hei ht varies d t arid location. 7. When treating hardwoods, use Wedgle@ Tips and make injec- bons within 12" of the ground. Initially, use the shorter wedgle Tip; if no resistance is met after this initial insertion past the bark (i.e., if the ti does not reach the outer Xylem ring), withdraw the Tip, Replace the short Tip with the longer Tip to ensure the Tip fully p enetrates the bark to reach the outer xylem ring. Use Portia@ Tips when treating conifers and Palm Tips when treating.palms. 8. when the Tip is correctly inserted, firmly squeeze the injection unit handles using a smooth, slow motion. This releases a pre - measured cbenticai dose into the tree. 9. Continue making injections moving around the tree until the entire tree trunk has been treated. 10. During use, periodically dean the Direct- lnject unit to prevent clogging. STORAGE AND DISPOSAL Do not contaminate water, food, or feed by storage or disposal. Pa ici e S toMe. Store above 65 °F in original conta iner in a cool, dry place. Pesticide Disp1: Tastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility, Cc twiner DispwA. Non- refillable container; do not reuse or refill this container. Completely empty pack into application equipment, then offer for recycling if available; otherwise dispose of empty pack in a sanitary landfill. N OTICE OF WARRANTY ArborSystems warrants that this product conforms to the chemical description on the label and is reasonably fit for use under average conditions when used strictly in accordance with the directions on the labeling. ArborSyste does not make or authorize any agent or rep- resentative to make any other warranty, guarantee or representation, express or implied, Concerning this product. PolotoriD, PoriteO, and 4"Jeetg(?r- are re<,listete {i 11advn:arks of kborSysiec €,s. ArbeiSystaw,s'M, Dj(0CL_Jr11e0tTM' oar's wedgge.Clret ` "' are Uaden.arks of hbors�stwl-ls. C►freet Inject; is unit is protetted by U.S. Nie t tt5,9'Jt jQ8 wedgfe(g) Tip is protected by U.S. Patent 9;,23q,_M wedoeCheklm is protected by U.S. Patent 4x,797.215 PortleO Tip is protested by U.S. Patent #r,t 78,286 borS rst rr P.O. BOX 34645 • Omaha, €fib 68134 • Toll -Free: 800- 538 -464 t • Phone: 402 - 3,49.4459 - : 402-339 -5011 `fie Ya -iIrFH tnie�ian SsCurien J0 g�gjypWWt ,� dA 4 #3 (Rev 1 -02) 000 23 Certificate of Appointment � In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of [tie Ordinances of the City of Buffalo, I transmit this certification of appointnient(s) or promotion(s). I fiirther certify that the person(s) named in Schedule "A have been certified or approved by the Hunan ResourceslCivil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of to the Position of Recreation Instruct Permanent, Provisional, Temporary, Seasonal (Insert one) PROVISIONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of: $ 38,288 LAST JOB TITLE Community Recreation Aide LAST DEPARTMENT DPW DATE 6111 LAST SALARY $37,780 NAME Stephen Rogers ADDRESS 11 Ashland Ave. Apt. 109 CITY & ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX -5499 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 14222001 TITLE CODE NO 9210 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2010 -196 SALARY RANGE OF POSITION $34,336 - $38,:280 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/15/11 INTING AUTHORITY: C1 ;' rr ORIGINAL + 3 COPIES TO CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- l MPLOYEE(S) 7 FROM THE COMMISSIONER OF POLICE June 28, 2011 002) G # (Rev. 1193) MULTIPLE' PAGE COMMXCATION TO THE COMMON COUNCIL `� TO: THE COMMON COUNCIL: DAVE: June 21, 2011 FROM: DEPARTMENT: Buffalo Police Department On Behalf of City' DIVISION: Grants Section SUBJECT:[Justice Assistance Grant Program Renewal -- YEAR 71 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [:Item #43, C.C.P. 412 06/08/101 TEXT: (TYPE SINGLE SPACE BELOW) As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula Grants and Local. Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last six (6) years, the City has been a partner with the County of Erie, City of Lackawanna, Towns of Amherst, Cheektowaga, Tonawanda, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round seven funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and the Town of Cheektowaga, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all., the award for this year, 2011 JAG Year 7 has been cut by 17.76% when compared to last year, (from $519,025 to $426,851) which is not as bad as 2008, which was cut over 67 %. The City /County /Town of Cheektowaga must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application must be submitted by 7/21/2011. In order to file the grant application., which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the "feds" under this application process. At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $426,851 and distributing them (which will be outlined in Memorandums of Understanding) to each participating entity as follows: City of Buffalo: $391,295 County of Erie: $12,907 Town of Cheektowaga: $22,649 Unlike in previous years, under regular JAG, West Seneca received ZERO, but did receive Stimulus Funds and Amherst, Lackawanna and Tonawanda received direct funds this year and were not considered "disparate" like Buffalo. Any law enforcement or justice initiative previously eligible for funding un er or yrne izn ing is encoux'age to e aai e igl le for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $126,751 (which funds Save our Y Streets Program, Clean Street Sweeps, Citizen Participation Academy, and = #2- Page 2 (Rev. 1/93) TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW enhancement of City's 311 "one stop shopping center for access to all City services "); the Department of Community Services will receive a total of $85,895 and will direct some of these funds to continue with Drug Court activities, as well as two (2) youth intervention /prevention programs: Code of Conduct and Anti Crime. As stated above, the Buffalo Police funding will include the $40,000 to continue; partial funding for the Juvenile Prosecutor in the District Attorney's Office and $138,548, which will be dedicated to overtime (gang suppression, bike patrols, curfew, homeland security since we lost overtime funding, quality of life selected enforcement activities, and other directed enforcement activities). The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application. In addition, we were just recently notified about the submission for this renewal. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. DD:mao TYPE: DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE: DEPARTMENT HEAD TITLE POLICE COMMISSI SIGNATURE OF DEPARTMENT DEAD: Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 21, 2011, be received and filed; and That the Commissioner of Policy: be and. he hereby is authorized to submit an application for .TAG funding to the United States Department of Justice upon the same material terms as stated in the above communication. Passed. 21. TAB:rmv t AwpWunswordVrmv121 c6-28a. doc r_ 4 f. * AYE * NO * * FONT ANA * FRANCZYK * GOLOE * KEARNS LOCURT4 * x * PRIMEN * RIVERA * RUSSELL * S maj L 2I3 ®6 q *o 3/4- 7 € i FROM THE COMMISSIONER OF FIRE .Tune 28, 2011 94 (Rev 7 -07) « 0 0/ 5 Certificate of oin n In compliance Avith provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the.City of Buffalo, I transmit this certif€cation orappoiut €nent(s) or prornation(s). I further cer tify th t pers on(s) named in Schedule "A" have been certified or approved by the Hrumn Resources /Civil Service for the Appointment Effective: 0613412011 in the Department of FIRE Division of to the Position of ffm Motor Equipment Mechanic Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVISIONAL Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) INTERMEDIATE Ent et Starting Salar : Starting Satan of 23 729 - 39,536 { LAST JOB TITLE NAME GREGORY FEENEY LAST DEPARTMENT DATE ADDRESS 402 HINMAN AVENUE LAST SALARY CITY & ZIP BUFFALO, NEW YORK 14216 LAST 4 DIGITS OF SSN. XXX -XX -6698 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 9213600' TITLE CODE NO 6150 BUDGET ACCT. OBJ. 411001 PROD, ID PERSONNEL REQ, NO 2010«170 SALARY RANGE OF POSITION FLAT PER YEAR DAY HOUR YEAR NAME OF APPOINTING AUTHORITY: GARNELL W. WHIT FIELD, JR. TITLE OF APPOINTING, AUTHORITY: FIRE COMMISSIONER DATE: 5130I P41 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK_ (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- .HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(8) fj F � FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES June 28, 2011 To: The Common Council: Date: June 21, 2013 From: Department Permit & Inspection Services Division: Office of Livens Subject: [: Food Store (New) [: 428 NIAGARA(Ellicott ) _ ( Type iRU erand) [: Lower Case Only 1 [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 428 (aka 418 NIAGARA ST) (LIN ASIAN MARKET /KE IM NIAUNG SOE) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, l=ire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PSA 9 -�- a AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: LIN ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 418 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 715 -2696 COUNCIL DISTRICT:. POLICE DISTRICT: APPLICANT NAME: KHIM MAUNG SOE APPL. PHONE: (716) 884 -1046 APPLICATION NUMBER: 561396 REFERRAL DATE: 04/04/2011 REMARKS: DISAPPROVAL REASON: DATE: l DATE: ( --- , APPROVED DISAPPROVED DISAPPROVAL CALLBACK (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 'REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR DATE: NEW LICENSE 2012 EX$ . AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 � W INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: LIN ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 418 NIAGARA LOCATED AT: DISAPPROVED BUSINESS PHONE: (716) 715 -2696 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: 0 APPLICATION NUMBER: 561396 REFERRAL DATE: 04/04/2011 NEW LICE 2012 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK AFTER .INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppShp2.rpf En CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST 'DEPARTMENT: HOUSING PROPERTY INS D TO: KEVIN FITZGERALD APPLICATION FOR: LIN ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 418 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 715 -2696 COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: KHIM MAUNG SOE APPL. PHONE: (7I6) 884 -1046 APPLICATION NUMBER-. 561396 REFERRAL DATE: 04/ 04/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PROVED DISAPPROVED DISAPPROVAL CALL RACK DATE: DATE: DATE: NEW LICENSE 2012 'REASON FOR DISAPPROVAL MUST BE ,STATED BELOW*** REMARKS: INSPECTOR A l ' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. TITANIC YOU, RnpSrinx.rpr CITY OF BUFFALO ` OFFICE OF LICENSES r 301 CITY HALL (716) 7152696 BUFFALO, NEW `YORK 14202 POLICE DISTRICT: INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: LIN ASIAN MARKET LICENSE TYPE: FOOD STORE 0 -� () BUSINESS ADDRESS: 418 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 7152696 COU NCIL DI STRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: () APPLICATION NUMBER: 561396 REFERRAL DATE: 04/04/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: r � DISTRICT CAPTAIN: Vim l APPROVED DISAPPROVED NEW LICENSE 2OI2 e v,, �, &AkE 4vvw //) DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: 6. AFTER INSPECTION PLEASE COMPLE'T'E AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rpt `�` A CITY OF BUFFALO OFFICE OF LICENSES 341 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: LIN ASIAN MARKET LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 418 NIAGARA .LOCA'T'ED AT: DATE: BUSINESS PHONE: (716) 7152696 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: 0 APPLICATION NUMBER- 561396 REFERRAL DA'Z'E: 04/0412011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2012 r, (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED SATE: / _ � DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR �I EXT C 5 I - Y -.�, AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES THANK YOU. AppSlrp2.rpt fee ® Restaurant Dance • Floor Show $367.50 • rive Music $210.00 • Mechanical $131.25 • Public Dance (based on sq ft) • GoGo Dancing $131.25 • Skating Rink $210.00 • Bowling Alley per lane $31.50 # lanes • Billiard Parlor per table $31.50 # tables Corporation Name L Business Phone _ Business Name (dba) � 1!7tiA eN Business Fax ( ) Business Address (no PO Box) 1419 Mailing Address (if different) NYS Tax ID # -- _ Business Website E- Mail �t�„ C Owner(s)/ Principal Partners +�--' CC9` Applicant (lasts first) 1 - - _ .�` Home Phone Home Address: (PO Box not acceptable) �R �714 t�P � 7 (9 Date of birth - - Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn t9 before me thi!�_ day jJ commissi ar of eels and for the 0 of $a o, New York For office use only Date issued: of Birth fee Restaurant Take Out $ 88.00; } F od Store 115.00 .�i J" CL! Ze additional questions. f C eat Fish Poultry 150.0 � ® Caterer $ 88.00/ 0 Bakery ® 0 -2 employees fee ® Restaurant 1 -200 seats $174.00 ® 201 -400 seats $250.00 ® 400+ seats $350.00 (on premise consumption of food and/or beverage) 1:1 Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ® Coin Control Amusement # games _ per game $17.25 E3 Arcade # games ____ per game $4725 D Music mechanical - $52.50 rl Music live, no dancing $52,50 ® hews Stand $63.00 fee ® Restaurant Dance • Floor Show $367.50 • rive Music $210.00 • Mechanical $131.25 • Public Dance (based on sq ft) • GoGo Dancing $131.25 • Skating Rink $210.00 • Bowling Alley per lane $31.50 # lanes • Billiard Parlor per table $31.50 # tables Corporation Name L Business Phone _ Business Name (dba) � 1!7tiA eN Business Fax ( ) Business Address (no PO Box) 1419 Mailing Address (if different) NYS Tax ID # -- _ Business Website E- Mail �t�„ C Owner(s)/ Principal Partners +�--' CC9` Applicant (lasts first) 1 - - _ .�` Home Phone Home Address: (PO Box not acceptable) �R �714 t�P � 7 (9 Date of birth - - Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn t9 before me thi!�_ day jJ commissi ar of eels and for the 0 of $a o, New York For office use only Date issued: of Birth fee Restaurant Take Out $ 88.00; } F od Store 115.00 .�i J" CL! Ze additional questions. f C eat Fish Poultry 150.0 � ® Caterer $ 88.00/ 0 Bakery ® 0 -2 employees $ 63.00 ® 3 -10 employees $105.00 ® 11 -15 employees $157.00 ® 26 -50 employees $315.00 ® 51 -200 employees $525.00 fvl� r 14`T.s' Home Phone I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely falBllment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. Initial _ As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Signature ' -- — Date U E .1. The store will be open no earlier than 7:00 a.m. every business day and will close no later than 1:00 a.m. Sunday through Thursday and will close no later than 2:00 a.m. on Friday and Saturday. An unlocked business door after the aforementioned hours of operation shall constitute a violation of this condition. 2. Working surveillance cameras shall be installed within one year of this notice to monitor both the interior and exterior of the store and shall remain in place and in operation at all times. Tapes and other data recorded on said cameras will be kept for at least 60 days after its capture and shall be shared with law enforcement agencies and authorities upon request. 3. Signs shall be conspicuously posted in a way that advises patrons that the premises are under video surveillance. 4. No loitering signage shall be posted conspicuously on the premises and anyone loitering in or around the perimeter of the premises shall be dispersed by store management or employees. 5. The windows of the store shall remain free from any signage, advertising, boards or other objects that obstruct one's view into the inside of the store from the outside and prevent natural light from entering the store through the windows. 6. The exterior of the property shall be properly lit; should the City of Buffalo's Department of Permit and Inspection Services request additional luminary devices, the Licensee shall comply within the timeframe specified in the request. 7. The exterior of the property and its grounds shall remain free and clear from all trash or debris on the premises from the facade of the building to the curb line shall be considered a violation of this condition. 8. The Licensee or his/her agents shall not sell single cigarettes and/or possess untaxed cigarettes on the premises. 9. The Licensee shall not permit anyone to park on the premises in a manner that violates the Charter and Code of the City of Buffalo. 10. Failure to comply with any of these conditions shall result in the immediate revocation of the license followed by a hearing and determination regarding the alleged violations within sixty (60) days thereof. Maj 6 2/3- 6 3/4- 7 . AYE INCA FONTANA GOLOE KEARNS .LSD TO PRIDGEN RIVERA RIU ELL , SNHM fl 0 0 2 '? To: The Common Council: Date: June 21, 2011 From: De�rtment Permit & Insaection Services Division: Office of Licenses Type in Upper and I 1. Lower_Case I Subject: [: Food More (New). [: 278 TRUNTON(Ellicott ). Prior Council Reference: (If Any) [: Ext. ( Item No, xxx C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 278 TRENTON (S & 5 FOOD MART /SHAIF MUSLEH FADHEL) and find that as to form is correct.. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER Signature of Department Head: JC: PS: rf 1-4 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY MALI., BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: S & S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS; LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DIS'T'RICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 278 TRENTON 855 -0387 EL 10 SHA1F FADHEL 602 -5446 561665 04/27/2011 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) �APPRQVE DISAPPROVED DISAPPROVAL CALL RACK *TREASON INSPECTOR / !f DATE:_ _- DATE: DATE: AL MIDST BE STATED BELOW"* AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Apps"PIrp, CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: S & S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: LOCA'T'ED AT: BUSINESS PHONE: COUNCIL DIS'T'RICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL, REASON: 278 TRENTON 855 -0387 EL 10 SHAIF FADHEL 602 -5406 561655 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) (APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RM# ECT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSllp2.rpl CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO; NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: S & S FOOD MART LICENSE TYPE: FOOD STORE BUSINESS. ADDRESS: 278 TRENTON LOCA'T'ED AT: BUSINESS PHONE: 8550387 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: SHA1F FADHEL APPL. PRONE: 602 -5406 APPLICA'T'ION NUMBER: 561665 REFERRAL DATE: 04/27/2011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2Q12 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED 'T'O) APPROVED DATE:' DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK 'REASON OIL . ISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR EXT i AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlrp2.rpi CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION/APPROVAL REQUEST AUL+ INU Y / JJErAtd"1 Mk;N'f: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: S & S MOOD MART LICENSE TYPE: FOOD STORE 0-3 BUSINESS ADDRESS: 278 TRENTON LOCATED AT: BUSINESS PHONE: 855 -0387 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: SHMF FADHEL APPL. PHONE; 602 -5106 APPLICATION NUMBER: 561665 REFERRAL DATE: DISAPPROVAL REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) r APPROVED DATE:_ DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED DATE: DISAPPROVED DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rp1 CITY OF BUFFALO OFFICE OF LICENSES 301 CITY MALL oou BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: S & S FOOD MART LICENSE TYPE: FOOD STORE NEW LICENSE 2012 BUSINESS ADDRESS. 278 TRENTON LOCA'T'ED AT: BUSINESS PHONE: 855 -0387 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: SHAIF FADHEL APPL. PHONE: 602 -5406 APPLICATION NUMBER: 561665 REFERRAL DATE: 04/27/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED k DATE: f DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: * *TREASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: � r.. INSPECTOR RM # EXT'' AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appslip2rpl 3 65 Niagara Sq, City Mall Room 301 Bufal.o NY 14202 Phone (715) 851-4078 Fax (716) 8514952 All information . on this farm is public record. . ® bail 13 Walk -in Sole Proprietor 13 Corporation 0 Partnership fee 0 Restaurant 1 -200 seats $174.00 ® 201 -400 seats $250.00 0 400+ seats $350.00 (on premise consumption of food and/or beverage) 0 Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ® Cain Control Amusement # games _ per game 0 Arcade ## games _ per game ® Music mechanical 0 Music live, no dancing 13 News Stand $47.25 $47.25 $52.50 $52.50 $63.00 0 Public Dance (based on sq ft) 0 GoGo Dancing $131.25 0 Skating Rink $210.00 ® Bowling Alley per lane $31.50 # lanes 13 Billiard Parlor per table $31.50 4 tables El Limited Liability Company fee Restaurant Take Out $ 88.00 Food Stare $115,00 See additional questions. 13 Meat Fish Poultry $150.00 13 Caterer fee 13 Restaurant Dance Business Fax IJ Floor Show $367.50 Ll Live Music $2.10.00 13 Mechanical $131.25 0 Public Dance (based on sq ft) 0 GoGo Dancing $131.25 0 Skating Rink $210.00 ® Bowling Alley per lane $31.50 # lanes 13 Billiard Parlor per table $31.50 4 tables El Limited Liability Company fee Restaurant Take Out $ 88.00 Food Stare $115,00 See additional questions. 13 Meat Fish Poultry $150.00 13 Caterer $ 88.00 0 Bakery Business Fax 13 0 -2 employees $ 63.00 ® 3 -10 employees $105.00 13 11 -15 employees $157.00 13 26 -50 employees $315.00 ® 51 -200 employees $525.00 Business Phone (7/4) d"5- ;2 Riot Business Flame (dba) � � � ®� � 0. Y Business Fax ( } Business Address (no Po Box) e 'rt+� a°� a , Q 0 Corporation Name Mailing Address (if different) NYS Tax ID # — Business Website Owner(s)/ Principal Partners Applicaimt {last, first} Horne Address: Box not acceptable) G e v Date of birth Place of Birth Co-Applicant (last, first) B -Mail Home Phone 71b- S33 —fl?9RV CD . lt! Rome Phone Rome Address: (PO Box not acceptable) Bate of birth Place of Birth o c� M: cry _ h3 , C0 t Describe your specific business activity in detail. G " Ce r S°o lf-e scribed and sworn to befor me :198 day ofv�ZO s Con �,,York For office use only I am aware of the obligation to provide timely notice of any change in rewired information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. initial 5 l- As an authorized agent of the entity identified above, I certify the information or this form is trite, correct, complete and current to the best of my knowledge and belief. Application No f Date issued: Signature s - Date 00028 To: The Common Council: Date: June 17, 2011 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Restaurant Dance Class III 67 W Chippewa St (75 'W Chippewa) [ (new owner) (euu) Prior Council Reference: (If any) [: Ext. Item No. xxx, C.C.P. xx /xx /xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 67 W Chippewa Street (aka 75 W Chippewa), dba Pure Live, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports "from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Devin Overly. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 0111993) COMERFORD, COMMISSIONER CITY OF AL LICENSE APPLICATION 4---rp 65 Niagara Sq. City Hall Roam 301 Buffalo, NY 14202 Phone(716)851 m4078 Fax (716} 8S 1 -4952 -- All information on this form is public record., 0 Mail 0 Falk -in Type of Entity: 0 Soje Proprietor ® Corporation El Partnership ® Limited Liability Company ® Restaurant 1200 seats $174:00 0 201 -400 seats 1 0 ®400 +seats $350.00 (on premise consumption of food and/or beverage) Certificate of Inspection $56. (Public Assembly) Restaurant 50+ seats 0 Coin Control Amusement # games per game $47.25 ® Arcade # games _ per game $47.25 0 Music mechanical $52.50 fee ® Restaurant Take Out $ 88.00 ® Food Store $115.00 See additional questions. 0 Meat Fish Poultry $150.00 ® Caterer $ 88.00 ® Bakery ® 0 - 2 employees $ 6300 ® 3-10 employees $105.00 1111-15 employees $157.00 fee ® Restaurant Dance ® Floor Show 67.50 'm Uve Music -- sm 0.00 ® Mechanical 5 0 Public Dance (based on sq ft) 0GoGoDancing $131.25 ® Skating Rink $210.00 ® Bowling Alley per Iane $31.50 # lanes 0 Music live, no dancing $52.50. ® Billiard Parlor per table $31.50 ® 26 -50 employees $315.00 0 News Stand $63.00 # tables 0 51-200 employees $525.00 Corporation Name i C o'L Business Phone Business fume (dba) Business Fax Business Address (n170 Bo j 15 W. G 4 b ;& ft( V lA �D 2 Mailing Address (if different) 4j E -Dail Home Phone �101`797 113 �g Co-Applicant (last, frst) Home Address: (P© Box not acceptable) Date of birth. Home Phone Place of Birth Describe your specific business activity in detail. Subscribed and siypT to'before me this �- - day oV.,o 20 Comm ssioner of Deeds in and fo the City of Buffalo, New York For office use only Date issued: `1 oc=o I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal anchor civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Date tp 1 11 BYRON W. BROWN Mayor CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES ClAi 44 DIRECTORS .OFFICE JAMES COMERFORD, Jr. Deputy. Commissioner PATRICK SOLE, Jr. Director z .. � 0 It Number: 1978 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of B uffalo, the st at 67 CHIPPEWA NEST AKA 75 C IPPE A WEST Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any -violation of a la or or nance found to exist subsequent to the issuance of the certificate, i.e. cony . co :liance i ap icable codes and ordinances is required. Director of Permits & Inspec ° ns Date Issued: 6/13/201 Building Classification: Type 3b ordinary unprotected occupancy: A -2 Building Permit(s) Number: N/A Date Issued: N/A Building Inspector: escb® R obert Date of Inspection: 6/7/201.1 Receipt Number: 502529 Portion of Building being inspected and certified: 1ST AND 2N F LOORBAR ARE AS "PURE" FOR SL.A CERTIFICATION. 65N IAGARA S(3UA1tl / 3(14 C ITY 1 CALL / I3UI'FAL0, NY 14202 -33t)3 / (716) 85I -6596 / FAX: (716)851-48R9 /I iil: �snfc rs city- 6u €iala.cam CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY I DEPARTMENT: OFF. OF ZONING & USE :REFERRED TO: FRANK DE GENNARO APPLICATION FOR: PURE LIVE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE; COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PIONS: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 67 CF-IIPPEWA WEST (716)853 -5555 EL 03 DEViN OVERLY (801) 787 -3863 560493 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlipl.rpt i CITY OF BUFFALO OFFICE OF LICENSES 301 CITE'' HALL BUFFALO, NEW YORK 14202 INSPECTION /APPlCtO`61AL REQUEST AGENCY / DEPARTMENT: POLICE REFERRED TO: CONWSSIONER OF POLICE APPLICATION FOR: PURE LIVE LICENSE TYPE: RESTAURANT/DANCE � BUSINESS ADDRESS: 67 CHIPPEWA WEST BUSINESS PHONE: (716) 853 -5555 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APPLICANT NAME: KEVIN OVERLY APPL. PHONE. (801) 7873863 APPLICATION NUMBER: 560993 REFERRAL DATE: 02/17/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED HATE: 3 - d DISAPPROVED IRATE: ip APPROVED DATE: REMARKS: DISTRICT CAPTAIN: W A C A� t r AppSlip2.rpf \T NEW LICENSE 2012 r CHRIS BURBANK CHieF OF POLICE }RALPH SECKER MAYOR February 3, 2011 Dear Mr. Overly, A name search, of the records of the Salt Lake City Police Department indicate that there are no records listed for the subject as an adult {18 and over) under the following names /aliases and DOB's listed below in our jurisdiction for the last 10 years. 1. SUBJECT: Overly, Devzn Paul Sincerely, Searched b orma Approved by Rec upervis SUBSCRIBED AND S'W'ORN TO BEFORE ME THIS 3rd DAY OF February 2011, IN THE STATE OF UTAH, COUNTY' OF S:ALT � ef - ■ j l ], /TSY f"1 /1l F1 .rY'!Y l'fYAaT �'sS l'f�Tf'�r�t a— ; LAKE I 31 5 EAST 200 SOUTH, P.M. BOX 149497, SALT LAKE OETY, UTAH 1941114.9497 TELEPHONE. B ©1- 799.31300 FAX: B®1.799.3557 nigvq LEi] pAplN 000`1 nay Communication to the Common Council To: The Common Council: Date: June 20, 2011 From: Department Department of Permit & Inspection. Services Division Office of Licenses Subject: [, Sidewalk Cafe (427 Elmwood Avenue [: New Owner Prior Council Reference: (if any) [: Ext. Item No. xxx C.C.P, xx /xx/xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 427 Elmwood .Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for EPIC. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 01/1993) L rford, Jr. Commissioner ab PERMIT & INSPECTION SERVICES BROON W. BROWN Mayor OFFICE OF LICENSES 65 Niagara Square 301 City Rau Buffalo NY 14262 (716) 851e4 / FAX (716) 8514952 A PPLICATION _ i Applicant Nance Business Nance > L L C, P.1 business a ln z:zl-D h114 -tS street city Requirements: 1. Applicant has a restaurant License. (Restaurant License Number JAMES COMERF00, Jr. Commissioner Date Phon & - ��� `� p/ � � Phone Y state ZI P /13: 2. General Liability Insurance naming the City of buffalo as additional insured. Name the Office of Licenses Room 301, Buffalo NY 14202 as the policy holder with a ten (10) day cancellation clause. 3. Dimensions of the cafe 50 X Ir® Number of tables Number of chairs 4. Describe method of installing cafe boundaries ( ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe ma not be permanently armed to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A mm* irnum of four feet of uninterrupted public sidewalk must exist after installation. of t:he cafe. Use the reverse side if needed. before me this Natary PnWo,Stste of NOW Yotk OLIWIfied In F-RlE CST' My CommIWon FXPUas 051241 11 Signature of owner of building, if different than applicant CITY OF BUFFALO OFFICE OF LICENSES 301 CITY �� E HALL T q +p B UFFALO, L NE YY. ORK .14202 INSPECTION/APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: ZONING APPLICATION FOR: EPIC LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAMR: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE. 427 ELMWOOD (716) 816 -9565 NI 06 ADEL ALI (716) 834 -3607 562922 06120/2011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) SQUARE FOOTAGE APPROVED DATE; DISAPPROVED DATE: DI SAPPROVAL DATE: CALLBACK ** *REASON FOR DISAPPROVAL MIDST BE STATED BELOW * ** INSPECTOR 06 EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rp1 Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspections Services dated June 20, 2011, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized to issue a Sidewalk Cafe License for a 30' x 7' sideway.. cafe pursuant to Chapter 150 of the City Code to Ben Elway, LLC d/b /a EPIC for 427 Elmwood Avenue upon the terms and conditions included in the application therefore and any additional terms and conditions deemed necessary by the Commissioner or his designee, Passed. 26. TAB :rtnv t: lwp6Olniswordl:nnv126c6- 2$a.doc * AYE * NO FONTANA FRANCZYK GOLD EK E,A►)[S LOCURTO PREDGEN VERA RUSSELL Syff Maj 5 2/3m 6 3/4- 7 1 �. Communication to the Common Council To: The Common Council: Date: June 17, 2011 From: Department Department of Permit .& Inspection Services Division Office of Licenses Subject:: Sidewalk Cafe 1318 Hertel Avenue New Owner Prior Council Reference: (if any) [: Ext, Item No. xxx C.C.P. xx /xx /xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1318 Hertel Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laves. The attached application is thereto for Mel's Tavern. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC :cap #1 (Rev. 01 /1993) )'l PERMIT & INSPECTION SERVICES BRYWN W. BROWN Mayor OFFICE OF LICENSES 65 Niagara Square 301 City Hail Buffalo NY 14202 (716) 851 - 4078 / FAX (716) 8514952 JAMES COI MRFORD, Jr. Commissioner Date A p plicant Name �� /G (Q x2 0 Phone r �j Business Name �J / / Phase Business Address lql, �— IVY street city Requirements: 1. Applicant has a Restaurant License.. (Restaurant License Number state - , 7 - // zip I�� 6 " eneral Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses Room 301, Buffalo NY 14202 as the policy holder with aten (10) day cancellation clause. 3. Dimensions of the cafe AL 1 = / � -O plumber of tables Number of chairs 4. Describe method of installing cafe boundaries ( ex, wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe ma not be ermanent affixed to the main building or the public sidewalk. 5. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed and sworn before me this day of 20/1 Commissioner of Deeds in and for the Ci of Buffalo Signature of owner of building, if different than applicant CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 IImISPECTION /APPIiQV MAJ. AGENCY / DEPARTMENT: OFF, OF ZONING & USE REFERRED TO: APPLICATION FOR: MEL`S TAVERN LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: LOCATED AT EASINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DA'Z'E: I � U - il k[ DISAPPROVAL REASON: 1318 HERTEL (702) 856.9699 DE 17 SALVAI'ORE MILOR0 (702) 856 -9699 562547 06/07/2011 NEW LICENSE 2011 (TO BE COMPLETER BY AGENCY/DEPARTMENT REFERRED TO) SQUARE FOOTAGE � APPROVED - � PROVEID DISAPPROVAL CALLBACK DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR f RM4 EXT f AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appfflip2rpt Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspections Services dated Vine 17, 2011, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized to issue a Sidewalk Cafd License for a 8' x 17' sidewalk caf6 pursuant to Chapter 150 of the City Code to Salvatore S. Miloro d /b /a Mel'S Tavern for 1314114ertel Avenue upon the terms and conditions included in the application therefore and any ad itional terns and conditions deemed necessary by the Commissioner or his designee. Passed. 27. TAB:rmv ( 7\%vp60knisword\:rinv127c6 -28a. dor, .*AYE*NO* FONT ANA LOCURTO PRIDGEN Yf RIVERA RUSSELL SMTH maj 5 2/3- 6 3/4- 7 0.0031 Communication t® the Common Council To: The Common Council: Date: June I, 2011 From: DepartmentDe artment of Pez nit Tons ecfion Services Division Office of Licenses Subject: : Sidewalk Cafe 11.607 Hertel Avenue (aka 1633 Hertel) [:New Owner Ubc-L) Prior Council Reference: (If any) [: Ext. Item No, xxx C.C,P. xx/xx/xx: Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafd License located at 1607 Hertel Avenue and find that as to fornr is correct. This Sidewalk Cafd had been previously approved by the Common Council. I hind it complies with all regulations and other applicable laves. The attached application is thereto for Allegro Cafd'. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 01/]993) �y PERMIT & INSPECTION SERVICES BRYAN W. BROWN Mayor OFFICE OF LICENSES 65 Niagara ,Square 301 City Hall Buffalo NY 14202 (716) 8514 / FAX (716) 851 4.952 JAMES COMERiF'ORD, Jr. Commissioner APPLICATION for a SIDEWALK C f Date Applicant Name Business Dame Business Address Phone Phone street city zip Requirements: I. Applicant has a Restaurant License. (Restaurant License Number (l 2. General Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses Room 301, Buffalo NY 14202 as the policy holder with a ten (I0) day cancellation clause. 3. Dimensions of the cafe A f f Number of tables __?L Number of chairs 4. Describe method of installing caf6 boundaries (ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe mUgot be permanently affixed to the main building or the public sidewalk. 5.. Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation of the cafe. Use the reverse side if needed. Subscribed an worn before me this .rte- v nn 1 �� a t. �s• ,. , Commissioner of Deeds'in and fol& City of Buffalo Signature of owner of building, if different than applicant i CITY OF BUFFALO OFFICE OF LICENSES 301 CITY BALI, BUFFALO, .NEW YORK 14202 INSPECTION /APPRO.VAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: DAVID GRUNDY APPLICATION FOR: ALLEGRO CAFE LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: 1607 HERTEL LOCATED AT: 1633 HERTEL, BUSINESS .PHONE: (716) 874 -3321 COUNCIL DISTRICT- DE POLICE DISTRICT- 17 APPLICANT NAME: BRYAN BUCHANAN APPL. PHONE: (835) 0430432 APPLICATION NUMBER: 562850 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: NEW LICENSE 2011 (TO IIE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) SQUARE FOOTAGE APPROVED ,: DISAPPROVED DISAPPROVAL CALLBACK DATE: 9 ` f DATE; DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW ** REMARKS: INSPECTOR L'ItM# LY EXT I AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSIFp2.rpt Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspections Services dated .Tune 15, 2011, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized to issue a Sidewalk Cafe License for a 30' x 5' sidewalk cafe pursuant to Chapter 150 of the City Code to Brian Buchanan dlbla Allegro Cafe for 1607 Hertel Avenue upon the terms and conditions included in the application therefore and any additional terms and conditions deemed necessary by the Commissioner or his designee. Passed. TAB:rmv t:\Nvp60ktiisword\:niiv\28c6-28a.doc. } %3 3�' 1 AYE NO FONTANA • FRA NC Z YK �• 1 ' gg EK ]K EARN S g pO Tg PRED G E N g g� R IVE R ' X RUSSELL S IVHTH M N E I . aj �. 5 314— 7 k a %3 3�' 1 0003 41 (Rev. 1/93) Single Page Communication to the Common Council 0 To: The Common Council: Date: June 14, 201.1 From: Department of Ec onomic. Development, Permit & Inspection Services Division: Office of Licenses . Subject: [: Used Car Dealer [: 538 Pearl St (Ellicott) � Type in Upper and [: Lower Case Only I [: Prior Council Reference: (If Any) [; Ext. ( Item No. xxx C.C.P. xx/xx/xx Text (T e Sin le S ace Below): Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 538 Pearl St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Wane Barnes. The attached thereto for Wane Barnes dba/ Bigg -Dogg Inc. This request is submitted for your approval or Whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEG Type Department Head Name: Tyne Title: Signature of Department Head: JC:PS Jad �q a � F� Interdep ; Da te: June 14, 2011 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services E: Common Council Communication Used Car Dealer at 538 Pearl St, Per ty of Buffalo Ordinance Chapter 254, the following is a check Iist of requirements for fs Car realer application to the Common Council. Office (Cert. of Compliance) Ere Prevention 'Building Inspection (Cert. of Compliance) Police Department Police Record Check Application BYRON W. BROWN Mayor CIT OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPEC'T'ION SERVICES An � DIRECTORS OFFICE JAMES COMERi-ORD, Jr. Deputy cornmissionur C on i I o n I PATRICK SOLE, Jr. Director Certificate of Compliance Number: 1981 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 538PEARL Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner W there is any iolation of a law or ordinance found to exist subsequent to the issuance o t e cert ate, i. . cons` ued compliance with applicable codes and ordinances is required. Director ofPermits & InsbeAtions Date Issued: 6/1312011 Building Classification: Type 2b n oncombustible unprotected occupancy: -2 Building Permit(s) Number: 166479 Date Issued: 4111120 Building Inspector: Felseho y R obert Date of Inspection: 616120 Receipt Number: Per Permit Portion of Building being inspected and certified: A LTER USE TO INCLUDE A USED CAR LOT, ** *CONDITIONS * ** NOT TO E 5 B 65N I AGAPA tiC3flAltt3 / 3f11 CITY I lAf,i -/ 111, NY 142112 -#3413 / em)) 8511 -(1596 / I ;S \: 1(1) 851 -488111 / h:mail: psolc akih buffalo.com CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BIGG -DOGG INC. LICENSE TY USED CAR DEALER BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 538 PEARL ST (716) 604 -1740 EL 00 WANE BARINES (716) 580 -3178 561484 01/12/2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED � r APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK 6t 'REASON FOR DISAPPROVAL MUST BE STATED BELOW*** REMARKS: INSPECTOR INSPECTION /APPROVAL REQUEST NEW LICENSE 2012 DATE: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. dppsfiy2.rp CITY OF BUFFALO OFFICE OF LICENSES 301 C1TY.HALL BUFFALO, NEW YORK 1 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT. POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BIGG -DOGG INC. LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 533 PEARL, ST LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS * * *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** DISAPPROVAL, REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: ! m DISAPPROVED REMARKS: (716) 609 -1740 EL 00 WANE BARNES (716) 580 -3178 561484 04/1.2/2011 Police Record Attached DATE: DISTRICT CAPTAIN: Uji [ ►A� e NEW LICENSE 2012 LW- APPROVED DATE: _.. -- -- __ - - -- DISAPPROVED DATE: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. AppSrp2,p V. 3196) AP PLICATION LEASE FORM Pi- Buffalo Police Department Identification Section 74 Wankliff Street Huffald ; New York 14202 There is i .V0.00 fde to process this data. By trail, paymeni MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cosh. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self addressed envelope so thaC this information can be mailed to you, Complete all the information Listed below said have your identification and signature verified by-a' Notary ou WILL NOT receive the requested listed on the bottom of this application. Without total compliance to these instructions , y information. ALL SIGNATURES M RE ORIGINAL EN NAIL - NAM OF APpLICA . NT: SIGNATURE OF STA`I , OF NEW YORK ) COUNTY OF BRIE ) �S CITY OF BUFFALO } DATE Qn the day of � ,� ��� r : , 2 , before me personally appeared to me known to be the same person described in, and who executed the foregoing instrument and acknowledged the execution Cher of. , 71. 1 twary (ionic, :s7 ,_e of ildtJ QWM1W Ll e,-La CW* N Pub - / Co issio r of Deeds A,TION SECTION PERSONNEL * T LE D $ IU RECORD ATT.A.C1fIE A VERIFfED BY: yE` l�l(? RE�GI�D �N FILE, DATE 'I�RIF'IED NOTE: IISE ®�' THIS ]�F'D1�TI�1� YS NC)T DA~SED ®N FINGERI'111T �El`1Tl<FICA.TI ®IV. DO N ®T RET, AYIFF &U DAYS ®1 DATE V E D- I Subscribed " L d HuuiiLY D. .4r-ANT +4w Ln Efte I am aware of the obligation to provide timely notice of any change in required i imin rmation, and I have informed all owners, managers, or other principals of their and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. oerore me 'Lo ZZ andand f� York As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief, ame P&uc- --�. Signature � Date f - 2- �e 'Z -M CITY OF BUFFALO -: 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851-4952 - gt " All information on this form is public record BUSINESS LICENSE AP PLICATION fee fee' Used Car Dealer $262.50 ® Tire Handler 1 $118.00 Tire Storage Information El Second Hand Dealer 10 -1000 tires Inside Storage yes no $118.00 0 Tire Handler H $262.50 Outside Storage yes —no over 1000 tires; Include NYS Environmental Conservation Laiv Part 360; Storage plan and ® Scrap Processor $ 78.75 General Liability hsurance at least $50,000 ® Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 ® Wholesale Junk Dealer $262.50 must contain, 10 clay cancellation clause with 11-25 tables $155.00 the certificate holder as City of Buffalo, Office x-26 tables .$210,00 of Licenses Room 301, Buffalo NY 14202 Corporation Name C C. Business Phone (I 1Z.) t'4 - i 4 Business Name (dha) Business Fax Bti$ti3�SS 1 ddiess '(noPDlox) '•> Cd�i Mailing Address (if different) NYS Tax ID # - _ Business Website E-mail Owner(s)/ Principal Partners Applicant (last first) f S 1 - Home Phone S c,= ` i °l Home Address; C O Box not acceptable) '` Er t-t tZ. Date of birth A Place of Birth ;z r t x t i Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. ,, � CJU- Subscribed " L d HuuiiLY D. .4r-ANT +4w Ln Efte I am aware of the obligation to provide timely notice of any change in required i imin rmation, and I have informed all owners, managers, or other principals of their and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. oerore me 'Lo ZZ andand f� York As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief, ame P&uc- --�. Signature � Date f - 2- �e 'Z -M FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING June 28, 2011 City Clerk's Department BUFFALO June 28, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 33 PASSED .tune 28, 2011 Proposed Agreement Buffalo and Erie County Workforce Development consortium, Inc. to Administer The Payroll Functions of the Mayor's Summer Youth Employment Program Gerald A Chwalinski City Clerk y I JUN 2 8 2011 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: June 21, 2011 FROM: DEPARTMENT: Community Services & Recreational Programming SUBJECT: City's Department of Community Services & Recreational Programming's Proposed Agreement with Buffalo and Erie County Workforce Development Consortium, Inc. to Administer The Payroll Functions of the Mayor's Summer Youth Employment Program The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Buffalo and Erie County Workforce Development Consortium, Inc. ( "WDC ") to administer the payroll functions of the Mayor's Summer Youth Employment Program (the "Youth Program "). WDC will involve Workforce Corporation of Buffalo and Erie County ( "WCBE ") in WDC's administration of the Youth Program payroll functions. The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months in valuable on the job work and life experience ventures. Until recently, the Youth Program administration (management, set up, payroll functions, wind down, wrap -up and etc.) had been done through various City offices or departments, most recently through the City Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day management, troubleshooting and administration. Last year the City engaged PAL to perform certain of these functions. PAL is not available this year for these purposes and the Department of Community Services and Recreational Programming will perform these functions except for the payroll. The City's engagement of WDC to directly oversee the payroll function aspects of the Youth Pro ram will result in the Cit 's ouch bein better served, The Youth Program's funding from City budget sources for this summer (City's fiscal year 2011 -12 �0 budget beginning July 1, 2011) is expected to be at least $1,000,000, with up to $950,000 thereof allocated to WDC for Youth Program purposes. and salaries for the participating. youth. Direct operation and management by WDC of the payroll functions of the Youth Program with assistance from WCBE is expected to streamline Youth Program operations and management and is expected to also facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific .authority to enter into an agreement in form and substance acceptable to the Department and fund up to $950,000 from the Department to WDC to help administer the payroll functions of the Youth Program , 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual Implementation of the above tasks and objectives. SIGNATURE: DEPARTMENT HEAD NAME: Otis T. Barker TITLE: Deputy Commissioner Agreement for Management, Implementation and Delivery of Services for the City of Buffalo through the Department of Community Services &`: Recreational Programming THIS AGREEMENT is made effective as of the day of July, 2011 by and between the CITY OF BUFFALO, a municipal corporation existing under the laws of the State of New York, having an office at Room 1701 City Hall, Buffalo, New York 14202, through the City's Department of Community Services & Recreational Programming (hereinafter "City ") and Buffalo and Erie County Workforce Development Consortium, Inc., a New York not for profit corporation, having its principal office at 720 Exchange Street, suite 030, Buffalo, New York 14210 (hereinafter the "Subrecipient "). WHEREAS, the City by its Common Council has directed or is about to direct funds (the "Funds ") in the amount of up to $1,000,000 from the City's general revenues to a "Mayor's Summer Youth Employment Program" line item in the budget of the City's Department of Community Services & Recreational Programming: and WHEREAS, the Subrecipient has proposed a management program (the "Management Program ") to fully and directly oversee payroll aspects of the Mayor's Summer Youth Employment Program; and WHEREAS, the payroll Management Program by Subrecipient will assist the Department of Community Services & Recreational Programming in overall effectiveness in implementing and facilitating the youth work and life experience enhancement aspects and objectives of the time honored Mayor's Summer Youth Employment Program targeted by the City with the Funds; and WHEREAS, the parties hereto wish to agree upon the terms and conditions for implementation of the payroll Management Program through the Subrecipient so that the Department of Community Services & Recreational Programming can more effectively and properly oversee and manage the non- payroll functions of the City's Mayor's Summer Youth Employment Program and more fully effectuate the youth work and life experience enhancement objectives which are the basis and foundation of the Mayor's Summer Youth Employment Program. NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set forth herein, the parties hereby agree as follows, :,. ; e AFT : ,i, • The Subrecipient agrees to oversee (or to otherwise cause an entity associated with Subrecipient known as Workforce Corporation of Buffalo and Erie County — hereinafter referred to as WCBE - to oversee some or all of) the payroll aspects of the Mayor's Summer Youth Employment Program, The City's Department of Community Services and Recreational Programming will fully carry out the non- payroll and day to day management, set up, 1, operations, troubleshooting and Program will be carried out in strict compliance with all statutory and regulatory requirements, and all other applicable laws and regulations. The Scope of Work shall be that set forth in the Scope of Services contained within the Management Program Description and Management Program Exhibit A. Subrecipient is generally responsible compliance and all required reporting under this organizational documents from the Subrecipient. ar e Exhibit D attached hereto and made a part hereof. h '4 Budget attached hereto as for assuring and enforcing Agreement. The required those that are set forth on The parties agree the Management Program shall begin as of July 1, 2011 and expire on November 30, 2011 unless such dates are changed in accordance with the provisions of this Agreement. The provisions of this Agreement herein may in the City's discretion be extended to cover any additional time period during which the Subrecipient remains in control of Program funds. Notwithstanding the foregoing, the actual start and finish of the Mayor's Summer Youth Employment Program itself and the work detail for the youth will all take place in July and August of 2011, it being the understanding that Subrecipient's administrative wind down and wrap up functions in connection with the Management Program will likely extend into the Fall of 2011. The Subrecipient understands that at the conclusion of the November 30, 2011 contract term that any unused Funds could be reallocated by the City for other purposes and uses. 3. AMOUNT OF FUNDING AND PAYMENT FOR PROGRAM SERVICES City agrees to pay allowable Management Program costs of the Subrecipient in an amount not to exceed 195Q City understands that since this money is to be used to fund the payroll of the Mayor's summer Youth Program, it is essential that sufficient funds for that purpose be paid in time for each of the three payrolls contemplated by this agreement. Therefore, one third of the total amount owing shall be paid to the Subrecipient by July 18, 2011, a second third of the total amount by August 1, 2011 and the remaining one third by August 15, 2011, in accordance with and limited by the Management Program Budget. The Subrecipient agrees to submit and maintain all proper fiscal records and documentation in accordance with fiscal procedures, as established from time to time by City, and fiscal procedures and requirements applicable to 501(c)(3) not for profit corporations, effecting in a timely manner any changes required by the City. 4. DEFAULT BY the Subrecipient Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, including but not the Subrecipient or any successor to the Subrecipient, City has the unilateral right to immediately terminate this Agreement with a full reservation of all other rights, or City may in its sole discretion allow the Subrecipient the opportunity to cure within the parameters that follow. The Subrecipient (or successor) shall, upon written notice from City, proceed immediately to cure or remedy such ; default or breach, within thirty (30) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within said time, City may institute such actions or proceedings as may be necessary or desirable in its discretion to cure or remedy such default or breach; and/or may exercise its rights or remedies pursuant to the other terms and provisions of this Agreement. Notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4, the City reserves the right to suspend any and all operations of the Management Program for a period not to exceed seven (7) days for any reason, upon twenty -four (24) hours written notice to the Subrecipient specifying the reasons therefore. In the event that such notice of suspension is served, the Subrecipient shall be entitled to a reasonable opportunity, within the twenty -four (24) hour period preceding suspension, to discuss the reasons therefore directly with the Commissioner. The decision to impose any or all suspensions shall be within the sole discretion of the City through the Commissioner or his designee. The Subrecipient agrees not to make any claim, or cause or allow any claim to be made, for or on behalf of any employee, organization, or other person, for salaries or other Management Program expenses during any period or periods of time in which Program operations are suspended under this provision. In the event of suspension, the City may withhold any and all further payment(s) under this Agreement. The City, through the Commissioner, may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and guidelines, policies or directives as may become applicable at any time; or b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; or c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any material respect. The Commissioner, notwithstanding anything to the contrary contained in the terms and provisions of paragraph 4 and 5, above, may, at any time during the term of this Agreement or any extension thereof, terminate this Agreement without cause or in the event the terms and conditions hereof are not fully complied with by the Subrecipient, by giving the Subrecipient seven (7) days termination, the City may withhold all further payment under this Agreement. Requests for amendment or modification of this Agreement shall be made in writing specifying the changes sought and the reasons therefore. The Subrecipient's requests for amendments or modifications relative to its Management Program shall be submitted in writing to the Commissioner or her designee. Should the parties consent to modification of this Agreement, then an amendment or modification will be drawn, approved and executed in the same manner as the original Agreement. Requests for modification across budget class items or to add budget cost categories should be submitted in writing to the Commissioner. Such modifications will result in no change in the total amount or the terms of this contract. The Commissioner and her staff will monitor the Subrecipient's Management Program. Such monitoring may consist of but will not be limited to on -site inspections of Management Program reports, documents, records and activities at any time with or without prior notice and inspection of program financial records and books upon twenty -four (24) Fours advance notice. The Commissioner will monitor the performance of the Subrecipient against goals and performance standards as stated in this Agreement, Substandard performance as determined by the Commissioner will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Commissioner, Agreement suspension or termination procedures will be initiated. City does not assume and shall not be held liable for any costs, debts, or liabilities incurred by the Subrecipient or any officer, agent or employee of the Subrecipient, incurred beyond the scope of this Agreement, and the Subrecipient agrees to hold the City of Buffalo and the Commissioner harmless from any such cost, debt or liability arising out of the Subrecipient's activities related to this Agreement. The youth participating in the Mayor's Summer Youth Employment Program shall be employed by Subrecipient (or by WCBE) and not by the City. The Subrecipient agrees to submit any and all invoices and claims for costs and expenses for the operation of the Management Program within ninety (90) days after the date of termination of this Agreement, or any extension thereof, under any termination provision of this Agreement. In the event of termination, City will pay for all properly incurred expenses and costs of the Subrecipient up to and The obligations of City to the Subrecipient under this Agreement shall be limited to up to $950,000 of appropriate Management Program expenditures and the ' availability of said funds. The Subrecipient shall maintain and provide in an orderly and timely manner, as directed by City, an original and two copies of any and all reports, documents and records of Management Program operations and procedures mandated by any and all federal, state, local or departmental statues, rules, regulations, laws, or ordinances in effect, promulgated or enacted during the term of this Agreement or any extension thereof. Such reports, documents and records shall be considered the property of the City and shall be maintained in an orderly manner by the Subrecipient for a period of thirty -six (30) months beyond any termination date of this Agreement, or any extension thereof, without cost to City. City in its sole discretion may direct the immediate delivery of any and all such reports, documents and records in an orderly manner to City, upon termination of this Agreement or any extension thereof, for any reason. The Subrecipient agrees to comply with a direction for orderly delivery of any and all such reports, documents and records within seventy -two (72) hours, or forfeit any unpaid claim which the Subrecipient, or any officer, agent, or employee of the Subrecipient, may have against City for unpaid wages, salaries, fringe benefits, or any other cost disbursement, fee, or debt rising from the operation or termination of this Agreement. The Subrecipient agrees and stipulates to conduct its Management Program in strict accordance with the requirements and procedures of the Commissioner and shall maintain all records that are pertinent or related in any way to the activities to be funded under this Agreement. The Subrecipient shall maintain all records and proper documentation of all activities carried out in furtherance of the Management Program including but not limited to: A. Records providing a full description of each activity undertaken together with statements setting forth exactly how the activity undertaken or expenditure made has had a positive impact in the community; B. Records in full demonstrating that each activity undertaken benefits the community; C. Registration documents, if applicable, on file at the organization's office; D. Financial records; E. Dally log and time sheets of each employee with total hours worked and hours devoted solely to Management Program and all related youth employment activity; F. If applicable, payroll records detailing hours and amounts paid, withholdings in accordance with laws and regulations; and G. Payroll reports evidencing compliance with payroll reporting required by federal and state regulatory agencies; and H. Contracts for any agreements which facilitate the implementation of the Scope of Services; and documents supporting allowable charges to the Program; and Evidence of payment for all costs claimed for reimbursement in connection with the Management Program; and K. Petty cash expenditures and reimbursements therefore are capped at , $1,000 in the aggregate for the duration of the Management Program. Except for receipted petty cash items, all expenses must be paid by check. Subrecipient must have an imprest petty cash system with adequate controls and approvals and petty cash must be used only for small dollar purchases (e.g., less than $50.00). Subrecipient must provide a written description of the petty cash system to the Commissioner prior to the approval of any petty cash cost claims; and L. Itemized fixed asset records showing date of purchase, vendor, cost, serial or other identification number, source of funding, etc, Asset details should be reflected on fixed asset acquisition forms and disposition forms that should be prepared using City approved forms or their equivalent; and M. Minutes of the meetings of the Subrecipient's board of directors, and N. Any other record that City may require during the term of this Agreement. M Such information shall be made available to City monitors or their designees for review upon request. The Subrecipient shall submit to City regular reports as follows: A. Quarterly requests for reimbursement of allowable Management Program costs, in a form as established by the City; B. Reports detailing the daily or weekly activity reports of Subrecipient's activities shall be attached to each claim for reimbursement; C. A year end fixed asset inventory, if applicable; D. A copy of Subrecipient's annual audited financial statements and auditor - prepared management letter; and E. A copy of Subrecipient's annual Single Audit report; and any other report that City may require during the term of this Agreement. The Subrecipient agrees to send appropriate representatives to any training sessions held by CITY to explain or implement the above requirements and federal regulatory issues. The Subrecipient agrees that City may withhold payment of any part of the costs of the Management Program for failure to provide and maintain requested documentation, submit Management Program reports in a format and on a schedule acceptable to the Commissioner. The Commissioner reserves the right on a case by case basis to waive and/or to require additional documentation in his sole discretion. In case of any ambiguity in the terms of the Management Program, the preparation and maintenance of any and all reports, documents, and records, the administrative or fiscal procedures to be followed, and the interpretation of any and all federal, state, local, or departmental statutes, rules, regulations, laws or ordinances, the matter must be immediately submitted to the Commissioner who conclusive upon the Subrecipient to the extent provided by the law. Only upon mutual agreement of both parties to this Agreement, the City may withhold payment of any part, up to ten percent (10 %) of the total costs for the ` Management Program, until such time as the Management Program close out procedures have been completed to the satisfaction of the City. The Subrecipient hereby agrees and stipulates that upon the expiration of this Agreement or upon termination of this Agreement, the Subrecipient shall transfer to the City any funds provided under this Agreement on hand at the time of expiration or termination along with any other accounts receivable attributable to the use of said funds. The Subrecipient represents that none of its employees, officers, compensated members, or consultants benefiting from this Agreement (except for Colleen Cummings) are or for the duration of the term of this Agreement will be employees of the City of Buffalo nor are their immediate family members employees of the City of Buffalo nor will their employees, officers, compensated members, or consultants obtain a financial interest under the terms of this Agreement, either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter, unless such potential conflict is identified and waived by the Commissioner. Violation of the terms of this Agreement shall be cause for termination of this Agreement, and a voidance of any benefit to the Subrecipient otherwise created for the Subrecipient concurrent with the Conflict of Interest. The Subrecipient shall report: all conflicts of interest for review by the Commissioner by the submission of the report enclosed as Exhibit C. The parties agree that the Subrecipient and its officers, agents, and employees shall neither claim nor represent by use of any work, symbol, seal or logo that any individual engaged in Management Program activity or the Management Program itself or the Subrecipient is any City division, department, officer, agent, employee, or part of the government or administration of the City of Buffalo. Provided, however, that in all public statements or communications regarding the Management Program and or the Mayor's Summer Youth Employment Program, the Subrecipient shall indicate in some manner that the City furnishes funds for the Management Program and implementation of the Mayor's Summer Youth Employment Program. 17. ,ASSIGNMENT The Subrecipient agrees not to assign, transfer, convey, or otherwise dispose of this Agreement or any Management Program funds or any right, title, obligation, or interest it may have therein, without prior written consent from the Agreement, or any right, title, or interest therein without prior written consent of the Commissioner will relieve City of any and all liabilities and obligations growing out of this Agreement to the Subrecipient or to the person or corporation to which this Agreement shall have been assigned, transferred, conveyed, or otherwise disposed of and the Subrecipient and its assignees or transferees shall €, forfeit and lose all moneys theretofore earned under this Agreement. It is hereby mutually stipulated and agreed that this Agreement shall not become effective and shall not be binding or of any force unless and until the Commissioner shall endorse hereon a certificate that there remains unexpended and unapplied a balance of the appropriation or funds applicable to this Agreement sufficient to pay the expenses of executing this Agreement, as they appear herein. The Subrecipient and WCBE shall jointly and severally defend, indemnify and save harmless the City and City's officers and employees from all claims, suits, actions, damages, losses, and costs of every name and description to which the City may be subjected or put by reason of any injury to the person or property of another, or the property of the City, resulting from the negligence or carelessness, active or passive, of the Subrecipient, WCBE its or their employees, agents or subcontractors (or other pass - through) in the performance of any work, and or funding of any activities under this Agreement or with regard to the Management Program. The insurance coverage described in Section 20 below must include language that states that the insurance carrier will defend the City for any and all claims resulting from this Agreement or the Management Program and or the Subrecipient's (and /or WCBE's) implementation of the Mayor's Summer Youth Employment Program. Furthermore, the whole, or so much of the money to become due under this Agreement as shall be considered necessary by the City, may be retained by it until all suits or claims for damages shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the City. The Subrecipient (and /or WCBE as appropriate) shall provide proof of the following insurance through production of a Binder or insurance certificate in a form approved by the Commissioner as to the following. A. Insurance Type /Description 1. a. Workers' Compensation and Employer's Liability Insurance - covering the Subrecipient as named insured for its liability under the law. The Subrecipient and /or WCBE shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement and for all youth participating in the Mayor's Summer Youth Employment Program. by law and if required by the City. 2. Comprehensive Bodily Injury and Property Damage Liability ` k insurance, naming the City of Buffalo as additional insured with at least the following limits. a. General Aggregate $1,000,000. b. Products- Completed Operations Aggregate Limit $1,000,000, c. Personal and Advertising Injury Limit $1,000,000 d. Each Occurrence Limit $1,000.000 3. Comprehensive Automobile Liability Insurance - Combined Single limit of at least $1,000,000 covering bodily injury and property damage. B. Each insurance policy and certificate of insurance shall contain a provision providing that it shall not be canceled by the Subrecipient or insurance company without thirty (30) days written notice to City of its intention to cancel. C. Insurance policies shall only be written by insurance companies authorized to do such business in the State of New York, covering operations under this Agreement. D. The Subrecipient andlor WCBE as appropriate shall supply a certificate of insurance which names the City of Buffalo as additional insured. PAI In the event of any conflict or ambiguity between the general provisions of this Agreement and the special provisions of the Exhibits, the general provisions of this Agreement shall take precedence. 1. Payment Procedures a City will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent and limited by the approved budget. Payments will be made for eligible expenses actually incurred by (or to be incurred by) the Subrecipient , and not to exceed the total aggregate sum of up to $950,000 under this Agreement. 2. Progress Reports - The Subrecipient shall submit regular Progress Reports to the Commissioner in the form, content, and frequency as required. If the Subrecipient fails to submit such reports, all fund payments may be suspended under this Agreement, The Subrecipient shall comply with City's current policy concerning the purchase of equipment and capital assets and shall maintain inventory records of all with funds provided herein. At the termination of this Agreement all property and equipment, at the discretion of the Commissioner, may remain in the possession of the Subrecipient for the purpose of winding down or wrapping up Mayor's Summer Youth Employment Program functions. At any time such services are no longer provided, or if the Subrecipient entity shall cease , to exist, such property and equipment shall at the discretion of the Commissioner become the property of the City. Unless specified otherwise within this Agreement and as applicable, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of the Commissioner. Any equipment purchase in excess of $2,000.00 or capital outlay requires at least 3 bids be considered prior to such purchase or outlay. Subrecipient must document this process thoroughly. 24. It is agreed and understood that The City is not obligated to disburse more than up to $950,000 under this Agreement. City's obligations under this Agreement are subject to and conditioned upon Common Council approval and BFSA approval. IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Commissioner of the Department of Community Services & Recreational Programming or his designee and the Subrecipient has caused this Agreement to be duly executed in its name by its duly authorized representative on or as of the first day above written. M Signature of officer Date Print name and title of officer Workforce Corporation of Buffalo and Erie County joins in and signs this Agreement for purposes of effectuating and facilitating pertinent indemnification and insurance provisions as set forth in the Agreement. Signature of Officer Date (Print) Name & Title of Officer r CITY OF BUFFALO By: Department of Community Services & Recreational Programming Deputy Commissioner Otis T.. Barker, Sr. EXHIBITS: A. Scope of Services and Program Budget B. Reserved C. Conflict of Interest Disclosure D. Organizational Documents STATE OF NEW YORK ) COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of , in the year , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to the be 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 individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds STATE OF NEW YORK ) COUNTY OF ERIE ) S.S. CITY OF BUFFALO ) On the day of , in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to the be individuals) 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 individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public /Commissioner of Deeds EXHIBIT A and B PROPOSED SCOPE. OF WORK/MANAGEMENT PROJECT BUDGET SCOPE OF WORK The Subrecipient has agreed to fare on payroll aspects of the Mayor's Summer Youth Employment Program for 2011. The Department of Community Services & Recreational .Programming will be responsible for fully carrying out all set -up day to day management, troubleshooting and administration, wind down, wrap up and all other non - payroll functions associated with running the Mayor's Summer Youth Employment Program in 2011. The Budget is up to $950,000. Subject to actual funding from the City of Buffalo in the City's 2011 -12 budget. All of the up to $950,000 is expected to be put towards the youth salaries with the exception of certain administrative expenses. The attached budget more fully sets forth the expected actual flow of funds for the summer employment of the youth. WDC ESTIMATE OF COSTS TO PROCESS THE CITY OF BUFFALO 2011 SUMMER PROGRAM THROUGH THE WORKFORCE CORPORATION OF BUFFALO AND ERIE COUNTY Gross Wages per employee 20hrslwk @7.25/hr for 6 weeks $870.00 Fringes per employee: ER FICA @ 7.65% $66.56 Worker's Comp and NYS DBL @ 2.35% of Gross Wages $20.45 Cost per Employee $957.00 Subtotal - Wages & Fringe (969 Youth for 6 weeks) $927,333.00 ADP Costs (see ADP Processing Cost Worksheet) $13,055.36 Bank Charges @ $644/Month for 2 Months $1,288.00 Postage ( W -2 Mailing and other) $600.00 Audit Casts $3,000.00 Administrative Staff Costs $4,490.00 Subtotal - Cost of Program Operation $22,433.36 Total Program Cost $949,766.3.6 Note: UI is on a the reimbursement method, not on a percentage of payroll. ** please note these are estimates and assume processing within 3 business days from period end date, assumes no special runs or manual checks. EXHIBIT C Conflict of Interest Disclosure The Contractor represents that none of its employees, officers, compensated members, contractors or consultants are, or for the duration of this agreement will be, employees of the City of Buffalo nor are their family members or in business relationships with employees of the City of Buffalo. nor will their employees, officers, compensated with members, contractors or consultants obtain a financial interest either for themselves or those whom they have immediate family or business ties, during their tenure or for one year thereafter. The Subrecipient must formally disclose all potential Conflicts of Interest to the City. Disclosure: Are you, or are you related to (by blood, marriage, act of law, or business relationship) any person who is an employee of the City of Buffalo. TC YES re NO If yes, a full disclosure must be forwarded on official letterhead to the Commissioner. The notice must include: Name: .lob Title or Position: Disclosure must include: 1. Name of Relation 2. Department 3. Position 4. Relationship The Subrecipient acknowledges receipt of this policy and verifies that all appropriate parties have been apprised of their obligation to disclose all potential conflicts of interest. 7 Date t ORGANIZATIONAL DOCUMENTS ORGANIZATIONAL DOCUMENTS Articles of Incorporation/ By -Laws Tax Status Certification 501 (c) (3) List of Board of Directors Most Current Audit Board By -Laws Board Minutes for Most Recent Meeting - Signed by Board Secretary Agency Brochure or Narrative Outline of Services Available Staff Sign -In Sheets Activity Sign -In Sheets Resumes of Chief Administration and Chief Fiscal Officers Conflict of Interest Statement Mission Statement Strategic Plan Insurance Certificate Policy & Procedures — Human Resources Organizational Chart Annual Report Annual Operating Budget Monthly Financial Report Mr. Fontana moved: That the above communication from the Deputy Commissioner of Community services Recreatkon t'roggated :Tune 21, 2011, be received and filed; and That the Deputy Commissioner of Community Services & Recreational Programming and his Department are hereby authorized to: 1. Enter into an Agreement in form and substance acceptable to the Department and fund up to $350,000.00 from the Department to WDC to help administer the payroll functions of the Youth Program. 2. Take all such steps and actions and to execute and /or process such additional documentation, agreements and/or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement; and That the Acting Corporation Counsel and other City and Department personnel are further authorized to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. Passed. 30. TAB:rmv KW!_ l O; RIVES x RUSSELL � FROM THE COMMISSIONER OF HUMAN RESOURCES June 28, 2011 000311 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: June 12, 2011 FROM: DEPARTMENT: human Resources SUBJECT: (: Approval of contract with BiueCross BlueShield of Western New York (: for the administration of City of Buffalo employee prescription drug benefits PRIOR COUNCIL REFERENCE: (IF ANY) (: Ex. Item No. xxx.C.C.P.xxlxxlxx TEXT: (TYPE SINGLE ;�I'ACE BLO'1 Attached for your Honorable Body's review and approval is a contract with BlueCross BlueShield of Western New York to serve as third -party administrator of the City's self-insured employee pharmacy benefits plan. The proposed Contract would enable the City to maintain employee pharmaceutical benefits on a self-insured basis, with BlucCross BlueShield of Western New York as administrator of the employee benefit program. TYPE DEPARTMENT HEAD NAME: Olivia Licata TYPE TITLE: Acting Commissioner, Department of Duman Resources SIGNATURE OI' DEPARTMENT READ: � � a R CO ON FINANCE* Rq r PRESCRIPTION THIS AGREEMENT ( "Agreement ") is entered into as of the 1st day of August 2011 (the "Effective Date ") by and between the City of Buffalo, a municipal corporation of the State of New York, having its principal place of business at 65 Niagara Square, Buffalo, New York 14202, ( "Employer ") and BlueCross BlueShleld of Western Now 'York', having a principal location at 257 West Genesee Street, Buffalo, New York 142022657( "BCBSWNY "). BCBSWNY and Employer may be referenced herein individually as a "Party" and collectively as the "Parties ". WHEREAS, Employer has arranged to provide certain prescription drug benefits for certain employees and former employees of Employer and of companies affiliated with Employer ( "Affiliated Employers ") on a self - funded basis under the Employer's and/or Affiliated Employer's Health Care Flan for Prescription Drug Benefits ( "Plan "); and . WHEREAS, BCBSWNY has expertise in various aspects of health plan administration and claims adjudication; and WHEREAS, Employer wishes for BCBSWNY to perform as a third party administrator of the Employer's self - insured pharmacy benefits as of the Effective Date, and it is desired by Employer and BCBSWNY that BCBSWNY provide certain services with respect to the Flan in accordance with the terms and conditions hereinafter set forth: NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, Parties hereto agree as follows: For purposes of this Agreement, the following terms have the meanings set forth below unless the context or use clearly indicates another meaning or intent. Other terms are defined where they first appear in the Agreement. 1.1 "Affiliate" means any entity that controls, is controlled by, or is under common control with BCBSWNY. 1.2 "COBRA" means the continuation of coverage provisions of Title X of the Consolidated Omnibus Budget Reconciliation Act of 9985, as amended, and regulations promulgated thereunder. 1.3 "Diabetic Mandate" shall mean the New York State Insurance Law mandating coverage of certain equipment, supplies and services for the treatment of diabetes, as currently codified at Section 4303(u) of the New York State Insurance Law, as may be amended, including any regulations implemented in connection therewith. A copy of the Diabetic Mandate in effect as of the Effective Date is attached hereto Incorporated herein as " Exhibit F ". licensee of the BlueCross BlueShield Association. Legal #103606 v6 Matter; 11 -10714 Contract: 5758 _1_ 1.4. "Diabetic Mandate Services" shall mean any and all equipment, supplies and /or services for the treatment of diabetes that are currently required to be covered by pursuant to the Diabetic Mandate. 1.5 "Effective Date`" means the date described in the first paragraph of this Agreement. 1.6 "ER /SA "means the Employee retirement Income SecurityAct of 9974, as amended, and regulations promulgated thereunder. 1.7 "Plan Document" means the plan document, summary plan description or other written description of the Plan that Employer provides to BCBSWNY and designates as the controlling document for purposes of claim adjudications under the Plan, including any amendments thereto. SECTION 2.1 Enrollment Data. A. Employer shall provide to BCBSWNY enrollment data for each Participant who becomes covered under the Plan as of or after the effective date of this Agreement. "Participant" means: (i) anyemployee or f©rmeremployee of Employeror an Affiliated Employer who is covered under the Plan; (ii) any individual who is covered underthe Plan as a "qualified beneficiary" pursuant to COBRA; and (iii) any individual who is covered under the Plan as the spouse, child, or qualified domestic partner of an individual who is a Participant. under (i) or (ii). A list of Affiliated Employers is set forth in Exhibit A . "Enrollment data" means, for each Participant: full name and address; 2. marital status; 3. date of birth; 4. effective date of coverage; 5. names and birth dates of dependents to be covered; 6. date of employment; 7. Social Security number; 8. information regarding the coverage of the Participant and any covered dependents under any other group health plan other than the Plan; 9. Primary Care Physician (PCP) information; and 10. Participant gender. Legal #103606 v6 Matter: 11 -10714 Contract: 5758 -2- B. "Enrollment data" shall include all information required by the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder. "Enrollment data" shall also include such information regarding a Participant's coverage under the Plan prior to the Effective Date as is needed by BCBSWNY in order to process claims for benefits under the Plan, including, but not limited to, the P'articipant's claims history, preexisting conditions, satisfaction of deductible and co- payment limits, and status with respect to benefit limitations under the Plan. Enrollment date shall be in a form acceptable to BCBSWNY. BCBSWNY reserves the right to, in its sole discretion, modify, expand or restrict the definition of "Enrollment .Data." C. Enrollment data with respect to an individual who will be a Participant as of the Effective Date shall be provided to BCBSWNY not later than ten (10) business days prior to such Effective Date. Enrollment data with respect to an individual who first becomes a Participant after the Effective Date shall be provided to BCBSWNY not later than five (5) business days after the date said individual becomes a Participant. D. Employer shall provide BCBSWNY with notice of any change to the enrollment data with respect to a Participant not later than five (5) business days after Employer is aware of such change. E. Employer shall provide BCBSWNY with notice of a Participant's ineligibility for coverage under the Plan not less than seven (7) days prior to the date of such ineligibility. Employer agrees that, in the event BCBSWNY is not provided with such prior notice of a Participant's ineligibility, Employer will fund benefit claims of such individuals which are incurred by the individual and authorized by BCBSWNY under the Flan after the date of such ineligibility and until seven (7) days after the date BCBSWNY receives notice of the individual's ineligibility. upon proper notification by Employer of a Participant's ineligibility, the Administrative Fee defined in Exhibit G shall be adjusted effective the month following notification of the Participant's ineligibility. The Administrative Fee, shall not be adjusted retroactively due to the ineligibility of a Participant. F° BCBSWNY shall rely upon such information in processing claims for benefits under the Plan and in making certain filings with New York State on behalf of Employer in accordance with Section 37 of this Agreement. To the extent that Employer has failed to provide Enrollment Data to BCBSWNY, BCBSWNY shall not be liable for any action it has taken or failed to take on behalf of Employer or any Participant if its receipt of information would have caused a different action by BCBSWNY. 2.2 Other Data. Employer shall provide BCBSWNY with all other materials, documents and information relating to the Plan and its Participants needed by BCBSWNY to perform the benefit payment function and other services in accordance with this Agreement, including, but not limited to, the Plan Document and other communications to Participants regarding the Plan. The Plan Document shall be the basis on which BCBSWNY processes benefit claims under the Plan. 2.3 Establishment of Bank Account. A. Employer shall make an advance deposit into account maintained by BCBSWNY as Legal #103606 v6 Matter: 11- 10714 Contract: 5758 -3- 4� t thousand six hundred seventy dollars and fifty cents ($536,6 76.50) which small be the approximate equivalent of the anticipated claims volume under the Plan for a two -week period. The claim deposit fund may be adjusted by BCBSWNY each month, based upon a change in the volume of claims paid under the Plan. BCBSWNY shall give written notice to Employer of the amount of any increase required; and Employer shall, within one business day of receipt of the notice, wire transfer the requested amount into the account. If the requested amount is not transferred into the account by Employer within one business day of Employer's receipt of the notice, BCBSWNY may immediately stop processing claims. B. On the first business day of every other week, BCBSWNY shall notify Employer of the amount of funds necessary to pay benefit claims which were processed by BCBSWNY during the previous two weeks, and Lmployershall wire transfer such amount to BCBSWNY by Friday. Additionally, at the end of each month, BCBSWNY shall notify Employer of the amount of the surcharge payable by the Plan forsuch month under sections 2807-j and 2807 -s of the New York Public Health Law, in accordance with Section 3.7 of this Agreement. If Employer fails to make any payment within five (5) business days of its receipt of initial notification from BCBSWNY, BCBSWNY shall provide Employer with a second notice of the amount due. The second notice shall include a late fee of 2% of the amount due as set forth on Exhibit C . If Employer fails to make any payment, including any applicable late fees, within two (2) days of receipt of the second notice, BCBSWNY may cease payment of Participant claims, may cease processing Participant claims, and shall have the right to terminate this Agreement as provided in Section Six. In no event shall BCBSWNY be responsible for payment of Participant claims for benefits or other authorized expenses of the Plan in excess of the amount of funds provided to BCBSWNY by Employer. If BCBSWNY does make payment of Participant claims for benefits or other authorized expenses for which Employer has failed to transfer Funds to BCBSWNY, BCBSWNY shall be entitled to full reimbursement by Employer and said payment by BCBSWNY shall not constitute a waiver or prejudice of its right to full reimbursement. Funds transferred to BCBSWNY by Employer shall be used for the following in the order indicated: I . disbursement of benefit payments to providers and Participants in accordance with the terms of the Plan; and 2. payment of all other authorized expenses of the Plan. C. Employer shall designate employees to serve as authorized contacts for BCBSWNY regarding transfers, transactions or other issues under this Section 2.3. 2.4 Benefit Claim Forms. Employer will. maintain a supply of benefit claim forms supplied by BCBSWNY in accordance with Section 3.3 of this Agreement. Employer will distribute or otherwise make claim forms available to Participants. 2.5 Compliance with ERISA. If the Plan is subject to ERISA, Employer shall be solely responsible for ensuring that the Plan satisfies the applicable requirements of ERISA. Employer, not BCBSWNY, shall be the administrator of the Plan as that term is defined in ERISA. Employer shall be responsible for determining whether the Plan is subject to ERISA and shall provide written notice of its determination to BCBSWNY. 2.6 Compliance with Internal Revenge Corte. Employer shall be solely responsible for the Plan's compliance with any applicable requirements of the Internal Revenue Code. Legal #1 03646 v6 Matter: 11 -1 0714 Contract: 5768 -4- s 2.7 Reporting and Disclosure. Employer is responsible for any and all reporting and disclosure requirements imposed on the Plan pursuantto federal law, which may include, but is not limited to, the annual preparation of Internal Revenue Service ( "IRS ") Form 5500 and related schedules. BCBSWNY may, at the request of Employer and for an additional fee as agreed by the Parties, assist Employer in compliance with applicable reporting and disclosure requirements. 2.8 participant Contributions. Employer shall collect any contributions required by the Plan from the Participants. If required by law, Employer shall establish and maintain a trust to which Participant contributions shall be deposited in accordance with applicable laws and regulations and Employer shall hold BCBSWNY harmless from any failure by Employer to do so. 2.9 Stop -Loss Insurance. Employer, not BCBSWNY, shall be responsible for securing stop - loss insurance if such coverage is desired by Employer. Employer shall be responsible for providing any stop -loss insurance carrier(s) with accurate information required or necessary for the underwriting of any insurance issued to Employer. BCBSWNY, in its sole discretion, may provide data and reports regarding Employer's Participants' claims to Employer's stop - loss carrier (if any) subject to the provisions of Section 43. BCBSWNY may require any such Employer's stop -loss carrierto execute a Confidentiality /indemnification Agreement. If mutually agreed to by the Parties, BCBSWNY shall provide Stop Loss coverage under a Stop Loss Policy. 2.98 Liability. Employer shall be responsible for any delay in the performance of the administrative and claims service caused by the failure of Employer to promptly furnish any required information or claim funds to BCBSWNY. 2.91 Fees. Employer shall pay fees to BCBSWNY as set forth in Section 7 of this Agreement 2.12 Plan Document. Employer shall be responsible for preparing the Plan Document and for ensuring that the Plan Document complies with applicable laws and regulations. If Employer amends the Plan Document to change the benefits provided under the Plan, it must provide BCBSWNY with written notice of such change not less than 90 days prior to the effective date of such change, and Employer shall be responsible for notifying Participants of any change in benefits. Employer may not amend the Plan in a way that would require BCBSWNY to process claims in a manner that would violate applicable law. If BCBSWNY reasonably determines that a Plan amendment would modify Employer's anticipated claims or administration expenses, BCBSWNY may modify the fees described in Exhibit C . BCBSWNY agrees to undertake administration of Employer's pharmacy benefit pursuant to Employer's Plan Document and in accordance with the Diabetic Mandate and the terms and conditions of this Agreement. 2.13 Diabetic Mandate Benefit. Employer acknowledges, represents and warrants to BCBSWNY that it has read and fully understands the Diabetic Mandate and has had ample opportunity to consult with any of its legal, employee benefits, financial and/or otheradvisors and /or consultants as Employer has deemed necessary and/or appropriate to ensure its full and correct understanding of the Diabetic Mandate and Employer's and Covered Person's rights related thereto. Employer acknowledges that the "Diabetic Mandate" (as such term is defined herein) is not specifically applicable to fully self - insured plans, employer group plans covering employees in more than one state, or which are subject to collective bargaining Legal #103606 v6 Matter: 11 -10714 Contract: 5758 -5- Diabetic Mandate are required to be covered under New York State law. Employer represents, warrants, acknowledges and agrees that Employer hereby voluntarily agrees to expressly assume any and all obligations and related compliance with the Diabetic Mandate and related Diabetic Mandate Services on a self - insured basis, in lieu of the coverage that Employer and Participants are otherwise entitled to pursuant to the Employer's Group Health Care Contract with BCBSWNY and related "Coverage Plans ( "Coverage Plans "), such that any and all equipment and/or supplies and/or services of any kind and/or anything else that would otherwise constitute Diabetic Mandate "Covered Services" under such Coverage Plans shall instead constitute Covered Services under Employer's Plan and any and all claims relating to the Diabetic Mandate Services shall constitute authorized expenses of the Plan, for which Employer shall pay BCBSWNY in full, upon demand, as part of its claims payments pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, BCBSWNY shall retain responsibility for compliance with the Diabetic Mandate and the cost of Diabetic Mandate claims solely to the limited extent associated with any claims for coverage of Diabetic Mandate Covered Services for any Covered Persons under the Employer's Plan who are also Covered Persons under a BCBSWNY Coverage Plan: (i) which do not originate from and/or are not submitted for coverage in any way by or in connection with any Participating Provider and /or (ii) which are not in any way submitted for coverage pursuant to this Agreement; and /or (iii) which are not otherwise processed and /or paid for Covered Persons by BCBSWNY and /or its designated subcontractor pursuant to the terms and conditions of this Agreement; and /or (iv) which are submitted exclusively and directly to BCBSWNY for coverage under the Covered Person(s)' Coverage flan issued pursuant to Employer's Master Group Health Care Contract with BCBSWNY and not in any way pursuant to this Agreement. 2.14 Electronic Transactions. If BCBSWNY and Employer conduct an electronic transaction that is a Standard Transaction as defined in 45 C.F.R. 152.1 03, the parties agree that the transaction will be conducted in accordance with the applicable requirements ofASC X1 2N ( "Transaction Standards "). The parties agree to cooperate in testing their respective operating systems to ensure compliance with such requirements. Employer further agrees that it will not: (i) change the definition, data condition or use of a data element or standard in the Transaction Standards; (ii) add any data elements or segments to the maximum defined data set forth in the Transaction Standards; (iii) use any code or data elements that are either marked "not used" in the Transaction Standards; or (iv) change the meaning or intent of the Transaction Standards. 2.15 ' Security Standards for Electronic Protected Health Information. The parties shall comply with the requirements for the protection of electronic protected health information set forth in 45 C.F.R. Dart 164 ( "Security Standards ") on or before the required compliance date for the Security Standards. SECTION 3 ADMINISTRATIVE SERVICES 3.1 Identification Cards. BCBSWNY will prepare and distribute a Plan identification card to each Participant. 3.2 Data Ease. BCBSWNY shall maintain appropriate records on each Participant for the proper administration of the Plan. The records maintained on each Participant shall include, but not be limited to: Legal #103606 v6 Matter: 11- 10714 Contract: 5758 -6- A. full name and last known mailing address; B. marital status; C. date of birth; B. effective date of coverage; E. election of dependent coverage, names and birth dates of dependents covered by the Plan; F. date of employment; G. Social Security number; and H. information regarding the coverage of the Participant and any covered dependents under any other group health plan other than the Plan. 3.3 Forms and Administrative Documents. BCBSWNYwill.prepare and provide to Employer pertinent paperwork for the administration of the Plan, including benefit claim and enrollment forms. 3.4 Providers. BCBSWNY will, to the extent possible, establish and maintain for the Plan a network of providers, pursuant to Exhibit B ("Participating Providers "). Employer acknowledges and agrees that BCBSW NY's network of Participating Providers will change from time to time. BCBSWNY reserves the right to, consistent with applicable laws and regulations, add and/or remove providers from its network of Participating Providers at its discretion and to determine which coverage plans and/or products a particular participating provider is eligible to provide services for. 3.5 Retention of Participants'Records. Participants'records maintained by BCBSWNY shall be available for inspection by Employer during normal business hours subject.to the Confidentiality Provisions in Section 4.7. 3.6 Other Taxes or Assessments, or Charges to the Plan. In the event that a State or jurisdiction imposes upon BCBSWNY the duty to act as agent for the collection of any tax, payment, surcharge or assessment imposed on the Plan, Employer or an Affiliated Employer in connection with the Plan or this Agreement, Employer will pay over such amount to BCBSWNY when requested to do so. In the event BCBSWNY incurs any charge, expense or assessment in connection with anythird party agreement including, but not limited to, Coordination of Benefits or Subrogation Vendor Agreements, which apply to claims processed by BCBSWNY for Participants under the Plan, Employer agrees said amounts are authorized expenses of the Plan and shall, to the extent required, pay over such amount to BCBSWNY when requested to do so. 3.7 Intentionally Omitted. 3.6 Relationship with Other Service Providers. BCBSWNY shall not be responsible for furnishing Participant data or other information regarding the Plan to any other individual or entity that provides services with respect to the Plan. Legal 9103806 v6 Matten 11 -10714 Contract: 5758 -7- 3.9 COBRA Compliance. BCBSWNY is not responsible for the Plan's compliance with COBRA. If directed by Employer in writing, BCBSWNY shall accept COBRA payments made by or on behalf of qualified beneficiaries and shall remit such payments to Employer or apply them as a credit against the fees payable to BCBSWNY by Employer under Section 7. In the event that Employer has directed to have BCBSWNY accept COBRA payments, if a qualified beneficiary (or other person on behalf of a qualified beneficiary) does not remit a COBRA payment by the due date (including any applicable grace period for payment) or remits less than the required payment amount, BCBSWNY shall notify Employer. Employer, in its sole discretion, shall determine whether a qualified beneficiary's continuation coverage shall terminate due to failure to timely make a COBRA payment or payment of less than the required amount, and shall notify BCBSWNY of any such termination in accordance with Section 2..1. BCBSWNY shall not be required to attempt to collect unpaid COBRA payments from any qualified beneficiary and shall not be required to notify the qualified beneficiary that his coverage has terminated. A 4 4.1 Eligibility to Participate. Employer, in its sole discretion, shall determine the eligibility of employees and dependents to participate in the Plan in accordance with the terms thereof. 4.2 Initial Benefit Maim Determinations. BCBSWNY shall make the initial determination as to whether benefit claims submitted by Participants qualify for payment under the Plan and shall determine the amount of benefits due and payable pursuant to the terms of the Plan. In making initial determinations as to whether benefit claims qualify for payment under the Flan, BCBSWNY shall follow its standard prescription drug claim processing procedures and protocols, including, but not limited to, utilization management and processing in accordance with the formulary in effect at the time the benefit claim was incurred. If BCBSWNY determines that a claim is payable under the terms of the Plan, BCBSWNY shall issue a check for payment or otherwise credit the appropriate party with the amount of the benefit payable. Benefit claims shall be funded in accordance with Section 2.3 of this Agreement. If BCBSWNY determines that a benefit claim is not payable under the terms of the Plan, BCBSWNY shall notify the claimant of the denial and of the claimant's. right to appeal the denial. If the Plan is subject to ERISA, BCBSWNY shall comply with the applicable claim procedure rules promulgated at 29 C.F.R. section 2560.503-1 (" ERISA Claim Regulation ") in making initial benefit claim determinations. 4.3 Contested Claims, BCBSWNY shall receive and review appeals of denied benefit claims under the Plan in accordance with the procedure set forth in the Plan, and shall make final decisions with respect to appeals of denied benefit claims. if the Plan is subject to ERISA, BCBSWNY shall comply with the ERISA Claim Regulation in making determinations on appeals of denied benefit claims. Employer shall be responsible for ensuring that the benefit claim provisions in the Plan Document are consistent with BCBSWNY's role with respect to decisions with respect to appeals of denied benefit claims. If the terms of the Plan Document are inconsistent with BCBSW NY's role underthe terms of this Agreement, the terms of this Agreement shall control. Legal #103606 v6 Matter: 11 -10714 Contract: 5758 4.4 Record Retention. BCBSWNY will maintain current, accurate, and complete records and files of all claim submissions and payments on each Participant for a period of at least six years after the claim was submitted. 4.5 Coordination of Benefits. In processing claims for benefits, BCBSWNY shall apply the coordination of benefit provisions set forth in the Plan Document and shall forward to Employer any funds which BCBSWNY recovers through coordination of benefits. Any funds recovered by BCBSWNY pursuant to the Plan's Coordination of Benefits provisions shall be subject to any reduction required in BCBSWNY's Agreement with any Third Party retained by BCBSWNY to conduct Coordination of Benefits. 4.6 Subrogation. Employer may have certain rights of subrogation against Participants or third parties to pay for services already paid by the Plan. Nothing in this Agreement shall require BCBSWNY to engage in the practice of law or to take any legal action to enforce any subrogation rights which Employer may have. BCBSWNY may pursue Employer's subrogation rights as provided in the Plan upon separate written agreement by the Parties. 4.7 Confidentiality. A. General. Each Party shall maintain the confidentiality of information in its possession or contained in the records of Participants in accordance with applicable state and federal laws, regulations and rulings, and shall not release such information, eitherto each other or to any other person or entity, except as permitted by law. All files, data and other information relating to the business of either Party in the possession of the other Party will be deemed confidential and will notbe disclosed except upon (i) lawful order of a court or public authority, which order compels obedience under penalty of contempt, fine, or impairment or loss of the right to do business; or (ii) as may otherwise be required under applicable law. In the event of such disclosure, the disclosing Party shall immediately notify the other Party in writing detailing the circumstances and extent of such disclosure. B. Protected Health Information. Notwithstanding the foregoing, Employer recognizes and acknowledges that the Plan is a "covered entity' and BCBSWNY is a "business associate" of the Plan pursuant to the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder. BCBSWNY has entered or will enter into an agreement with the Plan (the "Business Associate Agreement ") which limits the information and data which BCBSWNY may provide to Employer. BCBSWNY will disclose "protected health information" (as such term is defined in 45 C.F.R. 160.103) to Employer only to the extent such disclosure is allowed under the terms of the Business Associate Agreement. 4.8 Overpayments. if BCBSWNY determines that a benefit payment has been made to or on behalf of an ineligible individual or that a benefit payment exceeded the amount payable under the Plan, BCBSWNY will make reasonable efforts to recover any such overpayment on behalf of the Employer, in accordance with BCBSWNY's policies and procedures; provided, however, that BCBSWNY shall not be required to initiate any legal or arbitration proceeding for the recovery of any such overpayment. 4.9 Fiduciary Responsibilities. The Employer delegates to BCBSWNY (or its designated subcontractor) the discretionary authority to make initial benefit claim determinations under Legal 9103606 v6 Matter: 11 -10714 Contract: 5758 ° 9 4N Document, to make factual findings and to determine what constitutes a reasonable and customary charge for benefits covered under the Plan. if the Employer has elected under Section 4.3 to delegate to BCBSWNY (or its designated subcontractor) the authority to make final determinations on appeals of denied benefit claims, BCBSWNY (or its designated subcontractor) shall have full discretionary authority to make such determinations, including, but not limited to, the authority to interpret the terms of the Plan Document, to snake factual findings and to determine what constitutes a reasonable and customary charge for benefits covered under the Plan. BCBSWNY (or its designated subcontractor) shall have the right to rely upon the Plan Document in the performance of its duties hereunder. The Employer acknowledges that BCBSWNY (or its designated subcontractor) shall not consider the payment or adjudication of any claim for benefits on an extra - contractual basis. BCBSWNY's (or its designated subcontractor's) decisions shall be conclusive and binding and not subject to further review. Notwithstanding the foregoing, to the extent that with respect to a particular claim or appeal, any of the duties delegated to BCBSWNY (or its designated subcontractor) are otherwise assumed or acted upon by the Employer or any agent of the Employer or other third party including any vendor, or if not delegated to BCBSWNY (or its designated subcontractor) are otherwise to be assumed or acted upon by the Employer or such agent or third party, then in any such event, BCBSWNY (and its designated subcontractor) shall not have any fiduciary duties or discretionary authority under the Plan or this Agreement with respect to such claim or appeal, and the Employer or such other party, as the case may be, shall be deemed to have such fiduciary duties and discretionary authority regarding such claim or appeal. It is acknowledged and agreed that any services provided by BCBSWNY (and/or its designated subcontractor) under the Plan or this Agreement shall not affectthe Employer's acknowledged status plan administrator of the Flan (if the Plan is subject to ERISA) and that the Employer shall retain sole fiduciary duties and discretionary authority in connection with its role and duties as plan administrator. The Employer shall also retain sole fiduciary duties and discretionary authority with respect to those duties not delegated to BCBSWNY hereunder or otherwise assumed by BCBSWNY. BCBSWNY shall have no fiduciary duties under the Plan or this Agreement other than those it has explicitly agreed to assume herein. 4.10 Benefit payments Directed By Employer. Notwithstanding anything herein to the contrary, Employer may direct BCBSWNY to approve for payment any benefit claim with respect to which BCBSWNY has made a decision to deny payment pursuant to the provisions of Section 4.2 or Section 4.3. BCBSWNY shall not be required to notify Employer prior to communicating an initial or final denial to a Participant under Section 4.2 or Section 4.3. Any direction from Employer to pay benefit claims under this Section 4.10 shall be in writing, Benefit payments processed by BCBSWNY at Employer's direction under this Section 4.10 shall not be subject to the fiduciary standards of this Section 4, and, as specified in Section 8.3A, Employer shall indemnify and hold harmless BCBSWNY and its affiliates from any and all liability and loss that arise out of or in connection with benefit payments made at Employer's direction. Payments made pursuant to this Section 4.10 shall be subject to the fees set forth in Exhibit C. 4.11 Modification or Suspension of BCSSWNY Policies and procedures. Notwithstanding Legal #103606 v6 Matter: 11 -10714 Contract: 5758 10- policies, procedures and routine edits regarding, but not limited to, utilization management, prescription drugs, claims processing, enrollment and eligibility and general operations. Any direction from Employer under this Section 4.11 shall be in writing. Benefit claims processed by BCBSWNY in accordance with any modification or suspension of policies, procedures or edits shall not be subject to the fiduciary standards of this Section 4 and, as specified in Section 8.3A, Ernployershall. indemnify and hold harmless BCBSWNY and its affiliates from any and all liability or loss that arises out of or in connection with modification or suspension of BCBSWNY policies, procedures or edits. Payments made pursuant to this Section 4.11 shall be subject to the fees set forth in exhibit C . 4.92 Rebates and Settlements. A. BCBSWNY or its vendors may have reimbursement contracts with certain providers for the provision of and payment for prescription drug services and supplies administered for, among others Participants pursuant to this Agreement. Cinder some of these contracts there may be settlements which require BCBSWNY to pay the providers or vendors additional money (which may or may not be solely funded by BCBSWNY) or which require the providers orvendors to return a portion of volume discounts, rebates, or excess money paid. Such providers or vendors may include entities affiliated with BCBSWNY. In addition to such settlements, additional amounts may be payable to providers or vendors as a result of claim adjustments made after initial claim payments have been made. Any additional amounts payable to providers or vendors, whether as a result of settlements or claim adjustments, that are attributable to benefit claims properly payable pursuant to the Plan during the term of this Agreement or any temporary service period under Section 6.7 shall be considered authorized expenses of the Plan and shall be paid by the Employer, whether such amounts are payable during or after the term of this Agreement. This provision shall survive the termination of this Agreement. Unless the parties otherwise agree in writing, Employer shall have no right to any discounts, rebates, or excess money received from vendors except to the extent of those "guarantees" that are expressly setforth and described in Exhibit C. 4.13 Subcontractors. Employer acknowledges and agrees that BCBSWNY shall be expressly authorized to perform any andfor all of its obligations set forth in this Agreement, including, but not limited to, any claim fiduciary obligations delegated herein, either directly and/or by or through its designated subcontractors(s). SECTION 5 MANAGEMENT REPORTS 5.1 Monthly Claims Report. BCBSWNY will provide Employer, upon request, a monthly claims report of all claims processed during that month. Such report will list: A. the amounts paid; and B. any additional classification that is reasonably required or requested by Employer, subject to Section 4.7. This report will be mailed to Employer within thirty (30) days following the close of the period covered by the report. Legal #103606 v6 Matter: 1111-10714 Conlraot: 5758 _11e 5.2 Standard Reports. The Standard Reports which shall be provided by BCBSWNY at no added cost are listed on exhibit D . All such Reports are subject to Section 4.7. 5.3 Additional Reports, At the request of Employer, BCBSWNY may provide additional claim data or reports, in a format or time frame ether than that described in Sections 5.1, 5.2. If additional reports are requested, additional fees may be required. SECTION . y 6.1 Effective Date. The Effective Date is the date described in the first paragraph of this Agreement and shall continue for a period of twelve (12) calendar months ( "Initial Term ") unless terminated earlier in accordance with Section 6.3. 6.2 Renewal. Unless terminated earlier in accordance with Section 6.3, this Agreement, with the exception of pricing contained within Exhibit C, shall be renewable for three (3) additional, successive twelve (12) calendar month periods ( "Succeeding Terms ") upon written letter confirmation, at the expiration of the Initial Term or any Succeeding Term. 6.3 Early Termination. Except as otherwise provided below, this Agreement shall immediately terminate at the earliest time specified below: A. Upon Employer's failure to pay the fees provided in Exhibit C within ten (10) days of their due date, provided BCBSWNY gives Employer notice required under Section 7.4; B. Upon bankruptcy or insolvency of Employer; C. Upon failure of Employer to deliver to BCBSWNY within thirty (30) days of anywritten request by BCBSWNY any required data necessary for the proper performance of BCBSW NY's duties unless Employer's failure to deliver such data is due to matters reasonably beyond the control of Employer, D. Upon a merger, sale or consolidation of Employer, unless the successor to Employer as a result of the transaction assumes this Agreement, E. Upon Employer's failure to fund benefit claims pursuant to Section 2.3; F. Upon the enactment of any law or regulation which makes the continuance of this Agreement illegal, G. By agreement of the Parties. H. Either party may terminate this agreement upon ninety (90) days written notice, by registered mail, to the other party. 6.4 Change in Employer Condition. If BCBSWNY reasonably determines that there has been any change in the condition (financial or otherwise) of Employer that, in the reasonable opinion of BCBSWNY, has a material adverse effect upon the validity, performance, or enforceability of this Agreement, on the financial condition or business Legal #103606 v6 Matter: 11 -10714 Contract: 5758 -12- 3 Agreement, then BCBSWNY shall have the right to require Employer to provide adequate assurance of future performance. Such assurance may, at BCBSWNY's sole option, include payment of a deposit. Examples of such a change include but are not limited to: voluntary or involuntary insolvency proceedings under Title 11 of the United States Code, the sale of all or substantially all of Employer's assets., or a change in control of Employer's management or operations. In the event such further assurance is required by BCBSWNY as provided herein, BCBSWNY may, at any time after the date of notice to Employer of such requirement, suspend its performance of its obligations under this Agreement until the date of receipt by BCBSWNY of such adequate assurance without being liable to Employer or to any Participant for such suspension. In the event such adequate assurance is not received within a reasonable period of time as determined by BCBSWNY, BCBSWNY may terminate this Agreement immediately upon written notice to Employer. 6.6 Limited Discontinuance. In the event that either Party reasonably believes that any State or other jurisdiction will penalize it for proceeding with its performance under this Agreement, the Party may immediately discontinue the application of the Agreement in such State or jurisdiction by providing written notice to that effect to the other Party. In such a case, the Agreement shall continue in force in all other States and jurisdictions. 6.6 BCBSWN Y Responsibilities (Upon Termination. Except as provided in Sections 6.6 and 6.7 hereof, all obligations of BCBSWNY under this Agreement, including the processing of claims and disbursement of benefit amounts, will be terminated and extinguished on the effective date of termination of this Agreement. Claims for Plan benefits for expenses incurred by Participants prior to such termination date shall be processed onlyforthe period up to such termination date and shall be paid only to the extent that Employer provides BCBSWNY with the required funds in accordance with Section 2.3 of this Agreement. Any such claims which retrain unprocessed or unpaid as of such termination date shall be surrendered to Employer. 6.7 Temporary Provision of Services. In the event this Agreement is terminated, Employer may arrange for BCBSWNY to continue to provide services covered by this Agreement for a period motto exceed one (1) year beyond such termination, (unless the Parties agree to a banger period), provided that: A. BCBSWNY agrees in writing with Employer to such continued provision of services; and B, charges shall be payable to BCBSWNY in accordance with Exhibit C or as otherwise agreed to in writing by the Parties. 6.6 Final Accounting and Report. BCBSWNY shall, upon request, within ninety (90) days of the termination of this Agreement, deliver to Employer a final accounting and report of the financial status of the Plan. SECTION 7 FEES 7,1 Implementation and Administration of Fees. Employer agrees to pay BCBSWNY the fees set forth in Exhibit C including late fees. Such fees shall be due and payable to Legal #103606 v6 Matter; 11 -10714 Contract: 5758 -13- 7,2 Modification to Fee Schedule. BCBSWNY reserves the right to change the required payments set forth in Exhibit C under this Agreement: A. as of the first day of any Succeeding Term with at least thirty (30) days prior written notice to Employer; or B. as of the date of any benefit change or other material change requested by Employer or required by law which significantly alters any obligation of BCBSWNY under this Agreement. 7.3 Automatic Adjustment. If during the term of this Agreement, any tax (other than local, state or federal income taxes) or any other assessment, premium charge, penalty or fine shall be assessed against BCBSWNY, directly arising under and to the extent attributable to this Agreement, BCBSWNY shall report the payment to Employer and Employer shall reimburse BCBSWNY for the same. BCBSWNY shall have sole discretion in determining whether any such tax or assessment shall be paid, compromised, litigated or appealed and as to all matters or procedure, compromise, defense or appeal of any such tax or assessment concerning its liability. 7.4 Failure to Perform. If Employer, for any reason whatsoever, fails to make a required payment on a timely basis, BCBSWNY may suspend the performance of its services until such time as Employer makes the proper remittance and may charge a late fee as set forth on Exhibit C . BCBSWNY shall provide Employer with five (5) business day's notice of its intent to take such action. 7,5 Additional Services, Nothing in this Section 7 or any Exhibit to this_agreement_ prohibit BCBSWNY from performing any service not enumerated in this Agreement for a reasonable fee. Any such services will require the prior approval of Employer. Any such service and corresponding fee will be paid by Employer upon request by BCBSWNY. SECTION 8 MISCELLANEOUS 8.9 Tax and ERISA. The legal and tax status of the Plan under applicable law is a matter for determination by Employer and not by BCBSWNY, which is not responsible therefore. 8.2 BCBSWNY Does Not Insure the Plan. BCBSWNY provides Administrative Services and network access only and does not insure or underwrite the liability of Employer under the Plan, does not assume any financial risk or obligation with respect to claims and shall not advance its own funds for the payment of any claims or expenses under the Plan. Employer retains the ultimate responsibility for the payment of benefit claims made under the. Plan and all authorized expenses incident to the Plan including responsibility for payment of claims to any BCBSWNY Participating Providers or any other provider. 83 Liability and Indemnification. A. Employer agrees to defend, indemnify and hold harmless BCBSWNY, its affiliates and associated companies and all of their directors, officers, attorneys, employees, agents and other representatives ( "MealthNow Indemnified Party or Parties ") Legal #103606 v6 Matter: 11 -1 0714 Contract: 5756 -14- fines arising as a result of a claim or suit seeking the payment of a benefit under the Plan brought by a Participant, unless it is determined by a court or regulatory agency having jurisdiction of the matter that the liability therefor was the direct consequence of criminal conduct or fraud on the part of BCBSWNY or the failure of BCBSWNY to discharge its duties under this Agreement in a manner consistent with the care, skill, prudence, and diligence that would be exercised by similar third party claims administrators acting in a like capacity performing similar services. Notwithstanding the foregoing, it is understood and agreed that BCBSWNY shall have no liability for any benefits found to be payable under the Plan. Notwithstanding the above, Employer agrees to indemnify and hold harmless the HealthNow Indemnified Parties from any and all liability, loss, damages, fines, penalties and costs, including, but not limited to, reasonable . expenses and attorneys' fees, which the HealthNow Indemnified Parties shall sustain arising out of or in connection with any payment made by BCBSWNY at the direction of Employer pursuant to Section 4.10 or Section 4.11. A.I. BCBSWNY agrees to defend, indemnify, and hold Employer, Affiliated Employers, the Plan, and their respective affiliates, and associated companies and all of their directors, officers, attorneys, employees, agents, affiliates and other representatives ( "Indemnified Party or Parties ") harmless from and against any damages, loss liability and expenses, penalties or fines (including, attorneys' fees and litigation expense) incurred by the Indemnified Parties arising out of BCBSW NY's intentional tort, willful misconduct, fraud, or the failure of BCBSWNY to discharge its duties under this Agreement in a manner consistent with the care, skill, prudence, and diligence that would be exercised by similar third party claims administrators acting in a like capacity performing similar services. In no event however, shall this provision make BCBSWNY responsible for payment of benefits under the Plan. B. BCBSWNY and Employer shall advise each other as to matters which come to their respective attentions involving potential legal actions or regulatory enforcement activity which involve the Plan or are related to the activities of either Party with respect to the Plan or this Agreement and shall advise each other of legal actions or administrative proceedings which have actually commenced. Notice of legal actions or other administrative proceedings which have actually commenced shall be provided not later than five (5) days after a Party has knowledge of such commencement. C. In the event that a lawsuit or administrative proceeding is brought against the Employer or the Plan but not BCBSWNY, the defense and associated costs of such action or proceeding shall be the responsibility of the Employer. BCBSWNY shall cooperate fullywith Employer in the defense of any such action or proceeding arising out of matters related to this Agreement. Employer agrees not to oppose any attempt made by BCBSWNY to intervene in such action or proceeding. Q Legal #103606 v6 Matter: 11 -10714 Contract: 5758 In the event that a lawsuit or administrative proceeding is brought against BCBSWNY arising out of the performance of its duties under this Agreement, the defense and any associated costs of such action or proceeding shall be the responsibility of BCBSWNY, provided that the costs, including attorneys' fees, of such defense shall be reimbursed to BCBSWNY by employer to the extent BCBSWNY is entitled to -15- a indemnification by Employer under subsection A of this Section 8.3. Employer shall cooperate fully with BCBSWNY in the defense of any such action or proceeding arising out of matters related to this Agreement. BCBSWNY agrees not to oppose any attempt made by Employer to intervene in such action or proceeding. If Employer or the Ilan is also named as a party in such action or proceeding, 'Employer may request that the counsel engaged by BCBSWNY also provide for the defense of Employer and /or the Plan. If there is no conflict of interest, BCBSWNY shall take all reasonable measures to comply with Employer's request. If such counsel does not provide for the Employer's or Plan's defense, then Employer and Plan shall be responsible for the defense and associated costs as provided in subsection C of this Section. E. Notwithstanding the foregoing, in no event, shall BCBSWNY be liable to Employerfor indirect, consequential or special damages of any nature, lost profits or savings, punitive damages, injury to reputation or loss of business. F. The provisions of this Section 8.3 shall survive termination or discontinuance of this Agreement. 8.4 Modification and Amendment. No alteration or modification of the terms and conditions of this Agreement shall be valid or of any force or effect unless it is expressed in a written memorandum executed for Parties by persons duly authorized to do so. Notwithstanding the foregoing, this Agreement may be amended automatically upon written notice to Employer if necessary in order to comply with applicable federal or state laws, regulations and other authority including, but not limited to, those issued by the U.S. Department of Labor. 8.5 Entire Agreement All provisions set forth in the recitals and definitions of this Agreement are hereby expressly incorporated into this Agreement as substantive terms hereof. This Agreement constitutes the entire contract between the Parties relative to the administration of the Plan and cancels, replaces and supersedes any and all previous agreements relating to such administration. Notwithstanding the foregoing, the Parties have executed or will execute a Business Associate Agreement relative to the administration of the Man, which is not canceled, replaced, or superseded by this Agreement. 8.6 Assignment. Employer may assign this Agreement or any of its rights or obligations hereunder to any successor through merger, sale or consolidation with prior written notice to and approval of BCBSWNY. BCBSWNY may assign this Agreement or any of its rights or obligations hereunder with prior written notice to the Employer. 8.7 Flan to Control Benefits. Unless otherwise required by law, BCBSWNY shall have no power to add to, subtract from or modify any terms of the Plan, or to change or add any benefit provided under the Plan or to waive orfail to apply any requirements for eligibility for a benefit under the Plan except pursuant to a formal written amendment of the Plan by Employer which has been provided to BCBSWNY. 8.8 ' Right to Audit. A. Subject to the provisions of this Section 8.8, Employer may audit BCBSWNY's compliance with its obligations under this Agreement and BCBSWNY shall supply Legal #103606 v6 Matter: 11 -10714 Contract: 5758 -16- performing services under this Agreement subject to the provisions of Section 4.7. BCBSWNY shall be required. to supply only such information which is in its possession and which is reasonably necessary for Employer to audit the Plan, provided that such disclosure is not prohibited by any third -party contracts to which BCBSWNY is a signatory or any requirements of law. B. Employer shall give BCBSWNY sixty (60.) days prior written notice of its intent to perform such an audit and its need for such information and shall represent to BCBSWNY that the information which will be disclosed therein is reasonably necessary for the administration of the Plan. All audits and information disclosures shall occur at a reasonable time and place and at Employer's expense. Employer agrees to execute any audit agreement presented by BCBSWNY prior to performing any audit under this Section. Unless otherwise agreed to by the Parties, Employer shall be limited to one audit per year. C. Employer may designate a representative to conduct or participate in the audit, or to receive access to such information, provided that Employer and the representative enter into a written agreement with BCBSWNY underwhich the representative agrees to use any disclosed information solely for purposes of administering the Flan, to keep such information confidential and not to disclose the information to any other entity or person. D. Any reports, information or documentation provided, made available, or learned by either of the parties to this Agreement which contains personally identifiable or health information about any Participant or health care provider or which contain information about either party's business or operations which Is not available to the public, or which contain information which has been designated as proprietary or confidential by either party shall be held in the strictest confidence, used solely to perform obligations under this Agreement or to administer the Plan, not be disclosed to any other entity or person, and maintained in accordance with the requirements of all applicable laws. 8.9 Rights Upon State or Federal Audit. In the event Employer or the Plan is investigated or audited by any state or federal governmental agency, BCBSWNY shall supply to Employer any information which Employer shall require or request in connection with such investigation or audit. 8.10 ERISA Audit. In the event that an examination of the Plan by an independent qualified public accountant is required under section 103 of ERISA, the cost of such examination shall be borne by Employer. 8.11 Claims Disputes. The expense of and defense of any legal action against Employer involving a claim dispute under the Flan shall not be the obligation or responsibility of BCBSWNY. 8.12 Proprietary Rights. Employer acknowledges that BCBSWNY has developed, and may develop in connection with this Agreement, certain symbols, trademarks, service marks, designs, data, processes, systems, computer software, manuals, lists, programs, plans, procedures and information, all of which are proprietary information and trade secrets of BCBSWNY (collectively „ Materials "). Such Materials are the property of BCBSWNY during the term hereof and thereafter. Employer shall not use the Materials, except as expressly Legal #103606 v6 Matter: 11 -10714 Contract: 6758 -17- cease any and all wage of the Materials immediately upon the termination of this Agreement. In addition, BCBSWNY shall have the right to safeguard the secrecy of its systems and programs, and shall not be required to make such proprietary information available to Employer or anyone else. Unless otherwise agreed to in writing by both parfies, pursuant to the Business Associate Agreement, BCBSWNY shall in no case be required to provide information to Employer or any Participant which is provider - specific or which discloses or leads to the disclosure of the specific amount of a negotiated fee with any provider. 8.13 Relationship of the Parties. In the performance of the work, duties and obligations of the Parties pursuant to this Agreement, BCBSWNY shall at all times be acting and performing as an independent contractor. No relationship of employer and employee, or partners or joint venturers between BCBSWNY and Employer is created by this Agreement, and neither Party may therefore make any claim against the ether Party for social security benefits, workers' compensation benefits, unemployment insurance benefits, vacation pay, sick leave or any other employee benefit of any kind. In addition, neither Party shall have any power or authority to act for or on behalf of, or to bind, the other except as herein expressly granted, and no other or greater power or authority shall be implied by the grant or denial of power or authority specifically mentioned herein. 8.14 Headings. The headings of the various sections of this Agreement are inserted merelyfor the purpose of convenience and do not expressly or by implication limit, define or extend the specific terms of the section so designated. 8.15 Nantes, Symbols, Trademarks. Employer hereby consents to lawful references to Employer in any marketing, advertising or solicitation campaigns initiated by BCBSWNY or any third party on behalf of BCBSWNY, and to references to Employer by BCBSWNY in informing contracting physicians and other health professionals regarding the organizations, employers, funds, and plans with whom BCBSWNY has agreements. Employer shall not use BCBSWNY's name, symbols, trademarks or service marks in advertising or promotional materials or otherwise, without the prior written consent of BCBSWNY, and shall cease any such usage immediately upon written notice of BCBSWNY or on termination of this Agreement, whichever is sooner. Under no circumstance shall BCBSWNY use the seal or flag of the City of Buffalo in its advertising without the prior express permission of the City. 8.16 Counterpart Copies, This Agreement may be executed in two counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 8.17 Force Majeure. In the event the operations of BCBSWNY's facilities or any substantial portion thereof, are interrupted by war, fire, explosion, insurrection, labor troubles, riots, government requirement, civil or military authority, flood, the elements, earthquakes, acts of Cod, act or omission of transportation companies, or other similar causes beyond its control, the provisions of this Agreement (or such portions hereof as BCBSWNY is thereby rendered incapable of performing) shall be suspended for the duration of such interruption. 8.18 Exhibits. The exhibits attached to this Agreement are an integral part of this Agreement and are incorporated herein by reference. 8.19 No Third Party Beneficiary. This Agreement is entered into by and between Employer Legal #1 03606 vo Matter: 11- 10714 Contract: 5758 N% establish third party beneficiary status or rights or their equivalent in any person covered by the Plan, subcontractor, or other third party to this Agreement, and no such third party shall have any right to enforce any right or enjoy any benefit created or established under this Agreement. 8.20 Effect on Other Parties. Nothing in this Agreement or in the Plan shall be construed to affect any right that a provider of services to a Participant may have to take legal action against Employer or the Participant for payment for such services. 8.21 Enforceability. Failure of either Party hereto to insist upon compliance with any provision of this Agreement at any given time or under any given set of circumstances shall not operate to waive or modify such provision or in any manner render it unenforceable, as to any other time or as to any other occurrence, whether the circumstances are, or are not the same; and no waiver of any of the terms or conditions of this Agreement shall be valid or of any force or effect unless contained in a written memorandum specifically expressing,such waiver and signed by a person duly authorized to sign such waiver. 8.22 Severabiiity. In the event that any portion of this Agreement is found to be void or illegal, . the validity or enforceability of any other portion shall not be affected. 8.23 Governing Lave. To the extent not superseded by Federal law, the rights and obligations of the Parties hereto under this Agreement shall be governed by the laws of the State of New York. 8.24 Jurisdiction. Except for actions over which the district courts of the United States have jurisdiction, the courts of the State of New York shall have exclusive jurisdiction over any and all matters or disputes arising from this Agreement. 8.25 Arbitration. Upon the written mutual agreement of the Parties, any claim or controversy arising out of or relating to this Agreement or the breach of this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA ") using one arbitrator selected by mutual agreement of the Parties. The Parties agree to divide equally the AAA's administrative fee as well as the arbitrator's fee, if any, unless otherwise assessed by the arbitrator. The administrative fee shalt be advanced by the initiating party subject to final apportionment by the arbitrator in his/her award. The arbitrator's award may be enforced in any court having jurisdiction thereof by the filing of a petition to enforce said award. The cost of filing may be recovered by the party which initiates such action to have an award enforced. Arbitration shall take place in Erie County, New York. The parties shall have the rights to discovery provided by the laws of the State of New York. Nothing contained in this Agreement shall require mandatory arbitration bythe parties and any arbitration must be agreed to in writing by both parties. 8.28 Notice. Notices under this Agreement shall be in writing and sent via postage -paid Certified Mail, Return Receipt Requested to the following addresses, or to any other address specified in writing by a Party: Legal #103606 v6 Matter. 11 -10714 Contract; 5758 _19- If to Employer: City of Buffalo Department of Human Resources 65 Niagara Square Buffalo, New York 14202 Attention: Antoinette Palmer If to BCBSWNY Inc.: 257 West Genesee Street Buffalo, New York 142022657 Attention: General Counsel's Office With a copy to: 257 West Genesee Street Buffalo, New York 14202-2657 Attention: Michael Conroy SECTION 9 ACCEPTANCE OF AGREEMENT Notwithstanding the failure of either or both Parties to sign this Agreement, all the terms, covenants and conditions contained herein shall be valid and binding on both parties upon BCBSWNY processing a claim for benefits of a Participant under the Plan forwhich Employer is liable on a self- funded basis, IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement to be effective as of the Effective Date. CITY OF BUFFALO BLUECROSS sr OF WESTERN NEW YORK By: Name: Title: Date: Legal #103606 v6 Matter: 11- 10714 Contract: 5758 f'4 } NIA A Legal #103606 v6 Matter: 11 -10714 Contract: 6758 -� f IVE ORK MAIN ENANC,E Pursuant to Section 3A, BCBSWNY will, to the extent possible, establish and maintain for the Plan a network of providers. As of the effective date, participating providers include the following subject to the terms and conditions of this Agreement. BCBSWNY will make available to the Employer Pharmacy Network C which shall be amended from time to time, Legal #103606 v& Matter: 11 -1 0714 Contract: 5758 -22- mmm _ n -:4 Legal 0103606 vG Matter: 11 -10714 Contract: 5758 - 24- EXHIBIT" E For BCBSWNY the following employees are authorized to make transfers pursuant to Section 2.3: Name: Title: Phone: Fax: Email: Name: Title: Phone: Fax: Email: Employer Authorized Contacts: Name: Title: Phone: Email: Legal #103$06 v6 Matter: 11 -10714 Contract: 5758 25 Melissa Doherty Accountant 716 -887 -7174 716 -887 -8969 doherty.melissa @bcbswny,com Ginger Kolesar Senior Accountant, Financial Services 716 -887 -7511 716 -887 -7909 kolesar.ginger@bcbswny.com Antoinette Palmer Director, Benefits & Compensation (716) 851 -9617 apaimer@city-buffalo.com a New York State Diabetic Mandate New York State Insurance Law Section 4303 (u) (u) (1) A medical expense indemnity corporation or a health service corporation which provides medical coverage that includes coverage for physician services in a physician's office and every policy which provides major medical or similar comprehensive -type coverage shall include coverage for. the following equipment and supplies for the treatment of diabetes, if recommended or prescribed by a physician or other licensed healthcare provider legally authorized to prescribe under title eight of the education law: blood glucose monitors and blood glucose monitors for the [fig 1] visually impaired, data management systems, test strips for glucose monitors and visual reading and urine testing strips, insulin, injection aids, cartridges for the (fig 2] visually impaired, syringes, insulin pumps and appurtenances thereto, insulin infusion devices, and oral agents for controlling blood sugar. In addition, the commissioner of the department of health shall provide and periodically update by rule or regulation a list of additional diabetes equipment and related supplies such as are medically necessary for the treatment of diabetes, for which there shall also be coverage. Such policies shall also include coverage for diabetes self - management education to ensure that persons with diabetes are educated as to the proper self - management and treatment of their diabetic condition, including information on proper diets. Such coverage for self-management education and education relating to diet shall be limited to visits medically necessary upon the diagnosis of diabetes, where a physician diagnoses a significant change in the patient's symptoms or conditions which necessitate changes 'in a patient's self - management, or where reeducation or refresher education is necessary. Such education may be provided by the physician or other licensed health care provider legally authorized to prescribe under title eight of the education law, or their staff, as part of an office visit for diabetes diagnosis or treatment, or by a certified diabetes nurse educator, certified nutritionist, certified dietitian or registered dietitian upon the referral of a physician or other licensed health care provider legally authorized to prescribe under title eight of the education law. Education provided by the certified diabetes nurse educator, certified nutritionist, certified dietitian or registered dietitian may be limited to group settings wherever practicable. Coverage for self - management education and education relating to diet shall also include home visits when medically necessary. (2) Such coverage may be subject to annual deductibles and coinsurance as may be deemed appropriate by the superintendent and as are consistent with those established for other benefits within a given policy. (3) This subsection shall not apply to a policy which covers persons employed in more than one state or the benefit structure of which was the subject of collective bargaining affecting persons employed in more than one state unless such policy is issued under the New York state health insurance plan established under article eleven of the civil service law or issued to or through a local government. Legal #103606 v6 Matter: 11 -10714 Contract: 5758 -26- FROM THE CITY CLERK June 28, 2011 0003 # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMMON .COUNCIL: DATE: June 21, 2011 FROM DEPARTMENT: Common Council DIVISION: City Clerk's Office SUBJECT:[: Affidavit of Posting Standard Workday t: and Reporting Resolution t� t: PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 95, C.C.P. 05/03/2011 Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) The City Clerk has posted on the City of Buffalo's website for a minimum of 30 days, starting May 17, 2011, the Standard Work Day and Reporting Resolution, NYSLRS FORM RS 2417 -A and RS 2418. Copies have been filed with the Comptrollers of the State of New York and the City of Buffalo. TYPE DEPARTMENT HEAD NAME: Gerald A. Chwalinski TYPE TITLE: City Clork SIGNATURE OF DEPARTMENT HEAD: Affidavit Of Posting Location Code: 20007 -10 EIS & 20007 -20 PFRS Employer Name: CITY OF BUFFALO, NY Affidavit attesting that the Standard Work Day and Reporting Resolution was posted and available to the public for a Mui ian um of 30 days. State of New York County of Erie GERALD SKI_ being duly sworn, deposes and says: (Name) 1. That he is the CITY CLERK of the CITY: OF BUFFALO, NY (Title) (Employer) 2. That the posting of the Resolution began on and continued for at least 30 days. . Tliat the Rcsblutiatz vras pasted acid available to the piiblic on the (please check ©hc): X Employer's website at WWW.CITY®BUFFAI.OMM Official sign board at Maim entrance to office of the clerk at (Signature of Wirk ofgoverning body) Title: CI'T'Y CLERK CITY OF BUFFALO NY Date: Liquor License Applications Attached hereto are communications from persons applying; for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 622 fain Street: Club Marcella of Buffalos LTD Club Marcella of Buffalo LTD RECEIVED AND FILED Tune 28, 2011 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL NOTICE OF HEARING PURSUANT TO SECTION 64(7) OR 64 -a(7) of the Alcoholic Beverage Control Law T0: A Iicant and Residence Address Community Board /Munici alit Club Marcella of Buffalo Ltd. City of Buffalo 622 Main Street Office of the City Clerk 150 Theater Place City Mall Buffalo, NY 14202 Buffalo, NY 14202 PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: - Date: Time; Place of Hearing: NYS Ligor Authority Rolm: Electric Tower Building 11;00 am 535 Washington t. 303 Buffalo, NY 14203 An on- premises liquor license application was filed on May 17, 2011 with the State Liquor Authority for the following premises: Applicant's Name: Club Marcella of Buffalo Ltd. Premises Address: 622 Main Street 150 Theater Place Buffalo, NY 14202 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716 ) 847 - 3001. Individuals who do not pre- register to speak will only be allowed to testify at the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum, The hearing officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. STATE LIQ DATE: June 13 2011 BY: FORM: Ld3,3 (8/15) Cb ;:. M,k$ Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Horne Improvement Advisory Board Municipal Housing Authority Youth Board 7nnin rr �narr� n� !, htF RECEWED AND FILED i �O June 28, 2011 ,y #1 SINGLE RAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE June 15 201.1 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 June 15, 2011, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Eleanor C. Wilson- DiVincenz©, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: Christopher Roosevelt, Assistant Vice Chairman DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: Y 44 (Rev 7 -07) `1 Certificate 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 appointment(s) or prornotion(s). I further certify that the person(s) narned in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of 06f19001 I Common Council Division of Lovejoy District to the Position of Sr. Legislative Assistant Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) . " D Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 46,0$3 LAST JOB TITLE Legislative Assnt Councilmember NAME Bryan Bollman LAST DEPARTMENT Common Council DATE ADDRESS 226 Gold St LAST SALARY 41,163 CITY & ZIP Buffalo 14206 LAST 4 DIGITS OF S SN. XXX -XX -9406 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LA 4 DIGITS OF SSN. XXX -XX- BUDGET ORG. CODE 10107001 BUDGET ACCT. OBJ. 411001 PROJ. ID SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: TITLE CODE NO 3699 PERSONNEL REQ. NO TIS(p PER YEAR DAY HOUR YEAR ADOP NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: 11 A n A ORIGINAL + 2 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) #4 (Rev 7 -07) 00039 rl In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Bufla[o, i transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civii Service for the Appointment Effective: 06/10/2011 in the Departmerlt Of Division of to the Position of Common Council Lovejoy District Legislative Aide 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 $ 36,242 LAST JOB TITLE (stern VI NAME Thomas Olejnicz,ak LAST DEPARTMENT City Clem DATE ADDRESS 210 W. Perry St LAST SALARY $10.00 CITY & ZIP Buffalo 14213 LAST 4 DIGITS OF SSN. XXX -XX -6566 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXXnXX- BUDGET ORG. CODE 10107001 TITLE CODE NO 2690 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO .5117 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: ADOPTED NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Gerald A. Chwali City Clem ORIGINAL + 2 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: 93- COMPTROLLER #4- .HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #B- EiV[PEQYE {S) I 1)() #4 (Rev 7 -07) 6 ` a Certificate Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointawnt(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_ 07/0112011 in the Department of Division of to the Position of Common Council South District Legislative Aida Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, dourly (Insert one) FLAT (Enter Starting.Salary) : Starting Salary of $36,242 LAST JOB TITLE Assistant Legislative Aide NAME Kelly Krug LAST DEPARTMENT Common Council DATE ADDRESS 43 Ward Ct LAST SALARY $27,018°00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -)(X-6496 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX-XX- BUDGET ORG. CODE 10112001 TITLE CODE NO 2690 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 5190 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwralinski TITLE OF APPOINTING. AUTHORITY: City Clark DATE: Ju1v 1, 2011 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #6- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES? 3 i0 AYE * NO FONTANA FRANCZYK GOLD MBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL maj e 5 2/3- 6 x Nv* 3/4- 7 * 00041 No. Appointments - Mayor's Youth Opportunity & Employment I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. June 28, 2011 #4 (Rev 7 -07) Certificate t t to compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the ordirtances of the City of Buffalo, I trartsntit this certification of appointment(s) or prornotion(s). I further certify that the person(s) oared in Schedule "A" have Keen eWified or approved by ttre Human Resources /Civil Service for the Appointment Effective: JUNE 6, 2011 in the Department of EXECUTIVE Division of MAYOR to the Position of INTERN IX Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) UNCLASSIFIED Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly: (Insert one) HOURLY (Enter Starting Salary) : Starting Salary of $ 11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME ABRAM MILLER DATE ADDRESS 20 CLARENDON PLACE CITY & ZIP BUFFALO, NY 14209 LAST 4 DIGITS OF SSN. XXX -XX -9667 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 10301001 TITLE CODE NO 1778 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO SALARY RANGE OF POSITION PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: BY-O BYRO W . BRO MAY OTHER COPIES TO. #3 COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #fi- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEES) 0004"1 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. t�� June 28, 2011 eL #3 (Rev 1 -02) lit compliance with provisions of Sect ion-24-2 of the Charter and Chapter 35»1 of the Ordinances of the City of ffill alo, I transmit this certification of appointment(s) or promotion (s). I further certify that the person(s) named in Schedule "A" have heart certified or approved by the Huntan Resources /Civil Service for the Appointment. Effective: 06/17/2011 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer 11 Per€nanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Sitter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE N/A NAME Jaynes J. Wojcik LAST DEPARTMENT DATE ADDRESS 152 East Street LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. XXX- -3980 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. X -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 201093 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Ste niak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public W r s, Parks & Streets DATE: 06/14/2011 OTHER COPIES TO: #5- COM LLER 46- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPAR MENT #9- DIVISION #10- EMPLOYEE(S) 93 (Rey,1 -42) 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 pronrotion(s). I further certify that the person(s) owned 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 Public Works, Parks $ Streets Engineering Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL, Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Plat (Insert one) FLAT JEnter Starting Salary) : Starting Salary of $ 11.87 LAST JOB TITLE Laborer 11 Seasonal NAME .lames Francis LAST DEPARTMENT DPW DATE 1/11 ADDRESS 137 Vandalia St. LAST SALARY $11.87 CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN, XXX -XX -4 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 13111001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2010 -013 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 617111 ORIGINAL + 3 COPIES TO: CITY CLERK (ONiB F{),F3EAPPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment 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 Appoin inent Effective: 06/20/2011 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer If Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Plat (insert one) FLAT jEnter Starting Salary) : Starting Salary of. $11.87 LAST JOB TITLE N/A NAME* Robert R. Palmer LAST DEPARTMENT DATE ADDRESS 31 Philadelphia Street LAST SALARY CITY & ZIP Buffalo 14207 LAST 4 DIGITS OF SSN. X XX ->(X-1086 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAS 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2010-93 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & - Streets DATE: 06/06/2011 ORIGINAL + 3 COPIES TO .CITY CLERK ' 'ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: 45- COMPTROLLER #6 HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES.) M #3 (Rev 1 -02) t� Iii compliance with provisiotts of Section 24 -2 of the Charter and Chapter 35 -1 of the Orcfinatices of €tie City of Buffalo, I transmit this certificatio n of appoin(ment(s) or prmnotion(s). I further certify that the persons) named in Schedule "A" have 5ecjt certified or approved by 111c Human ResourcesfCivil Service for the Appointment Effective: 06/20/2011 in the Department of Public Works., Parks & Streets Division of Parks to the Position of Laborer 11 Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salary) : Starting Salary of. $11.87 LAST JOB TITLE NIA NAME Timothy J. Connors LAST DEPARTMENT DATE ADDRESS 152 Hamburg Street LAST SALARY CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN. XXX - XX - 8814 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= 14222001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 201093 SALARY RANGE OF POSITION $11.87 PER YEAR DAY DOUR HOU REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak _ TITLE OF APPOINTING. AUTHORITY: Commissioner of Public Works, Parks & Streets 7 DATE 1412011 0KI( iNAL t J l UVlt5 I V: , I Y Vl:MNKN vlwor_runr t!EEs nv � vn i OTHER COPIES TO: #5- COMPT LLER #6- HUMAN SERVICESIGWIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certi 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 appoint €rrent(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service.for the Appointment Effective: in the Department of Public Works, Parks & Struts Division of Water to the Position of Water Service Worker Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 1.07 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Mark Romanini ADDRESS 46 Bremen St. CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF S SN. XXX - XX - 0 555 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003611 TITLE CODE NO 470J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 201017 SALARY RANGE OF POSITION $11.07 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepr�iak TITLE OF APPOINTING, AUTHORITY: Commissioner DATE: 6!141 ORIGINAL + 3 COPIES TO: CITY CLERIC ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE S 0 0 0 C3 I)k.' a No Appointments d 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. June 28, 2011 -?� #? (Rev 1 - ©2) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prornotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Htnnan Resources /Civil Service for the Appointment Effective: in the Department of Pu blic Works, Parks & Streets Division of mater to the Position of Asst. Filtration Plant Operator Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM ,(Enter Starting Salary) : Starting Salary of $ 24,184 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME John Gurbacki DATE ADDRESS 150 Riverside Avenue CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE LAST DEP'ARTME'NT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 53003701 TITLE CODE NO 4409 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010 -174 SALARY RANGE OF POSITION $24,184 - $40,308 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 6/8111 6 ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) QTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE" #7- BUDGET #8- DEPARTMENT 0- DIVISION #10- EMPLOYEE(S) #3 (Rev 1 -02) Certificate Appointment ` In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of ButTalo, l transmit this certification of appointmcnt(s) or promotion(s). F. f €Erther certify that the person(s) inarted in Schedule "A" have been certified or approve(] by the Hrnnan Resources /Civil Service for the Appointment Effective: 06/20/2011 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one). TEMPORARY Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT JEnter Staging Salary) : Starting Salary of: $15.06 LAST JOB TITLE Sr. 1 Class Stationary Engineer NAME John Scanlon LAST DEPARTMENT Buildings DATE 65/41/11 ADDRESS 231 Cumberland Avenue LAST SALARY $15.06 CITY & ZIP Buffalo 14226 LAST 4 DIGITS OF SSN. XXX -XX -8706 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 632J BUDGET ACCT, OBJ. 412662 PROJ. ID PERSONNEL REQ. NO 2610 -12 SALARY RANGE OF POSITION $15.66 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING, AUTHORITY: Commissioner of Public Works, Parks & Streets DATE: 05/02/2011 r ORIGINAL + 3 COPIES TO: CITY CLERIC 0MBEFORE APPOINTMENT DATE) OTHER COPIES T0: #5- COMPTROLLER #E6- HUMAN SERVICESOVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES) #4 (Rev 7 -07) Certificate of Appont nt. In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 trans €riit this certification of appointn €e€ €t(s) or proniotio€€(s), l fu certi that the person(s) named in Sc hed€ € €c "A" have been ecrt € o r approved by the Hu man Resou /Civil Service f the Appointment Effective: 06120/2011 in the DepartMCDt of FIRE Division of EIRE to the Position of ACCOUNT CLERK TYPIST Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM Enter Starting Salary) : Starting Sala of $30,829 LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX -4981 LAST JOB TITLE LAST DEPARTMENT DATE .LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT DATE LAST SALARY LAST 4 DIGITS OF SSN. XXX -XX- NAME Talisha Colston ADDRESS 151 Hamlin Road CITY & ZIP Buffalo, Now York 14208 NAME ADDRESS CITY & ZIP NAME ADDRESS CITY & ZIP NAME ADDRESS CITY &.ZIP REFERRED TO THE COMMITTEE ON CIVIL SERVICE . BUDGET ORG. CODE 12131001 TITLE CODE NO 0401 BUDGET ACCT. OBJ, PROJ. ID PERSONNEL REQ. NO 2090-52 SALARY RANGE OF POSITION 30,829 - 34,015 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: VINCENT R. OUGLIUZZA TITLE OF APPOINTING. AUTHORITY: DEPUTY COMMISSIONER DATE: 06/13/2091 ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERViCESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEES) NONOFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NONOFFICIAL COMMUNICATIONS June 28, 2011 EM= Buffalo Public Schools District Parent Coordinating Council 7 r Howard Lewis Parent Center .E 347 E.. Ferry St. Buffalo, New Fork 14208 C' €� I_evn 'etil?, Presitti nt Sabirah N-Iuh nunad Wciirdin Si cretary, Samuel I . Radford III, Vice i're idunt Kim M. Walck :Corrc,4tsonding Secretary Kamala Niultainnod. Treaswer Gloria Sanehez, l'arliaimenlariaii Our Children are Our Responsibility 20 012011 Accepting Our Responsibility We are on a Mission to Create a .Parent Movement far High Academic Achievement far all Students — Buffalo Education Reform Agenda Buffalo Common Council 6 / 22/11 Parent Trigger is part of an overall Education Deform agenda designed to Ensure High Academic Achievement for all students. Increase Parent Involvement Increase Community Involvement Increase Strident Attendance Increase College Enrollment Decrease Drop outs 1) Parent Trigger -- Puts Power in Parents hand to decide Turnaround Model 2) Neighborhood Schools - Decrease Bussing 3) Afterschool programs 4) Voting on school budget 5) Expanded Stakeholder Committee — Mayor, Common Council 6) Employment op ortunities — Coaching, Truant officers, Security 7) Residency Requirement 1 �11 rp The District Parent Coordinating Council is: "Building capacity for parent involvement to improve student achievement' . Buffalo r��Pcc Re formED Parent Empowerment Act of Buffalo, also known as The Parent Trigger Law The Parent Trigger bill first passed in California in January 2010. The proposed bill for Buffalo follows closely to the original bill from California and includes recommendations for an improved bill that.protects the best interests of parents, which is a system of schools that prioritizes students. 1. Why Parent Empowerment is essential.for improving the Buffalo Public School System: The Parent Empowerment Act of Buffalo will empower parents to improve their children's low - performing schools with the urgency that the situation demands. The Parent Trigger will be a new right for every parent in Buffalo that gives parents – for the first time ever -- the legal power to transform their school through community organizing. The Parent Trigger is a transformative new way of reforming education —by giving real, legal power to parents to fight for their own children's education. Buffalo Public Schools are in crisis. about 50% of our students graduate, and of that 50 % only 15 9x' are college - ready. Further, only 25% of black males graduate from the BPS in a majority African American school system, Buffalo spends $23,000 per student and the results are staggering; our children aren't afforded the opportunity of an excellent education system. The livelihood of the city depends on a high - quality education system that will put the needs of students first, Unfortunately, the BPS is operated by adults primarily to protect the interests of those adults. If this were not true, our school system would be thriving. The Buffalo Public Schools system educates nearly 33,000 students in 59 separate schools. 13 of the 59 schools are currently on the State's "Persistently Lowest Achieving list, 33 are in good standing, and 13 schools are struggling and will likely be placed on the PLA list in the near future The District Parent Coordinating Council has expressed concern with the District's disregard for parent input, highlighted in the past few months when the Buffalo Board of Education and the district administration have passed and implemented policies that will impact their children without asking the DPCC for their suggestions or support. By empowering parents to have a stronger voice in reforming our school system, the system will operate in the best interest of children and not adults. Education should be focused on the needs of children instead of those of the adults. As parents are the only people in the system who puts the needs of children first, without conflict of interest, it stands that they should have the ability to make tough decisions that will take into account the very best outcomes for our students, The parent trigger law gives power back to the parents so as to ensure that they have opportunity to effect change on behalf of their children It, The Parent Process; The Parent Trigger applies to every school in the city of Buffalo that is not in "good- standing with the State. If the parents at one of these low - performing schools want to transform it, they must first pick 1 of the 4 Federal Turnaround models and then collect signatures from at least 50% of the represented parents at their school. Each school transformation option, with the exception of the school closure, will require that the current student body is offered continued enrollment at the transformed school. `For schools that are already identified by the state as PLA, the parents at that school can organize behind their preferred turnaround model and the district must abide by that plan, unless the school district has already submitted a plan to the state for a federal School improvement Grant. School Transformation Options: President Obama has laid out several ways for a low- performing school to be transformed into an excellent school. The Parent Trhmer emnowers narents to nhomt, env nnr of 0w-QP f' .,,,t; 'rt,m., >e. 1) Charter conversion: If there is a nearby charter school that is outperforming the low- performing school, parents can bring in that charter school to transform the failing school. That charter school, not the school district, will then run the school but it will continue'to serve all the same students currently attending the school. Full operational control of the school will be given to a charter operator authorized by either the local school district or the state, or partial control given to anon - Profit Education Management Organization. *If the parent petition does not spc.eify a charter operator for the charter conversion, the district should conduct an RFP Process to find the best charter for the school takeover. If the district fails to do this in 30 days of validating the petition, the state must conduct an RFP process to find the best charter for the school takeover. 2) Turnaround: If parents want huge changes but want to leave the school district in charge, this option should be petitioned. A turnaround forces the school district to hit the reset button by replacing at ]cast half of the teaching staff and the school leadership and giving the new principal more control over staffing and budget, 3) Transformation: This is the least significant change. It forces the school district to find a new principal, gives more autonomy to the principal and implements a broad school improvement plan. 4) Closure: This option would close the school altogether and send the students to other, higher - performing schools nearby. Bargaining power: If parents want smaller changes at their child's school but the school district will not listen to them, they can organize and use their signatures as bargaining power. Perhaps the most important power provided by the Parent Trigger is the ability for parents to use their signatures as bargaining .power with the district. 'There are certainly many instances where parents desire important changes that do not necessarily fit into the four school transformation options specifically outlined in The Parent Empowerment Act; and these parent demands are, in most instances, completely ignored by the school district. In this very likely scenario, parents can organize around one of the outlined options without the explicit intent of actually implementing a turnaround strategy. Rather, the organized parents can use their signatures as a credible threat to force the district to listen to and meet their demands for improving their child's school. This bargaining power holds the most transformatioe potential impact of the Parent Trigger; by giving parents —no matter what their socioeconomic status ---a real seat at the decision making table of public education, we can transform the way the school district approaches systemically reforming education by emphasizing that all decisions be made in the best interest of children, rather than adults. The Petition Process: 1) Formal participation in the petition process is limited to parents with children currently enrolled in the identified low - performing school, or the feeder school(s) to the identified low - performing school. Signatures are required from parents representing 50 % or more of the children enrolled in the school or the immediate feeder program, Although all community members have a stake in public education, parents are in the unique position of having the most at stake with the least amount of influence. In keeping with the scope of the .Parent Trigger to fundamentally shift the balance of power in the public school system back to parents, parents should not need pet from any other interest groups or stakeholders in order to transform their children's failing schools. As a logistical concerts, it would be impossible to determine the accuracy of parent signatures necessary to meet the 50% threshold when signers are outside of the public school enrollment of the identified school. Allow parents at feeder schools to participate so that they do not have to send their child to a failing school and then start organizing; parents from a feeder school will be empowered to organize alongside parents currently at that school and trigger change through petitions representing 50% of the aggregate parents in the immediate feeder program. The number of enrolled students will serve as the denominator for meeting the 50% threshold of parents: Signatures are required from parents representing 50% or more of the children enrolled in the school or immediate feeder programs" enforced by a one signature per child rule. 2) Parents will organize through a petition, not a vote. Similar to the Federal Employee Free Choice Act —a formal, public vote gives power to management and takes it away from those trying to organize, ter 3) Specific measures will be established to verify .parent signatures, and it will require each school to retain eurrent records of the names of each student and his or her guardian(s). There will also be. a strict prohibition of harassment or lying to parents about a school's record of contacts in order to dissuade parents from organizing. M. The District and State Process: Implementing Regulations 1) Excelsior List: The district and the identified school will be required to provide contact information for all parents at the school after 30% of parents have signed the petition (as clarified above, parents representing 30% of the student body must sign the petition in order to obtain the complete contact list of parents for that school). Unlike many high- performing and more affluent public schools, schools in low - income communities face unique obstacles that will result in the inability to contact a sufficient number of parents at a school. In union organizing, there are protections against this obstacle through the "Excelsior List " - --once a labor union shows strong interest amongst workers to organize (30 %a of the workers), they have a right to obtain the list and contact information for all other workers. This same rule will apply for each school in the district to empower parents to successfully organize. 2) The school district will be required to give parents notice of their rights under the Parent Empowerment Act. The district will be required to send notice and information about the Parent Empowerment Act to all parents at eligible schools within 10 business days of a school's identification as low - perforating or not in "good - standing." Parents can only use a law if they know about it, and they must be informed of their rights to transform their low - performing school 3) Harassment or misuse of public funds focused on misinforming or threatening parents to dissuade them from organizing to transform their school is strictly prohibited. The City Council will receive and determine the validity of complaints from parents about harassment received from. the district ar their school, and valid complaints will be posted publicly. After the Trigger After 50% of the parents at an identified school have signed a petition to use one of the four transformation models to turnaround their school, the District must comply with their request under the following timeline: 1) Within 30 days of receiving the petition, the district must determine the validity of the petition and publicly acknowledge receipt of the petition to turnaround the identified school. a. If the district "challenges" the petitions and determines that less than 50% of the signatures are valid, the parents of the identified school can appeal the challenge and/or will be granted 30 days to verify petitions and collect additional signatures. b. If the district determines that the petitions are valid, but cannot implement the identified transformation, the State Board of Regents must hear the case and determine the viability of the district to implement the identified transformation. If the State Board of Regents determines that the district cannot implement the identified transformation, the parents can appeal to the State Supreme Court. Within 30 days of determining the petition valid, the District must propose to the school board and the parent-body the proposal to implement the transformation option. Within 60 days of receiving the petition, the District and the parents must hold a public meeting at the identified school unveiling the turnaround plans for that school. After comments from this hearing are taken into consideration, the District and the parents have 10 business days to complete a final strategic plan to turnaround the school. 0 0.0 4 Common counct City of Buffalo JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL M EMBER 65 NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5116 June 23, 2011 Gerald Chwalinski City Clerk Room 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION . MBEC WATERFRONT I ask that you please file the attached letter fiom Hasek's Heroes for discussion at the .tune 28` Common Council meeting. I thank you for your time and attention to this matter. if you have any further questions, please feel free to contact me at 851 -5116. Sincerely, (: �OA up'* Joseph Golombek Jr. North District Council Member JG /tjv REFERRED TO THE COMMITTEE ON LEGISLATION p L�\ 06/23/2011. 12:08 FAX 7.1.68754824 Q001/001 () c �,.. City of Buffalo Common council .tune 22, 2011 65 Niagara Square Buffalo, New York 14202 Dear Common Council, The Dorninik Hasek Youth Hockey League (Hasek's Heroes) are requesting as the approved contractor of two city ice rink facilities (Riverside — Bud Bakewell & Caxenovia — Timothy J. Burvid) a change in the minimum hourly ice fee's as per Chapter 175 of the City of Buffalo Charter. Under the city Charter the minimum rates) for city residents renting an hour of ice are far below the current hourly standards. We are requesting only the minimum hourly rate for city residents be adjusted to the fee's that have been used in the previous year(s) by the city residents, therefore the fee's the current city resident renters will pay will not be raised just continued. Chapter 175 of the City Charter and the proposed fee's: Current Current Proposed Group City Resident Non- Resident City Resident lee Youths under 18 and seniors: $1.00 $3.00 M 18 years and over: $2.00 $3.00 $3.00 Non - Developmental groups: $110.00 $180.00 $135.00 (per hour) Developmental League: $80.00 $200.00 $120.00 (per hour) Nonresident $60;00 $60.00 (non- resident) *Maximum increase per year up to 10 %* If you have any questions or comments please feel free to contact roe at 716 - 875- 4820. Thank you for your attention to this matter. Sincer 1',r r `S reen Executive Director The Dominik Hasek Youth Hockey League, Inc. 2607 Niagara Street Buffalo, New York 14207 Fax: 716.875.4824 www.hasekslieroes.org L , Yom Tu June 15, 2011 Mr. Paul McDonnell, Chair and Members of the Buffalo Preservation Board 901 City Hall, 65 Niagara Square Buffalo, New York 14202 A , Proposed Free - Standing Sign at 63 Linwood Dear Mr. McDonnell and Members of the Preservation Board, The Linwood Preservation District & Friends Association respectfully requests that the Preservation Board deny the application for installation on property at 63 Linwood of the 48" x 24" free - standing sign proposed to identify parking for two tenants of 1100 Main Street. The proposed sign is grossly oversized, and the location, contiguous to front lawn of the residence at 59 Linwood, is wholly inappropriate. The 63 Linwood property represents spot commercial zoning in an otherwise residential local historic preservation district. In addition to its violating the residential nature of the neighborhood, with consideration of a Green Code currently underway in Buffalo, similar spot zoning is not likely to occur in the future. We plead against such inappropriate in- ground commercial signage, which would inevitably be grandfathered. We have met with Mr. David Herer, CEO of ABC Amega and principal applicant, as well as Ms, Roseann McAnulty, COO of the tenant facility, UB Pediatric Dentistry, in an effort to arrive at an alternative solution. Both parties agreed to work with the Linwood neighborhood. Continuing to press for in� round sin a of ao. size does not, in the collective opinion of our residents, constitute "working with" us. Indeed, Mr. Herer has said that though his business has been located at 1100 Main for more than 20 years, they have never needed a sign, For UB Pediatric Dentistry, a tenant at that address for less than a month, to insist on its need before trying other reasonable means is not only premature, but unneighborly. There are a number of alternative ways in which users of the UB Pediatric Dentistry facility can be informed of the parking available to them at 63 Linwood; for example, verbal notice by the dentistry appointment scheduler, a small sign on the front facade of 1100 Main Street that says, Parking at 63 Linwood; inclusion of such wording on UBPD's printed materials. moreover, many people today find destinations via Google maps and directions that specify exact distances and GPS's or other navigational technology. ]Huge signs designating parking lots, if ever they were necessary, which we doubt, are passe. Although no signage whatsoever would be preferable, because we wish to work with both occupants of 1100 Main Street, we would not object to (a) a small directional sign installed in the tree lawn to the north of the parking entrance, which would render it visible to the street, or to (b) a two- foot - square sign identifying the address 63 Linwood attached to the parking lot fence, which is the size and type of sign installation permitted to identify businesses within our residential zoning. Thank you for considering our request for denial to preserve the residential nature of our historic district. Sincerely yours, � cc: Councilmembers Darius Pridgen and David Rivera Pando President REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD PETITIONS June 28, 2011 00047 � G. Alfieri, Owner, Use 253 Allen for an Outdoor Cafe (Fill)(hrg 715 ) REFERRED TO THE COMMITTEE ON LEGISLATION, �'D OFF ICE OF THE I TY CLERK °? C GERALD A. CHWALINSKI Ci Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO. Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL B UFFALO, NEW YORK 142012 PHONE(716) 851 -5431 FAX: (716) 851.4845 This is to acknowledge that I have been informed as to the time and place Xor the ublic hearing regarding: To be held in the Council Chamber, 13 Floor, City Hall On: 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 f the above. Signed (Agent/ caner Print Name 6 � � kt f Phone # IL - 75 0 1 Date 6 -fG ° ATTENTION City of Buffalo i5 Niagara' Square Buftato, NY 14202 (716)851 -4945 Fax(716)851 -5472 Report Bate 05/27/201102:47 PM A/P.# 168059 Submitted By. FLD OUTDORCAFE wilding Application Page 1 . Rtarmvz Data I Time By Date / Time By .Processed 051271201:114:43 DIGEF Temp. COQ Issued COO I Final expires -AsLoLbied Information Type of Work # Plans 0 Declared Valuation 500.00 Dept of Commerce #Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name tJ.esr�i - - RESTRICTED USE PERMIT REQUIRED 511 -57C.3 **'TO EXPAND A RESTRICTED USE, IN THE ALLEN ST SPECIAL ZONING DISTRCT. COMMON COUNCIL(PUBLIC HEARING) APPROVAL,CITY-WIDE SITE PLANNING RECOMENDATION, ENGINEERING APPROVAL REQU1RED.TO PLACE AN.8 X 24'11" OUTDOOR CAFE ON THE R.O.W, IN FRONT OF AN EXISTING RESTAURANT AS PER SCANNEDIATTACHED DRAWING AND SURVEY. Parent AIP # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 253 ALLEN BUFFALO NY 14201- Location Contact ID AC341129 Name RICHARD SASALA Mailing Address 287 ALLEN ST Organization City BUFFALO StatelProvince NY ZIPIPC 14201 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From To Contact ID AC125873B Name JR RICHARD L SASALA Mailing Address 253 ALLEN Organization STAPLES City BUFFALO State/Province NY ZIPIPC 14201 -0000 Country USA ❑ Foreign Day Phone (716)884 -4357 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 3 i Contact It) AC61489 Name SASALA RICHARD L JR Mailing Address 257 ALLEN ST Organization City BUFFALO StatelProvince NY ZIPIPC 14201 -0000 Country USA ❑ Foreign Day Phone (716)884 -4357 x Evening Phone (716)881 -1329 x Fax Mobile # I Occupant N From To Owner Y From 1210512010 To City of Buffalo 65 Niagail Square Buffalo, NY.14202 (7116)851 -4949 Fax (716)851-5472 Report €35/27/2011 02:47 PM 550624 CC APP 0 550623 ENGINEER 0 -. . OUTDCRCAFE Building Application Submitted By FLID. Page 3 N N 05127/201114 :43 I Detail 1, PRIOR REQUIRED APPROVALS Modified By DIGEF Modified DatelTime 05/27/2011 14:43 3 ommen s No Comments PRIOR APPROVALS E [ Bflo Arts Commission - j ❑ Arts Comm. Approval City Survey (con f) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement - C:) Special events C1 Bond /Certified check ❑ Assessment Combination 1 i City Engineering Common Council ❑ Admin ONice/Apts R4 ❑ First Insurances Check (J Public Works approval E) Curb Cuts C1 Beauty Parlor R2 ❑Notarized Permissiont for portable sign one year Encroachment ❑Canopy/Marquee ROW Lease showing Use ❑ RodentlVermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ Sewer/Water Cut Cl Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval City Planning Restricted Use Permit ❑ ZoningiUse Check ❑ Tree over 4" at 4' ® Citywide Site Plan ❑Oilier ❑Thruway Sign approval ❑ Subdivisions Environmental Review Preservation Board E) Preservation District ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. C) 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 MD OK DIGEF 051271201114:43 DIGEF N There is no planning condition for this project. 05/27/2011 14:43 No Records for This Search Criteria k r — r n. 45 .50VTH ��8 V�(�v � �� 2 •8[s 3 Q 0 . U p Q" 1� 1 C VC w lil n on a x` w t z 4b, t t 7 ;NMAY &S PROJGCT4.0 r — r n. 45 .50VTH oz " Wim s s ul 0 In 1 , i r DAT WHITE Es GETMAH ELLSWORTH. ®ARROW a POLLARb 1'RFgOERfCEC K, WING CO. r �* i ��8 V�(�v � �� 2 •8[s 3 Q 0 . U p Q" 1� 1 C VC w lil n on a 4b, t t 7 ;NMAY &S PROJGCT4.0 l 1 Pmer — '• f, 'r � * q »-,.-4 -7 ' 8 glUF LDkN� Conccp, .TCi �A� o� ' `aoUT�l ON L-iNe - 0.0z - R 0..30 e O. SeitsHYV81 51GfJ 8.O SoU7N oz " Wim s s ul 0 In 1 , i r DAT WHITE Es GETMAH ELLSWORTH. ®ARROW a POLLARb 1'RFgOERfCEC K, WING CO. r �* i mom H. Persaud, Owner, Use 1122 Elmwood AIWA 579 Forest for a Sidewalk Cafe (North)(hrg 7/5) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD 7�� - i GERALD A. CHWAL.INSKI City Clerk Registrar of Vital Statistics WILMER OLIVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY MALL BUFFALO, NEW YORK 94202 PHONE: (796) 851.5439 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: - -- 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 (Agen Owner} Print Name lam° , , i-wone # ` 17 " /) Cl e\ -5 U Date C - f3 - / / C P66-1 _._.__... _. City of Buffalo OUTDORCAFE wilding Ap plication 65 Niagara , Square 'Buffalo, NY 14202 i (716)851-4949 Fax (716)851 -5472 q I Report Date 06/1312011 02:30 PM Submitted By FLD Pagel A/P #. 154911 Date / Time By date / Time By Processed 06/04/2010 14:31 GRUND Temp COO Issued COO Final Expire Ass Type of Work # Plans 0 Declared Valuation o.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews. Bill Group FLAT Actual Valuation 0.00 Square. Footage 0.00 Name �!]a_ 4�ril�tinn of Wt?sk _ COMMOM COUNCIL APPROVAL REQUIRED, SECTION 511 -56 D (1), FOR EXPANSION OF A RESTAURANT USE IN THE ELMWOOD BUSINESS DISTRICT. PUBLIC HEARING REQUIRED. PLACE A SIDEWALK CAFE TO THE FRONT AND RIGHT SIDES OF A SIT -1N RESTAURANT. PROPERTY SURVEY REQUIRED, DRAWING REQUIRED, SURVEY /SKETCH SCANNED. A KA 579 FOREST. Parent A/P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 1122 ELMWOOD BUFFALO) NY 14222 - Location AKA 1124 ELMWOOD Contact 1D AC1230876 Name 1256 HERTEL AVE ASSOCIATE Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST StatelProvince NY ZIP /PC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/0612007 Contact ID AC221034 Name 1256 HERTEL AVE ASSOCIATE LLC Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST StatelProvince NY ZIP /PC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04/16/2004 To Contact ID AC33406 Nance CHAINANI RAMESH L & W Mailing Address Organization City 773 NIAGARA FALLS BOULEVA StatelProvince AMHERST NY ZIP/PC 142264129 Countty Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo OUTDORCAFE Buildin Application 65 Niagata Square .Buffalo, NY 14202 (716)851 -4849 Fax(716)851 -5472 I Report Date {76113/2011 02:30 PM Submitted By FLD . Page 3 There are ria Inspections for this Report 551826 CC APP 0 N 509137 ENGINEER 0 N 06!041201014:31 MEN Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified DatelTime 06!1312011 14:27 Comments No Comments PRIOR APPROVALS ' Bflo Arts Commission City Survey (con ?) Permit Office Asbestos Abatement ❑ Arts Comm. Approval ❑ Subdivisions ❑ Asbestos Survey ❑ ❑ Special events ❑ Bond /Ceifitied check ❑ Assessment Combination Common Council ❑First n Check City Engineering ❑ Admin Otficempts R4 ❑ Public Works approval ❑ curb Cuts ❑ Beauty Parlor R2 ized rmi ❑Notarized Permission! for portable sign one year ® Encroachment ❑ Canopy /Marquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ oversize Trucking ❑ Freestanding Sign ❑ Se+ver/Water Cut E) Sewer Retention Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication I ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval �I Restricted Use Permit ❑ Zonin IUse Check g ❑ Tree over 4" at 4' City Planning ❑ Other E) Thruway Sign approval ❑ Citywide Site Plan Preservation Board Subdivisions Environmental Review" ❑ Preservation District ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. E) N.E.P.A. ❑ Contiguous Check City Survey Address Permit Law Office Water Department I ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention MD OK DIGEF 061131201114:28 GRUND 061041201014:31 N P E .v ^� �-. � - f� r" .6 � tll �� ="�✓` - :- �.,..://' y - -� -�'- cam' .lM r✓ � � _ _� y .� � �.,s:_ _ ✓"y -c'r" �. _ �'`�jt`� „r, r '`:� --mow° � -. �'.. '��� -s'� -� G� ���- T - -�'S� "i - �l"'KS" _ ws r.# E " [ There is no planning condition for this project. _ ., r � "� v G J i �„ r ✓J - /� �� §s r-� � r ✓9'- .' =,!'� ' f r �,.� s" - - S ✓ yg.`y�`.° -=� .rte „r �%r.S C�" •?��^�� .�!-, s � •t ' .-lJ : a� -=sue a =•,t -. ✓ /rr?`+±r- u� r� ,�-- ELMWO t 0 4VE �.:DO. rBLUG. O.Y4 �JrN a/Z NA4rN ; 0.05 sOUrN 1.71 WE : 40. 0 2,71 WE$ 2.70 wrsr CNTRANCE QvERHANU ' 2 m 5 rL"c4Y ! STORY R 112 eRrex srY. _.� 'FRAME � fi BRx. 1124 1 1122 EAViS. ` c: 0.7NA7TN 6 / 4 rN — • E ON - BL DG. 1,7S NOR x PARALLEL 1b1' � 41 fg r OVl*RNAht7 .; BLDG_ SLD0, ' I.N NORTH l ' r (' 0. r 8 NORTN BLU E., t t, j 2' 04 CAST 0.68 N. f. 0.62 EA ST .' &A,Sr Of 0.03 saim P STY. DRx. GAR. ., PARALLEL WITH El.,Mk'bOD AVE, SURVEY MAP OF; S7Rr L r Itva�`AU�,•a <w. ! s,ae 112 -- 114 . _,MWpDJ.AYNt1� LOT I „r �,,Fr, �+IF _ _ RE€�E A. SAUVAGEALI DatE � 3_ + Q S$t l _, — rwr LICENSE- p LANO SVFiV£Y JF tE r SUB L�7 l9r pAri �fE..e Ii4iC..., -„- ., C.OVE1+ I NIAGARA COS, N. Y. Job Nk. €rJAIF u =. rnta fJ .. f+kV15FG ExamplionCerl 5re.728Ee u.41 AITERA3'Clk C1 p. AL)(.?31r(1tr TAI 'IriFS ®fJrUA�EI+rT ES Ii V,(JE g71E3t+I Vi SHC7 ;Jn 77OJ +'FiC >V,51(?N : f)F IVE4'V YUft +. 5 EOUCAT,pty s... - LA1i'. THlSpi3CUMkh'7 Vt7+ bLF1 Vl[` s': r( �1Bf .�55L(JYr'71+f�IV.Ylirtr`a�t.,t f. �CF .M +LU�APt1.iSUliVgYOlt:iSE• \t A'U 4}0 }u, ` C1 TY OF BUFFAL4 PERMIT & INSPEC'T'ION SERVICES BRYWN W. BROWN Mayor OFFICE OF LICENSES 65 Niagara Square 301 City Halt Buffalo NY 14202 (716) 851 - 4078 / FAX (716) 851 - 4952 JAMBS COMERFORD, Jr. Commissioner Applicant Nance Business Name Business Address street city Requirements: M 1. Applicant has a Restaurant License. (Restaurant License Number _• l q'4 3 _ } 3q 2 0 General Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses Roam 301, Buffalo NY 14202 as the policyholder with a ten (10) day cancellation clause. 3. Dimensions of the cafe 'WNumber of tables Number of chairs 4. Describe method, of installing cafe boundaries ( ex. wooden deck with railings, wrought iron railings, flower boxes with rope attached). Cafe ana .not be erxnanentl affixed to the main buil or the public sidewalk. . Provide a drawing of the proposed cafe. Show the existing building, the area to be occupied by the cafe, and the area of public sidewalk remaining for pedestrian passage. A minimum of four feet of uninterrupted public sidewalk must exist after installation. of the cafe. Use the reverse side if needed, rr tI 9 6 ? Subscribed and sworn before me this day of 20_ Commissioner of Deeds in and for the City of Buffalo V . 7- Z'-- state ZIP Applicant Signature I � v w ° `e°_ --- Signature of owner of building, if different than applicant 0 00 4 9 D. Hannon, Agent, Use 166 Franklin for an Outdoor Patio (Fill)(no hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD _� fl kt NAME OP o'JAme PROJECT REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL, 1 , T' 0 .179 isl -41 THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 06/16/2011 10:49 AM AIR 8/ 168695 OU T®ORCAFE Building Application I 0. Submitted By Mike Castro Page 1 Date / Time By Date I Time By Processed 06/16/2011 10:40 CASTM Temp COO Issued COO Final Expires nformatinn __ Type of Work . # Plans 0 Declared Valuation 3000.00 Dept of Commerce # Pagas 0 Calculated Valuation 0 .00 Priority Auto Reviews Hill Group Actual Valuation 0.00 Square f=ootage 0.00 Name .S�ICi * °"Coinman Council Approval Required" "No tee & :na pubfic hearing,'Place a 56' X 8' 10" "outdoor patio to the side at a restaurantlf�ar. Survey and sketch filed. Parent AIP # Project # ProjecWhase Name Phase # Size /Area Size Description Address 166 FRANKLIN BUFFALO NY '14202- Location Contact ID AC1320453 Name HURON GROUP INC Mailing Address 210 ELLICOTT SQ Organization HURON GROUP INC City BUFFALO State /Province NY ZIPIPC 14203 Country USA ❑ Foreign Day Phone (716)854 -0060 x Evening Rhone Fax Mobile # Occupant N From To Owner Y From 06/1212011 To Contact ID AC79079 Name HURON GROUP INC Mailing Address 210 ELLICOTT SQ, SUITE 210 Organization city. BUFFALO State /Province NY ZIPIPC 14203 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile Occupant N From TO Owner. Y From 05/2812000 To 05/0612007 No Addresses are linked to this No Addresses are linked to this Application 1.114500003009000 No Parcels are linked to this Application City of Buffalo 65 Niagara.Square Buffalo, NY 14202 .(716)851 -4949 Fax(716)851 -5472 L Report Date 06/16/201110:49 AM No Conditions There is no planning condition for this project. No Records for This Search Criteria OU T®ORCAFE Building Application r Submitted By Mike Castro Page 3 Business D.B.A. franky mohawk's Length 56 Width 8 . 0 Location of Patio: ❑ Front ® Left Side ❑ Right Side ❑ Rear Total Area 448 sq. ft. If There Is A Raised Deck Deck Height above grade ft. Does the Patio have its awn exiting? (Required)® Yes ❑ 1 step - No handrails required, no guardrails required. Is this required exiting adequate for the patio area 70 Yes ❑ 2 steps or more - Handrails Does the patio involve or affect required exiting from the building's Yes required each side of stairs; no guardrails required until Width of public sidewalks /walkways remaining for pedestrian passagg 2 ft. deck Is 30" or more in height. Q Deck 30 ": or more in height - Type of patio boundaries. Handrails and guardrails required. metal tubinglcanvas Tread width`( = Exit Width) in. Number of Tables: 8 Number of Chairs; 24 There are no Items in this list No Employee Entries No Log Entries NOTE' TfuS Sufivty WAS VNE•AFtilu WITHOUT THE 43EFIEFIT OF AN ASST11ACT OF TfftE AND IS SU13JECT TO ANY STATE OF I'Arls THAT MAY OF FIRVEALEll By AN tXAPAWATION OF SUCH. FRANKU N e ST F•tT Ql k 'JI Tl Ir cIfy;T- rou"Iyy or I Al OF WAY Y'5341 " U"UT 'JUHQCU AtTTQArI (AT AVD;l;.Pj U Le , ANY :ivIlljF. WAY;: NCI.Dk SICIII, ?FII;AETC)14.J�kA,4k'tliIV.F 'k)IIE3 ftiO.J,i' Lngineers urveyons WA S I El7T I ; , N --- 'kOl BRISOAP& BUILDING, BUFFALO. [,-.Y 1.120 3 'ra, (7 I61852-09C,6 FAX:T71G1 8f SCALL JOB DA I F E 3� - BOOK PAGE ;;v BEAN ALLEY 4 — ',4 N 4�y /,72-v A wa - FRANKU N e ST F•tT Ql k 'JI Tl Ir cIfy;T- rou"Iyy or I Al OF WAY Y'5341 " U"UT 'JUHQCU AtTTQArI (AT AVD;l;.Pj U Le , ANY :ivIlljF. WAY;: NCI.Dk SICIII, ?FII;AETC)14.J�kA,4k'tliIV.F 'k)IIE3 ftiO.J,i' Lngineers urveyons WA S I El7T I ; , N --- 'kOl BRISOAP& BUILDING, BUFFALO. [,-.Y 1.120 3 'ra, (7 I61852-09C,6 FAX:T71G1 8f SCALL JOB DA I F E 3� - BOOK PAGE ;;v 00 050 J. Marciniak, Agent, Use 333 Amherst for a Gas Station (North) {no pub hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD 0 } - 33 3 NAME O ADEN IOWNER ADDRESS THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851-5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. I ld- 4 1 P1106--c' City of Buffalo. 65 Niagara Square Buffalo, NY 14202 (71,6)851 -4349 Fax (716)851 -5472 Report gate 06/21/2011 04:04 PM Submitted By DAVID KRUG GC Building Application Page 1 A/P # 168859 84 60— Date 1 Time BY Date 1 Time By Processed .061 15:46 DIGEF Temp COO Issued COO Final Expires -Associated Information Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0:00 Square Fo 0:00 Name otion of Work CoWON.COUNCIL APPROVAL REQ. (SECTION 511-28 E2) NO PUBLIC HEARING REQ. NO FEE:' CITY WIDE SITE PLANNING APPROVAL REQUIRED "' ERECT A GASOLINE STATION KIOSK, CANOPY, PUMP ISLANDS AND UNDERGROUND GASOLINE STORAGE TANKS IN THE PARKING L- LOT . OF A TOPS MARKET, AKA 345 AMHERST ST. Parent A/P # Project # Project/Phase Name Phase # Size /Area S iz e Description i Address 333 AMHERST ST BUFFALO NY 14207 - Location f x tt �: I Contact ID AC273203 Name 345 AMHERST ST CO. LLC Mailing Address PO BOX 1027 Organization City BUFFALO State /Province NY ZIPIPC 14240 Country USA ❑ Foreign Day Phone Evening Phone Fax M # Occupant N From To Owner Y From 03/17/2005 TO . Contact 10 AC 1224826 Name BENENSON CAPITAL COMPANY Mailing Address Organization city 708 THIRD AVE State /Province NEW YORK NY ZIPIPC 10017 Country [� . Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02122/2005 To 05/06/2007 Contact ID AC27362 Name BENENSON CAPITAL COMPANY Mailing Address Organization city 708 THIRD AVE State /Province NEW YORK NY ZIPIPC 10017 Country Foreign Day Phone Evening Phone Fax Mobile # oupan rem o 5128/7000 - - - -,t 6- City of SufEalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 06/21/2011 04:04 PM Submitted By DAVID KRUG GC Building Application Page 3 552736 BCODEREV 0 N 061211201115:46 552747 CC APP .0 N 552737 CITY WIDE 0 . N .. 06/21/2011 15:46 552740 ELECTRICAL 0 N 061211201115:46 i 552738 FPLAN 0 N 061211201115 :46 552741 HPLAN 0 N 061211201115:46 552739 PPIAN 0 N 061211201115:46 Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Datefrime 06/2112011 15:45 Comments No Comments . PRIOR APPROVALS Bfio Arts Commission City Survey (can't) Permit Office ❑ Asbestos Abatement ❑Arts Comm. Approval ❑ Subdivisions ❑ Asbestos Survey ❑ Special events ❑ Bond /Certified check ❑Assessment Combination Common Council ❑ First Insurances Check City Engineering ❑ Admin Office7Apts R4 ❑ Public Works approval ❑ Curb Cuts El Beauty Parlor R2 D Notarized Permission! for portable sign one year ❑ Encroachment . ❑ Canopy /Marquee ROW Lease showing Use ❑ RodentNerrnin Bait encroachment ❑ Oversize Trucking ❑ F €eestanding Sion ❑ SewerlWater Cut El Sewer Retention . ❑ Plumbers' Cuts ❑ Human Service Facility ❑Simple Demolition El Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW D Simple. Plan Approval ❑ Restricted Use Permit ❑ Tree over 4" at 4' City Planning ❑ Other D Zoning /Use Check ❑ Thruway Sign approval Citywide Site Plan Preservation Board Subdivisions Environmental Review [] Preservation District E) Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. El N.E.P.A. [Q Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development D Insurances Check ❑ New Water Supply ❑ flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By DIGEF Modified Dateffime 0612112011 15:46 Comments _� ;� ��_ �. ��=." w: § �x £ �� � �' , ID 005) F Appoint Senior Accountant(Tomp)(3` Step)(Wachowski)(Compt) Ccp## 11., 5/14 Mrs. Russell moved That Communication 11 of June 14, 2411, be received and Filed and that the Temporary appointment of Ronald L. Wachowski, 134 Weimer St., Buffalo, NY 14206 at the 3` Step of $47, 575,00 is Hereby approved. PASSED AYES - 9 NOES - 0 I Recommended by the Committee on Civil Service D *AYE *NO* FONTANA FRANCZYK GOLD EK KEARNS LOCURT® PREDGEN RIVERA a: 0005 p Notices of Appointments- Ternp /Prov/Perrn Ccp# 35, 6/14 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Civil Service I � 000 - 03 Appoint Assistant Corporation Counsel II(Perm)(Osher)(Law) °� s Cep# 32, 3/22 Mrs. Russell moved That the above item be the same and hereby is returned to the Common Council without recommendation. l ow move o approve ermanent ointment Os r, 42 ledg Driv, , Amher 226 a e minimum X64,9 is hereby approved A ES - O Recommended by the Committee on Civil Service Mrs. Russell moved that the above item be recommitted to the Committee on Civil Service. ADOPTED. �:, ,_ �: - - �;. 0005 � 3 Allied Collection of Recyclable Materials (PW) (Item No. 15, C.C.P., June 14, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval Mr. Kearns moved, That the Commissioner of Public Works, Parks and Streets, is hereby authorized to extend the current contract between the City of Buffalo and Allied 'taste for the collection of recyclable materials ($153,020.63) until the new contract is processed. Passed. Recommended by the Committee on Finan Chair TAB:rmv [:I Nvp60\tiisNvord\rniv14c6- 28c.doe E_ FONTANA * g�ypp� -���yy - C *' 4.P O V E * ' S ' LOCi RTO 9fl 7C py' 9�.� G -`- ygg yy $�� iG y g RUSSELL X maj 5 8a 6 3/4- 7 . N✓ t'} 0005 _ Allied Material Processing of Recyclable Goads (PW) (Item No. 1.6, C.C.P., ;Tune 14, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Public Works, Parrs and Streets, is hereby authorized to extend the current contract between the City of Buffalo and Allied Waste for the processing of recyclable materials on a month -to -month basis, beginning July, 1, 2011 not to exceed six (6) months under the same terms and conditions of the existing contract. Passed. Recommended by the Committee on Financ Chairman TAB:rmv t :\wp6O1jnswordlnnv\5c6- 28c.doc 5 { AYE NO FONMWA FRANCZYK LAD n. K y y-�� E[ �. S - i g� ® q 8Y] ■YyYy�yT}i Hgpb���rypyy ' Ad ®+LN4liW.8 kl PRED GEN TP 6d l.R 88L� 1. RUSS 3� 213 ° 6 314- 7, Q 0 0 5 �N Request for Approval -Ice Rink Mngt Svs -Btwn COB & North Buffalo Bisons Hockey Assoc. (PW) (Item No. 23, C.C.P., June. 14, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets, is hereby authorized to enter into contracts for ice rink management services between the City of Buffalo and North Buffalo Bisons Hockey Assocaition, Inc and City of Buffalo and The Dominik Hasek Youth Hockey League, Inc. for the Management of the following rinks and upon the following conditions: 1. A contract between the The Dominik Hasek Youth Hockey League, Inc. and the City of Buffalo for the management of the Timothy J. Burvid (Cazenovia) Rink upon the condition that the Cazenovia Hockey Association experience no reduction in ice time from 2010 levels throughout the duration of the contract term. 2. A contract between the North Buffalo Bison. Hockey Association and the City of Buffalo for the management of the LaFayette Hockey Rink. 3. A contract between the Dominik Hasek Youth Hockey League, Inc. and the City of Buffalo for the management of the Bud Bakewell (Riverside) Rink. Passed. Recommended by the Committee on Finance Chairman t:hvp60Vnskvord\mAv16c6- 28e. doe a E, U aj -5 2/3- 6 314- 7. * AYE * N® * * FONTANA FRANCZYK * * GOLOE * * * * 00057 Request for Pen - nfission to Accept Funds for Grants Awarded to Olmsted parks Conservancy (PW) (Item. No. 24, C.C,P., June 14, 2011) That the above item be, and the same. hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets, is hereby authorized to accept grants awarded to the Olmsted Parks Conservancy for various City of Buffalo Parrs as detailed in the above communication. Passed. Recommended by the Committee on Finance rman TAB:rmv t: i %vk160 \jnsNvord\rniv17c6- 28c.doe *AYE*NO* FONT ANA FRANCZYK GOLOMIBEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL M � 5 f3 - b 314 - 7 00058 Proposed Agmt With Workforce Corp to Administer the Mayor's Summer Youth Program(Com Serv) Ccp# 30, 6/14 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance 0000-9 M. Kearns -Caz Park Hockey Association Concerns Ccp# 41, 6 /14 Mr. Kearns moved That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Finance Cq MMM M. Tritto -BCCC Req Funds From COB Asset Forfeiture Fund Ccp# 50, 6/14 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance `rte` ,o R 4� Contract First Nia. Risk Manag. Medicare Mandatory Insurer Reporting Services (HR) (Item No. 31, C.C.P., April 5, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Kearns moved: That the Commissioner of Human Resources , is hereby authorized to enter into a contract with First Niagara Risk Management for the administration of .Medicare Mandatory Insurer reporting scrvices for the City of Buffalo upon the same general terms and considerations included in the above item. Passed. Recommended by the Committee on Finance hairman TAB:rmv tA%vp60\nmvord\rn1v. I I c6- 28c.doc 7��SI AYE * N0 FONTANA FRANCZW GOLD ETA KEARNS LGCTO x PRID GEN RIVERA RUSSELL 0046` Request for Contract Approval- Law Enforcement Psych. Assessments — Entry Level Police Candidates (HR.) (Item No. 32, C.C.P., April 5, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Reams moved: That the Commissioner of Human Resources , is hereby authorized to enter into a contract with Law Enforcement Psychological Associates to conduct psychological assessments as part of the entry-level Police officer selection process for the City of Buffalo upon the same general terms and considerations included in the above item. Passed. Recommended by the Committee on Finance hairrnan TAB:rmv tANYp60\mswordVmv, 1 26- 29c.doc iv * A.YE * NO * * * PREDGEN RIVERA * Q 0 06g M. Kearns - Dominion Resources Water Service Line Repair Ccp# 32, 2122 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Finance I3 COMMUNITY L (Michael J. # , Chairman) C. Griffasi -Idea For Retail Deve in Downtown Buffalo ( #37, 5/31) Mr. LoCurto moved: That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Community Development :, 06 B. Bray -Info CDBG Program Funding FY 2012 ( #3 5, 5/31) Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development € I� 0 A Call to Revise the CDBG Program Funding; Formula (except res) ( #89, 2/22) Recommended b the Committee on Community Development Y t3' p fi �-�`µ� k ,,... ® -.,.- no] MW T. Goodson, Owner, Use 3223 Bailey, Placement of Three Steerage Pods for Temporary Storage (Item Igo. 51, C.C.P., June 14, 2011) That the alcove item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombek moved: That the Commissioner of Permits and Inspection Services is hereby authorized to issue a restricted use permit to the applicant for the placement of three storage pods behind a fenced enclosure at 3223 Bailey Avenue. Passed. Recommended by the Committee on Legislation 'Chairman TAB:rmv t Awp6QXmwordVmv.170- 28c.doc l� AYE NO FONTANA FRANCZYK COLS LIB KEARNS ' LO.CTO PRIDGEN RIVERA $p RUSSELL x S 'IC RL' 2/3- ID6 3/4 1 - ' ' 000`3 B. Bernatovicz, Agent, Use 639 Michigan. Avenue to Erect a.Free Standing Sign (Item No. 53, C.C.P., June 14, 2911) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval, Mr. Golombek moved: That the applicant is hereby authorized to erect a ground sign to the front of a lot for a manufacturing/storage plant located at 639 Michigan Avenue pursuant to Chapter 389 as said sign is described in the application materials. Passed. Recommended by the Committee on Legislation> 4hairman TAB.rrnv t:twp60\mswor&miv. 180- 28c.doc * AYE * NO FONTANA *, FRANCZYK GOLD EIS LO TO PREDGEN RIVERA RUSSELL Maj , . 5 2!3 ® 6 3/4- 7 00069 F3 �, M. Guzowski, Agent, use 357 Ontario Street For A Food Pantry (Item No. 54, C.C.R, June 14, 2011) That the above item be, and the sage hereby is returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That the Commissioner of Permits and Inspection Services is hereby authorized to .issue a restricted use permit to the applicant to use an existing storefront for a food pantry as described in the application materials, after any and all other necessary approvals for said use have been received. Passed. Recommended by the Committee on Legislation Chairman TAB :rmv f: Avp60Vnstvord\miv.l90- 28c.doc F- A� *A E *PTO* F'ONTANA * FRANCZYK * GOLOMBE * * LO TO * PRIDGEN * RIUVERA * RUSSELL * S M �6S 2/3- 6 3/4- 7 0 007 6 Name Mulroy Park Playground Area --- George He a� Playground (Item No. 67, C.C.P., May 31, 2011) (Item No. 75, C.C.P., June 14, 2011) That the above item be, and the same hereby is returned to the Common. Council without a recommendation. Mr. Golombek moved; That the Common Council hereby approves the naming of the Mulroy Park Playground Area —'George Herrmann Playground." Passed. Recommended by the Committee on Legislation �� z � .1C � Chairman f TAB:rmv t - .Nwp60\insword\rmv.2 ©c6- 2$c.doc Mr. Fontana moved to open the public hearing seconded by Mr. Kearns Appearances Steve Banko Councilmember Kearns Mr, Fontana moved to close the public hearing Seconded by Mr. Kearns *AYE*NO* FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO PREDGEN RIVERA RUSSELL SwfMI Maj- 5 2 /3.6 314- 7 0007 Licensing Property Managers (Item No. 101, C.C.P. June 14, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the Common Council requests that the Department of Law, in partnership with this honorable Body, the Department of Permits and Inspections and any other necessary departments, begin drafting legislation to regulate and require licensing of property managers wbo do business in the City of Buffalo; That the City Clerk shall forward copies of this Resolution to the Mayor, the Commissioner of Permits and Inspections, the Acting Corporation Counsel and the City of Buffalo Housing Court Judge. Adopted. Recommended by the Committee on Legislation. C ", A Chairman IT TAB:rmv t :1wp601tiisword%rmv.21 cG -28c. doc to 0f Bi- Annual Meetings of COB IDepts and Agencies with the CC (Item No. 105, C.C.P. Jane 14, 2011) That the above item be, and the same hereby is returned to the Common. Council with a recommendation for adoption. Mr. Oolombek moved; That the Common Council respectfully requests that all City of Buffalo departments and agencies come before it on a bi- annual basis to discuss any pertinent changes, issues, and updates to the respective departments and agencies. That the City Clerk send certified copies of this Resolution to all City ©f Buffalo Departments and related agencies. Adopted. Recommended by the Committee on Legislation thahTnan TAB.rmv t;%ivp641niswordVmv.22c6 28c.doc Fy �7f _ Second Hand Dealer — 301 East Utica (Item No. 34, C.C.P. May 17, 2011) (Itern No. 62, C.C.P. May 31, 2011) (Item No. 76, C.C.P. June 14, 2011) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombe moved: That pursuant to Chapter 254, The Commissioner of Permits and Inspection Services is hereby authorized to issue a Second Hand Dealer License to Ruth Kennedy dibla Dirt Cheap for 301 East Utica. Passed. Recommended by the Committee on Legislation � ' )iR AL r ' Chairman TAB.rmv tAm 0- 28c.doo st Al e "� D. Rivera - Support of Community Gardens in the City of Buffalo {##41, 513 1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED f Recommended by the Committee on Legislation - . ; �w - - U — 0007 5 D. Smith - Invite Paul Gaughn to Legislation Meeting 3/29/2011 ( #67, 3/22) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 77 i i 0 is 00076 Creation of a Special Zoning District -Pan American(exe res) .( #73, 1111) Mr. Golobek moved: That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Legislation 00077 Dissolution of Bailey /Amherst District Mngt Assoc (except I & 2 n Res) ( #104, 6/23)059, 10/14) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation ,q RESOLUTIONS .dune 28, 2011 0 RESOLUTION Sponsor: Richard A. Fontana Re: WAIVE PERMIT FEES ASSOCIATED WI'T'H THE INSTALLATION OF A HANDICAP RAMIE AT 86 R:OGERS AVE, WHEREAS, Improvements are planned for a home in the Lovejoy District located at 86 Rogers Avenue which will make the home handicap accessible; and WHEREAS, These improvements have been necessitated by a recent stroke suffered by the home's owner, a longtime Lovejoy.District resident; and WHEREAS, In addition to their physical disability, the resident of the property in question also has a financial hardship which has made funding the improvements needed to 86 Rogers Ave. a challenge; and WHEREAS, Recognizing this hardship, the United Way and other volunteers are currently working with the resident to help them effectuate the improvements necessary; and WHEREAS, Before such improvements can be made, certain permits must be obtained from the City; and WHEREAS, The City has been asked to waive all permit fees associated with making the necessary improvements to 86 Rogers Ave. in order to facilitate making this home handicap accessible; and NOW THERFORE BE IT RESOLVED, That the Common Council does hereby request that the Department of Permits & Inspection Services, as well as all other involved Departments, waive all permit fees associated with the construction of a handicap ramp at 86 Rogers Ave.; and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to James Comerford, Commissioner of Permit & Inspections Services, David Rodriguez, Acting Corporation. Counsel, and Joseph and Pamela Schmid, who reside at 86 Rogers Ave., Buffalo, NY, 14211, for their review. Richard A. Fontana Common Council Maioritv Leaden Lovejoy District Council Member nd of school year for buFfalo, NV public Property Information Owner Name Assess Address ripcoide SWIS SCHMID JOSF-Pi4 :F, -� PAME-t : 3 as RCGERS 14211 k,47011 Prop Vass Front Depth Census * 22D 0200030 0000i01 3700la7 Police Dist. Con -press Senate KYS Leg. 028 058 005 Total Assessed; Value Taxeate Cross iP:ropeil 3'ex Total Assiatue S39'aMOS "i View Ii-ngravermies j Residental,"Comrnerical Invii Return to Main Search sieve Sales Return to SBL Proip.,Desc ption 10126000CSOOL0OID 840 48 N. Ge esee Land Vatue Councilmati Dist. LO Taxrate Gross Sew r Tax View Sillsd PmDerh Taxes * AI'E * NO FO.A x FRANCZYK GOLD EIS KE S LOCURTO PREDGEN . RIVERA RU SSELL .,, 213 -6� 3 /4- 7 . 00079 By: Mr. Franczyk RE: Council Appointment to the Rental .Assistance Corporation (RAC) Board of Directors Whereas: Pursuant to the requirements of a contract with the Rental Assistance Corporation (RAC) and the City of Buffalo, the City has four appointments to the RAC Board of Directors; and Whereas: The Council has two one year appointments to the RAC and the Mayor has two one year appointments; and Whereas: Presently both Common Council appointments are vacant; and Whereas: Fred Heinle, M Trinity Place, Buffalo, NY, 14202, is currently on the Board as a Mayoral appointment. His terra is expiring at the end of this month; and Whereas: Mr. Heinle has expressed a desire to continue serving on the RAC; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby appoints Fred Heinle to the Rental Assistance Corporation (RAC) Board of Directors for a one year term commencing July 1, 2011 and ending on June 30, 2012; and Now, Therefore, Be At Further Resolved: That a copy of this resolution be forwarded to the Rental Assistance Corporation, 470 Franklin street, Buffalo, NY 14202. avid A. Franczyk fit 3 4� 0 0 OS 0 By: Mr. Franczyk RE: Grant Permission for Buffalo Place to Hang Banners — Erie Canal Harbor Concerts Whereas: Buffalo Place works to promote Downtown Buffalo as a great place to live, work and play by producing many special events; and Whereas: Buffalo Place is celebrating the 25 "' year of Thursday at the Square; and Whereas: In order to capitalize on the substantial public investment in and around the Erie Canal Harbor, Buffalo Place is moving six Thursday at the Square concerts to the Erie Canal Harbor; and Whereas: In order to inform the public and celebrate the concerts they are producing at the Erie Canal Harbor, Buffalo Place is requesting permission to hang banners on some of the light poles on cobblestone streets Prime and Hanover at the Erie .Canal Harbor; and Whereas: Buffalo Place would like to hang the banners from June 29, 2011 until August 29, 2011; and Whereas: Buffalo Place has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of said banners; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo Place to hang banners on Prime Street (pole numbers 6, 7, 8, and 9) and on Hanover Street (pole numbers 2, 3, and 5), from June 29, 2011 until August 29, 2011; and Now, Therefore, Be It Further Resolved: That said banners 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. A. Franczyk 4r . k ir"Pffx il WHEREAS: CSX Transportation owns a little used railroad line on Republic Street across from the Old First Ward Community Center at 62 Republic Street; and, WHEREAS: The railroad line sits in an extreme state of neglect, with the greatest problem being large pools of dirty standing.water between the rail beds astride the tracks; and, WHEREAS, This stagnant brown "lake" is an attraction to area young people who frequent the Old First Ward Center and live in the adjacent neighborhood; and, WHEREAS, an hot days, kids are seen bathing, splashing and playing its this filthy water between the tracks; and, WHEREAS: The standing wafer between the rails may be contaminated, carrying chemicals from the rail ties, which have been known to contain arsenic and various industrial oils; and, WHEREAS: Trains engines are also known to emit so- called Polyaromatic Hydrocarbons, or RAH, which is a known carcinogen; and, WHEREAS: In addition to the danger to children, the water which sits between the ties most of the year, is a haven for mosquitoes, which could potentially trigger West Nile virus; and, WHEREAS: In addition to the poor drainage at this site, there is also the danger that children playing in the water might be distracted and not notice if a train car is using this track putting them further in harm's way; and, WHEREAS: Attempts by the Old First Ward Community Center and the community to have CSX remediate this problem have apparently fallen on deaf ears; NOW THEREFORE BE IT RESOLVED: That the City Inspections Department inspect the railroad tracks in question with an eye toward writing CSX up for code violations if applicable; and, BE IT FURTHER RESOLVED: That the Common Council request that the Erie County Health Department also inspect the property in question to ascertain the threat to public health; and, BE IT FURTHER RESOLVED: C 0 That the Common Council request that CSX immediately remediate this situation by removing the standing water, initiate a proper drainage system, and see to it that the grass and weeds are cut and debris Kept off the property; and, RE IT FINALLY RESOLVE: That the Common Council requests that CSX respond and send. a representative to address these concerns at a future meeting of the Community Development Committee. DAVID A. FRANCZYK 1st RESOLVE TO EDPT, 2nd to EC HEALTH AND DEC, 3rd To CSXRR REMAINDER `1'O COMMUNITN DEVELOPMENT 0 0 0 812 By; Mr. Golombek Re: Discharge Legislation Committee Item #49 C.C.P. May 17, 2011 "D. Pridgen- Info-Elmwood Village Charter School" 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 #49 C.C.P. May 17, 2011 "D. Pridgenminfo- Elmwood Village Charter School" and said item is now before the Common Council for its consideration. qw.pa�A Jose Golombek, Jr. ADOPT DISCHARGE, REFER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT l RESOLUTION By: Joseph Golombek, Jr. RE: City of Buffalo Policy Regarding LEIS signage. WHEREAS, In 2007, the Buffalo Common Council requested that the City of Buffalo Public Works Department study the feasibility of changing the City's current lighting technology to Light Emitting Diode (LED) bulbs, which are typically brighter, have a longer useful life, consume less energy, and over the long terra are more cost efficient than traditional light bulbs; and WHEREAS, For many of these same reasons, businesses and commercial enterprises have increasingly looked to replace their traditional bulbs and lit signage with LED bulbs and LED signage; and WHEREAS, Although using LED bulbs and signage offers a number of advantages over traditional bulbs and lit signage, use of this type of lighting also has potential drawbacks, particularly when employed as part of outdoor signage or advertising, .in that the increased brightness of LED bulbs can potentially distract or blind drivers, provide a source of annoyance to neighboring residents and visitors which negatively affects their quality of life, and can contribute to the environmental phenomenon known as "light pollution;" and WHEREAS, A comprehensive review of the City of Buffalo's laws, policies and procedures regarding use of LED signage is warranted at this time. NOW, THEREFORE BE IT RESOLVED, That the Common. Council asks the City of Buffalo's Executive Director of the Office of Strategic Planning, Commissioner of Public Works, Parks & Streets, Commissioner of Permits and Inspections and the Acting Corporation Counsel to work both individually and. collaboratively to conduct a thorough review of the advantages and disadvantages of allowing LED signage in the different areas of our City, evaluate our current laws, policies and procedures relating to usage of LED signage, and provide the Common Council with suggestions for legislation that will update and strengthen the City's laws, policies and procedures relating the use of LED signage. r Joseph olombek Common Councilmember North District ADOPT RESOLVES THE REMAINDER TO THE COMMITTEE ON LEGISLATION .�g 8� RESOLUTION Sponsor: Mr. Kearns Subject: Appoint Kelly Krug Legislative Aisle to the South District Whereas: Kelly M. Krug is a City of Buffalo resident who resides at 43 Ward Ct.; and Whereas: For the last several years, Kelly M. Krug has been employed as an Assistant Legislative Aide within the South District Common Council Office; and Whereas: During her time working in the South District Common: Council Office, Kelly M. Krug has proven to be a dependable and hardworking employee; and Whereas: At this time, l would like to give Kelly M. Krug additional work responsibilities along with a commensurate increase in title and compensation. Now Therefore Be It Resolved: 'T'hat, effective July 1, 2011, the Common Council of the City of Buffalo appoints Kelly M. Krug to the position of Legislative Aide to the South District Common Council Office. Michael P. Kearns South District Corrnmoaj Council Member ADOPTED l� I I h LOCURTO PREDGEN QO5 By: Mr. Kearns RE: Grant Permission to the National Garden Festival and the Western New York Nursery & Landscape Association to Hang a Banner on Newman Place Whereas: The National Garden Festival will be holding their 1st annual South Buffalo Front Yard Contest on July 11 `" to the 16' 2011; and Whereas: The Front Yard Contest take place along Newman Place and will feature different Landscapers for 15 homes that face or have a side that faces Cazenovia Park. Whereas: In order to promote this edal event, representatives from the National Garden Festival and The WesternNew York Nursery & Landscaping Association hang an Informational banner across Place at light pole #83 to light pole # 84 from July 11 "' to the 10 2011 and Whereas; The City of Buffalo proudly supports the The National Garden Festival and Their efforts to promote the South. Buffalo Community; Nov, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the The National Garden Festival and The WNY Nursery and Landscaping Association to hang an informational banner across Newman Place to promote the The Buffalo Front Yard Contest Be It Further Resolved: That the banner will hang across Newman Place, at light pole number 83 and 84, from July 11, 2011 through July 16,2011; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED 0008 _ .: - s Sponsor: Mr. Kearns Whereas: As the weather grows warmer in Buffalo, .people throughout the City are looking for ways to cool off and beat the heat; and Whereas: Many of our City's residents own a swimming pool; those that do not often turn to using the City's indoor and outdoor pools during warmer months; and Whereas: Even though the official start of summer occurs on or about June 21 each year and most school aged children begin their summer vacations around that time, the City of Buffalo typically does not open its outdoor pools and splash pads until the beginning of July; and Whereas: Often, when City pools are not open for public use, residents are tempted to swim in the unsupervised and potentially dangerous waters of Lake Erie, the Buffalo River, Cazenovia Creek, and other local waterways that surround and cross - through the City; and Whereas: Each year in Buffalo, there are drownings and near drownings occurring as a result of people, particularly children and young adults, choosing to ignore the risks posed by swimming in these unsupervised waterways; and Whereas: Although there will always be those who choose to swim in dangerous, unsupervised areas, whether City swimming facilities are open or closed, scheduling the opening of outdoor pools and splash pads to coincide with the beginning of summer and end of the school year would at least ensure that a safe swimming option is available to swimmers of all ages; and Whereas: Certain logistical and budgetary challenges might need to be overcome in order to open the City's outdoor pools and splash pads earlier than the beginning of July, the cast would be negligible, and even more so, if even one person's life were saved as a result; and Now, Therefore Be It Resolved: That the Common Council hereby requests of the Departments of Public Works, Parks & Streets and Administration, Finance & Policy Affairs, that they report back to this Council on the policy and procedure changes that the city would need to undertake to open our City's outdoor pools and splash pads to coincide with the end of the school year and official start of summer each year, which typically falls on June 21, And, Be It Further Resolved: That this matter be referred to the Committee on Finance to facilitate further discussion and consideration of this matter South District Common Council Member REFER TO THE COMMITTEE ON FINANCE, ADMINISTRATION & FINANCE AND PUBLIC WORKS � Ir J � 00-08 By: Mr. Kearns RE: Grant Permission to the Seneca Sheet Car Show Association to Mang Banner on Seneca Street Whereas: The Seneca Street Car Show Association will be holding; their third annual South Buffalo Car Show on August 14, 2011; and Whereas: The car show will take place along Seneca Street and will feature classic and antique ears, as well as music, raffles and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hang an informational banner across Seneca. St., at light pole 2131 and 213.6; from July 14, 2011 through August 14, 2011; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo Community; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from July 14, 2011 through August 14, 2011; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. a ADOPTED MICHAEL P. KEARNS U0088 RESOLUTION Sponsor: Michael J. LoCurto Subject: RESTRUCTURING TO S COUNCIL DISTRICTS AND .RETURNING TO A CITYWIDE ELECTED COUNCIL PRESIDENT WHEREAS, Pursuant to section 3 -2 of the City Charter, the Common Council shall consist of nine district Council Members and a President of the Common Council. The President shall be elected from amongst the Members at the organizational meeting for a two (2) year term; and WHEREAS, Pursuant to section 3 -3 of the City Charter, the City is divided into nine (9) Council districts, the boundaries of which are set forth in section 1-4 of the City Charter; and WHEREAS, Prior to these sections of the Charter being amended, which occurred as part of a Redistricting and Charter Review process associated with the year 2000 census, the membership of the Common Council had been composed of a combination of District Council Members and "At- Large Council Members; and WHEREAS, Under that system, At -Large Members, including the Council President, were elected by and represented foremost the interests of the entire City, while District Council Members were elected by and represented foremost the interests of the residents of their particular councilmatic district; and WHEREAS, At the time the Charter was amended to eliminate the At -Large positions and independently elected Council President, the primary reason for doing so appears to have been to facilitate Common Council downsizing and a reduction in the total membership of the body; and WHEREAS, Although the City's councilmatic districts were recently revised as part of Redistricting process associated with the year 2010 census, no serious discussions were had on restructuring of the Council as occurred in 2000, despite the fact that since that census figures once again revealed that our City continues to lose population; and WHEREAS, By focusing on maintaining nine councilmatic districts during redistricting despite the fact that the 2010 census revealed continued population loss and significant demographic shifts in the City, the redistricting plan that was ultimately passed ended up radically redrawing the lines of some districts and dividing neighborhoods such as the Parkside, Elmwood and Allentown communities into multiple districts; and WHEREAS, By eliminating one (1) of the (9) nine councilmatic districts and returning the position of Council President to an At -Large position, it would be possible to return an important check and balance to City government while allowing for the correction of inequities which have occurred during the most recent redistricting. NOW THEREFORE BE IT RESOLVED, That the Common Council asps the Department of Law to provide this Honorable Body with a written opinion on the ability of the Common Council to reduce the total number of councilmatic districts and District Council Members of the City of Buffalo from a total of nine (9) to eight (S) and return the position of Council President to an At -Large citywide elected office, with such opinion additionally outlining the process and timeline that would need to be followed in order to effectuate such changes. Michael J. LoiCurto Delaware District Council Member ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION (WT At5op'l L C1 C- mom Sponsor: Michael J. L©Curto Co- sponsor: Michael P. Kearns RE: Fighting Graffiti in the City of Buffalo Whereas: The vandalism at Delaware Park on May 21 ", 2011, which resulted in the graffiti of the Marcy Casino, Rurnsey Woods and the Ivy Bridge, left the park in need of thousands of dollars worth of repairs; and, Whereas: Graffiti is the most common type of property vandalism and accounts for approximately 35% of all property vandalism according to the Bureau of Justice statistics; and, W hereas The annual costs of graffiti' are =estimated to be around $25 billion in the United States, according to experts at the NoGraf Network Conference; and, Whereas: Graffiti decreases the quality of life in a neighborhood and makes obvious the presence of gangs and crime. Graffiti has the ability to decrease property values, frighten away businesses from a neighborhood, and invite more crime into an area; and, Whereas: Anti - graffiti legislation has been passed in New York City, Toronto, and most recently, Niagara Falls, NY. These laws bats the sale of aerosol spray paint cans, broad- tipped markers, and etching acids to minors along with punishing offenders with a fine and/or jail time; and, Whereas: Currently, the making of graffiti is a class A misdemeanor in New York State while the possession of graffiti instruments is a class B misdemeanor; and Whereas: Vandalism in general can be considered third degree criminal mischief if it involves a damage of property in excess of $250. Second degree criminal mischief occurs if there is $1,500 of property damage; and, Whereas: Parents of minors in possession of graffiti instruments or of those caught making graffiti should also be held accountable for the actions of their minor children; arid, Whereas: According to the laws passed in Niagara Falls, adult violators can be punished by a fine of up to $250, ordered to make restitution payments for damages; and, Whereas: In violations involving minors, parents of the offenders could be required to the pay fines and cover costs for property damage; and, fr- f Whereas: This Common Council must take action to address the severe quality of life problems that graffiti and vandalism cause throughout the City. Now, Therefore, Be It Resolved That: That the City of Buffalo moves to ban the sale of items that could be used to vandalize public or private property to minors, including aerosol spray paint cans, broad - tipped markers and etching acids; and, Be It Further Resolved That: Parents of minor children caught making graffiti or in possession of graffiti instruments be required to take responsibility for their children's destructive actions by paying a fine of up to $250 an th costs associated with restitution a ments to either the Cit or to rrvate ro e . own involved: - - payments Y 1� p p rty Be It Finally Resolved That: A copy of this resolution is sent to the appropriate parties, including the Law Department, Buffalo Police Department, the Department of Public Works, and the Quality of Life Program Manager. MICHAEL P. LEARNS South District Councilmember ADOPT RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION 000 Sponsor: Darius G. Pridgen Re: Permission to Hang Banner for Mercedes -Benz of Buffalo Fashion Week Whereas: RPM Entertainment Productions is a dynamic special events, design, and video production company; and Whereas: RPM Entertainment Productions has been in existence for over 16 years and has established a reputation for creativity, quality, and professionalism; and Whereas: RPM Entertainment Productions is hosting the 4"' Annual Buffalo Fashion Week to be held within the Buffalo Niagara Convention Center this Fall' and Whereas: RPM Entertainment Productions is requesting permission from the City of Buffalo Common Council to hang a banner at 64 West Chippewa Street, Buffalo, NY 14202, also known as SOHO Bar; and Whereas: RPM Entertainment Productions will communicate with proper agencies in City Hall to ascertain that they are installing the banner under compliance, Tow, Therefore, Be It Resolved: That the City of Buffalo Common Council grants permission to RPM Entertainment Productions to hang a banner in front of 64 West Chippewa for the Mercedes -Benz of Buffalo Fashion Week, pursuant to all other regulations from pertinent City departments. r DARIUS G. PR1DG Ellicott District Council Member l h !� Y 00091. RESOLUTION Sponsor: Darius G. Pridgen Subject: Marriage Officer Appointment Whereas: Pursuant to Chapter 49 of the laws of New York (1988) which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages; and Whereas: This Council Member proposes that Elena Cala be appointed as a Marriage Officer; and Whereas: Ms. Elena Cala's appointment shall be limited to July 16"', 2011; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council grants permission to Elena Cala to be appointed as a Marriage Officer for the clay set forth of July 16 2011, pursuant to Chapter 49 of the laws of New York (1988). P DARIUS G. PRIDGEN Ellicott District Council Member c �' KI 00092 Igo. Appointment Assistant Legislative Aide By Mr. Smith The Common Council hereby moves approval of the appointment of Tashares Rv.ks, 63 Thornton Avenue, Buffalo, New York 14215 to the position of Assistant Legislative Aide pursuant to Section 27 of the Charter of the City of Buffalo. Seconded by ADOPTED. 00049{:1 No. By Mr. Smith Felicitations /In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Juneteenth Festival, Inc. By Councilmember Bonnie Russell, Darius G. Pridgen, Demone A. Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By Councilmember In Memoriam for By Councilmember In Memoriam for By Councilmember June 28, 2011 -, ) .r At the regular rraeedng of the Common Council of the City of Buffalo, held on Tuesday, Joan 14' 2011, the following resolution was unanimously adopted, sponsored by Councilmenmber Bonnie E. Russell. Whereas. Juneteenth Festival, Ina is a non-profit public service organization whose purpose is to provide charitable and educational services and programs that promote the broad spectrum of African American heritage and culture through activities that benefit the community as a whole; and Whereas. Ae Juneteenth Festival of Suffado began in 1976 . by B. U. LL. D., as community - based organization, as a culturally relevant :alternative to the country's Bicentennial The group blocked off part of .Jefferson Avenue - the "Main Street" of Buffalo's lack community.— for a weekend of cultural festivities. The organization later outgrow the location and currently holds the festival in Martin Luther King Jr. Park, as it is now the -third largestfestival of its kind in the country, •.'and Whereas: The year' 2011 marks the 3e anniversary celebration of the Juneteenth Festival of Buffalo to take place on Saturday, June le and Sunday, June 19 Festival attendees will have the.opporlunity to enjoy a fun filled weekend of activities for the entire family including a parade, entertainment, a book fair, African drum and dance lessons and Underground Railroad Tours, and Whereas. The :36' 1 Juneteenth Festival tr, f Buffalo will again continue its mission to support, encourage, and promote the participation of organizations . which develop strong family ties and ethnic pride in the African American community in Western New York. .Now, Therefore, Be It Resolved: That the Common . Council of the City of Buffalo hereby recognizes the many contributions Qf Juneteend, of B uffalo, Tn for Its work to promote educational and cultural programs to enhance awareness of the broad spectrum of African American heritage and culture and declares the weekend of Saturday, June 18' and Sunday, June 19' 2011, as . "Juneteenth Fesdvaal in, the City of Buffalo and the Western New York .Region. ILC,� - Bonnie E. Darius G Pridgen lJniversi 1'3 trio Council Member, Ellicott District Council Member r� Gerald A. 'h alirrski BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo * Josette M. Kleotzer Charles J. LaMonte III 0 Ryan Markajani 0 Miguel A. Reyes Mariano ® Peter J. Runfola i Sheryl D. Daniels i Joseph LaBarbara Nicholas Pecoraro a Adrian Pullins ® Scott Quider Matthew Slawiak TOTAL 11 BY: DEMONE A SMITH 0 0 0 95 Appointments Commissioner of Deeds That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2092, conditional,. upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk- 0 John A. Murphy Christopher L. Jacobs 1 • _ mom ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 131h floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 5, 2011 at 9:45 o'clock A.M. Committee on finance Tuesday, July 5, 2011 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, July 5, 2011 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 5, 2011 at 2:00 o'clock P.M. Sneeial Cflmrnittees Committee on Education Wednesday, .Tune 29, 2011 at 11:00 o'clock A.M. (Public Disclaimer' All rneetin s are sub'ect to change and cancellation bv the res ective Chairmen of Council Committees. In the event that there is sufficient time iven for notification it will be rovided. In addition there may be meetings set up whereby the Cit Clerk's Office is not made aware• therefore unless we receive notice from the res ective Chairmen we can only make notification of what we are made aware. 0009 G =` No. Adjournment On a motion by Mr. Fontana, Seconded byMaYgoatkas, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK June 28, 2011 COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION May 26, 2011 at 10:30 A.M. PRESENT: David A. Franczyk President of the Council, and Council Members Fontana, Golobek, Kearns, LoCurto, Pridgen, Rivera, Russell, Smith - 9. ABSENT Done. * A.YE * NO FONTANA'* FRANCZYK * ` x GOLOMBEK KEARNS * / x LOCURTO - -- PREDGEN RIVERA TH it.&RW @ 5 P 2/3- 6 3/4- 7 A May 26, 2011 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May 25, 2011 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on May 26, 2011 at 10 :30 A.M. for the following purpose: To receive and take appropriate action on: Reapportionment Yours very truly; e5 �1- 4id A. Francz k Y President of the Council May 25, 2011 Han. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on Reapportionment We request that this Special Meeting be held on May 26, 2011 at 10:30 A.M. GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OL;IVENCIA, JR. Deputy City Clerk DIANA RICO Deputy City Clark 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 -4845 May 26, 2011 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May 25, 2011, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 26, 2011 at 10:30 A.M. for the following purpose: To receive and tape appropriate action on all items relating to Reapportionment Yours very truly, Gerald A. walinski City Cleric Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA MICHAEL KEARNS DARIUS G. PRIDGEN BONNIE E. RUSSELL JOSEPH GOLOMBEK MICHAEL LOCURTO DAVID RIVERA DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly ca led to be held on May 26, 2011 at 10:30 A.M. tv, ",1 0 S _S P, L- �t�A STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) appeared On this 26th day of May 2011, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally ackn Mo �� o r� bL 0 4 - rune) nd "Y the City of Buffalo, N.Y. My Commission expires 12/31/12 c 4_-i L l fir, C h & At 4:00 P.M., the Common Council reconvened with the following members present: Councilmembers Fontana, Franczyk, Golombek, Kearns, L.oCurto, Pridgen, Rivera, Russell, Smith - 9. Absent: Seconded by k, i) y * AYE * NO * * FONTANA FRANCZYK * a� * GOLOAME * KEG * LOCU.T® * * E GEN * RIVERA. * RUSSELL S MITH * * * * maj�S 213® b 3/4- 7 11 Disch COW - Ball- Complaints- Proposed Commission Redistricting Plan (CCP 5/24%11 No. 2) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by 1V (!,-o , D Mr. Fontana moved that the above item be Received and Filed. Seconded by Disch COW -- Fargo Estate Neighborhood Assoc. — Remain in Niagara Dist. (CCP 5/24/11 No. 3) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by f. : U rey ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by f 0 Disch COW — Porter Pkwy - Prospect Nils Alliance -- Remain in Niagara Dist. (CCP 5/24/11 No. 4) Mr, Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by (hr. K 4-ve- rci ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by (h / (Z- I V 0 Disch COW ® Guadagno /Hickory Woods Residents — Remain in South Dist. (CCP 5/24/11 No. 5) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration, Seconded by (Kr, ¢ o ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by v m Disch COW -- Riester /Vernon Triangle — Request to keep Neighborhood Intact (CCP 5/24/11 No. 6) Mr. Fontana moved that Whereas, the above item is currently in the. Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ftvi A,`vq ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by n K c� Disch COW — Weaver /Robinson Proposed Redistricting Plan (CCP 5/24/11 No. 7) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by M C • i L' ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by E IV A Disch COW —Triangle Block Club — Remain in Lovejoy.Dist. (CCP 5/24/11 No. B). Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by f , ve r Mr. Fontana moved that the above item be Received and Filed. Seconded by , i l �� Disch COW — Peterson — Vernon Place /Triangle — Remain in Delaware Dist. .(CCP 5/24/1 No. 9) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by j- , 6 , ;_ ve Mr. Fontana moved that the above item be Received and Filed. Seconded by fh r , I D Disch COW -- DPSNA — Support Current. Commission Report (CCP 5/24/11 No. 1 Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration, Seconded by f, ,. r°-4 ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by ��` \k Disch COW — Walek — Keep Vernon Triangle with Parkside Neighborhood (CCP 5/24/11 No. 11) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ft� r i '/ , .de- r�A Mr. Fontana moved that the above item be Received and Filed. Seconded by ' j rc , Vd Disch COW — Renouf - Keep Vernon Triangle in Delaware Dist. (CCP 5/24/11 fro. 12) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by i; P , KVe-rr I TF I P 0 Mr. Fontana moved that the above item be Received and Filed. Seconded by . ` 0 Disch COW — Lynch — Johnt — Keep Vernon Triangle in Delaware Dist. (CCP 5/24/11 No. 13) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by rA f ; W 'V C ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by Disch COW ® Metz — Vernon Mace — Keep in Delaware Dist. (CCP 5/24/11 No. 14) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ' k; - Vc ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by ("�ri l u r� K Disch COW — Peterson - Vernon Triangle - -'Keep in Delaware Dist. (CCP 5/24/11 No. 15) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by r, ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by � 3 R i o Disch COW — Reed - Vernon Triangle — Keep in. Delaware Dist. (CCP 5/24/11 No. 16) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by fA f, K (/ f 11� I.o am] 211 Mr. Fontana moved that the above item be Received and Filed. Seconded by M f , I � 1 Disch COW -- Harvey Vernon Triangle — Keep in Delaware Dist, (CCP 5/24/11 No. 17) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by �. re� ,+, 4 W Mr, Fontana moved that the above item be Received and Filed. Seconded by �,.. I Disch COW —Johnson,- Vernon Triangle - -keep in Delaware Dist. (CCP 5/24/11 No. 18) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by A) C v ADOPTED. Mr. Fontana moved that the above item be Received and Filed, ,F_ Us Seconded by I� Iq Disch COW m Baran - Vernon Triangle — Keep in Delaware Dist. .(CCP 5/24/1 No_ 19) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by M f, - ve- nt� Mr. Fontana moved that the above item be Received and Filed. Seconded by g I f I d 9 i� Disch COW — Linwood Preservation District & Friends — Concerns on Redistricting (CCP 5/24/21 No. 20) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by p. ?L very Mr. Fontana moved that the above item be Received and Filed. Seconded by M f . V'U r Disch COW — Rozanski — Comments Regarding Reapportionment (CCP 5/24/11 No. 21) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by N(, , v e. r q Mr. Fontana moved that the above item be Received and Filed. Seconded by 11 )1 , r�' V8 Disch COW —Grigsby - Request to Remain in South Dist. (CCP 5/24/11 No. 22) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole and Whereas, it is no longer necessary for this item to be considered by that committee, Now Wherefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by (hr� : e_ Mr. Fontana moved that the above item be Received and Filed. Seconded by M f , , V t re, E Disch COW — Eddy — Request to Remain in South Dist. .(CCF 5/24/11 No. 23) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by mf , P,," Iq rk ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by 0 Disch COW — Lilac Street Block Club - Request to Remain in South Dist. (CCP 5/24/11 loo. 24) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by r, `' (/ C ADOPTED. Mr. Fontana moved that the above item be Received and Filed. Seconded by a� Disch COW — Gleed - Request to Remain in Ellicott Dist. (CCP 5/24/11 No. 25) Mr. Fontana moved that Whereas, the above item is currently in the Committee of the Whole and Whereas, it is no longer necessary for this item to be considered by that committee, Now Wherefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by A (, lv re, Mr. Fontana moved that the above item be Received and Filed. Seconded by No. Discharge Committee of the Whole- Commission Plan on Reapportionment (No. 2, CCP 5/18/11) Mr. Fontana moved that . Whereas, the above item is currently in the Committee of the Whole 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration.. 1YN a I-r> &k cCt 0 e R, PA 1 Seconded by 15 t 1 ADOPTED. City Clerk's Department BUFFALO May 26, 2011 0 ON INA I AP Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 27 Amended Commission Plan on Reapportionment PASSED May 26, 2011 Gerald A Chwalinski City Clerk c: S i l hi zv�v sor Cox mass c v R p � n nt lsitr c »n ' xraen c y t qty 7 , Vag . ✓ � -�,�- - --'�� € "�-. �� "ter --= -- a�� i @� I � � � � -� j".i 0.4 €7.8 1.6 2.4 3.2 * .AYE * NO FONT ANA 5f g°tf� CZYK G'4.F.1J®1F' BEK j N �F _KE AR.7 � g ,{Y T PRIDGEN Ate Y R:. R A � RUSSE SNU Y .ice 61 ® 6 a� 3/4 ® 7 Adjournment On a motion by Councilmember Fontana, Seconded by t � , the Council adjourned at K GERALD A. CH WALINSKI CITY CLERK SPECIAL SESSION May 27, 2011 AT 2:55 P.M. 1. Call for Special Session R &F 2. Recall Item From Mayor- Reapportionment Plan R&F 3, Amend Reapportionment Plan APP 4. Adjourn R &F COMMON COUNCIL CITY HALL. — BUFFALO SPECIAL SESSION May 27, 2 01.1 at 2 :55 P.M. PRESENT: David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell, Smith w 9. ABSENT None. * AYE *NO* I FONTANA * x * FRANCZYK * x GOLOMBEK * KEARNS LOCURTO * F16M BEN * RIVERA x �4 * RUSSELL * S 7i x * 1f sir 3F 7H Mal, 5 2/3- 6 3/4- 7 c 1iSI r May 27, 2011 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilembers, dated May 27, 2011 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on May 27, 2011 at 2:55 P.M. for the following purpose: To receive and take appropriate action on : 1. Reapportionment Plan Amendment Yours very truly, Z avidA. Franczyk President of the Council May 27, 2011 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3 �,9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on Reapportionment Plan Amendment We request that this Special Meeting be held on May 27, 2011 at 2:55 P.M. '." Y "- Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA MICHAEL LEARNS DARIUS G. PRIDGEN BONNIE E. RUSSELL JOSEPH GOLOMBEK MICHAEL LOCURTO DAVID RIVERA DEMONE SMITH NOW—. On this 27th day of May 2011, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/12 hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the ,Special Meeting of the Common Council duly called to be held on May 27, 2011 at 2:55 P.M. May 27, 2011 TO EACH MEMBER OF THE COMMON COUNCIL; YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of hive Councilebers, dated May 27, 2011, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 27, 2011 at 2:55 P.M. for the following purpose: To receive and take appropriate action on all items relating to Reapportionment Plan- Amend Plan Yours very truly, Gerald A. Chwalinski City Clerk 'f! Po, 'd- Recall Item From Mayor Reappo rtionment. Plan (Item No. 27, C.C.P. 5126111) Mr. Fontana moved that item No. 27 of CCP 05/25/2011 be recalled fi the Mayor. Seconded by .Mr. i K � 7-) 3t:.: . District Total_pop Pop,_dev Pop - dvp White White p Black Slack - P Arn es Am_es_p Asian Asian_p Hawn -pi awn_pi_p Other Other_p Hispanic Hispanic_p NonLhis Non - his - p ELLICOTT I NORTH I EILI:NIDRE SOUTH DELAWARE I LOVEJOY I UNIVERSITY MASTEN I NIAGARA 276161 304281 280181 287521 30458 27638 30218 27706 30476 - 14181 1394 - 1016 -282 1424 -.1396 1184 -13281 1442 -4.881 4.8 -3.5' -0:97 49. -4.81 4.08L 0.29 3 4.97 6,9651 19,526 12,296 i6,0001 24,461 15,465 ,6 �9.9 23,193 6,305 19 25.22 64.17 43:89 90.,43 80:31 55.96 E 5:53 0.29 3 3.41 17,826 5,382 12,299 1,044 3,934 10,648. 19,543 23,193 6,305 64.55 17.6 .9 43.9 3.63 12.92 3853 64.67 85.88 20:69 175 4 487 - 1981 2 2161 1 197 1 139 8 8 . 81 7 791 4 4 30 0.631 1 1.6 0 033 0 0.751 0 0.65 0 05 € €7.29 0 0.29 3 3.41 1,2801 1,00,31 2021 56.41 2861 1,699 2081 2,720 1.621 4.21 3.58 0.7 1.85 - 1-031 5.62 0.75 8.93 11 17 8 3 14 6 11 11 44 0.04 6, 0.031 0,011 0.051 0,021 0,041 0,041 0.14 1,5241 2,282. 1,3161 595 - 4401 452 372 "610. 5.52 7.5 4.7 2.07 1.44 1.64 1.23 3,876 5,7371 3,300 2,109 1,622 1,593 1,148 780 7,354 14.04 18.85 11.78 7.34 5,33 5.76 3.8 2.82 24.13 23,740 24,691 24,718 26,643 �28,�8361 �26,045 29,070 26,926. 23,122 85.96 83.15 88.22 92.66 4 96. 2 97.18 75.87 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 11 17 8 3 14 6 11 11 44 0.04 6, 0.031 0,011 0.051 0,021 0,041 0,041 0.14 1,5241 2,282. 1,3161 595 - 4401 452 372 "610. 5.52 7.5 4.7 2.07 1.44 1.64 1.23 3,876 5,7371 3,300 2,109 1,622 1,593 1,148 780 7,354 14.04 18.85 11.78 7.34 5,33 5.76 3.8 2.82 24.13 23,740 24,691 24,718 26,643 �28,�8361 �26,045 29,070 26,926. 23,122 85.96 83.15 88.22 92.66 4 96. 2 97.18 75.87 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 1,5241 2,282. 1,3161 595 - 4401 452 372 "610. 5.52 7.5 4.7 2.07 1.44 1.64 1.23 3,876 5,7371 3,300 2,109 1,622 1,593 1,148 780 7,354 14.04 18.85 11.78 7.34 5,33 5.76 3.8 2.82 24.13 23,740 24,691 24,718 26,643 �28,�8361 �26,045 29,070 26,926. 23,122 85.96 83.15 88.22 92.66 4 96. 2 97.18 75.87 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 3,876 5,7371 3,300 2,109 1,622 1,593 1,148 780 7,354 14.04 18.85 11.78 7.34 5,33 5.76 3.8 2.82 24.13 23,740 24,691 24,718 26,643 �28,�8361 �26,045 29,070 26,926. 23,122 85.96 83.15 88.22 92.66 4 96. 2 97.18 75.87 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 23,740 24,691 24,718 26,643 �28,�8361 �26,045 29,070 26,926. 23,122 85.96 83.15 88.22 92.66 4 96. 2 97.18 75.87 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 Total Pop 261,310 Avg Pop 29,034 95% 27,583 3 05 °/u 30,48b 26- May -11 26- May -11 * AYE *NO* FONTANA * FRANCZYK x GOLD E * * x * ]KEARNS * LOCUR O * * RIVERA * RUSSELL City Clerk's Department BUFFALO May 27, 2011 1 WON=* MAW&TH Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 3 Amended Reapportionment Plan PASSED May 27,2011 Gerald A Chwalinski City Clerk JUN - 6 2011 District Total_pop Pop_dev Pop_dvp White White_p Black Black _p Ames Am_es_p Asian Asian_p Hawn_pi Hawn _p Other Other _p Hispanic Hispanic_p Non Non - his_p ELf.100TT 1394 F(LLM ®RE:.SOUTFI ' _282 E[AWAR C0 VEIOY UNIVERSITY MA5TEN NIAGARA 27616 30428 2841$ 28752 313458 27638. 30218. 27706 30476 1415 1394 - 1016 ' _282 1424 1396 1184 -1328 1442 -4.88 4.8 n3.5 -0.97 43 -4.81 4.08 -4.57 4.97 6,9651 19,526 12,296 26,000 24 15,465 7,673 2,748 16,619 25.221 64.17 43.89 90.43 80.31 55.96 2539 9.92 54.53 17,826 5,382 12,299 1,044. 3,934 14,648 19 23,793 6,345. 64.55. 17.69. .43.9 3.63 12;92: 38.53 64.67 85.88 20.69 175 487 198 216 197 139 88 79 430 0.63 1.6 0.71 0.75 0.65 0,5 0.29 0.29 1.41 447 1,280 1,403 207 564 286 1,699 208 Z,72Q 1.62 4.21 3.58 Q.7 1.85 1.03 5.62 0.75 8.93 31 11 8 3 14 6 1.1 1T 44 0.04 0.04 fl.03 0.01 i C i 0.02 0.04 0.04 4.14 1,524 2,282 544,7 595 440 452 372 184 3,082 5.52 7.5 11.78 2.07 1.44 1.64 1.23 4.66 10.13. 3,876 E5,737 3,300 ±7314 1.,622 1,593 1,148 780 23,122 14:04 5 11.78 92.66 5.33 5.76 3.8 2.82 24,13 23,740 24,691 24,718 26,643 25,836 26,045 29,070 26,926 23,122 85.96 81.15 88.22 92.66 94.57 __ 94.24 96.2 97.18 75.87 Total Pap 261,310 Avg Pop. 29,034 95% 27,583 1051 30,486 26- May -11 r)d by C f " , 4 Legend Streets Districts ELLICOTT NORTH FILLMORE SOUTH DELAWARE LOVEJOY UNIVERSITY MASTEN NIAGARA ilxun�ame.,,t Ic,f ruin -: hirl,erxia 0 0.4 0.8 1.S 2.4 3.2 * AYE * NO * FONTANA FRAN CZYK at x r G OLO NM MIB EK sir x KEGS L®CURTO PRIDGEN RIVERA �c RUSSELL STIR ie Maj 5 2/3- 6 x 3/4- 7 No. L Adjournment On a motion by Councilmember Fontana, Seconded by adjourned at the Council GERALD A. CHWALINSKI CITY CLERK SPECIAL SESSION May 27, 201 1 AT 1:30 P.M. 1. Call for Special Session R& 2. Local Law Intro. #3 Amend Council Boundaries APP 3. Adjourn R: &F COMMON COUNCIL CITY FALL — BUFFALO SPECIAL SESSION May 27, 2011 at 1:30 P.M. PRESENT : David A. Franczyk President of the Council, and Council Members Fontana, Colombek, Kearns, LoCurto, Pridgen, Rivera, Russell, Smith - 9. ABSENT None. * AYE *NO * * FONTANA. * * x FRANCZYK x sF x * GOLOMBEK KEAJRNS * LOCURTO x PRIIDGEN * R VERA * -- 7 RUSSELL, * * * Maj 6 213 - 6 3/4- 7 May 26, 2011 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May 26, 2011 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on May 27, 2011 at 1:30 P.M. for the following purpose: To receive and take appropriate action on: 1. Local Law Council Boundaries Yours very truly, David A. Franczyk President of the Council 1� GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILM R OLIV NCIA, JR. Deputy City Clerk DIANA RICO} Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics May 26, 2011 TO EACH MEMBER OF THE COMMON COUNCIL: 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX. (716) 851 -4845 YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilniembers, dated May 26, 2011, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 27, 2011 at 1:30 P.K for the following purpose: To receive and take appropriate action on all items relating to 1. Local Law Council Districts Yours very truly, Gerald A. Ch alinski City Clerk May 26, 2011 Hon. David A.Franczyk President Common Council 1315 City Hal l Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on Local Law Council Boundaries We request that this Special Meeting be h d on Ma .2 2,011 at 1:30 P.M. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA MICHAEL KEARNS DARIUS G. PRIDGEN BONNIE E. RUSSELL JOSEPH GOLOMBEK MICHAEL LOCURTO DAVID RIVERA DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 27, 2011 at 1:30 P.M. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 26th day of May 2011, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. t' Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31112 3 o o Prn ��. u r May 27, 2011. HON. SYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. Igo. 2 PASSED May 27, 2011 LL Intro# 3 Amend Council Boundaries Gerald A Chwalinski City Clerk By: Mr. Franczyk City of Buffalo Local Law No. (2011) Introductory No. (2011 A LOCAL LAW amending Article One of the Charter of the City of Buffalo in relation to describing the legal boundaries for the City's nine Council districts. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Section 1 -4 of Article I of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 1 -4. Council Districts. The city is divided into nine council districts as follows: SOUTH DISTRICT [BEGINNING AT THE POINT of intersection of the northerly extension of the easterly U.S. Harbor Line of Buffalo's Outer Harbor with the centerline of the Buffalo River and running thence easterly and southeasterly along the bends and tarns of the centerline of the Buffalo River to its intersection with the centerline of South Park Avenue; running thence southeasterly and along the centerline of South Park Avenue to its intersection with the centerline of Hopkins Street; running thence south and along the centerline of Hopkins Street to its intersection with the centerline of Osage Street; running thence easterly and along the ccnterline of Osage Street across Durant Street to its intersection with the centerline of Macarnley Street; running thence northeasterly along the centerline of Macarnley Street to the centerline of South Park Avenue; running thence northwesterly along the centerline of South Park Avenue to its intersection with the centerline of Abbott Road; running thence southeasterly along the centerline of Abbott Road to its intersection with the centerline of Southside Parkway; running thence northeasterly along the centerline of Southside Parkway to the centerline of Cazenovia Creek; running thence northwesterly along the centerline of Cazenovia Creek to its intersection with the centerline of Bailey Avenue; running thence northerly along the centerline of Bailey Avenue to its intersection centerline of the Buffalo River; running thence northeasterly and easterly along the bends and turns of the centerline of the Buffalo River to its intersection with the centerline of the right-of- way of the former Pennsylvania Railroad; running thence soutleasterly and along the centerline of the former Pennsylvania Railroad to its intersection with the centerline of Mineral Spring Road; running thence northeasterly along the centerline of Mineral Spring Road to its s rt vzz vs rtix ca. "�tcr i ; iurmirTg - s easterly boundary line of the City of Buffalo to its intersection with the southerly boundary line of the City of Buffalo, running thence westerly along the southerly boundary line of the City of Buffalo to its intersection with easterly U.S. Harbor Line of Buffalo's Outer Harbor; running thence northerly and northwesterly along the easterly U.S. Harbor Line of Buffalo's Outer Harbor to THE POINT OF BEGINNING.] The re ion bounded and described as follows: at the voint of intersection of Coast Guard. Station South Road and the Buffalo River thence proceeding easterly Along the coastline of the Buffalo River to the intersection of Norfolk and Western: Railwa thence proceeding northerly alona the centerline of Norfolk and Western Railwa y to the intersection of Erie - Lackawanna Railroad thence roceedin easterl alon the centerline of Erie - Lackawanna Railroad to the intersection of the Buffalo River, thence proceeding casterly the coastline of the Buffalo River to the intersection of South Park Avenue thence proceeding southerly alon the centerline of South Park Avenue to the intersection of Hopkins Street thence roceedin southerly alona the centerline of Hopkins Street to the intersection of Trowbrid e Street thence roceedin easterly alon the centerline of Trowbridge Street to the intersection of South Park Avenue thence proceeding southerly along the centerline of South Park Avenue to the intersection of Josie Place thence proceeding easterly along the centerline of Josie Place to the intersection of Taylor Place thence proceeding northerly along the centerline of Taylor Place to the intersection of Macamley Street thence proceeding wested aloe the centerline of Macamle Street to the intersection of Dash Street thence roceedin norther) alon the centerline of Dash Street to the intersection of Remoleno Street thence proceeding westerl along the centerline of Remoleno Street to the intersection of South Park Avenue thence roceedin norther) alon the centerline of South Park Avenue to the intersection of Good Avenue thence proceeding along the centerline of Good Avenue to the intersection of Abbott Road thence proceeding southeasterly along the centerline of Abbott Road to the intersection of Southside Parkwa y, thence p, southerly alon g he centerline of South Side to the intersection of McKinle Parkwa thence roceedin norther) alon the centerline of Southside Parkway to the intersection of Seneca Street thence proceeding northwester) along the centerline of Seneca Street to the intersection of Avon Place thence roceedin northeasterIv alonR the centerline of Avon Place to the intersection of the Buffalo River, thence roceedin norther) alon the coastline of the Buffalo River to the intersection of Penn Central Railroad thence roceedin easterl alon the centerline of Penn Central Railroad to the intersection of Mineral Springs Road thence procceding westerly the centerline of Mineral S rin s Road to the intersection of Hillery Avenue thence proceeding southeLly the centerline of Hillery Avenue to the intersection of Rochester Street thence proceeding easterl alon the centerline of Rochester Street to the intersection of Buffum Street thence pLoceedin northerly alonv, the centerline of Buffurn Street to the intersection of Penn Central Railroad thence roceedin easterl alon the centerline of Penn Central Railroad to the intersection of City Iine thence proceeding southerly alon the CiV line to the intersection of Onondaga Avenue thence moccedim southerly alonm the centerline of Onondaga Avenue to the intersection of Dorrance Avenue thence proceeding westerly along the centerline of Dorrance Avenue to the intersection of Baltimore and Ohio Railroad thence Proceedinja casterIv aloniz the centerline of Baltimore and Ohio Railroad to the intersection of South Park Avenue thence thence vroceeding westerly along the Qijy line to the intersection of Ride Road thence p roceeding westerly alonR the centerline of Ride Road to the intersection of Penn Central Railroad thence roceedin northerl f along the centerline of Penn Central Railroad to the intersection of Ci Line thence proceedinp, westerly along the City line to the intersection of the Buffalo River, thence proceeding northerly along the coastline of the Buffalo River to the intersection of Penn Central Railroad thence i)roceeding westerly along the centerline of Penn Central Railroad to the intersection of the point of beginning, NIAGARA DISTRICT [BEGINNING AT THE POINT of intersection of the centerline of Porter Avenue with the easterly line of the Black Rock Harbor and running thence northerly and along the east line of the Black Rock Harbor to its intersection with the westerly extension of the centerline of Forest Avenue; running thence east along the centerline of Forest Avenue and its extension to its intersection with the centerline of Baynes Street; running thence south along the centerline of Baynes Street to its intersection with the centerline of Bird Avenue; running thence east along the centerline of Bird Avenue to its intersection with the centerline of Richmond Avenue; running thence southerly along the centerline of Richmond Avenue to its intersection with the north boundary of Colonial Circle, running thence along the northwest and southwest boundary of Colonial Circle to the centerline of Richmond Avenue, thence south along the centerline of Richmond Avenue through West Ferry Circle to its intersection with the centerline of Highland Avenue; running thence east along the centerline of Highland Avenue to its intersection with the centerline of Delaware Avenue; running thence southerly along the centerline of Delaware Avenue to its intersection with the centerline of Bryant Street; running thence east along the centerline of Bryant Street to its intersection with the centerline of Main Street; running thence southerly along the centerline of Main Street to the centerline of North Street; running thence west along the centerline of North Street to the easterly line of Symphony Circle; running thence southwesterly and westerly around the southerly boundary line of Symphony Circle to the centerline of Pennsylvania Street; running thence southwesterly along the centerline of Pennsylvania Street to its intersection with the centerline of Prospect Avenue; running thence northwesterly along the centerline of Prospect Avenue to its intersection with the centerline of Porter Avenue; running thence southwesterly along the centerline of Porter Avenue to the POINT OF BEGINNING and including all that portion of Squaw Island and Bird Island lying south of the northerly boundary line of that parcel of land presently under the jurisdiction of the Buffalo Sewer Authority and further known as the Buffalo Sewer Authority's Wastewater Treatment Plant.] The re ion bounded and described as follows: 1. Beginning at the point of intersection of the Buffalo River and Porter Avenue thence roceedin northerly along the coastline of the Buffalo River to the intersection of Forest Avenue thence proceeding easterly along the centerline of Forest Avenue to the intersection of West Avenue thence procceding southerly along the centerline of West Avenue to the intersection of Bird Avenue thence moccediu easterly along the centerline of Bird Avenue to the intersection of Dewitt Street thence proceeding northerl easterly along the centerline of Pooley Place to the intersection of Grant Street thence 3 P roceedinR northerly aloe the centerline of Grant Street to the intersection of Forest Avenue thence roceedin easterl aloe the centerline of Forest Avenue to the intersection of Richmond Avenue thence roceedin southerl aloe the centerline of Richmond Avenue to the intersection of Colonial Circle thence roceedin westerl alon the centerline of Colonial Circle to the intersection of Richmond Avenue thence roceedin southerl aloe the centerline of Richmond .Avenue to the intersection of West Fern. Street thence roceedin easterl alan the centerline of West Ferry Street to the intersection of Elmwood Avenue thence - proceedin g southerly alow the centerline of Elmwood Avenue to the intersection of Hi bland Avenue thence proccedinR easterly alon the centerline of Hi bland Avenue to the intersection of Delaware Avenue thence proce edin southerl aloe the centerline of Delaware Avenue to the intersection of Summer S e of Summer Street to the intersection of Richmond Avenue thence roceedin southerl aloe the centerline of Richmond Avenue to the intersection of S m bon Circle thence roceedin southerl alon the centerline of S m bon Circle to the intersection of Richrrzond Avenue thence proceedin southerly alo ig the centerline of Richmond Avenue to the intersection of Penns lvania Street thence proceeding southerly aloe the centerline of Penns lvania Street to the intersection of Nia ara Street thence roceedin northerl aloe the centerline of Nia ara Street to the intersection of Porter Avenue thence roceedin westezl aloe the centerline of Porter Avenue to the intersection of the point of beginninR. 2. As well as be innin at the Dint of intersection of the Buffalo River and Erie - Lackawanna Railroad thence proccedinp, cast erl along the centerline of Erie- Lackawanna Railroad to the intersection of the Buffalo River, thence i)roceedinR southerly aloniz the coastline of S uaw Island to the intersection of the point of be innin . NORTH DISTRICT [BEGINNING AT THE POINT of intersection of the centerline of Forest Avenue with the easterly line of the Black Rock Harbor and running thence northerly and along the easterly line of the Black Rock Harbor, the easterly blue line of the former Erie Canal and the U.S. Government Harbor line to its intersection with the northern boundary line of the City of Buffalo; running thence northeast along the northerly boundary line of the City of Buffalo to the centerline of Vulcan Street; running thence northeast along the centerline of Vulcan Street, which is also the northerly boundary line of the City of Buffalo to its intersection with the centerline of Kenmore Avenue; running thence southeast along the centerline of Kenmore Avenue, which is also the northerly boundary line of the City of Buffalo and along the southeasterly extension of said boundary line to an angle point in said boundary line which angle point is on the centerline of Kenmore Avenue; running thence cast and along the north boundary line of the City of Buffalo which is the centerline of Kenmore Avenue, to its intersection with the centerline of Delaware Avenue; running thence south along the centerline of Delaware Avenue to its intersection with the centerline of the right-of-way of the Scajaquada Expressway; running thence westerly, southwesterly and southerly along the centerline of the right-of-way of the Scajaquada of Lincoln Parkway; running thence south and along the centerline of Lincoln Parkway to the center point of Soldier's Place; running thence southeast along the centerline of Chapin Parkway to its intersection with the centerline of West Delavan Avenue; running thence west along the centerline of West Delavan Avenue to its intersection with the centerline of Elmwood Avenue; running thence south along the centerline of Elmwood Avenue to its intersection with the centerline of Auburn Avenue; running thence west along the centerline of Auburn Avenue to its intersection with the centerline of Richmond Avenue; running thence northerly and along the centerline of Richmond Avenue to its intersection with the southerly boundary of Colonial Circle and running thence along the southwest and northwest boundary line of Colonial Circle to the centerline of Richmond Avenue, thence northerly along the centerline of Richmond Avenue to its intersection with the centerline of Bird Avenue; running thence west along the centerline of Bird Avenue to its intersection with the centerline of Baynes Street; running thence northerly along the centerline of Baynes Street to its intersection with the centerline of Forest Avenue; running thence westerly along the centerline of Forest Avenue to the POINT OF BEGINNING and also including all of Squaw Island lying north of the northerly boundary line of that parcel of land presently under the jurisdiction of the Buffalo Sewer Authority and further known as the Buffalo Sewer Authority's Wastewater Treatment Plant.] The region bounded and described as follows. 1. Beginning at t the point of intersection of the Buffalo River and Forest Avenue thence northerly along the coastline of the Buffalo River to the intersection of Vulcan Street thence proceeding northerly-..along northerly the centerline of Vulcan Street to the intersection of Kenmore Avenue, thence proceeding southerly along the centerline of Kenmore Avenue to the intersection of Ontario Street thence proceeding southerl along the centerline of Ontario Street to the intersection of Kenmore Avenue, thence proceeding easterly along the centerline of Kenmore Avenue to the intersection of Delaware Avenue thence roceedin - southerly . alon the centerline of Delaware Avenue to the intersection of Sca'a uada Expresswqy thence proceeding westerly along the centerline of Scajacivada Expressway to the intersection of Elmwood Avenue, thence proceeding southerly along the centerline of Elmwood Avenue to the intersection of Forest Avenue thence westerly along the centerline of Forest Avenue to the intersection of Grant Street thence proceedina southerly aloniz the centerline of Grant Street to the intersection of Pooley Place, thence proceeding westerly along the centerline of Poolpy Place to the intersection of Dewitt Strcct thcnce roceedin southerly along the centerline of Dewitt Street to the intersection of Bird Avenue, thence roceedin westerly along the centerline of Bird. Avenue to the intersection of West Avenue, thence p rocceding northerly along the centerline of West Avenue to the intersection of Forest Avenue thence moceeding westerly the centerline of Forest Avenue to the intersection of the point of be ig Rr ing_ 2. As Buffalo River and Erie - Lackawanna Railroad, thence roceedin northerly aloe the coastline of Squaw Island to the intersection of Erie - Lackawanna Railroad thence proceedina westerly aloe the centerline of Erie - Lackawanna Railroad to the intersection of the point of be ig nning DELAWARE DISTRICT 5 [BEGINNING AT THE POINT of intersection of the centerline of Delaware Avenue with the centerline of Kenmore Avenue, said centerline being the north boundary line of the City of Buffalo, and running east along said centerline to its intersection with the centerline of the former Erie Railroad right-of-way; running thence southerly along the centerline of the former Erie Railroad right-of-way to its intersection with the centerline of the westerly branch of the former Erie Railroad right-of-way; running thence westerly along the centerline of the former Erie Railroad right-of-way to its intersection with the centerline of Starin Avenue; running thence south along the centerline of Starin Avenue to its intersection with the centerline of Hertel Avenue; running thence cast and southeast along the centerline of Hertel Avenue to its intersection with the centerline of Main Street; running thence southwesterly along the centerline of Main Street to its intersection with the centerline of Bryant Street; running thence west along the centerline of Bryant Street to its intersection with Delaware Avenue; running thence northerly along the centerline of Delaware Avenue to its intersection with the centerline of Highland Avenue; running thence west along the centerline of Highland Avenue to its intersection with the centerline of Richmond Avenue; running thence northerly along the centerline of Richmond Avenue to its intersection with the centerline of Auburn Avenue; running thence east along the centerline of Auburn Avenue to its intersection with the centerline of Elmwood Avenue; running thence northerly along the centerline of Elmwood Avenue to its intersection with the centerline of West Delavan Avenue; running thence east along the centerline of West Delavan Avenue to its intersection with the centerline of Chapin Parkway; running thence northwest along the centerline of Chapin Parkway to the center point of Soldier's Place; running thence north along the centerline of Lincoln Parkway to its intersection with the entrance ramp to the Scajaquada Expressway; running thence northerly, northeasterly and easterly along the centerline of the entrance ramp and the centerline of the right-of-way of the Scajaquada Expressway to its intersection with the centerline of Delaware Avenue; running thence northerly alon the centerline of Delaware Avenue to the POINT OF BEGINNING.] The re ion. bounded and described as follows: Beginning at the point of intersection of Colonial Circle and Richmond Avenue thence oroccedina easterly alona the centerline of Colonial Circle to the intersection. of Richmond Avenue thence proceeding northerly along the centerline of Richmond Avenue to the intersection of Forest Avenue thence proceeding along the centerline of Forest Avenue to the intersection of Elmwood Avenue Lhence2mceeding northerl alon the centerline of Elmwood Avenue to the intersection of Scaia uada 1 thence p roceeding .. easterl y along the centerline of Scajaquada Expressway to the intersection of Delaware Avenue thence - proceeding northerly along the centerline of Delaware Avenue to the intersection of Kenmore Avenue thence roceedin easterly along the centerline of Kenmore Avenue to the intersection of Rosemary Avenue thence proceeding southerl along the centerline of Rosemary Avenue to the intersection of Saint Lawrence Avenue thence proceedin westerly alon2 the centerline of Saint Lawrence Avenue to the intersection of Starin Avenue thence proceeding southerly alon the centerline of Starin Avenue to the intersection of Taunton Place thence Droccedina easterly along the centerline of Taunton Place to the intersection of Covington Road thence roceedin southerl alan the centerline of Covin ton Road to the intersection of North Drive thence proceeding southeasterly alon g the centerline of North Drive s.. �- e- l.. :..�:�. ..f•�a -:.. r �. E .--• i r. • . •? • . , i �.-. c r�a.e4- c.�...rr� Park Gardens Circle to the intersection of Tacoma Avenue thence vroceeding easterly alona the 6 centerline of Tacoma Avenue to the intersection of Voorhees Avenue thence - proceedin g southerl alon the centerline of Voorhees Avenue to the intersection of Hertel Avenue thence v roceeding easterly along the centerline of Hertel Avenue to the intersection of Main Street thence roceedin southerl alon the centerline of Main Street to the intersection of Amherst Street thence proceeding westerl alon the centerline of Amherst Street to the intersection of Fairfield Street thence proceeding to the intersection of Main Street the roceedin southerl alon the centerline of Main Street to the intersection of West Delavan Avenue thence roceedin westerl aloe the centerlinc of West Delavan Avenue to the intersection of Delaware Avenue thence roceedin southerl alona the centerline of Delaware Avenue to the intersection of Gates Circle thence roceedin southerly alon g the centerline of Gates Circle to the intersection of Delaware Avenue thence p roceeding southerly along the centerline of Delaware Avenue to the intersection of Highland Avenue thence - oroceeding westerl alon the centerline of Hi bland Avenue to the intersection of Elmwood Avenue thence roceedin northerly alona the centerline of Elmwood Avenue to the intersection of West Ferry Street thence proceeding westerly along the centerline of West h'c Street. to the intersection of Richmond Avenue thence roceedin northez °1 alon the centerline of Richmond Avenue to the intersection of the oint of be innin UNIVERSITY DISTRICT [BEGINNING AT THE POINT of intersection of the centerline of Bailey Avenue with the centerline of Main Street, said centerline of Main Street being the northerly boundary line of the City of Buffalo and running thence northeasterly along said centerline of Main Street to its intersection with the cast boundary line of the City of Buffalo; running thence southerly and easterly along the various courses of the east boundary line of the City of Buffalo to its intersection with the centerline of Langfield Drive; running thence west along the centerline of Langfield Drive to its intersection with the centerline of Edison Avenue; running thence south along the centerline of Edison Avenue to its intersection with the centerline of Easton Avenue; running thence west along the centerline of Easton Avenue to its intersection with the centerline of Courtland Avenue; running thence south along the centerline of Courtland Avenue to its intersection with the centerline of East Delavan Avenue; running thence west along the centerline of East Delavan Avenue to its intersection with the centerline of Ericson Avenue; running thence north along the centerline of Ericson Avenue to its intersection with the centerline of Gerald Place; running thence west along the centerline of Gerald Place to its intersection with the centerline of Bailey Avenue; running thence north along the centerline of Bailey Avenue to its intersection with the centerline of Dorris Avenue; running thence west along the centerline of Dorris Avenue to its intersection with the centerline of Olympic Avenue; running thence north along the centerline of Olympic Avenue to its intersection with the centerline of Kensington Avenue; running thence southwest along the centerline of Kensington Avenue to its intersection with the centerline of the right -of- -way of the former Erie Railroad; running thence northwesterly along the centerline of the right -of -way of the former Erie Railroad to its intersection with the centerline of East Amherst Street; running thence west along the centerline of East Amherst ,Uuvk W ILa IIILC16UULIUII WIL11 LIX ccMCM11t: Vi i unflaLtan tivenue; running thence north ana northwesterly along the centerline of Manhattan Avenue to its intersection with the centerline of 7 Main Street; running thence northeasterly along the centerline of Main Street to its intersection with the centerline of Hertel Avenue; running thence northwesterly and westerly along the centerline of Hertel Avenue to its intersection with the centerline of Starin Avenue; running thence north along the centerline of Starin Avenue to its intersection with the centerline of the right-of-way of the west branch of the former Erie Railroad; running thence east and southeasterly along the centerline of the right -of -way of the west branch of the former Eric Railroad to its intersection with the centerline of the right -of -way of the main branch of the former Erie Railroad; running thence northwesterly along the centerline of the right -of -way of the former Erie Railroad to its intersection with the centerline of Kenmore Avenue, said centerline of Kenmore Avenue being the north boundary line of the City of Buffalo; running thence east and northeasterly along the centerlines of Kenmore Avenue and Main Street, (said centerlines also being of the north boundary line of the City of Buffalo) to the POINT OF BEGINNING.] The region bounded and described as follows; Be innin at the Dint of intersection of Starin Avenue and Taunton Place, thence proceeding northerly along the centerline of Starin Avenue to the intersection of Saint Lawrence Avenue, thence proceeding easterly asterly along the centerline of Saint Lawrence Avenue to the intersection of Rosemary Avenue thence proceeding northerl alon2 the centerline of RosemaU Avenue to the intersection of Kenmore Avenue thence p roceeding easterly along the centerline of Kenmore Avenue to the intersection of Main Street thence proceeding easterly along the centerline of Main Street to the intersection of City line, thence proceeding southerly along City line to East Delavan Avenue thence westerl alon the centerline of East Delavan Avenue to the intersection of Baile Avenue thence p roceeding northerly along the centerline of Bailey Avenue to the intersection of Kensington Expressway, Expresswqy, thence proceeding northerl alon the centerline of Kensin on Ex resswa to the intersection of Bailey Avenue, thence proceeding northerly along the centerline of Bailey Avenue to the intersection of East Amherst Street thence proceeding westerly along the centerline of East Amherst Street to the intersection of Poultne Avenue thence roceedin southerl aloe the centerline of Poultney Avenue to the intersection of Kensington Avenue thence proceedin westerly along the centerline of Kensington Avenue to the intersection of Erie - Lackawanna Railroad thence roccedin northerly alona the centerline of Erie - Lackawanna Railroad to the intersection of East Amherst Street thence proceeding westerly along the centerline of East Amherst Street to the intersection of Manhattan Avenue, thence proceeding northerly along the centerline of Manhattan Avenue to the intersection of Main Street thence proceeding northerl aloe the centerline of Main Street to the intersection of Hertel Avenue thence roceedin westerl along the centerline of Hertel Avenue to the intersection of Voorhees Avenue, thence p roceeding northerly along the centerline of Voorhees Avenue to the intersection of Tacoma Avenue thence proceeding westerl alon the centerline of Tacoma Avenue to the intersection of Park Gardens Circle thence rocee ding northerly along the centerline of Park Gardens Circle to the intersection of North Drive, thence proceeding westerly along the centerline of North Drive to the intersection of Covington Road, thence proceeding northerly along the centerline of Covin on Road to the intersection of Taunton Place thence roceedin l westerl alon the centerline of Taunton Place to the intersection of the point of beginning. 8 [BEGINNING AT THE POINT of intersection of the US. Government Harbor Line of the Black Rock Harbor with the centerline of Porter Avenue and running thence northeast along the centerline of Porter Avenue to its intersection with the centerline of Prospect Avenue; running thence southeast along the centerline of Prospect Avenue to its intersection with the centerline of Pennsylvania Street; running thence northeast along the centerline of Pennsylvania Street to its intersection with the southerly boundary line of Symphony Circle: running thence easterly and northeasterly along the boundary line of Symphony Circle to its intersection with the centerline of North Street; running thence east along the centerline of North Street to its intersection with centerline of Main Street; running thence northerly along the centerline of Main Street to its intersection with the centerline of Laurel Street; running thence east along the centerline of Laurel Street and continuing east along the centerline of Landon Street to its intersection with the centerline of Wohlers Avenue; running thence south along the centerline of Wohlers Avenue to its intersection with the centerline of Riley Street; running thence east along the centerline of Riley Street to its intersection with the centerline of the Kensington Expressway; running thence southerly along the centerline of the Kensington Expressway to its intersection with the centerline of the Dodge Street Bridge over the Kensington Expressway; running thence southeasterly along the centerline of the Dodge Street Bridge and its extension to its intersection with the northerly extension of the centerline of Herman Street; running thence south along the centerline of Herman Street and its northerly extension to its intersection with the centerline of High Street; running thence west along the centerline of High Street to its intersection with the centerline of Fox Street; running thence south along the centerline of Fox Street to its intersection with the centerline of Broadway; running thence southwesterly along the centerline of Broadway to its intersection with the centerline of Sherman Street; running thence south along the centerline of Sherman Street to its intersection with the centerline of Howard Street; running thence west along the centerline of Howard Street to its intersection with the centerline of Emslie Street; running thence south along the centerlinc of Emslie Street to its intersection with the centerline of Oneida Street; running thence easterly along the centerline of Oneida Street to its intersection with the centerline of Bond Street; running thence south along the centerline of Bond Street to its intersection with the centerline of St. Domingo Street; running thence westerly along the centerline of St. Domingo Street to its intersection with the centerline of Ernslie Street; running thence south along the centerline of Emslie Street to its intersection with the centerline of Eagle Street; running thence westerly along the centerline of Eagle Street to its intersection with the centerline of Jefferson Avenue; running thence south and southwesterly along the centerline of Jefferson Avenue and continuing thence south along the centerline of Hamburg Street to its intersection with the centerline of Exchange Street; running thence west along the centerline of Exchange Street to its intersection with the centerline of the right- of-way of the former Penn Central Railroad; running thence westerly along the centerline of the right- of-way of the former Penn Central Railroad to its intersection with the centerline of Michigan Avenue; running thence south along the centerline of Michigan Avenue to its intersection with the centerline of the Niagara Section of the New York State Thruway; running thence westerly along the centerline of the Niagara Section of the New York State Thruway to its intersection with the centerline of Erie Street; running thence southwesterly along the centerline of Erie Street to its intersection with the centerline of Lakefront Boulevard; running thence northwest along the Ojibwa Circle to its intersection with the centerline of the private drive known as Rivermist 9 i5 Drive; running thence southwesterly along the centerline of Rivermist Drive and its extension across the Erie Basin Marina to its intersection with the easterly shoreline of the so- called New York State Breakwall of the Erie Basin Marina; running thence northerly and northwesterly along the shoreline of the Erie Basin Marina to its intersection with the U.S. Government Harbor Line; running thence northwesterly along the U.S. Government Harbor Line of the Black Rock Harbor to the POINT OF BEGINNING.] The re ion bounded and described as follows. Beginning at the point of intersection of the Buffalo River and La Riviere Drive thence proceeding easterly along the coastline of the Buffalo River to the intersection of Porter Avenue thence roceedin easterl aloe the centerline of Porter Avenue to the intersection of Niagara Street thence Trocceding southerly along the centerline of Niagara Street to the intersection of Penns lvania Street thence proceeding easterl aloe the centerline of Pennsylvania Street to the intersection of Richmond Avenue thence p roceeding . not along the centerline of Richmond Avenue to the intersection of S m hon 7 Circle thence - oroceediniz northerly alonR the centerline of Symphqny Circle to the intersection of Richmond Avenue thence proccedinia northerly the centerline of Richmond Avenue to the intersection of Summer Street thence proceedin easterly along the centerline of Summer Street to the intersection of Delaware Avenue thence proceeding northerly along the centerline of Delaware Avenue to the intersection of West Delavan Avenue thence aloe the centerline of West Delavan Avenue to the intersection of Main Street, thence proceedin southerly alon the centerline of Main Street to the intersection of Michigan Avenue thence p roceeding southerly along the centerline of Michigan Avenue to the intersection of East Fer Street thence DroccedinR westerly alonp the centerline of East Fen Street to the intersection of Main Street thence roceedin southerl aloe the centerline of Main Street to the intersection of East Utica Street thence proceeding casterly the centerline of East Utica Street to the intersection of Michigan Avenue thence proceeding northerly along the centerline of Michigan Avenue to the intersection of Glenwood Avenue thence roceedin easterl alon the centerline of Glenwood Avenue to the intersection of Humboldt Parkwa thence proceedinLjjQAhqL1 along the centerline of Humboldt Park ay to the intersection of Woodlawn Avenue thence p roccedigg easterly along the centerline of Woodlawn Avenue to the intersection of Fillmore Avenue thence proceeding southerly along the centerline of Fillmore Avenue to the intersection: of Northampton Street thence proceeding westerly along the centerline of Northampton Street to the intersection of Kensington thence proceeding southerly along the centerline of Kensington Expressway to the intersection of the point 100 feet northwesterly of the terminus of Fox Street thence mocceding southeasterly to the terminus of Fox Street thence roceedin southerly along the centerline of Fox Street to the intersection of Broadwa y, thence proceedin westerly along the centerline of Broadway to the intersection of Sherman Street, thence p roceeding southerly along the centerline of Sherman Street to the intersection of Howard Street thence proceeding westerly along the centerline of Howard Street to the intersection of Emslie Street thence proceeding southerly aloe the centerline of Emslie Street to the intersection of Clinton Street thence proceedina westerly along the centerline of Clinton Street to the intersection of Watson Street thence roceedin southerly along the centerline of Watson Street to the intersection of East Eagle Street thence proceeding easterly along the centerline of East Ea e treet tot intersecton o rns ie Street t Brice roceen soot er a an t e center ine of Emslie Street to the intersection of South Division Street thence moceeding westerly aloe 10 the centerline of South Division. Street to the intersection of Hamburg, Street thence proceedin southerly along the centerline of Hamburg Street to the intersection of Myrtle Avenue thence roceedin westerl aloe the centerline of M rtIe Avenue to the intersection of South Cedar Street thence roceedin southerl = alon the centerline of South Cedar Street to the intersection of Seneca Street thence roceedin westerl alon the centerline of Seneca Street to the intersection of Louisiana ,Street thence proc eedin southerl alon the centerline of Louisiana Street t edigg westerly along the ecnterline of Exchan e Street to the intersection of Miehi an Avenue thence roceedin westerl aloe the centerlinc of the current and former as originally laid nut South Division Street to the intersection. of Main Street thence roceedin northerl aloe the centerline of Main Street 150 feet to the intersection of Church Street thence roceedin westerl alan the centerline of Church Street to the intersection of Up Terrace Street thence roceedin northerl alon the centerline of Upper Terrace Street to the intersection of South Elmwood Avenue thence p roceeding northerly along the centerline of South Elmwood Avenue to the to the intersection of West Tu er Street thence roceedin easterl alon the centerline of West Tu er Street to the intersection of Main Street thence proceedinm northerlv aloe the centerline of Main Street to the intersection of North Street thence roceedin westerl aloe the centerline of North Street to the intersection of Arlington Place thence procceding southwesterly along the centerline of Arlin ton Place to the intersection of Wadsworth Street,thence roceedin southerl alan the centerline of Wadsworth Street to the intersection of Hudson Street thence proceeding westerl aloe the centerline of Hudson Street to the intersection of West Avenue thence vroccedin southerly alonR the centerline of West Avenue to the intersection of Virginia, Street thence p roccedin . R westerly along the centerline of Virginia Street to the intersection of Interstate Hi hwa 190 thence roceedin northerl alon the centerline of Interstate Hi hwa 190 to the intersection of Jersey Street thence proceeding westerly along the centerline of Jersey Street to the intersection of Penn Central Railroad thence roceedin southerl alon the centerline of Penn Central Railroad to the intersection of the Bike Path thence roceedin southerl alon the centerline of the Bike Path to the intersection of Lakefront Boulevard thence proceeding westerl aloe the centerline of Lakefront Boulevard to the int ersection_ of Ojibwa Circle, thence moceedinv southerly aloe the centerline of Ojibwa Circle to the intersection of Waterfront Circle thence proceeding southerly along the centerline of Waterfront Circle to the intersection of Lakefront Boulevard thence roceedin southerl aloe the centerline of Lakefront Boulevard to the intersection of La Riviere Drive thence roceedin westerl alan the centerline of La Riviere Drive to the intersection of the point of be innin . MIASTEN DISTRICT [BEGINNING AT THE POINT of intersection of the centerline of Main Street with the centerline of Laurel Street and running thence east along the centerline of Laurel Street and continuing east along the centerline of Landon Street to its intersection with the centerline of Wohlers Avenue; running thence south along the centerline of Wohlers Avenue to its intersection with the centerline of Riley Street; running thence cast along the centerline of Riley Street to its intersection with the centerline of the Kensington Expressway; running thence southerly along Street Bridge over the Kensington Expressway; running thence southeasterly along the centerline of the Dodge Street Bridge and its extension to its intersection with the northerly extension of the centerline of Herman Street; running thence south along the centerline of Herman Street and its northerly extension to its intersection with the centerline of Best Street; running thence east along the centerline of Best Street and across Genesee Street and continuing east along the centerline of Walden Avenue to its intersection with the centerline of Kiefer Street; running thence north along the centerline of Kiefer Street to its intersection with the centerline of Genesee Street; running thence southwest along the centerline of Genesee Street to its intersection with the centerline of Kehr Street; running thence north along the centerline of Kchr Street to its intersection with the centerline of Glenwood Avenue; running thence east along the centerline of Glenwood Avenue to its intersection with the centerline of the right- of-way of the former New York Central Railroad; running thence south along the centerline of the right-of-way of the former New York Central Railroad to its intersection with the centerline of Box Avenue; running thence east along the centerline of Box Avenue to its intersection with the centerline of Moselle Street; running thence north along the centerline of Moselle Street to its intersection with the centerline of Frankfort Avenue; running thence west along the centerline of Frankfort Avenue to its intersection with the centerline of Ernst Avenue; running thence north along the centerline of Ernst Avenue to its intersection with the centerline of East Ferry Street; running thence east along the centerline of East Ferry Street to its intersection with the centerline of Nevada Avenue; running thence south along the centerline of Nevada Avenue to its intersection with the centerline of Genesee Street; running thence northeasterly along the centerline of Genesee Street to its intersection with the centerline of the right-of-way of the former Erie Railroad; running thence north along the centerline of the right-of-way of the former Erie Railroad to its intersection with the centerline of East Delavan Avenue; running thence east along the centerline of East Delavan Avenue to its intersection with the centerline of Olympic Avenue; running thence north, northwesterly and northerly along the centerline of Olympic Avenue to its intersection with the centerline of Kensington Avenue; running: thence southwest along the centerline of Kensington Avenue to its intersection with the centerline of the right- of-way of the former Erie Railroad; running thence northwesterly along the centerline of the right-of-way of the former Erie Railroad to its intersection with the centerline of East Amherst Street; running thence west along the centerline of East Amherst Street to its intersection with the centerline of Manhattan Avenue; running thence northerly and northwesterly along the centerline of Manhattan Avenue to its intersection with the centerline of Main Street; running thence southwest and southerly along the centerline of Main Street to THE POINT OF BEGINNING. The region bounded and described as follows: Beginning at the point of intersection of Main Street and East Utica Street thence proceeding northerly alona the centerline of Main Street to the intersection of West Ferry Street thence easterly along the centerline of West Ferry Street to the intersection of East Ferry Street thence proceeding easterly along the centerline of East FeM Street to the intersection of Michigan Avenue thence moccedin northerly along the centerline of Michigan Avenue to the intersection of Main Street thence p roceeding northerly along the centerline of Main Street to the intersection of Fairfield Street thence proceeding northerly along the centerline of Fairfield Street to the intersection of Amherst Street thence proceeding easterl y along the centerline of Amherst Street to the intersection of Manhattan Avenue thence T)roceeding southerly alon the centerline of Manhattan Avenue to the 12 intersection of East Amherst Street thence proccedina easterly alonp the centerline of East Amherst Street to the intersection of Erie - Lackawanna Railroad thence roceedin southerl alonR the centerline of Erie- Lackawanna Railroad to the intersection of Kensington Avenue thence roceedin easterl aloe the centerline of Kensin ton Avenue to the intersection of Poultne Avenue thence roceedin nartherl Sion the centerline of Poultne , Avenue to the intersection of East Amherst Street thence proc eedin easterly alona the centerline of East Amherst Street to the intersection of Baile Avenue thence roceedin souther 1 aloe the centerline of Baffle Avenue to the intersection of Kensin ton ExpressWay thence proceeding southerly aloe the centerline of Kensin ton Ex resswa to the intersection of Baffle Avenue thence roceedin southerl Sion the centerline of Baffle Avenue to the intersection of Dorris Avenue thence proceeding westerly along, the centerline of Dorris Avenue to the intersection of Ol m is Avenue thence roceedin southerl Sion the centerline of Oln is Avenue to the intersection of East Delavan Avenue thence proceeding westerly along the centerline of East Delavan Avenue to the intersection of Erie- Lackawanna Raihaad thence roceedin southerl alona the centerline of Erie - Lackawanna Railroad to the intersection of East Ferry Street thence roceedin westerl Sion the centerline of East Fer Street to the intersection of Ernst Avenue thence proceeding southerl Sion the centerline of Ernst Avenue to the intersection of Frankfort Avenue thence roceedin easterl Sion the centerline of Frankfort Avenue to the intersection of Moselle Street thence roceedin southerl Sion the centerline of Moselle Street to the intersection of Box Avenue thence roceedin westerl aloe the centerline of Box Avenue to the intersection of Kehr Street thence roceedin southerl Sion the centerline of Kehr Street to the intersection of Genesee Street thence Proceeding westerly along the centerline of Genesee Street to the intersection of Latour Street thence 'proceeding southerly along the centerline of Latour Street to the intersection of Walden Avenue thence the centerline of Walden Avenue to the intersection of Best Street thence roceedin westerl Sion the centerline of Best Street to the intersection of Kensington Ex resswa thence roceedin nort along the centerline of Kensington Expressway to the intersection of Northam ton Street thence roceedin easterl aloe the centerline of Northam ton Street to the intersection of Fillmore Avenue thence roceedin northerl Sian the centerline of Fillmore Avenue to the intersection of Woodlawn Avenue thence proceeding westerl y alona the centerline of Woodlawn Avenue to the intersection of Humboldt Parkway, thence proceeding southerly a1mg the centerline of Humboldt Parkway to the intersection of Glenwood Avenue thence Rroccedin westerly alona the centerline of Glenwood Avenue to the intersection of Micbiszan Avenue thence nroceeding southerly along the centerline of Michi an Avenue to the intersection of East Utica Street thence roceedin westerl aloe the centerline of East Utica Street to the intersection of the point of beginning. LOVEJOY DISTRACT [BEGINNING AT THE POINT of the intersection of the east boundary line of the City of Buffalo with the centerline of Mineral Spring Road and running thence southwesterly along the centerline of Mineral Spring Road to its intersection with the centerline of the right-of-way of the former Pennsylvania Railroad; running thence northwesterly along the centerline of the right -of way u tac tunilcr rufulsylvania Nazlroaa to its intersection witn the centerline of We buttalo River; running thence westerly, southerly and southwesterly along the centerline of the Buffalo 13 1 �+ River to its intersection with the centerline of Bailey Avenue; running thence southerly along the centerline of Bailey Avenue to its intersection with the centerline of Cazenovia Creek; running thence southeasterly along the centerline of Cazenovia Creek to its intersection with the centerline of Southside Parkway; running thence southerly along the centerline of Southside Parkway to its intersection with the centerline of Abbott Road; running thence westerly along the centerline of Abbott Road to its intersection with the centerline of South Park Avenue; running thence southeast along the centerline of South Park Avenue to its intersection with the centerline of Macamley Street; running thence southwesterly along the centerline of Macamley Street across Durant Street, and along the centerline of Osage Street to its intersection with the centerline of Hopkins Street; running thence north along the centerline of Hopkins Street to its intersection with the centerline of South Park Avenue; running thence westerly and northwesterly along the centerline of South Park Avenue to its intersection with the centerline of the Buffalo River; running thence northeasterly and southeasterly along the centerline of the Buffalo River to its intersection with the southerly extension of the centerline of Babcock Street; running thence northerly along the centerline of Babcock. Street and its extension to its intersection with the centerline of Seneca Street; running thence northwesterly along the centerline of Seneca Street to its intersection with the centerline of the right-of-way of the Norfolk and Western Railroad; running thence northeasterly along the centerline of the right- of-way of the Norfolk and Western Railroad to its intersection with the centerline of the right-of-way of the former Pennsylvania Railroad; running thence southeasterly along the centerline of the right-of-way of the former Pennsylvania Railroad to its intersection with the centerline of Bailey Avenue; running thence northeasterly and north along the centerline of Bailey Avenue to its intersection with the centerline of William Street; running thence west along the centerline of William Street to its intersection with the centerline of the right -of -way of the former Erie Railroad; running thence northerly along the centerline of the right-of-way of the former Erie Railroad to its intersection with the centerline of the right -of -way of the former Penn - Central Railroad; running thence northeast along the centerline of the right-of-way of the former Penn- Central Railroad to its intersection with the centerline of Bailey Avenue; running thence north along the centerline of Bailey Avenue to its intersection with the centerline of West Shore Avenue; running thence northwesterly along the centerline of West Shore Avenue.to the centerline of Fay Street; running thence north along the centerline of Fay Street across Walden Avenue and continuing north along the centerline of Burgard Place; across Hazel Place and again continuing north along the centerline of Burgard Place to its intersection with Genesee Street; running thence southwest along the centerline of Genesee Street to its intersection with the centerline of the right-of-way of the former Erie Railroad; running thence north along the centerline of the right -of -way of the former Erie Railroad to its intersection with the centerline of East Delavan Avenue; running thence east along the centerline of East Delavan Avenue to its intersection with the centerline of Olympic Avenue; running thence north and northwesterly along the centerline of Olympic Avenue to its intersection with the centerline of Dorris Avenue; running thence east along the centerline of Dorris Avenue to its intersection with the centerline of Bailey Avenue; running thence south along the centerline of Bailey Avenue to its intersection with the centerline of Gerald Avenue; running thence east along the centerline of Gerald Avenue to its intersection with the centerline of Ericson Avenue; running thence south along the centerline of Ericson the centerline of East Delavan Avenue to its intersection with the centerline of Courtland 14 u Avenue; running thence north along the centerline of Courtland Avenue to its intersection with Easton Avenue; running thence east along the centerline of Easton Avenue to its intersection with Edison Avenue; running thence north along the centerline of Edison Avenue to its intersection with the Centerline of Langfield Drive; running thence cast along the centerline of Langtield Drive to its intersection with the east boundary line of the City of Buffalo; running thence south along the east boundary line of the City of Buffalo to the POINT OF BEGINNING.] The re ion bounded and described as follows: Be innin at the Dint of intersection of the Buffalo River and South Park Avenue thence roceedin easterl alon the coastline of the Buffalo River to the intersection of Babcock Street thence roceedin northerl alon the centerline of Babcock Street to the intersection of Seneca Street thence roceedin westerl f aloe the centerline of Seneca Street to the intersection of Norfolk and Western Railwa thence p roceed in northerl elan the centerline of Norfolk and Western Railwa to the intersectim of Erie - Lackawanna Railroad thence t)roccedi-ng northerl along the centerline of Eric - Lackawanna Railroad to the intersection of Penn Central Railroad thence roceedin easterl alon the centerline of Penn Central Railroad to the intersection of Baffle Avenue thence roceedin northerl aloe the centerline of Baffle r Avenue to the intersection of William Street thence v rocceding westerly along the centerline of William Street to the intersection of Erie - Lackawanna Railroad thence roceedin northerl aloe the centerline of Erie - Lackawanna Railroad to the intersection of Penn Central Railroad thence proceedin easterl aloe the centerline of Penn Central Railroad to the intersection of Baffle Avenue thence roceedin northerly alony, the centerline of Baile Avenue to the intersection of West Shore Avenue thence roceedin westerl elan the centerline of West Shore Avenue to the intersection of Saint Jose h Avenue thence roceedin northerl alon the centerline of Saint Jose h Avenue to the intersection of Walden Avenue thence proceeding westerly along the centerline of Walden Avenue to the intersection of Goembel Avenue thence roceedin northerl alon the centerline of Goembel Avenue to the intersection of Hazel Place thence roceedin easterl alon the centerline of Hazel Place to the intersection of Bur and Place thence roceedin northerl alon the centerline of Bur and Place to the centerline of Genesee Street thence rennin Easterl alon the centerline of Genesee Street to its intersection with the centerline of Wende Strcct thence rennin northerl aloe the centerline of Wende Street to the intersection with East Ferry Street thence proceeding easterl alon the centerline of East Fer Street to the intersection of Baile Avenue thence roceedin northerl alon the centerline of Bailey Avenue to the intersection of Sca•a uada Street thence )roceeding westerl aloe the centerline of Sca'a uada Street to the intersection of Erie - Lackawanna Railroad thence mocceding northerly-Along northerly the centerline of Erie-Lackawanna Railroad to the intersection of East Delavan Avenue thence roceedin easterly along the centerline of East Delavan Avenue to the intersection of 41 m is Avenue thence proceeding northerl elan the centerline of Ol m ie Avenue to the intersection of Dorris Avenue thence roceedin easterl aloe the centerline of Dorris Avenue to the intersection of Bailey Avenue thence roceedin southerl elan the centerline of Baffle Avenue to the intersection of East Delavan Avenue thence proceeding easterly along the centerline of East Delavan Avenue to the intersection of East End Avenue thence roceedin southerl aloe the Ci line to the intersection of Penn Central Railroad thence roceedin westerl aloe the southerly alona the centerline of Buffurn Street to the intersection of Rochester Street thence 15 p rocceding westerl alon the centerline of Rochester Street to the intersection of Hille Avenue thence vroceedina northerly alona the centerline of Hille ry Avenue to the intersection of Mineral Springs Road thence proceeding easterly along the centerline of Mineral Springs Road to the intersection of Penn Central Railroad thence vroceeding westerly aloe the centerline of Penn Central Railroad to the intersection of the Buffalo Rivei thence roceedin westerl aloe the coastline of the Buffalo River to the intersection of Avon Place thence roceeding southerl alonia the centerline of Avon Place to the intersection of Seneca Street thence Troceedin easterly along the centerline of Seneca Street to the intersection of Southside Park wa thence p roceeding southerl aloe the centerline of Southside Parkwa to the intersection of Abbott Road thence vroccedimz westerlv alonR the centerline of Abbott Road to the intersection of Good Avenue thence proceeding southerly aloe g the centerline of Good Avenue to the intersection of South Park Avenue thence proceeding southerly along the centerline of South Park Avenue to the intersection of Remoleno Street, thence proceeding easterl alon the centerline of Rernoleno Street to the intersection of Dash Street thence southerl alon the centerline of Dash Street to the intersection of Macamley Street thence 2rqceedin easterly along the centerline of Macamley Street to the intersection of Taylor Place thence p roceeding southerly along the centerline of Taylor Place to the intersection of Josic Place thence proccediM westerl aloe the centerline of Josic Place to the intersection of South Park Avenue thence proceedin2 northerly alon the centerline of South Park Avenue to the intersection of Trowbrid e Street thence proceeding westerly along the centerline of Trowbridge Street to the intersection of Hopkins Street thence proceedi.n2 northerly aloe the centerline of Hopkins Street to the intersection of South Park Avenue thence roceedin westerl alon the centerline of South Park Avenue to the intersection of the Dint of be innin . 1[E ILLMORE DISTRICT [BEGINNING AT THE POINT of the intersection of the centerline of William Street with the centerline of Bailey Avenue and running thence south and southwesterly along the centerline of Bailey Avenue to its intersection with the centerline of the right-of-way of the former Pennsylvania Railroad; running thence northwesterly along the centerline of the right -of -way of the former Pennsylvania Railroad to its intersection with the centerline of the right-of-way of the Norfolk and Western Railroad; running thence southwesterly along the centerline of the right-of- way of the Norfolk and Western Railroad to its intersection with the centerline of Seneca Street; running thence southeasterly along the centerline of Seneca Street to its intersection with the centerline of Babcock Street; running thence southerly along the centerline of Babcock Street to its intersection with the centerline of the Buffalo River; running thence westerly and northwesterly along the various turns and bends of the centerline of the Buffalo River to the entrance to the Black Rock Harbor; running thence northwesterly along the east line of the Black Rock harbor, which is the westerly line of the Erie Basin and also the west line of the so- called New York State Breakwall to the northerly most point of said breakwall; running thence southeasterly along the interior shoreline of the so- called New York State Breakwall to its intersection with the southwesterly extension across the Erie Basin Marina of the centerline of extension of the centerline of the private drive known as Rivermist Drive and continuing 2 northeasterly along the centerline of Rivermist Drive to its intersection with the centerline of Ojibwa Circle; running thence northeasterly along the centerline of Ojibwa Circle to its intersection with the centerline of Lakefront Boulevard; running thence southeast along the centerline of Lakefront Boulevard to its intersection with the centerline of Erie Street; running thence northeasterly along the centerline of Erie Street to its intersection with the centerline of the Niagara Section of the New York State Thruway; running thence easterly along the centerline of the Niagara Section of the New York State Thruway to its intersection with the centerline of Michigan Avenue; running thence northerly along the centerline of Michigan Avenue to its intersection with the centerline of the right-of-way of the former Penn Central Railroad; running thence easterly along the centerline of the right-of-way of the former Penn Central Railroad to its intersection with the centerline of Exchange Street; running thence easterly along the centerline of Exchange Street to its intersection with the centerline of Hamburg Street; running thence northerly and northeasterly along the centerline of Hamburg Street to its intersection with the centerline of Jefferson Avenue; running thence north along the centerline of Jefferson Avenue to its intersection with the centerline of Eagle Street; running thence easterly along the centerline of Eagle Street to its intersection with the centerline of Emslie Street; running thence north along the centerline of Emslie Street to its intersection with the centerline of St. Domingo Street; running thence easterly along the centerline of St. Domingo Street to its intersection with the centerline of Bond Street; running thence north along the centerline of Bond Street to its intersection with the centerline of Oneida Street; running thence westerly along the centerline of Oneida Street to its intersection with the centerline of Emslie Street; running thence north along the centerline of Ernslic Street to its intersection with the centerline of Howard Street; running thence east along the centerline of Howard Street to its intersection with the centerline of Sherman Street; running thence north along the centerline of Sherman Street to its intersection with the centerline of Broadway; running thence easterly along the centerline of Broadway to its intersection with the centerline of Fox Street; running thence north along the centerline of Fox Street to its intersection with High Street; running thence east along the centerline of High Street to its intersection with the centerline of Herman Street; running thence north along the centerline of Kerman Street to its intersection with Best Street; running thence east along the centerline of Best Street, across Genesee Street, and continuing east along the centerline of Walden Avenue to its intersection with the centerline of Kiefer Street; running thence north along the centerline of Kiefer Street to its intersection with the centerline of Genesee Street; running thence southwest along the centerline of Genesee Street to its intersection with the centerline of Kehr Street; running thence north along the centerline of Kehr Street to its intersection with the centerline of Glenwood Avenue; running thence east along the centerline of Glenwood Avenue to its intersection with the centerline of the right-of-way of the former New York Central Railroad; running thence south along the centerline of the right-of-way of the f6imer New York Central Railroad to its intersection with the centerline of Box Avenue; running thence east along the centerline of Box Avenue to the centerline of Moselle Avenue; running thence north along the centerline of Moselle Avenue to its intersection with the centerline of Frankfort Avenue; running thence west along the centerline of Frankfort Avenue to its intersection with the centerline of Ernst Avenue; running thence north along the centerline of Ernst Avenue to its intersection with the centerline of East Ferry Street; running thence east along the centerline of East Ferry Street to _c. ___c__._ _ _ i._ _ ii .i Y Tyr Y • • _ . of Nevada Avenue to its intersection with the centerline of Genesee Street; running thence iii northeast along the centerline of Genesee Street to its intersection with the centerline of Burgard Place; running thence south along the centerline of Burgard Place across Hazel Place, continuing south along the centerline of Burgard Place, across Walden Avenue and continuing south along the centerline of Fay Street to its intersection with the centerline of West Shore Avenue; running thence southeasterly along the centerline of West Shore Avenue to its intersection with the centerline of Barley Avenue; running thence south along the centerline of Bailey Avenue to its intersection with the centerline of the right-of-way of the former New York Central Railroad; running thence southwest along the centerline of the right- of-way of the former New York Central Railroad to its intersection with the centerline of the right-of-way of the former Erie Railroad; running thence southerly along the right- of-way of the former Erie Railroad to its intersection with the centerline of William Street; running thence east along the centerline of William. Street to the POINT OF BEGINNING.] The re ion bounded and described as follows: Be irzrzin at the aint of intersection of Jerse Street and Penn Central Railroad thence proceedina easterlv along the centerline of Jerse Street to the intersection of Interstate Hi hwa 190 thence roceedin southerl aloe the centerline of Interstate Hi hwa 190 to the intersection of Vir inia Street thence zoceedin easterl elan the centerline of Vir inia Street to the intersection of West Avenue thence roceedin northerl along the centerline of West Avenue to the intersection of Hudson Street thence roceedin easterly along the centerline of Hudson Street to the intersection of Wadsworth Street thence roceedin northerl alon the centerline of Wadsworth Street to the intersection of Arlin on Place thence roceedin noz th easterl alon the centerline of Arlin ton Place to the intersection of North Street thence roceedin easterl alon the centerline of North Street to the intersection of Main Street thence proceeding southerly alona the centerline of Main Street to the intersection of West Tu er Street thenee roceedin wasted , alon the centerline of West Tun= Street to the intersection of South Elmwood Avenue thence roceedin southerl alon the centerline of South Elmwood Avenue to the intersection of U er Terrace Street thence p roceedina southcrlv alona the centerline of Upper Terrace Street to the intersection of Church Street thence proceeding southerly along the centerline of Church Street to the intersection of Main Street thence roceedin southerl aloe the centerline of Main Street one hundred fi feet (150') to the intersection of the centerline of the current and former as originally laid out South Division Street thence roceedin easterl elan the centerline of the current and former as originally laid out South Division Street to the intersection of Michigan Avenue thence roceedin southerl aloe the centerline of Michi an Avenue to the intersection of Exchange Street thence moceedinp, easterly alona the centerline of Exehan e Street to the intersection of Louisiana Street thenee roceedin northerl aloe the centerline of Louisiana Street to the intersection of Seneca Street thence roceedin easterl alon the centerline of Seneca Street to the intersection of South Cedar Street thence roceedin northerl aloe the centerline of South Cedar Street to the intersection of M rtle Avenue thence roceedin easterl clan the centerline of M rtle Avenue to the intersection of Hamburg Street thence proqggding northerly along the centerline of Hamburg Street to the intersection of South Division Street thence Droceedin easterl alon the centerline of South Division Street to the intersection of Emslic Street thence p roceeding northerly along the centerline of Emslie Street to the intersection of East Ea le Street Street thence proceeding northerly along the centerline of Watson Street to the intersection of 18 Clinton Street thence roceedin easterl alon the centerline of Clinton Street to the intersection of Emslie Street thence roceedin noz then alon the centerline of Emslie Street to the intersection of Howard Street thence easterly along the centerline of Howard Street to the intersection of Sherman Street thence roceedin northerl alan the centerline of Sherman Street to the intersection of Broad wa thence roceedin easterl i aloe the centerline of Broa edipm northerly along the centerline of Fox Street to its terminus thence roceedin northwesterl to the centerline of the Kensin on Express thence roceedin northerl alon the centerline of Kensin ton Ex resswa to the intersection of Best Street thence roceedin easterl alon the centerline of Best Street to the intersection of Walden Avenue thence proceeding easterly along the centerline of Walden Avenue to the intersection of Latour Street thence roceedin northerl alon the centerline of Latour Street to the intersection of Genesee Street thence roceedin easterl alan the centerline of Genesee Street to the intersection of Kehr Street thence roceedin northerl alon the centerline of Kehr Street to the intersection of Box Avenue thence roceedin easterl alon the centerline of Box Avenue to the intersection of Moselle Street thence roceedin northerly along the centerline of Moselle Street to the intersection of Frankfort Avenue thence roceedin westerl alon the centerline of Frankfort Avenue to the intersection of Ernst Avenue thence v roceedina northerly aloe the centerline of Ernst Avenue to the intersection of East Fe Street thence Proceeding easterly along the centerline of East Ferry Street to the intersection of Erie - Lackawanna Railroad thence Proceeding northerly along the centerline of Erie- Lackawanna Railroad to the intersection of Sca•a uada Street thence proceeding easterly alon the centerline of Sca'a uada Street to the intersection of Wende Street thence roceedin easterl aloe the centerline of Wende Street to the intersection of Sca'a uada Street thence roceedin easterl along the centerline of Sca'a uada Street to the intersection of Baffle Avenue thence roceedin southerl alon the centerline of Baffle Avenue to the intersection of East Fe Street thence roceedin westerl alon the centerline of East Fe Street to the intersection of Wende Street thence Drocceding southerl alon the centerline of Wende Street to the intersection of Genesee Street thence roceedin westerl alon the centerline of Genesee Street to the intersection of Bur and Place thence prDeceding southerly along the centerline of Bur and Place to the intersection of Doat Street thence roceedin westerl aloe the centerline of Doat Street to the intersection of Bur and Place thence roceedin southerl aloe the centerline of Bur and Place to the intersection of Hazel Place thence p roceedin westeriv alona the centerline of Hazel Place to the intersection of Goembel Avenue thence proceeding southerl alon the centerline of Goembel Avenue to the intersection of Walden Avenue thence roceedin easterl aloe the centerline of Walden Avenue to the intersection of Saint Joseph Avenue thence roceedin southerl alon the centerline of Saint Joseph Avenue to the intersection of West Shore Avenue thence roceedin easterl alon the centerline of West Shore Avenue to the intersection of Baffle Avenue thence roceedin southerl alon the centerline of Baile Avcnue to the intersection of Penn Central Railroad thence roceedin westerl alon the centerline of Penn Central Railroad to the intersection of Erie - Lackawanna Railroad thence proceeding southerly along the centerline of Erie - Lackawanna Railroad to the intersection of William Street thence Proceeding easterly alon the centerline of William Street to the intersection of Bailey Avenue thence proceeding southerly along the roceedin westerl clan the centerline of Penn Central Railroad to the intersection of 19 Eric - Lackawanna Railroad thence proceeding southerly along the centerline of Erie - Lackawanna Railroad to. the intersection of Norfolk and Western Railway, thence proceeding southerly along the centerline of Norfolk and Western Railwa to the intersection of Seneca Street thenee proceeding easterly along the centerline of Seneca. Street to the intersection of Babcock Street, thence - proceeding southerly along the centerline of Babcock Street to the intersection of the Buffalo River, thence proceeding southerly along the coastline of the Buffalo River to the intersection of La Riviere Drive, thence proceeding easterly aloe the centerline of La Riviere Drive to the intersection of Lakefront Boulevard, northerly along the centerline of Lakefront Boulevard to the intersection of Waterfront Circle, thence proceeding westerly along the centerline of Waterfront Circle to the intersection of Ojibwa Circle thence proceeding westerly along the centerline of Ojibwa Circle to the intersection of Lakefront Boulevard, thence proceeding_ northerly along the centerline of Lakefront Boulevard to the intersection of the Bike Path thence easterly along the centerline of the Bike Path to the intersection of Penn Central Railroad, thence proceeding northerly along the centerline of Penn Central Railroad to the intersection of the point of be innin . Section 2. Insofar as the provisions of this local Iaw are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately upon its final approval pursuant to Section 3 -17 of the Buffalo City Charter and Code. Section 4: IT IS HEREBY CERTIFIED, pursuant to Section 3 -17 of the Charter of the City of Buffalo, that the immediate passage of this Local Law is necessary. Byron W. brown Mayor APPROVED AS TO FORM .. %w Corporation Counsel NOTE: Matter in brackets [ to be deleted; matter under- lined is new. DR :TAB 7':114 P64Lli SL40RI��riS140RDL1E' [] \iiv7S[.UL INE2. by C 20 * ,AYE * NO * 1 * FRANCZYK * GOLOMMEK * K EARNS x 1 ;7t - LOCURTO * * r * RIVERA RUSSELL * * � SAIFM mr r M Adjournment On a motion by Councilrmember Fontana, Seconded by adjoumed at the Council GERALD A. CHWALINSKI CITY CLERK