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HomeMy WebLinkAbout11-0726CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO July 26, 2011 AT 2:00 P.M. Present -- David A. Franczyk, President of the Council, and Co ncilmembers: Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell & Smith - 9 Absent -None On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on July 12, 2011 were approved. [3/4- 7] *AY * NO* * * * July 26, 2011 FONTANA * * FRANCZYK GOLOMBEK *` KEARNS * * * LOCURTO *` ** * PRIDGEN x RIVERA * * * RUSSELL SMITH * * * ------------- [MAJ- 5] [ 2/3 - 6 ] [3/4- 7] *AY * NO* * * * July 26, 2011 FROM THE MAYOR July 26, 2011 FROM THE MAYOR - EXECUTIVE DEPARTMENT July 26, 2011 LF FROM THE CITY PLANNING BOARD July 26, 2011 0000 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article a (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 Medaille College, building addition with parking Location: 24 Agassiz Circle Type of Action: Type 1- Uncoordinated Description: Medaille College is proposing the construction of a gymnasium addition and parking lot additions located at 24 Agassiz Circle Buffalo New York. The proposal is for a two -story recreational facility building expansion, paved surface parking lot expansion /modification, addition of property driveway relocation, utility modifications and landscaping. A twelve foot high wood fence extension shall be installed at the northwest property line between the neighboring residences. Existing iron fencing, currently on cemetery property (Historic Forest Lawn cemetery) shall be relocated to the new western boundary line with the cemetery. Parking lot expansion /modifications are proposed to alleviate the current lack of parking for the student population and better organize traffic patterns on the campus. A dedicated fire lane and driveway loop is proposed to provide continued uninterrupted egress around the building addition that could be utilized during and after construction. The proposed construction schedule is based on the relocation of the driveway by August 2011 in order to complete construction and occupy the building by September 2012. The project is privately funded. All mechanicalslroof top units will be evaluated including present units for noise. Proper insulation will be placed around them as well as internally to prevent noise overflow in to the surrounding community. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will assure and assist Medaille college to remain a viable force in the education community as well as bring positive recognition to the City of Buffalo with there reputation as a fine educational institution. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated July 19, 2011 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Medaille College a V 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 66 Niagara Square Buffalo New York 14202 As per the provisions of SEOR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title South Buffalo Development LLC iK Location: 1337 South Park Avenue Type of Action: Type 1 - Uncoordinated Description: South Buffalo Development is proposing the construction of a parking lot with landscaping on the property located at 1337 South Park Avenue, Buffalo New York, South Buffalo Development LLC is the owner of the property on which the parking lot is to be located. The parking lot will be located near the intersection of Lee Street and South Park Avenue. The intended use is to provide free public parking for fifty six vehicles. The parking will allow fro a parking area for individuals and families that would like to take advantage of the Buffalo River. The Buffalo Railroad Historical Society group will also be provided access to the site and will use the location to continue to grow it nonprofit group. The lot will be approximately 67,314 Square Feet with a surrounding green area of Approximately 319,936 Square Feet. The lot cannot be observed from south, east and west directions and there will be limited visibility of the proposed lot from the north. The entire project will be approximately 10.029 acres. The entire property is currently enclosed with a chain link fence. A storm water drainage system will be installed along with site lighting around the perimeter of the project area. The project area has been remediated as per a conversation with Mr. Chapin, a representative of South Buffalo Development LLC. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the Buffalo Railroad Historical Society access to a site they will be able to utilize in the future as well as giving the general public a place to park as they enjoy the Buffalo River and the History of the surrounding area. The new landscaping will enhance significantly a site that is currently is barren land, 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 4 716 8515085 dated July 19, 2011 CC: City Clerk . City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection South buffalo Development LLC FROM THE OFFICE OF STRATEGIC PLANNING 0000 2 (Rev. 1193) MULTIPLE PA GE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 21, 2011 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Permission to Designate Developer For Vacant Lots Located at 401 and 407 Adams and 16 Grey Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx/xx) The Office of Strategic Planning, Division of Real Estate, has received a proposal from the HEART Foundation, 1131 Kensington Avenue, Buffalo, New York 14215 to acquire the above captioned properties. The HEART Foundation is proposing a development that will construct single room occupancy apartments "SRO The project will provide vital resources, shelter, housing placement and educational /vocational training services to veterans experiencing or at risk of homelessness in Erie County. The above mentioned city owned properties are needed for the development of this project. The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate the HEART Foundation and or a corporation, partnership, or other legal entity to be formed as Redeveloper of the subject properties for a period of six (6) months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimted total project costs, for review and approval by the City. b.. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Purchase Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Two Hudred Fifty Dollars ($250.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Purchase Agreement to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all fees paid on account and the City shall retain all such fees. FORM #2 — Page #2 TEXT CONTINUATION RE: Redeveloper Designation 401 and 407 Adams and 16 Grey July 21, 2011 f. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6501 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Purchase Agreement for approval by the Common Council by no later than six (6) months from the date the Common Council approves . the designation. h. Upon signing of Purchase Agreement, a payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article .27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Redeveloper to comply with the above conditions, the City will give written notice to the Redeveloper via certified mail and allow the Redeveloper two (2) weeks to cure. This designation will expire six (6) months from the date the Common Council approves the designation. I'am requesting that your Honorable Body approve the designation of the HEART Foundation as the Redeveloper of 401 and 407 Adams and 16 Grey upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 401 and 407 Adams and 16 Grey; and forward to the Common Council for final approval agreements for the transfer of title. DEPARTMENT HEAD NAME: FOR: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. SIGNATURE BMMPH /ck 632broadetcdesignationcommun BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING 7 6 , - if City Clerk's Department BUFFALO July 29, 2011 N XI Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED July 25, 2011 Strat Plan - Proposed Agreement With Valley Comm Assoc And Bflo Nia Riverkeeper for NYS Grant (Bflo River Greenway Phase I) Gerald A Chwalinski City Clerk el i AUJ� / clor)mulpl�r� 1 (R 1193) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE :July 13,2011 FROM: DEPARTMENT: Strategic Planning DIVISION: Neighborhood Development SUBJECT: The Office of Strategic Planning'i?roposed Agreement with the Valley Community Association for $301,000.and Buffalo Niagara Riverkeeper for $89,100.for implementation of $390,1.00. in N.Y. Department of State Grant 6707(Buffalo River Greenway,Phase 1) funding objectives. PRIOR.COUNCI_ REFERENCE: ITEM NO.9,C.C.P.,Mayll,2010 TEXT: ITYPE SINGLE SPACE BELOW The City of Buffalo Office of Strategic Planning is positioned to enter into formal contracts with Party A( The Valley Community Association) for $301,000.and Party B(The Buffalo Niagara Riverkeeper)for $,89,100.for their assistance in implementing the objectives and tasks which are the subject of N.Y. D.D.S. Grant #6707in the amount of $390,100. The Office of Strategic Planning is requesting that your Honorable Body hereby: 1, Grant the Executive Director and Department the specific authority to enter into the attached Agreements and fund up to $301,000 and $89, 100. respectively from the Department to the Valley Community Association and Buffalo Niagara Riverkeeper pursuant to the terms and provisions of the Agreements,and 2. Authorize the Department or, other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate and,irnplement 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 Agrements and other necessary documentation and agreements wherever necessary for execution and actual implementation. DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DIVISION OR DEPARTMENT HEAD g �k S CONSULTING AGREEMENT BETWEEN Valley Community Association,lne. AND The City of Buffalo FOR Buffalo River Greenway, Phase 1 This Consulting Agreement ( "Agreement ") is made effective as of September 30, 2010 by and. between Valley Community Association,lne.and the City of Buffalo. In this Agreement, the party that is providing the services, Valley Community Association, Inc., shall be referred to as "VCA" and the party who will be receiving the services, the City of Buffalo, shall be referred to as "the City." VCA is willing to provide services to the City pursuant to the terms and conditions of this Agreement. The City desires to have services provided by VCA and VCA desires to provide services to the City. Therefore, for mutual consideration, the sufficiency of which is acknowledged by the parties hereto, the parties agree as follows:. 1. DESCRIPTION OF SERVICES. a.VCA agrees to undertake, carry out and complete for the City in a satisfactory and competent manner, all of the work and services set forth in the Scope of Services attached hereto as Appendix A and made part of this Agreement. b. VCA agrees to maintain close liaison with the City's project director to ensure a well - integrated project effort and to achieve performance goals during the Agreement. Consultant will meet monthly, unless otherwise agreed with the project manager. 2. KEY PERSONNEL. VCA's project director is VCA Executive Director Margaret Overdorf. The City's project director is Dennis Sutton, Environmental Engineer.. 3. TERM. This Agreement shall be effective as of September 30, 2010 and shall continue through September 30, 2012 unless terminated sooner or extended as hereinafter provided. 4. COMPENSATION AND MAXIMUM COST. a. In full and complete consideration of Consultant's satisfactory performance under this Agreement, the City agrees to pay VCA an amount not to exceed $301,000, as follows: 0 $301,000. upon completion of Tasks - 10 through 20. b. Upon termination of this Agreement, payments under this paragraph shall cease, provided, that VCA shall be entitled to full payment for each Task completed or goal achieved prior to the date of termination and for which VCA has not yet been paid, including a pro -rata share for tasks which have been completed but for which the milestone billing task has not yet been reached. 00140i5WON11iO4 a. Either party may terminate this Agreement at any time by giving thirty (30) clays written notice to the other contracting party. In the case of termination by the City, VCA shall, upon receipt of notice of termination, refrain from incurring any additional costs under this Agreement and shall use the best efforts to cancel any commitments made prior to receipt of such notice. Termination shall not affect any commitments of VCA that have properly become legally binding prior to the effective date of termination. The City shall pay VCA for each Task completed prior toVCA's receipt of notice of termination and for each goal achieved within 30 days of VCA's receipt of notice of termination, Any prepaid but unearned funds shall be returned to the City. b. It is understood and agreed, in the event that the City has evidence that VCA is in default upon any of its obligations hereunder, the City shall be entitled to either suspend the contract until an acceptable remedy is established or to terminate the Agreement. 6. RELATIONSHIP OF PARTIES. It is understood by the parties that VCA is an independent contractor with respect to the City, and not an employee of the City. The City will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of VCA. 7. INDEMNIFICATION. If either the City or VCA is negligent in carrying out its obligations hereunder, the negligent party agrees to indemnify and hold harmless (he innocent party from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the innocent party which arise from or are related to the negligent party's performance or failure to perform pursuant to this Agreement. 8. ASSIGNMENT. VCA's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the City. 9. LIMIT OF LIABILITY. Notwithstanding any other provisions of this Agreement, VCA's liability to the City for any act, or failure to act, pursuant to or in conjunction with this Agreement, shall not exceed the amount the City pays VCA or is obligated to pay VCA pursuant to this Agreement. 10. MODIFICATION. This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties. 11. GENERAL OBLIGATIONS. In performance of the work authorized under this Agreement, VCA agrees to comply with all applicable laws and regulations, particularly those associated with solicitation of charitable contributions pursuant to New York not - for -profit corporations' law. 12. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. . 13. GOVERNING LAW. Regardless of the place of physical execution or performance this Agreement shall be construed according to the laws of the State of New York and shall be deemed to have been executed in the State of New York. 14. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Company: Valley Community Association,lnc. Contact: c/o Margaret Overdorf Address: 93 Leddy Street Buffalo, New York 14210 FED EIN Tax ID: 16- 0964724 Client: The City of Buffalo Contact: c/o Dennis Sutton Address: Tax ID/EIN /S #: Either party may change such address from time to time by providing written notice to the other in the manner set forth above. 16. WARRANTY OF ORIGINALITY VCA warrants that all material produced by VCA and delivered to the City hereunder shall be original, except for such portion as is included with permission of the copyright owners thereof, that it shall contain no libellous or unlawful statements of materials and will not infringe upon any copyright, trademark, patent, statutory or other proprietary rights of others and that it will hold harmless the City form any costs, expenses, damages resulting from any breach of this warranty. 17. REIMBURSMENT OF COSTS, The City shall reimburse VCA for any and all reasonable expenses where appropriate in connection with VCA's completion of the scope of services as detailed in Appendix A. To the maximum extent possible, VCA shall utilize City facilities and supplies where appropriate to mini l nine costs. VCA will obtain prior authorization for all expenses and provide the City with a tentative budget. Expenses are not to exceed $2,000. 1$. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, that such provision shall be deemed to be written, construed, and enforced as so limited. � 19. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are not other promises or conditions in any other. agreement whether oral or written, This Agreement supersedes any prior written or oral agreements between the parties. IN By: Margaret Overdorf, Executive Director Date Valley Community Association,Inc. APPENDIX A Scope of Services In accordance with the terms of this contract Agreement, the City of Buffalo retains the services of VCA to execute Tasks 10 -20 of Buffalo River Greenway, Phase I, Appendix D - Program Work Plan Section 5 for a total cost of $301,000. Additionally, V.C.A.will prepare all necessary data and reports for the City of Buffalo to fulfill the _project management responsibilities outlined in item 6: Project Management Responsibilities of said Appendix. AGREEMENT AMENDMENT WITH INDEMNITY 1.191010U- 11i"ne-Es] - 4 - 1 1 -Tf1 THIS AGREEMENT AMENDMENT WITH INDEMNITY AND INSURANCE RIDER is attached to that certain Consulting Agreement (the "Agreement ") dated effective as of September 30, 2010 from Valley Community Association. (the "Corporation ") to The City of Buffalo (the "City "). 1. Paragraphs numbered 7 and 9 of the Agreement are hereby replaced with the following provisions: 2. "The Corporation hereby indemnifies the City and agrees to defend and hold the City harmless from and against all liability arising out of the services provided to the City by the Corporation. Said services are described in the Agreement to which this Rider is attached. 3. In furtherance of the Corporation's indemnification of the City, the Corporation agrees at all times during the term of the Agreement to keep and pay for general /public liability insurance (with limits of at least $1,000,000 per occurrence /$2000,000 aggregate) to protect the Corporation and the City against loss by reason of bodily injury, death or property damage caused directly or indirectly by activities of the Corporation or in any way related to or arising out of the services described in the Agreement and or the Corporation's operations related to the services, The City shall be named as additional insured on such policy or on certificates of insurance evidencing such policy as well as on any other excess /umbrella liability obtained by the Corporation. Further, the Corporation shall keep and maintain and place and pay for automobile insurance coverage having limits of at least $1,000,000 per occurrence (covering all vehicles in use) with the City also being named as additional insured. The Corporation shall also provide the City with proof of Workers Compensation insurance on a New York form. Each such class of insurance described above must be provided by insurance companies which are reasonably acceptable to the City and any certificates or other proofs of insurance required hereunder must be in form and substance reasonably acceptable to the City. 4. City shall not be obligated to engage the services of the Corporation for any administration of services between City and any contractor or for any services beyond those services which are specifically provided for in the Agreement as hereby modified. Further, City shall have the unilateral right to at any time cancel and terminate the Agreement and the services of the Corporation for any or no cause in which such event the City shall have no further obligation to the Corporation other than for payment of services through the date of termination." IN WITNESS WHEREOF City and the Corporation 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 the Corporation in this matter. APPROVED AS TO FORM ONLY DAVID RODRIQUEZ Acting Corporation Counsel M JOHN V. HEFFRON Assistant Corporation Counsel THE CI'T'Y OF BUFFALO THROUGH ITS OFFICE OF STRATEGIC PLANNING M Brendan Mehaffy Executive Director Date: Valley Community Association By: Margaret Overdorf, Executive Director Date: T CONSULTING AGREEMENT BETWEEN Buffalo Niagara Riverkeeper AND The City of Buffalo FOR Buffalo River Greenway, Phase I This Consulting Agreement ( "Agreement ") is made effective as of September 30, 2010 by and between Buffalo Niagara Riverkeeper.and the City of Buffalo. In this Agreement, the party that is providing the services,Buffalo Niagara Riverkeeper, shall be referred to as "RIVERKEEPER" and the party who will be receiving the services, the City of Buffalo, shall be referred to as "the City." RIVERKEEPER is willing to provide services to the City pursuant to the terms and conditions of this Agreement. The City desires to have services provided by RIVERKEEPER and RIVERKEEPER desires to provide services to the City. Therefore, for mutual consideration, the sufficiency of which is acknowledged by the parties hereto, the parties agree as follows: 1. DESCRIPTION OF SERVICES. a.RIVERKEEPER agrees to undertake, carry out and complete for the City in a satisfactory and competent manner, all of the work and services set forth in the Scope of Services attached hereto as Appendix A and made part of this Agreement. b. RIVERKEEPER agrees to maintain close liaison with the City's project director to ensure a well- integrated project effort and to achieve performance goals during the Agreement. Consultant will meet monthly, unless otherwise agreed with the project manager. 2. KEY PERSONNEL. RIVERKEEPER's project director is RIVERKEEPER's Greenway Director,Jesse Fisher, The City's project director is Dennis Sutton, Environmental Engineer. 3. TERM. This Agreement shall be effective on September 30, 2010 and shall continue through September 30, 2012 unless terminated sooner or extended as hereinafter provided. 29126TIUM190 a... a. In full and complete consideration of Consultant's satisfactory performance under this Agreement, the City agrees to pay RIVERKEEPER an amount not to exceed $89,100., as follows: « $32,400.upon execution of this Agreement 0 $21,800 upon completion of Task 31; ® $16,200 upon completion of Task 34; ® $16,200 upon completion of Task 38; ® $2;5.00 for direct costs and mileage, to be billed as incurred with each other milestone billing. o b. Upon termination of this Agreement, payments under this paragraph shall cease, provided, that RIVERKEEPER shall be entitled to full payment for each Task completed or goal achieved prior to the date of termination and for which RIVERKEEPER has not yet been paid, including a pro -rata share for tasks which have been completed but for which the milestone billing task has not yet been reached. 5. TERMINATION. a. Either party may terminate this Agreement at any time by giving thirty (30) days written notice to the other contracting party. In the case of termination by the City, RIVERKEEPER shall, upon receipt of notice of termination, refrain from incurring any additional costs under this Agreement and shall use the best efforts to cancel any commitments made prior to receipt of such notice. Termination shall not affect any commitments of RIVERKEEPER that have properly become legally binding prior to the effective date of termination. The City shall pay RIVERKEEPER for each Task completed prior to RIVERKEEPER's receipt of notice of termination and for each goal achieved within 30 days of RIVERKEEPER's receipt of notice of termination. Any prepaid but unearned funds shall be returned to the City. b. It is understood and agreed, in the event that the City has evidence that RIVERKEEPER is in default upon any of its obligations hereunder, the City shall be entitled to either suspend the contract until an acceptable remedy is established or to terminate the Agreement. 6. RELATIONSHIP OF PARTIES. It is understood by the parties that RIVERKEEPER is an independent contractor with respect to the'City, and not an employee of the City. The City will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of RIVERKEEPER. 7, INDEMNIFICATION. If either the City or RIVERKEEPER is negligent in carrying out its obligations hereunder, the negligent party agrees to indemnify and hold harmless (he innocent party from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the innocent party which arise from or are related to the negligent party's performance or failure to perform pursuant to this Agreement. 8. ASSIGNMENT.RIVERKEEPER's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the City. 9. LIMIT OF LIABILITY. Notwithstanding any other provisions of this Agreement, RIVERKEEPER's liability to the City for any act, or failure to act, pursuant to or in conjunction with this Agreement, shall not exceed the amount the City pays RIVERKEEPER or is obligated to pay RIVERKEEPER pursuant to this Agreement. 10. MODIFICATION. This Agreement may be modified or amended only if the amendment is made in writing and is signed by both parties. 11. GENERAL OBLIGATIONS. In performance of the work authorized under this Agreement, RIVERKEEPER agrees to comply with all applicable laws and regulations, particularly those associated with solicitation of charitable contributions pursuant to New York not-for-profit corporations` law. 12. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. . 13. GOVERNING LAW. Regardless of the place of physical execution or performance this Agreement shall be construed according to the laws of the State of New York and shall be deemed to have been executed in the State of New York. 14. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Company: Buffalo Niagara Riverkeeper Contact: c/o Jessie Fisher Address: 1250 Niagara Street Buffalo, New York 14213 FED EIN Tax ID: 22- 2993054 Client: The City of Buffalo Contact: c/o Dennis Sutton Address: Tax ID /EIN /SS #: Either party may change such address from time to time by providing written notice to the other in the manner set forth above. 16. WARRANTY OF ORIGINALITY. RIVERKEEPER warrants that all material produced by RIVERKEEPER and delivered to the City hereunder shall be original, except for such portion as is included with permission of the copyright owners thereof, that it shall contain no libellous or unlawful statements of materials and will not infringe upon any copyright, trademark, patent, statutory or other proprietary rights of others and that it will hold harmless the City form any costs, expenses, damages resulting from any breach of this warranty. 17. REIMBURSMENT OF COSTS. The City shall reimburse RIVERKEEPER for any and all reasonable expenses where appropriate in connection with RIVERKEEPEws completion of the scope of services as detailed in Appendix A. To the maximum extent possible, RIVERKEEPER shall utilize City facilities and supplies where appropriate to minimize costs. RIVERK.EEPER will obtain prior authorization for all expenses and provide the City with a tentative budget. Expenses are not to exceed $500. 1 S. SEVERABILITY. If any provision of this Agreement skull be held to be invalid or unenforceable for any reason, .the remaining provisions shall continue to be valid and enforceable..If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, that such provision shall be deemed to be written, construed, and enforced as so limited. 19. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are not other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. By: an Gregory Stevens Board Chairman Date Buffalo Niagara Riverkeeper APPENDIX A Scope of Services In accordance with the terms of this contract Agreement, the City of Buffalo retains the services of RIVERKEEPER to execute Tasks 1,2,3,8, and 21-40 of Buffalo River Greenway, Phase 1, Appendix. D - Program Work Plan Section 5 for a total cost of $$$9,100. AGREEMENT AMENDMENT WITH INDEMNITY THIS AGREEMENT AMENDMENT WITH INDEMNITY AND INSURANCE RIDER is attached to that certain Consulting Agreement (the "Agreement ") dated effective as of September 30, 2010 from Buffalo Niagara Riverkeeper, (the "Corporation ") to The City of Buffalo (the "City ") 1. Paragraphs numbered 7 and 9 of the Agreement are hereby replaced with the following provisions: 2. "The Corporation hereby indemnifies the City and agrees to defend and hold the City harmless from and against all liability arising out of the services provided to the City by the Corporation. Said services are described in the Agreement to which this Rider is attached. 3. In furtherance of the Corporation's indemnification of the City, the Corporation agrees at all times during the term of the Agreement to keep and pay for general /public liability insurance (with limits of at least $1,000,000 per occurrence /$2000,000 aggregate) to protect the Corporation and the City against loss by reason of bodily injury, death or property damage caused directly or indirectly by activities of the Corporation or in any way related to or arising out of the services described in the Agreement and or the Corporation's operations related to the services. The City shall be named as additional insured on such policy or on certificates of insurance evidencing such policy as well as on any other excess /umbrella liability obtained by the Corporation. Further, the Corporation shall keep and maintain and place and pay for automobile insurance coverage having limits of at least $1,000,000 per occurrence (covering all vehicles in use) with the City also being named as additional insured. The Corporation shall also provide the City with proof of Workers Compensation insurance on a New York form. Each such class of insurance described above must be provided by insurance companies which are reasonably acceptable to the City and any certificates or other proofs of insurance required hereunder must be in form and substance reasonably acceptable to the City. 4. City shall not be obligated to engage the services of the Corporation for any administration of services between City and any contractor or for any services beyond those services which are specifically provided for in the Agreement as hereby modified. Further, City shall have the unilateral right to at any time cancel and terminate the Agreement and the services of the Corporation for any or no cause in which such event the. City shall have no further obligation to the Corporation other than for payment of services through the date of termination." IN WITNESS WHEREOF City and the Corporation 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 the Corporation in this matter. APPROVED AS TO FORM ONLY DAVID RODRIQUEZ Acting Corporation Counsel JOHN V. HEFFRON Assistant Corporation Counsel THE CITY OF BUFFALO THROUGH ITS OFFICE OF STRATEGIC PLANNING By: Brendan Mehaffy Executive Director Date: BUFFALO NIAGARA. RIVERKEEPER, INC. I. Gregory Stevens Board Chairman Date: Mr. Fontana moved: That the Communication dated July 13, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that: 1. The Executive Director and Office of Strategic Planning are given the specific authority to enter into the attached Agreements and fund up to $301,000 and $89,100 respectively from the Office of Strategic Planning to the Valley Community Association and Buffalo Niagara Riverkeeper pursuant to the terms and provisions of the Agreements attached thereto, and 2. That the Office of Strategic Planning or other appropriate City staff are authorized to take all such steps and actions and to execute and /or process such additional documentation anal /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the Agreement, and 3. That the Acting Corporation Counsel and other appropriate City staff are directed to negotiate to finalization. said Agreements and other necessary documentation and agreements wherever necessary for execution and actual implementation. - Passed- M 4c -7 -26a :�. _s _, o PRED GEN RIVERA 00005 #1 (Rev. 1/93) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 18, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 234 Albany, 100' E Herkimer Lot Size: 43'x 122' Assessed Valuation: $5,500.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Catholic of Buffalo New York, Mr. Dennis Walczyk, 741 Delaware Avenue, Buffalo, New York 14209 to purchase 234 Albany. Catholic Charities of Buffalo New York owns two buildings, namely 220 and 228 Albany, which are adjacent to 234 Albany. They intend to use 234 Albany for parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Eighty Cents ($.80) to One Dollar ($1.00), per square foot. Catholic Charities of Buffalo New York has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500.00), Ninety Five Cents ($.95) per square foot for the subject property. 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 234 Albany to Catholic Charities of Buffalo New York in the amount of Five Thousand Five Hundred Dollars ($5,500.00). 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. DEPARTMENT HEAD NAME: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: fir, i JPH:ck Repsale234albany REFERRED To THE COMMITTEE ON MU DEVELOPMENT. 00 #1 (Rev. 1193) One Page Communication to the Common Council ` TO: THE COMMON COUNCIL DATE: July 13, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report: of Sale 330 Connecticut, 31.36 NE Plymouth Lot Size: 27'x 99' Assessed Valuation: $2,700.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Nancy Gabriel, 605 Auburn Avenue, Buffalo, New York 14222 to purchase 330 Connecticut. Ms. Gabriel owns a downtown row type building at 332 Connecticut, which is adjacent to 330 Connecticut. She intends to use 330 Connecticut as 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 One Dollar ($1.00) to One Dollar and Seventy Cents ($1.70), per square foot. Ms. Gabriel has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), 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 330 Connecticut to Ms. Nancy Gabriel in the amount of Two Thousand. Seven Hundred Dollars ($2,700.00). 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: JOHN P. HANNON, JR. TITLE: DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC P1ANNING SIGNATURE OF DEPARTMENT HEAD: JPH:ck Repsale330con necticut ON REFERRED TOTHE COMMITTEE _ COMMUNITY DEVELOPMENT, City Clerk's. Department BUFFALO July 29, 2011 HON. BYRON W. GROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 7 PASSED July 26, 2011 Strat Plan -Report of Sale 271, 283 Walden and 133 Ruhland (Fill) Gerald A Chwalinski City Clerk 1 s 00007 #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 18, 2011 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 271 Walden, E Corner Ruhland Lot Size: 37'x 102' Assessed Valuation: $1,700.00 283 Walden, 73'E Ruhland Lot Size: 36'x 100' Assessed Valuation: $1,500.00. 133 Ruhland, 102.32'S Walden Lot Size: 30' 109' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Shirley A. Davis, 285 Walden Avenue, Buffalo, New York 14211 to purchase 271 and 283 Walden and 133 Ruhland. Ms. Davis owns and resides at 285 Walden, which is adjacent to the subject properties. She intends to use 271 and 283 Walden and 133 Ruhland for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. Ms. Davis has agreed and is prepared to pay Six Thousand Four Hundred Dollars ($6,400.00), Sixty Cents ($.60) per square foot for the subject properties. 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 271 and 283 Walden and 133 Ruhland to Ms. Shirley Davis in the amount of Six Thousand Four Hundred Dollars ($8,400.00). 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 Reportsalemorethanl lotwaldenlre JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE F STRATEGIC PLANNING Mr. Fontana moved: That the Communication dated July 18, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that: The offer to purchase 271 and 283 Walden, as well as, 133 Ruhland, received from Ms. Shirley Davis, residing at 285 Walden. Avenue, Buffalo, New York, 14222, in the amount of Six Thousand Four Hundred Dollars ($6,400.00) is hereby approved, provided that the purchaser pay the cost of transfer tax and recording fees. The Office of Strategic Planning is further authorized to prepare and execute the necessary documents for the transfer of title and the Mayor is authorized to execute the same - Passed- M 7c -7 -26a * AYE * NO * )FONTANA FRANCZYK GOLOWEK KEARNS LOCURTO PRIDGEN PJVERA RUSSELL Smrm maj , 5 2/3- 6 314 - 7 City.Clerk's Depa rtment BUFFALO July 29, 2011 HON. BRRON W. BROWN MAYOR OF BUFFALO i 1� Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. I `�:I PASSED July 26, 2011 Shat Plan - Rescind Sale & Forfeit Deposit - Northerly Portion of 260 Herman(Fill) Gerald A Chwalinski City Clerk AUG - 8 2011 X00 1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: July 18, 2010 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit Northerly Portion of 260 Herman Mr. and Holmes (Fillmore District) PRIOR COUNCIL REFERENCE:. Item #14, C.C.P. 4/27110 In the above referenced item Your Honorable Body approved the sale of 260 Herman, more specifically; the northern portion to Mr. Benjamin Holmes and Mrs. Gertrude Holmes of 262 Herman Street, Buffalo, New York 14211. Several notices have been mailed to Mr. and Mrs. Holmes to finalize the sale and close on the transfer of title. Final notice was sent on June 8, 2011 advising Mr. and Mrs. Holmes that failure to respond would result in the rescinding of the sale, forfeiture of the Fifty Five Dollar.($55.00) deposit and return of the property to our inventory for future sale. Mr. and Mrs. Holmes have not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of the northern portion of 260 Herman to Mr. and Mrs. Holmes, the deposit forfeited and the property be returned to our inventory for future sale. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: JPH:ck Rescind€ orfeitdepnorthernportion26 0hermanffomis JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATEN & FINANCE OFFICE OF TRA GIC ID1,1NNING .1 Mr. Fontana moved: That the Communication dated July 18, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that: The offer to purchase the northern portion of 260 Herman, received from Mr. Benjamin Holmes and Mrs. Gertrude Holmes, residing at 262 Herman Street, Buffalo, New York, 14211, is hereby rescinded and the Fifty -Five Dollar ($55.00) deposit deemed forfeited and the property is to remain on the City inventory for future sale. -Passed- "-I 7c-7-26a L�l D City Clerk's Department BUFFALO July 29, 2011 ..... ..... 0 R 4 ► Z 2 I M Y-M 4101 M apill a 7. M flm� FRIMARIM son, Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 9 PASSED July 26, 2011 Strat Plan-Walden Park Senior Housing PILOT Gerald A Chwalinski City Clerk . . I AUG - 8 2011 I (Rev. 2/01) SINGLE PAGE comMNICATION TC THE COMMON COUNCIL 'TO: THE CONMN COUN 0 0009 DATE. July 26, 2011 FROM: IMPARTMENT: office of Stra��Ic �Plann�ing D_.. -m G ener a l O ff c SUBJECT: [: Walden Park S enior Housing PILOT PRIOR COUNCIL REFERENCE: (IF ANY) [= Ex. item No. C.C.F. Your Honorable Body is hereby requested to approve the attached PILOT agreement betwreen the City of Buffalo, the County of Erie and Walden: Park II Housing Development Fund Corp., and Walden Park Senior Housing II, LLC. This Project is known as Walden Parks Senior Housing project, located at 101 Bakos Boulevard in the City of Buffalo, County of Erie, will maintain 126 existing senior housing units whose income is 60% of the area median income or less. Of the 126 housing units, 114 are 1 bedroom with approximately 516 square feet and 12 two bedroom units with approximately 688 square ,feet.. All of the units are qualified under the LIHTC program. Walden Park Senior Housing II, LLC is currently applying for Bond and Tax Credit financing through the New York State Housing and Finance Agency. A complete renovation of the properties with a focus on energy efficiency and long term sustainab.ility will be completed after the sale. Construction project cost is $11,730,974. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of five percent (5 %) of the total project income as stated in its proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15-year Pilot. F S; S AGREEMENT FOR PAYMEN'T'S IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the _ day of 2011, by and among the CITY OF BUFFALO, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at 65 Niagara Square, 920 City Hall, Buffalo, New York 14202 (the "City "), the COUNTY OF ERIE, a municipal corporation organized and existing under the laws of the State of New York, having its principal office at c/o Erie County Department of Finance, 95 Franklin Street, Buffalo, New York 14202 (the "County "), WALDEN PARK H HOUSING DEVELOPMENT FUND CORP., a not -for- profit corporation organized pursuant to Article XI of the New York State Private Housing Finance Law (the "PHFL "), having its principal office at 1631 Hertel Avenue, Buffalo, New York 14216 (the "Taxpayer "), and WALDEN PARK SENIOR HOUSING II, LLC, a limited liability company organized and existing under the laws of the State of New York, having its principal office at. 1631 Hertel Avenue, Buffalo, New York 14216 (the "Company ") for the making of certain payments in lieu of real property taxes by the Taxpayer (the "PILOT Agreement "). WITNESSETH: WHEREAS, Taxpayer holds nominal record ownership and the Company holds equitable and beneficial ownership of a tract of land situated at 101 Bakos Boulevard, City of Buffalo, County of Erie and State of New York and as further described in Exhibit A , attached hereto and made a part hereof (the "Land "), and Taxpayer and Company are the owners of one hundred twenty -six (126) units of affordable housing located on the Land and known as Walden Park Senior Housing (the "Project "); and WIIEREAS, the development of the Project is of vital public interest to the City and the County; and WHEREAS, the development of the Project is intended to be affordable to low income households, and affordability of the property for residential use by low income persons shall remain consistent throughout the duration of the PILOT Agreement; and WHEREAS, in order to make the Project economically feasible for the Taxpayer and Company, it is necessary to obtain tax relief from the City and the County for the real property taxes on the Land; and WHEREAS, the City and the County wish to grant the Taxpayer and Company such relief as permitted under Section 577 of the PHFL; and NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and .sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: Page No. I Walden Park Senior Housing. /PILOT 1. Tax Exemption The parties agree that Taxpayer and the Project qualify for real property tax exemption (specifically not to include sewer, water, garbage or other similar local assessments) for the Project in accord with the provisions of Article 11 of the PHFL. 2. Obligation of the Tax a er to 1VCake Pa tnez�fs in Lien of Taxes. The City and the County require and the Taxpayer shall make payments in lieu of real property taxes to the appropriate taxing authorities pursuant to the real estate tax policies of the City and the County, subject to the terms of this PILOT Agreement, provided however that such PILOT payments shall not include the Project's sewer and water charges or garbage user fees which amounts shall be paid separately by the Taxpayer. 3. Requirements of Taxpayer a. The development of the Project will be carried out in accord with the provisions of Article I 1 of the New York Private. Housing Finance Law and in compliance with the reasonable requirements of the Planning Board of the City of Buffalo. b. The PILOT Agreement period is to commence on the Commencement Date, as hereinafter defined, and be concurrent with the Project's use as affordable housing and for so long as a municipality aided, state aided and/or federally aided mortgage is outstanding on the Project, but shall not exceed fifteen (15) years. C. The Taxpayer shall provide the City and the County such information concerning its operations and the operations of the Project in form and substance as may from time to time be reasonably requested. Such information shall include but shall not be limited to the annual financial statements of the Taxpayer from the calendar year immediately preceding the fiscal year in which payments are due. d. The Taxpayer shall permit the Comptroller of the City and County to audit its books and records within fourteen (14) days after receiving a written request from the City or County. e, Transfer of legal title to the land and improvements comprising the Project will not be allowed during the term of this PILOT Agreement without the prior written consent of the City and the County which consent will not be unreasonably withheld. f The Taxpayer shall utilize City services for the Project at rates comparable for similar properties. 4. Taxing Authorities and Amounts a. Upon commencement of the City's next taxable status date following substantial completion of the Project described herein as evidenced by receipt of a Certificate of Occupancy (the "Commencement Date "), the Taxpayer shall make annual payments in lieu of local and municipal real estate taxes, including school taxes but not including assessments for local improvements and special assessments on the land and buildings constituting the Project as follows: Page No, 2 Walden Park Senior Housing, /PILOT . i) the Taxpayer will mare a fixed annual PILOT payment for a term of fifteen (15) years following the Commencement Date in the amounts as stated in Schedule A attached hereto and made a part hereof, in satisfaction of all property taxes; ii) Twenty -five percent (25 %) of the total PILOT payment made each fiscal year will be due to the County, and forwarded directly thereto, iii) the remaining portion of the PILOT payment shall be allocated and /or distributed as the City of Buffalo sees fit between the various entities currently assessing taxes against the Project, except the 'Taxpayer will be responsible for paying all special district assessments and other assessments for local improvements permitted by law; iv) at the expiration of the fifteen (15) year period, this PILOT Agreement will cease to have any effect on the taxes due with respect to the property and the property will be taxed in accordance with applicable law. b. Each of the foregoing payments shall be made on or before the date that the particular tax payment would have been due to the City or the County. C. The accountant for the Taxpayer shall prepare all documents and forms required under this PILOT Agreement, 5. Defaults in Payment in Lieu of Taxes. In the event the Taxpayer fails to mare any payment in lieu of real property taxes when due, the amount or amounts not so paid shall be a lien on the Project in the same manner that delinquent real property taxes would be and continue as an obligation to the Taxpayer until fully paid. In addition, the Taxpayer shall pay the appropriate taxing authority's or authorities' interest and penalties on the unpaid amount or amounts accruing at the same times and at the interest rates as if such amounts were delinquent real property taxes. In addition to any other remedies available to them for the collection of delinquent real property taxes, including, without limitation., in rem proceedings, the City and County may exercise any other remedies available, and such remedies shall be cumulative and the exercise of any remedy shall not be an action of remedies under law. b. Effect of Fulfillment of the Requirement. Once having paid the amounts required by this PILOT Agreement when due, the Taxpayer shall not be required to pay any real property taxes for which such payments in lieu of taxes have been made, except special district assessments and other special assessments permitted by law. 7. Events of Default and Termination of Tax Exem tion. a. An event of default ( "Event of Default ") shall be defined as (1) failure of the Taxpayer to make any payment required under the PILOT Agreement when due, (2) the Taxpayer's failure to provide any notice as required by this PILOT Agreement to the City or the County, (3) Taxpayer failure to ,qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the PHFL, (4) failure of Taxpayer to provide any of the information required by Section 3(c) or 3(d) of this PILOT Agreement, or (5) the transfer of title or beneficial ownership of any portion of the Project or the Land. Page No. 3 Walden Park Senior Housing. /PILOT b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have twenty (20) days after the receipt of notice from the City or County regarding such default to cure such default. C. In the event the Taxpayer has not cured such default or defaults within the time period set forth in this PILOT Agreement, then the exemption from real property taxes described herein shall be deemed to have been terminated as of the taxable status date of the City's immediately preceding fiscal year. d.. Upon a termination of the exemption from real property taxes set forth in Section 7(c) above, the Taxpayer shall be liable for real property taxes on a pro -rata basis from and after the City's taxable status date immediately preceding the Event of Default and the statutory lien applicable to such real property taxes shall be deemed in effect as of the lien date normally applicable to such year's real property taxes, unless a separate basis for a real property tax exemption then exists for the benefit of Taxpayer. e.. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for any unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. S. Waiver No failure on the part of the City or County to exercise, and no delay on the part of the City or County in exercising, any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by the City or County preclude any other or further exercise thereof or the exercise of any other right, power or remedy. 9. Modification. Neither this Agreement nor any provision hereof may be amended, modified, waived, discharged or terminated, except by an instrument in writing duly executed and agreed to by the parties hereto. 10. Count This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument Page No. 4 Walden Park Senior Housing. /PILOT EXHIBIT A N Schedule 1'_ :4 Year JL i ?!i H3 ent tl✓H `Vom! 1 $21,618 $16,214 $5,404 2 22,266 5,566 3 22,934 ___ 16 2 700 1`7,201 5,733 4 23,622 17,717 5,905 5 24,331 18,248 6,083 6 25,061 18796 6,265 7 25,813 19,360 6,453 8 26,587 19,940 6,647 9 27,385 20,539 6,846 10 28,207 21,155 7,452 11 29,053 21,790 7,263 12 29,925 22,444 1,481 13 30,823 23,117 7 14 31,748 23,811 7,937 15 24,525 8,175 8,175 Mr. Fontana moved: That. the Communication dated July 26, 2011 from the Executive Director of the Office of Strategic Planning be received and filed and that: The attached PILOT Agreement between the City of Buffalo, the County of Erie, Walden Park 11 Housing Development Fund Corp. and Walden Park Senior .Housing 11, LLC is hereby approved under the terms and conditions contained therein for the property located at 101 Bakos Boulevard in the City of Buffalo. Lander the terms of the agreement, payments equal to 5% of the total project income as stated in its proposed budget shall be made, assuming a 5% vacancy, but are to increase by three percent per year for the duration of the 15-year PILOT. - Passed-E , 8Ac-7 -26a i *AYE *NO* Maj�5 2/3- d 3/4- 7 �l PROM THE COMPTROLLER July 26, 2011 00 0 10 TO: THE COMMON COUNCIL FROM: THE DEPARTMENT OF AUDIT & CONTROL DATE: July 21, 2011 SUBJECT: Annual Audit Plan — Fiscal Year 2011 -2012 Pursuant to the requirements of Section 7 -5 of the Charter of the City of Buffalo, I hereby submit the Annual Audit Plan for the fiscal year 2011-2012. Electronic Accessories (cellphones, Blackberrys, laptops): This review and inventory of City -owned equipment should provide an overview of who has what and lead to the development of policies to prevent abuse. Division of Compensation and Benefits -- injured -on -duty (JIGD) medical billing: The City has outsourced fee scheduling on medical invoices for IOD employees and there are some concerns over the accuracy of the billings. Department of Parking — auto impound auction: Following revelations of theft in connection with the auctioning of impounded City vehicles, we will take a look at the corrective measures that have been instituted. Division of the Treasury: This will be a follow -up to last year's audit of the Division's operations. Buffalo Civic Auto Ramps — financial audit: This audit will examine revenue brought in from the various City - owned ramps as managed by BOAR. Kleinans Music Fall — financial audit: Like BCAR, this audit will examine the City's share of revenue from the operation of the City -owned property. Management Information Systems Department - inventory control policy: As thousands of dollars are spent on new equipment each year, it is reasonable to inspect what goes where and how the replacement schedule is determined. Common Council - expenditures by contract: Council spending to support nonprofit community organizations has been largely unmonitored and has led to a de facto grants -in -aid funding program. This review will check for compliance with the City Code and the propriety of these expenditures. Division of Water — revenue: This should be a routine audit of Violia's revenue tracking and internal controls. Office of Licenses — cash management: Operating separately from Treasury, we will inspect the checks and balances of the City's daily cash intake system within the Licenses Office. Grant Management -- Various City departments receive and administer grants from the state and federal governments, and we will take a look at how they are monitored.and identify best practices. In addition, the Division of Audit will stand ready to, conduct timely investigations that may arise in the course of the year as warranted. It is our goal to route out inefficiencies in City departments and agencies and address gross improper practices as they arise. As always, if you have any questions, please feel free to contact this office. C - 0 Certificate of Necessity Increased Appropriation Fund Balance Capital O utlay We, Byron W. Brow, Mayor and Darby Fishkin, Deputy Comptroller, do hereby certify, pursuant to §20.11 of the Charter, that an increase in the sure: of $1,800,000 in the estimates for the fiscal year beginning July 1, 2011 is necessary in Public. Works, Parks & Streets Capital Projects to meet a contingency which could have not been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from the Reserved Fund Balance Capital Outlay, not otherwise appropriated for any other purpose. The details of the requirements are set forth below & that the Comptroller is hereby authorized and directed to transfer $1,800,000 from the Reserved Fund Balance — Capital Outlay to meet this increased appropriation as detailed below: FROM: 10700096- 397200 — Reserved Fund Balance - Capital Outlay $1,800,000 To: 17523008- 489130 — Transfer out to Capital Projects $1,800,000 FROM: 30140090 - 391010 -- Transfer from General Fund $1,800,000 To: Capital Projects 34323006 - 445100 --- City Court-Prisoner Lockup $1,800,000 Dated: Buffalo, NY, July 22, 2011 Mayor , Comptroller z _ ]f� �v FROM THE PRESIDENT OF THE COUNCIL July 26, 2011 FILLMORE DISTRICT COUNCIL MEMBER July 21, 2011 The Honorable Members of the Common Council c/o 1301 City Hall Buffalo, NY 14202 65 NIAGARA SQUARE 1315 CITY HALL BUFFALO, NY 14202 -3318 (716) 851 -4138 FAX: (716) 851 -4869 E -mail. dfranczykOeity- buffalo,com City of Buffalo Website: www_city- buffalo.com SUBJECT: RE: COMMON COUNCIL. APPOINTMENTS TO THE CITIZENS PLANNING COUNCIL The City of Buffalo, NY Charter, Article 18, sections 1823 through 18 -29, empowers the Common Council to appoint five (5) representatives to the board more commonly known as the Citizens Planning Council (CPC); And, currently there is a vacancy in the position of Representative of the Common Council on the CPC, Therefore, I hereby tender to this Honorable Body, my recommendation for the appointment of the following individual to the Citizens Planning Council: Banko, Steven T., III 135 Harding Road Buffalo, NY 14220 Further, the above named individual is fully qualified to serve as the Common Council representative on the CPC; I therefore recommend to this Honorable Body that by adoption of this communication, that the above named individual be appointed as the Common Council Representative to the CPC for the period July 26, 2011 through December 31, 2011. D9VID A. FRANCZYK ADOPTED President of the Common Council and Fillmore District Common Council Men \D FROM THE COMMISSIONER OF PUBLIC WORKS, PARTS AND STREETS July 26, 2011 City Clerk's Department BUFFALO July 29, 2011 I I& O NEE )._s .. _ Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 13 PASSED July 26, 201.1. Bus Shelter Within City ROW Gerald A Chwalinski City Clerk AUG - 8 '2011 ji 0 1 1 13 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 20, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Bus Shelter [: Within City Right-of-Way PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item N). xxx C.C.P. xx/xx/xx Mr. Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter within City right-of-way. The proposed location is: Elmwood @ W. Utica, south side W. Utica, west of Elmwood The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -57 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within City right -of -way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. SJS:PJM:MGM:kem TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Mr. Fontana moved: That the Communication dated July 20, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner of Public Works, Parks and Streets is hereby authorized to issue a "Mere License" for the installation of a bus shelter within the City Right -of -Way located at the intersection of Elmwood and W. Utica on the South side of West Utica and on the West side of Elmwood, provided that the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within the City Right -of -Way. 4, That the applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) Construction In Street Bond or Certificate of Insurance, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, .maintenance, use and removal of said bus shelters. - Passed- -11- 11c -7 -26a SARTH Mai -5 213- 6 3/4- 7 City Clerk's Department BUFFALO HON. BYRON W. BROWN MAYOR OF BUFFALO July 29, 2011 . Pursuant to the provisions of Section 3 -19 of the Charter, [ present herewith the attached resolution item. No. 14 PASSED July 26, 2011 Canal Bridge Maint Agreement Between COB and BUDC Gerald A Chwalinski City Clerk APPROVED °: I AUG - 82011 I Er �3 3 0001 � COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: July 20, 2011 FROM: DEPARTMENT Public Works, Parks & Streets DIVISION: Engineering SUBJECT: Canal Bridge Maintenance Agreement between City of Buffalo and Buffalo Urban Development Corporation (BUDC) 19 NC# 1111 -02-11=[41"Kam BUDC has redeveloped the former Hanna Furnace site and adjoining former industrial sites in and around the Union Ship Canal over the last 10 years. The project is known as Buffalo Lakeside Commerce Park and now contains a number of large private sector business enterprises as well as several large vacant but "shovel ready" development sites from reclaimed former industrial uses. The 22 acres surrounding the former Union Ship Canal have been dedicated as "City parkland" and BUDC is running the construction of the pedestrian bridge that spans the canal at this time. BUDC is organizing a landowners association comprised of landowners in Buffalo Lakeside Commerce Park to help maintain the new pedestrian bridge. The landowners association would be assessed charges for use in bridge maintenance. The Canal Bridge Maintenance Agreement is designed, in part, to facilitate the landowner's association's participation in park maintenance. In order to facilitate the Canal Bridge Maintenance Agreement, this Department is requesting that Your Honorable Body approve the attached agreement (or an agreement substantially similar to the attached agreement as approved /negotiated to finalization by the Acting Corporation Counsel) and direct the Commissioner of Public Works, Parks & Streets to execute the agreement on behalf of the City and further that your Honorable Body authorize the Commissioner of the Department of Public Works, Parks and Streets to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested Canal Bridge Maintenance Agreement. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: 54654 (6.I THIS CANAL BRIDGE MAINTENANCE AGREEMENT ( "Agreement "), entered into as of the day of , 2011 (the "Effective Date "), is by and between BUFFALO URBAN DEVELOPMENT CORPORATION, a New York local development corporation with offices located at 143 Genesee Street, ,Buffalo, New York 14203 ( "BUDC "), and the CITY OF BUFFALO, a municipal corporation of the State of New York with offices at City Hall, Niagara Square, Buffalo, New York 14202 (the "City "). RECITALS A. BUDC is the principal Iocal development corporation undertaking the redevelopment, marketing and sale of properties at Buffalo Lakeside Commerce Park, located in the City of Buffalo, New York, near Union Ship Canal. B. The City of Buffalo is the reputed owner of Union Ship Canal, and also owns certain real property surrounding Union Ship Canal which is referred to as "Parcel 3" and consists of approximately twenty -two (22) acres, as more particularly described on Schedule A , attached hereto and made a part hereof. C. The City, the County and BUDC have undertaken a project for the redevelopment of Union Ship Canal and Parcel 3 into public open space with park -like amenities (the "Ship Canal Park "), for the use and benefit of the general public and the employees of businesses located in Buffalo Lakeside Commerce Park (the "Ship Canal Park Project "). In connection therewith, the City and the County have secured funding through the NYSDEC Environmental Restoration Program and the New York State Transportation Enhancements Program, and the County committed certain of its own bond funding to be used for the final design and construction of the Ship Canal Park Project. D. One of the amenities of Ship Canal Park is a pedestrian bridge to be owned by the City which will be constructed across Union Ship Canal as shown on the drawing attached as Schedule B to this Agreement (the "Canal Bridge "). E. The City and BUDC desire to enter into this Agreement to set forth the parties' respective obligations with respect to the operation, maintenance and repair of the Canal Bridge. NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Recitals The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof as if fully set forth herein. 2. Definitions As used in this Agreement, all terms with initial capital letters shall have the meanings set forth below: "Agreement" shall mean this Canal Bridge Maintenance Agreement dated as of , 2011, between .BUDC and the City, and all amendments, modifications and supplements hereto. ` °Bridge Maintenance Contract" shall have the meaning set forth in Section 3(b) of this Agreement. "Bridge Maintenance Contractor" shall mean, individually or collectively, as the context may require, the company or companies engaged by BUDC to perform Canal Bridge Maintenance, "Canal Bridge Maintenance" shall mean those bridge maintenance tasks to be performed by, or caused to be performed by BUDC, as provided under Section 3 of this Agreement. "Canal Bridge Repairs" shall mean, these bridge repair tasks to be performed by, or caused to be performed by the City, as provided under Section 4 of this Agreement, "City" shall mean the City of Buffalo, New York, a municipal corporation of the State of New York. "County" shall mean the County of Erie, New York, a municipal corporation of the State of New York, "Effective Date" shall have the meaning set forth in the preamble to this Agreement. "Governmental Authority" shall mean the United States, the State of New York, any political subdivisions of the United States or the State of New York, and any agency, department, commission, board, bureau or instrumentality of any of them, now existing or hereafter created. Conservation, "°NYSDEC" shall mean the New Fork State Department of Environmental "Requirements" shall mean any and all present and fixture laws, rules, orders, ordinances, regulations, statutes, requirements and executive orders of any Governmental Authority, with respect to the performance of Canal Bridge Maintenance. Agreement. "Ship Canal Park" shall have the meaning set forth in the Recitals to this 2 "Ship Canal parr Project" shall have the meaning set forth in the Recitals to this Agreement, "State" shall mean the State of New York. "Term" shall have the meaning set forth in Section $(a) of this Agreement. 3. Canal Brid Mainteirarrce Daring the Term, of this Agreement, BUDC agrees to arrange for the performance of Canal Bridge Maintenance as follows: (a) 13UDC shall engage one or more Bridge Maintenance Contractors to provide bridge inspection service and the following maintenance services: cleaning; graffiti removal; painting (if necessary); and replacement of lamps and lighting fixtures located on the Canal Bridge. (b) The services to be provided by the Bridge Maintenance Contractor shall be set forth in a Bridge Maintenance Contract between BUDC and the Bridge Maintenance Contractor. BUDC will include provisions in the Bridge Maintenance Contract with the Bridge Maintenance Contractor that all work must be completed in accordance with all Requirements, including, but not limited to, all applicable City laws, rules and regulations, The Bridge Maintenance Contract shall require the Bridge Maintenance Contractor and its subcontractors (if any) to maintain liability insurance required by the City as described on Schedule C attached hereto and made a pant hereof, as such insurance requirements may be modified by the City from time to time. Such insurance shall name the City anal BUDC as additional insureds and shall be primary and non - contributory. The Bridge Maintenance Contractor shall provide insurance certificates to the City and BUDC prior to commencing any work under the Bridge Maintenance Contract. The Bridge Maintenance Contract shall also require the Bridge Maintenance Contractor to defend, indemnify and hold harmless the City, BUDC, and their respective directors, members, officers, employees, agents and representatives (the "Indemnified Parties ") from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of every mature and description brought or recovered against any of the Indemnified Parties by reason of any acts or omissions of the Bridge Maintenance Contractor, its agents; employees or subcontractors in connection with the performance of and/or compliance with the terms and conditions of the Bridge Maintenance Contract. The City of Buffalo Department of Public Works shall, if requested by the City, be afforded an opportunity to be a signatory on the Bridge Maintenance Contract and on subcontract(s), if any, for the limited purpose of accepting indemnification under the Bridge Maintenance Contract and from subcontractor(s) as well as for accepting the insurance coverage being provided to the City under the Bridge Maintenance Contract and by subcontractor(s). 4. Canal. Brid e Re airs. During the Terra of this Agreement, the City (subject to the provisions contained in Paragraph numbered 12 of this Agreement) agrees to perform, or arrange for the performance of, the following Canal Bridge Repairs: (i) the repair and replacement of the Canal Bridge; and 3 party may terminate this Agreement for failure to remedy a material breach of this Agreement within thirty (30) days after receipt of written notice of such breach. 9. Independent Contractor BUDC shall perform the services hereunder as an independent contractor and neither the BUDC nor any of its respective employees, agents or representatives shall be or hold themselves out to be employees of the City. The City and BUDC and their respective employees are not and shall not be considered as joint venturers, employees, partners or agents of one other and BUDC shall not have the power to bind or obligate the City. 10, Exculpation, All covenants, stipulations, promises, agreements and obligations of BUDC contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of BUDC and not of any member, director, officer, employee or agent of BUDC in his or her individual capacity, and no recourse shall be had for any claim hereunder against any member, director, officer, employee or agent of BUDC. 11. Force Maieure BUDC may cancel or extend its obligations hereunder in by reason of force majeure which renders BUDC unable wholly or in part to carry out its obligations under this Agreement. The term "force majeure," as used herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United Mates or the State or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraining of government and people, civil disturbances, explosions, partial or entire failure of utilities, shortages of labor, materials, supplies or transportation, or any other similar or different cause not reasonably within BUDC's control. 12. Limitations and Conditions on Ci 's Obligations Under This A eement. Notwithstanding anything contained in this Agreement which could be consftued to the contrary (including but not limited to the contents of all Schedules), it is expressly understood and agreed that: (a) The purpose and objective of this Agreement is not to obligate the City to BUDC and /or to the Association, but rather to set forth the manner in which BUDC and/or the Association can assist the City in and around Ship Canal Park; (b) There are no obligations on the part of the City being created under this Agreement in favor of either BUDC and or the Association beyond any obligation or obligations the City has or would have to any City resident or City taxpayer regarding any City park; (c) Any and all obligations of the City to undertake and /or to pay for Canal Bridge Repairs under this Agreement shall be and are hereby expressly conditioned upon: 5 (i) The availability of funds to pay for the Canal Bridge Repairs, (ii) An actual budgetary appropriation of funds by the City for the Canal Bridge Repairs; and (iii) Common Council and related approvals when necessary for such Canal Bridge Repairs and related expenditures being obtained in each and every case. (d) Nothing contained in this Agreement shall be deemed to release the County of Erie from any obligation or obligations undertaken by the County of Erie in connection with the funding obtained in connection with the Ship Canal Park Project from either or both the NYSDEC Environmental Restoration Program and /or the New York State Transportation Enhancements Program. (e) City retains all ultimate decision making and managerial functions with respect to the Ship Canal Park and accordingly nothing contained in this Agreement shall constitute an unlawful alienation of parldands. (f) City retains the right to unilaterally terminate this Agreement with or without cause at any time upon 30 days prior written notice to BUDC, Written notice to BUDC shall constitute notice to the Association as well. (g) City personnel from City DPW shall have the right to participate in the decision making leading up to the actual awarding of contracts to be let by BUDC and or the Association during implementation/operations of all aspects of this Agreement. The City retains the right to unilaterally veto the award of any such contract. 13. Miscellaneous (a) The provisions of this Agreement shall be severable, and if any clause, sentence, paragraph, provision or other part hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. (b) This Agreement shall be governed by and interpreted, construed and enforced in accordance with, the laws of the State of New York, Venue for any and all litigation arising under this Agreement shall be in a court seated in Erie County, New York. (e) No waiver by any party of any breach, default or violation of any term, warranty, representation, agreement, covenant, condition or provision hereof shall constitute a waiver of any subsequent breach, default or violation of the same or any other term, warranty, representation, agreement, covenant, condition or provision hereof, (d) The provisions of this Agreement shall bind and benefit the successors and assigns of the parties hereto. (e) This Agreement may be executed in counterparts, each of which shall be 6 deemed an original, but all of which together shall constitute one and the same instrument, (f) All notices that may be given in connection with this Agreement shall be in writing and shall be delivered personally or mailed postage prepaid, by regular snail, to the parties at their addresses as set Forth above, or to such other address as either party may hereafter designate by notice to the other party. Notices shall be effective from the date of delivery if delivered personally, or from one (1) business day after the day of deposit with the U.S. mail, if mailed. (g) The captions herein are for convenience only and are not to be construed as a part of this Agreement, nor shall the same be construed as defining or limiting in any way the scope or intent of the provisions hereof, (h) Each party hereto acknowledges its full understanding of this Agreement, that there are no verbal promises, undeztakings or agreements in connection herewith and that this Agreement can be modified only by a written agreement signed by the parties hereto. (i) This Agreement may be amended only by written instrument, duly authorized and executed by the parties hereto. [The Remainder of This Page Left Intentionally Blank] 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year above first written, CITY OF BUFFALO By: BYRON W. BROWN Mayor BUFFALO URBAN DEVELOP ENT CORPORATION By - , Z1 P ' � � , #_e � �° TA TRVt U STATE OF NEW YORK )� SS.. Cot�brulran Counsel f} COUNTY OF ERIE i s 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 one or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public STATE OF NEW YORK ) ) SS.. COUNTY OF ERIE ) On the 6 clay of in the year 2011, before me, the undersigned, a Notary Public in and for said state, personally appeared :!LK �_ Cyr: K,,a� * personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public DAWN M. BOUDREAU NARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ERIE COUNTY My Commisslon liras May 27, to r. a SCHEDULE LEGAL DESCRIPTION See Attached, Union Ship Canal (Logal Description) All that pied or parcel of property, situate In Lot No. 18 in the Ogden Gore 'Tract, Township No. ;10, Range Net, 8, City of Buffalo, County of Erie, State of-New York bounded and desctibed as follows; Beginning at a point on the easterly boundary of exlsting Commerce Street as delineated on Parcel NO. 360 Of Map No. 327 and acquired by The People of `lilt ,state of New York for the Former construction of Fuhrmann Boulevard d Homburg 'Turnpike by t€trer 10082 of Deeds at. Paget 121, at Its Intersection whit the southerly boundary of the existing Union Ship Canal; theme easterly at an Interior angle of 93 55` 00" and along the southerly boundary of the.said canal a distance of 1,904.57 feet to a point on the easterly boundary of the said canal; thence northerly at an exterior angle of 90 00' 00" and along the easterly boundary of the said canal a distance of 20D,00 feet to a point on the northerly boundary of the said canal; thence westerly at an exterior angle ref 90' 00' 00" and along the northerly boundary of the Bald canal a d 5tance of 1,902.61 feet to 0 paint an rifle easterly buuridary of the existing FUhrmann Boulevard Extension as deineated on Parcel No. 361 of Map No. 327 and acquired by `The People of The State of New York by said Liber 10082 of Duds at Page 121; thecae northerly at an interior angle of 94° 51' 24" and along the easterly boundary of the said Pane€ Net. 361 of Map No. 327 being the masterly boundary of said existing Fuhrmann Boulevard pension a distance of 200.02 feet to a point; thence easterly at are interior angle of 89" 08' 3v and parallel with the northerly boundary of the sold canal a distance of 1,923.74 feet to a point on thu 50uthwesterly line of land .conveyed to Sherland Incurgomted by tlber 10022 of heeds at Page 218, thence southeasterly at an exterior angle of 35 34' 00" and along the said southwesterly line of land conveyee3 by said Uber 10022 of Deeds at Page 228 a distance of 223.0 feet to a point; thence southerly ar art exterior angle of 54" Z600' and parallel with the easterly boundary of the .said canal a distance of 514.93 Feet to a point, them westerly at an interior angle of 90 00' 00" and parallel with the southerly boundary of the said canal a distance of 2,121.34 Feet to a point on the easterly boundary the said Parcel No. 360 of flap No. 327 being thei easterly boundary of said existing £Ommerce Street; thence northerly at an Interior angle of 86g 05' 00" and along the easterly bouiridary the said Parcel No. 360 of M$p No. 327 being the easterly boundary of said existing Commerce Street a dlstame of 245.57 feet to the point of beginning, being 22.192 acres of land more or less. SCHEDULE B CANAL BRIDGE DRAWING See attached. PEI)ES M BRIDGE PtRN mm 10 . r-0 BUFFALO URSM DEVELOPMENT CORPCIMMN UNION SHIP CANAL OPEN SPACE PARCEL 3 DEVELOPMENT NY5OO7 P.I.N. 5757.98 wkcgx rzaa6, me PEDESTR6AN BRIDGE 2 PLAID & SECTIONS s _ , "k ESP-D" id' -0' FACE TO FACE OF MM f a Rfs" FACE TO FACE OF Z= /-TOP CC NO UYSUZAD 6RAClM r �S?JER➢§F,iT1 SRAC>NG " a C ArANAL PEtlESRiUSS FWiR 6ENSAL NOTE FOR � RAwr, �'p VFStI1G1• i�,DESSR€AN 8RI�6E 2S'P GxLStUtf 9IFfS. .. 2.S "n Ct45SON StE}1 x PIPE RA UM (M.) LSA1AiUMS AND I STRUCRON Vg� FOR D E "k ° PPE RA>S= (tYP.) FE 'I SOX NM MATS WDGES TS SWLt aE - 2 - #' (NE1FA9thL} Rfi7C PREi93RE TEIE A�Y.S FJEt+ARtL 7tT OF THdH.S?ORT'iriLON 5 2;L' tYWINAL) lidCiC PRESSVRE IRCA70 PUNK DEf56P{D (SYP.) SPEWSCATOM FUR UMERWS Awn ansTaxtum 'IHE r 4REATSD PLANK OF.DuNG (TYP.) 3 CHORD. 1-1 !SING SIAM— AND THE l � - o Sraumm (TV.). 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TR>ES 9tu=ms SFPLL 8E A3sm m PRCJWE PO)ESMAN A= rU OB569YAAQN PSRFFI t& SME lAr d 7-0• 2. Pmt MWS==JRE- DM=r" RU= SMEU, o-w srAMM $ Umc =SURE PEACES SWAL AFL BE Rcum SfN#R GE9F.=U584t63F p 9"cA"c C855AVAMN 3 SWVW$v IURC %AL BE FA9R>Gm SSILIi REAL UMOQ! DM ScA:t ao. kE sliPEFCSIUE1Cna 591A2>. SEA aisA9.a3 PSATFE7P3a REST WM A OMER SYLOL Tb W >rA7: = [NNE =a outs >m n, set s �u �sra�rar� aescsm.A.a,raer strR nw�r�EU arznAr�se�rs - 1p. 72 +50 - --+--- -- -- -- -- -- -- -- -�...,.... ...,. r .... - ....._....._..... ......._... 12105 _ — � �_ — . _---- - -- - -_ ---- ......... - ._.. - - .-- --- ._... _...--- .... -- r+*� SEAltcer w4c Y 4 �,PE9C mw RRam c F1rF8 asiaurc PEI)ES M BRIDGE PtRN mm 10 . r-0 BUFFALO URSM DEVELOPMENT CORPCIMMN UNION SHIP CANAL OPEN SPACE PARCEL 3 DEVELOPMENT NY5OO7 P.I.N. 5757.98 wkcgx rzaa6, me PEDESTR6AN BRIDGE 2 PLAID & SECTIONS s _ , "k SCHEDULE C CITY INSDRANCE R:E L]IREMENTS The Bridge Maintenance Contractor shall be required to procure and maintain the following insurance coverage: WORKMAN'S COMPENSATION AND EMPLOYER'S LIABILITYAND DISABILITY INSURANCE to cover the Bridge Maintenance Contractor as a named insured for liability under the law. The City shall be a certificate holder and the evidence of the coverage must be, on a New York form acceptable to the City. PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY including "BROAD FORM" CONTRACTUAL LIABILITY insurance to indemnify the City of Buffalo for liability assumed by the Bridge Maintenance Contractor on behalf of Buffalo Urban Development Corporation and its assigns under the terms of the Bridge Maintenance Contract. The policy limit for comprehensive general liability including contractual liability, bodily injury and property damage combined per occurrence shall be at least Two Million Dollars ($2,000,000), AUTOMOBILE LIABILITY AND PROPERTY DAMAGE to cover the Bridge Maintenance Contractor as a named insured, for its ownership, maintenance or use, including loading and unloading, of any owned, hired or non - owned automobile used under the Bridge Maintenance Contract both at and away from the job site. The policy limit for bodily injury and property damage combined per occurrence shall be at least Two Million Dollars ($2,000,000). City and BUDC shall be named as additional insureds on a certificate of insurance evidencing such coverage. P' `4 Mr. Fontana moved: That the Communication dated July 20, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Canal Bridge Maintenance Agreement attached to the above item (or a substantially similar agreement, similar to the attached agreement and approved/ negotiated to finalization by the Acting Corporation Counsel) is approved. The Commissioner of the Department of Public Works, Parks and Streets is further authorized to execute the Agreement on behalf of the City and to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested Canal Bridge Maintenance Agreement. -Passed- -12- 12c -7 -26a A YE NO FONTANA FRANCZYK GOLOMB K KEARNS LO TO PRIDGE 7C RIVERA trG R USSELL S �e Ar aj L /3 ® 6 ' 3/4- 7 City Clerk's Department BUFFALO July 29, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO O. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. 011INN PASSED July 26, 2011 Canal Park Maint Agreement Between COB and BUDC Gerald A Chwalinski City Clerk 00015 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: July 20, 2011 FROM: DEPARTMENT Public Works, Parks & Streets DIVISION: Parks and Recreation SUBJECT: Canal Park Maintenance Agreement between City of Buffalo and Buffalo Urban Development Corporation (BUDC) PRIOR COUNCIL REFERENCE: None BUDC has redeveloped the former Hanna Furnace site and adjoining former industrial sites in and around the Union Ship Canal over the last 10 years. The project is known as Buffalo Lakeside Commerce Park and now contains a number of large private sector business enterprises as well as several large vacant but "shovel ready" development sites From reclaimed former industrial uses. The 22 acres surrounding the former Union Ship Canal have been dedicated as "City parkland" and BUDC is running the construction of the park amenities at this time. BUDC is organizing a landowners association comprised of landowners in Buffalo Lakeside Commerce Park to help maintain the 22 acre City parkland parcel. The landowners association would be assessed charges for use in park maintenance. The Canal Park Maintenance Agreement is designed, in part, to facilitate the landowner's association's participation in park maintenance. In order to facilitate the Canal Park Maintenance Agreement, this Department is requesting that Your Honorable Body approve the attached agreement (or an agreement substantially similar to the attached agreeent as approved/negotiated to finalization by the Acting Corporation Counsel) and direct the Commissioner of Public Works, Parks & Streets to execute the agreement on behalf of the City and further that your Honorable Body authorize the Commissioner of the Department of Public Works, Parrs and Streets to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested Canal Park Maintenance Agreement. Department Head Name: Title: Steven J. Stepnink Commissioner .SIGNATURE OF DEPARTMENT HEAD: 5965416.1 "I CANAL PARK MAINTENANCE AGREEMENT THIS CANAL PARK MAINTENANCE AGREEMENT ( "Agreement "), entered into as of the day of .2011 (the "Effective Date "), is by and between BUFFALO URBAN DEVELOPMENT CORPORATION, a New York local development corporation with offices located at 143 Genesee Street, Buffalo, New York 14203 ( "BUDC "); and the CITY OF BUFFALO, a municipal corporation of the State of New York with offices at City Hall, Niagara Square, Buffalo, New York 14202 (the "City "), RECITALS A. BUDC is the principal local development corporation undertaking the redevelopment, marketing and sale of properties at Buffalo Lakeside Commerce Park, located in the City of Buffalo, New York, wear Union Ship Canal. B. The City of Buffalo is the reputed owner of Union Ship Canal, and also owns certain real property surrounding Union Ship Canal which is referred to as `=Parcel 3" and consists of approximately twenty -two (22) acres, as more particularly described on Schedule A , attached hereto and made a part hereof. C. The City, the County and BUDC have undertakers a project for the redevelopment of Union Ship Carnal and Parcel 3 into public opera space with park -like amenities (the "Ship Carnal Park "), for the use and benefit of the general public and the employees of businesses located in Buffalo Lakeside Commerce Park (the "Ship Canal Park Project "). In connection therewith, the City and the County have secured funding tluuugh the NYSDEC Environmental Restoration Program and the New York State Transportation Enhancements Program, and the County committed certain of its own bond funding to be used for the final design and construction of the Ship Canal Park Project. D. The City has requested that BUDC undertake the performance of certain obligations in connection with the operation and maintenance of Union Ship Canal and Ship Canal Park following completion of the final design and construction of Ship Canal Park, and BUDC is willing to undertake the performance of such obligations upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Recitals The foregoing Recitals are hereby incorporated into this Agreement and made a pant hereof as if fully set forth herein. 2. Definitions As used in this Agreement, all terms with initial capital letters shall have the meanings set forth below; "Agreement" shall mean this Canal Park Maintenance Agreement dated as of -_ -- , 2011, between BUDC and the City, and all amendments, modifications and supplements hereto. "Canal Park Maintenance" shall mean and refer to the performance of Property Maintenance and ERP ROD Maintenance at Ship Canal Park. "Canal Park Repairs" shall mean and refer to the performance of Property Repairs and ERP ROD Repairs at Ship Canal Park. "City" shall mean the City of Buffalo, New York, a municipal corporation of'the State of New York. "County" shall mean the County of Erie, New York, a municipal corporation of the State of New York. "Effective Date" shall have the meaning set forth in the preamble to this Agreement. "ERP ROD" shall refer to the NYSDEC Environmental Restoration Record of Decision for the Hanna Furnace- Subparcel 3 Site, City of Buffalo, Erie County, New York, Site Number B- 001164 -9, dated February 2005. "ERP ROD Maintenance" shall mean those tasks identified on Schedule B to be performed by BUDC as provided under Section 3 of this Agreement and in accordance with the ERP ROD. "ERP ROD Repairs" shall mead those tasks identified on Schedule B to be performed by the City as provided in Section 4 of this Agreement and in accordance with the ERP ROD. "Governflnental Authority" shall mean the United States, the State of New York, any political subdivisions of the United States or the State of New York, and any agency, department, commission, board, bureau or instrumentality of any of them, now existing or hereafter created, "Maintenance Contract" shall have the meaning set forth in Section 3(b) of this Agreement. "Maintenance Contractor" shall mean, individually or collectively, as the context may require, the company or companies engaged by BUDC to perform Canal Park Maintenance. "NYSDEC" shall mean the New York State Department of Environmental Conservation. "Property Maintenance" shall mean those tasks identified on Schedule B to be performed by BUDC as provided ender Section 3 of this Agreement. "Property Repairs" shall mean those tasks identified on Schedule B to be performed by the City as provided in Section 4 of this Agreement. "Requirements" shall mean any and all present and future laws, rules, orders, ordinances, regulations, statutes, requirements and executive orders of any Governmental Authority, with respect to the performance of Canal Park Maintenance. Agreement. Agreement. ":Ship Canal Park" shall have the meaning set forth in the Recitals to this "Ship Canal Park Project" shall have the meaning set forth in the Recitals to this ":State" shall mean the State of New York. "Term" shall have the meaning set forth in Section 8(a) of this Agreement. Canal Park Maintenance During the Term of this Agreement, BUDC agrees to arrange for the performance of Canal Park Maintenance as follows: (a) BUDC shall engage the services of one or more Maintenance Contractors to perform the Canal Park Maintenance tasks identified on Schedule B , attached hereto and made a part hereof. (b) The services to be provided by the Maintenance Contractor shall be set forth in a Maintenance Contract between BUDC and the Maintenance Contractor. BUDC will include provisions in the Maintenance Contract with the Maintenance Contractor that all work must be completed in accordance with all Requirements, including, but not limited to, all applicable City lanes, rules and regulations. The Maintenance Contract shall require the Maintenance Contractor and its subcontractors (if any) to maintain liability insurance required by the City as described on Schedule C attached hereto and made a part hereof, as such insurance requirements may be modified by the City from time to time. Such insurance shall name the City and BUDC as additional insureds and shall be primary and non- contributory. The Maintenance Contractor shall provide insurance certificates to the City and BUDC prior to commencing any work under the Maintenance Contract. The Maintenance Contract shall also require the Maintenance Contractor to defend, indemnify and hold harmless the City, BUDC, and their respective directors, members, officers, employees, agents and representatives (the "Indemnified .Parties ") from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of emery nature and description brought or recovered against any of the Indemnified Parties by reason of any acts or ornissions of the Maintenance Contractor, its agents, employees or subcontractors in connection with the performance of and/or compliance with the terms and conditions of the Maintenance Contract. The City of Buffalo Department of Public Works shall, if requested by the City, be afforded an opportunity to be a signatory on the Maintenance Contract and on subcontract(s), if any, for the limited purpose of accepting indemnification under the Maintenance Contract and from subcontractor(s) as well as for accepting the insurance coverage being provided to the City under the Maintenance Contract and by subcontractor(s). 4. Canal Park „Repairs During the Term of this Agreement, the City (subject to the provisions contained in Paragraph numbered 12 of this Agreement) agrees to perform, or arrange for the performance of, the Canal Park Repairs identified on Schedule B , 5. Access to Parcel 3 The City hereby grants to BUDC, the Maintenance Contractor, and their respective officers, employees and subcontractors, a revocable non - exclusive license to enter Parcel 3 during the Term for the purpose of performing Canal Park Maintenance and for such other purposes that are reasonably related to or in furtherance of this Agreement, 6. Insurance Requirements During the Tenn of this Agreement, BUDC shall procure and maintain, at its own expense and without cost to the City, the following liability insurance coverage: (i) Comprehensive General Public Liability and Property Damage, including Bodily Injury and Property Damage, with a combined single limit of no less than $2,000,000 and (ii) Comprehensive Automobile Liability, including Bodily Injury and Property Damage, with a combined single limit of no less than $2,000,000. City shall be named as an additional insured on certificates of insurance evidencing the above described general liability and automobile liability insurance policies. The insurance certificates shall specifically reference the BUDC's role in the Ship Canal Park Project and the City shall be a certificate holder. 7. flssinnnent of Canal Park Maintenance Obli atians BUDC has formed the Buffalo Lakeside Commerce Part: Property Owners Association, Inc. (the "Association "), a not -for- profit corporation whose membership is comprised of the owners of real property located in Buffalo Lakeside Commerce Park. The Association was specifically formed for the purpose of maintaining Ship Carnal Park, and funding the performance of Canal Parr Maintenance through assessments paid by the property owners within Buffalo Lakeside Commerce Park. BUDC is presently the largest property owner at Buffalo Lakeside Commerce Park. The City hereby consents to the assignment of this Agreement by BUDC to the Association and the assumption by the Association of all of BUDUs rights and obligations hereunder upon the filing of the Declaration of Covenants, Conditions, 4 I Restrictions, and Easements for Buffalo Lakeside Commerce Park with the Erie County Clerk's Office. The City's consent does not operate to in any manner release BUDC from the terms and provisions of this Agreement. Term (a) Subject to earlier termination pursuant to Section 8(b) Hereof, the term of this Agreement ( "Term ") shall be for a period of ten (10) }rears commencing on the Effective Date. The Agreement may be renewed for two (2) additional five (5) year periods at the discretion of the City upon notice to BUDC or the Association, if the Association is a party to this Agreement at such time, (b) Upon at least one (1) year prior written notice, either party may terminate this Agreement effective at the end of any calendar year after the initial ten -year term. Either party may terminate this Agreement for failure to remedy a material breach of this Agreement within thirty (30) days after receipt of written notice of such breach. 9. Independent Contractor BUDC shall perform the services hereunder as an independent contractor and neither the BUDC nor any of its respective employees, agents or representatives shall be or hold themselves out to be employees of the City. The City and BUDC and their respective employees are not and shall not be considered as joint venturers, employees, partners or agents of one other and BUDC shall not have the power to bind or obligate the City. 10. Exculpation All covenants, stipulations, promises, agreements and obligations of BUDC contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of BUDC and not of any member, director, officer. employee or agent of BUDC in his or her individual capacity, and no recourse shall be had for any claim hereunder against any member, director, officer, employee or agent of BUDC. 11. Force Maajeure BUDC may cancel or extend its obligations hereunder by reason of force majeure which renders BUDC unable wholly or in part to carry out its obligations under this Agreement. The term "force majeure," as used herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, tires, hurricanes, storms, floods, washouts, droughts, arrests, restraining of government and people, civil disturbances, explosions, partial or entire failure of utilities, shortages of labor, materials, supplies or transportation, or any other similar or different cause not reasonably within BUDC's control. 5 12, Limitations and Conditions on City's {)bli ations Under This A reennent. Notwithstanding anything contained in this Agreement which could be construed to the contrary (including but not limited to the contents of all Schedules), it is expressly understood and agreed that; (a) The purpose and objective of this Agreement is not to obligate the City to BUDC and/or to the Association, but rather to set forth the rrranner in which BUDC and/or the Association can assist the City in and around Ship Canal Park; (b) There are no obligations on the part of the City being created under this Agreement in favor of either BUDC and/or the Association beyond any obligation or obligations the City has or would have to any City resident or City taxpayer regarding any City park; (c) Any and all obligations of the City to undertake and/or to pay for Canal Park Repairs under this Agreement shall be and are hereby expressly conditioned upon- (i) The availability of funds to pay for the Canal Park Repairs; (ii) An actual budgetary appropriation of funds by the City for the Canal Park Repairs, and (iii) Comnnon Council and related approvals when necessary for such Canal Park Repairs and related expenditures being obtained in each and every case, (d) Nothing contained in this Agreement shall be deemed to release the County of Erie from any obligation or obligations undertaken by the County of Erie in connection with the funding obtained in connection with the Ship Carnal Park Project from either or both the NYSDEC Environmental Restoration Program and /or the New York State Transportation Enhancements Program. (e) City retains all ultimate decision making and managerial functions with respect to the Ship Canal Park and accordingly nothing contained in this Agreement shall constitute an unlawful alienation of parklands. (f) City retains the right to unilaterally terminate this Agreement with or % cause at any time upon 30 days prior written notice to BUDC. Written notice to BUDC shall constitute notice to the Association as well, (g) City personnel frown City's Department of Public Works Parks & Streets ( "City DPW ") shall have the unilateral right to direct changes to any and all planting detail and related operations. (h) City personnel from City DPW shall have the right to participate in the decision making leading tip to the actual awarding of contracts to be let by BUDC and /or the Association during implementation/operations of all aspects of this Agreement. The City retains the right to unilaterally veto the award of any such contract. C, 13. Miscellaneous (a) The provisions of this Agreement shall be severable, and. it any clause, sentence, paragraph, provision or other pail hereof shall be adjudged by ally court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. (b) This Agreement shall be governed by and interpreted, construed and enforced in accordance with, the laws of the State of New York. Venue for any and all litigation arising ender this Agreement shall be in a court seated in Erie County, New York, (c) No waiver by any party of any breach, default or violation of any term, warranty, representation, agreement, covenant, condition or provision hereof shall constitute a uraiver of any subsequent breach, default or violation of the same or any other terns, warranty, representation, agreement, covenant, condition or provision hereof. (d) The provisions of this Agreement shall bbid and benefit the successors and assigns of the parties hereto. (e) This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ( All notices that may be given in connection with this Agreement shall be in writing and shall be delivered personally or mailed postage prepaid, by regular nail, to the parties at their addresses as set forth above, or to such other address as either party may hereafter designate by notice to the other party. Notices shall be effective from the date of delivery if delivered personally, or from one (1) business day after the day of deposit with the U.S. mail, if mailed. (g) The captions herein are for convenience only and are not to be construed as a part of this Agreement, nor shall the same be construed as defining or limiting in any way the scope or intent of the provisions hereof, (h) Each party hereto acknowledges its full understanding of this Agreement, that there are no verbal promises, undertakings or agreements in connection herewith and that this Agreement can be modified only by a written agreement signed by the parties hereto. (i) This Agreement ntay be amended only by written instrument, duly authorized and executed by the parties hereto. [The Remainder of This page left Intentionally Blank] IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year above first written. CITY OF BUFFALO By: BYRON W. BROWN Mayor STATE OF NEW YORK COUNTY OF ERIE BUFFALO URBAN DEVELOPMENT CORPORATION By: PETER M. CAMMARATA Pdent AS TO FORM ONLY SS Corporation y '� , On the day of " , in the year 2011, before me, the undersigned, a Notary Public in and for said state, personally appeared , personally kno to one or proved to me on the basis of satisfactory evidence to be the individual whose > is subscribed to the within instrument and acknowledged to nee that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public STATE OF NEW YORK ) ) SS.. COUNTY OF ERIE ) On the t. day of :' , in the year 2011, before me, the undersigned. a Notary Public in and for said state, p'rsonally appeared = - , ;., personally ltnown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to nee that Ile executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public DAWN M. BOUDREAU NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ERIE COUNTY ; My Commission Expires May 27, 20 SCHEDULE A LEGAL DESCRIPTIQ3 See Attached, cz i Union Ship canal (Legal Description) All that piece or parcel Of property, situate In Lot No. 18 in the Ogden Cora Tract, Township No. ;10, Range No;-8, City of Buffalo, County of brie, State of New York bounded and described as follows Beginning at a point on the easterly boundary of existing Commerce Street as delineated on Parcel No. 360 of Map No. 377 and acQulred by The People of The State of New York for the former construction of Fuhrmann Boulevard -- Hamburg Turnpike by Uber 10082 of Deeds at. Page 121, at its intersection with the southerly boundary of the existing Union Ship Canal, thence easterly at an interior angle of 93' 55' OU" and along the southerly boundary of the said canal a distance of 1,904.57 feet to a point on the easterly boundary of the said canal; thence nodheriy at an exterior angle of 90° 00` 00" and along the easterly boundary of the said canal a distance or zoom feet to a point on the northerly boundary of the said canal, thence westerly at an exterior angle of 90° 00' 00" and along the northerly boundary of the said canal a distance of 1,902.64 feet to a point on the easterly boundary of the existing Fuhrmann Boulevard Extension as delineated on parcel No. 361 of Map No. 377 and acqulred by The People of The State of New York by said Uber 10082 of Deeds at Page 171; thence northerly at qn interior angle of 90' 51' 24" and along the easterly boundary of the said Panel No. 361 of Map No. 327 being the easterly boundary of said existing Fuhrmann Boulevard Extension a distance of 200.02 feet to a point, thence easterly at are interior angle of 89" 08' 36" and parallel with the northerly boundary of the said canal a distance of 1,923.74 feet to a point on the southwesterly line of land conveyed t4 Sherland Incorporated by fiber 10022 of Deeds at Page 218; thence southeasterly at an exterior angle of 35 34' 00" and along the said southwesterly line of land conveyed by Bald Libor 10022 of Deeds at Page 218 a distance of 223.62 feet to a point; thence southerly at an exterior angle of 54 ZW 00° and parallel with the easterly boundary of the said carnal a distance or 514.93 feet to a point; thence westerly at art. intWor angle of 90" 00' 00" and parallel with the southerly boundary of the said canal a distance of 2,121.34 feet to a point on the easterly boundary the said Parcel No. 360 of Map No, 327 being the easterly boundary of said. existing Commerce Street; thence northerly at an interior angle of 86° 05' 00" and along the easteriy boundary the said Parcel Ho. 360 of Map No. 327 being the easterly boundary or said existing Commerce Street a dtstance of 245.57 feet to the point of beginning, being 22.192 acres of land more or less. vl SCHE! ULE B CANAL PARK MAINTENANCE AND CANAL REPAIR OBLIGATIONS PrO erty Maintenance and Property Re air II ations. Park Element Maintenance Obligations �'ra�erh` Repair �bli�atiQns {City fl Buffalo) {Protaert�r O�� er AssQC.) Lawn Area 1. Mow - 2.5 inch length in lawn NIA (including areas (every 2 weeks May thru berms) Oct. 2. Mow meadows 2x year (July and Oct.) 3. Fertilize (2x year) 4. Repair /Re -seed Wildflower Area 1. Weed for two years until N/A established (monthly for six months) 2. Replant/Replace 3. Move (Ix year; late winter) Trees/Woodland 1. Weed/Mulch (I x year) Replace (after warranty period Area 2. Water expires) 3. Rake Leaves (2x year) 4. Trim /Prune (l x year) Trails and Paths 1. Rake /maintain crushed stone 1. Replace crushed stone Paths 2. Replace asphalt 2. Minor repairs to asphalt paths Parking Areas 1. Seal 1. ResurNee 2. Stripe 2. Replace 3. Minor repairs (patching) 3. Clean Storm Drains 4. Remove snow from parking 4. Bumper and Bollard Repairs lot and sidewalks as shown on Appendix 1 attached hereto. Parking Lot N/A Repair and replace light poles, Lighting lamps and luminaries (under separate agreement with National Grid) Park Lighting Replace lamps and fixtures Repair and replace light poles Canal Lighting Replace lamps Repair and replace canal lighting fixtures 2. ERP ROD Maintenance and ERP ROD Repair Obligations ERP ROD Element ERP ROD Maintetrance ERP ROD Re air Obligations (City of Buffalo) General Park 1. Remove litter ].Remove graffiti Area 2. Empty trasli receptacles 2, Repairlreplace park furniture Aruival Visual Inspection 3. Clean park furniture Wetlands Abeyment Area /Boardwalk Removal of invasive species from wetlands 4, Monitor and remove invasive Sail Carer Annual Visual Inspection species 5. Seasonal floral dis la 's Park Signage Repair and replace decorative 1. Repair and replace standard signage regulatory signage 2. Remove graffiti Park Utilities 1. Maintain Wil~i Network and 1. Maintain/repair electric and related hardware water lines 2. Pay electricity costs for bridge 2. Pay electricity costs for and canal lighting parking lots 3. Pay water costs Park Storage Maintain and secure storage Shed slied Canal Remove small debris from canal Remove large debris from canal Historic Annual Visual Inspection Remove graffiti Artifacts 2. ERP ROD Maintenance and ERP ROD Repair Obligations ERP ROD Element ERP ROD Maintetrance ERP ROD Re air Obligations (City of Buffalo) Obli a #io ®s (BBUDC /Pronertf►3 Owners Association) Canal Seawall Arnival Visual Inspection Repair /Replacement Canal Outfalls Aruival Visual Inspection Clean and Repair Wetlands Abeyment Area /Boardwalk Removal of invasive species from wetlands Repair /Replace boardwalk Sail Carer Annual Visual Inspection Repair /Replace Soil Cover .... ...... . u . . . . ......... '77-7 El UPLAND MMOVEkaxTs - —nn: -- SITE LAYOUT AND VnUTY PLAN EAST 6 - z'W .... ...... . u . . . . ......... '77-7 El UPLAND MMOVEkaxTs - —nn: -- SITE LAYOUT AND VnUTY PLAN EAST SCHEDULE C CITY INSURANCE REQUIREMENTS The Maintenance Contractor shall be required to procure and maintain the following iE7surance covet WORKMAN'S COMPENSATION AND EMPLOYER'S LIABILITY AND DISABILITY INSURANCE to cover the Maintenance Contractor as a named insured for liability under the law. The City shall be a certificate holder and the evidence of the coverage must be on a New York form acceptable to the City. PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY including "BROAD FORM" CONTRACTUAL LIABILITY insurance to indemnify the City of Buffalo for liability assumed by the Maintenance Contractor on behalf of Buffalo Urban Development Corporation and its assigns under the terms of the Maintenance Contract. The policy Iimit for comprehensive general liability including contractual liability, bodily injury and property damage combined per occurrence shall be at least Two Million Dollars ($2,000,000). AUTOMOBILE LIABILITY AND PROPERTY DAMAGE to cover the Maintenance Contractor as a named insured, For its ownership, maintenance or use, including loading and unloading, of any owned, hired or non -owned automobile used under the Maintenance Contract both at and away from the job site. The policy limit for bodily injury and property damage combined per occurrence shall be at least Two Million Dollars ($2,000,000), City and BUDC shall be named as additional insureds on a certificate of insurance evidencing such coverage. Mr. Fontana moved: That the Communication dated July 20, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Canal Park Maintenance Agreement attached to the above item. (or a substantially similar agreement, similar to the attached agreement and approved/ negotiated to finalization by the Acting Corporation Counsel) is approved. The Commissioner of the Department of Public Works, Parks and Streets is further authorized to execute the Agreement on behalf of the City and to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested Canal Park Maintenance Agreement. -Passed- -13- 13c -7 -26a KEARNS LO T® m a j,.5 2/3- 6 314 - 7 City Clerk's Department BUFFALO July 29, 2011 I Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED July 26, 2011 Change in Contract Broadway Market HVAC Unit Replacement (Fill) Gerald A Chwalinski City Clerk APPROVED AUG - 8 2011 000P. # 1 7 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO. THE COMMON COUNCIL DATE: July 15, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Broadway Market [: HVAC Unit Replacement Job #1020 [: Fillmore District PRIOR COUNCIL REFERENCE: (IF ANY): EX. (ITEM NO. CCP ) TEXT I hereby submit to Your Honorable Body the following changes for Broadway Market, HVAC Unit Replacement, Greater Niagara Mechanical, .0 #93000653. 1. Material price escalation of 5 %. Add $ 3,500.00 The foregoing changes result in a net increase in the contract of Three Thousand Five Hundred and 00 /100 Dollars ($3,500.00). Summary: Original Contract Amount Amount of This Change Order ( #1 Revised Contract Amount $94,700.00 $ 3,500.00 $98,200.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32320106 445100 -Buildings. SJS /PJM /J S /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: i�k Mr. Fontana moved: That the Communication dated July 15, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner of Public Works, Parks and. Streets is hereby authorized to enter into Change Order Number 1 in the amount of Three Thousand and Five Hundred Dollars ($3,500.00) for the City contract number 93000658 with Greater Niagara Mechanical in the amount of $94,700. As result of the Change Order the total authorized contract amount shall be adjusted to $98,200. Funds for the work are available in 32320106 445100 - Buildings. - Passed- -14- 14c -7-26a AYE * NO S Maj , 213- 5 3/4- 7 � x � City Clerk's Department BUFFALO July 29, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 17 PASSED Judy 26, 2011 Change in Contract MLK Jr. Park Humboldt Basin Splash Pad Equip(Masten) Gerald A Chwalinski City Clerk APPROVED AG ® 8 2011 00017 t° #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July. 1.5, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT:: Change in Contract [: MLK Jr. Park [: Humboldt Basin [: Splash Pad Equipment j: Job #1025 : Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for MLK Jr. Park, Humboldt Basin, Splash Pad Equipment, Titan Development, Inc., C #93000713. 1. Replace 16 Wall Wave Jets and 10 Mysticalfun Embed Add $ 7,035.00 Jets with 16 Pond Spray Jets. Summary: Original Contract Amount $339,950.00 Amount of This Change Order ( #1) Add $ 7,035.00 Revised Contract Amount $346,985.00 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 & Streets to approve the change order. Funding for this change order is available in 32400406 445100 e Buildings. SJS /PJM /JS /dlg cc: Comptroller . J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head: Mr. Fontana moved: That the Communication dated July 15, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner of Public Works, Parks and Streets is hereby authorized to enter into Change Order Number 1 in the amount of Seven Thousand and Thirty -Five Dollars ($7,035.00) for City Contract number 93000713 with Titan Development, Inc. for Humboldt Basin. Splash Pad Equipment Job #1025 in the amount of $339,950.00. As result of the Change Order the total authorized contract amount shall be adjusted to $346,985.00. Funds for the work are available in 32400406 445100 - Buildings. - Passed- -15- 15c-7-26a * AYE * NO * FONTANA PREDGEN R.A. RUSSELL SbUTH 2t3 -6 314 - 7 City Clerk's Department BUFFALO July 29, 2011 rel 11, M p' ' T, LYM -4 i a M y"Y' a Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED July 26, 2011 Increase in Contract-Guard Security of the COB Pools Gerald A Chwalinski City Clerk I A1 PROVED AUG - 8 2011 001 41 (Rev. 1/93) SINGLE PACE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 19, 2011 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: [: Increase to Contract for [: Guard Security of the City of Buffalo Pools PRIOR COUNCIL REFERENCE: (IF ANY): Item No. 17, C.C.P 5117/11 This is to inform Your Honorable Body of the following changes to Guard Security of the City of Buffalo Pools between City of Buffalo and Executive Investigation & Security, Inc. Summary: Original Contract Amount: Amount of this Change Order: Revised Contract Amount: $90,835.20 Add $17,000 $107,825.20 I certify that this increase is fair and equitable for the work involved. Funding for this change order is available in Account #14222006 - 434000. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Commissioner SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak ILE i Mr. Fontana moved: That the Communication dated July 18, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner of Public Works, Parrs and Streets is hereby authorized to enter into Change Order Number l in the amount of Seventeen. Thousand Dollars ($17,000.00) for the City's Contract with Executive Investigation & Security, Inc. for Guard Security of the City of Buffalo Pools to be added to the base contract amount of $90,835.20. As result of the Change Order the total authorized contract amount shall be adjusted to $ 107,825.20. Funds for the work are available in 14222006 434000 - Buildings. -Passed- -16- 16c -7 -26a _ ..... ...... ' ..... ___-_' _--_ ' ^�, \o` | City Clerk'.s Department BUFFALO July 29, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO F9TWINI&TH Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 19 PASSED July 26, 2011 Parking at 3447 Bailey for LP Cirninelli to Access VA Hospital Property Gerald A Chwalinski City Clerk APPROVED AU G - 8 2011 19 CA k. _/A C, 3 q COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: July 20, 2011 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Water /Engineering SUBJECT: Parking on and Access Across Buffalo Water Board Property at 3447 Bailey Avenue For LP Ciminelli Construction Corporation to Access Veterans Hospital Property for Purposes of Constructing a Parking Ramp PRIOR COUNCIL REFERENCE: None LP Ciminelli Construction Corporation has approached the City of Buffalo and the Buffalo Water Board with a request to access Buffalo Water Board property at 3447 Bailey Avenue for purposes of utilizing the property or a portion thereof for parking and construction access. The plan of use is expected to involve temporary parking and construction vehicle access improvements for up to a year during construction of a parking ramp by LP Ciminelli on the Veterans Hospital property which adjoins the Buffalo Water Board property. More specifically, the access use is planned to facilitate construction vehicle traffic from LeBrun across the Buffalo Water Board property to Veterans Hospital land for purposes of facilitating construction of the new parking ramp on the Veterans Hospital land. LP Ciminelli will provide insurance, possibly pay a reasonable but modest access fee and restore the Buffalo Water Board property. In order to implement the requested temporary access and pat-king to facilitate the construction of the parking ramp improvements at Veterans Hospital, this Department is requesting that Your Honorable Body authorize and direct the Acting Corporation Counsel to prepare and negotiate to completion a proposed access agreement for these purposes (to include but not be limited to insurance, indemnity, restoration and such other provisions as shall be deemed necessary by the Acting Corporation Counsel and Commissioner of the Department of Public Works, Parks and Streets) and that your Honorable Body further authorize and direct the CoMIASSioner of Public Works, Parks & Streets to execute the agreement on behalf of the City and further that your Honorable Body further authorize the Commissioner of the Department of Public Works, Parks and Streets to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested temporary access and parking and to facilitate the restoration /repair the reafter of the Buffalo Water Board Property. Department Head Name: Title: SJS /JH SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak Commissioner i Mr. Fontana moved: That the Communication dated July 20, 2011 from the Commissioner of Public Works, Parks and Streets. be received and filed and that: The Acting Corporation Counsel if hereby authorized to prepare and negotiate to completion a proposed access agreement for the purpose of allowing temporary access and parking to facilitate the construction of the parking ramp and improvements at Veteran's Hospital (to include but not be limited to insurance, indemnity, restoration and such other provisions as shall be deemed necessary by the Acting Corporation Counsel and Commissioner of the Department of Public Works, Parks and Streets). The Commissioner of Public Works, Parks and Streets is further authorized to make such arrangements and execute such documents as are necessary or prudent in order to facilitate the requested temporary access and parking and to facilitate the restoration/ repair thereafter of the Buffalo Water Board Property located at 5447 Bailey Avenue. - Passed- -17- 17c -7 -Z6a 1 Q * AYE * NO FONTANA x FRANCZYK GOLD EIS KEARNS L To PRUDGEN RIVERA �TSSELL S aj ,- 5 Z/3 -6�� 314- 7 City Clerk's Department BUFFALO July 29, 2011 0 I 11 M I T& I I t 010 0 .111 a WH AI II LOW Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 20 PASSED July 26, 201.1 Permission to Accept Funds for Signal Sys Replace of Amherst St Project Gerald A Chwalinski City Clerk APPROVED AUG 8 2011 000`20 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: July 18, 2011 1 `= FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Permission to Accept Funds for the [: Signal System Replacement of [: Amherst St. Project [: From Military Rd. to Parkridge Ave. [: Federal Aid PIN #5756.80 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #28 of March 16, 2004 In item #28 of March 16, 2004 your Honorable Body granted the Department of Public Works, Parks and Streets permission to enter into all necessary agreements for Federal Aid Pin ## 5756.80, Amherst Street Signal Replacement Project from Military Road to Parkridge Avenue. The item was approved with a $1.4 mil. cost estimate and included the design, construction and construction inspection for the project. All necessary work has been completed with the project at a final cost of $1.556mil. The Federal and State governments have agreed to fund the additional amount This Department requests the Common Council's approval to accept the additional funding so that the project will be closed out. SJS /PJM/JDB /TJD:dab TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Steven J. Stepniak Commissioner SIGNATURE OF DEPARTMENT HEAD; f Mr. Fontana moved: That the Communication dated July 18, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner's request that the Common. Council accept additional funds for the Amherst Street Signal System Replacement Project from Military Road to Parlcridge Avenue, as part of Federal Aid PIN (15756.80 (which had a total cost of $ 1.556 million or $ 156,000 over and above the $1.4 million estimate) from the Federal and State governments, who have agreed to provide the additional $156,000 in funding so that the project may be closed out, is approved. -Passed- so 18c-7-26a * AYE *NO* * PREDGEN RIVERA * RUSSELL City Clerk's Department BUFFALO July 29, 2011 I IVA Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED July 26, 2011 Report of Bids City Court Basement(Ell) Gerald A Chwalinski City Clerk AUG 8 2011 #2 (Rev. 1193) MULTIPL PAGE COMMUNICATION TO THE COMMON COUNCIL TO THE COMMON COUNCIL DATE: July 14, 2011 0 0021 FROM DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings ; E SUBJECT: [: Report of Bids j: City Court j: Basement Detention Area Job #1043 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [; (EX,: Item No. CCP ) TEXT: I advertised for on June 2, 2011, and received the following formal sealed bids for City Court, Basement Detention Area, which were publicly opened and read on June 23, 2011, General Construction Wilsandra Construction $1,364,000.00 300 Camden, Buffalo, IVY R W Painting, Inc. $1,414,000.00 65 Mid County, Orchard Park, IVY Rodems Construction $1,472,000.00 3555 North Buffalo, Orchard Park, IVY R B Mac Construction $1,533,000.00 5688 Lincoln, Lockport, NY Nichter Construction $1,617,000.00 30 Wildwood, Lancaster, NY Hadala Construction $1,710,000.00 325 Grote, :Buffalo, NY Picone Construction $1,964,000.00 8680 Main, Williamsville, NY Electrical Work Frey Electric Construction $ 920,000.00 100 Pearce, Tonawanda, NY CIR Electrical $1,065,000.00 400 Ingham, Buffalo, NY Greater Niagara Mechanical $ 327,300.00 7311 Ward, North Tonawanda, NY f John W. Danforth Co. $ 397,000.00* 304 Colvin Woods Tonawanda NY ,1 �' *Deemed non- responsive due to lack of signed EEO forms required. Bids are being received by the DPW on July 22, 2011. I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Wilsandra Construction - $1,364,000.00 Electrical Work: Frey Electric e $ 920,000.00 HVAC Work: Greater Niagara Mech $ 327,300.00 Plumbing Work: Not to Exceed - $ 450,000.00 3,061,300.00 I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 34323006 445100 & 34322906 445104 - Buildings. SJS /PJMIJS /dig cc: Contract Compliance Office J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Mr. Fontana moved: That the Communication dated July 14, 2011 from the Commissioner of Public Works, Parks and Streets be received and filed and that: The Commissioner's request to order work for the City Court Basement Detention Area on the basis of the following bids is hereby approved as follows: 1. General Construction - Wilsan.dra Construction, 300 Camden, Buffalo, NY $1,364,000.00 2. Electrical Work Frey Electric Construction, 100 Pearce, Tonawanda NY $ 920,000.00 3. HVAC Work Greater Niagara Mechanical, 7311 Ward, North Tonawanda, NY $ 327,300.00 The Commissioner is thereby authorized to order work on the basis of the lowest responsible bid to the above bidders as detailed above. The Commissioner of Public Works, Parks and Streets is further authorized to order plumbing work on the above - project in an amount not to exceed $450,000. Funds for the project are available in 34323006 4451:00 & 34322906 445100 - Buildings. Passed- 18Ac -7 -26a * AYE * NO * FONTANA FRANCZYK * GOLD EIS * KEARNS LOCURTO PREDGEN RIVERA It �- FROM THE COMMISSIONER OF POLICE July 26, 2011 00022 03 (Rev 1 -62) Certiticate of Appointment W corcptia a with pmvisians of Seetim 24-2 of the Cbuttar and Cbnpter 35 -1 of rhte0rdtamm of tba City of fi ffslo, I transmit tilts eetiilicatipp o€ appuitztment(s) trr preai0don(s). f &Atr certify that the 11M*j3(a) aamctt in Scheduta "A" bava bm em Oed or appmved by tie 1?ctpsan RpstrsrcWC WB Service for tin AppoinanentEffective: dune 19, 2011 in the Department of POLICE Division of tome Position, of Detective (&Bert One) : PERMANENT (Insert One) : PROMOTION. (Insert One) : at the: FLAT (Enter Starling Salary) starting salary of $66,230 LAST JOB TITLE Permanent Police Officer NAME Mark K. L,ocicero LAST DEPARTMENT Polio DATE 08/10169 ADDRESS 432 Orchard give LAST SALARY $64,095 CITY & ZIP Tonawanda, ICY 14223 MAST JOB TITLE LAST 4 DIGITS OF SSN. XXX -XX -7749 LAST DEPARTMENT DATE LAST JOB TITLE ' Permanent Police Officer NAME Wililam J. Gambino LAST DEPARTMENT Police RATE~ 08/31/90 ADDRESS 6737 Taylor Road LAST SALARY $84,095 CITY & ZIP Hamburg, NY 14075 ADDRESS [AST 4 DIGITS OF SSN. XXX -XX -4399 LAST SALARY r CITY & ZIP LAST JOB TITLE ' Permanent Police Officer NAME Vatesha L. Tibbs- Walklns LAST DEPARTMENT Police {SATE 01/26/00 ADDRESS 398 Cayuga Crook LAST SALARY $64,095 CITY & ZIP Cheektowaga, NY 14227 LAST 4 DIQ1TS OF SSN- XXX -XX -1473 MAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF 88N, XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY r CITY & ZIP LAST 4 DIGITS OF SS,N. XXX-XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 12005001411001 TITLE CODE NO 2132 BUDGET ACCT. OBJ, 12905001411001 PROJ. ID PERSONNEL REO. NO 2010 -206 SALARY RANGE OF POSITION $66 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY, Daniel Derends TITLE= OF APPOINTING, AUTHORITY: Commissioner of Police DATE: 06/16/ SIGNATURE OF APPOINTING AUTHORITY: 0.51GINA P1FS TO:.._GTY e cov {ON18E 0 APPOINTMENT i)A ' OTHERSCOPIESTfk. 6• lP(gQLL 46- HUMAN E€kVICE CIVLSE 1 #7 suQM i M- MPARTMENT 48- I]tV WQN t!t©• .EMPLOYEM) 3 03 (Rev 1 -02) Cs / ✓U ,+ CJ1 � T/� CJ`s �/Ll i �� i LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS 4F 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 12005001411001 TITLE CODE NO 2132 BIIDOET ACCT. OII.J, 12005001411001 PROJ. ID PERSONNEL REQ. NO 2010 -2137 SALARY RANGE OF POSITION $66,230 PER YEAR REASON FOR APPT. A0OVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel De,randa TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: ©B11 &! SIGNATURE OF APPOINTING ALITHORITY: 9flIQIN61 - + COPIE3.T0: 'CSI Y fLERK 10W8EF6RE APPQIN7WgNT DUQ OTHER COPIES TO: 98- COMPTROLLER 86- MAN ERVI E CIVlL S RVI E #7- SUDGET . N "__ PjyL91QbL #10• .EMPLOYEt_t3) Certificate of Appointme � 511 Compliance with provisions OF SuVon 24 -2 Of Iiie Chaver and Cbapler 35 - 1 of the'Ordinaneas of the City ofBuffal0, i tratiWt this ceniflcation of appulnmtent {s) or pyomatiaa(s). I f other certify ILat the peraou(s) named. in Sebedule'A'. havebeeu certified cry approved by the Hitmml Reseumeil0vfi Service for the . AppohnmentEffective; June 1.9, 2011 in tho Department of POLIPE Division of to the Position of Detective (Insert One) : PERMANENT (insert One) : PROM6T'ION (Insert One) : at the: FLAT jEintee Starting Salary); Starting Salary of $66,230 Schedule " 'LAST JOB TITLE Contingent Perm Detective NAME Kimberly A. Tolrlassi LAST DEPARTMENT Police DATE 11/11/10 ADDRESS 64 Taunton Place LAST SALARY $66,230 CITY & ZIP Rtfffalo, NY 14216 LAST 4 01GITS OF SSN, XXX- XX-0262 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 4OIQITSOF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS 4F 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 12005001411001 TITLE CODE NO 2132 BIIDOET ACCT. OII.J, 12005001411001 PROJ. ID PERSONNEL REQ. NO 2010 -2137 SALARY RANGE OF POSITION $66,230 PER YEAR REASON FOR APPT. A0OVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel De,randa TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: ©B11 &! SIGNATURE OF APPOINTING ALITHORITY: 9flIQIN61 - + COPIE3.T0: 'CSI Y fLERK 10W8EF6RE APPQIN7WgNT DUQ OTHER COPIES TO: 98- COMPTROLLER 86- MAN ERVI E CIVlL S RVI E #7- SUDGET . N "__ PjyL91QbL #10• .EMPLOYEt_t3) 0002 413 (Rev 1 -02) Certificate of Appointment In Compliance with provisions of Section 24.2 of the Charter and Chapter 35 -1 of the Ordinances of the Ci of Buffalo, I transmit this certification of appointment(s) or psomotloa(s)- I tarth€rcartUy that the petson(s) named in Schedule 'A' have bmn certified or approved by the Human 3twurew/Civil S-Mee for the AppointmentRffective: June 19, 2011 in the 'Depiulment of POLICE Division of to the Position of Police Lieutenant (Insert One) : CONTINGENT PERMANENT (Insert One) : PROMOTION (Insert One); at the: FLAT jEnter Starting Salary) : Starting Salary of: $73,312 Schedule "A° LAST JOB TITLE Per Police Off lcer NAME Sean P. Phillips LAST DEPARTMENT Police DATE 97 #29195 ADDRESS 6155 Newberry Court LAST SALARY $6405 CITY & ZIP Clarence Ctr, NY 14032 LAS 4 D IGITS OF SSN, XXX - X X - 2646 . LAST ,SOB TITLE Perm Police Officer NAME Melinda M. Janes (Zak) LAST DEPARTMENT Police DATE 07/21/00 ADDRESS 92 Unger Avenue LAST SALARY $64,095 CITY & ZiP Buffalo, NY 14210 LAST 4 D1QIT OF SSN, XXX - XX - 1309 LAST JOB TITLE Perm Police Officer NAME Aaron Young LAST DEPARTMENT Police DATE 01116/98 ADDRESS 125 Thatcher Avenue LAST SALARY $64,096 CITY & ZIP Buffalo, NY 14216 LAST 4 D €BITS OF SS X XX - XX -24 LAST JOB TITLE Perm Police Officer NAME Thomas R, Whelan LAST DEPARTMENT Police DATE 07/31197 ADDRESS 254 Canada Street LAST SALARY $64,095 CITY & ZIP - Holland, NY 140811 LAST 4 DIGITS OF SSN, XX -XX -1170 LAST JOB TITLE NAME ,-AST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET OR.G. CODE 12005001411001 TITLE CODE NO 2249 BUDGET ACCT. OBJ. 12005401411901 PROJ. ID PERSONNEL REQ. NO 2010 -205 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Comnlissloner of Police DATE: call 64 3n SIGNATURE OF APPOINTING AUTHORITY: ' �_ �• ��"° = =�— OR INA O EFORE AFIPOINTMENI D T OTHER COP1E8 TO: N5• COMPTROLLER Vfl- HUMAN SERMEO& VIL SERVICE V. SUDOET 40- OEPAFt,TMEN r li9- DIVISION &10- EMaDXEEtg} #3 (Rev i•02) Certifi of o intment In Compliance vrith piovis - sons of Section Z44 of tine Charter and Chapter 35 -€ of Ito Otdioanm of the City of Buffato, I transmit this cmiftcatIon of appointmeaVs) of proaWioa(s),I forth" Cert€fy that thepesson(S) named in Schedute "A° have been emi €ied of approved by the Human Rew rcea/Civll Service for the AppointmentEffective: June 19, 2011 in the Department of POLICE ]Division of to the Position of P olice Lieutenant (tweirt ono) PERMANENT (insert One) : PROMOTION (Insert One) : at the: FLAT kEnter Starting Salary) : Starting Salary of: $73,312 Schedule. "A° LAST JOLT TITLE, Contingent Perm Police Lieutenant NAME Christopher Mendola LAST DEPARTMENT Police MATE 11/17/09 ADDRESS 458 Traverse Blvd. LAST SALARY $73,312 CITY & Z Tonawanda, NY 14223 LAST DIGITS OF SSN. XXX -XX -9672 - ]_AST JOB TITLE Contingent Perm Police Lieutenant NAME Joseph A. Fahey LAST DEPARTMENT Police DATE 11/17/08 ADDRESS 3683 Breckenridge Road LAST SALARY $73,312 CITY & ZIP Hamburg, NY 14075 LAST 4 DIGITS OF SSN. XXX-XX -80.34 LAST JOB TITLE Contingent Perm Pollee Lieutenant NAME Robert S. Joyce LAST DEPARTMENT Police DATE 11111!10 ADDRESS 34 Larked Avenue LAST SALARY $73,312 CITY & ZIP Orchard Perk, NY 14127 ].AST 4 DIGITS OF SSN. )= - XX - 3788 LAST JOB TITLE Contingent Perm Police Lieutenant NAME Barbara A. Lark LAST DEPARTMENT Police DATE 11/11110 ADDRESS 3761 Trails End Lane LAST SALARY $73,312 CITY & ZIP Wheatfield, NY 14120 LAST QIQITS OF SSN. XXX - LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & LIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001411001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 12005001411001 PROD. ID PERSONNEL REQ. NO 201 ^2044 SALARY RANGE'OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: 6' NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: SIGNATURE OF APPOINTING AUTHORITY: �t ✓ — ' OA[C,INAt y3COPIF�TQ QITY e]N/BEFOREAPPOItI7MENTDATE) OTHER COPIES TO; #5• ,COMPTROLLER 86- HUMAN 8ExV €QEW0IVIl, SERVICE #7•MZI�Z 48• „r3EPARTMENT A9• t)�Vf IS QM #tp EMpLOfBj I 4 FROM THE COMMISSIONER OF FIRE July 26, 2011 City Clerk's Department BUFFALO July 29, 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. 25 Purchase of Fire Apparatus PASSED July 25, 2011. Gerald A Chwalinski City Clerk AUG 8 2011 000 t1. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 21, 2011 FROM: DEPARTMENT: 21 - Fire SUBJECT; [:Purchase of Fire Apparatus PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxtxx/xx) The Buffalo Fire Department has secured $1,006,000 in 2010 capital funding to purchase two (2) pumperslengines. The specifications were submitted to the Division of Purchase and an RFP will be issued shortly. We are requesting approval to go out to bid to purchase this apparatus. SIGNATURE DEPARTMENT HEAD TITLE: Garneli W. Wbitfle , Jr., Gom�l sinner of Fire GWW/sa Mr. Fontana moved: That the Communication dated July 21, 2011 from the Commissioner of Fire be received and filed and that: The Commissioner's request to go out to bid an purchase two (2) pumpers /engines with the $ 1,006,000 in Capital Funding secured by said Department, is hereby granted. - Passed- we 22c -7 -26a AYIE *ISO* FONTANA � � x FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES July 26, 2011 City Clerk's Department BUFFALO July 29, 2011 I MWO ffill M 0 1 M TWO] [091 Malf] 2 VII go Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 26 PASSED July 26, 2011 Restaurant Dance License(Renewal) 533 Amherst Gerald A Chwalinski City Clerk AUG - 8 2011 s 0 Single Page Communication to the Common Council To: The Common Council: Date: July 15 2011 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:533 Amherst St Prior Council Reference: (1f any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 533 Amherst Street for which said renewal application for a Restaurant Dance Class IV license is being sought by Niagara Frontier Post x€1041 and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap #I (Rev. 01/1993) James Comerford CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEVI 'CORK 14202 - INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION DEFERRED TO: LT. POCZKALSKI APPLICATION FOR: NIAGARA FRONTIER POST #1041 LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: LOCA AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER- REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 533 AMHERST ST (716) 877 -9393 NO 00 (000) 000 -0000 221343 06/01/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROV D DATE: - «� - DISAPPROVED DATE: DISAPPROVAL DATE: CALLBACK 'REASON FOR DISAPPROVAL 1-IJST BE STATED BELOW * ** REMARKS: INSPECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSlip2.rp! CITE' 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: NIAGARA FRONTIER POST 41041 INCENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 533 AMHERST ST (716) 877 -4393 NO 00 (000) 000 -0000 221343 06/01/2011 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 1� DISAPPROVED DATE: DISAPPROVAL CALL RACK DA'Z'E: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** INSPECTOR RM# _'� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppS7ip2.rpt LICENSE TYPE: RESTAURANT/DANCE C I Le ; ) AGENCY /DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NIAGARA FRONTIER POST #1041 BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: DISAPPROVAL REASON: 4 BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: REMARKS: r DISTRICT CAPTAIN: APPROVED DISAPPROVED CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST 533 ANMRST ST (716) 877 -9393 NO 00 (000) 000 -0000 221343 06/01/2011 RENEWED LICENSE 2012 DATE: 7 4/, DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW REMARKS: � k — = -'046 q COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO TIKE OFFICE OF LICENSES. THANK YOU. AppSUp2.rpt l �� Mr. Fontana moved: That the Communication dated. July 15, 2011 from the Commissioner of Permits. and Inspections Services be received and filed and that: Pursuant to Chapter 150 of the City of Buffalo Ordinances, the Commissioner of Permits and Inspections Services is hereby authorized to issue a Restaurant Dance Class IV license to Niagara Frontier Post # 1041 for 533 Amherst Street. - Passed- _23e 23c-7 -26a * AYE *NO* FONTANA Map- 5 2f3 -6 *� 314- 7 GOLD E I MAM& LO TO PRIDG RIVERA RUSSE Map- 5 2f3 -6 *� 314- 7 e 0 7 To: The Common Council: Date: July 25, 2011 From: De artcnent Perttiti Ins ection Services Division: Office of Licenses f Type in Up peL and _ Lower Case Only Subject: [: Food More (blew) [: 471 EAST FERRY (Masten) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P, xx/xx/xx Text ( Type Sin lg_e 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 471 EAST FERRY (HUMBOLDT PKWY EXPRESS I1+IC./ALMUGANA:111 FAYEZ) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Si nature of Department Head: JC:PS:rf REFERRED TO THE COMMITTEE ON LEGISLATION. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14.202 INSPECTION /APPROVAL. REQUEST AGENCY /DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HUMBOLDT PKW S LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 471 FERRY EAST 1.1113' /itil& DISAPPROVAL REASON. (716) 883 -6335 ALMUGANAHI FAYEZ (716) 348 -6733 561483 04/11/2011 ('T'O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK ***REASON REMARKS: INSPECTOR. r DATE: AL MUST BE STATED BELOW * ** RM EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. App.Shp2:rpt 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: HUMBOLDT PKWY EXPRESS INC. LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 471 FERRY EAST LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: (716) 883 -6335 ALMUGANAIH FAYEZ (716) 348 -6733 561483 04/11/2011 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK K DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR �> RM## EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSNp2.rpr CITY OF BUFFALO OFFICE OF LICENSES 301. CITY HALL, BUFFALO, NEW FORK 14242 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: HUMBOLDT PKWY EXPRESS INC. LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 471 FERRY EAST LOCATED AT: BUSINESS.PHONE: (716) 883 -6335 _ COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ALMUGANAHI FAYEZ PPL. PHONE; (716) 3486733 APPLICATION NUMBER- 561483 REFERRAL DATE: 04/11/2011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) C APPROVED DI PPROVED DISAPPROVAL CALL BACK ***REASON INSPECTOR DATE: DATE: DATE: AL MUST BE STATED BELOW * ** a.,. tx,s�� s AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppshpIrpr T @7 P0005/0011� r KM u cass 2012 - f -9 1000/1000d W -1 -W ®d3 T0:6L TT,- Z-LO CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202• INSPECTION /APPROVAL REQUEST AGENCY /DEPARTMENT: COLLECTIONS OFFICE REFERRED TO: COLLECTIONS OFFICE APPLICATION FOR: HUM13OLDT PKWY EXPRESS INC. LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: LOCATED AT- BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME;: APPL. PHONE: APPLICATION NU IBER: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: 471 FERRY FAST (716) 883 -6335 ALMUGANAHI FAYEZ (716) 348 -6733 561483 04/11/2011 NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: _ - I .DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: . F }Ig INSPECTOR % ie— 1g ° , ?1 RM f EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppSlip2.rpt 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851-4078 Fax (716) 851 -4952 F All information on this form is public record. ® Mail 0 Walk -in Sole Proprietor 91 Corporation ® Partnership ® Limited Liability Company fee ® Restaurant Dance ® Floor Show $367.50 13 Live Music $210.00 0 Mechanical $131.25 ® Public Dance (based on sq ft) 13 GoGo Dancing $131.25 ® Skating Rink $210.00 0 Bowling Alley per lane $31.50 # lanes ® Billiard Parlor per table $31.50 # tables fee ® Restaurant 1 -200 seats $174,00 ® 201-400 seats $250.00 ® 400- seats $350.00 (on premise consumption of food and /or beverage) ® Certificate of Inspection $56.00 (Public Assembly) Restaurant 500- seats 13 Coin Control Amusement ® 0 -2 employees # games _ per game $47.25 13 Arcade # games _ per game $47.25 13 Music mechanical $52.50 ® Music live, no dancing $52.50 13 News Stand $63.00 fee ® Restaurant Dance ® Floor Show $367.50 13 Live Music $210.00 0 Mechanical $131.25 ® Public Dance (based on sq ft) 13 GoGo Dancing $131.25 ® Skating Rink $210.00 0 Bowling Alley per lane $31.50 # lanes ® Billiard Parlor per table $31.50 # tables Corporation Name Humboldt Pkwy Ex :r.ess, Inc. Business Phone I 883-6335 Business Name (dba) Business Fax ( ) Business Address (no PO Box) 471 E. Fe��y Sheet, Buffalo, NY 14208 Mailing Address (if different) NYS Tax 1D # _ _ peed ing_ Business Website B -Mail Owner(s)/ Principal Partners Applicant (last, first) A1mu anahi Fa e� A.,7. Home Phone (716) 348 - 6733 Houle Address: P Box not acceptable) ]�c1 Date of birth Place of Birth Co- Applicant (last, first) Y — R Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail, ......._. medium d. azroccry_ store /gasoline s tat zoxt selling foo tobacea roducts household odds & XM1 .Kg & gasoline to the general public- Subscribed and sworn to before me I am aware of the obligation to provide timely notice of any change in required this day of MarcV0 11 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 Notary '�` with the business. Initial �t� . �k' of 1'lFSt York Uu- fi i'udi' E `'O `:` As an authorized agent of the entity identified above, I certify the information on this y ornmissiurr Expires 09 For office usa only form is true, correct, complete and current to the best of my knowledge and belief. Application No Print Name Fayez A.J. Almuganahi Date issued: _ Si whit' g bate 5A 1 fee O Restaurant Take Out $ 88.00 IM Food Store $115.00 See additional questions. ® Meat Fish Poultry $150.00 13 Caterer $ 88.00 0 Battery ® 0 -2 employees $ 63.00 ® 3 employees $105.00 13 11 -15 employees $157.00 13 26 -50 employees $315.00 ® 51-200 employees $525.00 Corporation Name Humboldt Pkwy Ex :r.ess, Inc. Business Phone I 883-6335 Business Name (dba) Business Fax ( ) Business Address (no PO Box) 471 E. Fe��y Sheet, Buffalo, NY 14208 Mailing Address (if different) NYS Tax 1D # _ _ peed ing_ Business Website B -Mail Owner(s)/ Principal Partners Applicant (last, first) A1mu anahi Fa e� A.,7. Home Phone (716) 348 - 6733 Houle Address: P Box not acceptable) ]�c1 Date of birth Place of Birth Co- Applicant (last, first) Y — R Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail, ......._. medium d. azroccry_ store /gasoline s tat zoxt selling foo tobacea roducts household odds & XM1 .Kg & gasoline to the general public- Subscribed and sworn to before me I am aware of the obligation to provide timely notice of any change in required this day of MarcV0 11 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 Notary '�` with the business. Initial �t� . �k' of 1'lFSt York Uu- fi i'udi' E `'O `:` As an authorized agent of the entity identified above, I certify the information on this y ornmissiurr Expires 09 For office usa only form is true, correct, complete and current to the best of my knowledge and belief. Application No Print Name Fayez A.J. Almuganahi Date issued: _ Si whit' g bate 5A 1 00020 Single Page Communication to the Common Council To: The Common Council: Date: July 15 2011 From: Department: Dew ent of Permit S Tnspction Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:946 Main St Prior Council Reference: (Many) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx 0, Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 946 Main St for which said renewal application for a Restaurant Dance Class IV license is being sought by Roslyn Righetti *a Ohm Ultra Lounge and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department head Name: Type Title: Signature of Department Head: JC :cap #I (Rev. 01 /1993) REFERRED TO THE COPOMITTEE ON LEGISLATION. James Comerford CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALT, BUFFALO, NEW YORK 14202 INSPECTI APPROVAL REQUEST . AGENCY / DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: OHM ULTRA LOUNGE LICENSE TYPE: RESTAI7RANT/DANCE fD t, v� BUSINESS ADDRESS: 946 MAIN LOCATED AT. AKA 948 MAIN BUSINESS PHONE: 881 -5597 . COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ROSLYN RICHETTI APPL. PHONE: 838 -5077 APPLICATION NUMBER: 539137 REFERRAL DATE. 07/01/2011 RENEWED LICENSE 2012 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISTRICT CAPTAIN: APPROVED DISAPPROVED "'v' f . 8 LAke DATE: DATE: - AppSlip22rpt CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVEN'T'ION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: OIlM ULTRA LOUNGE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 946 MAIN LOCATED AT: AKA 948 MAIN BUSINESS PHONE: 881 -5597 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ROSLYN RIGHETTI APPL. PHONE: 838 -5077 APPLICATION NUMBER: 539137 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RENEWED LICENSE M12 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPR ®VED DATE: DISAPPROVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** 9TN _ INSPECTOR a� Z RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU AppS1ip2rp1 CITY OF BUFFALO O FFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST .AGENCY 1 DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: OHM ULTRA LOUNGE LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: 946 MAIN LOCATED AT: AKA 948 MAIN BUSINESS PHONE: 881 - 5597 COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: ROSLYN RIGHETTI APPL. PHONE: 838 -5077 APPLICATION NUMBER: 539137 REFERRAL DATE: 07/01/2011 REMARKS: DISAPPROVAL REASON: RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 7 - -r _ DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: * **REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** • INSPECTOR RBI# EXT �- AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsirplrpr City Clerk's Department BUFFALO Maly 29, 20:11 gwuq-§* I } 111r ♦a r We Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 29 Sidewalk Cafe -1000 Elmwood Avenue (North) PASSED July 2G, 201.1 Gerald A Chwalinski City Clerk I AUG - 8 2011 2 . Communication to the Common Council To: The Common Council: Date: July 20, 2011 From: Department Department of Permit & Inspection Services ]Division Office of Licenses Subject: : Sidewalk Cafe 1000 Elmwood Av New Owner Prior Council Reference: (if arty) [: 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 1000 Elmwood Ave 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 Vital Life .Juice Bar & Cafe. 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) ** JT Date: Duty 20,2011 To.. Patrick Sole, Jr., Director of Permit & Inspection Services RE: Common Council Communication -- Sidewalk Caf6 Per Ci ` of Buffalo Ordinance Chapter 150, the following is a check list of requirements for a, idewalk Cafe to the Common Council: Zoning Engineering Date Department Permit & Inspections Services 3AAMS COVMRFORD, Jr. Commissioner APP LICATION ter -a E C J Date -716f/ 1l Applicant Name v> AO Vl�Ak Phone (7 g f- I 1 Business Name �,� �� c� �� � �� �. Z � C IA _ Phoxi(? / .business Address 1 6 0 000a), P /00 st r e et EL�Ntih1 City state zip Requirements: I. Applicant has a Restaurant License. (Restaurant License Number (�) Gen6ral Liability Insurance naming the City of Buffalo as additional insured. Name the Office of Licenses .loom 301, Buffalo NY 14202 as the polio holder with a ten (1 - 0) day cancellation clause. 3. Dimensions of the cafe = (k Number of tables Number of chairs 4. Describe method of installing c M boundaries ( ex. wooden deck with railings, wrought icon railings, flower boxes with rope attached). Cafe ma .iaot be er°inanent armed to the main building or the public sidewall 5. Provide a drag of the proposed cafe° Show the existing building, the area to be occupied by-the cafe, and the area ofpublic sidewalk remaining for pedestrian. passage. A minimum.of fouefeet Of Un interrupted public sidewalk must exist after installation of the cafd: Use the reverse side if needed. Subscribed and sworn before me this day of 20 Con issiouer of ds is an for the City of Buffalo ff scant Signature Signature of owner of building, if different ifferent than appliceufi City of Buffalo 65 Niagara Squa E)uffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 07/21/2011 01 :09 PM Submitted By DAVID KRUG t Page zwam MAN 401327 ENGINEER ENCROACHMENT OVER CITY ROW? Approved Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses. Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 156297 r r a PERMIT FEE P 07120/2011 16:19 25.00 APPLICATION FEE P 07/20/2011 16:19 25.00 Total Unpaid_ 0.00 Total Paid 50.00 S�3Si�r•�+�' -R �� � Y %`� �_'e� �J -. L.. S-'/5 ,I '��,:..zi-�s -? Y v+ ? , f� ,2 . - ' ! G� - -i, � S // 3- 401327 ENGINEER 1 N 041091200815:06 041091200815:10 041091200815:10 MURPM PERMISSION GRANTED TO ENCROACH CITY R.O.W. WITH CAFE. 8' PROJECTION FROM BUILDING FACE LEAVING 4.25' UNOBSTRUCTED SIDEWALK.13' IN LENGTH. 401328 CC APP 1 N 04129/2008 00:00 05/0812008 00:00 LEHNC SIGNED BY THE.MAYOR ON 518/2008 RETURNED TO THE CITY CLERKS OFFICE ON.5/912008 1ti J 0 r r 7 Detail 1_ PRIOR REQUIRED APPROVALS Modified By grund Modified Date/Time 04/09/2008 15:05 Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (can't) Kermit Office ❑ Arts Comm. Approval ❑ Subdivisions Q Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certifiied check ❑ Assessment Combination Common Council ❑ First Insurances Check City Engineering ❑ Admin Offioe/Apts R4 ❑ Notarized Permission/ D Public Works approval ❑ Curb Cuts E) Beauty Parlor R2 for portable sign one year Encroachment ❑ Canopy /Marquee ROW Lease showing Use encroachment ❑ RodentfVermin Bait ❑ ❑Freestanding Sign ❑ sewer Retention Oversize Trucking ❑ SewerANater Cut ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition O Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple, Plan Approval ❑ Tree over 4" at 4' ® Restricted Use Permit ❑ Zoning /Use Check City Planning ❑ Other Citywide Site Plan [] ❑Thruway Sign approval Preservation Board ❑ Subdivisions Environmental Review D Zoning Variance . ❑ Urban Renewal ❑ S.E.Q.R.A. Preservation District ❑ 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 No Conditions CITY OF BUFFALO OFFICE OF LICENSES 301 CITY FALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF .ZONING & USE ' REFERRED TO: APPLICATION FOR: VITAL LIFE JUICE BAR & CAFE LICENSE TYPE: SIDEWALK CAFE BUSINESS ADDRESS: LOCA A BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS- DISAPPROVAL REASON: 1000 ELMWOOD (716)345 -9101 DE 05 ANGELO ASHKER (716) 405 -7096 563208 07/08/2011 NEW LICENSE 2011 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) SQUARE FOOTAGE 1 01 ; �) , :- y APPROVED DATE:' DISAPPROVED DATE: DISAPPROVAL CALL RACK DATE: ""REASON FOR DISAPPROVAL MUST BE STATED BELOW" INSPECTOR RM# ' EXT A AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. AppSl p2.rpt BUIL m Byron W gown, Mayor Application Type: OUTDORCAFE owner: 1000 EL.MWOOD ASSOCIATES L 773 NIAGARA FALLS BLVD AMmr-mc)T, NY 14226 Contractor: OWNERITENANT S9A. No.: 0896900003019000 Land Use: 482 - DOWNTOWN Census Track: 63.01 Inspector: Gary Ziolkowski (71.1 Department of Permit & Inspection Servi .. Building a Better Buffi e� Fee(s): $ 50.00 License No.: 222222 License Type: SPC Value: $0.00 Plans: No REQUIRED, SECTION REQUIRED. CREATE A r Commissioner, Dept of Economic Development Thank you for investing in the City of Buffalo AND AS SHOWN ON APPLICATION NUMBERED ABOVE. WHICH APPLICATION IS MADE PART OF THIS PERMIT. . � ALL GENERAL CONTRACTORS AND SUB — CONTRACTORS MUST CARRY A CITY LICENSE" THIS PERMIT IS VOID IF FOUND TO BE ISSUED IN VIOLATION OF ANY LAW OR ORDINANCE AND CONDITIONS STATED ABOVE. THIS PERMIT MIDST BE DISPLAYED WHERE IT IS VISIBLE FROM THE STREET Signature of Contact/Contractor Gate: 7/21/2011 Apply for your next Building Permit Online at http://Www.city-buffalo.com 0 V Mr. Fontana moved; That the Communication dated July 20, 20.11 from the Commissioner of Permits and Inspections Services be received and filed and that: .Pursuant to Chapter 150 of the City of Buffalo Ordinances, the Commissioner of Permits and Inspections Services is Hereby authorized to issue a Sidewalk Cafe License to Angelo Ashker for the Vital Life Juice Bar and Cafe located at 1000 Elmwood Avenue. -Passed- -24.A.- 24Ac -7 -26a AYE NO 'IL ® /fig FO 'NA FRAN CZYK :F GO Y KE SS T®'i PRED RIVERA 9� 41 (Rev. 1/93) Single Page Communication to th Ucouncil To: The Common Council: Date: July 21, 2011 From: Department of Economic Develo anent Permit & Ins ection Services Division: Office of Licenses ( Type in Upper and J J Lower Case Only Subject: [: Second Eland Dealer [: 450 Niagara St (Ellicott) C� Prior Council Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Tvpe Sin 1 e Space Below `€ Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 450 Niagara St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Ali Rink. The attached thereto for Ali Rizek d /b /a/ Beir Nabala Watch Company. This request is submitted for your approval or whatever action you deem appropriate. R ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Type Title: Signature of Department Head: XT&Jd z Date® July 21, 2011 T®. James Comerford, Commissioner From: Patrick Sole Jr., Director of Pem - iits & Inspection Services E: Common Council Communication Second Hand Dealer at 450 Niagara St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for cond Hand Dealer application to the Common Council: oning Office ire Prevention ding Inspection Police Department Police Record Check Application Director'Permit & Inspection Services Date 1i AGENCY It DEPARTYANT: POLICE r 1 {] -.. ,�' .�,. ) � �• - i <. � F, -. � .11e� _E.. _7 ]BUSEI SS ADDRESS: LACA'I lEA AT; BUSINESS P''O )NE: CO V NC)I I)ISTI PO � DISdRXCT. APP NA ME: A P Ply. PH APPLI C �yyyy AA �� ) q APPL y IMER: MERR AL A i 7D 4 N'.AOARA (7 $54.2700 EL 10 ALI R= (716) 830 -4932 .563164 07/0612011 DATE: RE AM; POLICE RECORD ATTACHED DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY /DE Ai TMZNT REFERRED T©) �® DATE: - 1 1 ® I DI STRICT CAPTAI AP NEW LICENSE 2012 S dJL'A1 �aa. 'REASON FOR DISAPPROV MLS BE STATED BE * *� llolm AppSlipbpr ZU -d 9000/Mood LIZ -1 -WOHd LL:Ol IL, -TZ -LO ` �., »wl d ■`� < 2� � TATS ONE W YORK 2O 2 ?<. ,. :+?a3±2dz : # m 2011 ' befin se ' m me. _ .. � K :# . . 2 » * . : .. UP . .......,. .. *: ±.:: . .. . . .. .. .. . . ..... . .� .� ... . , . . . . . - -�»- ittC \ /!T7- 1 9000/9000d LK - 1 - WOHA Lf :§f I; CIZ OAS C%4 C-1 lz I v UA - ( 10 CMD CD M EL 4 0 BUFFALO POLICE DE'PARTMENT ft"" Daw. 0710612011 . 13' Report Pentegs By PIAZZA, LAUR WWw�' RAP SHEET Page: I of I ............. 21 lid .fir I luz Nof based on Fingorprfats' CITE'' OF BUFFALO OFFICE OF LICENSES 30I CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BEIR NABALA 'WATCH COMPANY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 450 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 854 -2700 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ALI RIZEK APPL. PHONE: (716) 830 -4932 APPLICATION NUMBER: 563164 REFERRAL BATE; 07/0612011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: / - ` ISAPPROVED DATE: DISAPPROVAL CAY I, RACK DATE: "'REASON FOR DISAPPROVAL MUST BE STATED BELOW* ** D it :..,. INSPECTOR SECTOR RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsl ip2,rp1 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: BEIR NABALA. WATCH COMPANY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 450 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 854-2700 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ALI RIZEK APPL. PHONE: (716) 830 -4932 APPLICATION NUMBER- 563164 REFERRAL DATE: 07/06/2011 REMARKS: DISAPPROVAL. REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: DISAPPROVAL CALL BACK DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW *** REMARK: INSPECTOR RM## EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsrp2.rpr CITY OF BUFFALO OFFICE .OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 i ? 1r INSPECTIONIAPPROVAL REQUEST AGENCY / DEPARTMENT: OFF. OF ZONING & USE REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: BEIR NABALA WATCH COMPANY LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 450 NIAGARA LOCATED AT: BUSINESS PHONE: (716) 8542700 COUNCIL DISTRICT: EL POLICE DISTRICT: 10 APPLICANT NAME: ALI RIZEK APPL. PHONE: (716) 8304932 APPLICATION NUMBER: 563164 REFERRAL DATE: 07106/2011 REMARKS: DISAPPROVAL REASON: NEW LICENSE 2012 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) DATE: r E R -_- - ODD DATE: DISAPPROVAL CALL BACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" INSPECTOR R # EXT L I M t AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. Appsriparpf fee fee - 0 Used Car Dealer $261511 Cl Tire Handier I $118.00 Tire Storage Information 10 -1000 tires Inside storage Ye s —no Second Hand Dealer $118.00 ❑ Tire Handler ft $262.50 Outside Storage yes _ no over 1000 Lures; Include NYS Environmental Conservation Law fart 360; Storage plan and ® Scrap Processor $ 78.75 General Liability Insurance at least $50,000 ® Flee Market fee both for personal injury and property damage, 1 - 10 tables $ 78.75 * Wholesale Junk Dealer $262.50 must contain 10 clay cancellation clause with 11 -25 - tables $155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Dame r _ L h . JC riU Business Phone lls) I OF Business Name (d6a) Y {�" Business lynx Business Address (n© Po Box) Mailing Address (if different) NYS Tax ID # l' 1 t:(1.1 Business Website E -Mail kl tai " S'C1AI W Owner(s)/ Principal Partners, Applicant (last, first) Home Phone -��) _• l-IG� ?, Home Address: (PQ Box not acceptable) Date of birth Place of Birth z nA-,�oL1e rn Co - Applicant (last, first) Home Address: (P0 Box not acceptable) Date of birth Place of Birth Subscribed and sworn to before me thi - clay of t 20 1 1 ra nission of 4s in and for 40 City of Buffalo, New York 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 fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information.on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name �� 1 Signature A- Date I 1 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS July 26, 2011 City Clerk's Department BUFFALO July 29, 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. 31 PASSED July 26, 2011 Sale of Scrap Plastic (Garbage Totes) Gerald A Chwalinski City Clerk AUG 00031 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: J uly 13, 2011 FROM: DEPARTMENT OF ADMINSTRATION, FINANCE, POLICY& URBAN AFFAIRS- PURCHASE Po. PRIOR COUNCIL REFERENCE: (IF ANY) Ex Item No. xxx. C.C.P. xx xx xx [:SALE OF SCRAP PLASTIC (GARBAGE TOTES) THE DIVISION OF PURCHASE SENT OUT BIDS FOR THE SALE OF IT'S SCRAP PLASTIC GARBAGE TOTES TO FIFTEEN (15) VENDORS AND TWO (2) BIDS WERE RECEIVED. THE CONTRACT FOR THE SALE OF OUR SCRAP PLASTIC GARBAGE TOTES WILL BE FROM THE DATE OF AWARD TO JUNE 30, 2012. THIS AGREEMENT MAY BE RENEWED FOR THREE (3) ADDITIONAL ONE ( 1) YEAR PERIODS, IF AGREEABLE TO BOTH PARTIES_. BIDS WERE RECEIVED FROM HEI RECYCLING, AND REHRIG PACIFIC AS FOLLOWS: REHRIG PACIFIC: 0.11per lb HEI RECYCLING: 0.12per Ib THE AWARD IS TO BE MADE TO HEI RECYCLING THEY WILL GIVE US THE HIGHEST PRICE. SIGNATURE WILLI AR If AEAD TITLE.- DIAMOR SUND Mr. Fontana moved: That the Communication dated July 13, 2011 from the Director of Purchase be received and filed and that: The Director of Purchase is hereby authorized to enter into a contract for sale of scrap plastic garbage totes to HEl recycling at a rate of $0.12 per pound, as that is the highest price quote received from responsible bidders. - Passed- - 25.A.- 25Ac -7 -26a * AYE *NO* FONTANA FRANCZYK GOLOMEBEK x KEARNS LO TO p GEC x RIVERA RU SSELL aj , - 3 213 -6� 3/4- 7 ##4 (Rev 7 -07) 0003 Cert i f icate 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 trans €nit this certification of appointntent(s) or pro €notion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the.Human Resources /Civil Service for the Appointment Effective: 07/1812011 in the Department of Admin & Finance Division of Urban Affairs to the Position of Intergovernmenal Coordinator Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON Minimum, intermediate, Maximum, Fiat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 50,269 LAST JOB TITLE Sr Special Assistant NAME Mike Marcy LAST DEPARTMENT Permits DATE 07/2011 ADDRESS 705 Richmond Ave LAST SALARY 46,269 CITY & ZIP Buffalo, 14222 LAST 4 DIGITS OF SSN. XXX -XX -6749 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 11159001 TITLE CODE NO 1971 BUDGET ACCT.'OBJ. 411001 PROD. ID PERSONNEL REQ, NO 2011 -01 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Janet Penksa TITLE OF APPOINTING, AUTHORITY: Commissioner of Ad, Fin, Policy & Urban Affairs DATE: 07118/20 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CrrY W_ ON18Ez� APPOIN I Mt;N i CJA I OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION 48- - EMPLOYEE(S) �6 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING July 26, 2011 #4 (Rev 7 -07) 00033 Certificate t `v In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or pronrotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Rcsources /Civil Service for the Appointment Effective: 07/0512011 in the Department of Community Services and Recreational Programming Division of Senior to the Position of Senior Citizen Specialist Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) P 0Vh% X4Al. Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $33,303 LAST JOB TITLE NAME Louise Froncxak LAST DEPARTMENT DATE ADDRESS 156 S. Ogden St. LAST SALARY CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN. XXX -XX- 4673 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 16512001 TITLE CODE NO 9390 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2010-169 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Otis T. Barker Sr. Deputy Commissioner of Community Services and Recreational Programming 6129111 . ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMEN DATE OTHER COPIES TO; #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE 95- BUDGET 46- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) FROM THE COMMISSIONER OF HUMAN RESOURCES July 26, 2011 City Clerk's Department BUFFALO July 29, 2011 M IMAI i I Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 34 PASSED July 26, 2411 Contract Palladian, Formerly Known as Prism Quality EAP Employee Assistant Program Gerald A Chwalinski City Clerk AU 2 r _, SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: BATE: July 20, 2011 FROM: DEPARTMENT: DEPARTMENT OF HR /DIVISION OF PERSONNEL SUBJECT: [:CONTRACT [:PALLADIAN, FORMERLY KNOWN AS PRISM QUALITY EAP [:EMPLOYEE ASSISTANCE PROGRAM PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xx/xx /xx 1(-"; The Department of Human Resources /Division of Personnel has selected Palladian,formerly known as Prism Quality EAP to provide the City of Buffalo with an Employee Assistance Program.The department of Human Resources sent out Request for Proposals and six companies responded. A committee reviewed all submitted proposals and determined that not only was Palladian the lowest bidder, the company had extensive experience working with municipalities. The Employee Assistance Program is a contracted benefit provided by The City of Buffalo to their employees and dependents to assist them with difficult or troubling situations in their lives that may affect their performance in the workplace. This contract will consist of early intervention for troubled employees which can prevent the progressive decline of work performance. The EAP will offer solutions for issues such as emotional distress, alcohol and/ or drug use,family conflict, marital /relationship concerns, financial and legal difficulties or the overall inability to perform a job at a minimum acceptable standard, The Department of Human Resources /Division of Personnel respectfully requests authorization from the Common nuncil to enter into a contract with Palladian for the administration of the Employee Assistance Program for the City of Buffalo. The proposed contact will begin as soon as possible and the agreement will be effective on the effective date and will continue in effect for an initial term of one year and then for successive one year terms unless either Party provides the written notification that either elects not to renew the agreement. SIGNATURE 9S } DEPARTMENT HEAD TITLE: OLIVIA A. LICATA, ACTING COMMISSIONER OF HUMAN RESOURCES ` 4 i i Palladian Employee Assistance Program City of Buffalo Agreement to Provide EAP Services Agreement effective as of the 1st day of July 2011 between Palladian Health, LLC, a Delaware limited liability company, having its administrative offices located at 2732 Transit Road, West Seneca, NY 14224 (the "Contractor ") and the City of Buffalo, a municipal corporation, having its offices located at 65 Niagara Square, " Buffalo, NY 14202 (the "Organization "). In consideration of the mutual promises and agreements hereinafter set forth, Contractor and Organization agree as follows: 1. PURPOSE: The Purpose of this Agreement is for the Contractor to provide Employee Assistance services to employees of the Organization, its divisions and subsidiaries and dependents of the employees. 2. DURATION: The term of this Agreement shall commence as of July 1, 2011, or, if later, the date this Agreement is executed by the Organization (the "Effective Date ") and shall end on June 30, 20-12. The term of this Agreement shall be renewable for up to an additional two more single year terms upon the mutual written consent of the parties. Each of the two such single consecutive year renewals shall be effectuated only upon written consent of the.parties. In the event that the Contractor does not wish to renew, the Contractor is obligated to provide the Organization with at least 60 days prior written notice, 3. EMPLOYEE ASSISTANCE PROGRAM: Employees, their spouses and their Dependents who reside in the same household are eligible to receive EAP Services. "Dependent" shall mean an individual who is a dependent person for federal income tax purposes. Verification of eligibility is made at the first visit via presentation of an employee identification badge, current paycheck stub. At minimum, Contractor agrees to provide the following services to the Organization's employees and their dependents: Unlimited. calling access to the EAP Services. o 24 -hour toll -free access to Qualified Employee Assistance Professionals, Consultation regarding the program, including its overall design, development, implementation and administration. This will include information to assist the Organization in the development of a comprehensive, clearly defined policy and procedures statement. A face -to -face evaluation to assess each individual's problem and determine the appropriate level of intervention and /or treatment. Confidential Page 1 6126/2007 ® Up to three (3) EAP sessions to include information, evaluation, referral and short- term counseling for a range of employee, problems; Employee missed or canceled sessions will be counted against the three (3) EAP sessions provided under the Contract. s Referral coordination to external treatment providers as appropriate. ® 8 Employee. or Employer EAP Orientations annually. Sessions provided annually and scheduled as mutually agreed upon by Contractor and the Organization.. The Orientation presentation is also available via our website. Participation annually in two events, such as a Benefit Fair, sponsored by the Organization in which employee participation is anticipated. 15 EAP training hours, The Organization is responsible for scheduling the trainings with the Contractor. EAP trainings not scheduled during the quarter do not accrue. Follow -up on each case, unless refused by the employee, to determine rate of success of the EAP process or need for further evaluation. ® Marketing materials including brochures, announcements, posters and other appropriate means in.reasonable quantities and at reasonable times. throughout the year. Ongoing evaluation and reporting sufficient to enable Organization to measure the effectiveness of the program. s . Quarterly and annual reporting of program results and utilization. 4. FEES: in consideration of the services provided by the Contractor under this .Agreement, Organization shall pay Contractor a fee of $13.75 per employee for year one, if renewals are exercised, $14.03 per employee for year two, $14.24 for year three, billed in quarterly increments, based on an employee count of 2552. Organization shall provide its employee count to Contractor no later than thirty (30) days after the lst of each year. Organization shall also provide its employee count to Contractor in the event that the Organization experiences an increase or decrease in the number of its full-time employees greater than ten (10) percent. Such notification. shall be made to the Contractor by the Organization= later than the first day of the quarter following the change. The employee count shall be subject to-verification by record submission as mutually agreed upon by the parties upon reasonable notice to Organization. Payments are to be made quarterly, with the first payment due no later than sixty (60) days after the effective date set forth at the head of this Agreement or the date this Agreement becomes fully executed' by the parties, whichever is later. Significant changes in the employee count (i.e. increase or decrease in the number of full -time employees greater than ten (10) percent) may result in an adjustment in the EAP price per employee per year. Any 2 F 15.4 Organization shall have the right to terminate this Agreement with sixty (60) days notice for failure of Contractor to fulfill any requirement of this Agreement. Such termination shall only become effective after Contractor has had an opportunity to remedy such breach of not less than fifteen (15) days. 15.5 If work is terminated pursuant to this Agreement, Organization shall pay Contractor pro -rata through date of termination of this Agreement for the EAP program. 16. SE'V'ERABILITY: In the event that any part of this Agreement be illegal or unenforceable under the lave as it is now or hereafter in effect, either party may terminate this Agreement. Unless terminated, the parties will be excused from performance of such portion or portions of this Agreement as shall be found to be illegal or unenforceable .without affecting the validity of the remaining provisions of this agreement. Notwithstanding anything to the contrary which could be construed by reference to any of the foregoing, the Request for Proposals issued by the Organization (the ".RFP") is attached hereto and made a part hereof to the same extent as if fully set forth herein. To the extent that the scope of work and or terms and conditions set forth in the RFP differ from those set Birth in this Agreement, the Organization shall have the right to insist upon the scope of work, and /or terms and conditions (or components thereof) as is (are) set forth in the RFP. Further, notwithstanding the foregoing, the "peer review" component of the RFP is not to be included in the contracted for services and is to be deemed eliminated from the RFP. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Buffalo, New York, on the day and year first written above, Palladian Health, LLC: City of Buffalo: By: By: Name: Name: Title: Title: x AS TO FORM ONLY C'Q QrG Ent � dbul By G Pu Mr. Fontana moved: That the Communication dated July 20, 2011 from the Department of Human. Resources / Division of Personnel be received and filed and that: The Acting Commissioner of the Department of Human Resources is hereby authorized to enter into a Contract (of the same substance as that attached to the above item), with Palladian, formerly known as Prism Quality EAP, for the administration of the Employee Assistance Program. -Passed- ME 28c-7-26a *AYE *NO* * FONTANA � * FRAN * GOLD E * RE S * LOCUR'TO * PRID GEN m * RIVERA RUSSELL FROM THE CITY CLERK July 25, 2011 0 0 0' H3 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 07120/2011 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention -Name New Street [:In Colvin Estates Subdivision [:Rachel Vincent Way [:ccp# 47, 7112 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxx/xx This is to advise you that the public hearing for the above item is set for 09/06/2011 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 08122/2011 and 08129/2011. h i d, {. SIGNATURE DEPARTMENT HEAD TITLE: City Clerk r� i- f No. 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 20 Allen St Funky Monkey East: Allen Two Corp 36 Broadway The 2nd Cup The Coffee Cup on Breadway lm 904 Abbott Brick Oven Bistro & Deli Brick Overt Bistro Deli Inc 825 Bailey Ave J & S Adymy's Wonderfull opportunities Inc. 1458 Hertel Aire Guttuso's North End Trattoria Wood Fired Test LTD 1285 William The Body Shop PEI Enterprises Inc. 692 Fulton Szara's Tunies Tavern James J. Szaras RECEIVED AND FILED July 26, 2011 g C: U 6 , STATEOFNEWYORK 3tmdurchied IVt1TC� FQ CDlll /titfld "< r L rmc Ot&� DIVISION OF ALCOHOLIC BEVERAGE CONTROL SPATE LIQUOR AUTOORITy Alte)���v pic�tio>1>� o for an �- ca1lt�Iic 1levers�e Liaettse 1 Date theorr al co of tfus flot€ce was mailed to Yhc Local. M.nidVality ar Community l3aard: gm Py 2. Name of the Local Municipality or Community noavd: I C l �- � � � V 3. Types) of alcohol sold or to be sold under the license El { ° an ; Beer Only Wine and Beer Only Liquor, Wine, and Beer Extent of 4, food service: ® Restaurant (Sale of food primarily; Fbll food menu: Tavern / Cocktail Lounge / Adult Venue/ Bar (Alcohol sales primarily- (-X-cncl Kitchen run by chef) meets legal minimum food availability requirements) 5. Tyler of '" f lave Disk Juke patron Dancing Cabaret, Night Club, Discotheque Capacity for SOFT establishment: Hotel 1 1 Music Jockey Box ® (Small Scale) � Lai e Scale Dance Club l � ( g ) or more patrons (` Club (e.g. Golf / Bed ti Catering 0 Ycranks 0 TOP - tl�atapply) FraternalOrg.). Breakfast Facility less Restaurant Recreational Facility Bar fit, (Sports Facility /Vessel) Licensed (lone Roofto g Garden Sidewalk � Other P & outdoor area: ® p ( atio ® Covered S n / (j or C7eck Coved Structure Grounds Cafe (Specify): 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ('W ne : YES No 8. MUPPMrs l numbar: j ilding I N (0- J � 9. Expiration I?ate: 10. r or license ho name, as it �i PPears or will athe license: � A � � -j" � l� ,t7 )� I t. e name, if any, ich the establishment cowill conduct business: V V"'+ 12 hment is locatethe building ich has the follt address: L L— V- 7`� 13. or Village: � U Zip Code: U� 14 . The establishment is located on the fol lowing floor(a) of the building at the above address: 7� 15 . Within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant /ticensme ) " 17 . Business fax number of applicant/ licensee: b _ 18. Business e-mail address of appficant[liaensee: Does the applicant or license holder if °YES°, 3K1P items No. 20 -23. 1f tlC?, ANSWER items No. 20 -23, 19 . own the building in which the Camplate the 3 entries and Complete th 3 establishment is located? ('V one YT's ® e entries . at ltem lto 3 �) at item iVo. 24. IVO 20. Building owner's full name is: 21. Building owner's street address: Ae OT2y�g� P/ 22. City, Town, or Villager Zip ce: 23 Business telephone number of building owner: 24 _ s iF 3 t?Al ra l "n Painted Rmma - - __ fj. T G. ( � Date 07/05/201.1 OFFICE OF THF- .MAYOR CITY OF BUFFALO To Whom it May Concern: Please be advised that a waiver of the 30 day notification is being requested by EAST ALLEN TWO CORP dba FUNKY MONKEY located at 20 ALLEN STREET, BUFFALO, NY 14202 for an ON PREMISE RESTAURANT BEER, WINE AND LIQUOR license. This request is made to expedite the licensing process with the New York State. Liquor Authority for this establishment. If such waiver is granted, please forward it to Robert Heil 5008 Mount Vernon Blvd. Hamburg, NY 14075 If you have any questions please contact me at 716 - 512 -5018 Thank You, f Robert Heil Liquor License Consultant E LD 00 - rT — standardised A.I.,TERATION APPLICATION NOTICE FORM for Providing a 30 -Da Advance Notice to a Local Nlunicioality or Cordniunity Board � in cannectiott with dre submdssloa la the Stare LiguorAulharity of the ' Avviieatlon for Perrnission to Make Alterations for the 6j blishmcnt Identified in this Notice I. Date the Original copy of this Not'sce was Ma "sled to the Local Munieipaliry ar Commrnity Board: � � Ie # : _C i / Name of the Local Municipality or Community Board: C N; tee c Street Ad ress of Local Municipality or Community Boa €d: 3. 4. _qty, Town or Village: { �7�� 5. Zip Cade: NY .. G.} f 1 � Telephone Number of Clerk of Locnl Municipality or Community Board: APPLICANT INFORMATION Applicant's Full Flame as it Appears on the License Certificate: License Serial No. 5. Gk Street Address of Premises City, Town or Village -Zip Co dc County Telephone Na. 7. �� -.I & �� f-le_kb 1 . ) 8 jo6q 8 Type(s) of Alcohol Currently Sold and e License: j 8. ( "X" one) Beer Only 1®1 Win and Beer Only Li uor, Winc and Beer C14ANGM /ALIEI Check One ® Sybstarltial Alteration Any enlargement or contraction of a licensed premises. Any physical changes to the exterior, that involves the creation or relocation of any window or door, and any interior changes of physical structure. Any change in size or location of bar, or dining and kitchen 9, facilities. or Minor Alteration One costing and valued at less than ten thousand dollars, which does not affect the material character or physical structure That existed at the time of lieensin . Where will the Alteration be contitLW to? ❑ If interior, will the Occupancy change? Yes or No 10 . - ntcrior xterior O nericir and Exterior If Exterior, do you plan on utilizing outdoor areas? If Yes, which outdoor area? Check One 11. Yes qr No ® Roofiop Patio or Deck ® Freestanding Covered Structure ®Garden/Grounds ®Other Is a Building Permit required for this type of Altemtion? Yes or No Ifso, has permit been applied for? Yes or No 12. lzs n Z_ Will any entrance or exit of premises as altered be within 200' ofthe entrance to a school, church or synagogue or other place Will there be a change ofaddress upon completion of 13 ofworship? Yes or No Altera tions? Yes or No Are there any known limitations by the County or Municipality for this type of Alteration? Yes or Na Is so, what are they? 14. K� 1" 5 C SYI C V _Lf_ P__ Attomey's Street Address: City, Town or Village: Business Telephone Number: 16. 1�} � `Zr;�TICL kv l uj ib .,, , -; „ ,:: ...: ... ':; � 'sv }J- •. a ,» ] uy _ ..tare, I ttftri#tr ttltder; 3 ��tl der nr - teat ih1;r ieaaniatt t its mtd� iii slits f4rm;are Etna.. Printed Name Title Signa r Vim-{ 1- — � �� (-`uL C� �� �� , rte STATE OF NEW YORK i 1 EXECUTIVE DEPARTMENT DIVISION OF ALCOHQL[C BBVEtLlGL CONTROL STATE: LIQUOR AUTHORITY standardised A.I.,TERATION APPLICATION NOTICE FORM for Providing a 30 -Da Advance Notice to a Local Nlunicioality or Cordniunity Board � in cannectiott with dre submdssloa la the Stare LiguorAulharity of the ' Avviieatlon for Perrnission to Make Alterations for the 6j blishmcnt Identified in this Notice I. Date the Original copy of this Not'sce was Ma "sled to the Local Munieipaliry ar Commrnity Board: � � Ie # : _C i / Name of the Local Municipality or Community Board: C N; tee c Street Ad ress of Local Municipality or Community Boa €d: 3. 4. _qty, Town or Village: { �7�� 5. Zip Cade: NY .. G.} f 1 � Telephone Number of Clerk of Locnl Municipality or Community Board: APPLICANT INFORMATION Applicant's Full Flame as it Appears on the License Certificate: License Serial No. 5. Gk Street Address of Premises City, Town or Village -Zip Co dc County Telephone Na. 7. �� -.I & �� f-le_kb 1 . ) 8 jo6q 8 Type(s) of Alcohol Currently Sold and e License: j 8. ( "X" one) Beer Only 1®1 Win and Beer Only Li uor, Winc and Beer C14ANGM /ALIEI Check One ® Sybstarltial Alteration Any enlargement or contraction of a licensed premises. Any physical changes to the exterior, that involves the creation or relocation of any window or door, and any interior changes of physical structure. Any change in size or location of bar, or dining and kitchen 9, facilities. or Minor Alteration One costing and valued at less than ten thousand dollars, which does not affect the material character or physical structure That existed at the time of lieensin . Where will the Alteration be contitLW to? ❑ If interior, will the Occupancy change? Yes or No 10 . - ntcrior xterior O nericir and Exterior If Exterior, do you plan on utilizing outdoor areas? If Yes, which outdoor area? Check One 11. Yes qr No ® Roofiop Patio or Deck ® Freestanding Covered Structure ®Garden/Grounds ®Other Is a Building Permit required for this type of Altemtion? Yes or No Ifso, has permit been applied for? Yes or No 12. lzs n Z_ Will any entrance or exit of premises as altered be within 200' ofthe entrance to a school, church or synagogue or other place Will there be a change ofaddress upon completion of 13 ofworship? Yes or No Altera tions? Yes or No Are there any known limitations by the County or Municipality for this type of Alteration? Yes or Na Is so, what are they? 14. K� 1" 5 C SYI C V _Lf_ P__ Attomey's Street Address: City, Town or Village: Business Telephone Number: 16. 1�} � `Zr;�TICL kv l uj ib .,, , -; „ ,:: ...: ... ':; � 'sv }J- •. a ,» ] uy _ ..tare, I ttftri#tr ttltder; 3 ��tl der nr - teat ih1;r ieaaniatt t its mtd� iii slits f4rm;are Etna.. Printed Name Title Signa r Vim-{ 1- — � �� (-`uL C� �� �� • S"FATE YORK R W ' i.,..,3" 1111117'111.. R7"111HIkfI' DIVISION OF ALCOIfOLIC REVEFAGE CONTROL S LIQUOR AUT110RITY Slandardfaad Nf)'I'ICF, FORaN fort'ravitflikga 3D id a rtrli to a J&Ed 4ltutiei or 't imi Boar$ in cwmeajon with the ssbrsr ton to the SlatarLegaarAutfrairy afa �Gi !!iP$ - i r-) .. New Application Ag Renewal ADDlication ❑ li Mtera#iop Application. Q fat an (3t1- Erell h s Mixiholir Beverage Liccllse 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: f'Ii15 �#1mCJfiY A13VEkEIC� E1fyrIC� I� SING P�YID1iI# TO - Tlrfi CLT311tG O�"1'1l8 i%[7S,1ASiiI #� �41dtrHhGlPfkLl'E`If �Ft C'£7ltiltifJNFPS` HOAK© - 2. Name of the 1.o�al Municipality or Community Board: U >70R tAili Y fS Lt +1G i1 pSrlkl r 7tF3 :T2AT- FM ALTMATM kVMC" M ATTAtM.400 AUK T ri FQRTK kIoL? O3 O? 14 [T GF : :: 136�rP[Y3t V2*.VUrt31!'.o.CM Y€ m UzTjioD 3 Type(sl of alcohol sold or to be sold under the license Beer Only Wine and Beer Only Liquor, Wine, and Beer Extent of road lV i Kastsurant SalooCfood Primarily; Mill food menu; � Tavern / Cocktail Wun e / Adult Verne Bar Alcehol sales primarily 1"�l I [ E 1 3 : H / [ p x 4. service: Kitchen run b chef} meets legal in "mum food availability requirements) 0 Rule 5 ' Type of Live risk Juke Pa g Patron Dancing Cabaret, Ni q t Club, Discotheque Capacity for 600 Hotel 11 � ® � establishment; Music Jockey Pox (Smell Scale) (Large Scale Dances Club) or more patrons � (` X all that apply PP x) Club olf / Bed €� Catering Kareeke Tog Recreational Facility (e.g. B• S less Resta t Fraternal Or Breakrsat Facility Bar ltkra nt (Sparta Facili Vessel � y "\ rx/ 1 � 6�1 Ent. & Licensed Patio Fmcatanding ®None Rosltop ®or Garden / Sidewalk Other 1:1 Care outdoor area: Heck Covered Structure Grounds (5peciCyj: 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ('X" one : Y1 S [ [ NO 8. License srrial number: pl✓...1 9. Expiration Cute: [D. The applicant's or license holders Cull name, as it 6 � Appears or will appear on the license: 1 11. The trade name, if any, under which the estahfishmeAnt g, , r /r/ conducts or will conduct business: / / rat/ 12. Tito estabhabment is located within the building e Which his the following street address: a 13. City, Town, or Village: ] Zip Code: �� O 14. LL The establishment is located on the following llotkt{aj of the building at Ehe above address: ' $ fA 7[b�s' ;P''l 15. Within the building at the above address, the establishment is located within the room(a) numbered as follows: 06W) ` &I-5 Ib. Business telephone number of applicant /licensee: 17. Business fax number of applicant / licensee: - - 18. Business e-mail address of applicant /licensee: €Ices the applicant or license holder if YES ° , SKIP items No. 20.23. If "NO', ANSWER items No. 20 -23, 19. own the building in which the Complete the 3 entries and complete the 3 entries Yes 0 No I Yem establishment is located? ('X'' one at Item No. 24. at No. 24• ( 1V11 R, OF TIIg lii7[1 D1LCts <lll'F 1tC7#TIfB idCRNE1Et MARU3flH FRT IS LOCATED 20: Building owner's full name is :( 21. Building owner's street address: 22. City, Town, or Village: LtiS �9 +evQ- l Zip Code:��� 23. ephone number of building owner: ctt hs k upAyg� 6 ttlS '. kR s!1IktitktfEf� /lGe1.tTYl�vltf$�- Ie1tL'LL U{Kkt7 1?'IF tlte.{;tlthprt j! hen 4tEd r �S':it•Aild.'� :'t.�iBF: Pet}Y,W,�.3nT&LH)T3B tlt�k'. ln�tll36 f4twwIll 11164 11164 be of am Lth 24. y rxY g�;.. u.Y y.)4 nudeiil thEB foTsak'at� dupe 4 144 1 . STATE OF NEVI YORK `` EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardised NOTICE FORM for Providing a © -13a Advance Noti e'to a L77eaI llTanieivality ot. Community Hoard t q i , 9 t � e hr connection wilh life strbnricsioa to the Slate Liquor Authority a l a C�I7,'CIC Ot7e New Applicatio y� Renewal Application d Alteration AT lication El for an O Premises Akobo)lc Bevera a License I. Date the. original copy of this Notice was mailed to the focal Idunicipa €ity or Community Board, 0 THIS'30 -DAY ADVANCE NOTICE fS'ORWO PROVIDED TO THE CI E9K OF THE FOLLi5W1NG WCAL MUXIC.IPALPPY Olt COMMUNITY ROAM 2. Name of the Local Municipality or Community Board: tl " A/ t, 9'�lr✓� � VCIIZ N IP AjVLIOMN� 1?RUV X j)zsig PTION Bj:LL3w'USIM0 47, INFORMA`1'IOX XNOWX TO DATE '. Fd1k AT TEPA' IOX APPL1 AN 8,:'ATTACH'Gb i r -VROP D AZ TEltATION(Sj P`t3it Ctldli2laNT1 H 9lig Pf)R HRPP ti}S! II ISRE FIp7) ° O 4I'1gkZA lIOR [1FlI;T 13(2` IS1 ,IIt3 9 EI 4t It] t 1 CE y' bulz:ri 3 Type(sj of alcohol sold or to be sold under the license Beer Only Nine and Seer Only L N Liquor, Wine, and Seer Extent of Restaurant (Sale of food primarily; Full food menu; Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily - 4, food service: one Kitchen run by chef) meets legal minimum food availability requirements) 5 Type of Hotel Live Disk I if t Juke Patron Dancing ❑ Cabaret, Night Club, Discotheque F1 Capac €ty for 600 Music Jockey �J Box establishment: . - �$malf Scale) (Large Scale Dance Club) or more patrons ( "R'''ail r 0 that apply) � club (e.g. Golf / Bed ii; Catering t`(�f {� Karaoke Top. (� °)] Recreational Facility Fraternal Or Breakfast Facility I j Bar � Ent Restaurant ] g•j y (Sports Fac ility/Vessel) 4...e.1 b" Licensed t None Rooftop Patio Freestanding Garden / Sidewalk Other peck El outdoor area: or Covered Structure Grounds Cafe ISpecify): 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( ^R" one : YF,S NO 8. License serial number: 9. Eacpiration Date: ve 10 ' The applicant's or license holder's full name, as it �° ` � f`,Y appears or will appear on the license: l�fp/d�� j Q �'dal�/� )V lr" It. The trade name, if any, under which the establishment j� condnCts or will co n duet business: -! 12. The establishment is located within the building which has the following street address: 13. City, Town, or Villa ice,,9 NY Zip Code: ® 14. The establishment is located on the following floor(s) of the building at the above address: 15. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant/ licensee: 17. Business fax number of applicant /licensee: 18. Business e-mail address of applicant/ licensee: Does the applicant or license holder Ir `YES ", SKIP items No. 20 -23. ff "NO ", ANSWER items No. 20 -23, 19, own the building in which the "X' Complete the 3 entries ® and complete the 3 entries Yes - No establishment is located? ( one at item No. 24. at Item No. 24- 6V7NEf2 OF T11E BUILDINCr IN. WRICH THE LIC 11; N SED. ESTABLISHMIgNT IS LOCATED .. 20. Building owner's full name is: " tv A.-0 Ylv 21. Building owner's street address: 22. City, Town, or' f �. Zip Code: d 23. Business telephone nunitier of building owner: - Ct f tttr, Ells $131)�4$1.1t Or hpli� P1CCng� aT §S7'3 $ ,�r�crCt 9f t1S818g#I;Btt� #� t�Etl� �1Q)ds �7T1� �pp1.�Itt@, [tSr' tflB 1 ;CBY1�� R @"�?I'#�Snt�f�lQi]$ itt #�1tS IgT3Tt ate 1k (��Ti1b�t11t�7 }43�h reprei3t�rtit,s rtla@ ]n aul?tntktd tlgbs+meas t$Iled ttptsn 6Y t3teA[ttlrotJty tNhetr Stitlttg Ilx$ iiitsd I txntlersEartd tltxt tepr�s t�t&fitatts tirade. tt) t}tia dorm wllJ:ataa bs relied �RIsR d T�tetTalse tapr�se7ttAt17ps5� Ytttky r�e€3it trt �tt�rpEgva[ pf ti'he gltplitiott or zevoeattztn oi' fhe ]teenari 24. sy my atgn &tctr$ I a1£1t tit uttdeY T[ salLlr rrt l?eiitry tltsE the refsreatatJans inatl8 tnthts 16rm aro true ; Printed}n�ame /w� j�.j�+ }q 7iVe ,.! • , C ' +Y �{ S3gnely,e _ X rr i a. STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC l3EVEltAGE CONTROL STATE LIQUOR AUTHORITY Slmrdardized NOTICEFORM prProvidinga 3 Advance Na'ce m a i oe [lie[ all or CRflumttnitE Board t in connection with 1hesY1bm158lorr to the Stole Liquor, 1,1hor113 ojo (c11 @C�[ O rae INew A lication l&enewal Application Al�erati ©� /- �pr�lic;�tian t r n On- Premises AIc ltolis Bevera a ieense ,a. 1. Bate ttte original copy of this Notice was mailed to the Local Municipality or Community B oar d THIS 80 DAY ADVANCE N471ICE IS HE1NG PROVI13ED TQTHR CLERK OF THE FOLLOWING LO IAL MUAIICII'ALITY t)R COl ItStSNtTY'BbARD . 2. Name of the Local Municipality or Community Board: FUR 1 1X'AI�PLICANY8 #'1 tYVVCD$ DSBlittlkTlON gFiI,UtY;liBi31( ALL DWORRA KNOWNTO DATE..:. FOR AEiI RFt1If)tI llPP7GICAlITf# ATTACH C[).EdEPT.F= I)MCRIMON' OD DIA,GROX OF PROP#}S$1) ALTMtATlgx($) ' PbR S.'llti`;� 1C I'eICEI��fi�i9�;.p�` i�tlR'lk'R AFPRO.i7Pr331�iibll Off' O,P1�RRc.TI�N OHLB iM)'NQT USA THIN;F43Rffi q.Cf1CMO Yl3VR l lEA I1011 OP O)��kTID?i 3 Talcohol sold or to be sold under the license Beer Only Wine and Beer Only Liquor, Wine, and Beer 4, ent of rvice: Restaurant (Sale of food primarily; Full food menu; Tavern / Cocktail lounge / Adult Venue / Bar {Alcohol sales primarily — `�'P' ° one Kitchen run by then meets legal minimum food avai lability requirements) 5 ype of ment: Hotel Live D Disk � Juke Patron Dancing � Cabaret, Night Club, Discotheque � Capacity for 600 Music Jockey Box (Small Scale) ( ( SSccale Dance Club) or more patrons ) � Club [e.g. C3gl� / Bed & Caterg Iiaraoke TOp less ecreational Facility Fraternal Or . Breakfast Facili Restaurant Bar 0 Ent. (Sports Faculty /Vessel) 6 nsed area: None Roofta I'atio Freestanding Garden Sidewalk Other p Deck or Lj Covered Structure Grounds Cafe (specify): (Pe y): 7. Will the license holder or a manager be physically present within the'establishment during all hours of operation? ('V° one l: YES NO License Serial number: 4 number: �. E Date: 10_ The applicant's license tt er Cull name, as it app or will ap pear appear an the license: 11 The trade name, if any, under which the establishment 1 + conducts or will conduct bnsmess: 12. The cstublishment is located within the building which has the following su address; e—A la—e 13, City, Town. or Village: 0 NY Zip Code: 14- The establishment is located an the following floor(a) of the building at the above address: 15. within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant / licensee: _ _ 17. Businessfax number of applioantl licensee: 18. Business e-mail address of applicant/ licensee: 13. Dues the applicant or license holder own the building in which the °X• o)e If ° YES ", SKIP items No. 20 -23. If 'NO', ANSWER items No. 20 -23, Complete the 3 entries and complete the 3 entries Yes establishment is located? ( at item No. 24. No at Item No. 24, OtiA3JBR t]F THE UlLOM IN WHICR THE LICEN$ED ESTABLISHMENT IS LOCATED 20. Building owner's full name Is: 1E 21. Doitding owner's street address: 22. City, Town, or Vlllage: Zip Code: 23. Business telephone number of building owner: 9 4 ry I sin the appliaatit or hold;the l €tx ,se;or afn'a principal o €:the legal entity that: holds or €s applyln{) for the l €wise ' Fieprese in this form sr €11 cot,for,t iip.w reptesertl$ttans made in subtetHFedd4cumt relied Upori;'by tttey#tfortty wfren lantlp:g theticetjse' I unUerstand ghat re re5enlations to t(ti forfn tivEl also he r�ledupon andtlnatt falserapr &ntattorisrilayresultin disajpraval "otth8appllcaSion orreyocatloit 4tthet €case, 24, By my signature, i affirm _ under Nattalty of Perjury tijat the rgprentat €ops Ai ;de in this for ` re true.- ... ....... .... ,.. ., .� Printed Nams liu Yl 'nue } 1' l signature U 2. Name, of the Local Nhrrucipality or.CoraraUnityEkard: 4 S. S. 7. tI, I0. Il. M. 13. 14. IS. 16. I %. to. 19. 20, 21. 22. 23. 24. Extent of Iood service: 0 Raatatrrant (Sale of food primarlly; Full Fond menu: Tavern f Cucktail Lounge/ >" o e Kitchen run by chat) �-1 Se f Adult Venue/ Bar (Nmhnl seEes pr€ma ( ° — '�- -1 rn legal minimum Fapd availability mquimaienta) rily — Pe o Hotel ®Live establishment: ® Dish dins Patron ©ancin r�e Music Jockey. goy (Small Scale} ®Cabaret, Night Club, Uiacotheque � Capacity for 6(10 (Large Scale (?once Club) or Mons patrons ltli l 11 Club (C.g. GPIF f g Coloring lf9Trtn� T� PP yl Fraternal grg.j IBreakfast Facility g � leas � Restaurant � Recreational Facility Ent (Sports Facility f Veasalj Licensed m e Patio outdoor area: Roof ®ar Dee 6 reestandtnll Garden f Sidewalk gther Covered Structure ® Grounds Cafe (8pecifyj: Will the license holder or a manager be physically present within the eabl[shMent during all Irtwrs of operatim? o � � YES � NO Business a -mail addreaa of appIIcaat/licenaem Does the applicant or license holder f f `YLS', SKIP it--a No. 20-23. own the building in which the If `Nq', RNSW13R item No, 20 23, establish is located? ( -� or Yes ® Come the 3 entries and complete the 3 entries at Musa No. 24. No � at Item No. 211 Building owners full namte is: G '� Building owner's str� address: City Town. Village: 1 � Business telephone number of building owner; r f 2f�C-d-/X, Printed -tt�e Lgg V f � p ! L rte Ci' Standardized QjjgK QM forProvidinga ,�A ` 'A :- 3fl -A�v Advance I+l ©dce to a I as [ i4T lalcl li nr C unl and A STATE OIL NEW YORK 9 � o t (tee ,,.• In connection with fheaubmisslon to the State li r�or�lufhpri a Cli ECk .OiI+r' =W* EXECUTIVE DEPARTMENT A7 �l I q DIVISION OF ALCOHOLIC HEYEPAGECONTROL Now W ica b d n El mewa� l A pplication tion 0 � STATE LIQUOR AUTHORITY Alteration Almlication o for an On- Prentiscs Alcoholic HeveMg LkMse 1. D$tc the original copy of this Notice was msIled to the 3.nca.l Munlclpaiity nr Coti3munity Hoard; � „ �, 2 O t 2. Name at the LoW Municipality or Community Hoard: I A. 23, 1 Business telephone number of buliding owner: • 00037 No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Councils Assessment and Taxation- Public Works, Streets & Parks- Police- Fire- Corporation Counsel- Community Services - Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission - X Parking Enforcement: .Nicole Provenzano RECEIVED AND FILED, July 26, 2011 6� # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: July 12, 2011 FROM: DEPARTMENT: Pa.__ me DIVISION: Parking_ Enforcement SUBJECT: (: Leave of Absence t PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT` (TYPE SINGLE SPACE BELOW) This is to request approval of a 1 month medical leave of absence for Nicole L. Provenzano from her permanent position of Parking Enforcement Officer in the Department of Parking, Division of Parking Enforcement, Her leave will begin effective July 12, 2011. TYPE DEPARTMENT HEAD NAME: Kevin J. Helfer TYPE TITLE: Commissioner of Parking SIGNATURE IF DEPARTMENT HEAD: = P 000 �q?j No. Notices of Appointments - Council Interns I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED, July 26, 2011 3 �— #4 (Rev 7 -07) o i hI Compliance with provisions Of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I f urther certify that the person(s) named in Schedule "A" have been certified or approved by the Herman Resources /Civil Sen�ice for the Appointment Effective: in the Department of Division of to the Position of 07113/2011 Common Council Univerist District Intern V Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) UNCLASSWWD Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, dourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 8.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Darnone Huff DATE ADDRESS 20 Shirley Ave CITY & ZIP Buffalo 94215 LAST 4 DIGITS OF SSN. XXX -XX - 8119 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Dominique Stephens DATE ADDRESS 50 Zelmer St CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX ->(X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1774 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 5993 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinslti TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: - July 10, 2011 SIGNATURE OF APPOINTING AUTHORITY a ZV ORIGINAL. + 2 COPIES TO: CITY CLERK fONIBEFORE= APPOINTMENT DATE) OTHER COPIES TO: #3 COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7 -47) iiiiiiii I NON 11111 ��illillilli 1111111111 111111111111 �: «` • 4 hn compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the Cite of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hunan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 0710612011 Common Council K' Intern V1 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, intermediate, Maximum, Plat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 1 0.00 LAST JOB TITLE NAME Riyath Mallahi LAST DEPARTMENT DATE ADDRESS 119 Southside Pkwy LAST SALARY CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX-XX -2065 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 102200001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 5142 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: July 11, 2011 SIGNATURE OF APPOINTING AUTHORITY.­---- f ORIGINAL + 2 COPIES T0: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -07) A k In compliance with provisions of Section 24 -2 of tl €e, Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A ".have becii certified or approved by the Human Resources /Civil Service for the Appointment )affective: in the Department of Division of to the Position of 0710712011 Common Council Lovejoy District Intern VI Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Jeffrey Bowens Jr. DATE ADDRESS 45 McCarthy 5t CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -)(X-0714 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REI°ERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 5202 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Gerald A. Chwalinski TITLE OF APPOINTING. AUTHORITY: City Clerk DATE: _Ju1yJ,2011 SIGNATURE OF APPOINTING AUTHORITY: 3 n ORIGINAL + 2 COPIES TQ: CITY CLERK (ON/BEFORE APPQINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5. BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLQYEE(S) #4 (Rev 7 -07) Certificate f Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointanent(s) or promotion(s)..1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Heiman Resources /Civil Service for the Appointment Effective: 07/0612011 in the Department of Division of to the Position of Common Council Masten District Intern VI Permanent, Provisional, Temporary, Seasonal; Exempt, Unclassified (Insert; one) ]U Open - Competitive, Promotional, Non - Competitive, Exempt (insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Statling Salary) : Starting Salary of $ 10.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Frank Garland lit DATE ADDRESS 64 Urban St CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -6614 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 10102001 TITLE CODE NO 1775 BUDGET ACCT. OBJ, 412002 PROJ. ID PERSONNEL REQ, NO 5109 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHOR Gerald A. Chwalinski City Clerk .duly 5, 2011 UI-KK31NAL + Z GO.Him.S I U: CITY Gt-ERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4 - HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPL OYEE(S) ,,,, „_,__ OYEE(S) 0003,9 IM Notices of Appointments - Scasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. July 26, 2011 #3 Rev 1 -02) I t Cert 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 appointuient(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the fluman Resources/Civil Service for the Appointment Effective: Y in the Department of Public Works, Parks & Streets Division of to the Position of Water Laborer If 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: $ 1'1.87 LAST JOB TITLE Laborer If NAME John Marinaccio LAST DEPARTMENT DPW DATE 6111 ADDRESS 16 Magnolia Ave. LAST SALARY $16.3884 hr. CITY & ZIP Buffalo, NY 14220 LAST 4 DI OF SSN. X - XX -8881 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2010 -19 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING, AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stepniak Commissioner 7114111 � 'J ; .'� /�� it r r / ��l✓� - j'' ORIGINAL + 3 COPIES TO: :.::CITY ;CL ERK ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #1€3- EMPLOYEE(S) #3 (Rev 1 -02) i Cert i f icate Appoi In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buf'alo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: t in the Department of Public Works, Parks & Streets Division of Streets to the Position of Clerk Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT ,(Enter Starting Salary). Starting Salary of $11.07 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Margaret Nash DATE ADDRESS 24 Wingate Avenue CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -5050 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 16030001 TITLE CODE NO 0010 BUDGET ACCT. OBJ. 412002 PROD. ID PERSONNEL REQ. NO 2010 -202 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Stenniak Commissioner 6121111 � A ORIGINAL. + 3 CO PIES TO::: CITY CLERK ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER 46- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #8- DIVISION #10- EMPLOYEE($) #3 (Rev 1 -02) Q i. . Certificate t In compliance with provisions of Section 24-2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certifed or approved by the Human Resources /Civil Service for the Appointment Effective: j in the Department of Public Works, Parks & Streets Division of to the Position of Parks Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Angel L. Torres Jr. DATE ADDRESS 141 Page Street CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN, XXX -XX -4946 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 14222901 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412902 PROJ. ID PERSONNEL REQ. NO 2019-177 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY Steven J. Ste rniek Co 718111 ORIGINAL + 3 COPIES TO: ;CITYCL RK ON/BEFORE APPOINTMENT DATE OTHER. COPIES TO: #5- COMPTROLLER #B- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 93 (Rev 1 -02) .I In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Hu €nan Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public 'marks, Pare & Streets Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON-COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insertone) FLAT Enter Starting Salary) : Starting Salary of. $ 11.87 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Kathleen Battel DATE. ADDRESS 64 Fuller St, CITY &,ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN. XXX -XX -6231 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 9270 BUDGET ACCT, OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2010-177 SALARY RANGE OF POSITION $11.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Steoniak Commissioner 7/8/11 ORIGINAL + 3 COPIES TO: CITY CLERK (QN, /,BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER # 6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET 48- DEPARTMENT #9- DIVISION #10- EMPLOYEES) N lTi FU #3 (Rev 1-02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo. I transmit this certification of appointments) or promotion(s). I further ett ify that the pe €sou(s) named in Schedule "A" have been certified or approved by the Human Resources /Civic Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Parks Lifeguard Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non - Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) jEnter Starting Salary) : Starting Salary of $ '11.97 FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Frank Buttirlo III DATE ADDRESS 197 Sage Ave. CITY & ZIP Buffalo, NY 14219 LAST 4 DIGITS OF SSN. XXX - XX - 9965 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 14222091 TITLE CODE NO 9279 BUDGET ACCT. OBJ. 412992 PROJ. ID PERSONNEL REQ. NO 2010 -177 SALARY RANGE OF POSITION $11.$7 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY DATE: SIGNATURE. OF APPOINTING AUTHORITY W .i'1' Commissioner 718/11 f E� ��. ORIGINAL + 3 COPIES TO: CITY CLERK` (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPL__._ y O YMS) 93 (Rev 1 - 02) Certificate , t In complianee 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 appointnient(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 6 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $11.87 LAST JOB TITLE Lifeguard NAME Samuel C. Wichlacz LAST DEPARTMENT Parks DATE 8/90 ADDRESS 218 Lovering Avenue LAST SALARY $11.67 CITY & ZIP Buffalo, NY 14296 LAST 4 DIGITS OF SSN. XXX -XX -3816 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 9270 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ, NO 2090 -177 SALARY RANGE OF POSITION $91.87 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY:. Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 7114191 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO. `.CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTNIENT #9- DIVISION #10- EMPLOYEE(S) W( ##3 (Rev 1 -02) �s In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -I of the Ordinal €cos of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that (lie person(s) named in.Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parka & Streets Lifeguard Permanent, Provisional, Temporary, Seasonal (insert one) Appointment, Promotion, Non - Competitive (insert one) Minimum, Intermediate, Maximum, Plat (Insert one) jEnter Starting Salary) : Starting Salary of $11..87 NON - COMPETITIVE FLAT LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LA ST 4 DIGITS OF SSN. XXX -XX -4957 NAME Aaron Santiago ADDRESS 135 Breckenridge St. CITY & ZIP Buffalo, NY 14213 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 14222001 TITLE CODE NO 9270 BUDGET ACCT. OBJ. 412002 PROJ, ID PERSONNEL REQ. NO 2010-177 SALARY RANGE OF POSITION $11.07 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 7119111 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 WPIE6 1(]: ;' - "t LLKK (3N /t3t1 UKt ANh'UN I MtN t UA 11 OTHER COPIES TO: #5 COMPTR LER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) i� No Appointments e Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. July 26, 2011 �3 (Rev`i -02) Certificate of Appo t( In compliance with provisions of Section 24 -2 of the Charter a €td Chapter 35 -1 of the Ordinances of tltc City of Buffalo, I trans€nit this certification of appointnie €tt(s) or proulotioi(s), t further certify that the person(s) tta€ned in Schedule "A" have bec €t certified or approved by the Human Resources /Civil Service.for the Appointment Effective: � 2 40 t in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Glass Stationary Engineer Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non - Competitive (insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (insert one) FLAT ,(Enter Starting Salary) : Starting Salary of: $15.00 LAST JOB TITLE Sr. 1 Class Stationary Engineer NAME Edward F. Anken LAST DEPARTMENT Buildings DATE 05/20111 ADDRESS 73 Houston Street LAST SALARY $15.00 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XX - XX - 6866 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. X XX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13296001 TITLE CODE NO 832J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO :201012 SALARY RANGE OF POSITION $15.00 PER YEAR DAY HOUR HOAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniaik TITLE OF APPOINTING, AUTHORITY: Commissioner of Public Works, Parks & DATE: SIGNATURE OF APPOINTING OTHER COPIES TO: #a- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS July 26, 2011 *perated by I@VEOLIA WATER City En gineer 2 �o\ Peter Merlo AN 1p i Memorandum To: I3 ty Clerl G Chwahr►sk From: Program Packaging and Development Services (PPDS) Provider Date: July 12, 2011 Regarding: Board Packet Documents Attached are the follow =ing documents from the Joint Schools Construction. Board meeting scheduled on July 11, 2011: I. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated June 6, 2011 3. Fully Executed Phase IV Application and Certificate for Payment No. 35 --- May 2011 4. Phase IV Application and Certificate for Payment No. 36 — June 2011 5, Phase V Application and Certificate for Payment No. 19 — June 2011 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase N Project -- May 2011 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV— May 2011 MM b� WRA s� Mr. Ivan Seidenberg Verizon Corporate Office 140 West Street New York; New York 10007 Dear Mr. Seidenberg: On behalf of the Don't ByPass Buffalo Coalition, we would like to thank you for sending Sam Caldwell, Maureen Rasp -close and Dorothea Baxter Hughes to meet with members of our Coalition on Wednesday, June 22, 2011. Your representatives firmly stated that the Verizon Corporation has no plans to either finish out the build out or expand ROS into the Buffalo area "right now ". However, and with that same veracity, I must say that the Coalition is firm in our position of seeing FIOS deployed throughout the City of Buffalo. With that being said, we certainly appreciate your efforts to remain engaged in the Buffalo community and assist in helping to address the technological needs of some of those stakeholders who are struggling in those areas. Meanwhile, we plan to proceed in our collective efforts. i am sure that as your associates work with various groups they will come to find that the lack of technological resources is not the only inhibiting factor they face in moving forward. A lack of coordinated investment and commitment by large corporations like yours that will bring the infrastructure needed to build better communities and create more jobs and opportunities will become apparent as they move around and work with those impacted by poverty, segregation, and decades of disinvestment on the part of various institutions. Our partners in government, education, business (owners), labor, faith, civil rights and social justice organizations would welcome, and intend to consistently pursue, another meeting with Verizon executives who are in the decision making circle. Mr. Caldwell stated that your goal of building a parallel network comparable to you copper network is based on pre-existing networks and infrastructure in place. As the Coalition continues to grow and support for FiOS grows here in the city we have a "pre- existing network" that is extremely strong and we would like to introduce you and your business executives to that on the ground network. Since Verizon has ceased any further build out of FIOS, we respectfully request that your executives explore how the Coalition might develop a pre - existing network that would be in place whenever Verizon decides to again build out ROS in the City of Buffalo. As we stated during our meeting with your associates- this is an issue we want to work with you on that will garner positive results for alll I Whatever the reasons for a suburban -only FIOS strategy for Upstate NY, the time is now for Verizon to revisit its plans, and finish the investment already begun in the City of Buffalo. Again, we appreciated the time and information given to us by your representatives, Maureen, Sam, and boretha. That said, we are requesting a meeting with you and the executives responsible for decisions regarding future ROS deployment. We are most interested in meeting in person and are willing to travel to you. We would like this meeting to take place within the next month. Please respond indicating when a meeting would be most convenient for you. Finally, we would like to make you aware that the Buffalo Common Council has scheduled a public hearing on July 20, 2011. Verizon representatives, yourself included, are more than welcome to attend and offer comments on the future of HOS in Buffalo. Sincerely, Janique S. Curry - Campaign Director Don't ByPass Buffalo Coalition c /o: CE] 237 Main Street m 12' Floor RECEIVED AND FIL Buffalo, NY 14203 716 - 245 -5273 cc: Sam Caldwell; Maureen Rasp -close '� What is MOS? "FiOS" is the brand -name of Verizon's new fiber-optic network. Unlike Time Warner Cable, FiOS runs a fiber optic cable straight to homes and businesses, allowing unparralled internet speeds, including 150 megabits per second upload and 30 megabits per second downloads. What can I do with FiOS? At 150 megabits per second speed, a two -hour high definition movie downloads in 1.5 minutes; 10 songs download in 3 seconds. FiOS allows you to watch hundreds of channels; download movies onto handheld devices; and video - conference. FiOS allows remote medical monitoring and new educational applications. Where can I get MOS? You can get the FiOS "triple -play" of internet, TV and phone service in many of the communities surrounding Buffalo, including Amherst, Tonawanda, Kenmore, Orchard Park, Lackawanna, West Seneca, and Hamburg. Verizon built wiring into very small parts of Buffalo. The "triple -play" is not available in any of the limited areas of Buffalo that are wired for FiOS, as it is in the suburbs. What does FiOS cost compared to Time Warner Cable? Both services are priced at similar levels for their "triple -play (internet, TV and phone). Prices vary depending on deals being offered at any given time. A typical Time Warner Cable price is $99 a month, very similar to FiOS prices. Time 'Warner Cable's older, co -axial cable network cannot match FiOS speeds. Questions and Answers Does FiOS service create jobs' Yes. Businesses of all sizes need fast, reliable internet. National studies show that investment in broadband creates jobs. Jobs are created directly by building and maintaining the network. Many more jobs are created indirectly as internet use speeds economic development. Why isn't Verizon building FiOS in Buffalo? We do not know. According to 2005 - 2009 census data. Median household income in the City of Buffalo is just over $30,000 and 46% of Buffalo residents are African - American or Latino. Taken together, the suburban areas where Verizon has built are higher- income and have a lower percentage of Black or Latino residents than the City of Buffalo. Will the lack of FiOS in Buffalo cost jobs? Yes. Investment in high -speed broadband networks is vital to job creation. Businesses need it to grow and compete. Buffalo will lose future economic development. Imagine if Buffalo never got DSL or cable internet; the future could be bleak if Verizon doesn't build FiOS in Buffalo. Will the lack of ROS in Buffalo hurt other opportunities? Yes. Students will be denied the powerful educational advantages of searches and conferencing that are possible with truly high speed internet. high speed medical data transmission and imaging in real -time will not be possible. Is there a "Digital Divide" in Erie County? Yes. FiOS is currently not available throughout Buffalo, but is in many suburbs. Has Verizon built any ROS infrastructure in Buffalo? Verizon has already built a FiOS "video hub" in Buffalo, which is a major part of the FiOS infrastructure. The Buffalo video hub sends a TV signal out to the suburbs and all. the way to the Syracuse area too. Ironically, even though the video hub is in the City of Buffalo, FiOS TV /video is unavailable in Buffalo. Verizon has wired only very small areas of Buffalo with FiOS. The company has not sought a video franchise for Buffalo. Video franchises, which are basically a license, are a pre - condition for delivering "cable" television service and building the network throughout a locality. (Verizon has franchise agreements in the communities outside of Buffalo where it delivers the FiOS "triple - play") Can Verizon afford to build Fibs into Buffalo? Yes. Verizon made $10.2 billion in net income (profits) in 2010. Verizon's CEO, Ivan Seidenberg, made $18.2 million in total compensation in 2010. EiOS is in high demand in the Buffalo suburbs. There is also high demand for FIOS in the City of Buffalo. Verizon has already built a video hub in Buffalo, reducing the expense of further development in Buffalo. 0004 4. July 22, 2011 To whom it may concern: 0 A; C KU 15. 1 . My name is Taki Kyriakopoulos and 1 am the owner of Taki's Restaurant at 45 Court Street in Downtown Buffalo. Please hear our concerns. We have been at this location for 14 years and we have been proud supporters of all things "Buffalo ". We have just been informed that a food truck is planning on setting up shop less than 50 feet from the front of our restaurant. We believe that restaurants that are standing structures should be protected. There just has to be some rules and regulations with how close they can come to us. We do not believe it is o.k for a food truck to come that close in front of our restaurant. At least 100 feet away is reasonable. We encourage you to vote yes on Thursday but have safeguards in any law you pass remembering that restaurants like Taki's serve the residents and visitors' of Buffalo 365 days a year. Thank -- you so much for your help on this issue, Taki Kyriakopoulos C REFERRED TO THE ON I ON ,v()� -rk0rKS x�s ; r' Urb Buffalo L eag u e Officers Stephen W. Bell Chair James W. Pitts Vice Chair Lavera M. Johnson Vice Chair Kathleen Rizzo Young Vice Chair Michael W. Reville Treasurer Yvonne S. Minor- Ragan, Ph.D, Secretary Brenda W. McDuffie President& CEO James F. Dentinger Immediate Past Chair Directors Divitta M. Alexander Antoinette Amos Han, Rosalie S. Bailey Ross M. Cellino Jr., Esq. Andrew W. Dorn, Jr. Steve Finch Wesley L. Hicks, Jr., MD Robert P. Holliday Edward A. Johnson Rev. Dr. lames A. Lewis M Gerry Matos Susie Pied Parnela S. Schaller, Esq, John F. Somers Satish Tripathi, Ph.D.' Jennifer L. Washington', Bradford R. Watts', Kristine M. Wydro'' Honorary Directors Hon. Samuel Green D. Bruce Johnstone, Ph.D. Hon. Hugh Scott July 19, 2011 Hon. Joseph Golombek, Jr. North District Common Council Member 1502 City .Fall Buffalo, New York 14202 Dear Council Member Golombek: 15 Genesee Street Buffalo, New York 1 4 20 3 -1 463 Q16) x50-2400 FAX (716) 854 -8960 http: 0000 co VC; NG I am writing to you as Chair of the Buffalo Common Council Legislative committee in response to the special meeting you are holding regarding Verizon's FiOS in the City of Buffalo. The Buffalo Urban League is community based organization which has existed since 1927; and annually serves over 15,000 individuals and families, primarily low income residents of the City of Buffalo. I want to share with you some of the significant investments Verizon has made to the Buffalo Urban League and our partner organizations which directly benefit low income City of Buffalo residents. The investments from Verizon are primarily focused on literacy, domestic violence prevention, education and Internet Safety. Verizon was one of first companies which actively began addressing the "digital divide" through ensuring poor and communities of color had access to technology; and the opportunities to be computer literate. The Buffalo Urban League, Everywoman Opportunity Center, Hispanics United of Buffalo and Computer for Kids are all organizations which received Verizon sponsored computer labs targeted to serve low income City residents. In the Computers for Children Internet Safety and Kideo programs low income students learn! about Microsoft Office and refurbish computers. Upon completion of the program, the students graduate and take a computer home to be used by there and their families. Verizon's education and literacy initiatives include: grants to the Mayor's Summer Reading Challenge, AmeriCorps and Literacy Volunteers; Erie Community College and Buffalo Urban League scholarship programs for low - income students; Canisius College Stem program targeting high - achieving, low income students in the math and sciences; grants to Read to Succeed for community literacy outreach programs; and Buffalo Olmsted Parks nursery workforce training for low - income City residents. Also, Verizon has been in the forefront in the Family Justice Center's Ambassadors program to raise awareness and support victims of domestic violence. Education & Employment 0 Housing & Community Development e Family & Preservation support Affiliations: National Urban League, Inc., New York, New York Member: United Way of Buffalo & Erie County, Inc. An Equal Opportunity Employer 00045 Ch anging Live5i �,K In addition, their employees volunteer countless hours and donate necessary resources which are matched by the company to schools, faith and community based organizations in Buffalo. � Verizon has neither redlined nor purposely avoided building FJOS in the City of Buffalo! To the contrary, through the examples which I shared, I hope it is clear that Verizon is making a difference through its investments and commitment to City of Buffalo residents, especially low income. Please do not hesitate to contact sue if you have any questions or need any clarification. Sincerely, _} r r� 1 Brenda W. McDuffie President & CEO Cc:Maureen hasp -close RECE IVED FILED Education & Employment s Housing & Community Development w f=amily & Preservation Support Affiliations National Urban League, Mc., New York New York Member: United Way of Buffalo & Erie County. Inc. An Equal opportunity Employer 0004 0" Samuel Caldwell Vice President Government and External Affairs July 13, 2011 Frank B. Mesiah NAACP — Buffalo NY Branch 395 E. Ferry Stmt Buffalo, New York 14208 - 1504 Bear Mr.1Vlesiah; O V / zo Id fif 1 58 State street Alb a ny, NY 12207 Telephone 518 396-1027 Thank you for your recent correspondence expressing interest in Verizon FiOS (" FiOS '). Verizon is very appreciative of your desire to see FiOS deployed in Buffalo, and for your participation in the .bane 22, 2011 meeting between Verizon representatives — including myself -- and representatives of the Don't Bypass Buffalo Coalition, in which the availability ofhigh sperm intemet access services in Buffalo were discussed. As mentioned during the course of the above�refer ced meeting, Vcrizon continues to offer DSL d High Speed Internet throughout virtually the entire City, at download speeds [of up to 15 ] that allow for students, businesses, residents, and others to effectively utilize the internet to conduct research, engage in commerce, entertaiianient, or for either purposes. Additionally, Verizon has deployed FiOS in pates of Buffido, where FiOS voice and inte€°net serum are available. Verizon is unable to provide a date or timeline as to whM or if, it will deploy HOS throughout Buffalo. As a newer provider of cable television service in the state, Verizon is currently focused can meeting its commitments to Build out its MOS network in the communities where it has already obtained the required cable television franchises. Verizon offers high speed inte r'n€ t access products over its copper, fiber, and wireless networks, and additionally offers video service;, through a partnership with DirecTV, in locations, like Buffalo, where it does not yet have a cable television franchise. Verizon Wireless continues to prepare its local network for the eventual launch of 4G LTE service in the Buffalo/Niagara area. 4G L'I`E ('Long Term Evolution) is a �C+ significant network upgrade that will provide high -speed wireless Internet access ✓ throughout the area via stn rtphortes, tablet devices, personal wireless hotspots, and USB modems for laptop and desktop computers. The launch of 4G LTE in the Buffalo area will enable residents and businesses to enjoy wireless Internet speeds that are comparable to speeds provided by cable companies. The tinting; of Verizon Wireless' launch of 4G LTE is dependent on several factors, including the "Sunsettirrg" of the Canadian analog television network which will eliminate spectrum interference that currently exists, vet it is possible that 4G LTE will be deployed in the Buffalo/Niagara area by the end of the year. Verizon has participated in several community events to increase awareness of its high speed Internet offerings, so that Buffalo residents and businesses might be well versed on their interrnet access choices through Verizon's wireline or wireless networks. Verizon is one of a number of service providers that offer high speed internet service in the City of Buffalo, and it continues to invest millions of dollars in its wireline and wireless networks in Western New York, including Buffalo. While one of the coalition members requested that Verizon provide some form of a written commitment that Buffalo is being considered for fiber deployment, it is not passible for Verizon to provide its future plans regarding deployment of its network. It should be noted that any suggestion that the lack of a cable television franchise with the City of Buffalo is, in any way attributable to any action or inaction by the City, is false. Verizon is also active in philanthropy through the Verizon Foundation, which has and continues to support community- -based org izations in the City, including its for a number of initiatives, including workforce training, education/literacy initiatives, safety, domestic violence, and computer access for children, among others. Past grant recipients include the Buffalo Alliance for Education, Computers for Children, the Police Athletic League, and the Buffalo Urban League, the Mayor's Summer Reading Challenge, both of which Verizon has supported in 2011, as well. Verizon appreciates your willingness to meek, and is committed to maintaining a constructive and productive dialogue. Sincerely, RECEIVED Z"4" 6"L FILED BARBARA MILLER-WILLIAMS Chair of the Legislature 3rd District Legislator Verizon FIOS Public hearing City of Buffalo Common Council July 20, 2011 11 427 William Street Buffalo, New York 14204 716/842 -0490 FAX: 716/054-5722 13 92 Franklin Street, 4th door Buffalo, New York 14202 7161858-0369 FA: 7161053 -0095 Good Afternoon. I am here today on behalf of Erie County Legislator Barbara Miller - Williams representing the 3 District. My name is TuWanner Cleveland; I airy Legislative Assistant for Legislator Miller - Williams. On behalf of constituents throughout Erie County, Legislator Miller- Williams would life to express her support of the efforts of the coalition to bring FIOS fiber optic service to communities across Erie County. Legislator Miller - Williams sees this issue as affecting the potential for economic development, job growth, and job creation and she is asking that Verizon consider the opportunity to afford all of their customers with access to their higher quality services. Our community once again has the opportunity to address the digital divide where those without upgraded Internet service have reduced access to life sustaining information. Without access to FIOS service, we will continue to stagnate the expansion of the new information- economy throughout Erie County, as many Businesses are relying on the use of broadband technology to move their business into the 21 century. Also too, many employers require employment seekers to complete applications online. If an employer has contracted marketing space on their internet page, an individual without access to upgraded service may not have the ability to access the drop down menus or navigation buttons needed to complete the application. One news article written after a meeting between Verizon Executives and residents in Peabody, Massachusetts in May of 2011 quotes a Verizon Executive as stating that to upgrade the community's system would be difficult and time consuming and would take up to three to five years. Legislator Miller- Williams asks that Verizon conduct a regional study and that they develop a three year plan to upgrade their service in Erie County. Please be further advised that Legislator Miller Williams is in support of the coalition and she asks that Verizon Executives reflect on the efforts they have put towards getting the different municipalities to approve their system upgrades. Legislator Miller Williams also encourages Verizon Executives to duplicate those efforts throughout Erie County so that Verizon Customers have access to all of the higher quality service features that are offered through the FIOS service. ��1�Tili RECEIVED AND FILED a h e r e f ser - C o mm unity"' 0 Wobsite: www.crie.gov/legislature/district03 - E -Mail: bmw@erie.gov � mmm Svfh rPk V %C - 7-1 .5 okc bW1 V1 July 19, 2011 The Honorable Joseph Golombek, Jr. City Of Buffalo Common Council -- North District 1502 City Hall Buffalo. NY 14202 Dear Councilman Golombek: It is with great pleasure that l compose this letter to you outlining the outstanding support Verizon provides for victims ofdomestic violence in our community. I can say with all certainty that if it weren't for the unwavering support of this extraordinary corporate neighbor, the Family Justice Center's (FJC) outreach efforts would be severely compromised. Between last year and this year, the Verizon Foundation has awarded the FJC: $35,000.00 to support our public awareness and outreach efforts. Statistics from the New York Mate Coalition Against Domestic Violence show that one in four women will be abused by an intimate partner in theirs lifetimes. That number rings true in Erie County as well. Therefore, it is vital that we spread the word that the Family Justice Center is here, offering free, confidential help to the thousands of Western New Yorkers and their children who are suffering at the bands of an abuser. Verizon funds pay for our Ambassadors program (speaker's bureau); printing costs for informational materials (pesters, brochures, etc.) and FJC outreach program oversight. Its addition, Verizon Wireless has been very generous in the 1¢JC's efforts to help those who suffer with domestic violence. In October 201€1, Verizon Wireless teamed up with FJC and the Buffalo Bills for the " HopeLine Project" wherein Bills fans donated thousands of no- longer -used cell phones at a home Bills game. The phones were refurbished and recycled or sold. Proceeds were used to purchase wireless phones for domestic violence victims to use in an emergency or threatening situations. Hop6Line also makes financial grunts to domestic violence organizations. Lastly, in 2010, Verizon Wireless awarded the FJC a $10,000.00 grant to assist the FJC in hiring a client services manager to run the day -to --day operations of the Southtowns Family Center (FJC satellite office in Orchard Park). The company also recognized FJC volunteer Debbie Jaeger with the 2010 Verizon HopeLine volunteer award and a check for $2,500.00 that was given to the FJC. In summary, for all of the aforementioned reasons, Verizon is a corporate entity that knows its philanthropic place in society. By helping the FJC reach out to victims, Verizon's generosity has literally saved lives. It is an honor to show Verizon our support. Sincerely, Maur Travers Murphy Executive )Director RECEIVED AND FIL a 4� July 21, 2011 Gerald Chwalinski City Cleric 1302 City Hall Buffalo, NY 14202 N Laboratory Tor New .ideas" Chief vf'Staff James S.1'a}ak, Senior- Legislative Assistant IV Kevin TO..iAider Senior Legirlari.t , Assistants Mg0tc Bellfieid lvlit €•k J. Jaskula William B. Licata Julia A. Patil Karen D. Privateer Jacqueline E. Rushton Legislative Aide James N. Jackson RE: Memo with attachments from the Community Foundation for Greater Buffalo ?� S4+wt City of Buffalo Arts and Cultural Organization Defiunded in Erie County Budget Dear Mr. Chwalinski: Please file this communication including attachments for consideration by the Common Council at their regular meeting scheduled for Tuesday, July 26, 2011. Thank you for your assistance in this matter. Sincerely, Aj r t „ I MES S. PAJAK Common Council Chief of Staff 65 Niagara Square - Room 1413 Buffalo, New York 142€32 -3318 Phone: (716) 859 -5105 Fax: (716)851 -4234 -1 A 4y 07126/2011 11:03 7166522661 COMMUNITY FOUNDATION PAGE 02 c/o Community Foundation for Greeter Buffalo 712 Main Street Buffalo, NY 14202 July 1, 2011 To the Members o f the Buffal Common Council: Below please find an explanation of the process used to date for distribution of emergency funds provided by the Fund for the Arts (FFA) to arts organizations eliminated from the County Executive's budget for 2011. Attached to this letter Council members will find a comprehensive spreadsheet that details how funds have been distributed to date as well as our recommendations as to how the city money should be allocated; under the advisement of the Greater Buffalo Cultural Alliance (GBCA) and the FFA. A second attachment details the GBCA's guidelines for calculating the base figure of recommended funding. The GBCA's list of o rganizations to receive support was wholly derived from the fist of those organizations defunded (or not funded) for 2011 which had either; 1� received past Erie County funding; or 2 - were recommended for it by ECCRAB and approved for it by the Legislature for 2010. Organizations NOT being considered for 2010 (whether per ECCRA8, per the Legislature, and /or per contract) were not included in our list for 2011, but ALL organizations thus defined WERE included, regardless of whether or not they were members of GBC.A. FFA funders* contributed $430,000 in support of the $600,000 targeted total for all groups defunded by brie County. With a few adjustments pro -rated to account for the difference between the $430,000 actual available and the $600,000 target, funds were granted lamely in accordance with the GBCA's recommendations, For the exact amount actually granted to each recipient by FFA in April 2011, please refer to attachment 1. The procedure GBC,A + FFA followed in recommending distributi of the $200,000 in City of Buffalo funding to those recipient groups located in the City of Buffalo started with the total already distributed by FFA, with the intention of bridging the shortfall (or as close as we could get to it) between the $430,000 already distributed and the $600,000 that had been our original target. Our ultimate intention was that every City group would get as close as possible to the original amount recommended by GOCA when our total for all defunded Erie County groups was $600,000, and to achieve this with a combination of money already paid b y FFA and the $200,000 allocated by the City. The resulting recommended distribution is shown on Attachment 1. 07126/2011 11:03 7168522661 COMMUNITY FOUNDATION PAGE 03 CBCA recommends that the "gap" for groups outside the City of Buffalo which were ,; 3 defended by Erie County be addressed through an application process under the auspices of Give 4 Greatness which has raised $90,0 00. If you have questions, or for additional background regarding the aforementioned process, Tease contact Randall Kramer, chair of the Greater Buffalo Cultural Alliance R.Kramer@d@ Lrr& .edu 839 -8539, or Jean McKeown of the Fund for the Arts earm?fb.org 85 ®2857. Ide Dede&er, President/= rnunity Foundation for Greater Buffalo Paul Mogan John R. Gishei Foundation on behalf of Fund for the Arts * The Baird Foundation Louis P. Ciminelli Family Foundation Davis Family Foundation Community Foundation for Greater Buffalo Josephine Goodyear Foundation The Patrick P. Lee Foundation M &T Bank The John R. 01shei Foundation The Margaret L. Wendt Foundation Western New York Foundation Enclosures; Attachment 1 m organizations Refunded by Erie County 2011 Attachment 2 - GBCA Guidelines for Calculating Base Figures 07126/2011 11:03 7168522861 COMMUNITY FOUNDATION Attachment 1 CITY OF BUFFALO ORGANIZATIONS REFUNDED BY ERIE COUNTY IN 2011 r Fund fnr Aft& city of suffma. j _nted I Recommended TOT AI e. July.2011 2011-4 arg nizations April 2011 Buffalo Olmsted Parks Conservancy $0.j. $41, 10,065 1 S7;200 $17, _the F��F� $33,465 $28,200 $1,500 Al!�ywa CE PA , Colored Musicians Club $0 El Museo $1 i-66 Polklori Vince ._ 1 , 465 $100 Hallwalls 00 .065 �724 200 $53 Irish Classical Theatre Co. I -- $17 0 5 00 1 , $38 T�sfd Center ; t --- $3,805 Locust St, Ne rhood $2,500 $6,700 $9 New Phoenix Theatre - - $3 0 Pierce Arrow Museum 44id leis — Travelo Theatre $6 $3 s $6,2F $3,7 Wheel Theatte of Yo .00 $37 uth $20,665 Buffalo & Erie Co. Naval M i l. $15,000 L $200 $15 $2 . 6IT6 Wf CU Center $22.400 R9 U — $1 . 3,065 to . ..... $6,315 i $3,8 $10 Inne C' Ballet 6 T 9 7 $C $ 6065 BPOChorus $2 $2,040 $3 ommu is Chool -- j - 5 t o -- --- $1 t 2 Kavinok Theatre i $1 WNY Artists Group 6is of WNY K 000 Botanical dir—dens §3 906 $2 - 69 - BU — FFALO ' �($200 '$ 2 4G) 0, fO — TA CZ IW Al 1 3 ,350 1 DICTY LY, ElliCott EIIiCCtt Ellicott al 360 L 200 lNitagera 765 4!15911`91 F�6- N is are Boo Niagara 565 North WW PAGE 06 07/26/2011 I1:03 7168 22861 COMMUNITY FOUN DATION PAOE 04 al/ y .. We as signed Bot ; °kf< the $30 to br the total :4 000 (See Note \ »f ■» \f ■. ~ ■%+> °» = NOTE .. ._�. *.,�® \ + ■■ $§ available = :# # ? � 2 � � ._<» there = 2t °f f ::. - ... <. � . . out .. the .:.� . , . . all amounts fact . t? ■_.'■ ¥3. *c: »f�f2#^ ~t� #f# °t #�. #- * #� .» ...+4, =\ ■ �_» ■■# #2 # ~Q . .,,:. recommended . „ .._ across ®. :.. amounts mo « 07/26/2011 11:03 7168522061 COMMUNITY FOUNDATION PACE 05 NOTE 3: We had no other solution for the special case of the Botanical Gardens which Wouldn't severely:reduce all other funding even further, OR jack the total way up over $600,000, Unlike Olmsted Parks Conservancy, there's no history of actual funding received by arrangement County were changed. To more W the { six-figure s -s for the Botanical Gardens by Legislature for 201 b u t never paid would necessarily be unfair to whose every other organization approved for funding by the Legislature for or likewise never paid at by the all County Randy 05 00 0 il M .Elli cott f Development C ompany FJIoF>r a 7f? tSfFimit S� icvc C',3rr7 C- ?tt� Cslkicntt 5elut €re Vr— 2` 5 'Nfahi Street Real P suuc Daveh)pa €eat..Manga cmcnt &- Leasing C3df,alo, A.Y. 14203 -2219 Commere €al Cic idwttial Iul,.' 6, 2011 $tet'cil Casey, Dcplay \ -layor OrkZ of Buflalo CitE' I hall — 65 Niaga a Square Buffalo, NY 1.121i'?. Re: Lovejoy Street Prope Lear Nlr. Case% -: 71.6.85;50060 fax 716.8,52.2829 svwtu.clC €�;(sttdesc opmen[.t�oatt 1s y°ou know, we have been acquiring and have con- ipleted the acquisition of properties necessart� for a rctail dcvelopsrne.nt to go on a site on the south side of Lovejoy Street, betv%oeen Davey acct Gold Streets in the City. NVe applicd to the City 2 y =ears ago to purchase the wrap lot oN ned by the City at this location. All of the details of that acquisition have been completed. The City obtained an appraisal and we are williug to pay the appraised value. The file has been on scorn• desk Fo r over one year waiting for your approval. We fund it distressing that the City does not cooperate in seeing a significant develop €t - icnt take place in a neighborhood setting such as Last Lovejoy, which is cry =ing out For such a development. This move on your hart to delay= and obstma our purchase of the wrap lot is nothing short of government at its worse, tirpical of the Brown administration. This letter is to advise that we are asking the Common Cou ncil to approve the sale without your consent and failing that, we will bring an appropriate Supreme Court proceeding against the Cite for its ignorance, incou ipeteuce and atte nipt to delay our project. We would like to know what N excuse is for hindering this dcvelopn project. Its li€ le you r aci nuilistration got its head Out of its ass. RECEIVED 'ND FILED CPPJpg Cc: Councilman Richard Fontana Bill Paladino All Press Everybody" Ilse Buffalo Common Council Ve lb ley- Ne %bspaper Venn trule tours, I ] I.,ICO TT DEXI�' OPNILNT COMPANY CARL P. PAIADINO Chairman �3 PALADINQ, CAVAN & QUINLIVAN AT roRNIEYS AT LAw CARL P PALAb1NOY 210 ELLICOTT SQUARE JOE R. CAVAiI 295 MAIN STREET PATRICK }. QUINLIVAN"- Bur -FALo, NEw YORK 14203 -2402 PAUL M. GREC30RY ** (716) 852 -8222 KATHLEEN A. LINHARDT July 8, 2011 _ WENDY K. 5CHUSTER TLLECOPIER LORI CARBAUGH (716) 852 -2829 *ALSO ADh -017TFD IN PENNSYLVANIA Hon. William Hochul - " ALSO AD4Il1'TCDIN FLORIDA U.S. Attorney for the Western District of New York 138 Delaware Avenue Buffalo, New York 14202 c H b 11,) j5 7 4, 0 5 Re: City of Buffalo m Public Schools Superintendent James Williams Deputy Superintendent Folasade Oladele Counsel Brendan Kelleher, Esq. Coordinator Mark Frazier Florence Johnson, Board Member And Other John and Jane Does Dear ML. Hochul: Please accept this letter as my complaint against the subject administrators of the Buffalo Public School District (BPSD) and Florence Johnson, Buffalo Public School Board Member for investigation of possible criminality. I enclose for your reference a copy of a letter (Exh.A) that I forwarded to the Grievance Colnlnittee of the Erie County Bar Association concerning what appears to be a severe breach of ethical obligations, conflict of interest, and possible criminal activity by Brendan Kelleher, Esq. Also enclosed are prior communications (Exh.B) I previously sent to the Buffalo Board of Education and others concerning the issues described herein. The perpetrators ruined herein have sought to knowingly, irresponsibly and intentionally interfere with and adversely influence the deliberations and actions of the City of Buffalo Board of Education with reference to: 1.) The gift and diversion of public monies to Folasade Oladele, a /k /a Beverly McElroy - Johnson, for no knownlegal reason and in conflict with her employment agreement. 2.) The Board's oversight responsibility over all funds of the Buffalo Public School District ( BPSD) by way of the intentional diversion of grant and gift monies from foundations and vendors and the illegal solicitation of vendors of the BPSD. 3.) The discharge of Superintendent James Williams. On June 9, 2009, Folasade Oladele entered into an Employment Contract with the Superintendent of Schools, James Williams, "on behalf of" the Board of Education (Exh.C). The contract was apparently negotiated by Williams and prepared by Board Counsel. It provides that in the event that the Board chose to exercise an "out option" and buy out Oladele's Contract, the 44 School District would pay Oladele three months salary. Upon information and belief, Oladele chose to leave the School District because: (1) she feared she would be fired together with her sponsor James Williams who has been under pressure to resign his position as Superintendent for gross mismanagement and incompetence; (2) she demonstrated gross incompetence in her . position as Deputy Superintendent and there existed strong opposition to her education philosophy, programs, including the Voyager Reading Program, and presentations from teachers and principals in the District; (3) she had substantial notice of escalating inquiries regarding her improper, unethical, and /or criminal activities. The Buffalo brews reported in the last three months that Oladele had been interviewing for a position in Cleveland, Ohio. There is evidence that the home Oladele purchased in October, 2006, at 138 University Avenue, Buffalo, New York, has been unoccupied since at least January 2011 and there are indications that she no longer lives in the area. If Oladele was inclined to leave on her own accord, she was not entitled to any severance. Nevertheless, James Williams —in collusion with Board .Member Florence Johnson and without prior Board approval -- interceded and negotiated a one -year salary buyout to ensure Oladele left immediately. Williams' motive was a desire to appease and ease the pressure on him by Board members seeking his discharge and to compensate her to not divulge her knowledge of corrupt and unethical activities on the part of the perpetrators referenced above. With total disregard for Oladele's existing contract, the contract amendment gave Oladele as compensation an additional 9- months salary and other new benefits not included in her contract. Guided by Williams and "Board Counsel" Brendan Kelleher, the mattes- was brought up improperly in an executive session to cloak the illegal gift of public money. On June 8, 2011 Williams presented the contract amendment to the Board. Kelleher then advised the collectively challenged Board that it had no choice but to approve the agreement because the Board's contract with Williams gave him the sole and exclusive power to hire, Fire, and deal with "exempt' administrators as he saw fit. Kelleher did not remind the Board that it was actually the omniscient authority in the District and it could not delegate its responsibility, accountability and authority under New York State law regardless of what Williams' contract might say. %Kiiihams w merely the agent of the Board in all employment agreements. Having, been subjected to the coercion of Florence Johnson, Williams and Kelleher in violation of sec. 195 and. 195.05 of the NYS Penal Law, the Board approved the illegal gift in a 5 -3 vote. The pathetically inept collective Board of Education had actually been convinced over time by Williams and Kelleher that Williams was the sole power in the BPSD and that he would determine what matters they Nvere to deliberate on. For instance, with the issue of closing the Campus West School—which caused an enormous outcry by parents, teachers, and citizens alike — Williams told the Board that it was not a policy matter and it was in his sole discretion to do as he pleased on the issue. Amazingly, the Board listened to that nonsense and never formally entered the argument on the issue. Williams -- -again in collusion with Florence Johnson —then lied and misrepresented facts to the community and the Board by telling them that it was Buffalo State College that wanted the school closed when in fact Buffalo State had no such desire and would have converted Campus West to a Charter School, returning it to the school of excellence that it was when Buffalo State previously operated the institution. 2 � l This deceit by'Williams and Johnson was apparently payback to Rumore for his assistance in 2010 in coercing Board members "controlled" by Rumore to support the four -year extension of Williams' contract and to overlook the fact that a May 2010 State Board of Education report condemning Williams and his incompetent administration for mismanaging the dysfunctional BPSD was intentionally withheld from the Board until weeks after Williams' contract was extended in the Fall. Withholding material facts from the Board in their deliberations on his contract is clearly fraud in the inception of the contract, rendering the contract extension null and void. Fraud is also a criminal act under the New York State Penal Law. Williams and Kelleher had over time illegally advised and misrepresented to Board members that anything discussed in executive session was strictly confidential and could not be disclosed. This practice is also used presently by the collectively cowardly Board to illegally cloak from public scrutiny discussion of the irresponsible activities and proposed discharge of Williams. The public has a clear right to know that the four black women on the Board support the retention of Williams with no regard for the thousands of unlucky children of their community (those who lost the lottery for admission to a Charter School) who every year are being forced into a dysfunctional public school system and relegated to a less than fulfilling life. They are joined by Board member John Licata, an attorney who consistently seeks to delay a vote on the issue of discharge of Williams and is either complicit with Rumore and - Williams or has a dysfunction of his own to deal with. They have conspired in an effort to keep black control of the district and find another black and challenged superintendent who is a pushover for the teachers union. Other Board members appear to be in favor of dismissal but lack the commitment to the children and the intestinal fortitude to even bring the matter to a public vote despite the deafening public outcry. The black and union cabal controls purchasing, contracting, teachers and administrative assignments, appointments, etc. smothering and hindering the District's ability to teach but nevertheless spending 525,400 per student, the highest in the State. The tuition at Nichols is $16,000 /year. As public officers and fiduciaries, Board members have a responsibility to report criminal activity, but Buffalo's intellectually irresponsible Board members have not to date reported the illegal gift or the other unlawful conduct of Williams and Kelleher. Several board members have publicly stated that Kelleher and Williams knowingly, intentionally and wrongly counseled that they were prohibited by law from discussing what transpired in executive session and that "all" personnel .matters had to be discussed in executive session. This practice allowed the perpetrators to conduct their illegal activities in the cloak of executive session. "You can't say anything about it. That's the law," one Board member said last week. Robert J. Freeman, Executive Director of the State's Committee on Open Government has rendered an opinion that only "confidential" information may not be disclosed from an executive session and that "confidential" information is only information that is specifically deemed so by a separate State or federal statute. There exist no laws categorizing discussions of spending public funds as "confidential," nor are there existing laws categorizing the discharge of the Superintendent or the Deputy Superintendent as "confidential." Freeman noted that while Board members have the option of discussing such matters in executive session, there is no legal reason to do so behind closed doors. He said that discussing the Superintendent's contract differs from discussing specific students, for instance, because a federal ': statute —the Family Educational Rights and Privacy Act—specifically protects student information. Obviously, there is no statute protecting the Superintendent's contract. Keeping such discussions behind closed doors of executive session is strictly discretionary and subject to abuse as occurred here. "It's one thing to disclose information that pertains to a student that's protected by statute. It's another thing to say, `Shut up or else,' if you talk about the Superintendent," Freeman said. Freeman noted that a decision by a past state education commissioner prohibits school board members from disclosing "confidential" information discussed in executive: session. However, that ruling has no foundation in case law, Freeman said, and he questioned whether it would hold up to a challenge in court. A copy of Freeman's statement (Exh. D') is attached. Kelleher never advised the Board that he was conflicted and that the Board should seek independent counsel. Nor did he advise the Board that they were making an illegal gift of public monies. In a later executive session, when the Board sought to reopen the issue of Oladele's buyout, Kelleher advised the Board that they could not reopen the question because there was a chance Oladele would sue the Board. This was prior to the Fiscal Control Board's necessary approval of the contract, which it has not done to date. To summarize, Kelleher advised the Board to make an illegal gift of taxpayer money and then advised them that they could not rescind their approval of the illegal gift because the recipient of the illegal gift might commence a lawsuit. Kelleher's legal advice is either intentionally criminal or lie is too incompetent to realize that it is. Either way, he trust be removed. Upon information and belief, Oladele has been responsible for the operation and funding of the Buffalo Executive Leadership Academy TELA) and the independent not - for - profit Buffalo Public Schools Foundation (BPSF). Over the years Oladele, sanctioned by and with the knowledge of Williams, made applications for various grants from private foundations to fund BELA, ostensibly for activities related to the operations of and for the benefit of the BPSD. She then ordered and condoned the diversion of foundation gift monies directly to the unaffiliated Tower and UB Foundations and Canisius College for redirection to or on behalf of BELA so as to intentionally and illegally keep the grants off the books of the BPSD and avoid the oversight and approval by the Board of Education or the public in the disbursement of the funds. Monies were then disbursed on the instruction of Oladele or other BPSD salaried administrators without the authority and approval of the Board of Education to or on behalf of administrators of the BPSD, including Oladele and Frazier, for activities conducted by them on BPSD time. All of the off budget embezzlement and manipulation of funds was hidden from public scrutiny. Williams attempted to cover up and minimize the larceny, embezzlement, and improper diversion of public monies to the BELA, which he had condoned and participated in, by stating that the administrators had ttunepm tioic given up vacation days last year to compensate the district. However, he not only failed to give a promised complete public accounting of the trade off, but his math was alarmingly messy because the larceny embezzlement took place over a period of at least six years with at least one day a week during the school year devoted to the BELA projects by the administrators on BPSD tune. Did the administrators trade off 200 vacation days? That suggestion is preposterous and ludicrous. Williams owes the public and the School Board an explanation. The activities conducted at BELA were described in some grant applications as being performed by administrators on BPSD time and the grants were intended to be reimbursements to 4 the School District for amounts advanced for those activities. Upon information and belief, in one particular instance, Mark Frazier, a BPSD Lead Coordinator, applied for and received an $85,000 grant from the Wallace Foundation addressed to the Buffalo Public Schools. He then attempted to have the administrator of such grants endorse the check to BELA so that the monies, which were intended to reimburse the BPSD, would not pass through the District but would be dispersed as additional compensation to or on behalf of the alleged administrators of BELA. Mr. Frazier also had the brazen power to invade BELA. funds to pay for the many "business" vacations that he and his cohorts took to New York City and elsewhere around the country over the years. When the BPSD had a residency requirement, although he owned a home in Hamburg, Frazier lived with his companion (who had been deported from the United States) in Crystal Beach, Ontario, Canada. In either case, he violated the residency rule. All pigs are equal but some are more equal than others. . Oladele and Williams, in concert with others, used and continue to use their positions as officers of the BPSD to coerce and otherwise extort gift monies and other in -kind gratuities from vendors of the BPSD for the benefit of the BSF in an unlawful pay -to -play scheme in violation of State bidding laws. Oladele and Williams concocted a scheme to divert monies of the BPSD to Williams' off budget and private "not for profit" BSF. They amended the District's request for proposal format to circumvent New York State competitive bidding requirements mandated by General Municipal Law sec. 103 and 9 NYCRR 4.170 to include a statement asking vendors to include in their bids a description of the amount the bidder would pay the district to vin the contract. The district's committee was then to improperly, arbitrarily, capriciously and unlawfully evaluate bids based on the following criteria: exclusive rights compensation, product pricing, customer service, community service, additional compensation and . product line and quality. The gift (kickback) in one case was $17,000 For a 5 -year exclusive contract. It is ridiculous to believe that the cost of the gift would be borne by the vendor personally. Of course the vendors would simply raise their bid price to include in the cost of the work performed or goods provided to the School District the amount of the extorted kickback, shutting out competitive bidding, permitting unfair advantage and favoritism and thereby causing the School District to pay more for the purchased items than it should have. Using this circuitous route to illegally divert Board funds off the hooks to fund the unknown and undefined activities of the private BSF without the oversight of the Board of Education or public scrutiny was clearly an illegal use of government money and a pay -to -play scheme. One of the payoffs to vendors for "gifting" money to Williams' foundation was the award of exclusive multi -year supply contracts also in violation of State bidding la lort,g as the vendor premised a grrap-anteed perceratcrge discount belwv the catalog pace. So, if the catalog price was X100 and the vendor promised a 30 percent discount, the price to BPSD would be $70. This sounds great; except the vendors bought the goods for perhaps 20 percent of the fabricated catalog price and earned a handsome profit allowing them to then give kickbacks or payoffs to Williams' foundation. The pay to play scheme has been around for years. An Artvoice article from February 13, 2008 [Exh. E] points out that the Buffalo Schools Foundation 2006 tax return identified the following contributions: 5 Philip Rumore for approximately 30 years in his capacity as President of the Buffalo Teachers Federation (BTF), has dominated, influenced and interfered with the election of Board members and the deliberations of the Board on various issues. Despite the fact that he is the chief adversary of the Board, he doesn't think twice about donating funds and giving support to candidates for Board seats in order to adversely influence the Board's objectivity in it's deliberations on issues regarding teachers or administrators. Rumore fears a tough administrator and negotiator life Don Ogilvie will negate his power over the Board and it is in Rumore's interest to keep a weak talking head like Williams in office. When Ogilvie was suggested as interim successor to Williams, Rumore joined with Florence Johnson to say that the highest regarded school Administrator in ' %Iestern New York had no idea how to operate an urban school district. Hello! What is wrong with these people? Trvo Board members actually echoed the remarks. Rumore has now pushed the envelope so far that he thinks his interference uith the Board is legal. He has extended his influence to the incredible point that he significantly dominates Board action and controls the operations of the BPSD. He not only influenced Board members to vote for the extension of Williams' contract but is presently influencing the Board's equivocation on the issue of the immediate discharge of Williams. In a stunt designed to placate Board members on the issue of leis discharge, Willi, ms announced on June 2, 2011 in a press conference that he would retire effective June 30, 2011. Section 31 of the Public Officers Law of the State of New York requires that such notice be in writing or it is legally inoperative. Williams has not put his retirement in writing. In fact he probably will not because he doesn't intend to retire. His pension benefit goes up 10 percent every year he stays on. In addition Williams' actions over the last 4 months are designed to prolong his stay as Superintendent as long as possible so as to: 1) allow a coalition of black leaders led by Florence Johnson, Maurice Garner and Byron Brown to search for a replacement with the intent to have a weak black successor to Williams instead of the Kest person for the job no matter what the color. They want a person .,rho will yield to their pay to play kickback schemes, fraud, larceny and other corrupt practices. They want to control appointments, assignments and duties by putting their "friends and family club" in key positions despite competency. The cabal of Black leaders has no regard for the plight of the children in the district as %xdtnessed by the recent ignorant statements of Byron Brown essentially saying that he believes everything is hunky dory in the BPSD. Florence Johnson, Board President at the time, and an admitted racist, hired a search company with instructions to find a black person and solely and without consultation or the prior approval of the Board, found and hired Williams. She coached him on what to say to win the support of a concerned leader of the business community who wanted someone who would stand up to the union domination and she neglected to tell anyone before the hiring that Williams had been fired two years prior: by the Dayton, Ohio school district. She knew Williams was a racist as illustrated again on film by a remark Williams made on June 27, 2011 to a Board member going into executive session when he cynically asked whether the Board member was coming "from a white caucus" prior to the meeting. 2). To fulfill his pledge to Phil Rumore to negotiate a contract with the teachers union Williams made the announcement on or about June 22, 2011 that he was now starting negotiations with Rumore. The announcement was "coincidentally" a couple of days after a Board meeting 7 . T where a Rumore lackey on the Board deflected another attempt by members to discharge Williams. Again on June 27, 2011 the lackey interrupted a vote to discharge complaining that he had "legal questions ". Absurdly the laid back and catatonic Board again delayed the vote. Pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO), the "enterprise" is the BPSD. The perpetrators committed multiple acts of "racketeering activity" as set Forth above in furtherance of the illegal scheme and such activities, as described above, involved the use of Federal funds and interstate commerce and include., but are not limited to, violations of the Hobbs Act 18 U.S.C. %1951, 1341, and 1343, and New York State Penal Law. Pursuant to RICO, the illegal activities of the perpetrators constitute a pattern of racketeering activity as a closed ended and /or open ended continuity and /or because they extorted and intimidated the Buffalo School District vendors and the Buffalo Board of Education and others. The pay -to -play scheme -was developed and implemented against the BPSD and others through numerous threats and demands over a period of more than six years. The illegal activities of the perpetrators constitute a pattern of racketeering activity which, left unchecked, have and will become the regular manner in which such persons exercise their authority within the enterprise and further beget a threat of continuing improper activity. Moreover, left unchecked, the illegal activities of the perpetrators are likely to occur in the future. The illegal activities of the perpetrators clearly constitute a pattern of racketeering activity based on the escalating demands of the perpetrators. Such escalating demands imply a threat of continuing criminal activity. By reason of refusal to comply With the illegal use of government monies and "pay -to- play" schemes employed by the perpetrators, the BPSD and various vendors have been financially injured. I submit that the aforesaid activities on the part of the perpetrators were part of an extended and consistent pattern of activities that constitute conspiracy and racketeering under the RICO Statutes. By copy of this letter I request the Board of Education immediately suspend or discharge Jaynes Williams, Folasade Oladele, Brendan Kelleher, and Mark Frazier pending the outcome of a federal investigation, and then to finally do a real service to the community the Board must resign for gross incompetence and collective dysfunction. By copy of this letter I further request that the New York State Board of Regents act under its powers to suspend or deny any further State financial assistance to the BPSD pending the resignation of the Board and James Williams for gross incompetence collective dysfunction and illegalities in which case the State Education Department must appoint a Special Master to operate the BPSD. By copy of this letter I request that the Comptrollers of the State of New York and the City of Buffalo conduct a forensic audit of the BPSD, BE LA and the BSF, regarding the matters discussed herein including but not limited to the issue of the buyout of Oladele's contract, the use of unlawful RFPs and exclusive contracts in violation of State open bidding laws, the solicitation of kickbacks from vendors, the mishandling of grant monies made to or on behalf of the BPSD, and the application for and mishandling of monies, provision of jobs and personal services contracts extorted from vendors of the BPSD for the benefit of the BSF and Maurice Garner. Finally, I ask that the City of Buffalo Fiscal Control Board deny the approval of the Oladele buyout agreement pending the results of a full investigation by the U.S. Attorney. James Williams during his entire terin as Superintendent has been a resident of Maryland. His family resides there. He has no personal affection for the people of the City of Buffalo, spends an inordinate amount of time at home or on nonsensical "business" trips. Ile commands little if any respect in the community.. He is not inclined to do anything meritorious to change the unacceptable status quo. Florence Johnson hired hitn because he was black and available. She did not hire him because he was the best person for the position. Our children are the most valuable gifts we have in life. Their futures and their lives are foremost on the minds of our citizens. They should not suffer at the hands of mediocrity if not incompetence. There is no time or place for racial or political decisions. We -, rant the best leadership and the best educators. An incompetent Superintendent and insensitive Union President Phil (no teacher left behind) Rumore shamelessly have allowed the BPSD to decay to the point that it is referred to as the worst school system in the State. In addition, a dysfunctional BPSD is and has been for decades solely responsible for the flight of the working class from the City and the high level of crime. Shrines on corners where youth have been killed by gang activity are actually memorials to the incompetent leadership of the Board of Education and its administration. Very truly yours, Carl P. Paladin CPP /pg Enclosures cc: Buffalo Board of Education City of Buffalo Common Council Buffalo Teachers Federation NYS Board of Regents City Comptroller, City of Buffalo New York State Police City of Buffalo Fiscal Control Board New York State Comptroller Hon. Frank Sedita, Erie County District Attorney Erie County Bar Association Grievance Committee I on. John King, Commissioner, New York State Board of Education REFERRED TO THE SPECIAL COM IE N EDUCATION M x 14 3713 1_r A� PA LADING, CAVAN & QUINLIVAN A Tomr_y AT J.ANxr CARL P PALrtDIN0 JOr R- CAVAN PWPUCK J. QU[N1JVAW- PAUL 1`t. GREGORY" KATHLEEN A. LENHARUT 51'l1;ND)' K. SC:HUSTER LORI CARBAU011 Grievance Committee Eric County Bar Association 438 Main Street, G` Floor Buffalo, New York 14202 To Who "' It May Concern 210 ELLICOTT SQUr >Rl. 245 MAIN STREET BUFMLO, NIzW YORK 14203-2402 (716) 852 -5222 1 E�rcc�rtarc June 20, 2011 t�16 }sszasag 'ALSO.lUMITfID IN MINS LLAMA. * *ALSO ADMITTED IN FLORIDA Re; Brendan Kelleher This letter shall scree as a complaint on Behalf of the children of the City of Buffalo who are students. in the Buffalo School Dist1•iet against Brendan Kelleher, Esq. Mr. Kelleher is the attorney for the Buffalo Board of Education and as such, has an(( continues to act unethically with severe an([ notable conflicts of interest. He attempts to represent the interests of not only the School Board but also Superintendent James WilliatlIS on issues where they materially differ. His actions, especially during recent deliberations on the issue of the contract buy out of 1"olasade 01adele a /Isla Beverly McElroy'Johnson are obviously conflicted. Ile has encouraged unnecessary "executive sessions" to cloak his tainted and improper advice to a Board that is collectively challenged in its knowledge of substantive law, procedures and ethics. In fill executive board nicethig Kelleher advised Board Members that they do not have the authority or power to discharge Oladele and had no choice but to approve the elnployn'ent contract tern>ination anzendluent Williams made to pay her one year's salary instead of nothing or the 3 months salary called for in her en>ploytlient contract of .tune, 2009. 1n fact Oladele was seeking other employment and has not lived in her house at 138 University Avenue for months. She intended to resign her position in - ,vhich case she would be entitled to no severance pay but for no defined reason Williams chose to negotiate a buy out which is clearly an illegal gift of public funds. Kelleher justified his advice to the Board by advising that the Board's contract with Williams provided that only Williams was authorized to discharge or otherwise deal with the employment of Oladele. He alone interpreted the contract for. the Board. Williams in .fact is only an agent of the Board. Kelleher's positions and advice have continuously favored the Superintendent effectively telling the Boar that it eras subservient to the Superintendent. A A Kelleher's € lotivations are clear. If the Superintendent is discharged Kelleher will lose leis job. If Ile doesn't go along wit11 the Srtlledtrtende corrupted alid criniinaI diversion of the public monies to laolasade Oladele, lie will lose iris job. As a result, he has failed to truthfull advise the Board or tell thetit the should seek independe Counsel in their deliberations and activities when they conflict A,vith Williatim Iii addition, as Board attorney, Kelleher has knowingly failed to probet•ly investigate an attempt by Marls Frazier, Lead Community Superintendent in concert with others, to illegally convert tine private Wallace foundation grant mo nies by instructing and coercing an administrator to sign a check over to hinr that properly was a reimbursement to the Board of Education. Kelleher has also knowingly conspired with Oladele to allow private monies granted or gifted for activities of tine Board of Nucation to be diverted to off budget foundations or colleges to be disbursed for the benefit of and at the direction of Board administrators and Oladele and has knowingly allowed Oladele and Williams to use the I)otivers of their offices to extort and coerce v6ndors of the school district to make gifts of 11 to the Leadership Academy and Buffalo Schools Foundation, if they 1vat�Yed to keep their contract as vendors. Mr. Kelleher illustrates a lack of integrity, character and ethic in m Iris aligned service to the Board of Education I request that the Isar Association investigate Mr. Kellelter's activities. He should not have a license to practice law, His actions have detrimentally affected the futures of thousands of school children in the Buffalo Public Scliool system, By copy of this l I request that the &tft'alo School Board immediately suspend or discharge Brendan Kelleher lending cotupletio of the investigation by the Grievance Committee. Very truly yours, Carl P. Paladino CPP /pg Cc: ISon. William I U.S. Attorney Hon. Frank Sedita, Erie County District Attorney Board ofEducatim City of Buffalo Fiscal Control Board N.Y. State Board of Regents Comptroller of the City of Bctffalo Buffalo Common Council Ca 21# Elficatr Square 29.Emllij, stfect Aiffalo, NY14203 June 20, 2011 Board of Education 65 Niagara Square Room 801 City Hall Buffalo, NY 14202 Attn: Public Accoss Officer To Whom It May Concern: Under the provisions of the New York State freedom' of Information Late, Article 6 of the Public Officers Law, I hereby request the following records or portions thereof pertaining to: 1. The Buffalo Public Sebool l!rrstruetiooal Leadership Development Academy (Academy) alta The Buffalo Executive Leadership Academy for the period 2046 to the present: • The date of inception for the Academy • Copies of the annual statements for the past five years showilig income, expense and balance sheets, • The Mission Statement • The nanics of all administrators who Nvork for the Academy, their duties and amount paid each by the year for six years. Copy of the Academy's training session solledules. e List of grants or other sources of funding and amounts from each source received by the Academy over the past six years and tire, purpose of the grains, * A fall accounting of all Itemized expenditures for each grant above, including, but not limited to: itemization of all travel expenditures Copy of all time records submitted by each Academy employee documenting the days/hours worked for the Academy. The number of leave hours relinquished by cacti administrator who is or was an Academy employee as stated by Spokeswoman Elena Cala in Buffalo News article by Mary pasniak dated March 16, 2011; and copies of those records reflecting the relinquished leave along with the methodology/accounting used to determine the amornrt of leave relinquished. * All amounts of Leadership Academy liunds disblrrsed to Mark Frasier and Folasade Oladele. It. For all aclininistrators in exempt, unclassified service.: Conies of Financial Disclosure, Forms I would ask that you forward by email any records maintained electronically. If there are fees for copying the records requested, Tease inform me before filling the request. As you know, the Freedom of Inforrrsation Law requires an agency to respond to a request within five business Mays of receipt. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the decrial in writing and provide the naive and address of the person to wlroni an appeal should be directed. Thank you. Very ft-aly yours, Carl P. Paladino CPPIjo Cc. All Press US, Attorney Members of the Board of Education Members of the Buffalo Conlnion Council Buffalo Fiscal Stability Authority d PALADINO, CAVAN & QUINLIVAN ATToRNviYs AT L imt CART. P, PALADIN€ 4 : JOE R. CAVAN PATRICK 1. QUINLIVAN* RAUL M. GREGORY" KATHLEEN A. LINHARDT WENDY K, SCHUSTER LORI CARBAUGH Buffalo Fiscal Stability Authority 617 Main Street Buffalo, New York. 14203 Gentlemen: Juice 15, 2011 210 ELLIC ff SQUARL 295 MAIN STRUT BUrrALo, NEW YORK 14203 -2402 (716) 852.8222 'I'PL €corl�Il (715) 852 -2829 'ALSO ADMIT £W INPENNSYLUWA "ALSO ADMITTED IN RORIDA Re: Cite of Buffalo — Board of Education Today the Board of Education is presenti►rg to you.a settlement agreement on the buyout of its contract with Ms. Folasade Oladele, the Deputy Superintendent of Schools. I submit to you that the settlement should not be approved by the Buffalo Fiscal Stability Authority (BFSA) insofar as it was arrived at illegally and based upon misrepresentations in the inception. I am enclosing herewith a copy of Ms. Othdele's contract dated .rune 15, 2009 where it states clearly in (lie first paragraph that the Superintendent of Schools was entering into the contract "o behalf of the Board of Education ". Oil tine bottolre of page 9, the contract defilies the "out option" in which case the contract buyout would be three (3) niontlis compensation. The Board of Education vas significantly disenchanted with the performance Ms. Folasade Oladele and she kacw it. She has been interviewing for a job elsewhere and no longer resides at her address in Buffalo. The house is for sale, Without prior authority from the Board, Janles willianrs chose to negotiate a Wyout with her that she receive a frill olie- year's compensation and benefits upon her termination effective Rine 30, 2011. This was done despite the fact that tine Superintendent's authority for making agreements was limited to $10,000. It was done without the Board's authority but when submitted to the Board, which had contemplated the discharge of Oladele, tine Board was informed by Board counsel Brendan Kelleher that (he board did not lave the power to discharge Oladele and was compel Ied to accept the Stlperi III cridelitIs settlement with her. As a result, [lie Board voted 5 -4 to accept the settlement. I submit to the BFSA that the Board's vote 01i accepting the Superintendent's negotiated termination agreement %vas based upon coercion and InisrePreseiltations from counsel as to the Board's authority. Unquestionably, the Board is the kraal authority in the school district. For its cor_rrasel to tell the Board that they didn't have the poxver to dismiss Oladele and that the power is reserved only to the Superintendent, was a misinterpretation of the contract of employment and clearly should be investigated by the proper authorities before the BFSA approves the same. Members of the Board 'were prepared'to meet tonight to witladraav the approval but once attain, Board counsel Brendan Kelleher told the Board that the Agreement had already been sighed and any Board action to rescind approval would probably be met by a lawsuit. Once again, this advice from Board counsel is nonsensical insofar as the Agreement is not an Agreement until the Fiscal Stability Authority approves it. 111 'any event, an Agreement based capon misrepresentations in the inception fails. It should be rioted that Oladele's employment by the school district is colored by the fact that she received off --- budget compensation from grants illegally and improperly without notice to the Board. I ask that the BF'SA adjourn the approval of the Agreement pending the results of a referral to the District Attorney and the UX Attorney for investigation and the opinion of outside counsel concerning the above. I am also enclosing herewith a letter dated .Tune 3, 2011 to the Board of Education concerning the performance of the Superintendent of schools who should be immediately discharged for his incompetence and chicanery. Thank you for your attention to the above. Very truly yours, Carl P. Paladin Clip /pg Errcls. Cc: All press U.S. Attorney Buffalo Board of Education Erie County District Attorney l- verybody Else ' y.. .lane 3, 2011 Buffalo Board Of Education Room 301 City Mall . . Buffalo, New York 14202 Re: pysfunctionftl Board Dear Members of the Board. Enclosed are copies of my most recent communications with the Board. Can behalf of the children in our City public schools, and their parents, who you are charged with representing, we implore you to join in an immediate vote of no confidence and demand for the resignation of .lames Williams to be effective no later than the end of this school year. We no longer care if you must pay him a 6 month termination fee. We've lost millions in waste and grants that he failed to apply for. Our children can't wait another year for education improvements. Less than 50% of all students and less than 25% of black males graduated last year. It is not your choice or right to equivocate on the issue. You are elected to implement the will of the people you represent. You have abrogated your right to speak for and protect the children of Buffalo. You have violated the public trust. Your Board is and has been a farcical joke with no respect -for the weight of responsibility entrusted to you.. Williams, his cohorts on the Board and Phil Rumore, on whose watch for 30 years the system has collapsed into the abyss, has dictated to you that his sickly and lame administration will continue for another year. The collective Board lacks a cogent understanding of its role and the intestinal fortitude to do the job. Even one more day of incompetent leadership is an eternity for the children who have been denied an education and the opportunity for a fulfilling life by a corrupt education cabal. The Board has failed pathetically to recognize and act deliberately to rid the system of its arrogant and incompetent Superintendent who, despite his finger pointing, is primarily responsible for the chaotic state of the system today. Parents, children, teachers and the community have lost all respect for him. Your collective, laid back attitude shamefully allowed Williams to fully control and relegate the Board to the sidelines as spectators while the system denigrated and stagnated. The extension of Williams' contract shocked the. community, Rewarding failure illustrates gross incompetence. Useless and hollow rhetoric instead of proactive change have been the mantel of the Williams' administration. Meeting after meeting you have sat there listening to feel -good presentations unable to connect the violence on our streets with our school dropout rate. James Williams in devoid of any real vision, the tools to implement that vision and most importantly, any real sensitivity to the children of our community. His tenure should have ended months ago when it was discovered that he withheld from the Board, during his contract extension deliberations, a material fact, that being a scathing report from the State pointing out the failures of the system and the Superintendent. His overt: lies to the Board over the Campus West closure, the hiring of 28 administrators many of whom were unqualified, his out of control absences from Buffalo, especially during such critical times, his insulting absences from key meetings with State officials and his denial of information requested by the Board illustrate his disrespect for the Board, the children, their parents and the citizens of our City. Two weeks ago Williams agreed that if it was the consensus of the Board that he leave, he be allowed to resign with dignity effective at the end of the school year and he would not seek any further compensation. To buy time to further their own agendas Chris Jacobs and Florence Johnson equivocated and demanded a proper evaluation process" to delay a vote of "no confidence" until after loam Cahill, a supporter of the discharge of Williams, left the board on May 13, 2011. The delay also gave them and some inner city ministers time to coerce Roz Taylor and Ruth Kapslak with threats of reprisal if they supported discharge. The Board has failed to disclose each and every evaluation and its particulars which will reveal the complicity of certain Board members whose evaluations were designed to prop up what would otherwise be a failing grade. The community demands the release of all information relative to the current evaluations. We will then connect all the dots. You have been misled into equivocation by Board members who selfishly have a political agenda, fear embarrassment because they participated in the hiring of Williams and are complicit with apparent leaders of inner city constituencies to protect their control over patronage, assignments and contracting and otherwise feed on the graft and corruption of $945 million budget. For 20 years Florence Johnson has sought power only for the sake of power with a total disregard for the children of her own community. She has no regard for the forgotten children she relegates to a dysfunctional life. Florence Johnson does not want Williams' immediate resignation or retirement because she wants to maintain "Black" leadership instead of the "best" leadership no matter what the color. She complains that Dr. Ogilvie has no "urban" experience when in fact he has supervised, investigated and reported on the Buffalo system and has wide experience in educating challenged children. The Community demands the immediate resignation or discharge of the Board, the discharge of James Williams and appointment by the State Board of Regents of a Special Master to operate the school system for a minimum of 5 years. The good teachers in the system must send Phil Rumore packing. Enough is enough. He has recklessly conspired with Florence Johnson and Chris Jacobs to influence and interfere with Board deliberations and coerce board members. We are asking the Erie County District Attorney and the U.S. Attorney to investigate. Federal funds are involved. Our New York State legislative delegation must approve legislation to empower the New York State Board of Regents to discharge the Board of Education and the Superintendent and take over the system. The issue must rise above politics to correct this travesty. There are only 8 session days left in Albany. The children of our City demand the right'to an education. If those copied with this letter agree with the above please respond by return email or letter with your name and town or city of residence. The names, emails and cell numbers of Board members are given below in the event you wish to contact them. Very truly yours, Carl P Paladino Chief Executive Officer cc: Members of the Buffalo Board of Education Members of the Buffalo Common Council NY State Legislative Delegation, WNY NY State Board of Regents Hon. f=rank Sedita, Erie County District Attorney Hon. William Hochul, U.S. Attorney Everybody Else Buffalo _Board of Education Dr. James Williams 716 816 -3576 lawilliam buffaloschovls.or Ralph Hernandez 716 864 -4983 rhernandez0 buffaloschools.or g Christopher Jacobs 716 472 -5624 c acobs bgffaloschools.or Florence Johnson 716 609 -0962 y f`ohnson buffaloschools.or Mary Ruth Kapsiak 716 225 -0529 mrkapslak a@buffaloschools.orq John B. Licata 716 982 -2896 lblicata @cartel net Jason M. McCarthy 716 572 -9560 mmeegab a,buffaloschools.ora Louis J. Petrucci 716 316-6310 1 etrucci buffaloschools.Or Roz Taylor rite for (M buffaloschools.or Now York Mate Assembly Members Crystal Peoples- Stokes Mark J. F. Schroeder Sam Hoyt Robin Schimminger John Ceretto Jane Corwin Dennis Gabrysak Jim Hayes Crystal Peoples Kevin Smardz Stephen Hawley ew lesc(Oassem blv. state. nv. us schroemft-assembly.state.ny.us 716 851 5151 ho is assembl .state:" .us _robinC@,robinschimminaer._com cerettoi, assembly. state. ny.us corwinj@assembly,state.ny,us 716 851 -5648 meml4q@gmaii.com hayesj@assembly.state.ny.us peoplesc Qassembly.statemy.us Michael LoCurto smardzkCq)assembly.state.ny.us David Rivera hawleys assembl .sttat� nuu� Now York State Senate Timothy Kennedy Mark Grisanti Michael 'Ranzenhofer Patrick Gallivan George Maziarz kennedv er7i.nvsenate.aov grizantlemsenate.gov ranz@nysenate.gov galrivant@nxsenate.gov maziarz(Mmsenate. ov Buffalo Common Council Members: Richard Fontana 716 851 5151 David Franczyk 716 859 -4138 Darius Pridgen 796 851 -4980 Joseph Golombeck, Jr. 716 851 -5648 Michael Kearns 716 851 -5969 Michael LoCurto 716 851 -4553 David Rivera 716 851 -6125 Bonnie Russell 716 851 -5165 Demone Smith 716 851 -5443 rfontana c�i.city- buffalo.com dfranczyk@clty- buffalo.com dpridgen@city- buffalo.corn jgolombek @city buffalo.com mkearns&oity- buffalo.com mlocurto@city-buffalo.com darivera ,clty- buffalo.com brussell@cityabuffalo,com dsmitt@city-buffalo.com W B l= N AD This is Carl Paladino. 23 of 61 schools are complete failures. The graduation rate is 47 %, 25% for black males, it's the worst public school district in the State yet we spend $25,600 per year per student. Buffalo's School Board, elected by less than 5% of the district to implement the will of the people, has violated the public trust and rewarded failure allowing its scheming Superintendent, James Williams, to resign effective next year. Our children can't wait another year for a fair education and fulfilling life. Racist Florence Johnson has for 20 years protected the corrupt power of the black sisterhood instead of pursuing the best education for our inner city youth. Instead of the best superintendent, no matter what the color, she wants a black superintendent to succeed Williams. Williams, Johnson and Phil Rumore coerced board members Roz Taylor and Ruth Kapsiak to deny a vote of no confidence, They elected Cottman, Rumore`s candidate, to fill a Board vacancy without blinking. Rumore, the Board's adversary, continues to illegally influence and interfere with Board confidential deliberations. Williams' made the sadden announcement that he is beginning negotiations with the union for a new contract. Heliol 11 Sounds like quid pro quo. The Board approved Williams' ridiculous $168,000 with full benefits golden parachute buyout to the corrupt Oladele after Board attorney Brendan Kelleher amazingly advised the ignorant Board that they didn't have the power to fire her. For years this incompetent Board complicit with Williams and Rumore has thrown our children under the bus. Lead, follow or resign. Fwd :. E nailing: press release; ROADMAP TO EDUCATION REFQRK .. Page 1 of 1 From: jackleob8@aol,com To; .Jack €eobq@aol.com Dec; MayprBrownWebMail @ch.cl.biiffolo,ny.us; CPalad €na @elticottdevelopment.com; rltaylor@buffaloschools.org; jmmecarthy @buffaloschools.org', 1petruccl@buffaloschools.org; pperry- eahill a@buffaloschools.org; jblfcata @buffaloschools.org; flohnson c@buffaloschools. org; ojacobs@buffalosahools.org; mrkapsiak @buffaloschools.org; rhernandez @buffaloschools .org; dsmtlh @city- buffalo:com; brussell @clly- buffalo.corn; dar €veryt@c4- buffaloxorn; mlperifto @city- buffalo.com; tnkearns@clty- buffalo.com; jgolombek a city- buffalo.com, dfranczyk c@7r city- buffalo.com; rfontana @clty- buffa10 -c0m; dpridgen c@dty- buffalo.com Subject: Fwd: Emailing: press release; ROADMAP TO EDUCATION REFORK , . Date; Wed, Mar 9, 20112:48 pm Attachments; presajelease.pdf (782K) From; Carl Paladino: Sent: Wednesday, Mcrch 09, 2011 2:01 PM To: Carl Paladino . Subject: is Email?rng: press release; ROADMAP TO EDUCATION REFORM, 5' we submit the attached for your review and continents. Please feel free to forward to friends and family and/or republish on your Blog or Website, We submit this statement of issues to the Baffalo Board of Education and request that they immediately discharge the superintendent for cause insofar as it is the opinion of the people of the City that he is incapable of implementing an action plan to address the .issues and effect immediate change. We submit this statement to the City of Buffalo Mayor and Common Council to request that City Funding for the Board in the next fiscal year be conditioned upon the immediate discharge of the Superintendent and implementation of a plan to: 1. Reach out to the Big Five cities of the state to join in the effort to reform statewide issues, 2. Contact and meet with in a forum open to the public our state legislative delegation and the legislative leadership to enlist their support or otherwise determine where they stand on the statewide issues, 3. Commence a campaign to advertise, hold public hearings and otherwise inform the public of the statewide and local issues identifying clearly who is standing in the way 4. Cemmende discussion and reform action on all of the local issues. r. I in the event that the above is not resolved by a majority of the Board within 30 days, we. -will publish and advertise the "Roadmap" and mobilize the community to force :the Board's resignation and the discharge of the Superintendent. «press release.pdf>> ilii #it it Ififitl# #if 11 1111 # # # # i1 #i# Homo 1th #f1 #tiff #il ## #if ii 1111#W 11# 1€## *Off # #itfiffilififti #11 #ilff41 # # #i #1 [1190 #II # This email message has been scanned for Viruses and Content and cleared by MailMarsha.l # flit bit itf likillt### if# ifilll###### t###### ilil# if## #11it #i1i # # #ififli ##fitiW ##t #if iiild # #ilif#t # #il #it#iitlf #i1 #! #lil #Ni # #1iti# littp;// Inail, aol. com/ 33356 - 111/ aol- l /en- us /inail/PrintMessage.aspx 3!9/2011 PRESS RELEASE: F ROM CARL P, PALA-DINO Marelt 9, 2011—REM ROADMAP TO EDMATr(3N RE FORM IN NEI W YORK'S URUAN DISTRICTS AND IN PARTICULAR THE BUFFALO 130ARD OF EDUCATION T, Mate Issues - The Buffalo Board of Education [Board] must requost t h at its Common Cotineil liner the Boards and Councils of the other "Big Five" cities in New York As well as all oftltelr legislative delegations jointly petition tiie New York State Legislawro to Change state law to: a. _Taylor Lmv As it pertains to teachers roscind the Taylor Law including tlic `ft•ibot Anic. ment and its "continuatiotx of terms" Wbicli is Unique to Now York gild altorror' to the taxpayers. Ttz the 21� cetitmy, wlic really cages if teachers want to strilce? Boards tnay hire nionitors for stu donts who w contitttte to Mond for all normal school liours alleviating the concerns of parents, .i Binding arbitration, which expires this year, is conducted by progressive Union minded PBRB (Public Employee Relations Board) arbitrators grown ill the fields at Cordell University who ropeatedly throw the taxpayers under fife bits gratititig extraordinary co to uli iol s without regard to the cotninunity's ability to pay. Elective cosmetic stlrgery costs $9 million per year. RosgIssiorr will make spending on edu ation efficient, productive and affordable and allow lower class size, msidentkil schools and better quality< Outragcous teacher pension flans must be converted from defined benefit to de ujod contribution by negotiation or-by way of constitutional aniondinclit submitted to rofcrondum by the legislature, b, N YS �'� c gtiarr rAw 3020�sr. Repeal §3020-a of the, NYS Educatimi Law, which ittltibits tiie adrilinistration's ability to discipline iticornpetont 10111'r ( teachers gt the expense of tho student. z.: Teachers are privileged to be tiro singte most influential. impact oil a tgttdonfs achievement, We want only trio best tettcliers who realize tlit; significance of their roles Sri our children's lives. ltteffectivo and 1koopnpotent teachers contribute to oiir failing system, Impediments to c�isciplitie gild removal are illogical and an insult to our citizens, ii. A.dininistratom tiuW equitably clrtiw attention to arid discipline irtcornpe teachers to improve their performance and ultltnately fire tijein - when necessary to ensure that only the Inost effective teachers Arc al Me £root of every cltissrooni. y. Charter gehools are the parent's ottly woapon against failing pi)blic schools. Tax credits and/or vouchers hill evenwally provide absolute choice and should be a priority for legislation but ill the interim we trust, l; Chartor Capital. Provide; Charters with egtiitable oapital for buildings, iniprovenlonts and equipment and the free purchase atld Ilse of Vacant public school buildings to tench ohildren of our City, Now York Maty rents school bOldints to charters for $1lyem Sale of closed schools at auction for a small perooncage of value is asinine, 11, C;liarter Funding; The Charter School funding formula for operations provides only $ 12,500 per student or 54 % of total Hoard uiding of $23,275 per child. Basic faimoss dictates the allocation be increased significantly. ill, P'LA Schools, Tho Board ]]mist corrvort nillc of its thirteen failed PLA [�ersistontly low achieving] schools into Charters immediately. The ,5'pperimendent tried to dodge that option ltntil the state corrected has it terpt etatioll of tile rules. The logislatmvt mast restrict tl0111rded t>;latldates. i d, Vaitebers and Ta: Credits: 'rhe,re are 2298 students iu Catholic �lernentary prOK 8 schools ill Buffalo. TJre religious leaders of all of the "Big Five" cltlos nrttst enlist the cooperatiolr of the paretlis of clOdron Nvllo reside in the Cities to register their children in the publio school systotlr for tire, colniug year fora short peg rod of tune to be determined after winch they would roturn to their religions twhools. ReligioIls schools nitlst (to this while they still can, l } ublic 8011gois Ivho register and accommodate all of the students or potitioil tlic logslature to finally approve vottclrers alldlor tax credits for all ohildron of Ncty York State, From chaos comes equity, fairness and in this case choice, e, oil d Boar 1, The Legislature 11111st lass legislation for a school board appointed by the mayor and approved by tile Council in all of the "Big Five" cities with mombers /laving minimum standards ofeducatioll, experlome find ability. Mjtty mombers of the existing Board would qualify mid should bo appointed to bring institutional history to deliboratiomq, II. Localsries r ft. Carless and reckless spending contributes to the failu o of oIlr system, Efflclenoy find productivity cats and decen(mlization empoweAng priticipals turd ricldilrg the systona of an entire layer of administratiotr will provide funds to impact student achievement. b< lI'eerttive level adininistrflt rs. 11 o � Despitc a 25% drop in strident pop ill ten ycars the system 11x8 m ore executive Ievei administrators today than tell years ago. Attached are lists of 8 30 cxeolltivc level,11o11 1lnioil [261 and tin iolr [64] administrators in the Superinterlderlt's Office with 2010 payscales. [See attached schedule.1 Total executive staff cost, alt In with a 55% benefit and insura►1ce factor, was $8,065,000 for union and $1,033,000 for lion - union totalitlg $12,098,000 averaging $134,400 per executive level administrator, Base pay average is $86,700 per year, The non -union staff duplicates t11e work of the unialr staff. The 811perintendeat created 1110 mdurlclallt Iaycr of adli1i11istratissll because lie felt ttlat the 11nioni7ed executive personnel -vere dis[oyal. C, ` e her telrul�e. I Tenure and last ill first out 80111011ty tulles perlietttate the presence of i11eff'ective alld hloorllpeterlt Wollers, Texture is an flnacllronisln ill the 2 t" century. Brlffalo's stuclellt- t£flcll8r ratio is 12:1 and New'S.''ork MY is 13:1. Nevertheless, Buffalo has a atlaJority [ 13 of 25 schools statewide including New 'York City) in tile Io- vestPLA level of failure. The problem is the quality of teachers in the classroorll, In Wasl1i11gton, D C,, MS. Rhee vid the Digtrict oftetlure prospectively and bought. back tenure ftortz existing staff, 4 d. �`h Wild- Catltptls Test -vas operated byBuffato State COI logo it was a school of exceliellce. It began its doscerlt iltto tl1Q abyss -vheii the Board took aver op6rations. Bad adnl alld tho Union nightmaro destroyed a good 8011001, 'Mould it return to a 700 - student school of excellence if it were converted to a cllarter owned and operated by Buffalo State? Tit any event, relocating 300 students at great cost is absurd. 0. &dial Cd 11t 240$,1'x.24% of Buffalo's studellts,were classifies[ as students tivi111 dlsal?Ilities, w1jile tiro total for flll ptlillio sollools state -vide leas o111y 12.5% lrt 2007::200$, Buffalo spent $17,460 per pupil for Special education. We are told drat tho percentage of students with disabilities in . 201011x8 risen to in excess Of 2 ,1 x110! 7S% of t11en1 fire so s Iasslf`recl because they cotlte flora dysAmotiollal 11011108, are lnal- nourished, ill - clothed and suffer attention defloits all of tivhlch -would not be a pi if they had bee11 removed from the homes. at the formative 11908 of 5 or 6 arld put into midential 801 I Board must retain all indcpendetit contractor to determine the deeds of studont's tivith disabilities. Tile ourrelA system of 0valtla €ion by BTI: ntembcrs is abltsed to perpetuate special edmation staffing;, Residential schools will eventually eliminate the deed for most special education placelllents and 111o1 j s salved may be u sed to fund tile extra costs of residential schools. f. Ilzceaitive all it ter _evflllla €lot €s i1 TeWiers require illeorltives and perforlltatice- lased evaluations. Teaelling is all att'ractivre career for those only looking for great benefits and union protection, as opposed to those -v110 want to 11eIi1 students Irani, Teachers need incentives to Ivo harder at h "Provi their sty €de €€W Pe €�r'ar��a►ice. Their salaries and job security should be based ota how well they toads, not on how long they havo beetsn a teacher or flow well their 11111011 contract was negotiated. g , &YS tacatlrtrt Law 11341 ec Buffalo's "ahao ridded" scores should be pttt�iislted at €nttttlly, alLozving paretits and taxpayers to see I'M affectijve eaolt 0lassroaan teacher is and help it ttte'evalttatioit of a teacltet� s effectiveness. Ti tttaly intpten1entatioaa of Edu dotion Law 3012 -0 will 011Ca €tra9e the attost rigorous, ttteattingf' €tl alai ef'fecf NO locally - selected evaluation tnaasttre to ettsttre only tile, best teachers are allowed the privilege of teaching our elaildreu. I €. fiesldetttlal set €Dols, Several years ago the, Board receivod and Y'ejeoted a proposal fora residential school. The Board anttst 8pply to the state Roarer of Regonts to forth a model denxQnstration project ),residential Charter Soltool. The R.egottts will look favoobly on such a proposal because it will finally address the problem of dy8f,1110tional houses in the most dysf €itlotioll(d Scltnol District its Now York Stnt� - laether it is a SEED school ov soma evolution. oftite satt�e, rosidcntial schools are vital to the st €ccess of of €r system. Tile middle class has fled the city Ifecat €se they refuse to send their children to city scllools. All of tite C tarter Schools are fall and they can't afford the Cathollc Schools. They have no alternative, J. Residential schools present apt opiaorttu to break the dysf € €ttctiattal cycle of 11ot only education bt €t (1 So ntaary of our 8001al iris includin P overty, Taking cltildretl Off Of tile streets "to a art €rtx €ring eatvlrontaaettt N O , re they receive co3tsWent attention, stability and ac€tdomic foods wlll aiastvor tile, plight. of our City. ,t1 SEED School fact sheet is attached. [presented rite Board with tiro G Mi lutes video. SEI D schools llava a 98% college acceptance rate for their grit <tua #es, Buffalo's college indictttecl students are less than 15% in stark coaitrast to Nety York City and tine rest of tile, state. Board inembers sholild visit a SLED school altd see for tlteansolves tile eiifferences being made in the lives of disadvalttaged and at -risk students, .0110 logical oration available is to form n res idential Charter 8011001 oil rite teaching campus at Buffalo state where the ability to illustrate f the ; l cge €tts the vt€lue of suela soltools Woa €1€i be a great cklaltcatgv for staff and students. Next door to the Welling colloge is t1a0 ltls #aricnl Ricltardsoat Campus, which Would serve as all ideal setting and practical rouse of the ex tittg facilities with ntittimttm costs. The Richardson Board has failed to fita ,,Iy pr€totical rettso and. apparontly Itas just under $160 attilltoz € to spend, Ca�1 rt €tyone think of a better Nvay W ttse 010 facility and spend the tatoriey than to solve the atuttaber one pt'oblem of Buffalo and its residents? Vile suggested this reuse to Rieha €'dson Board Cltairaatftn Stott Lipsey, Publisher of tlae BlIffalo Nows, th= years ago. He rejected the idea, Ha thillks the stnius qt €o in Buffalo is hunky story as refie0ted by Iris su pport of the s incompetent leadership of Superintendent Williams and Board member rlorenoe John 8011. i, ' Dischar a ` lie u er irxfciic erltt 1. Iiaarti ilneetiai s. 'Elie Board of Education holds two full. Board meetings per month at which o1ily „ feel good" shatters are preseiitcd by giving the ilhisioii that eyorything is fine and dad and iio problems need to be discussed, 2, Board withority Tlie Superintendent coiliiiiaizds all oiimiscierit ai11ot1zit Of Power over the Board crippling its ability and initiatives to dictate policy. Stories abound oil how inforimatiorl is denied to Board iMo nbers by tine Superititondent N�110 l,as even or, occasion rciiloved ,jail dailiaging to 11im from the Board xttemburs rliallboxes. a, 3. ' a1c1. i� ` 4ie Suporintendernt Held back from tiie Board W1111e it Was coilsideritig all 6�telision of his contract, tN % letters sent by the Static, admonishing; him for his failures and incompetcoc;o Ili administering tho District. The Board can void llis contract acid fire the Superliltendont for 11 its the iiicolifloii of Ili$ contract, wilich they blindLy extended without public discussion to 2014. 4, A.bzisc of Azitlror!ik rithout hlfortiling or gaiiiiiig the consent of tho Board, tho Superintendent g bitrarily and recklessly, without airy authority ovsr 8101 policy Issues, iispired with Florence Johnson to inform Buffalo State Collego that it r3tas the Board's iintont to relocate fide Caiiiptzs Wom School and its 700 students at the end of the lease foriio logical reason whatsoever 8116 o�rer the objeotioii ofpai•ertts and students. 5. Misfeasance. Tlie owner of Saliien's hot dogs bought the hest womelt's soccer teals, in Amorlca. Needing a stadium that would hold 5,000 people with locker rooms, lie left 3 separate tinailsweredniessagos for the Suporintendent to r�rtt All - High Staciitilii for soccer Baines which resit could Have assisted eatly lit the education of ollr obildron, Disappointed lie n�ovecl the team �p Rochester. 6. Illegal k3firin of Sup erintendent. `I�vo years prior to his hiring, the Suporlatoixlent vvas fired frolil his position at Dayton, Ohio for incompetenco and Fiscal irresponsibility, Florence Jolmson, Frosideat of the Board at the finio, illegally and without prior consultation oi vote of the Board, hired the Superintendent. E; 1. 1] IV,o i't11et$11E , The Superintendent during his onfire term has been a resident of Maryland, His. family residos there, He Ilan 110 personal affectioll for the ppople of the City of Buffalo, spends an inordinate amOutit of time at hfltne or all 11011sensical trips, Ha commands little if any respeot ill the community. He is not inclined to do ariythitig titerltorious to cl1 11g tire, ut'iacceptablo status quo. Florence Jalutson lured him because lie was Mack and available. Site did Clot ]lire him beoause lie was the best person for the position. Our children are trio most valuable gifts we have in life. Their Ritures and their lives are foremost ell the tttintls Of Our cltlzeits. They should not suffer at tilebatids of mediocrity if not ii1cotttpetence. 'r Jim is no timo or place for racial or political decislotls or to allow tile, waste, fraud acid abuse of people with other agendas. We �vattt the best lgadership aml the best edumtors. Ali incompetent Superinte"dsrlt and ig erlsitive Union President Pill (no teacher loft behind) Rumore shamelessly feed at the public trough with little regard for the chi Idmil and tllp Board blindly looks on, their attention diverted by rnintitia and rl�etarlc, 8, ecc itloil Th Board's only tool in budget deliberations is a Budget Analyses Doak devoid of ill depth information attd prepared at the ditectioti a manipulating Supoxhitendent who believes that it's an idea only if its his itloa, He oan rhetorio a dog riff of a meat wagon mid his sealching ltiollologs make paint peel, Obviously Florence Johnson who etas been a Board member for cons does not understand the budget, The Board is Tw ich too (rusting. r, ,ti. Cast alts! Peres. The Suporilite)idont earns $224,0001yonr plus all etistomary benefits a nd extraordinary benofits like Clovoland olinic alieckups overyyear at $16,000 eaolr alicl a liege expense and travel account abuse({ when lie c targes for' his trips llotxme to Maryland, He is the onlypublic offloial ill ottr local goveriitnent to ]rave his own 2417 oar with driver and gas for all liflvate and buslttoss use. When Joel Giambra was County Executive, the hypoot•itioal Buffalo News was astonished that lie Bare a driver during tile, business day. 10, Y esttlteell, Nffithotit specification or bid rite SlIperintciident. hired Resultech, it Maryland Come >any with only a phone number (which was never '911mvered) composed of his cronies who had no history ill the expertise, to form at PS 44 an alternative school ptograin for challenged AMIN is Wlto woes clisruptittg the rliaitlstreanl sohools, Tlioy immediately purchased laptop cotnpttters for every student, which were immediately sold oil the black nlarkot, `i'he effort was a complete failure, the cotnljaily disappeared; tile board lost $811111iiott and the students were returned to 4: rnairrstrenrn scltoals Ivltere. they have for tine last. 5 years completely disrupted the classrooms and created chaos for good students, The S rperintendent has promised for 5 years to find a solution for alternative students who continue to dismpt tine classrooms but has been too busy dining at Buffalo's finer restaurants at Board cost and eating free lunches a0hc Board's culinary school, He has never made an attempt to retrieve Me $S million lost front the can or seek criminal chargos against tine eotttnert. HI. Other ?;slice: a. C�11lrttiSRl y.. The Board ltas its own cozmnissary, which produo% xrteals as thottgh raittrition was rkat till issue. 1 >. cice Tire Hoard recently sighed a 10 year contract giving Cope an exclusive to gpvo its sugar to our children so that school principals could got a k gkback used for stttdertt activities ittstoad offttnding those activities directly. c. �25,OOOIcltilcl_ /year, Tile total all in solzool budget for tine Board for 20102011 was $945.7 million. The conibitted public and Clrarter school enrollment is 40,031 or $23,275 /child, Subtracting $78.21 11, given to the charter schools, the arnotlrrt spoilt by tite pttblia school system in 20102011 Nvas $867,500,000 which when divided by 33,492 students equals $25,900 /bbild spent on o4ctcating primary and secondary students in the public system, The tq ion at Nichols is $15,000 /year•., St. Soe's, Canisius an Nardin are at 1 0- 12,000 /ycar. tC� ��ttittc� l�+'ttrtcii�t . `lieee are 7,149 students in the Charter Schools for 2010.2011. The $78.2 rt�iMon allocated to the chatters conies to $10,900%hild. As of iamimy 1, the allocatlorLper child for Charter School student tvas increased to $12,500 /011ild. e, 10 studerrtg /teacher. There are 33,492 students in tine public school system MIMI vifhert divided by 3,405 teachers equals less than 10 students per teacher. There are 802 tqehirtg assistants and aids, which comes to 42 stuclertts /teacher assistant off• aid. There are 727 adrnirtisirators, teelt tnanagemertt, and etc, gp1ployees in the system equaling 46/s tudent, f. �#esidez�c Tlie Board works under a residency requireniont, which the C011113 wi not enforce. We, want the best education and teachers for our students, We lliie good teaohors glider the "G raonths to move into the City" rule and 6 tijotttlrs later Choy leave for the auburbs to work after we honed their skills, it is in the best interest of emir children to (to away with the residency rule so that zve can got and keep the Best teachers. g. aN42ILkt Our clrarter school students should be allowed to participate in till Section 6. sports activities subject to reasonable insurance regtftenients, It, � ttsitr . fussin lots destabilized neighborhoods. When it vas ordered for c- segtegatiorr the schools refteoted the ethnicity of the City. Bussing is T` .y tIto single one, factor that has contributed to the delillse of the City and its schools. Currently 60 of the public school students are black, 70% of them are failing to gradtttate and the cottanituiity is in crisis a we arc still d�,sogrog €ttin& Children in the same family are bussed to different schools. Parents staffer difficulty accessing schools distant front their ]Ionia, Schools aro not used to prograan after seltool events. The time spent on btiscs is a itiissc€l exercise opportunity. Neighborhood groups are looked otat of sohools by arcane r €ties allowing lazy buildingiaanitors tine authority to decide, Instead oftasing seltool fadillties the City was compelled to Nvaste money building reereaatlon centers. 1. elgbbor1 cud Se`[toglg. Pur present choice school prograni sloes not work. It is ripping apart the firmly fabric and neighborhood strongth that our City once had. It is time to return to neighborhood schools for k - and district schools for grades T-j�c savings in bus transporlaation costs alone will cover this year's deflcit. Qnie speclalized schools in the lower gra €cos call continue to bo choice schools, Folaasado Olatdelc, the Deputy Superintendent has no experience as a school administrator. Site is the former sales representative of CORP tConsortiuin Of Reading Bxcelle ncel Corp, The District has spoilt millions of dollars purchasing.the CORE reading prograarlt; which is assailed by teachers ins a jok The, rostilts tare, obvious to everyone but the Aoatrd. Our elementary schools arc failing. Does 1vls Oladele have a c ntinuing stake or interest in CORE? Site atilt the Supet'intendertt mio v 1 }Jaanxe wltitc teachers for the failure to educate saying their differing q ltutA background is a problom for black bids. Site wants all black tqJRclaera for tho system, k. h ark nwaazler. Dr. Mark Frazier has been in charge of appointing and training prinoipals. No was previotasly a supervisor. With G months experience as a principal lie is responsible for most of the bad "political" principal tappointmonts acid training over the past 6 years. His appointments can be tracked directly to failing schools. A Tower foundation Grant also Bays hint and his staff of threo Community Superiaiten rem [fill canting from file district alb least $125,000 1yeaarj above and beyond their district salary for the F lnolp€ti's Leadership Academy, They arc double dipping, Most of tits tiHning sessions are conducte d during the 8e11001 clay. Vi The alcove ropreaertt sortie of tiro rttore, significant 1,mtaes that require iraitncdiatc and determined attention, Ever begins with the first stoic and it is hotter to light ono candle. than it is to curse the darlcrtess. The Board has an obligation to bring foals on construotivo and appropriate clmange of the status limo to actually educate till of the children of otar City. The mindset that saiiart people, are working on llae problems is not trite and deflos tlia sllaitta the community suffers front forcing thousands of 5 and 6 old children every year into a dysfunotionaal school systeni that we know will grladuke. less than 50% [less than 25% of black tamales in 2010, the 5 worst rate in the nation] condemAing those children to a less than fulfilling life. We have the most exponsive cost per pupil of any urban school district in time World, The people €leaitnd change. 66 UNIONIZED CENTRAL OFFICE ADMINISTRATORS LAST NAME FIRST NAME TITLE SALARY YEAR Agosto Michele Supervisor of Art $75,660 2010 Alsace Tamara Director Bilingual Bauch Kelly Supervisor Science 76,223 2030 Beishlne. Michelle Supervisor Data 77,226 2010 Benton Crystal Supervisor 77,200 2010 Biggle Robert Director Special Ed 100,776 2010 Slumleln Nina Supervisorof Revenue /Educatlonal Support 91,150 2010 Bohen Eileen Project Administrator 82,164 2010 Boyd Lorene Supervisor Pupil Services 72,638 2010 Brandy ; W. Charles 0Irector of Social Services 82,896 2010 Brown Jacquelyn Ross Director of Student Placement 106,000 2014 Buckley : Debbie project Administrator 11 for Standards, research 76,781 2010 Cadle Herbert Project Administrator fl- Grants Development 86,306 2010 Cambria Michael Supervisor Library 60,192 2010 Campanelll Mark Supervisor of Pupil Personnel Services 81,337 2010 Cart Diana Project Aft-Grants 86,332 2010 Cohen Jaime Supervisor of PD 61,673 2014 Colon- Clmeros Rosemarie Supervisor of Bilingual Education and ESL 88,592 2009 COZ20 Diane Director 86,662 20101 Crabbe John Supervisor of Attendance 63,288 2010 Cruz - Torres Maria Director of Special Ed 96,033 2010 Cullen Angela Supervisor 69,274 2010 Curtin Kim Supervisor Special Ed 83,5 2010 Daniels ` Kehl Supervisor Pupil Services 74,691 2010 Daniels Samantha Supervisor Pupil Services 72,7,54 2010 Daniels-Balnes _ L €sa K Supervisor 90,048 2010 Dixon Marianne Supervisor 75,229 2010 1~ennie Christine A Supervisor Early Childhood 70,429 2010 F112gerald Ann Supervisor of Curriculum 88,533 2010 Garcia Mark Supervisor of Music 84,602 2010 Harris Robert Supervisor CTE 66,349 2010 Heinle Katherine Supervisor CTE 89,080 2010 Henry Margaret Annie Supervisor Bilingual 62,000 2010 Hughes Vanessa Supervisor Sup Svc 78,480 2010 Hume Michael Service Center Data Warehouse 70,808 2010 Humphry Gwendolyn Supervisor for Parent Involvement 65,326 2010 Johnson4orrow ;= Cherita Supervisor of Pupil 72,838 2010 Kogler Carl J Director 84,010 2014 Kuxan Edward Project Administrator 11 for Standards, Research 91,085 2010 Leopold Lester B. Supervisor of Adult Education 102,616 2010 Lewis Kal Proj. Adm. II of Grants 73,612 2010 Lorber Pamela Director 86,824 2010 Mliloto Carmen J. Supervisor of Alternative Education Mogavero Michael J Director of PE 108,391 2010 Morris Genelle Director 78,480 2 010 Morrison Kyle Supervisor Sp Ed 89,160 2010 Nelson Bonnie V. M. Supervisor 91,111 2010 Patterson Fannie -Lynn Director of Staff Devolopmont Peoples Monica Assistant Superintendent 99,788 2014 Pfeiffer Mary Jo Director Special Ed 90,370 2010 Roberts Robert Grants 71,794 2014 Roberlsan Kelth Director 89,641 2010 Romain Julie Supervisor ELA 76,201 2010 Rosso William Supervisor Tech 79,261 2010 SChaab- RozbIcki Heldl Supervisor Speolal Ed 73,017 2414 Schmiert- Krleter rlaronce Director of Soo Ed Schroeder Michelle Projeot Administrator It for Standards, research 71,016 2014 Somerville Margaret Supervisor of Special Education 87,458 2010 Thompson fthard A Supervisor Grants 72,328 2014 Van Camp Allmon Supervisor 81,810 2094 Wantuok Margaret: Supervisor Reading First 77,768 2010 Whalen Esther Supervisor of Grants 33;849 2010 Williams Tonla Director of Youth Services 86,057 2094 Zsebehazy Ann Supervisor of Data 24,654 2010 26 NON -UNION EXECUTIVE STAFF OF JAMES WILLIAMS Srrler +i�rte�t�l+�t's t3lfiee Mr. James Xane Chief of staff 701 City Hall )Buffalo, NY 14202 816 -3598 Salary: $112,644 Ms. El lena Cola Spoial Asst Supt for Community Relations 712 City Hall l3u fhlo, Nit' 14202 8163605 Ms, Erirt M, Comerford Executive Administrator 712 City Hall Buffalo, NY 1:4202 816 -3598 Salary: UVIS A Offiee al`Wal Comise Brandon Xpp lcbor, Rsq. Logal Comsol 717 City Hall' Buffalo, NY 14202 816 -3922 AIex Callichlo, Esq. Assistant Legal Counsel 717 City Hall Buffalo, NY 14202 8163742 Salary: $71,073 Cary Wllsq t sq. Assistant L6gal Counwi 717 City H)l, Buffalo, NX c1.4202 816 -3922 Salary;60 Riyisi07l of r infinca azrtl fl et +atlotrs 114s. Barbara J. Smith chie£Vinaneial ©£fleer 70 cit I1all Buffalo, NY 314202 816 -3676 Salary: $140"092 S. Xelly Eisenviod, Esq. Bxeo. Director of Labor Relations 717 City hall Buffalo, NY 14202 816 -3102 Salary: $91,314 Plant Servlccs & S chool P191111irr Joseph I'. Ciuslana Chief Operating Officer, Board of Ed 403 City Hall Buffalo, NY 14202 816-3652 Salary: $130,843 I Human Resources e marstrnent Valerie DeB61'r'y Emoutivc Director of H unratr Resources 719 City HAll,; Buffalo NY Y4202 816-3591 Salary;�1 Marta Gar]( Director of Employment Services 720 City Ha 11, Buffalo, NY, A202 816 -3519 Salary. M 't. Kara Mur pity, tst1, Human Resources Partner 717 City k•1ail Brrfialo, NY 14202 8i6 -3649 Salary: 576,149 Informatiml: reclrrrolo = De artrneL Damsel Mo3li6i Chid ToehiWogy Officer 807 City HA Buffalo, N j T4202 816 -35 �',a_,,, r oll De artntont Neff Pritchard Finanoial Comptroller 8 Is City mu' Buffalo, NY .1'4202 816.3545 ;'I' SalarTt 3 )s ;s 2 B Run Fleming, Esq. Depay Director of Human Resources 720 City Hall Buffalo, N4' 1 8163743 Salary, $83,257 Farkrim Gault 'S ilson,Lsrt, 1-lmnum Rosources Partner 730 City 1-1a11 Buffalo, NY 14202 816 -37 lvisi0al of Tetichill ;_and Lean tin nn� Dr. Folasa4 oladelc Chief Academic Officer 701 City Hall Buffalo, NY 14202 8163714 Salary: $164,291 Anne Botteelli Assoc. Supt. ofTcling & Lining Blem 150 Lower Terrace, 4 111 Floc)y Buffalo, NY 14202 816 -3048 exit 8790 Sainry: $83,272 Debra Syl €es, Mac. Supt. of Tclung&Lvning,Sccond 150 Lower Vence, Room 421 Buffalo, NY 8163048 ex"t 8782 Salary, $1q7,706 Office of 8110 Account And P rowet Initiatives Ms. Amber Nixon 808 City Hill Exec Dieecto ;, ofEval - tiatioii,A<cco € €t €tal3ility An k?A1ect Initiatives Bfiffalo, NYf'1'4202 816-4695 Salary: $11,113 Ddt�.catlr��t�� Sa��ic l : Mr. Will KerC *7'105 Assoc. Silpt: for Educational Se rvices 701 City 1- lalP- Buffalo, NY 1 14202 $16-3596 ext 5596 901"11 a a - 5 Aubrey Lloyd Exee. Director of Athletles 86 W. Chipppwa St. Rm 207 Buffalo, NY 14202 8164632 Salary, $93,748 0 fxyc Uflsdwol rerformance Dr. Mark Fr azier Ms. FA'klll W11s011 Lcsad Community Stlparlkltelidekit cOk1117111k11ty S111381lt1t81ldGklt 731 CityHAll 73.1 CityHall Boffa1a, NY.14202 Buffalo, NY 14202 .8.1.6-3703 81.6 -3528 Salary! W1,203 Salary: 118,045 M k 'g I t 13 a ncly Casandra Hsli�yr3ligtfl�� `Ok121k1Ukllty i11)Pl'3kl� ktClBllt Community .S'upe intendan 731 C 731 City ITall Buffalo, ICY 14202 Buffalo, NY 14202 816 «3603 816 - 3069 Salary: $10 ;663 salaly: 590,782 ` 1 �l n . E or ,. AGREEMENT ON EMPLOYMENT OF Deputy Superintendent THIS AGREEMENT; is made as of the 15th day of June, 2009 by and between the Superintendent of Schools for the City School District nf'the City of Buffalo, with offices located at 712 City Hall Buffalo hereinafter; the "Soper - intendent "), on behalf of the Board of Education of the City School District of the City of Buffalo and Folasade 01adele, Ed.D. (hereinafter,' "Deputy Superin.tenderit "), WITNESS ETH THAT: WHEREAS, the Superintendent has offered to employ the Deputy Superintendent in the position of Deputy Superintendent, serving the Buffalo City School District (hereinafter; the "District ") upon the terms and conditions set forth herein; and WHEREAS, the Deputy Superintendent has accepted said offer of employment, and WHEREAS,.the Superintendent and the Deputy Superintendent have mutually agreed that such terms and conditions should be reduced to writing in order to avoid any misunderstanding as to the nature of the employment relationship created hereby; and W the parties have mutually agreed upon the.following terms and conditions relative to the Deputy Superintendent's employment by the District as.the Deputy. Superintendent; NOW THEREFORE, in consideration of the agreements hereinafter set forth and other good and valuable consideration, the parties agree as follows: 1. Offer ofrrr 1€i .ment; The Superintendent, pursuant and subject. to Section 2573(3) of the New York State Education Law, hereby offers to employ the Deputy Superintendent upon the terms and conditions set.forth in this Agreement, 2. Acre ranee b :the�Deputy `Surseritttendent The Deputy Superintendent hereby accepts said .offer. of employment and agrees to perform, on a full -time basis and to the best of the Deputy Superintendent's ability; the duties of such position. 3. Ternrt ot" Ern [o meat. a. The Deputy Superintendent's term of employment hereunder may continue for a period of three years following the effective date of this Agreement, (namely, from the effective date until .lone 30, 2012) assuming that employment is not terminated pursuant to Section 12 of 1 this Agreement or for any other reason during e, or renewed � that ti prior to the end of sa b. The Superintendent may from time to time by specific action extend the termina date of this Agreement, to the extent. permitted by law. ton e• Any extension of the term ol'.the De _ form ofan Amendment to this Agreement, shallbe u pon SuPerintendent's empioyrnen #shall be in the _set forth- unless otherwise agreed in writing by the parties; and t shaln and conditions as herein Superintendent and the D of be considered that the Deputy Superintendent have entered into a new Agreement, unless expressly stated in a writing signed by both parties .hereto. A sample form of A AgTeercent is appended hereto as Attachment A. mendment to 4. Den Sa erintendeWs Duties and Res oUslbWoes, a. The duties and responsibilities of the Deputy Superintendent sition Attachment 13 hereto, and include the p are listed on Performance of other duties of simil b. The duties and responsibilities Of' the Deputy Su ar natur e o r lev el. implementation and enforcement Of regulations "and by -laws enacted or dotted all also include e ffechaate.and._fulfll. its statutory res p o nsibilities. Such additional duties and s the Board to Prescribed by the Superintendent shall be consistent with the duties and responsibilliti s o Deputy Superintendent as set forth in Section 4a of this Agreement. es of the 5. tl)itectl© and Su ervis�a The Deputy Superintendent shall serve under the direction and su ervisi report directly to the Su erintenden# or his/her designee. p on of and shall esi p Such changed by the by the Superintendent in-their sole discretion, mporting requirements may be 6. Corn ensatiat�, a The Deputy Superintendent's annual salary will be One Hundred a S Thousand dollars ($1 68,000.00) per Year, to be paid in equal installments in acco danc�� Regulations of the Hoard governin solo a with the All amounts stated herein as being�`anna�l Payment her District administrative employees, Prorated for the time period covered. or amounts paid "annually" shall b e b. The Deputy Superintendent's compensation may be adjusted on or about t Of July for any period covered b this contract as Follows: he first day Y 7 if the evaluation received by the Deputy Superintendent pursuant to Section 7 of this Agreement is satisfactory the D' opinion of 2 n this Agreement or for any other reason during e, or renewed � that ti prior to the end of sa b. The Superintendent may from time to time by specific action extend the termina date of this Agreement, to the extent. permitted by law. ton e• Any extension of the term ol'.the De _ form ofan Amendment to this Agreement, shallbe u pon SuPerintendent's empioyrnen #shall be in the _set forth- unless otherwise agreed in writing by the parties; and t shaln and conditions as herein Superintendent and the D of be considered that the Deputy Superintendent have entered into a new Agreement, unless expressly stated in a writing signed by both parties .hereto. A sample form of A AgTeercent is appended hereto as Attachment A. mendment to 4. Den Sa erintendeWs Duties and Res oUslbWoes, a. The duties and responsibilities of the Deputy Superintendent sition Attachment 13 hereto, and include the p are listed on Performance of other duties of simil b. The duties and responsibilities Of' the Deputy Su ar natur e o r lev el. implementation and enforcement Of regulations "and by -laws enacted or dotted all also include e ffechaate.and._fulfll. its statutory res p o nsibilities. Such additional duties and s the Board to Prescribed by the Superintendent shall be consistent with the duties and responsibilliti s o Deputy Superintendent as set forth in Section 4a of this Agreement. es of the 5. tl)itectl© and Su ervis�a The Deputy Superintendent shall serve under the direction and su ervisi report directly to the Su erintenden# or his/her designee. p on of and shall esi p Such changed by the by the Superintendent in-their sole discretion, mporting requirements may be 6. Corn ensatiat�, a The Deputy Superintendent's annual salary will be One Hundred a S Thousand dollars ($1 68,000.00) per Year, to be paid in equal installments in acco danc�� Regulations of the Hoard governin solo a with the All amounts stated herein as being�`anna�l Payment her District administrative employees, Prorated for the time period covered. or amounts paid "annually" shall b e b. The Deputy Superintendent's compensation may be adjusted on or about t Of July for any period covered b this contract as Follows: he first day Y 7 if the evaluation received by the Deputy Superintendent pursuant to Section 7 of this Agreement is satisfactory the D' opinion of 2 S • the Superintendent, then such salary shall be increased by an amount to be determined by the Superintendent in his discretion. The amount of salary shall not be reduced without the consent of the Deputy Superintendent- Any increases referenced in this Section 6b are to be implemented only as permitted by the Buffalo Fiscal Stability Authority ( "BFSA "), including but not limited to any.wage freeze enacted by the'FSA after the effective date of this agreement. If a court of .competent jurisdiction declares the legislation creating the BFSA, and more particularly, that part of the legislation which permits the BFSA to freeze wages of Buffalo Board. of Education employees, unconstitutional, then such increases provided for in this . paragraph shall be implemented as though such wage freeze were never enacted (and, if appropriate and consistent with such Court ruling, on a retroactive basis). c. Any increase in the Deputy Superintendent's annual salary shall be expressed - in the . form of a memorandum issued by the Superintendent; such mernorandurn should direct all relevant. departments to adjust the Deputy Superintendent's salary accordingly, It shall not be considered that the Superintendent and the Deputy Superintendent have entered . into a new agreement, or agreed to extend the then - existing termination date of this Agreement, unless such is expressly stated in writing and signed by both parties hereto, 7. F°e farmar�ce Evaluation. The Deputy Superintendent will be evaluated by his/her immediate supervisor at least annually, in. the months of March and/or April, unlcss another time is mutually agreed to by the parties. The evaluation shall be based upon the Deputy Superintendent's performance of the duties and responsibilities of the position of Deputy Superintendent, and shall be undertaken in accordance with procedures developed by the Superintendent or his designee. The evaluation shall be reduced to writing and shall be delivered by the Superintendent or his designee. The Superintendent may elect to share. portions of the evaluation with the Board, in executive session, at the Superintendent's discretion. 8. Other Benefits of „E- 1, yrrreuf : In addition to.the annual compensation specified herein, the Deputy Superintendent shall be entitled to receive the following benefits: Leave and Holidays The work year shall consist of twelve (12) months, from July I through June 30, during which time the.Deputy Superintendent shall be entitled to receive twenty-six (26) vacation leave 3 days in addition to the holidays annually included in the official District Main Office calendar. The Employer may credit the Deputy Superintendent with the full number of vacation days annually on or about July I of each year, provided however that notwithstanding the method chosen by the Employer, it is understood that such days are earned on a pro rata basis over the course of a year. Upon request to the Superintendent or his designee, the Deputy Superintendent will be permitted to carry over a maximum often (10) days of current unused vacation each year. At the time the employment relationship is severed, the Deputy Superintendent will be compensated for accrued but unused vacation leave. L., e Upon employment under this agreement, the Deputy Superintendent shall be entitled to twelve (12) sick leave days. On each anniversary date of the effective date of this Agreement (or July I in discretion of the Employer), the Deputy Superintendent shall receive twelve (I2) sick leave days. The Deputy Superintendent shall be entitled to accumulate unused sick leave during the- period of erployment :pursuant to this Agreement with the District up to a maximum of 220 _ ..day_s... S Qd Disability Short-term disability credit: augments accumulated sick leave, ensuring that there is always at least six weeks of paid coverage, irrespective of the amount of accumulated sick leave available. . Where .available sick - batiks exceW six weeks on the date of disability, accumulated sick leave is the sole source for paid sick leave. Short-term disability time is NOT cumulative and unused tune may not be carried over from one year to the next or accumulated in any way. Personal Leave The Deputy Superintendent shall be entitled to take up to two (2) days of paid personal leave annually. Unused personal leave will be added to the Deputy Superintendent's accumulated sick leave, provided that the maximum permissible accumulation of 220 days has not been reached. insurance (i) As Active Employee: The Deputy Superintendent will have the option of enrolling one of three group health plans offered by the Employer. Currently, these consist of: Indemnity 4 6 coverage or a choice on one of three HMO plans, all four plans of benefits offered by a single health: insurance carrier. 'However, the. District reserves the right to change. the carriers or selection of plans in its direction from time to time: The Deputy Superintendent may enroll. in either the family plan coverage or the individual plan coverage. For new emplo..yees, coverage will be effective the first day of the first month following the first date of e.m loyment. The Employer shall pay. 80% of the premium for the plan chose, and the Deputy Superintendent shall pay 20 % of the premium for the.plan chosen (the ".Employment Contribution "). The rues may change from time to time. The payments by the Deputy Superintendent shall be made by payroll deduction, unless otherwise agreed to. The Employer may offer to process the Employee Contribution through a pretax program, which Deputy Superintendent may elect to opt out of if desired. The Deputy Superintendent is responsible for any applicable co -pays or deductibles under the plan selected. The Employer will pay the full cost of the Deputy Superintendent's participation in the 'District's supplemental benefits plan for employees excluded from collective bargaining, so long as the Employer elects to maintain such plan. (U) In retirement: qualify for retiree ,health insurance coverage as set forth below, the Deputy Superintendent must have completed ten (10) years of active service and be eligible for retirement under the New York State Employees'/Teachers' Retirement System. ".Active Service" is defined as .all continu©us service with the Board of Education as an employee, or as an employee of the City of Buffalo or any City of Buffalo agency, provided that such agency has already declared that service with such agency is equivalent to City and/or Board service. Active Service does not include any period of unpaid leave, If the ]deputy Superintendent qualifies, the Deputy Superintendent shall . be entitled to receive health insurance benefits in retirement as follows. The Deputy Superintendent is responsible tar all applicable co- payments and deductibles of the chosen plan, and will also be subject to any changes made by the insurance carrier. The .Employer reserves the right to change insurance carriers or benefit plans. The Deputy Superintendent shall be eligible to participate in the Board's "open enrollment" period should the Deputy Superintendent wish to change plans, Access to coverage shall not be deemed a guarantee of specific benefits. At the option of the Employer, a married , retiree -with no dependents may be provided with two single coverages (for the retiree and his or her spouse) rather than a family plan. The retiree shall be required to 5 Update the Employer periodically in writing in the event of a change of address, or the death or divorce of a spouse.. A surviving spouse of retiree shall be required to notify the District in the event of the death of the retiree, and will be afforded to exercise his or her COBRA rights. e. Waiuer of ivediea C verb Provided that the Deputy Superintendent can produce documentation which certifies that the Deputy Superintendent has coverage for health care expenses through another source, the Deputy Superintendent shall be eligible to participate in the District's waiver incentive program during the term of this agreement, If the Deputy Superintendent waives the health insurance described in Section 8d(j) of this Agreement and can produce the above -noted documentation, the Deputy Superintendent shall receive an annual payment of one thousand two hundred ($1,200) in a separate check payable in the second pay period in January for participation during the prier calendar year. For the purpose of the waiver the plan year is January through December. if the Deputy Superintendent elects to entoll in the District's health care program, the amount of the incentive - will- be proportionately reduced ($100 per month) - based on the number of months the Deputy Superintendent participated in the District's waiver program, eligibility for the incentive will cease, and the Deputy Superintendent will be enrolled in one of the District's health care programs pursuant to Section 8d(i) of this Agreement. f. Life lnsu�a cc The Employer will pay the full cost of the annual premium for life insurance under the plan in effect for all employees, and any successor plan thereto in effect during the term of this agreement or any extension thereof g. New York State Ern a ees'/Teachers' Retirement S Istem 1'artici anon If the Deputy Superintendent is not yet a member of the New York State Employees'/Teachers' Retirement System, the Deputy Superintendent agrees-to join as a member of the New York State Employees/Teachers' Retirement System as soon as he or she is eligible, and shall continue as a participant in the system during the term of this Agreement. If the New York State Employees'freachers' Retirement System laws and regulations preclude the Deputy Superintendent's membership, then the Employer will pay an amount equal to the product of the Deputy Superintendent's compensation specified in Section 6a of this Agreement hereof and the 6 f � 9- 21 a New York State Employees'/T'eachers' Retirement System contribution rate as salary or for participation in the Welfare Benefit Plan or IRC Code 457 or 403b flans. lielteredd An u. Mies The Deputy Superintendent may 'participate in the tax sheltered annuities .program. The cost of administering the program shall be borne by the Employer. 9. l rares ©rtatiort and Ex ert es Professional t)r ani2atio s The Deputy Superintendent shall be entitled to reimbursement for annual dues for membership in appropriate professional organizations (including registration fees to maintain Professional certification) up to a maximum of five thousand dollars ($5,000.06 ). Expenses The District will reimburse for travel requested by District of the Deputy Superintendent. . Expense Rei b semen Reasonable and necessary expenses incurred by the Deputy Superintendent in connection with attendance at professional meetings at the 'Ideal, state or national level will be paid by the District upon presentation by the Deputy Superintendent of an itemized account of such expenditures. 1 6... 1the The Deputy Superintendent shall devote the full -time skill, labor and attention to the discharge of the duties of Deputy Superintendent during the term of this Agreement; provided however, that the Deputy Superintendent may undertake consultative work, speaking engagements, writing, lecturing, or other professional duties, and obligations, with or :without remuneration, provided such activities are of short term duration and further provided that Such activities do not interfere with the full and faithful discharge by the Deputy Superintendent of the duties and responsibilities of the position of Deputy Superintendent as described herein. I I. ®isabili . If, by reasons of sickness or other disability or other cause beyond the control of the Deputy Superintendent, the Deputy Superintendent shall be incapacitated from rendering the services required hereunder for a period of time extending beyond the Deputy Superintendent sick leave' entitlement, the Board may, upon the recommendation of the Superintendent, extend the Deputy Superintendent's sick leave of absence, and if such disability 7 continues for more than sixty (60) days beyond the Deputy Superintendent's sick leave entitlement, or if said disability is permanent, irreparable, or of such nature as to make the performance of such duties impossible, as determined by the Superintendent, the Superintendent may, at his option, terminate this Agreement, whereupon the respective duties, rights and obligations described in this agreement shall terminate. 12 . Te ► tlo The employment relationship between the Deputy Superintendent and the Employer may be terminated for any of the following reasons: Incapacitation of the Deputy Superintendent; Written resignation of the Deputy Superintendent; Termination upon agreement; Termination for cause; * Termination through buy -out at Superintendent's option. Any such termination shall be governed by the following: a. Inca acitation of the D ut Su erintendent, If, by reason of the Deputy Superintendent's incapacitation due to sickness, injury or other cause, for a period of sixty (60) consecutive days beyond exhaustion of the Deputy Superintendent's accumulated sick leave entitlement, or beyond the period of any extended leave granted by the Board as authorized in Section 11 hereof; the Superintendent may elect to terminate this Agreement, at which time all obligations of the Employer to the Deputy Superintendent shall cease. b. Written Itesi ation of the D u Su erintendent. The Deputy Superintendent may, at the option of Deputy Superintendent, resign from employment by the District upon giving written notice of such resignation to the Superintendent at least thirty (30) day in advance of the effective date of such resignation. Upon. receipt of such notice, the Superintendent may, at his option, advance the effective date of such resignation up to the date of receipt thereof, and this Agreement shall terminate and become null and void as of the ultimate effective date of such resignation as determined by this Section 12b, The Deputy Superintendent shall be obligated, in any event, to fully perform the duties of the position of Deputy Superintendent up to the effective date of such resignation. G. Ter ingt;nn by A _ w .. —iu Ou "Inrenaent. Either party May propose to terminate this ALweement upon mutually acceptable terms. In the event of such occurrence and the execution of a written termination agreement, the terms and 8 conditions thereof shall supersede any and all terms of this Agreement, which shall become null and void upon the termination date specified in said termination agreement. d. Termination for Cause.` The Superintendent shall be entity to discharge the Deputy Superintendent for cause. "Cause" shall constitute conduct which is prejudicial to. the Employer, including, but not limited to, the neglect by the Deputy Superintendent of the duties and responsibilities of the position of Deputy Superintendent, incompetence, insubordination, inefficiency, commission of immoral acts or other misconduct, or any reason which, when appealed, is held to be good and sufficient cause. "Cause" shall not include any conduct or act which was made in good faith by the Deputy Superintendent acting within the scope of his or her duties. The Employer shall provide written notice and a reasonable time period to correct deficiencies for performance-related causes, no charges can be tiled pursuant to this section in the absence of compliance with these requirements. A determination to discharge the Deputy Superintendent for cause shall be made in accordance with :the procedures described on Attachment C hereto. Notwithstanding anything actually or apparently to the contrary provided for in this Agreement, it is agreed by the parties that in the event that charges are served upon the Deputy Superintendent by the Superintendent seeking the Deputy Superintendent's discharge from office, the Superintendent, in his sole discretion, may immediately suspend the Deputy Superintendent with pay. Further; 'upon tieing suspended pursuant to the terms hereof, the Deputy Superintendent 'agrees that the Deputy Superintendent will not in any manner seek or attempt to occupy the position of Deputy Superintendent, or to perform the duties thereof. This clause is to be construed as being f ©r the educational and administrative benefit of the District.by avoiding the situation of having a person continuing to exercise the authority of the position under the jurisdiction of an administration with wlr.ich the employee is at odds. During the period of any suspension with pay, the Superintendent, in his sole discretion, may assign the Deputy Superintendent to other duties which are consistent with the qualifications and training appropriate to the position of Deputy Superintendent: Out . Ogtion. The Superintendent, at his option, may elect to terminate this Agreement by thirty (30) days written notice to the Deputy Superintendent of his intent to exercise this buy -out provision (the "buy -out option "). If the Superintendent exercises the buy -out option, the 9 r Employer will pay Deputy Superintendent three (3) months compensation, or the balance of the compensation which would otherwise be due to the Deputy Superintendent between the effective d ate of the buy -out option and the end of the initial period of this agreement, whichever period of time is less, or, if applicable, such other termination date to which this Agreement had been extended. 13. Ter mlxratlocr of A re€rnent 6 O eratian of aw. In addition to the reasons cited in Section 12, this Agreement may terminate if it is determined b the Public Employment y p yment Relations Board ( "PERL3 that the position of Deputy Superintendent is not excluded from the right to bargain collectively pursuant to Article 14 of the New York Civil Service Law. In the event of such a determination by PER-B, this Agreement shall terminate effective as of the date of such determination, and the Deputy Superintendent shall no longer receive benefits or compensation under this Agreement, but shall be entitled only to the benefits and compensation provided for under the relevant collective bargaining agreement. The Deputy Superintendent may not "carry over" or "carry back" any vacation, sick or personal days from this agreement, notwithstanding any other provision hereof lfthe Deputy Superintendent fails to maintain any certifications or qualifications required of his position (i.e., qualifications required by the Department Civil Service or State Education Department), then this agreement shall immediately become null and void. This shall include any requirement of passing any examination the Department of Civil Service may deem appropriate for the position. 14, tea._ ft igcaia The Employer shall provide legal counsel and shall indemnify the Deputy Superintendent against all uninsured financial loss arising out of any proceeding, claim, demand, suit or judgment by reason of alleged negligence resulting in bodily or other injury to any person or damage to the property of any person committed while the Deputy Superintendent is acting within the scope of his or her employment or under the direction of the Employer. 15. VYrittett A reerrtent. This Agreement shall continue in full force and effect for the term expressed herein, unless otherwise terminated, modified or extended in accordance with the above specified provisions, or by another agreement in writing executed by the parties with the same formality. 17. Se_verbillty This Agreement shat] be governed by the laws of the State of New 10 York and the invalidity or unenforceability of any specific .provision shall . in no way affect the validity or enforceability of any other provision 16. De d Su e�hatedeptt's )Do€nicite. The Deputy Superintendent agrees to maintain his/her domicile within the boundaries of the District during the terra of his/her employment.hercunde.r, including any extensions of this Agreement. 18.. aver. Failure of either party hereto to insist upon strict compliance with any of the Agreement shall not be construed to be a waiver thereof. IN WITNESS WHEREOF, the parties hereto have signed their names on the day and year written. Far the Employer For the Employee B' V,W . iams, Ed.D. ."vlasade 4ladc1 Ed.T3. DNT JTATED: -27�� DATED: — 1; � — 12 Attachment A to Agreement on Employment FORM OF [FIRST] AMENDMENT TO AGREEMENT THIS [FIRST[ AMENDMENT TO AGREEMENT, entered into on this � day of 20 — , by and between the Superintendent of Schools for the City School District of the City of Buffalo and Folasade Qladele; Ed.D. (hereinafter "Deputy Superintendent ") WITNESSETII: WHEREAS, the parties entered into that certain Agreement on Employment of Deputy Superintendent, dated (hereinafter, the "Agreement "); and WHEREAS, [recite reason(s) for - amendment of contract]; - NOW THEREFORE, it is agreed as follows: 1. [Use as many numbered paragraphs as are necessary to make desired changes to the contract] 1 All other provisions of the Agreement not specifically modified herein shall remain effective and unchanged hereby. 13 ITV WITNESS WHEREOF, the parties hereto have signed their names on the day and year written. For the Employer For the Employee By: Jaynes A. Williams, Ed.D. SUPERINTENDENT Folasade Oladele, Ed,D DATED: •i , Attachment B to AgTeernent on Employment Job Duties /Job Description Deputy Superintendent (Sec Attached Job Specifications) t a Attachment C to Agreement on Employment Procedures forLTern ination of Employ for Cause I , , Charges , against the Deputy Superintendent will be brought by the Superintendent, and all such charges shall be in writing. 2. The Deputy Superintendent shall be entitled to answer such charges and request a hearing thereon before a neutral third - party hearing officer selected by the District. 3. During any hearing concerning such charges, the Deputy Superintendent shall- be entitled to be represented by legal counsel at the cost of the Deputy Superintendent; to require the appearance of and to present, examine and cross - examine witnesses under oath, including employees of the District and members of the board, to require the production of records, documents, papers and other tangible evidence under the control of the District; to submit and have received in evidence records, documents, papers and other tangible evidence; and to be provided without cost, a copy of a transcript of the proceedings. 4. The Hewing Officer shall make a recommendation to the Superintendent as to the disposition of the charges. The Superintendent shall thereafter render his decision. 5. The decision of the Superintendent on such charges shall be final and subject to appeal only to the Conunissioner of Education pursuant to Section 310 of the Education Law or to the courts pursuant to Article 78 of the New York Civil Practice Law and Mules, in each case within the time limits applicable thereto. 16 School board to rovisit buyout package for deputy supewintendent.- Schools -The Buffalo ... page I oft F �{ A94s 044' Some control board officials had concerns abort a plan to give Folasade Oladele a felt year's satall' of $M,000, plus benefits after the school board accepted her resignation front the district`s No. 2 Position. t-larry scull Jr. / News file photo City of Buffalo S chool board to revisit buyout package for deputy superintendent B Brim Meyer Publislied:June 15, aoxx, 2:39 PM a Conuttenis .. t_ .. .. 2 Key Links 5elto ol,Lvneltlog , The 1leltir�..edcica&mmlge_ Updated: June 15, zoi , 3:06 PMI & tnove is afoot to stop the one -year payout to Buffalo's departing deputy school superintendent. The Board of Education will reconsider the financial package approved last week to pay fall year's salary of $168,00o plus benefits to l ?olasade Oladele, who is leaAng the district at the end of this month. There are indications the school district's action of last Nveek could, violate state municipal laNv, according to at -large member John B. Licata, a city attorney who vas among three board members who opposed Oladele's payout. He discussed the concerns today with A. Vincent Buzard, the Buffalo control boar(Vs legal adviser. The Outgoing deputy superintendent is only entitled Wthree ntolIths of pay if the district chose to buy out her contract before it was set to expire in a year, Takata said. state laws would seem to block a higher payout, he said. x/1512 ©11 litti ),I /wwNv.buffatolie,ws:coni/ city /schools {article4S5773.ece School board to revisit buyout package for deputy sttpAntendent - Schools - The Buffalo — Page 2 oft 'Those sections mean you cannot have a gift essentially of public funds to an individual Licata said. Some control board officials have been privately discus §h }g concerns about the buyout ever since the sclroot hoard accepted her resignation from the district`s NO.2 position. Her contract stipulates sheds only entitled to three months' pay if the district buys out her pact. The state oversight panel has the pwor to approve or reject all expenditures over $5o,000, and there were indications this week the control board might attempt to block the payout. The control board learned about the new developments today and delayed a vote on the controversy, said A,lair'i'w the control's board vice chainvonran, who presidied over today's meeting. "If the school board is going; to revisit this and possibly (rescind) the earlier action, then,that's the board's prerogative," Townsend sail. She added that the oversight panel has received a lot of feedback from people in the conlinunity about the buyout, some of whom are staunchly opposed to it. School Board President Ralph Hernandez and Licata, an -large nrewbor, attended this afternoon's control hoard rrrectiug, They confirmed that tiie school board will meet in special session liter today to revisit the package for Oladele. Hernandez, lvho initially supported the package for ©l tdele, said the board has an obligation to review the new legal concerns. Does he think the school hoard Mll do an about -#ace? "'we'll find out," Hernandez said. "My job as president of this board is to make sure that all board members have an opportunity to weigh in Nvith their concerns oil any action that we take." Comm ents There are jxo comments on this story. Add Your conimmit Copyright x999 - 2oii - The Buffalo News copyright- protected material. ltttp: / /N".Yw. buffalo€- iows.cotii/ city /solioolslartie1c455773.eee 6/15/2011 The Committee on Open Government r—X . - State of New York Department of State Committee on Open Government t OML -AO -4530 December 12, 2007 Page 1 of 3 One Commerce Plaza 99 Washington Ave. Albany, New York 12231 (518) 474 -2518 Fax(518)474 -1927 htto ., / mvw.dos.ny ov coo The staff of the CO mittee on O en Government is authorized tp issue advisor o inions, The ens in staff advisor opinion is based solely U pon the cts resen ed in our corres ndence. Dear I have received your letter in which you wrote that you "have had several former members of [y]our local school board approach [you] and state they have information, but they cannot divulge it as it was discussed in executive session." You expressed an understanding, however, that "once an individual is no longer a member of the board, they are no longer bound by confidentiality in terms of executive session and are free to discuss it if they so choose." You have asked that I confirm that to be so. In brief, in my opinion, the only instances in which members of a public body, such as a board of education, are prohibited from disclosing information would involve matters that are indeed "confidential." When a public body has the discretionary authority to discuss a matter in public or in private, I do not believe that the matter can properly be characterized as "confidential." Further, when an individual no longer serves as a board member, as you have suggested, with one exception, I believe that he/she is free to discuss any topic. I note that the Commissioner of Education has rendered a decision indicating that board members may be removed from office if they divulge information acquired during an executive session. Notwithstanding my disagreement with that decision, I do not believe that it would apply to a former board member. The Commissioner's decision in Application of Nett and Raby (No. 15315, October 24, 2005) states as follows: "in addition to a board member's general duties and responsibilities, General Municipal Law §805- a(1)(b) provides that no municipal officer or employee (including a school board member) shall 'disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests.' It is well settled that a board member's disclosure of confidential information obtained at an executive session of a board meeting violates §805- a(1)(b) (see Applications of Balen, 40 Ed Dept Rep 250, Decision No. 14,474; Application of the Bd. of Educ.of the Middle Country Central School Dist., 33 id. 511, Decision No, 13,132; Appeal of Henning and Rohrer, 33 id, 232, Decision No. 13,035). "Less clear is what constitutes 'confidential' information. The term 'confidential' is not defined in the General Municipal Law and the legislative history of §805 -a does not provide any additional guidance into the meaning of that word... "Absent a clear statutory definition, and given the importance of ensuring a uniform application in the educational system, the interpretation of'confidential' the school context is a matter best left to the Commissioner (see Komyathy v. Bd. of Educ. Wappinger Central School District No. 1, 75 Misc. 2d 859). Information that is meant to be kept secret is by general definition considered to be 'confidential' (see Black's Law Dictionary [8th Ed. 2004])," While some interpretations of law might be "best left to the Commissioner ", I point out that each of the precedents cited in the excerpt of the decision quoted above involve the Commissioner's own decisions. Not referenced, however, http: / /vAvw. dos .ny.gov /coog /otext/o4530.html 7/7/2011 am alt of NY i One Commerce Plaza 99 Washington Ave. Albany, New York 12231 (518) 474 -2518 Fax(518)474 -1927 htto ., / mvw.dos.ny ov coo The staff of the CO mittee on O en Government is authorized tp issue advisor o inions, The ens in staff advisor opinion is based solely U pon the cts resen ed in our corres ndence. Dear I have received your letter in which you wrote that you "have had several former members of [y]our local school board approach [you] and state they have information, but they cannot divulge it as it was discussed in executive session." You expressed an understanding, however, that "once an individual is no longer a member of the board, they are no longer bound by confidentiality in terms of executive session and are free to discuss it if they so choose." You have asked that I confirm that to be so. In brief, in my opinion, the only instances in which members of a public body, such as a board of education, are prohibited from disclosing information would involve matters that are indeed "confidential." When a public body has the discretionary authority to discuss a matter in public or in private, I do not believe that the matter can properly be characterized as "confidential." Further, when an individual no longer serves as a board member, as you have suggested, with one exception, I believe that he/she is free to discuss any topic. I note that the Commissioner of Education has rendered a decision indicating that board members may be removed from office if they divulge information acquired during an executive session. Notwithstanding my disagreement with that decision, I do not believe that it would apply to a former board member. The Commissioner's decision in Application of Nett and Raby (No. 15315, October 24, 2005) states as follows: "in addition to a board member's general duties and responsibilities, General Municipal Law §805- a(1)(b) provides that no municipal officer or employee (including a school board member) shall 'disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests.' It is well settled that a board member's disclosure of confidential information obtained at an executive session of a board meeting violates §805- a(1)(b) (see Applications of Balen, 40 Ed Dept Rep 250, Decision No. 14,474; Application of the Bd. of Educ.of the Middle Country Central School Dist., 33 id. 511, Decision No, 13,132; Appeal of Henning and Rohrer, 33 id, 232, Decision No. 13,035). "Less clear is what constitutes 'confidential' information. The term 'confidential' is not defined in the General Municipal Law and the legislative history of §805 -a does not provide any additional guidance into the meaning of that word... "Absent a clear statutory definition, and given the importance of ensuring a uniform application in the educational system, the interpretation of'confidential' the school context is a matter best left to the Commissioner (see Komyathy v. Bd. of Educ. Wappinger Central School District No. 1, 75 Misc. 2d 859). Information that is meant to be kept secret is by general definition considered to be 'confidential' (see Black's Law Dictionary [8th Ed. 2004])," While some interpretations of law might be "best left to the Commissioner ", I point out that each of the precedents cited in the excerpt of the decision quoted above involve the Commissioner's own decisions. Not referenced, however, http: / /vAvw. dos .ny.gov /coog /otext/o4530.html 7/7/2011 The Committee on Open Government are judicial decisions that are contrary to his conclusion. Page 2 of 3 Many judicial decisions have focused on access to and the ability to disclose records, and this office has considered the New York Freedom of information Law, the federal Freedom of Information Act, and. the Open Meetings Law in its analyses of what may be "confidential." To be confidential under the Freedom of Information Law, I believe that records must be "specifically exempted from disclosure by state or federal statute" in accordance with §87(2)(x). Similarly, §108(3) of the Open Meetings Law refers to matters made confidential by state or federal law as "exempt" from the provisions of that statute. Both the state's highest court, the Court of Appeals, and federal courts in construing access statutes have determined that the characterization of records as "confidential" or "exempted from disclosure by statute" must be based on statutory language that specifically confers or requires confidentiality. As stated by the Court of Appeals: "Although we have never held that a State statute must expressly state it is intended to establish a FOIL exemption, we have required a showing of clear legislative intent to establish and preserve that confidentiality which one resisting disclosure claims as protection" [Cap it b News a ers v- Burns 67 NY2d 562, 567 (1986)], in like manner, in construing the equivalent exception to rights of access in the federal Act, it has been found that: "Exemption 3 excludes from its coverage only matters that are specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld. "5 U.S.C. § 552(b)(3) (1982) (emphasis added). Records sought to be withheld under authority of another statute thus escape the release requirements of FOIA if - and only if - that statute meets the requirements of Exemption 3, including the threshold requirement that it specifically exempt matters from disclosure. The Supreme Court has equated 'specifically' with 'explicitly.' Baldridge v. Shapiro, 455 U.S. 345, 355, 102 S. Ct. 1103, 1109, 71 L.Ed.2d 199 (1982). '[O]nly explicitly non - disclosure statutes that evidence a congressional determination that certain materials ought to be kept in confidence will be sufficient to qualify under the exemption.' Irons & Sears v. Dann, 606 F.2d 1215, 1220 (D.C.Cir.1979) (emphasis added). In other words, a statute that is claimed to qualify as an Exemption 3 withholding statute must, on its face, exempt matters from disclosure "[Reporters Committee for Freedom of the Press v. U.S. Department of Justice, 816 F.2d 730, 735 (1987); modified on other grounds,831 F.2d 1184 (1987); reversed on other grounds, 489 U.S. 789 (1989); see also British Airports Authority v. C.A.B., D.C.D.C.1982, 531 F.Supp. 408; Inglesias v. Central Intelligence Agency, D.C.D,C.1981, 525 F.Supp, 547; Hunt v. Commodity Futures Trading Commission, D.C.D.C.1979, 484 F.Supp. 47; Florida Medical Ass'n, Inc. v. Department of Health, Ed. & Welfare, D.C.Fla.1979, 479 F.Supp. 12911. In short, to be "exempted from disclosure by statute ", both state and federal courts have determined that a statute must leave no discretion to an agency: it must withhold such records. in contrast, when records are not exempted from disclosure by a separate statute, both the Freedom of information Law and its federal counterpart are permissive, Although an agency may withhold records in accordance with the grounds for denial appearing in §87(2), the Court of Appeals held that the agency is not obliged to do so and may choose to disclose, stating that: "...while an agency is permitted to restrict access to those records falling within the statutory exemptions, the language of the exemption provision contains permissible rather than mandatory language, and it is within the agency's discretion to disclose such records ... if it so chooses' (Ca ital News a r su r 567). The only situations in which an agency cannot disclose would involve those instances in which a statute other than the Freedom of Information Law prohibits disclosure. The same is so under the federal Act. While a federal agency may withhold records in accordance with the grounds for denial, it has discretionary authority to disclose. Stated differently, there is nothing inherently confidential about records that an agency may choose to withhold or disclose; only when an agency has no discretion and must deny access would records be confidential or "specifically exempted from disclosure by statute" in accordance with §87(2)(a). The same analysis is applicable in the context of the Open Meetings Law. while that statute authorizes public bodies to conduct executive sessions in circumstances described in paragraphs (a) through (h) of §105(1), again, there is no requirement that an executive session be held even though a public body has the right to do so. The introductory language of §105(1), which prescribes a procedure that must be accomplished before an executive session may be held, clearly indicates that a public body "may" conduct an executive session only after having completed that procedure. If, for example, a motion is made to conduct an executive session for a valid reason, and the motion is not http : / /www. dos .ny.gov /coog /otext/o4530.html 7/7/2011 The Committee on Open Government Page 3 of 3 � carried, the public body could either discuss the issue in public or table the matter for discussion in the future. Since a public body may choose to conduct an executive session or discuss an issue in public, information expressed during an executive session is not "confidential." To be confidential, again, a statute must prohibit disclosure and leave no discretion to an agency or official regarding the ability to disclose. By means of example, if a discussion by a board of education concerns a record pertaining to a particular student (i.e., in the case of consideration of disciplinary action, an educational program, an award, etc.), the discussion would have to occur in private and the record would have to be withheld insofar as public discussion or disclosure would identify the student. As you may be aware, the Family Educational Flights and Privacy Act.(20 USC §1232g) generally prohibits an educational agency from disclosing education records or information derived from those records that are identifiable to a student, unless the parents of the student consent to disclosure. In the context of the Open Meetings Law, a discussion concerning a student would constitute a matter made confidential by federal law and would be exempted from the coverage of that statute [see Open Meetings Law, §108(3)]. In the context of the Freedom of Information Law, an education record would be specifically exempted from disclosure by statute in accordance with §87(2)(a). in both contexts, I believe that a board of education, its members and school district employees would be prohibited from disclosing, because a statute requires confidentiality. The Commissioner failed to include reference to the only judicial decision of which I am aware that dealt squarely with the assertion that information acquired during an executive session is confidential. In a case in which the issue was whether discussions occurring during an executive session held by a school board could be considered "privileged ", it was held that "there is no statutory provision that describes the matter dealt with at such a session as confidential or which in any way restricts the participants from disclosing what took place" ( Run y oun v Board o, Educati Q n,_WC t Hempstead Union Free School District No. 27 , Supreme Court, Nassau County, January 29, 1987). In the context of most of the duties of most municipal boards, councils or similar bodies, there is no statute that forbids disclosure or requires confidentiality. Again, the Freedom of Information Law states that an agency may withhold records in certain circumstances; it has discretion to grant or deny access. The only instances in which records may be characterized as "confidential" would, based on judicial €nterpretaLions, involve those situations in which a statute prohibits disclosure and leaves no discretion to a person or body. Based on the foregoing, I believe that the Commissioner's conclusion that information that may be withheld or that information that may be discussed in executive session is confidential is inaccurate and contrary to the weight of judicial authority. I am not suggesting that board members, present or former s intentionally disclose information that could clearly be damaging to an individual or the operation of a government A However, based on the proceeding analysis, I reiterate my belief that the Commissioner's conclusion is inconsistent with both state and federal judicial decisions. Lastly, if a person no longer serves as a member of a board of education, I do not believe that he or she could be penalized by the Commissioner of Education or a board of Education. Further, I believe that, with one exception, a former board member is free to disclose information as he /she sees fit. The exception, in my opinion, would involve information identifiable to a student acquired in his /her capacity as a member of the board when that information is required to be kept confidential by federal law. I hope that I have been of assistance. Sincerely, Robert J, Freeman Executive Director RI F: tt DOS Home I A to — Index I ]p€tlications I Acceuibility i Pr €vacv Polity I IDLIs aimer I C-0— CUUS I ff Kis� littp : / /v4,ww, dos .ny.gov /coog /otextlo4530.html 7/7/2011 The Privateers E k1 kl E_ The stews, Briefly by Buck Quigley ®® Full Retail Tax D eduction Possible Fred rowiny Nationwide As seen on NBC, CBS, Montel, Good Moining America and People Magazine Running or Hot Page 1 of 5 On February 12, Artvoice received a press release from former WGRZ -TV investigative reporter Stefan Myclnajliw, who now serves as Special Assistant to the Superintendent of the Buffalo Public School District, Dr. James Williams. The press release, entitled "District Win$ Important Court Ruling," refers to the Buffalo Public School District's appeal of State Supreme Court Judge Jobn A. Michalek's January 25, 2007 decision in which Michalek declared that tire terms of a 2006 request for proposals to supply the district with athletic uniforms were "impermissibly vague in part and any applicant's hope of being found to be.the lowest responsible bidder is contingent upon participation in the scheme whereby exclusivity (of) a contract was conditional upon payment ofcompensation to the district." In passing, the February 12 dispatch from Mychajliw notes that file Appellate Division "dismissed the petition on procedural grounds." More precisely, the State Supreme Court ruling was reversed because the original notice of petition listed Jim Ludtka Sporting Goods, Inc. against City of Buffalo School District and Dr. James A. Williams, in his capacity as Superintendent of Schools for the City of Buffalo School District. Because the petition called for the nullification of tire school district's deal with AdPro Shorts (the company that had been awarded the contract), the State Supreme Court, Appellate Division, Fourth Judicial Department, ruled unanimously that AdPro should have been included in the list of respondents - appellants. This technicality decided the appeal before the case was heard. Judge Michalek's ruling was automatically reversed. Titus, the "victory" keeps in place the District's six -year uuifonnn contract with AdPro. Tile press release continues: "...students will continue to wear the highest q u ality shorting uniforms manufactured by Nike, and the District will receive Lite best value for lite money. Prior to tine competitive bidding process that resulted in the AdPro contract, Ludtka enjoyed an "elusive, no -bid afrangernent with the District for many years charging the District higher prices than those charged by AdPro." Andy Fleeting, Ludtka's lawyer, is planning some sort of appeal to let his clients have their day in court without being thrown out on a technicality. He also objects to characterizing Ludtka's previous relationship with the district as a "no -bid arrangement." This, he claims, is untrue. In any case, what is most interesting about Mychajliw's press release are the things that aren't said about the contract between AdPro and the Buffalo schools. For one thing, there were only two bidders on the RFP, AdPro being one of them. Ludtka did not submit a bid, choosing instead to protest the fairness of the RFP in court. What they objected to was a section of the RFP termed "Evaluation" that reads as follows: "Once proposals are submitted, the District Committee shall evaluate the following criteria, bet give no specific amount of weight to any one item." Tire items are listed as: Exclusive Rights Compensation, Product Pricing, Customer Service, Community Service, Additional Compensation, and Product Line & Quality. This is the language that was ruled to be "impermissibly vague" by Judge Michalek. 1 first asked Buffalo Schools CFO Gary Crosby to explain this to me back in the spring of 2007. He sent me the RFP with a note explaining that, although Ludtka chose not to bid, he was including a price comparison between AdPro's Nike uniforms and Ludtka's uniforms manufactured by Sports Belle, tine company that had made the uniforms worn by the city's teams for many years. While it was not particularly compelling to discover that AdPro's uniform prices were cheaper than Ludtka's old quotes ---in large part because Crosby was comparing garments made by two different manufacturers--the devil really popped up in the additional notes at the bottom of the chart. Among other things, AdPro "offered a donation to the foundation of 17.5k per year for 6 years. The foundation being referred to is the Buffalo Public Schools Foundation. Things change When Dr. James Williams was narned Superintendent of lite Buffalo Public Schools, one of the first things on his agenda was to revamp the Foundation for Arts and Athletics in Buffalo (FAAB). Meetings were held, and the grassroots board of the old foundation, which was made up of concerned and enthusiastic parents and education supporters, was assured that their programs would continue on under tie new order. They could also retain two seats on tine new board, Dr. Williams agreed, offering a handshake as assurance. At the tirrre, FAAB was bringing in around $40,000 in donations annually. Not a huge amount by public not - for - profit standards, but what came in always got spent. Part of their goal was to run FAAB with full transparency and accountability. That was wily the Community Foundation for Greater Buffalo handled their funds. Those who sat on the board of FAAB directed money toward things like the Buffalo Select Chorus, a citywide high school choral group that requires an audition to join. The goal for singers who make the cut is to perform in a year -end concert and receive a professional recording of the group, which they cart http :l /www.artvoice.com/issues /v7n7 /news _ briefty /privateers 7/712011 The Privateers then use in the college application process. Page 2 of 5 On March 13, 2006, that changed. The majority of the old board me €nbers was replaced and the name of the entity was officially changed from the Foundation for Arts and Athletics in Buffalo to the Buffalo Public Schools Foundation with the signature of Robert Fleming Jr., an attorney at Hodgson Russ, one of only two individuals to remain on the board of file new foundation. Daniel Boscarino, bead of human resources at M &T Bank, was named president of the nevq Buffalo Public Schools foundation. Superintendent Williams became vice president. The treasurer of the foundation is Buffalo Public School Chief Financial Officer and Chief Operating Officer Gary Crosby. Sundra Rice serves as secretary. Her qualifications include being president and CEO of SLR Contracting and Service Company, a firm she certified with the US Small Business Administration as a disadvantaged minority business enterprise operating in a designated HUBZone. SLR is part of the Ciminelli construction team overseeing the $1 billion schools reconstruction .project. According to the foundation's 2006 tax return, there are seven other board members who don't hold a title and list "0" as the average number of hours per week they devote to their positions. They are: Ronald Boswell (WNED), Muriel Howard (Buffalo State College), William Mariam (fonnerly of ECC), Kathleen Rizzo Young (HSBC), Ann Laba Supernalt (FAAB board member), tend Hor€nose. (sic) Mansouri (F.I. Team, Inc.). it's possible that some of these board members have changed since the foundation's 2006 tax return was filed, But it's very difficult to get any kind of information about the Buffalo Public Schools Foundation. I have been told by no less an authority than Gary Crosby that the foundation is i €nmunne to Frecdon of Information Law (FOIL) requests. White the foundation does have a Web address ( buffaloseltoolsfoundatio €).org), it is still 'lot functional two years into the existence of the organization. On and off over tine past year I've tried many approaches to get information about tine good works the foundation might be involved in. Surely there must be some things that should be trumpeted proudly from the highest rooftops, I believed. My faith began to waver as t read recent email repliesfronn Crosby and Mychaj6w. After first asking one what kind of a story I was writing, I was supplied a bunch of vague and unsatisfactory answers. I sent tine answers back, seeking more specifics. I told them both I was giving them the opportunity to take a re -test. That provoked the following response from Ivlychajliw: "['in concerned about your tone, quite frankly, and some of the comments you made concerning the Foundation." Crosby was also touchy: "Again, I don't appreciate Buck's sarcasm and what now appears to be a threat." Secrecy begets suspicion A quick Web search trader the broad terms "public school foundation" shows that there are many such groups out there, across tine country. They all explain who and what they are, champion their good deeds toward schoolchildren, and, importantly, offer visitors the opportunity to donate in support of the foundation. I found several that include in their donor lists businesses like local car dealerships and restaurants as well as generous individuals. Here are a few, chosen at random: Irvine Public Schools Foundation (w%vw- ipsfnet), Oklahoma City Public Schools Foundation (www.okckids.co€n), Denver Public Schools Foundation (wwwApsfoundation.org). It could be that the Buffalo Public School Foundation isn't so mach interested in fire peanuts that might trickle in from ordinary citizens' donations, however. Sure, every little bit helps, but once people start giving money, then they get this sense of entitlement and start nosing around and getting all tip in the foundation's business. Better to stick with the big fish that are happy to cut a check and move on. But how do you attract those kind of donors when you don't even have a Web site? Why don't we look at the list of donors ($5,000 and up) from the Buffalo Publie School Foundation's 2006 tax return, and see what we can leant. Margaret Wendt Foundation — $100,000 Buffalo Coca Cola Bottling, Inc. $67,500* Laidlaw Educational Services ---- 550,000 Redline Recovery--- $20,590 Johnson Controls - --$20,000* Eric I Boces— $15,000 Voyager — $10,000* Sopris West Inc., Cambium Learning — $10,000* The Administrative Assistants LTD. -- $ 10,000* Harcourt I nc. $10,000" CORE ----- $5 Buffalo Sabres Foundation—$5,000 Houghton- Mifflin Company— $5,000* McDougall- Littel l-- $5,000* The Princeton Review — $5,000* http://vrwNy.artvoice.com/issues/v7n7/news—briefly/privateers 7/7/201'i The Privateers The asterisks indicate donors who are also vendors to tire, Buffalo Public School District. Page 3 of 5 When I called these contributors, I was often told without even asking that tine money they gave.had nothing to do with tite fact that they do business with the Buffalo School District, Some didn't even know that the money they gave went to a foundation and just assumed it went to the district directly. Others said it was common to give money to districts and foundations --as long as it had nothing to do with them being a vendor. They were all at pains to explai €t away what can be viewed as the appearance of impropriety. When asked, Pepsi, who did not will tite pouring rights contract to sell their products in Buffalo schools, would not tell me why they wouldn't support tine foundation while their competitor Coca Cola did. I suggested that Coke mu care more about kids than Pepsi does, My contact there simply laughed. The major donors to the foundation appear to account for $338,040 of the $376,444 the foundation claims to have raised in 2006. Since contributions smaller than $5,000 ta remain anonymous, we can guess that close to $40,000 came in this fashion. Mychajliwv says that nruch ofthat amount came from friends of the late Robert Rich Sr., who donated in memory of the local businessman, Re"ritly, the refurbished All -High Stadium was renamed in honor of Rich. What did the foundation spend money on in 2006? $13,735 went to professional fundraising fees, $225 on postage and shipping, $43 on printing and publications, $63,558 was spent on conferences, conventions and meetings, and $14,641 Went to purchase approximately 200 cheerleading uniforms for 10 high schools. Of the $63,558 spent on conferences, conventions and meetings, $50,046 was spent o il art academic. retreat "held to build professional capacity and relationships to aid in the success of the District's Three Year Achievement Plan." `file three -day retreat was attended by staff, board members and the superintendent. The keynote speaker was Dr. Rosa Smith, President and CEO of the Schott Foundation for Public Education. The Buffalo Select Chorus, one of the main projects of FAAB, the former foundation, did not receive a dime. The old board €nefnbers soldiered on with a little public support and iti -kind help from Righteous Babe, who offer the use of Babeville for rehearsals and the big concert, as well as Mark Recording Studios, who donated time and facilities and made the CD of the chorus a reality for another year. Imagine The Buffalo Public schools Foundation has managed to produce one flyer, which was provided to me in at) effort to explain the overall goal oftlie foundation. (It presumably accounts for the $43 in printing costs the foundations reported on its tax return.) It reads, in part: "Imagine a gift that torrid: Challenge a future Einstein. Send an aspiring flutist to Juilliard. Mentor the next Picasso. Train an Olympian." While it's hard to see how funding a staff retreat and buying 200 cheerleading uniforms has moved the foundation toward these lofty goals, I've been told that in the past year they spent all additional $80,000 on more uniforms. More specifics won't be made available until its 2007 tax return is filed several months from now. Gary Crosby has also told file that the foundation's income was $275,000 in 2007, but lie wouldn't break down the names of and amounts given by any contributors. It's possible that, as Crosby says, the initial goal of the foundation was to raise money for the first couple of years. But that time is now up, and they are sitting on half a million dollars. It should be exciting to see how that money is applied. Great things could still come of this secretive public 5016 organization run by the district's superintendent and CFO. A good start would be investing in a Web site to establish some kind of communication wifli the outside world, where file children of one of the nation's poorest cities await the benefits of all that !Honey raised in their names. Questions or Comments for Artvoice? Send 0-mail to edi €uriabc altYOiCe.00m • Article last modified 2/13/2008 Issue Navigation> fsstye Index > v7n7• Thi§ Is Not y our Cjtandtnotltga'�,F3ino {2_]_l4ffl8�> Tlig Nuts. Sriet[y> Th_e Privateers This Week's Iss €to ` tlrLoice Daily. • tSgvpice T \! • f:vents_Calendar • £j itieds K12 Mob School Cvber School Learn From Home At Your porn Paco. K12 Accredited Online Hioh School wwV.K 12.CoAl Earn Your Decree Become Comoetitive In Today's work Force. Earn Your Decree Novi! w ww.0eareel arh.cem Educate. it's What We Do. We Educate. vie Keep our Communities Healthy. Learn More Here. wpiw. ttswwhat'FieoaJgYSUT,om AdChcices flniver,gity of Phoenix@ Official Site - Start Clan; 'Today. Online and Campus Degree Programs. rnann €x�a� t3nline C[altego Classes Earn college credits online now Choose from more than 30 majors v +i_esv_, na�tharJ��r' —e�d1 Con La w ©mine( Earn your Lain Degree 100% Online Bachelor's degree required to Apply s w.Coaeatd AP-U_Onlin_ Co llege 80+ affordable & respected degrees. Classes start Aug 1. Enroll today. v:vni.APUS.edu AdChoices t> Artvoice Links Hong a Page Imp : / /wx vv.ai issues /v7n7 /neNvs_ briefly /privateers 71712011 l II �1�tl U11 k7; 1 l PACE 03/13 Request for Proposal Buffalo Public Schools 0efivery and recmlpt of proposals: T11e Buffalo Public Schools requires proposals to be submitted on the form provided. Those copies of the proposals and supporting materials shall be delivered to: Buffalo Publio Schools Purchasing Department 65 Niagara Square- Room 408 City Hall Buff-110, NeW York 142()2 Proposals received after the time and date Sp ecified shall not be cons The proposals must °bantam a written list of all exceptions (it My) to the req uirements stated A. The cOMPlete proposal response to the BPS Crust Include: 1. Crrnpletely filled out Forms, signed Where requested by an authorized representative of the proposal submitter. 2. A written list Of all exceptions (if any) to the requirements of all section. 3. --�J The legal name of the proposal submitter end a statement as tb whether the Proposal submitt9r is a sole proprietor, a partnership, a corporatism, or any other legal entity. The person shall sign the proposal or persona legally authorized to bind: the proposal submltter to� the contract. The proposal submitter shall includo a statement that they are au to der business in the statq of N 13. ` h Buffalo S chool District reserves the right to waive miner irregularities, proposals which are not material or consequential in nature, whenever it is determinad to be in the hest interest of the school district. C. It is agreed that the discovery of any significant inaccuracy in information given by the Proposal submitter shall constitute good and sufficient cause for rejection of the bias for apparel, D, Proposal submitter shall identify those portions of their bids that they deem to be confrdentlal proprietary information or trade secrets and shall provide the School Usttiet with justification as to why such materials aheuld not be disclosed by the School District. The School District will make every reasonable effort to honor such requests. Sidders dust clearly indicate each and every section to which this applies. It is not sufciont to preface the entire bid with a proprietary statement. The proposal submitter shall inform the School District record officer of the specific information, Which Is to be kept confidential, kt /I l�tif 1hi1 l J::l� its"€ -€ 1. Scope It is the intent of the BuffalO Public School Diviaion of Athletics to solicit propr�sals frrr the Purchase of apparel, game uniforms, ona tram footwear, We are also soliciting proposals for embroidery, screen printing, tackle twill and vinyl neat pressed numbers or fetters to be applied to Team and Start apparel. Appeal may also indudo customer supplied items in addition to the iterns purchased from the vendor. This proposals also includes in the scope, value added items such as Corporation sponsor4hip (rash /trade) and purchasinglhuying credits. The successful bidder will enter into a Purchase Agreement with the Buffalo School District. 2. Background 'MO BUffald School District offers a variety of competitive shorts_ please svo attachments' - broken down by sports, apprpxinlate roster sizes, gender participation and proposed sports Programs to be developed in the future. 3. Method of Award . Award will be made on thm Basis of grand total to the propose a i e Lowest over 1 I mi' ad p siV� � �d responsible to-cz�r requ3rer�aenis_ -as -well as our terms and conditions �� proppsal. 4. Value Added Value added items should be Included in vendor's final proposal indicating a specific dollar glum, An initial offer Of sponsorship doJlam/tr toward the School District: Division of Athletics will be considered and subtracted from the total cost when making a final determination for awarding the proposal. An initial sponsorship offer cart -be Included, along with an escalated level of sponsorship plan based can a level of purchases that may take p lace within a given fiscal year. A Sponsorship is executed when a business entity exchanges cash or trade services for marketing eltamerrts provided by. the School District Division ofAt hldtics that could include the fallowing: Facility Signage, Direct Mall Program, Radio Advertising, Television Advertising, In /At Games Promotions, Individual Gate /Event Sponsorships, Event Promotions, Basketball /Football Poster Program Advertising, Score b oard Advertising, and Public Address AnrOUncement Opportunities. The costs assoofated with the sponsorship are determined by the specific Marketing elements selected by the advertiser, ALL VALUE ADDED DIFFERS MUST DE STATED Its DOLLARS AS VIIELL AS A DETAILED BREAKDOWN ON HOW THE OOLLAR FIGURE WAS DERIVED, PAGE 04113 3 �JII�JSI 31I 1t�:1L� PAGE 05/13 Purchase Credit to School District a. Vendor will provide School District Athletics with: Purchase credit (% of gross sales with vendor) for all purchasemade through the vender during the term of this agreement. Purchase credit will be good toward all products the vender supplies at the discounted purchase price, Purchase credit will be totaled every six (6) months of each year within the terra of this agreement starting with this contract. b. Comply fo above? Yes % of credit No Trade may be offered, but not limited to functions and/or events, such as the Harvard Cup Football Championship game, the Martin Luther King jr. Basketball Challenge Tournament, Yale Cup Basketball Championship (men's), Canisius Cup Basketball Charnplonship (ladies) and other championships or spacial events, 5. Contmct Period/ and Terrnirtation Unless rrtodifiled as provided herein, this contract shall begin upon award, approximately February 2006, Term shall be for five consecutive years oar a mutually agreed upon term. The School District shall have the right to terminate this contract early for: . [lnav ilablll funds. 13. Cause. raring the contract period, should It become evident that the contractor cannot m6st the terms and conditioms of the contract as evidenced by written documentation of inadequate and unacceptable performance, or failure to meet agreed upon Schedules, the School District reserves the right to terminate the contract In whole or in part Immediately upon written - notice to the contractor. C. Con i� ence, The School D18trlct may Only invoke its right to terminate for convenience on th9 Test day of the first year, provided that the District his given written notice to the contractor no later than 30 days or more prior to the date of termination. If the contract is not terminated, prices may be adjusted as of the date of the first anniversary of year number 'one and On each subsequent anniversary; except for contract termination date in accordance with the fallowing formula provided however, that no Increase may exceed five percent (5 %). Adjuatment of annual costs for year 2, �, 4, and 5 for this contract shall not exceed Inflation guidelines as establisher by the nationally accepted consumer price index -urban (CPJ Notification of intended price increase(s) must be presented to the District ninety Mays prior to the effeGtive date of proposed increase. The approval document for this contract will tie: U.& Department of Labor Consumer Price Index, All Urban Consumer, CPI - Northeast Urban, All Items, The specific inflation level will be based upon those figures for the twelve (12) months ending ninety (00) (lays prior to the contract renewal. Where cost is express in discount from list, discount shall remain for entire COAtr80t period. Manufacturer's price list shall be allowed to be updated annually, 6. prices Prices should reflect all applicable freight, delivery and insurance charges. 07/08/2011 10:10 f3 PAGE 06/13 : 7, paytttont f Payment will be processed upon receipt of (a) approvals for payment by the Dopartment and (b) the VOrtdor's lnvolces. Payments to vendor shall draw from Accounts payable in Sports foundati on. accordance with New York Mato prompt Sports payment legislation or dlret{tly from the Superintendent's 8. Reforonces Adder must provide five (5) references for which sirnilar work has been provided on a similar large scale. Each reference must be from a different company or firm, including telephone number and contact person. Credentiald to be ve miffed . R thorough description of tho firm, including principal business activities, location of offices, number of employees and technical specialists, and a corporate financial statement car proof of solvency, rmu!>t be provided. Bidders must have a strong financial Position appropriate for a contract of this size. References provided, Of subcvrttractprs must also be 9. Financial Stabldlty If requested, Bidder must dOcutment its ability to servica a contract with dollar sales volume similar to scope of this bid through submission of financial statements documenting past saps history. The Bidder must be firtencially stable and able to substantiate the financial statement of its company. In addition to salas history, current financial statement may be requosted and must be provided within five (5) bu�incss days. The School District reserves the right to request additional dacumentetlon from the Bidder and to request reports on financial stablllty fr m independent financial rating services, The School District reserves the right to reject orgy bldder who does not demonstrate financial stability sufficient for the scope of this bid. 1 0. Subcontractor The Bidder stroll ut'I'ZO lts Own " Workmanship as much as passible Reliance on subcontractors should bO limited. The level of reliance will be mart tit` the proposal evaluallOn criteria as the Bidder is able to supply the subcontractor criteria listed below. The School fistrict reserves the right to reject any subcontractor. No substitution of the proposed subcontractors shall be allowed without School District noli#`tcation and spp Th School District has firial approval on all craftsmanship. The Bidder shall be fully responsible for all work and actions of its Hubcontractors and their employees and agarils, The Bidder shall be solely responsible far the completion Of all wort and services and the quality of the workmanship, Adders must indicate which parts of the services subcontractors will perform. `Che fallowing information roust be provided: The name Of each subcontractor The work that each subcontractor will perform The names and phone numbers Of rat least three (3) references for each subcontractor, If specific subcontractors have not been selected at the time of bid submission, submit the above information for all subcontractors under consideration. 5 ti I uor zt.[J.y tai: iel P /13 All, Yt �_ fit• Sweatshop Legislation All apparel supplied to the School district will be manufactured in compliance with all 81300able labor and occupational safety laws and certified by completion of the "Bidder certification Of Compliance with Fair tabor Conditions" form attached, The Board of Education has been authorized to accept bids from "responsible bidders' only. A determination that a bidder on a contract for the purchase.of apparel Is not a "responsible bidder" shall be based Upon either or bath of the following consideratlons; a) The labor standards applicable to the Manufacture of the apparel, including but not limited to employee COMPensatian, working Conditions, employee rights to fa labor, un unions, and the use of child rar >b) The bidder's failure to provide information sufficient far rep Board of ducation to determine the labor standards applicable to fire manutaclure of the apparel. 12. Liability The vendoh, at his own expense, shall provide the necessary theft and liability in surance to protect the School District from any damage to equipment, building or any injury resulting from the execution of the contract. The Vendor shall have and keep harmless and indemnify the School District and the City of Buffalo for any and all liability, claims and costs of whatsoever Kind and natu for Injury to or death of any person or persons, and for loss or damage to any properly occurring in connection With or In any way incidental to or arising out of occupancy, use, service, operation or Performance of work in connection with this agreement, resulting in whole or In part from the negligent, reckless cr intentional acts or omissions of the contractor, any subcontractor or any employee, agent or representative of the Vendor. Combined bodily injury liability and property damage liability insurance singlo' llirtlt insurance, in the amount of one million dollars ($ shall be maintained by the Contractor: Th e vendor shall provide the School District certificates of insurance coverage prior to cOmmencing Work and maintoin such Coverage throughout the entire term of this Agreement. All certificates of insurance must contain a clause requiring a minimum of 30 days written notice Of cancellation, non renewal or maj changes of coverage. The vendor and its employees engaged in the performance of tho work shall at all times be deemed to be performing as art independent contractor and not an agents or employees of the School District. The vender shall Inderrinify and hold harmless the Scheel District and its employees. Therefore the Vendor bears full responsibility for any and all liability, lass, damages and expenses which may be suffered fr any claim, demand, SUR or Cause or action which may be made or hold against there by reason of negligence or malpractice an the part of the Vendor, its agents or employees Security of all rrmtorial will be the responsibility of the Contractor. 14. Independent Contractor Contractor and its employees engaged in the performance of tho work shall at all tunes be deemed to be performing a$ an independent contractor and nOt as agents or employees of the School District, the City Of Buffalo and their employ rrorn and against all liability, loss, damages and expenses Which may rnade or held against there by reason of negligence or malpractice an part of contractor, it agents or employees- ri r 1 not .4rrl l l u, 10 1 5, Famo Maleure Neither party will be liable for losses, defaults, or d�rnages which result from delays in performing, or Inability to pertbrm, all or any of the obligations or responsibilities imposed uporl it in any contract resulting from this RF13 because of acts of God, the public enemy, acts of goverment, earthWakes, Hoods, typhoons, devil strife, fire or other causes beyond the roasonable control of the party so delayed in or so unable to perform provided that such party was not negligent arld shall have used reasonable efforts to avoid and Overcome such cause. 16. Free and open Competition The School FB 's District er�eourag€�s free and Open competition. Whenover possible, spc�cificatians, # 13 and conditions are designed to accomplish this a the necessity to satisfy the School District's needs. bjectiuo, cnnslsfent with 17. Delivery Paint RxcePt when otherwise specified, all items shall be FOR delivered try any point within the School 0lstrict as directed. All BuffalO Board of Education faoitlties ere located within the city limits of Bultalo, NY. 18. Warranty and Rai tuena ® All returns will be handled exclusively by the vendor. Vendor must pick up and return Merchandise to manufacturer at vendor "s expanse. Fick Up of Merc4andise to be returned must be Within 48 hours. 100% return guarantee on defective products_ • I GO% return guarranteo on any Item in original packaging within 30 days of receipts. Vendor is responsible for all returns art an incomplete orders Or merchandise `shipped incorrectly. • A representative must be available try addres6 School District concerns with mercl�ar�dise within 24 hours. 19. quantities The School District can make no guarantee as to the quantities of each Item per Calendar or fiscal year. If possible, estimnted quantities have been stated. See attached sheets for Breakdown of sports, schools, students and athlete gender. 20. OPROnal P're -Did Mooting Bidders may schedule an appointment with Mack Sperrazza apparel for (71 6) 816-31523 to view ttuallty, printing, samples or ether clarification prior to bid Opening. It is the Bidders soli: responsibility to obtain this clarification if required. 21. cameral "The Buffalo School Dlstrlot reserves the right to request clarifications from offerors for purposes of assuring a full understanding of responsiveness and further reserves the right to permft revisions from all Offerors determined to bs susceptible to tieing selected for contract award, prior to award." PAGE 0 "The Buffalo School District: reserves the right to reject separable portions of any offer, to negotiate terms and conditio cOnsistent•with the solicitation, and to make an award for and or all remaining portior€s.,, V r 1 „V, 4U.L r,. -L tll PACE 09/13 u The Buffalo School District reserves the right to eliminate mandatory requirements not met by all offerors." "Any terms which are attached or referenced with a submission shall not be Considered Part of the bid or prOPo8al, but shall bo deemed included for informational purposes only." 2 2. Proposals shalt address and answer to, but not be limited to, t La following criteria The relative expectations, rights, and responsibilities of thu District and the Proposer should be clearly identified at the outset to ensure a positive, productive and lasting relationship. The District desires creative and proposals which include. but are riot limited to, the following elements: a. Describe. in detail, any and all possible opportunities recommended and include all assumptions related to financial, manag®trrent, and operational objectives. b. The District reserves the right to approve all selections to bell c. Describe clearly the scope of services to be provided including your commitment to supply new a4hIetic apparel. d. Describe fully your pion to supply, deliver, service and maintain all elements of your proposal. e. Describe ft service and quality control standards established f ©r all apparel, including a plan to maintain the standards and address problems as they arise.. f. Describe, in detail, tyro District's responsibilities in your marketing strategy and activities. c . Prospective suppliers should understand that the District has vary limited ability to engage In Commercial activities and proposals shall give appropriate deference to the 131.0rict's tlrnited• ability. h. Describe the pro osed terms-of-you agreement. 1. Describe and define any and all provisions required of the District, f Describe fully your recommended item'pricos, Describe fully your basis for compensation. k. The District intends this list to be preliminary, Fully describe any and all potential strategies not indicated in this document, valUut Once proposals area submitted,43 .District Com shalt evaluate the fallowing but give no sp_ e_ ctrl �mc�unt XCIUSiVi, Rights tvarnpensatir)n�� ® Product lyric nil customer e(Vice community s ervice fldditi l© anonerper}satian der" eJt In & Quail y 1. guration The duration of the Contract is suggested to be a period of five (5) years from the date of execution. Final determination of contract duration shall be negotiated prier to contract award. 71QSI2»11 1Q:10 PACE= 10113 2. gurnmodiffes It is the intent of the District to contract with a vendor for the District's athletic apparel, game uniform$ etc. The District res was.the right to lnclu or exclude certain items, upon mutual consent of supplier. As a result of this award, vandor shall retain: e.xclusive bwding of apparel worn by student athletes in the doe course of athlefm competition. Vendor_shell not retain exclusive rights for apparel not provided for ire contract. - proposel's .shall clearly attte and -o atline-- the -Di strint'S-re pt3nsibilltt s and r parameters relative to any and all requlrorrment ; of the vendor's p posat, pertaining try exclusivity The Vendor shall quote, as part of its proposal, any and all compensation it will provide to the DIstrict In return for thla exclusively. All proposals small be Irrevocable for a period of at least sixty (60) days from the date of the proposal opening, and small be submitted in duplicate. 9 Ivory Payne - Request permission. to Purchase 982 & 974 Fillmore Avenue (Fill) REFERRED TO THE COMITTEE ON l4`AND THE OFFICE OF STRATEGIC PLANNING V � � � � �:��� �� �.� °� J . _ _ �� _..., _ . ; �. tirr SLLLa� � _. _ _ r -� - _. � .� 7/26/2011 DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1408 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 8661 -4880 a FAX: (716) 851 -6575 City of Buffalo Website: www.city- buffalo.com Ellicott District Website: www.buffaloellicottdistrict.com 7121/11 j pLQ ITTEES CIVIL SERVICE FINANCE LEGISLATION SENIOR LEGISLATIVE ASSIS.TAN1 VERNEE W. SHAW J 6:47-6-4/Ax Please file the attached e -mail from Matt Enstice concerning the Buffalo Medical Campos which clarifies the information concerning The Ellicott St. Gateway Project -Bfl Nia Campus - Easement Agreement, which will be before the Council at its next schedule meeting, Sincerely, ' Darius G, Pridgen Ellicott District Councihmember ). ; j a. i have received your e-mail and will file on record for the Council meeting on Tuesday. M. =M From: Matt Enstice mailto :menstice b .or Sent: Thursday, 3uly 21, 201110:44 AM To: Councilmerrmber Pridgen Cc: Matt Enstice Subject: Feud: For Review: Mccarley clarification letter Dear Council Member. Pridgen: As a follow up to our conversation, I would like to clarify the information contained within Council item: Ellicott St. Gateway Project -Bflo Nia Campus - Easement Agreement. This item is a request that the Common Council approve the easement for the property known as McCarley Gardens on Ellicott Street within the Buffalo Niagara Medical Campus. The Federal Transit Administration, the federal funder for this project, requires this casement for each parcel on Ellicott Street that will receive the streetscape and beautification enhancements as part of the Ellicott Street Gateway Project which extends from Goodell Street to North Street. As with each property casement for this project, the need for the revised McCarley Gardens easement is to clarify that if at any point in time this property is sold, the federally funded improvements must remain or if the improvements are removed the owner must pay the federal government for the depreciated value of the removed improvements. The McCarley Gardens property will receive beautification elements unique to that site delineating it as a signature location along this $6,000,000 public streetscape investment.. It is critically important that the Common Council approve and pass this easement at the upcoming meeting on Tuesday July 26 because we are currently under construction and risk losing the federal funds for the enhancements at McCarley Gardens. Thanks again for representing the Ellicott district so diligently, we really appreciate your attention to detail and focus to help build a better Buffalo. Page 1 of 2 ' 0005,11 mur From: Christine Carr [ ccarr@computersforchildren_comI ,, I Sent: Tuesday, July 19, 20115:34 Ply 116 P, -� ' t 0 J ) To: Rasp- Olose, Maureen tlk'- d Subject: FW: FIOC City of Buffalo --- V2-w CouncilmernberJoe Colombek: Greetings from Computers For Children. Our mission is to provide current computers and information technology to schoolchildren, our mission efforts primarily focus on at -risk youth in the city of Buffalo. As you know, Computers For Children has trained thousands of youth as well as provided computers to technology deficient schools and agencies. As our founding sponsor, Verizon has annually helped us meet our educational .goals, provided resources such as quality volunteers as well as financially to support our mission. In fact, many of my colleagues are supported as well: ® Eric Community College: scholarship program; ® Family Justice Center: domestic violence prevention and outreach support for the Family Justice Center; * Canisius College: support for low- income high achieving students interested in the math and sciences; Everywoman Opportunity Center: computer lab for displaced homemakers returning to work; ® Buffalo Urban League scholarships; Olmsted Parks: welfare to work candidates learning about the nursery lousiness; NFJC: anti bigotry and bullying; * Food Bank; The Mayor's Summer Reading Challenge; Employee giving and volunteer program - Foundation matches donations to Douses of worship, schools and other non - profits. These are just some of what I personally know about, I am sure there are more. However, it is ray understanding that there has been some controversy about the connectivity of FIGS within the city of Buffalo, and more importantly the idea that the company is purposefully neglecting the minority population by not bringing FIGS to the city of Buffalo. personally, I know that there is some FIGS connectivity, as we have had several office locations with almost 30-40 computers running at the same time, and have used Verizon DSL and Time Warner Cable. As a company that operates in the city, we are grateful for the choices, and we appreciate the community investment Verizon has made in helping provide educational opportunities to kids in need. I do know this, Verizon was the first company to run hundreds of thousands of fiber optic lines throughout the city, I am sure that this investment was not in vain and that the plan, in time, is to connect everyone. Best Regards, RECEIVED AND FILIED Christine Carr 0 7/20/2011 0 0 0 5 1 ) 1 � FOB v v s w e.ru A Joseph Golombek, Jr. o.p P O K.r u N I T v Legislative Committee Chair g FNTETL `;, North District Common Council Member 1502 City Hall Buffalo, NY 14202 Board of Directors Sheri L. Mo oney Dear Council Member Golombek; President Sharon 'Thomas I am writing in support of Verizon, in response to concerns that have been aired about vice President Verizon's decision not to expand Fios to Buffalo. While we understand the desire to see a wide variety of services trade available within the city, we disagree with the Michael Leary suggestion that this decision is somehow discriminatory and based on the Secretary socioeconomic diversity of the city's population. Margaret P. Ring Dvasurer Verizon has a long history of investing in Western New York and in B u ffalo, particularly with their support of programs that address the needs of the underserved. In our case, Verizon was instrumental in our ability to develop our five computer literacy centers. Further, Verizon provided upgraded computers to allow participants in our programs — displaced homemakers and women in transition who are seeking to re -enter the work. force — to keep their computer skills current and meet the needs of an ever-changing job market. Audrey I Czesak Additionally, Verizon has a strong track record as a corporate citizen, supporting Heidi Rapael programs that assist victims of domestic violence, providing scholarships for students in the Buffalo Public Schools, supporting literacy programs, and. providing a range of Patricta Shelly ether types of c ommunity support. Helen Tederoas We understand that at present, Verizon is not expanding Fios services anywhere in the country, and that Buffalo has not been singled out. We also understand that Fios is currently available in Lackawanna, a community which is comparable to Buffalo in terms of its social and economic diversity. It is our experience that Verizon has had a consistent focus on serving the needs of the underserved and, as I noted above, they have invested generously in programs that make a difference in the lives of Buffalo Myrna F. Young have aecadve Director Please feel free to contact me if you have any questions about this. Thank you, 79'7 MAN STUF svrrE m RU"A,LO, NY 14903 M yrna F Your FAX: 715447 -1550 PresidenttCLO www.everywoman.org RECE IVED FILED PETITIONS July 26, 2011 0005) ( L. Reid Jr., Use 413 Jefferson for a Beauty Salon in the First Floor Apartment (Ell)(pub lug 7/28111) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD E .3 w GERALD A. OHWALINSKI City Clerk Registrar of Vital Statistics WILM R OLIV NCIA, JR. Deputy City Clark DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE DOOM 1308 CITY FALL BUFFALO, NEW YORK 14202 PHONE: (716) 851-5431 FAX: (716) $514845 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: To be held in the Council Chamber, 13 Floor, City Hall On: I' at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed F l (Age Owner) .,. Print Name Phone # ti� Date / / / City of Buffalo 65:Nl89ara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report Date 07111/2011 11:06 AM Submitted By Mike Castro Page 1 1 AlP # 169462 g t5ate / Time By gate / Time By Processed 01111/201111:04 CASTM Temp COO Issued COO Final E xpires 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 Footage 0.00 Name " *Common Council approval yr /hearing $ fee required Use of b eauty salon w12 chairs within a latver apartment in a 2 family dwelling. Parent AIP # Project # Project/Phase Name Phase # S ae /Ar ea Size Description P tlSlte,r3�tR;it Address 413 JEFFERSON BUFFALO NY 14204 - Location f i r n€ Contact ID AC80543 Name ERCEL & DOROTHY COOKE Mailing Address 454 VOORHEES Organization Clfy BUFFALO State/Province NY ZIP /PC 14216 Country USA ❑ Foreign Day Phone (716)834 -9528 x Evening Phone Fax Mobile 4 Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC342816 Name LEROY REID Mailing Address 749 AURORA ST Organization City LANCASTER StatelProvince NY ZIPIPC 14086 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04/3012008 To '(^..'��E��� � �- - !'� zY �- d -ry _ ,(^ / I ./ _ '"'_ a .r ��- a? - Y -G „sue_ ✓ - �xs� No Addresses are linked to this Application No Addresses are linked to this Application 1115800001.040000 No Pa €cels are linked to this Application City of Buffalo 66 Niagara Square Buffalo, NY 14202 (716)851.4949 Fax(716)851 -5472 Repor mate 07/11/2011 11:06 AM No Applicant Contacts St bmifted By Mike Castro USE Building Application P 2 Primary Y Fees Failed Capacity Typo Unpaid Effective Inspections Successful Expire Reviews Successful Contact ID OWNER Conditions Successful Name OWNERITENANT Phone Not Checked Fax Address (SEE UNDER APPLICANT) Comments 1 Case # 180293 No Comments 000000 SBU A012792 OWNER OF PROPERTY 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DMI AC12792 OWNER OF PROPERTY 00001 PLU AC355714 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 180293 APPLICATION FEE There are no Inspections for this Report There are no Review Activities for this Report No Activity Review Details No Conditions A 25.00 Total Unpaid 25.00 'total Paid 0.00 There is no planning condition for this project. City of Eluffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851-5472 Report.Date 07/11/2011 11:06 AM Submitted By Mike Castro Page 3 *�-✓ s y r fr y ✓.� y� '� �:- -`"`' r - y--` - y -i ,✓ .l -- >-" a r r`Fi -y Work done by owner Q Zoning Board Residential ❑ Work with out Permit (FINE) Commercial ❑ Multiple Dwelling FLAT FEES Existing Use 2 family New Use 2 family w 2 chair salon Dwelling Units Lost 0 ❑ Electrical Dwelling Units Added 0 ❑ Plumbing Debris 0 Heating Y� 3Sf{} f yid✓ ✓ r' 7 7U ,✓ %YV F / There are no Items in this list ✓ :� P �= r r �` �' �✓ .i 9 ✓ � i✓, - ti. _ -/"✓' 1 � ✓ c -# I i !r° S +7� ✓' ,ir -:�� S -- )`S , =fir "`.. ,' *-., '� r f . .- No Employee Entries _l � �� � ,r - �� -. _ ✓r,� -� � - �y j ,ray -r - � ' i. ,'. -�^ c � - ✓,5 - _- r,- �- e�� { >�r , �. i � r Fr y ?n � rz,,,. :` ✓ s= - ✓ �i' � gip '' t F ���3�f`���# ✓ r ✓ y �l� -: �� ✓ r r "°"� -. .-�"✓ -'� Nt'"` r' ". a - F ` � y _ r j .. s � � c- .r ( r i No Log Entries 00 057 R. Harper, Agent, Use 396 Kenmore-Erect Double-Sided Billboard Sign (University )(pub hrg 7/28/11) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 1� 0 OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics WILMER OL.IV NCIA, JR. Deputy City Clark DIANA RICO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (796)'851 -5431 FAX: (716) 651 -4845 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: 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 a.m. not the ovW or petitioner, I will inform said owner, petitioner or hislher agent ve, Si e e � (A�cnt1(Jwncrj Print Name --M, l Phone `j C.) 3� 1 .Date °I-°° 1 2 , 1 WIN ASIXIM10191 Llljl� W 117 � � / tE To be held in the Council Chamber, 13 Floor, City Fall On: City of Buffalo. 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 Report Date 07/12/2011 12:23 PM . 6 /-0 . I#t • 4 • • Submitted By DAVID GRUNDY Page 1 �A/P # 169525 Cate I Time BY Date ! Time BY Processed 07/12/2011 12:15 GRUND Issued Temp COO COO j Final Expires TY�ffWork ## Plans 0 Declared Valuation 30000.00 Dept of Commerce # Pages 0 F Calculated Valuation 0:00 € Priority Auto Reviews. Bill Group FLAT Actual Valuation 0.00 3 Square Footage 0.00 Name I I € COMMON COUNCIL:APPROVAL REQUIRED SECTION 379-19 FOR FREESTANDING SIGN. PUBLIC HEARING REQUIRED,.FEE REQUIRED. ERECTA DOUBLE -SIDED BILLBOARD SIGN; ONE FACE IS LED OPERATED AS A CEVMS, WITH CHANGES EVERY 8 SECONDS AND A STATIC MESSAGE DURING THE 8 SECONDS. OTHER SIDE IS VINYL. PLANS REQ A j Parent AIP # Project # Project/Phase Name Phase # / Area { Size Description € j Si iz ie � � , ,-F 7{y n E } yp .✓ F F •'�'isp�- C�15��ixl�r�i9v£E / ./ 3J Address 396 KENMORE BUFFALO NY 14216 - Location F Contact ID AC1018592 Name ARJA REALTY LLC Mailing Address CIO DELOITTE & TOUCHE LLP Organization City ' P.O. BOX 811280 State /Province CHICAGO IL ZIPIPC 60681 -1280 Country Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/27/2002 To 05/06/2007 Contact ID AC20796 Name ARJA REALTY LLC Mailing Address CIO FLEMING COMPANIES Organization city P.O. SOX 26647 StatelProvince OKLAHOMA CITY OK ZIPIPC 73126 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/0612007 E Contact ID AC767899 Name ARJA REALTY LLC Bailing Address CIO DELOITTE & TOUCHE LLP Organization city SUITE 1800 StatelProvince OAKBROOK TERRACE IL ZIPIPC 60181 -4632 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 1112412001 To 05/0612007 —. 3 City of Buffafo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Rep ort. Da 0711212011 12:2 PM Submit:fed By DAVID GRUNDY Page 2. Contact ID AC1218236 Name CIO KENMORE JUBILEE ARJA REALTY LLC - Mailing Address Organization city 416 KENMORE AVE StatelProvince BUFFALO NY ZIP /PC 14223 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02122/2006 To 05/06/2007 Contact ID AC272645 Name LLC PLPL DEVELOPMENT Mailing Address 416 KENMORE AVE Organization City BUFFALO State /Province NY ZIPIPC 14223 Country USA Cl Foreign Day Phone Evening Phone Fax Mobile # i Occupant N From To Owner Y From 09/16/2005 To t- $ z No Addresses are linked to this Application No Addresses are linked to this Application. �n� f. y� �r r ? 5 S 3 c 0793700002004100 No Parcels are linked to this Application No Applicant Contacts - �� �' 2, ,�'-- `e. � � r .r �'� a.c,�,��. .sr ��-� ��� r' ,� c ✓ . i-yc t -- " g "" � �� �"� . ��� ��eF� y � f <'�� sc' � Primary Y Capacity Type Effective Expire Contact ID C1137 Name LAMAR ADVERTISING OF PENN INC. Phone (716)852 -5791 x Fax (716)852 -5921 Address 289 EXCHANGE ST Comments BUFFALO, NY 14204 - No Comments 187723 SBU AC1282 RICHARD DVORAK ✓ ��_r�-- .�.���,= �� - -t, .�' -` .'" /'x -'"�` c x sa.,. -- ��� .r �=, s'��< .ter ri ° -� "�i� � �� - - Check Fees Fees Successful Check Inspections Inspections Successful Check Reviews Reviews Failed 554427 PLAN REV - REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax(716)851 -5472 !�! !: 074 - - € Report Date 07/12/2011 12:23 PM Submitted By DAVID CRUNDY Rage 3 BILLBOARD APPLICATION FEE A 50.00 Total Unpaid 50.00 Total Paid 0.00 � T y here aro no Inspectians for this Report � ' � 1 ' r � - GI' � ,' � l •jit�tt:9'� � �,tY - !'� � 14H � -1 r l h 554427 PLAN REV 0 N 0.7112/201 i �I�,�eV14yY tatfs„ � / / Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified DatelTime 0711212011 12:15 Comments No Comments PRIOR APPROVALS 8flo Arts Commission City Survey (can't) Permit OfPce Arts Comm. Approval ❑ Subdivisions E) Asbestos Abatement ❑ Asbestos Survey - ❑ Special events ❑ Common Council Bond /Certified check ❑ Assessment Combination ❑ City Engineering F) Admin OfScelApts R4 First Insurances Check ❑,Public Works approval ) i i d P i tarze Permission/ '❑ -Curb Cuts ❑Beauty Parlor R2 No for portable sign one year E) Encroachment ❑Canopy /Marquee ROW Lease showing Use encroachment ❑ RodengVermin Bait ❑ Oversize Trucking ® Freestanding Sign ❑1 Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility i Demolition Simpl ❑ Street Cuts ❑ e; ❑ Telecommunication ❑ Portable Sign in ROW ❑ Simple Plan Approval City Planning ❑ Restricted Use Permit ZoninglUse Cheek E) Tree over 4" at 4' E) Other ❑ ❑ Citywide Site Plan ❑ Thruway Sign approval Preservation Board ❑ Subdivisions Environmental Review . preservation District ❑ Zoning Variance ❑Urban Renewal ❑ S.E.Q.R.A. ❑ City survey ❑ N.E.P.A. ❑ Contiguous Check ❑ Address Permit Law Office Water Department € ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified DatelTime 07/12/2011 12:16 Comments No Comments City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(71B)851 -5472 111 iji Report late 07/12/2011 12;23 PM Submitted By DAVID GRUNDY Page 4 PLAN REVIEWS Plans Review Required Revisions Required ❑ Simple Plan Review by Permit office ❑ Revisions Required for Simple Plans ❑ One- and Two - Family. Plan Review ❑ Revisions Req'd for 1- and 2- Family ❑ Multiple dwellings Plan Review ❑ Revisions Req'd for Mutt. Dwellings Building Code Review ❑ Revisions Req'd. for Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site ❑ Sewer Code Review ❑ Revisions Required for Sewer Plans ❑ Plumbing Code Review ❑ Revisions Required for Plumbing Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVAC /Meth. ❑ Elevator Code Review ❑ Revisions Required for Elevators ❑ Fire Code Review ❑ Revisions, Required for Fire Bureau No Condilions There is no planning condtion for this project. ON �7 �r� No Records for This Search Criteria f- '. .t ❑ Work Without Permit (FINE) NO. TYPE SIZE TOTAL Sa FT. HEIGHT 1 Billboard 12' BY 25' 300 32 ZONING DISTRICT C2 ❑ Zoning Board of Appeals Common Council Approval BILLBOARCO FLAT FEES There are no Items in this list City Clerk's Department BUFFALO July 29, 2011 • i` Lei a Ull 2 x*3 i Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 58 PASSED July 25, 2011 P. Moran, Agent, Use 299 Parkside for an Outdoor Caf6 (no pub hrg) (Del) Gerald A Chwalinski City Clerk AUG - 8 2011 005 TO THE P. Moran, Agent, Use 299 Parkside for an Outdoor Cafe (Del)(no pub hrg) kMMI YYEI T' N-L,E�SLATION, ING BOARD OF APPEALS PASSED-/ c� ' 'A d G 1 Vj ' . 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. � f f city of Buffalo 65,Magara Square Buffalo, NY 14202 (716)851.4949 Fax (716)851 -5472 Report Date 07/21/201102:31 PM Submifted By DAVID GRUNDY AIP # 169620 Date I Time By Date I Time Processed 07/13/2011 15:12 GRUND Temp COO Issued COO Final Exp ire s ion Valuation Type of Work T # Plans 0 Declared Valuation 0:00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group FLAT Actual Valuation 0.00 Squa Footage 0:00 Name € COMMON COUNCIL APPROVAL RE NO PUBLIC HEARING .NO FEE.. ZONING BOARD APPROVAL REQUIRED, SECTION 511 -28 F(2)(a), FOR COMMERCE NOT W . HOLLY WITHIN A BUILDING I N A C 1 DIISTRICT. CREATE AN OUTDOOR CAFE ON THE CITY RIGHT -OF -WAY TO THE DEFT OF A RESTAURANT. DRA REQUIRED. Parent AM # Project # Project/Phase Name Phase # SizelArea Size Description Address 299 PARKSIDE BUFFALO NY 14214 Location AKA 299 -301 PARKSIDE Contact ID AC1229159 Name INC 299 -301 PARKSIDE AVENUE Mailing Address Organization City PO BOX 647 StatelProvince BUFFALO NY ZIPIPC - 14207 -0647 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC31680 Name INC 299 -301 PARKSIDE AVENUE Mailing Address P.O. BOX 647 Organization % DAVID ZENGER City BUFFALO StatelProvince NY ZIPIPC 14207 -0647 Country USA ❑ Foreign Day Phone (716)871 -5432 x300 Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/2812000 To 05/06/2007 Contact ID AC350126 Name TODD WHITMAN Mailing Address 299 PARKSIDE AVE Organization City BUFFALO StatelProvince NY ZIPIPC 14214 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 08/3012005 To i City of Buffalo 65 Niagara Square BuNaio, NY 14202 (716)851 -4548 Fax(716)851 -5472 #)UTDORCAFE Building Application Report C ate 07/21/201102:31 PM Submitted By DAVID GRUNDY Paget 1= Contact ID AC290064 Name PENNY WYATT Malting Address 301 PARKSIDE AVE City BUFFALO ZIP /PC 14214 Day Phone Fax Occupant N From To Organization State /Arovinoe NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 08/30/2005 TO No Addresses ' f to this Applicatio • Add resses link to this Applicatio � Y . �- gzr 1 },' S� �. �" ��xc' �'sz._ �•` L a `° �� 3�� • �" `S --r. �' s'' y � �.� •�� 2�F� g£ �.�- %"`T,<',���,:� �:�" � ,°,� _ _ � � 0893400004001000 -"� .;_sue 1 Parce are linked to this Applica �,'e. _.$� �-�r� _'S�- ...�� � � = v =- N o Applicant 1 C 3s`��-f.- � »✓N.="�- - ._ �✓.s�S _:- ._�°..,� _- 2s...G� � "._ - ,' -.�<C" _,.�a`�t �. Si�_nS"L'_ 3. � �:?xdcL.: 3t�li'i�� � ?: ,.:�- e�" � ? tS - _.. -?��� _ .�� - �,x:- aa"r��s`z�" �.�.� Primary Y r�- r:F�`.� Capacity Type aFa-;�� � � .�. � �"`� -'•' , -xz ��'":�?i- .s �c�a� - rr.sxµ .� �,�'`°�_��� ` TENANT Effective Expire C ontact } OWNER Ph one 11 Comments No Comments 001111 SBU AC12792 OWNE OF PROP OWNE OF PROPERTY 222222 SPC 10 OWNER AC127 OWNER OF wr 00001 PLU AC365714 OWNER srrrss HIM AC12792 OWNER OF P Check Fees APPLICATION FEE ($'75.00) PERMIT FEE ($50.00) APPLICATION FEE ($25.00) Check Inspections Check Reviews 556002 CC APP COMMON COUNCIL APPROVAL REQ`D Check Conditions MD MULTIDWELLING PROPERTY Check Alert Conditions Check Licenses Check Children Status Fees Failed Paid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Conditions Successful Approved, WAIVED Alert Conditions Successful Not Checked Children Successful QUTDORCAFE Building Application S ub m itted 13y :DAVID GRUNDY Page 3 Check Open Cases 0 Z MD WAIVED GRUND N NOT AN MD. There is no planning condition for this project. No Records for This Search Criteria 071131201115:13 GRUND 071131201115:12 GRUND Business D.B.A. SWEETNESS 7 CAFE Length 15.0 width $• Location of Patio: ❑ Front Left Side Right Side . ❑ Rear Total Area 120.0 sq . fL If There is A Raised Deck Dock Height above grade ft. Does the Patio have its own exiting? (Required)S Yes ❑ 1 step - No handrails required, no guardrails required. Is this required exiting adequate for the patio area 'N Yes ❑ 2 stops or more - Handrails ndrails stairs; Does the patio involve or affect required exiting from the bultdingu Yes required each side no guardrails required until Width of public sidewalks /walkways remaining for pedestrian passagt ft. deck Is 30° or more in height. ❑ Deck 30" or more in height - Type of patio boundaries: Handrails and guardrails required. PLANTER OR POTTED PLANTS Tread width (= Exit Width) in. Number of Tables: 5 Number of Chairs: 20 a.ILy UT t5urrale 65 Niagara Square Buffalo, NY 14292 (716)851 -4849 Fax(716)851 -5472 UUTDORCAFE Building Applic6tic rxepor[ UHXe U1121/201 I n9 -' i Ann 1 5ubmitted.By . DAVID GRUNDY No Lag Entries Mr, Fontana moved: That the Petition dated .July 21, 2011 from the Department of Permit and Inspections Services for the creation of an outdoor cafe on the City right -of -way at 299 Parkside is hereby granted upon the fallowing conditions: 1. It subsequently be approved by the City. Planning Board and any conditions imposed thereon by the City Planning Board shall be abided by and shall attach to the Permit as though imposed by this Common Council. . 2. It subsequently be approved by the City of Buffalo Zoning Board of Appeals, s required under §511 -28 F(2)(a) of the City Code. - Passed- -WA- 5OAc -7 -26a AYE NO FONTANA C GOLOMEBEK LO TO PRIED RIVERA 2l3 ®b� 3/4- 7 no 00059 C. Van Every, Owner, Use 478 Elmwood, Reestablish Non - Conforming Restaurant (Fill)(hrg 7728) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD F THE C G ERALD A. CMWALINSKI 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 HALL BUFFALO, NBN YORK 14202 PHONE: (796) 851 -5431 FAX: (716) 8514845 This is to acknowledge that I have been informed as to the time and place For the public hearing regarding: n IN k' on To be held in the Council Chamber, 13 Floor, City Hall On: o it - 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 abo e. ' a Signed {A gent/Owner) Print Name hone # Day 1 ATTENTION IAIW� hal of MI City.of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4849 Fax(718)851 -5472 Report Date 07/15/2011 12:47 PM Submitted By Mike Castro Page 1 A!P # 165746 s -- Date l Time By Date l Time By Processed 07/15/2011 12:46 CASTM Temp COO Issued COO Final Expires Type of Work #Plans 0 Declared Valuation 0.00 € Dept of Commerce #I Pages 0 Calculated Valuation 0.00 [ Priority Auto Reviews Bill Group Actual Valuation 0.00 � Square Footage 0.00 !dame AKA 480 ELMWOOD escription of Work Plans required * "* ** *Common Council approval required * ** 511 -56 C(1) to reestablish non - conforming use of a restaurant closed more than 1 year in the Elmwood Ave business district.Hearing required -ree required Parent A!P ; Project # ProjectfPhase Name Phase # Size /Area Size Description r Address 478 ELMWOOD BUFFALO NY 14222 - Location Contact W AC1253659 Name MARK L GADEMSKY f Mailing Address 474 ELMWOOD Organization city BUFFALO State /Province NY ZIPIPC 14222 -2081 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 0510612007 Contact ID AC56318 Name MARK L GADEMSKY Mailing Address 474 ELMWOOD AVE Organization city BUFFALO State /Province NY ZIPIPC 14222 -2081 Country USA Q Foreign Day Phone (716)881 -2144 x Evening Phone Fax (716)881 -0711 Mobile# Occupant N From To Owner Y From 06/28/2000 To 05/06/2007 Contact ID AC237648 Name GADEMSKY MARK L Mailing Address 474 ELMWOOD AVE Organization City BUFFALO State /Province NY ZIPIPC 14222 Country USA Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06/30/1982 To City of i�0010 USE Building A 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 i Report Date 07/1512011 12.47 PM Submitt By Mike Castro _. Page 2 py Contact ID AC1149859 Name GADEMSKY,MARK L Mailing Address 474 ELMWOOD AVE Organization city BUFFALO State /Province NY ZIPIPC 14222 -2081 Country USA ❑ Foreign Day Phone (716)881-2144 x Evening phone Fax Mobile 0 (716)868 -4233 Occupant N From TO Owner Y From 06/24/2002 To 05/06/2007 s No Addresses are linked to this Application r 1� No Addresses are linked to this Applicat tt r _ 1004500003016000 No Parcels are linked to this Application No Applicant Contacts sz TAN 0 Primary Y Capacity Type Effe Expire :ContactiD OWNER Name OWNERITENANT Phone Fax Address (SEE UNDER APPLICANT) Comments tenant Chris Van Every 563 -5307 sue- z S F F_ W.st1t� 000000 SBU AC12792 OWNER OF PROPERTY 111111 HCQ AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 00001 PLU AC356714 OWNER 000000 HIM AC12792 OWNER OF PROPERTY ` Sys s a .. x" r - =v- • =-'�.� r a,.r. -, ter - te r - �,,-' ',` ": x _- mmm ERR - Check Fees Fees Failed APPLICATION FEE ($25.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 555315 ELMWOOD ELMWOOD VILLAGE DISTRICT Incomplete Check Conditions Conditions Successful MD MULTI- DWELLING PROPERTY Approved, OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 138538 City of Buffalo 65 Niaga Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 07/15/2011 12A7 PM Submitted B y . . Mike Castro � �.=%" �� �„�. .mss. � � �r`�'� •r��,� :r�- r4` -- "y r -"�� '".° zT � .' � i �- . r r - d... -� �� � � '"� � ._�" � r- sio-7 ?'.,r.� . x�a ' r_x ..: r°w �".� W a ��� ..�... -� - ,..y. s�;..�.� .:_: �'w- ,.:����'�� -✓ x �';:I APPLICATION FEE A 25.00 TOWFUnpaid . . 25:00 Total Pair! 0.00. -= �;-^ -'-:` r--. ..... z., ✓ c .y'y'.� - mr;� --�'- -r' zwr ;.ice='` .`�,.'° �-s�y There are no Inspections for this Report � �ay'�'r - �, r" �...� � ty f/ ..,"/ r� ..s r y. _. X`" '� ✓ � % y 'r ,� �� � "�, �,"' r y "' t � y , -�- < - r a r - � � �, 555315 ELMWOOD 0 N 071151201112:46 _ ,_ ���_ _.,rte �.._ . _ � .....''..�. . / rr.� , z�4_ r'� - _._c y._� - •,` _ � - - ' - - - r No Activity Review Details r . .-_� Cam_- `f r ✓-✓ J: i r -_ r �� ��}���, '^ � < '.,' i ` .�i_�. -�� r r _... qr�r r✓ �. - s- --� r y ,,., _ - � _,� r-r r j/ ' MID OK CASTM 071151201112:45 CASTM 071151201112:45 N v. � ` _ -.� : J )':_ > -- -�, t r , ,.✓ y S� yY r - f y : r � y -.� -'- � ? € d" a . There is no planning condition for this project. No Records for This Search Criteria r S ;�� � �. ��;,.,,.:.� � -__�,. - .,_..,. �, ? -�r - . � _ ._.:.�__ $. � _�.:v. ,,... � � � --�,., K�'�. „.� � _ >S✓i f , x . �.�' x ,r (� Work done by owner Zoning Board ❑ Residential ❑ Work with out Permit (FINE) ® Commercial ❑ Multiple Dwelling FIAT FEES Existing Use New Use Dwelling Units Lost 0 ❑ Electrical Dwelling Units Added 0 ❑ Plumbing ❑ Heating Debris N There are no Items in this list USE Building Application _ Page 3 City of Buffalo USE Building Applicati ®n 65 Niagara Square Buffalo, NY 14202 {716)851 -4949 Fax (716)851-5472 ep�rfi date 07/15/2011 12:A7 PM Submitted By Mike :Castro Page P y M name is Chris Van Every and I am before you today because I am applying for a re --use permit in the Elmwood Business District. Which will allow me to apply for licenses for which to open a sit down /take -out restaurant at 480 Elmwood. Basically we would like to take a location which housed a restaurant bakery five years ago an open a small restaurant there, Now let me tell you a little bit more about what we plan to be and serve there. The name of the business is NoNoo Rmmen. NoNoo Ramen is a noodle bar and restaurant serving Asian mainstays planning on be located in the Elmwood business district of Buffalo, NY. We can loosely be described as a quick- service sit downitake -out restaurant where customers have the option to sit either at the ramen bar, and watch their meals as they are crafted, or at one of our full service dining tables. The food, as well as the show and atmosphere, is our main selling point. NoNoo will hold true to its vision of being a creative concept with a modern feel in order to become a favorite spot for Buffalo natives. Though ramen and ramen restaurants haven't reached the popularity they have attained in Japan, the trend to experience Japanese foods other than sushi is spreading across the U.S.. Popular Japanese menu items such as ramen, okonomiyaki, mapo tofu and grilled fish will be staples of our menu. Offered to you in a unique and comfortable setting. Our chef /owner is a buffalo native. Who was actually born one block away at Sister's and Children's Hospital. I have extensive experience cooking in Buffalo, Hawaii and Manhattan. Most recently I have worked for to Buffalo staples in the food industry, Seabar and Oliver's restaurants. Having a chef owner on premise guaranty's a clean looking business store front and neighborhood. I will take as much pride in my plates as I do in my neighborhood. Below is a picture of the proposed site at 480 Elmwood "��.� r^ yv w �� ,� , ;�° #;' ': City Clerk's Department BUFFALO July 29, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO IQWTIII 6=1 Ihi Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 60 PASSED July 26, 2011 Appoint Associate Auditor(Perm)(Second Step)(O'Donnell) Gerald A Chwalinski City Clerk AUG .w 8 2011 00� Appoint Associate Auditor(Perm) (Second Step)(O'Donnell) Ccp# 7, 7/12 Mrs. Russell mowed That Communication 7 of July 12, 2011, be received and Filed and that the Permanent appointment of Ann Marie O'DonDel, 18 Meadow View Place, Buffalo, NY 14214 at the Second Step of $45,562.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 1� S r * AYE * NO RIVERA RUSSELL S M a i r. 5 213-6 314- 7. July 29, 2411 ♦" i VM S% Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED July 26, 2011 Appoint Chief Pumping Plant Engineer(Fifth Step)(Appenheimer) Gerald A Chwalinski City Clerk P - A ov PR ED U - 8 2011 00061 Appoint Chief Pumping Plant Engineer(Fifth Step).(Appenheimer) Ccp# 21, 7/12 Mrs. Russell moved That Communication 21 of July 12, 2011, be received and Filed and that the Provisional appointment of William Appenleimer, 22 Kail, Buffalo, NY 14207 at the Second Step of $44,009.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service r�_ AYE * NO FONTANA FRANCZYK * GOLOAMEK * IKEARN& LO TO RIVERA RUSSEU Maj 5 rI 28 - 6 314- 7. 0006 f � 3 Notices of Appointments- Temp /Prow /Perm Ccp# 39,7/12 Mrs. Russell moved That the above item be the same and hereby is Received and Piled. ADOPTED Recommended by the Committee on Civil Service t Jf e 00063 } SEAR- Negative Declaration 2137 Seneca (South)(Plan Bd) (42,7/12) Mr. LoCurto moved: That the above item be the same; and hereby is Reeeived and Filed. ADOPTED Recommended b the Committee on Community Development y �' P City Clerk's Department BUFFALO July 29, 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. 64 PASSED July 26, 2011 Report of Sale 945 Seneca-947 Seneca (Fill)(Plan Bd) Gerald A Chwalinski City Clerk APPROVED AUG - 8 2011 Q Report of Sale 945 Seneca — 947 Seneca (Item No. 4, C.C.P., July 12, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer From Mr. Gerhardt Yaskow of Dixon. Enterprises, Inc., located at 312 Summer Street, Buffalo, NY 14222 to purchase 945 and 947 Seneca Street for additional green space in the amount of Five Thousand and Five Hundred Dollars ($5,500.00) is hereby accepted and the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and the Mayor is authorized to execute the same provided that the purchaser pays for the cost of the transfer tax and recording fees. - Passed- Recommended by the Committee on Community Development Chairman xaurmv t: hvp 60km svord\rmv\5 c7 -26 c. doc rj PRIDGEN RIVERA RUSSELL � � � 00065 T. Herrera- Mishler -Peace Bridge Expansion Proj Position Paper ( #20, 11130) Mr. LoCurto moved; That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development tj,4--- 0 0 G T. Herrera- Mishler -Peace Bridge. Proj /Front Park ( #21, 11/30) Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED e b the Committee on Community Development Recommended y ty P 0006 1 7 T. Herrera- Mishler -Peace Bridge Proj /front Park; Section 4(f) Compliance ( #22, 11 /30) Mr. LoCurto moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b the Committee on Community Development Y �' ment P W� ... � -:. _ .� r� :4 City Clerk's Department BUFFALO July 29, 2011 it ` i � .Xc Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 68 PASSED July 26, 2011 D. Kieh eyor, Owner, Use 1200 Hertel for an Outdoor Cafe(Del)(hrg 7119) Gerald A Chwalinski City. Clerk APPROVED AUG - 8 L011 D. Kichmeyor, owner, use 1200 Hertel for an Outdoor Cafe (Item No. S4, C.C.P., July 12, 2011) That the above item be, and the same hereby is returned to the Comma Council with a recommendation for approval Mr. Golombek moved: That the application of D. Kirchmeyor, owner, to use 1200 Hertel Avenue for an outdoor cafe within the City right-of-way in front of an existing sit -down restaurant is hereby approved as specified in the application materials. - Passed- Recommended by the Committee Legislation Chairman TABnnv t:\wp6fl1unswordlrmv19c7- 26c.doc l 1` *A * NO * maj .5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO July 29, 2011 MIN M.� M*W v &A k! I all I 1 M FW 0 M3II a- Ml - -9-0 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED July 26, 2011 B. Baurnker, Agent,. Use I Seymour Knox III for Free Standing Sign (Fill)(No Hrg) Gerald A Chwalinski City Clerk AUG 2011 00069 B. Bauniker, Agent, Use l Seymour Knox. 111 Plaza for Free Standing Sign (Item. No. 55, C.C.P., July 12, 2011) That the above item lie, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Golombek moved; That the application of B. Baurn er, agent, to use 1 Seymour Knox IH Plaza for a free standing sign is approved as presented upon the conditions imposed by the City Planning Board. -Passed- Recommended by the Committee Legislation Chairman: TABrmv tAwp6©lmswor&mvl ] Oc7- 26c.doc sVI �o * AYE *NO* FONTANA LO EK * KEARNS LOCURTO PREDGEN RIVERA RUSSELL s maj , - 5 q ,* o 8- 6 314- 7. City Clerk's Department BUFFALO July 29, 2011 MON 11 Wo Z 11TIM 0 dffi� FUTWITH W M Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 70 PASSED July 26, 2011 D. Vitka, Agent, Use 565 Abbott Rd. Replace Signs (South)(no pub In-g) Gerald A Chwalinski City Clerk APPRO-VED AUG - 8 2071 00070 D. Vitka, Agent, Use 565 Abbott Rd. to Replace Signs (Item No. 57, C.C.P., July 12, 2011) That the above item be, and the satne hereby is returned to the Common Council with a recommendation for approval. Mr. Golorrmbek moved: That the application of D. Vitka, agent, to use 565 Abbott Road to replace various ground or wall signs to the seven story hospital campus is hereby approved as presented. - Passed- Recommended by the Committee Legislations Chairman TASrmv tAwp6©lmswordlrmv1110- 26c.doc � . . AY NO , ' ' . ■ . - 7UNTANA f ® . A FRAN CZYK & a a . . GOLD £K a a w . KEARN& k a a LO TO e ■ , PRIDGEN . . . . RIVERA ■ � RUSSE , ® § ■ �a � , , maj 5 > # & 23 - 6 ® ■ 4 31 4- 7. a. A 0007i y1 _ Notification Serials 10617-1061.8 (Item. No. 9, C.C.P., July 12, 2011) That the above item be, and the sane hereby is returned to the Common Council without a recommendation. Mr. Golombek moved: the NotiffationN-8-eriaJs406l7-106 are Recommended by the Committee Legislation %4 - I- Chairrna4/ TABmiv t Awp60\m&word\rmv\ 12c7- 26c.doe d- Mr. Goiombek moved: That the above item be recommitted to the Committee on Legislation City Clerk's Department BUFFALO July 29, 2011 i kyj YAM161 1 . 1 901 MIN Evil IMM Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 72 PASSED July 26, 2011 Ellicott St. Gateway Project-13flo Nia Campus-Easement Agreement(Ell)(M) Gerald A Chwalinski City Clerk AUG 8 2011 Kod MWE 0007 Ellicott Street Gateway Project -- Bflo Nia Campus - Easement (Item No. 11, C.C.P., July 12, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That the above communication from the Department of Public Works, Parks and Streets dated June 28, 2011, be received and filed; and That the. Common Council hereby adopts and approves the Resolution attached to the above item and further provides that; The Mayor of the City of Buffalo, be and hereby is authorized and directed to enter into and execute on behalf of the City of Buffalo the firm casement agreement, substantially as is attached hereto, subject to the approval as to form of the Corporation Counsel and its content in keeping with the purposes of the Ellicott Street Gateway Project and the intent of the Resolution. -Passed- Recommended by the Committee Legislation Chairm TABrmv t : \wp60ims�vord\rmv\l3c7- 26c.doc 9 IJ * AYE * NO EONTANA FRANCZYK GOLONMEK KEARNS LOCURTO PRIDGEN RIVERA RUSSELL maj 28 - 6 x 3/4- 7 City Clerk's Department BUFFALO July 29, 2011 I ITI 9 1 0 1 10 93 a Nola IMI RM 1 Yi If Pursuant to the provisions of Section 3 -19 of the Curter, I present herewith the attached resolution item. No. 73 PASSED July 26, 2011 Fond Store License 92 Grant (Nia)(EDPI) Gerald A Chwalinski City Clerk AUG 8 2011 i 0007.E Food Store License — 92 Grant St. (Item No. J0 , C.C.P., July.12, 2011) That the. above item be, and the same hereby is retied to the Common Council. without a recommendation. Mr. Golombek moved: That the above communication from the Department of Permits and Inspections dated July 6, 2411, be'received and filed, and Pursuant to Chapter 134 of the City Code, the Office of Licenses, within the Department of Permits and Inspections Services, is hereby authorized to issue a Food Store License to Golden Burma Asia Foods Inc.ISandhar AtNvay at 92 Grant Street. - Passed- Recommended by the Committee Legislation hair n rABrmv tAivP60\mswordlrmvl1 40 -26c. doe 1q-1 AYE NO FNTANA, FRANCZYK GOLD EIS LO TO GEN RIVERA RUSSELL S j.5 213 - 6 3/4- T NON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: City Clerk's Department . BUFFALO July 29, 2011 Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 74 PASSED July 26, 2011 Food Store License (New) 535 Broadway (Ell)(EDPI) Gerald A Chwalinski City Clerk APPROVED UG 8 2011 * AYE *NO* Map- 5 2/3- 6 314- 7. City Clerk's Department BUFFALO July 29, 2011 HON. BYRON W.. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 75 PASSED July 26, 2011. Restaurant Dance Class III - 67 W. Chippewa (New Owner)(Ell)(EDPI) Gerald A Chwalinski City Clerk L", *AYE*O* aj - 5 r 25 - 6 3/4- 7. 0 0' Scrap Processor -- 537 E. Delevan (Item No. 27, C.C.P., July 12, 2011) That the above item be, and the same hereby is returned to the Common Council without a. recommendation. Mr. Golombek moved: That the above communication from the Department of Permits and Inspections dated Jude 30, 2011, be received and filed, and Pursu t to Chapter 254 of the City the Office of Licenses, within the Depa Ame of ermits Ins tions e ices, is eby au ze to issue a S Proeesso Dealer ice e to Buffalo Se Recycling Cen cr, LLC, loca d at East - Passed- Recommended by the Committee Legislation Chairman TABrmv tAwp60\msword\rmv\ 17c7- 26c.doc /W V Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation Soap Processor 537 E. Delevan ? (Item No. 32, C.C.P., July 12, 2011) That the above item be, and the same hereby is. returned to the Common Council without a recommendation. Mr. Golombek moved: That the above communication from the Department of Permits and Inspections dated .Tune 30, 2011, be received and filed; and Pursuant to Chapter 254 of the ity Code, the ffice of Licenses, within the Dcpar a n o Perm` d Inspe ons ervices, he by au ize to i e Wholesal Junk e r Lic se t uffalo ecycling , LLC, to ed at 53 East Dele� an. - Passed- Recommended by the Committee Legislation Chairman TAsrmv tAwp6 0\msword\rmv\ 180 -26c. doc 1 7, I� Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED 00078 M. LoCurto — D. Gordon — Req. Name of New Street for Colvin Estates to be Rachelr Vincent Way (Item No. 47, C.C.P., July 12, 201 l) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombek moved: That. the request by David M. Gordon to naive the new street for the Colvin Estates project Rachel Vincent Way is hereby adopted and the City Clerk is instructed to prepare and file a Notice of Intention for said naming and to schedule a public hearing to be had on said naming. Recommended by the Committee Legislation Chairman TABrmv tA%vp60\mswordVmv\19c7 -260. doc 000-79 Ordinance Amendment — Mobile Food Trucks `?f (Item No. 92, C.C.P., July 12, 2011) That.the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Golombek moved: That the above ordinance amendment be received and filed. 06p Recommended by the Committee Legislation Chairman TAB my t:NwpWmswordlrmvl2 0c7- 26e.doe City Clerk's Department BUFFALO July 29, 2011 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 80 PASSED July 25, 2011 Ord Amend — Taxicabs, Liveries, and Sightseeing Buses AUG - 8 2011 MA Gerald A Chwalinski City Clerk *A *NO FONTANA FRANCZYK GGOLO E KEARNS LOCURTO -- - PRIDGEN , RIVERA RUSSELL -- S aj .5 3- 6 3/4- 7. 0008 f Mandatary Notification of Privately Promoted Parties (Item No. 99, C.C.P., July 12, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for amendment and adoption as amended. Mr. Golombek moved: That the above Resolution be amended to instruct the Corporation Counsel to draft legislation: for the Common Council's consideration that would regulate and license private party promoters promoting events in the City of Buffalo. . - Adopted as Amended- Recommended by the Committee Legislation Chairman TABrmv t:lwp6oVnswordlnnv122c7- 26c.do c �jt . 0008 Lanigan Fieldhouse Renamed as Lanigan Brinson Community Center (item No. 100, C.C.P., July 12, 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 above Resolution requesting that the name of Lanigan Fieldhouse be changed to Lanigan Brinson Community Center is hereby adopted by the Common Council for further publication of a Notice of Intention and conducting a public hearing thereon. - Adopted- Recommended by the Committee Legislation Chairman TABrmv tAwp60kmsword\rmv\23 c7- 26c.doc 3 000 ; �3 Food More — 278 Trenton. ?j (Item No. 27, C.C.P., June 28, 2011) That the above item be, and the same hereby is returned to the Common. Council without a recommendation. Mr. Golombek moved: �60 That the Commissioner of Permits and Inspections Services is hereby authorized to4ssnna Food More License to S & S, Food Mart/ Shaif Musleh Fadhel, for his location at 278 Trenton. Recommended by the Committee Legislation Chairman ry tAwp6Rmsword\rmv124c7- 26c.doc �,, �y� �� �� - L� � • f Q D. Smith --- Request Appointment to the Buffalo Public Schools Advisory Evaluation Board (Item No. 51, C.C.P., July 12, 2011) That the request of Councihnember Demone Smith on behalf of the Education Committee to appoint Janique Curry to the Buffalo Public Schools Advisory Evaluation Committee is hereby adopted by the Common Council. - Adopted- Recommended by the Committee Legislation TABrmv 1Awp60Wsw©rd\rmv\25c7- 26c.doc Chairman yJ RESOLUTIONS .Tiny 26, 2011 RESOLUTION Sponsors: Richard A. Fontana Re: WAIVING FEES ASSOCIATED WITH KAISERTOWN CONCERT IN THE PARK 2011 WHEREAS, The Kaisertown Cultural Revitalization Committee (KCRC) is dedicated to unifying residents of the Kaisertown neighborhood in the City of Buffalo; and WHEREAS, In an effort to achieve a greater: quality of life for the residents of the Lovejoy District by promoting cultural understanding, KCRC has taken the necessary steps to organize and administer a family- oriented concert in Houghton Park; and WHEREAS, KCRC has limited financial means and has approached the Common Council to request that the City waive any and all fees associated with the administration of the event; f l kly That the Common Council does hereby request that the City of Buffalo Dept. of Public Works, Parks & Streets, and any other relevant City Departments, waive all fees associated with this concert event to be held on July 31, 2011; and BE IT FURTHER RESOLVED, That the City Clerk is directed to send certified copies of this resolution to Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Kaisertown Cultural Revitalization Committee, 2005 Clinton Street, Buffalo, NY 14206, Richard A. Fontana Common Council Majority Leader Lovejoy District Council Member By: The Buffalo Common Council RESOLUTION RE: WAIVE ALL CITY FEES ASSOCIATED WITH "NATIONAL NIGHT OUT" - 2411 WHEREAS, The National Night Out, a unique, nationwide crime, drug and violence prevention will take place on August 2, 2011; and WHEREAS, "Tire 28` Annual National Night Out" provides a unique opportunity for Buffalo, NY to join forces with thousands of other communities across the country in promoting cooperative, police .community crime prevention efforts; and WHEREAS, Block Clubs, Law Enforcement and Government through joint crime, drug and violence efforts in Buffalo is supporting "National Night Out 2011" locally; and WHEREAS, It is essential that all residents of Buffalo be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Buffalo; and WHEREAS, Police - Community partnership, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" proogram; and NOW, THEREFORE BE IT RESOLVED, THAT THE COMMON COUNCIL OF THE CITY OF BUFFALO: Does hereby call upon all citizens to participate in the "28' Annual Night Out" on August 2, 2011; and BE IT FARTHER RESOLVED, That the Common Council does hereby proclaim "Tuesday August 2, 2011 as "National Nit Out" in the City of Buffalo and hereby waives all City fees associated with "National Night Out" aeti ies. zc Richard A. Fontana "Pridgen Ellicott District Mac ael P. Kearns South District Bonnie E. Russell University District 41 Michael . LoCurto Aavid A.`F'ra k Delaware District ` Fillmore District Dem8ne A. Smith Masten District %-� Joseph Golombek, Jr. North District ry David A. Rivera Niagara District WHEREAS: For the fifth time since the 1990's a fire has broken out at the Goldman Titanium Company on 105 Dorothy Street; and, WHEREAS: Goldman, a titanium recycling company, has long been a concern of community members living in close proximity to the facility, and, WHEREAS: It seems highly unusual that such a large number of fires have broken out at this facility, most recently in April 2011; and, WHEREAS: It is of paramount importance that the health, safety and welt -being of the people living in the vicinity of Goldman Titanium be protected; and, WHEREAS: The leaders of the Seneca /Babcock and Clinton /Bailey Block Clubs have expressed serious concerns about Goldman Titanium, although the company owner said he would work to address neighborhood issues; and, WHEREAS: There have.also been discussions about Goldman Titanium with the city inspections department; That the Common Council requests that the relevant regulatory agencies investigate the fire at Goldman Titanium as well as assessing its record of safety to determine if it is a threat to the health and welfare of the community; BE IT FINALLY RESOLVED: That the Common Council specifically ask that the Buffalo Fire Department, Inspections Department, Division of licensing, New York State Department of Environmental Conservation, (DEC) the federal Occupational Safety and Health. Administration (OSHA),. Environmental Protection Agency (EPA) and any other relevant agencies respond to the safety concerns at the Goldman Titanium Company at 105 Dorothy Street. CAI AVID A. FRAICZYK �.v ADOPTED A1 11 §d Sk F . I' WHEREAS: For decades Buffalonians have worked hard to reinvent the Lake Erie Waterfront; and, WHEREAS: Many concepts and ideas, some actually coaling to fruition, have been considered or launched on the waterfront; and, WHEREAS: The Great Lakes Experience Institute, comprising the U.S. Fish and Wildlife Service, University of Buffalo, Buffalo State College, Erie Community College, Times Reach Mature Preserve and Stieglitz Synder Architecture, have suggested an exciting, innovative concept for sections of the Outer Harbor; and; WHEREAS: Specifically, the Great Lakes Experience Institute Dopes to create an exciting venue for Ecological Tourism (Eco- Tourism) by replenishing the rich aquatic life that once inhabited Lake Erie in great abundance, but has greatly diminished over the decades; and WHEREAS: To accomplish the above goal, the institute hopes to realize a 350,000 square foot state -of the -art facility at the Outer Harbor that will future a fish hatchery, university and college research center, U.S. Fish and Wildlife Service headquarters, native species greenhouse, interactive biodiversity center, visitor's center, food court and gift shop; and, WHEREAS: A large component of the goal is to restock lake Erie with fish such as Lake Trout, Lake Sturgeon, Walleye and ether fish for recreational and cormrnercial.purposes, as is happening in Canada; and, WHEREAS: The Fish Hatchery in Warren, Pennsylvania, closed recently, ending that source of fish for Lake Erie; and, WHEREAS: The shipping of fish from Pennsylvania and other states resulted in the death of many of the fish, which would not be a problem if there were a hatchery in Buffalo; NOW THEREFORE IT BE IT RESOLVED: That the Common Council supports the plan for the Great Lakes Experience Institute to be located on Outer Harbor land including the former Coast Guard Station (soon to be abandoned), Times Beach and the piece of laird adjacent to the south of Times Beach; BE IT FURTHER RESOLVED: That the Common Council invite comments on the plan from Congressman Brian Higgins, the Erie Canal Harbor Development Corporation; and other entities interested in the well -being of Buffalo's Waterfront. DAVID A. FRANCZYK 8} ADOPTED - , nv ly 00089 By: Mr, Golornbek; Re: Ordinance Amendment Chapter 175, Fees The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: §1751. Enumeration of Fees The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adapted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License Fee Chapter 309 Parks and Other Open Spaces (Last .Amended 4-1- 2003, effective 4 -9 -2003) Non -City Resident § 309- 28,Use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United Status Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. City Resident Non -City Resident ICE SKATING Youths under 18 and seniors [$1.00] 200 $3.00 18 years and over [$2.00] U.00 $3.00 Designated private ice time: Indoor rink: All groups other than developmental league, per hour [$110.00] $135.00 $180.00 Developmental league, (including Explorer League, Tirnon and Canisius High School), per hour [$80.00] 1120M $200.00 ' APPROVED AS TO FORM Asst, Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. 2 Nonresident participating $50.00 with resident or developmental league or high school, per individual /per season Skating lessons, per session $12.00 $20.00 APPROVED AS TO FORM Asst, Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. 2 00 By: Mr. Golombek Re: Ordinance Amendment Chapter 316 — Peddling and Soliciting The Common Council of the City of Buffalo does hereby ordain and amend Chapter 316 of the Buffalo City Code by adding Article IX; "MOBILE FOOD VEHICLE. VENDORS" That Chapter 316 of the Code of the City of Buffalo be amended to read as follows: ARTICLE IX: MOBILE FOOD VEHICLE. VENDORS 3I6a50-- 316 -57 316 -50.1 DEFINITIONS MOBILE FOOD VEHICLE: A commercially manufactured self -- contained motorized mobile food unit in which ready-to-cat food is cooped wrapped, packaged, rocessed or portioned for service sale or distribution. MOBILE FOOD VEHICLE VENDOR: The owner of a mobile food vehicle or the owner's a ent: hereinafter referred to as "vendor." 31651 RESTRICTIONS A. It shall be unlawful for any person to o erate a mobile food vehicle within the City of Buffalo without first having obtained a valid mobile food vending license as prescribed in this Article. B. An Mobile Food Vehicle Vendor operating within the Special Downtown District shall abide by Article VIII of this Chapter within said District and the restrictions enumerated herein shall ap - Dly to all areas outside of said District. C. It shall be unlawful for a Mobile Food Vehicle Vendor to t)ark. stand, or operate in a location which is adjacent to or within one hundred 100' feet of a licensed food establishment the kitchen of which is open for serving food to patrons. This requirement mg be waived if the application is submitted together with the written consent of the proprietor of the adiacent licensed food establishment. D. All Mobile Food Vehicle Vendors must abide by all Parking and Vehicle and Traffic Laws Ordinances Rules and Regulations at all times except that a Mobile hood Vehicle that is of such a length that it occupies all or a portion. of two vehicle parking spaces, mqy park in said spaces so lopg as it abides by all other Parking Restrictions in force and effect at that time. E. It shall be unlawful for an Mobile Food Vehicle Vendor to o crate within five hundred 500' feet of AU fair carnival circus festival special event or civic event that is licensed or sanctioned by the Cit y, except when the vendor has obtained a ermit to so o prate from the City of Buffalo in accordance with Chapter 414 of this Code. fit: 31652 LICENSE RE4UIRED, APPLICA FINN; A. An arson desirin too crate a unobile food vehicle shall make a written a lication for such License to the Depart of Permits and Inspections Services Office of Licenses. The a lication for such license shall be on foams xovided b , the Director of Licenses and shall include the following: 1. Name si nature and address of each a lieant and. each corporate officer of the Mobile Food Vehicle Vendinp- Conooration. 2. A valid copy of all necessar licenses exmits or certificates re aired b the Count of Erie the State of New York ar an subsidiar enforcement agencies or departments thereof, including, but not limited to: a valid New York State Department of Motor Vehicle Registration and Certificate of Ins ection and valid Driver's Licenses of all vehicle o erators. 3. A signed statement that the vendor shall hold harmless the - Citv and its officers and employ . ty and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activit carried on under the terms of the license. Vendor shall furnish and maintain such ublic liabilit food roducts liability. and property insurance as will protect vendor and the Cit y from all claims for darria e to ro eat ox bodil in'ur includin death which ma arise from the o erations under the license or in connection therewith. Such insurance shall provide coverage of not less than one million dollars $1 000 000.00 er occurrence. The olic shall further .p rovide that it ma not be cancelled except upon thirty 30 days written notice served u on the Cit of Buffalo Office of Licenses. A license issued ursuant to the rovisions of this section shall be invalid at any tirrie the insurance re aired herein is not maintained and evidence of continuing coverage is not filed wifh Ci of Buffalo Office of Licenses. 4. All license shall subunit to a Buffalo Police De artment back round cheek into the moral character of the a lieant for convictions related to the ro osed activit that would indicate that he or she is not a suitable licensee. A license a lication ma be xefused b the Director of Licenses if in his or her discretion a rior criminal conviction demonstrates that he or she is not a suitable licensee. 316 -53 FORM AND CONDITI ®N OF LICENSE Every Mobile Food Vehicle Vendin License shall contain the followin conditions: A. Each Mobile Food Vehicle Vending License shall expire on April I SM of every year. B. The license shall not be transferrable to from arson to arson without the written a royal of the Director of Licenses. C. The license is valid for one 1 vehicle only. D. There shall be issued to each vendor a suitable decal that shall be pgmqnentl and p rominently affixed to the vehicle. 316 -54 LICENSE FEE All vendors licensed under this Ch a ter shall pqy an annual license fee of There Hundred and Tweet Five Dollars ($3 316 -55 SUSPENSION AND REVOCATION: A. The owner/operator of any Mobile Food Vehicle licensed by the City of Buffalo shall comply with all rovisions of federal state and local laws and ordinances. B. The owner/operator of qpy Mobile Food Vehicle licensed by the City of Buffalo shall come 1 with all notices orders decisions and rules and re ulations made b the De arttnent of Permit and Inspection Services Buffalo Police Department or any other City of Buffalo Department and/or Agency.. C. Any person firm cor oration or other entity violating the provisions of this chapter may be liable for enalties as rescribed in Chapter 137 Article 1 of this Code and may be subject to immediate closure by the Buffalo Police De artment and /or the Department of Permit and Inspection Services an Administrative Hearipg will be scheduled within sixty O0 da s of said immediate closure. 316 -56 CLOSURE FOR OPERATION WITHOUT A LICENSE Any establishment operating without the required City of Buffalo license shall be immediately closed b order of the Buffalo Police Department or the Department of Permit and Ins ection Services. Every day of operation without a license shall constitute a separate violation.. 316-57 SUNSET PROVISION This Article shall sunset on April 1 2012 meaning that it shall no Ionizer continue to be effective without subsequent action by the Common Council of the Ci of Buffalo to renew amend or modifv the same. APPROVED AS TO FORM Asst. 6rporation Counsel NOTE: Matter underlined is new, REFERRED TO THE COMMITTEE matter in brackets is to be deleted. ON LEGISLATION. By: Mr. Golombek { 4 R Jt ,SUBJECT: Waiver of User Fee Bill .Late Charges Whereas: The City of Buffalo Department of Public Works, Parks and Streets recently changed the way it sends user fee bills to property owners. Since the inception of the user fee, property owners received bills on -a quarterly basis. Last year the City of Buffalo started sending out a yearly bill with four separate payment coupons on the back of the bill; and Whereas: user fee bills mailed to property owners included, for the first tune, four separate coupons which were to be paid quarterly. Many people did not realize this change and only paid their first quarterly bill for the 2010 -2011 fiscal year, and Whereas: The property owners did not receive another bill from the city for fiscal year 20.10 -2011 and therefore did not pay the other three quarterly bills; and Whereas: Some property owners received their 2011 -2012 user fee bill with late charges. Many property owners were not even aware there was a balance due and many are unable to pay late fees; and Whereas: These property owners feel they should not be penalized and that the City could have notified them in a more timely manner and the bills would have been paid before any late fees were accrued; and Whereas: The Buffalo Common Council realizes that failure to pay all late charges in full could lead to a foreclosure proceeding against the property owner; and Whereas: Only late fees associated with the 2010 -2011 user fee bills would be waived. All other late fees and fines not associated with the new bills implemented by the City of Buffalo would remain the responsibility of the property owner; Now, Therefore, Be It Resolved: That this Common Council approves the waiving of the User Fee late charges for past due bills during fiscal year 2010 -2011 that were included in the fiscal year 2011 -2012 bills, which property owners received in July 2011; and. Now, Therefore, Be It Resolved: That copies of this resolution be sent to the Corporation Counsel, Administration, Finance and Urban Affairs, and the Department of Public Works, Parks and streets for their comments. City Clerk's Department BUFFALO July 25, 2011 ♦ 0 ♦.. �Wli Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 92 PASSED July 26, 2011 Increased Appropriation Fund Balance Gerald A Chwalinski City Clerk Mr. Kearns Increased Appropriation Fund Balance Capital Outlay That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Transfer Out to Capital Projects, be and the same are hereby increased in the sum of $1,800,000. That the comptroller be and hereby is authorized and directed to transfer the sum of $1,800,000 from the Reserved Fund Balance Capital Outlay 10700096-397200 to meet this increased appropriation as set forth below: 10700096 - 397200 — Reserved Fund. Capital Outlay Balance $1,$00,000 TVs 17523008- 489130 — Transfer out to Capital Projects $1,800,000 30140090 - 391010 — Transfer from General Fund $1,800,000 To: 34323006 - 445100 — City Court Prisoner Lockup $1,800,000 *AYIE*NO* FRANCZYK GOLOAMEK Mai /3- 6 3/4- 7 00093 W mil Sponsor. Michael P. Kea s Re: PERNUSSION TO HANG A BANNER ON ABBOTF ROAD TO PROMOTE A CELTICCRALLENGE W1 WREAS, The Celtic Challenge, a4-mile road race, is being held. on August 31, 2011 in order to raise fiends for the 2012 Buffalo St. Patrick's Day Parade; and WHEWAS, The race route for The Celtic Challenge will begin and end at Riverfest Park, 200 Ohio Street, Buffalo, NY, and travel past several notable sites in the Old 1st Ward and downtown Buffalo including the Naval & Military Park and the Irish Famine Memorial; and WHEREAS, The United Irish American Associated has requested permission to erect a banner to promote this event, which will hang between street pole # 586 on Abbott Road and street pole 410, which is located at the edge of the Timothy J. Burvid Ice Rink parking lot; and VdW-REAS, This banner will be displayed between the dates of August 1, 2011 and September 5, 2011. That the Common Council of the City of Buffalo grants permission to the United Irish American Associated to hang an informational banner to promote the Celtic Challenge, and That such banner will be displayed on Abbott Road between the dates of August 1, 2011 and September 5, 2011 and hang between street pole #586 on Abbott Road and street pole # 10 near the Timothy J. Burvid Ice Rink parking lot; and That said banner must meet all requirements imposed by pertinent City Departments and violate no existing laves. Michael P. beams South District Common Council Member Resolution Sponsor: Michael J. LoCurto Subject: Waiving fees for "Walk to Defeat ALS" in Delaware Park Whereas: On August 6 2011 the ALS Association is hosting a "Walk to Defeat ALS" in Delaware Park; and Whereas: This charity event hopes to raise money to fight and defeat ALS, commonly known as Lou Gehrig's Disease, which is a degenerative and often paralyzing condition that affects tens of thousands of people in the United States alone; and Whereas: The ALTS Association is renting a stage from the Department of Public Works, Parks, and Streets for use at the fundraiser walk; and Whereas: Due to the charitable nature of the event, the City of Buffalo should support this initiative by waiving the fees associated with renting the stage for the Walk in Delaware Park; and Now, Therefore, Belt Resolved That: The City of Buffalo Common Council hereby supports waiving the fees associated with renting a stage from the Department of Public Works, Parks, and Streets for the "Walk to Defeat ALS" on August 6 2011 in Delaware Park, Buffalo, NY. - 4 -if MICHAEL J. oCURTO Delaware District Councilmember TO: THE COMMON COUNCIL DATE: August 8, 201.1 FROM: THE EXECUTIVE DEPARTMENT SUBJECT: Veto Message Resolution # 95, C.C.P. July 26, 2011 I have reviewed Resolution # 95, C.C.P. July 26, 2011 entitled "Funding for Art and Cultural Organizations," and in accordance with §3-19 of the City Charter, I have vetoed this item and hereby state my objections thereto. It must be first stated that my objection to this resolution in no way signifies an objection to funding of arts and cultural organizations in the City of Buffalo. I am objecting to this resolution because it has misstated the agreement made during the City's last budget process. Although I allocated $100,000 to be used towards additional arts funding, I never agreed to allow my allocation to be combined with the Common Council's allocation. In fact, as the resolution correctly alludes to, the additional $100,000 provided by the Executive branch was allocated to a separate account than the Common Council's allocation. I have no objection as to how the Common Council may choose to expend the $100,000 it allocated. Likewise the expenditure of the additional $100,000 allocation provided by the Executive Branch will be expended for the. arts. Therefore it would be inappropriate for the Common Council to resolve that the Executive furnish a spending contract for $200,000 when the Common Council's allocation was for $100,000. In other words, the Common Council may contract for the expenditure of its $100,000 allocation, and the Executive will contract for the expenditure of its $100,000 allocation. For the foregoing reasons I hereby veto and object to Resolution #95, C.C.P. July 26, 2011 and return same to the City Clerk in accordance with Article 3 of the City Charter. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: r,2 City Clerk's Department BUFFALO July 29, 2011 HON. PYRON W. BROWN MAYOR OF BUFFALO Pursuant to the previsions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 95 Funding for Art and Cultural Organizations PASSED July 26, 2011 Gerald A Chwalinski City Clerk 9 RESOLUTION Sponsor Mr. LoCurto Subject: Fending for Art and Cultural Organizations Whereas: During their 2011 operating and Fiscal period, certain Art and Cultural Organizations that previously received funding from Erie County had their funding cut by the County by a combined total of approximately $200,000; and Whereas: This defunding has severely impacted the ability of these Art and Cultural Organizations to meet even their most basic operational needs, and may affect the number and duality of Art and Cultural venues that our City has to offer its residents and attract visitors; and Whereas: This Council has expressed its desire to provide funding to those Art and Cultural Organizations that were defunded by Erie County, and has provided a funding allocation in the City's 2011 -12 Annual Operating Budget in the amount of $100,000 for this purpose; and Whereas: The Mayor, under the auspices of the Budget Division, has made a similar gesture to the defunded Arts and Cultural Organizations by providing companion funding in the amount of $100,000 in the current City Operating Budget; and Whereas: As a result of this joint effort, the City has made arrangements to provide a combined total of approximately $200,000 to the defunded Art and Cultural Organizations; and Whereas: This Council and the City are in receipt of a communication from the Fund for the Arts ( "The FFA ") who are working closely with the Greater Buffalo Cultural Alliance ( "The GBCA ") and Give 4 Greatness ( "The G4G ") in order to raise and distribute funding to the defunded Art and Cultural organizations, as detailed in their memo to the City which is before this Council as a separate item; and Whereas: This Council now desires to contract with the FFA to serve as a pass - through for dispensing City funding to the organizations identified on Schedule 1, which is attached herewith. Now Therefore Be It Resolved: That this Common Council hereby requests of the Law Department, that they immediately prepare a contract between the City and the Fund for the Arts, whereby the City would agree to provide the sum of $200,000 to the Fund for the Arts, and whereby the Fund for the Arts would agree to, upon their receipt of these funds from the City, disperse these funds to individual Art and Cultural Organizations in the amounts specified in the enclosed Schedule 1 attached herewith; and Be It Further Resolved: That the Mayor furnish and file with the City Clerk, a copy of the executed contract between the City and the Fund for the Arts, and that such funds be transferred by the City to the Fund for the Arts with all possible expediency. MICHAEL LOCURTO Common Council Member - Delaware District PASSED /F_/`_ ! # t '. i" CEPA Gallery $15,200 E l Muse® $1,565 Folkloric Dance $100 Hallwalls _ $16,600 Irish Classical Theatre Co. $24,200 Just Buffalo Literary Center $17,000 Locust St. Neighborhood Art Classes $3,805 New Phoenix Theatre $6,700 Pierce Arrow Museum $700 Road Less Traveled Theatre $645 Squeaky Wheel _ $3,700 Theatre of Youth $16,600 Buffalo & Erie Co. Naval & Mil. Pk. $200 African American Cultural Center $22,400 Buffalo Arts Studio $9,800 Buffalo Inner City Ballet $3,800 Big Orbit Gallery $2,895 BPO Chorus $3,000 Community Music School $390 Kavinoky Theatre $1,200 Ujima Company $5,500 Young Audiences of WNY $600 Neglia Ballet _ $2,600 Botanical Gardens $3,900 TOTAL 200 1 000 CA 4� * AYE * NO FRAN GOLOMBEK KEARN m. LOCURTO PRIDGEN RWERA RUSSELL 2 13- b x 3/4- 7 00006 July 20, 2011 BY= Council Member Darius C. Pridgen RE. Senior Legislative Assistant WHEREAS: I am appointing Vernee Wilkins Shaw, Who resides at 77 Urban Street, Buffalo New York as a Senior Legislative Assistant in my office; and WHEREAS: Mrs. Shaw is a graduate of Buffalo State College, having obtained a Masters in Business Management with a concentration in Economics; and WHEREAS: Mrs. Vernee Wilkins Shaw served in the Buffalo State College Alumni, Citizen Action of New York and is quite capable of filling this position; NOW, THEREFORE, BE IT RESOLVED: That the Common Council appoints Mrs. Vernec Wilkins Shaw to Senior Legislative Assistant for the Ellicott District pending Control Board approval. Darius G. Pridgen €�'. 6b 0 0097 4 RESOLUTION Sponsor: Darius G. Pridgen Subject: Closing of the National Kidney Foundation, Inc., WNY branch Whereas: The mission of the National Kidney Foundation, Inc. is to prevent kidney and urinary tract diseases, improve the-health and wellbeing of individuals and families affected by these diseases, and increase the availability of all organs for transplantation; and Whereas: 1,600 men, women, and children in WNY are currently on live - saving dialysis; and Whereas: 500 men, women, and children in WNY are currently waiting for a kidney transplant; and Whereas: With the closing of the local office for the Buffalo and Rochester region, there is now a lack of a centralized location for education, information, and support; and Whereas: Certain services which are no longer offered to the WNY region with the closing of the National Kidney Foundation, Inc. office include, but are not limited to, the Kidney Early Evaluation Program (which screened thousands of WNYers, identifying them in the early stages of kidney disease); Chronic Kidney Disease classes for people pre - dialysis, teaching them how to protect their kidneys; health fairs to educate the community about prevention, early treatments, and organ donation including living donation; education on dialysis and transplant recipients; professional education to teach family physicians about kidney disease; emergency financial assistance to help pay for medication, transportation; and Adopt -A- Family for the holidays for 50 to 60 patients and their families; and Whereas: There has been no announcement or press release to inform the community of the closing of the WNY office of the National Kidney Foundation; and Whereas: It may be the case that individuals are still seeking this office's services even though it is not in operation; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council announces to the residents of the WNY region that this center, which once offered numerous informational and medical services to individuals and families of those individuals affected with kidney disease, has closed and they should seek aid from other national or local centers dedicated to kidney diseases. J ax;' , C - eAe Darius G. Pridgen Ellicott District Council Member ADOPTED 6� Resolution Sponsor: Darius G. Pridgen Subject: Revitalization of the 500 Block of Main Street Whereas: Main Street is. integral to the growth of the City of Buffalo, as being its major thoroughfare; and Whereas: Years of neglect of the 500 block of Main Street have adversely affected the downtown area insofar as its commercial development; and Whereas: There are businesses that desire growth, but because of the non - attended and unoccupied buildings it is not considered a business friendly environment; and Whereas: Current responsible and active building owners have complained of "absentee owners" in the 500 block of Main St.; and Whereas: The City of Buffalo Common Council is concerned and desires Main. St. to grow and become a place of thriving business, entertainment and safe for its residents; Whereas: The City of Buffalo Common Council will implement an initial three -prong focus plan to set in motion efforts to revitalize the 500 block of Main St.; Now, Therefore, Be It 1. Resolved that the Department of Permits & Inspections Services provide a list of all current businesses in the 500 block of Main street; and it is further 11. Resolved that Department of Real Estate. provide a list of all building owners in the 500 block of Main St. ; and it is further III. Resolved that the Department of Permit & Inspection provide a list of current building code violations on all properties in the 500 block of Main St. permits that have been pulled for all the buildings in the 500 block. that are still open and active; and it is further IV. Resolved that the Department of Permit & Inspection provide a list of current permits for construction and other permitted work currently being done by building owners in the 500 block of Main St. ; and it is further V. Resolved that The City of Buffalo Common Council request the appearance of all building owners in the 500 block of Main street who have unoccupied buildings at a time and date decided by this Council ; and it is finally VI. Resolved that aggressive building code enforcement should be conducted in the 500 block of Main Street. MOM RESQLUTI ®N Sponsor: Darius G. Pridgen Subject: Swimming in unauthorized areas WHEREAS: The city of Buffalo has been experiencing unusually high temperatures during the summer; and WHEREAS: The city provides numerous areas where residents can cool off including cooling centers, pools and splash pads; and WHEREAS: The city of Buffalo and surrounding areas have lost several people in 2 011 as a result of drowning in unauthorized swimming areas; and WHEREAS: The city of Buffalo has posted signage discouraging swimming in many areas that unauthorized for swimming; and WHEREAS: Even after the tragic loss of several drowning victims, residents continue to swim in unauthorized waters; and WHEREAS: The safety of residents and visitors is of the utmost importance to The City of Buffalo Common Council, NOW, THEREFORE, BE IT RESOLVED: That the Buffalo Common Council requests that residents be publically reminded of the dangers of swimming in unauthorized areas through a press release, City of Buffalo website alert message and any other means available to remind residents of the dangers of swimming in unauthorized areas. 00 mmmn By Mr. Rivera° Rc: Appointment Whereas: Seam Mulligan is a resident of the City of Buffalo at 68 Brinton Street, graduate of the University at Buffalo law school, and a qualified applicant; and Whereas: the position of Legislative Aide 11 in the Niagara District Office wi.11 be vacant August 1, 2011. Now, therefore, be it resolved: Sean. Mulligan be appointed Assistant Legislative Aide 11 to the Niagara District Office effective August 1, 2011, pending Control Board Approval. ° yam Davi A. Rivera Niagara District Councilmember 6� * AYIE * NO * 'O'A FRANCZYK GOLOMMEK LO ITO PRIEDGEN RWERA RUSSELL maj 5 2/3- 6 3/4- 7 City Clerk's Department BUFFALO July 26, 2011 • '• M Me kyl e" DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 101 PASSED July 26, 2011 Salary Ordinance Amendment Common Council Councilmembers # 2 and 3 Gerald A Chwalinski City Clerk i� p . BY: Ms. RUSSELL BUDGET AND PERSONNEL AMENDMENT = j 01 ® COMMON COUNCIL 1002 — LEGISLATIVE 1003 -1004 — COUN MEM BERS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01- Common Council 1002 - Legislative, 1003:1004 Council members, which currently reads: 1010.3001- Councilmember 2 1 Legislative Assistant $ 41,163.00 10104001 -- Councilmember 3 1 Assistant Legislative Aide $ 27,018.00 Is hereby amended to read: 10103001- Councilmember 2 0 Legislative Assistant $ 41,163.00 1 Senior Legislative Assistant $ 46,083.00 10104001 -.. Councilmember 3 0 Assistant Legislative Aide $ 27,018.00 1 Assistant Legislative Aide II $ 31,397.00 FROM: 10102001 - 411002 LEGISLATIVE - SALARY $ 8,524.00 TO: 10103001 - 411001 COUNCILMEMBER 2 -SALARY $ 4,510.00 TO: 10104001 - 411001 COUNCILMBMBER 3 -SALARY $ 4,014.00 GERALD CHWALINSKI, CITY CLERK, DARBY FISHKIN, DEPUTY COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. GERALD Cl- IWALINSKI CITY CLERK APPROVED AS TO FORM � J Corporation Counsel Counsel 0711 12011 -' DARBY FISHKIN DEPUTY COMMISSIONER ulk; , N a — r O NA J. ESTRICH UDIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE Go RUSSELL * � * * aj 213® 6 314- 7 * .AYE x NO * FONTA FRAN x GOLOMBE LO TO PRED * * x RIVERA x RUSSELL * � * * aj 213® 6 314- 7 0002 1 LI Sponsor: Bonnie Fa Russell Subject: Waiver of Band Shell Rental Fees for Rounds Avenue Association, Inc. WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, Rounds Avenue Association, Inc. is seeking the use of a Band Shell on July 30, 2011 as part of its "2011 Bring Back The Pride," community event that is being held at the University of Buffalo South Campus Rotary Field to highlight the positive activities and services that are available to the University District neighborhoods; and WHEREAS, Rounds Avenue Association, Inc. has contacted the Common Council and requested that the fee charged for use of this Band Shell he waived. That the Common Council of the City of Buffalo asks the Department of Public Works to waive Rounds Avenue Association, Inc.'s fee for use of a Band Shell for their July 30, 2011 "Bring Back The Pride" event; and That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, larks & Streets. Bonnie E. Russell South District Council Member ADOPTED bi r :� By: Mr. Smith Re: Appointment Whereas: Tashares Burke has served as an Assistant. Legislative Aide n the Masten District Common Council Office; and Whereas: Tashares has shown that she is committed to the overall progression of the Masten District and its constituents. Now, 'therefore, Be It Resolved: Tashares Burk& be appointed Assistant Legislative Aide II to the Masten District office, effective July 21, 2011 pending Coryffol Board Approval, lmone Smith` Masten District Councilmember ADOP �i)l 00104 By: Mr. Smith Re: Appointment Whereas: Todd McAlister has served as an Intern and a Legislative Assistant in the Masten District Common Council Office; and Whereas: Todd has shown that he is committed to the overall progression of the Masten District and its constituents; and Whereas: Todd graduated from Canisius College with a Bachelor of Science degree and a Master of Science degree. Now, Therefore, Be It Resolved: Todd McAlister be appointed to Senior Legislative Assistant to the Masten District office, effective July 21, 2011 pending Contol Board Approval. done Smith Masten District Councilmember } f 00 05 RESOLUTION Sponsor: Demone A. Smith Subject Charging of Foreclosure Fees In Excess of Amounts Owed Whereas: Each year, thousands of homeowners fall behind in their payment of City. of Buffalo, Buffalo Sewer Authority and City of Buffalo Water Board taxes, rents, fees and charges; and Whereas: Homeowners who are delinquent in their payments will find themselves in receipt of a letter from the Dept. of Assessment & Taxation notifying them that the City will be commencing the process of adding their property to the City's List of Delinquent Taxes, Sewer Rent, User Fee and Water /Sewer Charge Liens, which is commonly referred to as the "In Rem" list, if they do not pay the amounts owed by a specified date; and Whereas: If the property owner fails to pay the amounts owed by this date, the City adds the property to the In Rem list which is filed with the Erie County Clerk's Office, commences a title search, and publishes the name of the property owner, the property address and a legal description of the property in the newspaper; and Whereas: When this occurs, the City requires the property owner to pay a foreclosure fee, which in 2010 was approximately $450, in addition to any amounts owed and any late charges, before their property will. be removed from the In Rem list; and Whereas: Property owners who fall behind on their bills and are making an effort to pay back the amounts which they owe typically view this foreclosure fee as punitive, unfair, and a way of making it harder for poor people to hold onto their homes; and Whereas: This is especially true in situations where the amount of the foreclosure fee exceeds the amount which the property owner originally owed; and Whereas: When property owners are unable to pay this foreclosure fee as well as all arrearages and penalties, their homes are often sold at auction, thereby creating an opportunity for property speculators to purchase and "flip" the home for a quick profit or maximize rental income from the home by making as few repairs as possible to the property; and Whereas: Promoting owner - occupancy contributes to neighborhood stabilization and the City should be making every effort possible to keep people in their homes rather than putting financial obstacles in their path when they find themselves in situations of financial duress. Now, Therefore, Be It Resolved: That the Common Council requests of the Department of Assessment & Taxation that they provide an explanation of how the Foreclosure Fee is calculated, what if any costs to the Department or City that the Foreclosure Fee is supposed to cover, and whether the Foreclosure Fee is "revenue neutral," by filing the same in writing with the City Clerk for review by this Honorable Body; and V 9� fi Be It Further Resolved: That the Common Council requests of the Department of Law that they provide an opinion on whether it would be possible, and if so what steps would need to be taken, in order to waive the foreclosure fee in situations where the amount of this fee is equal to, or exceeds, the amount owed by the property owner inclusive of late charges, by filing the same in writing with the City Clem for review by this Honorable Body. REFFRRED TO THE COMM M E ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL Masten District Council Member mom RESOLUTION By: Demone A Smith .Subject: Trailblazing Sign in honor of Rev. Carnell Robertson Whereas, Trailblazing Signs, otherwise known as honorary street navies, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas, The Council has received a request for a Trailblazing Sign to honor Rev. Carnell Robertson; and Whereas, Due to his kind heart, caring nature and community activism, Rev. Carnell Robertson was affectionately known as "Mr. C." He enlisted in the National Guard where he became a Sergeant and received an honorable discharge for twenty years of service. Rev. Carnell Robertson worked at Freezer Queen then later retired from the company and also became a Prince Hall Mason at the St. John Lodge #16 in Buffalo, New York. Rev. Carnell Robertson was ordained as an Elder of the First Jurisdiction Church of God in Christ and was an active member from Prayer Tower Church of God in Christ on Kensington Street in the City of Buffalo; and Whereas, Rev. Carnell Robertson helped create the nonviolent organization known as F.A.T.H.E.R.S. (Fathers Armed Together to Educate, Restore and Save lives). The group was formed in response to. a shooting incident in September 2000 at the Early Childhood Center School #61 where his grandchildren attended. The mission of the group was and continues to be to advocate for peace and accountability for and among all members of the Western New York community. Through Rev. Carnell Robertson's spiritual guidance as a Chaplin and as one of the board members of F.A.T.H.E.R.S., he has helped thousands of children through numerous activities including the distribution of back -to- school supplies, having toy gun exchanges, having Christmas giveaways and his continued support and protection of the community's most vulnerable assets; and Whereas: Rev. Carnell Robertson, who passed away on July 12, 2011, is truly at peace and is with the Heavenly Father. "Mr. C.," as he was known by many, was and continues to be an inspiration to countless others for his tenacity and commitment to enhancing the quality of life in his community it was his earnest desire that his legacy would be to have others continue to "pay it forward" to future generations. Whereas, An honorary sign is desired to commemorate Rev. Carnell Robertson as a noteworthy person at the intersection of Leroy Ave. and one of the following streets in the Masten District: Kensington Ave., Grider St. or Manhattan Ave.; and Whereas, A Trailblazing Sign in this area of Leroy Ave. would be an appropriate honor for Rev. Carnell Robertson in recognition of his lifetime of service to his community and culturally significant connection to nearby School #61. Nov, Therefore, Be It Resolved, That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signage to declare the section of Leroy Ave. near School # 61 in the Masten District to be known as "REV. CARNELL ROBERTSON WAY" with appropriate signage to be installed facing Leroy Ave. at one of the following intersections: Leroy Ave. and Kensington Ave., Leroy Ave. and Grider St., or Leroy Ave. and Manhattan Ave.; and Demone A. Smith Masten District Council Member mom Sponsor: Demone A Smith Subject: Waiver of Park Rental Fees for Saint Phillips Episcopal Church WHEREAS, Chapter 175 of the Code of the City of Buffalo establishers a schedule of fees that are to be charged with respect to licenses, permits and activates required or regulated under the provisions of various chapters of the Code: and WHEREAS, Saint Phillips Episcopal Church is seeking the use of Martin Luther King Jr. Park on July 24, 2011 as part of their 150 Anniversary. That the Common Council of the City of Buffalo waives the Park fee for Saint Phillips Episcopal Church for Martin Luther King Jr. Park on July 24, 2011, for its 150' Anniversary Celebration. FEW IIIIIINNIMANO NTIA? That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Paris & Streets. Dent ®ne A Smith Masten District Council Member oorl 00108 RESOLUTION Sponsor: Demone A. Smith Subject: Waiver of Park Rental Fees WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activates required or regulated under the provisions of various chapters of the code: and WHEREAS, The Fine Grill Reunion will be held on August 7th and 14; and WHERAS, The Masten District Unity Day will be held on August 28' and WHEREAS, Both are free community oriented events that celebrate the city's cultural fabric. That the Common Council of the City of Buffalo waives the Park fee for the Pine Grill Reunion, Taking It To The Streets, and the Masten District Unity Day. BE IT FURTHER RESOLVED That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. Demone A. Smith Masten District Council Member ADOPTED o 01009 V -0 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 Edward Williams By Councilmember Demone A. Smith & Darius G. Pridgen 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 ADOPTED Reverend Will J. gown Demone A. Smith July 25, 2011 INMEMORLIM Reverend Will Brown ell If liereas: On July 13, 201 I, Almighty God, in His infinite wisdom, has removed from our midst Tice Reverend Will I Brown in whose death we have lost a sincere and loyal . citizen; his community, a valued and respected fi•rend• his church, an esteemed leader, and his family, a kind and devoted.mernber -and Whereas: Reverend Will J. Brown, born on October 2, 1936, was ti naive of Laurel, :Mississippi. He was very active in the Civil .Rights Movement,:: working primarily with the Non- Violent Gaor dinating Committee ( "SNCC'). As the organizer of the fist sit-in W Woolworth's in Laurel was;;prorninent in the founding of the Child Development Group of Mississippi under which the first heaastart program in. the. Mate -of rtilississippi. was organized; and Whereas: Reverend Will J. Brown relocated to Buffalo, New York in the late . $ ies. to accept W.ep rplqyinent as community organizer at Friendship' House, he eventually became Director of 'the BUILD Orgtrntzatton. In 1970, Reverend Brown began ertiplq ment at the -University of Buffalo as Director of Minority Fgeully and Staff Recruitment, retiring in 1988 : after serving eight years . as Director of the Educational 'Opporticnzfy CenBer, He has served as Chaplazn. of the Aden Correctional Facility and volunteered in.,.that capacity of er finding was rliscontinued, and Whereas: in 1980, Reverend Will :J. Brown became the Undershepherd of the New Covenant mimed Church of Christ. Serving as a faithful servant for'29 years, he provided spiritual leadership; through liturgical tilzd celebratory events as well as growth groups and ministries of the church. He was most proud of theYearly confi )hatimi classes that provided Christian` Edueation and spiritual insight to youth and . the.. Barbara Brown Dan picker Scholarship Fund that assisted;lrigh sehaol graduates with ensuing college expenses. Under his leadership14 , 7 ew C?enart United Church of Chri#fias sponsored a food flank for•.. the past 20 years and strongly supported missionary activities both locally and around the }world; and Whereas: .reverend Will J. Brown's educational .accomplishments include Musters degrees in Wr rk and Education Administration, completion of Doctoral coursework at the University of Buffa to, .arid art honorary Doctorate of Divinity. 'Reverend Will J. Brown has been a> member of numerous'boardis and organizations and has received numerous . ovards throughout his career including the .Buffalo News °Citizen. 4. the i' ar yard. Reverend Brown was honored for his persistent and compassionate leadership dur ing the '22 caliber killings which for many months terrorized the City of Buffalo; and . Whereas: Reverend Will J Brown leaves to cherish his memory: his wee, .'ihe Reverend Jacquelyn Ross Brown; six sons; three hrothers; eight grandchildren; 1 grandchildren;- six great- grandchildren; and a host of other family and friends who will miss hint deeply. Now, Therefore Be It Resolved: That this Common Council of the City of Buffalo mourns the passing of our worthy and belovedfriend, REVEREND WILL I BROWN and extends this expression of heartfelt sympathy to his family and community in this, their mime of bereavement , Demone A. Smith Gerald C wulinski Masten Distract Council Member City Cleric (9itu of Tsurato Tomman (Ionurd On Tuesday, July 12, 201.1, the following resolution was adopted by the City of Buffalo Common Council, sponsored by Masten District Council Member Demone A. Smith and Ellicott District Council Member Darius G. Pridgen: WHEREAS; Edward Williams, a resident of Kingsley Place in the City of Buffalo, was born on November 10, 1928 in Monticello, Fl and left school in the 9 grade to help his financially struggling family. Ed and a filiend eventually decided to seek their fortunes in California but fate lead them to the East Coast instead. They lived hand to mouth and traveled from town to town with brief stops in Connecticut, New York City and Boston, with the dream of traveling Route 20 all the way across the country to the West Coast; and WHEREAS: Edward Williams and his friend arrived in.Buffalo, NY on May S, 1958. Having run out of gas and money and not knowing anyone in Buffalo, they slept i . their car and showered at a v�jashliause. on William St until Ed met a Good Samaritan in a bar who provided him with lodging. When hs carne into, some woney ld paid the man and his family back and decided to stay in Buffalo because he:'was so impressed by.:the carrng.atd generosity o the he met. WHEREAS: Edward perform day jobs on to Rubber Company on earned a reputation for WHEREAS: E Zion Baptist Church Elders Mothers and throughout his life : b of the Stop the Viol WHEREAS: E High. He later enro and General Educati Ed was thankful for WHEREAS: Altloug people lie met here, many' NOW, THEREFORE, That the City of Buffalo C of Edward Wjjliams, and work until his retirement is icated; and IT ninon `Corrncil pauses in its...e troris tc? recognize the un vacrer ate. He went onto ion at the Foam working years, Ed ized in New nber of the of trouble, and original member ng Council; and :s at Bennett .c Education rger students, of school; and the duality of the rig nature; and ttg commitment and dedication Education and General certificates. Denrone A. Smith Masten District Council Member Darius G. Pr.idgen Ellicott District Council Member r. BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo 0 Sara Brown ® Tracy A. Catani Diana Cottone * Christine Graef s David M. Hapka ® Denise M. Lorrens 0 Jill M. Rodriguez a Korinne R. Sullivan 0 Mary J. Wasch 0 Camille Williams TOTAL 10 01_ ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Thursday, July 28, 2011 at 9:45 o'clock A.M. Thursday, July 28, 2011 at 10:00 o'clock A.M. Thursday, July 28, 2011 at 1:00 o'clock P.M. Thursday, July 28, 2011 at 2:00 o'clock P.M. Public Disclai All meetin s are subject to ehan e and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition there ma be meetings set up whereby the City Clerk's Office is not made aware• therefore unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. I'M Adjournment On a motion by Mr. Fontana, Seconded by Mrs s, the Council adjourned at GERALD A. CHWALINSKI CITY CLERK July 26, 2011