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1 `:ORPC- -'.TIC'I T PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, May 1, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell & Smith - 8 Absent - None On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on April 17, 2012 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SMITH [ ------------- ] [ MAJ - S ] [2/3 - 6] [314- 7] *AYES* NO * * * * * * * * * * * * * * * * * * * * * * * * * * * May 1, 2012 0 FROM THE MAYOR May 1, 2012 00 0i SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 30, 2012 FROM: DEPARTMENT: SUBJECT: 03 -0 Mayor [: Appointment - [: Buffalo Municipal Housing Authority Board of Commissioners PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) Pursuant to New York State Public Housing Law § 30, 34 and 404, 1 hereby appoint Donna Brown, 34 Beverly Road, Buffalo, New York, 14208 to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately and expiring October 19, 2012. I hereby certify that Donna Brown is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners and seek your confirmation of this appointment pursuant to Section 404 of the New York State Public Housing Law. I respectfully request that Your Honorable Body approve this appointment at your earliest opportunity. SIGNATURE 6� DEPARTMENT H TITLE : By n W .Brown, Mayor A.YE * NO * FONTANA FRANCZ LoAlm * LOMTO * ARID * * RUSSELL sNnH f� CITY OF BUFFALO -Fiscal Year 2012 -201 3 Budget Overview Nam grog It i A Message from Mayor Byron W. Brown With the goal of securing Buffalo's future, I am pleased to present my recommended Budget for the City of Buffalo's 2012 -2013 fiscal year that totals $482,621,621. This budget reflects the challenges facing municipalities across the states 15% increase in gasoline prices, as well as a 21 % increase in employee pension costs, and a 15.8% increase in overall fringe benefit costs. Nonetheless, this spending plan stays true to my continued commitment to prudent and conservative budgeting, at a time when Buffalo is reaping increased rewards from the marketplace for its sound fiscal management Since 2006, my administration has focused on the combined practices of reducing spending, promoting economic development and improving our city's quality of life. just last month, Moody's, one of the 'Big Three national credit rating agencies, upgraded the city's bond rating to 'A I', the highest in Buffalo's history. One week later, the city sold three bonds at the lowest interest rates in our City's history. This good news for taxpayers reflects our city's strong financial position which will enable us to save money on investments that improve the quality of life in Buffalo. As a result of Buffalo's positive fiscal environment, potential investors from across the country are taking a serious look at our City, where over $750,000,000 in construction is currently underway in the downtown corridor. Adding to the excitement is Governor Andrew Cuomo's recent billion dollar pledge to lure additional private sector investment to Buffalo. The upcoming budget builds on this momentum by cutting the commercial property tax rate by 8.5%,(nearly 25% since 2006) in an effort to draw new business activity, and new jobs to Buffalo. City homeowners, as well as businesses, will benefit from my continued commitment to reduce the property tax burden on city residents by honoring my 3 year pledge to freeze property taxes. Since 2006, we've cut residents' property taxes by 15 %, while investing in the services that keep our city competitive for investment, safer for our residents and fiscally responsible. Neighborhoods and business districts will also be bolstered with new investments in parks and playgrounds, a neighborhood and business district crime prevention and beautification program and funding for Coca -Cola Field, the Buffalo Zoo, and Kleinhans Music Hall. As Mayor of Buffalo, I am pleased to present a budget that recognizes the difficult economic challenges, while at the same time, continuing to improve the quality of life, making Buffalo an attractive place to live, work, and invest. Fiscal Year .2012 -2013 Budget Highlights Total Budget: $482,621,621. Financial Challenges: Deep national recession and slow economic recovery, New York State fiscal crisis, a 15% increase in fuel, a 21 %increase in Albany driven employee pension costs, and a 15.8% rise in fringe benefit costs. Major Initiatives $42.90 $3900 $36.00 $33.00 $30.00 The Brown Administration Continuesto Make Progress Toward Relieving the Property Tax Burden $37.41 $36.98 32.76 $32.76 $32.66 $32.66 $31.65 28.96 • Improving the Quality of Life: A new $250,000 Neighborhood $27.00 and Business District Crime Prevention and Beautification Program . $24.00 and funding to hire a new police class of 34 officers and 43 $26.95 $26.75 firefighters $7.2.00 $ 7s $1s.s3 $18.45 $17.95 $27.95 $17.95 • Keeping Buffalo Competitive: Cut city commercial property tax $is.0o by 8.5 %, while freezing residential property tax bills for the second year of a 3 -year pledge $'s 0 ° 7.005.06 zaor -oz 200748 7.005.00 zoos -w 7.010 -11 zuii•xz zuu -7.3 • Green Friendly Buffalo: Funding for two environmentally friendly Re9€de0uai F2x s ate �omm €ai Tax Rabe sidewalk sweepers that allow speedy clean -up of litter, adds a new city forester to strengthen Buffalo's urban forest, funds a sizeable investment in city parks, and an expanded recycling program • Cultural Support: Provides funding for Coca -Cola Field, Buffalo Zoo, Buffalo Place, Buffalo Niagara Film Commission, Kleinhans Music Hall, and funds new improvements to the Broadway Market . • Investment in Youth: Includes a second year of a 3 year $167,000 annual, $500,000 total commitment to the Say Yes to Education program, and increases funding for the Mayor's Youth Employment Program to add 50 new jobs. Mayor Byron W. Brown's Budget Message Page 2 Fiscal Integrity Budget Overview The 2012 -13 budget is $482,621,621, primarily as a result of rising fuel prices and employee benefit costs. Offsetting this increase, are continued efficiency measures designed to improve the quality of city services, while reducing costs. Wall Street's Confidence in Buffalo Continues to Rise Mayor Brown's continued sound financial management practices have caught Wall Street's attention with steady increases in Buffalo's credit rating, culminating in the award of "A" ratings this.yeae across the board by the nation's largest credit rating agencies, the highest in Buffalo's history. Wall Street's confidence in Buffalo has also resulted in the city's lowest interest rates on city debt, saving the city approximately $1.6 million in 2012. Where It Comes From Revenues for the Recommended Budget 2012 -13 (in Millions) YYh41" ft Gees EWen forthe � sudliet 312 -13 (tnlltlflaes) A = <A+ 2011 "A2 A A+ 2009 Baal A- NA J k, 2007 Baa3 BBB- NA 2006' 2005 Baal BBB- NA 2Q04` Baa3 2003 Baa3 BBB- NA Where It Comes From Revenues for the Recommended Budget 2012 -13 (in Millions) YYh41" ft Gees EWen forthe � sudliet 312 -13 (tnlltlflaes) Sound Fiscal Management Practices With rising costs beyond the city's control, in particular fuel and pensions, the city must continue to implement strict fiscal controls and management practices. A project is underway for the city to sell and put to market use un- needed buildings and other assets and to identify efficiency measures within all city buildings to reduce energy costs and better manage maintenance and improvements. The city will strictly monitor fuel consumption with the implementation of a new "fuel master system" designed to track fuel and maintenance needs to reduce cost. Fuel Prices Continue to Rise Pension Costs Grow at Double Digit Rates $4.00 r.... a.ti— r_rn. h „a 7cAC �i— 7nn7 lin Millions) $3.50 $3.00 $250 $2.00 $150 $1,00 $050 100% 80'% 60% 40% 20% 0% d0% -40% .60% -g0% Measures of Fiscal Success $50 $45 $40 d $35 $30 $25 $20 $15 $10 m ° $5 the city has established a "Rainy Day Fund," Totaling $35 million, this insulates the.city from future year 2udget deficits by setting aside funding for unanticipated expenses, or "A Rainy Day." Nith a self - imposed debt limit policy, general city debt continues to shrink from over $400 million in 2002 :o under $300 million today. General City Debt Continuesto Decline $450 $400 $350 $300 $25n $200 $150 $109 $50 o City * School 60% 40% w 20% 7 4 G Managing Expenditures 2007 2008 2009 2010 - 2011 2012 2013 EmAverage Cost of Fuel - FAnnual96Growth Projected 2007 -08 2008-09 2009 -10 2010.11 2011 -12 2012 -13 Pension Annual %Growth ryA ti� Mayor Byron W. Brown's Budget Message Page 4 Quality of Life Improvements Safer Streets Growing strong communities starts with safety, because in any city, nothing can work if people don't feel safe. Mayor Brown and the Buffalo Police Department have made dramatic progress in reducing many categories of crime. This past year overall crime dropped by 4 16% since 2006. Buffalo's homicide rate for 2011 dropped to its lowest level in more than a decade, down by almost 40 %. This budget provides funding for a new police class of 34 officers, increasing Buffalo's total uniformed police force to 802. This budget continues to fund the resources needed to address and eliminate areas of high crime, illegal guns, gang activity and drug trafficking throughout Buffalo via 'park and walk patrols', the highly effective citywide camera surveillance program, a police public housing detail, and the creation of a new "strike force detail" for the summer to focus on neighborhood issues. The steady decline in arson fires continues, down 40% since 2006. This budget also includes funding for a new firefighter class of 43 firefighters, increasing the Buffalo Fire Department to 719. Neighborhood & Business District Beautification Reducing crime and beautifying neighborhoods and commercial areas keep communities safe and livable. This budget adds $250,000 for a new Neighborhood and Business District Crime Prevention and Beautification Program to improve the quality of life for all city residents. The program will provide funding for the implementation of innovative projects that will provide measurable visual and physical improvements to a neighborhood or business district Demolition and Rehab Buffalo has one of the highest rates of vacant structures in the state. These often become havens for gangs, drugs, and other illegal activities, in addition to destabilizing neighborhoods and compromising public safety. Substantial city resources will be dedicated to the Mayor's aggressive "5 in 5" demolition and rehabilitation program. To date, over 4,379 structures have been demolished and another 943 rehabilitated. During 2012 - 13, the city will invest $5.7 million from a variety of funding sources to conduct more than 300 demolitions. 11 Page 5 Quality of Life Improvements Parks and Playgrounds It has been a priority to enhance quality of life issues that make our neighborhoods stronger. In 2011, $7 MARTIN LUTHER KING, JR. PARK HUMBOLDT BASIN PROPOSED IMPROVEMENTS million was invested in the improvement of parks, the largest investment in parks in 20 years, There is $11 million worth of park projects planned for the next two years, bringing the total investment in parks to nearly $30 million since 2006. Massachusetts Avenue Park now has an improved playground and park entranceway. Broderick Park, located on an historic Underground Railroad site and crossing, will continue to see improvements to increase heritage tourism and attract more national and international visitors to Buffalo, The state of the art all- season splash pad in Martin Luther King Jr. Park will be opened this summer, and LaSalle Park will soon be the Dome of the city's first skate park. New picnic shelters and improvements to parks, playgrounds, sports fields and basketball courts,.other recreational infrastructure, and security investments are planned throughout the upcoming fiscal year. A new city forester will also be hired, Green Friendly Buffalo Buffalo continues to "Go Green ". This year the City of Buffalo implemented a new recycling initiative, called Buffalo Green Cart recycling. The program, due to city residents' enthusiastic response, already has record - breaking numbers, with 1000 tons of recyclables collected in March alone. Funding is also in place for a new Recycling Coordinator. This year, $75,000 in funding will be used to purchase two "environmentally friendly sidewalk sweepers" that vacuum up litter, broken glass, bottles, cans, and leaves, without disrupting sidewalk or street traffic. Clean Sweeps Quality of Life "Blitzes" Reducing crime continues to be a top priority. This budget sets aside funding in a special account to run "neighborhood and commercial district blitzes. "Targeted and intensive building inspections and clean -ups, including graffiti removal, will supplement the 25 Save Our City Clean Sweeps planned for this year. Mayor Byron W. Brown's Budget Message Page 6 Property Tax Relief Reducing Rates & Freezing Taxpayer Bills The budget continues the city's progress in stabilizing our residential and commercial property tax bills. For the 7`'' straight year, since the beginning of the Brown Administration, property tax rates will again fail. This year, to continue to make Buffalo investment ready and capitalize on Governor Andrew Cuomo's promise of $1 billion in state aid to attract new businesses and industry to Buffalo, the tax rate on non - homestead . properties, primarily commercial structures, will be reduced by another 8.5%. With this decrease, commercial property tax rates will have decreased by nearly 25% since 2006. For a commercial structure worth $100,000, the property tax bill is nearly $850 less than if the rates had remained the same. Mayor Brown's pledge to freeze property tax bills for all city taxpayers is maintained in this budget. With a 15% decrease in residential property tax rates since 2006, property tax bills for city residents will remain substantially the same in the upcoming year as their last tax bill. For average homeowners with a home worth $100,000, these rate decreases have meant that their tax bill is $300 less annually than if the rates had not been reduced. Lowest Average Tax Rate in Upstate Newyork With steady decreases in both residential and commercial tax rates since the beginning of the Brown Administration, Buffalo now has the lowest average tax rate among Upstate New York's large cities. 91V Average Tax Rate Rochester $37.59 :2006 Q7 Q SS ° lo, Albany $36.40 2007 -08 X7% - 9.20% Syracuse $32.72 . 2008 Buffalo $23.46 - 2009 -10 - 2.02% *Average of Residential and Com- mercial rates 2011 -12 0% - 1.2$ ° / a 2012 -'i 3 00 Total Tax Cut - 15.16% - 24.64% PropertyTax Relief—How it affects you? Property Tax Rates for Residents and Businesses Cut . Seven Years in a Row K: 1 Page 7 Investing in ourYouth Improved Educational Outcomes To grow a strong workforce for tomorrow, the young people of Buffalo need to have strong support. Say Yes to Education: The Say Yes Promise Buffalo Initiative is the local chapter of Say Yes to Education, a national non - profit education foundation that includes the promise of free college tuition to students who meet the graduation and residency requirements. This budget includes $167,000 - the second year commitment, totaling $500,000, to Say Yes, a broad -based public /private initiative that invests in city youth. Buffalo Promise Neighborhood: The City will continue to invest in this educational initiative to improve educational outcomes for children living. and attending school in the 14215 neighborhood. Since 2006, Mayor Brown has invested more than $3.5 million in this neighborhood, fueled by an additional investment of over $6 million from M &T Bank. Neighborhoods of Choice: This budget will continue to support the Buffalo Municipal Housing Authority Perry Choice Neighborhood Initiative, a plan to transform this distressed neighborhood into a vibrant community of opportunity. SAYYES TO EDUCATION sayyestoeducation,org Youth Employment Buffalo's strong future' is our youth. The FY 2012 -13 City Budget continues to make a substantial investment in Youth Programs by increasing the city's commitment to Mayor Brown's Youth employment program to $1,060,000, providing 50 new jobs for a total of 685 jobs. Since 2006, Mayor Brown has provided 14,443 meaningful employment opportunities to some of the city's neediest youth. This program provides real employment experience, income and training that helps young people develop workforce and leadership skills to get and keep good jobs in the future. Cultural Support Buffalo continues its commitment to providing cultural attractions to its residents. This year the city is allocating $220,000.for Coca -Cola Field, $1 36,000 for the Buffalo Zoo, $125,000 for Buffalo Place, $100,000 for the Buffalo- Niagara Film Commission, and $50,000 for Kleinhans Music Hall. The Broadway Market will be receiving funding for advertising, evens, and security. The Market is a year round Buffalo attraction. buffalozoo REFERRED TO THE COM I I TEE OF THE WHOLE BYRON W. BROWN MAYOR STEVEN M. CASEY First Deputy Mayor JANET PENSSA, Ph.D. Commissioner of Administration, Finance, Policy & Urban Affairs DONNA J. ESTRICH Director of the Budget FROM THE MAYOR - EXECUTIVE DEPARTMENT May 1, 2012 \ FROM THE BUFFALO PRESERVATION BOARD 00 0_l Form LS -1 Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851.5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also.be submitted; C) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and. delay the review process: * * ** check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site 2280 Niagara Street, Buffalo, NY 14207 2. Name of Property (if any) Buffalo Terminal House (historic name) Page 1 of 3' k�- 3. Name of Present Owner Patricia Anne Higgins Address 2552 South Federal Highway— U.S. 1 Condo_Unit #10, City _Boynton Beach, FL Zip 33435 Phone 716 -834 -2171 Contact person Conrad S. Mikulec Phone 716818 -2171 Note: If property is in multiple ownership, list the names /addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Yes X No If yes, is owner in favor of landmark designation? Yes No X If yes, submit a signed state me nt/affid avit by owner supporting Designation. 5. Present use of property storage 6. Year of Construction 1901 Information Source 1900 Sanborn Fire Insurance Map; 1902 Landis & Alsop Bird's-eye-view Perspective Map of Buffalo NY; Electric World and Engineer, December 10, 1904, pp. 987 -994. 7. . Architect unknown Information Source 8. Is property endangered? Yes X No If yes, explain: Under threat of demolition by order of Housing Court 9. On separate pages, please describe the architectural, historical, geographical and cultural significance of this landmark and/or landmark site. Please indicate the sources of information. 10. Please attach any additional material which might be useful in considering the site for landmark designation, i.e.; newspaper clippings, magazine articles, photographs, etc. Please list below, which of these materials you would like returned. If you would like to present additional materials at a meeting of the Preservation Board, please indicate nature of such materials. 5 11. Name of Applicant Conrad S. Mikulec Organization, (if any) Address 214 East Treehaven Road City Snyder, NY Zip 14215 Phone 716 -818 -2171 I hereby certify that the information contained herein is true and correct to the best of my knowledge. //*/,; /uz/. Signature of Applicant c� I Date REFERRED TO THE COMMITTEE ON LEGISLATION. Page 3 of 3 SMARII( ANC P a sax 774 1 579 ORCHARD PARK, NY 14127 60 - 1809/453 BRANCH 2126 Date Pay tot m Oder o£ v G / � eL f 'rC Ji LC $ �. N o _ _ 9ecuLL9 ollars �,•�,�:� z Fist NationO Bank For `fJ "" 1: 0 4 3 3 113 0 9 24: 9 5 0 216 6 3 �� 2 n■ i i � ..� __. I V - + N� T _ =_ -'.; T _ r n r� r x �`� ,l z gtW i Figure 3 — 2280 Niagara Street - Buffalo Terminal House - North Elevation (original building is at left — buildings to right of it are on a separate parcel, 2282 Niagara Street) \��$b t��� i �`� W`yi q Figure 5 -- 2280 Niagara Street - Buffalo Terminal House - North Elevation r^� Figure 6 — 2280 Niagara Street - Buffalo Terminal House - Detail of North and West Elevations Figure 7 — 2280 Niagara St. - Buffalo Terminal House — Interior looking west. Compare to Figure 8, Historic View. w K J• °C , -0 - WOE , its sm TOM CI'N NAPA V Rrdgemaunt r y Amtgarf f F i�d Lera I a3 yIfralo_tnbaste �- .. t=?�' Atrpbrt- . forest nF pine Ntlt f 4� t pe s� Cheektowaga Depew s -Gwr on Rd FOrt Ede '°- � Lancaster Yb rs Slaan Bellevue Fora Rrdg Ed .7av c�v4tx1 .13uffala Rr g ave Bea W rl �a r He3it1t8 Bleach v y ;.Tnslie ' w 62 7 � 2280 Niagara St, Buffalo, NY 14207 - Google Maps Address 2280 Niagara St Buffalo, NY 14207 Get Google Maps on your phone Text the word "GMAPS "to 466453 Norio Buffalo Whaatfie;ld F07 ML �� e2 Suburban Airport. 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Ctimer5 � g ^g n Orahard , Heights }5 w �s Park. — Easitlurora filMl Vemon .. - Map data @2019609le maps.google.comlmaps ?f =q& source= s_q &hl= en &geocode = &q =2280 +Niagara +Sl, +Buffalo, +NY +14207... i!i 412112 2280 Niagara St, Buffalo, NY 14207 - Google Maps 2280 e Address Buff Niagara 5t Get Google Maps on your phone Buffalo, NY 74207 Text the word "GMAP5 "to 466453 n4�ty2'��i' �i y} �� 'f ��i 4.�_ � �vl i'.i' 4 _ � - ., ry -.. t��� ". '�. c } Riverside f h�a,, s B ern il � Rgye P ark r: -,} 1 iy U � ), d S05 p, �7 Black Ro' � :. 1 ` �A<rnhyySL�t �} Map data C�i201 _ Geraale, maps.google.com /maps ?f =q& source= s_q &hf= en &geocode = &q =2280+ Niagara +St,+Buffalo, +NY +14207... 11t � N ��,�, Y :. rf Tk -; �� �� � Rg4 N 1• Y1�I8 ,,1 Sc'Y � +� 'r! E 4 • Fo--- -- "6w� N Lew Lti e• E.•4 {� 6 � SY4TC, oP h V r0 vtti :s se 7 V,Q° �• . Rvw AY_ L. slo, �K fvr ad - T5. I'C.I Sa Mas• � °'7.45, PP ¢fi i &ao.o' q x.�s 1 1. p'rrz.oL. :r CL P m r �� Q 5 r Yj SLOG• � f m R � p 3 3 b � � � F r � ar r o 's tiy.. -v- 61. C ouc_ P 1 Ia— 1D0 ' 3. s• ly , ° . 1)_.ok1 .y°'- 111.6. 10.4�l .: ��� 90• f P'"t 0..q s. 11•.'LZ =S°'E V.w f — l\.11 q E 3 S _ S3 E.PORT �F� SUC2V tY �ju�Y�:l,t7h :March L'l.,lgf'S {43LFSA14[ G $FSPEF. AVERAi,MA RN, QE : A :4 214466 L =d Nam - - PP.QT . OP. 4 w�01161a,'1'Mcif_'S4taARE'.: W 5 EC 4 C1T[ OR Y4fRP4�O SGA -a. �=' `"- 1G wrti�iN�'Ie v�i .4, W Surve 10YIB BLSIGtl of 2280 and 2282 Niagara Street, Buffalo, NY. Property known as 2280 is at left. 1901 building known as Buffalo Terminal House is outlined in red. Remaining structures shown on this parcel were later additions. Buffalo Terminal House Local Landmark Nomination Aril 9 2012 Authored by Preservation Buffalo Niagara: Andrea Rebeck RA, Preservation Specialist, and Michelle Muia, M.H.P., Volunteer. Summary Statement of Significance (Note: Applicable designation criteria shown in parentheses) The Buffalo Terminal House was built in 1901 to accept the hydroelectric power generated at Niagara Falls, transform it to a voltage level that could be distributed and used in Buffalo, and send it to the Pan - American Exposition where it powered the illumination of the Electric Tower. In doing so, it demonstrated the efficacy of long distance bulk transmission of electric power in the form of alternating current. It is significant for its role in what is often called the "second industrial revolution" — the emergence of electricity as the prime energy source for powering machinery and providing light. (Criteria #1 and #2) At the end of the nineteenth century, a war was raging between two inventors and their powerful financial backers. J.P. Morgan supported Thomas Edison's plan to provide direct current (DC) power produced by coal -fired, steam driven generators. DC power could not be transmitted long distances, however, so a great many of these plants would have to be built to serve the various sections of each city. George Westinghouse (pictured lower left) had employed Nicola Tesla (lower right) to develop a feasible way to utilize alternating current (AC), which could be easily transmitted at higher voltages over smaller wires and thus could be generated at a considerable distance from the final point of use.' "...Westinghouse recruited engineer Nikola Tesla, acquiring his patents for the polyphase induction motor, and continued to develop the machinery necessary for alternating current production and use. Edward Dean Adams made this statement with regard to Westinghouse's AC research relative to development of Niagara Power: `The issuing of the Tesla polyphase patents in May, 1888, was followed a year later by the organization of the Cataract Construction Company [and its affiliate the Niagara Falls Power Company] which undertook the investigation of methods of developing Niagara Power. Niagara plans and alternating- current machinery developed simultaneously and in less than a decade they mutually contributed to the inauguration of modern hydro- electric power service. `2 ' Jack Foran, "The Day They Turned the Falls On: The Invention of the Universal Electrical Power System," n.d. < http: //library. buffalo. edu /libraries /projects /cases /nia arg ahtm >. 2 "Illuminations — Revisiting the Buffalo Pan - American Exposition of 1901," `Electricity & Technology at the Pan - American Exposition," `Electricity and Its Development at Niagara Falls" 2001. < http:/ /Iibrary.buffalo.edu/libraries/ exhibits /panam/sel/electricity.html >. VE The competition came to a head when Westinghouse won the right to provide the generators for the Adams Power Plant, built in 1895 to harness the water power of Niagara Falls. At this time, industrial development at Niagara Falls was minimal; the major market for electric power was seen to be in Buffalo, and thus long - distance transmission was essential for the venture to thrive. Edison's company, General Electric, was given the contract to provide the transformers, and in 1896 the first AC power was transmitted through wires strung on wooden poles, through Tonawanda, along the right -of -way of the Erie Canal and into Buffalo. This current was initially received at the International Traction Company's Power House and Car Storage facility on Niagara Street at the foot of Prospect Avenue, where it was used to help power Buffalo's streetcars. It was a minor source of power, however, because the Traction Company had several coal -fired steam boilers that generated the majority of its electricity. Buffalo businessmen knew that the Pan - American Exposition would offer a magnificent opportunity to showcase the AC current coming from the Falls of Niagara. "The Pan- American Exposition of 1901 was the expression of Buffalo's resolve at the turn of the century and a representation of its hope for a glorious future. In 1901 Buffalo was the 8th largest city in the United States and due to its proximity to abundant hydroelectrical (sic) power was at the center of many technological and industrial developments. " Prominent local businessmen George Urban, Jr., William B. Rankine, and Charles R. Huntley had incorporated the Cataract Power and Conduit Company in 1896, and after obtaining the franchise to distribute electrical energy within the city of Buffalo, they constructed a dedicated transformer buildin� on Niagara Street at the foot of Ontario Street next to the Erie Canal. (Criterion #4) According to the May 1901 issue of Electricity, this simple brick industrial building housed "six of the largest transformers in the world" (shown at right, these were made by Westinghouse). This building, designated Buffalo Terminal House, is the subject of this landmark designation application. 3 Foran. a Sanborn Fire Insurance Company, Map of Buffalo, 1889 -1900, Vol. 1, Sheet 89. s John M. Bewley, Coordinator, University Libraries Pan- American Exposition Exhibit Group, "Introduction," August 2001, < http 1 /library. buffalo. edu/ librarieslexhibitslpanam /intro.html >. 6 "Electricity and its Development at Niagara Falls," < http://Iibrga.buffalo.edu/libraries/exMbit s /panam/seVelectdgfty1tml V Buffalo Terminal House viewed from the northwest (north elevation is at left). Photo published in the January, 1906 issue of The Electrical Age. The Erie Canal is in the foreground. Terminal House Erie Canal Niagara Street Landis & Alsop, Detail of Perspective Map of Buffalo, NY (Newark, N.J.: c. 1902) < http: l/ hdl. loe .aov /loc.gmd /23804b.Pm005430 >. � This 1901 diagram clearly shows the Buffalo Terminal House taking the power from Niagara Falls and sending it to the Electric Tower at the Pan - American Exposition. =LJ jee :: MOyO �ACta. M1Ai UNtON CAARIO4 00. CO. OANMELITE g is N. F. &olmv. P. O.. In MT4. NONA4TENY MN. � COGRINN OATNARINE6 i GNY/1R10 47. RY. O0. tFT1N0HOV14 tAAArGNN[N !O# N. >. FV1liN N. P. MCOTWO40114 T.IN log HUMAC 4tLW amolm TARIO LIGHTiNO QO. N.OekAi4 EL4CTR4CN4MECAL C9. 1w H. r. kTNA4[ TO i f, rOA i wxrt. wtTnNarOUA4 rA,walvm NIAaIRR NLYLW CO, Alit MOIGRa, N A: ►. rtirngllpUt! TMN #YGNNTNa — ANe NOraNi. EcHorA Lio"11NO ANO 41OTOR4. LpCA FROM HIROARA• _ Y000 40. . WIEDTIR. AHMAT" G RAT114Y Now" =1* Me"YDN1. 4401 gi al i RAl111TlAw1Ri. AoTHY CONVU 14110 AND NCTGIN, ANKSAICI 100,000 NGA POW0q, (f� VOTGM• UMtA all" NIAWXA RAI 4U }PLY GO. [AWI t.-ou +,aN. N• r. Rm WO N. A. rORNiOti. AMPERE EL£CFNC•lHEMICALL co, nM wA tAa N,P � wkK1�tlNO 601AAt#41 F + v41' �F i"°eiILM. � LIMfT� � fleie NIACtANA ELCCTRO- CHEMICAL OQ. ROC ae AND BLECTRlC 00. O ri � TOMAWAN OA 14 IIITE4 e 74 N. r. WHO". ACEYriOnE MANUFACTURING CO. � it IA" N. RaC $ Y0111- f4 AND TAAYIrOnY4Ai, D. o. c., ., Ma 11- u ` E 3 e 0 IA"". P. wt"00"OW4 "TANI", E P. O 1i1 10 tli yq,YL AGOA BSI + A N4pG�IQCAYpNMAT,IG 4R�RT#.MOYGA i[IIIMTet 1kT4, y h• 1 r _ _ ' RN QA4TA4A ELEGTRGLYTW ALKALI CO. $ Z , . LT! � f. ROTAN Ip 1.G /1e VO MANYPAGlYNi N AWANNVII. Hi M. 4. ■MNMO AAO II[CNNIg a A "To RNAtQN, TN4 PIT7aRVRO R4CUOTION G0. ' - w4LTINANCY[t T4NAWANOA i TN.WNOIINFNA.� F ft. P. w[iiINMNWt) - � A.iM NNI.Ti. TCNAMANOA� AN4 ►Oir4 THE GIX #OXUN6OMNORN7AI. 4 M « I.I.— N... rYAN�t�. $IAGARA FALLS POWER (0. .vPPALe NGNTON ENCXr wHECL CO. IIiARNRY 6F CiRCU1Ti. IRiNGFAL .ti T•4 ytw N. h. VWNACt4. AFFAtIRFpi ANO AMICAtION/ OF POWER. i - t'.. INTENNATIGNAL ACHEROM ONAPN1Ti CO. Apt pF iNE samo NOIIFE 1`00M 11 [' Y #- 1 ELLOTI��a TOWEN. '' q PEI iOFFI[EO IS 6S RINE9 FROM d ,4" N. P, MirDAi, 4YESTINGHQU8E ENERATORS. �' "p!•AMRIIIGA ' 4M N. 1, r. Laar4 MO AAe MO PNlNCN NI KLAN Pi4N4 00. L — _ _ — NOWCl1 HOUMP: Y000 40. . WIEDTIR. AHMAT" G RAT114Y Now" =1* Me"YDN1. 4401 gi al i RAl111TlAw1Ri. AoTHY CONVU 14110 AND NCTGIN, ANKSAICI 100,000 NGA POW0q, R1 � rr,. rcrr' J � ' Vyl 1915 New Century Atlas showing the Buffalo Terminal House, Iabeled "Power House" on this map. The Buffalo Terminal House was the sister building to the Adams Power Plant Transformer House located next to the Adams Power Plant in Niagara Falls. This Transformer House was listed in the National Register of Historic Places in 1975, and was designated a National Historic Landmark in 1983. This building stands empty today. Like the Buffalo Terminal House, its transformers and other equipment were removed years ago. Other than remnants, all that exists in both buildings are the huge bridge cranes that once moved this heavy equipment around. In 1901, however, both buildings were humming with high - voltage equipment. The Niagara Falls facility took the power generated by the Westinghouse dynamos, stepped up the voltage to 22,000 Volts, transmitted it across 23 miles of wires to the Buffalo Terminal House, where its transformers stepped the current down to 11,000 Volts, and transmitted it not only to the Pan- American Exposition, but through several substations to customers throughout the city of Buffalo. (Criterion 3) [Went (if the Buffalo General Electric Company in an adjuinki sul.- P Y K _._�ckarw�w b�Gitic,_.. a..s..Jrred statiOtl 'rhe combined raling of thesd zl t.mwformers in s,zp ker, u:,n,r,r.l S ��j �x[pi.rz!rn -r Sc.Ha ��Sr.:pL Galaw IGAL. � ���'4r. . MI U:rr.0 ^ =.k krJia '. "'_"'��i�f reJS _ kss 6a f 6.erV.Bt ff p A-6! xs "' ...... _ �Y 1P.F T. !auto, wmrex i•..rl / k� S .. . l An Ea. f Fy I[a] n�Sd•H•. 1'+Yda. �_ Y� .i r U�yv tt i �. y ..�- ] � r 6 ���f aTAYla9m�a�x 1E.0 �,.,...:. •I ��. .... � is 5'vrlei Ar. �K+wc, I itl it i .._ :........_.....111"'....__ ......... r _ _...._ .. ..........._. CITY of SUrrALO I f a miff. c:rarrP. > au- �hig���F a� : o v a yn:� - tacxr pv.,.0 7r -d�.f �srw vPS Ur•�.r�oa... 17 wnu sSM•H rsl Yertl la 9VU4r..ul 1� �- ��:I�J h � �:�. f! 7� Cl.r��l Ar.. g Tf�l....._ : LrPe Cu+lu�l,+ n O.al.. C�f, l'r TT.1pr.rhn 1, T.JM: uU ndl,.i /T/ FKL ]sr Pali F �e - r at '. Tw+++¢ tF y 'L 14 -i _ 7t'iC �W k-ru ;j�N.'imt XI ' : .]AND IF jV /i� y. k 'Rr 1Fr U Nrni. / >� o u i L. { X t —✓ VW WSJ _R _ � vA i.z wS ST'. Tom. an Fic. q. tattoo -Vntr D ISTRIBUTION SY STEM Cn7n RelCf 1 & CD CcMenNV. Terminal House p- 5 Demand for this new power source was insatiable, and by 1904 a second power plant was built on the Canadian side of Niagara Falls to send hydroelectric power to Buffalo. With World War I looming, both the United States and Canada felt the need to be generating adequate power for their own national needs, and the Canadian power was withdrawn. In Buffalo, a new power plant was built down -river in Tonawanda, the Huntley Plant which still operates today. Its coal - fired steam- powered generators, however, are a far cry from the clean hydroelectric power that initially lit up Buffalo streets and homes. By 1916, the Buffalo Terminal House began to be transformed through the first of several additions, and today it is nearly encased in them: a long, narrow southern addition built of brick in 1916, a small concrete block addition built to the east of that in the 1950s, and on the parcel to the north additional concrete block additions also built in the 1950s. It is not known exactly when the building ceased to be used to transform power. The 1916 Sanborn Map calls it Buffalo General Electric Co. Terminal House A, but on the 1950 Sanborn Map it is labeled simply Factory Bldg. It has remained a factory building ever since. In the late 1960s, the buildings on both parcels were purchased by the Mikulec family whose son, Conrad, invented the ABC fire extinguisher, and the facility was used to manufacture this item and other fire- fighting materials and equipment. Before operations were moved out of state several years ago, the company employed 125 workers in the complex of buildings. Today, the building is used only for storage, though Mr. Mikulec states that he has plans to reuse portions of it to manufacture a new product he has recently patented. The Buffalo Terminal House meets five of the "Criteria for Designation" as defined in City of Buffalo Charter and Ordinances, Chapter 337 -15, Criteria for designation: Criterion 1 : The property has character, interest and value as part of the economic development, technical heritage and cultural characteristics of Buffalo, New York State, and the nation. Criterion 2 : The property is the location of a technological event of local, state and national significance. Criterion 3 : The property exemplifies the historic, industrial, economic and cultural heritage of Buffalo, New York State, and the nation. Criterion 4 : The property identifies with several people who significantly contributed to the development of Buffalo, New York State, and the nation. Criterion 5 : the property embodies distinguishing characteristics of an industrial architectural style valuable for the study of its materials and method of construction. The building measures approximately 39 ft. by 186 ft., and although it has windows high in its east and west walls, the interior is a single, double - height space. Its utilitarian shell of solid brick, topped by terra cotta coping tiles, is typical of the industrial structures being built at the beginning of the twentieth century. Its roof made use of the relatively new concrete planks set on steel joists and beams, and except for the exposed steel, the entire structure was fire -proof Despite the numerous additions and changes for door and window openings, the core 1901 building is intact, including many of its original four - over -four window sash in the south wall, where they were protected by the later addition. C.1 -�,A Summary The Electric Tower has long since disappeared along with nearly all the remnants of Buffalo's Pan- American Exposition. The Buffalo Terminal House is one of the few structures surviving from that era that had a direct and very critical relationship to the Exposition (the other being the New York State Pavilion which now houses the Buffalo and Erie County Historical Society). Although it was always just a utilitarian industrial building, the Buffalo Terminal House retains its original materials (brick, concrete plank roof, steel rafters) and its bridge crane that once moved its massive transformers into place. Its sister building, the Adams Power Plant Transformer House in Niagara Falls is a National Historic Landmark. These two structures, the Transformer House in Niagara Falls and the Terminal House in Buffalo, are linked together in the history of electric power - a form of energy that we take for granted so much today that we have forgotten how revolutionary it once was at the beginning of the last century. 7 Bibliography Adams, Alton D. "Distribution of Transmitted Power in Buffalo." The Electrical Age. January 1906: 41 -47. Adams, Edward Dean. Niagara Power: History of the Niagara Falls Power Company 1886- 1918. Niagara Falls, N.Y.: Niagara Falls Power Company, 1927. Bewley, John M. Coordinator, University Libraries Pan - American Exposition Exhibit Group. "Introduction." Aug. 2001. Apr. 5, 2012 <http: / /library.buffalo.edu/ libraries /exhibits /panam/intro.html >. "Electricity and its development at Niagara Falls." ,Illuminations — Revisiting the Buffalo Pan - American Exposition of 1901. June 10 2010. Apr. 5 2012 <http : / /Iibrary.buffalo. edu/ libraries /exhibits /panam/online.html #st> Doran, Jack. "The Day They Turned the Falls On: The Invention of the Universal Electric Power System." Case Studies in Science. <http:/ /library. buffalo. edu /libraries /projects /cases /niagara.htni >. Gardner, James. "Adams Power Plant Transformer House National Register of Historic Places Inventory — Nomination Form." American Association for State and Local History. September 1978. Mikulec, Conrad S. Interviews conducted. in person and via email, from Nov. 2011, through Apr. 2012. "The Niagara Falls and Buffalo Electric Power Transmission." Engineering News vol. XXXVI no. 24 Dec. 10, 1896: 388 -391. Phillips, John H., IEEE, retired Superintendent of Power at the New York Power Authority Niagara Power Project. Interviews conducted in person and via email, from Nov. 2011, through Apr. 2012. Woodworth, Craig A., IEEE. "The Companies that Electrified Buffalo." Presentation first given April 14, 2004 to the Buffalo & Erie County Historical Society and the Buffalo Section of the Institute of Electrical & Electronic Engineers. Updated Apr. 8 2008. Contains extensive bibliography. Woodworth, Craig A., IEEE, retired Niagara Mohawk Transmission Design Lead Engineer. Interviews conducted in person and via email, from Nov.,2011, through Apr. 2012. 8 FROM THE CITY PLANNING BOARD May 1, 2012 OQ 05 SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -State Environmental Quality Review) of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title West Buffalo Charter School Location: 113 Lafayette Avenue Type of Action: Coordinated- Unlisted Description: Ellicott Development Company on behalf of the West Buffalo Charter School is proposing the renovation of the former Lafayette Tower Building (former Lafayette Hospital) located at 113 Lafayette Avenue, Buffalo New York. The project meets the threshold for City Wide Site Plan and Design Review however all work will be interior improvements. The exterior of this project will be unchanged as well as the existing landscaping and parking will remain the same. Future phases of this project will involve a new building addition as well as a playground area. All future development plans will be presented to the Planning Board as they become available for review. This project is being coordinated with a partnership that includes Buffalo Hearing and Speech that will focus on language acquisition, literacy instruction and reading proficiency helping children who speak English ass second language. The project is privately with developer hoping that he will be able to complete the project by August 2012. . 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: The project will provide anew charter school to a.developing community of local Buffalonians as well as arriving immigrants helping their children learn English as a second language, development of communication skills as well as providing a good quality education in a newly created modern educational facility. 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 ball, Buffalo New York 14202 - 716 861 -5085 Dated April 24, 2012 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and inspection Ellicott Development ECIDA RECEIVED AND FILED }d , ti 1 !" i� la's 3� FROM THE OFFICE OF STRATEGIC PLANNING City Clerk's Department BUFFALO May 4, 2012 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. 6 PASSED May 1, 2012 Strat Plan- Belmont Housing Resources for WNY Inc PILOT Gerald A Chwalinski City Clerk MAY .1 4 2012 C* Ma rV QQ 0 # 1 (Rev. 2/01) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 16, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: General Office SUBJECT: [: Belmont Housing Resources for WNY. Inc.Pilot PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. C.C.P. ) TEXT: (TYPE SINGLE SPACE BELOW) Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, and Belmont Housing Resources for WNY. Inc. This Project is known as True Bethel Townhomes. The proposed development consists of 30 residential units: 10 2 -BR, 14 3 -BR, and 6 4 -BR units. True Bethel Townhomes will provide affordable housing opportunities to 30 households with annual household incomes at or below 60% of the area median income (AMT), 18 (60 %) of which will be targeted for households with annual household incomes at or below 50% of the AMI, with the remaining 12 (400) units available for those with annual household incomes at or below 60% of the AMI. Six (6) (20 %) of the total 30 units will be accessible to persons with mobility and /or hearing or vision impairments; the remaining units will be handicap adaptable: Project amenities include onsite parking and a community building that features a site management office, community room with kitchen, laundry facilities, a computer room with intereet access, an activity room, and access to a recreation /playground area for tenant use. Each apartment will have an open floor plan and include a full kitchen, living and dining area, bedrooms, full bathroom(s), and laundry hook -ups. Each building boasts green and sustainable design features and promotes energy efficiency, including low -e glass windows, water saving features, and high efficiency heating systems. Belmont Housing Resources for WNY, Inc. and True Community Development Corp., co- developers, are both non - profit entities with IRS 501 (c) (3) tax determinations. True Bethel Townhomes will be owned by a yet -to -be formed limited partnership. The general partner will have a 0.01 % ownership interest and the limited partner will have a 99.99% ownership interest in the limited partnership. A subsidiary will be the general. Belmont will act as the Management Agent. Funding sources for True Bethel Townhomes include NYS Homes & Community Renewal (HCR) for Low- Income Housing Trust Fund Program in the amount of $1,380,000.00 and federal Low - income Housing Tax Credits; the City of Buffalo for HOME funds in the amount of $350, 000.00; National Equity Fund, Inc. (NEF) for tax credit equity; and a conventional construction loan. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income assuming a five.percent (5 %) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15- year. Pilot. TYPE DEPARTMENT HEAD NAME: Brendan R. Mehaffy TYPE, TITLE: Vice Chairman City of Buffalo Urban Renewal Agency SIGNATURE OF DEPARTMENT HEAD: AGREEMENT FOR PAYMENTS IN LIEU OF TAXES THIS AGREEMENT for payments in lieu of taxes is made as of the day of 2012 , 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 "), and Belmont Housing Resources for WNY, a New York Corporation with offices at 1195 Main Street, Buffalo, New York 14209, 35 Spruce Street, North Tonawanda, NY 14120 and 174 Main Street, Hamburg, NY 14075 (the "Taxpayer "). WITNESSETH: WHEREAS, Belmont Housing Resources for WNY is proposing the substantial new construction of thirty units (30) units consisting of twelve (12) one bedroom units and two (2) two bedroom unitl0 2 -BR, 14 3 -BR, and 6 4 -BR units. At 868 East Ferry Street, Buffalo New York, 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 WHEREAS, 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. NOW, THEREFORE, in consideration of the covenants and agreements contained in this PILOT Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. Tax Exemption The parties agree that Taxpayer qualifies for real property tax exemption for the Project in accordance with the provisions of Article 11 of the New York Private Housing Finance Law. 2. Obligation of the Taxpayer to Make Payments in Lieu of Taxes The City and 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 County, subject to the terms of this PILOT Agreement. Page No. 1 Belmont Housing Resources for WNY PILOT 3. Requirements of Tax a er. a. The development of the Project shall be carried out in accord with the provisions of Article 11 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 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 or County. £ 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 conveyance of the Land to facilitate the Project described herein (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: i) the Taxpayer will make a fixed annual PILOT payment in the amounts as stated in Schedule A , attached hereto and made a part hereof, in satisfaction of all real 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 Page No. 2 Belmont Housing Resources for WNY PILOT 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 make 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. 6. 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 for local improvements permitted by law. 7. Events of Default and Termination of Tax Exemption 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's failure to qualify, or continue to qualify, for a real property tax exemption for the Project in accordance with Article 11 of the New York Private Housing Finance Law, (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. b. Upon the occurrence of an Event of Default as defined pursuant to Section 7(a) above, the Taxpayer shall have ten (10) days after the receipt of Notice from the City or County regarding such default to cure such default. Page No. 3 Belmont Housing Resources for WNY PILOT 9 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. C. Any such termination of the real property tax exemption applicable to the Project shall not void the liability of the Taxpayer for an unpaid payments in lieu of taxes required by this PILOT Agreement prior to such termination. 8. 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. Counterparts 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. Remainder of page intentionally left blank Page No. 4 Belmont Housing Resources for WNY PILOT OX IN WITNESS WHEREOF, the City, County, and Taxpayer have duly executed this Agreement as of the day and year first above written. COUNTY OF ERIE CITY OF BUFFALO Chris Collins Byron W. Brown County Executive Mayor Approved as to content Approved as to content for for Erie County: the City of Buffalo: Kathy Konst Martin Kennedy Commissioner, Commissioner, Department of Assessment and Taxation Environment and Planning Approved as to form for Erie County: Approved as to form for the City of Buffalo: Eric R. Ziobro Timothy Ball -- County Attorney Corporation Counsel Belmont Housing Resources for WNY By: Name: Title: Page No, S Belmont Housing Resources for WNY PILOT q f' J Exhibit A All that tract or parcel of land situate in the City of Buffalo. County of Erie, and State of New York being part of Lot 11 Township 11 Range 8 of the Holland Land Company's Survey, being more particularly described as follows: Beginning at a point in the north line of East Ferry Street as a 66 foot wide right of way, at a distance of 210.06 feet east of the east line of Dutton Street as a 50 foot wide right of way, said point of beginning, also being the point of intersection of the said north line of East Ferry Street with the former west line of Sheridan Avenue as a 66 foot wide right of way; thence easterly along the said north line of East Ferry Street, at an interior angle of 91 -22 -50 with the said west line of Sheridan Avenue, a distance of 483.60 feet to a point being 25.00 feet southwest of the southwest line of lands described in a deed recorded in the Erie County Cleric's Office in Liber 1191 of Deeds at Page 215; thence northwesterly along a line parallel to said lands described in Liber 1191 of Deeds at Page 215, and 25.00 feet southwest as measured at right angles therefrom, and at an angle of 49 -42 -17 with the said north line of East Ferry Street, a distance of 207.43 feet to a point of curvature; thence continuing northwesterly along a curve to the left parallel to said lands described in Liber 1191 of Deeds at Page 215, and 25.00 feet southwest as measured radially therefrom, having a radius of 1326.70 feet, an arc length of 479.61 to a point in the said former west line of Sheridan Avenue; thence southerly along the said former west line of Sheridan Avenue, a distance of 470.39' to the point or place of beginning, containing 2.94 Acres more or less. November 19, 2011 Jobs2011/11073/11073PL LegalDesc.doc Page No. 6 Belmont Housing Resources for WNY PILOT Schedule A PILOT City County Year 1 $6,570.27 $4,927.70 $1642.56 Year 2 $6,767.38 $5,075.53 $1691.84 Year 3 $6,970.40 $5228.00 $1742.60 Year 4 $7,179.51 $5384.63 $1794.87 Year 5 $7,394.90 $5546.17 $1848.72 Year 6 $7,616.74 $5757.55 $1904.18 Year 7 $7,845.25 $5883.93 $1961.31 Year 8 $8,080.60 $6060.45 $2020.15 Year 9 $8,323.02 $6242.26 $2080.75 Year 10 $8,572.71 $6429.53 $2143.17 Year 11 $8,829.89 $6622.41 $2207.47 Year 12 $9,094.79 $6821.09 $2273.69 Year 13 $9,367.63 $7025.72 $2341.90 Year 14 $9,648.66 $7236.49 $2412.16 Year 15 $9,938.12 $7453.59 $2484.53 Page No. 7 Belmont Housing Resources for WNY PILOT Belmont Housing Resources for VIINY, Inc. PILOT (Item No. 3, C.C.P., Apr. 18, 2012) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated April 18, 2012, be received and filed; and That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie, and Belmont Housing Resources for WNY, Inc. The project is known as True Bethel Townhomes. The proposed development consists of 30 residential units, and will provide affordable housing opportunities to 30 households with annual household incomes at or below 60% of the area median income. Funding sources for True Bethel Townhomes include NYS Homes & Community Renewal (HCR) for Low - Income Housing Trust Fund Program in the amount of $1,380,000.00, and federal low- income housing tax credits; the City of Buffalo for HOME funds in the amount of $350,000.00; National Equity Fund, Inc. (NEF) for tax credit equity; and a conventional construction loan. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. Passed. 41 �r i City Clerk's Department BUFFALO May 4, 2012 . 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. 7 PASSED May 1, 2012 Strat Plan- Report of Sale One Part of 858 E. Ferry (Mas) Gerald A Chwalinski City Clerk 1 } u r ss. W a!� ...�.., . _ his 0 0 # 2 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sales One Part of 858 East Ferry being an Approximately 0,45 Acre and a Second part of 858 East Ferry being 2.94 Acres (Masten District) PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 7, C.C.P. 4/3/2012 Ex. Item No. xxx, C.C.P. xxlxxlxx) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Judith Scott, Property Manager of Belmont Housing Resources of WNY, 1195 Main Street, Buffalo, New York 14209 to purchase a 2.94 ( +1 -) acres portion of 858 East Ferry Street. The sale was approved by the Common Council on April 3, 2012 at a price of $120,000.00 and a closing is being scheduled. The approved sale purposely excluded an approximately 0.45 acre parcel, said exclusion parcel being a 25' +- wide section of land situate along the northeast boundary of the 2.94 acres parcel. This communication seeks, along with one other objective, approval to convey the 0.45 acre parcel to Belmont Housing Resources of WNY (or to an affiliate or assignee of Belmont Housing Resources of WNY) for a price of $7,500.00. The other objective of this communication is to request that Your Honorable Body approve the sale of the 2.94 acre parcel to True Bethel Townhomes, L.P. instead of to Belmont Housing Resources of WNY. Belmont Housing Resources of WNY plans to cause a redevelopment of the 2.94 acre site into a thirty (30) unit low to moderate income household development and has now requested that the City make the 2.94 acre parcel conveyance to True Bethel Townhomes, L.P. instead of to Belmont Housing Resources of WNY. The sale of the 2.94 acres to Belmont Housing Resources of WNY was approved in item No. 7 C.C.P. 41312012. 1 now request your approval to sell the 2.94 acres parcel to True Bethel Townhomes, L.P. instead of to Belmont Housing Resources of WNY. q The subject 0.45 acre parcel will not be part of the 2.94 acre housing development. The 0.45 acre parcel however is of little or no value to the City and further requires some attention in the form of capping (the 0.45 acre site is unremediated) and grass seeding /related maintenance. a\ I am recommending and requesting that Your Honorable Body first approve the sale of the 2.94 acres portion of 858 East Ferry to True Bethel Townhomes, L.P. for a sale price in the amount of $120,000.00. Secondly, I am recommending and requesting that Your Honorable Body approve the sale of the 0.45 acre portion of 858 East Ferry, said parcel being a 25' +- wide section of land situate along the northeast boundary of the 2.94 acres parcel, to Belmont Housing Resources of WNY (or their assignee) in the amount of $7,500.00. The value of the 0.45 acre parcel was established based upon the appraisal that was performed for the 2.94 acre parcel and a letter from the appraiser that took sensible adjustments into account as well as adjustments for the condition of the property. I am further recommending that the Law Department prepare the necessary documents for the transfers of title, said transfer documents to be in form and substance acceptable to the Law Department and the Office of Strategic Planning. DEPARTMENT HEAD NAME TITLE: SIGNATURE OF DEPARTMENT HEAD: I n -rem /p rivatesale /C858eastefe rryamendreportofsa I BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING NA 1 Report of Sales —Parts of 858 East Ferry (Masten) (Item No. 4, C.C.P., Apr. 25, 2012) Mr. Smith moved: That the above communication from the Office of Strategic Planning dated April 25, 2012, be received and filed; and First, the sale of the 2.94 acres portion of 858 East Ferry to True Bethel Townhomes, L.P. for a sale price in the amount of One Hundred Twenty Thousand Dollars ($120,000.00) is approved. Secondly, the sale of 0.45 acre portion of 858 East Ferry to Belmont Housing Resources of WNY (or their assignee) for the mount of Seven Thousand Five Hundred Dollars ($7,500.00) is also approved; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchasers; and That the Law Department be authorized to prepare the necessary documents for the transfers of title, said transfer documents to be in form and substance acceptable to the Law Department and the Office of Strategic Planning, and that the Mayor be authorized to execute the same. Passed. N r, Pe' - n R-ow5 k r - o rY1 Vb C:1 Usersl agerstmanl AppDataTocalMicrosoftl WindowslTemporary Internet Files lContent.Outlook\Ul%=HSOaeport Of Sale-part of 858 E Ferry.docx 1 l 57 *AYE * NO FONTANA FRANCZYK GOLOM E * - LOCURT RIVERA 0® 0{ #2 (Rev. 1193) Two Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: April 17, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 64 N. Parade; 259.80'W Fillmore Lot Size: 42' x 142' Assessed Valuation: Land $1,400.00 Improvement: $3 Total $5,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity Buffalo, Inc., Mr. Ron Talboys, 995 Kensington Avenue, Buffalo, New York 14215 to purchase 64 North Parade Avenue. Habitat for Humanity Buffalo Inc. will rehabilitate this property and resell to a low to moderate Income homebuyer. Renovations will include new electrical, plumbing and heating and the exterior work will include new roof, windows and siding. Habitat has built or rehabilitated nearly two hundred properties in the City since 1985. The cost of acquisition was made possible by grants from the Martin Luther King, Jr. Community Development Corporation and the Margarete Wendt Foundation. The property consists of 3,368 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 42'x 142'. The property was acquired by the City through In Rem #41 in October 2007. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Forty Five Cents ($.45) to Seventy Cents ($.70), per square foot land value. The structure contributes little or no value to the overall market value of the subject property. Habitat for Humanity Buffalo, Inc. has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600.00), Sixty Cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. 0 Page 2 Report of Sale 64 North Parade I am recommending that Your Honorable Body approve the sale of 64 North Parade Avenue to Habitat for Humanity Buffalo, Inc., Mr. Ron Talboys in the amount of Three Thousand Six Hundred Dollars ($3,600.04). 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: BM:ck RepsaleWparadelsaies BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRAT GI P NNING REFERRED TO THE COMMITTEE OIL COMMUNITY. DEVELOPMENT. QQ 09 1��k #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE. April 25, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT Seventh Day Church of God Outreach Ministries,. Inc. Use of City Owned Vacant Lots 421 East Ferry, 86.75' E Roehrer Lot Size: 30'x 120' 425 East Ferry, 66.47'W Wohlers Lot Size: 31'x 125', 23.60'x 30' Rear (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Paulette Hayles, Evangelist on behalf of Seventh Day Church of God Outreach Ministries Inc., 431 East Ferry Street, Buffalo, New York 14208 to use 421 and 425 East Ferry for a gospel crusade. Seventh Day Church of God Outreach Ministries Inc. intends to have their religious function from June 29 2012 through July 8 2012. The religious group will clean up the lot before and after their use and will provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. This office receives approximately four to five similar requests a year. I am recommending that Your Honorable Body approve the request of Seventh Day Church of God Outreach Ministries Inc. to use 421 and 425 East Ferry Street upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. DEPARTMENT HEAD NAME: TITLE: BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: lI'' BM:ck Usecitylandcom mun421 &425eferryfre 6 "W REFERRED TO THE COMMITTEE ON LEGISLATI ON. FROM THE COMPTROLLER May 1, 2012 00 10 0 COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2012A BONDS I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie {the "City" ), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On April 17, 2012, at 11:00 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211 North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by facsimile transmission. 2. At that time and place, six (6) sealed bids were received for the purchase of $22,000,000 General Improvement Bonds -2012A of the City (the `Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the Comptroller as of April 2, 2012, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that Raymond James & Associates, Inc., New York, New York, was the successful bidder to whom the bonds were then awarded, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: I151628.1 036191 CLD I Total Interest Cost Less the Amount of the Net Premium Bid Above Par ..... ............................... Net Interest Cost ........ . ..................................... ..........: TIC............................................. ............................... $4,775,352.92 $1,302,431.95 $63,472,920.97 2.472926% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 2013, at 2.00 %; Bonds maturing in the years 2014 to 2017, inclusive, at 3.00°/x; Bonds maturing in the year 2018, at 4.00 %; Bonds maturing in the year 2019, at 5.00 %; Bonds maturing in the years 2020 and 2021, at 4.00 %, and Bonds maturing in the years 2022 and 2023, at 3.00 %, such rates of interest being the rates necessary for the City to sell said Bonds. 6. (a) As set forth in the Certificate of Determination, it is fiirther determined that the par amount of the Bonds and annual maturities shall be adjusted in order to meet the requirements of substantially level or declining annual debt service and in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium received by the City, does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended. Following said adjustments, the par amount of the Bonds is determined to be $21,640,000 and said Bonds shall mature on April i in each of the years and principal amounts as set forth below: 1151628.1036191 CLD $ 1,730,000 in the year 2013; 1,705,000 in the year 2014; 1,755;000 in the year 2015; 1,805,000 in the year 2016; 1,860,000 in the year 2017; 1,915,000 in the year 2018; 1,995,000 in the year 2019; 2,095,000 in the year 2020; 2,180,000 in the year 2021; 2,265,000 in the year 2022, and 2,335,000 in the year 2023. (b) The gross true interest cost and true interest rate for the Bonds, following adjustment of the principal amounts, is: Par Amount of Bonds .............. ............................... $ 21,640,000.00 Premium .................................. ............................... 1,588,888.55 Underwriter's Discount ........... ............................... 302,960.00 Accrued Interest ...................... ............................... 0.00 True Interest Cost .................... ............................... 2.4891732% (c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $22,925,928.55. (d) As a result of the adjustments to the annual maturities of the Bonds, the consolidated maturity schedule prepared by Capital Markets Advisors LLC has been revised and Schedule I attached to the Certificate of Determination dated April 2, 2012 is hereby revised to read as appears in Exhibit A attached hereto. 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 1151628.1 036191 CLD 5� 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. IN WITNESS WHEREOF, I have hereunto set my hand as of the 17th day of April, 2012. Comptroller RECEIVED AND FILED 1151628.1036191 CLD J� EXHIBIT A Consolidated Maturity Schedule for the 2012A Bonds, as of April 17, 2012 1151628.1 036191 CLD SCHEDULE I - 2012 A BONDS Page 1 of 6 post -sale Page 2 of 6 past -safe GCNFf11 u C= t Page 3 of 6 post -sale Page 4 of 6 SCHEDULE 1- 2012 A sahJnG post -sale SCHEDULE 1- 2012 A BONDS Page 5 of 6 post -sale SCHEDULE 1- 2012 A BONDS Page 6 of 6 post -sale Cf'o e CLERK'S CERTIFICATE 1, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before April 30, 2012. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. ity Clerk (SEAL) 1151628.1036191 CLD 00 1 1 !, 2 COMPTROLLER'S CERTIFICATE OF AWARD FOR THE SERIES B BONDS 1, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City'), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On April 17, 2012, at 11:15 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211 North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by facsimile transmission. 2. At that time and place, five (5) sealed bids were received for the purchase of $5,000,000 School Serial Bonds -2012B of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the Comptroller as ofApril 2, 2012, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that UBS Financial Services Inc., New York, New York, was the successful bidder to whom the bonds were then awarded, at the purchase price of $1,247,891.66, plus accrued interest, if any, from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life ofthe Bonds, computed as follows: v 1151628.1 036191 CLD v Total Interest Cost ...................... ............................... $1,246,629.31 Less the Amount of the 1,2621.35 Net Premium Bid Above Par ..... ............................... Net Interest Cost ......................... ............................... 1,245,366.96 TIC............................................. ............................... 2.959068 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 2013, at 3.00 %; Bonds maturing in the year 2014, at 2.00 %; Bonds maturing in the year 2015, at 3.00 %; Bonds maturing in the years 2016 and 2017, at 2.00 1 /o; Bonds maturing in each of the years 2018 to 2025, inclusive, at 3.00 %; Bonds maturing in the year 2026, at 3 -1/8 %, and Bonds maturing in the year 2027, at 3.25 %, such rates of interest being the rates necessary for the City to sell said Bonds. 6. Payment of principal of and interest on the Bonds will be insured by a Municipal Bond Insurance Policy to be issued by Assured Guaranty Municipal Corp. ( "AGM "), simultaneously with the delivery of the Bonds. The amount payable to AGM, as premium for the policy on the Bonds will be paid to AGM by UBS Financial Services Inc., New York, New York, the purchaser of the Bonds, at the closing on April 30, 2012. 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. 1151628.1436191 CLD p IN WITNESS WHEREOF, I have hereunto set my hand as of the 17th day of April, 2012. RMASMAM, U1 "I A4)tryl 1151628.103619I CLD CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City CIerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that i have compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before April 30, 2012. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. ity Jerk (SEAL) a� 1151628.1036191 CLD 0 0 1 0 4 GA COMPTROLLER'S CERTIFICATE OF AWARD FOR THE 2012C BONDS 1, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On April 17, 2012, at 11:30 A.M. (Prevailing Time), bids were received at the Offices of Capital Markets Advisors, LLC, 4211 North Buffalo Road, Suite 19, Orchard Park, New York, 14127, via iPreo's Parity Electronic Bid Submission System and by facsimile transmission. 2. At that time and place, four (4) sealed bids were received for the purchase of $13,965,000 General Obligation Refunding Bonds -2012C of the City (the "Bonds "), pursuant to the Notice of Sale, dated April 2, 2012 (the "Original Notice of Sale ") heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the City Comptroller as of April 2, 2012, and the Supplemental Notice of Sale, dated April 12, 2012 (the "Supplemental Notice of Sale" and together with the Original Notice of Sale, the "Notice of Sale "), and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that Raymond James & Associates, Inc., New York, New York, was the successful bidder to whom the bonds were then awarded, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: 1151928.1436402 CLD Total Interest Cost ...................... ............................... $1,977,694.58 Less the Amount of the Net Premium Bid Above Par ..... ............................... 545,6 4.70 Net Interest Cost ......................... ............................... $1,432,039.88 TIC.......... ............................... ............................... 2.240491% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing on June 1, 2012, at 2.00 %; Bonds maturing on December 1, 2012, at 2.00 %; Bonds maturing on December 1, 2013 and 2014, at 3.00 %; Bonds maturing on December 1, 2015 to December 1, 2017, inclusive, at 4.00 %, and Bonds maturing on December 1, 2018 to December 1, 2024, inclusive, at 3.00 %, such rates of interest being the rates necessary for the City to sell said Bonds. 6. (a) As set forth in the Certificate of Determination, it is further determined that the par amount of the Bonds and annual maturities shall be adjusted in order to effectuate the City's plan of refunding. Following said adjustments, the par amount of the Bonds is determined to be $13,225,000 and said Bonds mature in the principal amounts, as set forth below: $ 105,000 on June 1, 2012; 1,125,000 on December 1, 2012; 1,810,000 on December 1, 2013; 3,795,000 on December 1, 2014; 1,420,000 on December 1, 2015; 645,000 on December 1, 2016; 655,000 on December 1, 2017; 645,000 on December 1, 2018; 625,000 on December 1, 2019; 460,000 on December 1, 2020; 465,000 on December 1, 2021; 475,000 on December 1, 2022; 495,000 on December 1, 2023, and 505,000 on December 1, 2024. (b) The gross true interest cost and true interest rate for the Bonds, following 1151925.1 036402 CLb r Y adjustment of the principal amounts, is: Par Amount of Bonds .............. ............................... $ 13,225,000.00 Premium .................................. ............................... 666,567.25 Underwriter's Discount .......................................... 152,087.50 Accrued Interest ...................... ............................... 0.00 True Interest Cost .................... ............................... 2.2521382% (c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $13,739,479.75. (d) The principal amounts of the Bonds shall be allocated among the various objects or purposes for which each respective series of the Refunded Bonds, as this term is defined in the Certificate of Determination, dated April 2, 2012, were issued in accordance with the schedules attached hereto as Appendix A attached hereto and made a part hereof. 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. [Signature page follows] 1151928.1036402 CLD 1 P IN WITNESS WHEREOF, I have hereunto set my hand as of the 17th day of April, 2012. 1151928.1036402 CLD G\_.] glefll /:�1 Local Finance Law Compliance Schedules for Refunded Bonds 11519.28.1 036402 CLD CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before April 30, 2012. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. C' Cl rk (SEAL) 11 I151928.1036402 CLD 0 0 13 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF $15,265,000 GENERAL OBLIGATION REFUNDING BONDS -2012C OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING FOR THEIR PUBLIC SALE. I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: 1. (a) Authorization Principal Amount Maturt Schedule and Designation. Refunding serial bonds in the principal amount of $15,265,000 and designated as "General Obligation Refunding Bonds- 2012C" (referred to hereinafter as the "Refunding Bonds" or the "Bonds ") authorized pursuant to the Refunding Bond Resolution duly adopted by the City Council on March 6, 2012 (the "Resolution "), entitled: "Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding bonds of said City, stating the plan of financing, appropriating an amount not to exceed $21,400,000 therefor, authorizing the issuance of $21,400,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto," shall be issued to refund the following: (i) $27,335,000 Refunding Serial Bonds - 1998 -C (the "1998 -C Bonds ") maturing in each of the years 2012 to 2024, inclusive, in the aggregate principal amount of $7,925,000 (the . V 1151928.1 036402 CLD "1998 -C Refunded Bonds' ), which bonds were issued pursuant to various bond resolutions adopted by the Common Council of the City on their respective dates to finance various purposes in and for the City; and such 1998 -C Refunded Bonds mature on the dates and in the principal amounts and bear interest payable semiannually on June 1 and December 1 in each year to maturity, as follows: Interest Principal Maturity Date Rate Amount December 1, 2012 5.25% $1,050,000 December 1, 2013 5.25 1,075,000 December 1, 2014 5.25 1,100,000 December 1, 2015 5.00 375,000 December 1, 2016 5.00 395,000 December 1, 2017 5.00 415,000 December 1, 2018 5.00 435,000 December 1, 2019 5.00 455,000 December 1, 2020 5.00 480,000 December 1, 2021 5.00 500,000 December 1, 2022 5.00 520,000 December 1, 2023 5.00 550,000 December 1, 2024 5.00 575,000 The 1998 -C Refunded Bonds are subject to redemption prior to maturity, in whole or in part, in inverse order of their maturity (selected by lot within a maturity) on any interest payment date, at the redemption price of 100% of the par amount of the 1998 -C Refunded Bonds to be redeemed, plus accrued interest to the date of redemption. At the closing, the City shall provide irrevocable instructions to Manufacturers and Traders Trust Company, as Escrow Holder, to mail to the registered holders of the 1998 -C Refunded Bonds, as the names and addresses of such holders shall appear on the books and records of the paying agent for the 1998 - C Refunded Bonds, as required by Section 53.00 of the Local Finance Law, a notice to be mailed not less than thirty (30) days prior to the date set for redemption (June 1, 2012), setting forth the date set for redemption of the 1998 -C Refunded Bonds maturing on or after December 1, 2012. 1151928.1 036402 CLD ,J (ii) $31,585,000 Refunding Serial Bonds - 2001 -C (the "2001 -C Bonds ") maturing in each of the years 2013 to 2019, inclusive, in the aggregate principal amount of $6,635,000 (the "2001 -C Refunded Bonds" and together with the 1998 -C Refunded Bonds, the "Refunded Bonds "), which bonds were issued pursuant to various bond resolutions adopted by the Common Council of the City on their respective dates to finance various purposes in and for the City; and such 2001 -C Refunded Bonds mature on the dates and in the principal amounts and bear interest payable semiannually on June 1 and December I in each year to maturity, as follows: Interest Principal Maturity ate Rate Amount December 1, 2013 4 -518% $ 790,000 December 1, 2014 5 -118 2,820,000 December 1, 2015 5.25 1,225,000 December 1, 2016 5.00 455,000 December 1, 2017 5.00 455,000 December 1, 2018 5.00 450,000 December 1, 2019 5.00 440,000 The 2001 -C Refunded Bonds maturing on or after December 1, 2012 are subject to redemption prior to maturity, in whole or in part, and if in part in any order of their maturity and in any amount within a maturity (selected by lot within a maturity) on any date, at the redemption price of 100% of the par amount of the 2001 -C Refunded Bonds to be redeemed, plus accrued interest to the date of redemption. At the closing, the City shall provide irrevocable instructions to Manufacturers and Traders Trust Company, as Escrow Holder, to mail to the registered holders of the 2001 -C Refunded Bonds maturing on or after December 1, 2013, as the names and addresses of such holders shall appear on the books and records of the paying agent for the 2001 -C Refunded Bonds, as required by Section 53.00 of the Local Finance Law, a notice to be mailed not less than thirty (30) days prior to the date set for redemption (May 30, 2012), 1151928.1 036402 CLD , setting forth the date set for redemption of the 2001 -C Refunded Bonds maturing on or after December 1, 2013. (b) The Refunding Bonds shall be issued to refund the Refunded Bonds and shall mature in the principal amounts as set forth below and shall bear interest at respective interest rates per annum specified by the winning bidder payable on June 1, 2012, December 1, 2012 and semiannually thereafter on June 1 and December 1 in each year until maturity. Principal Maturity Date Amount June 1, 2012 $ 200,000 December 1, 2012 1,385,000 December 1, 2013 2,140,000 December 1, 2014 4,090,000 December 1, 2015 1,660,000 December 1, 2016 860,000 December 1, 2017 850,000 December 1, 2018 840,000 December 1, 2019 820,000 December 1, 2020 465,000 December 1, 2021 470,000 December 1, 2022 480,000 December 1, 2023 495,000 December 1, 2024 510,000 (c) Following the sale of the Bonds as provided for in paragraph 12 hereof, the aggregate par amount of Bonds may be decreased in an amount not in excess of the premium offered by the successful bidder and the amount of each annual maturity, as set forth herein, may be adjusted to the extent necessary, in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium, if any, received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended. 1151928.1036402 CLD o� (2) Interest Rate, Dates and Medium of Payment The Bonds shall bear interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in multiples of one - hundredth of 1 % or multiples of one- eighth of 1 % which the Bonds are to bear, and said bidder may state different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be determined by the undersigned Comptroller upon the receipt of bids therefor, as hereinafter set forth, payable on June 1, 2012, December 1, 2012 and semi - annually thereafter on June I and December 1 in each year until maturity, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date. (3) Bonds Subject to Prior Redemption The Bonds maturing on or after December 1, 2022 will be subject to redemption prior to maturity at the option of the City on December 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered 1151928.1 036402 CLD ,I \,D owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See "BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions. If the Bonds are not registered in book -entry form, any redemption of less than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula: rinci al to be redeemed x (principal amount owned b owner (principal amount outstanding) Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days prior to the date set for any such redemption. if notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. (4) Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason 1151928.1 036402 CLD iN' of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. (5) Denominations, Numbers and Letters The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple or which includes the authorized multiple, not exceeding the aggregate principal amount of Bonds maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The Bonds shall be lettered CR, and shalI be numbered separately from one (1) consecutively upward in the order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein. (6) Book -Entry System The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on 1151928.1 036402 CLD 'I z the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds maturing in such year. Beneficial owners of the Bonds will not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or Iiable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. (7) Discontinuance of Book Entr System. In the event that (a) DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 1151928.1036402 CLD /J� (8) Fiscal Agent Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. (9) Execution of Bonds The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. (10) Transfer of Bonds Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. (11) Regulations With Respect to Exchanges and Transfers In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver 1151928.1 036402 CLD q Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. (12) Sale of Bonds The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on April 17, 2012 , until 11:30 a.m. (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notice of Sale, in substantially the form as provided in Appendix A, which shall be published at least once in "The Bond Buyer, " published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of said sale. The successful bidder may neither withdraw nor modify its bid as a result of any post -bid adjustment affecting the amount of any maturity or the aggregate amount of the Bonds as described in paragraph 1 hereof. In adjusting the par amount of the Bonds following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the original bid. "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by the par amount of the Bonds bid. The Bonds of each maturity, as adjusted, will bear interest at the same rate and must have the same initial 1151928.1036402 CLD reoffering yields as specified for that maturity by the successful bidder for the Bonds. The award will be made to the bidder whose bid produces the lowest true interest cost rate solely on the basis of the Bonds offered, without taking into account any adjustment in the amount of Bonds as described in paragraph 1. Delivery of the Bonds shall be effected on or about April 30, 2012, upon (i) receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. (13) Form of Bonds Said Bonds shall be in substantially the form set forth in Appendix B hereto. (14) SEC Rule 15c2 -12 In order to assist bidders in complying with Rule 15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance of the successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix C hereto. Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. 1151928.1 036402 CLD p IN WITNESS WHEREOF, I have hereunto set my hand as of the 2nd day of April, 2012. Jt Comptroller 1151928.1 036402 CLD CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as City Clerk on or before April 30, 2012; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th day of October, 1945, and Resolution No. 160, duly adopted on the 1st day of November, 1994, referred to in said Certificate, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. (SEAL) n Ci 1 rk 115 1928.1036402 CLD 4 APPENDIX A 1151928.1 036402 CLD f CITY OF BUFFALO IN THE COUNTY OF ERIE, NEW YORK NOTICE OF BOND SALE $15,265,000' General Obligation Refunding Bonds -2012C SEALED PROPOSALS will be received by the undersigned Comptroller (the "Sale Officer ") of the City of Buffalo, in the County of Erie, New fork (the "City "), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission (see "Submission of Bids" herein), on Tuesday, April 17, 2012 until 11:30 a.m. (local time) at which time they will be opened publicly and announced for the purchase of $15,265,000* General Obligation Refunding Bonds -2012C of the City (the "Bonds "), due on June 1, 2012 and December I thereafter, in the annual principal installments as shown below. The Bonds will be dated the date of delivery (the "Dated Date"), Following the sale of the Bonds, the total par amount of the issue, purchase price and amounts of the maturities of the Bonds are subject to change depending upon the actual interest rates bid and the successful bidder's initial reoffering yields, in order to effectuate the City's plan of refunding certain outstanding bonds referred to herein. Accordingly, the City reserves the right, in its discretion, but only to the extent necessary, to increase or decrease the par amount of the issue and the maturities of the Bonds, in order that the City can effectuate the most cost effective refunding of said outstanding bonds. Any adjustments shall, to the extent necessary, also effectuate and provide for substantially level or declining debt service for the Bonds. Such adjustments will be made within two (2) hours following the opening of the bids. The successful bidder may neither withdraw nor modify its bid as a result of any such post -bid adjustment. The Bonds of each maturity, as adjusted, will bear interest at the same rate and must have the same initial reoffering yields as specifed for that maturity by the successful bidder for the Bonds. In adjusting the paramount of the Bonds following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the original bid "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by the par amount of the Bonds bid. However, the award will be made to the bidder whose bid produces the lowest true interest cost rate, calculated as specified herein, safely on the basis of the Bonds offered, without taking into account any adjustment in the amount of Bonds pursuant to this paragraph. Any such adjustment shall be conclusive, and shall be binding upon the successful bidder. THE CITY RESERVES THE RIGHT TO CHANGE THE TIME AND /OR DATE FOR THE OPENING OF BIDS, THE AMOUNT OF PRINCIPAL SCHEDULED TO BE REPAID IN EACH YEAR OF THE BOND MATURITIES, OR THE RIGHT OF REDEMPTION PRIOR TO MATURITY. NOTICE OF ANY SUCH CHANGE SHALL BE PROVIDED NOT LESS THAN ONE (1) HOUR PRIOR TO THE TIME SET FORTH ABOVE FOR THE OPENING OF BIDS BY MEANS OF A SUPPLEMENT TO THE NOTICE OF SALE TO BE TRANSMITTED OVER THE THOMSON MUNICIPAL NEWS WIRE OR TM3. Preliminary, subject to change. Date of Date of Amount * Maturity Amount * Maturity $ 200,000 June 1, 2012 $ 840,000 December 1, 2018 1,385,000 December 1, 2012 820,000 December 1, 2019 2,140,000 December 1, 2013 465,000 December 1, 2020 4,090,000 December 1, 2014 470,000 December 1, 2021 1,660,000 December 1, 2015 480,000 December 1, 2022 860,000 December 1, 2016 495,000 December 1, 2023 850,000 December 1, 2017 510,000 December 1, 2024 THE CITY RESERVES THE RIGHT TO CHANGE THE TIME AND /OR DATE FOR THE OPENING OF BIDS, THE AMOUNT OF PRINCIPAL SCHEDULED TO BE REPAID IN EACH YEAR OF THE BOND MATURITIES, OR THE RIGHT OF REDEMPTION PRIOR TO MATURITY. NOTICE OF ANY SUCH CHANGE SHALL BE PROVIDED NOT LESS THAN ONE (1) HOUR PRIOR TO THE TIME SET FORTH ABOVE FOR THE OPENING OF BIDS BY MEANS OF A SUPPLEMENT TO THE NOTICE OF SALE TO BE TRANSMITTED OVER THE THOMSON MUNICIPAL NEWS WIRE OR TM3. Preliminary, subject to change. fb The Bonds will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance herewith, payable on June 1, 2012, December I, 2012 and semi - annually thereafter on June 1 and December i in each year until maturity or prior redemption. Interest on the Bonds will be calculated on the basis of a 360 -day year, consisting of twelve 30 -day months. The Bonds will be issued in the form of fully registered certificated Bonds, in denominations corresponding to the total principal amounts due in each year of maturity. As a condition to delivery of the Bonds, the successful bidder will be required to cause such Bond certificates to be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC"), and (ii) deposited with DTC to be held in trust until maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearing house funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Optional Redemption The Bonds maturing on or after December 1, 2022 will be subject to redemption prior to maturity at the option of the City on December 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. Selection of Bonds to be Redeemed on or after December 1, 2021 So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See `BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions. If the Bonds are not registered in book -entry form, any redemption of less than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula; (principal to be redeemed) x (principal amount owned by owner) (principal amount outstanding) Notice of Redemption Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. Submission of Bids Bidders may only bid to purchase all of the Bonds. No bid for less than 100% of par shall be considered. Bidders must name the rate or rates of interest per annum which the Bonds are to bear in multiples of one - hundredth or one - eighth of one per centum. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that the highest rate of interest stated for any maturity may not exceed 5.5% per annum, In no event shall the true interest cost for the issue received by the City exceed 5.0 %. Bidders must provide the reoffering price for such Bonds to the City immediately upon award. The City reserves the right to reject any and all bids (regardless of the interest rate bid), to reject any -2- bid not complying with this official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Bids may be submitted electronically via Parity or via facsimile transmission in accordance with this Notice of Sale, until the time specified herein, No other form of electronic bidding services nor telephone proposals will be accepted. No bid received after the time for receiving bids specified above will be considered. Bids may also be submitted by facsimile at (7I6) 662 -6684. Bidders submitting proposals via facsimile must use the bid form attached hereto. Once the bids are communicated via facsimile or electronically via Parity to the City, each bid will constitute an irrevocable offer to purchase the Bonds pursuant to the terms therein provided. Registration to Bid Prospective bidders wishing to submit electronic bids must be contracted customers of Parity. Prospective bidders who do not have a contract with Parity, must call (212) 849 -5021 to become a customer. By submitting an electronic bid for the Bonds, a bidder represents and warrants to the City that such bidder's bid for the purchase of the Bonds is submitted for and on behalf of such prospective bidder by an officer or agent who is duly authorized to bind the bidder to a legal, valid and enforceable contract for the purchase of the Bonds. If any provisions of this Notice of Sale shall conflict with information provided by Parity, as approved provider of electronic bidding services, this Notice of Sale shall control, Further information about Parity, including any fee charged, may be obtained from Parity at (212) 849 -5021. The time maintained by Parity shall constitute the official time with respect to all bids submitted through Parity. Disclaimer Each prospective bidder who wishes to submit electronic bids shall be solely responsible to register to bid via Parity. Each qualified prospective bidder shall be solely responsible to make necessary arrangements to access Parity for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the City nor Parity shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the City nor Parity shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of or any damages caused by Parity. The City is using Parity as a communications mechanism, and not as the City's agent, to conduct the electronic bidding for the City's Bonds. The City is not bound by any advice or determination of Parity as to whether any bid complies with the terms of this Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via Parity are the sole responsibility of the bidders, and the City is not responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in registering to bid, or submitting or modifying a bid for the Bonds, it should telephone Parity and notify the City's Financial Advisor, Capital Markets Advisors, LLC at 716- 662 -3910 (provided that the City shall have no obligation to take any action whatsoever upon receipt of such notice), Good Faith Deposit A good faith deposit (the "Deposit ") in the amount of $152,650 in the form of (i) a cashier's check payable to the order of said City of Buffalo, New York, or (ii) a wire transfer in accordance with instructions herein, is required for each bid to be considered. If a check is used, it must be sent to the Comptroller at 1225 City Hall, Buffalo, New York 14202. Bidders are instructed to contact Richard Calipari, Deputy Comptroller, at the above office address (Telephone No. 716 -851 -5269, Fax No. 716 -851- 4633), to obtain the City's wire instructions. The Deposit, whether by cashier's check or wire, should be received not later than 9:00 A.M. on the date of the sale, however, the City reserves the right to award the Bonds to a successful bidder whose wire transfer is initiated but not received by such time provided that such successful bidders fed wire reference number has been received. Moreover, a Fed wire reference number must be provided at the time the bid is submitted. The City shall not incur any liabilities from delays of or interruptions in the receipt of the Deposit by fed wire or return of the Deposit to the unsuccessful bidders. No interest on the Deposit will accrue to the purchaser or any other bidder. Basis of Award The Bonds will be awarded and sold to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest true interest cost ( "TIC "). The TIC will be determined by doubling the semiannual interest rate, compounded semiannually, necessary to discount the semiannual debt service payments on the Bonds from the payment dates to the Dated -3- q� Date of the Bonds and to the aggregate purchase price of the Bonds. If two or more such bidders offer the same lowest true interest cost, then one of such bidders will be selected by the Sale Officer by lot from among all such bidders. The successful bidder must also pay an amount equal to the interest on the Bonds accrued from their Dated Date to the date of payment of the purchase price, if any. When the successful bidder has been ascertained, the Sale Officer will promptly return all deposits made to the persons making the same, except the Deposit made by such successful bidder. The successful bidder will be notified of the award to him, and if he refuses or neglects to pay the agreed price of the Bonds less the amount deposited by him, the amount deposited by him shall be forfeited to and retained by the City as liquidated damages for such neglect or refusal. The Deposit will be retained by the City and: (a) will be applied, without allowance for interest, against the purchase price when the Bonds actually are delivered to and paid for by such successful bidder; or (b) will be retained by the City as liquidated damages if the bidder defaults with respect to the bid; or (c) will be returned to the bidder if the Bonds are not issued by the City for any reason which does not constitute a default by the successful bidder. The Bonds will be delivered to DTC and shall be paid for in Federal Funds on or about April 30, 2012 in New York City, or on such business day and at such hour, as the Sale Officer shall fix on three business days' notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder. The deposit of the Bonds with DTC under a book -entry system requires the assignment of CUSIP numbers prior to delivery. It shall be the responsibility of the successful bidder to obtain CUSIP numbers for the Bonds prior to delivery and the City will not be responsible for any delay occasioned by the inability to deposit the Bonds with DTC due to the failure of the successful bidder to obtain such numbers and to supply them to the City in a timely manner. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the successful bidder. The City reserves the right to reject all bids. Any bid which fails to substantially comply with the terms of this notice will be rejected. Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder, Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof: Other Information The proceeds of the Bonds will be used to provide funds to refund all or a portion of the outstanding principal of the $27,335,000 Refunding Serial Bonds, 1998 -C and $31,585,000 Refunding Serial Bonds, 2001 -C of the City, as further described in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The debt statement to be filed pursuant to §109,00 of the Local Finance Law in connection with the sale of the Bonds, prepared as of March 2, 2012, will show the average full valuation of real estate subject to taxation by the City to be $6,496,017,510, its debt limit to be $584,641,576 and its total net indebtedness subject to the debt limit (exclusive of the Bonds) to be $282,947,893. The issuance of the Bonds is expected to increase the total net indebtedness of the City by $15,265,000 *. In addition, the City expects to issue its $22,000,000* General Improvement Serial Bonds - 2012A (the "2012A Bonds ") and its $5,000,000* School Serial Bonds - 2012B (the "2012B Bonds "), simultaneously with the Bonds. The issuance of the 2012A Bonds and the 20128 Bonds is expected to increase the total net indebtedness of the City by approximately $27,000,000 *. The Bonds are general obligations of the City. The State Constitution requires the City to pledge its faith and credit for the payment of the principal of the Bonds and the interest thereon and to make annual appropriations for the amounts required for the payment of such interest and the redemption of the Bonds. For the payment of such principal of and interest on the Bonds, the City has the power and statutory authorization to levy ad valorem taxes on all taxable real property in the City, subject to certain statutory limitations imposed by Chapter 97 of the Laws of 2011 (the "New Tax Levy Limit Law"). See "New Tax Levy * Preliminary, subject to change. -4- Limit Law" and "Legal Matters and the New Tax Levy Limit Law" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The State Constitution also provides that if at any time the appropriating authorities fail to make the required appropriations for the annual debt service on the Bonds and certain other obligations of the City, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied for such purposes, and also that the chief fiscal officer of the City may be required to set apart and apply such revenues as aforesaid at the suit of any holder of such obligations. Approving Legal Opinion The successful bidder will be furnished without cost with the approving opinion of the law firth of Hawkins Delafield & Wood LLP, New York, New York, Bond Counsel to the City, to the effect that the Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit and, unless paid from other sources, all the taxable real property within the City is subject to the levy of ad valorem real estate taxes to pay the Bonds and interest thereon, subject to the limitations imposed by the Chapter 97 of the Laws of 2011 (the "New Tax Levy Limit Law "). Prior to the enactment of the New Tax Levy Limit Law, all the taxable real property within the City had been subject to the levy of ad valorem taxes to pay the Bonds and interest thereon without limitation as to rate or amount; however, the power of the City to levy unlimited real estate taxes on all the real property in the City may or may not be subject to the statutory limitations imposed by the New Tax Levy Limit Law, depending upon the interpretation of such statute by a court of competent jurisdiction in the event of a legal challenge. See "New Tax Levy Limit Law" and "Legal Matters and the New Tax Levy Limit Law" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. Said opinion shall also contain further statements to the effect that (a) the enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency, or other laws affecting creditors' rights or remedies heretofore or hereafter enacted, and (b) said law firm has not been requested to examine or review and has not examined or reviewed the accuracy or sufficiency of the Official Statement of the City relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City or the Bonds which have been or may be furnished or disclosed to purchasers of the Bonds, and expresses no opinion with respect to such financial statements or other information, or the accuracy or sufficiency thereof. In the opinion of Hawkins Delafield & Wood LLP, Bond Counsel to the City, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on any Bonds issued is excluded from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and (ii) interest on any Bonds issued is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest is, however, included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed upon such corporations. The tax certificate of the City (the "Tax Certificate "), which will be delivered concurrently with the delivery of any Bonds issued will contain provisions and procedures relating to compliance with applicable requirements of the Code. In rendering its opinion, Bond Counsel has relied on certain representations, certifications of fact, and statements of reasonable expectations made by the City and others in connection with any Bonds issued, and Bond Counsel has assumed compliance by the City with certain provisions and procedures set forth in the Tax Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on any Bonds issued from gross income under Section 103 of the Code. The successful bidder may at its option refuse to accept any Bonds issued if prior to their delivery the certificate referred to in the preceding paragraph in form and tenor satisfactory to Bond Counsel is not delivered or if any income tax law of the United States of America is hereafter enacted which shall provide that the interest thereon is taxable, or shall be taxable at a future date, for fcderal income tax purposes, and in such case the deposit made by the successful bidder will be returned and the successful bidder will be relieved of its contractual obligations arising from the acceptance of its proposal. In addition, in the opinion of Bond Counsel, under existing statutes, interest on any Bonds issued is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Bond Counsel expresses no opinion regarding any other Federal or state tax consequences with respect to any Bonds issued. Bond Counsel renders its opinion under existing statutes and court decisions as of the issue date, and assumes no obligation to update its opinion after the issue date to reflect any future action, fact or circumstance, or change in law or interpretation thereof, or otherwise. Bond Counsel expresses no opinion on the effect of any action taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for Federal income tax purposes of interest on any Bonds issued. -S- 0 1 b Reoffering Price Certificate of Winning Bidder The successful bidder must submit to the City a certificate with respect to the Bonds ( "Reoffering Price Certificate "), satisfactory to Bond Counsel, prior to the delivery of the Bonds, which states that: (a)(i) on the date of award, such successful bidder made a bona fide public offering of all Bonds of all maturities at initial offering prices corresponding to the prices or yields indicated in the information famished in connection with the successful bid, and (ii) as of such date, the first price or yield at which an amount equal to at least ten percent of each maturity of the Bonds was sold to the public was, respectively, a price not higher or a yield not lower than indicated in the information furnished with the successful bid (the "first price rule "), with the exception of those maturities, if any, identified in such certificate, as to which such certificate shall explain the reasons the first price rule was not satisfied, and (iii) as of such date, the successful bidder reasonably expected that the Bonds would be initially sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices not higher or yields lower than indicated in the information furnished with the successful bid, and such prices and yields, maturity -by- maturity, represented the successful bidder's best judgment of the fair market value of the Bonds, OR (b) such successful bidder has purchased the Bonds for its own account and not with a view to distribution or resale and not in the capacity of a bond house, broker or other intermediary, and the price or prices at which such purchase was made. For the purposes of the Reoffering Price Certificate, the "public" does not include bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers. In making such representations, the successful bidder must reflect the effect on the offering prices of any "derivative products" (e.g., a tender option) used by the bidder in connection with the initial sale of any of the Bonds. Official Statement and Continuing Disclosure The City will provide a reasonable number of Official Statements to the successful bidder within five (5) business days following receipt of a written request therefore made to the City. Such request may specify the applicable (a) offering price(s), (b) selling compensation, (c) rating(s), (d) credit enhancement and (e) identity and complete name of the bidder and any participating underwriters, and if so, the Official Statement will be modified or supplemented by the information so specified. The City shall not be liable in any manner for any delay, inaccuracy, or omission on the part of any successful bidder with respect to such request, nor shall the City's failure, as a result thereof, to provide the Official Statement (whether or not modified or supplemented) within the above time period, constitute cause for a failure or refusal by such bidder to accept delivery of and pay for the Bonds in accordance with the terms hereof, The Preliminary Official Statement, dated the date hereof, is in a form "deemed final" by the City for the purpose of Securities and Exchange Commission Rule 15c2 -12 but is subject to modification or supplementation as noted above. In order to assist bidders in complying with Rule 15c2 -12 and as part of the City's contractual obligation arising from its acceptance of each successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure." Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and notice of the occurrence of certain material events, as enumerated in said Rule 15c2 -12. The obligations hereunder to deliver or accept the Bonds pursuant hereto shall be conditioned on the availability to the successful bidder and delivery at the time of delivery of the Bonds of the approving opinion of Bond Counsel; of certificates in form and tenor satisfactory to such law firm evidencing the proper execution and delivery of the Bonds and receipt of payment therefor and including a statement, dated as of the date of such delivery, to the effect that there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened relating to the Bonds; and of the several certificates as described in the Official Statement under the heading "Documents Accompanying Delivery of the Bonds." A copy of the Notice of Sale and the Preliminary Official Statement may be obtained upon request from the Office of the Comptroller of the City of Buffalo, Buffalo, New York, at (716) 851 -5269, or from the office of Capital Markets Advisors, -6- 0�k LLC, (716) 662 -3910. This Notice of Sale, as well as the Preliminary Official Statement are also available electronically on the Internet at www.munios.com, For more information, please contact either Richard Calipari, Deputy Comptroller, at the City (716) 851 -5269 or Rich Ganci at Capital Markets Advisors, LLC, (716) 662 -3910. Dated: April 2, 2012 Hon. Mark I. F. Schroeder Comptroller and Chief Fiscal Officer -7- kir CITY OF BUFFALO, NEW YORK OFFICIAL BID FORM FOR $15,265,000' GENERAL OBLIGATION REFUNDING BONDS -2012C April 17, 2012 (bid opening at II:30 AM) Telephone No. 716 -662 -3910 Fax No, 716- 662 -6684 To: Hon. Mark J. F, Schroeder Comptroller, City of Buffalo c/o Capital Markets Advisors, LLC 4211 North Buffalo Road, Suite 19 Orchard Park, New York, 14127 Dear Comptroller Schroeder: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated April 2, 2012, which is hereby made a part of this Proposal, we offer to purchase all of the $15,265,000* General Obligation Refunding Bands -2012C of the City of Buffalo, New York, described in said Notice of Sale, and to pay therefor the price of $15,265,000* plus $ plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided that the Bonds maturing in the several years set forth below shall bear interest from their date until maturity at the respective rates per annum stated in the following table: Date of Principal Date of Principal Ma turity Amount * Rate M aturity Amount * Rate June 1, 2012 $ 200,000 December 1, 2018 $840,000 December 1, 2012 1,385,000 December 1, 2019 820,000 December 1, 2013 2,140,000 December 1, 2020 465,000 December 1, 2014 4,090,000 December 1, 2021 470,000 December 1, 2015 1,660,000 December 1, 2022 480,000 December 1, 2016 860,000 December 1, 2023 495,000 December 1, 2017 850,000 December I, 2024 510,000 Deposit Requirement: ❑ _ We enclose herewith a cashier's check in the sum of $152,650, made payable to the order of the City of Buffalo, New York. © We sent a Fed wire transfer of $152,650 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for liquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) * Preliminary, subject to change. -8- The following is our computation of the true interest cost, made as provided in the above - mentioned Notice of Sale, but not constituting any part of the foregoing Proposal for the purchase of $15,265,000' bonds under the foregoing Proposal: Par Amount of the Bonds .............................. $ Add: Premium ......................... ............................... $ Accrued Interest ............. ............................... $ Target Value for Calcu lation ......................... $ True Interest Rate ................ (four decimals) Return of the good faith check or Fed wire transfer on April 17, 2012, in the amount of $152,650 from the City of Buffalo, New York, is hereby acknowledged: By: Telephone ( } Facsimile ( ) - * Preliminary, subject to change. -9- �a APPENDIX B REGISTERED BOND FORM NO. CR $ UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO GENERAL OBLIGATION REFUNDING BOND - 2012C MATURITY DATE INTEREST RATE DATE OF ORIGINAL ISSUE CUSIP (June 1,) % (December 1,) REGISTERED OWNER: PRINCIPAL SUM: April 30, 2012 CEDE & CO. REGISTERED 119677 DOLLARS The CITY OF BUFFALO, in the County of Erie, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at Manufacturers & Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such PRINCIPAL SUM from April 30, 2012 or from the most recent interest payment date to which interest has been paid at the INTEREST RATE (stated above), payable on June 1, 2012, December 1, 2012 and semiannually thereafter on June 1 and December I of each year until maturity or redemption prior to maturity as set forth herein. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond and applicable redemption premium, if any, are payable in any coin or currency of the United States of America which, at the date of payment, is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. 1151928.1 036402 CLD The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the CITY OF BUFFALO has caused this bond to be executed in its name by the manual signature of its Comptroller and a facsimile of its corporate seal to be reproduced hereon. CITY OF BUFFALO by mptroller 1151928.1 036402 CLD � City of Buffalo, New York General Obligation Refunding Bond - 2012C This bond is one of an authorized 'issue, the principal amount of which is ($15,265,000), the bonds of which are of like tenor, except as to number, maturity, interest rate and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), a Refunding Bond Resolution duly adopted by the Common Council of said City on March 6, 2012 authorizing the issuance of not to exceed $21,400,000 refunding bonds of the City to provide funds required by the City to refund certain serial bonds heretofore issued by the City as referred to therein, and a Certificate of Determination executed by the Comptroller as of April 2, 2012, determining the terms, form and details of issuance of said serial bonds (the "Bonds ") and providing for the public sale thereof (the "Certificate of Determination "). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of New York (the "Act "), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution "). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee "), in Buffalo, New York. The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds maturing in any year. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose at the corporate trust department of the Fiscal Agent, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. 1151928.1 036402 CLD The Bonds maturing on or after December 1, 2022 will be subject to redemption prior to maturity at the option of the City on December 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. The Bonds shall be redeemable upon the giving of notice which identifies Bonds to be redeemed, by mailing such notice to the registered owners thereof at least 30 days prior to the date set for redemption at their respective addresses shown on the registration books of the City maintained by the Fiscal Agent. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the redemption price on the redemption date designated in the notice of redemption, and interest on such Bonds shall cease to accrue from and after the designated redemption date. 1151928.I 036442 CLD o t l Hawkins Delafield & Wood LLP One Chase Manhattan Plaza New York, New York 10005 April 30, 2012 The Common Council of the City of Buffalo, New York Ladies and Gentlemen: We have examined a record of proceedings relating to the sale and issuance of $15,265,000 General Obligation Refunding Bonds -2012C (the `Bonds ") of the City of Buffalo (the "City "), in the County of Erie, a municipal corporation of the State of New York. The Bonds are issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York, a Refunding Bond Resolution duly adopted by the Common Council of said City on March 6, 2012 authorizing the issuance of not to exceed $21,400,000 refunding bonds of the City to provide fiends required by the City to refund certain serial bonds heretofore issued by the City as referred to therein; and a Certificate of Determination executed by the Comptroller as of April 2, 2012, determining the terms, form and details of issuance of said bonds and providing for their public sale (the "Certificate of Determination "). The Bonds are dated April 30, 2012 and mature in the principal amounts and bear interest at the respective rates per annum payable on June 1, 2012, December 1, 2012 and semiannually thereafter on June 1 and December 1 in each year to maturity, as set forth below: Date of Principal Interest Date of Principal Interest Maturi Amount Rate Maturity Amount Rate The Bonds maturing on or before December 1, 2021 will not be subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2022 will be subject to redemption prior to maturity, at the option of the City, on December 1, 2021 and thereafter on any date, as a whole or in part, and if in part in any order of their maturity and in any amount within a maturity (selected by lot within a maturity) at such prices and subject to such notice and other conditions stated in the Bonds. The Bonds are issued only in fully registered form without interest coupons, in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company, an 1151928.1 036402 CLD l l automated depository for securities and clearinghouse for securities transactions which will maintain a book -entry system for recording the ownership interests in the Bonds. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. Purchases of ownership interests in the Bonds will be made in book -entry form in denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds maturing in such year. The Bonds are lettered CR and numbered separately from one consecutively upward. Pursuant to Chapter 97 of the Laws of 2011, effective June 24, 2011, a statutory limitation was imposed upon the City's power to increase its annual tax levy above a certain specified amount. In our opinion, said Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit for the payment thereof. The Bonds are payable from annual budgetary appropriations to pay the principal of and interest thereon, including ad valorem real estate taxes which may be levied on all the taxable real property within the City. Prior to the enactment of Chapter 97 of the Laws of 2011, all the taxable real property within the City has been subject to the levy of ad valorem taxes to pay the Bonds and interest thereon without limitation as to rate or amount; however, the power of the City to levy unlimited real estate taxes on all the real property in the City may or may not be subject to the statutory limitations imposed by Chapter 97 of the Laws of 2011, depending upon the interpretation of such statute by a court of competent jurisdiction in the event of a legal challenge. The enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency or other laws affecting creditors' rights or remedies heretofore or hereafter enacted. The Internal Revenue Code of 1986, as amended (the "Code "), establishes certain requirements that must be met subsequent to the issuance and delivery of the Bonds in order that interest on the Bonds be and remain excludable from gross income under Section 103 of the Code. The Comptroller of the City, in executing the Arbitrage and Use of Proceeds Certificate, has certified to the effect that the City will comply with the provisions and procedures set forth therein and that it will do and perform all acts and things necessary or desirable to assure that interest paid on the Bonds is excludable from gross income under Section 103 of the Code. We have examined such Arbitrage and Use of Proceeds Certificate delivered concurrently with the delivery of the Bonds, and in our opinion, such certificate contains provisions and procedures under which such requirements can be met. In our opinion, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on the Bonds is excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In rendering the opinion in this paragraph, we have (i) relied on the representations, certifications of fact, and statements of reasonable expectations made by the City in the Arbitrage and Use of Proceeds Certificate and others in connection with the Bonds, and (ii) assumed compliance by the City with certain 1151928.1 036402 C1.D ! provisions and procedures set forth in the Arbitrage and Use of Proceeds Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. Further, in our opinion, under existing statutes the interest on the Bonds is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Except as stated above, we express no opinion regarding any other federal or state tax consequences with respect to the Bonds. We render our opinion under existing statutes and court decisions as of the issue date, and we assume no obligation to update, revise or supplement our opinion after the issue date to reflect any future action, fact or circumstance, or change in law or interpretation, or for any other reason. We express no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for federal income tax purposes of interest on the Bonds, or on the exemption from state and local tax law of interest on the Bonds. Other than such record of proceedings, we have not been requested to examine or review and have not examined or reviewed the accuracy or sufficiency of the Official Statement relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City which have been or may hereafter be furnished or disclosed to purchasers of said Bonds, and we express no opinion with respect to any such financial or other information or the accuracy or sufficiency thereof. We have examined the executed first numbered Bond of the 2012 maturity of the Bonds and, in our opinion, the form of said Bonds and their execution are regular and proper. Very truly yours, Isl Hawkins Delafeld & Wood LLP 1151928.1036402 CLD y� CERTIFICATE AS TO LEGAL OPINION I, MARK J. F. SCHROEDER, Comptroller of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that on the date the bonds described in the opinion hereinabove mentioned were originally delivered and paid for, a written opinion as to the validity of such bonds, dated as of the date of such delivery and payment, was rendered by the law firm of Hawkins Delafield & Wood LLP, New York, New York, and that the foregoing, except as to omission of the date, is a true and correct copy of said opinion, signed duplicates of which have been filed in the corporate trust office of the Manufacturers & Traders Trust Company, Buffalo, New York, as Fiscal Agent. M Schroeder Con I r of the City of Buffalo 1151928.1036402 CLD }p [STATEMENT OF INSURANCE] 1151928.1 036402 CLD 14$ ASSIGNMENT FOR VALUE RECEIVED the Undersigned hereby sells, assigns, and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE the within bond and does hereby irrevocably constitutes and appoint ,Attorney to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be acknowledged or proved, or in the alternative, certified as to its genuineness by an officer of a bank or trust company Iocated and authorized to do business in New York State. NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 11 S 1928.1 036402 CLD IA APPENDIX C by the MSRB. UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE Section 1. Definitions "Annual Information" shall mean the information specified in Section 3 hereof. "EMMA" shall mean Electronic Municipal Market Access System implemented "GAAP" shall mean generally accepted accounting principles as in effect from time to time in the United States. "Holder" shall mean any registered owner of the Securities and any beneficial owner of Securities within the meaning of Rule 13d -3 under the Securities Exchange Act of 1934. 1�14MO N "Issuer" shall mean the City of Buffalo, a municipal corporation of the State of "MSRB" shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of the MSRB contemplated by this Agreement. "Purchaser" shall mean the financial institution referred to in the Certificate of Award, executed by the Comptroller as of April 17, 2012, "Rule" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 CFR Part 240, §240.15c2 -12), as amended, as in effect on the date of this Undertaking, including any official interpretations thereof issued either before or after the effective date of this Undertaking which are applicable to this Undertaking. "Securities" shall mean the Issuer's $13,225,000 General Obligation Refunding Bonds- 2012C, maturing in various principal amounts on June 1, 2012 and December 1 in each of the years 2012 to 2024, inclusive, and delivered on the date hereof. Section 2. Obligation to Provide Continuing Disclosure (a) The Issuer hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided to the EMMA System: (i) no later than 180 days after the end of each fiscal year, commencing with the fiscal year ending June 30, 2012, the Annual Information relating to such fiscal year, together with audited financial statements of the Issuer for such fiscal year if audited financial statements are then available; provided, however, that if audited financial statements are not then available, unaudited financial statements shall be provided with the Annual Information, and audited financial statements, if any, shall be delivered to the EMMA System within thirty (30) days after they become available and in no event later than 360 days after the end of each fiscal year; and in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of any of the following events with respect to the Securities: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices of determinations with respect to the tax status of the Securities, or other material events affecting the tax status of the Securities; (7) modifications to rights of Securities holders, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Securities, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the Issuer; Note to clause (12 For the purposes of the event identified in clause (12) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or government authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer; (13) the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the 1 1 �u Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of a failure to provide by the date set forth in Section 2(a)(i) hereof any Annual Information required by Section 3 hereof. (b) Nothing herein shall be deemed to prevent the Issuer from disseminating any other information in addition to that required hereby in the manner set forth herein or in any other manner. If the Issuer disseminates any such additional information, the Issuer shall have no obligation to update such information or include it in any future materials disseminated hereunder. (c) Nothing herein shall be deemed to prevent the Issuer from providing notice of the occurrence of certain other events, in addition to those listed above, if the Issuer determines that any such other event is material with respect to the Securities; but the Issuer does not undertake to commit to provide any such notice of the occurrence of any event except those events Iisted above. Section 3. Annual Information (a) certain annual information, in a form generally consistent with the information contained in Appendix A of the Official Statement prepared by the Issuer in connection with the Securities. (b) All or any portion of the Annual Information may be incorporated in the Annual Information by cross reference to any other documents which are (i) available to the public on the EMMA System or (ii) filed with the SEC. If such a document is a final official statement, it also must be available from the EMMA System. (c) Annual Information for any fiscal year containing any modified operating data or financial information (as contemplated by Section 7(e) hereof) for such fiscal year shall explain, in narrative form, the reasons for such modification and the effect of such modification on the Annual Information being provided for such fiscal year. If a change in accounting principles is included in any such modification, such Annual Information shall present a comparison between the financial statements or information prepared on the basis of the modified accounting principles and those prepared on the basis of the former accounting principles. Section 4. Financial Statements The Issuer's annual financial statements for each fiscal year shall be prepared in accordance with GAAP as in effect from time to time. Such financial statements shall be audited by an independent accounting firm. Section 5. Remedies If the Issuer shall fail to comply with any provision of this Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this p'� Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and may compel the Issuer or any such officers, agents or employees to perform and carry out their duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Issuer hereunder and no person or entity shall be entitled to recover monetary damages hereunder under any circumstances. Failure to comply with any provision of this Undertaking shall not constitute an event of default on the Securities. Section 6. Parties in Interest This Undertaking is executed to assist the Purchaser to comply with (b)(5) of the Rule and is delivered for the benefit of the Holders. No other person shall have any right to enforce the provisions hereof or any other rights hereunder. Section 7. Amendments Without the consent of any holders of Securities, the Issuer at any time and from time to time may enter into any amendments or changes to this Undertaking for any of the following purposes: (a) to comply with or conform to any changes in Rule 15c2 -12 (whether required or optional); (b) to add a dissemination agent for the information required to be provided hereby and to make any necessary or desirable provisions with respect thereto; (c) to evidence the succession of another person to the Issuer and the assumption of any such successor of the duties of the Issuer hereunder; (d) to add to the duties of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (e) to modify the contents, presentation and format of the Annual Information from time to time to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Issuer or to reflect changes in the identity, nature or status of the Issuer or in the business, structure or operations of the Issuer or any mergers, consolidations, acquisitions or dispositions made by or affecting any such person; provided that any such modifications shall comply with the requirements of Rule 15c2 -12 or Rule 15c2 -12 as in effect at the time of such modification; or (f) to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision hereof, or to make any other provisions with respect to matters or questions arising under this Undertaking which, in each case, comply with Rule 15c2 -12 or Rule 15c2- 12 as in effect at the time of such amendment or change; provided that no such action pursuant to this Section 7 shall adversely affect the interests of the Holders in any material respect. In making such determination, the Issuer shall rely upon an opinion of nationally recognized bond counsel. Section 8. Termination This Undertaking shall remain in full force and effect c! 1 0 until such time as all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or legally defeased pursuant to the their terms. Upon any such legal defeasance, the Issuer shall provide notice of such defeasance to the EMMA System. Such notice shall state whether the Securities have been defeased to maturity or to redemption and the timing of such maturity or redemption. In addition, this Agreement, or any provision hereof, shall be null and void in the event that those portions of the Rule which require this Agreement, or such provision, as the case may be, do not or no longer apply to the Securities, whether because such portions of the Rule are invalid, have been repealed, or otherwise. Section 9. Undertaking to Constitute Written Agreement or Contract This Undertaking shall constitute the written agreement or contract for the benefit of Holders of Securities, as contemplated under Rule 15c2 -12. Section 10. Governing Law This Undertaking shall be governed by the laws of the State of New York determined without regard to principles of conflict of law. Section 11. No Previous Non - Compliance The Issuer represents that in the previous five years it has not failed to comply in all material respects with any previous undertaking in a written contract or agreement specified in paragraph (b)(5)(i) of the Rule. 10 0 V IN WITNESS WHEREOF, the undersigned has duly authorized, executed and delivered this Undertaking as of April 30, 2012. CITY OF BUFFALO 0 11 4 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $22,000,000 GENERAL IMPROVEMENT BONDS -2012A AND $5,000,000 SCHOOL SERIAL BONDS -2012B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $27,000,000 AND PROVIDING FOR THE PUBLIC SALE THEREOF 1, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: (1) Authorization Principal 'ncipal Amount Mat uri Schedule, Issue Date and Desi n� ation (a)(i) SeriaI bonds of the City in the respective principal amounts as set forth on line I of Schedule I, attached hereto and hereby made a part hereof, shall be issued for each of the respective purposes as set forth on line A of such Schedule I, pursuant to the bond resolutions duly adopted by the City Council on February 21, 2012 and numbered as set forth therein, and shall mature in the respective principal amounts on April I in each of the years 2013 to 2023, inclusive, as set forth on line J of such Schedule I. (ii) All of said serial bonds referred to in subparagraph (a) (i) shall be combined, for the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $22,000,000 and each of said Bonds shall be designated "General ml, provement Sej�,ai Bonds- 2012A" (the "2012A Bonds "). 1151628.1036191 CLD . �\1 (iii) Said 2012A Bonds shall mature on April l in the aggregate principal amounts of $1,830,000 in the year 2013; $1,850,000 in the year 2014; $1,875,000 in the year 2015; $1,905,000 in the year 2016; $1,935,000 in the year 2017; $1,970,000 in the year 2018; $2,015,000 in the year 2019; $2,065,000 in the year 2020; $2,120,000 in the year 2021; $2,185,000 in the year 2022; and $2,250,000 in the year 2023. The weighted average maturity of the Bonds, calculated pursuant to applicable provisions of the Local Finance Law, is hereby determined to be 11.09 years. (b)(i) Serial bonds of the City in the respective principal amounts as set forth online I of Schedule II, attached hereto and hereby made a part hereof, shall be issued for each purpose as set forth on line A of such Schedule 1I, pursuant to the bond resolutions duly adopted by the City Council on February 21, 2012 and numbered as set forth therein, and shall mature in the respective principal amounts on April 1 in each of the years 2013 to 2027, inclusive, as set forth on line J of such Schedule II. (ii) All of said serial bonds referred to in subparagraph (b) (i) shall be combined, for the purpose of sale and issuance into a single issue of serial bonds in the aggregate principal amount of $5,000,000 and each of said Bonds shall be designated "School Serial Bonds- 2012B" (the "2012B Bonds "). (iii) Said 2012B Bonds shall mature on April l in the aggregate principal amounts of $290,000 in the year 2013; $290,000 in the year 2014; $295,000 in the year 2015; $300,000 in the year 20.16; $305,000 in the year 2017; $310,000 in the year 2018; $315,000 in the year 2019; $325,000 in the year 2020; $335,000 in the year 2021; $345,000 in the year 2022; $355,000 in the year 2023; $365,000 in the year 2024; $375,000 in the year 2025; $390,000 in the year 2026; and I151628.1 036191 CLD $405,000 in the year 2027. The weighted average maturity of the Bonds, calculated pursuant to applicable provisions of the Local Finance Law, is hereby determined to be 20.2 years. (c) Following the sale of the Bonds as provided for in paragraph 12 hereof, the amount of Bonds of each series maturing in each year, as set forth herein, may be adjusted, in multiples of $5,000 and to the extent necessary, in order that the City can achieve annual debt service which is substantially level or declining, as authorized by law. In addition, following the sale of the Bonds as provided for in paragraph 12 hereof, the aggregate par amount of Bonds may be decreased in an amount not in excess of the premium offered by the successful bidder and the amount of each annual maturity, as set forth herein, may be adjusted to the extent•necessary, in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium, if any, received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended. (2) Interest Rate, Dates and Medium of Pa ent. The Bonds shall bear interest from their date at a rate or rates per annum necessary for the City to sell said Bonds, the bidder to name a rate or rates of interest in multiples of one - hundredth of 1 % or multiples of one- eighth of 1 % which the Bonds are to bear, and said bidder may state different rates of interest for Bonds maturing in different calendar years; provided, however, that only one rate of interest may be bid for all Bonds maturing in any one calendar year and the highest rate of interest stated for any maturity may not exceed. 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. The exact rate or rates of interest shall be determined by the undersigned Comptroller upon the receipt of rids therefor, as hereinafter set forth, payable on April 1, 2013, October 1, 2013 and semi - annually thereafter on April 1 and October 1 in each year until maturity, in any coin or 1151628.1036191 CLD �J$ currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by wire transfer or in clearinghouse funds by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business onthe fifteenth day of the month preceding each such interest payment date. (3) Bonds Subject to Prior Redemption The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity at the option of the City on April 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor securities depository is the sole registered owner ofthe Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See `BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions. If the Bonds are not registered in book -entry form, any redemption of than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula: 1151628.1036191 CLD 0 (principal to be redeemed( pal amount owned by owner) (principal amount outstanding) Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. (4) Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. (5) Denominations Numbers and Letters The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple, not exceeding the aggregate principal amount of Bonds of each series maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The 2012A Bonds shall be lettered AR, and shall be numbered separately from one (1) consecutively upward in the order of their maturity. The 2012B Bonds shall be lettered BR, and 1151628.1 036191 CLD OK tj � shall be numbered separately from one (1) consecutively upward in order of their maturity. All of the Bonds shall be transferable and exchangeable as provided herein. (6) Book -Entry S_ sX tem. The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity of each series in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds of each series maturing in such year. Beneficial owners of the Bonds will not receive certificates representing their respective interests in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC 1151628:1036191 CLD 1J ks participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. (7) Discontinuance of Book Enja System In the event that (a) DTC.determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b) the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners names. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. (S) Fiscal Agent Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March S, 1977. (9) Execution of Bonds The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. (10) Transfer of Bonds Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the 1151628.1036191 CLIP �6 name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. (11) Regulations With Respect to Exchanges and Transfers In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day ofthe month preceding an interest payment date and such interest payment date. (12) Sale of Bonds The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on April 17, 2012 , until 11:00 a.m. and 11:15 a.m. far 2012A Bonds and 2012B Bonds, respectively (local time), via Wreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission, pursuant to the Notices of Sale, in substantially the form as 1151628.1036I91 CLD 1� provided in Appendices A and B, which shall be published at least once in "The Bond Buyer, " published in the City of New York, not less than five (5) nor more than thirty (30) days prior to the date of said sale. Award of the Bonds will be made by the City Comptroller after receiving the written approval of the financial terms of the Bonds by the Buffalo Fiscal Stability Authority. Delivery of the Bonds shall be effected on or about April 30, 2012, upon (i) receipt by the City ofthe purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. (13) Form of Bonds Said Bonds shall be in substantially the form set forth in Appendix C hereto. (14) SEC Rule 15c2 -12 In order to assist bidders in complying with Rule 15c2 -12 promulgated by the Securities and Exchange Commission and as part of the City's contractual obligation arising from its acceptance of the successful bidder's proposal for each series, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure" in substantially the form set forth in Appendix D hereto. Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access C EMMA ") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and timely notice of the occurrence of certain events, as enumerated in said Rule 15c2 -12. I HEREBY FURTHER C ERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. 1151628.1036191 CLD IN WITNESS WHEREOF, I have hereunto set my hand as ofthe 2nd day of April, 2012. Comptroller REC N D AND RLED 1151628.1036191 CLD CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County ofErie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Comptroller and the same is a true and complete copy of the Certificate filed with said City in my office as City Clerk on or before April 30, 2012; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th day of October, 1945, and Resolution No. 160, duly adopted on the 1 st day of November, 1994, referred to in said Certificate, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. (SEAL) 61q Cler 1I51628.1 036191 CLA 1 SCHEDULEI Page 1 of 6 pre -sale Page 2 of 6 pre -sale SCHEDULE I- 2012A BONDS Page 3 of 6 pre -sale Page 4 of 6 pre -sale Ib SCHEDULE F - 2012A rLnNnR Page 5. of 6 1 pre -sale SOMEDULE I- 2012A BONDS Page 6 of 6 pre -sale APPENDIX A 202A BOND SALE 36 37 Tree Removals & A. Object or Purpose Plantings - Citywide B. Date of Authorization 2/21112 C. Local Finance L-aw Section 11 a 57 1st D. Amount of Authorization $ 642,000 Demolitions - Emergency Conditions - Citywide 2/21112 11 a 89 $ 2 000 $ 22 000 000 F. Authorized and Unissued $ G. Dates & Amts. of Previous Borrowin s $ $ 4!39!2012 I. Par Amount of Bonds to be Sold $ 642,000 $ 2,700.000 $ 22 11.09089 ears J. Bond Maturities 2.918 °A 12,273% 100.000% 2013 2014 $ 53,403 53 $ 224 591 $ 227 045 $ 1,830 $ 1,850.2 2 2015 $ 54,716 $ 230,114 $ 1 2016 $ 55 $ 233.796 $ 1.905,000 2017 $ 56 237,477 $ 1,935, 00 0 2018 2019 $ 57 488 $ 58 Sol $ 241 773 $ 247,295 $ 1 $ 2,015 2020 $ 6G $ 253 $ 2 2021 $ 61 $ 260.1a2 $ 2 120 000 2022 $ 63,782 $ 268,159 $ 2 185 000 2023 $ 65 $ 276,136 $ 2 Total $ 642,000 $ 2,700,000 $ 22,000,000 Page 6 of 6 pre -sale P SCHEDULE H Page 1 of 1 SCHEDULE [i - 2012 B BONDS 'F• rP APPENDIX A 1151628.1036191 CLD l CITY OF BUFFALO IN THE COUNTY OF ERIE, NEW YORK NOTICE OF BOND SALE $22 ,000,000 " General Improvement Bonds -2012A SEALED PROPOSALS will be received by the undersigned Comptroller (the "Sale Officer ") of the City of Buffalo, in the County of Erie, New York (the "City "), via iPreo's Parity Electronic Bid Submission System ( "Parity") or by facsimile transmission (see "Submission of Bids" herein), on Tuesday, April 17, 2012 until 11;00 a.m. (local time) at which time they will be opened publicly and announced for the purchase of $22,000,000* General Improvement Bonds -2012A of the City (the "Bonds "), due on April 1, in the annual principal installments as shown below which, together with interest thereon, are expected to provide for substantially level or declining annual debt service. The Bonds will be dated the date of delivery (the "Dated Date "). Award of the Bonds will he made by the City Comptroller after receiving the written approval of the financial terms of the Bonds by the Buffalo Fiscal Stability Authority_. Award of the Bonds will be made without taking into consideration any adjustment to be made to installments ofprincipal, to the extent necessary, to meet the requirements of substantially level or declining annual debt service. In addition, following the sale of the Bonds the aggregate paramount of Bonds maybe decreased in an amount not in excess of the premium offered by the successful bidder and the amount of each annual maturity, as set forth herein, may be adjusted, to the extent necessary in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium, if any, received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code'). In adjusting the par amount of the Bonds following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the original bid "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by the par amount of the Bonds bid. Any such adjustment shall be conclusive, and shall be binding upon the successful bidder. Year of Year of Amount * Maturity Amount * Maturity $ 1,830,000 2013 $ 2,015,000 2019 1,850,000 2014 2,065,000 2020 1,875,000 2015 2,120,000 2021 1,905,000 2016 2,185,000 2022 1,935,000 2017 2,250,000 2023 1,970,000 2018 THE CITY RESERVES THE RIGHT TO CHANGE THE TIME AND10R DA'Z'E FOR THE OPENING OF BIDS, THE AMOUNT OF . PRINCIPAL SCHEDULED TO BE REPAID IN EACH YEAR OF THE BOND MATURITIES, OR THE RIGHT OF REDEMPTION PRIOR TO MATURITY, NOTICE OF ANY SUCH CHANGE SHALL BE PROVIDED NOT LESS THAN ONE (1) HOUR PRIOR TO THE TIME SET FORTH ABOVE FOR THE OPENING OF BIDS BY MEANS OF A SUPPLEMENT TO THE NOTICE OF SALE TO BE TRANSMITTED OVER THE THOMSON MUNICIPAL NEWS WIRE OR TM3. The Bonds will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance herewith, payable on April 1, 2013, October 1, 2013 and semi - annually thereafter on April 1 and October i in each year until maturity or prior redemption. Interest on the Bonds will be calculated on the basis of a 360 -day year, consisting of twelve 30 -day months. The Bonds will be issued in the form of fully registered certificated Bonds, in denominations corresponding to the total principal amounts due in each year of maturity. As a condition to delivery of the Bonds, the successful bidder will be required to cause such Bond certificates to be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ('DTC), and (ii) deposited with DTC to be held in trust until maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participan *.s, which include certain banks, trust companies and securities Preliminary, subject to change. 0 ? dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearing house funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Optional Redemption The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity at the option of the City on April 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. Selection of Bonds to be Redeemed on or after April 1, 2021 So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See `BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions. If the Bonds are not registered in book -entry form, any redemption of less than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula: (principal to be redeemed) x. (principal amount owned by owner) (principal amount outstanding) Notice of Redemption Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. Submission of Bids Bidders may only bid to purchase all of the Bonds. No bid for less than 100% of par shall be considered. Bidders must name the rate or rates of interest per annum which the Bonds are to bear in multiples of one - hundredth or one - eighth of one per centum. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. Bidders must provide the reoffering price for such Bonds to the City immediately upon award. The City reserves the right to reject any and all bids (regardless of the interest rate bid), to reject any bid not complying with this official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Bids may be submitted electronically via Parity or via facsimile transmission in accordance with this Notice of Sale, until the time specified herein. No other form of electronic bidding services nor telephone proposals will be accepted. No hid received after the time for receiving bids specified above will be considered. Bids may also be submitted by facsimile at (716) 662 -6684. Bidders submitting proposals via facsimile must use the bid form attached hereto. Once the bids are communicated via facsimile or electronically via Parity to the City, each bid will constitute an irrevocable offer to purchase the Bonds pursuant to the terms therein provided. -2- � Registration to Bid Prospective bidders wishing to submit electronic bids must be contracted customers of Parity. Prospective bidders who do not have a contract with Parity, must call (212) 849 -5021 to become a customer, By submitting an electronic bid for the Bonds, a bidder represents and warrants to the City that such bidder's bid for the purchase of the Bonds is submitted for and on behalf of such prospective bidder by an officer or agent who is duly authorized to bind the bidder to a legal, valid and enforceable contract for the purchase of the Bonds. If any provisions of this Notice of Sale shall conflict with information provided by Parity, as approved provider of electronic bidding services, this Notice of Sale shall control. Further information about Parity, including any fee charged, may be obtained from Parity at (212) 849 -5021. The time maintained by Parity shall constitute the official time with respect to all bids submitted through Parity. Disclaimer Each prospective bidder who wishes to submit electronic bids shall be solely responsible to register to bid via Parity. Each qualified prospective bidder shall be solely responsible to make necessary arrangements to access Parity for purpases of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the City nor Parity shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the City nor Parity shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by Parity. The City is using Parity as a communications mechanism, and not as the City's agent, to conduct the electronic bidding for the City's Bonds. The City is not bound by any advice or determination of Parity as to whether any bid complies with the terms of this Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via Parity are the sole responsibility of the bidders, and the City is not responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in registering to bid, or submitting or modifying a bid for the Bonds, it should telephone Parity and notify the City's Financial Advisor, Capital Markets Advisors, LLC at 716 - 662 -3910 (provided that the City shall have no obligation to take any action whatsoever upon receipt of such notice). Good Faith Deposit A good faith deposit (the "Deposit ") in the amount of $220,000 in the form of (i) a cashier's check payable to the order of said City of Buffalo, New York, or (ii) a wire transfer in accordance with instructions herein, is required for each bid to be considered. If a check is used, it must be sent to the Comptroller at 1225 City Hall, Buffalo, New York 14202. Bidders are instructed to contact Richard Calipari, Deputy Comptroller, at the above office address (Telephone No. 716 - 851 -5269, Fax No. 716- 851- 4633), to obtain the City's wire instructions. The Deposit, whether by cashier's check or wire, should be received not later than 9:00 A.M. on the date of the sale, however, the City reserves the right to award the Bonds to a successful bidder whose wire transfer is initiated but not received by such time provided that such successful bidder's fed wire reference number has been received. Moreover, a Fed wire reference number must be provided at the time the bid is submitted. The City shall not incur any liabilities from delays of or interruptions in the receipt of the Deposit by fed wire or return of the Deposit to the unsuccessful bidders. No interest on the Deposit will accrue to the purchaser or any other bidder. Basis of Award The Bonds will be awarded and sold to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest true interest cost ( "TIC "). The TIC will be determined by doubling the semiannual interest rate, compounded semiannually, necessary to discount the semiannual debt service payments on the Bonds from the payment dates to the Dated Date of the Bonds and to the aggregate purchase price of the Bonds. If two or more such bidders offer the same lowest true interest cost, then one of such bidders will be selected by the Sale Officer by lot from among all such bidders. The successful bidder must also pay an amount equal to the interest on the Bonds accrued from their Dated Date to the date of payment of the purchase price, if any. When the successful bidder has been ascertained, the Sale Officer will promptly return all deposits made to the persons making the same, except the Deposit made by such successful bidder. Award of the Bonds to the successful bidder, or rejection of all bids, is expected to be made promptly after opening of the bids and receipt of written approval from the Buffalo Fiscal Stability Authority. The successful bidder will be notified of the award to him, and if he refuses or neglects to -3- pay the agreed price of the Bonds less the amount deposited by him, the amount deposited by him shall be forfeited to and retained by the City as liquidated damages for such neglect or refusal The Deposit will be retained by the City and: (a) will be applied, without allowance for interest, against the purchase price when the Bonds actually are delivered to and paid for by such successful bidder; or (b) will be retained by the City as liquidated damages if the bidder defaults with respect to the bid; or (c) will be retumed to the bidder if the Bonds are not issued by the City for any reason which does not constitute a default by the successful bidder. The Bonds will be delivered to DTC and shall be paid for in Federal Funds on or about April 30, 2012 in New York City, or on such business day and at such hour, as the Sale Officer shall fix on three business days' notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder. The deposit of the Bonds with DTC under a book -entry system requires the assignment of CUSIP numbers prior to delivery. It shall be the responsibility of the successful bidder to obtain CUSIP numbers for the Bonds prior to delivery and the City will not be responsible for any delay occasioned by the inability to deposit the Bonds with DTC due to the failure of the successful bidder to obtain such numbers and to supply them to the City in a timely manner. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the successful bidder. The City reserves the right to reject all bids. Any bid which fails to substantially comply with the terms of this notice will be rejected. Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder, Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. Other Information The proceeds of the Bonds will be used to provide funds to finance the cost or part of the cost of various capital improvements in and for the City, as further described in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The debt statement to be filed pursuant to § 109.00 of the Local Finance Law in connection with the sale of the Bonds, prepared as of March 2, 2012, will show the average full valuation of real estate subject to taxation by the City to be $6,496,017,510, its debt limit to be $584,641,576 and its total net indebtedness subject to the debt limit (exclusive of the Bonds) to be $282,947,893. The issuance of the Bonds is expected to increase the total net indebtedness of the City by $22,000,000 *. In addition, the City expects to issue its $5,000,000* School Serial Bonds - 201213 (the "20I213 Bonds ") and $15,265,000' General Obligation Refunding Bonds- 2012C (the "2012C Bonds "), simultaneously with the Bonds. The issuance of the 2012B Bonds and the 2012C Bonds is expected to increase the total net indebtedness of the City by approximately $20,265,000 *. The Bonds are general obligations of the City. The State Constitution requires the City to pledge its faith and credit for the payment of the principal of the Bonds and the interest thereon and to make annual appropriations for the amounts required for the payment of such interest and the redemption of the Bonds. For the payment of such principal of and interest on the Bonds, the City has the power and statutory authorization to levy ad valorem taxes on all taxable real property in the City, subject to certain statutory limitations imposed by Chapter 97 of the Laws of 2011 (the "New Tax Levy Limit Law "). See "New Tax Levy Limit Law" and "Legal Matters and the New Tax Levy Limit Law" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The State Constitution also provides that if at any time the appropriating authorities fail to make the required appropriations for the annual debt service on the Bonds and certain other obligations of the City, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied for such purposes, and also that the chief fiscal officer of the City may be required to set apart and apply such revenues as aforesaid at the suit of any holder of such obligations. ' Preliminary, subject to change. 4- Approving Legal Opinion The successful bidder will be furnished without cost with the approving opinion of the law firm of Hawkins Delafield & Wood LLP, New York, New York, Bond Counsel to the City, to the effect that the Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit and, unless paid from other sources, all the taxable real property within the City is subject to the levy of ad valorem real estate taxes to pay the Bonds and interest thereon, subject to the limitations imposed by the Chapter 97 of the Laws of 2411 (the "New Tax Levy Limit Law "). Prior to the enactment of the New Tax Levy Limit Law, all the taxable real property within the City had been subject to the levy of ad valorem taxes to pay the Bonds and interest thereon without limitation as to rate or amount; however, the power of the City to levy unlimited real estate taxes on all the real property in the City may or may not be subject to the statutory limitations imposed by the New Tax Levy Limit Law, depending upon the interpretation of such statute by a court of competent jurisdiction in the event of a legal challenge. See "New Tax Levy Limit Law" and "Legal Matters and the New Tax Levy Limit Law" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. Said opinion shall also contain further statements to the effect that (a) the enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency, or other laws affecting creditors' rights or remedies heretofore or hereafter enacted, and (b) said law firm has not been requested to examine or review and has not examined or reviewed the accuracy or sufficiency of the Official Statement of the City relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City or the Bonds which have been or may be furnished or disclosed to purchasers of the Bonds, and expresses no opinion with respect to such financial statements or other information, or the accuracy or sufficiency thereof. In the opinion of Hawkins Dela#ield & Wood LLP, Bond Counsel to the City, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on any Bonds issued is excluded from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and (ii) interest on any Bonds issued is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest is, however, included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed upon such corporations. The tax certificate of the City (the "Tax Certificate "), which will be delivered concurrently with the delivery of any Bonds issued will contain provisions and procedures relating to compliance with applicable requirements of the Code. In rendering its opinion, Bond Counsel has relied on certain representations, certifications of fact, and statements of reasonable expectations made by the City and others in connection with any Bonds issued, and Bond Counsel has assumed compliance by the City with certain provisions and procedures set forth in the Tax Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on any Bonds issued from gross income under Section 103 of the Code. The successful bidder may at its option refuse to accept any Bonds issued if prior to their delivery the certificate referred to in the preceding paragraph in form and tenor satisfactory to Bond Counsel is.not delivered or if any income tax law of the United States of America is hereafter enacted which shall provide that the interest thereon is taxable, or shall be taxable at a future date, for federal income tax purposes, and in such case the deposit made by the successful bidder will be returned and the successful bidder will be relieved of its contractual obligations arising from the acceptance of its proposal. In addition, in the opinion of Bond Counsel, under existing statutes, interest on any Bonds issued is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Bond Counsel expresses no opinion regarding any other Federal or state tax consequences with respect to any Bonds issued. Bond Counsel renders its opinion under existing statutes and court decisions as of the issue date, and assumes no obligation to update its opinion after the issue date to reflect any future action, fact or circumstance, or change in law or interpretation thereof, or otherwise. Bond Counsel expresses no opinion on the effect of any action taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for Federal income tax purposes of interest on any Bonds issued. Reoffering Price Certificate of Winning Bidder The successful bidder must submit to the City a certificate with respect to the Bonds ("Reoffering Price Certificate "), satisfactory to Bond Counsel, prior to the delivery of the Bonds, which states that: (a)(i) on the date of award, such successful bidder made a bona fide public offering of all Bonds of all maturities at initial offering prices corresponding to the prices or yields indicated in the information furnished in connection with the successful bid, and (ii) as of such date, the first price or yield at which an amount equal to at least ten percent of each maturity of the Bonds was sold to the public was, respectively, a price not higher or a yield not lower than indicated in the -5- ILL# information furnished with the successful bid (the "first price rule "), with the exception of those maturities, if any, identified in such certificate, as to which such certificate shall explain the reasons the firs£ price rule was not satisfied, and (iii) as of such date, the successful bidder reasonably expected that the Bonds would be initially sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices not higher or yields lower than indicated in the information furnished with the successful bid, and such prices and yields, maturity-by- maturity, represented the successful bidder's best judgment of the fair market value of the Bonds, OR (b) such successful bidder has purchased the Bonds for its own account and not with a view to distribution or resale and not in the capacity of a bond house, broker or other intermediary, and the price or prices at which such purchase was made. For the purposes of the Reoffering Price Certificate, the "public" does not include bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers. In making such representations, the successful bidder must reflect the effect on the offering prices of any "derivative products" (e,g., a tender option) used by the bidder in connection with the initial sale of any of the Bonds. Official Statement and Continuing Disclosure The City will provide a reasonable number of Official Statements to the successful bidder within five (5) business days following receipt of a written request therefore made to the City. Such request may specify the applicable (a) offering price(s), (b) selling compensation, (c) rating(s), (d) credit enhancement and (e) identity and complete name of the bidder and any participating underwriters, and if so, the Official Statement will be modified or supplemented by the information so specified. The City shall not be Iiable in any manner for any delay, inaccuracy, or omission on the part of any successful bidder with respect to such request, nor shall the City's failure, as a result thereof, to provide the Official Statement (whether or not modified or supplemented) within the above time period, constitute cause for a failure or refusal by such bidder to accept delivery of and pay for the Bonds in accordance with the terms hereof. The Preliminary Official Statement, dated the date hereof, is in a form "deemed final" by the City for the purpose of Securities and Exchange Commission Rule 15c2 -12 but is subject to modification or supplementation as noted above. In order to assist bidders in complying with Rule 15c2 -12 and as part of the City's contractual obligation arising from its acceptance of each successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure." Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA') System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and notice of the occurrence of certain material events, as enumerated in said Rule I5c2 -12. The obligations hereunder to deliver or accept the Bonds pursuant hereto shall be conditioned on the availability to the successful bidder and delivery at the time of delivery of the Bonds of the approving opinion of Bond Counsel; of certificates in form and tenor satisfactory to such law firm evidencing the proper execution and delivery of the Bonds and receipt of payment therefor and including a statement, dated as of the date of such delivery, to the effect that there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened relating to the Bonds; and of the several certificates as described in the Official Statement under the heading "Documents Accompanying Delivery of the Bonds." A copy of the Notice of Sale and the Preliminary Official Statement may be obtained upon request from the Office of the Comptroller of the City of Buffalo, Buffalo, New York, at (716) 851 -5269, or from the office of Capital Markets Advisors, LLC, (716) 662 -3910. This Notice of Sale, as well as the Preliminary Official Statement are also available electronically on the Internet at www. munios. com. For more information, please contact either Richard Calipari, Deputy Comptroller, at the City (716) 851 -5269 or Rick Ganci at Capital Markets Advisors, LLC, (716) 662 -3910. Dated: April 2, 2012 Hon. Mark J. F. Schroeder Comptroller and Chief Fiscal Officer -6- l�0 CITY OF BUFFALO, NEW YORK OFFICIAL BID FORM FOR $22,000,000 GENERAL IMPROVEMENT BONUS -2012A April 17, 2012 (bid opening at 11:00 AM) Telephone No, 716 -662 -3910 Fax No. 716 -662 -6684 To: Han. Mark J. F. Schroeder Comptroller, City of Buffalo c/o Capital Markets Advisors, LLC 4211 North Buffalo Road, Suite 19 Orchard Park, New York, I4127 Dear Comptroller Schroeder: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated April 2, 2012, which is hereby made a part of this Proposal, we offer to purchase all of the $22,000,000* General Improvement Bonds -2012A of the City of Buffalo, New York, described in said Notice of Sale, and to pay therefor the price of $22,000,000* plus $ , plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided that the Bonds maturing in the several years set forth below shall bear interest from their date until maturity at the respective rates per annum stated in the following table: Deposit Requirement: Principal Maturi Amount* Rate 2013 $ 1,830,000 2014 1,850,000 2015 1,875,000 2016 1,905,000 2017 1,935,000 2018 1,970,000 Deposit Requirement: Rate ❑ _ We enclose herewith a cashier's check in the sum of $220,000, made payable to the order of the City of Buffalo, New York. ❑ We sent a Fed wire transfer of $220,000 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for Iiquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) `.Preliminary, subject to change. -7- Principal Maturi Amount* 2019 $ 2,0I5,000 2020 2,065,000 2021 2,120,000 2022 2,185,000 2023 2,250,000 Rate ❑ _ We enclose herewith a cashier's check in the sum of $220,000, made payable to the order of the City of Buffalo, New York. ❑ We sent a Fed wire transfer of $220,000 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for Iiquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) `.Preliminary, subject to change. -7- The following is our computation of the true interest cost, made as provided in the above - mentioned Notice of Sale, but not constituting any part of the foregoing Proposal for the purchase of $22,000,000` bonds under the foregoing Proposal: Par Amount of the Bonds .............................. Add: Premium......................... ............................... $ Accrued Interest ............. ............................... $ Target Value for Calcu lation ......................... $ True Interest Rate .......... ............................... % (four decimals) Firm: By: Return of the good faith check or Fed wire transfer on April 17, 2012, in the amount of $220,000 from the City of Buffalo, New York, is hereby acknowledged: The financial terms of the bonds is hereby approved. Name: Title: Buffalo Fiscal Stability Authority Preliminary, subject to change. Telephone ( ) - Facsimile ( ) - -8- ?A APPENDIX B I151628.1 036191 CLD 1 40 CITY OF BUFFALO IN THE COUNTY OF ERIE, NEW YORK NOTICE OF BOND SALE $5,000,000' School Serial Bonds -2012B SEALED PROPOSALS will be received by the undersigned Comptroller (the "Sale Officer ") of the City of Buffalo, in the County of Erie, New York (the "City "), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission (see "Submission of Bids" herein), on Tuesday, April 17, 2012 until 11:15 a.m. (local time) at which time they will be opened publicly and announced for the purchase of $5,000,000* School Serial Bonds -2012B of the City (the "Bonds "), due on April 1, in the annual principal installments as shown below which, together with interest thereon, are expected to provide for substantially level or declining annual debt service. The Bonds will be dated the date of delivery (the "Dated Date "). Award o the Bonds will be made by the City Comptroller after receiving the written approval of the financial terms of the bonds by the Buffalo Fiscal Stability Authority, Award of the Bonds will be made without taking into consideration any adjustment to be made to installments of principal to the extent necessary, to meet the requirements of substantially level or declining annual debt service. In addition, following the sale of the Bonds the aggregate par amount of Bonds may be decreased in an amount not in excess of the premium offered by the successful bidder and the amount of each annual maturity, as set forth herein, may be adjusted, to the extent necessary in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium, if any, received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code "). In adjusting the par amount of the bonds following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the original bid "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by the par amount of the Bonds bid. Any such adjustment shall be conclusive, and shall be binding upon the successful bidder THE CITY RESERVES THE RIGHT TO CHANGE THE TIME ANDIOR DATE FOR THE OPENING OF BIDS, THE AMOUNT OF PRINCIPAL SCHEDULED TO BE REPAID IN EACH YEAR OF THE BOND MATURITIES, OR THE RIGHT OF REDEMPTION PRIOR TO MATURITY. NOTICE OF ANY SUCH CHANGE SHALL BE PROVIDED NOT LESS THAN ONE (1) HOUR PRIOR TO THE TIME SET FORTH ABOVE FOR THE OPENING OF BIDS BY MEANS OF A SUPPLEMENT TO THE NOTICE OF SALE TO BE TRANSMITTED OVER THE THOMSON MUNICIPAL NEWS WIRE OR TM3. The Bonds will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance herewith, payable on April 1, 2013, October 1, 2013 and semi - annually thereafter on April 1 and October I in each year until maturity or prior redemption, Interest on the Bonds will be calculated on the basis of a 360 -day year, consisting of twelve 30 -day months. The Bonds will be issued in the form of fully registered certificated Bonds, in denominations corresponding to the total ' Preliminary, subject to change, Year of Year of Amount * Maturi Amount * Maturi $290,000 2013 $335,000 2021 290,000 2014 345,000 2022 295,000 2015 355,000 2023 300,000 .2016 365,000 2024 305,000 2017 375,000 2025 310,000 20I8 390,000 2026 315,000 2019 405,000 2027 325,000 2020 THE CITY RESERVES THE RIGHT TO CHANGE THE TIME ANDIOR DATE FOR THE OPENING OF BIDS, THE AMOUNT OF PRINCIPAL SCHEDULED TO BE REPAID IN EACH YEAR OF THE BOND MATURITIES, OR THE RIGHT OF REDEMPTION PRIOR TO MATURITY. NOTICE OF ANY SUCH CHANGE SHALL BE PROVIDED NOT LESS THAN ONE (1) HOUR PRIOR TO THE TIME SET FORTH ABOVE FOR THE OPENING OF BIDS BY MEANS OF A SUPPLEMENT TO THE NOTICE OF SALE TO BE TRANSMITTED OVER THE THOMSON MUNICIPAL NEWS WIRE OR TM3. The Bonds will bear interest at the rate or rates per annum specified by the successful bidder therefor in accordance herewith, payable on April 1, 2013, October 1, 2013 and semi - annually thereafter on April 1 and October I in each year until maturity or prior redemption, Interest on the Bonds will be calculated on the basis of a 360 -day year, consisting of twelve 30 -day months. The Bonds will be issued in the form of fully registered certificated Bonds, in denominations corresponding to the total ' Preliminary, subject to change, ) J principal amounts due in each year of maturity, As a condition to delivery of the Bonds, the successful bidder will be required to cause such Bond certificates to be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearing house funds to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not he responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. Optional Redemption The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity at the option of the City on April I, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. Selection of Bonds to be Redeemed on or after April 1, 2021 So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. See `BOOK ENTRY ONLY SYSTEM" in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds regarding DTC's practice of determining by lot the amount of the interest of each Direct Participant for partial bond redemptions. If the Bonds are not registered in book -entry form, any redemption of less than all of a maturity of the Bonds shall be allocated (in the amounts of $5,000 or any whole multiple) among the registered owners of such maturity of the Bonds then outstanding as nearly as practicable in proportion to the principal amounts of such maturity of the Bonds owned by each registered owner. This will be calculated based on the following formula' (principal to be redeemed) x (principal amount owned by owner) (principal amount outstanding) Notice of Redemption Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the Paying Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. Submission of Bids Bidders may only bid to purchase all of the Bonds. No bid for less than 100% of par shall be considered. Bidders must name the rate or rates of interest per annum which the Bonds are to bear in multiples of one - hundredth or one - eighth of one per centum. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that the highest rate of interest stated for any maturity may not exceed 5.5% per annum. In no event shall the true interest cost for the issue received by the City exceed 5.0 %. Bidders must provide the reoffering price for such Bonds to the City immediately upon award. The City reserves the right to reject any and all bids (regardless of the interest rate bid), to reject any bid not complying with this official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. -2- Bids may be submitted electronically via Parity or via facsimile transmission in accordance with this Notice of Sale, until the time specified herein. No other form of electronic bidding services nor telephone proposals will be accepted. No bid received after the time for receiving bids specified above will be considered. Bids may also be submitted by facsimile at (716) 662 -6684. Bidders submitting proposals via facsimile must use the bid form attached hereto. Once the bids are communicated via facsimile or electronically via Parity to the City,: each bid will constitute an irrevocable offer to purchase the Bonds pursuant to the terms therein provided. Registration to Bid Prospective bidders wishing to submit electronic bids must be contracted customers of Parity. Prospective bidders who do not have a contract with Parity, must call (212) 849 -5021 to become a customer. By submitting an electronic bid for the Bonds, a bidder represents and warrants to the City that such bidder's bid for the purchase of the Bonds is submitted for and on behalf of such prospective bidder by an officer or agent who is duly authorized to bind the bidder to a legal, valid and enforceable contract for the purchase of the Bonds. If any provisions of this Notice of Sale shall conflict with information provided by Parity, as approved provider of electronic bidding services, this Notice of Sale shall control. Further information about Parity, including any fee charged, may be obtained from Parity at (212) 849 -5021. The time maintained by Parity shall constitute the official time with respect to all bids submitted through Parity. Disclaimer Each prospective bidder who wishes to submit electronic bids shall be solely responsible to register to bid via Parity. Each qualified prospective bidder shall be solely responsible to make necessary arrangements to access Parity for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Notice of Sale. Neither the City nor Parity shall have any duty or obligation to undertake such registration to bid for any prospective bidder or to provide or assure such access to any qualified prospective bidder, and neither the City nor Parity shall be responsible for a bidder's failure to register to bid or for proper operation of or have any liability for any delays or interruptions of, or any damages caused by Parity. The City is using Parity as a communications mechanism, and not as the City's agent, to conduct the electronic bidding for the City's Bonds. The City is not bound by any advice or determination of Parity as to whether any bid complies with the terms of this Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via Parity are the sole responsibility of the bidders, and the City is not responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder encounters any difficulty in registering to bid, or submitting or modifying a bid for the Bonds, it should telephone Parity and notify the City's Financial Advisor, Capital Markets Advisors, LLC at 716 - 662 -3910 (provided that the City shall have no obligation to take any action whatsoever upon receipt of such notice). Good Faith Deposit A good faith deposit (the "Deposit ") in the amount of $50,000 in the form of (i) a cashier's check payable to the order of said City of Buffalo, New York, or (ii) a wire transfer in accordance with instructions herein, is required for each bid to be considered. If a check is used, it must be sent to the Comptroller at 1225 City Hall, Buffalo, New York 14202. Bidders are instructed to contact Richard Calipari, Deputy Comptroller, at the above office address (Telephone No. 716 -851 -5269, Fax No. 716- 851- 4633), to obtain the City's wire instructions. The Deposit, whether by cashier's check or wire, should be received not later than 9;00 A.M. on the date of the sale, however, the City reserves the right to award the Bonds to a successful bidder whose wire transfer is initiated but not received by such time provided that such successful bidder's fed wire reference number has been received. Moreover, a Fed wire reference number must be provided at the time the bid is submitted. The City shall not incur any liabilities from delays of or interruptions in the receipt of the Deposit by fed wire or return of the Deposit to the unsuccessful bidders. No interest on the Deposit will accrue to the purchaser or any other bidder. Basis of Award The Bonds will be awarded and sold to the bidder complying with the terms of sale and offering to purchase the Bonds at the lowest true interest cost (-TIC", The TIC will be determined by doubling the semiannual interest rate, compounded semiannually, necessary to discount the semiannual debt service payments on the Bonds from the payment dates to the Dated Date of the Bonds and to the aggregate purchase price of the Bonds. If two or more such bidders offer the same lowest true interest cost, then one of such bidders will be selected by the Sale Officer by lot from among all such bidders. The successful -3- 4 7 7 bidder must also pay an amount equal to the interest on the Bonds accrued from their Dated Date to the date of payment of the purchase price, if any. When the successful bidder has been ascertained, the Sale Officer will promptly return all deposits made to the persons making the same, except the Deposit made by such successful bidder. Award of the Bonds to the successful bidder, or rejection of all bids, is expected to be made promptly after opening of the bids and receipt of written approval from the Buffalo Fiscal Stability Authority. The successful bidder will be notified of the award to him, and if he refuses or neglects to pay the agreed price of the Bonds less the amount deposited by him, the amount deposited by him shall be forfeited to and retained by the City as liquidated damages for such neglect or refusal. The Deposit will. be retained by the City and: (a) will be applied, without allowance for interest, against the purchase price when the Bonds actually are delivered to and paid for by such successful bidder; or (b) will be retained by the City as liquidated damages if the bidder defaults with respect to the bid; or (c) will be returned to the bidder if the Bonds are not issued by the City for any reason which does not constitute a default by the successful bidder. The Bonds will be delivered to DTC and shall be paid for in Federal Funds on or about April 30, 2012 in New York City, or on such business day and at such hour, as the Sale Officer shall fix on three business days' notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder. The deposit of the Bonds with DTC under a book -entry system requires the assignment of CUSIP numbers prior to delivery. It shall be the responsibility of the successful bidder to obtain CUSIP numbers for the Bonds prior to delivery and the City will not be responsible for any delay occasioned by the inability to deposit the Bonds with DTC due to the failure of the successful bidder to obtain such numbers and to supply them to the City in a timely manner. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of said number shall be the responsibility of and shall be paid for by the successful bidder. The City reserves the right to reject all bids. Any bid which fails to substantially comply with the terms of this notice will be rejected. Bond Insurance If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefor shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. Other Information The proceeds of the Bonds will be used to provide funds to finance the cost or part of the cost of various capital improvements in and for the City, as further described in the Preliminary Official Statement prepared in connection with the sale and issuance of the Bonds. The debt statement to be filed pursuant to § 109.00 of the local Finance Law in connection with the sale of the Bonds, prepared as of March 2, 2012, will show the average full valuation of real estate subject to taxation by the City to be $6,496,017,510, its debt limit to be $584,641,576 and its total net indebtedness subject to the debt limit (exclusive of the Bonds) to be $282,947,893. The issuance of the Bonds is expected to increase the total net indebtedness of the City by $5,000,000'. In addition, the City expects to issue its $22,000,000* General Improvement Serial Bonds - 2012A (the "2012A Bonds ") and $15,265,000' General Obligation Refunding Bonds- 2012C (the "2012C Bonds "), simultaneously with the Bonds. The issuance of the 2012A Bonds and the 20I2C Bonds is expected to increase the total net indebtedness of the City by approximately $37,265,000 *. The Bonds are general obligations of the City. There is no limitation, either as to rate or amount, upon ad valorem taxes upon taxable real property in the City which may be required to pay the Bonds and the interest thereon. As discussed in the section entitled the "New Tax Levy Limit Law" in the Preliminary Official Statement prepared in connection with the sale and Preliminary, subject to change. -4- �A� issuance of the Bonds, the limitations imposed upon the City by Chapter 97 of the Laws of 2011 does not apply to the City's power to increase it's annual tax levy for Buffalo CSD purposes. The State Constitution requires the City to pledge its faith and credit for the payment of the principal of the Bonds and the interest thereon and to make annual appropriations for the amounts required for the payment of such interest and the redemption of the Bonds. The State Constitution also provides that if at any time the appropriating authorities fail to make the required appropriations for the annual debt service on the Bonds and certain other obligations of the City, a sufficient sum shall be set apart from the first revenues thereafter received and shall be applied for such purposes, and also that the chief fiscal officer of the City may be required to set apart and apply such revenues as aforesaid at the suit of any holder of such obligations. Upon default in the payment of principal of or interest on the Bonds, the State Comptroller is required, under the conditions and to the extent prescribed by Section 99 -b of the State Finance Law, to withhold state aid and assistance for education to the City and apply the amount thereof so withheld to the payment of defaulted principal and interest with respect to said Bonds and said other obligations. Approving Legal Opinion The successful bidder will be furnished without cost with the approving opinion of the law firm of Hawkins Delafield & Wood LLP, New York, New York, Bond Counsel to the City, to the effect that the Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit and, unless paid from other sources, alt the taxable real property within the City is subject to the levy of ad valorem real estate taxes to pay the Bonds and interest thereon without limitation as to rate or amount. Said .opinion shall also contain further statements to the effect that (a) the enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency, or other laws affecting creditors' rights or remedies heretofore or hereafter enacted, and (b) said law firm has not been requested to examine or review and has not examined or reviewed the accuracy or sufficiency of the Official Statement of the City relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City or the Bonds which have been or may be furnished or disclosed to purchasers of the Bonds, and expresses no opinion with respect to such financial statements or other information or the accuracy or sufficiency thereof, In the opinion of Hawkins Delafield & Wood LLP, Bond Counsel to the City, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on any Bonds issued is excluded from gross income for Federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code "), and (ii) interest on any Bonds issued is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest is, however, included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed upon such corporations. The tax certificate of the City (the "Tax Certificate "), which will be delivered concurrently with the delivery of any Bonds issued will contain provisions and procedures relating to compliance with applicable requirements of the Code. In rendering its opinion, Bond Counsel has relied on certain representations, certifications of fact, and statements of reasonable expectations made by the City and others in connection with any Bonds issued, and Bond Counsel has assumed compliance by the City with certain provisions and procedures set forth in the Tax Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on any Bonds issued from gross income under Section 103 of the Code. The successful bidder may at its option refuse to accept any Bonds issued if prior to their delivery the certificate referred to in the preceding paragraph in form and tenor satisfactory to Bond Counsel is not delivered or if any income tax law of the United States of America is hereafter enacted which shall provide that the interest thereon is taxable, or shall be taxable at a future date, for federal income tax purposes, and in such case the deposit made by the successful bidder will be returned and the successful bidder will be relieved of its contractual obligations arising from the acceptance of its proposal. In addition, in the opinion of Bond Counsel, under existing statutes, interest on any Bonds issued is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Bond Counsel expresses no opinion regarding any other Federal or state tax consequences with respect to any Bonds issued. Bond Counsel renders its opinion under existing statutes and court decisions as of the issue date, and assumes no obligation to update its opinion after the issue date to reflect any future .action, fact or circumstance, or change in law or interpretation thereof, or otherwise. Bond Counsel expresses no opinion on the effect of any action taken or not taken.in reliance upon an opinion of other counsel on the exclusion from grass income for Federal income tax purposes of interest on any Bonds issued. -5- Reoffering Price Certificate of Winning Bidder The successful bidder must submit to the City a certificate with respect to the Bonds ("Reoffering Price Certificate "), satisfactory to Bond Counsel, prior to the delivery of the Bonds, which states that: (a)(i) on the date of award, such successful bidder made a bona fade public offering of all Bonds of all maturities at initial offering prices corresponding to the prices or yields indicated in the information famished in connection with the successful bid, and (ii) as of such date, the first price or yield at which an amount equal to at least ten percent of each maturity of the Bonds was sold to the public was, respectively, a price not higher or a yield not lower than indicated in the information furnished with the successful bid (the "first price rule "), with the exception of those maturities, if any, identified in such certificate, as to which such certificate shall explain the reasons the first price rule was not satisfied, and (iii) as of such date, the successful bidder reasonably expected that the Bonds would be initially sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at prices not higher or yields lower than indicated in the information furnished with the successful bid, and such prices and yields, maturity-by- maturity, represented the successful bidder's best judgment of the fair market value of the Bonds, OR (b) such successful bidder has purchased the Bonds for its own account and not with a view to distribution or resale and not in the capacity of a bond house, broker or other intermediary, and the price or prices at which such purchase was made. For the purposes of the Reoffering Price Certificate, the "public" does not include bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers. In making such representations, the successful bidder must reflect the effect on the offering prices of any "derivative products" (e.g., a tender option) used by the bidder in connection with the initial sale of any of the Bonds. Official Statement and Continuing Disclosure 11e City will provide a reasonable number of Official Statements to the successful bidder within five (5) business days following receipt of a written request therefore made to the City. Such request may specify the applicable (a) offering price(s), (b) selling compensation, (c) rating(s), (d) credit enhancement and (e) identity and complete name of the bidder and any participating underwriters, and if so, the Official Statement will be modified or supplemented by the information so specified. The City shall not be liable in any manner for any delay, inaccuracy, or omission on the part of any successful bidder with respect to such request, nor shall the City's failure, as a result thereof, to provide the Official Statement (whether or not modified or supplemented) within the above time period, constitute cause for a failure or refusal by such bidder to accept delivery of and pay for the Bonds in accordance with the terms hereof, The Preliminary Official Statement, dated the date hereof, is in a form "deemed final" by the City for the purpose of Securities and Exchange Commission Rule 15c2 -12 but is subject to modification or supplementation as noted above. In order to assist bidders in complying with Rule 15c2 -12 and as part of the City's contractual obligation arising from its acceptance of each successful bidder's proposal, at the time of the delivery of the Bonds the City will provide an executed copy of its "Undertaking to Provide Continuing Disclosure." Said Undertaking will constitute a written agreement or contract of the City for the benefit of holders of and owners of beneficial interests in the Bonds, to provide to the Electronic Municipal Market Access ( "EMMA "} System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(I of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, the annual financial information and notice of the occurrence of certain material events, as enumerated in said Rule 15c2 -12. The obligations hereunder to deliver or accept the Bonds pursuant hereto shall be conditioned on the availability to the successful bidder and delivery at the time of delivery of the Bonds of the approving opinion of Bond Counsel; of certificates in form and tenor satisfactory to such law firm evidencing the proper execution and delivery of the Bonds and receipt of payment therefor and including a statement, dated as of the date of such delivery, to the effect that there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened relating to the Bonds; and of the several certificates as described in the Official Statement under the heading "Documents Accompanying Delivery of the Bonds." A copy of the Notice of Sale and the Preliminary Official Statement may be obtained upon request from the Office of the Comptroller of the City of Buffalo, Buffalo, New York, at (716) 851 -5269, or from the office of Capital Markets Advisors, -6- A ll LLC, (716) 662 -3914. This Notice of Sale, as well as the Preliminary Official Statement are also available electronically on the Internet at www.munioy.com. For more information, please contact either Richard Calipari, Deputy Comptroller at the City (716) 851 -5269 or Rick Ganci at Capital Markets Advisors, LLC, (716) 662 -3910. Dated: April 2, 2012 Han. Mario J. F. Schroeder Comptroller and Chief Fiscal Officer -7- CITY OF BUFFALO, NEW YORK OFFICIAL BID FORM FOR $5,000,000 SCHOOL SERIAL BONDS -2012B April 17, 2012 (bid opening at 11:15 AM) Telephone No. 716- 662 -3910 Fax No. 716 -662 -6684 To: Hon. Mark J. F. Schroeder Comptroller, City of Buffalo c/o Capital Markets Advisors, LLC 4211 North Buffalo Road, Suite 19 Orchard Park, New York, 14127 Dear Comptroller Schroeder: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated April 2, 2012, which is hereby made a part of this Proposal, we offer to purchase all of the $5,000,000* School Serial Bonds - 201213 of the City of Buffalo, New York, described in said Notice of Sale, and to pay therefor the price of $5,000,000* plus $ , plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided that the Bonds maturing in the several years set forth below shall bear interest from their date until maturity at the respective rates per annum stated in the following table: 2020 .325,000 Deposit Requirement: ❑ _ We enclose herewith a cashier's check in the sum of $50,000, made payable to the order of the City of Buffalo, New York. ❑ _ We sent a Fed wire transfer of $50,000 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for liquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) �A. -8- Principal Principal Maturi Amount* Rate Maturi Amount* Rate 2013 $290,000 2021 $335,000 2014 290,000 2022 345,000 2015 295,000 2023 355,000 2016 300,000 2024 365,000 2017 305,000 2025 375,000 2018 310,000 2026 390,000 2019 315,000 2027 405,000 2020 .325,000 Deposit Requirement: ❑ _ We enclose herewith a cashier's check in the sum of $50,000, made payable to the order of the City of Buffalo, New York. ❑ _ We sent a Fed wire transfer of $50,000 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for liquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) �A. -8- The following is our computation of the true interest cost, made as provided in the above - mentioned Notice of Sale, but not constituting any part of the foregoing Proposal for the purchase of $5,000,000' bonds under the foregoing Proposal: Par Amount of the Bonds ..... .............................. Add: Premium............................... ............................... $ Accrued Interest .................... .............................. Target Value for Calculation .............................. � True Interest Rate ............... ............................... % (four decimals) Return of the good faith check or Fed wire transfer on April 17, 2012, in the amount of $50,000 from the City of Buffalo, New York, is hereby acknowledged: The financial terns of the bonds is hereby approved. Name: Title: Buffalo Fiscal Stability Authority W Preliminary, subject to change. By: Telephone Facsimile -9- k APPENDIX C REGISTERED NO. R i• i i' UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF ERIE CITY OF BUFFALO (GENERAL IMPROVEMENT) (SCHOOL) MATURITY DATE INTEREST RATE April 1, REGISTERED OWNER: °IG PRINCIPAL SUM: REGISTERED SERIAL BOND- (2012A) SERIAL BOND- (2012B) DATE OF ORIGINAL ISSUE CUSIP April 30, 2012 119677 DOLLARS The CITY OF BUFFALO, in the County of Erie, a municipal corporation ofthe State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon presentation and surrender of this bond at Manufacturers & Traders Trust Company, Buffalo, New York, as fiscal agent (herein called "Fiscal Agent "), or any successor thereto, and to pay interest on such PRINCIPAL SUM from April 30, 2012 or from the most recent interest payment date to which interest has been paid at the INTEREST RATE (stated above), payable on April 1, 2013, October 1, 2013 and semiannually thereafter on April 1 and October 1 of each year until maturity or redemption prior to maturity as set forth herein. Interest hereon shall be payable by wire transfer or in clearinghouse funds by said Fiscal Agent on each interest payment date to the registered owner hereof at his address as it appears on the registration books of the City maintained by the Fiscal Agent or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent at the close of business on the fifteenth day of the month preceding each interest payment date. The principal of and interest on this bond and applicable redemption premium, if any, are payable in any coin or currency of the United States of America which, at the date of payment, is legal tender for the payment of public and private debts, provided, however, that interest on this fully registered bond shall be paid by wire transfer or clearinghouse funds as set forth above. CEDE & CO. 1151628.1 036191 CLD �o The faith and credit of such City of Buffalo are hereby irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the City of Buffalo, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the CITY OF BUFFALO has caused this bond to be executed in its name by the manual signature of its Comptroller and a facsimile of its corporate seal to be reproduced hereon. CITY OF allEFALO E E .. ." by: Comptroller 1151628.1 036191 CLD 1 �k City of Buffalo, New York (General Improvement) Serial Bond- (2012A) (School) Serial Bond- (2012B) This bond is one of an authorized issue, the principal amount of which is ($22,000,000, $5,000,000), the bonds of which are of like tenor, except as to number, maturity, interest rate and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), various bond resolutions duly adopted by the Common Council of the City on February 21, 2012, authorizing the issuance of bonds of the City to finance various improvements in the City, and a Certificate of Determination executed by the Comptroller as of April 2, 2012, determining the terms, form and details of issuance of said serial bonds (the "Bonds ") and providing for the public sale thereof (the "Certificate of Determination "). The Bonds are issued subject to the provisions of the Capital Debt Service Act of the City of Buffalo, constituting Chapter 12 of the Laws of 1977 of the State of New York {the "Act "), and the Enabling Resolution adopted by the Common Council of the City of Buffalo on March 8, 1977 and approved by the Mayor on said date (the "Resolution "). A copy of the Resolution is on file at the office of the City Clerk and at the office of Manufacturers and Traders Trust Company (the "Trustee "), in Buffalo, New York. The Bonds are entitled to the benefits of the Act and the Resolution, including certain covenants of the City authorized by the Act and set forth in the Resolution. Reference to the Resolution, and any and all modifications thereto, and to the Act, is made for a description of the nature and extent of such covenants, the rights and remedies of the holders or registered owners of the Bonds with respect thereto, and a statement of the rights, duties and obligations of the City and of the Trustee. To the extent and in the respects permitted by the Resolution, the provisions of the Resolution may be modified or amended by action on behalf of the City taken in the manner and subject to the conditions and exceptions prescribed in the Resolution. The Bonds are issuable in the form of registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds maturing in any year. This Bond is transferable or exchangeable, as provided in the Certificate of Determination, only upon the books of the City kept for that purpose at the corporate trust department of the Fiscal Agent, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new Bond or Bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in 1151628.1 036191 CLD exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity at the option of the City on April 1, 2021 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. The Bonds shall be redeemable upon the giving of notice which identifies Bonds to be redeemed, by mailing such notice to the registered owners thereof at least 30 days prior to the date set for redemption at their respective addresses shown on the registration books of the City maintained by the Fiscal Agent. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the redemption price on the redemption date designated in the notice of redemption, and interest on such Bonds shall cease to accrue from and after the designated redemption date. 1151628.1 036191 CLD Hawkins DelafieId & Wood LLP One Chase Manhattan Plaza New York, New York 10005 April 30, 2012 The Common Council of the City of Buffalo, New York Ladies and Gentlemen: We have examined a record of proceedings relating to the sale and issuance of $22,000,000 General Improvement Serial Bonds -2012A (the "Bonds ") of the City of Buffalo (the "City "), in the County of Erie, a municipal corporation of the State of New York. The Bonds are issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws. of the State of New York, various bond resolutions duly adopted by the Common Council of the City on February 21, 2012, authorizing the issuance of bonds of the City for the purposes referred to therein; and a Certificate of Determination executed by the Comptroller as of April 2, 2012, determining the terms, form and details of issuance of said bonds and providing for their public sale (the "Certificate of Determination"). The Bonds are dated April 30, 2012, mature on April 1 in the principal amounts in each of the following years, and bear interest at the respective rates per annum payable on April 1, 2013, October 1, 2013 and semiannually thereafter on April 1 and October 1 in each year until maturity, as set forth below: Year of Principal Interest Year of Principal Interest Maturi Amount Rate Maturi Amount Rate The Bonds maturing on or before April 1, 2021 will not be subject to redemption prior to maturity. The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity, at the option of the Town, on April 1, 2021 and thereafter on any date, as a whole or in part, and if in part in any order of their maturity and in any amount within a maturity (selected by lot within a maturity) at such prices and subject to such notice and other conditions stated in the Bonds. 1151628.1036191 CLD 1 The Bonds are issued only in fully registered form without interest coupons, in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company, an automated depository for securities and clearinghouse for securities transactions which will maintain a book -entry system for recording the ownership interests in the Bonds. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. Purchases of ownership interests in the Bonds will be made in book -entry form in denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds of each series maturing in such year. The Bonds are lettered AR and numbered separately from one consecutively upward. Pursuant to Chapter 97 of the Laws of 2011, effective June 24, 2011, a statutory Iimitation was imposed upon the City's power to increase its annual tax levy above a certain specified amount. In our opinion, said Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit for the payment thereof. The Bonds are payable from annual budgetary appropriations to pay the principal of and interest thereon, including ad valorem real estate taxes which may be levied on all the taxable real property within the City. Prior to the enactment of Chapter 97 of the Laws of 2011, all the taxable real property within the City has been subject to the levy of ad valorem taxes to pay the Bonds and interest thereon without limitation as to rate or amount; however, the power of the City to levy unlimited real estate taxes on all the real property in the City may or may not be subject to the statutory limitations imposed by Chapter 97 of the Laws of 2011, depending upon the interpretation of such statute by a court of competent jurisdiction in the event of a legal challenge. The enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency or other laws affecting creditors' rights or remedies heretofore or hereafter enacted. The Internal Revenue Code of 1986, as amended (the "Code "), establishes certain requirements that must be met subsequent to the issuance and delivery of the Bonds in order that interest on the Bonds be and remain excludable from gross income under Section 103 of the Code. The Comptroller of the City, in executing the Arbitrage and Use of Proceeds Certificate, has certified to the effect that the City will comply with the provisions and procedures set forth therein and that it will do and perform all acts and things necessary or desirable to assure that interest paid on the Bonds is excludable from gross income under Section 103 of the Code. We have examined such Arbitrage and Use of Proceeds Certificate delivered concurrently with the delivery of the Bonds, and in our opinion, such certificate contains provisions and procedures under which such requirements can be met. In our opinion, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on the Bonds is excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In rendering the opinion in this paragraph, we have (i) relied on the representations, certifications of fact, and statements of reasonable expectations made by the City in 115I628.1036191 C,D the Arbitrage and Use of Proceeds Certificate and others in connection with the Bonds, and (ii) assumed compliance by the City with certain provisions and procedures set forth in the Arbitrage and Use of Proceeds Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. Further, in our opinion, under existing statutes the interest on the Bonds is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Except as stated above, we express no opinion regarding any other federal or state tax consequences with respect to the Bonds. We render our opinion under existing statutes and court decisions as of the issue date, and we assume no obligation to update, revise or supplement our opinion after the issue date to reflect any future action., fact or circumstance, or change in law or interpretation, or for any other reason. We express no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for federal income tax purposes of interest on the Bonds, or on the exemption from state and local tax law of interest on the Bonds. Other than such record of proceedings, we have not been requested to examine or review and have not examined or reviewed the accuracy or sufficiency of the Official Statement relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City which have been or may hereafter be furnished or disclosed to purchasers of said Bonds, and we express no opinion with respect to any such financial or other information or the accuracy or sufficiency thereof. We have examined the executed first numbered Bond of the 2012 maturity of the Bonds and, in our opinion, the form of said Bonds and their execution are regular and proper. Very truly yours, Is/ Hawkins Delafield & Wood LLP 1151628.1436191 CLD 1� Hawkins Delafield & Wood LLP One Chase Manhattan Plaza New York, New York 10005 April 30, 2012 The Common Council of the City of Buffalo, New York Ladies and Gentlemen: We have examined a record of proceedings relating to the sale and issuance of $5,000,000 School Serial Bonds -2012B (the "Bonds ") of the City of Buffalo (the "City "), in the County of Erie, a municipal corporation of the State of New York. The Bonds are issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York, various bond resolutions duly adopted by the Common Council of the City on April 21, 2012, authorizing the issuance of bonds of the City for the purposes referred to therein; and a Certificate of Determination executed by the Comptroller as of April 2, 2012, determining the terms, form and details of issuance of said bonds and providing for their private sale (the "Certificate of Determination "). The Bonds are dated April 30, 2012, mature on April 1 in the principal amounts in each of the following years, and bear interest at the respective rates per annum payable on April 1, 2013, October 1, 2013 and semiannually thereafter on April 1 and October I in each year until maturity, as set forth below: Year of Principal Interest Year of Principal Interest Matuxity Amount Rate Maturi Amount Rate The Bonds maturing on or before April 1, 2021 will not be subject to redemption prior to maturity. The Bonds maturing on or after April 1, 2022 will be subject to redemption prior to maturity, at the option of the Town, on April 1, 2021 and thereafter on any date, as a whole or in part, and if in part in any order of their maturity and in any amount within a maturity (selected by lot within a maturity) at such prices and subject to such notice and other conditions stated in the Bonds. 1151628.1036191 CLD The Bonds are issued only in fully registered form without interest coupons, in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company, an automated depository for securities and clearinghouse for securities transactions which will maintain a book -entry system for recording the ownership interests in the Bonds. Only one Bond will be initially issued for each maturity in the aggregate principal amount of such maturity. Purchases of ownership interests in the Bonds will be made in book -entry form in denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds of each series maturing in such year. The Bonds are lettered BR and numbered separately from one consecutively upward. In our opinion, said Bonds are valid and legally binding general obligations of the City for which the City has validly pledged its faith and credit and, unless paid from other sources, all the taxable real property within the City is subject to the levy of ad valorem real estate taxes to pay the Bonds and interest thereon without limitation of rate or amount. The enforceability of rights or remedies with respect to such Bonds may be limited by bankruptcy, insolvency or other laws affecting creditors' rights or remedies heretofore or hereafter enacted. The Internal Revenue Code of 1986, as amended (the "Code "), establishes certain requirements that must be met subsequent to the issuance and delivery of the Bonds in order that interest on the Bonds be and remain excludable from gross income under Section 103 of the Code. The Comptroller of the City, in executing the Arbitrage and Use of Proceeds Certificate, has certified to the effect that the City will comply with the provisions and procedures set forth therein and that it will do and perform all acts and things necessary or desirable to assure that interest paid on the Bonds is excludable from gross income under Section 103 of the Code. We have examined such Arbitrage and Use of Proceeds Certificate delivered concurrently with the delivery of the Bonds, and in our opinion, such certificate contains provisions and procedures under which such requirements can be met. In our opinion, under existing statutes and court decisions and assuming continuing compliance with certain tax certifications described herein, (i) interest on the Bonds is excluded from gross income for federal income tax purposes pursuant to Section 103 of the Code and (ii) interest on the Bonds is not treated as a preference item in calculating the alternative minimum tax imposed on individuals and corporations under the Code; such interest, however, is included in the adjusted current earnings of certain corporations for purposes of calculating the alternative minimum tax imposed on such corporations. In rendering the opinion in this paragraph, we have (i) relied on the representations, certifications of fact, and statements of reasonable expectations made by the City in the Arbitrage and Use of Proceeds Certificate and others in connection with the Bonds, and (ii) assumed compliance by the City with certain provisions and procedures set forth in the Arbitrage and Use of Proceeds Certificate relating to compliance with applicable requirements of the Code to assure the exclusion of interest on the Bonds from gross income under Section 103 of the Code. Further, in our opinion, under existing statutes the interest on the Bonds is exempt from personal income taxes of New York State and its political subdivisions, including The City of New York. Except as stated above, we express no opinion regarding any other federal or state tax 1151628.1436191 CLD consequences with respect to the Bonds. We render our opinion under existing statutes and court decisions as of the issue date, and we assume no obligation to update, revise or supplement our opinion after the issue date to reflect any future action, fact or circumstance, or change in law or interpretation, or for any other reason. We express no opinion on the effect of any action hereafter taken or not taken in reliance upon an opinion of other counsel on the exclusion from gross income for federal income tax purposes of interest on the Bonds, or on the exemption from state and local tax law of interest on the Bonds. Other than such record of proceedings, we have not been requested to examine or review and have not examined or reviewed the accuracy or sufficiency of the Official Statement relating to the Bonds, or any additional proceedings, reports, correspondence, financial statements or other documents, containing financial or other information relative to the City which have been or may hereafter be furnished or disclosed to purchasers of said Bonds, and we express no opinion with respect to any such financial or other information or the accuracy or sufficiency thereof. We have examined the executed first numbered Bond of the 2012 maturity of the Bonds and, in our opinion, the form of said Bonds and their execution are regular and proper. 1151628.1 036191 CLD Very truly yours, Is/ Hawkins Delafield & Wood LLP 1151628.1436191 CLD i CERTIb ICATE AS TO LEGAL OPINION I, MARK J. F. SCHROEDER, Comptroller ofthe City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that on the date the bonds described in the opinion hereinabove mentioned were originally delivered and paid for, a written opinion as to the validity of such bonds, dated as of the date of such delivery and payment, was rendered by the law firm of Hawkins DeIaf eld & Wood LLP, New York, New York, and that the foregoing, except as to omission of the date, is a true and correct copy of said opinion, signed duplicates of which have been filed in the corporate trust office of the Manufacturers & Traders Trust Company, Buffalo, New York, as Fiscal Agent. SPECIMEN Mark J. F. Schroeder Comptroller of the City of Buffalo 1151628,1036191 CLD (STATEMENT OF INSURANCE] 1151628.1 036191 CLD 1�i ASSIGNMENT FOR VALUE RECEIVED the Undersigned hereby sells, assigns, and transfers unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE the within bond and does hereby irrevocably constitutes and appoint ,Attorney to transfer said Bond on the books kept for registration of said Bond, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be acknowledged or proved, or in the alternative, certified as to its genuineness by an officer of a bank or trust company Iocated and authorized to do business in New York State. NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 1151628.1036191 CLD APPENDIX D UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE Section 1. Definitions "Annual Information" shall mean the information specified in Section 3 hereof. "EMMA" shall mean EIectronic Municipal Market Access System implemented by the MSRB. "GAAP" shall mean generally accepted accounting principles as in effect from time to time in the United States. "Holder" shall mean any registered owner of the ,Securities and any beneficial owner of Securities within the meaning of Rule 13d -3 under the Securities Exchange Act of 1934. "Issuer" shall mean the City of Buffalo, a municipal corporation of the State of New York. "MSRB" shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of the MSRB contemplated by this Agreement. "Purchaser" shall mean the financial institutions referred to in the respective Certificates of Award, executed by the Comptroller as of April 17, 2012. "Rule" shall mean Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 CPR Part 240, §240.15c2 -12), as amended, as in effect on the date of this Undertaking, including any official interpretations thereof issued either before or after the effective date of this Undertaking which are applicable to this Undertaking. "Securities" shall mean the Issuer's $21,640,000 General Improvement Serial Bonds - 2012A, maturing in various principal amounts on April 1 in each of the years 2013 to 2023, inclusive, and delivered on the date hereof and the $5,000,000 School Serial Bonds - 201213, maturing in various principal amounts on April 1 in each of the years 2013 to 2027, inclusive, and delivered on the date hereof. Section 2. Obligation to Provide Continuing Disclosure (a) The Issuer hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided to the EMMA System: (i) no later than 180 days after the end of each fiscal year, commencing with the fiscal year ending June 30, 2012, the Annual Information relating to such fiscal year, together with audited financial statements of the Issuer for such fiscal year if audited financial statements are then available; pmvided however that if audited financial statements are not then available, unaudited financial statements shall be provided with the Annual Information, and audited financial statements, if any, shall be delivered to the EMMA System within thirty (30) days after they become available and in no event later than � 360 days after the end of each fiscal year; and in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of any of the following events with respect to the Securities: (1) principal and interest payment delinquencies; (2) non - payment related defaults, - if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 JEB) or other material notices of determinations with respect to the tax status of the Securities, or other material events affecting the tax status of the Securities; (7) modifications to rights of Securities holders, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Securities, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the Issuer; Note to clause (12) For the purposes of the event identified in clause (12) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U. S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or government authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer; (13) the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) in a timely manner, not in excess of ten (10) business days after the occurrence of such event, notice of a failure to provide by the date set forth in Section 2(a)(i) hereof any Annual Information required by Section 3 hereof. (b) Nothing herein shall be deemed to prevent the Issuer from disseminating any other information in addition to that required hereby in the manner set forth herein or in any other manner. If the Issuer disseminates any such additional information, the Issuer shall have no obligation to update such information or include it in any future materials disseminated hereunder. (c) Nothing herein shall be deemed to prevent the Issuer from providing notice of the occurrence of certain other events, in addition to those listed above, if the Issuer determines that any such other event is material with respect to the Securities; but the Issuer does not undertake to commit to provide any such notice of the occurrence of any event except those events listed above. Section 3. Annual Information (a) certain annual information, in a form generally consistent with the information contained in Appendix A of the Official Statement prepared by the Issuer in connection with the Securities. (b) All or any portion of the Annual Information may be incorporated in the Annual Information by cross reference to any other documents which are (i) available to the public on the EMMA System or (ii) filed with the SEC. If such a document is a final ofcial statement, it also must be available from the EMMA System. (c) Annual Information for any fiscal year containing any modified operating data or financial information (as contemplated by Section 7(e) hereof) for such fiscal year shall explain, in narrative form, the reasons for such modification and the effect of such modification on the Annual Information being provided for such fiscal year. If a change in accounting principles is included in any such modification, such Annual Information shall present a comparison between the financial statements or information prepared on the basis of the modified accounting principles and those prepared on the basis of the former accounting principles. Section 4. Financial Statements The Issuer's annual financial statements for each fiscal year shall be prepared in accordance with GAAP as in effect from time to time. Such financial statements shall be audited by an independent accounting firm. Section 5. Remedies If the Issuer shall fail to comply with any provision of this Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and may tau compel the Issuer or any such officers, agents or employees to perform and carry out their duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Issuer hereunder and no person or entity shall be entitled to recover monetary. damages hereunder under any circumstances. Failure to comply with any provision of this Undertaking shall not constitute an event of default on the Securities. Section 6. Parties in Interest This Undertaking is executed to assist the Purchaser to comply with (b)(5) of the Rule and is delivered for the benefit of the Holders. No other person shall have any right to enforce the provisions hereof or any other rights hereunder. Section 7. Amendments Without the consent of any holders of Securities, the Issuerr at any time and from time to time may enter into any amendments or changes to this Undertaking for any of the following purposes: (a) to comply with or conform to any changes in Rule 15c2 -12 (whether required or optional); (b) to add a dissemination agent for the information required to be provided hereby and to make any necessary or desirable provisions with respect thereto; (c) to evidence the succession of another person to the Issuer and the assumption of any such successor of the duties of the Issuer hereunder; (d) to add to the duties of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (e) to modify the contents, presentation and format of the Annual Information from time to time to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Issuer or to reflect changes in the identity, nature or status of the Issuer or in the business, structure or operations of the Issuer or any mergers, consolidations, acquisitions or dispositions made by or affecting any such person; provided that any such modifications shall comply with the requirements of Rule 15c2 -12 or Rule 15c2 -12 as in effect at the time of such modification; or (f) to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision hereof, or to make any other provisions with respect to matters or questions arising under this Undertaking which, in each case, comply with Rule 15c2 -12 or Rule 15c2 -12 as in effect at the time of such amendment or change; provided that no such action pursuant to this Section 7 shall adversely affect the interests of the Holders in any material respect. In making such determination, the Issuer shall rely upon an opinion of nationally recognized bond counsel. Section 8. Termination This Undertaking shall remain in full force and effect until , such time as all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or legally defeased pursuant to the their terms. Upon any such legal defeasance, the Issuer shall provide notice of such defeasance to the EMMA System. Such notice shall state whether the Securities have been defeased to maturity or to redemption and the timing of such maturity or redemption. In addition, this Agreement, or any provision hereof, shall be null and void in the event that those portions of the Rule which require this Agreement, or such provision, as the case may be, do not or no longer apply to the Securities, whether because such portions of the Rule are invalid, have been repealed, or otherwise. Section 9. Undertaking to Constitute Written A eement or Contract. This Undertaking shall constitute the written agreement or contract for the benefit of Holders of Securities, as contemplated under Rule 15c2 -12. Section 10. Governing Law This Undertaking shall be governed by the laws of the State of New York determined without regard to principles of conflict of law. Section 11. No Previous Non -Com 1p iance The Issuer represents that in the previous five years it has not failed to comply in all material respects with any previous undertaking in a written contract or agreement specified in paragraph (b)(5)(i) of the Rule. M CITY OF BUFFALO M Comptroller IN WITNESS WHEREOF, the undersigned has duly authorized, executed and delivered this Undertaking as of April 30, 2012. 1Ij % 00 15 SUPPLEMENTAL CERTIFICATE OF DETERMINATION BY THE CITY COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF THE GENERAL OBLIGATION REFUNDING BONDS -2012C OF THE CITY OF BUFFALO, NEW YORK, AND PROVIDING FOR THE PUBLIC SALE THEREOF 1, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called "City'), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT, that pursuant to the powers and duties delegated to me, the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following additional determinations in connection with the sale of the General Obligation Refunding Bonds -2012C (herein called the "Bonds ") of the City, which hereby supplement the determinations set forth in my Certificate of Determination dated April 2, 2012 (the "Certificate of Determination): 1. It has been determined that the City shall make an equity contribution in the amount of $1,299,598.00 (the "Equity Contribution ") to accomplish the refunding of the Refunded Bonds, as the term is defined in the Certificate of Determination. Said Equity Contribution consisting of unspent bond proceeds from the Refunded Bonds. 2. As a result of the foregoing, the par amount of Bonds to be issued has been changed from $15,265,000 to $13,965,000. The Supplemental Notice of Bond Sale dated the date hereof and attached hereto as Appendix A shall be circulated to prospective bidders in conformity with the applicable ,provisions of paragraph 12 of the Ccrtif cats of Determination. The Bonds shall mature as shown in the Supplemental Notice of Sale. Except as otherwise provided herein, all other terms and conditions of the Bonds and the sale thereof, as set forth in 1151928.1 036402 CLD the Certificate of Determination and in the prior Notice of Sale dated April 2, 2012 (the "Original Notice of Sale ") shall remain the same. In addition, all other terms and conditions set forth in the Original Notice of Sale of the City, are deemed to be a part of the Supplemental Notice of Sale. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 12th day of April, 2012. omptroller RECEIVED AND HLE 1151928.1 036402 CLD CLERK'S CERTIFICATE I, GERALD CHWALI NSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Supplemental Certificate of Determination executed by the Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Cleric on or before April 30, 2012; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Comptroller of the City by Resolution No. 194, duly adopted on the 4th day of October, 1945, and Resolution No. 160, duly adopted on the 1st day of November, 1994, referred to in said Certificate, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this day of April, 2012. (SEAL) . y Cle •k 1151928.1 036442 CLD -v APPENDIX A 115I928.1036402 CLb CITY OF BUFFALO IN THE COUNTY OF ERIE, NEW YORK SUPPLEMENTAL NOTICE OF BOND SALE $13,965,000' General Obligation Refunding Bonds -2012C This Supplemental Notice of Sale supplements the prior Notice of Sale dated April 2, 2012. The prior Notice of Sale made reference to the sale of $15,265,000* General Obligation Refunding Bonds- 2012C. The par amount of bonds to be issued has been changed from $15,265,000 to $13,965,000 *. The bonds shall mature as shown below, subject to change as indicated in the Notice of Sale. Except as otherwise provided herein, all other terms of the prior Notice of Sale dated April 2, 2012 shall remain the same. SEALED PROPOSALS will be received by the undersigned Comptroller (the "Sale Officer ") of the City of Buffalo, in the County of Erie, New York (the "City "), via iPreo's Parity Electronic Bid Submission System ( "Parity ") or by facsimile transmission (see "Submission of Bids" herein), on Tuesday, April 17, 2012 until 11:30 a.m. (local time) at which time they will be opened publicly and announced f6r the purchase of $13,965,000* General Obligation Refunding Bonds -20120 of the City (the "Bonds "), due on June 1, 2012 and December I thereafter, in the annual principal installments as shown below. The Bonds will be dated the date of delivery (the "Dated Date "). Following the sale of the Bonds, the total par amount of the issue, purchase price and amounts ofthe maturities of the Bonds are subject to change depending upon the actual interest rates bid and the successful bidder's initial reoffering yields, in order to effectuate the City's plan of refunding certain outstanding bonds referred to herein. Accordingly, the City reserves the right, in its discretion, but only to the extent necessary, to increase or decrease the par amount of the issue and the maturities of the Bonds, in order that the City can effectuate the most cost effective refunding of said outstanding bonds. Any adjustments shall, to the extent necessary, also effectuate and provide for substantially level or declining debt service for the Bonds Such adjustments will be made within two (2) hours following the opening of the bids. The successful bidder may neither withdraw nor modify its bid as a result of any such post -bid adjustment. The Bonds of each maturity, as adjusted, will bear interest at the same rate and must have the same initial reoffering yields as specified for that maturity by the successful bidder for the Bonds. In adjusting the par amount of the Bonds following the award, the City will hold constant the successful bidder's Underwriter's Spread per $1,000 bonds as indicated in the original bid "Underwriter's Spread" shall be defined as the difference between the purchase price of the Bonds submitted by the bidder and the price at which the Bonds will be issued to the public (calculated from information provided by the bidder) divided by the par amount of the Bonds bid However, the award will be made to the bidder whose bid produces the lowest true interest cost rate, calculated as specified herein, solely on the basis of the Bonds offered, without taking into account any adjustment in the amount of Bands pursuant to this paragraph. Any such adjustment shall be conclusive, and shall be binding upon the successful bidder The issuance of the Bonds is expected to increase the total net indebtedness of the City by $13,965,000'. The amount of the good faith deposit (tha "Deposit") shall be $139,+650 * Preliminary, subject to change. 1149921,1 036191 CLD Date of Date of Amount * Maturi Amount * Maturi $ 120,000 June 1, 2012 $ 680,000 December 1, 2018 1,235,000 December 1, 2012 665,000 December 1, 2019 1,990,000 December 1, 2013 465,000 December 1, 2020 3,930,000 December 1, 2014 475,000 December 1, 2021 1,505,000 December 1, 2015 480,000 December 1, 2022 710,000 December 1, 2016 500,000 December 1, 2023 700,000 December 1, 2017 510,000 December 1, 2024 The issuance of the Bonds is expected to increase the total net indebtedness of the City by $13,965,000'. The amount of the good faith deposit (tha "Deposit") shall be $139,+650 * Preliminary, subject to change. 1149921,1 036191 CLD s CITY OF BUFFALO, NEW YORK OFFICIAL BID FORM FOR $13,965,000 GENERAL OBLIGATION REFUNDING BONDS -20120 April 17, 2012 {bid opening at 11:30 AM Telephone No. 716 - 662 -3910 Fax No. 716 - 662 -6684 To: Hon. Mark J. F. Schroeder Comptroller, City of Buffalo c/o Capital Markets Advisors, LLC 4211 North Buffalo Road, Suite 19 Orchard Park, New York, 14127 Dear Comptroller Schroeder: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale dated April 2, 20I2 and Supplemental Notice of Sale dated April 12, 2012, which are hereby made a part of this Proposal, we offer to purchase all of the $13,965,000* General Obligation Refunding Bonds -20I2C of the City of Buffalo, New York, described in said Notice of Sale, and to pay therefor the price of $13,965,000* plus $ , plus interest, if any, accrued on said Bonds from their date to the date of their delivery, provided that the Bonds maturing in the several years set forth below shall bear interest from their date until maturity at the respective rates per annum stated in the following table: Date of Maturi June 1, 2012 December 1, 2012 December 1, 2013 December 1, 2014 December 1, 2015 December 1, 2016 December 1, 2017 Principal Amount * Rate $ 120,000 1,235,000 1,990,000 3,930,000 1,505,000 710,000 700,000 Date of Principal Maturi Amount * December 1, 2018 $680,000 December 1, 2019 665,000 December I, 2020 465,000 December 1, 2021 475,000 December 1, 2022 480,000 December 1, 2023 500,000 December 1, 2024 510,000 Rate De osp it Requirement: © We enclose herewith a cashier's check in the sure of $139,650, made payable to the order of the City of Buffalo, New York. © We sent a Fed wire transfer of $139,650 to the account of the City designated for such purpose in accordance with the Notice of Sale and instructions provided by the City. The fed wire confirmation number is at The Deposit will be returned to the undersigned if the bid is not accepted. If this bid is accepted said Deposit will be applied as part payment for the Bonds or retained by the City as and for liquidated damages in case the undersigned should not take up and pay for the Bonds in accordance with the terms of this offer. (continued) The following is our computation of the true interest cost, made as provided in the above - mentioned Notice of Sale, but not constituting any part of the foregoing Proposal for the purchase of $13,965,000' bonds under the foregoing Proposal: Preliminary, subject to change. 2 1149921.I 036191 CLD Par Amount of the Bonds ............................... Add: Premium ......................................................... $ Accrued Interest ............... .............................. Target Value for Calculation .......................... True Interest Rate ......................................... % (four decimals) Return of the good faith check or Fed wire transfer on April 17, 2012, in the amount of $139,650 from the City of Buffalo, New York, is hereby acknowledged: By: Telephone Facsimile ( 3 ,A� 1149921.1036191 CLD d® TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: New York State and City Comptrollers' Determinations and Joint Certification of the Sale of Securities by the City of Buffalo In order to terminate the "control period" of the Buffalo Fiscal Stability Authority and to commence the "advisory period," Public Authorities Law § 385 1(1) requires that the City Comptroller and the New York State Comptroller jointly certify that securities were sold by the City during the immediately preceding City fiscal year (2010 - 2011) in the general public market and that there is a substantial Iikelihood that such securities can be sold by the City in the general public market from such date through the end of the next succeeding city fiscal year (2012 -2013) in amounts that will satisfy substantially all of the capital and cash flow requirements of the City during that period in accordance with the financial plan.then inexistence. The joint certification made by the City Comptroller and the State Comptroller .shall be based on their separate written determinations. Attached please find the joint certification signed by State Comptroller Thomas DiNapoli and myself, as well as each of our separate written determinations. These items are being filed for informational purposes only, but given their significance to the City of Buffalo, it is important that they be made a part of the public record. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. RECEIVED AND FLED DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: J MARK J. F. SCHROEDER COMPTROLLER April 25 2012 ITY of BUFFALO f xPARTmIilNf1' or f uDIT AND C ONTROL 1225 Ciry HAIL BUFFALO, N EW YO � 1.4242 7-16-851-5255 R... -Nils Olsen,.Jr., Esq, Chair Buffalo Fiscal Stability Authority Market Arcade Building, Suite 400 617 Main Street Buffalo, New York 14203 -1485 Dear Mr. Olsen, ANNE FORTI- SCIALIrvo MST DEPUTYCOMMOI.LRR RICHARD CALIPAR2 COFM I)OIll'YCOMP'[ OUMt INVI?.gTM1�1V1't� IITMANAGF2�NT WILLIAM FERGUSON, CPA: DEPUTY COMPMOLM MY ACCOUNTANT ` DARnYL M&HEI SON, Esq. DSPUTYCOWtROLLEA CITY AUDITOR In order to terminate the "control period" of the Buffalo Fiscal Stability Authority and <coicnmonice the "advisory period," Public Authorities Law 38510) requires that the comptroller and the'state comptrollerjohitlY certify that securities were sold by the city during the immediately preceding city fiscal year in the general public market: and that there is a substantial likelihood that such securities can be sold by the city iii the general public market from such date thrciugli fhe end of the succeeding city fiscal year xI m ounts that will ,satisfy substantially all of the capital and cash flow requirements of the city during that period in accordance with the financial plan then in existence. The joint . certification made by the comptroller and. the state comptroller shall be based on their separate,wrtten determinations, Enclosed herewith, please find the joitit.certification signed by State Comptroller Thomas DiNapoli and myself, as well a s each of o ur separate written deteiminatous, Ira the event that tl a "$uffalp Fiscal Stah lity Authority does vale to transition to aft advisory Period, it is crucial that Buffalo has Its own financial coritrols inn place: That is why t prepared comprehensive legislation designed to.. protect the City's finances for years to come. The proposed amendment to the Charter wouldrequire -the City to submit four -year financial plans the Common Council, in addition to establishing appropriate fund balance policies. In addition, I am working with the Board of Education to establish a similar four -year plan policy for the School District: In order to craft this legislation, which I have been working on since my first day in office, we looked at policies that. were successful in other communities. in our state, as well as some of the: controls that the Buffalo Fiscal Stability Authority has implemented. I am confident that this. plan will give Buffalo the tools to promote a stable fiscal o utlook ; with or without the c ontrol board; I look forward to working with the Buffalo Fiscal Stability Authority and all afoot partners in government to ensure the passage and implementation of this. crideal legislation:, as well as continuing to protect the financial health of the City of Buffalo. Sincerely, 1Vlark J: F. Schraed Comptroller cc: Mayor Byron W. Brown Buffalo Common Council Interim Superintendent Amber M. Dixon Buffalo Board of Education Jeanette M. Mongoid, Executive Director - Buffalo Fiscal Stability Authority { 9 rt p JOINT CERTIFICATION OF THE COMPTROLLER OF THE STATE OF NEW "FORK AND THE COMPTROLLER OF THE CITY OF BUFFALO} We, the undersigned, as Comptroller of the State of New York and Comptroller of the City of Buffalo, respectively, acting pursuant to Public Authorities Law § 385.1 (lj, do hereby jointly certify as of the date hereof that securities . were sold by the City of Buffalo during the immediately preceding City fiscal year {241 in the general public market and that there 'is a. substantial likelihood that such securities can be sold by the City of Buffalo in the general, public market from such date through the end of the next succeeding City fiscal year (2012 -13) in amounts that will satisfy substantially all of the capital and cash flow requirements of the City during that period in accordance with the current City financial plan. This joint ceitification is. based on our separate written determinations, annexed hereto. IN WITNESS WHEREOF., we have set our hands and affixed, respectively, Thomas p. DiNapoli. State Comptroller Dated' a Schroeder City Comptroller Dated: AW I/ ?- 10 DETERMINATION OF THE STATE COMPTROLLER REGARDING SECURITIES SOLD BY THE CITY OF BUFFALO Pursuant to Public Authorities Law § 3851(1), pertaining to the "advisory period" of the Buffalo Fiscal Stability Authority (BFSA.) and the conditions necessary for the commencement of such period, I have considered whether securities were sold by the City of Buffalo in the general public market during its immediately preceding fiscal, year (2010 -11) and the likelihood and extent to which that such securities riray be sold by the City of Buffalo in the general public market from such date through the end of its next succeeding fiscal year (20112 -13). In considering these matters, I have taken into account the Analysis and Findings, annexed hereto, prepared by staff of my l.7ivisinn of Local Government and School Accountability and Office of Budget and Policy Analysis. The Analysis and Findings were based upon reviews of various documents. and data provided by the City of Buffalo and ' BFSA., interviews with experienced individuals in the investment and banking sector, and reviews of official statements and credit rating documents related to City of Buffalo bond issuances. Upon such consideration,_ I hereby determine that securities were said by the City of.Buffalo during the immediately preceding City fiscal "year (2010 -11) in the general . public market and that there is a substantial' likelihood that such securities can be sold by the City of Buffalo in the general public market from such date through the end of the next succeeding City fiscal year (20112 -13) in amounts that will satisfy substantially all of the capital' and cash flow requirements of the City during that period in accordance with the current City financial,plan. Dated: J .9 _. Thomas. P. DiNapol, State Comptroller AC SWA (Aev, U81) OFFICE OF THE STATE COMPTROLLER INTER - OFFICE MEMORANDUM To: Comptroller DiNapoli Date. April 1.9, 2012 From: Steven Hancox, Dep uty Com troll' Sub e #:. Advisoi Period f r p Y P l y o Robert Ward, Deputy Coittptrollei � the Buffalo Fiscal Stability Authority . Bs order to terminate the "control period of the Buffalo Fiscal Stability Authority (BSFA) and commence an "advisory period, "' one criterion that must be met is that the State'Comptroller and the Comptroller of the City of Buffalo jointly certify that securities were sold by the City of Buffalo during the innnediately-preceding City fiscal year (201:4 -. 11) in the general public market and that there is a substantial likelihood that such securities can be sol& by the City of Buffalo in the general public market from such date through the end of the next succeeding City fiscal year (2012 - in .amounts that will satisfy substantially all of the capital and cash flow requirements of the City during that period in accordance with the current City financial plan. The joint certification trust be based on each comptrollees separate written determination, To assist you in making this determination, we have attached ate Analysis and Findings document relating to the City of Buffalo's access to the general public market, prepared by our respective Division staffs. The Analysis and Findings were based on reviews of various documents and data provided by the City of Buffalo and BSFA, interviews with experienced . individuals in the investment. and banking sec tor, acid reviews of official statements and ere dit rating. documents related to City of Buffa band issuances. lit Based on our review of the attached document and our discussions with our staff, we recommend that you make the necessary determination and execute the joint. cert I s' City of Buffalo. Certification - Analysis and Findings April 19, 2412 The Buffalo Fiscal Stability Authority (BFSA) was established by an act of the State Legislature in 2003 in order to assist the City of Buffalo in Its efforts to stabilize its fiscal situation. The BFSA has been in a "controf period" since establishment of the BSFA, In order to terminate the 'control period" and . commence an "advisory period, one criterion that must be met is that the State Qom ptroller and the Comptroller of the City. of Buffalo jointly certify that: Securities were sold by the City of Buffalo during the immediately preceding City fiscal year in the general. public market and that there is a substantial likelihood that such securities can be sold by the City of Buffalo in the general public market from such date through the end of the next succeeding City fiscal year in amounts that will satisfy substantially all of the capital . and cash flow requirements of the City during that period in accordance the. current City financial plan. This joint certification must be based on separate written determinations by the State Comptroller and City Comptroller, The analysis that follows is provided to assist the State Comptroller in making the required determination . and is based on documents and data :provided to staff of the State Comptroller's Division of Local Government and School Accountability and Office of Budget and policy Analysis (Bureau of Debt Managements by'the City and BFSA including: + Four Year Financial Plan of the City of Buffalo,. May 1, 2011 + Buffalo City School District, Four -Year Financial Plan, 2011 -12 to 2014 -15 + City of Buffalo, Fiscal Year 2011 -12 Adopted Budget • 2011 Capital Improvement Program Budget • History and projection of capital /cash flow borrowing Comprehensive debt profile l In addition, 08C conducted interviews with individuals In the investment and banking sector who have experience with the City's debt offerings and municipal securities generally and reviewed recent and previous off!clal statements and credit rating documents related to City bond issuances. General Fiscal,g©nditlart l The City's overall fiscal condition is generally strong, but risks remain. The City had an unreserved fundbalance of over $100 million at the end of fiscal year 2009, t Largely due to reductions in State aid; the City used $13 million of this balance in fiscal year 2011, will use $12 million more in 2012, and plans to use an additional $20 million For the purpose at this document. the immediately preceding City fisoal yur Is City Fiscal Year 2010-11 and the next succeeding City fiscal year Is City Fiscal Year 2012 -13. through fiscal Year.2015. The City's multiyear plan includes planned savings from efficiencies that total approximately $12 million from fiscal year 2013 through fiscal year 2015. Notably, one major risk to the City's budget balance relates to the fact that police and firefighters have been without contracts since before the creation of BFSA, and have been seeking retroactive pay raises. An arbitration .panei awarded the firefighters $13 million. in pay raises, but this award was blocked layBFSA. The Buffalo Professional Firefighters Association has challenged the validity of the BFSA ruling in court. The City's dependent school district's budget is considerably more stressed than the City's. Projected deficits through ,fiscal year 2015 exceed the available unreserved fund balance by about $140 million. Closing this .gap without additional revenue or.ald will require substantial staffing cuts and/or program eliminations. The State Court of Appeals has ruled that the District is not required to pay teachers and certain other workers "step Increases" that they lost during the BFSA imposed wage freeze. Despite these risks, the overall outlook for the City 'is relatively positive. This view is supported. by recent reports issued by both Moody's and Standard and Poor`s rating agencies Their analyses have characterized the City's outlook as stable in the long - terrn. Specifically, they cite a significantly Improved. financial' profile, structurally balanced operations, improved management practices and multiyear financial planning as evidence of stability— findings that further support the likelihood of future market access for the City. Market Access Securlties Sold by the City During. City Fiscal Year 2010-11 The City. of Buffalo had access to the general public markets for its capital needs during its 2010 -11 fiscal year. During its 2010 -11 fiscal year, the City issued a total of $81.535 million in long - terra bonds with Issuances occurring on two separate- occasions, July 21, 2010 and March 8, 2011. Short -term debt for cash flow : purposes, however, was not required. Furthermore; the City had access to the general public markets for its capital needs during its 2008. -09 fiscal year. The City did not access the markets #ar cash flow purposes during these years. The July 21, 2010 bond issue was a competitive new money issue totaling $26.885 million comprised of two series ($21,985,000 General Improvement Serial Bonds, Series 2010A and $4,900,000 School Serial Bonds, Series 20106) with each series Insured by Ass ured Guaranty with final maturities in 2025. There was competitive bidding for each of the two series with each receiving Seven bids. J.P. Morgan Securities was the successful bidder for Series 2010A with a true interest cost. of 3.626% and Morgan Stanley was the successful bidder for Series 2010E with a true interest cost of 3,53 %. This was the first competitive bond sale by the City of Buffalo since 1988. The March 8 2011 bond issue totaling $34,65 million was a negotiated refunding Issue comprised of two series {$12,825;000 General Improvement Serial Bonds, Series 4� 2011Aand $21,825,004 School Serial Bonds Series 20118) with each ser insured by Assured Guaranty for the 2017 through maturities and with 2020 being the final maturity. The b6okwrunning' senior manager was Sterne, Agee & Leach, Inc. and the true interest cost on the bon- ds.was 2;08 %. Present value savings was $1.87 million or 5.4 % of refunded par, The City's pricing for this'negotiated Issue was comparable to similarly rated credits that priced around the same time. City Fiscal Years 2011 -12 and 2012 -13 For City fiscal .year 2011 -12, Buffalo sloes not anticipate the need to issue any short -. term debt for cash flow purposes; however It Issued' a total of $54.4 million in longterm bonds with issuances occurring on two separate occasions, July 6, 2011 and August 9, 2011.In early July, the City issued approximately $27.2 million irr long -term bonds for it capital needs,. including. $22.3 million for City capital. projects (General Improvement E . Serial Bonds, Series 2011C) and $4.9 million for School capital purposes School Serial Bonds, Series 2011 . D). This is comparable to the amount of debt issued in the City's 2010 -11 fiscal year for capital purposes. These bonds were priced via a competitive sale on Tuesday, June 28, 2011 and were delivered on July 6, 2011, early in the City's current fiscal year; There were nine bidders for the larger band series and four bidders for the smaller series, Morgan Stanley submitted the winning bids for each of the series. Both series were insured. by Assured Guaranty. A successful bond pricing with. significant market demand for the. City's bends provides a clear indication that the City will have market access in its upcoming fiscal year. Can July 26, 2 011, the City priced a total of $27.25 million of refunding bonds to refund bonds initially issued for general improvement, school and perking purpose. The pricing was done via a negotiated sale with Sterne, Agee & Leach, Inc., as underwriter, and the bonds were insured by Assured Guaranty Municipal Corp. This refunding issue resulted in an overall present value saving of approximately $1.5 million or 5.9 of refunded par.. The yield spreads for this pricing were more in line with the yield spreads from the March 2011 band issue. j' A review of the City's recent borrowings and discussions with select underwriters also leads us to believe that the City will continue to have. access to the general public i markets in the next succeeding fiscal year. In July 2010, the City's first competitive bond issue in 24. years resulted in excellent underwriter interest and favorable pricing. In addition, although the pricing for the March 2011 and ,July 2011 negotiated refunding i bond issues did not price as well relative to the July 2010 and July 2011 competitive bond issues, there was a noticeable Improvement in yield spreads relative to the June -2009 negotiated bond issue. Also, there was continued Interest by the only remaining viable. insurer, Assured Guaranty; who. has insured all or a portion of the City's bonds since the City re - entered the market.on its own in Ju 2008. we held interviews with the underwriters that participated in the bond issuances by the City during its 2014 - 11 fiscal Year (July 2010 : J.P. Morgan Securities and M Stanley; March 2011 - Sterne, Agee & Leach) to obtain their professional opinions and observations regarding the City's credit Generally, there is a belief by each of the Underwriting firms that. the City will hot have difficulty 'accessing the capital markets In the Citys upcoming fiscal year. During the VA course of our discussions with these firms, several observations were made to support this view. It was noted that although Buffalo is not a highly rted credit, that factor alone should not impair the City's access to the market. The point was also made that, given the current low long -term interest rate environment, Investor demand has Increased for lower rated credits in order to obtain more yield. This factor should benefit the City of Buffalo from a market access perspective. One firm noted that the City successfully sold bonds during a very challenging market environment (February 2011). During this time, money was flowing out of municipal bond .funds,. due to:irwestor skepticism regarding.the safety of. the municipal bonds. The market was still reacting to banking analyst Meredith Whitney's prediction made in December 2410 that there would be sizable municipal bond defaults throughout. 2011. Although municipal bonds have typically been considered among the safest of investments and although there was no specific evidence to support this prediction, her statement left many Investors leery of municipal bonds. Despite this, the underwriter was able to place a sizeable amount of the City's bonds with investors, taking roughly 29 'percent of the 'bonds into inventory which they were ultimately able to sell in the secondary market. Another point was made that. the City's bonds could be marketed with, or without, bond insurance. Since at least 2004, all or'.portions of each of the City's bond .issuances, or bonds issued by the Buffalo Fiscal Stability Authority on behalf of the City, have been insured. Since the, collapse of the municipal bond insurance industry In 2408, there is only cane remaining. viable. insurer of municipal bonds, Assured Guaranty. Given the limited availability of bond insurance, the ability to have market access without bond insurance is an important factor should Assured Guaranty be unwilling to provide . insurance for future City bond issuances. Overall, all three of the underwriting firms believe that the City will not. have problems . obtaining market access in its next succeeding fiscal year. City Bond Ratings Since 2008, the City of Buffalos rating for the General Improvement Bonds was upgraded from "Baal (Stable)" to "Al (Stable)" by Moody' and "BBB" to "A (Stable)" by S&P. During the same period, the rating for the School Bonds was upgraded from 'V" to "Al" by Moody's and remained at "A (Stable)" by S &P. Fitch started rating the City's bonds in 2010 and gives an "A± (Stable)" rating that is applicable to both the General Improvement and School Bonds. The upgrade from. Moody's was partially due to their recalibration to the global ratings scale on April 10 2010. In addition, on April 9, 2012, Moody's upgraded the City's credit rating from A2 to Al. Based on the analysis noted above, we conclude that the City has access to the general public market and should be able to maintain this access through the end of its next succeeding fiscal year. DETERMINATION OF THE CITY COMPTROLLER. REGARDING SECURITIES SOLD By THE CITY OF BUFFALO Pursuant to Public Authorities LaW § 3851(1), pertaining to the "advisory period" of Buffalo Fiscal Stability Authority and the conditions necessary for the commencement of such.period, I have considered whether securities were sold by the City of Buffalo in the general public market during its immediately preceding fiscal year (2410 -11) and the likelihood and extent to which that such securities May be sold by the City of Buffalo in the general public market from such date through the end. of its next succeeding fiscal year (2412 -13), In considering these matters, I have taken into account the advice and counsel of my financial advisor, independent external auditor, bond counsel and professional staff to arrive at an opinion that satisfies me as Compt7roller of the City of Buffalo. A document, "Findings .elated to City of Buffalo Certification" prepared by my staff, annexed hereto, is based upon reviews of various documents and data generated by the City of Buffalo and the Buffalo Fiscal Stability Authority, interviews with experienced professionals in the investment sector and reviews ofofticial statements and credit rating documents related to City of Buffalo bond issuances. Upon such consideration, I hereby determine that securities were sold by the City of Buffalo during the immediately preceding City fiscal year (2ol o -11) in the general public market and :that there is a substantial likelihood that such securities can be sold by the City of Buffalo in the general public market from such date through the end of the next succeeding City Fiscal year (20.12 -13) in Amounts that will satisfy substantially all of the capital and Gash flow requimments of the City during that period in accordance with the current City financial plan. i Mark J. F. Schroeder Comptroller of the City of Buffalo Dated: 4 a MARK I F. SCHROEDER Ct MMOLt eta CITY OF BUFFALO DFBPARTIMENT OF AuVIT AND CONTROL 1225 CITY HALL BUFFALO, NFW YORK 14202 716 - 851 -5255 MEMORANDUM TO: Mark J. F. Schroeder, Comptroller . FROM: Darryl McPherson, City Auditor DATE:. April 20 RE: Findiings Related to City of Buffalo. Certification ANNA: FORTI- SCIARRINO FIRSTDTaPWYC0WTR0LM RICIIARD CALIFARI; CGFM DEPITi'YCOMP OVER INVT'g'fTs!MT & DOT MANAGEMENT WILLIAM FERGUSON, CPA DEPUTY COMI!TROLLER MY ACCOCJ[9'!'ANI` DARRYI McPHER &ON, Esq. . DEp[pTYCL1M¢TROLLER CITY A[3t31T011 At your request, your professional staff of Deputy Comptrollers has reviewed various documents to determine whether the City of Buffalo is now at .a point where the Buffalo Fiscal Stability Authority "BFSA ") can transition from a Control Period to an Advisory Period as defined by the BFSA Act. Specifically, Section 3851(1) of the Act provides the conditions that should herald amove to an Advisory Period. Pursuant to Section 3851(1) of the BFSA Act, an Advisory Periodic defined as follows: "Advisory period" means that period no earlier than .July f>rst, two thousand six, after which the authority has determined that (a) for each of the three immediately preceding city fiscal years, the city has adopted and adhered to budgets covering all expenditures, other than capital items, the. results of which did not show.a deficit, without the use of any authority assistance, as provided for under section thirty -eight hundred fifty -seven of this title, when reported in accordance with generally accepted accounting principles and (b) the comptroller and the state comptroller jointly certify that securities were sold by the city during the immediately preceding city fiscal year .in the general public market and that there is a substantial likelihood that such securities can be sold by the city in the general public market from such date through .the end of the next succeeding city fiscal year in amounts that will satisfy substantially all of the capital. and cash flow requirements of the city during that period in accordance with the financial plan then in existence. The joint certification made by the comptroller and the state comptroller shall be based on their separate written determinations which may take into account a report and opinion of an independent expert in the marketing of securities selected by the authority as well as other information available to, the comptrollers. Once begun, an advisory period shall continue 'through June thirtieth, two thousand thirty -seven unless a control perriod is unposed: Upon an assessment of the BFSA Act, the 2011 City of Buff ..lo. Comprehensive Annual Financial .Report, the Official Statement of the July 14, 2010 bond sale and the Official Statement of the July 28, 201 bored sale; we find that the prerequisites to transitioning from a Control Period to an Advisory P eriod have been net. This finding is farther supported by statements from the City's financial advisor, Capital Markets Advisors, LLC; the City's independent external auditor, Drescher and Malecki, LLP; and the City's bond counsel; Hawkins Delafield .& Wood, LLP, all attached hereto. Our reasoning is explained below. As a general matter our analysis is confined to the finances of the municipal corporation called the, City of Buffalo, The term "City" is defined in Section 3851(6) as the City of Buffalo: Section.3851(1) which speaks to the Advisory Period does not include any reference to the financial condition of any of the "Covered Organisations" which are defined within Section 3851(13) as the City School District, the Joint Sc hools Construction Board, the Buffalo Municipal Housing Authority and potentially many other governmental agencies that inay receive money from the City, excluding the BFSA. Given the very specific direction related to actions of the City; it is reasonable to conclude that since the onset of the Control Period was predicated by the financial condition of the City, it would be the condition of the City of Buffalo solely to determine the end of such period, I Following the requirements of the BFSA Act, the first prong to demonstrate objectively whether the City can transition from the Control Period to the Advisory Period is that far each of the three immediately preceding city fiscal years, the city has adopted and adhered to budgets covering all . expenditures, other than capital items, the results of which did nol show a deficit without the use of any authority assistance, as providedfor under section thirty -eight hundredfifty -seven of this title, when reported in accordance with generally accepted accounting principles: During the fiscal yeairs ending June 30, 2009, 2410 and 2011, the City:of Buffalo recorded a budgetary :surplus for the General Fund of $8,814,715, $13,274,284 and $1,600,847, respectively. For the same years the City recorded a net change in .fund balance for the General Fund of $5,302,716 for the year ended June 30, 2009, $4,142,345 for the year ended June 30, 2010 and ($12,789,124) for the year ended. June 30, 2011 when reported in accordance with generally accepted accounting principles. The negative change iii and.balance for the year ended June 34, 2011, insulted from the fact that the revised 201.0 -11 budget included the use of S14,776,257 of fund balance. The revised budget. which included the use of fund balance was approved by the BFSA; therefore the BFSA agreed that the City could use a portion of their available fund balance to cover current year operations. In addition, as of June 30, 2011 the City General Fund balance totaled $130,545;688 of which $5,6.52,877 was unassigned. Since the BFSA approved the financial plan using fund balance, we find that 'the City cannot be negatively impacted because the use of.fund balance in the General Fund resulted in a negative change in fund.balance in accordance with generally accepted accounting principles, For fiscal years 2008 -2009, 2009 -2010 and 2010- 2411, the City has adopted and adhered to balanced budgetthat were approved by the BFSA as part of the City's Four -'Year Financial Plan, BFSA Resolutions No. 09-20,M). 10� -17 and No. 11 -11 each resolved that "thee RuffAo Fiscal Stability Section 385{1 -a. of the BVSA f r e t titled, Legislative declaration of need f o r state Interveatiion, T h e legislature h reby f i n d s and declares that the city of Buffalo isfacing a.severe fiscal crisis, and that the crisis cannot he. resolveil absent assistance from the state. The legislature finds that the city has repeatedly relied on annual extraordinary increases in state aid to balance its budget mid that the state cannot continue to take such extradrdinary actions on the city's: behalf.. The iegislature.furber finds and declares that maintenance of a balanced budget by the city of Buffalo is a matter of overriding state concern; inquiring The legislatures to intervene to provide ameans whereby: the Tong -term fiscal stability of the city will be.assured, the confidence of investors in the city's bonds and notes is preserved, and the economy of both the region and the state as n whole is protected. Authority. determines that the City of Buffalo's Four -Year Financial Plan is complete, complies t with the standards set forth in Sections 3857 and 3858 of the Buffalo Fiscal Stability Authority 4 Act, and is hereby approved." (emphasis adders These actions by the BFSA provide prima facie evidence that the City's budgets (representing the first year of each financial plan) were in fact balanced and met the standard expected by the BFSA Board within its discretion to. interpret the BFSA Act. Acting within its discretion, the BFSA Board previously voted on June 5, 2007 (Resolution No. 07 -21) to lift the Wage .Freeze it had imposed upon the City in Resolution No. 04 -35 on April 21, 2004. The definition of " Authority Assistance" does not include specific reference to funds made available through the 'Wage Freeze. Nonetheless, any implication that they should be included is blunted by the fact that the approved budgets in question do not include any such funds, as the Wage Freeze was lifted effective July 1, 2007. Since the City has adopted three BFSA- approved budgets, without authority assistance, we find that the first prong to demonstrate objectively that the City can tra.nsitioa from the Control Period to the Advisory Period has been met. The second. prong to demonstrate objectively whether the City can transition from the Control Period to the Advisory Period requires that the comptroller and the state comptroller f ointly certify that securities were sold by the city during the immediatelypreceding city f s'cal year in the general public m arket and that there is a substantial likelihood that such securities can be sold bythe :city in the general public market from such date through the end of the next succeeding city fiscal year in amounts that will satisfy substantially all ofthe capital and cashflow requirements of'the city during that period in accordance with the financial plan then to existence, As evidenced by the Official Statement of the City of Buffalo's July 14, 2010. $26,885,000 bond sale,. the City successfully entered the general public; market and sold securities in the preceding fiscal. year (201.0 - 2011). This was followed by another bond sale within, the next succeeding fiscal year (201.1 - 2012), as evidenced by the Official Statement of the City's July 28,2011 $27,165,000 bond sale. More recently on April 17 2012, the City of Buffalo sold three bonds at the lowest interest rates in the City's history. $21,640,000 General Improvement Bond sold at 2.48 'percent interest, and a $13,225,000 General Obligation Refunding Boxed sold at 2:25 percent interest, reducing the rate on the existing debt by snore, than half, resulting in a $1,600,000 savings in interest costs. These bond sales also marked the first time the City sold bonds without purchasing bond insurance. The City also sold a $5,000,000 School Serial Bond at an interest rate of 2.96 percent. These actions demonstrate that the City of Buffalo can, successfully do business within the capital markets in the past, presently and into. the future. On April 9 2412, the three nationally recognized bored rating agencies, ,Mood y's, Fitch, and Standard & Poor's released their annual rating reports on the City of Buffalo. Moody's upgraded Buffalo's bond. rating to A1, one rioter higher than last year's A2 rating, and five notches higher than. the e rating of Baa3 in'2003 through 2007. The City maintained it's A. +rating with Fitch mid A rating with Standard & Poor's. With this knowledge, we find that the Comptroller of the City of Buffalo is justified to determine that. the City of Buffalo has, in the preceding fiscal year and in the succeeding fiscal year, successfully entered the general public market in amounts that will satisfy substantially all of the capital.and cash flow requirements' of the City, Based on the foregoing and in contemplation of the successful execution of a Joint Certification by the � Comptroller of the City of Buffalo and the New York State Comptroller, we find that the objective criteria established within Section 3851(1) of the BI�SA has been construc satisfied, and the City of Buffalo is poised to transition from a Control Period to an Advi Period. To; Mark J'A Schroeder, Comptroller From: "O'bacl1.xettmeistor Date: March g, 2012 Re: - Buffelo Fiocal Stobliity Authortty,(f RF$1,).$tOtUs. As the 'Citiy of Buffalo's (" pity" ). itidopendettt Financial Advisor; the City has requested our opinion as to the City's ability to m4tkett ilt safisfacti ti o Section 3851(b) the 13uffolo fiscal Aability Authority Act. Gn dune '2 8, 2011, during the hrlor .fisoal. yo.4r the, City success lly sold securities through a public competitive Offering of K900,000 86061 SOU Bonds - HUD And $22,265,000 General 1mproveinent Serial Bonds - 200C. For the 2(111 n issue ft City roocived,fouf bids ad for the 2011 C Issue, the :City �ereiv mine bibs; with both S.eri'es & Bonds awarded to the lowest bidder, Morgan Stanley: The City is currently in the procMa of preparing for it$ thlrtl hntiuul public oompetitive bohd`sale of $22,000,0aU General Improvement Serial 13onds- 2012A, $5,000,0 00 Sehonl Serial Bonds-,20128 and $19,550,000 General. Obligation Refubding BOiids- 0120 with an expected sale date of April 17, 2012. With current bond ratings of'.AT(positive outlook) ;froth Moody's1t.vestors Service, `A' from Standard & Poor's Ratings Services and 'A+' from Fitch Rating$ we beliovo tlem is a 8ubstandal likelihood that securities .can And wil i b® sold. at a market rate in .April 2012 and future fiseal years. It is .oar Op,joich.that given the foregoitig, vsi8.belieVe that tiro City has satisfied the provisions of Section �SSI(b) of t A ct which would a ssist i suppordog the Ardority's moveinent.to an Advisory Period. . Szncertsil(> stet, Principal Capital Markets Advisors, LLC Drescher & ,Malecki LLP 3083 William Street, Sulte.5 Cheektowaga, New York 14227 Telephone: 716.565.2299 © +�r Fax, 7 16-565-2201 de,7a Certified Public Accountants Maaxh 9, 2012 Mr. Daryl McPherson, City Auditor City of Buffalo 1230 City Hall Buffalo, New York .14202. bear Daryl; In order to respond to the inquiry in your correspondence dated February 24, 2012 as to "whether. the City of Buff to is now at a point where the Buffalo Fiscal Stability Authority CT SA "). can transition from .a Control Period to an Advisory Period as defined by the 13FSA Ace, I have read Section:3851(1) of the Act included in chapter 122 of the laws of New York; 2003; and, l have also read the City of Buffalo's Comprehensive Annual Financial Report for each of the years ended Tune 30, 2011, 2010 and 2009. Upon reading the aforementioned items and .meeting with City representatives and advisors oil March 5 2012, .l provide the following comments: The BFSA Act cites "AdvisoryPeri ©d means thatperiod no earlier lhan Julyfrrst, two thousandsk after which the authority has determined that (a) for each of the three immediately preceding cilyfrsealyeam, the city has adopted and adhered to budgets covering all expenditures, other than capital items, the results of which did not show a deficit, without the use of any authority assistance, as provided for under section thirty eight hundred f iffy seven of this title, when reported in accordance with generally accepted accvuriting principles... W , bile the definition is somewhat nebulous, 1 believe that the spirit of the BFSA. Act is that should the City operate within: its budget constraints for three consecutive years, it is eligible to move toward an Advisory Period, The City's General Fund has operated within its approved, spending plan for each of the last three years. The City's General Fund has had positive variances with its final budget of $3,500,847, $13,274,284 acid $8,814,715 for the years ended June. 30, 2011, 2010 and 2009, respectively. Thus, I believe the City of Buffalo meets the requirements of the BFSA Act to transition from a Control Period to an Advisory Period, Yours truly, Thomas P. Malecki, Partner DELAFIELD &WOOD LL -PHONE (2 12) OPO-9300 ONE CHASE: MANHATTAN PLAZA FAX ( 514 =a425 NEW YORK. NY 10005 - - - '' WWW- HAWKiNS.CQM .. , (212) 820.9662 ., . Hon. Mark J. F. Schrooder Comptroller City of Bu ffalo 65 Niagara Square Room 1225 Ruffalo, New York 14202 Re; Pro ased Conversion to BFSA A€lvisar l'eriad Dear Marl {: 1k NEW YORK WASHINGTON NEWARK HARTFC9RO - LOS ANGELES SACRAMENTO SAN FRANCISCa PORTLANQ This 7vill confinn our discussion during the conference call on Monday; March. S, 2012. On that call the possibility and advisability of seeking:to convert from a "control period" to An "advisory period'° under the. Buffalo Fiscal Stability Authority C'AFSA'.°) statute (Chapter 122 Of the taws of 2003 of the Mate of New York) was discussed l7y you and other City nflicials with ins and other advisors to the City. The BFSA statute provides that the BFSA may be converted to an advisory period if and when certain conditions have been met. As discussed during the recent call, the statute is not precise in its definition of certain terms and as a result, some of` the conditions for conversion to An advisory period may be subject to alternative legal interpae.ta .tuns, %ile the ultimate determination as to whether a conversion is authorized maybe subject to interpretation, in our view there is a sufficient legal basis f pursuing a conversion and we would advise that if the City desires to effect such a conversion the City should proceed to commence the process. With best regards, i atn Very truly yours, f Mert P. Smith RPS /rril cc: Anne For ti-Sciarrino Richard. F. Caiipari, CGFM Darryl McPhers Esq. William D. Ferguson, CPA ,{ c; '�.Z ; E143(t$2: t D36179 CORR FROM THE PRESIDENT OF THE COUNCIL May 1, 2012 Q0 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE NOTE: Dates and Times below subject to change TUESDAY Mav 1. 2012 TIME DESCRIPTION CHAIRPERSON LOCATION 2:00 pm . Common Council Meeting (accept Budget) Mr. Fontana Chambers WEDNESDAY MAY 2,201 2 10:00 am Mayor and Executive Department Mr. Pridgen Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations. Citizens Services 11:00 am Dept of Audit Control Mr. LoCurto Chambers Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 11:45 am Common Council Mr. Fontana Chambers Offices of Council Members and Legislative Staff City Clerk Records Retention 2:00 pm Dept of Human Resources Ms. Russell Chambers Employee Relations Civil Service Compensation and Benefits Management Employment and Training 3:00 pm Dept of Law Mr. Rivera Chambers Administrative Adjudication THURSDAY May 3 2012 10:00 am Public Works, Parks, Streets, &Water Mr. Golombek Chambers General Office Engineering, Design and Planning of Streets, . Buildings, Planning and Design Telecommunications Streets, Lighting of Streets, Traffic Engineering, Snow Removal, Labor Pool and Bridges Animal Shelter and Control Parks and Recreation Sanitation and Enterprise Fund -.Solid Waste, Refuse & Recycling Enterprise Fund - Water 11:00 am Economic Development, Permits & Inspections Mr. Smith Chambers Housing and Enforcement Licenses and Permits 1:30 pm Dept of Fire Mr. Pridgen Chambers 2:30 pm Dept of Assessment and Taxation Mr. Franczyk Chambers FRIDAY May 4 2012 10:00 am Management Information Systems Mr. Franczyk . Chambers 11:00 am Community Services & Recreation Mr. Smith Chambers 1:30 pm 2:30 pm 5:00 pm Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training Dept of Police Mr. Pridgen Administration, Finance, Policy & Urban Aff airs Mr. Rivera Budget and Management Services .Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Mr. Rivera Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau MONDAY Ma 7 2012 Chambers Chambers Chambers Public Hearing on the Budget Mr. Fontana Chambers SATURDAY May 12, 2012 12:00 pm Buffalo Board of Education Mr. Smith Chambers Legislative Staff office at 716 - 851 =5105 of a department 120int of contact who will be notified of last minute scheduling changes. A -r . REFERRED TO THE COMMITTEE AF THE WHOLE 00 1ST Schedule of Budget Workshops Enclosed please find the Schedule of City of .Buffalo Common Council Committee Meeting -s which are held in Common Council Chambers on the thirteenth floor of City Hall and the Budget Workshops which are held in the Common Council Meeting Room (Room 1417 City Hall) during the period of May 7 through May 11, 2012. The schedule can also be found at the City of Buffalo home page at http: / /www.city- buffalo.com. The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: Notifying the Legislative Staff Office at 716 - 851 -5105 of a Department point-of- contact who can be notified of last - minute scheduling changes; Arriving promptly at the scheduled meeting time; Adhering to the rules of order as prescribed by the Council Chairperson; Ensuring that Department representatives. are knowledgeable of budgetary matters and prepared to address questions raised by those in attendance; Assembling the documents and information listed by enclosure; Departments filing the information required by enclosure with the Common Council Staff Office (Attn: Budget Committee) no less than twenty -four (24) hours PRIOR to the Department's budget hearing meeting time to comply with the Council Transparency initiatives. If you have any questions regarding the above, please call 851 -5105 Attn: Budget Committee Staff. MONDAY May 7, 2012 9:00 am Dept of Mayor and Executive Mr. Smith Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 10:30 am Dept of Audit Control Mr. Smith Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Assessment and Taxation Mr. Smith 2:30 pm Dept of Law Mr. Smith Administrative Adjudication 3:30 pm Common Council and City Clerk Mr. Smith TUESDAY May 8 2012 3:00 pm Management Information Systems Mr. Smith WEDNESDAY May 9 2012 9:00 am Public Works, Parks, Streets and Water Mr. Smith General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Recreation Streets, Lighting of Streets, Traffic Engineering, Streets Cleaning and Snow Removal, Labor Pool and Bridges Animal Shelter-and Control Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund -Water 10:30 am Community Services & Mr. Smith Recreation Programming Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training 1:30 pm 3:00 pm Employee Relations Civil Service Compensation and Benefits Management Employment and Training THURSDAY May 10, 2012 Economic Dev, Permits & Inspections Mr. Smith Housing and Enforcement Licenses and Permits Dept of Human Resources Mr. Smith 9:00 am Dept of Police Mr. Smith 10;30 am Dept of Fire Mr. Smith 1:30 pm Admin, Finance, Policy & Urban Affairs Mr. Smith Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Mr. Smith Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau FRIDAY May 11, 2012 10:30 am All City of Buffalo Union Representatives Mr. Smith Police Benevolent Association (Police) Local 650 (City -wide White Collar Unit) Local 282 (Fire) Local 264 and 264T (City -wide Blue Collar Unit) Local 2651 (Building Inspectors) Local 17 (Operating Engineers_ ) Crossing Guards NOTE: Buffalo Board of Education Budget Workshop — Date and Time - Will be announced at a later date NOTE: Startin_a and endina times may chance as directed by the Chair of the Common CounciiBudaet Workshop. Departments are encouraged to advise the Common Council Legislative. Staff office at 71.6 - 851 -5105 of department point contact who will be notified of last minute scheduling changes. R EFERRED 1F0 THE C OMMITTEE F "[HE WHOLE -;� 64 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS May 1, 2012 City Clerk's Department BUFFALO May 4, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -1.9 of the Charter, I present herewith the attached resolution item. No. 19 PASSED May 1, 2412 Approval to Enter Agmt Keep WNY Beautiful and Olmsted Parks Gerald A Chwalinski City Clerk s ¢ 1�1 MAY 1 4 2012 r,a s w. V 0 19 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks & Recreation SUBJECT: [: Approval to Enter Agreement with [: Keep Western New York Beautiful [: and Buffalo Olmsted Park_ s Conservancy [: for Services and Supplies Provided for [: 2007 -08 NYS DEC Urban and [: Community Forestry Grant #303922 PRIOR COUNCIL REFERENCE: (IF ANY) [: No. 103 June 2, 2008 Permission is hereby requested from Your Honorable Body to authorize this department to enter into the following reimbursement agreements for services and supplies provided as match to plant trees in various City of Buffalo parks as part of the 2007 -2008 NYS DEC Urban and Community Forestry Grant #C303922: Contractor Name Amount Keep Western New York Beautiful $37,500.00 144 Heritage Road Tonawanda, New York 14150 Buffalo Olmsted Parks Conservancy $37,500.00 84 Parkside Avenue Buffalo, New York 14214 Funds are available in a Trust and Agency account created for the 2007 -2008 Urban and Community Forestry Grant, Project ID 10467. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Cc: Andrew R. Rabb, Deputy Commissioner Peter J. Merlo, City Engineer `, Steven J. Stepniak Commissioner Request for Approval — Agreement with Keep Western New York Beautiful and Olmsted Parks Conservancy (Item No. - C.C.P., Apr. 25, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 25, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into reimbursement agreements for services and supplies provided as match to plant trees in various City of Buffalo Parks as part of the 2007- 2008 NYS DEC Urban ad Community Forestry Grant #C303922 in the Total amount of $75,000.00 with Keep Western New York Beautiful ($37,500.00) and the Buffalo Olmsted Parks Conservancy $37,500.00), to be funded through a Trust and Agency account created for the 2007 -2008 Urban and Community Forestry Grant, Project ID 10467. Passed. TAwp6oUR =UNCIU5-I -12 meetiogaeq for Approva]»Keep WNY Seautiful.doex * AY E * NO O FOMANA FRANCZM GOLONUIEK T LOMT RYVEA RWELL smm Q -.6 3m. 7 ,� ' City CIerk' Department BUFFALO May 4, 2012 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. 20 PASSED May 1, 2012 Change in Contract Caz Casino HVAC Improvements Gerald A Chwalinski City Clerk MAY 1 4 2012 MAYOR . 3 ct — ]dr N #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 20, 2012 ; FROM: DEPARTMENT: Public Works, Parks & Streets�� DIVISION: Buildings SUBJECT: [: Change in Contract [: Cazenovia Casino [: HVAC Improvements [: Job #1065 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) (: EX. (ITEM NO. CCP ) TEXT: hereby submit to Your Honorable Body the following changes for the Cazenovia Casino, HVAC Improvements D. V. Brown & Associates, C #93000835. 1. Increase.the size of the air conditioner unit by x 2.7. Add $ 1,119.00 2. Due to unforeseen structural steel hidden behind wall, Add $ 1,765.00 remove & reconstruct ceiling and reroute piping to fan coil. 3. Furnish and install insulation on both refrigeration Add $ 460.00 liquid lines due to dual use of equipment. 4. Furnish and install additional electrical feeder to the Add $ 2,319.00 exterior air conditioning unit. 5. Relocate unit heater for maintenance access. Add $ 1,007.00 The foregoing change results in a net increase in the contract of Six Thousand Six Hundred Seventy and 001100 Dollars ($6,670.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $103,000.00 Add $ 6,670.00 $109,670.00 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 33320406 445100 - Division of Buildings. SJS /PJM /JFIdIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of P I' orks, Par 4�s & Streets Signature of Department Head: Change in Contract — Cazenovia Casino HVAC Improvements (South) (Item No. 17, C.C.P., Apr. 20, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 20, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $6,670.00 (Original Contract Amount - $103,000.00 + Amount of Change Order - $6,670.00 for a total revised contract amount of $109,670.00) for the Cazenovia Casino HVAC Improvements to D. V. Brown & Associates, C #93000835. Funds for the project will be available in Account 33320406 445100 — Division of Buildings. Passed. TAwpfi0UVTOUNCIL15 -1 -12 meetingThange in Contract -Caz Casino HCAV,dnc AYE * NO'S FONTANA FRANCZYK GOLONIEFX L+olmTo RIVE 9A �6 *� V 3i4 City Clerk's Department BUFFALO May 4, 2012 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. 21 Change in Contract City Court Elevator Upgrade PASSED May 1, 2012 Gerald A Chwalinski City Clerk a �'; C . q : -r . rC ril tft .. N . #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 20, 2012 0 0 2 - FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Court [: Elevator Upgrade [: Job #0937 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for City Court, Elevator Upgrade, Bison Elevator, C #93000750. 1. Fill all holes in hoist shaftway and machine room; make car Add $ 11,890.00 light 110 disconnect lockable, per elevator inspection. The foregoing change results in a net increase in the contract of Eleven Thousand Eight Hundred Ninety and 001100 Dollars ($11,890.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $194,421.70 Add $ 11,890.00 $206,311.70 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 39162906 445100 - Buildings. SJS /PJM /PS /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner P orks, Parks & Streets Signature of Department Head: 1� Change in Contract — City Court Elevator Upgrade (Ell) (Item No. 1 - C.C.P., Apr. 20, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 20, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $11,890-00 (Original Contract Amount - $194,421.70 + Amount of Change Order - $11,890.00 for a total revised contract amount of $206,311.70) for City Court Elevator Upgrade to Bison Elevator, C #93000750. Funds for the project will be available in Account 39162906 445100 — Buildings. Passed. T: \wp60V" \C0UNCII. \5 -1 -12 meeiing\Change in Contract -City Ct Elevator Upgrade.doc ����.t M City Clerk's Department BUFFALO May 4, 2012 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. 22 PASSED May 1, 2012 Perm to Hire Consultant for Design, Insp and Const- South Park Loop Bridge Gerald A Chwalinski City Clerk c; r #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 00 DATE: April 19,.2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [: Permission to Hire a Consultant and [: Enter into Agreements with [: FHWA and NYSDOT [: for the Design, Inspection and Construction of [: South Park Loop Bridge at South Park Lake [: South District j: City of Buffalo, County of Erie PRIOR COUNCIL REFERENCE: (IF ANY) [: The Federal Highway Administration (FHWA) has designated funding for the design, construction and construction inspection of the South Park Loop Bridge at South Park Lake. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5758.24. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. SJS /PJM /JDB /DAB:djp TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak om,mi §sipner, , f v 1�9 Permission to Hire Consultant — South Park Loop Bridge (South) (Item No.. , C.C.P., Apr. 19, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire an Engineering Consultant for the design and inspection of the South Park Loop Bridge at South Park Lake in the South District, and to enter into an agreement with the FHWA and NYSDOT. The.agreement would enable the Department of Public Works, Parks and Street to administer the project and will cover all necessary work needed to complete the design, inspection and construction of the project. The funds for these services are available in the Capital Account. Passed. T3wp60VRP \COUNCIU5 -1 -12 meetinB\Permission to Hire - Consultant S Park loop bridge.doc a AYE NO FOWA FRANCZVK GOLOIMMEK LOCURTO FMCEN. . RWEIA ar RUSSELL G 314 - 7 a City Clerk's Department BUFFALO May 4, 2012 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. 23 Report of Emergency Bid - J.B. Wiley Pavilion(Ell) PASSED May 1, 2012 Gerald A Chwalinski City Clerk 0 MW C ); r� N #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 24, 2012 00 9 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Emergency Bid [: J. B. Wiley Sports Pavilion [: Emergency Concrete Rebuild [: Job #1243 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) (: (EX.: Item No. CCP ) TEXT: received the following emergency bids for the J. B. Wiley Sports Pavilion, rebuild of the exterior concrete column cap and concrete pier on the southeast area of the facility. Work was planned in a future project, but due to the emergency condition, we must proceed with this work immediately. Concrete is falling from the upper concrete column cap and concrete pier onto the sidewalk, putting pedestrians in danger. Morris Masonry Restoration $22,180.00 449 Bailey, Buffalo NY Highland Masonry $29,900.00 33 Ransier, West Seneca, NY Thomas Johnson, Inc. , No Bid 3566 Buffalo, Orcharcl Park, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Morris Masonry Restoration. Funding for this project is available in 32321606 445100 - Buildings. SJS /PJM /PS /dIg cc: J. Jacobs, Buildings , ., 166 Department Head Name: Peter J. Merlo P E;' :I Title: City Engineer Signature of Department Head: 0r0 Report of Emergency Bid — J.B. Wiley Pavilion (Ell) (Item No.: C.C.F., Apr. 24, 2012) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated April 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $22,180.00 to Morris Masonry Restoration for the emergency restoration of the exterior concrete column cap and concrete pier on the southeast area of the facility. Concrete is falling from the upper concrete column and concrete pier onto the sidewalk, putting pedestrians in danger. Funding for this project is available in Account #3,2321606 445100 — Buildings. Passed. T:1wp6W- W \COUNC1L15 -1 -12 meeting\Report of Emergency Sid -7B Wiley.doex 213 -6 w 3fd - 7 RIVERA City Clerk's Department BUFFALO May 4, 2012 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. 24 PASSED May 1, 2012 Report of Bids- 2012 Citywide Tree Removal Gerald A Chwalinski City Clerk _ � r t'ri3 t� i+7 - 00 24 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks PRIOR COUNCIL REFERENCE: (IF ANY)[ SUBJECT: [: Report of Bids [: 2012 Citywide Tree Removal [: Group #755 [: Various Districts I advertised for bids on April 2, 2012, and received the following formal sealed bids for the 2012 Citywide Tree Removal contract, which were publicly opened and read April 13, 2012. Contractor Bid Schneck's Tree Removal, Inc. $437,825.00 2861 Southwestern Blvd. Orchard Park, NY 14127 Tree Services of WNY, LLC $851,882.13 41 William Street Tonawanda, NY 14150 I hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc. with a bid of four hundred thirty -seven thousand eight hundred twenty -five dollars ($437,825.00), is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the low bid. Funds for this work are available in Account #34400406- 445100 plus an account to be named at a later date. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks Comptroller Contract Compliance Office SJS /AR { kAV Report of Bids — 2012 Citywide Tree Removal (Item No. " ' , C.C.P., Apr. 25, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 25, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $437,825.00 to Schneck's Tree Removal, Inc., to be funded through Account 434400406- 445100, plus an account to be named at a later date, and future bond to be identified at a later date. Passed. T: \wp50\IRP \COUNCIL \5 -1 -12 meeting \Report of Bid -2012 CltVwldetree removal group 755.docx F(�'(1�NTANA FRANCM GOLOONM LocmT . PRRIDGET . RU9 g 20-- 3I4 - 7 '� ' City Clerk's Department BUFFALO May 4, 2012 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. 25 PASSED May 1, 2012 Report of Bids- Coca Cola Field Install Hurricane Bars(Ell) Gerald A Chwalinski City Clerk 1 :r 1 #1 (Rev. 1193) SINGLE PAGE COMMUNICA I 0 21 5) ON TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 24, 2012 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Coca Cola Field [: Installation of Hurricane Bars [: Job #1241 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT: I issued bid requests on April 13, 2012 and received the following informal bids for Coca Cola Field, Installation of Hurricane Bars, which were publicly opened and read on April 24, 2012 Grove Roofing Services $ 9,170.00 931 Reading, Buffalo, NY Jos A Sanders & Sons $15,449.00 P O Box 814, Buffalo, NY Jameson Roofing No Bid 3761 East Lake, Dunkirk, NY Progressive Roofing No Bid 339 Grote, Buffalo, NY 94207 Weaver Metal & Roofing No Bid 40 Appenheimer, Buffalo, NY hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, with a bid of Nine Thousand One Hundred Seventy and 001100 Dollars ($9,170.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. in his p e is available in 34323606 445100 - Buildings. \PJ.$IPJM /d Ig r o j e c t r o g e r cc: Contract Compliance Office J. Jacobs, Buildings Department Head Name: teven epniak Title: Signature of Department Head: Report of Bids -- Installation of Hurricane Bars at Coca Cola Field (Ell) (Item No.: , C.C.P., Apr. 24, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $9,170.00 to Grove Roofing Services, for the installation of hurricane bars at Coca Cola Field, to be funded through Account #34323606 445100 — Buildings. Passed. T:\wp6O\JRP\COUNCll.%5 -1 -12 meeting\Report of Bid -Coca Cola Fleld.docx `� -�-�` .. -- � � . ����� .� City Clerk's Department BUFFALO May 4, 2012 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. 26 PASSED May 1, 2012 Request Perm to Accept Funds EDAP Grant# 5017 Purchase Parks Equip Gerald A Chwalinski City Clerk AP P ROVED c ar SAY 2012 00 er° a #1 (Rev. 1/93) . SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Request Permission [: To Accept Funds and [: Execute Contract With [: DASNY for EDAP Grant #5017 [:Purchase of Parks Equipment [: Citywide PRIOR COUNCIL REFERENCE: (IF ANY)[ Permission is hereby requested from Your Honorable Body to accept funds and execute a contract with the Dormatory Authority of the State of New York for the following grant: Grant Name Amount Location DASNY EDAP ID #5017 $200,000.00 Throughout City of Buffalo Purchase of Park Equipment Parks System Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Peter Merlo, City Engineer Andrew R. Rabb, Deputy Commissioni 4 9�3 Request Permission to Accept Funds — EDAP Grant #5017 (Item No.: Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 25, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds and execute a contract with the Dormitory Authority of the State of New York in the amount of Two Hundred Thousand Dollars ($200,000.00) for the purchase of parks equipment city -wide. Passed. TAwp40URP1COUNC[L\5 -1.12 meetinglRequest Permission to Accept Funds -park equip.docz * Al * NO * * F'P*MCM * LOCERRTO PPIDCZN. . R * RUSS s City Clerk's Department BUFFALO May 4, 2012 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. 27 PASSED May 1, 2012 Request Perm to Accept Funds EC Greenway Comm- Rehab Bird Island Pier Gerald A Chwalinski City Clerk MAY 1 4 2012 00 97 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL r'A TO: THE COMMON COUNCIL DATE: April 25, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Request Permission to Accept Funds [: From Erie County Greenway Committee [: and Enter into Agreements with the [: United States of America Army Corps [: of Engineers for the Rehabilitation [: of the Bird island Pier PRIOR COUNCIL REFERENCE: (IF ANY)[ Permission is hereby requested from Your Honorable Body to accept $750,000.00 from the Buffalo and Erie County Greenway Standing Committee for the Bird Island Pier. The proposed Bird Island Pier project with make ciriticle repairs to reopen segements of the recreational walkway which are now closed. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the Unioted State of America Army Corps of Engineers for this project. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: Cc: Peter Merlo, City Engineer Andrew R. Rabb, Deputy Commissioner, Parks 4. +, : , I Lam' Request Permission to Accept Funds — Rehabilitation of the Bird Island Pier (Item No. , C.C.P., Apr. 25, 2012) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated April 25, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the Buffalo and Erie County Greenway Standing Committee in the amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for the rehabilitation of the Bird Island Pier. That the Commissioner of Public Works, Parks and Streets is hereby authorized to enter into an agreement with the United States of America Army Corps of Engineers for this project. The agreement would enable the Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Passed. T: \wp6&W \COUNCIL \5 -1 -12 meeting\Request Permission to Accept Funds -Bird Island Plmdocx City Clerk's Department BUFFALO May 4, 2012 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. 28 PASSED May 1, 2012 Request to Purchase Vehicles Gerald A Chwalinski City Clerk r w QO 12 r TO: FROM SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL THE COMMON COUNCIL: DATE: 04113/2012 DEPARTMENT: Public Works /Parks SUBJECT: [: Request to Purchase Vehicles G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Purchase (1) Dodge Ram 4500 Small Dump truck from City Contract Parks TOTAL West Herr NY 5025 Camp Rd To be taken out of 34400306- 445100 SIGNATURE DEPARTMENT HEAD TITLE: X SteV' tepniak COMMISSIONER PUBLIC WORKS SJS /PJM /CMB $ 51,759.00. $ 51,759.00 b -- Request to Purchase Vehicles (Item No.: , C.C.P., Apr. 13, 2012) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated April 13, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Dodge Ram 4500 Small dump truck from City Contract Parks in the amount of $51,759.00. Funds are available from Account 34400306- 445100. Passed. TAwp60VRACOUNC1L\5 -1 -12 meeting\Request to Purchase Vehicles.doex *AYE *NO* FONTANA FRANC GOLQI4 M LOCU TO PPM4 m . RnrEgA R S * 2 - Y Y!4 - 7 City Clerk's Department BUFFALO May 4, 2012 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. 29 Report of Bids- Public School # 32(Ell) PASSED May 1, 2012 Gerald A Chwalinski City Clerk �7 V 7 F I � - - MAY 1 4 2012 ^n I - MR + . R cs r TO: THE COMMON COUNCIL DATE: April 17, 2012 FROM:. DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering 00 12 9 41 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL SUBJECT: [: Report of Bids [: Clinton Street [: At Public School #32 (Cedar Street) Project [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: This.is to advise Your Honorable Body that I have advertised and received bids on April 4, 2012 The lowest three bids received were: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $101,780.64 $106,869.68 1250 Broadway Street Buffalo, New York 14212 Destro Brothers $119,788.50 $125,777.93 411 Ludington Buffalo, New York 14206 NOVA Site Company, LLC $133,995.00 $140,694.75 6 Lena Court W. Seneca, New York 14224 1 I hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $106,869.68. (Base Bid of $101,780.64 + [5% unit price increases] $5,089.04 equals [Total Award] $106,869.68). The engineer's estimate for this work is $111,909.20. Funds for this project are available in our Capital Account #32311606-445 100; and account(s) to be named at a later date. SJS/PJM/JDB /JJP: dab Cc: Mark J. F. Schroeder, Comptroller Bill Heinold, Accountant TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: E Report of Bids — Public School #32 (Ell) (Item No. " C.C.P., Apr. 17, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $106,869.68 to South Buffalo Electric, Inc., to be funded through Account #32311606- 445100, plus an account(s) to be named at a later date, and future bond to be identified at a later date. Passed. T:\wp6011RP\COUN0R\6 -1 -12 meeting\Report of Bid - Public School 32.docx { AYE NO FONTANA. ERMC ' GOL4l.MMEM LaCURTO Pmr �. JUVEgA err$ { #3 (Rev 1 -42) 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, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule 'W have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Streets Laborer Il Permanent, Provisional, Temporary, Seasonal (insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert: one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM. (Enter Starting Salary) : Starting Salary o£ $ 34,139 LAST JOB TITLE Account Clerk Typist NAME Bonita Brown LAST DEPARTMENT DPW DATE 4111 ADDRESS 100 Lockwood LAST SALARY $34,268 CITY & ZIP Buffalo 14220 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SS XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 6622 BUDGET ACCT. OBJ. 411001 PROD. ID } PERSONNEL REQ. NO (11 SALARY RANGE OF POSITION $30,335 - $34,139 PER YEAR DAY HOUR VP." IR iiL-�L> s t'Gl - PP ABO TH fliN1EVlI.litil: hlAAPE 100 / P FIT!hif? AV i LlnPIT`Y- Gpnn '- St=ns arei�� . TITF .:L ,5 -`i=(} 3lTl;:ll'? av e E U ,-,01- ::::�.. C�f SIGNATURE OF APPO_,�KITIM` AIUTP. - ULD ^E T �1 FROM THE COMMISSIONER OF POLICE May 1, 2012 City Clerk's Department BUFFALO May 4, 2012 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. 31 . PASSED May 1, 2012 Request Transfer of City Owned Property- K -9 Dog Gerald A Chwalinski City Clerk n MAY 1 4 2012 I te" . C .: 00 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL lta TO: THE COMMON COUNCIL: DATE: Aril 11 2012 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : Request Transfer of City Owned Property PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx/xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog "Konan" to his handler Police Officer David Acosta. Due to the K-9's age and health, and the fact that Officer Acosta is transferring out of K9 unit, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog. The K -9 is presently assigned to Officer Acosta, is presently in his custody, and has been assigned to him since 2006. Per the attached document, Officer Acosta will maintain full responsibility for Konan. TYPE DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD Request Transfer of City -Owned Property — K -9 Dog {Item 3i , C.C.P., Apr, 11, 2012) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, be received and filed; and That the Common Council hereby authorize the Commissioner of the Buffalo Police Department to transfer Departmental property, the K -9 dog named " Konan" to his handler, Police Officer David Acosta due to the K -9's age and health, and the due to the fact that Officer Acosta is transferring out of the K -9 unit. The K -9 is presently assigned to Officer Acosta, is presently in his custody and has been assigned to him since 2006. Officer Acosta will maintain full responsibility for Konan. Passed. TAwp6GU"\C0UNCA.15 -1 -12 meeting%egvest Transfer of City -owned property -K9 dog.doex P -73 BUFFALO POLICE DEPARTMENT INTRA- DEPARTMENTAL CORRESPONDENCE TO:Daniel Derenda DATE:01 /05 /2012 06:16:03 PM Commissioner of Police FROM:David Acosta PO SUBJECT: Purchase of K-9 Konan Dog Handler ! Sir, In past instances the dog handier has been allowed to purchase the K -9 dog assigned to him for the amount of one dollar. As I stated in my previous P -73, K -9 Konan's health deteriorating, and my transferring from the unit have prompted this request. Should this request be granted I would be liable for any medical cost, food and any liability from any action that might occur once the transfer has occurred. I respectfully request this purchase be granted as in previous cases. Davifl Acosta PO /Dog Handier Z I arded Losi andler - - C)' i r� � .� C ;I3 0 .. I ! C-0 -V C-n :w, . FONTA14A. FRCK .GOLRK LOCURTO FRIDCEN RUSSELL City Clerk's Department BUFFALO May 4, 2012 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. 32 PASSED May 1, 2012 Justice Assistance Grant Program Renewal- Yr 7 Gerald. A Chwalinski City Clerk CA r — N 6.. 04 3` #2 (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL:. DATE: April 24, 2012 FROM: DEPARTMENT: Buffalo Police Department On Behalf of Cit DIVISION: Grants Section S JECT :[Justice Assistance Grant Program Renewal - YEAR 71 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [ :Item #43, C.C.P. #13 06128/11] TEXT: ( TYPE SINGLE SPACE BELOW 1 As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG). Program, which combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last seven .(7) years, the City has been a partner with the County of Erie, City of Lackawanna, Towns of Amherst, Cheektowaga, Tonawanda, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round eight funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and the Town of Cheektowaga, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all, the award for this year, 2012 JAG Year 8 has been cut by 17.72% when compared to last year, (from $426,851 to $351,198) which is not as bad as 2008, which was cut over 67 %. The City /County of Erie /Town of Cheektowaga must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application must be submitted by May 14, 2012. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying. you as a mandated requirement by the "feds" under this application process.- At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $351 and distributing them (which will be outlined in Memorandums of Understanding) to each participating entity as follows: City of Buffalo: $323,870 County of Erie: $10,810 Town of Cheektowaga: $16,518 Unlike in previous years, under regular JAG, Lackawanna and West Seneca received ZERO, but did receive Stimulus Funds and Amherst and Tonawanda received direct funds this year and were not considered "disparate" like Buffalo. Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $120,000(which funds Save our Streets Program, Clean Street Sweeps, Citizen Participation Academy, and �; #2- Page 2 (Rev. 1/93) TEXT CONTINUATION: ( TYPE SINGLE SPACE BELOW) enhancement of City's 311 "one stop shopping center for access to all City services "); the Department of Community Services will receive a total of $ 71,000 and will direct some of these funds to continue with Drug Court activities, as well as two (2) youth intervention /prevention programs: Code of Conduct and Anti Crime. As stated above, the Buffalo Police funding will include the $34,000 to continue partial funding for the Juvenile Prosecutor in the District Attorney's Office and $98,870, which will be dedicated to overtime (gang suppression, large summer events, bike patrols, curfew, quality of life selected enforcement activities, also, homeland security protection since we lost homeland security overtime funding, and other directed enforcement activities). The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application. In addition, we were just recently notified about the submission for this renewal. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. DD:mao TYPE: DEPARTMENT HEAD NAME: DANIEL DERENDA TYPE: DEPARTMENT HEAD TITLE POLICE COMMISSIONER SIGNATURE OF DEPARTMENT HEAD: `. .. _..., _,. � .... .... ...... _ .._ :. 3 O ) P I- Grants (Item No. , C.C.P., April 24, 2012) Mr. Smith moved: That the above communication from the Commissioner of Police, dated April 24, 2012, be received and filed; and That the Commissioner of Police, be, and hereby is authorized on behalf of the City to renew a grant, totaling $351,198.00 from the Justice Assistance Grant (JAG) Program which will be distributed as follows: City of Buffalo - $323,870.00; County of Erie - $10,810.00; Town of Cheektowaga - $16,518.00. Passed. TAwp60UW=UNCRA5 -1 -12 meetinglGrant- Police.doc Dl� * AYE * NO * * FONTANA * . FRANCZYK * * * GOLOMBEK * * LOCURTO * FRIDGEN RIVERA RUSSELL * SBffm * * * Maj 5 213 _. 6 — 314 7 �K City Clerk's Department BUFFALO May 4, 2012 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. 38 PASSED May 1, 2012 Food Store License(New)- 1522 Genesee(Fill) Gerald A Chwalinski City Clerk MAY 1 4 1 A W 00 325 #3 (Rev 1-02) �:T r ds v) "Ly Certificate of Appointment Y 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 promo£ion(s). I further certify that the person(s) named in Schedule "A" have bean certified or approved by the Human Resources /Civil Service forthe Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Captain (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT JEnter Starting Salary) : Starting Salary of: $83,160 Schedule "A" LAST JOB TITLE Police Captain NAME David S. Stabler LAST DEPARTMENT Police DATE 06116/08 ADDRESS 277 Pavement Road LAST SALARY $83,160 CITY & ZIP Lancaster, NY 14086 L 4 DI O F SS N. XXX - - 1316 LAST JOB TITLE Police Captain NAME Marcia Scott LAST DEPARTMENT Police DATE 11/11/10 ADDRESS 35 Woodley Road LAST SALARY $83,160 CITY &ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SS XXX -XX -6361 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX - LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SS 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 12005001 TITLE CODE NO 2260 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011.110 SALARY RANGE OF POSITION $83,160 PER YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda , ., TITLE OF APPOINTING. AUTHORITY: Comr�l q @ .Ofi 001& ! t DATE: 041161 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) 1 OTHER COPIES TO: #5 COMPTROLLER #6 HUMAN SERVICES/CIVIL SERVICE #7- BUDGET 11 #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEfSI #3 (Rev 1-02) 00 3 11 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 cenification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Captain (Insert One) : CONTINGENT PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT (Enter Starting Salary) : Starting Salary oP $83,160 Schedule "A" LAST JOB TITLE Police Lieutenant NAME Patrick A. Roberts LAST DEPARTMENT Police DATE 07/01/00 ADDRESS 140 Idlewood Drive LAST SALARY $73,312 CITY & ZIP Orchard Park, NY 14127 LAST 4 DIGITS OF SSN, XXX -XX -3355 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY &ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY &ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- 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 12005001 TITLE CODE NO 2260 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -109 SALARY RANGE OF POSITION $83,160 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: : Daniel ; I]e�hd;a's TITLE OF APPOINTING. AUTHORITY: '. :i�dnlrl sinner of Police W DATE: 0411 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #8- HUMAN SEELV10ESICIVIL SERVICE #7- BUDGET N- DEPARTMENT #A- DiVISlON #10- EMPLOYEE(S) #3 (Rev 1 -02) 0 0 Certificate of Appointment IN In compliance with provisions of Section 24 -2 of the Chatter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective; 04/16/12 in the Department of Police Division of NAME Raymond M. Krug LAST DEPARTMENT Police to the Position of Police Detective 106 Whitehall LAST SALARY $64,095 (Insert One) : PERMANENT Buffalo, NY 14220 (Insert One) : PROMOTION (Insert One) : at the: FLAT BUDGET ORG. CODE f Fnter Starting Salary) : Starting Salary of. $66,230 TITLE CODE NO 2132 Schedule "A" 411001 PROJ, ID PERSONNEL REQ. NO 2011 -112 LAST JOB TITLE Police Officer NAME Michael J. Strobele LAST DEPARTMENT Police DATE 07/23/98 ADDRESS 1796 William Street LAST SALARY $64,095 CITY &ZIP Buffalo, NY. 14206 LAST4 DIGITS OF SSN. XXX - XX - 9351 LAST JOB TITLE Police Officer NAME Margaret M. Serafini LAST DEPARTMENT Police DATE 07/02/00 ADDRESS 66 Carmelite Drive LAST SALARY $64,095 CITY & ZIP West Seneca, NY 14224 LAST 4 DIGITS OF SSN. XX -XX -3482 LAST JOB TITLE Police Officer NAME Joseph W. Glendinning LAST DEPARTMENT Police DATE 07/23/98 ADDRESS 295 Wayside Drive LAST SALARY $64,095 CITY & ZIP Depew, NY 14043 LAST 4 DIGITS OF SSN, XX -XX -2631 LAST JOB TITLE Police Officer NAME Shawn D. Adams LAST DEPARTMENT Police DATE 01/25/01 ADDRESS 500 Richmond Avenue LAST SALARY $64,095 CITY & ZIP Buffalo, NY 14222 LAST 4 DIGITS OF SSN. XXX -XX -5925 LAST JOB TITLE Police Officer NAME Raymond M. Krug LAST DEPARTMENT Police DATE 01/25/01 ADDRESS 106 Whitehall LAST SALARY $64,095 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -3338 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2132 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 2011 -112 SALARY RANGE OF POSITION $66,230 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police, DATE: SIGNATURE OF APPOINTING AUTHORITY: " ORIGINAL + 3 COPIES TO: CITY CLERK {�RE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVI2Q #10 - . EMPLOYEE(S) #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 appointmeni(s) or promotion(s). I further certify that the persou(s) named in Schedule "A" have been certified or approvedby the Human Resources /Civil Service for the Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Detective (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT jEnter Starting Salary) : Starting Salary of' $66,230 Schedule "A" LAST JOB TITLE Police Officer NAME Kevin R. Paul LAST DEPARTMENT Police DATE 01128199. ADDRESS 4568 Mt. Vernon Blvd. LAST SALARY $64,095 CITY &ZIP Hamburg, NY 14075 LAST DIGITS OF SSN. XXX -XX -9845 LAST JOB TITLE Police Officer NAME Earl E. Perrin LAST DEPARTMENT Police DATE 02/04/94 ADDRESS 20 John Paul Court . LAST SALARY $64,095 CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN, XXX -XX -3482 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY &ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2132 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2011 -112 SALARY RANGE OF POSITION $66,230 PER YEAR REASON. FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel, t TITLE OF APPOINTING. AUTHORITY: Commil n& of Police, " , - DATE: 04116 Zr SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL+ 3 COPIES TO: CITY CLERK „(Qt+IBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #111- EMPLOYEE(S) #3 (Rev 1.02) L- 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 appoitihnent(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: 04/16/12 in the Department of Police Division of to the Position of Police Lieutenant (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: PLAT (Enter Starting Salary) : Starting Salary of. $73,312 Schedule "A" CITYA ZIP LAST JOB TITLE Police Lieutenant NAME Robert P. Sheridan LAST DEPARTMENT Police DATE 11/11/10 ADDRESS 119 Joanie Lane LAST SALARY $73,312 CITY & ZIP Amherst, NY 14228 LAST 4 DIGITS OF SSN. XXX -XX -5 524 LAST JOB TITLE Police Lieutenant NAME Sean P. Phillips LAST DEPARTMENT Police DATE 06/19/11 ADDRESS 6155 Newberry Court LAST SALARY $73,312 CITYA ZIP Clarence Center, NY 14032 LA 4 DIGITS OF SSN. XXX -XX -2646 XXX -XX -2459 LAST JOB TITLE Police Lieutenant NAME Melinda Jones (Zak) LAST DEPARTMENT Police DATE 06/19/11 ADDRESS 101 Potters Road LAST SALARY $73,312 CITY & ZIP Buffalo, NY 14220 LA 4 DIGITS OF SSN. XXX -XX -1309 XXX -XX -1170 LAST JOB TITLE Police Lieutenant NAME Aaron V. Young LAST DEPARTMENT Police DATE 06/19/11 ADDRESS 125 Thatcher Avenue LAST SALARY $73,312 CITY & ZIP Buffalo, NY 14215 LAST 4 D I G IT S OF SSN. XXX -XX -2459 -- LAST JOB TITLE Police Lieutenant NAME Thomas R. Whelan LAST DEPARTMENT Police DATE 06/19/11 ADDRESS 254 Canada Street LAST SALARY $73,312 CITY & ZIP Holland, NY 14080 LAST 4 DIGI O SSN. XXX -XX -1170 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ: 411001 PROJ. ID PERSONNEL REQ. NO 2011 -113 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM, NAME OF APPOINTING AUTHORITY: Danjel,Der nda. - TITLE OF APPOINTING. AUTHORITY: ')1, LCbfiafhi6Abner o Police DATE; 0411 SIGNATURE OF APPOINTING AUTHORITY: ti ORIGINAL + 3 COPIES - m CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #& COMPTROLLER #6- HUMAN SERVICESICIVIL 5ERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEEiS1 D-� #3 (Rev 1 -02) Certificate of Appointment ht compliance with provisions of Section 24 -2 of the Charier 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 been certified or approved by the Human Resources /Civil Service for the - Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Lieutenant NAME LAST DEPARTMENT (Insert One) : PERMANENT LAST SALARY (Insert One) : PROMOTION LAST 4 DIGITS OF SSN. XXX - XX- (Insert One) : at the: FLAT NAME JEnter Starting Salary) : Starting Salary of` $73,312 DATE ADDRESS Schedule "A" CITY & ZIP LAST JOB TITLE Police Detective NAME Jeffrey Rinaldo, LAST DEPARTMENT Police DATE 06/16/08 ADDRESS 6730 Clara Court LAST SALARY $66,230 CITY & ZIP Wheatfield, NY 14120 LAST 4 DIGITS OF SSN. XXX -XX -2673 LAST JOB TITLE Police Detective NAME Anthony J. McHugh LAST DEPARTMENT Police DATE 11/19/10 ADDRESS 41 Werkley Road LAST SALARY $66,230 CITY & ZIP Tonawanda, NY 14150 L AST 4 DI OF SSN. XXX - XX - 5772 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 & Z I P LAST 4 DIGITS OF SSN. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAS 4 DI G I TS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -111 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM � NAME OF APPOINTING AUTHORITY: Daniel$Yefcl TITLE OF APPOINTING. AUTHORITY: _Commissioner of Pglice.-,a' DATE: 04I1.WW -1-1 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES T • CITY CLERK NI FORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEES! #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charier and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or prnmotion(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: 0411$112 in the Department of Police Division of to the Position of Police Lieutenant (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT (Enter Starting Salary) : Starting Salary of. $73,312 Schedule "A" LAST JOB TITLE Police Officer NAME Michael W. Watkins LAST DEPARTMENT Police DATE 08117/81 ADDRESS 398 Cayuga Creek Road LAST SALARY $64,095 CITY & ZIP Cheektowaga, NY 14227 LAST DIGITS O F SS N. XXX -XX -0372 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -114 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: 4s , ,:69AW berenda TITLE OF APPOINTING. AUTHORITY: Commissioner. of Police DATE: 0413 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 CgMES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #B- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) M ##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 ofSaffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Lieutenant (Insert One) : PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT (Enter Starting Salary) : Starting Salary of $73,312 Schedule "A" LAST JOB TITLE Police Officer NAME Michael J. Alberti LAST DEPARTMENT Police DATE 07/23/98 ADDRESS 851 Girdle Road LAST SALARY $64,095 CITY & ZIP East Aurora, NY 14052 LAST 4 DIGITS OF SSN. XXX -XX -8101 LAST JOB TITLE Police Officer NAME Michael A. Delong LAST DEPARTMENT Police DATE 07/21/00 ADDRESS 3775 Mill Road LAST SALARY $64,095 CITY & ZIP Hamburg, NY 14075 LAST 4 DIGITS OF SSN. XXX -XX -9076 LAST JOB TITLE Police Officer NAME Ivan A. Watkins LAST DEPARTMENT Police DATE 03/01/88 ADDRESS 101 Millicent Avenue LAST SALARY $64,095 CITY &ZIP Buffalo, NY 14215 LAS 4 DIGITS OF SSN. XXX -XX -0140 LAST JOB TITLE Police Officer NAME David M. Cieply LAST DEPARTMENT Police DATE 02/04/94 ADDRESS 365 Park Club Lane LAST SALARY $64,095 CITY &ZIP Amherst, NY 14221 LAST 4 DIGITS OF SSN, XXX -XX -1976 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & Z I P LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -116 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: OaljW Ofl"enda TITLE OF APPOINTING. AUTHORITY; Commissioner of :F DATE: 04116W SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES T • CITY CLERK QN/BEFORE AEPOINTIVIENT DATE OTHER COPIES TO: #5- COMPTROLLER #6• HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEElSI #3 (Rev 1 -02) 00 3 Certificate of Appointment In compliance with previsions of Sectinn 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 persons) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 04/16/12 in the Department of Police Division of to the Position of Police Lieutenant (Insert One) : CONTINGENT PERMANENT (Insert One) : PROMOTION (Insert One) : at the: FLAT (Enter Starting Salary) : Starting Salary of $73,312 Schedule "A" LAST JOB TITLE Police Officer NAME Thomas J. Moran LAST DEPARTMENT Police DATE 02/04/94 ADDRESS 172 McKinley Parkway LAST SALARY $64,095 CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6663 LAST JOB TITLE Police Officer NAME Rickey V. Lark LAST DEPARTMENT Police DATE 08/08/86 ADDRESS 3761 Trails End Lane LAST SALARY $64,095 CITY &ZIP Tonawanda, NY 14'120 LAST 4 DIGITS OF SSN. XX -XX -77 LAST JOB TITLE Detective NAME Louis A. Kelly LAST DEPARTMENT Police DATE 11/17/08 ADDRESS 68 Allenhurst Road LAST SALARY $66,230 CITY & ZIP Buffalo, NY 14214 LAST 4 DI GITS OF S SN. XXX -XX -7829 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS C[TY &ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ.. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -115 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenoa, k.r �; 1 TITLE OF APPOINTING. AUTHORITY: Cornrp E4sWhi3r 6f Police DATE: 0411 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT PPTE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPAFtTJyIENT #9- DIVISION #10- EMPLOYEE(SS #3 (Rev 1 -02) Certificate of Appointment d - A In compliancc with provisions of Section 24.2 of the Charter and Chapter 35 -I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 04/16/12 in the Department 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 "N' LAST JOB TITLE Police Officer NAME George P. McLean LAST DEPARTMENT Police DATE 02/04/94 ADDRESS 6647 Emily Lane LAST SALARY $64,095 CITY & ZIP Lockport, NY 14094 LAST 4 [DIGIT OF SSN. XXX -XX -35$4 LAST JOB TITLE Police Officer NAME Darren P. Labedz LAST DEPARTMENT Police DATE 09/30/96 ADDRESS 4701 Pineview Drive LAST SALARY $64,095 CITY & ZIP Hamburg, NY 14075 LAST 4 DIGITS OF SSN. X - XX -7465 LAST JOB TITLE Police Officer NAME Shawn M. Dowell LAST DEPARTMENT Police DATE 01/30/97 ADDRESS 101 Yorktown Road LAST SALARY $64,095 CITY &ZIP Amherst, NY 14226 LAST 4 DIGITS OF SS XXX -XX -9951 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12005001 TITLE CODE NO 2240 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -11.7 SALARY RANGE OF POSITION $73,312 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: rt i NAME OF APPOINTING AUTHORITY: Daniel Derenda , TITLE OF APPOINTING. AUTHORITY: Comm.issi0ijer iPbiice DATE: 0411W421' SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES T0: #5. COMPTROLLER #B- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #14- PLFy1 OYEF(S I d FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May. 1, 2012 00 38 To: The Common Council: Date: April 12, 2012 From: Department Permit & Infection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Food Store (New) [: 1522 Genesee (Fillmore) Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xxlxx/xx): Text (Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1522 Genesee (Gensesee Grocery & Deli Inc./Fawaz K. Kaid and Mustaq M. Kaid) 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. Tvpe Department Head N IVf ame: TAFC ('C WRFORD Type Title: Ski nature of Department Head: JC:PS:rf 3`� CITY OF BUFFALO OFFICE OF LICENSES, 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS .ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ZONING REVIEW DAVID KRUG GENESEE GROCERY & DELI FOOD STORE 1522 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID FSTI2- 10024680 ----------------------------------------------------------------------------------- - - - - -- - ---- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 1Y11112 v DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` ** REMARKS: i 6t INSPECTOR: RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE LT. CHRISTOPHER LASKY GENESEE GROCERY & DELI FOOD STORE 1522 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID FST12- 10024680 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** An /, `nv vt7 � f RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSESa 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I1J ONIA _ IA N3. DISAPPROVAL REASON: BUILDING VINCE FERRARACCIO GENESEE GROCERY & DELI FOOD STORE 1522 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KA ID FST12- 10024680 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: ZV j 2 DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** A /I/II v (f? � /. al. /V'rt I y RM# 1 * AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REIE ERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF GENESEE GROCERY & DELI FOOD STORE 1522 GENESEE FILLMORE COUNCIL, DISTRICT FAWAZ KAID FST12- 10024680 - - - - - -_ - - - - - (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: J DISTRICT CAN: / APPROVED: DATE: `7 o7 DISAPPROVED: DATE: * *TREASON FOR DISAPPROVAL MUST BE STATED BELOW * "* REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. CITY OF BUFFALO REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO GENESEE GROCERY & DELI FOOD STORE 1522 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID FST12- 10024680 03/01/2012 please see enclosed bills. ---------------- ---------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELO'4V * ** INSPECTOR: r�� � `� RM# L e z l- ' EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION . _ e 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715)851 -4078 Fax (716) 851 -4952 All information on this form is public record. ❑ Mail ❑ Walk-in T ype of Entity- ❑ Sole Proprietor 91 Corporation ❑ Partnership ❑ Limited Liability Company ', o poration Name Business Name ,dba) Business Fax ( ) Business Address (no POBox) Mailing Address (if different) $ I -�� NV'S Tax 1D A _j/� - ? 9,0 . / 5 Business Webstte wner(s)/ Principal Partners E -Mail Applicant (cast, firs;,:) )<,4r )=A-"v'4 z fe. Home Phone 716 Horne Address: (Po Box not acceptable) AkV 5� rye} Al Y Date of birth Place of Birth Co- Applicant (last, first) p i Home Phone - 7/ A - } 57 .1 - 9 1 . 719 Horne Address: (PCB Box not acceptable) / 57 6 -EivJ I - . Date of birth Place of Birth Describe your specifse business activity in detail. g n 1VOA. Nolary Public -- -- Subscribed gicla§ Abbe£ ore fine I am aware of the obligation to provide timely notice of any change in required e o ` 'ate 2 0 l � information, and I have infonned all owners, managers, or other principals of their criminal and /or civic responsibility for the timely fulfillment of restrictions and missione eeds in and for the conditions to the license or timely abatement of any nuisance activity at or associated af Buffalo, lew.York with the business. Initial s For office use only Application No Rr 12 /! 2•y( Date issued: fee ❑ Restaurant Dance ❑ Floor Show $367.50 © Live Music $210.00 ❑ Mechanical $131.25 ❑ Public Dance (based on so, R) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables fee ❑ Restaurant 'rake Out $ 88.00 Ii Food Store 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 50+ seats ❑ Coin Con tros Amusement ❑ 11 -15 employees # games _ per game $47.25 Arcade # games _ per game $47.25 ❑ Music meehai meal $52.50 ❑ Music five, no dancing $52.50 ❑ News Stairs $63.00 ', o poration Name Business Name ,dba) Business Fax ( ) Business Address (no POBox) Mailing Address (if different) $ I -�� NV'S Tax 1D A _j/� - ? 9,0 . / 5 Business Webstte wner(s)/ Principal Partners E -Mail Applicant (cast, firs;,:) )<,4r )=A-"v'4 z fe. Home Phone 716 Horne Address: (Po Box not acceptable) AkV 5� rye} Al Y Date of birth Place of Birth Co- Applicant (last, first) p i Home Phone - 7/ A - } 57 .1 - 9 1 . 719 Horne Address: (PCB Box not acceptable) / 57 6 -EivJ I - . Date of birth Place of Birth Describe your specifse business activity in detail. g n 1VOA. Nolary Public -- -- Subscribed gicla§ Abbe£ ore fine I am aware of the obligation to provide timely notice of any change in required e o ` 'ate 2 0 l � information, and I have infonned all owners, managers, or other principals of their criminal and /or civic responsibility for the timely fulfillment of restrictions and missione eeds in and for the conditions to the license or timely abatement of any nuisance activity at or associated af Buffalo, lew.York with the business. Initial s For office use only Application No Rr 12 /! 2•y( Date issued: fee ❑ Restaurant Dance ❑ Floor Show $367.50 © Live Music $210.00 ❑ Mechanical $131.25 ❑ Public Dance (based on so, R) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables fee ❑ Restaurant 'rake Out $ 88.00 Ii Food Store $115.00 See additional questions. ❑ Meat Fish Poultry $150.00 © Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 ❑ 3 -10 employees $105.00 ❑ 11 -15 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 51 -200 employees $525.00 C_ Business Phone (716) ,99s - 61�2 j As an authorized agent of the entity identified above, l certify the information or, this form is truTN- t, lmigpt an4surrent to the best of my Knowledge and belief. Print Name.<.���``° `C Signature Date Food Store License (New) —1522 Genesee (Fill)(EDPI) (Item No.. C.C.P., Apr. 12, 2012) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Fawaz K. Kaid and Mustaq M. Kaid d/b /a Genesee Grocery & Deli, Inc. located at 1522 Genesee. Passed. TAwp60VUTOUNC1L15 -1 -12 meetinglfood store license-new -1522 Genasee.doc GOLOIMIM IJOMTO . FRIDGES RUS 20 - . 6 M- 7 f City Clerk's Department BUFFALO May 4, 2012 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. 39 PASSED May 1, 2012 Food Store License(New)- 1580 Genesee(Fill) Gerald A Chwalinski City Clerk +.x zz tart r 7 � r-- �a ry W 00 39 ./A To: The Common Council: Date: April 12, 2012 From: Department Permit -& Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Food Store (New) [: 1580 Genesee (Fillmore) Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xxlxx/xx): Text ( Type Single Space Below }: Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1580 Genesee (Super Price Chopper Inc.IFawaz K. Kaid and Mustaq M. Kaid) 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. yRe Department Head Name: JAMES COMERFORD Tyne Title: COMMISSIONER Signature of Department Head: JC:PS:rf y�l CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: ZONING REVIEW DAVID KRUG SUPER PRICE CHOPPER FOOD STORE 1580 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID (716)896 -1819 FST12- 10024678 DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: / / v DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW" &eev_ C'� I/ "( rAz L' 7 I tim- 1_0:/I_I PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. CHRISTOPHER LASKY SUPER PRICE CHOPPER FOOD STORE 1580 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID (716)896 -1819 FST 12- 10024678 , 11 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DISAPPROVED DISAPPROVAL REMARKS: INSPECTOR: DATE: ' ; 7u) DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** /-"-49 RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I.1 DISAPPROVAL REASON: BUILDING VINCE FERRARACCIO SUPER PRICE CHOPPER FOOD STORE 1580 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID (716)896 -1819 FST 12- 10024678 - - - - - -- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: �/ / / n o ((Z- RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: COLLECTIONS JOE LOTEMPIO SUPER PRICE CHOPPER FOOD STORE 1580 rENESEE FILLMORE COUNCIL DISTRICT FA WAZ KA:ID (716)896 -1819 FST12- 10024678 02/13/2012 must pay fees, see enclosed bill check also for MUS14HTAQ M KAID ------------------------------------------------------------------------------------- _------------ - ---__ (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APP VED: � DISAPPROVED: DISAPPROVAL DATE: DATE: r 1 TW. ** *REASON FOR DISAPPROVAL MUST BE STATED`BELOW * ** C.' G. �'79`�C ��'' T1f Ca yL� C'�.t. Ar �'�it,� �.�� .Cc�- �.`6�� �•� G- REMARKS: r5 INSPECTOR: r�lC --- Ti`�Ji.+ RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. ' . CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUS(NESS ADDRESS: LOCA'T'ED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT" PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF SUPER PRICE CHOPPER RESTAURANT TAKE OUT 1584 GENESEE FILLMORE COUNCIL DISTRICT FAWAZ KAID (716)896 -1819 RT0 1 2- 1 0024679 (TO BE COMPLETED BY ACENCIUDEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: /// J/md DISTRICT .APPROVED: DATE: �L 1 /� DISAPPROVED: DATE: *' FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFAL - L ICEN SE APPLI 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 - All information on this form is public record. © MaiI " 13 Walk -in ❑ Sole Proprietor q Corporation ❑ Partnership ❑ Limited Liability Company Business Name (aba) Business Fax ( ) - Business Address (no Po Box) Mailing Address (if different) 61 /V N `S ' 1B # f5 c7 l,-) 3 �1 & Business Website Owner(s)/ .Principal Partners E -Mail Applicant (last, first) � !! X61 r��A __ Home Phone ?I6 - ,9=/ 9- - 97rs r• �/ n � Home Address: (PO Box not acceptable) & 7 L- V NIV 3 i . /UL Bate oz birth ' Place of Birth Co- Applicant oast, "- rst3 A. Hpme Phone Home Address: (PO Box not acceptable) ` IL! 4�ve--5r Date of With Place of Birth Describe your specific business activity in detail. subscribed and sworn to before me this day of 20 1 { Commis " er of Deeds M r the ,ry of Bu ew Fork For office use only F 7A {1- CrT`ILl t�c Application No j I00jq ` ( Date issued: i =�i 1 5 I 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. Initial As an authorized agent of the entity identified above, I certify the information or, this form is tale, correct, complete and current to the best of my knowledge and belief. 1 y r" . U i e` " Print ar>�tc` A � ti� 7 -7 rt Signatu s Date _ fee fee fee ❑ 13estauran, 1 -200 seats $174.00 © Restaurant Dance $,Restaurant Take Out $ 88.00 20 1 -400 seats $250.00 © Floor Show $367.50 Food Store $115.00 ❑ 400 -f- seats $350.00 ❑ Live Music $210.00 See additional questions. (on premise cor_susnption of food and/or beverage) ❑ Mechanical $131.25 ® Certificate ref Inspection $56.00 El Meat Fish Poultry $150.00 (Public Assembly) Restaurant 50+ seats ❑ Public Dance (based on sq ft) © Caterer $ 88.00 ❑ Coin Control Amusement © GoGo Dancing $131.25 © Bakery # games __ per game $47.25 ❑ Skating Rink $210.00 0 0 -2 employees $ 63.00 ❑ Arcade # g -mes _ per game $47.25 ❑ Bowling Alley per lane $31.50 ❑ 3 -10 employees $105.00 ❑ Music mechanical $52.50 # lanes ❑ 11 - 15 employees $157.00 11 Music live, ao dancing $52.50 0 Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 ❑ News StaHd $63.00 # tables ❑ 51 -200 employees $525.00 Corporation Nnme 5r�a�� � �e i �� r ��r��� t _ .i.�ic . _ Business Phone ( -yZ f�! Business Name (aba) Business Fax ( ) - Business Address (no Po Box) Mailing Address (if different) 61 /V N `S ' 1B # f5 c7 l,-) 3 �1 & Business Website Owner(s)/ .Principal Partners E -Mail Applicant (last, first) � !! X61 r��A __ Home Phone ?I6 - ,9=/ 9- - 97rs r• �/ n � Home Address: (PO Box not acceptable) & 7 L- V NIV 3 i . /UL Bate oz birth ' Place of Birth Co- Applicant oast, "- rst3 A. Hpme Phone Home Address: (PO Box not acceptable) ` IL! 4�ve--5r Date of With Place of Birth Describe your specific business activity in detail. subscribed and sworn to before me this day of 20 1 { Commis " er of Deeds M r the ,ry of Bu ew Fork For office use only F 7A {1- CrT`ILl t�c Application No j I00jq ` ( Date issued: i =�i 1 5 I 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. Initial As an authorized agent of the entity identified above, I certify the information or, this form is tale, correct, complete and current to the best of my knowledge and belief. 1 y r" . U i e` " Print ar>�tc` A � ti� 7 -7 rt Signatu s Date _ Food Store License (New) —1580 Genesee (Fill)(EDPI) (Item No. C.C.P., Apr. 12, 2012) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store Liccnse to Fawaz K. Kaid and Mustaq M. Kaid d /b /a Super Price Chopper Inc. located at 1580 Genesee. Passed. T:Iwp60 WkCOUNCILIS -1.12 meetin \faod store license -new -1580 Genesee.doc A AlE NO � FONTANA FRANCZYK LOCU TO PRIDGKN. . PJVIUU RUSE ma g �. 20- 6 X # M- 7 A City Clerk's Department BUFFALO May 4, 2012 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. 40 PASSED May 1, 2012 Food Store License(New)- 941 Niagara(Nia) Gerald A Chwalinski City Clerk APPROV ED �. MAY 1 4 2012 F .: MAYOR 0 0 11 0 To: The Common Council: Date: April 12, 2012 . From: Department Permit & Inspection Services Division: Type in Upper and Lower Case Only Office of Licenses Subject: [: Food Store (New) [: 941 Niagara (Niagara) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx. C.C.P. xxlxx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 941 Niagara (Chez La Camer Rock Center Market /Tomas Pedro - Maseka) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER Signature of Department Head: JC:PS:rf r� F REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 ZONING REVIEW DAVE GRUNDY CHEZ LACAMER ROCK CENTER MARKET FOOD STORE 941 NIAGARA NIAGARA COUNCIL DISTRICT TOMAS FEDRO- MASEKA (716)715 -5969 FST12- 10024736 NO HISTORY OF A FOODSTORE, RESTUARANT, OR TAKEOUT. DISAPPROVAL. REASON: - -------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 3 1 r a DISAPPROVED: DATE: I l DISAPPROVAL DATE: PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN CHEZ LACAMER ROCK CENTER MARKET FOOD STORE 941 NIAGARA NIAGARA COUNCIL DISTRICT TOMAS PEDRO - MASEKA (716)715 =5969 FST12- 10024736 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: 3 ^ -) 7 -t- ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** I�•'� EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES . 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING VINCE FERRARACCIO CHEZ LACAMER ROCK CENTER MARKET FOOD STORE 941 NIAGARA NIAGARA COUNCIL DISTRICT TOMAS PEDRO- MASEKA (716)715 -5969 FST12- 10024736 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 7 I DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: ll� v "i --, P°C i f INSPECTOR: ff(WN tU Cos c) RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 1 a 1F w 'v INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDPVI;.q: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF CHEZ LACAMER ROCK CENTER MARKET FOOD STORE 941 NIAGARA &6 NIAGARA COUNCIL DISTRICT TOMAS PEDRO- MASEKA (716)715 -5969 FST12- 10024736 }tea a3 ---------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: (—, [ PT U �� Y APPROVED: DATE: DISAPPROVED: DATE: ui., [��. r, 6okE ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: COLLECTIONS REFERRED TO: JOE LOTEMPIO APPLICATION FOR: CHEZ LACAMER ROCK CENTER MARKET LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FOOD STORE 941 NIAGARA NIAGARA COUNCIL DISTRICT TOMAS PEDRO- MASEKA (716)715 -5969 FST12- 10024736 ------------------------------------------------------------ - - - - -- - (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) [KPPROV D DISAPPROVED: DISAPPROVAL DATE: 3� DATE: DATE: "REASON FOR DISAPPROVAI. MUST BE STATED BELOW * ** REMARKS: INSPECTOR: /c -- . RM#E / EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 4! . CJT DF BUFFALO - LICENSE AP PLICATION ❑ Sole Proprietor 0 Corporation fee ❑ Restaurant 1 -200 seats $174.00 ❑ 201 -400 seats $250.00 0 400+ seats $350.00 (on.premise consrunption of food and/or beverage) © Certificate of Inspection $56.00 (Public Assembly) Restaurant 50+ seats ❑ Coin Control Amusement # games _ per game. $47.25 • Arcade # games _ per game $47.25 • Music mechanical $52.50 • Music live, no dancing $52.50 • News Stand $63.00 ❑ Partnership fee r ❑ Limited Liability Company ❑ Restaurant Dance ❑ Floor Show $367.50 ❑ Live Music $210.00 ❑ Mechanical $131.25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables Corporation Name #C) M Aq, jM NS E V k- Business Phone (71k) , 6 c j Business Name (dba) Ch 4A C .4MeR /2cx : L E N 1 6-r?2 1W-k9k j , iBusiness Fax { } - Business Address (no Po Box) 1 �74 N l R i Rat G+ PS u H 4 Le Mailing Address (if different) 14 �- L f jdt G'tt' 1Z G S [.I FFca, LO 4V L4 NYS Tax ID # iV4)tI Li - &�S Business Website Owner(s)/ Principal Partners Applicant (last, first) J A -6 /1/LA6EgA J�� (112 v Home Address: PO Box not acceptable) 2b 7 ✓ZOs EC- -�- A - Ve Date of birth PIace of Birth Amok- —111M Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Home Phone Describe your specific business activity in detail. _(,I: n Qtr, �ffi LA t Subscribed and sworn to before me this day of 20 _ L Cnrrimi b Deeds in and for the ,E ty of Buffalo, New York 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 Iicense or timely abatement of any nuisance activity at or associated with the business. Initial As an authorized agent of the entity identified above, I certify the information on this form is � pogec complete'and current to the best of my knowledge and belief. For office use only 4 i, Application No Print Name 1 C) t14 8 5 E-L4 d 15 i�� (D o Date issued: Signatur Date - tol F- 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (71'6) 851 -4078 Fax (716) 851 -4952 All information on this form is public record. ❑ Mail ❑ Walk -in E -Mail -74,11 � � � � 41 Home Phone " fee ❑ Restaurant Take Out $ 88.00 W Food Store $115.00 See additional questions. ❑ Meat Fish Poultry $150.00 ❑ Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 [13-10 employees $105.00 ❑ 11 -15 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 51 -200 employees $525.00 ❑ Restaurant Dance ❑ Floor Show $367.50 ❑ Live Music $210.00 ❑ Mechanical $131.25 ❑ Public Dance (based on sq ft) ❑ GoGo Dancing $131.25 ❑ Skating Rink $210.00 ❑ Bowling Alley per lane $31.50 # lanes ❑ Billiard Parlor per table $31.50 # tables Corporation Name #C) M Aq, jM NS E V k- Business Phone (71k) , 6 c j Business Name (dba) Ch 4A C .4MeR /2cx : L E N 1 6-r?2 1W-k9k j , iBusiness Fax { } - Business Address (no Po Box) 1 �74 N l R i Rat G+ PS u H 4 Le Mailing Address (if different) 14 �- L f jdt G'tt' 1Z G S [.I FFca, LO 4V L4 NYS Tax ID # iV4)tI Li - &�S Business Website Owner(s)/ Principal Partners Applicant (last, first) J A -6 /1/LA6EgA J�� (112 v Home Address: PO Box not acceptable) 2b 7 ✓ZOs EC- -�- A - Ve Date of birth PIace of Birth Amok- —111M Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Home Phone Describe your specific business activity in detail. _(,I: n Qtr, �ffi LA t Subscribed and sworn to before me this day of 20 _ L Cnrrimi b Deeds in and for the ,E ty of Buffalo, New York 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 Iicense or timely abatement of any nuisance activity at or associated with the business. Initial As an authorized agent of the entity identified above, I certify the information on this form is � pogec complete'and current to the best of my knowledge and belief. For office use only 4 i, Application No Print Name 1 C) t14 8 5 E-L4 d 15 i�� (D o Date issued: Signatur Date - tol F- 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (71'6) 851 -4078 Fax (716) 851 -4952 All information on this form is public record. ❑ Mail ❑ Walk -in E -Mail -74,11 � � � � 41 Home Phone " Food Store License (New) — 941 Niagara (Nia)(EDPI) (Item No.: , C.C.P., Apr. 12, 2012) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspections Services, dated April 12, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Tomas Pedro - Maseka dIb /a Chez La Camer Rock Center Market located at 941 Niagara. Passed. T;\wp66LQ TOUNCII.154.12 meetinglfood store license- new -941 Niagara.docx S - FON ANA y LQM IM LocURT PPJDGE T ZVERA RUS 23- G gy M- 7 To: The Common Council: Date: April 12, 2012`1 From: Department Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Food Store (New) [: 778 Tonawanda(North) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xxlxx/xx }: Text (Type Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 778 Tonawanda (Mega Market Inc. /Ahmed Ali) and find that as to form is correct. I have caused an. investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Tyne Title: Signature of Department Head: JC:PS:rf FA REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 ZONING REVIEW DAVID KRUG MEGA MARKET INC. FOOD STORE 778 TONAWANDA NORTH COUNCIL DISTRICT AHMED ALI (716 )877 -2263 FST12- 10024632 Yl � -- - - - - -- - - -- - -- - - -- - -- -- -- -- (T O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO APPROVED: DATE: v/ /7C)i Z_ DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE CHIEF MARK MORGANTI MEGA MARKET INC. FOOD STORE 778 TONAWANDA NORTH COUNCIL DISTRICT ARMED ALI (716)877 -2263 FST12- 10024632 ----------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO D., DATE: ISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: 1~ '} G ` RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF ' LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT; APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: J TRM�. DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO; NY 14202 BUILDING VINCE FERRARACCIO MEGA NL RIKET INC. FOOD STORE 778 TONAWANDA NORTH COUNCIL DISTRICT AHMED ALI (716)877 -2263 FST12- 10024632 ----------------------------------------- - - - - - - - - - - - - - - Y - - - - - - - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO D: } DATE: J DISAPPROVED: DATE: DISAPPROVAL DATE. ":. *'"REASON FOR DISAPPROVAL ATUST BUSTATED BELOW"' REMARKS: _ S - - RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 1� 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF MEGA MARKET INC. FOOD STORE 778 TONAWANDA NORTH COUNCIL DISTRICT AHMED ALI (716)877 -2263 FST12- 10024632 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLI AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: . BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO MEGA MARKET INC. FOOD STORE 778 TONAWANDA NORTH COUNCIL DISTRICT AHMED ALI (716)877 -2263 FST12- 10024632 r --' -- - - - - - - - - - - - �- - - - - - - - - - - - - - - - - - - TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DISAPPROVED: DATE: �>-/7 1> DATE: DISAPPROVAL . DATE: ** *REASON FOR DISAPPROVAL MUST BE STA'T'ED BELOW * ** REMARKS: INSPECTOR: f if�I�'�C --� /���/ _. R EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO - LICENSE APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 ` Phone (716) 851 -4078 Fax (716) 851 -4952 di t? All information on this form is public record. Type of Entity: ❑ Sole Proprietor ❑ Corporation ❑ Partnership ❑ Limited Liability Company Corporation Name n Business Name (dba) Business Address (no m Box) Mailing Address (if different) NYS Tax ID # l/ --� 61F. Business Website cc(1 fee ❑ Restaurant 1 -200 seats 1174.00 ❑ 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 50+ seats ❑ Coin Control Amusement $ 63.00 # games _ per game $47.25 ❑ Arcade # games— per game $4 ❑ Music mechanical $52.50 • Music live, no dancing $52.50 • News Stand $63.00 Corporation Name n Business Name (dba) Business Address (no m Box) Mailing Address (if different) NYS Tax ID # l/ --� 61F. Business Website cc(1 Business Phone} Business Fax E -Mail Owner(s)/ Principal P Hers Applicant (last, first) � "" p Homp Phonj Home Address: CPO Bo not acce table) a 2 ' 7X14 1 1 C�� Date of birth – Place of Birth Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth �usmes activity Subscribed and worn to before me this d of 20 'L C ssioner of Deeds in for the City of Buffalo, Ne yo For office use only App No Date issued: 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. Initial As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of m....knowledge and belief. l� ` P�inital�frie Siguatrir',' Date fee ❑ Restaurant Dance • Floor Show $367.50 • Live Music $210.00 • Mechanical $131.25 ❑ Public Dance (based on sq ft) • GoGo Dancing $131.25 • Skating Rink $210.00 • Bowling Alley per lane $31.50 # lanes • Billiard Parlor per table $31.50 # tables ✓i fee Restaurant Take Out $ 88.00 OgFood Store $115.00 See additional questions. ❑ Meat Fish Poultry $150.00 ❑ Caterer $ 88.00 ❑ Bakery ❑ 0 -2 employees $ 63.00 ❑ 3 -10 employees $105.00 ❑ I1 -15 employees $157.00 ❑ 26 -50 employees $315.00 ❑ 51 -200 employees $525.00 Business Phone} Business Fax E -Mail Owner(s)/ Principal P Hers Applicant (last, first) � "" p Homp Phonj Home Address: CPO Bo not acce table) a 2 ' 7X14 1 1 C�� Date of birth – Place of Birth Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth �usmes activity Subscribed and worn to before me this d of 20 'L C ssioner of Deeds in for the City of Buffalo, Ne yo For office use only App No Date issued: 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. Initial As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of m....knowledge and belief. l� ` P�inital�frie Siguatrir',' Date fee ❑ Restaurant Dance • Floor Show $367.50 • Live Music $210.00 • Mechanical $131.25 ❑ Public Dance (based on sq ft) • GoGo Dancing $131.25 • Skating Rink $210.00 • Bowling Alley per lane $31.50 # lanes • Billiard Parlor per table $31.50 # tables ✓i 00 4 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 10, 2012 FROM: DEPARTMENT: PERMIT & INSPECTION SERVICES SUBJECT: [: "Illegally Placed Advertising Signs" [: Item No. 89 CCP 04/03/2012 G G PRIOR COUNCIL REFERENCE: (IF ANY) [:Ex. (item No. xxx. C.C.P. xxlxxlxx) This correspondence is in response to the Common Council's request for comments and/or recommendations concerning Item # 89; C.C.P. April 3, 2012 regarding "Illegally Placed Advertising Signs" placed on public property. The Department Permits & Inspection Services has the following comments /recommendations with regards to the aforementioned communication filed by the Common Council: Signs placed solely on public property with or without permission do not fall under the jurisdiction of the Department of Permit & Inspection Services; all public property /right of way jurisdictions are within the Department of Public Works, Parks & Streets. Businesses located on private property with signage attached thereto that "encroaches" city right of way are permitted and licensed through the Department of Permit & Inspection Services. Said permits and/or licenses are issued only after Common Council and Department of Public Works, Parks & Streets approval. All other signage located solely on public property /right of way per Chapter 3 87 -25 of the City of Buffalo Charter would require approval and /or consent via a "permit, lease, contract, specific authorizing resolution" from the Department of Public Works, Parks & Streets and/or the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSONER OF PUBLIC WORKS, PARKS & STREETS SIGNATURE DEPARTMENT HEAD TITLE: Commissioner of Permit & Inspection Services RESOLUTION Sponsor: Darius G. Pridgen Subject: Illegally Placed Advertising Signs Whereas: Recently, many constituents have been complaining about signs being posted throughout the city advertising the sale of furniture. The signs appear to be handwritten and only include information about the merchandise being advertised and a phone number, however, the signs do not identify the business that they are associated with; and Whereas: These signs have become visual clutter sidewalk obstructions and are not removed upon being damaged, weathered, or blown out of the ground. Furthermore, signs have been found in many streets, creating a potential threat to motorists and cyclists; and Whereas: The signs are being placed on public property without permission from the Common Council or the Department of Permit and Inspection Services; and Whereas: The public has the right to the free use of streets and sidewalks which are not only free ' from physical obstructions but which also appear aesthetically pleasing. The numerous brightly colored signs. being placed on City property. are eyesores which diminish the quality and appearance of each citizen's environment; and Whereas: According to :§ 387 -25 of the City of Buffalo. Charter "No person shall place, attach or maintain any sign of any nature on any property belonging to the City of Buffalo without first obtaining the consent of the City of Buffalo in the form of a permit, lease, contract, specific authorizing resolution of the Common Council or as otherwise provided in this chapter"; and Whereas: The City of Buffalo, and especially this Common Council supports businesses that advertise in accordance with City laws and acquire the proper permits and licenses. Now, Therefore be it Resolved: That the Common Council is hereby on record in its opposition to businesses that advertise unlawfully in the City of Buffalo; and Be it Further Resolved: That the Common Council hereby directs the City of Buffalo Department of Permit and Inspection Services to take . action against any business that unlawfully places signage on City property or otherwise advertises illegally within the City of Buffalo; and Be it Finally Resolved: That. copies. of .this resolution be forwarded to fibs City. of Buffalo Department o Permit and Inspection Services, the Buffalo Police Department, the Department of Public Works Parks, and Streets and the City of Buffalo Corporation Counsel. Darius G. Pridgen Ellicott District Council Member April 3, 2012 Common Council legfolactt"be Otacff City of Buffalo, NY James Comerford, Commissioner Permit & Inspection Services Room 324 City Hall Buffalo, NY 14202 Chief of Staff Kevin M. Linder, Esq. Deputy Chief of Staff Todd C. McAlister Dear Commissioner Comerford: At the Common Council meeting held on April 3, 2012, the following item was ADOPTED by full Council: Item # 89 CCP 04/03/2012 "Illegally Placed Advertising Signs" Please review the enclosed item and address and file your comments and /or recommendations with the Buffalo Common Council, 1308 City Hall, Buffalo, New York, 14202, by 2:00pm, Thursday, April12, 2012. Julia A. Paul Sr. Legislative Assistant Common Council Staff Room 1413 City Hall (716) 851 -4616 aul cit •- buffalo.com Enc. 65 Niagara Square - Room 1413 Buffalo, New York 14202 -3318 Phone: (716) 851 -5105 Fax: (716) 851 -4234 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE., POLICY & URBAN AFFAIRS May 1; 2012 City Clerk's Department BUFFALO May 4, 2012 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. 43 Sale of Used Tires PASSED May 1, 2012 Gerald A Chwaiinski City Clerk APPROVED MAY 1 4 2012 �,. ?� r N. 00 40 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 3, 2012 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs - Purchase Division SUBJECT: [:Sale of used tire PRIOR COUNCIL REFERENCE: (1F ANY) Ex. (Item No. xxx, C.C.P. xx /xxlxx) The Division of Purchase continually solicits various methods of creating cost savings along with generating revenue for the City of Buffalo. We are requesting permission from your Honorable Body to sell used tires from the Division of Inventory & Stores, that for safety reasons can no longer be used on emergency vehicles due to tread wear. Bid proposal #276 was sent out to 15 used tire stores and taxi companies. An offer was received from Fox Tire Co, Inc., located at 1035 William Street, Buffalo, New York . A sample of the price they would pay for our tires is: 235155 R17 @ $3.50 per tire, 215/60/R16 @ $5.00 per tire. Currently the City of Buffalo does not.receive any money for our used tires but disposes of them at the East Side recyling site at a cost of $40 /ton. This contract for the sale of our tires would be from the date of your approval through June 30, 2013, with three (3) one year options, if agreeable by both parties. SIGNATURE DEPARTMENT HEAD TITLE: William L. Sunderlin Director of Purchase i f7 s rk Report of Bid — Sale of Used Tires (Item No. 7 _ C.C.P., Apr. 3, 2012) Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated April 3, 2012, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to enter into a contract with Fox Tire, Co., Inc., located at 1035 Williams Street, Buffalo, New York for the sale of used tires from the Division of Inventory & Stores that for safety reason can no longer be used on emergency vehicles due to tread wear. The contract for the sale of used tires would be from the date of approval through June 30, 2013, with three (3) one -year options. Passed. TAwp601JRP1COUNC1L\5 -1 -12 meeting\Report of Bid -Sale ofTires.docx �5 a FROM THE CIVIL SERVICE COMMISSION May 1, 2012 City Clerk's Department BUFFALO May 4, 2012 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. 44 PASSED May 1, 2012 Request to Enter Into Contract Eb Jacobs Assessment Center Testing- Fire Gerald A Chwalinski City Clerk MAY 1 4 2012 :. r m c,a 0 0 44 '° SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: APRIL 20, 2012 FROM: DEPARTMENT: HUMAN RESOURCES /CIVIL SERVICE SUBJECT: [: REQUEST TO ENTER INTO CONTRACT [: EB JACOBS, LLC. [: ASSESSMENT CENTER TESTING FACILITY [: FIRE LIEUTENANT, FIRE CAPTAIN, BATTALION CHIEF, AND DIVISION CHIEF PRIOR COUNCIL REFERENCE: Item No. 70, CCP 10/4/2011 The Department of Human Resources /Civil Service Administration is in the process of administering examinations for the titles of Fire Lieutenant, Fire Captain, Battalion Chief, and Division Fire Chief. These exams consist of a written component and assessment center. The vendor for the development and administration of the examinations for said titles, selected through the RFP process, is EB Jacobs, LLC of State College, Pennsylvania. The contract with EB Jacobs omitted a provision to secure testing facilities for the assessment center portions of the exams. EB Jacobs entered into contract with the Hyatt Regency Buffalo as the site for assessment center testing. The Department of Human Resources /Civil Service Administration respectfully requests authorization from the Common Council to enter into contract with EB Jacobs, LLC to secure assessment center testing facilities at the Hyatt Regency Buffalo for said examination titles. PATRICIA P. FOLTS COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES AGREEMENT THIS ADDENDUM made and entered into this _ day of , 2012, is by and between the CITY OF BUFFALO ( "CITY "), a municipal corporation organized under the laws of the State of New York with its principal office at 65 Niagara Square, Buffalo, New York through its DEPARTMENT OF HUMAN RESOURCES ( "HUMAN RESOURCES "), and EB JACOBS, LLC, a corporation with offices located at 300 South Burrowes Street, State College, PA 16801 ("CONTRACTOR"). WITNESSETH: WHEREAS, pursuant to Common Council Proceedings, Item No. 70, October 4 2011, the Buffalo Common Council has authorized the Department of Human Resources to enter into a contract with the CONTRACTOR to develop selection procedures to be used to generate the CITY'S eligibility lists for Fire Lieutenant, Fire Captain, Battalion Chief, and Division Fire Chief; and; WHEREAS, the CITY and CONTRACTOR entered into an agreement dated the 23 day of January, 2012, to perform the aforesaid services; and WHEREAS, that contract omitted provision for securing necessary testing facilities for administration of the tests; WHEREAS, the CONTRACTOR has entered into contract with the Buffalo Hyatt Regency as the site to administer the in- basket and oral assessment test components of said examinations. NOW THEREFORE, in consideration of the foregoing the Agreement of the Parties dated January 23, 2012 is amended by adding the following provisions: 1. The CONTRACTOR shall secure meeting and testing space within the City of Buffalo suitable for the administration of the examinations. 2. The cost of such space shall in no event exceed the sum of $6, 450.00. 3. The CONTRACTOR shall submit invoices for such meeting and testing space to the Commissioner of Human Resources. 4. All costs shall be subject to audit by the Comptroller of the City of Buffalo. 5. All other terms and conditions of the agreement dated January 23, 2012 remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have set their signatures this Day of 2012. EB JACOBS, LLC RICK R. JACOBS CHIEF EXECUTIVE OFFICER EB JACOBS, LLC PATRICIA P. FOLTS COMMISSIONER DEPARTMENT OF HUMAN RESOURCES APPROVED AS TO FORM ONLY ACKNOWLEDGEMENT On the day of in the year 2012, before me personally appeared PATRICIA P. FOLTS to me known, who, being by me duly sworn, did depose and say that she resides in Buffalo, New York; that she is the COMMISSIONER OF HUMAN RESOURCES of the CITY OF BUFFALO, the municipal corporation described herein and that she executed the above instrument in her capacity for and on behalf of said municipal corporation by like authority. NOTARY PUBLIC ACKNOWLEDGEMENT On the day of in the year 2012, before me personally appeared RICK R. JACOBS to me known, who, being by me duly sworn, did depose and say that he is the CHIEF EXECUTIVE OFFICER of EB JACOBS, LLC, the corporation described herein and that he executed the same in his capacity for and on behalf of said corporation by like authority. NOTARY PUBLIC CITY OF BUFFALO 4 'ticE i; Request to Enter Into Contract — EB Jacobs Assessment Center Testing — Fire (Item No. � C.C.P., Apr. 20, 2012) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated April 20, 2012, be received and filed; and That the Department of Human Resources /Civil Service Administration is hereby authorized to amend a contract amendment with EB Jacobs, LLC for the administration of the examinations for the titles of Fire Lieutenant, Fire Captain, Battalion Chief, and Division Fire Chief, and to provide for testing center space at a cost not to exceed $6,450.00. Passed. TAwp6%W\COUNCILI5-1.12 meetingaequest to Enter Into Contract -EB Jacobs.docz *AYE *NO* FONTAN FRANCZYK . GOLONM LoCURTo RIVE9AI RUSS" Maj a 5 213- G 314- 7 { FROM THE CITY CLERK. May 1, 2012 00 4 OFFICE OF THE CITY CLERK GERALD A., CHWAL.INSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA. SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 94202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 April 25 2012 I 0 tl C Ij J C_/ L Buffalo Common Council 1308 City Hall Buffalo, New York 14202 Dear Council Members: As per the Chicken License Ordinance, enclosed please find the list of approved licenses with the required information for each applicant. Should you have questions and /or concerns pertaining to this matter, do not hesitate to contract me at 851 -5598. Respectfully, Gerald A. Chwalinski City Clerk GC /Ir Enclosure A\ Name / Hen License Address Count Issue Date Expiration Date Aaron Swanson 5 10/4/2011 10/31/2012 190 Hoyt Street, 14213 Daniel Ash - - - - -- --------------------- 5 -------------- ----- 11/3/2011. - - - - -- - - -- -- - - - - -- - -------- - - - - -- 11/30/2012 161 Southampton St, 14208 Mass. Ave Proj ------------- - 5 - - - -- ---------------------------------:----------------------------- 4/21/2010 4/30/2013 387 Massachusetts Ave, 14213 Monique Watts 5 ---------------------------------- 9/1/2009 - - - - -- ------------------.------------ 8%31/2012 . 362 Rhode Island St, 14213 Tevito Torres --- 1 - - - - -- ------------ ------------------ 10/3/2011 - - - - -- ---------------------------- 10/30/2012 41 Tuxedo, 14207 REFERRED TO THE COMMITTEE ON LEGISLATION.. 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 382 Abbott Rd Conlon's Daniel J. Cohlon 191 Allen Cantina M. Anorzejewski 150 Military Rd Military Tavern M. Hatten 391 Washington Tap Room @ Lafayette Earl Ketry RECEIVED AND FILED May 1 2012 STATE OF NEW YORK y ' EXECUTIVE DEPARTMENT DIVISION OF ALCOHGY,YC BEVERAGE CONTROL STATE LIQUOR AUTHORITY sfwaardized NOTICE FORM p,Providinga 30 -Day Advante Notice to a Local Mnnicinality or Community Board in connection with the submssion is the State LiquorAuftnty ofa {check one ** a 1 New A Hcation ❑ Renewal Application ❑ Alteration Aunlicatiollk Corporate Change ❑ for an On- Premises Alcoholic Beversee License 1. Date the original copy of this No was mailed to the Local Municipality or Community Board: "� 2 D THIS 30 -DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALTCY OR COMMUNITY BOARD 2. Name of the Local Municipality or Community Board: ? FOR NEW APPLICANTS, PROVIDE DESC ION BELOW $SING ALL 11WORKATION BROWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLWM DRNCRWnON AND DIAGRAK OF PROPOSED ALTERATIONIS) FOR CURRENT LICENSEES, SET FORTH APPROVED MLITHOD OF OPERATION ONLY DO NOT USE TMS FORM TO CIIANGrE YOUR METHOD OF OPERATION 3 Types) of alcohol sold or to be sold under the license %° ❑ Beer Only 11 Wine and Beer Only Liquor, Wine, and Beer one); LLL lll a i q, Extent of food se � Restaurant {Sale of food primarily; Full food menu; Tavern /Cocktail lounge /Adult Venue /Bar )Alcohol sales primarily - s Kitchen run by chef) meets legal minimum food availability requirements) one) { one S ' Typ of Live Disk .lake Patron Dancing abaret, Night Club, Discotheque Capacity for 600 Hotel ❑ ❑ ❑ g ❑ establishment Musle Jockey Box (Small Scale) Large Scale Dance Club) or more patrons (� ^❑ ^ ❑ Club (e.g. Golf / ❑ Bed & ❑ Catering ❑ Karaoke Stage Topless Recreational Facility Fraternal Org.) Breakfast Facility Bar Shows Entertainment (Sports Facility /Vessel) that apply) Ga l� 6 Licensed None Rovfto ❑ p gPatio Freestanding Garden / Sidewalk. Other ❑Covered ❑Grounds ❑cafe ❑ outdoor area: or Deck Structure (Specify): 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? (W one]: I y[) YES ❑ NO Ad 8. License serial number. -s 9. Expiration Date: 6 i 10 The applicant's or license holder's full name, as it 10C,, \ 1 Coy } appears or will appear on the license: I t ` C,, 1 11. The trade name, if any, under which the establishment 1 1 conducts or will conduct business: 0 rtf { A! 12. The establishment is located within the building { l which has the fallowing street address: 13. City, Town, or Village: NY I Zip Code: 14. The establishment is located on the following floors) of the building at the above address: S� F r- 15, Within the building at the above address, the establishment is located within the rooms) numbered as follows: xZ 16. Business telephone number of applicant /licensee: ' - -7 'Z - Z 17. Business fax number of applicant /licensee: - - 18. Business a -mail address of applicant /licensee: C' Jj O A) Does the applicant or license holder if `YES', SKIP items No. 20 -23. 11 "NO, ANSWER items No. 20 -23, 19. own the building in which the Complete the 3 entries Yes and complete the 3 entries N O establishment is located? (7L" one ) at Item No. 24. at Item 0 4. OWNER OF THE BUILDING W WHICH THE LICENSED ESTABLISHMENT IS LOCATED 20. Building owner's full name is: a 'g 21. Building owner's street address: 22. City, Town, or Village: Zip Code: `: p 23. Business telephone number of building owner: - - " l 411 I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form "in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made iir this fortrr will e] "so be relied upon, and that false representations may result in disapproval of the application or revocation of the license. By my signature, I affirm - under Penalty of PeOury - that the representations made in this form are true. 24 Peintrd Name `` Titte ^ C X Revised 10/12/11 I Daniel Conlon write inform you that Conlons bar and Gill is Incorporating. We already have a liquor license and am applying for one under the Corporate name INTER UTRUMQUE INC. BDA CONLON'S. Thanks Dan Conlon Conlons Bar and Grill 3 82 Abbott RD Buffalo NY o �i 4 Z I&UA WYA. xdA Lyd"40-30 ____ - - - -- _ �tt�rney�it La�?rr' April 19, 2012 Office of the City Clerk 1308 City Hall Buffalo, NY 14202 Re: Notice of intent to Alter Application MTMEX Corp Cantina Loco 191 Allen St Buffalo, NY 14201 . Dear Dana, Please accept this letter as notice that the above mentioned establishment will be applying to alter their liquor license to add a back patio dining area. Enclosed is the new application notice form. Please contact me if any further information is required. Very truly yours, 37 Franklin St, Suite 750 PHONE: 716 - 989.0090 Buffalo, New York 14202 FAX.. 716 - 408 -5594 . www.Lazroel,aw.com Matthew@Lazroelaw. com /Ma azroe, Esq. Enc. �% h 3 - 'v 37 Franklin St, Suite 750 PHONE: 716 - 989.0090 Buffalo, New York 14202 FAX.. 716 - 408 -5594 . www.Lazroel,aw.com Matthew@Lazroelaw. com cipale tE d STATE OF NEW YORK a h p" A° inconnec[ on wi h them bmission W he SYaie LigugrAulhanry ofa ( check {] one EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL =� '' New Application ❑ Renewal A llcati6n ❑ STATE LIQUOR AUTHORITY Alteration Application for an On- Pregfts Alcoholic Beverage License 1. - Data the original copy of this Notice was mailed to the Local Municipality or Community Board: 2 0 THIS 3o -DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING_ LOCAL MUNICIPALITY,OR COWAINITY BOARD.. 2. - Name of the Local Municipality or Community Board: FOR NEWAPPLICANTS,PRomEAEsawrION BELOW: USING- ALLINFORMATION KNOWN TO:DATIE - FOR ALTERATION APPLICANTS, ATTACH : COMPLETE. DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION(_S) . :FOR CURRENT LICENSEES,.SET FORTH APPROVED; METHOD -OF OPERATION ONLY DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION 3. Type(s) of alcohol sold or to be sold under the license ( "X" re : Beer Only Wine and Beer Only - Liquor, Wine, and Beer Extent of � Restaurant (Sale of food primarily; Full food menu; Kitchen run ❑ Tavem/ Cockt-i l Lounge! Adult Venue /Bar (Alcohol sales primarily -meets legal 4 food service: i by chef) minimum food availability req - ( "X" ne - Capacity 5. Type of hotel Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque for 600 establishment; Music Jockey Box (small Scale) (Large Scale Dance Club) or mare - patrons ( "X " (g all Club e. Gvlf! Bed& Caterin g P Karaake Stage Topless Recreational Facility (Sports that apply) FraternalOrg,) Breakfast Facility Bar Shows '� Entertainment Facility/Vessel) Licensed outdoor Patio Freestanding ttt Garden I JJ���JJJ Sidewalk III ���I /I Other 6 ' area[ ❑None ❑ Rooftop c (Specify) ® or Dek Covered Structure Grounds Cafe ❑ 5 fy) 7. Will the license holder or manager be physically present within the establishment during all hours of operation? ( "X" o : on - � YBS - ❑ NO ' Ib,h f Y,v Yw g. License serial number: 1 9. Expiration Dale; 10 The applicant's or license holder's full name, as it appears ar A N- will appear on the license: c C•- i The trade name, if any, under which the establishment conducts or will I l conduct business: 12. The establishment is located within the building which has the C, A L �.� following street address: 13. City, To —, - ar Village: ,.) f: •fA L:`} - NY Zip Cade: r 14. The establishment is located on the following floor(s) of the building at the above address: a-S i Z -(✓�, (... _ 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 applicauUlicensee: - III, Business e-mail address of applicantdicensee. Clw -J 7 ' 1 " is 0C U Cc". C. (1y A C U O k ZU Does the applicant at license holder If "YES", SKIP items No. 20 -21 H'NO ", ANSWBBrtems No: 20 -23, 19. own the building in which the .Complete the 3 envies �T and complete the'3•entries establishment is located? ( "X" QIg)i Yes[] at Item No, 24. No, - at Itenjq'q 24. OWNER OF THE BUILDING IN WHICH THE INCENSED ESTABLISHMENT IS LOCATED .r, ;1 20. Building owner's full name is: t C _ � i 6 -y CJ 21. Building owner's streetaddress: f - C(S - 1 �� -� - '' u �.. 22. City, Town, or V illage: J : 1 _ Zip Cod 23. Business telephone number of building owner: am. the applicant ar.hold the license or am a prhicipal of tltelegal entity that holds or is applying fortise license. Representations is iliisform are in confvrmify with represcntabons made.insab pitted documents relied upon by the Authority when granting the license. I understiand that repirmmtaiianemade imthis` €orm will also be relied upon, and that false represe_ntahonsmay result in'disapproval of the appliciifion or revocation of the license.. 24. By my signature I affirm _ under Penalty aPYerlury'- that the representations made to this farm e. Neme p - , 7511 ( f q S . y 3�gna. Standardized NOTICE FORM for Providing a r N 30- -Day Advance Notice to a Lora Mum 'tv or Cammunl Boa cipale tE d STATE OF NEW YORK a h p" A° inconnec[ on wi h them bmission W he SYaie LigugrAulhanry ofa ( check {] one EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL =� '' New Application ❑ Renewal A llcati6n ❑ STATE LIQUOR AUTHORITY Alteration Application for an On- Pregfts Alcoholic Beverage License 1. - Data the original copy of this Notice was mailed to the Local Municipality or Community Board: 2 0 THIS 3o -DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING_ LOCAL MUNICIPALITY,OR COWAINITY BOARD.. 2. - Name of the Local Municipality or Community Board: FOR NEWAPPLICANTS,PRomEAEsawrION BELOW: USING- ALLINFORMATION KNOWN TO:DATIE - FOR ALTERATION APPLICANTS, ATTACH : COMPLETE. DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION(_S) . :FOR CURRENT LICENSEES,.SET FORTH APPROVED; METHOD -OF OPERATION ONLY DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION 3. Type(s) of alcohol sold or to be sold under the license ( "X" re : Beer Only Wine and Beer Only - Liquor, Wine, and Beer Extent of � Restaurant (Sale of food primarily; Full food menu; Kitchen run ❑ Tavem/ Cockt-i l Lounge! Adult Venue /Bar (Alcohol sales primarily -meets legal 4 food service: i by chef) minimum food availability req - ( "X" ne - Capacity 5. Type of hotel Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque for 600 establishment; Music Jockey Box (small Scale) (Large Scale Dance Club) or mare - patrons ( "X " (g all Club e. Gvlf! Bed& Caterin g P Karaake Stage Topless Recreational Facility (Sports that apply) FraternalOrg,) Breakfast Facility Bar Shows '� Entertainment Facility/Vessel) Licensed outdoor Patio Freestanding ttt Garden I JJ���JJJ Sidewalk III ���I /I Other 6 ' area[ ❑None ❑ Rooftop c (Specify) ® or Dek Covered Structure Grounds Cafe ❑ 5 fy) 7. Will the license holder or manager be physically present within the establishment during all hours of operation? ( "X" o : on - � YBS - ❑ NO ' Ib,h f Y,v Yw g. License serial number: 1 9. Expiration Dale; 10 The applicant's or license holder's full name, as it appears ar A N- will appear on the license: c C•- i The trade name, if any, under which the establishment conducts or will I l conduct business: 12. The establishment is located within the building which has the C, A L �.� following street address: 13. City, To —, - ar Village: ,.) f: •fA L:`} - NY Zip Cade: r 14. The establishment is located on the following floor(s) of the building at the above address: a-S i Z -(✓�, (... _ 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 applicauUlicensee: - III, Business e-mail address of applicantdicensee. Clw -J 7 ' 1 " is 0C U Cc". C. (1y A C U O k ZU Does the applicant at license holder If "YES", SKIP items No. 20 -21 H'NO ", ANSWBBrtems No: 20 -23, 19. own the building in which the .Complete the 3 envies �T and complete the'3•entries establishment is located? ( "X" QIg)i Yes[] at Item No, 24. No, - at Itenjq'q 24. OWNER OF THE BUILDING IN WHICH THE INCENSED ESTABLISHMENT IS LOCATED .r, ;1 20. Building owner's full name is: t C _ � i 6 -y CJ 21. Building owner's streetaddress: f - C(S - 1 �� -� - '' u �.. 22. City, Town, or V illage: J : 1 _ Zip Cod 23. Business telephone number of building owner: am. the applicant ar.hold the license or am a prhicipal of tltelegal entity that holds or is applying fortise license. Representations is iliisform are in confvrmify with represcntabons made.insab pitted documents relied upon by the Authority when granting the license. I understiand that repirmmtaiianemade imthis` €orm will also be relied upon, and that false represe_ntahonsmay result in'disapproval of the appliciifion or revocation of the license.. 24. By my signature I affirm _ under Penalty aPYerlury'- that the representations made to this farm e. Neme p - , 7511 ( f q S . y 3�gna. Standardized NOTICE FORM for Providing a r A N 30- -Day Advance Notice to a Lora Mum 'tv or Cammunl Boa 13 NOTICE FORM fir 11roviding a 30-Day Advance Notice f a Local Municipality or Communft 89 in connecrim torh the nibodysion to the Stale . Nquor.4whorilyofa (check one) New Application 19 Application ❑ Alteration Application ❑ for aiWn-.Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Luca] Municipality or Community Board: 6 4 2 0 OTIO IS BEI - Ll� c vp OWjNG ft 2. Name of the Local Municipality or Community Board: a 7i FOR NEW AOPLI'd A-0 k D 11H4--APLAJF A"� F`� �Yr STATE OF N EW YORK EXECUTIVE DEPARTMENT 3. DIVISION OF ALCOIIOLIC BEVERAGE CONTROL Beer Only Wine and Beer On STATE LIQUOR AUTHORITY. 13 NOTICE FORM fir 11roviding a 30-Day Advance Notice f a Local Municipality or Communft 89 in connecrim torh the nibodysion to the Stale . Nquor.4whorilyofa (check one) New Application 19 Application ❑ Alteration Application ❑ for aiWn-.Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Luca] Municipality or Community Board: 6 4 2 0 OTIO IS BEI - Ll� c vp OWjNG ft 2. Name of the Local Municipality or Community Board: a 7i FOR NEW AOPLI'd A-0 k D 11H4--APLAJF A"� F`� �Yr FOR ALTi 16, W OiLrA F_ BED FOlic 1, P I NF11y y M D F. 3. Type(sl of alcohol sold or to be, sold under One license Beer Only Wine and Beer On Liquor, Wine, and Beer ("X" one): 4, Extent of food service: lounge AdUltVenue / Bar (Alcohol sales primarily F1 Restaurant (Sale of food primarily: [;oil food InCr.11.1; Tavern Cocktail ci 5 Kitchen run by chechef) meets l egs[ cgs[ minimum food availability requirements) 5, Type of Live ❑ Disk J uke [ �S ` n l' a n Cabaret, Night Club, Discotheque Capacity for 600 El Flute El Live 11Jocke establishment: {Small L_j (Large Scale Dance Club) or more patrons Music l 0 01, I 1 X I an that apply) T- Club jo.g. Golf/ Bed & Catering KaraDkc op less Restaurant 0 0 (Sp Recreational Facility Fraternal Or arts Facility/Vessel) 0 Breakfast Facility Bar .l E. n 1. 6. Licensed Go Freestanding Garden -I Sidewalk F__j Other None ❑ Roofto [] P Freestanding outdo or area: Covered Structure Grounds Cafe (Specify): 7, be physically present within the establishment during all hours of operation? ("Vg4jej: NO Will the license holder or a manage YES ❑ 8 "E License serial number: Date: I - *05 10. —pra.'o The applicant's or license holder's full name, RS it appears or will appear on the license L — if I*. ix i I Put 6 2 -jL-,i C ll. The trade name, if any, under which the establishment conducts or Will conduct business: I— L—L F1 I A%/. The establishment is located within the building e 12. which has the following street. address; ao r_1 I L it % Z!tj Pitt 13. City, Town, or Village: -4 EEftL42 NY Zip Code: 6 14, The c stablishment is located an the foilowing floor(sl of the building at the above address: is. Within the building at the above address, the establishment 18 located within the ructrals) numbered asTollowx 16. Business telephone number of applicant /licensee: 3 - 7 1? 17. Business fax number ol'applicantl licensee: 18. Business e-mail address of applicant /licensee: Does the applicant or license holder the building in which the If `YES ". SKIP items No. 20 -23. Complete the 3 entries If 'NO', ANSWER items No. 20-23, and complete the 3 entries 19. own 'X" yes at ftern No. 24. No at Item No, 24. establishment is located? mg) a Z ��J OWNER Or T Q P 20. Building owner's lull name is: " RLd V -S 21. Building owner's street address: C-0 22. 14 City, Town, or Village: =*,a f f L-f Z 1 -- ip Code; �. Z2_S — 23, Business telephone number of building owner: 7 A the licen.- raimapnndip a gW entity that o s.ur is app yvig for ttia license. epresents bold to 0 Ff�e iet Id I R "ItIorls.Wt . h io`f� rM Amu or he riting the liccn se. 1 u ncierstan represen _tiq�s mad' ..t s tj s d s documents xetie vpon by the Au w n gra d ffiat- -repotuit od ma e in au relied upon, and that 'false siepreseqtnti4ris may result ift disapproval of the application or revoC86060t the ICerIse.. Hy my signacurr,j un . . nalty of Perjury - that the rep resentations presentations made in this form are true: Print d K ail I J. X STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Shuutarciixed NOTICE FORM for Prvrnuhliga 30 -Day. Advance Notice in a Local Mnnicioalih' or Community Board iry camieclrun srrlh the suhgirvsirnr lu the Stale Liyrrur Airlkniity ufrl `cheek one New Apolication ! Renewal Application ❑ Alteration Application❑ Corporate Change ❑ for an On- Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Beard: 2 0 THIS 3G -DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY BOARD 2, Name of the Local Municipality or Community Hoard; FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL INFORMAT ON KNO N TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION (S) ' - - FOR CURRENT LICENSEES, SET FORTH APPROVED METHOD OF OPERATION ONLY - DO NOT USE THIS FORM TO CHANGE YOUR METHOD OF OPERATION 3. Typelsl of alcohol sold or to be sold under the license "X" ❑ Beer Only ❑ Wine and Beer Only Liquor, Wine, and Beer ( one): Extent of Restaurant Sale of food rimaril Full food menu; Tavern Cocltlafl'Loun O Adult Venue Ear Alcohol sales - ( A Y / g / / ( 4, food service: ( "X" ones primarily p y I {itchen run by chef} meets legal minimum food availability requirements) - 5 Type of ❑ Hotel El Live ❑ Disk ❑ Juke ❑ Patron Dancing ❑ Cabaret, Night Club, Discotheque ❑ Capacity for 600 establishment.: Music Jockey Box - (Small Scale) (Large Scale Dance Club) Or more patrons "X" all ❑ Club (e.g, Golf / Bed 8o Catering Karaoke Stage Topless Recreational Facility Fraternal Org.) ❑ Breakfast ® Facility Bar D Shows Entertainment ❑ Facility/ Vessel) that apply) (Sports 6 ' Licensed None ❑ Rooftop a Ptio Freestanding r Garden / Sidewalk Other - ❑ 0 ❑ ❑ outdoor area: or Deck Covered Structure Grounds . Cale (Specify): 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? [ "X" one : ❑ YES ❑ NO 8. License serial number: � 9. 10, The applicant's or license holder's full name, as it - appears or will appear an the license.: IL The trade name, if any, under which the establishment conducts or will conduct business: 12 The establishment is located within the building which has the following street address: 13. City, Town, or Village: 97 _ l i NY Zip Code' 112 14. The establishment is located on the following floors) of the building at the above address: J t)L Z 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: ' - 4 i / 17. Business fax number of applicant /licensee: ( 5 18. Business e-mail address of applicant /licensee: Does the applicant or license holder - It °YES", SKIP items No. 20 -23, If "NO ", ANSWER items No. 20 -23, 19. own the building in which the ❑ - Complete the 3 entries 171 and complete the 3 entries establishment is located? [ "X' one Yes at Item No. 24. NO l�'J at Item No. 24. OWNER OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT IS LOCATED 20. Building owner's full name is: C f� G E d VZ1 " _ 21. Building owner's street address; 10 ' 22. City, Town, or Village: A s �A Zip Code 23. Business telephone number of building owner: _ I am the applicant or hold the license or am a principal of the legal entity that holds Or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relied upon, and that false representations may result in disapproval of the application or revocation of the license. 24 By my signature, I affirm - under Penalty of Perjury - that the representations made in ' for- are tr Prin N ma L 2W T f Title Il✓� X ignalure Revised 10/12/11 T6 111 o 7 f4v eta { qtl4 J�" P 00 4" Mtn Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor /Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks - g Police- Kelly Gattuso Fire - Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services - Management Information Systems Administration, Finance & Urban Affairs - Human Resources - Civil Service Commission- RECEIVED AND FILED. May 1, 2012 4 2- t'N, SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 18, 2012 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT I: Unpaid Leave of Absence PRIOR COUNCIL REFERENCE: (1F ANY) : Item No. Ex. ( Item No xxx, C.C.P. xx/xx/xx) TEXT: TYPE SINGLE SPACE BELOW Police Officer Kelly Gattuso (SSN: xxx -xx -5419) assigned to Commissioner's Office/HQ has been granted a personal leave of absence without pay for the period of 31 days commencing April 12, 2012 through May 12, 2012. DD /prg TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: ---------------- �� DATE: I r x NAME: *SSN: )= — XX - / � * * LAST FOUR (4) DIGITS ONLY FLANK: UNIT: Vill EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ c� FAMILY MEDICAL ❑ MILITARY ❑ m m PERSONAL [ • THE FAMILY MEDICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HI-'* CognON (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFITA M ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (8d) DAYS OR A CONSECUTIVE ACCUMULATION OF. EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO; CAP SPRAY, BADGE, WREATH, & ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXNATION OF LEAVE: �g a s w ee yr 5 t c u 110 DATES OF LEAVE BEGINNING DATE: I � END DATE: 6 VI A V RETURN DATE: lZ A LENGTH OF LEAVE: EMPI, EE SIGNATURE APPROVED/ DENIED 1 PPRO AL Co Uf 1 U N U 03 m Amr.1 s 7�;K LICE COMMISSIONER E CC: ORIGINAL -ADMINISTRATION AND FINANCE (FILE) CIVIL SERVICE E EMPLOYEE M SSlON LABOR RELATIONS PAYROLL COMMANDING OFFICER F8 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS May 1, 2012 00 48 New York State Department of Environmental Conservation Division of Environmental Permits, Region 9 270 Michigan Avenue, Buffalo, New York 14203 -2915 Phone: (716) 851 -7165 Fax: (716) 851 -7168 Website: www.dec.n ov April 17, 2012 Ms. Rachel Chrostowski Erie County Department of Environment & Planning Edward A. Rath County Office Building 95 Franklin Street, 10` Floor Buffalo, New York 14202 Joe Martens Commissioner SEQR LEAD AGENCY DESIGNATION PARK IMPROVEMENTS AT USCG PROPERTY 1 FUHRMANN BOULEVARD CITY OF BUFFALO, ERIE COUNTY Dear Ms. Chrostowski: This is in response to your March 22, 2012 notice which requested State Environmental Quality Review Act (SEQR) Lead Agency status for the review of the leasing of U.S. Coast Guard property and related park improvements. We have reviewed the notice and enclosed inforination and provide the following comment: Please be advised that the Buffalo River is considered a navigable waterway. Consequently, any 'future disturbance to the immediate river bank and / or excavation or fill activities in the water will require a Protection of Waters Pennit pursuant to Article 15, Title 5 of the New York State Environmental Conservation Law. We concur that the Erie County Department of Environment and Planning should act as SEQR Lead Agency. If you have any questions, please feel free to contact k1r. Bruno DiBella at 716/851 -7165. Si ere David Denk Regional Permit Administrator ra BAD/KfUldg ' cc: Mr. Gerald Chwalinski, Buffalo Cit lerk ✓ RECEIVED AND FILE[ LVLf' A5 L�-YC--c f N ACX'TO 1Q, gfl? k1q MA RILYN GALLIVAN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �1 147 Marine Drive Apartment 11D Buffalo, New York 14202 -4211 April 10, 2012 To : Council Member Council Member Council Member Council Member Council Member Council Member Council Member Council Member Bonnie Russell, Chair /Civil Service Committee Richard Fontana Demone Smith Joseph Golombek Darius Pridgen Michael LoCurto David Rivera David Franczyk I have seen Dawn Sanders field very difficult questions, very knowledgably, during very detailed Control Board meetings, (most specifically, during the Budget process). I have seen Dawn, both in the BMHA Board Room and at "Might Out" gatherings, interact with residents who obviously admire and appreciate her; (I agree with Tenant Commissioner Diallo that "Miss Sanders is a woman of integrity, who is always willing to work with residents "). I have seen Dawn and Modesto, maintain their composure and their professionalism, when verbally insulted by that small group of Marine Drive residents intent upon creating a poor image of my home; (as reported in the Buffalo News, "residents interrupted and jeered the executives as they made their presentations and tried to answer questions "). In my opinion, Dawn and Modesto are worth every cent of any proposed raise - not only for the professionalism they bring to the work they do, but also for the wonderful role models they present to those they serve. I also would like to note, other than the infamous "small group ", residents with whom I've spoken do not have a problem with BMHA management of Marine Drive. copy Mr...Gerald Chwalinski Buffalo City Clerk Ms. Dawn Sanders, BMHA.E?ecutive Director Mr. Modesto Candelario,''�ssstant Executive Director Mr. Michael Seaman, BMHA Board A��6 *issioners .ti • ;", RECOVED AND FILED 00 JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65.NIAGARA SQUARE, 1502 City Hall BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5116 April 26, 2012 Gerald Chwalinski City Clerk Rm. 1308 City Hall Buffalo, NY 14202 Dear Gerald, common Counn't City of Buffalo RI C. NniZt�!;pAv c-, 0 /',? F t r- � LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT I ask that you file the attached email from Monica Pellegrino Faix for discussion at the May 1, 2012 Common Council meeting. I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116. Sincerely, Joseph Golombel Jr. North District Council Member JGltjv L4 ) Von Derem ptenji moth From: M. Pellegrino Faix [monica @richardson- olmsted.coml Sent: Wednesday, April 25, 2012 3:19 PM To: Councilmember Golombek Cc: Von Derem pten,Timothy; Beck,Edward V. Subject: Richardson - Olmsted Complex request to meet with Community Development Committee Councilman Golombek, I am writing to request a meeting to update the Community Development Committee on the redevelopment of the Richardson Olmsted Complex project, reuse of the former National Historic Landmark Buffalo State Asylum for the Insane. We are available for the next Committee meeting on Thursday, May 8 so long as that works for you. As you know, the Richardson Center Corporation has been working on planning and stabilization since 2006. The first phase of development will transform a portion of the Complex into a Buffalo Architecture Center, boutique hotel, and conference and event space. The anticipated completion of this Core Project development is 2014 -2015. With this strong reuse plan and secure funding we are prepared to move ahead in the near term. Doing so.will require the assistance of the City of Buffalo to release the existing reverter in order to obtain the necessary site control (the reverter was put in place in the 1871 deed to protect the City's interest when the property was transferred to the State for use as an asylum).. Best, Monica Monica Pellegrino Faix Project Coordinator Richardson Center Corporation clo The Buffalo News One News Plaza, P.O. Box 100 Buffalo, New York 14140 (716) 849 -6070 Phone monica@richardson-olmsted.com REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. S f "" "? t � 0 ; i ' - P,, Q 0 5 t BUFFALO FISCAL STABILITY AUTHORITY 617 Main Street Suite 400 k Buffalo, New York 1 4 2 03 Phone: 7 716.853.9052 www.bfsa.state.ny.us April 20, 2012 Honorable Gerald Chwalinski City Clerk of Buffalo 1302 City Hall Buffalo, NY 14202 bject: Buffalo Fiscal Stability Authority Annual Public Forum Dear Mr. Chwalinski: The Buffalo Fiscal Stability Authority will hold its annual Public Forum on the proposed budgets and four -year financial plans of the City of Buffalo, Buffalo School District, the Buffalo Municipal Housing Authority, the Buffalo Urban Renewal Agency, and the Buffalo Fiscal Stability Authority, on Monday, May 7, 2012, from 5:00 PM to 6:30 PM, at the Buffalo Market Arcade Complex, 617 Main Street, 1 Floor Conference Room, Buffalo, New York, 14203. Community feedback is important to the BFSA. Please post the attached flyer and distribute it to any individuals and organizations that you feel would be interested in participating. Also, please f� e attached flyer for the Common Council's information for their meeting scheduled for May 1, 2012. Speakers' comments will be recorded and summarized in a report to be submitted to the BFSA's Board of Directors prior to the Board taking action on the proposed budgets and four -year financial plans. The Board of Directors of the BFSA is hopeful that the citizens of the City, along with organizations and other interested parties will participate in this important opportunity for public comment. Thank you in advance for your assistance. Sincerely, Nathan D. Miller Financial Analyst/ Manager of Technology Enclosure Copies: Kevin M. Linder, Chief of Staff Todd C. McAlister, Deputy Chief of Staff RECEIVEDAND. FILED IZ5�'(,� CPA A ON THE: 2012 -13 Proposed Budgets and Four -Year Flnanclal Plans for the: City of Buffalo Buffalo School District Buffalo Municipal Housing Authority Buffalo Urban Renewal Agency Buffalo Fiscal Stability Authority The Public Forum provides an opportunity for interested parties to provide direct feedback to the BFSA Board of Directors on the proposed budgets and financial plans. Related documents and links to documents will . be made available at the BFSA's website: www_ :bfsa. state. ny.us Speakers will have 5 minutes to present their comments, which will be recorded and summarized, in_a report., .._. Comments may be submitted until 12 :00 midnight on Monday, May 7, 2012, by several other methods: • Submit written comments at the Forum, or by: • Email: info @bfsa.state.ny.us • Online: www.bfsa.state.ny.us DATE Monday, May 7, 2012 TIME: ` 5 PM 6 :30 PM PLACE: Market Arcade Building- 1 $t Floor Conference Room 617 Main St - Buffa.lo - Nh... AGENDA: 4:45 PM Doors open, registration to speak at the forum begins; registration concludes at 6:00 PM, 5:00 PM --5 :05 PM Introductions 5:05 PM — 6:30 PM Public comments period Budgets & Financial Plans are located at httr)://www.ci.buffalo.nv.us/ and at each Buffalo Branch Library by 5/2/12 QQ ell SEQR Negative Declaration Notice of Determination of No Significant Effect on the Environment ERIE CANAL HARBOR DEVELOPMENT CORPORATION A Subsidiary of the New York State Urban Development Corporation d /b /a Empire State Development Corporation ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements 225 Fuhrmann Boulevard and 175 Fuhrmann Boulevard Buffalo, Erie County, New York This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Erie Canal Harbor Development Corporation ( "ECHDC"), a subsidiary of the New York State Urban Development Corporation d /b /a Empire State Development Corporation ( "ESDC"), as lead agency, has determined that the ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements (the "Project" or the "Proposed Action ") described below will not have a significant adverse effect on the environment. ECHDC has classified the Proposed Action as a Type I Action under SEQRA. The proposed action has been classified as Type 1 Action under the implementing regulations for SEQRA. It involves the use of funds administered by ECHDC for installation of a one foot -thick soil cap and vegetative cover to protect human health and the environment from organic (PAHs and PCBs) and inorganic (metals) that have been detected in surface and near surface soil (fill) at the Site. The shoreline consists of some rock, broken concrete with exposed reinforcing bar and other construction debris. This material will be removed from the shoreline, and portions of the shoreline stabilized to allow for public access to Lake Erie. The action also includes access roads, parking areas and paved trails for use by the general public. Besides these features, an existing approximately 900 sq ft metal building will be improved to be used for storage and a small public comfort station. The contact person for this project is: Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry Street, Suite 500 Buffalo, NY 14202 Phone: (716) 846 -8200 RECEIVED FILED Fax: (716) 846 -8262 H,--) �pS Copies of the Negative Declaration and the Full Environmental Assessment Form (EAF) have been enclosed for your use and sent to: ■ City of Buffalo - Buffalo Dept. of Permits and Inspection Services - Buffalo Dept. Public Works, Parks, & Streets - Buffalo Strategic Planning Group - Buffalo Planning Board • Niagara Frontier Transportation Authority • New York State Historic Preservation Office • New York State Department of State • NYS Dept. of Environmental Conservation - Region 9 • New York Power Authority ■ New York State Urban Development Corporation, d /b /a Empire State Development Corporation • Hon. Charles Schumer, United States Senate • Hon. Kirsten Gillibrand, United States Senate • Hon. Brian Higgins, United States Congress • Hon. Timothy Kennedy, New York State Senate • Hon. Lynn Dixon, Erie County Legislator • City of Buffalo - Hon. Byron Brown, Mayor - Buffalo Common Council - City Environmental Management Commission • Erie County Department of Planning & Environment • Buffalo Niagara Riverkeeper 12 -12 -79 (3199) -9c State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non - Significance Project Number NIA Date: April 11, 2012 SEAR This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Erie Canal Harbor Development Corp. as lead agency, has determined that the proposed action described below will not have a significant adverse environmental impact and a Draft Impact Statement will not be prepared. Name of Action: ECHDC Buffalo Waterfront - Buffalo Outer Harbor Parcel OH Site Improvements SEQR Status: Type 1 ❑J Unlisted ❑ Conditioned Negative Declaration: ❑ Yes ❑✓ No Description of Action: See Attached Location: (Include street address and the name of the municipalitylcounty. A location map of appropriate scale is also recommended.) 175 Fuhrmann Boulevard and 225 Fuhrmann Boulevard, Buffalo, NY SEAR Negative Declaration Page 2 of 2 Reasons Supporting This Determination- (See 617.7(a) -(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration) See Attached If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Mark Smith Address: 95 Perry Street, Suite 500, Buffalo, NY 14203 Telephone Number: (716) 846 -8252 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town 1 City / Village of Buffalo, NY Other involved agencies (If any) Refer to the attached for involved agencies Applicant (if any) Environmental Notice Bulletin, 625 Broadway, Albany NY, 12233 -1750 (Type One Actions �J �6 The contact person for this project is: Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry Street Buffalo, NY 14202 Phone: 716- 846 -8200 Fax: 716 -846 -8262 A Full Environmental Assessment Form (EAF), Part 1, and a copy of this notice have been sent to: Potential Involved' Agencies: ■ City of Buffalo - Buffalo Dept. of Permits and Inspection Services - Buffalo Dept. Public Works, Parks, & Streets - Buffalo Strategic Planning Group - Buffalo Planning Board • Niagara Frontier Transportation Authority • New York State Historic Preservation Office • New York State Department of State • NYS Dept. of Environmental Conservation - Region 9 • New York Power Authority ■ New York State Urban Development Corporation, d /b /a Empire State Development Corporation Interested Agencies /Parties /Organizations (FOR INFORMATION PURPOSES ONLY - NEED NOT RESPOND): • Hon. Charles Schumer, United States Senate • Hon. Kirsten Gillibrand, United States Senate • Hon. Brian Higgins, United States Congress 3 An "Involved" Agency is a state, county, or municipal agency that has jurisdiction by law to fund, approve or directly undertake an action or project. If an agency will ultimately make-a discretionary decision to fund, approve or undertake an action (or portion thereof), then it is an Involved Agency. Under SEQRA, the designated "Lead Agency" must be an Involved Agency. 2 An "Interested" Agency, party, or organization is an agency or entity that while lacking any jurisdictional or discretionary authority to directly fund, approve or directly undertake an action or project (or portion thereof), wishes to participate in the review process because of its specific expertise or concern about the proposed action_ Interested 2 Agencies /Parties /Organizations (continued) (FOR INFORMATION PURPOSES ONLY - NEED NOT RESPOND): • Hon. Timothy Kennedy, New York State Senate • Hon. Lynn Dixon, Erie County Legislator • City of Buffalo - Hon. Byron Brown, Mayor - Buffalo Common Council - Hon. Michael Kearns, District Councilperson - City Environmental Management Commission • Erie County Department of Planning & Environment • Buffalo Niagara Riverkeeper 1 April 11, 2012 SEQR Negative Declaration Notice of Determination of No Significant Effect on the Environment ERIE CANAL HARBOR DEVELOPMENT CORPORATION A Subsidiary of the New York State Urban Development Corporation d /b /a Empire State Development Corporation ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements 225 Fuhrmann Boulevard and 175 Fuhrmann Boulevard Buffalo, Erie County, New York This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Canal Harbor Development Corporation ("ECHDC"), a subsidiary of the New York State Urban Development Corporation d /b /a Empire State Development Corporation ( "ESDC "), as lead agency, has determined that the ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements (the "Project" or the "Proposed Action ") described below will not have a significant adverse effect on the environment. ECHDC has classified the Proposed Action as an Type I Action under SEQRA. DESCRIPTION AND LOCATION OF ACTION: Background ECHDC is tasked with revitalizing and restoring economic growth to Buffalo's waterfront. In 2008, the agency acquired property at 225 Fuhrmann Boulevard formerly owned by the Cargill Company. Over the last two years, in conjunction with efforts to relocate the. storage location for the Lake Erie "ice boom" structure (i.e. used each winter to limit ice migration to downstream hydropower facilities), ECHDC is nearing completion of negotiations with the New York Power Authority ( "NYPA ") to transfer property at 175 Fuhrmann and consolidate it with the former Cargill property. Environmental site assessments undertaken at these properties indicate they exhibit elevated levels of organic and inorganic contaminants in surface soils and fill, but not with substances or at levels that would render the site to be classified as "hazardous" under state or federal regulations. SEQR Negative Declaration ECHDC buffalo Waterfront –} 4 Buffalo Outer Harbor Parcel OH Site Improvements Proposed Action The Proposed Action (i.e., the Project) would involve the following activities: • ECHDC acquisition of the NYPA -owned parcel at 175 Fuhrmann Boulevard and consolidating it with ECHDC -owned property at 225 Fuhrmann Boulevard; • Undertaking a remedy that is protective of human health and the environment consisting of instituting a one -foot thick soil cap in flat accessible upland areas of the site, removal of construction debris, rock, and reinforcing bar remnants along the shoreline and undertaking shoreline stabilization measures; and It Construction of a series of site improvements to facilitate passive recreational uses, including an access drive with limited parking, walking /bicycle trails, seasonal piers /docks, and landscape features. In addition, a metal building formerly used as a site office for Cargill would be retrofitted as a comfort station and storage building for the site. It should be noted that while the Proposed Action is limited to activities noted above, it is anticipated that these improvements are a near -term action to facilitate public access and enjoyment of the Project site now, with a vision to realize some form of development on the a portion of the site in the future. REASONS SUPPORTING THE DETERMINATION OF NO SIGNIFICANT IMPACT: ECHDC has reviewed the SEQRA Environmental Assessment Form (EAF) and Supporting Analyses and the criteria contained in Part 617.7(c) of the SEQRA Regulations in making this Determination. Summaries of the reasons supporting the determination of no significant effect are presented in the following sections. • Land Use. The Project would result in positive land use impacts associated with freeing up waterfront lands for public access and would represent a natural extension of open space and recreational access provided at the Times Beach Nature Preserve, as well as serve as a node of activity along the emerging network of waterfront trails stretching north from Gallagher Beach to the US Coast Guard Station. The Project would also be fully consistent with the policies of the City of Buffalo Comprehensive Plan and Zoning Ordinance zoning provisions. It would also represent the best principles of "smart growth" through its proposed reuse of Brownfield property in an urbanized area -- -fully served by utilities and transportation networks —and would contribute to a emerging pattern of recreational and mixed -use development and redevelopment along the waterfront. • Water Quality. The proposed shoreline improvements would provide protection in excess of that currently in place. These improvements will result in the probable reduction in shoreline erosion and eroded soil migration into Lake Erie. Improvements to the site will not impact groundwater or effect the migration of contaminants through the increase or reduction of 2 SEAR Negative Declaration�� ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements groundwater elevations or flow. furthermore, the project would not result in any significant short or long -term wetland impacts. Wetlands exist on the property to the north and a small portion of the buffer extends onto the Project site. impacts to the wetland boundary area have been avoided. • Air Quality. The Project would not result in any significant short or long -term air quality impacts. It would not involve the establishment of any new regulated stationary sources of air pollutants and air emissions from mobile sources would not result in any significant changes in concentrations of ground -level carbon monoxide during peak traffic periods. • Plant and Animal Resources. The land area of the Project site is a former industrial site that does not contain any significant plant or animal resources or habitat. However, the NYSDEC has provided information that the shallow embayment in thef northwest area of the NYPA parcel is an important Muskellunge spawning area in the outer harbor. The Project would not result in any significant long -term impacts to the Muskellunge fishery. In the short term during construction best practices will be used to avoid any significant impacts to fisheries resources. These best practices may include avoidance where possible, sedimentation /siltation control measures and proper scheduling of work outside the spawning season. • Agricultural Resources. The Project is a former industrial site that does not contain nor is adjacent to any agricultural resources. • Aesthetic Resources. The Project would result in positive visual impacts on the Project site and its surrounding area. Proposed improvements to site access, the addition of recreational facilities, and the enhancement of site landscaping features would all positively contribute to the character of the Project site and the waterfront environment in general. + Historic and Archaeological Resources. The Project would result in no significant impacts to historic and archaeological resources. Anticipated recreational /public access improvements would pose no threat to S /NRHP resources near the Project site, but rather may improve appreciation of these resources. In accordance with Section 14.09 of the New York State Historic Preservation Act, ECHDC is consulting with the New York State Office of Parks, Recreation, and Historic Preservation on its conclusions regarding the lack of such impacts. • Open Space and Recreation. The Project would not remove and /or impair any open space or recreational facility in the vicinity of the Project site, but rather, would represent a further expansion of waterfront access points along the Outer Harbor. • Critical Environmental Areas. The Project site contains no critical environmental areas. ® Transportation. The Project would result in no significant impacts to traffic operations in and around the Outer Harbor. Recently completed reconstruction of Fuhrmann Boulevard 91 SEAR Negative Declaration , ECHDC Buffalo Waterfront -4` Buffalo Outer Harbor Parcel OH Site Improvements as part of the Southtowns Connector /Buffalo Outer Harbor Project was projected to be fully capable of absorbing traffic generated in the area through 2030 under a future development scenario involving significant levels of new development along the Outer Harbor waterfront. • Energy. The Proposed Action would have no significant impacts to the use and management of energy resources. • Noise and Odor. The Project site does not now contain nor would not involve any major new sources of noise or odors, such as landfills, or selected agricultural or industrial facilities. • Public Health. The proposed project would address the existing conditions through a capping of the site using approved capping material. This cap would also include a geotextile fabric to provide a physical separation between the existing site material and the cap material. The cap would extend to the shoreline where stone would be used to protect the site from erosion and provide a barrier to contact by users of the shoreline. Currently anyone accessing the site has potential exposure pathways through dermal contact or ingestion of contaminated soil, as well as exposure through inhalation from wind dispersion of dust from the site. Installation of the capping material would restrict contact with the existing soils and eliminate dispersion of dust at the site. In addition, an existing 5,000 - gallon underground storage tank (UST) and associated piping, as well as piping associated with two former 1,000 - gallon USTs would be removed in accordance with Federal, state and local regulations. • Growth /Character of Community or Neighborhood. The Project would positively contribute to the growth and character of the neighborhood and the community as a whole, by rehabilitating and re- purposing a brownfield that currently detracts from the setting of the Buffalo Outer Harbor. • Secondary, Indirect, and /or Cumulative Effects of the Proposed Action. The Proposed Action may indirectly or cumulatively result in positive impacts related encouraging future mixed -use development along the Buffalo Outer Harbor waterfront. The Proposed Action however, does not specifically commit ECHDC, ESDC, the City of Buffalo, or any other agency to any future project in the vicinity of the Project site. Any subsequent development activities would be subject to SEQRA review. REASONS FURTHER SUPPORTING DETERMINATION OF NO SIGNIFICANT IMPACT: ECHDC finds that to the extent the near -term activities to facilitate public access and enjoyment of the Project site under the Proposed Action may be deemed to be "segmented" from efforts to realize more permanent future development there, that such segmentation is proper pursuant to 6 NYCRR Part 617.3(8) in consideration of the following relevant circumstances: 4 SEAR Negative Declaration ECHDC Buffalo Waterfront— 02� Buffalo Outer Harbor Parcel OH Site Improvements ■ Timing. The transfer of the NYPA parcel to ECHDC, consolidating it with the former Cargill parcel, and undertaking remedial activities on the site would allow for public access to the water's edge and recreational enjoyment of the site in the near term future. Implementing this action now would not in no way commit ECHDC, the City of Buffalo, or any other agency to any future development activity on the Project site. ■ Lack of Significant Impacts. The specific components of the Proposed Action (i.e., clean -up of the site and construction of public access improvements) would have no significant direct or indirect effects to social, economic, or environmental resources. Because any future development on the Project site would also be subject to SEQRA documentation and all associated public reviews /approvals, advancing the Proposed Action now before any future development is conceptualized, marketed and solicited would in no way affect the appearance or impression of information that would be reported in future SEQRA documentation (i.e., it would not make the separated actions appear to have "fewer" impacts); nor would it in any way be less protective of the environment. ■ Ownership. Once completed, it is reasonable that the ownership of any portions of the Project site containing the proposed recreation /access improvements could be separated from portions of the parcel potentially considered for future development. While these near term improvements may improve visibility and /or desirability of the site for future development, such future development is in no way contingent upon these improvements being completed. ■ Other Ongoing Public Reviews. Any future development on the Project site would largely be shaped by the BOA process, the process for the City's new Green Code (i.e., to permit uses other than general industry on the site), policies under the City's Draft LWRP, as well as City Comprehensive Plan policies. All of these policy documents have been and will continue to be subject to extensive public involvement efforts, including SEQRA documentation prior to adoption. In turn, any new development of the Project site in the future would be subject to public site plan review by the City. Thus, there would be ample opportunity for public review and comment if any future development on the Project site is considered. ■ Independent Utility. In consideration that the Project site is largely not in use, the specific components of the Proposed Action would have independent utility (i.e., would permit public enjoyment of the waterfront) from that of any possible future development on some portion of the Project site. While such uses may well be related and complementary, the ultimate success of the Proposed Action is in no way directly predicated upon such future development. SUMMARY: ECHDC has determined, based on the foregoing analysis, that approval of the proposed Buffalo Outer Harbor Parcel Civic Project: 5 SEAR (Negative Declaration ECHDC Buffalo Waterfront — �1 Buffalo Outer Harbor Parcel OH Site Improvements Would not result in a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; or a substantial increase in potential for erosion, flooding, leaching or drainage problems; • Would not result in the removal or destruction of large quantities of vegetation or fauna; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered specific of animal or plant; or other significant adverse impacts to natural resources; • Would not result in the creation of a material conflict with a community's current plans or goals as officially approved or adopted; • Would not result in the impairment of the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character; • Would not result in a major change in the use of either the quantity or type of energy; • Would not result in the creation of a hazard to human health; • Would not result in a substantial change in the use or intensity of use of land, open space or recreational resources, or in its capacity to support existing uses; • Would not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; • Would not result in the creation of a material demand for other actions that would result in one of the above consequences; • Would not result in changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; • Would not result in two or more related actions undertaken funded or approved by an .agency, none of which has or would have a significant impact on the environment; but when considered cumulatively would meet one or more of the criteria in this subdivision; and • To the extent the requested authorization may be considered to be "segmented" from marketing and /or soliciting remaining Mail space or its adjoining vacant parcel for future development, that such "segmentation" is permissible pursuant to 6 NYCRR Part 617.3(8) due to the relevant circumstances of the Proposed Action, specifically: (i) that it is not 0 SEQR Negative Declaration ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements possible to consider the environmental implications of such future activity in the absence of a proposal(s) for new development; (ii) that any such future development will be subject to review under SEQRA as well as any /all other applicable reviews /approvals; and (iii) that the review of the Proposed Action as described is no less protective of the environment than review together with, any speculation of potential future development. Based on the EAF and the Supporting Analyses, and consideration of the criteria for determining significance contained in Part 617.7(c) above, ECHDC has determined that the Proposed Action would not result in any significant adverse effects on the environment. 7 SEQR Negative Declaration ECHDC Buffalo Waterfront — Buffalo Outer Harbor Parcel OH Site Improvements FOR FURTHER INFORMATION: Contact Person: Mark Smith Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation Address: 95 Perry Street Buffalo, NY 14202 Phone No: (716) 284 -2556 a� Appendix Ask State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently -there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance; may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information. to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced, Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: I✓ Part 1 El Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have ,a significant impact on the environment, therefore a negative declaration will be prepared. E1 13. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Buffalo Waterfront - Buffalo Outer Harbor Parcel OH Site Improvements Name of Action Erie Canal Harbor Development Corporation Name of Lead Agency 1 Thomas Dee President, Erie Canal Harbor De elopm t C Print or Type Name of Responsible Officer in Lead Agency Title of esponsi le Of ' r 1 4 Signature of Responsible Officer in Lead Agency 5i atur of Pre arer (If differ nt rom responsible April 11, 2012 -ebsite Date DECEIVED AND FILED r Page 1 of 21 PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE_: This document is designed to assist in determining whether the action proposed may have a significant Affect on the:, environment. Please complete the entire form, Parts A through E. Answers to these questions.Will.be considered as:part of the application for approval and may be subject to further verification and public review. Provide any additional. information you believe. will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will , notinvolue new studies„ research or investigation. If information requiring such additional work is unavailable, so indicate and speci.fy,each instance. Dame of Action ECHDC Buffalo Waterfront - Buffalo Outer Harbor Parcel OH Site Improvements Location of Action (include Street Address, Municipality and County) 225 Fuhrmann Boulevard and 175 Fuhrmann Boulevard Buffalo, Erie County, New York Name of Applicant/Sponsor Erie County Harbor Development Corporation _ Address 95 Perry Street, 5th Floor City/ PO Buffalo State NY ,Zip,.Code 14203 -3030 Business Telephone 716 -546 -8200 Name of Owner (if different) Address city I PO State ; - - Z.ip Code Business Telephone Description of Action: The Site is reclaimed (man -made) land that extends from Fuhrmann Boulevard to the cast, Times reach to the north and into Lake Erie to the north, south, and west. The proposed action would provide a one -foot thick soil cap in the flat; - accessible upland areas to,protPct human health and the environment from organic (PAHs. and PCBs) and inorganic (metals) that have been detected in surface and near .: surface soil (fill) at the Site. The shoreline consists of some rock, broken concrete with expgsed.reinforcing bar and other construction. debris. This material will be removed from shoreline, and portions of the shoreline. will be stabilized to allow for public access to Lake. Erie. The action also includes access roads, parking areas and paved trails for use by the general public.. Besides these features an existing approximately 900 sq ft metal building will be improved to be used for storage and,a sznall.ublic comfort station: The Site consists of two properties. The former Cargill property is an approximate 7,37 acre vacant parcel along the outer harbor addressed at 225 Fuhnnann Boulevard in Buffalo, New York. Existing minor improvements inolude a metal garage. of 900 sq. ft. plus a truck weigh station. The property is approximately 1,200 lineal feet of deep water frontage on the Seaways Pier Inlet. The New York Power Authority (NYPA) property is approximately 14.94 acres of vacant land adjacent to the Gargill property and: is addressed at 175 Fuhrmann Boulevard. The Action is to combine the parcels (formes Cargill and NYPA), approximately 22 ,acres with approximately. 2,100 linear feet of shore line into one parcel and prepare the Site for public access. The current Site Location Map, Site Survey, and a rendering of the proposed action are found , attached as Figures 1, 2, and 3. Page 2 of 21 Please Complete Each Questibh N'6.A ifft6tapplicable A. SITE DESCRIPTION . 1 4 11 1 _.'et . ting both` T, ysi s of overall project, ot developed 'and Li as. 1. Present Land Use: LJ urban Industrial Commercial Residential (suburban) Rural (non-farm) Forest DAgricjulture 2. Total acreage of project area: acres. 9. Is site located over a primary, principal, or sole source aquifer? Yes No 10- Do.hunting-fishing.or shell fishing opportunities. pre5qntlyeXilst in the project area? EJYes 1E No Page 3 of 21 APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 11 acres 16 acres Forested 0 acres 0 acres Agricultural (includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 5 acres 0 acres Roads, buildings and other paved surfaces >1 acres 3 acres Oth6r'(Indicate type) - acres acres 3. What is predominant soil type(s) on project site? Urban land soil a. Soil drainage: OWell drained % of site Moderately well drained 100 % of site. El Poorly drained % of site - b 7 Ifany agricultural land is involved, hoW many acres of soil are classified within soil group 1 through 4 of the NYS Land Classifleafion System? 0.0 acres (seu: 1 NYCRR 370).. 4.' Are therLa bedrock outcroppings on project site? LJ Yes E N a. What is depth to bedrock <25 (in feet) Approximate percentage of proposed project site with slopes: 10 90% EJ10 % E -1 ow -15%. 10 15% or greater 6, Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? El Yes 1E No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes EJNo a. What is the depth of the water table? 10 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Yes No 10- Do.hunting-fishing.or shell fishing opportunities. pre5qntlyeXilst in the project area? EJYes 1E No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes. ®w No According to: each 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? 0 Yes El No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes FINo If es, explain: 14. Does the present site include scenic views known to be important to the community? Yes No Project site provides views of Lake Erie 15. Streams within or contiguous to project area: None. a. Name of Stream and name of River to which it is tributa 16. Lakes, ponds, wetland areas within or contiguous to project area: Lake Erie (Buffalo Outer Harbor) adjacent to the Site to the north, south, and west. b. Size (in acres): 1 ,910 sq. miles or 6,342,400 acres Page 4 of 21 17. Is the site served by existing public utilities? Yes No a. If YES, does sufficient capacity exist to allow connection? Yes No b. If YES, will improvements be necessary to allow connection? Yes No 18. is the site located in gricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 3Q3 and eYes 304? no No 19. is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Yes F. No 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 22 acres. b. Project acreage to be developed: 16 acres initially; 16 acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off - street parking spaces existing 0 ; proposed 14 g. Maximum vehicular trips generated per hour: 5 (upon completion of project)? h. If residential: Number and type of housing units: Initially Ultimately One Family Two Family Multiple Family Condominium i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? —500 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons /cubic yards, 3. Will disturbed areas be reclaimed 0Yes 11 No N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes No c. Will upper subsoil be stockpiled for reclamation? Yes R No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 10 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally- important vegetation be removed by this project? Yes No 6. If single phase project: Anticipated period of construction: 12 months, (including demolition) 7. If multi- phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? Yes No 8. Will blasting occur during construction? Yes El No 9. Number of jobs generated: during construction 25 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? 0 Yes No If yes, explain: 12. Is surface liquid waste disposal involved? El Yes No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Yes F1 No Type 14. Will surface area of an existing water body increase or decrease by proposal? Yes EI No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? E]Yes ®No 16. Will the project generate solid waste? M7 Yes M No a. If yes, what is the amount per month? tons b. if yes, will an existing solid waste facility be used? 11 Yes F 7— No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes E] No Page 6of21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? OYes MNO a. If yes, what is the anticipated rate of disposal? tons /month. b. If yes, what is the anticipated site life? - years. 18. Will project use herbicides or pesticides? OYes El No 19. Will project routinely produce odors (more than one hour per day)? Yes R No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes H1 No 21. Will project result in an increase in energy use? Yes No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons /minute. 23. Total anticipated water usage per day _ Q gallons /day. 24. Does project involve Local, State or Federal funding? E Yes No If yes, explain: To be supplied by client. Page 7 of 21 25. Approvals Required: Type Submittal Date ✓ Common Council Approval TBD City, Town, Village Board ®� Yes No Building Code Review TBD Site Plan. Approval TBD City, Town, Village Planning Board Yes No City, Town Zoning Board Yes No City, County Health Department M Yes D No Other Local Agencies Yes No Other Regional Agencies El Yes No State M Yes No NYS DEC Section 401/404 TBD Agencies NYSDOS Coastal Zone TBD Pub. Author. Control Board TBD Eyes USACE Section 401/4Q4 TBD Federal Agencies No USACE Section 10 TBD C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? Yes No If Yes, indicate decision required. Zoning amendment El Zoning variance New /revision of master plan Subdivision M Site plan Ej Special use permit EIResource management plan ®.. Other Page 8 of 21 2. What is the zoning classification (s) of the site? General Industrial (M -2) 3. What is the maximum potential development of the site if developed as permitted by the present zoni Unlimited Industrial (i.e. controlled only by yard requirements) 4. What is the proposed zoninq of the site? - Proposed use is permitted in M -2 District 5. What is the maximum potential development of the site it deveioped as permitted oy the proposea zoning( B. Is the proposed action consistent with the recommended uses in adopted local land use plans? El Yes No E Consistentwith Comprehensive Plan and Draft Local Waterfront Revitalization Program 7. What are the predominant land use(s) and zoning classifications within a A mile radius of proposed action? Generally includes light industrial, vacant, recreational, and public service. 8. Is the proposed action compatible with aajoining(surrounaing iana uses wren a r4 mue( Yes No 9. If the proposed action is the subdivision of land, how many lots are proposed? NIA a. What is the minimum lot size proposed? NIA Page 9 of 21 t ),� I 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes No .f 11. Will the proposed action create a demand for any community provided services (recreation, education, police, tire protections Yes R No a. If yes, is existing capacity sufficient to handle projected demand? Yes O.No 1 A 12. Will the proposed action result in the generation of traffic significantly above present levels? 1:1 Yes No . a. If yes, is the existing road network adequate to handle the additional traffic, Yes No D. Informational details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Mark Smith Date 4/11/2012 Signature L Title Director of Construction, Erie Canal Harbor Development Corp. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE ` Responsibility of Lead Agehcy General Information (Read Carefully) ! In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. i The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific projector site other examples and/or lower thresholds maybe appropriate for a Potential large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. i The number of examples per question does not indicate the importance of each question. ? In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PANT 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impactwill occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column .2 simply asks that it be looked atfurther. e. If reviewer has doubt about size of the impact then considerthe impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small . to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction Is not possible. This must be explained in Part 3. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? N YES E] Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot ri E D Yes No rise per 100 foot of length), or where the general slopes in the project area exceed 10 %. • Construction on land where the depth to the water table ® EJ Yes No is less than 3 feet. • Construction of paved parking area for 1,000 or more El O Yes ONo vehicles. • Construction on land where bedrock is exposed or El Dyes No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or D Yes []No involve more than one phase or stage. • Excavation for mining purposes that would remove 0 Yes No more than 1,000 tons of natural material (i.e., rock or soil) per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact impact Project Change • Construction or expansion of a santary.landfill. Construction in a designated floodway. . Ofhar imnantc- E P�ositiveland use impact resulting from enhanced public access and recreational improvements. 2. Will there bean effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) MNO 1-7 YES • Snerifir, land fnrms- Yes E]Nc Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) F] NO ® YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • rlfhor imnacfa- 11 Yes No 11 0 Yes No El El Yes ONo E P�ositiveland use impact resulting from enhanced public access and recreational improvements. 2. Will there bean effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) MNO 1-7 YES • Snerifir, land fnrms- Yes E]Nc Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) F] NO ® YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • rlfhor imnacfa- 11 Yes R, No El riYes n No E Yes No 11 E] Yes No El F7 OYes 11 No 4. Will Proposed Action affect any non - protected existing or new body of water? E] NO YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • rlthar imnnn+w Action may require repair /stabilization of bluff face (slopes) and shoreline from the lake to the flat upland surface along with construction of the fishing pier and kayak dock. Page 12 of 21 Yes No D Yes No E El Yes 11 No Action may require repair /stabilization of bluff face (slopes) and shoreline from the lake to the flat upland surface along with construction of the fishing pier and kayak dock. Page 12 of 21 Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ENO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. U Yes LJ No • Proposed Action requires use of a source of water that does not 11 Yes LJ No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater U Yes No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water Yes M No supply system. • Proposed Action will adversely affect groundwater. DYes 11 No • Liquid effluent will be conveyed off the site to facilities which El 11 Yes 11 No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons E Yes No per day. • Proposed Action will likely cause siltation or other discharge into Yes No an existing body of water to the extent that there will bean obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or Yes No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without 11 Li Yes 11 No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses i El Yes 11 No which may requ ire new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 11 El Yes No Page 13 of 21 1 2 Small to Potential 3 Can Impact B Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? NO YES Examples that would apply to column 2 • Proposed Action would change flood water flows • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. nfhar imnarfc- 0 El Eyes No The Action will have a positive impact to site drainage by improving site drainage to the lake and by mitigating contaminated surface soils with a protective cap. IMPACT ON AIR Yes No ® 7. Will Proposed Action affect air quality? ®' Yes No El El Eyes No El El 13yes 0No 0 El Eyes No The Action will have a positive impact to site drainage by improving site drainage to the lake and by mitigating contaminated surface soils with a protective cap. IMPACT ON AIR 7. Will Proposed Action affect air quality? NO YES Examples thatwould apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any El Dyes No given hour. • Proposed Action will result in the incineration of more than 1 ton 1:1 Yes ENo of refuse per hour." • Emission rate of total contaminants will exceed 5 lbs. per hour E MYes ONo or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land E E]Yes No committed to industrial use. • Proposed Action will allow an increase in the density of El 0 Yes No industrial development within existing industrial areas. • Other impacts: T7 Yes No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? E] NO YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. El 1-7 Yes No Page 14 of 21 • Removal of any portion of a critical or significant wildlife habitat • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. n1hor imnnry +z- ' 9. Will Proposed Action substantially affect non - threatened or non - 90 1 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 1 Yes No 0 11 Yes No ® Yes No 9. Will Proposed Action substantially affect non - threatened or non - Yes No D Yes endangered species? No E N O YES F77 No Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ® Yes No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of Yes 1:1No mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: Yes No IMPACT ON AGRICULTURAL LANG RESOURCES 10. Will Proposed Action affect agricultural land resources? E] NO [:] YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of agricultural land. • The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 Yes No D Yes No E Yes F77 No Page 15 of 21 IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use 1 2 9 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of. []Yes Yes No agricultural land management systems (e.g., subsurface drain El lines, outlet ditches, strip cropping); or create a need for such patterns, whether man -made or natural. measures (e.g. cause a farm field to drain poorly due to No • Proposed land uses, or project components visible to users of El increased runoff). OYes No aesthetic resources which will eliminate or significantly reduce • Other impacts: E] Yes No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 697.20, Appendix B.) 11 NO Ei , YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different []Yes 1:1 No from or in sharp contrast to current surrounding land use El 0 patterns, whether man -made or natural. Yes No • Proposed land uses, or project components visible to users of El OYes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. 11 D Yes 0No • Project components that will result in the elimination or []Yes r] No significant screening of scenic views known to be important to Dyes r7l No the area. • O ther impacts: �i 0 Yes D No 'roposed Action would provide vegetative cover to currently undeveloped fill areas covered by intrusive vegetation and )pen views /enjoyment of the waterfront. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? NO YES Examples that would apply to column 2 El 0 • Proposed Action occurring wholly or partially within or Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within 11 D Yes 0No the project site. • Proposed Action will occur in an area designated as sensitive Dyes r7l No for archaeological sites on the NYS Site Inventory. Page 16 of 21 • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? n NO a YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community r)thar imnnr #a• 11 r-1 c' E]No El �t 1 2 3 . Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Yes F Yes DNo IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? n NO a YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community r)thar imnnr #a• 11 r-1 Yes E]No El D Yes DNo M El Yes 11 No 'he proposed Action will increase the amount of land by 22 acres to public use and recreation. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [E NO DYES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? r-1 E]Yes No • Proposed Action will result in a reduction in the quantity of the 17 0 r7 Yes 0No resource? • Proposed Action will result in a reduction in the quality of the 1:1 _ Yes F resource? • Proposed Action will impact the use, function or enjoyment of the U El Yes 177 No resource? • Other impacts: 11 ❑Yes No Page 17 of 21 NOISE AND ODOR IMPACT 1 2 3 17. Will there be objectionable odors, noise, or vibration as a result of Small to Potential Can Impact Be the Proposed Action? Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive 15, Will there be an effect to existing transportation systems? No facility. :. NO YES • Odors will occur routinely (more than one hour per day). D Examples that would apply to column 2 No • Proposed Action will produce operating noise exceeding the Yes El No • Alteration of present patterns of movement of people and/or No local ambient noise levels for noise outside of structures. goods. • Proposed Action will remove natural barriers that would act as a D • Proposed Action will result in major traffic problems. [I No El Yes No • Other impacts: Yes El No • Other impacts: F1 No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? NO []YES Examples that would apply to column 2 UYes D No • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an Yes No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: 11 Yes M No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? E] NO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive DYes No facility. • Odors will occur routinely (more than one hour per day). D D Yes No • Proposed Action will produce operating noise exceeding the D Yes No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a D DYes [I No noise screen. • Other impacts: 0 13 Yes F1 No Page 18 of 21 1 2 3 7 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? NO E1 YES • Proposed Action may cause a risk of explosion or release of . hazardous substances (i.e. ail, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. nthar imnnnfc- Yes No El El Yes ONo El 11 Yes 0No IF 11 FlYes No E El EYes 0 Nc The project will have a positive impact on public health by removing the potential contact hazards posed by surface soils at the Site. IMPACT ON GROWTH AND CHARACTE=R OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? NO F1 YES Examples that would apply to column 2 • The the town in E]Yes permanent population of city, or village which the .. UNo project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating El ElYes. No services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or 0 ElYes ONo goals. • Proposed Action will cause a change in the density of land use. Yes No • Proposed Action will replace oreliminate existing facilities, r7Yss No structures or areas of historic importance to the community. • Developmentwill create a demand for additional community El Yes No services (e.g. schools, police and fire, etc.) Page 19 of 21 • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. fl4hcr imnerle- 1 2 3 �`� Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change El Yes No 17 171 Yes No 'l El Yes No roposed action will result in enhancements to community recreational resources and waterfront access that will improve ie setting for future redevelopment. 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO E]YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 4 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 - . i NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Coastal Assessment Form A. INSTRUCTIONS (Please print or type all answers) 1. State agencies shall complete this CAF for proposed actions which are subject to Part 600 of Title 19 of the NYCRR. This assessment is intended to supplement other information used by a state agency in making a detemvnation of significance pursuant to the State Environmental Quality Review Act (see 6 NYCRR, Part 617). If it is determined that a proposed action will not have a significant effect on the environment, this assessment is intended to assist a state agency in complying with . the certification requirements of 19 NYCRR Section 600.4. 2. If any question in Section C on this form is answered "yes ", then the proposed action may affect the achievement of the coastal policies contained in Article 42 of the Executive Law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to either (a) making a certification of consistency pursuant to I9 NYCRR fart 600 or, (b) making the findings required under SEAR, 6 NYCRR, Section 617.11, if the action is one for which an environmental impact statement is being prepared. If an action cannot be certified as consistent with the coastal policies, it shall not be undertaken 3. Before answering the questions in Section C, the preparer of this form should review the coastal policies contained in 19 NYCRR Section 600.5. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. B. DESCRIPTION OF PROPOSED ACTION 1. Type of state agency action (check appropriate response): (a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction) X (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, license, certification 2. Describe nature and extent of action: Shoreline Stabilization and repair of broken Concrete along the norther portion of the site,construction of a boat dock and achieving a stable and aesthetically pleasing shoreline. 3. Location of action: Erie Buffalo 255 and 175 Fuhrmann B lvd County City, Town or Village Street or Site Description 4. If an application for the proposed action has been filed with the state agency, the following information shall be provided: (a) Name of applicant: Erie County Harbor Development Corporation (b) Mailingaddress: 95 Perry Street, 5th Floor, Buff alo, New York, 14203 -3030 (c) Telephone Number: Area Code ( 716) 8 4 6 - 8 2 0 0 (d) State agency application number: 5. Will the action be directly undertaken, require funding, or approval by a federal agency? Yes X No If yes, which federal agency? United States Armor Corps of Engineers C. COASTAL ASSESSMENT (Check either "YES" or "NO" for each of the following questions) YES NO 1. Will the proposed activity be located in, or contiguous to, or have a significant effect upon any of the resource areas identified on the coastal area map: (a) Significant fish or wildlife habitats? ............................ ............................... _ X (b) Scenic resources of statewide significance? ......... . ......... . ...................... . ........... _ X (c) Important agricultural lands? ................. .............. ............................... _ X 2. Will the proposed activity have a significant effect upon: (a) Commercial or recreational use offish and wildlife resources? ........ ............................... _ X (b) Scenic quality of the coastal environment? .................... . ......... . ........................ _ ? (c) Development of future, or existing water dependent uses? .. . ......... ............................... _ X (d) Operation of the State's major ports? ............................. ............................... x (e) Land and water uses within the State's small harbors? ........................ . ...............,...... _ X (f) Existing or potential public recreation opportunities? ......... . ....... ............................... _ X (g) Structures, sites or districts of historic, archeological or cultural significance to the State or nation? _ X me 3. Will the proposed activity involve or result in any of the following: (a) Physical alteration of two (2) acres or more of land along the shoreline, land under water or coastal waters? .... X (b) Physical alteration of five (5) acres or more of land located elsewhere in the coastal area? .................. X (c) Expansion of existing public services of infrastructure in undeveloped or low density areas of the coastal area? ......... X (d) Energy facility not subject to Article VII or VIII of the Public Service Law? .......... .................. _ X (e) Mining, excavation, filling or dredging in coastal waters? ... _ . ........................... _ X (f) Reduction of existing or potential public access to or along the shore? .... ............................... X (g) Sale or change in use of state -owned lands located on the shoreline or under water? T (h) Development within a designated flood or erosion hazard area? ....... ............................... X _ (i) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? .......................................... ............................... X 4. Will the proposed action be located in or have a si iftcant effect upon an area included in an approved Local Waterfront Revitalization Program? .... ............................... . ...................... X D. SUBMISSION REQUIREMENTS If any question in Section C is answered "Yes ", AM either of the following two conditions is met; Section B. 1(a) or B.1 (b) is checked; or Section B.1(c) is checked AND 13.5 is answered "Yes ", THEN a copy of this completed Coastal Assessment Form shall be submitted to: New York State Department of State Office of Coastal, Local Government and Community Sustainability One Commerce Plaza 99 Washington Avenue, Suite I010 Albany, New York 12231 -0001 If assistance or further information is needed to complete this form, please call the Department of State at (518) 474 -6000. E. REMARKS OR ADDITIONAL INFORMATION Lakeside Improvements ECHDA Outer Harbor The Site is reclaimed (man -made) land that extends €rom Fuhrmann Boulevard to the east, Times Beachto the north and into Lake Erie to the north, south, and west. The proposed action would provide a one -foot thick soil cap in the flat, accessible upland. areas to protect human health and the environment from organic (PAHs. and PCBs) and inorganic (metals) that have been detected in surface and near surface soil (fill) at the Site. The shoreline consists of some rock, broken concrete with exposed reinforcing bar and other construction debris. This material will be removed from shoreline, and the shoreline will be stabilized to allow for public access to Lake Erie. The action also includes access roads, parking areas and paved trails for use by the general public. Besides these features, an existing approximately 900 sq ft metal building will be improved to be used for storage. and a small public _omfort station The Site consists of two properties. The former Cargill property is an approximate 7.37 acre vacant parcel along the outer harbor addressed at 225 Fuhrmann Boulevard in Buffalo, New York. Existing minor Improvements include a metal garage of 900 sq. ft. plus a truck weigh station. The property is approximately 3,200 lineal feet of deep water frontage on the Seaways. Pier Inlet. The New York Power Authority (NYPA) property is approximately 14.94 acres of vacant land adjacent to the Cargill property and is addressed at 375 Fuhrmann Boulevard. The Action is to combine the parcels (former Cargill and NYPA), approximately 22 acres, with approximately 2,100 linear feet of shore line into one parcel and prepare the Site for public access. current Site Location Map, Site Survey and a rendering of the proposed action are found attached as Figures 1, 2 and 3. Preparer's Name: IY l Gw yG C, �} t' (lase print) P Title: ) {�P iQ L � `r A y1 fL �� - Agency: L( eo �- K Telephone Number; { (p) f L` r L`' Z - G ` 4 -7 Date: € t Z- CAI= revised IINS -2- ^ ADDENDUM TO SECTION D. 0F SEQRA EAF, PART I _ INFORMATIONAL DETAILS OF THE PROJECT ` 'Contents. I. .Proect Description ............... .............. ........................................ 2 ' ll Background ............. ----~—..--~..---.....—.--..---------.2 1.1.1 ����Location '^ ---...,.......-------------------....-2 1.1.2 Project Evolution ............................................................................................... 3 1.2 Proposed Action ......................................................................................................... 4 2.3 Limits mf the Proposed Action ..................................................................................... 4 2. Environmental Considerations ...................................... ..................................................... 5 2.1 Land Use and Zoning ----.— .............................................................................. 2.1.1 Existing Conditions ........................................................................................... S � 2.1.2 Impacts uf the Proposed Action ...................................................................... 6 Z-2 Water Quality ................................ 7 2-2'1 Existing Conditions ........................................................................................... 7 2;2.2 Anticipated knpact..-----.-'-----------.--..^—_---7 2 -3 Air Quality .................................................................................................................. 8 2L3L1 Existing Conditions ........................................................................................... ' 8 3-3.3 Impacts of the Proposed Action .-----...-.--.-----.------...8 2/4 Plants and Animals ............................. ...................................................................... 8 2.4.1 Exbtn�Cund�iono.----------.--...—^.-----.�—.---....8 2.4.2 |r�p ofthe � AC'tion... .............................................. .... ....... ........ 9 2'5 Agricultural Resources .............................................................................................. g 2]6 Aesthetic Resources .................................................................................................. 9 _ 2.6.1 Existing Conditions ............................................................................................ 9 2.6.2 Anticipated Impacts ............................................................ ............................. 9 2-7 Historic and Archaeological Rnurces---.......--.-------~—.__--g ' 2.7.1 Existing Conditions ........................................................................................... g 2'7.2 - Anticipated Impacts ......................................................................................... 10 2. Open Space and Recreation .................................................................................... lO 3-8.1 Existing Conditions ......................................................................................... 1O 2 -8`2 Anticipated Impacts ....................................................................................... 1O 2.9 Critical Environmental Areas ................................................................................... 11 3.10 Transportation ............................................................................. ........................... 11 2.10.1 Existing Conditions ...... .11 2-10.3 Anticipated Traffic Impacts —.—'-----------------.—..,...l1 2.11 Energy . ..................................................................................................................... 11 2.12 Noise and Odor . ....................................................................................................... 11 3.13 Public Health ----_--------------------------....-l2 2.13.1 Oond�k»ns----------....--'---.---...----..12 2-13.3 Anticipated Impacts ..... ................................................................................. 12 2'14 Gruxxth/Characteruf Community nr Neighborhood ------------^.^.--13 2.25 Secondary, Indirect, and Cumulative Effects of the Proposed Action .................... 13 3. References and Souroey. ............................. ..... ........................................................... I3 ? 1. PROJECT DESCRIPTION The Erie Canal Harbor Development Corporation (ECHDC), a subsidiary of the New York. State Urban Development Corporation d /b /a Empire State Development Corporation, is proposing to make public investments to improve a brownfield site on the Lake Erie waterfront in the City of Buffalo. This would involve remedial activities to consolidate /cap contaminants found on the property and undertaking access /site improvements to allow for passive recreational use of the site pending any potential development there in the future. 1.1 Background 1.1.1 Project Location The Project site is located on approximately 16 acres of land (22 acres in total property within the property lines, including portions of Lake Erie) bounded by (see Figures 1 and 2): • The Times Beach Nature Preserve on the north; • Fuhrmann Boulevard on the east; • The Seaway Piers on the south; and • Lake Erie on the west. The Project site is composed of two parcels; the first is a 7.37 -acre former Cargill property at 225 Fuhrmann Boulevard (Section, Block, and Lot [SBL] No. 121.12 -1 -1). The second is a 14.94 -acre property at 175 Fuhrmann Boulevard (SBL No. 121.08- 1 -3.1) to be acquired by ECHDC from the New York Power Authority (NYPA). NYPA. has used this parcel for several decades as the storage location for the ice boom installed each winter across Lake Erie and Niagara River to limit downstream ice migration to NYPA's water intakes for its hydropower generation facilities in Niagara County. The Project site is located in the Buffalo "Outer Harbor" section of the City's waterfront, referring to the properties along the Lake Erie shoreline within a protected harbor formed by an outer breakwall built in the 1920s (contrasting with the "Inner Harbor" that encompasses lands along the Buffalo River). Historically, the Outer Harbor provided deep water port facilities and associated landside transportation and industrial uses. Over the last four decades as the local economy restructured away from predominance on heavy manufacturing, this pattern of use has been progressively evolving to one relying more on proximity /access to the water for recreational uses and enhancement of less intensive waterfront uses (office, food and beverage, residential, etc.). Section D Addendum -2 1.1.2 Project Evolution t ECHDC is tasked with revitalizing and restoring economic growth to Buffalo's waterfront. In 2008, the agency acquired the former Cargill property when it became available for sale as an early action item in anticipation of ongoing discussions with both NYPA and the Niagara Frontier Transportation Authority (NFTA) to transfer land that each agency held adjacent to the Cargill property. Over the last two years, in conjunction with efforts to relocate the storage location for the ice boom, ECHDC has worked towards transfer of this property. Negotiations with NYPA to transfer the property at 175 Fuhrmann to ECHDC are nearing completion. The NYPA property will then be consolidated with the Cargill property. Given that both properties were entirely formed through landfilling activities in the early 20 century and were at various points in their history used for industrial and /or port - related activities, ECHDC commissioned Phase 1 /11 Environmental Site Assessments in 2008 and 2011 to fully ascertain possible contamination on the Project site.. These studies indicated that the site exhibited elevated levels of organic and inorganic contaminants in surface soils and fill, but did not indicate substances or levels that would render the site to be classified as "hazardous" under state or federal regulations. As part of its efforts to facilitate waterfront revitalization, ECHDC formed a series of Work Groups for various geographic areas (e.g., Buffalo River, Outer Harbor, etc.) and special topic areas (e.g., cultural arts) to evaluate and propose action items that would provide for immediate or near -term public benefits, while .progressively /collectively positioning such waterfront areas for longer -term development. The Outer Harbor Work Group, consisting of approximately 20 -25 stakeholders chaired by ECHDC Board member David Colligan, has focused upon the opportunities presented at the Project site for new recreational access to the waterfront, with a long -term goal to realize future development in this location. The Work Group has consulted over the last 12 months with staff and consultants to identify actions necessary to remediate contaminants on the site, and in doing so, free up areas for increased recreational access to Lake Erie. The Outer Harbor Work Group is also participating in the ongoing planning and public involvement processes being conducted by the City of Buffalo for the Buffalo Harbor Brownfield Opportunity Area (BOA), encompassing an area of over 1,000 acres along the City's waterfront, of which the Project site is.a part. The City's BOA policies will be closely aligned with objectives of the. Buffalo Comprehensive Plan and Draft Local Waterfront Revitalization Plan (LWRP) (i.e,, the City's Coastal polices) and coordinated with the upcoming formulation of new land development regulations (i.e., the "Buffalo Green Code ") to identify a logical land use plan for the area and regulations to permit such redevelopment, as well as strategic investment sites. It is anticipated that the Project site will be among areas considered for new development under the City's BOA process. In fact, the public access improvements proposed now are expected to facilitate development on the site at some point in the future, although this access would remain in place with or without such future Section D Addendum -3 development. However, there are no specific plans for development on the Project site ��'L€ now other than recreational improvements identified herein. 1.2 Proposed Action The Proposed Action (i.e., the Project) would involve the following activities: • ECHDC acquisition of the NYPA -owned parcel at 175 Fuhrmann Boulevard and consolidating it with ECHDC -owned property at 225 Fuhrmann Boulevard; • Undertaking a remedy that is protective of human health and the environment consisting of instituting a one -foot thick soil cap in flat"accessible upland areas of the site, removal of construction debris, rock, and reinforcing bar remnants along the shoreline and undertaking shoreline stabilization measures; and • Construction of a series of site improvements (see Figure 3) to facilitate passive recreational uses, including an access drive with limited parking, walking /bicycle trails, seasonal piers /docks, and landscape features. In addition, a metal building formerly used as a site office for Cargill would be retrofitted as a comfort station and storage building for the site. 1.3 Limits of the Proposed Action It should be noted that while the Proposed Action is limited to activities noted above, it is anticipated that these improvements are a near -term action to facilitate public access and enjoyment of the Project site now, with a vision to realize some form of development on the a portion of the site in the future. However, any future development on the Project site would require formal action by the ECHDC Board, as well as completion of all necessary discretionary approvals (e.g., site plan approval by the City), inclusive of subsequent documentation and review in accordance with the New York State Environmental. Quality Review Act ( "SEQRA"). It is fully reasonable to assess the impacts of the Proposed Action as defined above separate from any possible future development in consideration of the following: • Timing. The transfer of the NYPA parcel to ECHDC, consolidating it with the former Cargill parcel, and undertaking remedial activities on the site would allow for public access to the water's edge and recreational enjoyment of the site in the near term future. Implementing this action now would in no way commit ECHDC, the City of Buffalo, or any other agency to any future development activity on the Project site. • Lack of Significant Impacts. The specific components of the Proposed Action (i.e., clean -up of the site and construction of public access improvements) would have no significant direct or indirect effects to social, economic, or, environmental resources. Because any future development on the Project site would also be subject to SEQRA documentation and all associated public reviews /approvals, advancing the Proposed Action now before any future development is conceptualized, marketed and solicited would in no way affect the appearance or impression of information that Section D Addendum -4 would be reported in future SEQRA documentation (i.e., it would not make the separated actions appear to have "fewer" impacts); nor would it in any way be less protective of the environment. • Ownership. Once completed, it is reasonable that the ownership of any portions of the Project site containing the proposed recreation /access improvements could be separated from portions of the parcel potentially considered for future development. While these near term improvements may improve visibility and /or desirability of the site for future development, such future development is in no way contingent upon these improvements being completed, • Other Ongoing Public Reviews. Any future on the Project site would largely be shaped by the BOA process, the process for the City's new Green Code (i.e., to permit uses other than general industry on the site), policies under the City's Draft LWRP, as well as City Comprehensive Plan policies. All of these policy documents have been and will continue to be subject to extensive public involvement efforts, including SEQRA documentation prior to adoption. In turn, any new development of the Project site in the future would be subject to public site plan review by the City. Thus, there would be ample opportunity for public review and comment if any future development on the Project site is considered. • Independent Utility. In consideration that the Project site is largely not in use, the specific components of the Proposed Action would have independent utility (i.e., would permit public enjoyment of the waterfront) from that of any possible future development on some portion of the Project site. While such uses may well be related and complementary, the ultimate success of the Proposed Action is in no way directly predicated upon such future development. 2. ENVIRONMENTAL CONSIDERATIONS The following sections outline various environmental considerations in accordance.with SEQRA. These sections are organized according to the sections listed in Part 2 of the SEQRA Full Environmental Assessment Form. 2.1 Land Use and Zoning 2.1.1 Existing Conditions The Project site is situated on 16 acres of filled land on Fuhrmann Boulevard, comprised of two tax parcels in the City of Buffalo. The southernmost parcel, formerly owned by. Carglll was most recently used (1968 -2000) for bulk storage of road salt and was historically used for a variety of industrial purposes, most notably as a shipbuilding yard. The northernmost parcel has been used since 1964 as the storage location of the Lake Erie — Niagara River ice boom. The Project site is largely undeveloped with the exception of a 900- square -foot building near the Fuhrmann Boulevard frontage that was used for storage and a weigh station when the site was used for bulk storage. Section D Addendum -5 Surrounding land uses .include a mix of conservation, former port - related lands, and marine uses. While Lake Erie is immediately west of the Project site, immediately north of the site is the Times Beach Nature Preserve, located in an area formerly used as a confined disposal facility (CDF) for the U.S. Army Corps of Engineers, intended for the depositing of dredge spoils from the Buffalo Harbor. North 'of Times Beach is the US Coast Guard Station. To the south of the Project site are the Seaway Piers and former Port of Buffalo lands owned by the NFTA; interim remedial activities by NFTA on these lands have yielded the first phases of a trail network along the Lake Erie shoreline. Lands to the east of the Project site include two private marina facilities. In 2004, the City of Buffalo adopted a new Comprehensive Plan and is currently in the process of undertaking a complete re- working of all land development regulations. The .Comprehensive Plan sets forth broad policy statements for future development, specifically calling out efforts and regulatory policies for the City to "reconnect to its waterfront, improve public access to the lake, rivers and creeks, link'neighborhoods to the water's edge, leverage waterfront assets for appropriate economic development, and improve water quality, waterfront lands and habitats in the process." (City of Buffalo 2004). Under the City's current zoning Ordinance provisions, the Project site is located within the M -2 General Industrial District. This district permits a range of general manufacturing, storage, and other industrial, plus all uses permitted in more restrictive zoning districts (i.e., "R" and "C" districts) with the exception of residential, hospital, and school uses. Passive recreational uses are permitted in the R-2 district, thus would also be permitted in the M -2 District. The site is also within the limits of the Buffalo Coastal Special Review District, an overlay district requiring review /approval of new development in the zone by the Buffalo Common Council, as well as special yard /setback provisions for new structures along the waterfront. 2.1.2 Impacts of the Proposed Action The Project would result in positive land use impacts associated with .freeing up waterfront lands for public access. The Project would represent a natural extension of open space and recreational access provided at the Times Beach Nature Preserve, as well as serve as a node of activity along the emerging network of waterfront trails and access ways stretching north from Gallagher Beach to the US Coast Guard Station. The Proposed Action would also be fully consistent with the policies of the City of Buffalo Comprehensive Plan and is permitted under current zoning provisions. It would also represent the best principles of "smart growth" through its proposed reuse of brownfield property in an urbanized area —fully served by utilities and transportation networks —and would contribute to a emerging. pattern of recreational and mixed -use . development and redevelopment along the waterfront. Section D Addendum -6 2.2 Water !Quality 2.2.1 Existing Conditions The proposed project site is located adjacent to Lake Erie in the Buffalo Outer Harbor. The Niagara River /Lake Erie Basin Waterbody Inventory /Priority Waterbodies List Report was issued in September 2010. In this report the -site is considered to be in the North Outer Harbor. The report classifies this area of Lake Erie as class B and the water quality as impaired. Water quality issues in the Niagara River /Lake Erie Watershed are for the most part associated with past and current industrial activities and remedial actions in the Great Lakes and urban centers in the watershed. A phase II investigation was performed for both properties. The investigation of the 225 Fuhrmann Boulevard detected no volatile organic compounds (VOCs) or semi - volitile organic compounds (SVOCs) in the groundwater samples above New York State Department of Environmental Conservation (NYSDEC) Groundwater Quality Standards. Metals concentrations that were elevated relative to NYSDEC Groundwater Quality Standards were ubiquitous in groundwater and are likely attributable to the metals concentrations found in the site soil that appear to be characteristic of the fill material used to "make" the Site. Similar results were found at the 175 Fuhrmann Boulevard property. To the north of the project site is Times Beach which contains New York State (NYS) designated wetland BU -3, which is regulated under the NYS Freshwater Wetlands Act. The Act identifies wetlands on the basis of vegetation, which are good indicators of wet conditions over time. These characteristic plants include wetland trees and shrubs, such as willows and alders; emergent plants such as cattails and sedges; aquatic plants, such as water lily, and bog mat vegetation, such as sphagnum moss. Furthermore, the act regulates an area adjacent to the regulated wetland. This buffer area is 100 feet and used for protection of the wetland. A small portion of the 100 -foot buffer of this wetland extends onto the northwest area of the NYPA parcel. 2.2.2 Anticipated Impacts The proposed shoreline improvements would provide protection in excess of that currently in place. These improvements will result in the probable reduction in shoreline erosion and eroded soil migration into Lake Erie. Improvements to the site will not impact groundwater or effect the migration of contaminants through the increase or reduction of groundwater elevations or flow. Furthermore, these issues -will be investigated through the State and Federal review process under Sections 401 and 404 of United States Environmental Protection Agency (EPA) regulations. Nationwide Permits under Section 10 of the EPA regulations will also be obtained as determined by US Army Corps of Engineers (USAGE) review of the NYSDEC and USACE Joint Application submitted for this project. Since the project will disturb more than one acre of. soil a State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity, GP -0 -10 -001 must be obtained. This permit regulates the discharge of stormwater during construction activities in order help avoid and significant impacts to water quality. Section D Addendum -7 As part of this permit a Storm Water Pollution Prevention Plan (SWPPP) will be developed that is in conformance with NYS requirements for discharge of stormwater from the site during construction. There are no anticipated impacts to wetlands or wetland buffer areas as a result of this project. Plantings will be established in the area of the project in proximity to the wetland buffer located on the project site. In the event that it is determined -that there will be impacts to the wetland buffer, a NYSDEC Article 24 Freshwater Wetlands Permit will be obtained. 2.3 Air Quality 2.3.1 Existing Conditions Under the provisions of the Clean Air Act, the E=PA has established standards for six air contaminants: carbon monoxide, nitrogen oxide, ozone, particulate matter, lead, and sulfur dioxide. Analyses for new development typically assess impacts from both regulated stationary sources (i.e., fixed stacks for boilers, venting for ,equipment involving primary combustion, etc.) and mobile sources (i.e., induced traffic), typically associated with ground -level concentrations of carbon monoxide. 2.3.2 Impacts of the Proposed Action The Project would not result in any significant short or long -term air quality impacts. It would not involve the establishment of any new regulated stationary sources of air pollutants. Air emissions for mobile sources would not result in any significant changes in concentrations of ground -level carbon monoxide during peak traffic periods... New York State Department of Transportation (NYSDOT) screening criteria for air quality analyses set forth in its Environmental Procedures Manual require detailed analysis only when projected intersection levels of service deteriorate from level of service "A" or "B" to a level of service "D" or less. Anticipated traffic as a direct result of the Proposed Action would create no significant deterioration in levels of service at intersections surrounding the Project site. 2.4 Plants and Animals 2.4.1 Existing Conditions The land area of the Project site is a former industrial site that does not contain any significant plant or animal resources or habitat. However, the NYSDEC has provided information that the shallow embayment in the northwest area of the NYPA parcel is an important Muskellunge spawning area in the outer harbor. Section D Addendum -8 2.4.2 Impacts of the Proposed Action Project design has been structured to minimize the impact to this habitat. Shoreline modifications will be to enhance the shoreline with additional vegetation along an . approximate 200 -foot section on the southern shoreline of the embayment. During construction best practices will be used to avoid any significant impacts to fisheries resources. These best practices may include avoidance where possible, sedimentation /siltation control measures and proper scheduling of work outside the spawning season. 2.5 Agricultural Resources The Project site is a former industrial site that does not contain any agricultural resources. .2.6 Aesthetic Resources 2.6.1 Existing Conditions There are no unique visual resources on the Project site itself. The Project site could largely be characterized as a former industrial site reverting to a more naturalized site through overgrowth of scrub and wooded areas. Although only visible once entering the property, the site does provide positive views of lake Erie to the west. 2.6.2 Anticipated Impacts The Project would result in positive visual impacts on the Project site and its surrounding area. Proposed improvements to site access, the addition of recreational facilities, and the enhancement of site landscaping features would all positively contribute to the character of the Project site and the waterfront environment in general. 2.7 Historic and Archaeological Resources 2.7.1 Existing Conditions The Project site does not contain any resources listed on the State and /or National Registers of Historic Places (S /NRHP), nor is within locally- designated historic district: or resource. The nearest S /NRHP - listed listed resource is the former Connecting Terminal Grain Elevator fronting on the Buffalo River, situated on the f=irst Buffalo. River Marina property at 100 Fuhrmann Boulevard, immediately east of the Project site. Structures on the Project site are limited to a single metal utilitarian building, which would not meet the criteria for S %NRHP eligibility. The Project site is also not located in an area that has been identified as being a source of significant archaeological resources. Review of historic maps of the area indicate that the land comprising the Project site was created through progressive filling operations occurring in the early to �V Section D Addendum -9 mid -20 century; the 1901 USGS map of the area shows the Project site as open water, S y while the 1947 USGS map shows the Project site partially filled. Thus, it is highly unlikely �J that the site contains any significant archaeological resources. 2.7.2 Anticipated Impacts The Project would result in no significant impacts to historic and archaeological resources. Anticipated recreational /public access improvements would pose no threat to S /NRHP resources near the Project site, but rather may improve appreciation of these resources. In accordance with Section 14.09 of the New York State Historic Preservation Act, ECHDC consulted with the New York State Office of Parks, Recreation, and Historic Preservation ( OPRHP) on its conclusions regarding the lack of such impacts; OPRHP concurred with these conclusions through a letter of no impact issued on March 20, 2012. 2.8 Open Space and Recreation 2.8.1 Existing Conditions The Project site currently contains no improved open space or recreational facilities, however located near it is a number of emerging recreational and open space features along the Outer Harbor waterfront including (from north to south): • The Times Beach Nature Preserve • Waterfront trail facilities along the former Port of Buffalo lands owned by the Niagara Frontier Transportation Authority (NFTA); • The NFTA Boat Harbor and several small privately -owned marinas; • The Tifft Nature Preserve, operated by the Buffalo Museum of Science; • Gallagher Beach and Pier, owned by the NFTA; and • Park and recreation improvements around the Union Ship Canal, as part of the redevelopment of the Buffalo Lakeside Commerce Park. In addition, as part of the Southtowns Connector /Buffalo Outer Harbor Project, largely completed in 2010 by the New York State Department of Transportation (NYSDOT), Fuhrmann Boulevard was completely reconfigured and reconstructed from a series of one -way frontage roads to a single, two -way waterfront parkway. As part of this reconstruction, a fairly extensive system of multi - purpose trails was constructed, stretching from the Union Ship Canal to.the US Coast Guard Station, 2.8.2 Anticipated Impacts The Project would not remove and /or impair any open space or recreational facility in the vicinity of the Project site, but rather, would represent a further expansion of waterfront access points along the Outer Harbor. Section D Addendum -10 2.9 Critical Environmental Areas The Project site contains no critical environmental areas. 2.10 Transportation 2.10.1 Existing Conditions Local road access to the Project site is provided exclusively by Fuhrmann Boulevard; access to the nearest highway facility from Fuhrmann Boulevard is provided to NYS Rte 5 at an interchange just south of Michigan Avenue. Rte 5 provides high -speed access north and south and connects to the interstate system. Traffic is limited along Fuhrmann Boulevard insofar as it terminates north of the Project site at the US Coast Guard Station. Average Annual Daily Traffic (AADT) counts for Fuhrmann Boulevard were last recorded by the Greater Buffalo Niagara Regional Transportation Council (GBNRTC) in 2007, indicating an AADT of only 6,600. In fact, there are no signalized intersections in the vicinity of the Project site given these low traffic levels. A detailed analysis of the traffic and intersection operations along Fuhrmann Boulevard and other local and regional roadways network along the Outer Harbor was conducted as part of the 2005 Design Report /Environmental Impact Statement for the Southtowns Connector /Buffalo Outer Harbor Project (NYSDOT 2005). This analysis assumed a 2030 design year (Le. 20 years after the completion year of 2010) and involved a modeling exercise using the GBNRTC regional traffic forecasting model. Projected traffic impacts were developed for a future scenario involving a significant level of development along the Outer Harbor by the 2030 Design Year. Selected alignments for Fuhrmann Boulevard were designed to accommodate projected 2030 traffic levels at acceptable levels of service. 2.10.2 Anticipated Traffic impacts The Project would result in no significant impacts to traffic operations in and around the Outer Harbor. As noted above, the recently completed reconstruction of Fuhrmann Boulevard as part of the Southtowns Connector /Buffalo Outer Harbor Project was projected to result in no significant traffic impacts through 2030 under a future development scenario involving significant levels of new development along the Outer Harbor waterfront. 2.11 Energy The Project would have no significant impacts to the use and management of energy resources. 2.12 Noise and Odor The Project site does not now contain nor would not involve any major new sources of noise or odors, such as landfills, or selected agricultural or industrial facilities. 1 Section D Addendum -11 2.13 Public Health 2.13.1 Existing Conditions Soil sampling results showed widespread contamination with SVOCs and metals. VOCs, pesticides, herbicides and polychlorinated byphenyls (PCBs) were not detected. above Part 375 Soil Cleanup Objectives (SCOs) or NYSDEC Technical Administrative Guidance Memorandum (TAGM) Recommended Soil Cleanup Objectives (RSCOs) in any soil sample collected from the soil borings. The soil characterization results show that the soil is non- hazardous. A 5,000 - gallon underground storage tank (UST) was found on site,. as well as the locations of two previously removed 1,000 - gallon USTs. Preliminary investigations found.no soil contamination in the vicinity of the 5,000 - gallon UST. However, soil contamination from petroleum products was found near the location of the 1,000 - gallon USTs and remaining. piping associated with these USTs. There was no evidence of other USTs in other areas of the site and no evidence of other petroleum contaminated soil Based on these observations, the contamination that is not proximate to the UST locations is likely attributable to the characteristics of the fill material used to "make" the Site. No VOCs or SVOCs were detected in groundwater samples above NYSDEC Groundwater Quality Standards. Metals concentrations that were elevated relative to NYSDEC Groundwater Quality Standards were ubiquitous in groundwater and are likely attributable to the metals concentrations found in the site soil that appear to be characteristic of the fill material used to "make" the Site. Under the current use scenario, trespassers on the site would have a potentially complete exposure pathway through dermal contact or ingestion of contaminated soil. Trespassers and nearby workers could potentially be exposed through inhalation from wind dispersion of fugitive dust from the site. 2.13.2 Anticipated Impacts � The proposed project would address the existing conditions through a capping of the site using approved capping material. This cap would also include a geotextile fabric to provide a physical separation between the existing site material and the cap material. The cap would extend to the shoreline where stone would be used to protect the site from erosion and provide a barrier to contact by users of the shoreline. Currently anyone accessing the site has potential exposure pathways through dermal contact or ingestion of contaminated soil, as well as exposure through inhalation from wind dispersion of dust from the site. Installation of the capping material would restrict contact with the existing soils and eliminate dispersion of dust at the site. The 5,000 - gallon UST and associated piping will be removed as part of this project. Petroleum contaminated soil in the vicinity of this tank would also be removed and disposed of at regulated disposal facility that is permitted to receive petroleum contaminated waste. Furthermore, the piping remaining from the 1,000 - gallon UST's and petroleum contaminated soil found near the piping and former 1,000- gallon UST locations would also be removed and disposed of in a similar manner. Section D Addendum -12 2.14 Growth /Character of Community or Neighborhood The Project would positively contribute to the growth and character of the neighborhood and the community as a whole, by rehabilitating and re-purposing a brownfield that currently detracts from the setting of the Buffalo Outer Harbor. 2.25 Secondary, Indirect; and Cumulative Effects of the Proposed Action The Project may indirectly result in positive impacts related to encouraging new Waterfront development in the future. The Proposed Action however, does not specifically commit ECHDC, ESDC, the City of Buffalo, or any other agency to any future project in the vicinity of the Project site. Any subsequent development activities would be subject to SEQRA review. 3. REFERENCES AND SOURCES City of Buffalo 2004, City of Buffalo Comprehensive Plan, Buffalo, New York. City of Buffalo Zoning Ordinance, Chapter 511 of the Charter and Code of the City of Buffalo, New York. City of Buffalo Draft Local Waterfront Revitalization Plan, prepared by Wendel-Duchscherer Architects & Engineers, Buffalo, New York. ECHDC, 2008, Phase II Environmental Site Assessment for 225 Fuhrmann Boulevard, prepared by LiRo Engineers, Buffalo, New York. , 2011, Letter Report, Supplemental Phase II Surface Soil Sampling at NYPA , Property, 175 Fuhrmann Boulevard, Buffalo, New York, prepared by LiRo Engineers, Buffalo, New York, Greater Buffalo Niagara Regional Transportation Council (GBNRTC), 2010 Traffic Count Tables (Updated 3- 2 -11), available at www.gbnrtc.org. NYSDOT 2005, Design Report /Environmental Impact Statement: Southtowns Connector /Buffalo Outer Harbor Project, prepared Parsons Brinckerhoff,.Buffalo, New York. Section D Addendum -13 ƒ` \ . ? .2 . � = . �» ! EM DFAY AND ASE DASEd uI PEED ANO TIJt MPP INFDRW11pY PRVnDm. a 00 V P Liew HW -m - c 11 t E E NCM'! w e = rTFORNEO Po w PREPM m CF } SPOT EUX �Ilpe NW6HOlE 71ox S" � 1� y � -F �� -Y- � ' 4 Yr PRE ll f ® TETFPHDNE Fm BO% ts } y LEYARORS ME REFERENCED ro E TH NAND ERDCi.1. MUM. O FiACPOLE COOFRIINAree ME RF7D+EN(Kp. TO THE NET! 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'oplN GGNMGIRCAIIGN � PA PqT E EEOGE or PAVEMENT E LAKE ERIE P DGE PAVEMENT p G1I OAS VALVE INVERT wN C - IP R m MOW OF oHW 01EialFM MPs _ � / Pvc BoLr -wxvL alLBwoE o - -�— 5_ WRIER fig VTP wmlMa HIIE PIPE t-, ': fP Y' Y' °x AVPltur g WA wnTER VA14E IN I 41 - �- nsnIMLT a Tom - ,� i - 51EEL Be,, F ORMER a TBN 9 DIEM � P ED1T 1 EL � 4 Y + SET '0' CUT ON S SL' ' 'r e � ] ] \ s r p IR :aj SET REEAR W- IN GWSS 4 FEET 11'E;f DF ASF6 T DIKE PAT WEST SIDE OF PUWBYNN 801jIFAiID N104BM .017 El 0720441 DF -VA217 E W,RE FE ,ST 1b _ StT PNJ],65' • Cl1f "- 2 ? 2 1'AU 53.10' Y N OFTT'IE � ¢ � P T rRC s g s' /y 'ND —ND L' ( d /M'nNE f (n Lit VEY m � 1 r BASELINE p1IIl] - S xor ro scxE � � ” M VICINITY MAP sEf PN NAIL ON WEST SwE .R F411MANN EOULEVAR0. xDIRN see DP ATJLILT oru✓e.. Fwsr ag ABPo1nu MiN[ PA1x SOURCE: FOIT ALBERT ASSOCIATES 763 VAIN STREET, BUFFALO, NY 14203 DRAWING T r-- TOPOGRAPHIC AND LML1 Y SURVEY BUFFALO OUTER HARBOR PARCEL OH FURHGANN oomE_vARD. BUFFALO, NY DRAWING NO: Bs -100 DRAWING DATE- 12/20/2.011 �nxAND GsR"EUC SCALE 1 i�h � fop IL r 0 ��ae.mertaenn!aa�N� /zois eu� ua . x u 4� _ a 5Q � o c . n a rJti.� j � 3I d Fv s 0 0 nap � ols 2i iQ fo r fi Gl ` j k 5 1 ols 2i iQ fo r fi Gl 00 011. From: Steve <indiana36biker @gmail.com> Sent: Thursday, April 12, 2012 11:01 AM To: Rucinski, Laura; Chwalinski, Gerald; Councilmember Fontana; Councilmember Rivera; Councilmember Franczyk; Councilmember Pridgen; Councilmember Smith; Councilmember Russell Subject: Naming a street after Adam Mickiewicz, declaring a Polish Heritage Day on Nov 11 As one of approximately 25 -30% of Western New Yorkers who claim Polish ancestry, I would like Buffalo Common Council to honor Americans of Polish descent living in Buffalo, NY, not to mention the historical cultural contribution thereof. Whereas Buffalo still has the historic Polonia district and the Adam Mickiewicz library on Filmore Ave, let alone the Broadway Market, but I believe we need to do more to commemorate its rich Polish heritage - I hereby propose to the Common Council to rename a street in Buffalo after Poland's national author, Adam Mickiewicz and to declare November 1 Ith of every year as "Western New York Polish Heritage Day ". Steve Norris (originally "Nowaczewski ") 353 Hoyt St. Bflo NY 14213 RECEIVED AND FALED 1 -1 COUNTY OF ERIE MARK C. POLONCARZ COUNTY EXECUTIVE April 19, 2012 Common Council City of Buffalo 1400 City Hall Buffalo, New York 14202 Proposed Construction of New Academic Building at Erie Community College Honorable Council Members, Recently there has been much discussion regarding the proposed construction of a new academic building at Erie Community College ( "ECC "), including what has been reported as the position of my administration as to its construction. In response to your letter of March 5, 2012 and to clarify my position, please be advised that while I have reaffirmed Erie County's (the "County ") commitment to redesignate $7.5 million out of the'County's fund balance towards the construction of a new ECC academic building, I do not at this time support or oppose the construction of this building on any one of ECC's three campuses over another and have not agreed to appropriate the amount at this time. For the record, in late January, Deputy County Executive Richard Tobe and I met with representatives from ECC to discuss the proposed $30 million building project for ECC's North Campus in Amherst, NY. In this meeting and subsequent conversations, it became quite clear that although there has been much public discussion about the potential project, including obtaining tentative financing from the County and New York State, a great deal of work remains to be accomplished before the County will appropriate funds for construction. Therefore, I requested that ECC provide my administration with significant background information on L the planning process and any related research, including any reports and plans developed. I have enclosed a copy of the letter sent to ECC President Jack Quinn, dated February 10, 2012, detailing that request. President Quinn provided to us in a timely manner all of the requested materials that were readily available and proposed the County and ECC meet on a regular basis to coordinate the process of information gathering and move us closer to understanding ECC's needs. The County is committed to working with ECC throughout this process which is expected to take approximately nine months to a year. We are confident the research process will result in RA BUILDING • 95 FRANKLIN S TREET • BuI'imw, N.X. • 14202 - (716) 858 -6000 • WWW.ERIE.GOV (� Letter to Buffalo Common Council Regarding New ECC Building Page 2 of 2 April 19, 2012 credible data that will allow us to be sure that we are making the correct decisions and to gain the support a project of this type requires. Although representatives of ECC originally stated the building to be located on the North Campus would be used for health sciences programs, no formal building use report or analysis of the academic needs of ECC has yet been completed. Without a thorough analysis of ECC's needs and the intended use for the building, no determination can be made of either the programs to be housed in it or the most appropriate site. In fact, representatives of ECC have now informed my administration that it was premature to identify the building as a health sciences center and no use has been determined at this point. Therefore, any belief that the building is a "health sciences" building is incorrect and anyone stating so is misinformed. thank you for your concern into this important communitywide matter and look forward to a continued dialogue with the members of the Common Council about this important project. Sincerely yours, Mark Poloncarz County Executive MCP /eb cc: Erie County Legislature Erie County Fiscal Stability Authority Jack Quinn, President, Erie Community College Richard Tobe, Deputy County Executive John Loffredo, Commissioner of Public Works Maria Whyte, Commissioner of Environment and Planning Robert Keating, Director of Budget and Management REFERRED! TO THE COMM11T'EE N COMMUNITY DEVELOPMENT, e RIE COUNTY OF ERIE MARK C. POLONCARZ COUNTY EXECUTIVE February 10, 2012 Jack Quinn, President Erie Community College 121 Ellicott Street Buffalo, New York 14203 Re: New Building for Erie Community College North Campus Dear President Quinn, Thank you for meeting with Deputy County Executive Richard Tobe and me on January 25, 2012, as well as attending a follow -up meeting that occurred with Deputy County Executive Tobe on February 2, 2012. While both meetings covered a number of issues, it is quite apparent that the most pressing matter to resolve is the proposed building project that Erie Community College ( "ECC) is contemplating for the North Campus. Although there has been much public discussion about the potential project, including obtaining tentative financing from the Erie County ( "County ") and New York State, it is also obvious that a great deal of work remains to be I before it will be possible to release funds for construction. Therefore, I request that ECC provide my administration with the following information, reports and plans. I do not expect that all these materials will be immediately available. However, I request that you commence a process to obtain the information that is being requested and provide the materials to the undersigned as soon as each report /request is available. 1. Building Use Report for the new building, including its proposed size, what program or programs will be included in the new building, the approximate square footage need of each such program, and any special space requirements for such uses and program. Include whether such programs exist at ECC now, how much space they now use and how much they will use in the future. Include any needs for student or faculty support space, and net and gross square footage for the building. Also include the number of students that this space will accommodate in each program, the educational goals of such program (such as Associates Degree, a certification program or some other goal), and the likely career path for such students (such as attendance at a four year college or university, entry into the job.market etc.) RATH BUILDING • 95 FRANKLIN STREET • BUFFALO, N.Y. • 14202 • (716) 358 -6000 • WWW.ER)E.GOV Letter to President Quinn Regarding New ECC Building Page 2 of 3 February 10, 2022 2. Space utilization study for ECC North and perhaps for all campuses. This report should focus on what existing programs will be relocated to the new building, what programs will be relocated to newly freed up space and what buildings, or parts of buildings, will be decommissioned. For all such uses Include the square footage that is now used and will be needed in the future and any special considerations that are relevant to the space needs of the campus. 3. PreliminarYEstimates. about new building including proposed footprint, size (net and gross square feet), proposed location on campus, construction cost including costs per square foot of construction, infrastructure needs such as parking or utility services, construction schedule in weeks or months from the decision to proceed with the project, and other factors related to the construction cost, schedule and building impact. 4. Estimated Operating Expenses contemplated as a result of the new building including staffing needs for both faculty and support services showing both the number of employees that will be required and the expected salary and benefit expenses, and non - personnel operating costs such as utility costs, equipment expenses including but not limited to, lab and other types of teaching equipment, etc. If there will be. any offsets from the decommissioning of other buildings show that also. 5. Proposed. Method to Manage Construction including plans to select an owners' representative to act on behalf of ECC and the County, plans to engage an architect, and construction manager, the role, if any, of agencies such as the Dormitory Authority of the State of New York and similar issues related to the method that will be used to obtain an on time, on budget high quality building. 6. Proposed Methods to Comply with the State Environmental Quality Review Act "SE RA" including who will be the lead agency, who will conduct the required analysis and complete the Environmental Impact Statement. Note that state law requires that this process must be completed before the County makes a final commitment to this project. The SEQRA process must include. a study of feasible alternatives. I request the alternatives that are studied include the location of the new building at any of ECC's campuses, including a downtown location either adjacent to the current City Campus or located on or near the expanding medical campus. This is particularly relevant if the proposed new building will be dedicated, or largely dedicated, to health sciences as provided in Legislative Resolution Intro 11 -2 (2010) as amended. 7. Alternative Use Report that considers and reports upon uses for the new building other than, or in addition to, health sciences. In particular, I request that you consider the feasibility of constructing a building that will support the need for training in. advanced manufacturing. There is a clear need for increased capacity to educate and train individuals for careers in advanced manufacturing. While this type of programming already exists at ECC, there is insufficient capacity to fill the current demand. S. Cost Benefit Analysis should be prepared which analyzes and reports upon issues regarding student retention, both in the County and in school, placement in jobs and the salaries thereof, future growth in enrollment, and future costs. `1� Letter to President Quinn Regarding New ECC Building 7 Page 3 of 3 February 10, 2012 In order to properly consider and prepare for a new building all of the above information must be provided in a credible manner that will allow us to be sure that we are making the correct decisions and to gain the support that a project of this type requires. Considering the conversation regarding the proposed new building has been ongoing for years, I would assume that most of the above - described materials are readily at hand and can be provided to the undersigned fairly quickly. If materials are not immediately available, my administration is prepared to work with you to obtain this information as soon as possible. In particular Commissioners Loffredo and Whyte should be consulted to assist in that preparation. I would request that in any event you would keep me and my administration involved in this process. effort. I look forward to working with you, the Trustees and the Legislature on this important Sincerely yours, Mark C. Poloncarz Erie County Executive MCP /eb cc: Erie County Legislature Erie County Fiscal Stability Authority Richard Tobe, Deputy County Executive John Loffredo, Commissioner of Public Works Maria Whyte, Commissioner of Environment and Planning Robert Keating, Director of Budget and Management 0 0 0 ( CITY OF BUFFALO COMMON COUNCIL DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 3408 CITY HALL BUFFALO, NY 94202 -3318 PHONE: (736) 851 -4980 ♦ FAX: (716) 853 -6576 City of Buffalo Website: www.city- buffalo.com Ellicott District Website: www.buffalaellicottdistrict.com �a COMMITTEE CHAIR LEGISLATION COMMITTEES COMMUNITY DEVELOPMENT BUDGET, EDUCATION, FINANCE, CHIEE OF STAFF VERNEE W. SHAW LEGISLATIVE AIDE FELICIA C. WILLIAMS April 24, 2012 As per Chapter 194 -7 of the City Charter the Common Council shall notify the department of any food stores in their district that should not be renewed. Any food store that has not complied with city laws and codes may have their license reviewed at this time. I have forwarded a list of deli stores that based upon knowledge and belief I feel warrant investigation by the department of permits and inspections. Sincerely, Z OL 4, C . M� Darius G. Pridgerf Ellicott District Council Member REFERRED TO THE COMMITTE ON LEGISLATION AND ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS t Ellicott District... A Great Place To Work, Live and Enjoy. FacebookC Buffalo Ellicott District Twitter: @E licott1410 00 5 . 5 o Pre) I Hamlin Park Community & Taxpayers' Association, Inc. Box 972, Mid City Station - 1245 Main St. Buffalo, New York 14209 April 17, 2012 Councilmember Demone Smith. Masten District Representative 1405 City Hall Buffalo, New York 14201 Dear Councilmember; This letter comes as our support for the licensing of the Deli on East Ferry Street. After several meetings with the new owner, Nabil Alawdi and Muhammad Albana- President of the WNY Merchants Association, we have agreed on the following items. 1. The Deli- Gas'Station operations will be in accordance with previously established . rules for operation set by the City Common Council. 2. The Deli's hours will be 7 AM to 10 PM daily. 3. There will be two shifts in which there will be adults supervising overall operations 4. Gasoline pump sales and operations should turned off without on -sire supervision 5. The Sale of Tobacco products will not include flavored products targeting children, glass tubes or blunts. 6. Property Fights will be on 24 hours,7 days a week.for security purposes 7. No Outside Advertising Signage 8. Garbage Receptacles will be maintained inside. and outside on the property 9.. Property will be cleaned daily - interior and exterior 10. Owners have agreed to assist with the neighborhood's continuing efforts to maintain streetscapes and vacant lots along East Ferry Street We have agreed to reconvene in July 2012 to review our agreement and consider recommendations relative to. expanded hours of operation. As you know, there is a real concern about the growing commercialization of the neighborhood with an over- concentration of similar stores. Like all other communities Hamlin Park seeks a rich mixture of businesses and services that support resident life. In the future we look to attracting other types of 'businesses to the neighborhood and request that further Deli & Gas station licenses not be issued in Hamlin Park. Further,. we request an application process modification for all businesses seeking to locate in Hamlin Park that include "prior to getting started requirements". This checklist'should make community engagement with neighbors and block clubs necessary prior to making any financial investments. Respectfully, Stepha i & fete W President RECEIVED AND (FILED a 5 CIII:.. r lII !esdu3' Vote scanners flaws must be addressed n 2010, New York was New read perfectly marked ballots. would be fruitless under her forced to comply with York, GUEST VIEW Imperfectly marked ballots statute. In Slisz v Beyer, the the Help America Vote However; PFD that clearly show voter intents end Act (HAVA)..Our new if the Reese are ignored. They are not protracted litigation by amply vote scanning system was same ..... . considered scanner errors countin the votes The result osed to be. an improve- ballots are g - pl? ll p .....- because, by design, the the co nversion o rniersion of a one ment to prevent a repeat of voted absentee, they are machines cannot read them. was Iris o a one vote o the Florida presidential. elec- declared good. How many The official tallies are not ry . tion debacle of 2000. To thousands of ballots have not corrected even though the when two additional votes for ensure that all votes are been properly tabulated in the auditors recognize these as my client were found. one counted as `our election past two years? 'i'here is no valid votes: vote was a machine error and law requires a voter- verif- way to Imow. Surely, given all these the other was circled target able paper record of every . We do know that tens of sources of error, manual area vote not correctly vote to be available for post- . thousands of invalid recounts of the paper ballots scanned. election review. Unfortunate- overvotes (votes for more in close elections must be In summary, our expensive ly,. this system has failed. candidates than allowed) freely available. But they are new voting system has Computerized ballots have been caused by the new not in New York No New resulted in tens of thousands scanners are complex devices system In New York City, a York court has ever ordered a of invalid overvotes and prone to failures and errors. faulty scanner generated recount, even if the margin of mountains of paper ballots By law and regulations they hundreds of extra votes all victory is a single vote. This is that the courts will not allow are allowed to make one by itself. Overvotes were probably due to a terrible. us to see, no matter how close mistake in every 1,001 votes impossible using the old statute that requires the loser the cont scanned, even if the orighral lever rtiachines, but ironi- to demonstrate a `likelihood. of es�, even though we ballots are Perfectly know the scanners cannot p . ectlynnarked.. rally, they occurred in large . ' a material discrepancy .� ad a re rend tally ' Legally; voter intent thumps all . numbers in Florida in.2000. which creates a substantial accurately ely v B ey e r tally a l l other considerations, even if How are such errors an d poss�ility" that the result vote it is the fret that the voter fad cha s to comply with disenfranchisement dealt with would nge if a nman for ual Y� ng ballot m�arldrig instructions. in NewYork? Election law r. ecount were conducted. the system does not Work is For egaimle, consistently provides for an "audit" of a . Seasoned attorneys have read there anything more funda= circling target areas or candi: small random sarnple of this statute :a dozen tithes and mental to a democracy than a date's name; placing an R or a . scanners (initially 3 percent). ,:.: don't know whatitmeans. fair and accurate system of check mark on the candidate's This so called "audit" is Mies are seldoi experts in .. voting to deteixnine the will of name or drawing an arrow conducted by board of probability or statistics. It has the majority? pointing to me candidate's elections employees who are been reported that the name is a gvo . vote i o New eager to find discrepancies attorney who wrote this legis- ` A. Rye is a B York - 66 , tunately,;there's a to end the audit and avoid. lath n, when faced with the ' whn n uffalo dirty little secret Clearly more work This non- need for. a recount of a state Democrat Richard A. Sfisz marked ballots showing indis- - independent audit has been Assembly race lost by 15 votes, in a race for Third Ward putable voter intent Cannot be wrongly interpreted to merely failed to even ask for one. She Councilmember in the read by the scanners used in test how well the scanners apparently felt the effort City of Fondwandel. F.A.T H.E.R.S. P.O. Box 202 Buffalo, New York 14215 (715) 445 -4053 E -mail: buffalofathers @yahoo.com www.facebook.com/buffalofathers �C� Board �X President - Leonard Lane Vice President - Dorian Gaskin Hon. Chaplin - Carnell Robertson Treasurer - Marvin Smith Recording Secretary - William Preston Sgt. At Arms - Alonzo Barnes PR t 7, 0R 00 58 Fortune,Nikita M. From: LVA Sherry <lva:sherry @gmail.com> Sent: Wednesday, April 25, 2012 3:37 AM { To: adixon @quffaloschools.org; Ipetrucci @buffaloschools.org; ritayior @buffaloschools.org; � mrkapsiak @buffaloschools.org; jblicata @buffaloschools.org; fjohnson @buffaloschools.org; rhernandez @buffaloschools.org; jmmccarthy @buffaloschools.org; sbelton- cottman @buffaloschools.org; banevergold @buffaloschools.org Cc: Councilmember Smith; stephon wright; Sam Radford;. Danielle.Judge; Brian Trzeciak; INA DOWNING; wkeresztes @buffaloschools.org; Helene Kramer Subject: Sorry-- topic: student attendance improvement /desired. district culture change I erroneously (arid sleepily, apparently) left this under an earlier heading. On Wed, Apr 25, 2012 at 3:26 AM, LVA Sherry <1va.she mail.com> wrote: Greetings, all -- After a productive discussion with Dr. Kerestzes yesterday on the latest suspension data, and reflecting on the district's ongoing need for change and improvement in our city's cultural value of our young people; I offer the following policies and practices in place in Baltimore for our consideration, and implementation. of similar strategies. We (all of us, together) can; I believe, change that culture and simultaneously reduce suspension and increase attendance (which we know is at the heart of many other issues; e.g., school and student performance, graduation, etc.) One cannot rationally separate attendance from success -- whether absence is at the "choice" or initiation of the student or school personnel (suspension). I would like to understand how many of these types of efforts are underway already in the district - -is some part of this what attendance teachers do? Is the district considering some means to mobilize the community as Baltimore has done? What would it take to do so? I'd be interested in your thoughts. Sherry -- How Baltimore is working to change things for the better... A grandmother told the volunteer who knocked on her door that she had just received custody of her grandchildren but didn't. know how to register them for school. A mother recounted how her child had only one school uniform, and it was hard to make sure it was clean every day. In both cases, the children had become chronically.absent from the Baltimore City Public Schools. But rather than a stern warning from an attendance officer, the families received a visit'from a volunteer working with a local church or nonprofit group. The focus of the School Every Day! Initiative in Baltimore is to break down the barriers to school attendance. Volunteers deliver alarm clocks and school uniforms, umbrellas and winter coats to make sure children show up for school regularly: They connect families with the support. they need, whether financial or emotional, in the broader community. .i i 1 "We like to use a feather, not a hammer," says School Every Day! Coordinator Heidi Stevens. The goal is to have volunteers provide one caring contact for every child every week. School Every , Day! is also using volunteers to reinforce the value of school attendance by: * Posting flyers that stress the importance of children being in school every day. * Writing letters of encouragement to chronically absent students and their parents. These letters, often written by senior citizens, may encourage students: to return to school or congratulate those who have started attending more regularly: * Creating a peer -to -peer messaging system where older students write to younger kids letting them know they are missed when they're absent and that their classmates are awaiting their return, * Soliciting gift certificates and other goods from local merchants to offer as incentives to students who improve attendance The results have been promising. Stevens described how 16 students in a single housing complex in West Baltimore showed troublesome attendance in the first full month of school, missing 80 days collectively in September. With steady intervention from the volunteer corps, the number of absences dropped to about 30 in October. Overall, the more times volunteers are in touch, the more likely the child is to return to school. This sort of improvement is good for not only the students. "It's very rewarding for the volunteers," Stevens says. "They're thinking, `I'm making a difference.' And the parents feel like there is someone out there who cares and who is willing to help them." To recruit volunteers, Stevens says she and her staff visit local churches and nonprofit groups. They offer a range of options: Some choose to write letters from home, while other sign up for weekly visits or daily calls. Once they commit, the volunteers receiving training about absenteeism, the school district's policies and the neighborhood dynamics. All volunteers agree to background checks and fingerprinting. And they sign a confidentiality agreement ensuring they don't share information on attendance or family problems that they learn about. The program, funded by Abell Foundation and housed in the city schools Office of Engagement, aims to reduce chronic absenteeism by 20 percent in the neighborhoods where it operates.. "Chronic absenteeism is the silent dream killer," Stevens says. ``We have to do whatever we.have to do to break the cycle of absenteeism so that our kids can succeed, not only in school, but in life." Volunteer Options: Door Knocking: Volunteers are given a list of chronically absent students and their families /guardian to call on. The. goal is to learn why the student has been absent and to encourage the family /guardian to return the student to class. the next day, {Weekly} z Canvassing: Flyers and posters on the importance of every day attendance are posted in neighborhood hotspots (churches, cleaners, stores, restaurants, shops, community centers, etc.) (Bi- monthly) Resource Bank: Volunteers work to contact local businesses and organizations for incentives and resources for students and families. (Ongoing) Phone Bank: Phone calls and texts are made to families of absent students. Calls and texts may take the form of attendance calls, wake up calls, and encouragement calls. (Daily, depending on needs of school) Letter Writing: Volunteers (sometimes seniors in senior centers) write letters of encouragement to families and students once students have returned to school. (Weekly) Walking School Bus: Neighborhood volunteer will walk to school with several students on specified route "picking up'.' students as they head towards school.. (Daily mornings, maybe afternoons) Team Captain: Volunteer will serve as team captain for their church/community organization/nonprofit group. The team captain.will ensure that volunteers have their list of targeted students /families and will make sure assessment sheets are turned into School Every Day! weekly. (Weekly) Summer Camp /Cultural Arts Tuition Waiver: Volunteer partners will waive tuition for events and camps as a reward for students who improve attendance. (Ongoing) When students start missing too much school in Baltimore, their parents are likely to receive a phone call or a home visit to find out what's going on. But what about children in foster care? Under a unique data sharing agreement, city's child welfare workers now have access to attendance data for the children they are monitoring. They know when these students have missed 10 percent of the school days, the point at which they are chronically absent. And they know when they are skipping school. What's more, Baltimore social workers are using chronic absence data to identify families that may need additional support. A child's chronic absenteeism, especially in the early grades, can signal 3 family chaos frequent moves, homelessness, transportation issues or physical and mental health problems. Rather than waiting for a crisis, social workers can use this early warning sign to. approach the family and offer support. Using the data, Baltimore is identifying 700 children a month whose families could use support from Family Preservation workers. "The front line of the human service system often lies outside the human service system," says Lynn Mumma of the Baltimore City Department of Social Services. "In this case, it's in the schools." The reality is, the children who come in contact with the child welfare . system are often at high risk for attendance problems. Children moved out of their homes to placement with relatives or foster care are particularly vulnerable, with a study in New York City showing that 57 percent changed schools.. They're also more likely to use illicit drugs. Disabled students also have high rates of absenteeism. For social workers, schoolwide aggregate attendance is irrelevant. They need to know how many days individual students have missed, and they need to know what proportion of school days that represents. Essentially, want to know two things: Are the students they're monitoring in foster care attending regularly? And are there chronically absent students whom they aren't in contact with but might need their support? As we've said before, most schools have this data. But they don't always calculate the numbers like that or have it readily accessible for social workers or even teachers to look at. That's where Baltimore is different: * Principals receive this chronic absence data on a weekly data dashboard; some hold regular meetings to what systemic changes or. individual steps can bring students back to school. * The school district shares the data with the city social services department and invites child welfare workers to regular attendance meetings. * Social workers conducted home visits over the summer to 315 students in kindergarten through second grade who had been severely chronically absent—meaning they missed 20.percent or more of school days the year before. * Social workers coordinate-with attendance monitors and school support teams to respond to families. School teams can refer chronically absent students to Family Preservation workers if they've identified issue that can be addressed through community support. Good attendance effectively becomes everyone's responsibility and everyone's goal. 4 Diedre Reeder barely needs to look at the class attendance sheets as she makes her rounds at Franklin Square Elementary. and Middle School every morning. As the school's attendance monitor, Reeder says she can simply look in the classroom and who's missing. On most days, that's not too many kids. Despite the poverty outside the school and the crowded classrooms inside, Franklin Square consistently registers one of the highest attendance rates i.n Baltimore. A fifth grade classrooms crammed with 39 students recently boasted 32 with perfect attendance for the month. Reeder and her principal, Terry Patton, have created a "culture of attendance," where students know they are expected to come to school, where parents know they'll get a call if their children don't show up and where the community helps tackle barriers to attendance with everything from free dental care to in- school haircuts to clean uniforms. The high-rise office buildings of the Baltimore skyline glimmer barely a mile from Franklin Square, but the row houses that surround the campus are run down, boarded up or burned out. School records show 91 percent of the 390 students are poor enough to qualify for free and reduced - price meals. Poverty is often linked to chronic absence, and Baltimore has plenty of both. Citywide, about 14 percent of elementary students and 17 of middle schoolers missed 20 or more days last year. Franklin Square, with a 6 percent chronic absence rate last year and 3 percent the year before, is beating the odds. Principal Patton said she began paying attention to attendance when she arrived at the school seven years ago.. "I took at the data and I realized [chronic absence] might be part of the problem," she recalled. "Maybe the kids aren't here." Patton now meets with the family of every new student and talks about the importance of attendance. If the child is transferring from another. school, she reviews their records, looking carefully for any sign of past attendance problems. The principal's data dashboard, with information from the central office, shows Patton weekly who's missing 10 or fewer days and who's missing 20 or more. She can view this by classroom, grade and by individual student. And then, she's got Reeder. The attendance monitor calls the home of every absent student. After three days, she sends the family a letter. She talks to parents about why a child is missing school. "If they say `death in the family,' I ask them for the obituary," Reeder said. Once she found that a child's caregiver, an elderly grandmother, was sick. So Reeder picked up the student and brought her to school. As Reeder shows off the perfect attendance bulletin board, a group of middle school students gathers nearby. ".Take that hat off," she tells one of them. "You' d better stop drinking that soda," she tells another. 5 "Yes, Miss Reeder," they respond, giggling. Beyond its explicit attendance policies,. Franklin Square offers an engaging environment that keeps kids wanting to come to school. A program called Path to Pax teaches positive behavior techniques so that students learn how to handle confrontations and can focus more on learning. Afterschool programs offer sports, clubs, even junior ROTC. Patton brings in a barber to give kids a good, haircut and, with it, a sense of self esteem. Rather than send students home when they are out of uniform, she keeps neatly folded khakis and polo shirts on hand. She offers asthma and dental clinics, and won a state grant to serve healthier food, including fresh fruits and vegetables, at lunch. The.school building also hosts a food bank, a Head Start program, a day care center and programs run through partnerships with sororities and churches. "We treat people the way we want to be treated," Patton said. "We make sure the children feel like they matter; and the families feel like they matter." Articles on the Initiative: http: / /www.baltimoresun.com/ news /marylandibaltimore- ciVAs -md cci- schools- attendance - cam ai - 20110919 0 574943S.sto h ://baltimore.cbslocal.com/2011/11/16/volunteers-boost-student-attendance-at-baltimore-coEniy- school/ Sherry L. Byrnes; MAH 6 00 50 DAVID A. RIVERA NIAGARA DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1504 City Hall BUFFALO, NY 14202-3318 PHONE: (716) 851 -5125 • FAX: (716) 851 -4970 E -mail: darivera @ch.d.buffalo.ny.us. James Comerford Commissioner of Permit & Inspection Services Rm 301 City Hall LX- : Food Store License Investigations Dear Commissioner Comerford, As requested and pursuant to Chapter 1947, 1 have submitted under separate cover a list of Food Stores I would like to investigated by your department. Thank you for your attention to this matter. Sincerely, Councilmember David Rivera Niagara District DAR:sm referred to the committee on legislation and commissioner of economic development Permits and Inspection 11,01 ;z'8' -7� 5 r� Commorl Council CO MMITTEES CITY OF BUFFALO CLAIMS, CHAIR COMMUNITY DEVELOPMENT LEGISLATION SPECIAL COMMITTEES MBEC POLICE OVERSIGHT TRANSPORTATION CHIEF OF STAFF WHITNEY ARLENE CRISPELL LEGISLATIVE ASSISTANT NDEMI SANTIAGO James Comerford Commissioner of Permit & Inspection Services Rm 301 City Hall LX- : Food Store License Investigations Dear Commissioner Comerford, As requested and pursuant to Chapter 1947, 1 have submitted under separate cover a list of Food Stores I would like to investigated by your department. Thank you for your attention to this matter. Sincerely, Councilmember David Rivera Niagara District DAR:sm referred to the committee on legislation and commissioner of economic development Permits and Inspection 11,01 ;z'8' -7� 5 r� LW&I Af y !N y X 55 7 -- .. i� _7 ._. 12 TT F'� 1-77 77-he AAg#r ' .� ��c�R466: I-IN05 AW1 OF IV6Cf �'Y! `?� . EVE ........ ........ l 1 / / mo t, J � 606 �xo V60 4106 A-P -5c,"O f y� 0 . - 771- A ��j]q� /d 0�' J�7V , / _ .......... S /VO ti-- IUOR ! lvo ctj / �/ ,s'i' / meu Yom, VVE %5 _ /KS- �Cr 14-064 �C�e� f ®`2 �'1C3ti' � !7' S' ,+ Ise ZJ6 W E r rTt� WE �� ,(J ®_ -0 ®j�rrPC6 we _. - � Anc- / ,Y / /q owP)Ql CY7Ylzc- J?d'r7 S&JV./�L!i Gd M 9 cfJooe&z w1 MIC4Z le&AQA)S, �9 we #,4cle S,4 y AAxrr7R r tm'A6- BcfD6677 -- 7D / -_ F -'� �-' �#� -- YaL 7:5 IAJ (j R W W 7ff /S HAS 07V&R ASO //45F 7blE - �- - -- - -- -. -- - - - �a /2 00 61 Hom'eles's Alliance*wYwk & ■fmftsk *dim to and 960 Main 8t. Buffalo, NY 14202 Telephone (716) 853 -1101 FAX (716) 853 -1750 www.Nvnyhomeless.org Chris Syracuse April 6, 2012 Alliance Chairperson . Dale Zuchlewski Executive Director Connie Sanderson Continuum of Care Coordinator On behalf of the Homeless Alliance of WNY and members of our Alliance, I am Rebecca Detler pleased to present our 2011 Annual Report on the State of Homelessness in Erie HMIS Coordinator County. I would also like to acknowledge the hard work of the Alliance staff that Kexin Ma worked diligently to put this report together. Research Coordinator Suckle smith While reading this report please keep in mind that while you are reading statistics Operations manager and comparing numbers, these numbers represent PEOPLE. These are people in Alecia Zimmerman Erie County vyho have or are facing the very traumatic experience of being Community Analyst homeless, many of them for the very first time. Michael Knott Anrericorps/vrsra stare The Homeless Alliance has taken great strides over the past few years to improve the data quality of participating agencies and those efforts will be ongoing, We hope this report helps to generate a genuine community discussion on homelessness and its root cause; poverty. This report will serve as the basis for the update to our PRISM Plan (Prevention, Resources, Independence, Services & Maintenance), our 10 -year plan to end homelessness. We also hope this report helps to educate the general public and those in a decision - making position on homelessness and ignites the conununity will to end homelessness. Thank you for taking the time to read this report and we hope you will be part of the continuing discussions on homelessness and poverty. Sincerely, Dale Executive Director RECEIVED AND FILED. 9 D 2011 Annual Report on the State of Homelessness in Erie County Executive Summary 1 In 2011 there were an estimated 5,050 people who experienced homelessness in Erie County. 492 people spent at least part of the year sleeping in places not meant for human habitation such as homeless camps, under bridges, abandoned buildings etc. This number is.likely to be under reported because this only counts those entered into the Homeless Management Information System (HMIS) system. Point in time numbers are a one day snapshot of the homeless population.. HUD requires that the point in time counts be conducted during the last ten days in January. Due to the severity of the weather conditions in the winter in Western New York, January is probably not the best time of the year to do a count in Erie County. The number.of unsheltered homeless in January is most likely to be lower than during other times of the year. Knowing this, it is estimated that there are approximately 1,000 homeless persons on any given night in Erie County. 135 people were found to be living on the streets in October of 2011 and 106 in January 2012. This number is likely to be under reported because it is difficult to encounter all of the unsheltered on any one day. The number of unsheltered homeless during our annual Point -in -Time count has dropped dramatically from 201 in January of 2010 to 106 in January of 2012 due to the added beds for the chronically homeless, Code Blue and the coordinated efforts of the Street Outreach Workers. We plan to do another:unsheltered count in the summer of 2012 to see if there are seasonal variations in this population. Program .- Emergency Shelter 2010 HMIS Count 2887 Estimated Total Count 4565 2011 Count 2595 Total Count 4282 Transitional Housing 506 581 546 662 Safe haven 20 20 25 25 Code Blue N/A N/A 88 88 Unsheltered 692 692 492 492 Total Unique Homeless Person 3715 5331 3399 5050 / There were 483 chronically homeless people entered into HMIS last year a decrease of 31 from last year. 2011 Annual Report on the State. of Homelessness in Erie County / An estimated 1,746 people in families experienced homelessness last year. 75% of the homeless families are single mothers. Almost 40% of the homeless children are under the age of 5. Male Single Two Parent Couple With No Parent Family Children 3% 20% Igo Grandparent(s) and Child 1% Foster Parents) 0% Female Single Parent 75% No children 6,779 . 20.0% 1 or 2 children 14,171 49.1% 3 or 4 children 3,848 65.2% 5 or more children 643 92.1% Female household by number of children ACS 2008 - 2010 3 - year estimates for Buffalo ► Over 22 % of the homeless are children under the age of 18, with another 11% in the 20 -24 age group. A total of 374 unaccompanied young adults (age 18 to 24) and 149 unaccompanied youth (age under 18) were homeless. 400 6___ 350 9 300 27 250 200 77 150 100 155 50 25 0 hNoi o �,° hy � ov a h �a o �°` y � fa x / 54% of the homeless are African American, 31% are white and 12% are Latina ola%.n ur runcan munerican', won - Hispanic 1619 54 Black or African American, Hispanic 50 2 %0 %0 White, N on- Hispanic 913 31 White, Hispanic 99 3% Other Hispanic — 201 7% Other Non - Hispanic �o 105 4 /o 2011 Annual Report on the State of Homelessness in Erie County / 40:% of the clients were homeless for this first time and another 30% that were homeless once or LwicC ui uic NdbL. Data Missing Multiple times but 6% does not fit: . chronic definition 11% First Time Chronic Homeless Homeless 13% 40% 1 -2 times in the past 30% / 33 % lived with family or friends prior to becoming homeless and 29% said Family Issues were the reason for their homelessness. Prior living situation Doubled up. Count Perce 1245 33% Shelter 634 17% - Emergency Rental by Client 544 15% Institutions 475 13% Place not meant for habitation 466 12%. Others 368 10% Self-re ported Reason of Homeless Count Percentage Family Issues: Household Disputes/ DomesticV!Qlente /Conflict with . 472 16.78% Legal Guardian or paren:t/Double up /Divorce or Separation / Death of Family ::: 1056 29% Member 159 5.65% Health: Mental health/ Health and safety /Medical Condition /Substance 753 21% Abuse 39 1.39% Economic Reasons: Loss of Job or income / loss of public assistance / ,.• . 'loss of transportation/ mortgage foreclosure/ no affordable 408: 119/0 housing/unemployment /utility shutoff Eviction 399 11% Release from1ristitution 210 6% Other: Relocation/ Fire Disaster/ Criminal Activity /Data:Missing etc. 837 23% / 67% of clients staved in emereencv shelter less than 30 days. Length of Stay Less than 30 days Client Count 1888 Percentage 67.12% 30 to 60 days 472 16.78% 60 to 90 days 168 5.97% 3 months to 6 months 159 5.65% 6 months to one year 87 3.09% More than .1 year 39 1.39% / 223 Veterans were homeless last year a decrees$ o64ifroM lAiyyeaV. " bout 10% of the homeless Veterans are female. 2011 Annual Report on the State of Homelessness in Erie County COMMUNITY CHECKLIST TO END HOMELESSNESS • We must develop the community and political will to end homelessness. • A Single Point of Entry into the homeless system must be developed. • We need to have all homeless service providers participate in data collection through HMIS. HUD & the VA have to fully implement shared data. Non- mandated HMIS shelters need to be convinced of the value of participating. • We need to coordinate available resources from federal, state, local and the private sector to end homelessness. CDBG, HOME, general fund and tax credits must be utilized. • New allocations of Emergency Solutions Grant funds should be focused on Rapid Re- housing. Any Prevention funds should be narrowly focused to ensure they are given to those with the most housing Farriers, especially single mothers with children under the age of 5. • More Housing First units need to be developed for the Chronically Homeless. • More Single Room Occupancy or Efficiency units need to be provided for single men and women who are homeless. • All Public Housing Authorities in Erie County need to assist in the effort to end homelessness • Every decision in government should have an "Impact Statement" discussing how the decision alleviates poverty and homelessness. • More living wage jobs must be created and jobs skills need to be taught to help people fill those jobs. • A coordinated community -wide effort must commence to identify and provide services to those who are repeatedly entering the shelter system, as well as other high cost service systems such as the health care and criminal justice systems. tie :r ad 61 adv 1101 PETITIONS May 1, 2012 00 6 M. DiPasquale, Agei it, Use 175 FuhYmann W for Renovations. to a 1 Story Metal Building (hrg 518 )(South) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OF FICE OF THE C ITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 3 �4 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 Floor, City Hall On: I am also informed that this is the only i I am not the owner or petitioner, I will i at 2:00 PM that the petitioner and or owner will receive, and that if said owner, petitioner or his/her agent of the above. Print Name I"L r I Q5 UDC PI Date OPT- h ATTENTION ( gent wner) it Cr ( L) 6t 2- 5 q 7& eh 2Z7 PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 04/16/2012 01 :47 PM Submitted By Mike Castro Page 1 AIP # 179726 Date 1 Time By bate I Time By Processed 04/16/2012 13:34 CASTM Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 3500000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group' Actual Valuation 0.00 Square Footage 1000.00 Name Description of Work — Common Council approval required— Fee & hearing required — Plans required'""`" 511- 67A(3)(b)Renovations to existing 1 story metal bldg to be used for public restrooms and accessory storage. Bike path and development of site for public access including parking. Dock for water taxi. Address combination w1225 Fuhrmann required. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 175 FUHRMANN BUFFALO NY 14203- Location Contact ID AC257866 Name POWER AUTHORITY OF Mailing Address 125 MAIN ST RM 110 Organization City BUFFALO State /Province NY ZIPIPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/08/1975 To Contact ID AC89316 Name THE STATE OF NY POWER AUTHORITY OF Mailing Address 175 FUHRMANN Organization City BUFFALO State /Province NY ZIPIPC 14203 -3105 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC301054 Name THE STATE OF N Y Mailing Address 125 MAIN ST RM 110 Organization City BUFFALO State /Province NY ZIPIPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/08/1975 To ❑ Foreign ❑ Foreign ❑ Foreign City of Bu GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 04/16/2012 01:47 PM Submitted By Mike Castro Page 2 No Addresses are linked to this Application No Addresses are linked to this Application 1210800001003100 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID TBB Name TO BE SID Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202- No Comments Check Fees Fees Failed .. n�° .' ' a3 . P.gel :xnz;%°' s f ,.,sRt�'a .2i x ea q E z 4ba . ; a a,€`" s � . . �d ' a '«.«'�>L: 'r •b'e1q 65E g � .A q�� .� ..`. E!i:P g�_ x' �y 9 "$"L,e ^P "3k .e'8ei "� $ 34Y"� NO ? g{{ E a ss. a S z t`'• ;,i a p ^ti �., ,pc.° ' E S 8 _ �".?S " "".,� fig.., ,g.%' . .9_ ... ", a d � Y �5 s `. -� 999999 HIM AC125720 TO BE BID Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Check Fees Fees Failed APPLICATION FEE ($50.00) Awaiting GC PLAN REVIEW -STORAGE ($35.00) Unpaid GC PMT, INSP, C OF 0 FEE - STORAGE ($28.00) Unpaid GC PMT,INSP,C OF O - INITIAL FEE ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 582685 ASB ASBESTOS SURVEY COMPLETED? Incomplete 582687 ASS COMB ASSESMENT COMBINATION OF PARCL Incomplete 582686 BCODEREV BUILDING CODE REVIEW Incomplete 582688 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 582684 ELEVATORS - CONVEYANCES BEING REMOVED? Waived 582689 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Chocked Check Children Status Children Successful Check Open Cases 0 APPLICATION FEE. A FINE FEE U GC PLAN REVIEW - STORAGE U GC PMT, INSP, C OF 0 FEE - STORAGE U GC PMT,INSP,C OF 0 - INITIAL FEE U Total Unpaid 313.00 Total Paid 50.00 0.00 35.00 28.00 200.00 0.00 City of Buffalo GG Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 04/16/2012 01:47 PM Submitted By Mike Castro Pag 3 City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 Report Date 04/16/2012 01:47 PM Submitted By Mike Castro Page 4 $ 1. >!* w § ��( \ \ � Air ,..k <i7A /f© � � } � \ ;\ ƒ� ) \. q.. 01H. 00 63 L. Nelson, Owner, Use 19 Wadsworth to Alter Use -l Floor Tavern 2nd Floor Two Apartments (hrg 5 /8)(Fill) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD t� Iv OFFICE OF THE CITY CLERK GERALD A. CH41 ALINSKI , City Clerk Registrar of Vital Statistics MARY H: BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics -0 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: I P of S / 1 a�fw►� Al To be held in the Council Chamber, 13 Floor, City Hall On: A 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 (Age 4 ) Print Name d C 14 /SO Phone # Date P M-M.N.. Mw=z a �W�W I �= � ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 Vl� (716)851 -4949 Fax(716)851 -5472 Report Date 04/17 10: 18 AM Su By Mike Castro Page 1 Alp # 179762 Data 1 Time Processed 0411 71201 2 10:13 Issued Final B Date 1 Time By CASTM Temp COO COO Expires Val ua ti on Declared Valuation 15000.00 Evening Phone Calculated Valuation 0.00 Mobile # Actual Valuation . 0.00 Owner Y From' 12/20/2006 To Contact ID AC350722 Name KENNETH BEAVER Description of Work — Common Council Approval wlhearing & fee required — 511 -57 C3 Allen Street District* *`Plans required — Alter of use in a 2 story frame mixed use bldg. w12 apts on 2nd floor and store on 1 st floor. New layout to be Tavern at 1 st floor and 2 Apts at 2nd floor. Contact Lazara 697 -9075 Parent Alp # Project # ProjectlPhase Name Phase # Size /Area Size Description a n : ➢8E �1�_ P% �� � W � B�� 9 ' _ 9 >S � i ?.Ke. °rte N,,q, �Y ll� �5 S + r. Yx. ' C°£Fe3' �. �. S '%A� ° , � SS£ L? _. "9& f 4�'. Address 19 WADSWORTH BUFFALO NY 14201 - Location Contact ID AC130529 Name KENNETH BEAVER Mailing Address 19 WADSWORTH Organization City ' BUFFALO State /Province NY Gauntry USA ❑ Foreign ZIPIPC 14201 Day Phone (716)207 -1453 x Evening Phone Fax Mobile # Occupant N From TO Owner Y From' 12/20/2006 To Contact ID AC350722 Name KENNETH BEAVER Mailing Address 31 PATTEN PKWY UNIT 217 Organization City CHATTANOOGA State /Province TN ZIPIPC 37402 Country USA Day Phone Evening Phone Fax Mobile # . Occupant N From To Owner Y From 04/25/2007 To Contact ID AC59968 Name BRUSSELL JEFFERY K Mailing Address Organization City 29 MAIN ST StatelProvince SOMERVILLE MA ZIP/PC: 02145 -1448 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Report: Date 04/ 17120,1210:1 B AM Submitted By Mike Castro Pa 2 Contact ID AC1223882 Name WESTAN JOHNSON Mailing Address 32 CENTRAL.AVE City LANCASTER ZIPIPC 14086 Day Phone Fax Occupant N From TO Contact ID AC358767 Name WENDES JONES Mailing Address 19 WADSWORTH ST City BUFFALO ZIPIPC 14201 Day Phone Fax Occupant N From To No Addresses, are linked to this Application No Addresses are linked to this Application . 1006900002001000. No Parcels are linked to this Application No Applicant Contacts Organization ATTN:PMI LLC State /Province NY Country USA ❑ Foreign Evening Phone Mobtle # Owner Y From 02/22/2005 To 05/06/2007 Organization State /Province NY Country ' USA ❑ Foreign Evening Phone Mobile # Owner Y From 04/25/2007 To Primary Y Capacity Type Effective Explre Contact lD OWNER Name OWNERfFENANT Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments 000000 SBU AC12792 OWNER OF PROPERTY 111111 MEL AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees APPLICATION FEE ($261.62) PERMIT FEE ($50.00) Check Inspections Check Reviews Fees Failed Unpaid Awaiting Inspections Successful Reviews Failed City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 �� 1 (716)851 -4949 Fax (716)651 -5472 Report Date 04/17/2012 10:18 AM Subm By Mik Castro Page 3 582722 CC APP COMMON COUNCIL APPROVAL REQ'D 582725 ELECTRICAL PLAN REVIEW REQT) 582727 FPLAN FIRE PREVENTION PLAN REVIEWREQ 582723 LANDMARK LANDMARK PROPERTY DISCTRICT 582728 PLAN REV - REVIEW REQUIRED 582729 PPLAN - PLUMBING PLAN REVIEW REQUIRED 582726 PRES PRESERVATION BOARD REVIEW 582730 SEWER SEWER PLAN REVIEW REQUIRED Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 175367 APPLICATION FEE PERMIT FEE There are no Inspections for this Report 582722 CC APP 0 582725 ELECTRICAL 0 582727 FPLAN 0 582723 LANDMARK 0 582728. PLAN REV 0 582729 PPLAN 0 582726 PRES 0 582730 SEWER 0 Detail 2. PLAN REVIEWS Comments No Comments U A Total Unpaid 311.62 N N 04/17/2012 10:13 N 04/17/2012 10:13 N 04/17/2012 10:13 N 04/17/2012 10:13 N 04/17/2012 10:13 N 04/17/2012 10:13 N 04/17/2012 10:13 Modified By CASTM 261.62 50.00 Total Paid 0.00 Modified Date/Time 0411 712012 1010 Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successful 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 USE Building Application Repor Date 041171201210: A M Subm By Mike Ca stro 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 Mult. Dwellings ® Building Code Review Q Revisions Req'd. far Bldg Code Rev. ❑ Citywide Site Plan Submission Check ❑ Revisions Req'd. for Citywide Site Sewer Code Review ❑ Revisions Required for Sewer Plans 0 Plumbing Code Review ❑ Revisions Required for Plumbing ® Electrical Code Review ❑ Revisions Required for Electrical ❑ HVAC (Mechanical) Code Review ❑ Revisions Required for HVAClMech. ❑ Elevator Code Review ❑ Revisions Required for Elevators ® Fire Code Review ❑ Revisions Required for Fire Bureau No Conditions tt-' € E;'z; °'i�x�rz -r There is no planning condition for this project. e No Records for This Search Criteria ® Work done by owner ❑ Residential ® Commercial ❑ Multiple Dwelling Existing Use store w!2 apt$ New Use tavern wl2 apts Dwelling Units Lost 0 Dwelling Units Added 0 Debris ❑ Zoning Board ❑ Work with out Permit (FINE) FLAT FEES ❑ Electrical ❑ Plumbing ❑ Heating City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 USE Building Application y Repart Date 04117120!2 10:18 AM Submitted By Mike Castro Page 5 1 00 04 J. Jarnot, Owner, Use 514 Legion North to Erect a Tall Ground Sign (hrg 518)(South) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD 0 5� OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics ' 65 NIAGARA SQUARE ROOM 9308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (7 16) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13 Floor, City Ball On: at 2:00 PM 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 (Agent nary Print Name _ - _ .J c3UIPu , Phone # 4 j q2- ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING Date City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 l✓"'" (716)851 -4949 Fax (716)851 -5472 Report Date 0411 91201 2 11:01 AM Submitted By FLD Page 1 . A/P # 179872 Date / Time By Date / Time By Processed 04/19/2012 10:51 DIGEF Temp COO Issued COO Final Expires Asso i ted Information Valuat 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 _DRIW�otion of Work " PLANSIZBA APPROVAL (511- 12K.(2)1COMMON COUNCIL APPROVAL AFTER PUBLIC HEARING AND FEE REQUIRED TO ERECT AN 8'X8'XB' TALL GROUND SIGN ON PRIVATE PROPERTY IN FRONT OF A MASONRY CHURCH IN AN R2 ZONING DISTRICT.AKA 520 NORTH LEGION. Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description Address 514 LEGION NORTH BUFFALO NY 14210- Location Contact ID AC265190 Name CAZENOVIA PARK BAPTIST Mailing Address 520 N LEGION DR Organization City BFLO State /Province NY ZIP /PC 14210 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 01116/1948 To Contact ID AC1318584 Name CHURCH CAZENOVIA PARK BAPTIST Mailing Address Organization City 520 N LEGION DR State/Province BFLO NY ZIP/PC 14210 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/23/2005 To 05/06/2007 Contact ID AC99043 Name CHURCH CAZENOVIA PARK BAPTIST Mailing Address Organization City 520 N. LEGION DR. State/Province BFLO, NY ZIP /PC 14210 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 0 Foreign 0 Foreign 0 Foreign City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 04/19/2012 11:01 AM Submitted By FLD Page 3 There are no Inspections for this Report 583024 PLAN REV 1 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS nGOMplete ■ 04/19/2012 10:5' S h I m N HE 2M v M odified - Modified Date/Time 04/19/2012 10:50 Bfic Arts Commission ❑ Arts Comm. Approval City Survey {con f) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council F) Admin OfficelApts R4 ❑ First Insurances Check Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year E) Encroachment E) CanopylMarquee ROW Lease showing Use ❑ Rodentivermin Bait encroachment ❑ Oversize Trucking ® Freestanding Sign ❑ SewerNVater Out ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility L) Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Restricted Use Permit ❑ Zoning/Use Check ❑ Tree over 4" at 4' City Planning ❑ Other ❑ Thruway Sign approval ED Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ 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 Detail 2. PLAN REVIEWS Comments No Comments PLAN REVIEWS Plans Review Required ❑ Simple Plan Review by Permit Office ❑ One- and Two - Family Plan Review ❑ Multiple Dwellings Plan Review ® Building Code Review ❑ Citywide Site Plan Submission Check ❑ Sewer Code Review ❑ Plumbing Code Review ❑ Electrical Code Review ❑ HVAC (Mechanical) Code Review ❑ Elevator Code Review ❑ Fire Code Review Modified By digef Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mult. Dwellings ❑ Revisions Req'd. for Bldg Code Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbing ❑ Revisions Required for Electrical ❑ Revisions Required for HVAC /Meth. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau Modified DataMme 0411 912 01 2 10:51 CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT &.INSPECTION SERVICES Blag n W;'lirown, Ma±r_:. NOTICE OF APPEAL (To be filed in duplicate with The Commissioner of the Department of Permit and Inspection Services, who will forthwith transmit to the Board of Appeals all papers constituting the record in the matter or, in lieu theroof, certified copies of same.) FROM '°.I`''SO f %� ; Ii/1/6 i Apellant. Gentlemen: Concerning the Application dated _ -- ZO / � , . . For Building Perrnit... --` And use At Premises f . � 7 (d L _, r Sa t' Which w enied -(3 'anted by the Commissioner of Permit and Services ra , The reason for Appeal From the�eal Grant is under section paragraph This notice of an Appeal from said denial or grant is hereby given within the. twenity days or three days, respectively, as required, from'the date of the decision of the Commissioner of Permit and inspection Services. I will forthwith file in duplicate all of the official forms of appeal with the required data thereon and here -with request duplicate copies of said officiafforms for said pmpose. Si6afure o ppe Address Dated 20 t DPIS 5/42 EDPIS 7106 CITY OF BUFFALO DEPARTMENT OF PE RMIT & INSPECTION SERVICES Byron W. Brown, Mayor Date Filed c 20 i Z Appeal from the Decision of the Department of Permit and Inspection Services ?o trte Baardgr jpp=&: An appeal is hereby taken from the decision of the Commissioner of Permit and Inspection Services 'l 2U i �' a copy of which is attached, for the purpose of reversing or modifying said decision to affect a variation from the requirements of the Zoning Ordinance, so as to permit the: do 'Extension, Alteration, Conversion, Use of in accordance with the application and plans filed with the Commissioner of Permit and Inspection Services, as herein below described: No. Aa Sou as est side of said Ave. /.St. _v JSr �:`� P A LA &( c' r + ? i - ( Distant t. Nortbl tl ast/West of _. . veAt. Name of Appellant __2ic ` Ar- 1 2 - i� - 4 Name of Owner r� Q Q'LOA s z0 Na Rn4 tom Size of Lot �ft front x _ .. __ . deep-(or if irregular see plat). Front yard to be Side yard to be ft Denth of Rear varrt to he fr U';AtT of CHARACTER AND USE EXISTING 13UI DING . 4M PROPOSED BUILDING Size of Building ft. front x ft.deep ft. front x ft. deep Height Character of Construction ft. stories Frame Slow Burning Brick, etc. Fireproof ft. stories Frame Slow Burning Brick, etc. Ei roof Are there any private restrictions as to uses and yards, setbacks or building lutes on this property? (If so attach copy) Zoned as Has there been any previous appeal to this Board for these premises? If so, when and further, if so, is there now any new evidence to Be submitted which could not be presented at the previous hearing? Attached hereto and made a part of this appeal, are submitted all papers as required. STATE OF NEW YORK COUNTY OF ERIE ss. CI TY OF BUFFALD. O c5p e,4 'TA R t.a s p— read all t$e above statmtents and I ' bats are ry o deposes andsays tfratfre f;as kiwzus tfic rmitercts �f and drat tFre onic are true to &,+ nFk r...rr Appendix C State Environmental Quality Review SNORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIO Only PART I -PROJECT INFORMATION TO DO cam IDT80 v q "Foal yr - - 1. APPLICANT /SPONSOR 2. PROJECT NAME 3, PROJECT LOCATION: _ Municipality �� r'� L � County 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide mapj 5. PROPOSFA ACTION IS: ['I W Expansion tS. L+ESCRIBE FROJEC,T BRIEFLY: KFl? __ Y ARD Madiflcation /alteration C� A.)p S I C� N 7. AMOUNT OF LAND AFFECTED. acres .Initially acres Ultimately 8. WILL PROPOSED ACTION CO PLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? El Yes If No, describe briefly S. WHAT )S FyEgENT LAND USE IN VICINITY OF PROJECT? eaidential .Q industrial 0 Commercial Agricult E] ParWForest/Open Space other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATE LY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LO )? Yes 0 If Yes, list agency(s) name and parmitlappravais: 11. DOES ANY ASPECT OFT ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yea o If Yea, list agency(s) name and permitlapprevals: 12. AS A RESULT OF PROP D ACTION WILL EXISTING PERMlT1APPROVAt REQUIRE MODIFICATION? Lj Yes No ICERTIFYTHATTHEINFORMATIONPROVIDEDABOVEISTRUETOTHEBESTOFMYKNOWLEDGE . ����, AppliApplicant/sponsor name: CCU $ Data: Signature: If the action is in the Coastal Ai Coastal Assessmen Form �s H Pit LAA 1 40 ` 4 — KINGSTON ( . PLACE F — - -- r.�. i.uAr I.SNE 'SOU,NEAS,E9LY uw OF -p 'aN PVCE L �o 90.09 .I-s 9 0.00 .00 ( �� F P, A �' i �•� I I 4 Y 3 w I I O.-INE 1 13 Y ISI { s ow p c 50 A ,� g tzY'''LizOT 1 111 J I [ �S� 1- I 3`68 L J MUae.9sIE6Lr UNE n x $ covE4 sro co Q ss.39.0 "°>n Y xE yr _ u CAI 1 90.00• 1- I � I 9o.W - � .0.90 - Y_ 900 �J AO OR6' 9qa� - , •,_• „— — .._�._ _ � ._ _ m m C73f d $a`:: - 1 J r 1 - e, , d .o.ao' .om• 9a.00 "rvw• ra,ao- 't. xo o ,- 8 1 mo3 rl -SUM01 'rY I I I - I r` mg. �� I L Y 1 ` f `�� .,R ss � •su&w* T 3' � � ti � �`g � I I o � �- suolnr �suecar I „ 1T1 r o EUMM ' 1\ 1 e 3 t e•- , I '� -svecm a I. Jf CO nr I ? 1 1` a �s'Ainr I a s.9n., a Iu9m9 e[o wloy V o N Io l I - ' °• 1 1 Y - -�l 1 i ,,` x„ � I!I i, { ' L - �`' I I ' \ I I 51.30 _ , I _ /39.99 !9.899' 3 .999 . "39.99 r,' 3999 39. 39,541 .39.9&1' ]4.99.' 3999.1 3999 � y 19.99 >' 57f [ 2 NWMHE$TMV UHE OF . P �s Ol r T L wioE � a� l �EP—d z . bP LOCATION. C[tY OF BUFFALO SGT OF CO[ =M OF fRtE, 5FA7E OF Nfup YORK , " -30' p �e. � Associates Fpli E - PART OF 1.0 52. 7OWNSIaR 10, RANGE 7 aF THE BUFFALO CREEK RE$RVATIIIN DRAWN 6Y: �® Ammachm. eowwklg and $11ryBft p.G ®� O. a REYES 768 Main Stem, &dlak4 N.W York X= MAP COVEfi`. 518: WV 7' SL - 11 a C'LY 26' SL - 12 CHECHEO RY- • ` 7 TO K WM95 IF MM UM ' MAP COVER: 1296; SLS -3 -15, 18 -22 INCLUSIVE. 9. E. WELLS PI16Vff; (116} 8,56 -3933 Fl): (7161 8Ya_ -3965 W'LY 1 /2 SL -2. E'LY 31.20' SLS -,¢ ar 23 _ REVSS K7N RESURVEY.. a9+sromwul9,rarW u *wsaa oarW fe.mtxanx • - r.v p r.:wd W9AU Vim .. r4o.wrl 9a r '_ I� . w9.IL lew,bala91�.1.,�e. - —._ __..,. _- v3191a9 gsNV699wID14A ' r-Im 9 Pk Mal 00 65 April 16, 2012 Ms. Dawn Sanders, Executive Director Buffalo Municipal Housing Authority 300 Perry Blvd. Buffalo, New York Ms. Sanders, �a�C -60) InA v ve, QP)t /6, a 1!-' � /r . I have been requested by Marine Drive residents, as a BMHA Elected Commissioner, to inform you regarding their very real concerns. Residents of 79 Marine Dr. have signed a petition to relay to you their concerns regarding the maintenance of their building, These are the same concerns voiced over the past year and a half of management by the Buffalo Municipal Housing Authority. The concerns are also about one employee that has not performed his duties properly when it comes to both the cleaning of their building and his communication with residents. It seems that more than once he as also had conflicts w with other B residents MHA employees and o clean their own floors. He h and it appears that he is not held accountable because of his relationship to an Assemblywoman. It has come to my attention that the The have requested thatfl are aware of this e because they problem and have not addressed it. he residents fear retaliation if they do so themselves. ds e no other alternative but requests help. this problem have gone unheeded that e Hopefully the enclosed petition will be enough for the a daily Executive S Director to take care of the very pressing situation residents contend Do not hesitate to call me (716) 854 -2552 with any questions. - - -- Re pectfully, Sep as C%�MHA Resident Elected Commissioner Cc: Chairman Michael Seaman Vice Chair Ron Brown Commissioner Payne Commissioner Diallo Commissioner Shell Commissioner Brown bF _ j9 k/ e s Common Council Members: Richard Fontana Demone A. Smith Bonnie Russell David Fronczyk Michael Locurto David Rivera Joseph Golembek Joseph Romanowski, NYS HCR William Travis, President Local 264 Leonard Skrill, Upstate Director of Development HCR Joseph Makowski kx April 9, 2012 Attention: Paula Sebastian Manager, Marine Drive Apartments From: 79 Marine Drive (Ebbtide) Residents As manager of Marine Drive Apartments we believe you want every building maintained in top condition. Sadly, even though significantly heavy traffic demands DAILY, THOROUGH CLEANING and BMHA pays employees for that purpose, here it rarely happens. We wonder why not since the personnel and tools are available? Some problems you must not be aware of.. . 1. Elevators get cleaned only when residents or the weekend crew clean them 2 Bits of paper and splatters remain on their floors day after day 3. Laundry and lobby areas get infrequent or poorly done cleaning 4. Windows on every floor are filthy because they have not been cleaned for months! We comply with our financial obligations by paying our rent on time EVERY month. It is only right that maintenance be equally addressed EVERY day. We want to be proud of our home and trust that you will give these clearly enumerated needs your prompt and serious attention. Thanking you in advance, April 9, 2012 Attention: Paula Sebastian Manager, Marine Drive Apartments From: 79 Marine Drive (Ebbtide) Residents As manager of Marine Drive' Apartments we believe you want every building maintained in top condition. Sadly, even though significantly heavy traffic demands DAILY, THOROUGH CLEANING and BMHA pays employees for that purpose, here it rarely happens. We wonder why not since the personnel and tools are available? Some problems you must not be aware of... 1. Elevators get cleaned only when residents or the weekend crew clean them 2 Bits of paper and splatters remain on their floors day after day 3. Laundry and Iobby areas get infrequent or poorly done cleaning 4. Windows on every floor are filthy because they have not been cleaned for months! We comply with our financial obligations by paying our rent on time EVERY month. It is only right that maintenance be equally addressed EVERY day. We want to be proud of our home and trust that you will give these clearly enumerated needs your prompt and serious attention. April 9, 2012 Attention: Paula Sebastian Manager, Marine Drive Apartments From: 79 Marine Drive (Ebbtide) Residents As manager of Marine Drive Apartments we believe you want every building maintained in top condition. Sadly, even though significantly heavy traffic demands DAILY, THOROUGH CLEANING and BMHA pays employees for that purpose, here it rarely happens. We wonder why not since the personnel and tools are available? Some problems you must not be aware of... 1. Elevators get cleaned only when residents or the weekend crew clean them 2 Bits of paper and splatters remain on their floors day after day 3. Laundry and lobby areas get infrequent or poorly done cleaning 4. Windows on every floor are filthy because they have not been cleaned for months! We comply with our financial obligations by paying our rent on time EVERY month. It is only right that maintenance be equally addressed EVERY day. We want to be proud of our home and trust that you will give these clearly enumerated needs your prompt and serious attention. Thanking you in advance, April 9, 2012 Attention: Paula Sebastian Manager, Marine Drive Apartments From; 79 Marine Drive (Ebbtide) Residents As manager of Marine Drive Apartments we believe you want every building maintained in top condition. Sadly, even though significantly heavy traffic demands DAILY, THOROUGH CLEANING and BMHA pays employees for that purpose, here it rarely happens. We wonder why not since the personnel and tools are available? Some problems you must not be aware of... 1. Elevators get cleaned only when residents or the weekend crew clean them 2 Bits of paper and splatters remain on their floors day after day 3. Laundry and lobby areas get infrequent or poorly done cleaning 4. Windows on every floor are filthy because they have not been cleaned for months! We comply with our financial obligations by paying our rent on time EVERY month. It is only right that maintenance be equally addressed EVERY day. We want to be proud of our home and trust that you will give these clearly enumerated needs your prompt and serious attention. 0 Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO May 4, 2012 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. 66 PASSED May 1, 2012 Appoint Cellblock Attendant (Penn)(Max)(Hanahan)(Pol) Gerald A Chwalinski City Cleric hi N -`. Cn •a r%). 00 66 Appoint Cellblock Attendant (Perm)(Max)(Hanahan)(Pol) (ccp# 16,04117) Mrs. Russell moved That Communication 16 of April 17, 2012, be received and Filed and that the Permanent Appointment of Margaret Hanrahan, 272 Baraga St, Buffalo, NY 14220 at the Maximum Salary of $36,119.00 is hereby approved PASSED AYES -8 NOES -0 Recommended by the Committee on Civil Service , a City Clerk's ]department. BUFFALO May 4, 2012 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. 67. PASSED May 1, 2012 Appoint Deputy Corp Counsel (Perm)(Max)(Cadle)(CC) Gerald A Chwalinski City Clerk APPROIFF.D c Y � MAY 14 202 r w. .. kfl AYC3A 00 .67 � Appoint Deputy Corp Council(Perm)(Max)(Cadle)(CC) (ccp# 18, 04117) Mrs. Russell moved That Communication 18 of April 17, 2012, be received and Filed and that the Permanent Appointment of Delia Cadle, 39 Larchmont, Buffalo, NY 14214 at the Maximum Salary of $82,326.00 is hereby approved PASSED AYES -8 NOES -0 Recommended by the Committee on Civil Service * ATE * NO * * FOONTANA * - FRMCZYIK * '� * GOLOMB►E LOCURTO * PRIDGE T. RUSSELL maj $ - 6 City Clerk's Department BUFFALO May 4, 2012 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. 68 Appoint Assistant Corp Counsel(Perm)(Dolin)(CC) PASSED May 1, 2012 Gerald A Chwalinski City Clerk I MAY 14 1012 W m 3 "C c.n rn ry 00 6N Appoint Assistant Corp Council(Perm)(Max)(Dolin)(CC) (ccp# 19, 04117) Mrs. Russell moved That Communication 19 of April 17, 2012, be received and Filed and that the Permanent Appointment of Bryan Dolin, 25 St..Johns PI Apt 2, Buffalo, NY 14201 at the Maximum Salary of $53,686.00 is hereby approved PASSED AYES - 8 NOES -.0 Recommended by the Committee on Civil Service 3 *AIE *NCB* FONTANA ERANCZYK GOLOMBEK * LG+CURTO * PRWGEi1 . Rb AZ s 20-- ` 1 *4 - 7 3 - City Clerk's Department BUFFALO May 4, 2012 HON. BYOON 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. 69 PASSED May 1, 2012 Appoint Sr. Deputy Corp Counsel(Perm)(Savage III)(CC) Gerald A Chwalinsk City Clerk s .•. C.9" tat.: -< N 00 09 Appoint Sr. Deputy Corp Council(Perm)(Max)(Savage III)(CC) (ccp# 20, 04/17) Mrs. Russell moved That Communication 20 of April 17, 2012, be received and Filed and that the Permanent Appointment of Peter Savage 111, 34 Blantyre, Buffalo, NY 14216 at. the Maximum Salary of $84,564.00 is hereby approved PASSED AYES -8 NOES -0 Recommended by the Committee on Civil Service \VIq �v 'kAYE * NO FONTANA �r FRANCZVIK GOLOWUS . LOCURTO! m 213-6 * �S - 3k- 7 . 00 6 Notices of Appointments- Temp/Prov/Perm 1 1�� CCP #32, 4/7 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Services FINANCE \,A (Michael J. LoCurto Chairman) 00 7! Al i Inventory Audit of Laptops and Telecommunications Deviees(Compt) CCP #6, 4/17 Mr. LoCurto moved That the above item be the same and hereby-is Received and Filed ADOPTED /10064 Recommended by the Committee on Finance p o 00 '7`? e \ 2012 -2013 Budget(Sewer) CCP #26, 4117 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance Q® 72 �k Bflo Water - Monthly Board Report- March 2012 CCP #37, 4117 Mr. LoCurto moved That the above item be the. same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 11, 00 74 �p NYS Comptroller -Debt Statement CCP##45, 4/17 Mr. LoCurto.moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00 75 �o M. Kearns -A. Hovey -South Park HS Managing - Taylor Park CCP #46, 7112 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 1-D QQ 7C Response - Healthcare Dependent Audits(Comp) CCP# 18,10119 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED o Recommended by the Committee on Finance 00 7 1, 1 1 %V Healthcare Dependent Audits(Exc Resolves) CCP #104, 917 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance �N COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) A t City Clerk's Department BUFFALO May 4, 2012 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. 78 PASSED May 1, 2012 Report of Proposals and Contact Award LaSalle Park Skateplaza Master Plan (PW) Gerald A Chwalinski City Clerk a N ®Q 7 Report of Proposals and Contract Award — LaSalle Park Skateplaza Master Plan (Comm. No. 14, C.C.P., Apr. 17, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Golombek moved: That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of Twenty - Four Thousand Six Hundred Dollars ($24,600.00) to New Line Skateparks, Inc., to be funded through Account #33400306 - 445100, and an account to be named at a later date. Passed. TAwp60\.WTOUNC1L4 -1 -l2 meetingaepon of Proposals and Contract Award - LaSalle Skatepark.docx 00 7 Erie Canal Harbor Dev Corp -SEQR Gallagher Beach Sand Sustainability Study (C,C.P. #43, April 17) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 1`� Q0 q, () . D. Pridgen -D. Gervasi- Relocate Engraved Stars from Chippewa to 600 Block of Main (C.C.P. #46, April 17) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development �k QO 8 �J Report of Sale -521 Broadway (Ell)(Strat Plan) (C.C.P. 971, April 17)(C.C.P. #7,2/21) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development \�O 00 s`? D. Smith- Concerns Reconnecting Humboldt Pkwy (C.C.P. 457, Jan 24) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Develo i� 00 83 D. Smith -A. Rudnick - Urging NYSDOT for Rescission of Notice of Intent On Peace Bridge Exp Proj (C.C.P. #57, Oct 4) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development . \k, QQ 81I Request Two Yearly Electronic Recycle Days (C.C.P. 472 Dec 28) . Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Development 3 00 8r T. Williams- Concerns 114 Wyoming (C.C.P. #52, Oct 5) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Community Develo LEGISLATIO N (Darius G. Pridgen, Chairman) QQ SO �'?J Extension of Hours (existing restaurant) — 727 Elmwood (Del) (Item No. 49, C.C.P., April 17, 2012) Mr. Pridgen moved: That the above communication from the Department of permit and Inspection Services dated April 17, 2012, be received and filed; and That the application of K. Brinkworth, owner, to extend the hours for a rear patio and to allow recorded music to be played with speakers outdoors, is hereby denied. Recommended by the Committee on Legislation L TAwp6GVRPICOUNCU5 -1 -12 meetin ff xtension of Hours -727 Elmwood.doex Chairman �V City Clerk's Department . BUFFALO May 4, 2012 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. 87 PASSED May 1, 2012 M. Christian, Owner, Use 1416 Hertel- Place Sidewalk C66 W1Awning in Front of Existing Rest(hrg 4/24)(Del) Gerald A Chwalinski City Clerk MAY 14 2012 fti 7 t< r- � a 00 87 Proposed Awning — 1416 Hertel Place Sidewalk Cafe (De;)(EDPI) (Item No. 50, C.C.P., Apr. 17, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on April 24, 2012, the application of M. Christiano, as owner, to install an awning to 1416 Hertel is hereby approved, subject to the following conditions: 1. No outside music; 2. No outside trash receptacles; 3. Tables to be bused and cleaned regularly; 4. Patio to close at 11:00 pm Sunday through Thursday and at 12 midnight on Friday and Saturday. Passed. Recommended by the Committee on Legislation TAwp60\W\COUNClL\5 -1 -12 meetingTroposed Awning -1416 Hertel Place.doox Chairperson d'y City Clerk's Department BUFFALO May 4, 2412 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. 88 PASSED May 1, 2012 D. Forness, Owner, Use 197 Allen for a Bar /Sit in Restaurant and Sidewalk Cafe(hrg 4 /24)(Fill) Gerald A Chwalinski City Clerk APPROVED� MAYOR 1 � 00 881 Change In Use —197 Allen (Fill) (Item No. 51, C.C.P., Apr. 17, 2012) Mr. Smith moved: That the above communication from the Department of Permit and Inspection Services dated April 17, 2012, be received and filed; and That pursuant to Section 511- 57C(3) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to D. Forness, applicant, doing business at 197 Allen, to change use from a store to a bar /sit -in restaurant for under 50 people and a sidewalk cafd. Passed. TAwp6olWNCOUNOW -1 -12 meetingkhange in use -197 Allen.doc - J e. City Clerk's Department BUFFALO May 4, 2012 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. 89 PASSED May 1, 2012 R. Bender, Agent, Use 2200 Elmwood- Erect Signage to a SitO In Rest(no hrg)(North) Gerald A Chwalinski City Clerk . 47T Qn r- N 00 Ground Sign — 2200 Elmwood (North) (Item No. 52, C.C.P., Apr. 17, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated April 17, 2012, be received and filed; and That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to R. Bender, Agent, for a ground sign located at 2200 Elmwood. Passed. Recommended by the Committee on Legislation Chairman a� TAwp60VRPNCOUNCFL%5.1 -12 meeting \Ground Sign -2200 Elmwood.dom City Clerk's Department BUFFALO May 4, 2012 HON. BYOON 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. 90 PASSED May 1, 2012 Restaurant Dance Class III- 334 Delaware (Ell)(EDPI) r•Y V T i Y Gerald A Chwalinski City Clerk 00 09 Restaurant Dance Class III 334 Delaware (Ell)(EDPI) (Item No. 22, C.C.P., Apr. 17, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class III License located at 334 Delaware d/b /a Sinful. Passed. Recommended by the Committee on Legislation Chairman aS TAny6OVRNCOUNC1L15 -1 -12 meelingVesta m tdance class [11 -376 Delaw mdm s SAYE * FONTANA FRMCZYK - GOLOAHW LOC[R.TO FERAL - R�StSE�►L � � � � SNUH . s City Clerk's Department BUFFALO May 4, 2012 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. 91 PASSED May 1, 2012 Restaurant Dance License Renewal- 416 Pearl St(Ell)(EDPI) Gerald A Chwalinski City Clerk 00 9 Restaurant Dance Class IV (Renewal) — 416 Pearl Street (Ell)(EDPI) (Item No. 24, C.C.P., Apr. 17, 2012) Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License (Renewal) to Tony Vaillant d/b /a Barcelona On Pearl, located at 416 Pearl Street. Passed. Recommended by the Committee on Legislation TAwp6NW \C0UNCIL \5 -I -I2 meeting'Restaurant dance class IV renewal -419 Pearl.docx Chairman �U 28 -- G .fd - 7 *AYE *NO* FOWANA . FPuANCM GOLODUCK LGCUR.TG PRIDGEN . PJVIMA RUS 'TS 28 -- G .fd - 7 00 92 J. Brem- Supports Bflo Pres Bd Recommendation to Landmark Trico Plant I (C.C.P. #34, April 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 00 03 D. Pridgen -R, Stevenson- Concerns Historic Landmark of Trico Plant I (C.C.P. 435, April 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee an Legislation 00 94 Application for Landmark Design -791 Washington aka 817 Washington (hrg 4 /24)(Pres Bd)(Item No. 2 C.C.P., April 3, 20 12) That the above communication be, and the same herby is returned to the Common Council without a recommendation. Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation. Adopted. �r 4 � I "'f QQ �r J. Golombek -B. Radle- Support Ctr of Academic Excellence to ECC City Camp (C.C.P. #52, March 20) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 00 J. Golombek- Proposed Ord Amend- Chapter 263 - Operation of Business (C.C.P. #51, March 20) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 1 00 97 D. Smith - Article -The Right Way to Redistrict Now (C.C.P. #36, March 6) Rev. Pridgen moved: That the above: item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation n7, � 9.1 Q® IQnj8 T. Williams- Concerns 114 Wyoming Avenue (C.C.P. #30, Dec. 27) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 3�' 0s l� 0 99 User Pee Questions (exc res) (C.C.P. 495, Dec. 13) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 00100 Ground Sign --- 68 Barker (Nia) (Item No. 61, C.C.P., Jan. 24, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated January 24, 2012, be received and filed; and That the application of R. Johnson, agent, for a ground sign located at 68 Barker, is hereby denied. Recommended by the Committee on Legislation Chairman �, )r NI 3S TAwp6DV"NCO11NCIl.15 -1-12 meeting\Graund sign -68 Barker.doe 001®1. � "A Free Standing Sign —1131 Delaware Ave. (Ell) (Item No. 44, C.C.P., March 6, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated March 6, 2012, be received and filed; and That the application of J. Swezy, Owner, for a free standing sign located at 1131 Delaware Avenue, is hereby denied Recommended by the Committee on Legislation �E 1-1 TAwp60V"NC0UNC1U5 -I -12 meeliagWree- standing sign•1131 Delaware.doc Chairman �J� 0010q � M. LoCurto -Food Store License for 2248 Main St. (C.C.P. #76, Sept. 6) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation h� City Clerk's Department BUFFALO May 4, 2012 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. 103 Food Store(New) 471 E. Ferry(Masten)(EDPI) PASSED May 1, 2012 Gerald A Chwalinski City Clerk - at 00103 t Food Store License (New) — 471 East Ferry (Masten)(EDPI) (Item No. 21, C.C.P., March 6, 2012) Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Nabil M. Alawdi dlb /a Alawde Food Market located at 471 East Ferry upon the following conditions: 1. The deli -gas station operations will be in accordance with previously established rules for operation set by the City Common Council; 2. The deli's hours will be 7:00 a.m. to 10:00 p.m. daily; 3. There will be two shifts in which there will be adults supervising overall operations; 4. Gasoline pump sales and operations should not be turned off without on -site supervision; 5. The sale of tobacco products will include flavored products targeting children, glass tubes or blunts; 6. Property lights will be on 24 hours a day, 7 days a week for security purposes; 7. No outside advertising signage; 8. Garbage receptacles will be maintained inside and outside the property; 9. Property will be cleaned daily — interior and exterior; 10. Owners have agreed to assist with the neighborhood's continuing efforts to maintain streetscapes and vacant lots along East Ferry Street. Passed. Recommended by the Committee on Legislation Chairman 3 � TAwp60VRACUUNCII.15 -1-12 meetinglfood store licens�newA71 E Feny.docx 00.04 I - el Food Store License (New) — 2248 Main (Del)(EDPI) (Item No. 33, C.C.P., Feb. 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for denial. Mr. Pridgen moved: That the application to issue a Food Store License to Majed Ali dlb /a A & H Main Florence Grocery Deli located at 2248 Main Street, is hereby denied. Recommended by the Committee on Legislation Chairman Ih C' t-� � TAwp60UW\COUKM\5 -1 -12 meeting%fbod store license -new -2248 Main.docx '3 � ®105 J. Giambra -Info Re Plan to Consolidate all Three ECC Campuses (C.C.P. #37, June 14) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 1 . 0 0 1 or, D. Smith - Recommendations for Zoning Changes (C.C.P. #61, April 5) Rev. Pridgen moved: That the above item be the same and hereby is Referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation 00107 Budget Amendments (C.C.P. #47, Nov 30) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed_ ADOPTED Recommended by the Committee on Legislation u� RESOLUTIONS May I, 2012 00.08 RESOLUTION By: Mr. Fontana Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9121 AND SENATE BILL 5.5409 -A, "AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO REQUIRING PHARMACISTS AND PRACTITIONERS TO CHECK THE CONTROLLED SUBSTANCE ABUSE REGISTRY BEFORE PRESCRIBING ANALGESICS" WHEREAS: Bill A.9121 has been introduced in the New York State Assembly and Bill S.5409 -A has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "an act to amend the public health law, in relation to requiring pharmacists and practitioners to check the controlled substance abuse registry before prescribing analgesics," are also known and may be cited as the "Michael David Israel Controlled Substance Registry Reform Act;" and WHEREAS: Passage of these Bills would create a requirement that practitioners check the controlled substance abuse registry before prescribing painkillers to help crack down on painkiller abuse and direct the Commissioner of Public Health to establish an enforcement system; and WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people .across New York State who battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin; and WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65 prescriptions being written for every 100 residents; and WHEREAS: One common method that abusers use to obtain prescription drugs is through a method called "doctor shopping:" Doctor shopping is a method in which a person might obtain several prescriptions from several different doctors for the same ailment and then have all the prescriptions filled at various pharmacy locations; and WHEREAS: If enacted, this legislation would reform the broken system in New York State of the controlled Substance Registry by providing a real time reporting system that doctors and pharmacists would be required to participate in and check prior to prescribing or dispensing controlled substances; and b � WHEREAS: Passage of these Bills would also give doctors access to the patient's history of admittance to substance abuse centers so that they can actively review the patient's history of substance abuse. In the case of Michael David Israel, Michael was prescribed controlled substances by his doctor two days after he checked out of a substance abuse center. If his doctor had access to real time information, he may not have written such a prescription; and WHEREAS: The reforms put forward in these Bills will help doctors treat patients and help pharmacists prevent doctor shopping. and forgery, thus helping to keep controlled substances from making their way to addicts on the streets; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City.of Buffalo requests the enactment of New York State Assembly Bill A.9121 and Senate Bill S.5409 -A, "an act to amend the public health law, in relation to requiring pharmacists and practitioners to check the controlled substance abuse registry before prescribing analgesics;" and BE IT FURTHER RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a Home Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this. Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples- Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule .Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247. 'chard A.-Fontana Council President Lovejoy District Council Member .r%EFERREd' THE COMMITTEE O N LEGISLATION. 00109 n T h" RESOLUTION By: Mr. Fontana Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.8320 AND SENATE BILL S.5720 =A, "AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CREATING AN ON -LINE REAL TIME CONTROLLED SUBSTANCE REPORTING SYSTEM TO MONITOR THE PRESCRIBING OF CERTAIN CONTROLLED SUBSTANCES" WHEREAS: Bill A.8320 has been introduced in the New York State Assembly and Bill S.5720 -A has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "an act to amend the public health law, in relation to creating an on -line real time controlled substance reporting system to monitor the prescribing of certain controlled substances," are also known and may be cited as the "Internet System for Tracking Over - Prescribing (I -STOP) Act;" and WHEREAS: Passage of these Bills would establish an on -Mine, real time controlled substance reporting system to require practitioners and pharmacists to search for and report certain information at the time a prescription for a covered drug is dispensed in order to identify and eliminate the abuse and diversion of schedule II, III, IV and V controlled substances; and WHEREAS: Enacting this legislation is necessary because the United States is experiencing an epidemic of prescription drug abuse. Americans consume 80% of the supply of pain pills in the world and the Drug Enforcement Agency ( "DEA ") has found that more than 7 million Americans admit to abusing prescription drugs. Further, the DEA has concluded that prescription drugs have surpassed marijuana as the number one gateway drug for first -time drug abusers in the United States. This is evidenced by the fact that emergency room visits for reactions to opioid painkillers, like oxycodone, more than doubled from 2004 to 2008; and WHEREAS: In New York State, the number of prescriptions for all narcotic painkillers has increased from 16.6 million in 2007 to nearly 22.5 million in 2009. In Buffalo, Catholic Health System, New York's largest methadone clinic outside of New York City, is beginning to reorganize its services to accommodate an increase in care needed to treat the number of addicted expecting mothers and their newborns; and WHEREAS: The solution to the over - prescription of controlled substances, such as OxyContin, is practitioner and pharmacist awareness. Yeshiva University conducted a two -year review of administrative and medical records of more than 1.600 primary care patients who received regular prescription opioids and found that less than half of the patients saw their physicians regularly; and WHEREAS: If enacted, this legislation would connect practitioners and pharmacists to a greater source of centralized information to avoid over - prescribing, and help to identify and treat patients who seek to abuse prescription drugs. In addition, this legislation would furnish objective and highly - relevant data to bona fide healthcare professionals, while shining a spotlight on those who enable and profit from drug abuse; and WHEREAS: 43 . states currently have some form of prescription drug monitoring laws and New York State currently operates only a limited, prescription monitoring program; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly Bill A.8320 and Senate Bill S.5720 - "an act to amend the public health law, in relation to creating an on -line real time controlled substance reporting system to monitor the prescribing of certain controlled substances;" and BE IT FURTHER RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward eleven (11) copies of this Resolution and eleven (11) completed copies of a Home Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, AIbany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Sean Ryan, 324 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Mark Grisanti, 902 Legislative Office Building, Albany, NY 12247. I � " -I Z11 L 42 ry= Richard A. Fontana Council President REFERRED TO THE COMMITTEE Lovejoy District Council Member ON LEGISLATION. 001.0 RESOLUTION By: Mr. Fontana Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9097 AND SENATE BILL S.6179, "AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE MENTAL HYGIENE LAW, IN RELATION TO REQUIRING DISCLOSURE OF ADDICTION RISKS FOR CERTAIN PRESCRIPTION DRUGS" WHEREAS: Bill A.9097 has been introduced in the New York State Assembly and Bill 5.6179 has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "an act to amend the Public Health Law and the Mental Hygiene Law, in relation to requiring disclosure of addiction risks for certain prescription drugs," are also known and may be cited as the "Michael David Israel Patient Information Act;" and WHEREAS: Passage of these Bills would require disclosure of addiction risks for certain prescription drugs; and WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their doctors; and WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for hydro codone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65 prescriptions being written for every 100 residents; and WHEREAS: If enacted, this legislation would require that patients receive information about the potential risks of addiction to certain kinds of drugs as well as the.local resources available to them if they feel they are becoming addicted. In the case of Michael David Israel, more information from the outset about the danger of opiate painkillers as well as local treatment options could have helped save Michael's life; and WHEREAS: The City of Buffalo does not have.the power to enact such legislation on its own by local law. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly Bill A,9097 and Senate Bill S.6179, "an act to amend the Public Health Law and the Mental Hygiene Law, in relation to requiring disclosure of addiction risks for certain prescription drugs;" and BE IT FURTHER RESOLVED :. That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this Resolution and ten (10) completed copies of a Home Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples - Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247. Richard A. Fontana Council President Lovejoy.District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION.' 0011 RESOLUTION By: Mr. Fontana Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9102 AND SENATE BILL 5.6180, "AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO CONTINUING MEDICAL EDUCATION FOR DOCTORS, NURSES AND PHARMACISTS" WHEREAS: Bill A.9102 has been introduced in the New York State Assembly and Bill 5.6180 has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "an act to amend the education law, in relation to continuing medical education for doctors, nurses and pharmacists" are also known and may be cited as the "Michael David Israel Physician Training Law;" and WHEREAS: Passage of these Bills would create a requirement that doctors, nurses, and pharmacists complete at least 3 hours of continuing education on opiate analgesics and psychotropic drugs each year; and WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and WHEREAS: Michael's story is not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent University at Buffalo study of 75. addicts, 41 percent reported their addiction began with medicine prescribed legally by their doctors; and WHEREAS: The rate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for hydrocodone, fentanyI and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65 prescriptions being written for every 100 residents; and WHEREAS: If enacted, this legislation would require medical professionals to continue to receive training and education on the dangers of opiate abuse and addiction as well as strategies to migrate patients from highly addictive pain management solutions to lower risk pain management solutions; and WHEREAS: As new drugs and strategies continue to be developed, it is important that medical professionals stay up to date on this growing epidemic; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law. �zs NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly Bill A.9102 and Senate Bill S.6184, "an act to amend the education law, in relation to continuing medical education for doctors, nurses and pharmacists;" and BE IT FURTHER RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a Home Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples - Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany, NY 12247, Richard A. Fontana Council President Lovejoy District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION. a' 0011 12) V RESOLUTION By: Mr. Fontana Re: HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A.9093 AND SENATE BILL S.6181,. "AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO CREATING MEDICINAL GUIDELINES TO AID IN THE ADMINISTRATION OF PRESCRIPTION DRUGS TO PATIENTS WITH HIGH RISKS OF ADDICTION" WHEREAS: Bill A.9093 has been introduced in the New York State Assembly and Bill S.6181 has been introduced in the New York State ,Senate; and WHEREAS: These companion Bills, "an act to amend the public health law, in relation to creating medicinal guidelines to aid in the administration of prescription drugs to patients with high risks of addiction," are also known and may be cited as the "Michael David Israel Addiction Transition Law;" and WHEREAS: Passage of these Bills would create a requirement that the Department of Health draft guidelines for the transition of patients from substances with a high risk of addiction to those with a low risk of addiction; and WHEREAS: Michael David Israel, the son of Avi and Julie Israel, was one of many young people across New York State who battled with prescription drug abuse. On June 4, 2011, Michael David Israel tragically took his own life; and WHEREAS: Michael's storyrs not a unique one. Nationally, deaths from prescription opiates have tripled since 1999, and overdoses from prescription opiates now hospitalize more people each year than cocaine or heroin. Additionally, in a recent University at Buffalo study of 75 addicts, 41 percent reported their addiction began with medicine prescribed legally by their doctors; and WHEREAS: The gate at which doctors are prescribing opiates is alarming. In New York State, 37 prescriptions are written for hydrocodone, fentanyl and oxycodone for every 100 New Yorkers. In Western New York, that rate is almost double, with 65 prescriptions being written for every 100 residents; and WHEREAS: If enacted, this legislation would require the Department of Health develop a set of guidelines to help doctors transition patients from high risk of addiction pain management solutions to low risk of addiction pain management solutions. In some cases, longterm use of opiate pain killers is necessary, but in many cases alternative methods can be used to manage the patient's pain while avoiding the potential fora damaging addiction to develop; and �, 3 WHEREAS: These Bills do not require doctors to implement these strategies, and still leave the decision for how best to care for the patient up to their doctor, but it does provide doctors with an important resource; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its own by local law. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly Bill A.9093 and Senate Bill S.6181, "an act to amend the public health law, in relation to creating medicinal guidelines to aid in the administration of prescription drugs to patients with high risks of addiction;" and BE IT FURTHER RESOLVED: That it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a Home Rule Request Form to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 21.0 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples- Stokes, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Senator Timothy M. Kennedy, 506 Legislative Office Building, Albany,.NY 12247. Richard A. Fontana Council President REFERRED TO THE COMMITTEE Lovejoy District Council Member " L CE� S ATION. _ f� �� �� � � �� x�� �� �� � � "» uY ` ` Appoint Marriage Officer By Michael J. LmCurto Pursuant to Chapter 49ofthe laws of New York (1988) which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, |amrequesting the appointment of the following person whose appointment as a Marriage Officer shall commence � June 1~, 2012 and expire September 1 2012. Abraham Munson-Ellis ' ���" �N|CHAELJ.�u�oRTO ' Delaware District Cound|mennber ' - � � y � \1� � City Clerk's Department _ BUFFALO May 4, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions. of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 114 PASSED May 1, 2012 Contractor Noise Abatement Gerald A Chwalinski City Clerk N A P P R l� OVE D -low r MAY 3 4 2012 .. 2 � w w 00114 Resolution Sponsors: Michael J. LoCurto, David A. Rivera Subject: Contractor Noise Abatement Whereas: Construction season has begun for both municipal and private projects throughout the city; and, Whereas: The renovation of residential and commercial properties within the city are always welcome developments and the Common Council encourages improvement and investment by property owners; and, Whereas: Often construction workers spend a significant amount of time working on a property each day; with many workers present at a given time; and Whereas: The people working on these projects often create a lot of noise that is unrelated to those of the tools and machines necessary to complete a job; and, Whereas: Often this noise violates Section 293 -4 of the City Charter which prohibits unreasonable noise, specifically the use of sound - reproduction devices outside of a structure (without permit) anywhere in the city limits; as well as part G of Section 293 -4 of the charter which prohibits "yelling, shouting or hooting at any time or place so as to annoy or disturb the quiet, comfort and repose of a reasonable person of normal sensitivities; "and, Whereas: Companies or individuals applying for a Contractors License from the City are not made aware of these noise ordinances; including Section 293 -4 and all other provisions related to noise restrictions within City limits at any time during the process; and, Whereas: The City of Buffalo Department of Licenses, Permits and Inspections should make all people wishing to become a licensed contractor in the City of Buffalo aware of all noise restrictions upon their application as a way to keep companies and individuals mindful of the professional conduct that is expected of them at a job site; and, Now, Therefore, Be It Resolved That: The Common Council hereby requests the Department of Economic Development, Permit and Inspection Services (EDPIS) to prepare and attach copies of all related noise ordinances to all new contractor licenses and permit applications; and, Be It Further Resolved That: DPIS also ensures that the applicants have read and understand noise laws and the penalties associated with breaking them by requiring a signature upon review and approval by the DPIS and the Buffalo Common Council. Be It Finally Resolved That: Copies of this resolution are sent to the appropriate parties, including DPIS ZDavLid"Rivera merford, Supervisor of Licenses Pat Sole, The Buffalo Police Department; and the D Michael J oCurto ' 0 68 Se rt A- - k AYE NO FONTANA MANCM # '� +OLON LoT MY mall 001 RESOLUTION Sponsors: LoCurto, Rivera, Franczyk Re: Urge New York State to Pass the Gender Expression Non - Discrimination Act ( GENDA) Whereas, GENDA (The Gender Expression Non - Discrimination Act) is a bill that provides basic civil rights for transgender New Yorkers by adding gender identity and expression to the already existing New York State Human Rights Law; and, Whereas, Gender identity and expression refer to the way people self - identify and present their masculinity and/or femininity to the world, including external characteristics and behaviors such as dress, hair style, name and pronoun use; and, Whereas, While currently it is illegal in New York State to discriminate on the basis of age, race, creed, color, national origin, sexual orientation, sex, marital status and other categories in the areas of employment, housing, public accommodations, education and credit, current human rights law does not explicitly ban discrimination on the basis of gender identity and expression; and, Whereas, While there are 13 states and the District of Columbia and over ninety localities across the United States; including the City of Buffalo, that have passed transgender and gender expression non- discrimination laws, the New York State Senate has yet to pass GENDA; and, Whereas, There are many documented cases where social antagonism against transgender or gender variant individuals and their families has led to employees being denied a job offer, fired from a job, harassed in the workplace, given inadequate medical care and otherwise treated as second -class citizens solely because of their gender identity and expression; and, Whereas, There is clearly a need to protect gender variant New Yorkers from unequal and unfair treatment and the GENDA bill will mandate equitable treatment acid a fair playing field for these individuals; and, Whereas, it is imperative the New York State Senate finally move to pass GENDA and take a stand for all New Yorkers; and, Now, Therefore, Be It Resolved That:. The City of Buffalo Common Council endorse the Gender Expression Non - Discrimination Act and urge the New York State Senate to pass GENDA and extend basic human rights to all New Yorkers, regardless of gender expression and identity; and, Be It Further Resolved That: A copy of this resolution is sent to New York State Senator Mark Grisanti, NYS Senator Tim Kennedy, NYS Senate Majority Leader Dean Skelos, NYS Senate Minority Leader John Sampson, and New York State Governor Andrew Cuomo. MICHAE J. LoCURTO DAVID A. F AN YK 2 DAVID A. RIVERA � I 4P/ 00.18 Resolution By Mr. Smith Re:. Property Disposition Whereas: The establishment of a Regional Land Bank shows promise to help to handle housing issues in the City of Buffalo ; and Whereas: The City of Buffalo must prepare to better define how a Regional Land Bank can be effective. Now Therefore Be it Resolved That: • The Executive Director of Strategic Planning provide to this Common Council: • Amend or establish a policy for side lot disposition • An asset versus liability formula when determining property value and disposition • Establish procedures to inform real estate when houses are marked for demolition • Maps of special areas when property can be sold below market value • A legal opinion whether a reversionary clause on City of Buffalo Sales is legal Demone Smith Masten District Council Member REFERRED TO THE COMMITTEE FF ON LEGISLATION. u I n e City Clerk's Department BUFFALO May 4, 2012 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. 117 PASSED May 1, 2012 Waiver of Park Rental Fees Various Events Gerald A Chwalinski City Clerk MAY 1 42012 Cut 00117 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 Pine Grill Reunion is being held August 7 &14 :and WHEREAS, The Masten District Unity Day is being held August 26;and WHEREAS, The Juneteenth Festival is being held June16 & 17;and WHEREAS, The Masten District Jazz Festival is being held July 22 & 29 ;and WHEREAS, The Taking it to the streets Event is being held August 18 & 19 ;and WHEREAS, The Science Museum Events (Beerology, Star Lights, Bubblefest, and their Gala) will be held throughout the summer; and WHEREAS, All are free community oriented events that celebrate the city's cultural fabric. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo waives the user, permit and other associated fees for Pine Grill Reunion, Masten District Unity. Day, Juneteenth Festival, Masten District Jazz Festival, Taking it to the streets event and the Science Museum Events ;and 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 Majority Leader Masten District Council Member OV-) i *AYE *NO FONT TA FRANC GOLOBIM LOCURTO PMC EN RIVERA RUMELL 9 0 i ®0.18 No. By Mr. Smith Felicitations /Inn Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for The Evang1listic Temple & Community Charch Center By Councilmember Smith Felicitation for By Councilmember Felicitation for By Councilmember Felicitation for By CounciImember 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 May 1, 2012 4�� tfiiu of Tsurato c9antutatt Touttril At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, April 17` 2012, the following resolution was unanimously adopted, sponsored by Council Member Demone A. Smith: whereas: 1 he Kvarigelthe 1'eritpler 8c Community Church 1922, by Pastor newts W Flnlley After Reverend 'Hoiiey,s passii elected Pastor, and under hts leaclershrp, .the membership grew that in 1959, the Eva"h a tic`'Temple & Comm unify Church Cen current location, and . organized on April 22, cd . uzggous Bonds was fldurisid so much so tot Medley Place, its Johnson, DuBois, prosper; Temple & t starting 5utions of the. of raising the distic Temple �gU Demone A. Smith P Majority Leader Masten District Council Member 00119 BY: DEMONE A SMITH. Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the.persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Paul Falzone • Kimberly L. Johnson • Veronica A. Kait TOTAL_ 3 ADOPTED V q0 00120 4t BY: DEMONE A SMITH Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City. Clerk: • Wallace S. Piotrowski • Maritza Vega TOTAL: 2 ADOPTED 1 0012 � gG ANNOUNCEMENT OF COMMITTEE MEETINGS. The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 8, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, May 8, 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. _ Tuesday, May 8, 2012 at 1:00 o'clock P.M. Committee on Legislation. Tuesday, May 8, 2012 at 2:00 o'clock P.M. Special Committees Public Hearing on the Budget Monday, May , 2012 at 5:00 o'clock P.M. W4 bN`i 14 Bd of Education Budget Hrg Sway; May W, 2012 at k.O6 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meeting p 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. 001,2"' [fin Adjournment On a motion by Mr. FQatapa, Seconded by Mr. the Council adjourned at GERALD CHWALINSKI CITY CLERK ggc) May 1, 2012