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HomeMy WebLinkAbout12-0529CO'DPCIP: TT-')NI PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, May 29, 2012 AT 2:00 P.M. a Present Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon & Smith - 9 Absent -None On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on May 15, 2012 were approved. [ ------------- ] [MAJ- 51 [2/3 - 6 ] [314- 7] *AYE* NO * FONTANA FRANCZYK GOLOMBEK * * LOCURTO * * * PRIDGEN * * * RIVERA * * * SCANLON * * * * * * * * * * * * * * May 29, 2012 FROM THE MAYOR I May 29, 2012 0000 1. SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE; May 23, 2012 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [:Appointment - Buffalo Arts Commission G PRIOR COUNCIL REFERENCE. (IF ANY) Ex. (Item No. xxx, C.C.P. xx /xx/xx) Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, I hereby appoint the following individuals to serve as members of the Buffalo Arts Commission. These individuals shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. David Granville, 11 Plymouth Avenue, Buffalo, New York, 14201 Susan Tejada, 825 Richmond Avenue, Buffalo, New York, 14222 I hereby certify that the above named individuals are fully qualified to serve on the Buffalo Arts Commission. SIGNATURE 61) DEPARTMENT HEAD TITLE : r n W. Brow , Mayor RECEIVED AND (FILED a� b� J 3 0000" SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 23, 2012 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [: Designation of Nominees for Appointment to the [: Board of Trustees of the Buffalo and Erie [: County Library PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Frank Gist, 409 Wyoming Avenue, Buffalo, New York, 14215 Frank Gist is currently a journalist and seasoned writer for the Buffalo Criterion newspaper. Mr. Gist is well- informed on community issues and is an advocate for community change. Having previously served as a Buffalo firefighter and a member of the Library Board, Mr. Gist will work to ensure that our city's assets are protected. Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. SIGNATURE DEPARTMENT HEAD TITLE: on W. Bro n, Mayor REFERRED T TP7 170,N1,141ITTEE 0 N LEGS LA i a 0 0 00tR SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 23, 2012 FROM: DEPARTMENT: 03 -0 Mayor SUBJECT: [: Designation of Nominees for Appointment to the [: Board of Trustees of the Buffalo and Erie [: County Library PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxlxxlxx) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Sharon A. Thomas, 76 Benwood Avenue, Buffalo, New York, 14214 Sharon Thomas serves as Chief Clerk of Buffalo City Court. She is responsible for Court operations, Criminal Records Division and all aspects of its day -to -day operations. She is affiliated with numerous civic organizations and the recipient of many awards, including the Black Achievers Award. 'Having previously served as a member of the Library Board, Ms. Thomas will work to ensure that our city's assets are protected Jessica Magiletto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. SIGNATURE (/�• DEPARTMENT HEAD TITLE : konW. Bro n, Mayor REFERRED T'7' TVIF COMMITTEE ON LEGA6 . .� - 40 . 6 FROM THE MAYOR - EXECUTIVE DEPARTMENT May 29, 2012 l FROM THE CITY PLANNING BOARD May 29, 2012 000 ,1 CITY OF BUFFALO CITY PLANNING BOARD 901 CITY HALL BUFFALO, NEW YORK 14202 BYRON W. BROWN MAYOR May 23, 2012 Richard A. Fontana President, City of Buffalo Common Council 1315 City Hall Buffalo New York 14202 Re: 345 Amherst Street, Tops Supermarket Fuel Station and Store Improvements Dear Council President: Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA is an Type 1 action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency has no objection to the designation of the City of Buffalo Planning Board as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New York 14202. Sincerely, RECEIVED AND FILED TV y Grunzweig and Use Controls Coordi ator The City of Buffalo Common Council accepts and approves the designation of the Buffalo Planning Board as Lead Agency for the above- referenced project. Signature Date V 000,? SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 817 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 Appliance Plus Loading Dock/ Parking Improvements Location: 982 Broadway Avenue Type of Action: Uncoordinated - Unlisted Description, Optima Design & Engineering, PLLC on behalf of the Appliance Plus is proposing the construction of a loading dock and four parking spaces on the existing lot located at 982 Broadway Avenue, Buffalo New York. Appliance Plus is a business located in the Broadway Fillmore Community that specializes in full- service refurbished home appliance sales. In order to continue their growth, it is necessary to build a new two sided loading dock and platform which will streamline their shipping and receiving process. It will be located at the rear (north) side of the building. A new curb cut on Gibson Street and a widened existing curb cut on Fillmore Avenue will provide access to the loading dock. New green space areas are being added; Four new parking spaces will be added to the west of the existing building. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse 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 allow a well - established business in the Broadway Fillmore Neighborhood remain viable and strong maintain a presence in the business district. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 796 851 -5685 Dated May 22, 2012 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Optima Engineering &Design RECEIVED AND FILED 00003 SEQRA Notice of Determination 1l Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room g01, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as if relates to the environment: Action Title Riverside Special Needs Apartments U Location: 238 Ontario Street Type of Action: . Coordinated — Type I Description: DePaul Properties has proposed the conversion of a former Buffalo Public School into special needs housing located at 238 Ontario Street, Buffalo New York. The Riverside Special Needs Apartments will involve the re- adaptation of the former Riverside Academy (School #60), initially constructed in 1897. Riverside Academy was in use as a school until several years ago and has been vacant since that time. In 2002, the building was deemed eligible for the National Register of historic Places. The proposed project will include sixty (60) units, affordable at or below fifty percent (50 %) of area median income (AM). The project will consist of six (6) studio units (of 544 square feet each), fifty -two (52) one bedroom units (670 square feet each) and two (2) two bedroom units (800 square feet each). All residential units will have full kitchens and bedrooms. Storage is designed into the units and utilities for each unit are included with the monthly rent. Laundry facilities are provided in the building. Additionally, a patio. will be constructed at the rear of the building for use by the residents. The project has had a Phase One environmental review completed. Any environmental issues uncovered during the constructions process will be handled and remediated immediately if necessary. The project will Utilize sustainable features including Energy Star heating and cooling equipment, appliances, and light fixtures. The building will have water conserving plumbing fixtures, green label certified floor coverings, and daylight sensors on all exterior lighting. Low or no voc paints, primers, adhesives and sealants will be used, and an active radon mitigation system for the building will be installed. Also, a construction waste management plan has been designed to reduce landfill materials by twenty five percent or greater. A green building energy efficiency analysis has been performed for the Project by Comfort Systems USA. Utilities for the project are currently available via both Ontario Street and Saratoga Street adjacent to the project. Of the sixty units, forty -five will house New York State Office of Mental Health consumers. All forty -five will be receiving on -going support services from DePaul Community Services, Inc. the proposed project addresses several federal, state, and local housing goals including increasing the supply and quality of affordable housing, rehabilitating an existing historical structure into alternative housing use, utilizing environmentally sensitive green technology in construction and rehabilitation, providing housing and necessary supportive services to individuals with Severe and Persistent Mental illness (SPMI)., enabling them to remain independent in the community and provision of quality management services by an established and experienced provider thereby strengthening the rental market. The project will create affordable housing for those who need it and provide vital services for those individuals with SPMI. The project will relieve the burden on existing DePaul housing programs in Buffalo, which have waiting lists. A number of neighborhood meeting have taken place and the project has received the support of all the community groups in the area. A number of funding sources will be used to finance this project including Low Income Tax Credits, The national Equity Fund, The Community Preservation Corporation, the City of Buffalo, New York State Homes and Community Renewal and the Office of Mental Health. 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 convert a significant Riverside landmark into affordable housing for those individuals with special needs. The project will enhance the site with landscaping and other positives amenities. 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 gal City Hall, Buffalo New York 14202 - 716 351-5085 gZE� 'EIVED AND FILED � u Dated _ M2 2 2 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Buffalo Urban Renewal Agency State Office of Parks Recreation & Historic Preservation New York State Office of Mental Health New York State Department of Environmental Conservation New York State DHCR 'V 1� FROM THE OFFICE OF STRATEGIC PLANNING 0000' TO: THE COMMON COUNCIL: DATE: May 22, 2012 FROM: DEPARTMENT: DIVISION: Strategic Planning Real Estate SUBJECT: Amend Lease Agreement Between City of Buffalo and Grassroots Gardens of Buffalo Inc., additional parcels and sponsor / contact changes PRIOR COUNCIL REFERENCE: Item No. 12, C.C.P. 10/3/2006 TEXT: (TYPE SINGLE SPACE BELOW) In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The agreement allows Grassroots Gardens of Buffalo, Inc. to propose changes during the term of the lease. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the attached list of six vacant lots. Also attached is an updated listing of sponsoring groups and community contacts for existing gardens on 25 city parcels (15 gardens). The Land Use Planning Committee reviewed the request and has no objections to releasing the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on October 3, 2006 shall remain the same. I am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to reflect the additions detailed in the attached list. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. TYPE DEPARTMENT HEAD NAME TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD. BM: jjl Brendan Mehaffy Executive Director Office of Strategic Planning VJ � L Grassroots Gardens of Buffalo 2012 Lease Requests Submitted March 28, 2012 .. ,3 : .. • ..' T, nr '1.n �1'�ad]'"Jy'',rlr• ^;PZ: x..... ' _ ^� J�. H �`1 y � v �I ... [$'✓'+Girvc J." ?x" M - f 1 I i fi A�: Y,.i�' wf-. - Y. 5, �° �3m N Parcel # Street Zip Code Sponsoring Organization Contact April Figueroa, 173 Sobieski Street, 716 -440- 1 384 Sweet Street 14211 Sobieski / Madinah Beautification Committee 0087 Geraldine Wilson, 172 Victoria Avenue, 716- 2 195 Victoria Avenue 14214 Victoria Avenue Block Club 603 -5199 Carlos Gartin, 169 Dearborn Street, 3 104 Farmer Street 14207 Believe In Black Rock 716- 877 -0532 Carlos Gartin, 169 Dearborn Street, . 4 108 Farmer Street 14207 Believe In Black Rock 716- 877 -0532 Dan Saunders, 501 Fillm.ore Avenue, 5 74 Gibson Street* 14206 South Fillmore Block Club 716 563 - 1094 Richard Maynard, 18 Lombard Street, 6 71 Lombard Street* 14206 Lombard Clark Block Club 716 -855 -2049 5pbnsors� �rd�n �IIR:IIngI y F �a .?? Parcel # Street Sponsoring Organization Contact Carrie Jacobson, 96 Greenwood Place, 99 Greenwood Greenwood Place Block Club 716- 912 -1683 Ben Cashaw, 150 Maple Street, 37 Mulberry Fruit Belt Coalition 716 -893 -6428 Ben Cashaw, 150 Maple Street, 118 Mulberry Fruit Belt Coalition 716 -893 -6428 Lily Booth, 103 Prospect Avenue, 32 Cedar Bennett Park Montessori School 716- 220 -1455 206, 208, Sally Gudzar (parent) & Principal William Kresse, 210,212 Best Street City Honors High School (with Groundwork Buffalo) 186 East North Street, 716 - 316 -9596 Diane Malone, 188 Martha Street, 3259 Bailey Avenue UDBCC (University District Block Club Coalition) 716- 834 -6217 Susan Gartin, 169 Dearborn Street, 269 .Dearborn Believe in Black Rock ( *Organizational name change) 716 -874 -6982 Justin Weidenbach, 293 Hudson Street, 278; ' Nickel City Co -Op 716 -536 -0225 Justin Weidenbach, 293 Hudson Street, 2:17. - West Nickel City Co -Op 716 -536 -0225 493,495," 9. 498, 499, Levern Morrow, 103 Wohlers Avenue, 501, 52 6 Northampton Community Action Information Center 716 -885 -5925 108, 110, Levern Morrow, 103 Wohlers Avenue, 112 Wohlers Community Action Information Center 716- 885 -5925 Sophie Baj, 31 Miller Street, 20,24 Miller Miller Street Block Club 716- 479 -1382 Justin & Lily Booth, 103 Prospect Avenue, 109 Prospect Avenue Prospect Avenue Neigborhood 716- 220 -1455 Bianca LoCurto, 140 Niagara Street, Apt 501, 463 7th Beecher Street Block Club 716 -856 -1672 Amend Lease Agreement between City of Buffalo and Grassroots Gardens of Buffalo, Inc. (Item No. 7, C.C.P., May 29, 2012) Mr. 64 moved That the above item be, and the above communication from the Office of Strategic Planning, dated May 22, 2012, be received and filed; and That the Common Council approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc., for all parcels except in Masten Council District; and that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. Passed. TAwp6RW\COUNC1L15 -29 -12 meefing\Amend Lease CoB and Grassroots Gardens.doex 1 Maj -5 213 6 3/4- 7 AYE NO * FONTANA * �` * FRANCZYK * �` * GOLOMSEK * LOCURTO * PRIDGEN * RIVERA * '� * R * � * SCANLON * SMITH 00005 n ff #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: May 21, 2012 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 34 Fernhill, 248'W Deerfield Lot Size: 34'x 105' Assessed Valuation: Land $3,300.00 Improvement: $32,700.00 Total $36,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Betty Barber and Mr. Michael Smart, 44 Northumberland Avenue, Buffalo, New York 14215 to purchase 34 Fernhill Avenue. The property will be renovated and used as a rental property. They have estimated the cost of renovations to be Four Thousand Six Hundred Fifty Dollars ($4,650.00) and have provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,356 square feet, one and one third story frame, one family dwelling in fair condition situated on a lot 34' x 105'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Ten Dollars and Thirty Five Cents ($10.35) to Seventeen Dollars and Thirty Five Cents ($17.35), per square foot of living area. Mrs. Barber and Mr. Smart have agreed and are prepared to pay Fourteen Thousand Dollars ($14,000.00), Ten Dollars and Thirty Five Cents ($10.35) per square foot of living area for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 34 Fernhill Avenue to Mrs. Betty Barber and Mr. Michael Smart in the amount of Fourteen Thousand Dollars ($14,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR � )�2) h0ffF �CE:OF STRATEGIC P NING SIGNATURE OF DEPARTMENT HEAD: BM:ck ;.... Repsa le34fern h i I I/sales (REFERRED TO THE COMMITTEE � ON COMMUNITY DEVELOPMENT. �] 00009 #2 (Rev. 1/93) 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: $300,00 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 ($3,500.00), Sixty Cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. t ,A_ t � Page 2 Report of Sale 64 North Parade 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 ($3,600.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: BRENDAN MEHAFFY TITLE: EXECUTIVE DIRECTOR OFFICE OF STRAT GI P NNING SIGNATURE OF DEPARTMENT HEAD: BM:ck Repsale64nparade /sales REFFRRED TO THE COMMMEE ON COMM DEVELOPMENT'.. . ,.-jh 000210 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 22, 2012 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk for use of 75 School (a.k.a. 118 Hampshire) - School No. 18 Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: ffYPE_SINGLE SPACE BELOW) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk, along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to School No. 61, located at 439 Leroy, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. The Corporation Counsel's Office has approved the easement agreement as to form. I am recommending that Your Honorable Body approve the attached easement agreement which has been reviewed and approved by the Corporation Counsel. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. TYPE DEPARTMENT HEAD NAME TYPE TITLE: BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: BM:plg C:Aeaselcease75 School (Sch. 18) � ri ll Utility Easement Agreement — Niagara Mohawk for use of 75 School (a/k/a 118 Hampshire) — School No. 18 (Nia)(Strat Plan) Mr. 6,01%% o ed: That the above item be, and the above communication from the Office of Strategic Planning, dated May 22, 2012, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, in order to allow and provide for electrical upgrades to .School No. 18, located at 118 Hampshire. That the Corporation Counsel be, and he hereby is authorized to review and approve the Utility Easement Agreement as to form and to make any non- material changes or additions necessary to effectuate the intent of the Agreement and that the Mayor be authorized to execute the same. T:1wp60URM0UNCIL5 -29 -12 meetinglUtility Easement Agreement- School No I9.docx P * AYE *NO* Maj - S 2/3- 6 3/4- 7 * FONTANA FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL SCANLON * * * - * SMITH * * * #4 (Rev 7 -07) ®0011 G Certificate of Appointment 1i to 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 "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 5129112 in the Department of Mayor's Office of Strategic Planning Division of Real Estate to the Position of Director of Real Estate Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EXEMPT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) EXEMPT Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 72,872 LAST JOB TITLE XXX . NAME Christie R. Nelson LAST DEPARTMENT XXX DATE 1127112 ADDRESS 487 Delaware Ave., Apt. #4 LAST SALARY XXX CITY & ZIP 14202 LAST 4 DIGITS OF SSN. XXX -XX -0637 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 10314001 TITLE CODE NO 5920 BUDGET ACCT. OBJ. PROJ. ID 411001 PERSONNEL REQ. NO 2011 -84 SALARY RANGE OF POSITION $72,872 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Brendan R. Mehaffy TITLE OF APPOINTING. AUTHORITY: Executive Director DATE: 5115112 SIGNATURE OF APPOINTING AUTHORITY: t ORIGINAL +2 (.:UPItS 1 (y ,UI I'Y &�LtKK WNIBLVUKE APPUINTMENT DATE) OTHER COPIES TO: #3- C0MPTR0LLER N4- HUMAN SERVICES/CIVIL SERVICE #5 - BUDGET #6- DD PA NT #7- DIVISION #8- EMPLOYEE(S) r} j d' FROM THE PRESIDENT OF THE COUNCIL May 29, 2012 00011. Common counrit CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City Hall BUFFALO, NY 14202 - 3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 No. Amended Regular Committee Appointments 91-9 CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK I hereby appoint the following Councilmembers to serve on Committees as shown: Claims; Chair; David Rivera Golombek, LoCurto, Russell Civil Service; Chair;Russell, Franczyk, Scanlon, Smith Community Development; Chair; Golombek LoCurto, Pridgen, Rivera, Russell Finance; Chair;Scanlon LoCurto, Pridgen, Russell, Smith Legislation; Chair;Pridgen Franczyk, Golombek, Rivera, Smith Rules; Chair; Fontana Russell, Smith RECEIVED AND FILED. �1 0 0 0.1.3 common cou - ndt CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT RICHARD A. FONTANA COUNCIL PRESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 63 NIAGARA SQUARE, 1315 City Hal! BUFFALO, NY 14202 -3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 No. Amendment of Special Committee Appointments CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK I hereby appoint the following Councilmembers to serve on Committees as shown: Budget: Chair; Smith Golombek, Scanlon, Pridgen, Rivera Education: Chair: Smith Golombek, Scanlon, Pridgen MBEC Chair: Smith Golombek, Rivera, Russell Police Oversight Chair: Golombek Franczyk, Rivera, Russell Transportation Chair: Scanlon LoCurto, Rivera, Russell Waterfront Development Chair: Scanlon Franczyk, Golombek, Smith RECEIVED AND FILED. i 2 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS May 29, 2012 00011 I COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: May 22, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks SUBJECT: Buffalo Zoological Society of Buffalo, Inc. (the "Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to a $400,000 Grant to the Zoological Society from New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) for a Zoo Improvements Project PRIOR COUNCIL REERENCE: C.C.P. item No. 71, October 18, 2011 and C.C.P. Item No. 45, November 30, 2010. The Zoological Society is planning to build/create an Arctic Exhibit at the Buffalo Zoo. The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $400,000 in grant funding to be utilized towards this goal. Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State, be sold, leased or otherwise conveyed by the City for use for other than park purposes. The City is not required to provide funding in connection with this grant. For your reference and further background information about the $400,000 grant fimding and the related Zoo improvements Arctic Exhibit project, I have attached the relevant grant application documents as well as the Agreement which the City of Buffalo is being requested to sign -off on. The subject $400,000 grant is a portion of the necessary funding, with the Zoo taking steps to raise the additional funding that will be necessary to complete the Arctic Exhibit all as described in the attached grant application materials. I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your Honorable Body authorize the Mayor and/or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000 State grant funding for the subject Zoo Arctic Exhibit related measures. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Work P tree SIGNATURE OF DEPARTMENT HEAD: Page i of 17 2a NU dVmiS� Horne Hasp Application Log Out AppilcaUon Number 3493 Project Arctic Exhibit PRINT MODE - This application cannot be updated. Application Number 3493 Questionnaire Instructions . " - denotes an answer Is required. . -denotes a restricted question. (The answer will only he shared wlfh the state agencyleathornlytAaf le mqu }red to review this application.) . Click the section bar below to go directly to a specific section. Disclaimer The questions posed In the initial sections of the Consolidated Funding Application are designed to elicit general, non - confidential Information about the applicant and its project, information the applicant believes is confidential (e.g., trade secrets or other sensitive business orparsonei infomiatlon) should only be provided, to the extent required, in response to questions designated (0-"Restricted Questions' in the later program - specific portions of Misapplication. Information provided in response to Restricted Questions will rot be provided to members of Regfonai Economic Development Councils, and will be shared only with agencies and public authorities that are responsible forprogram administration and making decisions on your appli cation, and will be protected from disclosure by agencies and public autlorilles in a manner that is cmnmistent with state law. _. Y. ........W_.. Applicant Information * 1. Legal Name of Applicant Zoological Society of Buffalo, Inc. GL72 546 CP common 2. If you are a DBA, what is your DBA name? Buffato Zoo !] 72_SSiI_CP_cornmon R S. Applicant Street Address 800 Parkslde Avenue 0_72_561_ _common * 4. Applicant City Buffalo Q72 552 CP common " 6. Applicant State Newyork Gf 7? 553 CP_cammon 0 S. Applicant Zip Code. (please use Zip +4 If known) 14214 -1989 fL72_564_CP common 7. Applicant Telephone Number, (please Include area code) 716 - 995 6144 C_72 65t_CP common 8. Appifcant Emall Address F " infamand@aol.com 0_72 555_CP common . 9. Type of Applicant (select all that apply) Page 2 of 17 ® Federal rd state 0 County IN City ra Town H1 Village 09 Tribal M School District IN County or Town Improvement District District Corporation i For -Profit ® Not-For-Profit IM Individual I& Business Corporation IDA 13 LDC W LLC 19 LLP IN PubllcAulhodty Public Benefit Corp Sole- Propriatorship. HDFC 111 BID Is LP Q_72_549_CP — common " 10. Select an applicant 10 type From the list below that you normally use to identify your organisation on application forma. 0 Charity Reg # 0 Duns Number 0 Federal Tax ID Number 03' NYS Unemployment Insurance Tax Number 0 Social Security Number View Help 0_72_556 OP_common 11. If you are a business, have you been certified as an Minority or Women -awned Business Enterprise (MWBE)? 0 yes 0 No 0 N/A Q 72 908_CP asmmon . 12. Contact Last Name Fernandes I CL72 049_CP summon 19. Contact First Name Donna 6_72 54? CP _common 14. Contact Title PresIdenUCEO Q_72_105D CP common T 15. Additional Project Contact Last Nara@ Saviola QL_7M72CP _gammon 19. Additional Project Contact First Name Adair ci 721057 CP wmmon 17. Additional Contact Title Director of Development and Marketing Q_72 1081_GP_ ammon 18. Additional Contact Email Address Page 3 of 17 asavlola@buffatozoo.org Q_72_561_CP _aamman 19. Additional Contact phone Number. (please include area code) 716- 995 -61 s8 Q72_562 CP_cammvn Project Location 20. Select your region. If your project spans multiple regions, seleetall regions that apply. M Capital District 12 CentalNewYork 10 Finger i ekes j IM Long Island j l> Mid Hudson Mohawk Valley ER New York City 12 North Country I'J Southern Tier f 10 Western New York ( Vlew HpJR GL 72_546_CP common 21. Project Street Address: If the project does not have a definite street address, please skip to "Project without a Street Address" below. 300 Parkalde Avenue Q,7z.,,928 CR_aammon i 22. Project City Buffalo Q72 566 CP_ common 23. Project State New York Q72_588 CP gammon 24. Project Zip Code, (please use 7Jp +4 If known) 14214 -1999 Q 72 1034CP eomman 25, Project Without a Street Address: please enter a description of the project location. Include project startingiending street addresses, cities & zlp codes If applicable. Q_72_971_CP common * 26. Projec county or co unties. FErle - _ -" -- Q_72 972_CP common 27. Project Latitude 42.938231 — View Help (Z72 672_CP _common 28. Project Longitude - 78:850963 Vle a Q72_573LS;R common * 28. NYS Assembly District(s) where the project is located. ;ptaase enter a number between 1 and 150 that represents your Assembly District) 144 11 ew Hei 4_72 184 CP common * 30. NY Serrate Di where the project Is located, (please enter a number between 1 and 62 that represents your Page 4 of l'7 �,9 Senate District) tic VIEW He CL72_190_CP_common Project': Description * 31. Project Description. Concisely describe the project, indicating the location, whatwill be planned, designed, andlor constructed, the issuestapportunitles to be addressed, and -expected outcomes and dsliverables. Additional details will be collected later In the application proces The Zookrglcal Society of Buffalo Is requesting $2 million ($40D,000 from State Parks; $1.6 million from ESDC or other sources) to assist In the funding of a $14.4 million Arotic exhibit at the Buffalo Zoo. The current polar bear exhlbit has suffered from 70+ years of neglect and does not meet the standards of the Association of Zoos and Aquariums, which accredits zoos. Unless the Buffalo Zoo builds a now exhibit in the next few years, the polar bears will be permanently placed at another facility. Loss of one of Its most popular species would be devastating to the Buffalo Zoo's attendance and long - term financial stability. Construction of Arctic Edge will secure the Zoo's place as the most popular cultural destination in Erle County. In addition, the interpretive graphics and interactive exhibits will educala hundreds of thousands of Western New Yorkers about climate change and ways they can act to reduce greenhouse gas emissions. C_ 72_575 CP_common * 32. Statement of bleed The Zoological Society of Buffalo is requesling $2 million in State Funding toward a $14.4 million capital project at the Buffalo Zoo, the oldest zoological park In New York State and third oldest In the nation. At our accreditation inspection held In June 2011, inspectors from the Association of Zoos and Aquariums (AZA) had much praise for the recent capital Improvements at the Buffalo Zoo, They did, however, cite the bear exhibit as a MAJOR CONCERN, saying that It was aki and dilapidated and should be replaced as soon as possible. Unless we develop and fund caristructlon plans for a new facility, the polar bears wlII be taken from the Buffalo Zoo and placed at another facility. The loss of one of our most popular species could jeopardize our attendance and earned income and lead to job layoffs. It would also be an embarrassment for western New York as Buffalo's climate is mare suitable to polar bears than just about any otherofty within the United States, The current bear exhibit dates back to the 1890s with only modest changes over the past 120 years. The crumbling enclosures are not nalurailstic and offer only small pools for swimming. These pools are serviced by five 2" water lines running constantly to malntain water quality in this open system. Currently, over half of the 188,825,000 gallons of water used annually by the Buffalo Zoo gees down the drain In the bear pools. The proposed new exhibit, Arctic Edge, will utilize re- circulating saltwater pools and save the City of Buffalo approximately 100 million gallons of freshwater each year. . The Buffalo Niagara Partnership hoe estimated that the proposed construction project will create 227.8 jobs for the region. In addition, the Arctic Edge exhibit will enhance the Zoo's popularity as a major regional tourist destination and educational resource. Exhibit plans Include an Arctic Conservation Center focusing on global climate change to encourage the Buffalo Zoo's 425,000 annual visitors to adopt strategies to reduce their carbon footprint and consumption of natural resources. View Help Q72 978 CPyommon 33. Current State of Project Development (i.e. planning, preliminary engineering, final design, etc) final design 0_72 928 CP common " 34. Stags of Permits * Complete * incomplete 9 Pending 0 NIA C 72 580 CP common " 35. Estimated Project Timellne: Including project starHcomplation dates, estimates for design, permitting and construction. Schematic Design: completed Design Development: October 2011- March 2012 Construction Documentation: April 2012 - January 2013 Site Plan Review and Permitting: February 2013 - March 2013 Bidding: April 2013 Construction: May 2013 - May 2015 Demolition: May 2013 -July 2013 SlteWork, Utility Installation: August 2013 - December 2013 Indoor Holding and Life Support: August 2013 - Deeember2014 Page 5 of 17 Va Exhibitry (Pools, Shotcrete): Apr112014 -November 20114 Interpretive Building (Arctic Conservation Center): January 2015 -May 2015 Public Pathways, landscaping: March 2015 - May 2015 Installation of Graphics: March 2015 - May 2016 0_72_975_CP common • 36. Estimated Ser Life 50 years View Helo Q,77 CP _common 37. Explain what makes your project a regional economic priority -for example creates jobs, economic Investment, austainabiilty and community revitalization, eta. 'Phe Buffalo Zoo is the most popular cultural attraction in Erle County. over the last decade, the zoological Society of Buffalo has invested $32 million in new exhibits and visitor amenities. These major construction projects were funded through a publlo- private partnership with New York Stale that leveraged $9 million In State Funding wilh $10.5 million In County Support and $12.5 million from the private sector (foundations, corporations, and individual donors). The new exhibits and visitor amenities helped the Zoo grow its attendance from 330,000 to 425,000 visitors annually and became a leading tourist destination. The Buffalo Niagara Partnership has ca[eulated the Zoo's current economic impact at $8,420,223 annually, representing 137.8 jobs. We are also a leading employer of unskilled youth within the City of Buffalo, who are trained in work In our ticketing, food service and gift shop operations. The Zoological Society of Buffalo will leverage the requested state funds ($2 million In total) with other public and private sources to guarantee a significant return on the State's Investment. The Buffalo Niagara Partnership has estimated that construction of Arctic Edge will create 227.8 jobs and have a total economic impeot of $33,544,898. Construction of a state - of-the-art Polar Bear habitat will also put a positive spin on Buffalo's snowbelt image and significantly enhance the Zoo's winter attendance. When completed, the zoo's attendance is projected to reach 488,000 v1skors per year while earned Income Is projected 10 increase to $5,475,950. In contrast, removal of the bears due to the Inadequacy of the current exhibit would be a major black eye for the community and significantly reduce the Zoo's popularity and financial stability. Q_72_930 CP_common • 38. Status of State and/or Federal Environmental Review. a Complete (9 Incomplete 0 Pending 0 NIA Q_72 e73_CP„oommon 39. if project review pursuant to the National Environmental Policy Act (NEPA) has been completed has a Finding of No Significant impact or Record of Decision been Issued? a Yes 10 No 9 NIA CL72_11393, CF _common 40. If National Lanvironmental Policy Act (NEPA) Record of Recision has been Issued, please explain (Include date of Record of Decision). Q 72_9o5A_CP common 41. It review of the project is underway pursuant to the State Environmental Quality Review Act (SEQRA), please Indicate the lead agency (if applicable). a 72 1058_CP_common Funding through OPRHP for Parks, Historic Preservation or Heritage Areas J 42. in addition to the brief project description provided above, describe the type of project and work proposed for grant funding. If the grant proposal is part of a larger project, describe the complete project and identlty the portion proposed for current grant funding. Buffalo Zoo's Arctic Edge will be over 35,000 square reef in size and replicate the snowy, frozen climate of the Aretle Circle. Two large exhibits will house polar bears while three smaller enclosures will feature arctic wolf, bald eagle and Canadian lynx to illustrate the diversity of species that have adapted to life In this harsh climate. The landscape will be naturalistic Including two large saltwater pools, natural boulders and a variety of substrates. A sophisticated Life Support System (LSS) will be utilized to maintain high water quality. Underwater viewing will enable visitors to get an up -close look at the bears' Page 6 of 17 swimming styles, natural behaviors and playful antics. An Arctic Conservation Center will provide enhanced educational opportunities far the exhibit. Climate change, its effects on the polar bear population and simple changes people can make in their daily lives to reduce the threat of global warming wilt be featured. Programming for school groups and general visitors will be implemented to create a more educated public which in turn will protect this iconic species. The new exhibit to being designed to satisfy the Polar Bear Exhibit and Husbandry standards adapted by the Assaciation of Zoos and Aquariums, which must be met If we are to retain our current polar bears or receive any future bears. The total cost fordesign and construction ofAroticEdge is $14.4 million. In the past five years, zoos In Pittsburgh, Toronto, Kansas City, St. Paul, Columbus and Louisville have spent between $11 and $30 million to upgrade their polar bear habitats with considerable municipal, County and State (Provincial) support. ,Arctic Edge is part of a I5 year site improvement (master plan) forthe Buffalo Zoo developed in 2001. We are requesting $2 million toward the $14.4 million project, which is currently in Design Development. To date, $32 million in master plan projects have been completed on time and on budget. We have attached highlighted pages of the 15 year Bile improvement plan (master plan). Eris County identified the plan as a Type I sol €on forthe purpose of SEQR and acted as lead agency In the review process. The SEQR was completed in July 2006. Because the master plan was formally adopted by the Board in 2001, the plan was reaffirmed at a Zoo board meeting on June 26, 2007. In January 2009, the master plan was revised to reflect projects completed to date and to develop cost estimates in current and future dol €ors forthe remaining projects. The plan calls forthe Zoo's major exhibit areas to be organized around bodies of WATER, due to the historic Importance of waterto the development of Western NewYork. Our Sea Lion /River Otter complex (opened In 2005) illustrates the difference between saltwater and freshwater ecosystems: Our Indoor South American rainforeat exhibit (opened in 2008) Includes a dramatic two -story waterfall and tropical riversyatem. The Heritage Farm Children's Area (opened in 2010) recreates a historic farm along the Erie Canal and Illustrates how farmers used water to transport goods downstate. The Arctic Edge exhibit will focus on frozen water and include new habitats for polar beans, arctic wolf, Canadian lynx and bald eagle. Lastly, a planned African savanna exhibit will feature a watering hole bordered by hootstook and their predators. The Zoo's 15-year site Improvement plan was found acceptable by OPRHP during the SEQR process in 2006. Demolition of the existing bear pits and concrete holding building was included in that review. In addition, we plan to submit the proposed design documents for Arctic Edge to OPRHP once the plans have been finalized. We will apply for building permits from the Chy of Buffalo once the construction documents have been completed and the construction contracts have been awarded. No special permits are required forthe project. View Hell Q_27 225 CP _Perks • 43. Is the applicant a sectarian entity? 0 Yes 0 No View Heln 0_,27 40? CP _Parka Project: C)otail 44. Describe the overall existing condition of the project, sties or facilities. Specifically note any proposed ground - disturbing activities, steps taken to Identify historic andlor archeological rosources that may tie Impacted by the project, and measures to protect and assure that there is no adverse Impact to significant resources. Identify any structures over 50 years old in the project area, explain their significance, and describe how they will he affected by the project. The new Arctic Edge exhibit will replace the existing bear grottos and 8,000 sq. fi. holding building. The iron cages shown In PHOTO 6 were built In the 1890s and are no longer used. The five front bear grottos, shown In PHOTOS 1 -5, were added during the late 1930's as part of the Works Progress Administration's renovation of the Buffalo Zoo. Demolition of the current bear complex was approved by OPRHP during the S5QR process in 2006. Given that the bear exhlbit was last renovated over 75 years ago, it is not surprising that the outdoor grottos and Indoor holding building show signs of physical deterioration and decay. After a rain, the unheated holding building leaks badly resulting in standing water or Ice within the dens and unsanitary conditions for the bears. In the outdoor exhibits (bear grottos), sizable gaps In the old mortar between rocks have created large crevices used by rats, especially around the waterfalls. Huge chunks of concrete have fallen off the ceiling In the tunnels between the exhibits and holding building leading to unsafe conditions for the bears travarsfig these areas on a daily basis. There are also significant fractures In some of the overhanging large rocks. These fractured areas will eventually give way, dropping huge racks into the exhibit or moat. The current bearexhlbit was cited as a MAJOR CONCERN at our most meant accreditation Inspection In June 2011. The U.S. Department of Agriculture, which also Inspects the zoo, has also cited the exhibit on occasion far cracked concrete and other problems. The project will not impact any archeological resources since considerable excavatlon of the site was done in the 1930's (without a significant finding) to construct a 20' hlgh x 6' wide x 400' long moat that separates the animals from the public area. The project was excavated out of solid bedrock. Very little new excavation will be Involved in construction of the proposed Arctic Edge exhibit. A site plan and photographs of the existing conditions of the property are attached. There are two buildings-adjacent to the project area that are listed as contributing structures to the nomination form for Olmsted Parke and Parkways to the National Register of Historic Places. The Shelter House (shown in PHOTO BA and 88) was built as a rest stop for coaches coming from dowrstown to the Pan American Exposition herd in 1901. The historic Elephant House (shown In PHOTO 9A and 9B) was built In 1912 and provides indoor holding for the Zoo`s alepharrts. Neither of these historic buildings will be affected by constr of Ar ctic Edge, View Hein Q?7 3V_CP_Parke 45. If the grant proposal is for a planning project other than the preparation of contract documents (plans and specifications), identify In detail the component of the final product. Wage 7 of 17 �U View Help Q27_227 GP _Parks 48. If the proposed project involves a remediated brownfield, describe how it will rehabilitate or restore the site for park, recreation or conservation purposes. View Hell) Q 27 8tre_CP,Parka - 47. For projects involving acquisition of real property (either purchase or donation), describe the status of the JJ acquisition, including current ownership and circumstances of sale. Also list any restrictions on the use or ownership i of the property, site or facility that is the subject of the grant proposal. You will be arcked atthe end of this application to docum entthe owner's Intentto sell. View Hell) Q„ 27_842 48. If the project will provide new access andfor ensure open and reasonable access to a property, describe how this will be accomplished. Also describe if new acquisition will provide a buffer or add capacity to existing property. View Help Q_27L314_CP _Parka Resource Impact 49, Describe any threats to the property from negligence, development pressure or inappropriate treatment; be specific as ro me seriousness ano The Buffalo Zoo's current bear complex, built in the 1930x, does not meet the new Animal Care Guidelines for Polar Bears adapted by the Association of Zoos and Aquariums (AZA), our accrediting body, As a result, the bear exhibit was cited as a MAJOR CONCERN! at our most recent accreditation inspection in June 2011, lie new exhibit is not built, the polar bears wail be removed from the Buffalo Zoo and sent to a facility that meets AZA standards. The outdoor gmftos and indoor holding building show serious signs of physical deterioration. After a rain, the unheated holding building leaks badly resulting in standing water or Ice within the dens and unsanitary conditions for the bears. In the outdoor exhibits (bear grottos), sizable gape in the old mortar between rocks have created large crevices used by rats. Huge chunks of concrete have fallen off the calling in the tunnels between the exhibits and holding building leading to unsafe conditions for the bears traversing these areas on a dally basis. There are also slgnfllcant fractures In some of the overhanging large rocks. These fractured areas will eventually give way, dropping huge rocks into the exhibit or moat. (1,,,27_823 CP_Parks * 50 Describe and provide evidence of the local need for the project Although polar bears are exhibited at the Bronx Zoo and the Central Park Zoo, residents of the five counties representing Western New York wilt be unable to see polar bears in this nag Ion unless a new habitat Is built at the Buffalo Zoo. Polar bears are not only one. of the Zoo's most popular animals, they are an Iconic symbol of climate change. Recent Increases in global temperatures have caused a decline in sea ice wlih €n the polar bear's natural habitat leading to many bears starving to death each year. Buffalo, as the second largest city in New York State, should take responsibility for educating its Citizens on how they can contribute to reducing the greenhouse gases contributing to climate change. The planned Arctic Conservation Center, to be built as part of this project, will provide compelling edrrcalional graphics and fun interactive exhibits to engage visitors on what they can do to save polar bears. VIEW Help Q_27 32U CP_Parks * al. Describe the public benefitthat will result from completion of the project. Show why the State should participate in the cost of the project The Buffalo zoo la the most visited cultural attraction In Erie County with more than 425,000 visitors per year. Located in Frederick Law Olmsted's historic Delaware Park, the Buffalo Zoo Is the third oldest in the nation. lie 23 -acre pedestrian - friendly campus provides a unique resource in terms of educational and recreational activitles related to the natural,worid. The Zoo's close proximity to the Canadian border and family friendly design make it a leading tourist destination among Sculhem Ontario residents. The new Arctic Edge exhibit will greatly enhance the Zoo's popularity and encourage greater year -round visitation. Each new exhibit that has been built at the Zco has sparked an increase In attendance and visitor. spending from outside the area. The Zoological Society of Buffalo plans to leverage the requested $2 million in State funds with $12.4 million in other public and private sector support to guarantee a substantial return on Investment for this project. The Buffalo Niagara Partnership has calculated the economic impact of the Arclo Edge project to be $33,544,898, resulting in 227.8 jobs for Buffalo Niagara. The project also wilt provide new recreational opportunities for underserved communities. The high value and low cost of attending the Buffalo Zoo as a recreational destination attracts many visitors from undeserved communities, The Arctic Conservation Center will have a strong environmental education component, but also provide a fun recreational experience for visitors. For the large Inner -clty population of Buffalo, the Zoo may be the only chance to see polar bears and other residents of this unique and fragile ecosystem. The Buffalo zoo currently serves over 35,000 WNY school children each year. In edd{tlon, the Zoo's 51h grade residency program brings every 5th grader In the Buffalo Public School System for a week of Intensive programming at the Zoo. Students attending Zoo school are from underserved communities across Buffalo as shown by the school's poverty rating of 84 %. Constfuction of the Arctic Edge exhibit will provide another venue for their recreational and educational experiences. Page 8 of 17 31 0_27 327 CP_Pert(9 52. For State /NatlonaI Register listed properties, describe how the proposed scope of work wlII ensure the longterm protectlon of the property. Explain how the property wiii be operated and maintained In future. Identify any resources, such as dedicated endowments or sources of income, which will be used to maintain and preserve the property in future. Three buildings at the Buffalo zoo are listed as contributing structures in the Nomination Form for Olmsted's Parks and Parkways to the National Register of Historic Places. Relevant sections of the Nomination Form have been included In the application materials. Two of the centdbuling structures (Shelter House built In 1901 and the Elephant House built In 1912) are In close proximity to the project site. Unless the current bear exhibit Is replaced with a modem Habitat satisfying the new standards, the bears will be relocated to another zoo. Once abandoned, the bear grottos will continue to decay and will constitute a major eyesore In direct adjacency to the historic Shelter House and Elephant House. By building a new beer habitat, the Zoo will be able to continue io exhibit one of Its most popular species, which will help to secure future eamed income. The operation and maintenance of the project will be covered by the Buffalo Zoo's annual operating budget of $7.0 million. The Buffalo Zoo also has a restricted endowment of $3.0 million for operations, maintenance and capital repairs yielding $150,000 peryear. 027 338 CP Faft Planning initiatives 58. Explain how the project relates toile consistent with the Statewide Comprehensive Outdoor Recreation Plan (SCORP), NYS Open Space Conservation Plan, New York State Historic Preservation Plan, or any other relevant statewide of federaf preservation - related policies and programs (e.g., Heritage Areas System Management Plan, Preserve America, etc.). For these and any other Federal or State plans that apply, cite the specific pages of the documents where the proposed project Is referenced - According to our Mission Statement, the zoological Society of Buffalo, Inc. was organized forthe maintenance and operation of the Buffalo Zoo; for the education and recreation ofthe people and visitors ofthe Niagara Frontier, for the advancement and encouragement of the science of zoology; for the practice of conservation of the world's wildlife; and for the exhibition of diverse species of animals throughout the world. The Zoo's mission is remarkably compatible with the mission of NY Parks, Recreation and Historic Preservation to 'provide safe and enjoyable recreational and Interpretive opportunities for all New York State residents and visitors and be responsible stewards of our valuable natural historic and cultural resources" (SCORP, pg. 10). The comprehensive process involved in the preparation of the zoo master pian and Ardle Edge exhibit (the Project) la also consistent with NYSOPRHP's desire for planning to be: (1) A Continuous Process (we recently revised our master plan to reflect completed projects and to update the cost estimates for planned projects), (2) Comprehensive (the master plan outlines development of all exhibits and visitor facilities at the zoo over a 15 year period), and (3) Participatory (we involved multiple stakeholders In the process including Zoo visitors, board members, community members, City of Buffalo Planning and Preservation Boards, Erle County Department of Environment and Planning, and the New York State Preservation Field Service). These three prinGplea of the Planning Process are cited on pg. 12 of SCORP. Many elements ofthe proposed project are directly related to the Vision and Policies outlined In SCORP: The project involves the "rehabilitation of an existing recreation and historic facility to satisfy existing and projected recreation, Interpretative and educational needs" (SCORP pg. 15). The Buffalo Zoo is the oldest Zoo in NewYork State and is listed as a significant component to the nomination of Olmsted Parks and Parkways to the National Register of Historic Places. The new Arctic Edge exhibit will greatly Improve the recreational and educational value of the Zoo, particularly in the winter months. The Zoo serves the recreational and educational needs of 425,000 visitors annually including 35,000 school children. The project will also "upgrade and protect water resources" (SCORP pg. 15) by replacing the ancient pools In our current bear grottos, which waste millions of gallons of freshwater each year, with a closed saltwater system. The interpretive program of Arctic Edge focuses on climate change and on howvisltors can act to lowertheir carbon footprint to help save polar bears. This is consistent with the Action Strategy listed on pg. 17 of SCORP— °Fhrough education and interpretive program, work to reoarnnect people with nature and empower the publicwith a greater role In, and Involvement in, environmental protection and sustalnablflty." Lastly, the Zoo fa located five miles from downtown Buffalo, so support of this project will "support urban recreation Initlalives" (SCORP pg.18). wHel 027 226 CP_Parks ' 54. Explain howtbo project relates to municipal or community planning Initiatives (Comprehensive Plan, LWRP, neighborhood plan, etc.) and historic preservation efforts in your community. Describe how public and community support was accomplished through community participation and/or public outreach. Describe the role and experience of municipal agencies, private organizations, consultants, volunteers, and others involved in the project. Explain In detail the recreational or historical coinhibutlon of the project and how this will affect the vitality of the surrounding area or c ommunity. Arctic Edge Is part of a 15 year site improvement plan (master plan) for the Buffalo Zoo, The Zoo Is owned by the City of Buffalo and managed by the Zoological Society of Buffalo. Hlghllghted pages of the plan are included with our support materials. The master plan was developed by renowned Zoo architect Patrick Jarrlkowski of Seattle, WA and the Buffalo based firm of Fait - Albert Associates, To date, $32 million in master plan projects have been completed by this team. Prior to engaging the master planning team, Zoo staff held a series of Community Meetings at 14 silos thmughoul Erie and Niagara County la Page 9 of 17 9 give members of the public an opportunity to voice their aspirations for a newly renovated Butfato Zoo. public surveys of Zoo visitors were also conducted onslte. The results of these community hearings and visilor surveys were shared with the Zoo designers at the start of the master planning process. During development of the master plan, two open community meetings were held at the Zoo to give the general public an opportunity to interact with the design team and participate In the formulation of the piaster plan. After completion, the master plan was reviewed by the State Office of Parks, Recreation. and Historic Preservation. Modifications were made to incorporate their suggestions, A $FzQR was completed in July 2006 with Erie County acting as the lead agency due to their considerable financial assistance with construction. Each new project built underthe master plan has undergone a full review by the City of Buffalo's Preservation Board, Planning Board, and the State Office of Parks, Recreation and Historic Preservation. The master plan was reaffirmed at a Zoo board meeting on June 26, 2007. In January 2009, the master plan was revised to reflect projects completed to date and to develop cost estimates in current and futurs dollars for the remaining projecla. Construction of Arctic Edge will contribute to the revival of the Buffalo Zoo and surrounding community (La. Delaware Park). The current bear grottos are the biggest eyesore remaining on our23 acre campus and the only exhibit that does not meet the standards of the Association of Zoos and Aquariums, our awrediling body. Unless a new exhibit Is built, the Zoo's polar bears Wit be relocating to another facillty. Having a naturalistic, state -of- the -art exhibit for polar bears will promote greater attendance (particularly in winter) and further enhance the Zoo's reputation as the most vfalted cultural attraction In Ede County. VJQW bQI R CL27 310 CP_Parks Sti. Note any special or emergency situations or any State or Federal mandates affecting the need for the project View Help CL27_322_CP Parks 56. if applicable, describe how the project meets the needs for an aging population, encourages participation by youth, or respond@ to changes In the composition of the population and social nondhlon of the community. View Helo 0_27 32� CP _Perks Reasonableness of Cost x Describe project status: steps already completed, next step and any on s ra cres to proceeomg. Schematic Design has been completed for the project. Vlie are currently In the Design Development phase to further refine the project prior to preparing construction documents. Because the project is part of a 15 year site Improvement plan, the project has already been subjected to a SEAR back in 2008. The biggest obstacle to proceeding Is raising the $14.4 million requirel for design.and construction of Arctic Edge. To date, the Zoological Society of Buffalo has raised $4 million toward this goal. The Society has also raised $3.5 million to mfocate the Zoo Entrance to an area adjacent to the parking tot. The new entrance will not only be more convenient forvisitom, but it will also allow the Arctic Edge exhibit to expand beyond the footprint of the beargrottos so as to reuse an existing gift shop building as the planned Arctic Conservation Center. With $2 million In support from New York State, we will be better able to leverage support from Ede County and from the private sectorto complete ourfundra €s €ng goal. View 0 385 CP Parka 68. Explain the strategy and resources for going forward after the project is complete; that is, for implementing grant- funded plans, developing and using grant funded acquisitions, and maintaining grant - funded Improvements. The operation and maintenance of the new exhibit will be covered by the Buffalo Zoo's annual operating budget of $7.0 million. The Buffalo Zoo also has a restricted endowment of $3.13 mill for operations, maintenance and capital repairs. The Zoo's current bear exhibit will be demolished when Arctic Edge Is constructed so there should be no net Increase in openatiog expenses except for e€ectricity to power the new IKe support equipment. The projected Increase In earned income will more than compensate for the Increase In utility costs since a numberof features are being incorporated into the project's design (solar tubes for fighting, variable frequency drives for life support equipment, etc) to conserve energy whenever possible. 4_27_370 CP Parks " 59. Explain the basis, date, and/or source for estimated costs and timetables. The timeline should identify Interim tasks and/or products that will be generated in addition to the dateltime necessary to complete the project, Identify the person(s) responsible for compiling the budget; include relevant experience and background of all parties, Budget s hould be accurate a nd thorough with no extraneous or Inellglble expenses. The timeline was developed by Gwen Howard of Foie Albert Associates, the lead architect on the project. Ms. Howard has been involved with seven major construction projects at the Buffalo Zoo Including EcoStatton (2003), Otter Crack (2004), Sea ILfon Cove (2005), Rainforest Falls (2008), Heritage Farm (2010), restoration of our historic Elephant House (2008) and expansion of the Veterinary Hospital (2009). Ms. Howard's background Information is included in our application materials. The cost estimate, summarized below, was completed In October 2010 and Is based on Schematic Design. It was developed by Baer and Associates, a professional construction cost estimator from Buffalo, New York. Architectural Design and Engineering Fees: $1,072,268 Construction of Animal Exhibits and Silo Work: $8,243,000 Construction of Holding and Life Support Complex: $2,505,000 Page 1 0 of 17 Construction of Arctic Conservation Center, $251,000 Design Contingency (10%): $1 ,099,11M Constructlon Contingency (5%): seC4,945 Zoo Reimbursable Expenses (tesiing, inspection services, etc.). $150,000 Design and Fabrication of Graphics and Interpretive Elements: $500,000 Total Project Costs: $14,429,114 View Helo t_27_373_CP Parks ` 50. Summarize consultant selection process and schedule, noting whether it is completed, underway or proposed. The project consultants were crlglnally selected through a Request for Proposal forMaster Planners conducted in 2001. A copy of the RFP Is included In our application materials. Seven teems of consultants responded to the RFP and four teems were brought in for onsite Interviews. The team of PatddcJenikowski Architects and Fo €t -Albed Associates was selected. Overthe past ten years, the team has been Involved in $32 million worth of capital projects implementing Phase I of the Master Plan. Because of theirtrack record of bringing projects in on time and on budget, as well as the steep learning curve Involved in the design of complex life support systems, we have retained the same team for design of Arctic Edge. Me Hef CLT 371_CP_Parks ` 61. Describe the administrative structures In place to administer the requested grant Identify individuals who will be responsible for specific teaks, such as contract and grants administration, fiscal accounting, and project management. Contract and grants administration will be performed by Dr. Donna M. Fernandes, President/CEO of the Buffalo Zoo. She has previously managed two contracts from Empire State Development Corporation totaling $6 million and one contract from the State Office of Parts, Recreation and Historic Preservation for $400,000. She holds In MBA from Simmons School of Management and has extensive experience In project management. V iew He] LL27_36o_CP „Parks Annual Priorities 62. Hour will the project result in "Green" Improvements that restore, improve and maintain park lands, historic properties and hsrdage area resources and infrastructure, and In doing so promote sustalnablllty, increase energy conservation and e and de crease long term maintenance and management costs? The project Includes a number of "Green" initiatives designed to Improve operations at the Buffalo Zoo, which is located In historic Delaware Park. Founded In 1875, the Buffalo Zoo is the oldest continually operating zoologleal park In New York State, and third oldest in the country. When the current bear exhibit, constructed In the I We and last updated In the 1930's, Is replaced with Arctic Edge, we will be updating all of the ancient water, sewer, and electrical lines that service that end of the Zoo. More importantly, Hre will be replacing the five freshwater pools in the current bear complex with two saltwater pools serviced by a closed life support system. Our currant pools waste approximately 100 million gallons of freshwater each year because there Is no filtrationlradreulation system in place. Instead, the pools are maintained by having five 2" water lines running constantly to add frestwuaterte the pools while they continually drain from the bottom. This terribly wasteful system was designed when the City of Buffalo operated the Zoo and the Zoo received free water from the City. The design of Arctic Edge also includes rain gardens to reduce the amount of site water going Into storm drains and a number of energy efficient elements (solar tubes for natural lighting in the holding building, variable frequency drive motors on ail LSS equipment, etc.) to reduce energy consumption. The project will also replace just under one acre of hardscape (concrete and asphalt) with natural substrates and landscaping since the now exhibit is naturalistic in stark contrast to the existing stone and concrete bear pits. Finally, the goal of Arctic Edge is to educate the public about ways to lowertheir carbon footprint to help save polar bears. The educational components within the Arcic Conservation Center will focus an suslalnability and energy consumption. One planned Interactive area Is a model home with home appliances, lighting, and heating elements that individuals can operate to see how their behavior effects the environment. For example. opening the door to awashing machine will activate a graphic advising visitors to wash their clothes in cold water to save energy. Turning on a lamp will advise visitors to replace their incandescent bulbs with compact fluorescent bulbs, etc. 0_27_355_CP _Parks � 69. How will the project enhance the public's access to parks and their environmental and recreational resources (Including landscape and trail improvements to facilitate connections and special features or signage to improve programming and interpretation), create physical and functional connections among already - protected state and local lands, historic sites, gresnways, trails and waterways or provide or enhance public access to already - protected state and local lands, historic Bites, gr eenways, trails and waterways? Arctic Edge is one of several projects in the Buffalo Zoo's master plan to conned the Zoo with the theme of water. For example, offer Creek Is modeled after Letchworth State Park and focuses on local waterways and wetland habitats. Heritage Farm depicts an 1850's form along the Erie Canal to educate visitors about regional agriculture and the use of waterfor transportation. Rainforest Falls is modeled after Angel Falls in Venezuela, with graphfos mialing that famous waterfall (the world's tallest) with Niagara Falls, our own natural wonder. Likewise, Arctic Edge will tell the story of frozen water and the importance of sea Ice to the survival of polar bears. All of these projects enhance the Buffalo Zoo's relationship to other focal landmarks, historic sites and waterways (i.e. the Niagara River, the Erie Canal Basin and Canal Page 11 of 17 P system, the Great Lakes watershed). Q_27 69P CP Para 64. Now will the project involve special features and/or signage to improve access, programming and Interpretation of the heritage area and Its natural, cultural and/or historic resources or Include landscape and trail improvements, that enhance the public's access and attraction to and enjoyment of significant heritage area resources or historic properties? The $14.4 million project budget for Arctic Edge Includes $500,000 for design and fabricat €on of sits signage, interpretive graphics, and hands -on interactive exhibits. Pathway signage along the Inner and outertratls of Arctic Edge will educate visitors about the natural history of the exhibited species Including polar bear, bald eagle, arctic wolf, and Canadian lynx, The inner trail culminates in the Arctic Conservation Center which will have a var€eiyof engaging graphics and interactive elements focusing on this fragile ecosystem and ways that visitors can help to slowlstop climate change by adopting some simple changes in their own behavior. Q_27 696 CF ,„Parka 85. Is the applicant a publicly traded company? For applicants to Environmental Investment Program /Capital, cllck "View Help" for information. a Yes 0 No v iew Help CL1s_69_CP ESD • O6. Describe the applicant's ownership structure, Including the percentage of ownership for each individual and entity owning b% or more of the comparry. If the company is a parent, subsidiary and for affiliate of another company, please provide a description. The applicant is a 501 (c) 3 nonprofit corporat r T Q 9 _ESD * 67. Briefly describe what the project involves in terms of products) or services(s) that will be provided at the project location. The Buffalo Zoo is the most popular educational and recreational destination in Erie County, attracting between 475,000 and 450,000 visitors each year. The Zoo offers a wide variety of programs to serve WNY families, schools and other organized groups. These Include guided tours, family workshops, scout badge programs, nature camps, free and fee -based public programs, and a wide assortment of classes for preschoolers through college students. Our 5th grade residency program provides an intensive one week zoo experience for every 5th grade student in the Buffalo Public School system (approximately 2000 participants each year). Our distance reaming programs bring the Buffalo Zoo to schools throughout the United States by offering live camerae Into a variety of zoo exhibits. The Arctic Edge exhibitwlll include multiple cameras within the new habitats to enhance the educational experience of our distance reaming and onsite programming, More . importantly, the new exhibit will provide a state- of-th"rt facility to educate hundreds of thousand of local and out of town visitors about Arctic wildlife and the current threats to their long -term survival. Q 1 E 596_CP _E8D * 68. Indicate, the principal North American Industrial Classification System (NAICS) Cade at the project location. View Help 0 595 CP_ESr3 * 89, For more than one project location, please provide full address(es) for each location. If Not Applicable, indicate "NA ". NA c�,1s_s1s c>'�SD 70. Indicate how many existing full-time equivalent jobs the applicant and Its related entities employ In all NY5 LOCATIONS and the average annual wage for these employees as of the date this application Is signed. How many of the existing jobs at the project tocatfon(s) are at risk 0 the project does not go forwa 87 FTE9; average annual wage= $35,191.47 View 0_19_161_01 —ESD 71. Indicate how many existing full -time equivalent jobs the applicant and its related entities employ et the PROJECT LOCATION(S), the average annual wage for these employees as of the date this application Is signed, and, If any'of these jobs are at risk of being eliminated, how many. 87 FTEs; average annual wage - $35,191.A7 T View Hein Q_18 ee3_CP ESQ " 72. indicate what the average percentage is of the applicants' total employeea' gross wages paid in benefits (exclude mandated benefits such as Federal Insurance Contributions Act (FICA), Medicare tax, unemployment insurance or workers' compensation insurance. 1 18.44% 1 098 1aa CPEED 79, Net New Jobs Created Year 1: Describe the type of job, by general category, and list the number of net new joins and the gross annual wages for each job typo at the project location for Year 1. Please note If any of these positions are contract employees. Page 12 of 17 New Jobs in Year 1 of desfgnlconstructfon - 80 (average gross annual salary $50,000 est.) Architectural planning, engineering, construction administration, demolition, site work, utility Installation, concrete Foundations View Help Q_19 707 CP_5M 74. Net Now Jobs Created Year 2: Describe the type of job, by general category, and list the number of net new jobs and the gross annual wagas for each job type atthe project location for Year 2. Please note If any of these positions are contract employees. NewJobs in Year 2 of construction -100 (average gross annual salary $50,000 est.) General construction, masonry, plumbing, electrical, mechanical, life - support installation, shatcrete (artlflclal rockwork) View Helo Q 79 7D8 CP_S5C 75. Net Now Jobs Created Year 3: describe the type of job, by general category, and list the number of net new jobs and the gross annual wages for each job type at the project location for Year 3. Please note If any of these positions are contract employees. Now Jobs in Year 3 of construction - 48 (average gross annual salary $50,000 est.) Glazing, site lighting, concrete fletwork (public pathways), landscaping, fabrication and Installation of graph €os and interactives View HeloHeln Q_79 708 CP_ES❑ 76. Net New Jobs Created Year 4. Describe the type of job„ by general category, and list the number of net new jobs and the gross annual wages for each job type at the project location for Year 4. Please note If any of these positions are contract employees. View Help Cjs 710_CP_ESD 77. Net New Jobs Created Year S: describe the type of job, by general category, and list the number of net new jobs and the gross annual wages for such job type at the project location for Year S. Please mote if any of these positions are contract employees. Vlew Heip Q_79_711_CP _ESD • 78, What percentage of the project's employees are residents of NYS7 100% _ Q_18 Sae CP _SSA 79. Investment Year 1: Provide a breakdown of qualified Investments that will be made at the project location In Year 1. List by category, including; Building acquisition; building renovation; new construction; production machinery equipment; furniture, fixtures 8, equipment. I New Construction Year 1 = $4 million I View Helq Q_t9 7o;LCP _EsD 80. Investment Year 2: Provide a breakdown of qualified investments that will be made at the project locallon In Year 2. List by category, Including. Building acquisition; building renovation; new construction; production machinery $� equipment; furniture, fixtures & equipment. New Constructi Year 2 = $6.6 million View Help Q_1e_708 CP_ESD 81. investment Year 3: Provide a breakdown of qualified investments that A I be made at the project location In Year S. List by category, including: Building acquisition; building renovation; new construction; production machinery & equipment; furniture, fixtures 8, equipment, New Construction Year 3 = $2.6 million View Help Q 49_704 CP E8D 82. Investment Year 4; Provide a breakdown of qualified investments that will be made at the project location in Year 4. L1st by category, Including: Building acquisition; building renovation; new construction; production machinery 8, equipment; furniture, fixtures & equipment. View Helo r�19_700 CP ESD 83. investment Year 6: Provide a breakdown of qualified Investments that will be made atthe project location to Year S. List by category, including: Building acquisition; building renovation; new construction; production machinery & equipment; furniture, fixtures 8, equipment. View i Q_19_709,CP E8D Page 13 of 17 * 84. Is the project ownedoccupantloperator or any facilities which are under the supervision of the project t cwnerlaccupant/operator in violation of any federal, state or local environmental or other laws, or listed on the registry of Inactive Hazardous Waste Disposal Sites? indicate YIN1NA. If "Y", explain. No Q_19 1043CP CSD " 85. Does the project Involve demolition or rehabilitation of a building(s) more than 80 years old and/or demolition or rehabilitation of a building(s) or new construction on or contiguous to a site fisted on or eligible for listing on the State or National Registers of Historic Places? Indicate YJ NlNA. If Y, click "Help" for more information. Yes. The project Involves demolition of the Buffalo Zoo's current beer pits which were originally constructed In the 1890s and modified during the late 1930's as part of the Works Progress Administration. Demolklon of the current exhibit has already been approved as part of the SEQR conducted in 2006, The project site is located adjacent to two buildings listed as contributing structures on the nomination form for Olmsted marks and Parkways to the National Register of Historic Places. These buildings (1901 Shelter House and 1912 Elephant House) will not be disturbed in anyway. w PI 0.19„104a�.aP_eSD " 86. Provide a list of all federal, state, and local environmental and other reviews, approvals, or permits needed, including the sates ray wrien may are expectec. rr not AppHcame, rnarcaie Federal— Designs for the polar bear exhibit and holding area must be approved by the United States Department of Agriculture to ensure they satisfy the standards adopted in the Marina Mammal Act. The new exhibit is also designed to satisfy the polar bear standards adopted by the Association of Zoos and Aquariums. These reviews are currently underway, State -The frnal exhibit plans will be presented to the New York Slate Office of Parks, Recreation and Historic Preservation in the Spring of 2012 for approval. Local -The proposed construction must be reviewed by the City of Buffalo Planning Board and the City of Buffalo Preservation Board. These reviews will also be conducted in the Spring of 2012. Required permits Include a City of Buffalo Building permit and Backflow Preventer peft. These will be obtained just priorto construction in the Spring of 2013. GL19_1041 CP ESD " 87. Please Indicate the qualified annual purchases at this project looatlon that will besubject lio NYS salas tax. if Not Applicable, Indicate "NA ". NA. We are a 601 (c) 3 nonprofit and are not subject to NYS sales tax. View KAD Q_19 160 kESD Smart Growth Questlons:The NYS Smart Growth Public Infrastructure Policy Act requires that a project most the relevant smart growth criterion to the extent practicable. lease respond to the questions below regarding smart growth criteria. " 88. Does the proposed project use, maintain, or Improve existing infrastructure? YI N1Not Relevant. Please explain ail responses. Yes. The project will Improve existing Infrastructure by replacing the ancient water, sewer and electrical lines servicing the current bear grottos. It will also eliminate the millions of gallons of freshwater wasted each year In the five existing pools because the new bear habitat will utilize saltwater pools treated and re- circulated through a closed life support system. Mew ei GL721o59L cvnrmon " 89. Is the proposed project located In a municipal center? YIN/Not Relevant, Please explain all responses. Yes. The project is located within the City of Buffalo, a few miles north ofdownlowlr. Visw Halo r_72_1oso u_cammon " 80. is the proposed project located In a developed area or an area designated for concentrated infill development in a municipally approved comprehensive land use plan, local waterfront revitalization plan and/or brownflaid opportunity area plan? YIN/Not Relevant. Please explain all responses. No View Help GZ72 1061 Lf e0mrwn * 91. Will the proposed project protect, preserve and enhance the State's resources, including agricultural land, forests, surface and groundwater, air quality, recreation and open space, scenic arras, and significant historic and aroheological resources? YIN/Not Relevant. P lease explain all responses. Yes. If the Buffalo Zoo is to retain its polar bears orever receive new polar bears In the future, we must make this commltment to build our new exhibit now. The loss of our polar bears will have a devastating Impact on our winter attendance and earned revenues. In visitor surveys, the polar bears are rated the second most popular species at the Zoo. The most popular animal — elephants —are locked inside for most of the winter and do not encourage winter visitation. As we strive to become a four -season tourist destination, it is crucial that we maintain a critical mass of engaging winter exhl bits. It would also be an embarrassment forlhis community as our climate is more suitable for housing polar bears than most other zoos In the country. In addltlon, the current bear exhibit wastes mill Ions of gallons of watereach year. Each of the five bear grottos contains a dump and fill pool. The only way to maintain suitable water quality (i.s. keep co €ifnrrn counts to within acceptable levels) Is to Page 14 of 17 have an open 2" water line running into each pool and draining out the bottom. The new Arctic Edge exhibit will utilize the latest technology in Iffe support to create a dosed saltwater system, where the water will be cleaned, sanitized and re- circulated, thereby eliminating the current waste of millions of gallons of fresh water sach.year View Hell) CL72_1oa2_r1 common * 92. Will the proposed project foster mixed land uses and compact development, downtown revitalization, Brownfield redevelopment; the enhancement of beauty In public spaces, the diversity and affordability of housing In proximity to places of employment, recreation and commercial development and the integration of all Income and age groups? YJMNot Relevant. Please explain all responses. Yes. The project will greatly enhance the beauty and recreational value of the Buffalo Zoo, which is located five miles north of downtown Buffalo In hlstorleDelaware Pads, % ftw - Help Q 72 106L wraman *03. Will the proposed project provide mobility through transportation choice$ including Improved public transportation and reduced automobile depandency ?YININot Relevant. Please explain all responses. Not Aefevant _ View Nell] Q72 1064 U ocmmon * 94. Will the proposed project Involve coordination between state and local government and inter - municipal and regional planning? Y1NlNot Relevant. Please explain all responses. The Buffalo zoo unveiled Its 15 -year site improvement plan (master plan) In December 2001. The plan was revised In 2004 following Input from the State Office of Parks Recreation and Historic Preservalion. Ede County fdentfited the Site Improvement Plan as a Type I action for the purpose of SEAR and acted as lead agency in the review process. The SEAR was completed In July 2006. A copy Is attached, The plan supports the region's cultural tourism initiative and is listed as a priority project for the tourism industry sector in the Buffalo Niagara Partnership's Regional Agenda. Vi 1 Q 7.2_'108ELLLcammon * 95. Will the proposed project Involve participation in community based planning and collaboration? Y1NINot Relevant. Please explain all responses. In 2001, the Zoological Society of Buffalo hired Zoo designer Patrick Janikawski of Seattle, WA and the Buffalo based firm of Folt- Albert Associates to develop a master plan for the Buffalo Zoo. Prior to engaging the master planners, Zoo staffhe?d a series of Community Meetings at 14 sties throughout Eris and Niagara Gounly to give members 01`1116 public an opportunity to voice their aspirations for a newly renovated Buffalo Zoo. Public surveys afZoo visitors were also conducted onsits. The results of these community hearings and visitor surveys were shared with the Zoo designers at the start of the master planning process. Two community meetings were also held during the planning process to give members of the general public an opportunity to Interact with the design team and participate in the formulation of the master plan. Each new project built under the master plan has undergone a full review by the City of Buffalo's Preservation Board, Planning Board, and the State Office of Parks, Recreation and Historic Preservation. The Zoo's Education staff also works very closely with area teachers and science coordinators on development of the interpretive program and graphics for each new exhibit, Including Arctic Edge. Vlaw HeID r]_72_1068_U_cammon • 86. Will the proposed project ensure predictability In building and land use codes? YIN/Not Relevant. Please explain all responses. Not Relevant View HeID CL.72 1067 U common * 97. Will the proposed project promote sustalnablllty by strengthening existing and creating new communities which reduce greenhouse gas emrsalons and do not compromise the needs of future generations, by among other means encouraging broad based public involvement in developing and Implementing a community plan and ensuring the omrernance structure Is adequate to sustain Its implementation? Y /NlNot Relevant. Please explain all responses. The primary goal of Arctic Edge is to educate visitors about the plight of polar bears and how they can help. The U.S. Geological Survey predicts that polar bear populations will drop bytwo thirds bythe middle of this century without a reversal of sea Ice melt trends. This means that polar bears face a high risk of extinction in the wild. Coming face to face with a polar beer separated only by a pane of glass or watching a mother bear teach her cubto swim In our underwater viewing area will Inspire our visitors to make the personal commitment to help save them. Engaging graphics and Interactive exhibits throughout Arctic Edge wit inform visitors how they can reduce greenhouse gas emissions by using public transportation, adopling green technologies (solar, wind power), purchastng energy star appliances, and by making other positive changes In thalydally life. The Arctic Conservation Canterw€II even Include the daily sladdcel output of the Zoo's own solarenergy Installation planned for the roof of our Giraffe House. As the Buffalo Zoo is located in the second most populated city In New York State, we believe that the Ardis Edge exhibit will make a big difference in encouraging the entire community to help protect the environmen for future genera tions. View Hell] 0-72 1008 U_common General Certifications ' 98. By entering your name In the box below, you certify and agree that you are authorized on behalf of the applicant and Its governing body to commit the applicant to comply with the requirements of Article IS-A of the New York State Executive Law. Participation By Minority Group Members and Women With Respect To State Contracts by providing opportunities' for MBEIWIRF participation. You further certify that the applicant will maintain such records and take such a ctions necessary to de monstrate such compliance throughout the completion of the project. Page 1 5 of 17 Donna M. Fernandes i_72 tommoio " 89. By entering your name in the box below, you certify that you are authorized can behalf of the applicant and its governing body to submit this application. You further certify that all of the information contained In this Application and In all statements, data and supporting documents which have been made or furnished for the purpose of receiving Assistance for the project described in this application, am true, correct and complete to the hest of your knowledge and belief. You acknowledge that offering a written Instrument knowing that the written Instrument contains a faire statement or false Information, with the intent to defraud the State or any political subdivision, public authority or public benefit corporation of the State, with the knowledge or belief that It will be filed with or recorded by the State or any political subdivislon, public authority or public benefit corporation of the State, constitutes a crime under Now York State Law. D onna M. Fernandes Qj; 1038_CERT common " 100. Litigation; Is the company presently a party to any litigation or is any litigation pending or anticipated that could have an adverse material effect on the company's financial condition? I ndicate "Yea" or " If your answer is "Yes", please provide explanation In space provided. (L19_i 069_CERT ESD " 101. Does the company have any contingent liabilities that could have a material effect on Its solvency? Indicate "Yes" or "No". If your answer Is "Yes ", please explain In sp provided. 1_19 1070 CER ESD " 102. Has the company, Its afffllates or any member of Its management or any other concern with which such members of management have been officers or directors, ever bean Involved in bankruptcy, creditor's rights, or receivership proceedings or sought protection from creditors or has any senior manager or principal of the company ever been charged with or convicted of any felony, or misdemeanor other than minor traffic offenses, or been a member of the management, an owner or majority stockholder of any firm or corporation convicted of any felony? Indicate "Yes" or "No ". If your answer Is "Yes ", please provide an explanation. No 0_17_1071_GERT„ESD " 103. Are there any outstanding judgments or lions pending against the company other than liens in the normal course of business? Indicate "Yea" or "No ". If your answer is "Yes ", please provided explanation in space provided. Nq CL17 1o7z cl irr E$D I Funding Sources (Enter dollar amounts below) ' 104. Totel Project Cost O 72 557 B coMMOn " 105. Amount losing requested through CFA Q72 S58 B eammon " 1013. Amount provided directly by applicant toward project 12,426,114 4_72_65s_B_comman " 107. State sources committed to project View Hal g (L72 sse 8_oommon ' 108. Federal sources committed to (L_72 Ss2,B common q� 11 109. Local (municipal) sources committed to project, If different than applicant. 072_864_9 common Page 16 of 17 1� 190. Private sources committed to project 1 2,519,170 View Hel° 0_72 888 common " 711. Not- for- Protlftfoundation fun co to p roject 782,500 Q72_868_B_ common Expencilfure Activities (Enter dollar amounts below) ' 112. Planning —I 0.00 G 72_670_8 common • 113. Design 1,072,269 Q 72 672_8 common * 114. ConstructionfRanovatlon 13,353,845 Li 72_674_B_commcn " 915. Property Acquisition 0.00 Q72 676_8 common " 116. T raining Q aamman ' 117. marketing, Outreach, Advertising 0.00 R 72_878 B_camman Budget Categories (Enter dollar amounts below) " 118. salarle$ and ado Hein G7_72 681„$ common 119. Buppliestmaterials 0.00 I View Help Q,72_882 B cammcn " 120. Equipment and machinery 0.00 W el Q 72_684-P common ' 121. Travel 0.00 View Help G- 72885_8 common 122. Contractual Services ArchilerAural Design and Engineering Fees: $1,072,2611 Construction of Animal Exhibits and Site Woik $8,243,000 Construction of Hold €ng and Life Support Complex: $2,305,000 i Page 17 of 17 Construction ofArctfo Conservation Canter, $251,000 Design Contingency (10QfQ ., $7,099,500 Construction Contingency (5%): $004,945 Design and Fabrication of Graphics and interpretive Elements: $300,000 . ..... .... ... ....... _ _... - .. . View Hefo L1 72_6ea 8 ocmmon * 123. Other Reimbursable Expenses (printing of bid documents, testing, Inspection services, etc.); $150,000 View Help LL72 e8e_e_ common * 124. Furniture and Fixtures a.oa R_72719 B common 126. Rent 0.00 View Help Q7? 8 common * 126. Willies 0.00 View Help GL72 722„B_cammon Application Number 3493 I dmfemand @aoI,wm cpv V1003 STATE AGENCY (Name & Address): NYS COMPTROLLERS NUMBER: C113493 L New York State Office of Parks, Recreation and Historic. Preservation Albany, New York 12238 GUARANTOR (Name & Address): City of Buffalo City Hall 65 Niagara Square Buffalo, New York 14214 CONTRACTOR (Name & Address): Zoological Society of Buffalo, Inc. 300 Parkside Avenue Buffalo, New York 14214 -1999 CHARITIES REGISTRATION NUMBER: 047298 CONTRACTOR IS UP -TO -DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: 160911204 SFS VENDOR ID: 1000015010 NYS AGENCY NUMBER: EPF- 113493 -N4 ORIGINATING AGENCY CODE: 49070 REGION: NI TYPE OF PROGRAM: ENVIRONMENTAL PROTECTION FUND PKS INITIAL CONTRACT PERIOD: FROM: December 8, 2011 TO: December 31, 2013 FUNDING AMOUNT FOR INITIAL PERIOD: $400,000.00 STATUS: CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS A NON - FOR - PROFIT ORGANIZATION MULTI -YEAR TERM: (if applicable) FROM: December 8, 2011 TO: December 7, 2016 APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A... Standard Clauses for All New York State Contracts APPENDIX A 1... Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX A2 ... Not-for-Profit Prudent Procurement Certification APPENDIX B ... Budget APPENDIX C... Payment and Reporting Schedule APPENDIX D ... Program Workplan APPENDIX X ... Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E... Special Conditions and Requirements APPENDIX F... Program Specific Requirements IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF- 113493 -N4 CONTRACTOR: Zoological Society of Buffalo, Inc. By Date: Printed Name: Printed Title: STATE OF NEW YORK ) SS.: COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. GUARANTOR: City of Buffalo Notary Public, State of New York By: Date: Printed Name: Printed Title: STATE OF NEW YORK } } SS.: COUNTY OF } On the day of in the year , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their/ capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation i Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller i 0 Date STATE OF NEW YORK AGREEMENT `c This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT. NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement A. This period of this AGREEMENT shall be as specified on the face page hereof. Should funding become unavailable, this AGREEMENT may be suspended until funding becomes available. In such event the STATE shall notify the CONTRACTOR immediately of learning of such unavailability of funds, however, any such suspension shall not be deemed to extend the term of this AGREEMENT beyond the end date specified on the face page hereof. B. Funding for the entire contract period shall not exceed the amount specified as "Funding Amount for Initial Period" on the face page hereof. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. To modify the AGREEMENT, the parties shall revise or complete the appropriate appendix form(s). Any change in the amount of consideration to be paid, change in scope, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix Al. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. 'If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard CIauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. H. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix Q. The STATE shall pay the CONTRACTOR, in consideration of contract services, a sum not to exceed the amount noted on the face page hereof This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. M. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may terminate this AGREEMENT without cause by ninety (90) days prior written notice. D. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix Al. E. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the tenus of the notice. F. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. G. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents, and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. V. Property Any equipment, fumiture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix Al. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. ;1 B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix Al. STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract ") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE In accordance with Section 41 of the Stato Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON - ASSIGNMENT CLAUSE In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract Iet pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5 -A of the State Finance Law. 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS . In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON- DISCREVIINATION REQUIREMENTS To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220 -e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220 -c or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Page 1 December 2011 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3 -a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON - COLLUSIVE BIDDING CERTIFICATION In accordance with Section 139 -d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non - collusive bidding certification on Contractor's behalf. S. INTERNATIONAL BOYCOTT PROHIBITION In accordance with Section 220 -f of the Labor Law and Section 139 -h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set -off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set -off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set -off rights in accordance with normal State practices including, in cases of set -off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records "). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute ") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained hcrein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTI) MG INFORMATION AND PRIVACY NOTIFICATION. {a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is S� Page 2 December 2011 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A ({i requested by the purchasing unit of the agency contracting to purchase the goods or services or Iease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or. does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a ", "b ", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State, The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article I 1 -A of the State Finance Law to the extent required by law. 16. NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of Page 3 December 2011 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBREDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacBridc Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 . It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- 7th Floor Albany, New York 12245 Telephone: 518292 -5220 Fax: 518- 292 -5884 http: / /www.empire_state.ny.us A directory of certified minority and women -owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518- 292 -5250 Fax: 518- 292 -5803 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women -owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92 -261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS . Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Page 4 December 2011 STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). 23. COMPLLANCE WITH CONSULTANT DISCLOSURE LAW If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4 -g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139 -k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139 -j and 139 -k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5 -a, if the contractor fails to make the certification required by Tax Law Section 5 -a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5- a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. Page 5 December 2011 Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 APPENDIX A I Clauses Required by Office of Parks, Recreation and Historic Preservation Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior written approval of the STATE. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate fiords between budget items provided such changes do not exceed ten percent of any budget category and have the STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which are in excess of ten percent of any budget category, if agreed to by the STATE, will be implemented by an amendment to this AGREEMENT which shall be approved by the Office of the State Comptroller (See Section I, Paragraph D of the AGREEMENT). 2. Termination. A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the CONTRACTOR. B. The CONTRACTOR agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR from compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event of a breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. 3. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Omnibus Procurement Act. It is the policy of New York State to maximize opportunities for the participation of minorities and women as employees, and of New York State business enterprises, as subcontractors and suppliers on its procurement contracts. A. Omnibus Procurement Act Provisions. I. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (5I 8) 292 -5250 / Fax: (518) 292 -5803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vendors. II. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and assign or otherwise transfer offset credits created by this contract to third parties located in New York State. The contractor agrees to cooperate with the State in efforts to get foreign countries to recognize offset credits created by this contract. B. Equal Employment Opportunity Provisions. I. The CONTRACTOR and its subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 H. No later than seven days after being notified of the award of this contract the CONTRACTOR shall submit an Equal Employment Opportunity (EEO) policy statement to the STATE. 111. The CONTRACTOR's EEO policy statement shall contain, but not necessarily be limited to, and the CONTRACTOR, as a precondition to entering into a valid and binding State contract, shall, during the performance of the contract, agree to the following: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. (b) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or race, creed, color, national origin, sex, age, disability or marital status. (c) At the request of the STATE the CONTRACTOR shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the CONTRACTOR's obligation herein. IV. No later than seven days after being notified of the award of this contract the CONTRACTOR may be required to submit to the STATE a staffing plan of the anticipated work force to be utilized on this contract or, where required, information on the CONTRACTOR's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of staffing plan shall be supplied by the STATE. V. On a schedule to be determined by the STATE, and in a form and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, broken down by specified ethnic background, gender, and Federal occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. VI. The CONTRACTOR shall include the language of sub- paragraphs (I) through (V) in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with this contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, when requested, provide to the CONTRACTOR information on the ethnic background, gender, and Federal Occupational Categories of the employees to be utilized on this contract. VII. The CONTRACTOR agrees to comply with all applicable Federal, State and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. C. Minority/Women Owned Business Enterprise Provisions. I. A directory of minority and women -owned business enterprises is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292 -5250 /Fax: (518) 292 -5803 II. Definition. For the purposes of these clauses, the following definition shall apply: 6� (a) "Certified business" shall mean either a business certified as a minority or women -owned business enterprise pursuant to section 314 of the Executive Law. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 (b) "Director" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. (c) "Minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (1) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race; (3) Native American or Alaskan native persons having origins in any of the original peoples of North America; (4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. (d) "Minority -owned business enterprises" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at Ieast fifty -one percent owned by one or more minority group members; (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority ownership has and exercises the authority to control independently the day - to-day business decisions of the enterprise; and (4) an enterprise authorized to do business in this state and independently owned and operated. (e) "Subcontract" shall mean an agreement providing for total expenditures in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation or not- for -profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (f) "Women -owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty -one percent owned by one or more United States citizens or permanent resident aliens who are women; (2) an enterprise in which the ownership interest of such women is real, substantial and continuing; (3) an enterprise in which such women ownership has and exercises the authority to control independently the day -to -day business decisions of the enterprise ; and (4) an enterprise authorized to do business in this state and independently owned and operated. 111. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified MIWBE's on this agreement, at the d of the STATE, but in no case later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list all subcontractors and suppliers the contractor intends to use on the contract and indicate which are certified M/WBE's. (b) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 (1) the name of any M /WBE which is not acceptable for the purpose of complying with MIWBE participation goals; (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation of MIWBES; and (3) other information which the STATE determines to be relevant to the utilization program. (c) The contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within five days and direct the contractor to submit a request for a partial or total waiver of M/WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within five days of the contractors receipt of a notice that the statement of remedy was untimely or inadequate. (d) A contractor who has made good faith efforts to obtain commitments from M/WBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions of clauses (b) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) If the contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M/WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or if the contract has not been executed, the STATE shall withdraw from contract negotiations. Notice of termination or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. IV. Administrative Hearing on Disqualification of Contractor. (a) If the STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination of disqualification of the contractor. (b) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. (c) Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. V. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the M/WBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? El (b) Did the contractor place advertisements in appropriate general circulation, trade and minority or woman -owned publications in a timely fashion? Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 (c) Did the contractor make written solicitations to women and minority -owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion? (d) Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? (e) Did the contractor attend any prebid or preaward meetings scheduled by the STATE with MIWBE's which the STATE determined were capable of performing work or supplying materials on the contract? (f) Were the subcontract terms and conditions offered to M /WBE's comparable to those offered in the ordinary course of the contractor's business to other subcontractors on the contract? (g) Did the contractor make payments to MIWBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shall submit, and shall require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women -owned business enterprises on forms and at intervals to be established by the STATE. Reports not submitted at such times as shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure. or Inability to Meet MIWBE Participation Goals. (a) If the contractor, after making good faith efforts, is unable to comply with a contract's M /WBE participation goals, the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. (b) If the STATE, upon review of the contractor's utilization program and compliance reports, determines that the contractor is failing or refusing to comply with MIWBE participation goals, and no waiver has been issued in regards to such non - compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of MIWBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the contractor submits a request for a waiver of MIWBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15 -A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. (b) If the contractor fails to respond to a notice of deficiency, the STATE may file a complaint with the Director pursuant to section 316 of Article 15 -A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief. (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. U (e) Upon receipt of a complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15 -A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. Zoological Society of Buffalo, Inc. / Arctic Exhibit EPF- 113493 -N4 (f) Upon conclusion of the arbitration proceedings, the arbitrator. will submit to the Director his or her award regarding the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to grant a waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law and Rules.. (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommend to the Director a remedy, including, if appropriate, the imposition of sanctions, fines or penalties. The Director will either; (1) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed; or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determination of the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, from pursuing any -other remedies which it may have pursuant to law and the contract. IX. Subcontracts. The contractor will include the provisions of sub - paragraphs (V) and (VIII) above in every subcontract, as defined in sub - paragraph (II), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. 4. Non - Discrimination. The CONTRACTOR shall not limit access or discriminate in the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. Zoological Society of Buffalo, Inc_ Arctic Exhibit EPF- 113493 -N4 APPENDIX A -2 Clauses Required by Office of Parks, Recreation and Historic Preservation Not - for -Profit Corporation Prudent Procurement Certification I, (name), being the (title) of the (not-for-profit corporation), certify that said not - for -profit corporation has policies and procedures in place for procuring quality goods and services in a way that assures prudent and economical use of public money in the best interests of the taxpayers of the State of New York, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against nepotism, favoritism, improvidence, extravagance, fraud and corruption. Such procedures may include, but are not limited to, competitive bidding, the solicitation of three price quotes, written requests for proposals, etc. I also assert that documentation demonstrating the policies and procedures for procurement under this AGREEMENT is on file and will be available upon request for a period of six years from the ending date on the contract. I further acknowledge that Minority- and Women -Owned Business Enterprise (MWBE) opportunities are a priority of the State of New York and outreach to MWBE State certified firms is a requirement under this grant. I will ensure that utilization of New York State MWBE certified businesses are maximized under this grant. Date: Signature: Title; Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 APPENDIX B - BUDGET The detailed estimated budget for the project as outlined in this AGREEMENT is as follows: EXPENSES Development To include: demolish existing exhibit and disposal of stone work, $915,494.00 holding structures, caged holding area, stone /shotcrete paving, moat/slabs, plantings Administration To include: project sign, audit $_ 3,000.00 TOTAL COST $919,494.00 FUNDING BREAKDOWN 0 STATE Share $400,000.00 CONTRACTOR Share $519,494.00 Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 APPENDIX C - PAYMENT AND REPORTING SCHEDULE DEVELOPMENT I. Amount of Grant Award: $400,000.00 H. The STATE agrees to make available to the CONTRACTOR a sum not to exceed the funding amount identified on the face page hereof. The STATE share shall cover no more than fifty percent of eligible expenditures for any reimbursement request under this AGREEMENT. The grant reimbursement rate is determined by the ratio of funding amount to the total project cost in accordance with the budget (Appendix B). TII. The STATE'S share of the project cost asset forth in this AGREEMENT shall be paid to the CONTRACTOR electronically, in accordance with ordinary State procedures and practices. CONTRACTOR shall comply with the State Comptroller's procedures to authorize electronic payments which can be obtained at the State Comptroller's website at www. osc.state.n,�us /epgy /index.htm by email at epumt e ,osc.state.ny.us; or by telephone at 518 -474- 4032. CONTRACTOR acknowledges that it will it will not receive payment on any invoice submitted under this contract if it does not comply with the State Comptroller's electronic payment procedures. Electronic payments will be made in installments as follows: A. INSTALLMENTS: CONTRACTOR shall be reimbursed as expenditures accrue for costs incurred from the project as outlined in APPENDIX B. Payments shall be made upon review and approval of appropriate plans, specifications, expenditure and project documentation to the satisfaction of the STATE. B. A FINAL INSTALLMENT of not less than 10% of the STATE'S share of the total cost shall be made upon, to the satisfaction of the STATE: (1) completion of the project to the satisfaction of the STATE including the completion of the construction of the new arctic exhibit, (2) expenditure and project documentation, (3) review and approval of the Project Completion Report, (4) performance of a Final On -Site Inspection by the STATE, (5) if an amendment is required, a fully executed document must be on file prior to release of final reimbursement and formal close -out of the project, (6) for Parks projects, a list of facilities developed and/or acres acquired, an as -built and /or as- acquired site map* and a (final boundary map *. When parkland is involved, a map of the entire park, even if the subject of the grant involves property that is less than the entire park. The boundary map should show both: {a} the actual boundaries of the entire park in yellow, and in enough detail to be legally sufficient to identify the parkland, and {b} the actual boundaries of those parcels that are the subject of an acquisition or donation, color -coded and keyed to the "Schedule 1 - Summary Sheet Per Parcel" form. Acceptable methods of identification are: (1) metes and bounds (preferred), f 2 deed references, (3 ) adjoining water bodies or other natural landmarks, {4} government survey, (5) adjoining ownership's and/or 16} adjoining easements of record. Where one or more of these methods are not suitable for identification, measurements from permanent locators may be used. It is recommended that the map itself clearly show pertinent features such as roads, road names and numbers, bodies of water, buildings, structures, etc. The map must also identify all known outstanding rights and interests held by others, as well as known easements, deed/lease restrictions, reversionary interests, etc. The map must also include the title and number of the project, date of map preparation and name and signature of authorized officer, (7) approval by the STATE of documentation showing efforts made to satisfy requirements for the participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts, (8) for all projects, an accounting of all expenditures. See Appendix E for the requirement for this project. IV. Payment shall be made upon approval by the STATE and audit and warrant of the State Comptroller of vouchers executed by an authorized officer of the CONTRACTOR accompanied by such receipts and documents verifying expenditures as may be required by the STATE. 6� V. The CONTRACTOR shall submit, with each payment request, a certificate executed by an authorized officer, which shall attest that said payment does not duplicate a request for payment, or any payment received, from any other source for goods or services under this AGREEMENT. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 VI. The designated payment office shall be New York State Office of Parks, Recreation and Historic Preservation, Albany, New York 12238. VII. Within fifteen days of receiving the voucher, the STATE shall notify the CONTRACTOR of any problem with the voucher; for example, whether there are mistakes on the voucher or additional documents must be submitted. Once the CONTRACTOR has submitted a voucher to the STATE, the STATE will review and audit the voucher and submit it to the State Comptroller within thirty days. VIII. The STATE shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this AGREEMENT. The CONTRACTOR shall allow the STATE unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the STATE in all construction contracts relating to the project. IX. The CONTRACTOR can receive reimbursements of all or any part of the above referenced schedule provided the appropriate expenditure and project documentation is submitted and approved by the STATE. y *May be prepared on one map. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 APPENDIX D - PROGRAM WORKPLAN I. PROJECT NARRATIVE: The Zoological Society of Buffalo will construct anew arctic exhibit at the Buffalo Zoo. The current polar bear exhibit has suffered from 70+ years of neglect and does not meet the standards of the Association of Zoos and Aquariums, which accredits zoos. Unless the Buffalo Zoo builds a new exhibit in the next few years, the polar bears will be permanently placed at another facility. Loss of one of its most popular species would be devastating to the Buffalo Zoo's attendance and Iong -term financial stability. Construction of Arctic Edge will secure the Zoo's place as the most popular cultural destination in Erie County. In addition, the interpretive graphics and interactive exhibits will educate hundreds of thousands of Western New Yorkers about climate change and ways they can act to reduce greenhouse gas emissions. The grant funds will assist in the initial demolition phase. H. ARTICLE 15A PARTICIPATION: The STATE has established the following goals for the participation of certified minority and women -owned businesses (MWBEs) on this project: MBEs, 8% of total dollar value WBEs, 7% of total dollar value The CONTRACTOR shall comply with the provisions of the document labeled Appendix Al, which is attached to and made a part of this AGREEMENT. III. PROJECT SCHEDULE: The following Schedule is a recommended timeframe for monitoring major thresholds which will result in completion of the grant by the scheduled ending date. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non - adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should be submitted for approval/acceptance by the STATE as follows: ITEM DATE DUE THE FOLLOWING ITEMS MUST BE SATISFIED BEFORE STARTING THE BIDDING PROCESS A copy of the Solicitation/RFP for Design Services Final Plans and Specifications May 2012 June 2012 UPON SATISFACTION OF THE ABOVE, PROCEED WITH THE FOLLOWING: Construction Bidding Process Commences Bid Award MWWBE Utilization Program Start of Construction MWBE reports/Payment Requests Project Completion July 2012 August 2012 August 2012 September 2012 ONGOING December 2013 0 Close -out Documentation Requirements (See Appendix C) March 2014 Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 APPENDIX X - MODIFICATION AGREEMENT FORM Period From: To: Funding Amount for Period: Agency Code: 49070 Project #: 113493 Contract #: C113493 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Office of Parks, Recreation and Historic Preservation, having its principal office at Albany, New York 12238 ( hereinafter referred to as the STATE), and the Zoological Society of Buffalo, Inc., having its principal office at 300 Parkside Avenue, Buffalo, New York 14214 -1999 (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C 113493, as amended in this Appendix. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR: Zoological Society of Buffalo, Inc. By: Printed Name: Printed Title: Date: STATE OF NEW YORK ) )SS. County of ) STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation By: Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity (ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ATTORNEY GENERAL (Notary Public, State of New York) Approved: Thomas P. DiNapoli State Comptroller By Date Zoological Society of Buffalo, Inc. G � Arctic Exhibit EPF- 113493 N4 APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS PKS PROJECTS *I. With the commencement of the project, the CONTRACTOR shall erect a project sign at the project site noting the State's assistance to the project. The project sign specifications are available from the STATE. The project sign shall remain in place in perpetuity. II. In the event of any unanticipated archeological discoveries, the CONTRACTOR shall stop all work and notify the STATE immediately. Work shall not resume until the STATE determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. *III. Due to the potential for ground disturbance resulting from any ground disturbing activity (e.g. trenching, grading, demolition, new construction), an archeological survey is required unless substantial prior ground disturbance can be documented. Documentation of prior ground disturbance, or a proposal for archeological testing, . must be reviewed and approved by the STATE before undertaking either the testing or ground disturbance. *IV. The CONTRACTOR will consult with the STATE's Historic Preservation Office (SHPO) before finalizing any plans for and/or designs of development of existing features at the involved properties. Such features include buildings, structures, topography (the height, depth or shape of natural or man -made ground features), vegetation (hedges, fields, wood lots), circulation components (roads, paths, trails, parking areas), natural and man -made water features, and site furnishings and objects. Materials describing existing conditions (photographs and written narratives) will be submitted for SHPO review; subsequently, information regarding proposed work (drawings, written narratives, technical materials) also might be required. V. As a prerequisite to final reimbursement, this project requires an audit of the Statement of Contract Revenues and Contract Expenditures performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States to the satisfaction of the STATE. VI. Since the CONTRACTOR is not the sole owner of the unencumbered fee of land identified under this AGREEMENT, the OWNER will act as GUARANTOR and will assume and abide by all terms and conditions of this AGREEMENT. VII. The CONTRACTOR may receive payment by paper check if expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to extenuating circumstances. *Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. Zoological Society of Buffalo, Inc. Arctic Exhibit / l� EPF- 113493 -N4 APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS I. Construction Requirements. A. Contract plans, specifications, and cost estimates shaII be submitted to the STATE for review prior to the letting of any construction contract by the CONTRACTOR. Once all changes have been made and agreed to by the STATE and the CONTRACTOR, the CONTRACTOR shall submit three copies of the plans, specifications and cost estimates to the STATE. The STATE shall verify that the plans, specifications and cost estimates are in conformance with the work described in "APPENDIX B - BUDGET" and shall so notify the CONTRACTOR in writing; the STATE shall fiu-ther verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. A complete set shall be returned to the CONTRACTOR by the STATE and shall be kept on the project site at all times. All plans and specifications as reviewed shall become part of this AGREEMENT, and no change or revision may be made to such plans and specifications without the express written consent of the STATE. B. Contracts for construction in excess of thirty five thousand dollars ($35,000) shall be awarded after competitive bidding in accordance with the provisions of the General Municipal Law. A certified copy of a summary of all bids shall be submitted to the STATE prior to awarding a contract, and an executed copy of the construction contract will thereafter be submitted to the STATE. C. The CONTRACTOR shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- Appendix A to 41 CFR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform. Fire Prevention and Building Code (parts 1 100 -1102 of Tit le 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design /construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. D. It is the CONTRACTOR'S responsibility to assure that all work on the project complies with all applicable state and/or local laws including, but not limited to, zoning ordinances and building codes. E. All purchase contracts involving an expenditure of more than twenty thousand dollars ($20,000) shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. F. It is the CONTRACTOR's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The CONTRACTOR must also obtain from any contractor or sub - contractor hired to provide a service pursuant to this AGREEMENT, similar proof or waiver from the contractor or sub - contractor, and must maintain such documentation on file for audit. G. Goods and services which are not required by this contract to be procured by the CONTRACTOR pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. H. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the project. A. Except for the imposition of a differential fee schedule for non - residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non - residents shall not exceed twice those charged to residents. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF- 113493 -N4 B. Where there is no charge for residents but a fee is charged to non - residents, non- resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non - residents and the period of availability must be the same for both residents and non - residents. D. This provision does not apply to non - resident fishing and hunting license fees. M. Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGREEMENT shall not supplant local funds already appropriated or identified by the CONTRACTOR for the project. IV. Termination. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or termination of any obligation of the STATE. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). V. Alienation. A. The CONTRACTOR shall not at any time sell or convey any facility acquired or developed pursuant to this AGREEMENT or convert such facility to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the STATE. B. In addition to the provisions of subparagraph (A) of this section, and notwithstanding anything to the contrary contained herein, the CONTRACTOR shall not sell, lease or otherwise convey in any manner or permit a change in use of the project, in whole or in part, unless it shall have first received the approval of the STATE. Al C. The CONTRACTOR agrees to own or hold by Iease and to maintain and operate the project in perpetuity. The CONTRACTOR shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the STATE. Zoological Society of Buffalo, Inc. Arctic Exhibit EPF - -N4 Zoological Society of Buffalo, Inc: Arctic Exhibit EFF- 113493 N4 Zoological Society of Buffalo, Inc. Arctic Exhibit EPF-J 13493-N4 101. Buffalo Zoological Society — Grant Mr. 64 roved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 2012, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and hereby is authorized on behalf of the City to accept the award of a grant, totaling $400,000.00 for a Zoo Improvements Project from the New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) and that the Mayor be, and he hereby is authorized to execute the necessary grant funding agreement and related documentation as shall be required or useful in facilitating the City of Buffalo's or the Department of Public Works, Parks and Streets' receipt and utilization of the grant funding. Passed. T:%wp60\.W\C0UNCELI5 -29 -12 mceting\Buffalo Zoological Society- Grant.docx l AYE NO * FONTANA * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SMITH * * * * Maj - 5 * �* 2/3- 6 3/4- 7 0 00 1 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 21, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: City Court [: Basement Detention Center [: .lob #1043 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, Wilsandra Construction, C #93000815. 1. Furnish overtime work to finish flooring. Add $ 2,836.00 2. Furnish and install privacy fence for judges. Add $ 3,963.00 3. Delete intumescent fireproofing at vestibule. Subtract $ 5,445.00 4. Furnish and install facebrick for elevations 5/A200, - Add $ 1,035.00 61A200. The foregoing changes results in a net increase in the contract of Two Thousand Three Hundred Eighty Nine and 001100 Dollars ($2,389.00). Summary: Original Contract Amount $1,364,000.00 Change Order #1 Add $ 20,640.70 Change Order #2 Add $ 14,369.30 Amount of These Change Orders ( #3 & #4) Add $ 2,389.00 Revised Contract Amount $1,401,399.00 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks &Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. SJSIPJMIPSIdlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. :t. Title: City Engineer For: Commissioner of Public W ks; Parks & Streets Signature of Department Head: g p / � t Change in Contract — City Court Basement Detention Center (Ell) Mr. 646A,�ved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Orders #3 and #4 in the amount of $2,389.00 (Original Contract Amount $1,364,000.00 + Amount of Change Order #1 $20,640.7q + Amount of Change Order #2 $14,369.30 + Amount of Change Orders #3 and #4 $2,389.00 for a total revised contract amount of $1,401,399.00) for the. City Court Basement Detention Center to Wilsandra Construction,. C #9300815. Funds for the project will be available in Account 34323006 445100 — Buildings. Passed. TA pWUMCOUNCIL \5.29 -12 meeting \Change in Contract -City Court basement detention ctr,doc 1� AYE NO FONTANA FRANCZYK GOLOMSEK LOCURTO PRIDGEN * RIVERA * RUSSELL * SCANLON * SMITH * * * Maj - 5 2/3- 6 3/4- 7 00010 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 21, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: MLK Jr. Park [: Humboldt Basin [: Job #1122 [: Masten District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP } TEXT I hereby submit to Your Honorable Body the following changes for MLK Jr. Park, Humboldt Basin, Man O'Trees, C #93000785. 1. Reconstruct perimeter wall, including construction of new Add $ 35,725.45 concrete sidewalk pavement section, concrete curb, concrete piers, and installation of precast concrete cap stone. Provide and install 12 Mystical Fun Valve /Nozzle in above ground piers. The foregoing changes result in a net increase in the contract of Thirty Five Thousand Seven Hundred Twenty Five and 451100 Dollars ($35,725.45). Summary: Original Contract Amount Amount of This Change Order Revised Contract Amount $3,090,445.39 $ 35,725.45 $3,178,375.45 Costs have been reviewed by the consultant (Wendel Duchscherer) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32080006 445100 - Buildings. SJSIPJMIFGIdig cc: Comptroller J. Jacobs, Buildings 4 #k, . st ,r I off. #e Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissiontf, orks, Parks & Streets Signature of Department Head: � f t Change in Contract — MLK Jr., Park Humboldt Basin (Masten) Mr. Odwv That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 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 $35,725.45 (Original Contract Amount - $3,090,445.39 + .Amount of Change Order - $35,725.45 for a total revised contract amount of $3,178,375.45) for the MLK Jr., Park Humboldt Basin to Man O'Trees, C #9300785. Funds for the project will be available in Account 32080006 445100 — Buildings. Passed. TAwp60VRP\C0UNCILI5-29 -12 meeting\Change in Contract -MLK Jr Pk Humboldt HasinAtic AYE NO * FONTANA * FRANCZYK * GOLOMSEK * LOCURTO * PRIDGEN . * RIVERA * RUSSELL SCANLON * SMITH Maj -5 * Q 2/3- 6 3/4- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 21, 2012 000j') FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Police Garage [: Carwash Replacement [: Job #1038 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for the Police Garage, Carwash Replacement, Belanger, Inc., C #93000806. 1. Furnish and install the electrical power and control wiring Add $ 8,341.00 required for the Saber car wash. The foregoing change results in a net increase in the contract of Eight Thousand Three Hundred Forty One and 001100 Dollars ($8,341.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $155,500.00 Add $ 8,341.00 $163,841.00 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 33320306 445100 -Buildings. SJS /PJM /PS /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner of P M ks, Parks & Streets Signature of Department Head: 0 Change in Contract — Police Garage Carwash Replacement (Ell) Mr. &1t "moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 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 $8,341.00 (Original Contract Amount - $155,500.00 + Amount of Change Order - $8,341.00 for a total revised contract amount of $163,841.00) for the Police Garage Carwash Replacement to Belanger, Inc., C 493000806. Funds for the project will be available in Account 33320306 445400 — Buildings. Passed. TAwp40VRPIC0UNCIU5-29 -12 meetingThange in Contract - Police Garage Car Wash Replacement.doc 5 FRANCZYK * GOLOMBEK LOCURTO * PRIDGEN * Maj -5 2/3- 6 3/4- 7 RIVERA * RUSSELL SCANLON SMITH * 0001N #2 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 21, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [: Change Order #1 [: Erie Basin Marina [: Engineering & Design [: Contract No. 93000311 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx/xx/xx [: Item No. 61, C.C.P. March 17, 2009. q The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000311 as follows: Original Contract: $ 247,600.00 Chanize Order #1: $ 22 New Contract Amount: $ 270,300.00 The scope of this contract is the engineering, design and inspection of the rehabilitation work at the Erie Basin Marina. As construction progressed for this project, various initial designs were modified as a result of field conditions. This additional work specifically for the restroom and shower facilities as well as. the boardwalk caused our consultant additional man hours, time and resources. I have reviewed this change with our project engineer and find it fair and equitable. Funding for the additional work is available in Account 31980006 - 445100, an account(s) to be named at a later date. PJM:SJS:DAB:DJP CC: Bill Heinold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: 0 Change in Contract — Erie Basin Marina Engineering and Design Mr."NWr .moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 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 $22,700.00 (Original Contract Amount - $247,600.00 + Amount of Change Order - $22,700.00 for a total revised contract amount of $270,300.00) for the engineering, design and inspection of the rehabilitation work at the Erie Basin Marina to Contract Number 93000311. Funds for the project will be available in Account 31980006- 445100, and an account(s) to be named at a later date. Passed. Tlwp6o\W\COUNCILI5 -29 -12 moctingThange in Contract -Erie Basin Marina.doc AYE NO * FONTANA * FRANCZYK * GOLOMBEK LOCURTO * PRIDGEN * RI * RUSSELL- * SCANLON SMITH * '� 3/4- 7 0001`) #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 23, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Commissioner's Office SUBJECT: [: Extend Contract for j: Portable Toilets for [: City of Buffalo Parks PRIOR COUNCIL REFERENCE: (IF ANY) [: p This is to request Your Honorable Body authorize the Department of Public Works, Parks and Streets to extend the Portable Toilets for the City of Buffalo Parks contract between City of Buffalo and Ball Toilet & Septic, Inc. on a month to month basis from July lst 2012 through September 30 2012 at a monthly cost of $7,692.00 while formal procurement of a new contract is executed. I certify that this increase is fair and equitable for the work involved. Funding for this work is available in Account #14222006 - 444201 plus an account to be named at a later date. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Steven J. Stepniak Commissioner Vl� Extend Contract for Portable Toilets for City of Buffalo Parks Mr. Gr,J.wiomove& That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he is hereby authorized to enter into a extend the portable toilets for the City of Buffalo Parks contract between the City of Buffalo and Ball Toilet & Septic, Inc. on a month -to -month basis from July 1, 2012 through September 30, 2012, at a monthly cost of $7,692.00, while a formal procurement of anew contract is executed. Funding for this work is available in Account #14222005- 444201, and an account to be named at a later date. Passed. T:\wp60\WP COUNC1U5 -29 -12 rneeting%xtend Contract - Portable Toilets for COB Parks.docx cE AYE NO * FONTANA * FRANCZYK GOLOMSEK LOCURTO * PRJDGEN * RIVERA * RUSSELL * SCANLON * SMITH * * Maj - 5 213- 6 3/4- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Q Q DATE: May 22, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: District Heat [: Distribution System Improvements [: Ellicott District PRIOR COUNCIL REFERENCE: (If Any) [: EX. (ITEM NO. CCP ) TEXT: I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for improvements to the City's District Heat System. The funds are available in 31320306 445100 - Buildings. SJS /PJM /DDC /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Steven J. Ste nick 1 . , r Title: Commissioner of Public,­,. , arks.& Streets Signature of Department Head: Permission to Hire Consultant — District Heat Distribution System Improvements (Ell) Mr.(xdnr That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 a consultant to provide architectural and engineering services for improvements to the City's District Heat System. Funds are available in Account 31320306 445100 —Buildings. Passed. T:\wp60M \COLJNCU,\5 -29 -12 meeting\Permission to Hire Consultant.doc * AYE *NO* FONTANA * FRANCZYK GOLOMBEK * LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH Maj - 5 213- 6 3/4.- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 22, 2012 Q/ FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Fire Engine 35 [: Reconstruction [: Fillmore District PRIOR COUNCIL REFERENCE: (If Any) [: EX. (ITEM NO. CCP ) TEXT: hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for structural improvements and reconstruction of apparatus bay floor to support new fire trucks at Fire Engine 35. The funds are available in 34323706 445100 - Buildings. SJS /PJM /DDCIdIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Steven J. Ste niak . Title: Commissioner of W orks� arks & Streets Signature of Department Head: lv Permission to Hire Consultant — Fire Engine 35 Reconstruction (Fill) MrL mvdl moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 a consultant to provide architectural and engineering services for structural improvements and reconstruction to of apparatus bay floor to support new fire trucks at Fire Engine 35, Funds are available in Account 34323706 445100 — Buildings. Passed. T:%wp60URP \COUNCjL15 -29 -12 meetingVertnission to Hire Consultant- Engine 35Aau 1� Mai -5 2/3- 6 314- 7 *AYE *NO* FONTANA * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SMITH � * * * * * * * #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0002 TO: THE COMMON COUNCIL DATE: May 22, 2012 _ a FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to Hire Consultant [: Marcy Casino [: New Interior Elevator [: Delaware District PRIOR COUNCIL REFERENCE: (If Any) [: EX. (ITEM NO. CCP ) TEXT: I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for a new interior elevator at Marcy Casino. The funds will be available in from the 2012 bond sale in April. SJS /PJM /DDC /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Steven J. Stepniak Title: Comm iss�i�n�er`of Pub'. , marks &Streets r' s Signature of Department Head: Permission to Hire Consultant — Marcy Casino New Interior Elevator (Del) q� Mr. 661 hnoved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 a _ consultant to provide architectural and engineering services for a new interior elevator at Marcy Casino. Funds will be available from the 2012 bond sale in April. Passed. 7: \wp60V"\COUNCIL \5.29 -12 meetingTo mission to Hire Consultant -Mercy Casino.doc 11�1 . AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL * SCANLON SMITH * * Maj - 5 2/3- 6 3/4- 7 0003 41 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 22, 2012 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: [Permission to Increase Consultant Contract [Watts Architecture & Engineering, P.C. [Porter Avenue Reconstruction -Phase II [Contract # 93000124 [Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No., C.C.P.) I hereby submit to your Honorable Body the following change for this contract. Watts Architecture & Engineering, P.C. is the engineering consultant for reconstruction of Porter Avenue between Niagara Street and Symphony Circle. This increase is necessary for additional services related to Design and construction inspection services for the project. The Construction inspection costs are based on actual time spent by the inspector in the field during construction phase. Current Contract. Amount: $ 422,047.00 This Change Order: $ 117, 666.00 Total: $ 539,713.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $117, 666. 0 0 This is a Federal and State funded project with City's share of 5 %. The funds are available in capital project account to be named at later date. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNA'T`URE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer pill Permission to Increase Consultant Contract — Porter Ave. Reconstruction Phase II (Nia) 10� Mr. (ok"Amoved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 $117,666.00 (additional design and construction inspection services) to the Porter Avenue Reconstruction — Phase II. This is a Federal and State funded project with the City's share of 5 %. The funds are available in capital project account to be named at a later date. Passed. T: \wp60V"=UNCIL \5 -29 -12 meetingTermission to Increase Consultant Contract.doe 1D� AYE NO FONTANA * FRANCZYK * GOLOMBEK * LOCURTO PRYDGEN * RIVERA * RUSSELL SCANLON * SMITH * * * Maj - 5 213- 6 * �* 3/4- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 22, 2012 000 =_ FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Emergency Bid [: Broadway Garage [: Partial Roof Reconstruction [: Job #1247 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I received the following emergency bids for the Broadway Garage, Emergency Partial Roof Reconstruction. Due to the emergency condition, we must proceed with this work immediately. The roof is caving in under the deck, putting pedestrians in danger. Jos. A. Sanders & Sons $13,471.00 P O Box 894, Buffalo, NY Grove Roofing Services $16,100.00 931 Reading, Buffalo, NY Jameson Roofing $22,375.00 - 3769 E. Lake, Dunkirk, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Jos. A. Sanders & Sons. Funding for this project is available in 34322706 445100 - Buildings. SJSIPJM /BMGldlg cc: J. Jacobs, Buildings Department Head Name: Peter J. Me_rlo, P.E_ Title: Ci Eric iineer Signature of Department Head: Report of Emergency Bid — Broadway Garage Partial Roof Reconstruction (Ell) 1 1 Mr. (,*^V%oved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 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 $16,100.00 to Grove Roofing Services for emergency roof reconstruction. Funding for this project is available in Account # 34322706 445100 — Buildings. Passed. T:1wp6EW\COUNC1L15 -29 -12 meetinglReport of Emergency Bid - Broadway Garage.docx � AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL. * SCANLON * SMITH Maj -5 .n �* V 213- 6 314- 7 000?" #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 23, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks PRIOR COUNCIL REFERENCE: (IF ANY)[ An advertisement for bids was posted March 14, 2012 and I received the following formal sealed bids for Guard Security of the City of Buffalo Pools which were publicly opened and read on March 28, 2012. The following bids were received: Company Executive Investigation & Security, Inc. Command Security Corp. USA Pools of New York Rivera B.C.J.S Investigations, Inc. I hereby certify that the foregoing is a true and correct statement of all bids received and that U.S.A. Pools of N.Y., Inc, with a bid of ninety five thousand seven hundred and sixty dollars and zero cents ($95,760.00), is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and U.S.A. Pools of N.Y., Inc, to provide professional services necessary for guard security services at City of Buffalo pools. Funds for this work are available in Account #14222006- 434000. 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: SUBJECT: [: Request for Approval [: For Guard Security of the City of Buffalo Pools (: between City of Buffalo and (: U.S.A. Pools of N.Y., Inc. Unit Bid Bid Total $24.90/hr $100,396.80 $24.54/hr $98,945.28 $23.75/hr S95,760.00 $20.07/hr bid withdrawn cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks SJS /AR z 1� Request for Approval — Guard Security at City of Buffalo Pools Mr. 666- moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 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 $95,760.00 to USA Pools of New York, to provide professional services necessary for guard security services at City of Buffalo pools. Funds for this work are available through Account #14222006- 43400. Passed. T:%wp60UUP COUNCIL\5 -29 -I2 meeting\Request for Approval -Guard Seourity.doex Id Maj - S * /y 213- 6 * `* 3/4- 7 AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA RUSSELL * SCANLON Maj - S * /y 213- 6 * `* 3/4- 7 00020 #1 [Rev. 1/93] SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 111 TO: THE COMMON COUNCIL DATE: May 23, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks PRIOR COUNCIL REFERENCE: (IF ANY)[ SUBJECT: [: Request Permission To Accept [: Donation of Design and Construction [: Services for Jersey Storage Room [: Addition to Lafayette Ice Rink [: from North Buffalo Bisons Hockey Assoc.. Permission is hereby requested from Your Honorable Body to accept donation of design and construction services for the following to be administered by the North Buffalo Bisons Hockey Association, Inc. to be implemented in Lafayette Ice Rink at 156 Tacoma Avenue, Buffalo, New York as described: Name Amount Location Jersey Storage Room Addition $12,004.00 Lafayette Ice Rink Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks Request Permission to Accept Donation of Design and Construction Services — Lafayette Ice Rink Mr. Wbmbj� moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 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 donation of design and construction services for the jersey storage room addition to the Lafayette Ice Rink from the North Buffalo Bisons Hockey Association, Inc. Passed. TAwpti0 W\COLINCQA5 -29 -12 meetingWermission to Accept Donation of Design and Construction Smices.docx Maj -5 2/3- G 3/4- 7 GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SMITH * * * * P FROM THE CORPORATION COUNSEL May 29, 2012 000.'7 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: May 22, 2012 FROM: DEPARTMENT: LAW SUBJECT: Agreement between City of Buffalo and Buffalo Place, Inc. (`Buffalo Place') for continued payments by City for services performed by Buffalo Place PRIOR COUNCIL REFERENCE: None Buffalo Place, Inc. (and later also Buffalo Place Foundation, Inc.) has since at least 1997 played a central role in providing important quality of life amenities in Buffalo and also in performing basic maintenance services at Buffalo Place such as cleaning, snow removal, painting, litter control/removal and various other important services which would otherwise have been performed directly by the City of Buffalo. The existing agreement between the City and Buffalo Place expires on June 30, 2012. Accordingly, we are requesting that your Honorable Body authorize a formal renewal/extension of the agreement between Buffalo Place and the City in substantially the form of agreement which is attached to this communication. The proposed renewed agreement consists of the following material terms: 1. Three year term runnin from July 1, 2012 through June 30, 2015. 2. Annual City payment to Buffalo Place, Inc. in the amount of $125,000 in consideration of the services provided. 3. Continued provision of services by Buffalo Place, Inc. I am requesting that your Honorable Body authorize the Mayor to execute a new agreement with Buffalo Place, Inc. containing the above referenced terms and generally conforming to the form and substance of the existing agreement between the City and Buffalo Place, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the agreement with Buffalo Place, Inc. I am further requesting that your Honorable Body authorize the Mayor and/or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final agreement in its final form. Department Head Name: Timothy A. Ball .Title: Corporation Counsel SIGNATURE OF DEPARTMENT HEAD: �-- 4 A/1 �a AGREEMENT THIS AGREEMENT made as of the day of , 2012, by and between the City of Buffalo, a municipal corporation of the Stale of New York, hereinafter referred to as the "CITY", and Buffalo Place, Inc., a New York not-for-profit corporation, having office and a place of business at 671 Main Street, Buffalo, New York 14203, hereinafter referred to as "BPI'. WITNESSETH: WHEREAS, at the request of the CITY and the County of Erie, the Legislature of the State of New York enacted legislation authorizing the County of Erie to establish a special charge district within the CITY's downtown area, to enter into agreements for the maintenance of the special charge district including the delegation by the CITY to the County or its contractors the power to grant licenses or permits or regulate activities in the special charge district and to contract with a not - for -profit corporation to provide mall service; and WHEREAS, the County of Erie has established such a special charge district pursuant to a Resolution of the Legislature of the County of Erie; and WHEREAS, BPI was created under the laws of the State of New York as a not - for -profit corporation for the purpose of assuming certain responsibilities as specified from time to time for the management, maintenance and promotion of the area shown on Exhibit A hereinafter referred to as BUFFALO PLACE; and WHEREAS, BPI has entered into an Agreement with the County of Erie pursuant to which Agreement the County contracted with BPI to provide services as specified in its annual budget to manage, maintain and promote BUFFALO PLACE and the County agreed to turn over the annual proceeds of the special charge to BPI for such purposes; and WHEREAS, some of the services to be provided by BPI are basic services previously supplied by the CITY such as cleaning and snow removal, and, accordingly, the CITY agreed to supplement the proceeds of the special charge with payments of funds to BPI on an annual basis as long as BPI continued to perform such services; and WHEREAS, BPI is presently assisting the City in its review and granting of licenses to vendors in the special charge district and in the past has received a portion of the license fee for such assistance; and WHEREAS, the parties desire that BPI continues to assist the CITY in vending licensing with the understanding that the compensation to BPI for such services will be a part of but inclusive in the annual fee the City is to pay to BPI under this Agreement and will not be allocated from the vendor license fee; and WHEREAS, the parties desire that such annual fee shall further be deemed to be in lieu of any and all special district charge or charges which may be due as of the date of this Agreement on the downtown baseball stadium currently known as Coca -Cola Field or on or as to any property located in the special charge district known as Buffalo Place which is owned by the City or by the City of Buffalo Urban Renewal Agency. WHEREAS, the CITY and BPI desire to enter into a three year Agreement to provide for annual payments to BPI which will be in consideration of and reflect such factors as the assistance in vending licensing, lease of City or BURA property to private entities, escalation of the costs for basic services and the performance of additional management and promotion services not originally contemplated. NOW, THEREFORE, the parties agree as follows: 1. BPI will provide services for the management, maintenance and promotion of BUFFALO PLACE (Exhibit A) as such services are shown on Exhibit B which Exhibits A and B are attached hereto and made a part hereof, for the period commencing July 1, 2012 through June 30, 2015. The management, maintenance and promotion services to be provided by BPI included within the scope of this Agreement are set forth in Exhibit B attached hereto and hereby made a part of this Agreement. Exhibit B also excludes from the scope of services any repair or maintenance obligation involving a capital expenditure. 2. The CITY will appropriate and pay to BPI the following: A) for the period from July 1, 2012 through June 30, 2013, the CITY will pay Buffalo Place $125,000 within said time frame; B) for the period from July 1, 2013 through June 30, 2014, the CITY will pay Buffalo Place $ 125,000 within said time frame; C) for the period from July 1, 2014 through June 30, 2015, the CITY will pay Buffalo Place $ 125,000 within said time frame. Such payments are contingent upon monies being appropriated annually for such payments by the CITY. This Agreement is further subject to the prior approval of the Buffalo Fiscal Stability Authority, if required. BPI will continue to provide assistance to the City in the downtown vending license program but shall not receive a portion of the vendor license fee. 3. BPI agrees that it will not impose a special charge or request a payment in lieu thereof during the term of this Agreement on any property which is owned by the City or by The City of Buffalo Urban Renewal Agency based upon the ownership and use of such property as of the date of this Agreement. "No charge shall be imposed related to Coca Cola Field. 4. BPI, will continue to provide staff assistance for the implementation of a program or programs to reduce parking rates or to otherwise reform public parking in downtown. 5. BPI will continue to provide staff assistance for any future downtown summits sponsored by the Mayor and the Common Council. 6. BPI agrees to permit the Comptroller of the City of Buffalo to audit its books and records when deemed necessary by the City. 2 7. BPI will be acting as an independent contractor and neither it nor any of its employees, agents �l'1 or officers shall be or hold themselves out to be employees, agents or officers of the City of Buffalo. 8. No officer, employee, agent or representative of the City shall be liable personally to BPI under or by reason of this Agreement or any of its covenants, articles or provisions. 9. BPI agrees to comply with all applicable laws of the United States, the Stale of New York, the County of Erie and City of Buffalo including laws against discrimination and with all rules and regulations of any governmental authority having jurisdiction. BPI hereby further agrees to continue BPI's efforts to hire City of Buffalo residents for BPI's workforce and BPI's consistent efforts and proven record of achieving and maintaining racial diversity in its workforce. BPI's workforce employment statistics showing racial and gender, diversity as of BPI's 2008 "census" and 2012 "census" are set forth on Exhibit C attached hereto and made a part hereof. 10. BPI hereby indemnifies and holds CITY harmless (and agrees to defend the CITY) from and against all losses, liability, claims, costs and or expenses relating in any way to the management, maintenance and or any other functions performed by BPI under or in any way related to this Agreement. BPI shall endeavor to obtain a similar commitment for indemnity of the CITY from any vendor of BPI and shall require such vendors to have the CITY and BPI named as additional insureds under all vendors' general liability insurance policies. In furtherance of BPI's indemnification of the CITY, BPI agrees to at all times during the term of this Agreement to maintain and keep and pay for general/public liability insurance (with limits of at least $1,000,000 per occurrence/$2,000,000 aggregate) to protect BPI and the CITY against loss by reason of bodily injury, death or property damage caused directly or indirectly by activities in or at the areas known as Buffalo Place as described in this Agreement or by any person acting on behalf of BPI. The CITY shall be named as additional insured on such policy or on certificates of :insurance evidencing such policy as well as on any excess/umbrella liability and or automobile policy. Further, BPI shall keep and maintain in place and pay for automobile insurance coverage having limits of at least $1,000,000 per occurrence (covering all vehicles in use) with CITY also being named as additional insured. BPI shall also provide CITY with proof of Workers Compensation insurance. Each such class of insurance described above must be provided by insurance companies which are reasonably acceptable to the CITY and any certificates or other proof of insurance required hereunder must be in form and substance reasonably acceptable to the CITY. If BPI fails to maintain such insurance coverage, CITY shall have the unilateral right to procure similar such coverage and deduct it from the annual payments due hereunder. 11. Neither this Agreement nor any rights or obligations hereunder may be assigned by BPI without the express written consent of the CITY. 12. This Agreement contains all of the terms and conditions agreed upon by the parties. IN WITB ESS WHEREOF, the parties have set their hands and seals of the day and year first above written. PROVED AS TO FORM ONLY STATE OF NEW YORK } CITY OF BUFFALO ) SS: Cor(1Q&unsel COUNTY OF ERIE ) I - p - I J— On the day of, 20 12, before me personally came Byron W. Brown, who, being by me duly sworn, did depose and say that he resides at , Buffalo, New York, ; that he is the Mayor of the City of Buffalo, the municipal corporation described herein and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed in accordance with a resolution of the-Common Council of the City of Buffalo and that he signed his name thereto by like order. CITY OF BUFFALO 's Byron W. Brown, Mayor NOTARY PUBLIC STATE OF NEW YORK } CITY OF BUFFALO ) SS: COUNTY OF ERIE ) On the day of , 2012, before me personally came Michael T. Schmand, who, being by me duly swom, did depose and say that he resides at Buffalo, New York, ; that he is the Executive Director of Buffalo Place Inc., the corporation described herein and which executed the foregoing instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. BUFFALO PLACE INC. BY Michael T. Schmand, Executive Director NOTARY PUBLIC Exhibit A Existing Buffalo Place District J�! Tr, It r4 .77 4 T Co k A. d � \� Ot .5 Lot aborl Rq or) r , ' ting 0 Existing Locatjon Fmetrtilf EXHIBIT B A. Included Maintenance Services; BPI's basic responsibility within the agreement is to provide operating -level maintenance within BiIFFAL PLACE. BPI agrees to provide the following services within the scope of the attached agreement: Cleaning and Snow Removal Cleaning Relamp, Clean Clean, Paint Clean, Water Trim, Weed Clean, Repair Maintain B. Excluded Maintenance Services: Pavement (asphalt, with the exception of vehicular streets, concrete, pavers). Structures (light beacons, information drums, windscreens, kiosks). Lighting (City owned HID fixtures - bulbs to be provided by City.) Amenities (benches, litter receptacles, tree grates). Park areas, planters and hanging baskets installed by Buffalo Place. Banners. Amenities, equipment and vehicles purchased or leased by BPI. BPI has no responsibility for repair or replacement of any item of real property or fixtures (other than those it has purchased or leased) on the Mall nor will it be obligated to perform any service which is not expressly included within its annual budge as approved each November by the Erie County Legislature. Further, BPI has no responsibility for operating -level maintenance within areas of Buffalo Place that the City has allowed private entities to control, pursuant to contract or other agreement with the City including, but not limited to, sidewalk cafe areas. The City agrees that private entities receiving special event permits will be required to contract with BPI or other private entity approved by BPI to provide the operating -level maintenance required within the special event area for the duration of the events and to insure proper clean-up subsequent to the event. 5 C. Expanded Range of Services: The City acknowledges that BPI has expanded its range of services to improve the downtown environment and agrees to increase its appropriation, in part, in acknowledgement of these additional services as long as these services continue.. These services include: • Maintenance of Rotary Rink/Fountain Plaza • Coordination/planning technical assistance on Erie Canal Harbor design, First Niagara Center area, Fountain Plaza, Metro Rail station redesign. • Maintenance of Main Street transit mall lighting and additional lighting improvements. • Coordination of private security providers, Downtown Initiative officers, and all other security practitioners in the special district area. • Comprehensive maintenance and landscaping responsibility for Lafayette Square and Firemen's Park. • Comprehensive responsibility for downtown sidewalk vending program including recruitment and management. • Technical assistance as requested to outside parties (and the City) on special events, maintenance and landscaping. 6 yea EXHIBIT C A. 2008 Buffalo Place Employee Census: • 23 Total Employees (9 Female and 14 Male) S African American 1 Hispanic I American Indian 16 Caucasian B. Erie Canal Harbor /Can.alside Workforce: • Total Employees (I full -time and 2 part-time) I African American (full -time) 2 Hispanic (part -time) EXHIBIT C A. 2012 Buffalo Place Employee Census: • 21 Total Employees (8 Female and 14 Male) 4 African American 2 Hispanic 1 American Indian 14 Caucasian B. Erie Canal Harbor /Canalside Workforce: • Total Employees (2 part-time) 1 Hispanic (part-time) 1 Caucasian (part-time) 7 0 Agreement between the City of Buffalo and Buffalo Place, Inc. for Continued Payments by the City for Services Performed by Buffalo Place Mr. Won. loved: That the above item be, and the above communication from the Corporation Counsel, dated May 22, 2012, be received and filed; and That the Common Council hereby authorizes a formal renewal /extension of the agreement between Buffalo Place and the City. The proposed renewed agreement consists of the following material terms: 1. Three -year term running from July 1, 2012 through June 30, 2015, 2. Annual City payment to Buffalo Place, Inc. in the amount of $125,000.00 in consideration of the services provided. 3. Continued provision of services by Buffalo Place, Inc. That the Mayor be authorized to execute a new agreement with Buffalo-Place, Inc., containing the above - referenced terms and generally conforming to the form and substance of the existing agreement between the City and Buffalo Place, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the final form of the agreement with Buffalo Place. Passed. T:1wp60VRPIC0UNCILI5 -29 - meetinglAgreement between the City of Buffalo and Buffalo Place.docx Y� S GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON * :SMITH * �` Maj - 5 * * D 213- 6 * �* 3/4- 7 * �` 00028 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL. TO: THE COMMON COUNCIL Date: M@y 22 2012 FROM: DEPARTMENT: LAW SUBJECT: (Agreement with Kleinhan's Music Hall Management, Inc.) PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 33, C.C.P. 11/30/10] TEXT: Attached please find a proposed extension of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. to continue management of Kleinhans Music Ml for the period of July 1, 2011 through June 30, 2012 and for the period from July 1, 2012 through June 30, 2013. The other terms and conditions of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. shall continue as authorized therein. Thank you for your prompt attention to this matter. Department Head Name: TIMOTHY A. BALL Title: CORPORATION COUNSEL SIGNATURE OF DEPARTMENT HEAD: \ V 3 AGREEMENT BETWEEN THE CITY OF BUFFALO AND KLEINHANS MUSIC HALL MANAGEMENT INC. AGREEMENT TO EXTEND Reference is made to the Agreement ( "Existing Agreement ") made as of the I" day of September, 2004 by and between the CITY OF BUFFALO, New York, a municipal corporation of the State of New York, with its principal place of business at City Hall, 65 Niagara Square, Buffalo, New York 14202, hereinafter referred to as the "City ", and KLEINHANS MUSIC HALL MANAGEMENT, INC., a New York not -for -profit corporation, having its office and principal place of business at 371 Pennsylvania Avenue, Buffalo, New York 14201, hereinafter referred to as "Manager ". The parties hereby agree to extend the Existing Agreement for an additional year, for the period of July 1, 2011 through June 30, 2012. The parties further agree to extend the Existing Agreement for another additional year, for the period July 1, 2012 through June 30, 2013. During or for each yearly extension, the City would pay the Manager Fifty Thousand Dollars ($50,000), contingent upon monies being duly appropriated and approved for such payment. City would also continue paying certain utilities at Kleinhans Music Hall. Further, paragraph numbered 10 of the Existing Agreement is updated to add a new sentence to the end thereof as follows: "The Manager shall have the City of Buffalo named as an additional insured and certificate holder on Manager's general liability insurance policy, automobile liability insurance policy and any excess umbrella liability policy." IN WITNESS WHEREOF, the parties have executed this agreement on the day of , 2012. CITY OF BUFFALO IC Byron W. Brown, Mayor APPROVE KLEINHANS MUSIC HALL MANAGEMENT, INC. Corpor�n oumel By Catherine Schweitzer, Chair " _' I'b Agreement with Kleinhans Music Hall Management, Inc. Mr.6 moved: That the above item be, and the above communication from the Corporation Counsel, dated May 22, 2012, be received and filed; and That the Common Council hereby approves a proposed extension of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. to continue management of Kleinhans Music Hall for the period of July 1, 2011 through June 30, 2012, and for the period from July 1, 2012 through June 30, 2012. The other terms and conditions of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. shall continue as authorized herein. Passed. TAkepOURP5COUNCW5 -29 -12 meeiinbMgteeincnl wiW Kleinbans Music Hall Manage —Ld— AYE NO FONTANA * '� FRANCZYK GOLOMBEK LOCURTO PRIDGEN RMERA RUSSELL SCANLON SMITH Maj - 5 *� 213 -b 314- 7 0002.E COMMUNICATION TO THE COMMON COUNCIL DATE: May 23, 2012 FROM: THE DEPARTMENT OF LAW SUBJECT: BRACO -I Request for Refund of Excess Real Property Taxes for the 2011- 2012 Tax Year On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO -1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00), BRACO- I is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, 79 Mariner, and 87 Whitney. The application before your Honorable Body pertains to the 2011.2012 tax year and is broken down as follows: 2011 -2012 City of Buffalo Real Property Tax: 2012 Erie County Real Property Tax: Total Tax Paid (City & County): Less Combined Ceiling as per Agreement: Amount of Overpayment to City & County: Pagel of 2 $ 52,263.78 $ 9,068.74 $ 61,332.52 ($45,599.00) $ 15,733.52 91P Portion to be refunded by the City of Buffalo (85.21% of Total Overpayment Amount): 5 13,406.53. I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -I in the amount of Thirteen Thousand Four Hundred Six Dollars and Fifty -Three Cents ($13,406.53). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2011 -2012 tax year. DEPARTMENT HEAD NAME: TIMOTHY A. BALL TITLE: CORPORATION COUNSEL SIGNATURE OF DEPARTMENT HEAD: 'a Page 2 of 2 BRACO I TAX REFUND InTl_Inll) rTTY TAX COUNTY TAX Total Tax (City and County) First Half Second Half Total Paid 2012 210 Allen $3,164.77 $3,164.77 $6,329.54 $1,097.37 359 Busti $5,933.95 $5,933.95 $11,867.90 $2,057.58 346 Franklin $2,215.34 $2,215.34 $4,430.68 $768.16 352 Franklin $4,747.16 $4,747.16 $9,494.32 $1,646.06 74 Grant $3,671.14 $3,671.14 $7,342.28 $1,272.95 922 Main $3,560.37 $3,560.37 $7,120.74 $1,234.55 279 Niagara $1,582.38 $1,582.38 $3,164.76 $548.69 231 West $474.72 $474.72 $949.44 $164.60 79 Mariner $28.72 $28.72 $57.44 $17.56 87 Whitney $753.34 $753.34 $1,506.68 $261.22 TOTALS $26,131.891 $26,131.891 $52 $9,068.74 Total Tax (City and County) $61,332.52 Ceiling per Agreement $45,599.00 Amount to be Refunded $15,733.52 City's Portion of Refund 85.21 % $13,406.53 County's Portion of Refund 14.79% . $2,326.99 Prepared by:. Cavette A. Chamhers,� Asst. Corporation Counsel City of Buffalo Department of Law V: � Request for Refund of Excess Real Property Taxes for the 2011 -2012 Tax Year — BRACO-I Mr. 6 alombl4oved: That the above item be, and the above communication from the Corporation Counsel, dated May 23, 2012, be received and filed; and That the Common Council hereby. authorized the Comptroller to issue property a tax refund to BRACO -I in the amount of Thirteen Thousand Four Hundred Six Dollars and Fifty - Three Cents ($13,406.53). Said amount is the City's portion of the excess real property taxed paid on the real property listed for the 2011 -2012 tax year. Passed. TAwp60\JRP\COUNCIL\5 -29 -12 meeting\Request for Refund of Taxes BRACO -Ldocx Maj - 5 2/3- 6 3/4- 7 * * * * * * * * AYE NO FONTANA * '� * FRANCZYK * GOLOMBEK LOCURTO * PRIDGEN * RIVERA * RUSSELL SCANLON * SMITH * * * * * * * * 00030 CITY OF BUFFALO DEPARTMENT OF LAW BRRWN W. BROWN TIMOTHY A. BALL MAYOR CORPORATION COUNSEL CLAIMS COMMITTEE MEETING Wednesday, June 6, 2012 -11:00 a.m. Hon. David A. Rivera, Chairman AGENDA ---------------------------------------- - - - - -- personal Iniury -------------------------------------------------- A. 1. Bandzul, Andrzej $ 20,000.00 A. 2. Bannerman, Martin, Mensah $ 12,000.00 A. 3. Bozeman, Patricia $ 3,000.00 A. 4. Darling, Sean $ 6,000.00 A. 5. DeWind, Todd $ 15,000.00 A. 6. Ferrer, Pedro Louis & Pedro $ 60,000.00 A. 7. Franklin, Sarah (Grable) $ 18,000.00 A. 8. Golebieski, Brian D. $ 140,000.00 A. 9. Hadala, Richard $ 5,000.00 A. 10. Hart, Keon $ 9,000.00 A. 11. Johnson, Barry $ 10,000.00 A. 12. Pawlicki, Tina $ 233,750.00 A. 13. Rainey, Theodoris & Jerris $ 10,000.00 A. 14. Teibel, Charleen $ 27,500.00 A. 15. Woods, Denise $ 7,500.00 Personal Injury Total: $ 576,756.00 --------------------------------------------- - - - - -- Property Damage , ----------------------------------------------- B. 1. Butler, Shannon $ 155.18 B. 2. Carter, Anthony $ 530.00 B. 3. Flood, Annie $ 1,418.10 B. 4. Geico a/s /o Diane Trueheart $ 1,800.00 B. 5. Hojnowski Transport $ 738.96 B. 6. Krause, Maureen $ 267.52 B. 7. Metlife a/s /o Chandra Pridgen $ 4,622.32 B. 8. Mordaunt, Heather $ 1,818.41 B. 9. National Fuel $ 166.74 B. 10. Nationwide Ins. a/s /o Nasir Baqash & Nasheya $ 1,482.42 B. 11. Pochron, Kathleen $ 152.03 B. 12. Profeta Brian $ 435.14 B. 13. Ruberto, Richard F. Sr. $ 1,047.26 B. 14. Ryan, David C. $ 111.25 B. 15. Salley, Regina $ 780.00 B. 16. State Farm a/s /o Thomas Rizzo, III $ 3,427.35 B. 17, State Farm Ins. a/s /o Todd Walter $ 1,019.06 B. 18. Traina, Gabriel c/o Daniel Traina $ 2,858.22 Property Damage Total: $ 22,829.96 ------------------------------ - - - - -- - Prior Fiscal Year Invoices -------------------------------- - - - - -- 65 NIAGARA SQUARE/ 1101 CITY HALL /BUFFALO, NY 14202 -3379 /(716) 851-4343/ FAX: (716) 851 -4105 / xvwwxity- buffaloxom -�Z'-7 C. 1. ARC & COMM $ $ 225.00 13,464.16 C. C. 2. 3. AT &T Chiampou Travis Besaw & Kershner, LLP. $ 13,448.00 C. 4. Goldberg Segalla, LLP $ $ 16,835.00 28.01 C. 5. Intercall $ 84'80 C. 5. Irish Propane $ 6,263.40 C. 6. Lardon Construction $ 90.00 C. 7. Let's Get Educated $ 2,851.01 C. 8. Verizon Network Integration PFY Invoice Total: $ 53,289.38 Miscellaneous Reimbursement D. I. Blue, Mary $ 90.00 D. 2. Houston, Chantel $ 100.00 D. 3. Muzyka, Mary $ 3.00 Reimbursement Total: $ 193.00 Items for Discussion E. I. Herman, Maryann $ $ TBD TBD E. 2. Kilanowski, Diane $ .81 E. 3. Marak, Patricia $ 2,336060.00 E. 4. Schwab, Leon Discussion Items Total: $ 3,045.81 GRAND TOTAL: S 656,108.15 REFERRED TO THE COMMITTEE ON IA 00031 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL Date: May 23, 2012 FROM: DEPARTMENT: LAW SUBJECT: Tax Foreclosure Process Reforms PRIOR COUNCIL REFERENCE: None On May 8, 2012, I appeared before your Honorable Body's Finance Committee, at which time the Committee requested that I file a brief synopsis. of the In Rem Tax Foreclosure Reform Package implemented for In Rem 46. Please let this Communication serve as a response to that request. Starting with this year's In Rem Tax. Foreclosure Sale (In Rem 46): 1. Foreclosure proceedings will only commence after a delinquent account reaches $200.00. 2. The total foreclosure fee has been reduced from $445.00 to $305.00. 3. A gradual fee schedule has been implemented where the taxpayer had until March 15, 2012, as opposed to late January to pay the arrears without imposition of the fee, On March 15, 2012, a $150.00 fee was imposed to cover the cost of conducting title searches on the property pursuant to the Real Property Tax Law. 4. On May 1, 2012, the fee escalated to $305 for those that had not paid their arrears to cover the publishing, posting and mailing costs associated with providing adequate notice under the Real Property Tax Law. 5. The City's In Rem Tax Foreclosure Sale is scheduled for the week of October 29, 2012 and plans to assist property owners at the Courthouse, during the week prior thereto, are now being finalized. I will immediately apprise this Honorable Body as more information concerning this year's Tax Foreclosure Sale becomes available. Please do not hesitate to contact the undersigned should you have any questions or concerns regarding this matter. Department Head Name: Timothy A. Ball r , Title: Corporation Do wd I" e E ; Ci SIGNATURE OF DEPARTMENT HEAD: RECEIVED AND FILED � 1 n FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May 24, 2012 0003gJ To: The Common Council: Date: May 10, 2012 From: Department Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: f: Food Store (New) [: 333 Amherst(North) [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text { Type Single Space B elow ): Pursuant to Chapter 191 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License Iocated at 333 Amherst (Family Dollar Store #9003 /Colin McGinnis) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: J C:PS: rt �p CITY OF BUFFALO OFFICE OF LICENSES 1 301 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 MICHAEL CASTRO FAMILY DOLLAR STORES OF NY INC. FOOD STORE 333 AMHERST ST NORTH COUNCIL DISTRICT COLIN MCGINNIS (704)847 -6961 FST12- 10024864 there is a current restaurant license at location. r —J ------------------- ------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: L� a DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW` ** REMARKS: 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: 11% y\:1:f►� DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE LT. KENNETH POCZKALSKI FAMILY DOLLAR STORES OF NY INC. FOOD STORE 333 AMHERST ST NORTH COUNCIL DISTRICT COLIN MCGINNIS (704)847 -6961 FST12- 10024864 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: �Zry a--I v G (Pr ) ; (-, N c -o-K (�r INSPECTOR: �' + 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 i 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 FAMILY DOLLAR STORES OF NY INC. FOOD STORE 333 AMHERST ST NORTH COUNCIL DISTRICT COLIN MCGINNIS (704)847 -6961 FST12- 10024864 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 0 0^P>271-, r C n- L TA INSPECTOR: _ / �N� e✓ _ _ — RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO r J 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: POLICE MARGARET OVERDORF FAMILY DOLLAR STORES OF NY INC. FOODSTORE 333 AMHERST ST NORTH COUNCIL DISTRICT COLIN MCGINNIS (704)847 -6961 FST12- 10024864 ..... (TO BE COMPLETED .. BY AGENCYIDEPARTMENT REFERRED TO) ,. APPROVED- DATE: IC CU I DISAPPROVED: DATE: REMARKS zt It^ 1 0 T7 I DISTRICT CAPTAIN: APPROVED: DISAPPROVED: DATE: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: %7 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME.. APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: 1 9 0.1 DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES �Al 301 CITY HALL BUFFALO, NY 14202 COLLECTIONS JOE LOTEMPIO FAMILY DOLLAR STORES OF NY INC. FOOD STORE 333 AMHERST ST NORTH COUNCIL DISTRICT COLIN MCGINNIS (704)847 -6961 FSTI2- 10024864 ------------------ ---------------- - - - - -- --------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) [ APPROVED: DATE DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Alm -- INSPECTOR: 2 RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 10 -07 -' 11 13:53 FROM- COB - LICENSES 7168514951 T -597 F@002/0003 F--967 Y mil u r ail+. YL '.1.1111V �LV .�,11,...1f.iY . ��;,A - • 65 Niagara Sq. CityHali Rofani 3O' Bt' atra, NY.14202 . Phoire'(7.� 851- 4078: Fax (716) 851 -4952 Type of Enfliy. AN lbfornaatintr oil this form is public recoiro. 0 .Mail .0 WAWA 0 Sole Proprietor 0 Corporation Corporation W=6 ,#3usittess Name (dba) Busiaoss Address (no po ice:) ❑ Partnership -fee 13 Restaurant Planes 0 rlocr mow $367.50 13 Live Music $210.00 0 MechaWcal $131.25• 13 Publicbanee (based on sq ft) 0 •GoOo Dancing $13L25 0 Skating lurk Mom 0 Bowling Alley per Ime $31.50 # lanes 0 Billiard Parlarpertabia $31.50 # tables • . 4 Limited Liability Cfafnpany • fee 11 Restaurant 1 -200 'seats $171:00 13 261 -100 seats $250.00 0 400+ seats $350.00 (09 premise censumptloa of food and/or beverage) ❑ CH-1lficate of Inspeetion $56.00 (PublicAss6 mbly)/restaurant 0 Coin Control Amusement $ 63.00 # games per gfto $47,25 11 Arcade ff games _ per game $47.25 13 Music mechanic $52.50 17 Music live, xo dancing $12.50 0 News stand $fi3.o0 Corporation W=6 ,#3usittess Name (dba) Busiaoss Address (no po ice:) ❑ Partnership -fee 13 Restaurant Planes 0 rlocr mow $367.50 13 Live Music $210.00 0 MechaWcal $131.25• 13 Publicbanee (based on sq ft) 0 •GoOo Dancing $13L25 0 Skating lurk Mom 0 Bowling Alley per Ime $31.50 # lanes 0 Billiard Parlarpertabia $31.50 # tables • . 4 Limited Liability Cfafnpany • fee 11 Restaurant Take Out $ 56.00 0 Food $fore $115.00 See additional qumdoos. ri. Meat Fish Poultry $150.00 C3 Caterer $ 85.00 C! Bakery EI 0 -2 employees $ 63.00 13 3 -10 azupioyses $105.00 © 11 -15 employers $157.00 C3 26 employees $315.00 0.51 200 employees $523.00 Business Ph one ( Mailing Address (if different) P V - (,c s l b t1 ��. � ? }� 1� C g-DeaQ ( - — NYS TaxM # 0 9 2i_u5 _ Business Website .. E - Mail . Oyvner(s)i Principal Partners Applicant Oast, first) _,}rj C` ; i1.Y1.�:•z cc- Home Phone��� )'Toms Address: O Io not acceptable) ,_, bate of birth Place of Co Applicant (cast twist) Home Phone HQMO Address. (PO Boxnnt acmptable) Date of birth Place of Birth Describe your specific business activity in detail. Q,,i2.xyz,r l t-" l.ur &T ans. =Q� Subscribed and sworn to before me this `Oday�o -fn 200 _Q �tC I✓�/ tit �l j� � ;e .�issisa�ef�3eads�in eau for flee r j � ~ For office use only Application No Date issued: I aim aware of the oUgation 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 fulflbnent ofrestrictious and conditions to the license.or timely abstement of arty nuisance activity at associated vrith the business, biti U As an authorized agent of the entity identified above, I certify the information on this fbrni is true, correct, complete and cfurent to the best of my knowledge and belief. Print Name Signature Date z -Z 1.2. 1 � 1 1 9 Food Store License (New) — 333 Amherst (North)(EDPI) Mr. 6d amOrnoved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated May 10, 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 Colin McGinnis dlb /a Family Dollar Store 49003 located at 333. Passed. TAwp60VRV\COL NCIL\5 -29 -12 meetingWood store license -new -333 Amherst.docx 01 AYE NO FONTANA * FRANCZYK * GOLOMBEK LOCURTO PRIDGEN * RI VERA RUSSELL SCANLON SMITH * * * * Maj - 5 213 3/4- 7 00033 To: The-Common Council: Date: May 23, 2012 From: Department Permit & Inspection Services Division: Tvne in UpVer and Lower Case Only Office of Licenses Subject: [: Food Store (New) [: 139 Grant(Niagara) E: E= Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xxlxx 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 139 Grant (Shawarma King /Ahmed H. Hatim) 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: Eyeing 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 dcem appropriate. Type Department Head Name: Type Title: S j0 gture of Department Head: JC:PS:rf REFERRED TO THE COMMITTEE ON LEGISLATION. i� CITY OF BUFFALO 1 OFFICE OF LICENSES I� 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 Shawarma King I FOOD STORE 139 GRANT NIAGARA COUNCIL DISTRICT HATIM MINED (313)392 -3568 FST12- 10024762 ---------- ------- - - - - -- - - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: P " Ff , q ( 'l Qwz ' fn. i L `/ DISAPPROVED: DATE: �' DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO f OFFICE OF LICENSES 1 301 CITY HALL BUFFALO, NY 14202 - INSPECTION TYPE: FIRE REFERRED TO: LT. GERALD WHALEN APPLICATION FOR: Shawarma King I LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 139 GRANT LOCATED AT: COUNCIL DISTRICT: NIAGARA COUNCIL DISTRICT APPLICANT NAME: HATIM AHMED APPLICANT PHONE: (313)392 -3568 APPLICATION NO: FSTI2- 10024762 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: - - -- - -- -- -- - -- - -- - -- - --- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: 141")?l7 /vv .<-( V q K( AAt v ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** (' & "��, - —/ I � � 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: REMARKS: DISAPPROVAL REASON: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *K* ---------------------------------- -- - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) DATE: � \ APPROVED: DISAPPROVED: DATE: DISAPPROVAL DATE: BUILDING VINCE FERRARACCIO Shawarma King I FOOD STORE 139 GRANT NIAGARA COUNCIL DISTRICT HATIM AHMED (313)392 -356$ FST12- 10024762 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: BUSYNESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF Shawarma King 1 FOODSTORE 139 GRANT NIAGARA COUNCIL DISTRICT HATIM AHMED (313)392 -3568 FST 12- 10024762 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: n; DISAPPROVED: DATE: U REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: e6l ('y' r/°- 6 i L" 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 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 Shawarma King 1 FOOD STORE 139 GRANT NIAGARA COUNCIL DISTRICT HATIM AHMED (313)392 -3568 FST12- 10024762 -----------------------_--_---------_--_-_------------------------------------------------------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Alm -- -- -. . INSPECTOR: flr'i C is �r RM# EXT /- PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. v5 a^ CITY OF BUFFALO - LICEN APPLICATION 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 All information on this form is public record. gMail ❑ Walk -in ❑ Sole Proprietor ❑ Corporation ❑ Partnership ❑ Limited Liability Company fee fee fee ❑ Restaurant 1 -200 seats $174.00 ❑Restaurant Dance ❑ Restaurant Take Out $ 88.00 ❑ 201 -400 seats $250.00 ❑ Floor Show $367.50 Store $115.00 ❑ 400+ seats $350.00 ❑ Live Music $210.00 ,�ood See additional questions. (on premise consumption of food and/or beverage) ❑Mechanical $131.25 • Certificate of Inspection $56.00 ❑ 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--2 employees $ 63.00 • Arcade # games _ 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 • Music live, no dancing $52.50 ❑ Billiard Parlor per table $31.50 ❑ 26 -50 employees $315.00 • News Stand - $63.00 # tables ❑ 51 -200 employees $525.00 Corporation Name Business Phone 0i4 � 0 0 ' ^ Business Name (dba) � 9 C'� y" �� 1 -Pnt� K — Business Fax (lj �,) Business Address (no Po Box) OLOP l -) O & r" rd -- Mailing Address (if different) j ��) C i ^��� < c ` . 11..E z[:j NYS Tax ID # 1/15- 2-91 ta2`I Business Website E -Mail Owner(s)/ Principal Partners � Applicant (last, first) �;-, �x- -�'r, - i Home Phone 1�{ 313 .. Home Address: (PO Box not acceptable) i�� �� r � ; - ' p l_jj D 1 j 7_ Date of birt Place of Birth Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. f_oi- t O ,w - rY1 =� 1A1 1';" 0 i � ^.z .� t L � a/ L�.E?� �7C i'�tiiJSt l�'1(s� )p {? �'`�� n g s lot "2 Subscri ed and sworn to before me this c d ^ ay of r 20 bmn ss oner of Deeds in and fo City of Buffalo, New Yo, I am aware of the obligation to provide timely notice of any chaii8e a 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 my knowledge and belief For office use only yet Application No Print Name `"C, .11 ,� t/ Date issued: Date Signature " 1 Z 000 Single Page Communication to the Common Council To: The Common Council: Date: May 17, 2012 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) 1:1200 Niagara (aka 1 Ferry West) Prior Council Reference: (If any) [: Ext. (Item No. xxx C.C.P. xx/xx /xx ): Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1200 Niagara for which, said renewal application for a Restaurant Dance Class III license is being sought by Manny Lizama @ Rich Renaissance Niagara and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you. deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:cap #1 (Rev. 01/1993) 3I James Comerford tv. 0 CITY OF BUFFALO OFFICE OF LICENSES l of 301. CITY HALL d BUFFALO, NY 14202 INSPECTION TYPE: BUILDING RENEWAL REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: RICH RENAISSANCE NIAGARA LICENSE TYPE: RESTAURANT / DANCE BUSINESS ADDRESS: 1200 NIAGARA LOCATED AT: COUNCIL DISTRICT: NIAGARA COUNCIL DISTRICT APPLICANT NAME: MANNY LEZAMA/BR GUEST. LTD APPLICANT PHONE: APPLICATION NO: RSDI i- 512238 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: ---------------- ------------------- - - - - -- ----------------------- ( TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: - DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: �/�•rl A� . RM# EXT 46z--- 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: RT MARKS: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE RENEWAL MARGARET OVERDORF RICH RENAISSANCE NIAGARA RESTAURANT / DANCE 1 FERRY WEST MANNY LEZAMA/BR GUEST LTD RSD1 1- 5 1223 8 DISAPPId.OVAI: REASON: (TO BE COMPLETED BY AGENCY /DEPARTMENT REFERRED TO) PRQ 'ED: DATE: . DISAPPROVED: DATE: REMARKS: _ DISTRICT CAPTAIN: Wt APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: 'C { AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. L 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 RENEWAL CHIEF MARK MORGANTI RICH RENAISSANCE NIAGARA RESTAURANT / DANCE 1 FERRY WEST MANNY LEZAMAIBR GUEST LTD RSD11- 512238 ----------- - - - - -- --------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE D• DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. t Restaurant Dance Class IV (Renewal) —1200 Niagara (a/Ida 1 Ferry West) (Nia)(EDPI) Mr.kamnoved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated May 17, 2012, be received and filed; and 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 Manny Lizama d/b /a Rich Renaissance Niagara, located at 1200 Niagara Street (a/k/a 1 Ferry West). Passed. TAwp601TRPICOUNC11.55 -29.12 meetinglRestaurant dance class renewal -1200 NiagaraAm j( t Maj -5 2/3- 6 314- 7 * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO PRIDGEN RIVERA RUSSELL SCANLON * SMITH * * * * #1 (Rev. 1193) Single Paize Communication to the Common Council To: The Common Council: Date: May 22, 2x12 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 195 Fourteenth (Niagara) Type in Upper and [: Lower Case Onl [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text T e Sin le S ace Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached Ppplication for a Second Hand Dealer License located at 195 Fourteenth and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Alexander Wenzael. The attached thereto for Alexander Wenzael dlb/a.I Shiny Pennies. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: Signature of Department Head: JC:PSjd V9: 1 �y Interdepartmental Memo Date: May 22, 2012 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE : Common Council Communication Second Hand Dealer at 195 Fourteenth. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements \for Second Hand Dealer application to the Common Council: t� 1 Fire Prevention ❑ Building Inspection Police Department Police Record Check Application Director Permit & Inspection Services "4 t1-"- D to CITY OF BUFFALO OFFICE OF LICENSES i . 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE . REFERRED TO: LT. GERALD WHALEN APPLICATION FOR: SHINY PENNIES LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: SECOND IIAND DEALER 145 FOURTEENTH NIAGAR A COUNCIL DISTRICT ALEXANDER WENZAEL (716)240 -9192 SHD 12- 10024865 - -- --------- ..---- - - - - -- ---------------- - - - - -- - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PROVED: DATE: -� -� DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 1 INSPECTOR: 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 �1 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 KEVIN FITZGERALD SHINY PENNIES SECOND HAND DEALER 195 FOURTEENTH NIAGARA COUNCIL DISTRICT ALEXANDER VJENZAEL (716)240 -9192 SHD12- 10024$65 .----------------------------------------------------------- (TO BE COMPLETED BY AGENCYJDEPARTMENT REFERRED TO) A DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: 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: REMARKS: DISAPPROVAL REASON: POLICE MARGARET OVERDORF SHINY PENNIES SECOND HAND DEALER _ t 195 FOURTEENTH NIAGARA COUNCIL DISTRICT ALEXANDER WENZAEL (716)240 -9192 SHD 12- 10024865 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ;APPROVE - DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: v� if, ** *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. P -1470 (REV. 9/08) APPLICATION RELEASE FORM' Lk 1VIE NT TO BE MAILED TO: Buffalo Police Department` �� Identification Section 74 Franklin Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions , you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: r],' I ' f SEX cr WL- RAC CURRENT ADDRES DATE OF BIRTH: SOCIAL SECURITY 4 REASON FOR REQUEST —" ` 4 !MAIDEN NAME - I-\- t.r SIGNATURE OF APPLICANT , ,t, ✓� ^ DATE. STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the clay of , 20 1 2 — before me personally appeared to me known to be the same person described in, and who executed th foregoing instr nt and acknowle ged the execution thereof. TO BE COMPLETED BY IDENTIFIC TION SECTION PERSONNEL * ** * * * ** * * * * * * * **** L RECORD ATTACHED VERIFIED BY:-� f::f NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED A j BUFFALO POLICE DEPARTMENT CRIMINAL BACKGROUND REPORT • DATE OF INQUIRY: 02/23/2012 11:51:4 NOTE: FFE OL LOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: WENZEL, ALEXANDER J ADDRESS: , SOCIAI_, SECURITY #: WARRANTIWANT INQUIRY - REFER TO DATE OF BIRTH: 12/l 9/1992 PCN: RACE: SEX: THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW.. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ` NO RECORD BUFFALO POLICE DEPARTMENT NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE, NYSE): PAG E: 1 CITY OF BUFFALO owner(s)/ Principal P rtners 1 Applicant (last, first) �. ' Home Address: (PQyg1 not acceptable) Date of birth Place of Birth Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in Subscribed and sworn to before me this J da ) y . of 20 Commissioner of Deeds in and for dt City of Buffalo, New York I am aware o she bli;ation 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 fulfilhnent of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this foim., is.-true, correct, c fete and current to the best of my knowledge and belief. . Print Name ' U ;4 1,.' - ,',( v Sigi atuie Date '�-Ila Home Phone ?I((- JL17 - Home Phone 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 BUSINESS LICENSE APPLICATION fee fee' ❑ Used Car Dealer $262.50 ❑ Tire Handler I $118.00 Tire Storage Information 10 -1000 tires Inside Storage _yes —no Second Hand Dealer $118.00 0 Tire Handler II $262.50 Outside Storage — yes _no over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and ❑ Scrap Processor $ 78.75 General Liability insurance at least $50,000 ❑ Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 0 Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11-25 tables $155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation Name Business Phone 0/0 R-1 7 d Business Name (dba) i 3n 4 Business Fax { ) - BusinessAddress iC Mailing Address (if different) SEY X-0\ CbA C t G ln+ j Y, / 25 NYS Tax ID 4 c0­a y - 0n Business Website E -Mail Sh +fl rt' 6 � owner(s)/ Principal P rtners 1 Applicant (last, first) �. ' Home Address: (PQyg1 not acceptable) Date of birth Place of Birth Co- Applicant (last, first) Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in Subscribed and sworn to before me this J da ) y . of 20 Commissioner of Deeds in and for dt City of Buffalo, New York I am aware o she bli;ation 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 fulfilhnent of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this foim., is.-true, correct, c fete and current to the best of my knowledge and belief. . Print Name ' U ;4 1,.' - ,',( v Sigi atuie Date '�-Ila Home Phone ?I((- JL17 - Home Phone Second Hand Dealer — 195 Fourteenth (Nia) (EDPI) Mr. ,W 4noved: That the above item be, and the above communication from the Department of Economic Development, Permit & Inspection Services, dated May 22, 20 12, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Alexander Wenzael d/b /a Shiny Pennies, located at 195 Fourteenth on the condition there will be no outdoor storage of appliances or goods for sale. Passed. TAwp60URP\COLTNC[L\5 -29 -12 meeti*Second Hand Dealer -195 Fourteenth.doex 11� * AYE * NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL * ##1 (Rev: 1/93) Single Page Communication to the Common Council To: The Common Council: Date: May 21, 2012 From: Department of Economic Develop Permit & Inspection Services Division: Office of Licenses Subject: [: Used Car Dealer [: 382 Genesee (Ellicott) Type in Upper and j [: Lower Case O n. ly_� [: Prior Council. Reference: (If Any) [: Ext. ( Item No. xxx C.C.P. xx/xx/xx Text ( Type Single Space Below) Pursuant . to Chapter 254 of the City of Buffalo Ordinances, please be advised .that I have examined the attached application for a Used Car Dealer License located at 382 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral charac : -r of Demetrius Barnes. The attached thereto for Demetrius Barnes /dba/ DVDV's Auto Sales Inc. This request a submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS:iad REFERRED TO THE COMMITTEE ON LEGISLATION- �' 'r Interdepartmental Memo Date: May 21, 2012 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE : Common Council Communication Used Car Dealer at 382 Genesee. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer application to the Common Council: / Fire Prevention 0 Building Inspection Police Department Police Record Check Application 4 ;0 D to Director Permit & Inspection Services 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: uo_, DISAPPROVAL REASON: BUILDING KEVIN FITZGERALD DVDV'S AUTO SALES INC USED CAR DEALER 382 GENESEE ELLICOTT COUNCIL DISTRICT DEMETRIUS BARNES (716)603 -8182 UCD 12- 10024747 6/22/2012 12:00:OOAM -------------------------------- w ---------- ------------------------------------------------------------------------------------------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED / APPROVED: DATE: � �j ` DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** )a of 4, , RM# — ZE EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 0 9-1) CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: LT. LAWRENCE HAKES APPLICATION FOR: DVDV'S AUTO SALES INC LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 382 GENESEE LOCATED AT: COUNCIL DISTRICT: ELLICOTT COUNCIL DISTRICT APPLICANT NAME: DEMETRIUS BARNES APPLICANT PHONE: (716)603 -8182 APPLICATION NO: UCD12- 10024747 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: MAX. NO.OF VI PA PROVED DISAPPROVED: DISAPPROVAL ------------------------------------------------------------------------------ - - - - -- ----------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 1'HICLES ALLOWED DATE: DATE: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM4 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: REMARKS: . DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF DVDV'S AUTO SALES INC USED CAR DEALER Og 382 GENESEE ELLICOTT COUNCIL DISTRICT DEMETRIUS BARNES (716 )603 -8182 UCD12- 10024747 Police Record Check attached. CEO - ------------------------------------------------------- _.......__. (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) A.PPR DATE: I DISAPPROVED: DATE: REMARKS: _ DISTRICT CAPTAIN: (' kPT-` W i A t VA& LA V- APPROVED: DATE: DISAPPROVED: DATE: REMARKS: COMMISSIC ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -147C CREV.4f08) APPLICATION RELEASE FORM TO BE UA LED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 VA6 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information Iisted below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: !MAIDEN NAME SEX 4.1 RACE CURRENT ADDRESS:: 14,2- ,•- c� DATE OF BIRTH: 'SOCIAL SECURITY # REASON FOR REQUEST ,, � ,,:, -'' SIGNATURE OF APPLICANT DATE/ --`V - / -c STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFALO ) On the day of , 20 r , before me personally appeared U� � , to me known to be the ne person descri ed ' , and who executed the foregoing instrument and acknowledged the execution thereof. 'Cc� i Notary Pub ' Commissioner of Deeds * *�` TO BE COMPLETED BY IDENTIF TION PERSONNEL * * * **+U * * * * ** RECORD ATTACHED VERIFIED BY: -t= ® N E DATE VIED - s7 - 1 NOTE: USE OF THIS INFORMATION IS NOT ]BASED ON FINGERPRINT IDENTIFICATION. DVOT THIN AFTER 60 DAYS FROM DATE VERIFIED. NOT VALID UNTIL STAMPED BUFFALO POLICE DEPARTMENT - CRIMINAL BACKGROUND REPORT DATE of INQUIRY: 0211 41201 2 12:45:5 NOTE: THE FOLLOWING CRIMINAL HISTORY REPORT INCLUDES BUFFALO POLICE DEPARTMENT ARRESTS ONLY. ARRESTS BY AGENCIES OUTSIDE THE CITY OF BUFFALO ARE NOT INCLUDED IN THIS REPORT. NAME: BARNES, DEMETRIUS DATE OF BIR'I�� RACE: Black SEX: M ADDRESS: 192 WYOMING ST BUFFALO, NY 14215 BUFFALO, NY 14215 SOCIAL SECURITY #: 085785331 PCN: 10093806 NYSID:09966861 N BOOKING /ALIAS NAMES: BARNES, DEMETRIUS WARRANTIWANT INQUIRY - REFER TOBUF WARRANT #:12- 208365 THIS REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE APPLICANT LISTED ABOVE. USE OF THIS INFORMATION IS REGULATED BY LAW. BY LAW, NO INFORMATION MAY BE GIVEN FOR ANY JURISDICTION OUTSIDE ERIE COUNTY, NEW YORK STATE, AND /OR FEDERAL RECORD DATA FILES. ADDITIONALLY, THE BUFFALO POLICE DEPARTMENT CANNOT RELEASE ARREST RECORDS FOR ANY OTHER ERIE COUNTY POLICE AGENCY. ARREST DATE REFERENCING AGENCY CHARGE ¢ DISPOSITION 04/19/2011 BUFFALO POLICE DEPARTMENT PL 145.00 01 REFER TO: BUFFALO POLICE DEPARTMENT 01/07/2012 BUFFALO POLICE DEPARTMENT PL 24.0.20 01 REFER TO: BUFFALO POLICE DEPARTMENT PL 205.30 REFER TO: BUFFALO POLICE DEPARTMENT � y t t -r. rn NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. IF UPDATED INFORMATION IS NEEDED, A NEW INQUIRY SHOULD BE MADE, PAG E: 1 -- LT. WILLIAX KUKOLECA STATISTICIAN CITY OF LACKAWANNA POLICE Identification Bureau CITY HALL, 714 RIDGE ROAD LACKAWANNA, NEW YORK 14218 716 - 827 -6415 716 - 822 -4900 FAX # 716 - 827 -6454 LACKAWANNA POLICE DEPARTMENT CRIMINAL HISTORY RECORD CHECK DATE: FEBRUARY 14, 2012 TO: TO WHOM IT MAY CONCERN FROM: LACKAWANNA POLICE IDENTIFICATION BUREAU RE: BARNES, DEMETRIUS DOB: THIS IS TO CERTIFY THAT A SEARCH OF OUR FILES IN THE DIVISION OF IDENTIFICATION DISCLOSES THAT THE ABOVE NAMED INDIVIDUAL HAS NO RECORD OF CONVICTIONS ON FILE WITH OUR DEPARTMENT ALSO CHECK BUFFALO PD ABOVE INFORMATION VALID FOR 60 DAYS FROM ABOVE DATE. IDENTIFICATION BUREAU LT. WILLIAM KUKOLECA, 7 POLICE STATISTICIAN WARRANT RECALL CITY COURT OF BUFFALO 50 DELAWARE AVENUE BUFFALO, NEW YORK ATTENTION WARRANT OFFICER r DOCKET NO.: 12 M 465 POLICE AGENCY BPD In the matter of the bench warrant issued for the defendant: .Name: Demetrius Barnes Address: 192 Wyoming Street _Bgffalo, NY 14215 D.O.B. issued on January 24, 2012 for the charge(s) of (Sections and Law); PL 240.20(1); PL 205.30 Please be advised that the above - mentioned defendant did appear to the Court's satisfaction to answer the charges of this warrant on February 14, 2012. Please withdraw said warrant from your active files. Hon. Kevin Keane Buffalo City Court Judge DATE RECEIVED WARRANT NO. WARRANT SERVED ❑ NO RECORD OF THIS WARRANT WARRANT ATTACHED LOG DATE RETURNED _ CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone 17151 R51 _A072 P., i`7141 QS1 nocl { Used Car Dealer *Second Hand Dealer © Scrap Processor All information on this form its public record BUSINESS LICENSE APPLICATION fee $252.50 $118.00 $ 78.75 © Wholesale Junk Dealer $252.50 fee ire Handler I $118.00 . 10 -1000 tires 17 Tire Handler H $262.50 over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 C'0 pct Q`7�i'] Tire Storage Jnformation Inside Storage yes — no Outside Storage yes - na © Flee Market fee 1 -10 tables $ 78.75 11 -25 tables $155.00 +26 tables $210.00 -7 Corporation Name n o A 1 1 . t C' � �t 1.. C_ Business Phone ( ) Business Name (dba) Business Fax ( ) no PO Box l -. c -- f. �5 � F� �c Business Address 1�jV Cam / Mailing Address (if different) NYS Tax ID # L/`S' ' I �� l� Z I . Business Website B -Mail 0,12,�J l; �-i- ' 1 Q-1 Owner(s)/ Principal Partners Applicant (last, first) 0, di i , -Q 8 ;-1 , , w,'z _ c, /\, V 1 J + 9 % -), Phone w_ C'. 3 c Home Address' not acceptable) t , L' Jy Date of b- Place of Birth ._ i / "� "� �' JJ L Co- Applicant (last, fast) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. . I am aware of the obligation to provide timpAy- notice of ary change in required 0 Subscribed a4d svaoi;r ti, befo me in 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 a er eeds in and for the the busine City o uf'elo, New York with 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 cf my knowledge and belief. Print Name i Signature ate 2 -/l �� #1 (Rev. 1193) Single Page Communication to the Common Council 0003") To: The Common Council: Date: April 19, 2012 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Used Car Dealer [: 742 Kensington Prior Council Reference: (If Any) [: Ext. (Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below �J� Pursuant to Chapter 251 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 742 Kensington and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Henry Tillman. The attached thereto for Henry Tillman /dba/ All In 1 Automotive. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: JAMES COMERFORD Type Title: COMMISSIONER S ignature of Department Head: JCTS:jad h Interdepartmental Memo Date: April 19, 2012 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 742 Kensington. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car ]Dealer application to the Common Council: 0 Fire Prevention Building Inspection Police Department Police Record Check Application Director. Permit & Inspection Services at CITY OF BUFFALO OFFICE OF LICENSES -- - 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: CHIEF MARK MORGANTI APPLICATION FOR: All In 1 Automotive LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS: 742 KENSINGTON LOCATED AT: COUNCIL DISTRICT: MASTEN COUNCIL DISTRICT APPLICANT NAME: Henry Tillman APPLICANT PHONE: (716 )605 -3919 APPLICATION NO: UCD1 i- 10024514 REFERRAL DATE: 12/30/2011 12:00.00AM REMARKS: DISAPPROVAL REASON: --------------------------------------------------------- ---------------------------------------------- (T'O BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *' REMARKS: INSPECTOR: 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: BUILDING REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: All In I Automotive LICENSE TYPE: USED CAR DEALER BUSINESS ADDRESS; 742 KENSINGTON LOCATED AT: COUNCIL DISTRICT: MASTEN COUNCIL DISTRICT APPLICANT NAME: Henry Tillman APPLICANT PHONE: (716)605 -3919 APPLICATION NO: UCDII- 10024514 REFERRAL DATE: MOCUR DISAPPROVAL REASON: (TO BE COMPLE'T'ED BY AGENCYIDEPARTMENT REFERRED TO) �0 MAX. NO.OF VEHICLES ALLOWED APP D DATE: V-'-'�i DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK ( YOU. 04- 17 -'12 15:34 FROM- INSPECTION TYPE: REFERRED TO; APPLICATION FOR: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE' MARGARET OVERDORF All ID • 1 Automotive T -388 P0001I0001 F -234 LICENSE TYPE: USED CAR DMER BUSINESS ADDRESS: 742 KENSINGTON LOCATED AT: COUNCIL DISTRICT: MASTEN COUNCIL DISTRICT APPLICANT NAME: Hawy Tillman APPLICANT PHONE! (716)605.3919 APPLICATION NO: UCDI I - 10024514 REFERRAL PATE: REMARKS: iiii ' oc� t dii is a9se &'zoitod "a's 0s® c ' � alex; Pawb ire -mso ct.. f,+ DISAPPROVAL REASON: ----.... ...................................:......•------•-------...----------------------------.....-..---------------- .....A......------ - - - -.. -. - - - - - -- (TO BE COMPLETED )BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: D.ATF: DISAPPROVED: DATE: REMARKS: - DISTRICT C. APPROVED: DATE; `. DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMAW COMMISSIONER OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. PFrPT%1FD 04 -17-'12 14: 35 FROM To - MR . T.TCFNSFq PA91911 lG ppi i - P -147C (REV. 9/0$) APPLICATION RELEASE FORM TQ BF, MAILED 10: Buffalo Police Department Identifieation Section 74 Franklin Street Buffalo, New York 14202 - IV-9 . There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted. Make money order pay4ble to the Buffalo PoliceDepartment. Be' sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete_ all the information listed below and have your identification and signature verified by allotary Public (or). Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these, instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: hE t r' SEX RACES a ,, CURRENT ADDRESS: J Z/ 3 4 t DATE OF BIRTH: SOCIAL SECURITY ## REASON FOR REQUEST 6 L7 sr r /MAIDEN NAME SIGNATURE OF APPLICANT, DATE STATE OF NEW YORK ) COUNTY OF ERIE } SS. CITY OF BUFFALO } On the day of , 20 ,before me personally appeared �E Lm iv to , to me known to be the same person described in, and who executed the foUgoing instrument and acknowledged the execution thereof. 9/yi Notary Public / Commissioner of Deeds TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNELr * * L RECORD ATTACHED /J VERIFIED BY: ® NO RECORD ON FILE DATE VERIFIED �// NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. VALID UNTIL $TAI ED . �e— e i� .P C e k PD 1 o" BUFFALO POLICE DEPARTMENT Report Date: 09 /20/201111:30 Report Printed By: LALLEY, MONICA FLAP SHEET Page: 1 of 3 RICi #: 05380936 NYSID #: 06272828 -K FBI #: 128716KA7 Master Name:. TILLMAN, HENRY L Sex: Male Master DOB: qommilmiIfbr Race: Black Current Age: 38 Ethnicity: Non - Hispanic Most Recent Address: 14 SCHAUF AV, BUFFALO NY 14211 US Note: The Charge dispositions sh in bo below the o rig ina l ch arge. Arrest Date Incident # Booking Name Charges Booking # First Alias Cts Law Section Sub Att CI Cat Deg NCIC Description 11/27/2006 SUF 06- 706791 TILLMAN, Henry L JR i pL 240.20 N v 0 $311 DI SDADERLY CONDUCT 06- 15011 -20 (A 11/27/2006 BSC 06- 706791 TILLMAN, Henry L JR 1 PL 240.20 N V 0 .5311 DISORDERLY CONDUCT 06-00111-63 (A._:. 02/18/2006 CHE 06- 606623 TILLMAN, Henry L JR 1 dTL 0511 GIA N U M 3 5499 AGGRAVATED UNLIC OPER VEH -3RD 06- 00620 -02 (A 01/12/2006 RUF 06- 0122005 TILLMAN, HENRY L 2 PL 220.03 N A M 7 3599 CRIM POSS CONTRL SUBST -7TH 06- 00519 -20 (A ) TOLES, JERMAINE''_ „M 1 vxi 0911 o1a N u .„ g ° 3 5499 AGGRAVATED UNLIC'OPER VEH -3RD 7 vTL 1211 Al N a 0 „ 5499 TRAFFEC DEVICE VIOL:RED 11/06/1995 BUF 95- 0256011 TILLMAN, HENRY L .. 1 PL 170.70 03 N E F 0 2589 ILLEG PO55 VIN 95- 17509 -99 (A TOLES, JERMAINE' W " 5 2 _L 1.22 u x 9 0 5499 NO BELT /STAND Ft Y «MEW 1 11L 1111 N t 1 0 5 Os VIO TRFC SIGNAL 1 VTL0511 - 01 N -_ U Ks 3 5499 AGGR UNLIC OP 3 *!Not based on Fingerprints Report Date: 09/20/2011 11:30 Report Printed By: LALLErY, MONICA Page: 2 of 3 ------- RICI #: 05380936 NYSID #: 06272828 -K FBI #: 128716KA7 Master Name: TILLMAN, HENRY L Sex: Male Master DOB: Race: Black Current Age: 38 Ethnicity: Non - Hispanic Most Recent Address: 14 SCHAUF.AV, BUFFALO NY 14211 US Note_ The Charnp dicnncifinne ehnm I— h.,i.t km­.. *k- ...:..:.. -i `'Not based on Fingerprints BUFFALO POLICE DEPARTMENT Report Date: 09/20/2011 11:30 RAP SHEET Report Printed By: LALLEY, MONICA Page: 3 of 3 Riff #: 05380936 NYSID #: 06272828 -K FBI #: 128716KA7 Master Name: TILLMAN, HENRY L Master DOB :. $ex: Mal Current Age: 38 Race: Black Most Recent Address: 14 SCHAUF AV, BUFFALO NY 14211 US Ethnicity: Non - Hispanic !Vote: The Charge dispositions show in bold below the original charge. Arrest Date incident # E Name Booking # Charges lias cts Law sect(on sub Aft a cat oe9 suc(o Description 08/22/1991 BOF 91- 0234855 T 9 1 - 15631 -99 (A 2 CO 59 - 6g_ ,z N T v 0 01/08/1990 BUF 90- 0006200 T(LLMAN, HENRY L 90 - 16457 -99 (A 1 PL 221.10 02 N TOLES, JERMA(NE"� .em Not based on Fingerprints I BUFFALO CITY COURT OF ERIE COUNTY ITO I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT, 09/21/2011 __ ------- - e ------------------- -- - -- - FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) NUMBER: 116341 THE PEOPLE OF THE STATE OF NEW YORK VS TILLMAN,HENRY L -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � -- DEFENDANT - - - -�� --- - - - - -- DATE OF BIRTH 29 WALDEN 006272828K - - - ^- ADDRESS --------------------------- NYSID NUMBER BUFFALO NY ---------------------------------- 1110611995 CITY STATE ZIP -------------------------- DATE OF ARREST /ISSUE DOCKET NUMBER: 95F- 200.74 SUMMONS NO: 170.70 VTL 511.1.VTL 1111 VTL 1229 ------------------------------ ARRAIGNMENT CHARGES ------ - - - - -- CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART -------- ---------------- - - - - 02/02/1996 PGSI $200 -- ---------------- -- - - -- - - - - - -- OGDEN,EJ 14A PG VTL 511.1 03/13/2001 EXS OGDEN,EJ CASHIER -14 FINE = $200 PAID SURCHARGE = $25 PAID I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT, 09/21/2011 __ ------- - e ------------------- -- - -- - FEE: 5.00 COURT OFFICIAL SIGNATURE AND SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL.) Cheektowaga Police Department 3223 Union Road Cheektowaga, New York 14227 (716) 686 -3945 1Qk 1 W LOCAL CRIMINAL BACKGROUND REPORT Date: . 9/28/2011 Alias: JERMAINE TOLES Name: HENRY L. TILLMAN Former Address Street: 14 SCHAUF AVE. Street: -SAME - CIT/V: BUFFALO CITN: State: NY Zip Code: 14211 State: Zip Code: DOB: 11/22/1972 D ate of A 2/18/2006 Offense: VTL 0511 -01A: AGGRAVATED UNLICENSED OPERATION OF MOTOR VEHICLE Complainant: POLICE Disposition: PLED TO VTL 1201: PARKING VIOLATION $25.00 FINE Judge: THOMAS KOLBERT 3/2/2006 t of -rest: 11/4/1993 seF VTL 0511 -01: AGGRAVATED UNLICENSED OPERATION.OF MOTOR VEHICLE VTL 0512: DRIVING WITH SUSPENDED /REVOKED REGISTRATION Complainant: POLICE Disposition: DISMISSED 160.50 SEAL ORDER Judge: THOMAS KOLBERT 7/25/1994 REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM THE AGENCY AND /OR PERSON LISTED ABOVE. THE CHEEKTOWAGA POLICE DEPARTMENT CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THE SAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION FROM THE CHEEKTOWAGA POLICE DEPARTMENT. NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. Page L of 2 Cheektowaga Police Department 3223 Union Road Cheektowaga, New York 14227 (716) 686 -3945 'W LOCAL CRIMINAL BACKGROUND REPORT Date: 9/28/2011 Alias: JERMAINE TOLES Name: HENRY L. TILLMAN Former Address Street: 14 SCHAUF AVE. Street: -SAME - CITlV: BUFFALO CIT1V: State: NY Zip Code: 14211 State: Zip Code: DOB: Date of Arrest: 411!1992 Offense: PL 265.01: CRIMINAL POSSESSION OF WEAPON PL 190.25: CRIMINAL IMPERSONATION ABC 065 -C: POSSESSION OF ALCOHOL -UNDER 21 Complainant: POLICE Disposition: PL 265.01: REDUCED TO PL 240.20: DIS COND - JAIL: TIME SERVED PL 190.25: PLED TO PL 240.20: DISORDERLY CONDUCT $250.00 FINE; $45.00 SURCHARGE ABC 065 -C: DISMISSED Judge: THOMAS KOLBERT 9/29/1992 Date of Arrest: 1!611991 Offense PL 140.05: TRESPASS Complainant: POLICE Disposition: ACD- DISMISSED 160.50 SEAL ORDER Judge: THOMAS KOLBERT 11/21/1991 REPORT DOES NOT INCLUDE ANY SEALED OR JUVENILE ARRESTS. THIS RECORD SEARCH IS BASED UPON INFORMATION RECEIVED FROM "THE AGENCY AND /OR PERSON LISTED ABOVE. THE CHEEKTOWAGA POLICE DEPARTMENT CANNOT CERTIFY THAT THE PERSON IDENTIFIED IN THIS REPORT IS THE SAME PERSON BEING CONSIDERED FOR EMPLOYMENT BY YOUR AGENCY. USE OF THIS INFORMATION IS REGULATED BY LAW. THE INFORMATION SUPPLIED HEREWITH IS A SUMMARY OF INFORMATION FROM THE CHEEKTOWAGA POLICE DEPARTMENT. NOTE: SECONDARY DISSEMINATION OF THIS INFORMATION IS PROHIBITED. Page Z of 2.-- CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 _ Phone (715) 851-4078 Fax (716) 951-4952 - All information on this form its public record - - BUSINESS LICENSE APPLICATION *Used Car Dealer fee $262.50 fee ❑ Tire Handler X $118.00 Tire Storage Information 10 -1000 tires Inside Storage _ no © Second Hand Dealer $118.00 © Tire Handler H $262.50 Outside Storage _yes _yes — no over 1000 tires; Include NYS Environmental Conservation. Law Part 360; Storage plan and 11 Scrap Processor $ 78.75_ General Liability Insurance at least $50,000 © Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 ❑ Wholesale Junk Dealer $262.50 must contain 10 day cancellation clause with 11-25 tables $155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Corporation. Name Business Name (dba) a - � i N a o `t Business Address (no PO Box) Mailing Address (if differen NYS Tax lD # T - 2`1 q z ]6 j Business Website Business Phone Business Fax E -Mail Owner(s)I Principal Partners I + Applicant ( last first) _ -1 t T f Home Phone , 2 ���-~ Home Address (Po Box not acceptable) t. Date of birth * Place of B i f rth Co- Applicant (ast, first) _ -P l 7( I 1 mot V' - - Home Phone Horne Address: (PO Box not acceptable) Date of birth. Place of Birth Describe your specific business activity in detail. Subscribed and sw to bef re me this day of 7 20 C oinmiWionar of Deeds in afid for the City of Buffalo, New I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified. above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. PriniNal�pie' -1 1 (V\ oI v) Signature f �+-'� Date i D f ► FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS May 29, 2012 ®QQ" SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 11, 2012 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs- Purchase Division SUBJECT: (:Sale of used tire I� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. fltem No. xxx C.C.P. xxlxx/xx 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: 235155R17@ $3.50 per tire, 2151601R16 @ $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 y DEPARTMENT HEAD TITLE: William L. Sunderlin Director of Purchase 1 Report of Bid — Sale of Used Tires �0-� Mr.�64-hnoved: That the above item be, and the above communication from the Director of Purchase, dated May 11, 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. T:%wp60\JRMOUNCIL\5 -24 -12 mcetinglReport of Bid -Sale ofTires.docx �I AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO PRIDGEN * RIVERA * RUSSELL * SCANLON * SMITH Maj - 5 2/3 -6 * � *O 3/4- 7 �` 00039 �q� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 22, 2012 FROM: DEPARTMENT: Administration, Finance, Policy, & Urban Affairs, Division of Purchase SUBJECT: [:Sale of Vehicles /equipment C� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ftem No. xxx. C.C.P. xxlxxlxx) The Division of Purchase is requesting permission to sell the listed below vehicles/equipment by means of auction /scrap All vehicles/equipment are beyond there useful life. PW -21 2002 Dodge Dakota 5 -127 1995 Peterbuilt Dump S -128 1995 Peterbuilt Dump S -129 1997 Peterbuilt Dump E -625 1997 Chevy S -10 Blazer (12) 10 Foot Reversible Plow Blades PK -9206 Cushman Mower PK -9407 Cushman Mower PK -9409 Cushman Mower P -048 2004 Ford Taurus P -109 2004 Ford Taurus P -119 2001 Ford Taurus P -172 2001 Ford Taurus P -173 2001 Ford Taurus P -175 2001 Ford Taurus P -176 2001 Ford Taurus P -177 2001 Ford Taurus P -1.78 2001 Ford Taurus P -179 2001 Ford Taurus P -182 2001 Ford Taurus P -183 2001 Ford Taurus P -184 2001 Ford Taurus P -186 2001 Ford Taurus P -188 2001 Ford Taurus P -201 2001 Cadillac P -298 2002 Ford CV P -299 2002 Ford CV P -319 2003 GMC Suburban P -527 1985 Dodge Van Page 1 of 2 - Page 2 of 2 (2) EZ GO Golf Carts Serial # 562072 and 562929 P -744 2007 Ford CV P- 9971999 Lexus . P -2100 Chevy Tow Truck PKS- 1998 Chevy Dump Truck SIGNATURE W DEPARTMENT HEAD TITLE: WILLIAM L. SUNDERLIN, DIRECTOR OF PURCHASE 1� Report of Sale — Sale of Vehicles/Equipment Mr, dolo"A roved: That the above item be, and the above communication from the Director of Purchase, dated May 22, 2012, be received and filed; and That Division of Purchase is authorized to sell the vehicles listed the May 22, 2012 Communication, by means of auction/scrap. Passed. T:%wp60\WR COUNCIL\5 -29 -12 meeting\keport of Sale -Sale of vehicles and equipment,docx ,-0 AYE NO * FONTANA FRANCZYK * Maj -5 213 - '6 3/4- 7 GOLOMBEK. * LOCURTO * PRYDGEN * RIVERA * RUSSELL * SCANLON * SNIITH * * * * 000 - SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 11, 2012 FROM: DEPARTMENT: Administration, Finance, Policy, and Urban Affair- Purchase Division SUBJECT: [:Sole Source PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx. C.C.P. xx/xxlxx) The Division of Purchase is requesting permission from your Honorable Body to to purchase from a sole source provider as per the request of the Buffalo Police Department. The full simulator system was purchased for use in the Buffalo Police firing range in April of 2009 from Virtra Systems. This exisiting system is used for training of the Police Officers with fire arms. Funding is available and a request was entered on requisiton #53407409, for an upgrade to the existing Virtra System which encompasses maintenance, operating system /software upgrades, some new equipment items, training, and shipping. Virtra System is the only supplier that is capable of upgrading the proprietary software and equipment of this system. The cost to upgrade the current system is $27,685 versus the cost of a new simulator system that we estimate at the cost of $150,000 plus. The system upgrade is being funded through a DEA grant. This request for sole source procurement has been reviewed by the City of Buffalo Law department. SIGNATURE DEPARTMENT HEAD TITLE: William L. Sunderlin, Director of Purchase q t'f y , 3� Sole Source — Vitra Systems Mr. tcl k> _moved: That the above item be, and the above communication from the Director of Purchase, dated May 11, 2012, be received and filed; and That the Division of Purchase is authorized to purchase from a sole source provider as per the request of the Buffalo Police Department a full simulator system for use of police officer training with fire arms. Funding is available through a grant from the DEA. Passed. T:\wp60\JRP\COUNCIL\5 -29 -12 mceting\Sole Source- Vitra.docx * AYE * NO * FONTANA FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON * SMITH * Maj - 5 * * n 213- 6 3/4- 7 0� __ - -- off- lWUS ► � 191 May 29, 2012 05 , SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL - TO: THE COMMON COUNCIL: DATE: 05/23/2012 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention -Name Park at 828 S. Division and Lord St. Tyler Likos Memorial Park" - G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxtxx This is to advise you that the public hearing for the above item is set for 06/ 1 212 0 1 2 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 06/01/2012 and 0610812012. RECEIVED AND FILED a SIGNATURE DEPARTMENT HEAD TITLE: City Clerk 0004 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 a C jJ 1 C ? 6 © P-)� _ .0n 65 NIAGARA SQUARE ROOM 1308 CITY HALL. BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Honorable Common Council; The proposed amendment to the Chicken ordinance will be a stronger assurance to the residents living near the coop that the area will be kept in a more sanitary condition. Sincerely; Gerald Chwalinski City Clerk R ECEIVED AND I`ILEO r 00043 City of Buffalo Board of Ethics Meeting Tuesday, February 21, 2012 (1/24/2012 rescheduled -- no quorum) Agenda MEMBERS Douglas Coppola James Magavern Eleanor Paterson. Richard Sullivan Gerald Chwalinski David Rodriguez Cavette Chambers NEW BUSINESS 1. Roll Call 2. Review Minutes for the June 7, 2011 Board of Ethics meeting 3. Status on this year's Disclosure process (Milly) OLD BUSINESS 1. Update regarding amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City. 2. Letter from Council President Franczyk re: Buffalo News Article concerning allegations of Mayor intervening in Police matter to assist Stokes -- Item has been tabled until outside investigation agencies have reported their findings. 3. Letter to Chairman regarding allegations of coercing employees via e-mail - Item has been tabled pending a status report from outside agencies that are currently reviewing these charges. 4. Council correspondence to the Board of Ethics regarding Mr. Trezevant's allegations. The Committee has deferred consideration of efforts to the outside entities that are currently looking into this matter (District Attorney /HUD). Next meeting is scheduled for: Tuesday, Februar, y 2 °0�2so, ;,_ City of Buffalo Board of Ethics Meeting Minutes Tuesday, June 7, 2011 Members In Attendance: Douglas Coppola, Richard Sullivan, James Magavem, Gerald Chwalinski, Eleanor Paterson Excused: Cavette Chambers New Business: 1) Roll Call 2) The board reviewed.the minutes of March 22, 2011 meeting which were approved and received and filed. 3) A brief report was given by Ms. Castro regarding the completion for the Disclosures process for 2011. 4) Correspondence from the Mayor regarding Sabres game tickets. He and his family were guests of Pagula family at a Sabres game. Taking into consideration section 12- 11 so long as the gift of the tickets was not meant with intention to influence or reward, and no business is pending with the City, the board received and filed this item: 5) An item filed by the Mayor regarding traveling to Albany with the uB President in support of U 20120. Solar Sports System sponsored this trip and has no interest in any contract of transaction with the City. The Board agreed to receive and tile. Old Business: Tim Ball .(Low Department) informed the Clerk's office that the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City will be filed with the Council. The Clerk's. office will check periodically with the Law Department for updates on this filing. 2. Letter from Council President Franczyk re: Buffalo News Article concerning allegations of Mayor - intervening in Police matter to assist Stokes - Item has been tabled until outside investigation agencies have reported their findings. 3. Letter to Chairman regarding allegations of coercing employees via e- mail- Item has been tabled pending a status report from outside agencies that are currently reviewing these charges. 4. Council correspondence to the Board of Ethics regarding Mr. Trezevant's allegations. The Committee has deferred consideration of efforts to the outside entities that are currently looking into this matter (Distric`f'Ain`.y /F[D), A tentative meeting will be scheduled for Tuesday, July 2 ; 2011 provided we have items to discuss on our agenda. Meeting Adjourned RECEIVED , FIff -- MEMBERS Dougla Coppola James Magavern Eleanor Paterson Richard Sullivan Gerald Chwalinski Cavette Chambers (on behalf of Tim Ball) NEW BUSINESS 1. Roll Call 2. Review Minutes for the February 21, 2012 Board of Ethics meeting 3. Status on this year's Disclosure process (Sharon) OLD BUSINESS 1. Update by Cavette regarding amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City. 2. Update regarding BOE board vacancy by Doug. Next meeting is scheduled for: Tuesday, June 19, 2012 L City of Buffalo Board of Ethics Meeting Minutes Tuesday, February 21, 2012 Members in Attendance: Douglas Coppola, Richard Sullivan, James Magavern, .Gerald Chwalinski, Eleanor Paterson, Cavette Chambers Guest: Aaron Besecker, Buffalo News ` New Business: 1) Roll Call 2) The board needed to reschedule the January 24, 2012 meeting, no quorum. An extension for the Financial Disclosure filing date was extended to February 21, 2012. 3) An update on the Disclosure filings by Ms. Castro and Ms. Adler: 7S% are completed, still following up on department heads and boards. City employees were the concentration. Boards are more difficult to track since they only meet once a month or so and members change. Jessica Maglietto- Smith from Mayor's office has been very helpful by reminding both boards and city employees of filing.. Suggestions were made on how to follow up, including sending a letter via email to Jessica to forward to those who have not filed. if they fail to file, Clerk's office will send a ten day notice reminder letter after the new extension dates. of 2129 for employees and 3/20 for board members. ' A special extension of April 30 was granted for a few who are on medical leave, Kathleen Polka (Law), Marlene Anderson (A &F), and Clarke Eaton (EMS board). 4J Doug will draft a letter to the nominating .committee regarding filling the vacancy of Harold Sylvester. Old Business: I. Tim Ball (new Corporate Counsel for the Law Department) informed. the Clerk's office that the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. The Clerk's office submitted the item to Common Council, but has not received a response Covette. will follow up on this and report back to the board. Approval.of the June 7, 2011 minutes with no corrections. Next meeting will�be scheduled for Tuesday, March 20, 2012. Meeting Adjournedni See attachment ri City of Buffalo Board of Ethics Meeting Minutes Tuesday, March 20, 2012 Members in Attendance: Richard Sullivan, James Magavern, Gerald Chwalinski Guests: Mary Baldwin, Robbie McPherson, Aaron Besecker, Buffalo News NO QUORUM DISCUSSION: Financial Disclosures. status: 100% City Employees are in compliance, 90% of Board members are; 14 remaining. Kathleen Polka, Law Department, is on medical leave until May 2012. Next meeting scheduled for April 17 with on extension until then was further extended to May 1, 2012 via present and absent members (updated via email). There is no news from Doug regarding the vacancy for the BOE position. Meeting Adjourned RECEIVED AND FILED 0004r 0o 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 199 Delaware Club Barcelona Tony Vaillant 622 Main St Infinity on Main Same 475 Northampton The New Bird Cage William Smith 1473 Niagara 1473 Eve Evans 1343 Jefferson Mike's Lounge Thomas Fluker RECEIVED AND FILED May 29, 2012 STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Standardized NOTICEFORM for Providing a 30-Day Advance--Notire- a Local Municipality or CommunitXRoard in connection with lhe=bmiminn Jo the StineLiquarAughority Ufa (�.,check on ❑ New Anylication ❑ Renewal AiDyfication ❑ Alteration A m1kat e ernovoJ App. ❑ Co morate Change • for an 4n Premises Alcohol Beverage License I. Date the original copy of thfii Notice was ihaileii to the Local Municipality or Community Board: I E4 L M 21. 0, 11 . I . - , 2. Name of the L ... 1 Municipality or Community Board: 0- L14 c-1 p X K MI. N vow" V IMV 4 X N 3. Attorney'., Full Name is: Tus+in S. W61+e sq - 4. Attorney's Street Address: 510f02 Maiki I U 5. City, Town or Village: larA-- V-1 l State: NY' Zip Code: ) ! -2-21 6. Business Telephone Number of Attorney - 0 4 tp 90 FORUITIMPIN11 ;4;rAWr. �M M- 0,11 0 1 N 4 i 110 7. Type(s) of alcohol sold or to be sold under the license: JW One) ❑ Beer Only 1❑ Wine and Beer Only Liquor, Wine and Beer 8. Extent of Food Service: ❑ Restaurant (Sale of food primarily; Tavern/ Cocktail loi�ngc/Adult Venue/Bar (Alcohol sales primarily- (W One) Full food menu; Kitchen run by chef) meets legal minimum food availability requirements) Hotel F1 Live Music Disc Jockey ❑ Juke Box F] Patron Dancing (Small scale) Elaraoke Bar 9. Type of establishment: ('X' an that apply) Cabaret, Night Club, Discotheque (Large Scale Dance Club) 11 Bed Breakfast N 0 Capacity for 600 or more patrons F -1 Club (e.g. Golf/ ❑ Catering Facility ❑ Stage Shows ElTopless Entertainment ❑ Recreational Facility (Sports Fraternal Or g.) Facility/Vessel) 10. Licensed outdoor area: ❑ None F1 Rooftop E] Patio or Deck L] Freestanding Covered . Structure Gar . den/Grounds (W all that apply) Sidewalk Cafi! F-10ther (Specify): None 11. Will the license holder or a manager be physically present within the establishment during all hours of operation? (X" one) z Yes ❑ No 12. License serial number: LP� S 7- Expiration Date: '7 1 51 1 2Z 1.3 13. The applicant's or license holder's full name, as it appears or will appear on the license: T 14, The Trade name, if any, under which the establishment conducts or will conduct business: C, ZAA UAA-w( The establishment is located within the building which has the following street address: beA&w-rll+-[r. 0-ve 15. 16. City, Town, or Village: I NY I Zip Code; 2�0 17, The establishment is located on the following floors) of the building at the above address: 18. Within the building at the above address, the establishment is located within the room(s) numbered as follows: tV 19. Business telephone number of applicant/hcensee: (7 t t C) Business fax number of applicant /licensee: 20. Businesa e-mail address of applicant/ licensee: Cdr 21. 33a f Does the applicant or license holder own the budding in which the establishment is located? (W one) ❑ Yes (If 'fee, SHIP items 22-25 No g A 22. Building owner's full name is; YV Ql 9;4erPr) -S(Z-S (M) C6,ej Waki IA-IhcIW� -j 23. Building owner's street address: bP-14jW0-rP_ Awiwo-- 24. City, Town, oz Zip Code: 14202- 25. Business telephone number of building owner: 1 1 '7 14 1 2- 1 9 15 26. Printed 14sane 'title sl vo_ �1 uw X rLevised 4/Zb/j-y4 STATE OF NEW YORK [% EXECUTIVE DEPARTMENT DIVISION -OF ALCOHOLIC BEVERAGE CONTROL - - - -- - NOTICE OF HEARING PURSUANT TO SECTION 64(7) 64 -a(7) of the Alcoholic Beverage Control Law TO: Applicant Address and Principal Residence Address Communi Board /Munici alit Infinity on Main Inc Buffalo City Clerk Tralf Music Hall 1308 City Hall 622 Main St. Buffalo, NY 14202 Buffalo, NY 14202 11:00 am PLEASE TAKE NOTICE that a hearing pursuant to Section 64 (7) or 64 -a (7) of the Alcoholic Beverage control Law, concerning a proposed premises which is located within a 500 foot radius of at least three (3) other licensed and operating on- premises liquor establishments, will be held on: Date: Time: Place of Hearing: Room: .Premises Address: 622 Main St. NYS liquor Authority Buffalo, NY 14202 6!412012 11:00 am Electric Tower Building SLA Hearing 535 Washington St. Room Buffalo, NY 14203 An on- premises liquor license application was filed on 8/11/2010 - with the State Liquor Authority for the following premises: Applicant's Serial ERIE OP 3151685 Number and Name: Infinity on Main Inc .Premises Address: 622 Main St. Buffalo, NY 14202 Testimony will be taken from: the applicant and/or an authorized representative, an individual duly authorized to represent the community board or municipality in an official capacity, and any other qualified intervener. Any speaker wishing to testify must be pre - registered no later than forty -eight (48) hours prior to the scheduled date and time of the hearing by calling the License Bureau at (716) 847 - 3001. Individuals who do not pre- register to speak will only be allowed to testify at.the discretion of the hearing officer conducting the hearing. Written testimony submitted in lieu of oral testimony is preferred, and should be submitted in addition to oral majority of the members present and entitled to vote during the presence of a quorum. The hearing. officer has the discretion to limit the time that individual speakers will have to testify. Speakers will only be permitted to testify to issues of fact regarding the specific application at hand and must address the impact of the proposed premises in relation to the other licensed and operating on- premises liquor establishments within the 500' radius. Cumulative testimony will not be permitted. THERE WILL BE NO ADJOURNMENT OF THIS HEARING. ATTENDANCE IS REQUIRED. DATE: May 14,2012 ob 21 ad S I IN 1101 0Ia— 4 !r. i 1 , P . mmissioner FORM; L.D.3 (5/11) mam STATE OF NEW YORK EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVER CONTROL STATE LIQUOR A I THORTI Y Slartdardaed NOTICE FORM forPmw&nga 30-Dav Advance_& a Local Moniuudk or community lb hr o e mlrm %jth desabnMu(r is the &aerlge Ardlonry afa (Check one for an On- Prenolm Alcoholic Beverage Liteaw 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: © EN 2 1 0 : TIUI§ 3(1-DAY AbVANCE N(MCE IB BF.T! G PJWinDZ TO TEM CLERIC OF TFit tOLLDWJXG LOCAL. >!1MCIPALT bP- COMbElDlfrfY BOARD 2. Name of the Local Municipality or Community Board: (r , O? f c( hLa C1 I- Ekk, GTIEII$ APAUCMT CAIRYECTIOF WITH THE APPLICANT'S [<t� a.aa ec.:....R .:..- � ---- "ICE .] iEJtOLRSE APPLICATION NOTED AS ABOVE Fn*? 3. Athmveey's-Pall Name is: ABC Consulting 8t rralrling 4: AooffbWs street Address: PO Box 966 S. City, Town or Village: Hamburg, NY 7407'5 Zip Code: 6. Business Telephone Number of y AC9 p FOR RIM APMICAWM. PROVEDR DESCREMOR BELOW UM NO ALL IRFORIK `ION NNOWR TO DAT1I FOR ALTZPATION AMJCANTS, ATTACH COMPLETE DESCRMnON Alit? DIAGRAM OF PROPOSED ALTERATION(S) t , FOR CORRmT LlersomB, err HORTR APPROVED minHOD 08 OPEIMATIOH. ONLY DO NoT ua& THEE FORK TO CHMGE YOUR METIiOD OF OPBRAMOF 7. Type(s) or alcohol sold or to be sold under the license: (`X' One) ❑ Beer Only ❑ Wine and Beer Only ITV Liquor, Wine and Beer 8 Extent of Food Service: ❑ Restaurant (Sale of food primarily; Tavern/Cocktail lounge /Adult Venue /Bar (Alcohol sales primarily- - S X' One) Full rood menu; ltitchen run by che; meets legal minimum food availability requirements) ❑ Hotel Line Music ❑ Disc Jockey Juke Box Patron Dancing (Small scale] ICaraoke Stir Type of establishment 1W all that apply) ❑ Cabaret, Night Club, Discotheque (Large Scale Dance Clubs ❑ Capacity for 600 or more patrons ❑ Bed & Breakfast ❑ Club (e.g. Golf/ ❑ Catering Facility El Stags Shows ❑ Topless En tertainm ent ❑ Recreational Facility (Sports Fraternal 0 . Faeili Vessel � None ❑Rooftop F Patio or Deck ❑ Freestanding Covered Structure ❑ Garden /Grounds 10. Licensed outdoor area: (�* all that apply) ❑ Sidewalk Cafd ❑Other (Spedly).None 11. WM the license holder or a manager be physically present within the establishment during all hours of operation? i °x° one) yes ❑ No 12. License serial number: ! L r „ `C Y D ! pears ` F_ ;hation Date: 13. The appllcatit's or license holder's full time, as it ap or.will appear on the license: 1 G t_' W f k GA-!9E- I A7 C , 14. The Trade name, if any, under which the establisbment conducts or will conduct business: M 15. The establishment is located within the building which has the following street address: � L 1 p i� e,j ? Cr 0 � !V F� / l U! i 16. City, Town, or Village: F A - 1 !' _ i 1 I4 Zip Cade: If 17. The. establishment Is located on the following floor(s) of the building at the above address: 1 � 1,E A_ . � A9 M r {: +Ai 7 18. Within the building at the above address, the establishment is located within the roomis) numbered as follows: 19. Business telephone number of applicant /licensee: l [u $ � (3 O Business fax number of applicant /licensee: 20. Business e-mail address of applicant /licensee: +V 21. Does the applicant or license holder own the building in which the establishment is located? (`X one) yes Of - Yee, 81s3P items 22 -25) U OWNER. OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT IS LOCATED 22. Building owner's Full name is: 23. Building owner's street address: 24. City, Town, or Village: State Zip Cade: 25. Business telephone number of building owner; - - I am the applicant or hold the license or.asn a principal of the. legal,entityiibat hnjds;or is `p for the license. Representations in this form are in confornrtty with representations made . in submitted documents' relied upon bx iho$ u(�orlty when rein ng� license. I understand that representations.made iir farm will also be relied upon, and.that false representations ma p• result in disapproval of the application or revocation drthe license. 26. By my signature, Iaffirm - under Penalty aS Perjr_ 7 � that. the representations made In this form are tore. Printed Nerce - Tile , i... - i slg mwre Revised 4125112 1473 -- 1-413 ArAGAPA- STREET BUFFALO, )VIEW VOJZk 14293 v 'k o5/10/201? MAYOR BROWN BROWN MAYOR OF THE CITY OF BUFFALO MAYOR'S OFFICE TH IS COMMUNICATION IS WRITTEN TO REQUEST A WAIVER OF THE TH- RTY DAY NOTICE REQUIRED BY THE NEW YORK STATE. LIQUOR AUTHORITY TO APPLY FOR AN ON PREMISES LICENSE TOSERVE ALCOHOL. ENCLOSED PLEASE FIND A COPY OF THE RIDER. RESPECTFULLY, EVE E EVANS 318 BEDFORD AVE, BUFFALO, NEW YORK (716) 444 94 I I Nq L I AR ZIol (716) 444 5221 EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY COmmUUI band ins cAxumcRan +he sPhm0stul+ the Star- LgsarAudwicy qt- (ghee igne A New Application El Renewal Application E] Alteration ADnlicatitr� ❑ Coraorate Change far so on- Premises Alcohdic Beverage License Morah Uxuh Py Pq Yar 1. I Date the original copy of this Notice was mailed to the Local Municipality or Community Hoard: IS a ( 2 fl TIIIS24 DAY_ADVANCE NOTICE I$_BETNG P_RnV[nMti Tn TT-11M it teust nip Tate anLr nu iN6_ LOCAL_ MUNICIPALITY_ OR_ C611MUNITY SO - - - - - � _ - 2. 1 Name of the Local Municipality or Community Baard: Y O F ATTORNEY REPRESENTING TFIE APPLICANT IN CONNECTION WITH THE APPLICANT'S LICENSE APPLICATION NOTED AS ABOVE FOR THE ES'I'ABLISHMP.N'I' IDENTIFIER IN THIS NOTICE 3. Attorney's Full Name is: 4. Attorney's Street Address; 5. City, Town or Village: State: Zip Cade: 6. Business Telephone Number of Attorney: FOR NEW APPLICANTS, PROVIDE DESCRIPTION BELOW USING ALL INMRMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATIONIS) FOR CURRENT LICENSM, SET FORTH APPROVED OIETHOD OF OPERATION ONLY m wrwV rLA.76' q ma rw +an e+vauns voice tewrann nV nV*..RA'rrntr 7. Type(s) of alcohol sold or to be sold under the license: ff' One] ❑ Beer Only ❑ Wine and Beer Only © Liquor, Wine and Beer 8 Extent of Food Service: 1~• 1 Restaurant (Sale of food primarily; Tavern/Cocktail Lounge/Adult Venue /Bar (Alcohol sales primarily- ('X One) Full food menu; Kitchen run by chef) meets legal minimum food availability requirements) City, Town, or Village: Zip Cade: J ❑ Hotel } Live Music ® Disc Jockey Juke Box ❑Patron banging (Small scale) Karaoke Bar Business telephone number of budding owner: 9 Type of establishment ('X" all that apply) ❑ Cabaret, Night Club, Discotheque (Large Scale Dance Club) ❑ Capacity for 600 or more patrons ❑ Bel & Breakfast Club [e.g. Golf/ Catering Facrlity E] Stage Shows ❑ Topless Entertainment ❑ Recreational Fac:ilify (Sports Fraternal 0E K.) Facili Vessek 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 None Rooftop © Patio or Deck ❑ Freestanding Covered Structure Carden/ Grounds 10. Licensed outdoor area: 26. By my signature, 1 affirm – under Penaitp of PgrJsju 1ti3at ire rep e&' made in this form are true. ( all that aPP ® []Other 7IUe Sidewalk Cafe (Specify):None 11. Will the license holder or a manager be physically present within the establishment during all hours of operation? (°X' one) Yes ❑ NO 12. License serial number: Expiration Date: 13, The applicant's or license holder's full name, as it appears or will appear on the license: Eve, 1, F— 6 F e � 14. The Trade name, if any, under which the establishment conducts or will conduct business:. f pi 15. The establishment is located within the building which has the following street address: } 1 r. 1 7 3 N � e 16. City, Town, or Village: 1 NY Zip Code: iq 7_ tom! 17. The establishment is located on the following floor(s) of the building at the above address: V 18. Within the building at the above address, the establishment is located within the room(s) numbered as follows: 19. Business telephone number of applicant/licensee- Moms Business fax number of applicant /licensee: '7c' 20. Business a -marl address of applicant/licensee: �q I C\je e Aja N1 53 V L=EI 1 = 21. Does the applicant or license holder own the building in which the establishment is located? ( °X' one) Yes (If "Yes°, SKIP items 22 -2 No R OWNER OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT IS`LOCATED L_9 22. Building owner's full nauie is: 3PIP T ), 1 ;0M 1~• 1 23. Building owner's street address: 24. City, Town, or Village: Zip Cade: J 25. Business telephone number of budding 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. f understand that representations made in this form will also be relied upon, and that false representations may result in disapproval o th�e� 6 D itlat or revocation of the license. k Ehons 26. By my signature, 1 affirm – under Penaitp of PgrJsju 1ti3at ire rep e&' made in this form are true. Printed Name 7IUe Eve, Eliz-Ae ms, � r etr j Revised 4/25/12 Standardized NOTICE FORM forPrav&Nng a 441 fr, 30-Dav Advance, Notice ice loa lAwal Municipality or Community Bun in co ecttan with the suhmlmdon to the State Liguar- 4aAarlty of a (check one STATE OFNEW YORK - EX ECUTf'1±EI)EP-ARTMENT - - New Application fit- Renewal A Plication -0 - - -- . -- DIY !ON OF ALCOHOLIC BEVERAGE CONI ROL STATE LIQUOR AUTHORITY Alteration Anglicationo Cor orate Chang ❑ for an On- Premises Aleohollc Beverase Cleanse Extent Kitchen run b Restaurant (Sale of food primaril 4. food service. e: � Y> Full Food menu; ®Tavern / Cocktail Lounge / Adult Venue /Bar (Alcohol sales primarily ( -X- M1 Y chef meets legal minimum food availability requirements) S. Type of Hotel Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 establishment: ❑ Music ❑ Jockey . ® Box (5ma11 Scale} ❑ (Large Scale Dance Club) or more patrons ("V all M P ❑ Club (e.g. Gulf / ❑[fed a ❑ Catering ❑ Karaoke J] Stage ❑ Topless Recreational Facility that apply) FraternalOg•1 Brealtfast Facility Bar Shows Entertainment !1 (Sports Facility /Vessel) 61 Licensed None Rooftop atio standing Garden Sidewalk Other / outdoor area: p 11 Or Deck ❑ g Covered Structure ❑ Grounds E] Cafe El 7. Will the license holder or a manager be physically present within the establishment during all hours of operation? ( IV e): ❑ YES ❑ NO 8. License serial number: 1I— 9, I Expiration Date: e. m 10. The applicant's or license holder's full name, as it . � dU I V � appears or will appear on the license: � L 11. The trade name, if any, under which the establishment can duets cr will conduct business: 12. The establishment is located within the building which has the following street address: r 31 jr�G 44 I3. City, Town, or Village: NY Zip Code: 14. The establishment is located on the following floor(s) of the building at the above addmss: 15- Within the building at the above address, the establishment is located within the room(s) numbered as follows: v/ e- 16. Business telephone number of applicant /licensee: _ 17. Business fax number of applicant /licensee: !s. Business e-mail address of applicant/licensee: Does the applicant or license holder If -YES, SKIP items No. 20 -23. If "NO°, ANSWER items No. 20 -23, 19. - own the building in which the n Complete the 3 entries ❑ and complete the 3 entries establishment is located? ('& Yes at Item No. 24. NO at Item No. 24. 1 QF # l All 01 €: Hfi c r i sl LS€ R s 20. Building owner's full name is: 21. Building owner's street address:. t 22. City, Town, or Village: Zip Cade: 14�11 23. Business telephone number of building owner: ° F V 0 F zip t1 agpl stti cad Ira #d the lidans� c +atu a p irnclpeld #. tIda l l.4rift t�ac ds ar �s ag3 3nng;For the a I; ie�ent zit �n t wi fart a iti # utak,ays #rtadt ux ?stznitd dagttm�nt# riei uison b� te�4tiuttt a�isc gxtt, the�e#ae I uadtttttd chat �n4a llama madct reed etptiir;:atYd tfaat` erefii ntel a aua xo u9t in diaegpxcyaE tl a)?pllr y3ost nr xe ewiteat ts£the Itonn®sr 24. $y ui� °,aifsxindes Ariated Nome . r - .- - Revised 10112/11 REQUEST FOR WAIVER OF THE 30 DAY MUNICIPALITY NOTIF Date 05/15/2012 To the Honorable Mayor of the City of Buffalo Please be advised that a waiver of the 30 day notification is being requested by MIKE'S LOUNGE INC. located at 1343 JEFFERSON AVENUE , BUFFALO, NY 14208 for an ON PREMISE BEER, WINE AND LIQUOR license.. This request is made to expedite the licensing process with. the New York State Liquor Authority for this establishment. If such waiver is granted, please fax, e-mail or forward it to Robert Heil Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX: 866- 910 -5025 E-MAIL: THEHEILS@EMAIL.COM If you have any questions please contact me at 716-512-5018 Thank You, Robert Heil Liquor License Consultant £E4 Nd ZZ AYNl19l N8319 l_ A�3 _ �3'i 00040 No. Notices of Appointments - Seasonal /Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. . May 29, 2012 L.3 #3 (Rev 1 -02) - - Certificate= of -- Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of _ �41 I Public Works, Parks & Streets Engineering Laborer Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT Enter Starting Salary) Starting Salary of $ 12.06 LAST JOB TITLE NAME Gregory McCormick LAST DEPARTMENT DATE ADDRESS 510 Stockbridge Ave. LAST SALARY CITY & ZIP Buffalo 14215 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 - X X- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13111001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -11 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Step niak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 4127112 Uj 7 , ✓ -- - i� i, '. I "Vim t1. 3 . SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES T : CITY C K (ON/BEFORE APPOINTMENT'OATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- EMPLOYEES) NON- OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS May 29, 2012 1 ®004' 4 BUFFALO MONTHL Y WA TER BOARD REPOR T April, 2012 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna Estrich Member: Gerald E. Kelly Member: William L: Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak City Engineer Peter Merlo REFERRED TO THE C4MMFTTEE i ` ON LLGASLLATION. 0004 I run , a small recreational sports company. We took over running Buffalo softball when the last company doing it collapsed. Since then we have expanded to touch football - soccer and Adult Kickball. Every couple of years whenever a new regime takes over the Olmsted conservancy or The Parks department the first thing they do is kick adult recreational sports out of Delaware park citing the fact that there iss "too much use" of the park. We livew in the city and in the.Delaware district. l have lived here for 54 years. I think Adult leagues have just as much right to use the park as other entities as long as we're not intereferring with other park activities.. would like a chance to speak in front of the council Michael A. Damico President M /ile sports. R. COMMITTEE 1. ON LEGISLATION. 00049 617.20 - State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM 0 &KLZ C- ?1)SC) )L,� 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 ofwhether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasu rabic. 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. Thefull 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: 0 Part 1 ❑Part 2 Dart 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. 0 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 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead. Agency Signature of Preparer (If different from responsible officer) REFERRED TO THE CO MMITTEE weON COMMUNITY DEVELOPMENT . Date r Page 1 of 21 �I 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 effect on the environment. Please complete the entire form, Parts A through E. Answers to thesequestions 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 not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Buffalo Consolidated Development Framework Location of Action (include Street Address, Municipality and County) City of Buffalo, Erie County Name of Applicant/Sponsor Brendan Mehaff y, Mayor's Office of Strategic Planning Address 920 City Hall City/ PO Buffalo State NY Zip Code 14202 Business Telephone 716.$51.4769 Name of Owner (if different) Address City 1 PO State Zip Code Business Telephone. Description of Action: The Buffalo Consolidated Development Framework (BCDF) will consist of the following: - Unified Development Ordinance (UDO) which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; - A Local Waterfront Revitalization Plan that will guide development along the City's coastal areas; - Revisions to Urban Renewal Areas to encourage development in these areas; and - Planning and the zoning for the South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas, including the River Bend Master Plan. The BCDF will guide the physical development of the City, while balancing economic, social, and environmental concerns. Together these planning efforts will impact every acre of land in the City. Due to the complimentary and overlapping nature of the individual actions it is appropriate to review all of the actions cumulatively. Page 2 of 21 Please Complete Ea ch Question -- Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: 0 Urban �✓ Industrial EJ Commercial Residential (suburban) E] Rural (non -farm) ID Forest E] Agriculture ❑ Other 2. Total acreage of project area: 226,211 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non - agricultural) n/a acres n/a acres Forested n/a acres n/a acres Agricultural (Includes orchards, cropland, pasture, etc.) n/a acres n/a acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) n/a acres n/a acres Water Surface Area n/a acres n/a acres Unvegetated (Rock, earth or.fill) n/a acres n/a acres Roads, buildings and other paved surfaces nla acres n/a acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Urban Land a. Soil drainage: Well drained % of site Poorly drained % of site Moderately well drained % of site. b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? n/a acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? E Yes ® No a. What is depth to bedrock varies (in feet) 5. Approximate percentage of proposed project site with slopes: M0 -10% % 010- 15% % 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? Yes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E] Yes [FI ND 8. What is the depth of the water table? varies (in feet) g, Is site located over a primary, principal, or sole source .aquifer? E] Yes F No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? El Yes El No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Eyes O No ork State Conservation Law 12, I 13, 1 14. Identify each species: Peregrino Falcon Lake Sturgeon any unique or unusual land torms on the project site? (i.e., cliffs, dunes, other geological formations? +es No If yes, explain: City has a number of established parks and undeveloped open space areas. oject site presently used by the community or neighborhood as an open space or recreation area? es 17No Does the present site include scenic views known to be important to the community? El Yes No Views to Lake Erie, the Buffalo and Niagara River are known to be important. Views to historic assets are also important. 15. Streams within or contiguous to project area: Cazenovia Creek and Scajaquada Creek a. Name of Stream and name of River to which it is tributary 16. Cazenovia Creek is tributaries to the Buffalo River Scajaquada Creek is a tributary to the Niagara River. LaKeS, ponas, wetland areas witrnn or contiguous to project area: The City is adjacent to Lake Erie. Various State and Federally designated wetlands, and ponds exist within the City of Buffalo. (in acres): Page 4 of 21 17 is =the- site - seared -by- existin - public utiliti —E ®r Yes - [] - - - -- - - -- - - - -- - . No a. If YES, does sufficient capacity exist to allow connection? ®� Yes R No b. If YES, will improvements be necessary to allow connection? ®Yes No 18, Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? EYes 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 No 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes MNo 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: 26;211 acres. b. Project acreage to be developed: n/a acres initially; acres ultimately, c. Project acreage to remain undeveloped: 'Va acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion-indicate percent of expansion proposed. % f. Number of off - street parking spaces existing n/a ; proposed n/a g. Maximum vehicular trips generated per hour: _ h. if residential: Number and type of housing units: One Family Initially n/a (upon completion of project)? Two Family Multiple Family Condominium Ultimately i. Dimensions (in feet) of largest proposed structure: n/a height; n/a width; n/a length. j. Linear feet of frontage along a public thoroughfare project will occupy is? n/a ft. 2. How much natural material (i.e. rock, earth, etc,) will be removed from the site? n/a tons /cubic yards. 3. Will disturbed areas be reclaimed OYes ❑ No E NIA 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? El Yes R No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? n/a 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; n/a 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 El No 8. Will blasting occur during construction? M Yes ®M No 9. Number of jobs generated: during construction n/a ; after project is complete n/a 10. Number of jobs eliminated by this project 0 11, Will project require relocation of any projects or facilities? M Yes No If yes, explain: 12. Is surface liquid waste disposal involved? E] Yes M 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? E] Yes l No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes El No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? E]Yes E]No 16, Will the project generate solid waste? E] Yes E No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? 0 Yes No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes E No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? E]Yes FNo 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? ❑Yes ❑� No 19. Will project routinely produce odors (more than one hour per day)? 1-1 Yes F 20. Will project produce operating noise exceeding the local ambient noise levels? Eyes ENo 21. Will project result in an increase in energy use? 17 Yes M 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 n/a gallons /day, 24. Does project involve Local, State or Federal funding? rM7 Yes ❑ No If yes, explain: The Buffalo Consolidated Development Framework is financed by State of New York Efficiency Grants, New York State Department of State Brownfield Opportunity Grants and the operating budget of the City of Buffalo. Page 7 of 21 25. Approvals Required: — - - -- Submittal Date City, Town, Village Board ®� Yes Commo�i Council Adoption 11/2012 � No City, Town, Village Planning Board 17 Yes F No City, Town Zoning Board E Yes 1E No City, County Wealth Department Yes ❑� No Other Local Agencies E] Yes P7 No Other Regional Agencies rl Yes E No State Agencies Yes NYS Dept of State 1212012 No approval of LWPP and BOAs Federal Agencies E] Yes 17 No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision ?Yes ®No If Yes, indicate decision required: M E Zoning amendment Zoning variance E New /revision of master plan Subdivision Site plan Special use permit M Resource management plan Other Page 8 of 21 2. What is the zoning classifications) of the site ?. The current zoning consists of 17 districts, 16 special zoning district, downtown area zones and a transit station zone. 3. 4. 5. B. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A What is the proposed zoning of the site? The zoning will be form based that generally supports the existing development types. What is the maximum potential development of the site if developed as permitted by the proposed zoning? n/A Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes M No The current land use plan is being updated as part of the UDO to be consistent with the adopoted comprehensive plan. What are the predominant land use(s) and zoning classifications within a A mile radius of proposed action? Land Uses in the City of Buffalo include open space, industrial, commercial, residential, retail and mixed use. Zoning is the same as above. 8. Is the proposed action compatible with adjoining /surrounding land uses with a 1 /a mile? Yes U No 9. If the proposed action is the subdivision of land, how many lots are proposed? n/a a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization (s) for the formation of sewer or water districts? ® Yes R No 11 - Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 1E Yes El No a. If yes, is existing capacity sufficient to handle projected demand? 1:1 Yes E No Undetermined 12. Will the proposed action result in the generation of traffic significantly above present levels? El Yes El No a. If yes, is the existing road network adequate to handle the additional traffic. Yes F 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 Brendan Mehaffy Signature Date 5/22/2012 Title Executive Director, Office of Strategic Planning 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 Lead Agency 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. 1 The number of examples per question does not indicate the importance of each question. I In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. G. 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 impact will 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 at further. e. If reviewer has doubt about size of the impact then consider the 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 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? NO ® YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot ® ® Yes No rise per 900 foot of length), or where the general slopes in the project area exceed 10 %. • Construction on land where the depth to the water table ® ® ® Yes M No is less than 3 feet. • Construction of paved parking area for 1,000 or more r 17- Yes QNo vehicles. • Construction on land where bedrock is exposed or ®_ E_ Yes FINo generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ❑ 1:1 Yes E]No involve more than one phase or stage. • Excavation for mining purposes that would remove ® ® 11 Yes EJNo more than 1,000 tons of natural material (i.e., rock or soil) per year. Page 11 of 21 1 2 3 r` _ — - - - - -- -- - — - -- Small - - - -- Potential Can Impact - Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. [7 nNo • Construction in a designated floodway. E [71 ❑Yes ❑No • Other impacts: 0 E]Yes E]No 2. Will there bean effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) NO ®YES • Rn=rMf land fnrme- El MY., EINc Impact on Water water? 3. Will Proposed Action affect any water body designated as protected? r�7NO ®YES (Under Articles 15, 24, 25 of the Environmental Conservation Law, Examples that would apply to column 2 • A 1.0% increase or decrease in the surface area of any body of Y Yes ❑ ECL) water or more than a 10 acre increase or decrease. ® NO rl YES ❑ ® ® MYes O ON Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ El ElYes E1 No • Dredging more than 100 cubic yards of material from channel of El 11 Fi Yes 1:1 No a protected stream. • Extension of utility distribution facilities through a protected water ❑ 11 ® Yes ©No _ body. • Construction in a designated freshwater or tidal wetland. ❑ 11 0Yes ❑ No • Other impacts: n 171 Yes ❑ No 4. Will Proposed Action affect any non - protected existing or new body of water? r�7NO ®YES Examples that would apply to column 2 • A 1.0% increase or decrease in the surface area of any body of Y Yes ❑ ❑ No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ❑ ❑ ® ® MYes O ON Page 12 of 21 1 2 3 U. - - - - - -- — - _ - - -- - -- Small - to ---- - - - -- Potential -- C 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. ❑ ID 1:1 No • Proposed Action requires use of a source of water that does not El ID E]Yes E] No have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater � El D.Yes �_ No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water M ❑ ® Yes No supply system. • Proposed Action will adversely affect groundwater. E E]Yes ❑ No • Liquid effluent will be conveyed off the site to facilities which ❑ 17 ElYes ❑ No presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons n E]Yes n No per day. • Proposed Action will likely cause siltation or other discharge into E El OYes E] No _ an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or E]Yes 17 No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without D E]Yes E] No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ❑ ❑ ❑Yes ❑ No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: F-1 11 ElYes E] No Page 13 of 21 C 1 2 3 93A - - -_ -- -__ SmalLt ----Potential- --------Can-lmpact-&e e - ModeTatS7 Mitigated - by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water El ElYes cNo El runoff? E]Yes MNo 17 MNO ®YES E]No ❑Yes Examples that would apply to column 2 • Proposed Action would change flood water flows 17 1 E]Yes MNo • Proposed Action may cause substantial erosion. M ❑ MY.. MNo • Proposed Action is incompatible with existing drainage patterns. 11 11 C]Yes ®No • Proposed Action will allow development in a designated 0 El E]Yes MNo floodway. • Other impacts: M ❑Yes FiNo IMPACT ON AIR 7. Will Proposed Action affect air quality? ID NO ® YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land committed to industrial use. • Proposed Action will allow an increase in the density of industrial development within existing industrial areas. • (lfhcr imnarfa- El El ElYes cNo El EJ E]Yes MNo 17 MYes E]No ❑Yes E] No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? r7 NO r7 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 r7Yes Elo Page 14 of 21 E]Yes rNo E]Yes nNo IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? r7 NO r7 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 r7Yes Elo Page 14 of 21 1 2 3 a` - Small - to -_- - _ — Potential _ - Can Impact - Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. 0 11 Yes EINo • Application of pesticide or herbicide more than twice a year, r] 171 ❑Yes FiNo other than for agricultural purposes. • Other impacts: El E] Yes n No g. Will Proposed Action substantially affect non - threatened or non - endangered species? 17 NO M YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® ❑ ® Yes ®No or migratory fish, shellfish or wildlife species. Yes No • Proposed Action requires the removal of more than 10 acres of ® ® ®Yes ®No mature forest (over 100 years of age) or other locally important vegetation. 11 ❑ EjYes 11 No • Other impacts: ❑ ri E] Yes E] No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ® NO ® YES Examples that would apply to column 2 ❑ El 17 n • The Proposed Action would sever, cross or limit access to Yes No agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of 11 ❑ EjYes 11 No agricultural land. • The Proposed Action would irreversibly convert more than 10 ❑ El ❑ Yes M No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 agricultural land management systems (e.g.,.subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: El El ❑ Yes 11 No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use 1 2 3 - - - -- - -- Small - Small to - -- -- Potential -- - - - Can Impact - Be - Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ® Examples that would apply to column 2 • Proposed land uses, or project components obviously different El ® 0 Yes [7 Yes ❑ No agricultural land management systems (e.g.,.subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: El El ❑ Yes 11 No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAP Addendum in Section 617.20, Appendix B.) ONO 0 YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different El 11 0 Yes 11 No from or in sharp contrast to current surrounding land use Yes No patterns, whether man -made or natural. • Proposed land uses, or project components visible to users of DYes O No aesthetic resources which will eliminate or significantly reduce El 1:1 17 Yes ri No their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or El F1 E] Yes ri No significant screening of scenic views known to be important to the area. • Other impacts: 0 0 OYes O No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ® NO MYES Examples that would apply to column 2 E] 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 El 1:1 17 Yes ri No the project site. •. Proposed Action will occur in an area designated as sensitive F ❑ n Yes 17 No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 - - - - Small - - -- Potential - - -- Can Impact -- - Moderate Large Mitigated by Impact Impact Project Change • Other impacts: El El []Yes 171 No 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 ® 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 • Other impacts: El 17 0Yes []No E]No • Proposed Action will result in a reduction in the quantity of the []Yes []No E] Yes El 171Yes 0No 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(8)? ® NO ® YES 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? 1:1 El ®Yes E]No • Proposed Action will result in a reduction in the quantity of the E] Yes 1:1 No resource? • Proposed Action will result in a reduction in the quality of the E] Yes MNo resource? • Proposed Action will impact the use, function or enjoyment of the El E OYes E]No resource? • Other impacts: E M nYes E]No Page 17 of 21 1 2 3 - - -- - - Small to -- Potential - -- Can Impact - Be - - Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ® NO ® YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. Cl +her imn�rfe• 1 El Yes [ El Q FlYes E] No El 0 E]Yes ONo IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ONO DYES Examples that would apply to column 2 • 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 energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. a n+hcr imnnrfc- 17 0 DYes 0 No El El FYes FINo 0 MYes El N c NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? M NO ®YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. 11 D E]Yes ONo M M [7 Yes ❑ No r7 Yes No DYes ONo Other impacts: P_I PJ "Yes "No Page 18 of 21 1 2 3 _ - 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? E] ❑Yes E]No n NO E]YES 0Yes 171No El ❑ • Proposed Action may cause a risk of explosion or release of 0No El ElYes 11 No hazardous substances (i.e. oil, pesticides, chemicals, radiation, 0 E Yes E]No etc.) in the event of accident or upset conditions, or there may be ❑ r7 Yes E] No a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" ❑ 0Yes E]No in any form (i.e. toxic, poisonous, highly reactive, radioactive, Irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied E 1:1 r7Yes r7No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other 11 El ❑Yes E]No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ri El ❑Yes MNo IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ® NO 17 YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5 %. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or goals. • Proposed Action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.) ® E] ❑Yes E]No n 11 0Yes 171No El ❑ E]Yes 0No El r nYes E]No 0 E Yes E]No ri ❑ r7 Yes E] No Page 19 of 21 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO ®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 1 2 3 Small - to Potential Can Impact - Be -- Moderate Large Mitigated by Impact Impact Project Change Proposed Action Will set an important precedent for future � � Yes ❑ No projects. Proposed Action will create or eliminate employment. El E] Yes • Other impacts: ❑ MYes Q No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO ®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 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 orwill 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. r Page 21 of 21 ®a0�'0 CITY OF BUFFALO DAMUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1408 CITY HALL BUFFALO, NY 14202 -3318 PHONE: (716) 851 -4980 • FAX: (716) 851 -6576 City of Buffalo Website: www,city- buffalo.com Ellicott District Website: www.buffaloellicottdistrict.com COMMITTEE CHAIR LEGISLATION COMMITTEES COMMUNITY DEVELOPMENT BUDGET, EDUCATION, FINANCE, CHIEF OF STAFF VERNEE W. SHAW LEGISLATIVE AIDE FELICIA C. WILLIAMS May 14, 2012 Gerry Chwalinski, City Clerk 1308 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski; I am requesting a non - approval of the reissuance permit for the chicken coop located at 161 Southampton Street because of resident complaints. T you, P Darius G. Pridgen Ellicott District Council Member �r� L J Ellicott Disfrict .4 .. Great Place To Work.Live and Enjoy. ' R Facobook: Buffalo Ellicott District Twitter: @Ellicott14lo 0 Q ®l��t✓� - ST vW7� THE STATE EDUCATION DEPARTMENT I THE UNIVERSITY OF THE SPATE OF NEW YORK 1 ALBANY, NY 12234 a7 COMMISSIONER OF EDUCATION PRESIDENT OF THE UNIVERSITY OF THE STATE OF NEW YORK JM �a . r�rjllr� May 15, 2012 President Frank B. Mesiah National Association for the Advancement of Colored People Buffalo, New York Branch 395 E. Ferry Street Buffalo, New York, 14208 - 1504 Dear President Mesiah: Thank you for your May 10, 2012 letter, in which you express your concerns regarding New York State's teacher and principal evaluation system and its implementation in the Buffalo City School District. You specifically ask whether it is true that the 20 percent State growth subcomponent and the 20 percent local measures subcomponent "may be scored in the negative. even if a significant number of students, in that teacher's class, missed seven weeks of instruction." Although there seems to be some misunderstanding, the attendance issue with respect to evaluations has been resolved: the State Education Department has already approved the substance of the Buffalo City School District and the Buffalo Federation of Teachers submission regarding factoring student attendance into the evaluation process. The Buffalo City School District's March 23, 2012 submission, signed by the Buffalo Teachers Federation (BTF), required several technical changes and corrections to comply with federal and State laws and regulations. None of the changes have a substantive impact on the provisions regarding the factoring of attendance. The substantive provisions of Buffalo's March 23 submission are consistent with the Department's position on the attendance issue. The Department's position is clear: attendance can be included as an adjustment factor in the evaluation plans. However, it should be just that — a factor, not a reason to exclude an entire segment of students (particularly large numbers of low- income students and students of color) from the evaluation process. As educators, we cannot abdicate all responsibility for students who are chronically absent. Instead, we must work with them and their families to help them get back on track. These students have been forgotten too many times already. If there is no accountability at all, they will likely be condemned to a lifetime of poverty and'desperation. Buffalo has endured too many generations of forgotten students; I cannot approve an evaluation plan that allows another generation to slip away. join you in urging the Buffalo School District, the BTI", and the leadership of the City of Buffalo to launch a community -wide discussion of how best to improve student s attendance. The future of the City of Buffalo depends on closing both.the achievement gap and the engagement gap that are obstacles to student. success. As you note, the Buffalo City School District has submitted evaluation plans containing attendance provisions for purposes of 2091-2012 School Improvement Grant (SIG) funding, Buffalo's initial submissions were unacceptable because they contained a blanket Exclusion of students based on attendance rendering large numbers of students invisible. However, Buffalo's March 23, 2092 submission contained attendance provisions — that adjust expectations for chronic absenteeism — and needed only minor technical corrections (that did not impact the substance of the attendance provisions) to meet federal and state law and regulations. The April 1 EP submission that includes both the attendance provision and the technical changes required to comply with federal and state law and regulations was signed by the Superintendent and the bargaining unit for principals, but not the BTF. I have reneatedly indicated that I will al2prove the April 18 0an — which accounts for chronic absenteeism and complies with the law - if the BTF will si n it. We all have the same goal: to give students the best possible educational opportunities and the best possible chance to succeed in college and careers. Unfortunately, for far too many students of color in Buffalo, that goal has been a promise unfulfilled. An evaluation system that helps educators improve teaching and Teaming is a critical step toward providing the opportunities students need. For decades, Buffalo schools have offered discouragement instead of hope. I want to change that. Growing up in .Brooklyn, there were countless times my teachers could have written me off because I was an urban African- American and Latino male or because my parents passed away and weren't there to provide me with support. But my teachers .didn't write me off, and school became my refuge, a place that gave me the opportunity to grow and learn. I will not write off the students of Buffalo, even those struggling, with chronic absenteeism. They deserve the same chances I had. The school district, administrators, teachers, families and the community must all take responsibility for working together to ensure that happens. I know you share that same commitment. Sincerely, John B. K , Jr. Commissioner RRED TO THE SPECIAL COMMITTEE ON EDUCATION yfi "rt S)1. THE STATE EDUCATION DEPARTMENT 1 THE UNIVERSITY OF THE STATE OF NEW YORK l ALBANY, NY 12234 COMMISSIONEk OF EDUCATION PRESIDENT OF THE UNIUERSITY;OF THE STATE OF NEW YORK s� Mr. Philip Rumore President, Buffalo Teachers Federation, Inc. 271 Porter Avenue Buffalo, NY 14201 Dear Mr. Rumore: May 15, 2012 Thank you for your May 4, 2012 memorandum regarding a recent story in The Buffalo News. I'd like to clear up a few misconceptions. As you know, the attendance issue with respect to evaluations has been resolved: the State Education Department has already approved the substance of the Buffalo City School District and the Buffalo Federation of Teachers submission regarding factoring student attendance into the evaluation process. In addition, the State's growth measure includes adjustments for students with disabilities, English language learners, and students in poverty (see 8 NYCRR §30- 2,2[r]). Similar adjustments to locally selected measures are allowable. The Department's position is clear: attendance can be included as an adjustment factor in the evaluation plans. However, it should be just that — a factor, not a reason to exclude an entire segment of students (particularly large numbers of low- income students and students of color) from the evaluation process. As educators, we cannot abdicate all responsibility for students who are chronically absent. Instead, we must .work with them and their families to help them get back on track. I urge the Buffalo School District, the BTF, and the leadership of the City of Buffalo to launch a community -wide discussion of how best to improve student attendance. The future of the City of Buffalo depends on closing both the achievement gap and the engagement gap that are obstacles to. student success. Although the attendance issue was resolved, the Buffalo City School District's March 23, 2012 submission, signed by. the Buffalo Teachers Federation, did require several technical changes and corrections to comply with federal and State laws and regulations. None of the changes have a substantive impact on the provisions regarding the factoring of attendance, and the substantive provisions of. Buffalo's March 23rd submission are consistent with the Department's position on this issue. N E[1f 0 G 1/I RA I� i . \ The District subsequently submitted a revised MOU, dated April 18, 2012, that reflected the necessary changes and corrections. As noted above, these changes .and corrections were technical in nature and were necessary to comply with the requirements of the federal School Improvement Grants program (SIG), State Education Law §3012 -c and Subpart 30 -2 of the Rules of the Board of Regents. However, the April 18th submission signed by the Superintendent and the bargaining unit for principals does not have a signature reflecting the agreement of the BTF. I have repeatedly indicated that I will approve the April 18th plan — which accounts for chronic absenteeism and complies with the law — if the BTF will sign it. Given that the only changes to the March 23rd agreement we require are technical in nature and do not impact the substance of BTF's agreed upon language regarding attendance, and also given that, for the 2011 -2012 school year, the State's growth measure includes adjustments for ELLS, poverty. and students with disabilities, I see no reason for the Buffalo City School District and the BTF not to send a corrected and agreed upon version of the March 23rd MOU, as revised in the April 18th submission, to SED as soon as possible. I urge you and your BTF colleagues to move swiftly to re- approve the March 23rd agreement, as revised in the April 18th submission. Because the substantive provisions of Buffalo's March 23 submission are consistent with the Department's position on attendance, I am optimistic that this can be accomplished. Buffalo students need SIG resources and the initiatives those resources will support. More importantly, they need an evaluation system that allows. their principals and teachers to continue to grow professionally. We all have the same goal; to give students the hest possible educational opportunities and the best possible chance to succeed in college and careers. . An evaluation system that helps educators improve on teaching . and learning is an irreplaceable step to provide those opportunities. Sincerely, Jahn B. Kin Commissioner REFERRED TO T E SPECIAL COMMITTEE ON EDUCATION G� Summary of Technical Changes Necee.e.ary to March 23 Buffalo Teachers Agreement > Correction to ensure that teachers could obtain each point in the HEDI (Highly Effective, Effective, Developing, Ineffective) scoring ranges (Education Law §3012- c[2]01; 8 NYCRR §30- 2.6[e][4)) Local l - Selected Measures of Student Achievement Subcom orient ➢. Correction to ensure that the scoring ranges for Effective and Developing matched those prescribed for 2011 -2012 in Education Law §3012- c(2)(a)(5) and §30- 2.6(c) of the Rules of the Board of Regents Correction to reflect that the State will provide a single school -wide growth score combining both Grades 4 -8 ELA and math D Correction to replace references to "attendance" with "absenteeism" > Correction to indicate that any weighting for absenteeism would occur by adding points to the State - provided growth score, rather than by changing the Commissioner's scoring ranges (Education Law §301.2- c[2][a][5]; 8 NYCRR §30- 2.6[c]) Other Measures of Teacher and Principal Effectiveness Subcomponent ➢ Addition of HEDI scoring bands (Education Law §3012- c[2][h][6]; 8 .NYCRR §30- 2.6[d], [e]). 1w r 00053:, STATE OF NEW YORK- ' DEPARTMENT OE STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON, AVENUE GOVERNOR ALBANY NY 12231 -0001 May 17, 2012 Dear Colleague, CESAR A. PERALES SECRETARY OF STATE Since .2005 the Department .of State has been working with local government .leaders to help reduce local expenditures while maintaining high quality services. In total, the Department has awarded more than $51 million to 326 grant recipients. The anticipated savings to local budgets as a result of these grants is greater than $560 million over a ten year period, Today, Governor Cuomo announced the availability of $40 million for a new local Government Performance and Efficiency Program that will recognize and reward municipalities that have improved government operations and helped reduce the local property tax burden. Counties (outside of the City of New York), cities, towns, or villages may apply for this competitive award to recognize actions that are: • Producing quantifiable and recurring financial savings; • Having a positive impact on reducing the growth rate in property taxes; and, • Improving the overall efficiency of governmental operations. . To qualify for an award, actions must have commenced on or after January 1, 2010, and must be fully implemented at the time of application, An award shall not exceed: • $25 per resident, based upon a municipality's population, as determined by the 2010 federal decennial census, or • $5 million. The grant deadline is Wednesday, July 25, 2 012 at 4:00 p.m. Applications are available on the Department of State website at http in or by calling 518- 473 -3355 or 1- 800 - 367 -8488. . REFERRED TO THE COMMITTEE ON FINANCE. Sincerely, �. M arc (/r �iC- c,Get�v Cesar A. Perales Secretary of State ar `r WWW.ROS.STATE.NY.US E-MAIL INF0@D08.STATE.NY.U8 00054 , §MMconomics- C, T3 A N k, JP Morgan Fiasco. Shows N eed for Glass. Steagall by John Hoefle May 14—The May 10 surprise announcement by JP Morgan Chase of a. $2 billion loss on derivatives trades, and the response to that loss by its critics, form a delicious irony. The bank which led the crusade against Lyndon LaRouche's demand for reimplement- ing Roosevelt's 1933 Glass - Steagall law, the bank which has fought tooth - and -nail against any and all fi- nancial regulation for decades, has now been mortally wounded by its own speculative hand, and has brought on the next stage of global financial meltdown. And. thanks to JP Morgan's greed and arrogance, thanks to the whole trans - Atlantic financial system's recidivism in committing the exact same speculative lunacy that brought the global financial system to its knees in 2007 -08, Glass - Steagall 'is back on the table .in a big way. "The system is about to blow," Lyndon LaRouche stated on May 12. "The U.S. and British banking system is in the process of collapse right now. The new wave of collapse is happening," and. it is going to rap- idly s re , -EiRo the rioted. The implosion of the Spanish banking system — including the London -run Inter -Alpha Group giant Banco Santander, and its friendly rival BBVA ---is an expression of the same fi- nancial meltdown that is bringing down the entire trans- Atlantic system. "It's important to note how stupid people are," La- Rouche added. "I mean, here you have a banking crisis which has been going on, since I warned against it in 2007. And in 2008, they went into a bailout! And what I was fussing against was that: No bailout! And they went to a bailout!" As a result of not heeding LaRouche's demand, from 2007 onward, for Glass - Steagall and replacing the current financial house of cards with a production -ori- ented credit system, the edifice is now imploding. "This present financial system, in its present form, is now ex- tinct," LaRouche emphasized. "It's dead. The bodies are still moving because, with these kinds of animals, they're not so good on brains, so they don't know when they're dead. And that's what it is: This is all dead. The whole system is dead!" . The only solution to this, is the one advocated by LaRouche. Reinstate Glass - Steagall; close the Fed and replace it with a new National Bank of the United States; impose strict regulations, and enforce them tightly. The attempts to "fix" the current British -model financial system have failed. We have to junk that system, and return to American System economics, not only in the United States, but in the world as a whole. Morgan's Loss The $2 billion loss announced by JP Morgan, is of course just the tip of the tip of the iceberg. JP Morgan itself reportedly has at least $100 billion in exactly the kind of losing derivatives bets that led to the $2 billion. admission. And JP Morgan may be the biggest deriva- May 18, 2012 EIR Economics 35 1 g g -- E tives addict in. the U.S. banking system, but it is hardly alone in this. Every big bank in the U.S. and Europe is in trouble, sitting on piles of worthless assets, covering up giant losses,. and fighting for sur- vival. In Europe, the dominoes are falling one by one, with the Spanish bank bailout simply the latest in an unending, and inevitable meltdown. The. whole system is finished. JP Morgan Chase held an extraordinary conference call on the afternoon of May 10 to announce that it had lost at least $2 billion in the derivatives markets. The losses, in the words of bank CEO Jamie Dimon, were "egregious, self - inflicted," and the result of a strategy that was "flawed, complex, poorly executed, and poorly. monitored." The loss stems from trades made by JP Morgan's Chief Investment Office (CIO), and in particular, with trades made by the CIO in London. It appears that the bank was placing huge bets which arbitraged the' differ- ence in price between the cost of a credit default swap on an index, and the cost of the buying credit default swaps individually on the same companies. Not only that, but it appears that the bank was using its market power to manipulate the price of those credit default swaps in its favor. The CIO office, which supposedly was, being used to hedge bets held elsewhere in the bank, appears to have become a giant proprietary trading operation, cording to its filings with the Secu- rities and Exchange Commission (SEC), the CIO unit had nearly as much market exposure on an aver- age day in 2011, as did the bank's much larger investment - banking operation. The CIO unit appears, in effect, to have become something of an internal hedge fund. Every- thing indicates that they had been tasked to generate quick specula- tive profits, to cover up what was likely an even larger hole in the bank's balance sheet. The positions taken by the CIO became so large that they were dis- torting the market, and causing some of the bank's competitors to complain. But Morgan's strength was also its weakness —once the competitors figured out what Morgan was doing, they began to move against it. The result was $2 billion in losses in five weeks, with more to come, as some of the bank's bets are still open. Dimon admitted in the conference call that the losses could grow by another $1 billion, and that may be an underestimate, Political Fallout The response to JP Morgan's loss announcement was felt far beyond the banking sector. Dimon himself admitted during the conference call that loss "plays right into the hands of a bunch of pundits out there" who advocate stronger regulation of the banks. JP Morgan has hated Glass - Steagall for a very long time, as it was one of the prime targets of Presi- dent Franklin Roosevelt's original law in 1933. Glass - Steagall was passed because the big banks —led by JP Morgan —had been caught red- handed manipulat- ing markets, bribing officials, and stealing from their customers. FDR used Glass - Steagall to break up the big banks, forcing them to choose between being com- mercial banks or investment banks. No more would customer deposits be used by the banks to speculate and manipulate for their own benefit. As a result of Glass - Steagall, JP Morgan was forced to. split into two parts, the commercial bank JP Morgan & Company, and the investment bank Morgan Stanley. 36 Economics EIR May 18, 2012 JP Morgan "s $2 billion loss was "egregious" and self - inflicted, " admitted CEO Jamie Dimon. The surprise announcement has revived calls for Glass - Steagall. 9 9-11 FIGURE t billion in loans from the Fe eral Reserve - - B ank. So when JP Morgan and Dimon shot themselves in the foot with their derivatives disaster, the fallout came quickly. Re-Regulate Now! A fair amount of the discussion revolved around the Dodd -Frank Act, with its Volcker After FDR's death, JP Morgan began pushing to undo the strict, modern regulations that had been im- posed under his Presidency. The push bore fruit begin- ning in the 1950s, and in 1984, the bank launched a concerted attack on Glass - Steagall, in the form of a pamphlet authored by Alan Greenspan, at the time a di- rector of the bank. During the 1980s and 1990s, JP Morgan was in the vanguard of the deregulation market, and in particular, in beating back all efforts to regulate derivatives. When Jamie Dimon took over the bank in 2005, he continued this assault on modern bank regulation. In the wake of the "banking crisis of 2008" (which we put in quotes because it is far from over), JP Morgan Chase (formed by the 2000 merger of JP Morgan with Chase Manhattan) gained an undeserved reputation as being largely untouched by the crisis, and Dimon gained an equally undeserved reputation as . Wall Street's top banker —and a possible candidate to suc- ceed Tim Geithner as Treasury Secretary. Backed by Wall Street's lobbying and public relations machine, Dimon became the leading spokesman for the anti -. regulation crowd, and also began whining loudly about supposed public mistreatment of bankers! That, from a mari whose bank got $25 billion from° the TARP (Troubled Assets Relief Program), and $391 May 18, 2012 EIR Rule provision against . proprietary trading. Dimon had been .a leading opponent of. the Volcker Rule, claiming that it would hurt Wall Street and hurt America. But the more serious responses cited Glass - Steagall. "We really do need this boundary between traditional banking —that is,. taking deposits and making loans —and hedge -fund style in- vesting," said Sen. Jeff Merkley (D -Ore.) in a conference call on May 11. "JP Morgan's losses are a stark warning about the dangers of having major banks take these risky bets, so- called proprietary bets," said Sen. Carl Levin (D- Mich.) on the same call. "What just happened at JP Morgan —along with its leaders' cavalier dismissal followed by lame reassur- ances— reveals how fragile and opaque the banking system continues to be, why Glass - Steagall must be resurrected, and why the Dallas Fed's recent recom- mendation that Wall Street's giant banks be broken up should be heeded," former Labor Secretary Robert Reich wrote on his biog. The call for Glass - Steagall was picked up by many others, and is now gaining strength. Rather than worry about the Dodd -Frank Act with its Volcker Rule, a law passed as little more than a cover for doing nothing, we need to strike now, before Wall Street can regroup. The Drain in Spain The day before JP Morgan admitted its big loss; the Spanish government escalated the bailout of its bank- ing sector bynationalizing Bankia, that nation's fourth - largest bank. The Bankia takeover is part of a larger operation, demanded by the British Empire, to create a "bad bank" where losses from the entire Spanish bank- ing sector can be dumped. Bankia was formed less than two years ago, in De- cember 2010, when the Spanish government merged seven ailing cajas— savings banks - --into a new bank. Economics 37 As of the - deal,, the - go vernm e nt _ - p EU4 5 -bil -- lion into Bankia's parent holding company, BFA. In 2011, Bankia went public. Now, in 2012, this creature of a previous bailout is being bailed out again —and is still going to be bankrupt after this second bailout! While Bankia is clearly suffering from property loans in the Spanish real estate bubble, the bigger danger is in the two Spanish giants, Banco Santander and BBVA. Santander is the biggest bank in the Euro- zone by market capital, and a leading member of the bankrupt Inter -Alpha Group. Santander has significant operations in Britain, and both Santander and BBVA have large exposure to Ibero- America. Santander, in particular, is a key bank in the Brazilian carry, trade, which has generated the cash flow that has so far kept Santander a step ahead of the Grim Reaper. Spanish banks have also borrowed heavily from the European Central Bank in their efforts to appear sol- vent, and Santander CEO Emilio Botin, while claiming that his bank is "just fine," is demanding that the ECB give the banks even more money. That the Spanish bailout was only beginning was signalled by the Financial Times, the Rothschild-con- tr olled_ mouthpiece_ o th Ci ty_ of L ond o n. "I f t h e gov- � ernmenfi wants to res ore trusC in the banks - and - sover- eign debt, the solution has to be both industrial in scale, and unimaginably bigger than the market expects —as TARP was in the U.S.," the FT's Lex.column insisted May 10. Talk about recidivism. The lesson of B ankia is the same lesson we've seen elsewhere in Europe and in the U.S. Bailouts do not work. And they are not intended to work. The banks are hopelessly insolvent, being kept "alive" by the cash. flows from the bailout. But the bailout is just an illu- sion, a form of derivative itself. The actual content of Britain's policy, is the imposition of full -tilt fascist aus- terity, global depopulation, and the destruction of the nation -state in order to install a supranational financial dictatorship over the rubble. The only alternative that will work is what La- Rouohe has detailed since 2007. Perhaps others, inter- nationally, will now be prepared to listen and act, with the implosion of the Empire's House of Morgan. johnhoefle@larouchepub.com REFERR TO T .y4 COIV MITTEE ON FINNCE .. y 38 Economics EIR May 18, 2012 PETITIONS May 29, 2012 00055 W. Brown, Agent, Use 1171 Michigan for a Ground Sign . . (hrg 6/05)(Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD p yr 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 TO 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS I5 TO ACKNOWLEDGE THAT 1 HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: J To be held in the Council Chamber, 13 Floor, City Hall On: J 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 A ( Age?nOwner) Print Name s � � , t' "^ - ''` Phone # - 7 4 ' 0 ( 1) x) Date ATTENTION PLEASE ALSO CONTACT, THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 SIGNS Building Application � Repod Date 0 512012 11 AM -- _ -_ -- ___ -- __ -_ -- Submitted- By__- _- FLD - - -_ -- __- -_ _- - ___ -_- - Page -1 -_ A/P # 180702 Address 1171 MICHIGAN BUFFALO NY 14209- I Location Contact 1D AC59524 Name Date / Time By Mailing Address 1171 MICHIGAN Date / Time By Processed 05/15/2012 11:35 DIGEF Temp COO Country USA ❑ Foreign Issued Evening Phone COO Mobile # Final Owner Y From 05/28/2000 To 05/06/2007 Expires HOMESPACE CORPORATION Type of Work Organization # Plans 0 Declared Valuation 1500.00 Dept of Commerce Country USA ❑ Foreign # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Sill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name D escription "'PLANS / COMMON COUNCIL APPROVAL (FEE AND PUBLIC HEARING) REQUIRED 387 -19 TO ERECT A 3'X6'X6'HIGH GROUND SIGN WITHIN PROPERTY LINES ON THE CORNER OF DOGE AND MICHIGAN FOR AN EXISTING HUMAN SERVICES FACILITY " HOMESPACE" IN A C1 ZONING DISTRICT. Parent A/P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 1171 MICHIGAN BUFFALO NY 14209- I Location Contact 1D AC59524 Name PERFECTING TITLE CITY OF BUFFALO Mailing Address 1171 MICHIGAN Organization City BUFFALO State /Province NY ZIP /PC 14209 -2317 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 ContactlD AC271310 Name HOMESPACE CORPORATION Malting Address 1171 MICHIGAN AVE Organization City BUFFALO State /Province NY ZIP /PC 14209 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From To No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851-4949 Fax (716)851 -5472 SIGNS Building Applica' 999999 HIM AC125720 TO BE BID Check Fees Fees Failed p -lf , s i Y .�{, �e = a e la�x4 �, ✓.a, ` -;z y, �. �1� 4� e� 5�s'� r . s '3- z � � u,,€ No Parcels are linked to this A `�`� E • ^} 3f R� 1p�a �a r � ¢.E , I� " �'S_ •• •_ " I ��• �1+ tP st $ .t� N A pplicant ..d � Reviews Failed 585095 CC APP 41 COMMON COUNCIL APPROVAL REQ'D Incomplete Primary Y Ca p aci ty / EffecWe Ex p i re Contact ID TBB Name TO BE BID Ph one A Comments BUFFALO, NY 14202- APPLICANT/FACILITIES MANAGER: WILLIAM BROWN 716-881-4600 999999 HIM AC125720 TO BE BID Check Fees Fees Failed APPLICATION FEE (PLANS) ($25.00) Unpaid FIAT FEE GROUND SIGN @ COMMERCIAL SITE ($75.00) Unpaid Check Inspections Inspections Successful — Check Reviews Reviews Failed 585095 CC APP 41 COMMON COUNCIL APPROVAL REQ'D Incomplete 585094 PLAN REV #1 - REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 APPLICATION FEE (PLANS) R1 15: U 25.00 FLAT FEE GROUND SIGN @ COMMERCIAL SITE U 75.00 Total Unpaid 100.00 Total Paid 0.00 There are no Inspections for this Report 585094 PLAN REV 1 Incomplete ❑ 05/15/2012 11:35 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (71x)851 -4949 Fax(716)851 -5472 585095 CC APP 1 SIGNS Building Application Incomplete ❑ Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bfio Arts Commission ❑ Arts Comm. Approval ❑ Special events City Engineering ❑ Curb Cuts ❑ Encroachment ❑ Oversize Trucking ❑ Plumbers' Cuts ❑ Street Cuts City Planning ❑ Citywide Site Plan ❑ Subdivisions ❑ Urban Renewal City Survey ❑ Address Permit ❑ Development ❑ Flood Plain City Survey (con f) ❑ Subdivisions Common Council ❑ Admin OfficelApts R4 ❑ Beauty Parlor R2 ❑ Canopy /Marquee ROW ® Freestanding Sign ❑ Human Service Facility ❑ Portable Sign in ROW Q Restricted Use Permit ❑ Other Environmental Review ❑ S.E.Q.R.A. ❑ N.E.P.A. Law Office ❑ Insurances Check ❑ Title Held 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 05/1 51201 2 11:35 Modified By digef Modified DatelTime 05/15/2012 11:35 Permit Office ❑ Asbestos Survey ❑Asbestos Abatement ❑ Bond/Certified check ❑ Assessment Combination ❑ First insurances Check ❑Public Works approval ❑ Notarized Permission/ for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Sewer/ Water Cut Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention Modified By digef Modified Date/Time 05/15/2012 11:35 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 HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau 72 2 " x 2t' AlufllkumtabiQg ,gWck-created;into t ground. he The si n dvill . be attaclicd to the h Poles with 1/2" aluminuw.angle and 1 /4 , Ind ..ff 01 "OU N D 6 " 34 96 24 66 O�ry THIS SURVEY WAs PREPARED WITHOUT THE 6ENEPIT OFA CURRENT FULL ABSTRACT OF TITLE AND IS SUBJECT TO M ANY STATE OP FACTS THAT MAY EE REVEALED 6y AN E%AMENATION OF SAME. (DODGE (E0'WIDE) STREET 120.00• : r Fil J �1 n� W 0.45 FRAME HOUSE D z W - Fees vao W. a G4Y Wk;--, r 096 l - WIRY - - Pohl 1.47 Fen. OA0W. 0 - 2 Snow and ice eandlNons on site O W - k) - preelude the locating of improvements ihot moy exist of grade - 0 a N - PARALLEL WITH DODGE STREET �3 r rAA V FRAME 14 a s o 4 GARAGE T mi a i M. Pole . 30.00' `r' tangy. ±L.... 6s0 w. ftllee W � - FRCO 3 � ORI W: • � m - - - Wdl 0.40 W. Went foes of O 9 Wall 0130 E . W-A tote of Wdl 024 W. - W I- w E 15p.00' W Z F RAME _ ° 9 A P HOUSE d $ ° FR. n ED 8 ° GAR. ` a_ 2 a5 c PARALLEL. W[rH BEST STREET Ray L. $otnnellnherger 1= i Land Surveyor w_ 1 ° N.Y.S. Lie. No. 036193 PART OF LOT 31 G. Niagara street Eq F TOWNSHI 11, RANGE 8 sutWo, New York CITY OF BUFFALO. Phone. 716- 854.0159 Fu:R.I 716 - 8514.1492 - ERIE COUNTY, NEW YORK Scale 1" a 20 Date JAN. 15, 2003 tdOTE: No 56et 66035 No. 03-16 - wrneryglats set - - 76 ' 1 s map f vcld unless EMBossee with N ew York Slar. Licensed Land Su rveyor's Seal Na. 036793 - Copyright 2003 AlterinE airy item an This mo 'a in the [aw, ease rin us P vialaiten e } p in Seaioa g provided Pore 2 of the Now York Stole Educaeian Y7av, Low. . THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT - FULL ABSTRACT OF TITLE AND IS SUBJECT TO yLmy SPATE OF FACTS - THAT MAY BE RWFALEU ELY AN EXAMINATION OF SAME. DODGE I69 WIUEI STREIET - - 12-0.00* W z W Q W 4 s to LO O N TT V 1 Snow and Ice conditions on site preclude the locating of improvements that may exisl at grade FRAME HOUS Feria. N 030 W. ulZ Gary win I ° y ° FR. r GAR. I t 0.96 1 � g UIBy -e 1.47 Ray 1L. SonneEaterger F.nee Gaud Surveyor N.Y.S. Cie. No. 0361193 42-0 W, m o" PART OF LOT 31 w _Z O rw to l O 32- Rleffalo,' iYe�V York O � CrrY OF BUFFALO w � acs �u $ a� c PARALLEL WITH _. - .- _- ...._._.. .. -. .. _ .. � Sheet 66035 P1o: oS -16 ... .. .. .. _ .. _. -... .. - -. DODGE STREET void ..N. EMBOSSED wilk - - - N— yo,Rls Wale Licensed Land Surveyorrs Seat No. X36193 Copyright 2003 Aimrin9 any item an This ma pis in violation of the low, excepting as en seciian FRAME z or GARAGE # 0 a V im° Fdilty y 30.00 290 W, UD Fence On Lb. 1 N N 9 ^f Fell m. 02t W. W..I lace of W Wotl OAa W. - We.I mae of ko Well 0 r We" be. of waR 024 w. IJ �z 3� T I , N 150.00 ulZ FRAME HOUSE ° y ° FR. r GAR. � g N a 'PARALLEL WITH BEST STREET Ray 1L. SonneEaterger E Gaud Surveyor N.Y.S. Cie. No. 0361193 m o" PART OF LOT 31 s¢ N18 orb SEreelt to l TOWNSHIP 11, RANGE 6 Rleffalo,' iYe�V York CrrY OF BUFFALO Phone- 7IG - 854 - 0159 F" 716 - MW - 1402 ERIE COUNTY. NEW YORK Scale r a 20 Date JAN. IS, 2003 09TE: . . No cor•ner.poines so} _ _. - .- _- ...._._.. .. -. .. _ .. � Sheet 66035 P1o: oS -16 ... .. .. .. _ .. _. -... .. - -. _. .. _.._, -. _- .� .......... .. . void ..N. EMBOSSED wilk - - - N— yo,Rls Wale Licensed Land Surveyorrs Seat No. X36193 Copyright 2003 Aimrin9 any item an This ma pis in violation of the low, excepting as en seciian - provided 72Eg, Pon 2 OF Ike New Yark Slate Ed"a,ian Low. Q®05r A. Piccione, Owner, Use 746 Elmwood, Convert Hair Salon To a Take -Out Restaurant (Hrg 6 /5)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK G ERALD 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 CfTY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TOTHE TIME AND PLACE FOR THE PUBLIC H EARING REGARDING: V. To be held in the Council Chamber, 13 Floor, City Hall 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 ! am not the owner or pe ' ' er, I will inform said owner, petitioner or his/her agent of the above. Signed A ( ge caner Print Name _ �/� C • -Z C ru rc/�._ 70 r � -- 6' 3,5' 7 7 Phone # 7 f Date ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING Cit of Buffalo - GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 l Reportbate D5/_16120.12 02:58_PM _ __ ___ __ Submitted-By ___ DAVID _KRUG_ _ _ ___ _ __ -_____ Page -1- -I A/P # 180774 Date I Time By Date I Time By Processed 05/16/2012 14:50 KRUGD Temp COO Issued COO Final Expires As5ocoated Information Valuation Typo of Work # Plans 0 Declared Valuation 3000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work COMMON COUNCIL APPROVAL REQ. RESTRICTED USE IN THE "EB" DIST. PUBLIC HEARING REQ. -FEE REQ. CONVERT AN EXISTING HAIR SALON TO A TAKE -OUT RESTAURANT (FOWLERS CHOCOLATES) PLANS REQ. Parent NP # Project # ProjectfPhase Name Phase # Size /Area Size Description Address 746 ELMWOOD BUFFALO NY 14222- Location Contact ID AC341602 Name GREAT LAKES MANAGEMENT GOUP Mailing Address 100 KOSTER ROW Organization City AMHERST State /Province NY ZIPIPC 14226 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0 7/1 012 008 To Contact ID AC1248394 Name JR WALTER J MATT Mailing Address 8 SOLDDERS PLACE Organization City BUFFALO State /Province NY ZIPIPC 14222 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC51048 Name B MATT,WALTER J JR & LINDA Mailing Address 8 SOLDIERS PLACE Organization City BUFFALO State /Province NY ZIPIPC 14222 -1232 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Resort Date 05/1612012 Submitted By__ DAVID _KRUG_ GC Building Application No Addresses are linked to this Application No Addresses are linked to this Application 1002100004012000 No Parcels are linked to this Application No Applicant Contacts ra °ffi -10 §° e ° r, ��:.� ° "� 'c '`.' ��£'e. _ ,:��:a ;� n . rvy. ' � s"«ia���ena.:x^:r.'u�a x. e �; "&:��. ¢-e »�r -�� �°° g y ®?a¢ . % •� .:.^_ r�} x Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERITENANT Phone Fax Address (SEE UNDER APPLICANT) Comments TONY PICCIONE 870 -3077 < d ' � � ��• � � e `.:4YY �.'� t 4 , t�� , «9b� 8 .. e :Av & !9 4 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 ($50.00) GC PLAN REVIEW - MERCANTILE ($50.00) GC PMT, INSP, C OF 0 FEE - MERCANTILE ($44.00) GC PMT,INSP,C OF 0 - INITIAL FEE ($200.00) Check Inspections Check Reviews 585322 CC APP COMMON COUNCIL APPROVAL REQ'D 585320 ELEVATORS - CONVEYANCES BEING REMOVED? 585319 ELMWOOD ELMWOOD VILLAGE DISTRICT 585321 PLAN REV - REVIEW .REQUIRED Check Conditions MD MULTI - DWELLING PROPERTY Check Alert Conditions Check Licenses Check Children Status Check Open Cases Case # 191197 Fees Failed Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Failed Incomplete Waived Incomplete Incomplete Conditions Successful Approved, OK Alert Conditions Successful Not Checked Children Successful 1 APPLICATION FEE U 50.00 FINE FEE U 0.00 GC PLAN REVIEW - MERCANTILE U 50.00 GC PMT, INS P, C OF 0 FEE - MERCANTILE U 44.00 GC PMT,INSP,C OF 0 - INITIAL FEE U 200.00 Total Unpaid 344.00 Total Paid 0.00 City of Buffalo GC Building Application 65 Niagara Sc{uare . Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 r PROPERTY: Limited Summary Appraisal Report (October, 2003) - Estate of Walter Matt 7.8 Elmwood- Avenue,- City-of Buffalo,-New- York ' Survey: h 6 L Z 1 G'ry, n � •V e r � � AFL Y 1. rs Ho.�Yf -r FAN t � c ,?� zSa t17K �_kx 13 !;I /"c' h n m � fh O 1G�NL E" ryr✓ L /n /E G0 W`LE E ARY ° 0D � M N � R COPY m a ILI S BLOT p.4o' 1 La MAP COVER ' ny 4.J Sotrrlr.�_ y4-4 � fs•" .Q . a 4 Sn rJ7H�� ^1'. � G 4- n $ i '� �! C i ,.Vc,C2 �iY �- �ZeMT + o - o ,^� 5'e1.PTfY• �_kx 13 !;I /"c' h n m � fh G0 W`LE E ARY ° 0D � M N � R COPY m a ILI S BLOT BLOCK MAP COVER td �_kx 13 W. Wesolowski, Owner, Use 1256 Hertel -To Place Outdoor Caf6 in Front of Existing Restaurant (Hrg 6 /5)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MIL.LY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 13 08 CITY HALT. BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX, (716) 851 -4845 THIS 15 TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13' Floor, City Hall On: at 2:00 PM Q 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 ' �. Qk_ \1-Y V Jy - (Agent /Owner) Print Name �l-i y�, r-� 1.1. E5c7�o c ���t Phone # 1 Co �'� - Z.3 (� Dat 1��Zo1L ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING City ofBuffato OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 111 port Date 05/18/2012 11:07 A M _ __ Submitted By _ FLD _ — __ Page_1___I A/P # 180839 Date Time By Date / Time By f Processed Temp COO I . Issued COO Final Expires Valuation Type of Work #Plans 0 Declared Valuation 1000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name QesQLWtion of Wo — COMMON COUNCIL (PUBLIC HEARING,FEE) AND ENGINEERING APPROVAL REQUIRED FOR RESTRICTED USE PERMIT TO PLACE AN OUTDOOR CAFE 10'X16'8° IN THE FRONT OF AN EXISTING RESTAURANT ON THE R.O.W.IN THE HERTEL AVE SPECIAL ZONING DISTRICT AS PER ATTACHED SURVEY/SKETCH. AKA 1260 HERTEL (EASTERNMOST TENENT SPACE). Parent A/P # Project # Pmject/Phase Name Phase # Size /Area Size Description Address 1256 HERTEL BUFFALO NY 14216- Location Contact ID AC208869 Name 1256 HERTEL AVENUE Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST State/Province IVY ZIP/PC 14226 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From. 0 711 1120 02 To Contact lD AC1215677 Name ASSOCIATES LLC 1256 HERTEL AVENUE Mailing Address CIO R L & B R CHAINANI Organization City 773 NIAGARA FALLS BLVD State /Province AMHERST NY ZIP/PC 14226 -2007 Country ❑ Foreign Day Phone Evening Phone Fax Mobile #t Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC287527 Name ASSOCIATES LLC Mailing Address 773 NIAGARA FALLS BLVD Organization City AMHERST State/Province NY ZIP/PC 14226 Country USA ❑ _ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 07/11/2002 To City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (7`16)851 -5472 OUTDORCAFE Building Application ContactlD AC33405 Name CHAINANI,BONNIE R CHAINANI,RAMESH L; Mailing Address Organization City 773 NIAGARA FALLS BLVD State/Province AMHERST NY ZIP/PC 94226 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 06114!2002 To 05/0612007 ContactlD AC18233 Name MESCHES,HARRY D Mailing Address 288 ALLENHURST RD Organization HARRY MESCHER City BUFFALO State/Province NY ZIP/PC 14226 -3006 Country ' USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner N From To 02/22/2005 No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 0786400003022000 No Parcels are linked .to this Application No Applicant Contacts ❑ Foreign ❑ Foreign Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERrfENANT Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments 000000 SBU AC12792 OWNER OF PROPERTY 11111.1 MEL AC12792 OWNER OF PROPERTY 222222 SPC AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Check Fees Fees Successful Check Inspections Inspections Successful City of Buffalo OUTDORCAFE Building Application Total Unpaid 0.00 Total Paid 0.00 There are no Inspections for this Report Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bflo Arts Commission 65 Niagara Square ❑ Arts Comm. Approval ❑ Subdivisions Buffalo NY 14202 ❑ Public Works approval E) Notarized Permission/ (716)851 -4949 Fax (716)851 -5472 l ❑ Admin dfficelApts R4 Report Dat 0511 8/201- AM Submitted-By FL-D— Page 3 ® Encroachment ❑ Canopy /Marquee ROW Check Reviews Reviews Successful Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check licenses Not Checked Check Children Status Children Successful Check Open Cases 2 Case # 179365 Environmental Review Case # 181004 ❑ S.E.Q.R.A. Pre -Check Conditions Added: 0 Inspections Added: 0 Reviews Added: 0 Fees Added: 0 Conditions Added: 0 Periodic Inspection Schedules Added: 0 Total Unpaid 0.00 Total Paid 0.00 There are no Inspections for this Report Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events ❑ Public Works approval E) Notarized Permission/ Common Council City Engineering ❑ Admin dfficelApts R4 ❑ Curb Cuts ❑ Beauty Parlor R2 ® Encroachment ❑ Canopy /Marquee ROW ❑ Oversize Trucking ❑ Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW Preservation Board ® Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Water Retention ❑ N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held. Modified By digef Modified Date/Time 05118/201211:04 Permit Office ❑ Asbestos Survey C1 Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check ❑ Public Works approval E) Notarized Permission/ for portable sign one year Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ SewerlWater Cut ❑Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention Cit of Buffalo DUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716 )851 -4949 Fax (716)851-5472 Kof ml �^ � � | � / / } | [ t Q / | ` " .^ Ll i I I V I .I I � i i I I I w 22� 1 -96Z i l � i I � �q z 0 , Af 1 i i 41aW7Y 0005 8 K. Woods, Owner, Use 1853 Clinton St to Reopen an Existing Tavern (Hrg 6 /5)(Lov) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 5� OFFICE OF THE CITY CLERK G ERALD 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 ( v 65 NIAGARA SQUARE ROOM 1308 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, 1P Floor, City Hall On: 3 � at 2:00 PM I am a lso 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 t/�h�rn� W - - -- _ (Age /Owner Print Name 'l a Cepq W Ot] S Phone # Date — J 1 -/ a L C_- ION PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING ci of Buffalo 6`. giagara Square E Jalp, NY 14202 f 16)851 -4949 Fax (716)851 -5472 [Report Date 05/21/2012 09:39 AM USE -OLD Use Application Submitted By FLD Page 1 A/P # 3220 Date /Time By Date / Time By Processed 05/21/2012 09:38 DIGEF Temp COO Issued COO Final Expires Assodated In V aluation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Plans 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0:00 Square Footage 0.00 Name Deaw4tion of W "*COMMON COUNCIL APPROVAL (PUBLIC HEARING AND FEE) REQUIRED FOR A RESRICTED USE PERMIT 511 -55.TO RE -OPEN AN EXISTING TAVERN IN THE CLINTON SPECIAL ZONING DISTRCT 511 -68.4 CLOSED LONGER THAN ONE YEAR.NO PHYSICAL OR STRUCTURAL CHANGES. Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description No Addresses are linked to this Application I Location- ContactJD AC364792 Name 1853 COMMERCIAL LLC Mailing Address 1.105 COLVIN BLVD Organization City BUFFALO State/Province NY ZIP /PC 14223 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N . From To Owner Y From 05120/2012 To Contact ID AC1318133 Name WOJCIECHOWSKI HENRY N Mailing Address Organization City 1853 CLINTON State/Province BUFFALO NY ZIP/PC 14206 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/23/2005 To 05/06/2007 Contact ID AC93315 Name WOJCI ECHOWSKI, HENRY N Mailing Address 1853 CLINTON Organization City BUFFALO State/Province NY ZIP/PC 14206 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Address 1853 CLINTON BUFFALO NY 14206- City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 05/21/2012 09:39 AM No Addresses are linked to this Application No Other Addresses are associated to this Application 1233400007005000 No Parcels are linked to this Application No Applicant Contacts OEM Primary Y Capacity Type Noncom= Effective Expire Contact ID OWNER Name OWNERITENANT Phone Fax Address (SEE .UNDER APPLICANT) Comments OWNERIAPPLICANT: KAREN WOODS 716- 289 -0326 004000 SBU AC12792 OWNER OF PROPERTY 911111 MEL AC12792 OWNER OF PROPERTY 222222 SPC. AC123700 OWNER FLL1234 DM1 AC12792 OWNER OF PROPERTY 000000 HIM AC12792 OWNER OF PROPERTY Fees Failed Unpaid Unpaid Inspections Successful Reviews Successful Waived Conditions Successful Alert Conditions Successful Not Checked Children Successful 0 Submitted By FLD U U Total Unpaid 50.00 USE -OLD Use Application Pa ge 2 25.00 25.00 Total Paid 0.00 There .are no Inspections for this Report 00059 c C, Malcomb, Agent, Use 333 Amherst St -Erect Gasoline Station Kiosk, Pump Island and Underground Gasoline Storage (Hrg 6 /19)(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 0a0 :%\cA W' 1u 4 '14xj Cvtm C! -�` C91 OFFICE OF THE CITY CLERK GERALD A CHWALINSKI - -- - a Ow City Clerk Registrar of Vital Statistics � � 65 NIAGARA SQUARE MARY. H.13ALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 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: 3 �� . �� $a2n ; vA S-1 u -T k os ►� Z l�.d r To be held in the Council Chamber, 13' Floor, City Hall On: �2 E�.�...: ! �, at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner wi receive, and that.if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. 11 (Agent/Owner) Print Name Cl z° Phone # Date / ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo i 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 GC Building. Application Pa ge 1 AJP # 168851 Date I Time By Date I Time BY Processed 06121/201115:46 DIGEF Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 1100000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name - Description of Work COMMON COUNCIL APPROVAL REQ. (SECTION 511 -28 E2 AND NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT) PUBLIC HEARING REQ. FEE REQUIRED. CITY WIDE SITE PLANNING APPROVAL REQUIRED — ERECT A GASOLINE STATION KIOSK, CANOPY, PUMP ISLANDS AND UNDERGROUND GASOLINE STORAGE TANKS IN THE PARKING LOT OF A TOPS MARKET. AKA 345 AMHERST ST. PLANS REQUIRED. Parent A!P # Project # Project/Phase Name Phase # SizelArea Size Description Address 333 AMHERST ST BUFFALO NY 14207 - Location AKA 345 AMHERST Contact ID AC273203 dame 345 AMHERST ST CO. LLC Mailing Address PO BOX 1027 Organization City BUFFALO State /Province NY ZIP/PC 14240 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)1351=5472 Report Date 05/18/2012 09:40 AM GC Building Application Primary N Capacity OWNER Contact ID AC273203 ❑ . Foreign Effective Expire Name 345 AMHERST ST CO. LLC Day Phone Eve Phone Organization Pager PIN Position Fax Mobile Profession E -Mail Address PO BOX 1027 BUFFALO, NY 14240 USA Comments No Comments I RA Primary Y Capacity Type Effective Expire Contact ID TBB Name TO. BE BID Phone (716)851 - 4924 x Fax Address 301 CITY HALL Comments BUFFALO, NY 14202 - APPLICANT /ARCHITECT: TRM ARCHITECTS: JEFF MARCINIAK $83 -3516 999999 HIM AC125720 TO BE BID Check Fees Fees Failed APPLICATION FEE ($50.00) Unpaid GC PLAN REVIEW - MERCANTILE ($50.00) Unpaid GC PMT, INSP, C OF 0 FEE - MERCANTILE ($2.64) Unpaid GC PMT, INSP,C OF 0 - INITIAL FEE ($200.00) Unpaid GC PMT, INSP, C OF 0 FEE - SITE WORK ($200.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 552736 BCODEREV BUILDING CODE REVIEW Incomplete 552747 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 552737 CITY WIDE CITY WIDE SITE PLAN APPROVAL Incomplete 552740 ELECTRICAL_ PLAN REVIEW REQ'D Incomplete 552738 FPLAN FIRE PREVENTION PLAN REVIEWREQ Incomplete 552741 HPLAN HVAC PLAN REVIEW REQUIRED Incomplete 552739 PPLAN - PLUMBING PLAN REVIEW REQUIRED Incomplete Check Conditions Conditions Successful Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 0 GC PMT, INSP, C OF O FEE - MERCANTILE U GC PMT,INSP,C OF O - INITIAL FEE U APPLICATION FEE A GC PLAN REVIEW'- MERCANTILE U GC PMT, INSP, C OF O FEE - SITE WORK U Total Unpaid 502.64 Total Paid 2.64 200.00 50.00 50.00 200.00 0.00 City of Buffalo 65 Madara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 05/18/2012 09:40 AM 552736 BCODEREV 0 552747 CC APP 0 552737 CITY WIDE 0 552740 ELECTRICAL 0 552738 FPLAN 0 552741 HPLAN 0 552739 PPLAN 0 Submitted By DAVID KRUG N 06/21/2011 15:4E N N 06/21/2011 15:46 N 06/21/2011 15:46 N 06/21/2011 15:46 N 06/21/2011 15:46 N 061211201115;46 GC Building Application Detail 1. PRIOR REQUIRED APPROVALS Modified By DIGEF Modified Datefrime 06/21/2011 15:45 Comments - No Comments PRIOR APPROVALS Bfio Arts Commission ❑ Arts Comm. Approval City Survey (can't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin OfficelApts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment ❑ Canopy /marquee ROW Lease showing Use ❑ RodenWermin Bait encroachment L) Oversize Trucking ❑ Freestanding Sign ❑ 5ewerlWater Cut L) Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable.5ign in ROW Simple Plan Approval ❑ Restricted Use Permit ❑ Zoning /Use Check ❑ Tree over 4" at 4' City Planning ❑ Other Q Thruway Sign approval ® 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 Modified By DIGEF Modified Date/Time 06/21/2011 15 :46 Comments No Comments�a is t City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 GC Building Appiicaion 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 Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mull. Dwellings ❑ Revisions Req'd. for Bldg Cade Rev. ❑ Revisions Req'd. for Citywide Site ❑ Revisions Required for Sewer Plans ❑ Revisions Required for Plumbfng ❑ Revisions Required for Electrical ❑ Revisions Required for HVACIMech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau No Conditions i_�, '� ��°°��.�'w'�`4 s'a.., ��r r s ,i� � �� t*�' d� � ..���- a� � r s?° -si�-� a•sa: �a� , »";a' �'�' -. - z % - �:!' - tt..���ry�eP^'e �"�;� �a��1��•�° ,s' rg��,"?r z '��' c �'� G � & e. �a -r �e�'xr g ¢��':.' r""S�v.,.'' �',�S��.e.�. `��'°�- '� §e � •a3 ^y� . �, , �' -: •� w � p 0 No. of Residential Units Lost ❑ Residential ❑ Work Without Permit (FINE) Rebris: 0 No. of Residential Units Added ❑ Commercial ❑ Work Done by Owner ❑ Truss Construction ❑ Zoning Board of Appeals ELEVATORS You must fill out the custom form on activity detail if there Is ELEVATOR work to be completed. Building Construction: Ism sw 33404.00 Y M 66.00 Y No Employee Entries No Log Entries Regular Committees 0 CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appoint Director of Recreational Programming(Exempt)(Trent)(Comm Serv) CCP #31, 5115 Mrs. Russell moved 00060 That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service 2� 1 � COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) 00061. -- Report - of Sale = - 283 - Winslow (Eli) (Strat Plan) - (Comm. No. 9, C.C.F., May 1 S, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendationif Mr. Golombek moved: That the of r fr m Mrs. Ezzer D. e s, 281 Winslow A nu ,Buffalo, N oric, in the amount of O Tho and hive Hun ed I Mars ($1,500.00 or th purchase 283 Winslow, be hereby is accepted; d That e transfe tax, recordi g fees cost of le descripti n shall e paid b the purchaser; d Tifit the Office of Strate is Planning Pe auth ized to prepay th necessary doc ents for the tr sfer of title d that/the Mayor be utho 'zed to execute thLiame, in accordance with the term of sale upon hick e offer was su mi ed. Passe . Recommended by the Committee on Community Development Chairman J� t T:1wp601JRP \COLNCIL\5 -24 -12 meetingUeport of Sale -283 Wins low,doex � Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED GZ P. Arnold -The 2012 Active Veteran's Parade (Item No. 62, C. C. P., May 15, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the above item be adopted. ADOPTED LEGISLATION (Darius G..Pridgen, Chairman) Y'� 00063 - - M Luchkevyeh, Agent, Use 149 Elmwood to Create a Sit -In Restaurant (Fill) - (Item No. 56, C.C.P., May 22, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; Mr. Pridgen moved: That pursuant to Section 511 -56C of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to M. Luchkevyeh, Agent, doing business at 149 Elmwood, to re- establish abandoned restricted use of eating and drinking place in the Elmwood Avenue Business District, to create a sit -in restaurant. Passed. T: \wp60\JW\CGUNC1L \5 -29 -12 meetingUiange in use -1498 Elmwood.docx AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO *' PRIDGEN RWERA * SCANLON * SMITH * * * Maj - 5 �* .2/3- 6' * 3/4- 7 00064 , Ordinance Amendment — Section 309 -4. Aeronautic Activities. (Res. No. 98, C.G.P., May 15, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That Section 309 -4 of the Ordinances of the City of Buffalo be amended read as follows: §309 -4. Aeronautic activities. A. No person shall make an ascent from any park or park approach in any balloons, aeroplane or other airship nor land therein from any balloons, airship or parachute. B. The director. of parks is authorized to allow the operation of up to three tethered hot air balloon rides at LaSalle Park on Saturday, June 23, 2012 and Sunday, June 24, 2012, subject to such terms and conditions as the director shall find necessary and proper for the protection of the public, park property and the City. Passed. Recommended by the Committee on Legislation TA p6allWCOUNCIW -29 -12 meeiinUNOrdinancc Amcndmem- Aeronautic actwifi -d— Chairperson AYE NO * FONTANA FRANCZYK * Mai 5 2/3- 6 3/4- 7 GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON * SMITH * * * * * * * Landmark Designation — Buffalo Terminal House— 2280 Niagara Street (Item No. 4, C.C.P., May 1, 2012) That after the public hearing held before the Committee on Legislation on May 22, 2012, the Buffalo Terminal House be designated as a local historical landmark. Passed. Recommended by the Committee on Legislation Chairman T;Iwp60U" %COVNCFU5 -29 -12 meesinggandmark -2260 Niagara.doc Mai -5 2/3- b 3/4- 7 *AYE * NO * FONTANA FRANCZYK *. * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL * SCANLON * SMITH * * * * 0006 Appoint South District Conncilmember (C.C.P. #94, April 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and. Filed. ADOPTED 0 Recommended by the Committee on Legislation 00067 R. Lucchino, Owner, Use 937 Elmwood to Erect Illum. Pole Sign in City ROW (no hrg)(Del) (C.C.P. #43, March b) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee on Legislation 19M 000G(S Used Car Dealer 2170 South Park (South)(EDPI) -� (Item No. 24, C.C.P., Apr. 3, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Hanash Riad d/bla South Buffalo Auto Sales LLC located at 2170 South Park upon the following restrictions: 1. 35 vehicle maximum for sale on lot 2. All vehicles on lot in working order 3. No storage of junk vehicles on lot Passed. Recommended by the Committee on Legislation Chairman TAwp60\JW\COUNC1LN5 -29 -12 meetinglused car dealer -2170 South Park.doex dot 6 Maj - 5 2/3- G 3/4- 7 *AYE NO * FONTANA * FRANCZYK * . GOLOMBEK * LOCURTO * PRIDGEN * RIVERA * RUSSELL * SCANLON * SMITH * * * * * * * * * S 0�/ Committee of the Whole ®006.9 J. Creahan- Application for Consideration for South District Council Seat (C.C.P. #38, May 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee o' A-, tii4.o� 10 K. Lafferty - Application for Consideration for South District Council Seat (C.C.P. #39, May 15) Mr. Fontana moved; That the above item be the same and hereby is Received and Filed. ADOPTED J Recommended by the Committee 6-� AA� wktl_ 0007 T. Sullivan- Application for Consideration for South District Council Seat (C.C.P. #40, May 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED l Recommended by the Committee 000'7`9 G Scanlon - Application for Consideration for South District Council Seat (C.C.P. #41, May 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee wi � 13 00073 C. Taylor - Application. for Consideration for South District Council Seat (C.C.P. #42, May 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED �P Recommended by the Committee e� A�, W"u_ 4 000 - F. Badaszewski- Application for Consideration for South District Council Seat (C.C.P. #43, May 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee o-F +1.A U �a, �A- V 7 J 00 I ap Message on Budget(Mayor) (C.C.P. #2, May I) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee {6f i�L W"( 1� o®o7V Common Council Meeting and Budget Hearing Schedule(CP) (C.C.P. # 17, May 1) Mr. Fontana moved: That the above item be the same and hereby is Received.and Filed. ADOPTED Recommended by the Committee .cPr A— w "�- � I 000'7 "i Schedule of Budget Workshops (CP) (C.C.P. #18, May 1) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED /� Z"�4 Recommended by the Committee u; AA� w" 00078 E. Summers - Support Matthew Fisher for South Buffalo Councilmember (C.C.P. #60, May 1) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED J IY II Recommended by the Committee of The Whole 1� 00079 L. Bain - Application for Consideration for South District Seat (C.C.P. #30, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of - V- V-3�_zLp_ 00V6 P. Burke - Application for Consideration for South District Seat (C.C.P. #31, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee ��4 9� 00081 M. Fisher - Application for Consideration for South District Seat (C.C.P. 932, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee o+ , VV& kOW 3 �' I D--- 00 J. Morales - Application for Consideration for South District Seat (C.C.P. 433, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED 17 r Recommended by the Committee o-r - kA , & w�k a� 00083 J. Panek - Application for Consideration for South District Seat (C.C.P. #34, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee &V V 3�� AJ Verel- Application for Consideration for South District Seat (C.C.P. #35, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received. and Filed. ADOPTED Recommended by the Committee cc� ww,ls- J \� 00085 T. Whalen - Application for Consideration for South District Seat (C.C.P. 436, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee a�- _k.111 "k 0008 B. Vivian - Application for Consideration for South District Seat (C.C.P. #37, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee coA- w "\.L V`� I 0008.' I Gartler III - Application for Consideration for South District Seat (C.C.P. #38, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee o� -Id� ,�3�n� � 103 00088 W. Mack - Application for Consideration for South District Seat (C.C.P. 939, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED 1 � Recommended by the Committee o-F 000.90 Various Letters of Recommendation for Linda Bain S. Council District Seat (C.C.P. #40, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee dr� 4 V L03 2 �1 31 0009 K. Linder -A. Perry-2012 Capital Budget & Bond Sale Recommendation (C.C.P. #45, Nov 29) (#39,10/18) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole 3;�' 000 B. Bollman - Application for Consideration for South District Seat (C.C.P. #36, April 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee v�- "�, '-AwL�L 6 0009` Request Additional Information to Submit Report on 2012 Recommended Capital Improvement Budget(Compt) (C.C.P. #4, Nov 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED 1�7 Recommended by the Committee of The Whole 9U �n 00093 J. Mascia - Police Report -June 2011 Interim Report (C.C.P. 977, Sept 6) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED Recommended by the Committee of The Whole - b r � l RESOLUTIONS May 29, 2012 0000 ,11 By: Mr. Fontana No. Appointment Marriage Officer Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer. Christopher P. Scanlon . ADOPTED. 0 0 �Icxa Richard A. Fontana Lovejoy District Councilmember Council President !'� 5� RESOLUTION Sponsor: Richard A. Fontana Re: Common Council Intent to Serve as Lead Agency under SEAR for the Buffalo Consolidated Development Framework (BCDF) WHEREAS; The City of Buffalo, led by the Office of Strategic Planning, is currently in the process of developing several new planning/zoning documents that will ensure that new development in our City is guided by modern planning/zoning principles; and WHEREAS, Pursuant to these efforts, a Full Environmental Assessment Form (EAF) has been drafted for a new Buffalo Consolidated Development Framework (BCDF); and WHEREAS, The BCDF consists of the following planning initiatives: • A Unified Development Ordinance (UDO), which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; • A Local Waterfront Revitalization Plan (LWRP), which will guide development along the City's coastal areas; • Revisions to Urban Renewal Areas, to better encourage development in these areas; and • Planning and zoning for the City's South Buffalo, Buffalo River. Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas (BOAS) including the River Bend Master Plan; and. WHEREAS, The Common Council will need to approve or adopt all of the aforementioned documents and plans and so, under State Environmental Quality Review Act (SEQR) guidelines, the Common Council is the presumptive Lead Agency for these actions. BE IT RESOLVED, That the Common Council does hereby declare its intent to assume Lead Agency status under SEQR for the Buffalo Consolidated Development Framework (BCDF), which consists of the following planning initiatives: • A Unified Development Ordinance (UDO), which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; • A Local Waterfront Revitalization Plan (LWRP) which will guide development along the City's coastal areas; • Revisions to Urban Renewal Areas, to better encourage development in these areas; and • Planning and zoning for the City's South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas (BOAS) including the River Bend Master Plan; and BE IT FURTHER RESOLVED, That the Council's Legislative Staff is directed to work with the City's Department of Law and Office of Strategic Planning to facilitate notification of the proper parties under SEQR of the Common Council's intent to assume Lead Agency; and BE IT FINALLY RESOLVED, That a copy of this resolution be immediately forwarded to Brendan Mehaffy and Nadine Marrero of the City's Office of Strategic Planning, and Timothy Ball and Alan Gerstman of the City's Law Department. Richard A. Fontana Common Council President Lovejoy District Council Member ADOPT RESOLVES REFERR THE REAMINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT =, 00000 3 B Richard A. Fontana City of Buffalo Local Law No. (2012) Introductory No. (2012) A LOCAL LAW amending the Article 20 of the Charter of the City of Buffalo instituting annual four -year financial plans and establish_ ing appropriate fund balance policies. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 20 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: ARTICLE 20 BUDGETING § 20 -3. Mayor's Budget. A. On or before the first day of May each year, the mayor shall submit to the council a. budget containing a complete plan of proposed expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary: (a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately stating the estimates of expenditures necessary for school purposes and for. all other purposes and stating in total the amount necessary to' accomplish every separate function of each administrative unit or other purpose. (b) . Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also under the revenue proposals, if any, contained in the budget, and shall allocate separately the estimates of receipts to be credited for school purposes and for all other purposes. (c) The expenditures. and receipts of the city during the Iast completed fiscal year. (d) Estimates of the expenditures and receipts of the city during the current fiscal year. (e) The balanced statements of the condition of the treasury at the. end of the last completed fiscal year and the estimated condition of the treasury at the end of the current fiscal year. (f) All essential facts regarding the bonded and other indebtedness of the city. (g) Such other financial statements and data as in the mayor's judgment are necessary or desirable in. order to make known in all practicable detail the financial condition of the city. (h) Any recommendations of the mayor. to the council with respect to new sources of revenues. (i) For each separate function of each administrative unit or other purpose: i an outline of the administrative organization for the performance of the function; ii a summary of the expenditures, estimated fringe benefits and other unallocated indirect costs, and net cost or gain to the city of such function during the last two completed fiscal years, as estimated for the current fiscal year, and as budgeted for the ensuing fiscal year; iii a summary explanation of any major changes in revenues or expenditures and any non - recurring revenue or expenditure; iv a. summary of the objectives of such function during the ensuing fiscal year, the services to. be provided to the residents or government of the city, and to the extent reasonably practicable the number of units and the unit cost of each such service. (�} A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year. B. Four -Year Financial Plan. In su port of the Ma or's budget and to assist the Common Council in its review as provided pursuant to this article commencing with the City's 2013 -2014 Fiscal Year and continuing in each subsequent fiscal year, the Mayor shall prepare and submit to the Common Council a four- y ear financial plan. The financial plan shall contain actions sufficient to ensure with res ect to the mayor operating funds for each fiscal year of the plan that_ annual aggregate _ operating expenses for such fiscal year shall not exceed annual a g eg gate operating revenues for such fiscal e�The details of such ,flan shall be as fixrther described in section 20 -32 of this article. § 20-6. Budget Message. The mayor shall submit to the council with the proposed budget a budget message which shall: (a) describe the important features of the current budget with reference both to proposed expenditures and anticipated income and a general summary showing the current and capital requirements for the fiscal year, with supporting schedules; (b) exhibit the aggregate figures of the current budget in such manner as to show a balanced relation between the total proposed expenditures and the total anticipated income for the fiscal year covered by it; (c) compare these figures with the corresponding figures of the last completed fiscal year and the year in.progress; and (d) outline a fiscal policy for the city and describe its relationship to the objectives of the mayor's annual management plan and report= [and]the four -year strategic plan. and the four -year financial plan The message shall contain such comments with respect to the capital plan and budget as the mayor may deem advisable, including the probable effect thereof for each of the years involved. The city clerk shall promptly publish the budget message in the city record and distribute a summary to the news media. s § 20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget and the four -year financial plan the mayor submits to the council. The Comptroller shall opine on the sufficiency of the financial _plan and whether it contains sufficient data to support the outcomes„proiected § 20 -17. Budget Monitoring. The director of the budget shall submit to the mayor and. the council within 45 days of the close. of the first, second and third fiscal. quarters of the city's fiscal .year a report: (a) summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget; �6 projecting, based on generally accepted accounting principles any material revenue and expenditure trends or other factors that the director reasonably believes may influence the city's finances, probable fiscal year -end results as compared to the budget; and (c) projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems appropriate to consider; (d) updating _quarterly. cash . flow projections of receipts and disbursements which compare actual receipts and disbursements with the estimates contained in the cash flow projections_ together with variances and their explanation. Prior to submitting the report to the mayor and the council, the director shall submit a draft report to the comptroller for review and comment. If in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a statement describing such issue. All guarterly reports ,shall be accompanied by recommendations_ from the mayor to the council setting forth any remedial action necessary to resolve any unfavorable budget variances including _the overestimation of . revenues and the underestimation of appropriations. § 20 -17.1. Fund Balance FVic . [La Unreserved Fund Balance. Beginning in Fiscal Year 2007 -08, the] The City of Buffalo shall set aside an amount of general fund [unreserved fund] balance (committed fund balance, commonly known as "Rainy Day funds) equal to no less than 30 days of prior year expenditures pursuant to a fund balance policy. Said policy shall be approved by the Mayor and Comptroller subject to a majority vote of the Common Council, and approved as to form by the Corporation Counsel. These "Rainy Day" funds Shall be used for extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources. It shall be the Comptroller's responsibility to submit to the Mayor and the Y_ >:_ Common Council the annual calculation that determines the amount to be placed in these funds. If during the fiscal year the 'City has non-recurring extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources, the City may utilize the "Rainy Day" funds provided there is a zero balance in unassigned_ _fund balance in compliance with procedures described in Section 20 -11. If the `Rainy Day" funds fall below the established threshold, the City shall appropriate funds in the. next and subsequent three years operating budgets such that the "Rainy Day',' funds shall be replenished to its threshold with in a four- ear eriod. [ 2l Reserved Fund Balance. Beginning in Fiscal Year 2007 -2008, the City of Buffalo shall set aside a reserve of general fund balance in an amount of up to 15 days of prior year general fund expenditures, or as otherwise authorized by law. The reserve shall be for purposes allowed for in General Municipal Law, Section 6 -c. . It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these funds.] 2ii 0 -32_ Budget and Financial Plan. A. Pursuant to the procedures contained in this section, each year the mayor shall develop, and from time to time modify, a four - year financial plan far all mayor o perating funds of the City where as the first year of the financial plan will be the proposed-budget as submitted on or before the first day of May each year. Each such financial plan financial plan modification shall comply with the requirements of subdivision 2 of this section and shall conform to the following standards` (1) For each fiscal year the city's budgets for all mayor operating funds covering �penditure_s shall be prepared and balanced so that the results thereof would not show a deficit when reported in accordance with generally accepted accounting principles and would permit comparison of the budget with the report of actual financial results prepared in .accordance with . generally accepted accounting principles. For this purpose unassigggh fund balance existing at the end of the .prior fiscal year can be used' as a resource and shall not be considered a deficit _under eg nerallyr accepted accounting principles - when calculating the deficit. Fund balance_ m' excess of the unassi ed amount from the most recently completed audited financials may not be used as a resource in the four-year pl ap. (2) The financial plan shall include (a) information related to Projected employment levels, collective bargaining agreements and other actions related to employee costs, and such other (c) information related all revenue estimates and an explanation of any significant deviations from prior year actual results (for this purpose, a si gnificant significant deviation is defined as an amount exceeding one percent (1 %) of total revenues of the general fund as reported in the most recently completed audited financials) (d) adequate reserves to maintain essential services in the event revenues have been overestimated or expenditures underestimated for any period: and (e) ade uate cash resources to meet its obligations. 3� 53 I 3 The plan should include one ear of cash flow ro`ectians of recei is and disbursements. 4 The city shall issue no obli tions which shall be inconsistent with the financial plan re aced in accordance with this section. S Provision shall be made for the g a yment in fall of the scheduled debt service on all bonds and notes of the cit due in the a licable fiscal years of the four-year Plan. G All ro'ections of revenues and ex enditures contained in the financial fan shall be based on reasonable and a ro riate ass um bons and methods of estimation.,. All cash flow vroiegfi2m shall be based a on reasonable and a ro riate assum Lions as to sources and uses of cash ( including but not limited to the timing thereo fi, and shall rovide for operations of the dty to be conducted within the cash resources so pLojected. 7 . The amount of cash on hand at the begWging beginning of M fiscal year shall be estimated in accordance with ara a h six of this - subdivislo but in no event shall it be less than two times the average Mpthly cash disbursements of the last com feted fiscal year. for the go a7 ent of an deficit incurred by the cit dorm the reeedin fiscal ear. if such deficit is in excess of two 2% of the rior year real tax le a re lenishment fan covering the four vears of the lan ma be im lemeritecl if . a eed u on b I the mayor comptroller and Dresiden t of-the common council. B. Natwithstandin ML inconsisten rovision of this charter in the event of an Chan g in ever My acre Led accountin rimi les or than a in the a lication of Mprally acce ted accountin rind Les : to the ci if the mayor in consultation with the com troller determines that immediate cam fiance with such than a will have a material effect on the citys budget over - - — . �L_ _. T_+ a e i%etn ,tint ndvarce impact on the a ro riate sub'ect to the approval of the com tF "— C. The owers duties and obh ations set forth in thus section Shall be sub'ect to the owers duties and obli ations Placed Egon the Cit y ban . state or local officer or aggncL including but not limited to the Buffalo fiscal stabili authorit act .while such act remains in effect. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. t „ ell .. REFERR T T GMMI ■ TEE ® L 0009'77 �? No. By: Mr. Fontana Council. Member Smith Excused From Council Meeting RESOLVED: That Council Member Demone A. Smith, be and hereby is excused from attendance at the Common Council Meeting of May 29, 2012. Richard A. Fo tana ADOPTED. P1 �:. 0009 RESOLUTION Sponsor: Mr. Fontana Re: Council Member Russell Excused from Meeting Be It Resolved: That Council Member Bonnie E. Russell, be and hereby is excused from attendance at the Common Council Meeting of Tuesday, May 29, 2012. Richard A. Fontana :r �: 5 qd 0�� 00099 9 -)' RESOLUTION Sponsors: Councilmember Francyzk Re: Permission to Hang Pride Flags on Allen Street in Celebration of Annual Pride Festival WHEREAS: The City of Buffalo is home to many diverse communities, including members of the lesbian, gay, bisexual, and transgender ( "LGBT ") community; and WHEREAS: The Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not- for - profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and WHEREAS, Each June Western New York and .the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities; and WHEREAS, In 2012, for the third year in a row, PCWNY is organizing Buffalo's Annual Pride Festival and Parade and Dyke March; and WHEREAS, Each year this celebration is marked by the installation of traditional rainbow pride flags along Elmwood Avenue; and WHEREAS, This year the Pride Center would also like to hang pride banners on AIlen Street between Main and Delaware for the Dyke March Celebration and through June Pride Month; and, WHEREAS, PCWNY is familiar with the banner requirements and will purchase the necessary bond before the flags are installed; NOW, THERFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby grant permission.to the Pride Center of Western New York to hang flags on light poles along Allen Street between Main Street and Delaware Ave from May 28' through June 28' and NOW, THEREFORE, BE IT FINALLY RESOLVED: That the flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in City Charter and Code §387 -15 or other pertinent sections thereof. DAVID A. F NCYZK _ Fillmore District Councilmember n ,A, gs6� AYE NO * FONTANA * FRANCZYK * GOLOMBEK LOCURTO * PRIDGEN * RIVERA * { IIS * * * * SCANLON * SNIITH Maj - 5 2/3- 6 3/4- 7 00.00 RESOLUTION By: Joseph Golombek North. District Council Member Re: Discharge the Community Development Committee from consideration of the following item: "Downtown Special Vending District Amendment Reques(EDPI)" (No3q May 5 } WHEREAS, The above item are currently in the Community Development Committee; and WHEREAS, It is no longer necessary for these items to be considered by that committee. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo does hereby discharge the Community DevelopmentCommittee from further consideration of the item: "Downtown Special Vending District Amendment Reques(EDPI)" (No.;Q May '.15 ) and said item is now before the Common Council for its consideration. Joseph Golombek . North District Council Member ADOPT DISCHARGE APPROVE PASSED AYES "NOES • ;k AYE NO * FONTANA * FRANCZYK * GOLOMBEK * LOCURTO * PRIDGEN RIVERA * RUSSELL * SCANLON SMITH * Maj - S 213- 6 *` 314- 7 ®0101 By: Mr. Golombek SUBJECT: Trailblazing Sign Request for David M. Spinda Whereas: David M. Spinda, a lifelong Buffalo resident, was born on August 13, 1941; and Whereas: David graduated from Seneca Vocational High School in 1960 and continued his education by attending classes at Buffalo State College; and Whereas: David met, fell in love with and married Donna Bielicki, with whom he had three children: David Jr., Darlene and Derrick; and Whereas: David answered his country's call by serving in the United States Air Force during the Vietnam War with the 107` Air Police Squadron, where he achieved the rank of Sergeant; and Whereas: David was employed by General Motors- Saginaw Division as an electrician, a job that he would retire from 35 years later; and Whereas: David was most well known for his community service, serving as a member of many local civic organizations and as the City of Buffalo Housing Court liaison for the North District; and Whereas: A trailblazing sign is an appropriate honor for David Spinda, whose tireless work ethic and dedication to family, community and country serves as an example for the community to follow. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of the trailblazing sign at the intersection of Belmont and Roesch Avenues, proclaiming this portion of Belmont Avenue as "David M. Spinda Way" and; Be it Finally Resolved: That the department of Public Works is directed to erect a sign to this effect, once all fees associated with the posting of a trailblazing sign have been satisfied.. PASSED. � 7 ,.fs Joseph Golombek Jr. P �) IN * AYE.* NO * FONTANA * FRANCZYK * GOLOMBEK LOCURTO PRIDGEN * RIVERA RUSSELL * SCANLON C SMITH * * * Maj - S * nn 213 w 6 3/4- 7 00.0` Resolution Sponsors: Councilmember LoCurto, Councilmember Rivera, and Councilmember Franczyk RE: Pride Month in the City of Buffalo Whereas, Lesbian, Gay, Bisexual and Transgender (LGBT) Buffalonians are commemorating their community's rich history of courage, spirit, achievement and activism by organizing the annual LGBT Pride Parade, Festival and Dyke March, celebrating 2012 under the theme of "transformation; "and, Whereas, the LGBT community has certainly experienced an exceptional year of transformation, especially through legislation with the historic passage of Marriage Equality in New York State and the repeal of the "Don't Ask, Don't Tell" policy in the United States Military; and, Whereas, this year's events will foster pride in and respect for the LGBT community of Buffalo in the month of June, featuring a community celebration, parade, festival, and cultural programs, which promise to be the biggest and brightest celebrations to date, topping the more than. 10,000 people that attended the festival held at Canal side on Buffalo's burgeoning waterfront last year; and, Whereas, these celebrations would not be possible if not for the extraordinary work done every day by the Pride Center of Western New York, a local not - for -profit that uses innovative programming, activism and support to make our community a safe and healthy place for LGBT individuals to live, work, and establish a family; and, Whereas, in 2010, the Pride Center. secured funding to become the organizers of Buffalo's annual pride festivities, successfully expanding the celebration as well as the awareness of contributions made by LGBT Western New Yorkers everyday; and, Whereas, LGBT individuals have made valuable contributions to our community in areas that include business and commerce, arts and culture, the military, community volunteerism and leadership, religion, medicine, law, environmental protection, athletics, civil rights, and education, and they continue to lead the larger community in addressing and remedying the.many problems posed by issues such as the HIV /AIDS pandemic, bullying and hate crimes, and discrimination; Now, Therefore, Be it Resolved That, The City of Buffalo Common Council does hereby recognize the many civic contributions of the LGBT community in the City of Buffalo and of the Pride Center of Western New York, and encourages all people to share in the pride of our City's diverse citizenry by participating in activities throughout the month of June, including the Pride Flag Raising in Niagara Square on June 1 and of course, the 3 Annual Buffalo Pride Parade, Festival, and Dyke March on June 2 nd and 3` and, Be it Further Resolved That, June 2012, be and is herby proclaimed to be, "LESBIAN, GAY, BISEXUALS AN➢ T SGE ER PRIDE MONTH" in the Ci of Buffalo. MICHAE . LOCl1RT0 DAVID A. RIVERA Delaware District Councilmember r Niagara District Councilmember 7 ��� DAWID� `, FICA' CZY 0 P Fillmore District Councilmerriber-� -, ti 00.03 Resolution Sponsor: Michael J. LoCurto, RE: Waiving of Fees For City Stage For Italian Heritage Festival Whereas: The Italian Heritage Festival will take place from July 12 -15 2012; and Whereas: The Italian Festival is organized by three non- profit organizations: The Hertel -North Buffalo Business Association, the Forth Buffalo Community Center, and the West Side Taxpayers' Association; and 4� &" Whereas: Proceeds from the Italian Heritage Festival are utilized by these three non - profit organizations to give back to the community through programming and civic activities; and Whereas: In an effort to provide more programmatic and entertainment options, the Italian Heritage Festival is seeking use of the'city -owned stage; and Whereas: The Italian Heritage Festival already pays numerous fees to the city associated with the organization and running of the festival, in addition to other costs associated with clean- up, security guards, and other expenses; NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo Common Council hereby waive all fees associated with the use of the city -owned stage e MICHAEL JJ10CURTO Delaware District Councilmember �n5s, JC �0 Mai -5 2/3- 6 3/4- 7 *AYE *NO * FONTANA FRANCZYK * GOLOMBEK * LOCURTO PRIDGEN * Rlwl[u * * * SCANLON * SMITH * * * 0010 Resolution . Sponsor: - Michael J. LoCurto RE: Waiving the Permit Fees for YMCA's Fitness in the Parks Program Whereas, the YMCA of Buffalo- Niagara will be organizing a "Fitness in the Parks" Program in Delaware Park from June 25 through August 29th; and, Whereas, certified fitness instructors will provide free fitness classes, such as Zumba, Pilates, and Yoga at the Amherst - Colvin green space; and, Whereas, this program will allow a large number of people to participate in a healthy, active lifestyle, providing an important service especially to those residents who could normally not afford to participate in these often expensive classes; and, Now, Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park from June 25 through August 29th. MICHAEL J. LoCU RTO Delaware District Councilmember pp r � nJ r *AYE *NO* * FONTANA * '" * FRANCZYK * . * GOLOMBEK * LOCURTO * PRIDGEN * RIVER A * RUSSELL SCANLON * SMITH Maj - 5 * * [0 213= 6 * l* 3/4- 7 00105 RESOLUTION By: Darius G. Pridgen, Ellicott District Council Member RE: Resident Parking Permits. Whereas. The Buffalo Niagara Medical Campus consists of more than nine major institutions and more than 40 public and private companies working together to increase the quality of life of their patients as well as society; and Whereas: The Buffalo Niagara Medical Campus {BNMC} has currently invested 750 million dollars into the development of 120 acres of premier medical care; and Whereas: The BNMC currently employs 12,000 people with the projected growth in the next five years to 17,000 employees; and Whereas: The adjacent Fruit Belt neighborhood is one of the City's oldest neighborhoods, developed in the decades before the Civil War, and maintaining street patterns and building densities of the first half of the nineteenth century; and Whereas: The Fruit Belt neighbors have experienced a great increase of BNMC employees and visitors who have sought out free parking on the Fruit Belt's residential streets; and Whereas: The residents of the Fruit Belt neighborhood have submitted numerous complaints of not being able to unload groceries and children close to their homes due to on street parking constantly being taken by BNMC employees and visitors; Now, Therefore, Be It Resolved: That the Department of Parking is requested to initiate such parking studies as necessary to establish the need to create a system of neighborhood parking permits for residential neighborhoods adjacent to the Buffalo Niagara Medical Campus; and be it further Resolved: That it is the intention of this Council to pursue State Legislation authorizing a system of neighborhood parking permits in residential neighborhoods. adjacent to the Buffalo Niagara Medical Campus as justified by such studies; and be it finally Resolved: That the City Clerk forward copies of this Resolution to the Commissioner of Parking and the Corporation Counsel. r� Darius G. Pridg Ellicott District Council Member ADOPT FINAL RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION 7� oo1or) RESOLUTION By: Darius G. Pridgen, Ellicott District Council Member RE: Permission to Hang Banners for the Annual Hellenic Festival WHEREAS: On June 1.0, 2012, Blessed Sacrament Church will kick off a yearlong series of events to celebrate the 125 anniversary of the founding church; and WHEREAS: The General Chair, Michael P. Pitek 111 from the Blessed Sacrament Church has requested permission to install 4 vertical banners on the 4 street lights closest to Blessed Sacrament Church, 1035 Delaware Avenue; and WHEREAS: The size will be no larger than 2 feet wide by 6 feet long and will be erected to comply with DPW regulations; and WHEREAS: Blessed Sacrament Church is aware of the insurance requirements and is able to comply with them. Now, Therefore Be It Resolved; That the Common Council does hereby grant permission to the Blessed Sacrament Church to hang 4 vertical banners on the 4 street lights closest to the church, located at 1035 Delaware Ave.. Darius G. Pridgen Ellicott District Council Member PASSED PA-s5 r?� Banner: 2' x 6' , 125th Anniversary Blessed Sacrament Church 1887 -2012 Banner: 2' x 6' Banner: 2 5' 125t y �gz5`h A n niversar y Blessed BCessed" Sacrament. church Sacrament Church 1887 -2012 Banner: 2' x 4' C ' i I 4r. 0 4 125th Anniversary Blessed Sacrament Church 1887 -ZOi2 AYE NO FONTANA FRANCZYK * GOLOMBEK * LOCURTO PRIDGEN * RNERA * * SCANLON SMITH * * * Maj - 5 213 -G * *�* 3/4- 7 00107 RESOLUTION Sponsor: Mr. Scanlon Re: Appoint Legislative Aide Whereas: Matthew Fisher is a longtime resident of South Buffalo, residing at 111 Eden Street, Buffalo, New York, 14220; and Whereas: Matthew has previous experience working in the South District Council office; Now, Therefore be it Resolved That: Matthew Fisher is hereby appointed as a Legislative Aide to the South District Council Office. 91 . �� ter. 1 11 6 �. }in 00108 /I 3 =' RESOLUTION By: Mr. Smith Re: Fair Employment Screening Ordinance Whereas: In 2008, 735,000 people were released from state and federal prisons nationally, an average of more than 2,000 individuals per day; more than 4 times that were released from prison 25 years ago; and Whereas: In a recent study of those recently released, two thirds were rearrested within.3 years of release and 52 % were reincarcerated; and Whereas: The financial costs of our corrections policies are staggering. In 2008, federal, state, and local governments spent about $75 billion on corrections, the large majority of which was spent on incarceration; and Whereas: Erie County currently has over 1,749 individuals who are currently supervised by New York State Parole, over 4,874 individuals supervised by Erie County Probation Department, and 700 supervised by United States Probation & Pretrial Services; and Whereas: Over the last 10 years the number of parolees returning home to Erie County has increased 57 %. Many of these parolees have multiple interactions with the criminal justice system after their release; with nearly 2/3's cycling back through jail and/or prison within three years of release. This phenomenon can adversely affect public safety, drive up public spending on incarceration, and tear families and communities .apart. Further, the high costs of incarceration present a zero -sum budget game: every dollar that state and local governments spend on detaining repeat offenders is money not spent on other priorities like education, economic development and tax relief; and Whereas: According to statistics from the New York State Division of Criminal Justice Services, of over 1,000 parolees returning to Buffalo each year only 37% have any employment and only 6.6% are working full -time jobs above minimum wage; and Whereas: Studies have revealed that there is a direct correlation between high unemployment rates and high recidivism rates for those who possess a criminal conviction; and Whereas: The "Ban the Box" movement is a national movement to increase employment opportunities for those with prior criminal convictions, by removing questions regarding prior criminal history from employment applications; and 6h. Whereas: Many urban areas in the United States have passed laws to improve employment opportunities and remove barriers for those who possess a criminal conviction, including Atlantic City,'Austin, Baltimore, Boston, Chicago, Cincinnati, Cleveland; Detroit, and New York; . Therefore Be It Resolved: That the Common Council supports policies that limit the discrimination against people with criminal records and encourages employers to give all applicants a full and fair opportunity for employment; and Therefore Be It Resolved: That copies of this resolution be sent to the Corporation Counsel, the Department of Human Resources, the Commission on Citizens Rights, the Center for Employment Opportunities and Erie County Reentry Taskforce for their comments; and Therefore Be It Resolved: That an Ordinance Amendment be made to the City of Buffalo Charter Chapter 154, to include Article V. Fair Employment Screening Ordinance using the attached language; § 154 -25 Fair Employment Screening Ordinance, Legislative Intent The City of Buffalo, including City of Buffalo vendors, and employers located within the City of Buffalo limits shall not ask questions regarding to or pertaining to an applicant's prior criminal conviction on preliminary employment applications. Consideration of the candidate's prior criminal convictions shall take place after the application is submitted and to begin during the first initial interview, or thereafter. § 154 -26 Definitions (1.) "Applicant' any person considered_ or who requests to be considered for employment by an employer. (2.) "City" means the City of Buffalo, or any department, agency, or office thereof. (3.) "Conviction" shall mean any sentence arising from a verdict or plea of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation, an unconditional discharge, or diversion program. (4.) "Employment" means an occupation, vocation, job, work for pay or employment, including . temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. `Employment" shall not, for the purposes of this Chapter, include membership in any law enforcement agency. (5.) "Employer" means any person, company, corporation, labor organization, not - for - profit, or association. (6.) "Interview" means any direct contact by the employer with the applicant whether in person or by telephone, to discuss the employment being sought or the applicants' qualifications. (7.) "Vendor" means any vendor, licensed contractor, or supplier of goods and /or services to the City of Buffalo, including vendor's located outside the City of Buffalo limits. § 154 -27 Fair Employment Screening Standards (1.) It shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has accepted an employment application. (2.) It shall further be an unlawful discriminatory practice fora City agency or private employer to make any inquiry regarding, or to require any person to disclose or reveal any criminal convictions against such person before the first interview. If an employer does not conduct an interview, that employer must inform the applicant of a background check that will be completed before employment is to begin. (3.) Agencies hiring for certain positions requiring licensure, including positions such as interns and apprentices for such licensed positions (e.g. prospective attorneys), may ask applicants the same questions asked by the licensing body, in accordance with New York state law. (4) Agencies hiring for positions where certain convictions or violations are a bar to employment in that position under the law, shall not be constrained from asking questions about those convictions or violations. (5). Agencies shall comply with Article 23-A of the New York State Correction Law when considering an applicant's prior criminal convictions in determining their suitability for employment. In accordance with Article 23 -A, nothing in this Order shall be construed to limit an Agency's authority to withdraw conditional offers of employment for any lawful reason, including the determination that the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or their hiring would pose an unreasonable risk to property or to the safety of individuals or the general public. § 154 -28 Exemptions (1.) The prohibitions of this Chapter shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized by any other applicable law. (2.) The prohibitions of this Chapter shall not apply to the following law. enforcement agencies: the City of Buffalo Police Department and the City of Buffalo Fire Department, Any other Agency hiring for "police officer" and "peace officer" positions, as defined by NYS CPL § 1.20 and NYS CPL § 2. 10, may ask about any criminal records of applicants for such positions on pre - employment job applications and in initial interviews. (3.) Any governmental agency, public or private service provider that provides a direct service specific to the care or supervision of children, young adults, and senior citizens may ask about any criminal records of applicants on. pre-employmentjob applications and in initial interviews. § '154 -29. Enforcement 1. The Mayor of the City of Buffalo shall designate. the Commission on Citizens' Rights and Community Relations to receive and investigate complaints under this article. 2. The Commission on Citizens' Rights and Community Relations shall be authorized to preliminarily receive and investigate, in confidence, any and all complaints of violations of this article. Such complaints shall be made under oath, and the Commission shall have the power to hold private or public hearings on such complaints and take the testimony of persons under oath with the aid of their counsel. 3. Any person-or organization, whether or not an aggrieved party, may file with the Commission on Citizens' Rights and Community Relations a complaint alleging violation of this article within 30 days from the date of the finding. Such complaint shall be in writing on the Commission on Citizens' Rights and Community Relations Discrimination Complaint Form. 4. The Director of the Commission on Citizens' Rights and Community Relations shall notify the accused party within 30 days of the date of the filing of the complaint and request the accused party to answer the complaint in writing within 20 days after the mailing of such notice. The date of the mailing of the Director's notification shall be endorsed thereon The Commission on Citizens' Rights and Community Relations Director shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. 5. Within 120 days of the date of the filing of the complaint, the Commission shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this article and shall refer the matter to the Commission on Citizens' Rights and Community Relations Director, who shall issue his determination of dismissal, or further prosecution of the complaint within 60 days of receipt of the Commission's report and recommendation. § 154 -30. Penalties for Offenses 1. Upon certification by the Commission on Citizens' Rights and Community Relations Director that there has been an affirmative finding of probable cause of discriminatory practice, the Director may: A. Request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: (a) Revocation or suspension of any license, permit, or contract issued by the City of Buffalo necessary to the purposes of this article; and/or (c) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this article; and/or (d) Such other relief directed by a court of appropriate jurisdiction; and/or B. The Corporation Counsel may seek a contempt order from a court of appropriate jurisdiction, if necessary, to enforce a conciliation agreement or penalties imposed under this article. C. The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this article. In any such action or proceeding, the court, in its discretion, may allow for the party commencing such action or proceeding, if such party prevails;jr asonable attorney's fee as part of the costs. A. Smith R7 7n ; REFE lr .!r COMMITTEE UN LEGIsLATION. 00100 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. • Jeffrey A. Banas • Molly Costantino • Margaret M. Serafini TOTAL 3 ADOPTED w� 001 Ins'? 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: • Lyndsey M. Barnes • Shannon Bloomquist • Zachariah Patrick Braunscheidel • Nicholas J. Dhimitri • Errin E. Doyle • Derrick J. Esford • Justine Gabreski • Neal Joseph Hunter • Paula M. Licata • John A. Mackowiak Jr. • Joseph Malczewski • Peter A. Radetich • Brian D. Sarama • Robert Skrabacz TOTAL: 14 ADOPTED 0 W 00111 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, June 5, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 5, 2012 at 10:00 o'clock A.M. following. Civil Service Committee on Comm. Dev. Tuesday, June 5, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 5, 2012 at 2:00 o'clock P.M. Special Committees Committee on Claims Wednesday, June 6, 2012 at 11:00 o'clock AM (Public Disclaimer }: All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition there may be meetings set Lip whereby the Cit 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. 00112 era Adjournment S G� On a motion by Mr. Sm.itk, Seconded by , the Council adjourned at 39 GERALD CHWALINSKI CITY CLERK May 29, 2612