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HomeMy WebLinkAbout12-0417CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 17, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell & Smith - 8 Absent -None On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on April 3, 2012 were approved. _ *AYE* NO FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SMITH [-------- - - - - -] [ MAJ - b] [ 213 - 6 ] [314- 7] * * * * * * * * * * * * Q` *D * 11 VV � '41- April 17, 2012 FROM THE MAYOR April 17, 2012 City Clerk's Department BUFFALO April 19, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 1 PASSED April 17, 2012 Extend Downtown Stadium Leasing Arrangements With Buffalo Bisons Through March 31, 2013 Gerald A Chwalinski City Clerk APR 1 9 2012 V C f 00 01 TO THE COMMON COUNCIL DATE: April 10, 2012 FROM THE EXECUTIVE DEPARTMENT SUBJECT: Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2013 I am writing to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as last year's one year extension. I have attached the proposed agreement for your review and approval. On a one -time only basis, the lease extension for 2012 -13 includes an additional provision which calls for the City to reimburse the Bisons for $150,000 in utility costs. This $150,000 reimbursement is in addition to the up to $30,000 in utility costs reimbursements that the City has tentatively agreed to for 2012 -13 and as was set forth in the yearly Bisons lease extensions in each of the past four years. Consistent with the same terms and provisions as were included in recent annual stadium lease renewals with the Bisons, the City will pay for stadium property damage insurance at a premium of $40,807 and will continue to provide refuse collection (valued at approximately $38,000) and water (valued at approximately $20,000) at the stadium. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. I respectfully request that Your Honorable Body approve this one -year extension at your April 17, 2012 meeting of the Common Council. DEPARTMENT HEAD NAME: Byron W. Brown TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: t 5 FIFTH AMENDMENT:EQ STADIUM „L,EASE AGREEMENT - SUBLEASE AND SECOND SUBLEASF THIS FIFTH AMENDMENT TO STADIUM LEASE AGREEMENT, SUBLEASE AND SECOND SUBLEASE (the "FIFTH Amendments ") are made as of the3l yi day of March, 2012, by and between the CITY OF BUFFALO, a municipal corporation of the State of New York, having its principal place of business at City Hall, No. 65 Niagara Square, in the City of Buffalo, County of Erie and State of New York 14202 (the "City "), and BISON BASEBALL, INC., a Delaware corporation duly authorized to do business in the State of New York, having its principal office or place of business at 275 Washington. Street, Buffalo, New York 14203 (the "Bisons "). WITNESSETH: WHEREAS, the City and the Bisons are parties to a certain Bison Baseball, Inc. Stadium Lease Agreement, dated as of February 25, 1986, as amended by a certain Agreement, dated as of October 20, 1993 and as further amended by an Amendment to Stadium Lease Agreement dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010 and the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011 (said Bison Baseball, Inc. Stadium Lease Agreement, as so amended, being herein called the "Prime Lease "), pursuant to which Prime Lease the City is leasing to the Bisons the Downtown Stadium (as such term is defined in the Prime Lease) located on property in the City of Buffalo, County of Erie and State of New York and more particularly described in Exhibit A attached to the Prune Lease; and WHEREAS, the Bisons and the City are parties to a certain Sublease, dated as of January 1, 2003 as amended by an Amendment to Sublease dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010 and the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31 2011 (thi- with all ranitaii7Prl terms not nt11PrU7'1ZF riPfini-d in t1,i¢ Ampndlmpnf- having the meanings given to such terms in the Sublease), pursuant to which Sublease the Bisons are subleasing to the City the Stadium; and WHEREAS, the City and the Bisons are parties to a certain Second Sublease, dated as of January 1, 2003 as amended by an Amendment to the Second Sublease dated as of March 27, 2008, the Second Amendments to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 17, 2009, the Third Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of April 14, 2010 and the Fourth Amendment to Stadium Lease Agreement, Sublease and Second Sublease dated as of March 31, 2011 (the "Second Sublease ", with all capitalized terms not otherwise defined in this Amendment having the meanings given to such terms in the Second Sublease), pursuant to which Second Sublease the City is subleasing to the Bisons the Stadium; and WHEREAS, the City and the Bisons have agreed to further amend the Prime Lease, the Sublease and Second Sublease so that the terms of the Prime Lease, the Sublease and Second Sublease will be extended for an additional period of one (1) year, in the manner and upon the terms and conditions hereinafter provided; NOW, THERE FORE, in consideration of the mutual covenants contained herein.and other good valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is hereby agreed by the parties as follows: 1. These Amendments shall be construed with and as part of the Prime Lease, the Sublease and Second Sublease. 2. Notwithstanding any term, covenant or conditions contained -in -the - Prime- Lease;-the— __.. Sublease and /or Second Sublease to the contrary, the language herein shall be given full force and effect. 3. Section 3(a) of the Prime Lease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof- "The term of this Lease Agreement shall be for a period of twenty -five (25) years, commencing on the first day of April, 1988, and expiring on the 31 st day of March, 2013." 4. Effective on and after the Extended Term Commencement Date, Section 2.2 of the Sublease is hereby deleted in its entirety and the following is hereby inserted in lieu thereof- "2.2. Term. The term of this Sublease shall commence on the date hereof and shall continue through and including March 31, 2013 ( "Terra "), unless sooner terminated in accordance with the provisions hereof." 5. Effective on and after the Extended Term Commencement Date, Section. 3.2 of the Second Sublease is hereby deleted in its entirety and the following is hereby inserted in 17P.77 fberi -or. "12. Term. The term of this Second Sublease shall commence on the date hereof and shall continue through and including March 31, 2013 ( "Term "), unless sooner terminated in accordance with the provisions hereof." 6. The Utility Payment Reimbursement By City provisions in Section 4.4 of the Second Sublease shall also be extended by one (1) year. By way of clarification, it is understood and agreed that the City's obligation under this provision shall not exceed $30,000 in any one year. 7. Paragraph 8 of the Amendment to Second Sublease is amended to replace reference to August 31, 2008 with March 31, 2013. 8. Neither the Bisons nor the City are obligated to perform any capital repairs to the Stadium between the date hereof and March 31, 2013. Notwithstanding the foregoing, through March 31, 2013, the City agrees to work in good faith with the Bisons to provide minor capital and maintenance repairs to the Stadium of a nature . substantially si milar to the repairs and maintenance provided by the City from April 1, 2008 through the date of these Fifth Amendments. The parties acknowledge and agree that the Stadium is of an age where it is anticipated that material capital repairs will likely be necessary on an ongoing basis to ensure that the Stadium is fit for its intended purpose and does not pose a safety hazard to the personnel working at the Stadium or the general public attending events, games and functions at the Stadium. Examples of capital repair items of a material nature that may possibly become necessary during the Term of this Agreement are such items as are set forth in the HOK Facility Analysis report commissioned in mid -2008. The revenues at the Stadium are not sufficient to cover the expense of any such items and the City does not have the financial budget to account for such items. Consequently, recognizing that the Stadium constitutes an asset for not only the Western New York area but also New York State, the Bisons have appointed Jonathan A. Dandes and the Honorable Byron W. Brown, the Mayor of the City of Buffalo, will appoint a designated representatives on behalf of the City of Buffalo by July 1, 2012 to approach the State of New York as soon as practical with respect to funding needed for capital repair items to the extent that they occur between the date of these Amendments and Marcia 31, 2013. 9. Except as modified herein all terms and pxovisions of the Prime Lease, Sublease and Second Sublease shall remain in full force and effect. 10. This Amendment shall inure to the benefit of, and shall be binding upon, the City and the Bisons and their respective successors and permitted assigns. 11. In addition to the foregoing (and on a one -time basis only) the City agrees to reimburse the Bisons the sum of $150,000 towards total utility costs paid by the Bisons during the 2012 -2013 lease extension year. The payment shall be made at the end of the lease year at the same time the calculations are made pursuant to paragraph 6 of these Fifth Amendments. IN WITNESS WHEREOF, the City and the Bisons have executed these Amendments as of the day and year first above written. THE CITY OF BUFFALO BY: Byron W. Brown, Mayor BISON BASEBALL, INC. BY: William E. es obe , Assistant Secretary APPROVED AS TO FORM ONLY By: John V. Heffron Assistant Corporation Counsel STATE OF NEW YORK ) COUNTY OF ERIE ) SS: CITY OF BUFFALO } On this -Y day of l" 2012, before me the undersigned, a Notary Public in and for said State, personally appeared WILLIAM E. GRIESHOBER, JR., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person on behalf of which the individual acted as Assistant Secretary of BISON BASEBALL,. INC., executed the instrument. C\A� � WLL N Public, Erie Coun4j New York My Commission expires: Jenna E. Engel N o t ary Public State of New York Qualifed in G8nesee CoUntY I d My oww 4won Et OM— STATE OF NEW YORK ) COUNTY OF ERIE CITY OF BUFFALO ) On this day of Match, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared BYRON W. BROWN, personally known to me, or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Mayor of THE CITY OF BUFFALO, the corporation described within instrument, the individual, or the person on behalf of which the individual acted, executed the instrument. Commissioner of Deeds, Buffalo, New York My Commission expires: or Notary Public, Erie County, New York My Commission expires: Cb Extend Downtown Stadium Lease Arrangements with the Buffalo Bisons (Item 1, C.C.P., April 17, 2012) Mr. Smith moved that: That the above item be, and the above communication from the Mayor, dated April 10, 2012, be received and filed; and That the Common Council approve a one -year extension of the City of Buffalo's lease arrangements with the Buffalo Bisons under revised terms. Passed. TAwp601,WNCOUNCIL\4 -17 -12 meeting\Bisons -lease extension.docx * AYE * NO FONTANA * LOC(TR.TD pjvE" RUSSELL * SETH * * * I FROM THE MAYOR - EXECUTIVE DEPARTMENT April 17, 2012 FROM THE OFFICE OF CITIZEN SERVICES 00 02 COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 2, 2012 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- March 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of March 2012, as mandated by Section G- 20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED Department Head Name: Oswaldo Mestre Jr. Title: Signature of Department Head: Director. Citizen SeKi MA / Y City of Buffalo Citizen Services 218 City Hall Calls Between 31912012 and 313912092 Anti - Graffiti Program 12 Assessment Issue 1 BMHA 4 Beard of Education 1 BPD Quality of Life Issue 62 Buffalo Police Department 139 Citizens' Information 10 City Clerk Issue 4 City Parks 20 CityClerk Dog License 6 DPIS Rental Registration 4 EDPIS 954 Fire Hydrant 9 Graffiti PW Traffic 2 HR Comp and Benefits 1 Illegal Dumping OSP RealEstate 5 Illegal Dumping PW 7 Illegal Dumping PW 7 Inrem Real Estate 31 Law Claims 30 NationalGrid Streetlights 213 Neighborhood CleanUp 6 Olmsted Parks 5 OSP Other Issue 3 Pest 70 Post Event 1 PVB Abandoned Vehicle 11 PVB Meter Issue 88 PVB Parking Issue 81 PVB Personnel Issue 9 PW Adj Violations 43 PW Animals 102 PW Bridge Issue 2 PW Buildings Maintenance 1 PW Bulk Trash 8 PW Cave In 22 PW City Forester 43 PW Curbs 17 PW Damage from Snow Removal 1 PW Damage from Sts /San Dept 8 PW Damaged Street Light Pole 11 PW Dead Animal Removal 33 PW Eng Personnel 4 PW Excess Trash 4 1 6 218 City Hall Calls Between 31912012 and 213112092 PW Forestry SubContractor 162 PW Garbage Missed Pickup 105 PW Leaves 1 Lawn Debris 14 PW Missed 2 Piece Trash 29 PW Other Hole in Road 6 PW Pavement Markings Lane Lines 1 PW Paving 33 PW Plowing Issue 1 PW Pools_Splashpads 1 PW Pot Hole 170 PW Recycling Missed Pickup 477 PW Recycling Personnel Issue 10 PW Recycling Tote Escalated Question 98 PW Recycling Tote Replace 42 PW Recycling Totes Deliver 432 PW Right of Way Issue 7 PW Rodents 121 PW Sanitation Personnel 28 PW Sidewalks 102 PW Sign Hazards 24 PW Sign Maintenance 43 PW Signal Other Issue 35 PW Signal Timing Issue City 6 PW Streets Personnel 5 PW Sweeper 35 PW Tote Waiver 5 PW Totes 817 PW Totes Audit 65 PW User Fee 4 PW Vacant Lot 54 Quick Response Teams 46 Save Our Streets 35 Sewer 46 Taxation issue 6 Water 23 Water_Billing_Meter 2 FROM THE CITY PLANNING BOARD April 17, 2012 City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 3 PASSED April 17, 2012 Plan Bd -SEQR Negative Declaration 540 Colvin (Del) Gerald A Chwalinski City Clerk �r y a x APR 30012 2.. U U V Qi SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR — State Environmental Quality Review) - of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Colvin Blvd. Storage buildings Location: 540 Colvin Boulevard Type of Action: Unlisted, Uncoordinated Description: TRM Architects, Mr. Robert Dollman, on behalf of the owner of 540 Calvin Boulevard is proposing the construction of a self - storage facility to the rear of 540 Calvin Blvd. Buffalo New York. A use variance was approved by the City of Buffalo Zoning board on February 15, 21312 allowing -for the use. The construction is anticipated to begin in the spring of 2012 and be completed in late summer. The proposed project will utilize an existing undeveloped area formerly by a railroad easement. The proposed project will include two free standing metal skinned storage buildings with building A being 310'x 30' with 64compartments and building a being 230' x 30' with 48 storage compartments, Anew asphalt access driveway.from Colvin back to the buildings and new asphalt drives around the storage buildings. New fencing will be installed around the site with a sliding security gate, The owner is asking for relief regarding landscaping on the site and is asking for an approval to make a donation to the City of Buffalo Green Fund. Fifteen percent of the required landscaping has been accomplished on site with a donation of the remaining five percent being in the. form of a donation to the City of Buffalo Green fund. A new six foot fence will be provided to separate the project from the adjoining neighboring properties as well as added green space benefiting the neighboring property. It is expected that financing for,this project will be private. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will add clean up an abandoned former railroad right of way that has been unproductive for many years. 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 an the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated March 27, 2012 CC: City Clerk City of Buffalo Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection TRM Architects I SEQR — Colvin Blvd. Storage Buildings (540 Colvin) (Del) (Item. No. 3, C.C.P., Apr. 17, 2012) That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the TRM Architects construction of a self - storage facility near the rear of 540 Colvin Blvd., Buffalo, New York, in accordance with Article S of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. Approved. TAwp6OV"%COUNC1U4 -17 -12 meeting\SEQR -540 Colvin.doc C), I * AYE * NO * FON T'Ai A mcz GOLOMBEK LOCTR.TO PPJDClEN RIVERA * RUSSELL SNM - 6 $ f� 314- 7 C), I City Clerk's Department BUFFALO April 20, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution. item. No. 4 PASSED April 17, 2012 Plan ]3d-SEQR Negative Declaration 1374 Seneca St. (Lov) Gerald A Chwalinski City Clerk 00 01, SEQRA Notice of Determination 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 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Tim Horton's Restaurant Location: 1374 Seneca Street Type -of Action; Uncoordinated - Unlisted Description: Parsons 5rinckerhoff on behalf of Tim Hortons Restaurants is proposing to construct a building on the property located at 1374 Seneca Street, Buffalo New York. The project site is located on the northeast comer of the intersection of Seneca Street and Mergenhagen Street. The property is 1.63 Acres and is zoned M2, General Industrial. It is proposed to redevelop the site with a new building, drive - through facility, paved drive aisles and parking areas, utilities to service the development, site lighting poles/ fixtures, pedestrian accommodations, landscaping and a dedicated access to the adjacent tower for use by Verizon. A pylon sign is proposed for the site to be located in a landscaped area at the frontage of the property at Seneca Street and Mergenhagen 5treet. The overall cost of the project will be approximately $650,000. The construction schedule anticipates that the project will be complete in ninety days from start to finish. Tim Horton's officials have met with the council member as well as contacted the neighboring property owners by letter explaining their project. Mr. Fontana has expressed support for this project as per conversations with Tim Horton's representatives. Site access will be provided from the east side of Mergenhagen Street through one full access driveway. The full access driveway will provide entrance to the parking area, drive through lane and Verizon Cell Tower access road. Dumpster access will be provided in the rear of the proposed building from the main parking area. The exclusive drive - through lane will start at the southeast corner of the development area and continue north around the northeast corner of the site. Drive - through vehicles will proceed to the pickup window on the west side of the building and exit to the full access driveway at Mergenhagen Street. Delivery and. maintenance truck . access will be provided along Mergenhagen with a walkway leading to the rear of the building. Tile existing walkway along the east side of Mergenhagen Street will be retained with a new walkway stub leading to the front of the proposed building. Pedestrian access will be provided safely to the front of the building through a handicap accessible marked cross walk. This walkway location will be in a well -lit area with no obstruction of view between vehicles and pedestrians. New landscaping consisting of trees and deciduous shrubs will be provided around the perimeter of the site and in the internal landscaped areas. The overall property will include 56% green space. New lighting will be provided throughout the site to improve the aesthetics and security. Light will be contained within the site and not spill onto neighboring properties. The project is privately with developer hoping that he will be able to complete the addition in mid to late 2012. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination; The facts and reasons for this decision are as follows: The project will clean up a long neglected site in a very prominent location in the City of Buffalo as well as creating more employment opportunities for community residents in the . The project.will also add much needed landscaping to the site. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room go City Hall, Buffalo New York 14202 — 716 851 -5085 Dated March 27, 2012 t GC: City Clerk City of Buffalo Public Works, Parks, Streets Deparhnenf City of Buffalo Economic Development, Permits and Inspection Parsons Brinckerhoff )-V SEQR — Tim Horton's Restaurant (13 74 Seneca Street) (South) (Item No. 4, C.C.P.; Apr. 17, 2012) That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the Tim Horton's Restaurant for the construction of a building on the property located at 1374 Seneca Street Buffalo, New York, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. Approved. �� a FROM THE COMPTROLLER April 17, 2012 City Clerk's Department - BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED April 17, 2012 Interfund Cash Loan ($271,798) Gerald A Chwalinski City Clerk V :01 WV €- Avw 1101 - 00 0 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 5, 2012 FROM: DEPARTMENT: Audit & Control /Comptroller SUBJECT: [:Interfund Cash Loan G PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. C.C.P. xx /xx /xx) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $271,798.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000- General Fund TO: 3207 - Delaware Park Lake Pump and Shoreline Rehabilitation Grant Title: Niagara River -Hoyt Lake Ecosystem Conservation Demonstration Project GRANT AGENCY: New York State Department of Environmental Conservation GRANTAMOUNT: $271,798.00 LOAN AMOUNT: Maximum of $271,798.00 Estimated Date of Repayment: March 31, 2013 Signature of Departr�e egy� Cash Loan ssioner of Public Works, Parks& Streets Jan t Pe ksa,.0 missioner of Admin., FinaPolicy & Urban Aftairs SIGNATURE DEPARTMENT HEAD TITLE : Comptroller Mark . F. Schroeder a l Interfund Cash Loan (Item No. 5, C.C.P., April 5, 2012) Mr. Smith moved: That the above communication from the Comptroller dated April 5, 2012, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the 1000 - General Fund to 3207 — Delaware Park Lake Pump and Shoreline Rehabilitation in the amount of $271,798.00 for Niagara River -Hoyt Lake Ecosystem Conservation Demonstration Project. The estimated date of repayment is March 31, 2013. OR The loan will be repaid when Bond Anticipation Notes or Bonds are issued. Passed. TAwp60VRP1C0UNCiLW -17 -12 meetingVnterNnd cash loan - Delaware Park Lake,dnc �^ f SAYE *NO FONTANA * '� FFMCM LOCURTU FRIDCLN S MITH . 00 On- TO: THE COMMON COUNCIL DATE: April 10, 2012 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Inventory Audit of Laptops and Telecommunications Devices With the advancements in technology, its use in the workplace has increased exponentially over the last few years. Particularly as it relates to the public sector, its introduction has been slow at times, and fairly swift and unchecked in others. Incumbent upon government is the responsibility to contain costs and establish sufficient internal controls to protect taxpayer dollars. Adequate policies and controls are an important part of this process. This audit has been developed to examine the record - keeping and internal controls of mobile telecommunications devices and laptop computers within the City of Buffalo. "Telecommunications devices" is an all- encompassing term that includes cellphones and smart phones (Blackberrys and Droids) that may be issued to City of Buffalo employees for business use. "Laptop computers" generally refers to the traditionally understood folding screen and keyboard configuration, but can also reference tablets and other flat screen computing devices. In general, we found that there is no overall strategy as it relates to mobile electronic and telecommunications devices. The responsibilities are split between the Department of Management Information Systems ( "MIS "), the Department of Public Works, Parks & Streets (through its Division of Telecommunications, Utilities & Franchises), the Police Department and the Fire Department. The result is a mix of controls (or lack thereof) and no central accountability. We believe this is an opportunity to be seized by the incoming Chief Information Officer. Whoever is appointed to that position should follow through on our recommendation to take the management of the telecommunications function from Public Works and bring it under the auspices of MIS. The Charter already contemplates this power in some degree. More formal action by the Council would be necessary to confirm and solidify this duty. There is general agreement amongst all parties that telecommunications devices should be managed under one department. While there remain concerns over adequate manpower, the consensus is that the operation would be better under a unified command. If you have any :further questions on this matter, please feel free to contact the Department of Audit 'and Control. DEPARTMENT HEAD: Mark J. F. Schroeder REFERRED TO THE COMMITTEE TITLE: Comptroller ON FINANCE. SIGNATURE: *a4 v I CITY OF BUFFALO DEPARTMENT OF AUDIT & CONTROL INVENTORY AUDIT OF LAPTOPS and TELECOMMUNICATIONS DEVICES MARK J. F. SCHROEDER COMPTROLLER DARRYL McPHERSON CITY AUDITOR APRIL 2012 .... ... .. - -- ----- ---- --- I P a g e INTRODUCTION With the advancements in technology, its use in the workplace has increased exponentially over the last few years. Particularly as it relates to the public sector, its introduction has been slow at times, and fairly swift and unchecked in others. Incumbent upon government is the responsibility to contain costs and establish sufficient internal controls to protect taxpayer dollars. Adequate policies and controls are an important part of this process. This audit has been developed to examine the record - keeping and internal controls of mobile telecommunications devices and laptop computers within the City of Buffalo. "Telecommunications devices" is an all- encompassing term that includes cellphones and smart phones (Blackberrys and Droids) that may be issued to City of Buffalo employees for business use. "Laptop computers" generally refers to the traditionally understood folding screen and keyboard configuration, but can also reference tablets and other flat screen computing devices. The analysis that follows has been separated into two datasets: one addressing laptop computers, the other mobile telecommunications devices. AUDIT OF LAPTOP EQUIPMENT There are numerous City of Buffalo Departments utilizing laptop computers representing a significant investment in equipment. Acquisition of a laptop is based upon (a) management discretion, (b) securing of funds and (c) council approval. The City of Buffalo may choose to purchase laptops through a New York State purchase contract or through a formal bid in order to obtain lowest price. Quantity and brand are specified by the Department or Division Head. A buyer from the Division of Purchase places the order with the vendor. The buyer consults with the Management Information Systems Department (MIS) to verify hardware and software compatibility. MIS personnel place ID tags on laptops and record the purchase in a database. The City of Buffalo fixed asset policy defines "A fixed asset as any item with a value of $10,000 or more and an estimated life of at least five years ". Laptops do not meet these criteria and therefore are not treated as fixed assets. Fixed assets are recorded in the MUNIS while laptop purchases are inventoried by MIS as noted above. Audit Scope The audit verified the existence and internal control over City of Buffalo laptops in the custody of the following user groups: the Buffalo Fire Department, the Buffalo Police Department, and all other City of Buffalo administrative departments. The audit was conducted during calendar year 2011. Audit Objective The audit objective was to verify existence and custody of City of Buffalo laptops through a sample physical inventory. The audit identified the equipment through verification of 3.�_ ........... 21 Page 33 Manufacturers Serial Numbers as well as corroboration of location and custody of the equipment by the assigned individual and/or department. Inventory lists were provided by the following user groups: City of Buffalo Management Information Systems, Police Department and Fire Department. A total of 507 laptops comprised of 63 Fire Department laptops, 291 Police Department laptops and 153 City of Buffalo laptops were listed. An additional 75 laptops purchased by the City for use by Housing Inspectors are not yet in use and were not included in the inventory lists. The graph below depicts this Inventory. Number of Laptops from Inventory Lists 350 291 300 250 200 153 150 100 63 50 0 Fire Police City of Department Department Buffalo The audit will discuss each organization's inventory separately as follows. Fire Department Laptops The Fire Department maintains their organization's inventory of laptops. Nineteen laptops out of sixty -three (30 %) were sampled by auditors and all were found, which provided a 95% confidence level statistically. Auditors found the inventory list to be reliable and accurate in terms of serial numbers, location and custody. The laptop list included purchase order detail. A disposal list was requested, but not received by the auditors. Total no of Laptops Sample Size Verified Scrapped Not Verified 63 19 19 0 0 31 Page 9 �- Police Department La to s and Mobile Computer Terminals The Police Department maintains their organization's inventory of laptops. Their 291 laptops are comprised of 247 Mobile Computer Terminals known as "MCTs "' and 44 police laptops. These two types of equipment will be discussed separately. Mobile Computer Terminals The 247 Mobile Computer Terminals are divided into two groups: 204 MCTs are deployed in cars and 43 are held by the Police information technology staff. The deployed MCTs are harnessed into a mount located on the dashboard of each police car and locked into place. Seventeen percent of the Mobile Computer Terminals were verified against the list and were found to be recorded accurately in terms of serial numbers, location and custody. Internal control is safeguarded through use of a key to remove or swap out any MCT in need of repair. Keys are kept with designated personnel for heightened security. Replacement of the MCT must take place at Police Headquarters and a specific form, the "Laptop pickup /drop off receipt ", is filled in to record each transaction. The Police Department does a commendable job labeling their MCT equipment. Each MCT is etched with identifying information e.g., Buffalo Police Dept, Central Phone number, etc. The branding is done by the Fire Department Radio personnel. Police Laptops The police inventory listed 44 laptops distributed to Districts, Chiefs and administrative employees. The audit sample of police laptops revealed 82% verified, 12% scrapped, and 6% could not be verified. Total no of Laptops Sample Size Verified Scrapped Not Verified 44 17 14 2 1 The list was found to be in relatively good condition with minimal inaccuracies. There are two outside vendors utilized by the Buffalo Police Department for Iaptop maintenance and disposal. A disposal list was requested, but not received by the auditors. Other City of Buffalo Departmental Laptops Auditors requested an inventory list of laptops from MIS personnel. Several printed lists were provided. These lists were overlapping; therefore auditors consolidated the records to create a centralized inventory list of 153 laptops. Auditors then physically inventoried these laptops through scheduled visits to individual departments. During the inventory 10 additional laptops not on the list were identified. These were then added to the centralized inventory list. However, 69 laptops from the list could not be verified. This equates to a 45% unverified amount, as shown below: 41 Page Total # of Laptops Verified Not Verified % Verified % Unverified 153 84 69 55% 45% There was an effort made by MIS to keep two separate lists of 1) inventory on warranty and 2) equipment no longer under warranty. Auditors found 74% of the laptops on the warranty list existed at the time of inventory. The list of equipment no longer under warranty reflected a good deal of information that was clearly out -of -date. The large percentage of unverified laptops on the consolidated list was the result of a lax application of the disposal policy and lack of data coordination. This will be discussed in the recommendations. Our audit found that a loaner laptop was given to a City of Buffalo top ranking employee and was not returned upon termination of employment. The Department of MIS sent a certified mail request to the former employee requesting return of the loaner laptop. The laptop was then returned damaged from the former employee. Auditors requested disposal records from MIS, however to date none have been received. Motion Tablets Seventy -five (75) Motion Tablets were held by MIS on behalf of the Permit and Inspection Services Department. These tablets were purchased in July 2010 with a New York State Efficiency Grant. The tablets are intended for use by Building Inspectors who will have the ability to access and update building code enforcement and licensing inspection data while in the field. The deployment is dependent on configuration of Hansen 8 software. Although there have been several delays, the project is active and deployment of the tablets is expected to occur in the summer of 2012. Laptop Recommendations: 1. We recommend the creation of a new general ledger object account for computer equipment to record all laptop purchases. Today laptop purchases may be charged to a general equipment account and therefore the cost is not readily accessible in the ledger. With a unique account, the City will have better control over custody and cost of laptops. 2. We recommend the Department of MIS collaborate with the Division of Audit to identify any deficiencies in the database and to correct them. 3. We recommend the Department of MIS conduct a yearly physical inventory of laptops. Lists maintained by the department are severely out -dated and indicate a lack of controls over the custody of these devices. 4. We recommend that the Department of MIS review all existing policies related to laptop acquisition, deployment, replacement and disposal of old and or damaged equipment. 51 Page These updated policies and procedures should then be disseminated and put into practice by all department heads. The policy should include: a. A specific laptop policy that defines employer and employee responsibility of City - owned equipment. The policy should address policy for lost or damaged City owned employee laptops. b. A procedure that seeks to aggressively retrieve City -owned equipment before an employee exits employment. c. An initiative to recall laptops that are not useable and a subsequent initiative to dispose of laptops that not repairable. Also, disposal records (serial number, department, asset tag) should be filed for future reference and a receipt be issued for all laptops turned into MIS. 5. We recommend the Department of MIS and the Department of Permit and Inspection Services evaluate the Motion Tablet Project to set realistic and definitive dates for use of the Tablets by Building Inspectors in the field. It is unfortunate that over 1.5 years have passed since the equipment was purchased with Efficiency Grant Funds and the equipment is still in the original boxes. If the equipment will provide improved efficiency, the project should be completed as soon as possible. 6. The method of branding MCT laptops with "City of Buffalo Property -- Contact Phone # and COB TAG #" should be explored for wider application to all City laptops to support a uniform tracking system. Identifying City -owned equipment with a permanent stamp would likely eliminate the need for placing removable tags on laptops. Also COB tags and MIS tags should not be re -used on future purchases; this would help to eliminate duplicate entries and enhance the reliability of the inventory list. Laptop Audit Conclusion In conclusion, the Department of Management Information Systems is the responsible department for coordinating a laptop inventory based on definitions provided in the City Networking Policy. Still, each department head must take responsibility for coordinating the custody of mobile equipment within their jurisdiction. A laptop policy is recommended to guide departments on proper issuance, return and disposal of City provided equipment. All department heads should aggressively retrieve all equipment given to employees before an employee exits. AUDIT OF TELECOMMUNICATION DEVICES The objective of this audit was to identify and quantify use of wireless devices by City departments. These include cell phones, smart phones, aircards for laptop internet connectivity, 6 Page and pagers. The audit will examine department procedures for selecting phone plans, assignment Ij of cell phones to employees, usage and associated expense. Audit Scone 1. Obtain and validate an inventory of cell phones, smart phones, pagers and aircards. 2. Research wireless telecommunication policies and procedures related to issuance, disposal and appropriate use of devices. Inventory of Wireless Devices The audit identified 528 wireless devices based on August 2011 invoice records i.e.; 278 aircards, 187 cellular phones, 38 Blackberrys /Smart phones and 25 pagers. Number of Wireless Telecommunication Devices 300 200 2011 100 Amount Variance 0 POLICE 338 Aircards Cell Phones Black6errys & Smartphones Pagers FIRE F a - F - 278 187 38 25 PUBLIC WORKS 46 41 5 12% ASSESSMENT Fifteen departments were found to have wireless devices in use. The Police and Fire Departments are the heaviest users of wireless telecommunication devices. The chart below shows the number of devices by organization. Count of Wireless Telecommunication Devices 2011 2010 Amount Variance %Variance POLICE 338 339 -1 0% FIRE 73 fit 11 18% PUBLIC WORKS 46 41 5 12% ASSESSMENT 14 14 0 0% BUILDINGS DIV. 11 11 0 0% MIS 8 6 2 33% PARKING 7 7 0 0% PARKS 7 6 1 17% CITIZEN SERVICES 6 5 1 20 1 % OTHER DEPARTMENTS 18 22 -4 -18% Total 528 513 15 3% Data Based on August 2011 invoice data There are four vendors that provide telecommunication services to the City of Buffalo: Verizon Wireless, Sprint/Nextel, AT &T Mobility, and USA Mobility Wireless. Service contract pricing 71 Page for equipment and provider connection charges are obtained from the New York State Office of General Services, (NYS OGS) Telecommunication Contracts. As such, the City's vendors are not selected by a City operated competitive bidding process. Payments for these services totaled $565,000 from Fiscal Year 2010 through November 2011 in Fiscal Year 2012. Payments for Wireless Service Fiscal Year 2010 through Fiscal Year 2012* All $ amounts in thousands *Fiscal Year 2012: Includes Jul -Nov 2011, Full Year Unavailable Funds for Telecommunications are sourced from the General Fund and the Special Revenue Fund. A full 43% is from federal and state grants, e.g., Federal Drug Enforcement Agency; Federal Justice Assistance Grant; Federal Weed & Seed Program; State Operation Impact Grant; State Auto Theft Grant, and Urban Area Security Initiative Grant. These grant funds are utilized by the Fire and Police Departments to purchase telecommunication devices and services. Police and Fire have the majority of wireless devices due to the "Implementing Recommendations of the 9111 Commission Act of 2007 (Public Law 110 -53 — August 3, 2007) ". This Act specifies that emergency personnel must have all the necessary means of communication in the event a public disaster occurs. Public Works, Parks & Streets and Assessment & Taxation employees have cell phones and Blackberry devices to support their duties performed off City Hall premises. Department of Management Information Systems ( "MIS ") employees have Blackberrys for responding to computer /network related emergencies outside their office setting. 81 Page Departmental Responsibility According to Section 15 -21 of the City of Buffalo Charter, the Department of Public Works, Parks and Streets, Division of Telecommunications, Utilities and Franchises ( "Telecommunications Division ") represents the City of Buffalo in negotiating telecommunication services, monitors compliance with agreements and identifies and examines cost savings in telecommunication services. As is true with the laptops, the technical expertise related to the selection and deployment of telecommunication services resides within the three user groups, i.e., City of Buffalo, serviced by the MIS Department, and the Buffalo Police Department and Buffalo Fire.Department, each serviced by their internal information technology staffs. Issuance/Disposal of Telecommunication Devices Each department or division head contacts the Division of Telecommunications, Utilities and Franchises to request issuance of telecommunications devices. The Telecommunications Division will in some cases order the device, in other cases the order will be forwarded to the vendor for fulfillment. In situations where the department or division head needs to be consulted about device types and capabilities, MIS will be contacted prior to order submission. The Commissioner of Public Works, Parks & Streets has partnered with the MIS Department to identify cost.savings opportunities offered by specific providers. The Telecommunication Division receives devices from employees upon separation then retains the device for further use. Devices that are broken or unusable are returned to the Department of Management Information Systems for disposal. Approval of Invoices Wireless telecommunication invoices are reviewed and approved for payment by the respective_ users' departments. A review of invoices found: (a) Instances of incorrect service amounts charged compared to NYS OGS pricing (b) Inconsistencies in features allowable among different providers (c) Differences in allowable minutes among providers (d) Charges from third party subscriptions (e) Past due balances (f) 411 search charges (g) Charges for text messaging. 91 Page L , U Recommendations 1. We recommend the Department of MIS review and enhance the Telecommunications Policy with emphasis on clearly defining roles and responsibilities among all City divisions. 2. We recommend a specific review of benefits associated with consolidating with a single or fewer providers based on service and price. In the past grant funding of mobile devices influenced the selection of provider. As funding sources change the evaluation of vendor selection should be focused towards consolidation.. 3. We recommend the creation of a database that contains an inventory of telecommunication devices with appropriate levels of detail related to the devices' acquisition and maintenance. 4. We recommend the creation of a unique object ledger account for the capture of wireless telecommunications costs. Currently these costs are charged to multiple supply or equipment accounts and are not easily isolated. Telecommunication Devices Audit Conclusion The Division of Telecommunications, Utilities and Franchises is the department that has responsibility for telecommunication devices. We believe a telecommunications policy must provide guidance to user departments. Due to constant changes in today's technology, departments and divisions must monitor usage and have a grasp on optimal selection of providers. CONCLUSION The overarching takeaway one has from reviewing the City of Buffalo's treatment of laptops and telecommunications devices is that the systems currently utilized are too decentralized. While Police and Fire successfully manage their inventory, the rest of the City lacks cohesion. Jurisdiction is widely spread, and there is an apparent lack of accountability when it comes to the management of these devices. In an effort to effectuate this change in operation, we recommend the Common Council and Administration consider amending the Charter to transfer the function of telecommunications management from the Division of Telecommunications, Utilities and Franchises from the Department of Public Works, Parks and Streets to. the Department of Management Information Systems The aspects of utilities and franchises should stay with Public Works, but there needs to be a clear line of authority where the evolving realm of technology is concerned. With the command and control of the City's data systems in the purview of MIS, it makes logistical sense to incorporate the telecommunications functions to this area. AFTERWORD Follow -up meetings with the Acting Chief Information Officer, the Commissioner of Public Works, Parks & Streets and the Director of Telecommunications, Utilities & Franchises reflected similar thoughts. There was general agreement that telecommunications devices should be managed under one department. 101 Page 4 - j While there remain concerns over adequate manpower, the consensus was that the operation would be better under a unified command. They agreed with many of the Audit's recommendations and found that it accurately reflected the current situation. 111 Page 00 0'7 #1(Rev.1 /93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: March 30, 2012 FROM: DEPARTMENT: Audit & Control DIVISION: Comptroller SUBJECT: 2011- 2012 Second Quarter Gap Sheets Report PRIOR COUNCIL REFERENCE: (IF ANY) TEXT: We have reviewed the 2011 - 2012 Second Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the Administration, and are filing our review and summation as required under the City Charter. The Gap Report projects a budgetary $5.73 million surplus for the current year ending June 30, 2012 based on projections for the period January 1, 2012 through June 30, 2012. The anticipated timing of certain receipts and certain expenditures for the second half of the fiscal year are unknown to our office. Therefore, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration. Favorable budgetary variances in revenues include utility tax, sales tax, interest earnings, and service charges. For the second consecutive year, we are not expecting to receive any revenues from the Tribal Compact prior to June 30 Our analysis shows a favorable variance in personal services, and we expect all other expenditures to be materially within budget. It should be noted that the revised budget includes the use of $14 million of fund balance. This figure could increase subject to any unknown future items, such as unfavorable legal settlements, ratification of union contracts, or defeasance of the deficit bonds. Therefore, please note that with the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2012 CAFR will report a deficit on the fund financial statements. We understand that historical trends, although useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next six months. Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations for the next six months. Our office will be performing a more detailed analysis of the 3` Quarter Gap Sheets report. We caution you that other changes may still occur over the next six months that could affect fund balance. Department Head Name: Title: Signature of Department Head: REFERRED TO THE IT' ON FINANCE. Mark J. F. Schroeder 1 City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. S PASSED April 17, 2012 Certificate of Necessity - Common Council Gerald A Chwalinski City Clerk APP 3 0 2012 00 08 Certificate of Necessity Transfer of Funds We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section, §20 -12 of the Charter, that it is necessary that the sum of $40,048 be transferred and reappropriated as set forth below: From: 10102001-412002 Common Council - Legislative Hourly $40,048 To: 10220006 -- 434000 Comrnon Council. - Other Contractual Services $40,048 MARK J.F. SCHROEDER COMPTROLLER Dated : April 3, 2012 Transfer of Funds W L 41 Estrich,Donna From: Lehner, Christine Seat: Tuesday, April 03, 2012 9:43 AM To: Fstrich, Donna Cc: Chwalinski, Gerald; Rucinski, Laura Subject: Transfer Per Gerry I am requesting the following Transfer in funds From Hourly Salary 10102001 412002 $40,048.00 To Other Contractual Services 10220006 434000 $40,048.00 This is funding that will be. used for Outside Non - Profit Agencies. Thank You 1 AVE NO F(1NTANA FRAIYCAM GOLOM.EK WCUR O ' . PMGEN 1 RIVERA �r April 17, 2012 FROM THE PRESIDENT OF THE COUNCIL Common cDUtCCiC 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 4/17/2012 00 00 ��P CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK I hereby establish the Citizens Education Oversight Sub - Committee, and appoint the following individuals as facilitators to this committee: Julie Boody Roberta Cates Emilio Fuentes Mary Ellen McGowan Theresa W. Mushat Sincerely, f ZZ / C Richard A. Fontana Council President RAFAjo RECEIVED AND FILED ,AD AL- - C FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION April 17, 2012 r ! BYRON W. BROWN NNIAYOR Ct� �t "" MARTIN F. KENNEDY COMMISSIONER April 9, 2012 Honorable Richard A. Fontana, Council President Honorable Mark J.F. Schroeder, Comptroller Honorable Byron W. Brown, Mayor Dear Board Members: The following are Final Real Estate Values for the 2012 -2013 fiscal year. Total Assessed Real Estate $9,729,535,195 Plus: Special Franchise Assessment 379,674,935 Total Assessed Valuation 10,109,210,130 Less Non Taxable Real Estate 3,693,192,335 Railroad Exemption 63,661,175 Tax Base for General City Purposes 6,35 Plus: Veterans and Senior Citizens Exemptions subject to School Tax 85,760,124 Tax Base for Board of Education purposes 6,438,116,744 City Homestead 4,190,369,014 City Non- Homestead 2,161,987,606 School Homestead 4,275,252,120 School Non - Homestead 2,162,864,624 Sincerely, RECEIVED AND FILED Martin F. Kennedy Commissioner MFK:al cc: Janet Penksa, Commissioner Administration & Finance, Policy & Urban Affairs Donna Estrich, Director, Budget & Finance L 00 1.0 CITY OF BUFFALO DEPARTMENT OF ASSESSMENT & TAXATION 65 NIAGARA SQUARE / 101 CPIY HALL / BUFFALO, NY 14202 -3385 / (716) 851 -5733 / FAX: (716) 851 -5730 �9 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS April 17, 2012 City Clerk's Department BUFFALO April 20, 2012. HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 11 PASSED April 17, 2012 Change in Contract - Broderick Park Master Plan (Nia) Gerald A Chwalinski City Clerk j Cta.� A 3 0 2012 00 it #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 2, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Broderick Park [: Master Plan [: Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 11; CCP 10/18/11 EX. (ITEM NO. CCP } TEXT: I hereby submit to Your Honorable Body the following change for Broderick Park, Master Plan, Nussbaumer & Clarke, Inc., C #93000870. 1. Additional services related to the evaluation for reuse of the Add $ 4,970.00 existing Concession Building, including site visit and report preparation. The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Seventy and 001100 Dollars ($4,970.00 ). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $63 ,000.00 Add $ 4,970.00 $67,970.00 �v 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 33400306 and other account(s) to be named at a later date. SJS /PJM /FG /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P. E. Title: City Engineer For: Commissioner of P rks, Parks & Streets Signature of Department Head: Change in Contract — Broderick Park Master Plan (Nia) (Item No. 8, C.C.P., April 17, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 2, 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 $67,970.00 for the Broderick Park Master Plan Contract to Nussbaumer & Clarke, Inc., C #93000870. Funds for the project are available in Account 433400306, and other accounts to be named at a later date. Passed. TAwp601TRP1C0UNCQ.14 -17 -12 meeting\Change in Contract - Broderick Park Master Plan.doc City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR. Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 12 PASSED April 17, 2012 Permission to Hire Consultant— Various Projects and Districts Gerald A Chwalinski City Clerk xe 5 �Z • p;i i 1 . V� :...3. - -. U U I '� #1. (Rev' 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 5, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Commissioner's Office SUBJECT: [: Permission to Hire Consultant [: Various Projects [: Various Districts I� PRIOR COUNCIL REFERENCE (If Any) [; EX. (Item No. CCP ) TEXT: I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire a consultant to provide architectural and engineering services for the following projects: • 725 Humboldt (Masten CAO) - Reconstruction & Environmental Remediation Historical Society - Window Reconstruction • Police Radio Annex - Reconstruction & Electrical Upgrades • Shea's Performing Arts Center - Stage House Exterior Reconstruction • Seneca Babcock Community Center - HVAC Upgrades • Cazenovia Casino - Interior Reconstruction & Structural Rehabilitation • Marcy Casino - Interior Reconstruction & Exterior Restoration The costs for consulting services are estimated not to exceed $300,000.00. The funds are available in bond account(s) 33320106, 34324206, 33320706, 34324806, 34310306, 33320406, 32320406, 32321206 - 445100 - Buildings, an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualification (RFQ) process. SJS /PJM /JF /dlg cc: J. Jacobs, Buildings Department Head Name: Steven J. Ste nick Title: Commissioner of- Publi&W-orks Parks & Streets Signature of Department Head: r ��l Permission to Hire Consultant —Various Projects, Various Districts (Item No. 9, April 17, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April S, 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 chosen through a Request for Qualifications (RFQ) process to provide architectural and engineering services for the following projects: • 725 Humboldt (Masten CAO) — Reconstruction and Environmental Remediation • Historical Society — Window Reconstruction • Police Radio Annex — Reconstruction and Electrical Upgrades • Shea's Performing Arts Center — Stage House Exterior Reconstruction 0 Seneca Babcock Community Center — HVAC Upgrades • Cazenovia Casino — Interior Reconstruction and Structural Rehabilitation • Marcy Casino — Interior Reconstruction and Exterior Restoration The costs for consulting services are estimated not to exceed $300,000.00 to a consultant and are to be funded through Accounts 33320106, 33320706, 34324806, 34310306, 33320406, 32321206 — 445100 - Buildings, and an account(s) to be named at a later date. Passed. TAwp6WRPICOUNCILA -17 -12 meetingWemm ssion to Rre- Various Projects Various districtsAnc A 'City Clerk's BUFFALO April 20, 2012 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR Pursuant to the.provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 13 PASSED April 17, 2012 Report of Bids — 60 Hedly Place (Masten). Gerald A Chwalinski City Clerk UU 1J #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 3, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: 60 Hedley Place [: Reconstruction - Phase 2 [: Job #11103 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item No. 17;' CCP 01/24/12 EX. (ITEM NO. CCP TEXT: I advertised for on December 6, 2011 and received the following sealed formal bids for 60 Hedley Place, Reconstruction - Phase 2, which were publicly opened and read on January 10, 2012 HVAC Construction Greater Niagara Mechanical $172,300.00 7311 Ward Rd., N. Tonawanda, NY John W. Danforth Co. $182,330.00 300 Colvin Woods, Tonawanda, NY A bid received by Parise Mechanical was deemed unresponsive by the Law Department. I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of One Hundred Seventy Two Thousand Three Hundred and 001100 Dollars ($172,300.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 36310306 445100 and 38320606 445100 - Buildings, and another account to be named at a later date. SJS /PJM /dIg cc: Contract Compliance Office J. Jacobs, 'Buildings 1e Department Head Name: Steven J. Stepniak Title: Signature of.Department Head: Report of Bids — 60 Hedley Place Reconstruction — Phase 2 (Item No. 10, C.C.P. April 17, 2012) Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 3, 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 $172.300.00 to Greater Niagara Mechanical, to be funded through Accounts #3631.0306 445100 and 38320606 44510 — Buildings, and another account to be named at a later date. Passed. TAwp601JRP\COVNCIL\4 -17 -12 meeting\Report of Bids -60 Hadley Place Phase 2.docx 00 111 #1 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 11, 2012 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks PRIOR COUNCIL REFERENCE: (IF ANY)[ SUBJECT: [: Report of Proposals and [: Contract Award for [: Design, Architectural and Engineering Services for [: LaSalle Park Skateplaza Master Plan [: between City of Buffalo [: and New Line Skateparks, Inc. Requests for Proposals were sent December 7, 2011 and I received the following formal sealed proposals for Design, Architectural and Engineering Services for LaSalle Park Skateplaza Master Plan which were publicly opened and read on January 6th, 2012. Proposals were received from the following: Pro poser Grindline Skateparks, Inc. Greenman- Pedersen, Inc. Proposal Bid $47,700.00 incomplete proposal Pillar Design Studios, LLC $41,140.00 U.R.S. Corporation $48,752.00 Stantec Consulting Services, Inc. $18,500.00 Burgeoning $294,000.00 New Line Skateparks, Inc, $24,600.00 Spohn Ranch, Inc. $18,000.00 I hereby certify that the foregoing is a true and correct statement of all proposals received and that as per the Department of Public Works, Parks and Streets RFP panel review process; New Line Skateparks, Inc. for twenty -four thousand six hundred dollars and zero cents ($24,600.00) is the most qualified responsible proposer in accordance with the request for proposal scope of services and specifications. 55 6.0 I hereby respectfully request that Your Honorable Body authorize this department to enter into an agreement between the City of Buffalo and New Line Skateparks, Inc. Funds for this work are available in Account #33400306- 445100 and in an account to be named at a later date. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: cc: Andrew R. Rabb, Deputy Commission Peter J. Merlo, P.E., City Engineer REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF POLICE April 17, 2012 City CIerk's Department BUFFALO April 20, 201 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, l present herewith the attached resolution item. No. 15 PASSED April 1'7, 2012 Approval for Purchasing Bflo Police Command Bus Gerald A Chwalinski City Clerk 00 IN # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: March 29, 2 012 .FROM: DEPARTMENT: Buffalo Police Department DIVISION: Administration /Grant SUBJECT: [Approval For Purchasing Buffalo Police Command Bus - Homeland Security Funds - UASI 2008] ENTER PRIOR COUNCIL REFERENCE: (IF ANY) State Homeland Security: 12/13/2011 - CCP #23. Item #19 TEXT: TYPE SINGLE SPACE BELOW As you know, the City of Buffalo has been awarded 2008 Homeland Security UASI Funds, which we are now in the process of spending. In 2011, the Federal Government took away UASI Funding from Tier 2 Cities, including Buffalo, and therefore, in 2011 our funding now comes from the State's Homeland Security Program with the consensus of Erie and Niagara Counties; we are waiting for our contract for this funding. The State's Department of Homeland Security and Emergency Services has asked Buffalo to consider "flipflopping" our use of some. of our funding; specifically with regard to the purchase of the Police Command Bus that we requested under the State's Homeland Security Funding and received permission to procure. They have asked us to consider this due to spending deadlines being imposed by the Federal Government. The State is in the process of asking the "Feds" for an extension regarding the New York's 2008 UASI Funds (which Buffalo's are included), but there is no guarantee they will receive an extension. Should we not receive an extension, the City must spend down the balance of funding (approximately $1.3 mil - slated for data project, radio project, cameras, 'etc) by September 30, 2012. Because we considering this request, giving us more time for the camera project, which requires us to submit extensive Environmental and Historic Preservation Forms, Ariel Photos, etc. which are mandated by the "Feds" for any type of camera other than a portable camera, we are now asking your Honorable Body for permission to secure the Command Bus Vehicle. Our current vehicle is going on 14 years old, currently leaks and. cannot accommodate today's technological advances properly. This non -take home vehicle will be utilized by all five (5) of Buffalo's Police Districts plus the specialty squads within our Department (Narcotics, Violent Crime IMPACT Team, Homicide, etc.) at all festivals, large community events (ball drop, waterfront concerts, etc), and emergency crisis situations that include natural and man -made disasters. This vehicle serves "on scene" as a mobile command post to coordinate public safety measures. This vehicle will also carry special patrol equipment necessary for these type of functions (i.e., segways). This vehicle would also benefit the community -at -large as often times we park it in various neighborhoods to improve community relations. In addition, because other jurisdictions have requested the services of the Buffalo Police Department, especially our border law enforcement partners (Cheektowaga, Lackawanna, West Seneca) in various types of situations due to our expertise, experience, and resources, this hopefully will be another resource we can use to assist when called upon for help. Because of grant time constraints and the fact that it will take quite a while to maneuver through the City's procurement process, we are respectfully asking your Honorable Body to approve our request at this meeting. If you have any questions, feel free to contact either Captain Mark Makowski or Maureen Oakley of the Buffalo Police Grants Section at 851- 44 -75. Thank you! TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Polic SIGNATURE OF DEPARTMENT HEAD: Approval For Purchasing — Police Command Bus (Item No. 12, C.C.P., March 29, 2012) Mr. Smith moved: That the above communication received from the Commissioner of the Police Department dated March 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Police Department to purchase a command bus that was requested under the State's Homeland Security Funding. Passed. T:\wp60 JRP\COUNCIL\4 -17 -12 meeting\Approval For Purchasing -BPD Command Bus.doex t * AYE * N4 FONTANA FlUNCM GOLOMEEK LOCUR.TO PRlDGEN RtA RW �ET T, 20- 3!d- 7 t #3 (Rev 1 -02) Certificate of Appointment 6 In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of tho City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 04/13112 in the Department of Police Division of Administration and Communication to the Position of Cellbloek Attendant (Insert One) : PERMANENT (Insert One) : APPOINTMENT (Insert One) : at the: MAXIMUM (Enter Starting Salary) : Starting Salary of: $36,119 Schedule "A" LAST JOB TITLE ? NAME Margaret Hanrahan LAST DEPARTMENT Public Works DATE ADDRESS 272 Baraga Street LAST SALARY $35,127 CITY & ZIP Buffalo, NY 14220 LAST DIGITS OF SSN, XXX -XX -5700 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE . ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12024001 TITLE CODE NO 2000 BUDGET ACCT. OBJ, 411001 PROJ. ID PERSONNEL REQ. NO 2011 -79 SALARY RANGE OF POSITION $32,602 - $36,119 PER YEAR REASON FOR APPT: ABOVE THE MINIMUM: Employed with Department of Public Works at a salary of $35,127 prior to appointment with the Buffalo Police Department NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING, AUTHORITY: Commissioner of Police DATE: 04/13/12 SIGNATURE OF APPOINTING AUTHORITY: —= –' ORIGINAL + 3 COPIES TO: CITY CLERK ONIBEFORE APPOINTMENT DATE OTHER OPIES TO: #5- COMPTROLLER #5- HUMAN SERVICESI, M L SERVICE #7- LUDGET #8 _DEPARTMENT #9- DIVISION #10- EMPLOYEEiS1 I )A 2 1, FROM THE COMMISSIONER OF FIRE April 17, 2012 City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED April 17, 2012 Grant Funding Agmt/Acceptance — NYS Homeland Security Gerald A Chwalinski City Clerk 6'7 ®Q 17 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 11, 2012 FROM: DEPARTMENT: 21 - Fire SUBJECT: [:Grant Funding [: Agreement /Acceptancellntake /Processing /Utilization/ [ :Documentation for $281,693 Grant from NYS Division of [:Homeland Security and Emergency Services PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxlxxlxx) The City of Buffalo has obtained a grant funding commitment from the above grant funding source in the amount of up to $281,693. The Grant funding agreement and related grant funding intake documentation/ processing /utilization /reimbursement and related materials are attached for your reference. The objective of the Grant program is to prevent terrorist attacks and to mitigate against man -made and natural hazards and to protect people, our critical infrastructure and key resources and to prepare to respond to and recover from both man -made and natural disasters. Grant objective implementation will be accomplished by information technology equipment and medical equipment purchases and by providing the necessary training of personnellfirst responders. This grant is a reimbursement based type of grant. There is no City funding match required. The Fire Departement is requesting that Your Honorable Body hereby: 1. Ratify and confirm the efforts and actions of the City and the Fire Department in qualifying for and receiving the Grant and other grant related matters; 2. Authorize the Mayor 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 Fire Department's receipt and utilization of the grant funding; 3. Authorize other City and Fire Department personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's or the Fire Department's receipt and utilization of the grant funding as well as all related reporting, monitoring.and follow -up functions associated with the grant funding and reimbursement processes. SIGNATURE DEPARTME 14 HEAD TITL Garnell W. Whit ' d, Jr., o issioner of Fire GWW /sa Attachment Mr. Garnell Whitfield Commissioner of Fire Buffalo Fire Department 195 Court Street Buffalo, NY 14202 Dear Commissioner Whitfield; NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES OFFICE OF COUNTER TERRORISM March 20, 2012 FEDERAL GRANT PROGRAM ADMINISTRATION Enclosed, please find a contract and five (5) additional signature pages for the FYI I Metropolitan Medical Response System contract between the Division of Homeland Security and Emergency Services (DHSES) and the City of Buffalo. Please review the full contract and, if your organization accepts the terns of the agreement, have the contract and the five (5) additional signature pages signed and notarized on the signature line. The complete package all six (6) originally signed and notarized contract signature pages, must be returned to this office no later than April. 10, 2012. This grant. award agreement does not constitute a formal contract between your organization and DHSES until approved by this agency and/or executed by OSC and the Attorney General's Office. A contract for awards greater than $50,000 must be reviewed and approved by OSC and, therefore,, will be stamped by OSC. Contracts for awards that are less than $50,000 do not need to be processed by OSC and, therefore, will not be stamped by OSC. You are obligated to account for the expenditure of these funds in a timely manner and on the prescribed forms. Expenditures must be made in accordance With the guidelines of this grant program and as stated in the program workplan and budgeted for in the contract budget. If you have any questions or require further assistance, please contact me at (518) 242- 5108. Thank you for your continued cooperation. Sincerely, Shelley ah lich Contract anager Enclosures cc; Eric Abramson,. Program Representative M 1220 Washington Avenue, State Office Building Campus Building 7A — Suite 610 Albany, NY 12242 STATE AGENCY: NYS COMPTROLLER'S NUMBER: 0834215 New York State Division of Homeland Security and (Contract Number) Emergency Services 1220 Washington Avenue Albany, NY 12242 ORIGINATING AGENCY CODE: 01077 GRANTEEICONTRACTOR: (Name & Address) TYPE OF PROGRAM( WM2011 MMRS . Buffalo, City of CFDA# 97.067 65 Niagara Square Room 201 DHSES NUMBER(S): WM11834215 Buffalo, NY 14202 FEDERAL TAX IDENTIFICATION NO: 16- 6002533 INITIAL CONTRACT PERIOD: M-UMCIPALITY NO (if applicable): 140207000 000 FROM: 09/01/2011 TO: 08/31/2014 SFS VENDOR ID: 1000004306 FUNDING AMOUNT FOR INITIAL PERIOD: $ 281,693 STATUS: Contractor is not a sectarian entity. MULTI -YEAR TERM (if Volicablek Contractor is not a not- far - profit organization FROM: TO: CHARITIES REGISTRATION NO: APPENDICES ATTACHED AND PART OF THIS AGREEMENT X APPENDIX A Standard Clauses required by the Attorney General for all State contracts Contractor has / has not X timely filed with the Attorney General's APPENDIX A -1 Agency- Specific Clauses - Charities Bureau all required periodic or annual written reports. X APPENDIX B Budget X I is entered above, reason eason f or exemption: APPENDIX C Payment and Reporting Schedule X APPENDIX D Program Workplan and Special Conditions APPENDIX X Modification of Agreement Form (to accompany modified appendicies for changes in terms or considerations on an existing period or for renewal periods) DHSES -55 Budget Amendment/Grant Extension Request Other -- Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates indicated below. NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES .By: Date: F. David Sheppard, Assistant Director 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." GRANTEE: By: Date: Han. Byron W Brown, Mayor STATE OF NEW YORK County of On this day of 20 before me personally came to me known, who being duly sworn; did depose and say that (s)he resides in _ that (s)lie is the of the the Grantee described in and which executed the foregoing instrument; that it was so executed by the authority of the Grantee, and that (s)he signed his/her name hereto by like order. (Notary) APPROVED: ATTORNEY GENERAL'S SIGNATURE THOMAS P. DINAPOLI, STATE COMPTROLLER Title: By Date: Date: STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS December, 2011 STANDARD CLAUSES FOR NYS CONTRA07s API'EIIQIKA TABLE OF CONTENTS Page 2 December, 2011 Page 1. Executory Clause 3 2. Non - Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non - Discrimination Requirements 3 6. Wage and Hours Provisions 3 7. Non- Collusive Bidding Certification 4 8. International Boycott Prohibition 4 9. Set-Off Rights 4 10. Records 4 11. Identifying Information and Privacy Notification 4 .12. Equal Employment Opportunities For Minoriti es and Women 4 -5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5. 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5_6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1.992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with New York State information Security Breach and Notification Act 6 23. Compliance with Consultant.Disclosure Law 6 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors, Affiliates and Subcontractors Page 2 December, 2011 STANIlARD CLAUSES TOR NYS CONTRACTS APM9C[A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, Iease, 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 State 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 let 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. required to be covered by the provisions of the Workers' Compensation Law. 5. NON - DISCRIMINATION iREOUIREMENTS 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 -e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 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. WO 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 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 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 sutras due and owing for work done upon the project. Page 3 December, 2011 STEM ARb CLAUSES FOR NYS CONTRACTS APMIRA 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. 8. 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 Page 4 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 "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 herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING 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 requested by the purchasing unit of the agency contracting to purchase the goods or services or lease 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.E UAL 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 December, 2011 STAIlOARGIAUSTS FOR NYS CONTRACTS iMPMRA 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; 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 11 -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. .(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 ior 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 $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work ") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict 17. SERVICE OF PROCESS In addition to the methods of service allowed by the State Civil Practice Law & Rules. ( "CPLR "), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof. by. the United States Postal Service as refused or undeliverable.' Contractor must _promptly_ notify_the_State.;-in_... writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 1$. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS The Contractor certifies and warra4 s 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 Page 5 December, 2011 STA 000 CLAUSES FOR Es CONTRACTS APPEl1LLIKA 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. MACBRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacBride 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 ' shalI permit independent monitoring of compliance with such principles. 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. 92-26 1), 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. 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 7 Floor Albany, New York 12245 Telephone: 518- 292 -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 -525 0 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 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 Security Breach and Notification Act (General Business Law Section 899 -aa; State Technology Law Section 208). 23. COMPLIANCE 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. Page 6 December, 2011 STAKiPHA GMUSI S FAA IIYS CBMAM APPEM001A 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 7 December, 2011 Appendix A -1 Rev. 02/26/2010 APPENDIX A -1 New York. State Division of Homeland Security and Emergency Services AGENCY- SPECIFIC CLAUSES A. GENERAL TERMS AND CONDITIONS This contract (Agreement) is hereby made by and between the Division of Homeland Security and Emergency Services ( DHSES), on behalf of the State of New York (State) and the Grantee. 2. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of this Agreement. 3. . This Agreement incorporates the face pages attached, this Appendix and all of the marked. Appendices identified on the face page hereof. 4. Funding for the entire Agreement Period shall not exceed the funding amount specified as "Funding Amount for the Initial Period" on the face page hereof. 5. The 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 eventD14SES shall notify the Grantee 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 6. 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 NYS Office of the State Comptroller. Any other modifications shall be processed in accordance with DHSES guidelines as stated in this Agreement. 7. The Grantee must meet the program objectives summarized in the Program Work Plan and Special Conditions (Appendix D) to the satisfaction of DHSES in accordance with provisions of the Agreement, relevant laws, rules and regulations, administrati.ve and fiscal guidelines and, where applicable, operating certificates for facilities or license for an activity or . program. If the Grantee enters into subcontracts for the performance of work pursuant to this Agreement, the Grantee shall take full responsibility for the acts and omissions of its sub - grantees. Nothing in the subcontract shall impair the rights of the State under this Agreement. No contractual relationship shall be deemed to exist between the sub - grantee -and neither DHSES nor-the State of New York. 9. If this Agreement exceeds $50,000, it shall not take effect until it is executed by the parties. hereto and approved by both the Offices of the NYS Attorney General and State Comptroller. If this Agreement is $15,000 or less, it shall not take effect until it is executed by both parties. If this Agreement ranges in dollar amount .from $15,000.01 to $50,000, execution is contingent upon the appropriation. If the Agreement utilizes funds appropriated prior to -1- Appendix A -1 Rev. 02/26/2010 April 1, 2006, it shall not effect until it is executed by the parties hereto and approved by both the Offices of the NYS Attorney General and State Comptroller. If the Agreement utilizes funds appropriated on or after April 1, 2006, it shall not take effect until it is executed by both parties. 10. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 11. In the event that any provision of this. Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 12. If applicable, the Grantee agrees to obtain not- for -profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish DHSES with this information as soon as it is available. 13. The Grantee agrees,. as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. 1 et seq.), as amended 14. The Grantee shall comply with the provisions of the New York State information Security Breach and Notification Act (General Business Law Section 889 -aa; State Technology Law Section 208). The Grantee shall be liable for the costs associated with such breach if caused by the Grantee's negligent or willful acts or omissions, or the negligent or willful actions or omissions of Grantee's agents, officers, employees or sub - grantees. 15. Consistent with the NYS Office of State Comptroller Bulletin No. G -221, all non - governmental (non - profit and commercial) organizations scheduled to receive grant funding from DHSES must comply with Vendor Responsibility requirements. B. BUDGET, PAYMENT, REBoURSEMENT AND REPORTING REQuMEMENTS 1. The Grantee is not permitted to make any changes to the Agreement budget without the written approval of DHSES. Furthermore, any proposed modification to the Agreement which results in a change of greater than 10 percent to any budget category, must be submitted to NYS Office of State Comptroller for approval. 2. - To be eligible for payment, the Grantee shall submit to the DHSES' 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 DHSES. 3. DHSES shall snake payments and any reconciliation in accordance with the '.Payment and Reporting Schedule (Appendix C).. DHSES shall pay. the Grantee for completed, approved projects, a sum -not to exceed the amount noted on the face page hereof. The Grantee must .. not seek or accept .reimbursement from any other sources for Grantee costs and services pursuant to this Agreement. 4. Grantee shall. provide complete and accurate vouchers to the Agency in order to receive payment. Vouchers submitted to DHSES must contain all information and supporting documentation required by the Agreement, DHSES and the State Comptroller. Payment for vouchers submitted by the Grantee shall only be rendered electronically, unless a paper check -2- �9 Appendix A -1 Rev. 02/26/2010 is expressly authorized by the Director of DHSES, at the Director's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with the ordinary State procedures and practices. The Grantee shall comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at www.osc.state.ny us /epay /index.btm by email at epuniQosc.statemy.us, or by telephone at (518) 474 -4032. Grantee acknowledges that it will not receive payment on any vouchers submitted under this Agreement if it does not comply with the State .Comptroller's electronic payment procedures, except where the Director has expressly authorized payment by paper check as set forth above. The Grantee shall meet all audit requirements of the federal government and State of New York. 6.. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 7. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with -- Appendix B, Budget, and, unless written authorization has been received from DHSES, shall not exceed rates authorized by the NYS Office Of State Comptroller (Audit and Control). .Rates may be viewed online at: hn:l /wrNw.osc. state. ny .us /agencies /travel /travel.htm 8. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. All consultant services must be a. manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant, and make them available to DHSES upon request. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. a) Unless a special condition applies to this Agreement, the rate for consultant services shall be reasonable and consistent with the amount paid for similar services in the marketplace. Time and effort reports are required for consultants. b) Grantee must adhere to the following guidelines at a minimum when obtaining consultant Services. L Consultant services that cost up to $15,000 may be obtained by proving reasonableness of price. One method of proving reasonableness of price is to Obtain three quotations from responsible vendors, on the vendor's letterhead. A_ description of the selection process_ must be maintained, as well as a record of the quotations. ii. Consultant services that cost over $15,000 up to $50,000 may be obtained by advertising the opportunity in a reasonable manner and in an appropriate venue for a reasonable period of time. Reasonableness of price must be proven; obtaining three quotations as in (L) above may be used. A record. -3- Appendix AA Rev. 02/26/2010 io must be maintained of the advertisement, the quotations, and the selection process. iii. Consultant services that cost over $50,000 must use a formal competitive bidding process. Guidance may be -obtained from DHSES.. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services;. equal provision of information to all ' interested parties; reasonable deadlines; establishment of the methodology of evaluating bids before the bids are opened; sealed bids opened at one time before a committee who will certify the process; and -maintenance of a record of.the competitive procurement process. c) A Grantee that is a local government . must contract for consultants in accordance with General Municipal Law Article 5 -A and any other applicable regulations. d) A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding must obtain the - prior written approval 'of DHSES. The request for' approval must be in writing and set forth,. at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such consultant services must ire. in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the 'U.S. Department of Homeland Security. A copy of DHSES' approval must also be submitted with the voucher for payment. . 9. Equipment means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. -A Grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above. A copy of the property record(s) or equipment inventory. report(s) with relevant purchasing and supporting documentation must be made available to DHSES upon request. Property records or equipment inventory reports must be maintained, by award, that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.. The Grantee must document receipt of all applicable equipment purchased with grant funds. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. .10. Upon completion of all contractual requirements by the Grantee, DHSES will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in connection with a public security program. When disposing of equipment purchased with homeland security grant funding, a State agency -must dispose of equipment in accordance with State Laws and procedures. All other Grantees shall dispose of equipment as follows: a) Items of equipment with a current per unit market value of -less than $5,000 may be retained, sold or otherwise disposed of with no further obligation to the awarding agency. b) Items of equipment with a current per unit fair market value of $5,000 or more may -4- Appendix A-1 Rev. 02!2612010 be retained or sold. If sold, the .awarding agency shall have a right to an amount calculated by multiplying the proceeds from the sale -by the awarding agency's share of the equipment. If retained, the current market value is to be used in the calculation. To remit payments, award recipients should contact DHSES at.1 -866- 837 -9133 for guidance. 11. The Grantee further agrees .that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 12. Written justification and documentation for all procurements must be maintained on file, and made available to DHSES upon request. All procurements must be made in a fair and open . manner and i.n accordance with the pre - determined methodology established for evaluating bids (e.g., lowest responsible bidder or best value). a) Grantee must also make all procurements as noted below: i. If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. ii.. A Grantee purchasing any single piece of equipment, single service or multiples of each that cost up to $15,000 may do so by proving reasonableness of price. One method of proving reasonableness of price is to obtain three quotations from responsible vendors, on the vendor's letterhead. A description of the selection process must be maintained, as well as a record of the quotations. iii. Goods services or multiples - of each that have an aggregate. cost between $15,000 up to $50,000 may be obtained by advertising the opportunity in a reasonable manner and in an appropriate venue for a reasonable period of time. Reasonableness of price must be proven; obtaining three quotations as in (ii) above may be used. A record must be maintained of the advertisement, the quotations, and the selection process. iv. A Grantee expending over $50,000 must use a formal competitive bidding process. Guidance may be obtained from DHSES. At a minimum, the competitive bidding. process must incorporate the following: open, fair advertisement of the opportunity to provide the goods or services; equal provision of the information to all interested parties; reasonable deadlines; establishment of the methodology for evaluating bids. before the bids are opened;..sealed bids opened at one time before a committee who will certify the process; and maintenance of a record of the competitive procurement process. V. A Grantee.. who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval of DHSES. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined -5- Appendix A4 Ray. 0206/2010 to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the V.S. Department of Homeland Security. A copy of DHSES' approval must also be submitted with the voucher for payment. b) A Grantee that is a State entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. c) A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5 -A; and any other applicable regulations. 13. The Grantee shall submit detailed itemization forms or a form deemed acceptable to DHSES for personal service, fringe benefit and non- personal, service expenditures with any voucher and fiscal cost report regiiesting reimbursement. Grant - related expenditures shall be reported on Fiscal Cost Reports approved by DHSES. These reports must be prepared periodically and as' defined in Appendix C "of this Agreement. All reported expenditures must reconcile to the program accounting records and the approved budget. Prior period adjustments shall be ' reported in the .same accounting period that the correction is made'. 14. The Grantee must submit program progress reports and final reports as' specified in Appendix C. 15.. Where advance payments are approved .by DHSES, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. The advanced funds must. be placed in an interest- bearing account and are subject to the rules outlined in 44 CFR Part 13, (Uniform Administrative Requirements for Grants and Cooperative Agreements to State, and Local Governments) and 2 CFR 2.15 (Uniform Administrative. Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals„ and Other Non - Profit Organizations), which require Grantees to promptly remit back to the federal government, through New York State Division of Homeland Security and Emergency Services, any interest earned on these advanced funds. The Grantee may keep interest earned up to $100 per federal fiscal year if a local unit of government and $250 per federal fiscal year if a not- for - profit for administrative expenses. This maximum limit is not per award; it is inclusive of all interest earned as the result of all federal grant program funds received per year. Interest must be reported on Fiscal Cost Reports and remitted to DHSES quarterly. C.. ACCOUNTING FOR GRANT EXPENDITURES 1. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this - grant is the complete and accurate documentation of grant expenditures., If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant - related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate. chart.. of accounts. Expenditures must be cross- referenced to supporting source documents (purchase orders, contracts real estate leases, invoices,. vouchers, timesheets, mileage logs, etc.). -6- Appendix-A -1 Rm 02/2601010 2. Grantee agrees that it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for 'Government or. Generally Accepted Accounting Principles for Not -for -Profit Organizations. 3. This Agreement may be subject to fiscal audits by DHSES, NYS Office of State Comptroller, pertinent federal agencies, and other designated entities to ascertain financial compliance with federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records in accordance with governmental accounting. standards as well as generally accepted accounting principles; and specific compliance with allowable cost.and expenditure documentation standards prescribed by applicable federal, State, and DHSES guidelines. 4.. None of the goals, objectives or tasks, as set forth in Appendix D, shall be sub - awarded to another organization without specific prior written approval by DHSES. Where the intention to make sub - awards is clearly indicated'in'the application, DHSES approval is deemed given, if these activities are funded as proposed. 5. If this Agreement makes provisions for the Grantee to sub -grant funds to other recipients, the Grantee agrees that all sub- grantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall. assume sole and - complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any sub - grantee as if were its own. . 6. The Grantee agrees that ail sub - grantee arrangements. shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following .information: = Activities to be performed; = Time schedule; Project policies; = Other policies and procedures to be followed; Dollar limitation of the Agreement; . Appendix A, Appendix A -1, Appendix C, Certified Assurances for Federally. Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; • Applicable federal and/or State cost principles to be used in determining allowable costs; and • Property Records or Equipment Inventory Reports. 7. The Grantee will not be reimbursed for sub - granted fiends unless all' expenditures by a sub - grantee are listed on detailed itemization forms or a form deemed acceptable to DHSES. Backup Aoc_umentation for such expenditures must be made available to DHSES. upon request. All expenditures must be programmatically consistent with the goals and objectives of this. Agreement and with the Budget set forth in Appendix B. D. PROPERTY 1. Any equipment, furniture or 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 -7- . Appendix A -1 Rev, 02/2612010 State laws, rules or regulations or stated in this Agreement. 2. Upon completion of all contractual requirements by ' the Grantee under this ' Agreement, DHSES shall accept a request for continued use and possession of the. equipment purchased with grant funds providing the equipment continues to be used in accordance with the contracted activities and guidelines in this Agreement. ' 3. The .Grantee must conduct a physical inventory of property records at least once every two years to verify the existence, current utilization and continued need for the property. In the event the property - is no longer required by the Grantee, this fact should. be reported to DHSES as soon as possible and appropriate guidelines followed, as specified in this Appendix. 4. If Grantee disposes of any equipment purchased under this Agreement during the active lifespan of said equipment, Grantee must reinvest any proceeds from the disposal into additional equipment items to continue Grantee's organization's activities subject to the guidelines of this Agreement. If the Grantee does not reinvest proceeds to continue activities subject to this Agreement, the percentage of the proceeds equal to the proportion of the original purchase price paid by_ funds for the Agreement must be repaid to the State of New York. E. FFDE REQUMEME TS 1. The Grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. 2. A list of regulations commonly applicable to United' States Department of Homeland Security . (DHS) grants are listed below, including the guidance: a) Administrative Requirements: 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110) b) Cost Principles,: . 1. 2 CFR Part 225 State and Local Governments (OMB Circular A -87) 2. 2 CFR Part 220, Educational Institutions (OMB Circular A -21) 3. 2 CFR Part 230, Non Profit Organizations (OMB Circular A -122) 4. Federal Acquisition Regulation Sub part 31 Contracts with Commercial Organizations c) Audit Requirements: 1. OMB Circular A -133, Audits of States, Local Governments, and Non -Profit Organizations -8- U� Appendix A -1 Rev. 02/26/2010 The Grantee shall ensure it is aware of and complies with all applicable laws, regulations and program guidance. It is the responsibility of the Grantee to become familiar with and comply with all terms and conditions associated with acceptance of funds. 4. The Grantee must ensure full compliance with all cost documentation requirements, including specific personal service documentation, as applicable directly to the Grantee, sub - recipient or collaborative agency /organization. The Grantee must maintain specific documentation as support for project related personal service expenditures as this Agreement is supported by federal funds. Depending upon the nature or extent of personal service .provided under this Agreement, the Grantee shall maintain semi- annual (or more frequent) personal service certifications and /or an after - the -fact personnel activity reporting system (or equivalent) which complies with all applicable laws, regulations and program guidance. Failure to do so may result in disallowance of costs. 5. In accordance with federal requirements, a Grantee that receives during its fiscal year $500,000 or more of federal funds .from all sources, including this Agreement, must agree to have an independent audit of such federal funds conducted in accordance with 'tbe federal Office of Management and Budget (OMB) Circular A -133. . OMB Circular A -133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. 6. The Grantee must provide one copy of such audit report to DHSES within nine months of the end of its fiscal year, or communicate in writing to DHSES that Grantee is exempt from such requirement. 7. Program income earned by the Grantee during the grant funding Period must be reported in writing to DHSES in addition to any other statutory reporting requirements. Program income consists of income earned. by the grant recipient that is directly generated by a supported activity or earned as a iesult of the grant program. Program income includes, but is not limited to, income from fees for services performed, the use of rental or real or personal property acquired under federally - funded projects, the sale of commodities or items fabricated under an award, license fees and royalties on patents and copyrights and interest on loans made with federal award funds. For example, if the purpose of a grant is to conduct conferences, any training fees that are generated would be considered program income. Interest earned on grant funds is not considered program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to DHSES. Program income (not to include interest earned), generated by the use of these grant funds will be used to enhance the grant project. S. Any creative or literary work developed or commissioned by the Grantee with grant. support provided by DHSES shall become the property of DHSES, entitling DHSES to assert a copyright therein, unless the parties_ have expressly agreed otherwise in a written instrument signed by them. a) if DHSES shares its right to copyright such work with the Grantee, DHSES reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or .otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub - grant, or'contract under a grant or sub - grant; and (b) any rights of copyright to which a Grantee, sub - grantee, or a contractor purchases -9- l • M Appendix A -1 Rev. 02/26/2010 ownership with grant support. b) If the grant support provided by DHSES is federally- sponsored, the federal awarding agency also reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, sub -grant or contract under a grant or sub - grant; and (b) any rights of copyright to which a Grantee, sub- grantee, or a contractor purchases ownership with such grant support. c) The Grantee shall submit one copy of all reports and publications resulting from this Agreement to DHSES. Any document generated pursuant to this grant must contain the following language: "This project was supported by.a grant administered by the New York State Division of Homeland Security and Emergency Services and the U.S. Department of Homeland Security. Points of view in this document are those of the author: and - do not necessarily represent the official - position or policies of the New York State Division of Homeland Security and Emergency Services or the U.S. Department of Homeland Security." F. SAFEGUARDS FOR SERVICES AND CONFIDENTIALITY 1. Services performed pursuant to this Agreement ,must be 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. 2. 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. 3. Information relating to individuals who may receive services pursuant to this Agreement shall be maintained and used only for the purposes intended under the Agreement and in conformity with applicable provisions of federal and State Iaws and regulations, or as specified in this Agreement. G. AMENDMENT, SUSPENSION, TERMINATION OF AGREEMENT 1. The Grantee agrees that if the project is not operational within 60 days of the execution date of the Agreement, it will report by letter to DHSES the, steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the execution date of the Agreement, the Grantee will submit a second statement to DHSES.. explaining.% the delay.- DHSES may .either cancel the project and redistribute the .: funds or extend the implementation date of the project beyond the 90 -day period when warranted by extenuating circumstances. 2. DHSES will be allowed to extend, increase, amend, decrease or terminate this Agreement, upon. appropriate approval of the NYS Offices of Attorney General and /or State Comptroller, as follows: -10- Appendix A -1 Rev. 02126@010 a) Upon approval by the NYS Office of State Comptroller, the term of this Agreement may be extended in conjunction with the extension of the federal grant award from which this Agreement is funded, not to exceed a term of five years from the. initial start date. b) Upon approval by the NYS Office of State Comptroller, the amount of this Agreement may be increased provided the funds are used in accordance with the guidelines associated with this Agreement grant application kit, as outlined in Appendix D, and the scope of work has not substantially changed. c) This Agreement may be terminated at any time upon mutual written consent of DHSES and the Grantee. d) DHSES may decrease the level of funding or terminate the Agreement immediately, upon written notice of termination to the Grantee, if the Grantee fails to comply with the terms and conditions of this Agreement and/or with any laws, rules; regulations, policies or procedures- affecting this Agreement: e) This Agreement may be terminated for convenience upon thirty (30) days' notice to the Grantee. I DHSES reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and DHSES or, if the Grantee or principals of. the Grantee are. under investigation by a New York State Or local law enforcement agency for noncompliance with State or federal laws or regulatory provisions or, if in DHSES' judgment, -the services provided by the Grantee under the Agreement are unsatisfactory or untimely. i. DHSES shall provide the Grantee with written notice of noncompliance. ii. Upon-the Grantee's failure to correct or comply with the written notice by DHSES, DHSES reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. iii. DHSES reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon appropriate notification to the Grantee,. or upon reasonable assurance that the Grantee is not in compliance with these terms. 4. All notices per (a) (b) (c) (d) (e) mitted or required hereunder shall be in writing and shall be transmitted either: via certified or registered United States mail, return receipt requested; by facsimile transmission; by personal delivery; by expedited delivery :service; or by. e-mail. 5. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein,.or in the case of facsimile transmission or email, upon receipt. -11- Appendix A -1 Rev. 4212612410 6. The parties may, from time to time, specify any new or different address in the United States as their address for purpose of receiving notice under this Agreement by giving fifteen (15) days written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under this Agreement. Additional individuals may be designated writing by the parties for purposes of implementation and administration/billing, resolving issues and problems and/or for dispute resolution. 7. Upon receipt of the notice of termination, the Grantee agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees to not incur any new obligations after receipt of the notice without prior written approval by DHSES. 8. DHSES shall be responsible for payment on claims pursuant to costs incurred pursuant to terms of the AGREEMENT. In no event shall DHSES be liable for expenses and obligations. arising from the programs) in this Agreement after the termination date. H. AVAILABILITY OF FUNDS 1. If for any reason the State of New York or the federal government terminates its appropriation through DHSES or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of DHSES, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to DHSES for payment of such costs. Upon termination or reduction of this Agreement, all remaining funds paid to the' Grantee that are not subject to allowable costs already. incurred by the Grantee shall be returned to DHSES. In any event,, no liability shall be incurred by DHSES or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to DHSES because of disallowed expenditures after audit shall be its responsibility. 2. Unless otherwise specified, in accordance with the State Finance Law, the availability of federal and State funds budgeted as local assistance shall cease on September 15 of the year following the fiscal year in which the funds were appropriated, unless such funds are re- appropriated in the State Budget by the New York State Legislature. When local assistance funds are not • re- appropriated, vouchers must be received by DHSES by August 1st of the year following the fiscal year in which the funds were appropriated to ensure reimbursement. I. RETENTION OF RECORDS 1. Original records must be. retained for size .years following the submission of the final claim against this Agreement or the end of the Agreement Period, if later. In cases where litigation, a claim, or an audit is ongoing; the .records must be- retained until formal completion of the_ action and resolution of issues or the end of the six year Period, whichever is later. In the event of an audit,.the project manager or a designated responsible party must be prepared to produce source documents that substantiate claimed expenditures. DHSES requires that all documentation materials be organized, readily accessible, and 'cross - referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, .payroll registers, payroll tax records,. property records or equipment inventory records, etc., are to be kept in a fiscal office which is separate and apart from the program office, the -12- Appendix A-1 Rev. 0212612010 - project.manager must have access to these original records. Such fiscal records must readily identify the associated project. J. INDEMNIFICATION 1. The Grantee 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 Grantee or its sub- grantees pursuant to this Agreement. The Grantee shall indemnify and hold harmless the State of New York. 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. 2. The Grantee is 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. -13- •Bitffalo, City of 1 {Y11 Metropolitan Medical Response System l]d 0834215 MS11- 1003 -E00 b[[ll Appendix B - Project Budget Contract Period: 91112011- 8/31/2014 GRANT AMOUN MATCH AMOUNT Consultant Services Consultant to develop and administer training on simulation equipment 89,535.00 0.00 89,535.00 0.00 Equipment Asset/ Inventory management system 100,000.00 0.00 Training/Casualty simulator equipment 92,158.00' 0.00 192 0,00 ,: � Y ;� �, � t �'� '' � " ` 'rte �x `'� '�✓x2� ,� � k� •� a u a ''�'�� � � � r � � ? °" rt r§A "[+� -- 4: "'� Ydn'y_ '� S. -✓ 4.r., �-t. 3 k"a� :'' s \n^Y �,y f 4 ,_ - o�Y 0 Project Budget Summary. Grant Amount Total Match Amount Total Consultant' Services 89,535.00 0.00 Equipment 192,15 8.00 0.00 Total 281,593.00 0.00 ti Rev. 02/26/2010 APPENDIX C PAYMENT AND REPORTING SCHEDULE For All Grantees: 1. The Grantee agrees that this is a reimbursement -based contract; an advance may be provided 'as specified in Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed by the Grantee, Items or services not received are not eligible for reimbursement. Reimbursement requests need to include the following documents: • Signed Voucher and Fiscal Cost Report Detailed Itemization Forms or other forms deemed acceptable by DHSES of any budgeted category for which reimbursement is requested Written documentation of all required DHSES approvals, as appropriate 2. Grantee shall provide complete and accurate vouchers to the Agency in order to receive payment. Vouchers submitted to DHSES must contain all information and supporting documentation required by the Agreement, DHSES and the State Comptroller. Payment for vouchers submitted by the Grantee shall only be rendered electronically, unless a paper check is expressly authorized by the Director of DHSES, at the Director's sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with the ordinary State procedures and practices. The Grantee shall comply with the State Comptroller's procedures to authorize electronic payments. Authorization forms are available at the State Comptroller's website at www. ose.state.ny.us /epay /index.htm, by email at euunitnosc.state.ny.us, or by telephone at (518) 474 -4032. Grantee acknowledges that it will not receive payment on any vouchers submitted under this Agreement if it does not comply with the State Comptroller's electronic payment procedures, except where the Director has expressly authorized payment by paper check as set forth above. 3. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Final vouchers, reimbursement requests and reports must be submitted. within 30 days of the end of the grant contract period. Failure to voucher within this period may result in the Ioss of. grant funds. The Grantee must also refund all unexpended advances and any interest earned on the advanced funds. Property Records or Equipment Inventory Reports as defined in Appendix A -1, Paragraph 12, must be available at the conclusion of the grant contract period and submitted to DHSES upon request. 4. If at the end of this contract there remain any monies (advanced or interest earned on the advanced funds) associated with this contract in the possession of the Grantee, the Grantee shall submit a check or money order for that amount payable to the order of the New York State Division of Homeland Security and Emergency Services. Remit the check along with the final fiscal cost report within 30 days of termination of this grant contract to: Rev. 02/26/2010 4 1 � — NYS Division of Homeland Security and Emergency Services Federal Fiscal Unit State Campus - Building 7A 1220 Washington Avenue Albany, NY 12242 Vouchers shall be submitted in a format acceptable to DHSES and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as. contained in the Project Budget (Appendix B) and during the contract period. Such . voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program, 6. Fiscal cost reports must be submitted showing grant expenditures. They must also show the amount of interest earned to date on any advanced funds. All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemization forms or a form deemed acceptable to DHSES for personal service, fringe benefit and non - personal service expenditures or other documentation as required, and by a fiscal cost report for the reporting period. In the event that any expenditure for which the Grantee has been reimbursed by grant fiords is subsequently disallowed, DHSES, in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget reallocation. DHSES reserves the right not to release subsequent grant awards pending Grantee compliance with this Agreement. 7. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Contract Unit of DHSES. Payment of grant vouchers shall be made in accordance with the provisions of Article XI -A of the State Finance . Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of dete eligibility for interest payments. The Grantee must notify the Federal Fiscal Unit in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. S. Timely and properly completed New York'State vouchers, with supporting documentation when required, shall be submitted to: ra Rev. 02/26/2010 q3 NYS Division of Homeland Security and Emergency Services Attention: Contracts Unit State Office Building Campus -- Bldg. 7A 1220 Washington Avenue, Suite 610 Albany, NY 12242 9. The Grantee will submit program progress reports and one final report to DHSES on a prescribed form. provided by DHSES as well as any additional information or amended data as required. Progress reports will be Clue within 30 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. Progress reports will be due within 30 days of the last day of the calendar quarter from the start date of the program and the final report will be due upon c©mpletion'of the project or termination of this Agreement. Calendar quarters, for the purposes of making program progress reports, shall be as follows: 9� � E MN x .•` fr '�, cr , 3=.. �` 'k 1 .S .� '4 . L k' AN t. Ex. Fy ..a,' 4ti x�-� ,�a vy r §e January 1 - March 31 Aril 30 Aril 1 - June 30 July 30 July 1 - September 30 October 30 October. I'- December 31 January 30 The final report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 3 Buffalo, City of FYI I Metropolitan Medical Response System i- 834215 MS11- 1003 -EGO Appendix D - Program Workplan and Special Conditions This Program will be implemented by: Buffalo Fire Department Project Goal: Prevent terrorist attacks and mitigate against man -made and natural hazards; protect the people of New York, our critical infrastructure and key resources; prepare to respond to and recover froin both man -made and natural disasters. Objective # 1 To enhance integration of metropolitan area public health/medical and emergency managment (9.4, 9.6). Task # 1 Purchase allowable information technology equipment. Train appropriate personnel in the proper use of the equipment and place the equipment in service. Performance Measure # 1 Identify equipment ordered and received. Provide a brief narrative on the training of personnel and ,the deployment of equipment. Describe how the project enhanced the integration of metropolitan area public health/medical and emergency managment capabilities in the jurisdiction. Equipment accountability records are properly maintained. Provide explanation if equipment is received but not deployed, include deployment plans as appropriate. Objective # 2 To enhance sustainable homeland security training program (9.2). Task # 1 Conduct assessment to identify training needs related to homeland security initiatives. Provide training on equipment purchased to first responders. Performance Measure #.1 Training conducted. Provide brief narrative on type of training conducted to include at a minimum the number of personnel trained, the disciplines being trained'and the jurisdictions included in the training; roster of attendees maintained on file. Describe how the project enhanced the jurisdiction's prevention, response or recovery capabilities. Objective # 3 To enhance capabilities to respond to all- hazards events (9.1, 9.4). Task # 1 Purchase allowable medical equipment. Train appropriate personnel in the proper use of the equipment and place the equipment in service. Performance Measure # 1 identify equipment ordered and received. Provide a brief narrative on the training of personnel and the deployment of equipment. Describe how the project enhanced capabilities to respond to all- hazards events in the jurisdiction. Equipment accountability records are properly maintained. Provide explanation if equipment is received but not deployed, include deployment plans as appropriate. Objective # 4 To enhance sustainable homeland security exercise program (5.7). Task # 1 Design, develop, conduct, and/or participate in exercises in compliance with HSEEP guidelines to identify deficiencies within response capabilities to all hazard events. This in turn will help to identify training curriculum gaps. Submit After Action Reports/improvement Plans to DHSES within 60 days of exercise completion. Performance Measure # 1 Exercise conducted and After Action Reports/Improvement Plans completed and submitted to DHSES within 60 days of exercise completion. Provide brief narrative and report number of personnel involved, the disciplines involved and the jurisdictions participating; describe how the project enhanced the jurisdiction's prevention, response, or recovery capabilities. - B4falo, City of C834215 FY11 Metropolitan Medical Response System I MSI I- 1003 -E00 Appendix D - Program Workplan and Special Conditions 1. ALL GRANT FUNDS: A. Permissible Use of Funding 1. Homeland Security Grant Program (HSGP) funds must be used in accordance with the guidelines set forth in the FY 2011 HSGP application kit, which can be Iocated at . ! hIM: / /www.fema.gov/ government /grant/hsgp /iridex.shti > 2.. All planning, training and Chemical, Biological, Radiological and Nuclear Explosives (CBRNE) exercises and/or equipment purchased with FY 2011 HSGP funds must support the prevention, response and/or recovery goals set forth in New York State's Homeland Security Strategy represented by the list of priorities included in the grant applications and approved investment justifications. New York State's Homeland Security Strategy can be located on the NYS Division of Homeland Security and Emergency Services' (DHSES) website at f http: /Iwww.dhses.ny.goy /plaunffi #strat > 3. Designated Urban Areas under the Urban Areas Security Initiative (UASI) must have a charter document on file with the Federal Emergency Management Agency (FEMA) prior to drawing down FY 2011 UASI funding. The charter must address critical issues such as membership, governance structure, voting rights, grant management and administration responsibilities, and funding allocation methodologies. B. Record Requirements 1. Grantees shall keep an agenda and meeting minutes on We for all meetings conducted regarding HSGP funded activities. 2. Any documents produced as a result of these meetings such as plans, schedules, or procedures, will also be kept on file and be, made available to DHSES, upon request. C. Equipment Purchases I . Equipment purchased with grant funds must fall within the allowable equipment categories for the FY 2011 HSGP as listed on the web -based Authorized Equipment List (AEI.) on the Responder Knowledge Base (RKB) (https: / /www.rkb.us). 2. Grantees are responsible to request a determination of eligibility from the U.S. Department of Homeland Security (DHS), through DHSES, for'any item in question. Unless otherwise stated in the program guidance, equipment must meet all mandatory regulatory and/or DHS- adopted standards to be eligible for purchase using FY 2011.HSGP funds: 3. The New York State Communication Interoperability Plan (SLIP), as well as DHS Grant Guidance for grant funding, requires that all interoperabie communications equipment must be on the Authorized Equipment List (AEL) and that the use of APCO P -25 compliant equipment is a recommended technology to achieve emergency interoperable communications. D. Training & Exercise Related Activities 1. Any non -DHS approved training courses to be supported by this award must be submitted to DHS, through DHSES for certification. 2. All exercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). An Alter- Action Report/Improvement Plan (A AR /IP) must be prepared and submitted to DHSES following every exercise, regardless of type or scope. AAR/IPs. must conform to the HSEEP format and must be submitted within 60 days of completion of the exercise. 3. Grantees are required to be NIMS compliant. DHSES requires that Grantees contact their county point of contact to determine how the particular county requires reporting. Grantees are expected to complete the web based NIMSCAST report or provide the county with a completed paper copy of the NIMSCAST report. E. Law Enforcement Requirements I. Grantees that are law enforcement agencies agree that such funding shall be utilized for prevention, preparedness, and response initiatives consistent with the New York. State Homeland Security Strategy, and with Counter Terrorism Zone (CTZ) efforts at the State and local level. This will ensure that fiscal resources are used for seamless and .effective counter terrorism planning, training, information sharing, investigation, equipment acquisition, and response functions. 2. Particular attention must be paid to equipment and technology acquisitions, and, where similar technology already exists in the State's law enforcement communities, grantees will ensure that interoperability between and among existing law enforcement systems, and the New York State Intelligence Center (NYSI is accomplished. -Bi ffalo, City of FY11 Metropolitan Medical Response System C834215' MS11- 1003 -EOO Appendix D - Program Workplan and Special Conditions 3. Grantees further agree to consult with the NYSIC to ensure agency participation and inclusion in New York State's Field Intelligence Officer (FIO) Program. F. EHP Requirements I. Grantees shall comply with aIl applicable federal, State, and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). 2. Failure of Grantees to meet federal, State, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Grantees shall not undertake any project having the potential to impact EHP resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. Grantees must comply with all conditions placed on the project as the result of the EHP review. 3. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. 4. If ground disturbing activities occur during project implementation, Grantees must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, such Grantee will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. 5. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non - compliance finding. For your convenience, the screening form is available at: <http: / /www.dhses.ny.gov /grants / #ehp> G. Equipment Maintenance.Requirements 1. Grantees must track grant funds used for maintenance contracts, warranties, repair or replacement costs and upgrades, and report such expenditures in fiscal and program reports. II. ADDITIONAL REQUIREMENTS FOR TARGETED GRANT PROGRAMS: A. Explosive Detection Canine Team Grant Program - 1. Grantees are required to follow New York State Division of Criminal Justice Services (DCJS) or New York State Police (NYSP) guidelines for maintenance training in order to meet the annual recertification requirements for canines purchased with these grant funds. 2. This requirement includes attending training in which a DCJS certified canine explosives trainer is present and completes the proper documentation of such training for recertification, or attending NYSP regional explosives detection canine training as per their protocol. 3. Grantees must make these records available to DHSES, upon request, for review to ensure compliance with these conditions. 4. Grantees must participate in the Department of Homeland Security's Office for Bombing Prevention (OBP) Explosive Detection Canine Capability Analysis Program. B. Operation SPIDER/RED Cell Team Exercises I. To satisfy the programmatic reporting requirements for Operation SPIDER/Red Team Exercises, recipient is required to submit only one program progress report per Operation/Red Team Exercise to DHSES. This report is due 30 days after the last day of each Operation/Exercise. After Action Reports (AARs) must be submitted to DHSES for.each Red_ Team Exercise within 30 days of the last day of each Red Team Exercise. C. Bomb Squad Initiative I . For the performance period of this grant, all bomb squads awarded grant funds by DHSES must establish, maintain and, when requested by DHSES, demonstrate the capability to wirelessly transmit radiological spectra data files from the field in real -time. These files must be transmitted to designated "reach- back" and scientific support elements in the Domestic Nuclear Detection Office (DNDO's) "Securing the Cities" Initiative or New York Statewide Radiological Detection and Interdiction Program. As necessary, funds from this award can be utilized to establish and/or maintain this capability as budgeted in approved App endix B Project Budget. Mr. Smith moved: Grants (Item No. 13, C.C.P. April 17, 2012) That the above communication from the Commissioner of Fire, dated April 11, 2012, be received and filed; and That the Commissioner of Fire, be, and hereby is authorized on behalf of the City to accept the award of a grant, totaling $281,693.00 (federal funds) from the NYS Division of Homeland Security and Emergency Services 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 Fire Department's receipt and utilization of the grant finding. The grant is a reimbursement based type of grant. There is no City funding match required. Passed. F __ Chairman T:\wp60�MP1COUNCIL\4 -17 -12 meetin ftrant- fire.doc { FROM THE CORPORATION COUNSEL April 17, 2012 93 (Rev 1 -02) Certificate of Appointment G 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: April 3, 2012 in the Department of Law Division of Law to the Position of Deputy Corporation Counsel Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON- COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM jEnter Starting Salary) : Starting Salary of $82,326.00 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Delia Cadle DATE ADDRESS 39 Larchmont CITY & ZIP Buffalo, NY 14214 LAST 4 DIGITS OF SSN, XXX -XX -6649 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. 1D PERSONNEL REQ. NO 2011 -107 SALARY RANGE OF POSITION $82,326.00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Timothy A. Ball Corporation Counsel April 2, 2012 ORIGINAL + 3 COPIES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 00 1-1) •. G 1 #4 (Rev 7 -07) : 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 appointment(s) or . promotion(s). I further certify that the person(s) named in Schedule "A" have been oertif ed or approved by the Human Resources /Civil Service for the Appointment Effective: April 3, 2012 in the Depailment of LaW Division of Law to the Position of Assistant Corporation Counsel I (Muni) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT` Open- Competitive, Promotional, Non- Competitive, (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly .(insert one) MINIMUM (Enter Starting Salary): Starting Salary of $'63,686.00 LAST JOB TITLE NAME Bryan Dolin LAST DEPARTMENT DATE ADDRESS 25 St. Johns PI. - Apt, 2. LAST SALARY CITY & ZIP . Buffalo, New York 14201 LAST 4 DIGITS OF SSN. XXX -XX -9297 _... LAST TITLE. NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST DIGITS OF SSN. XXX XX REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 - TITLE'CODE NO BUDGETACCT.OB,I. 411001 PROJ. ID PERSONNELREQ. NO 2011 -108' SALARY RANGE OF POSITION'. $63,686,00 to $63,211:00 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Timothy X Ball TITLE OF APPOINTING. AUTHORITY: Corporation Counsel DATE: . April 2, 2012 SIGNATURE OF APPOINTING AUTHORITY: T - ORIGINAL + 2 COPIES TO; CITY CLERK ION /BEFORE APPOINTMENT DATE] J^ OTHER COPIES TO: 43- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDbET v #B- DEPARTMENT #7- DIVISION #S EMPLOYEES) J #3 (Rev 1 -02) 00 00 l Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of 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: April 3, 2012 in the Department of Law, Division of Law to the Position of Senior Deputy Corporation Counsel Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) NON COMPETITIVE Minimum, Intermediate, Maximum, Flat (Insert one) MINIMUM Enter Starting Salary) : Starting Salary of $84,564 LAST JOB TITLE Deputy Corporation Counsel NAME Peter J. Savage,. III LAST DEPARTMENT Law DATE April 3, ADDRESS 34 Blantyre 2012 LAST SALARY $82,326 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -0075 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10546001 TITLE CODE NO BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -106 SALARY RANGE OF POSITION $84,564 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Timothy A. Ball TITLE OF APPOINTING. AUTHORITY: Corporation Counsel DATE: April 2, 2012 SIGNATURE OF APPOINTING AUTHORITY: �. ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) � Q3 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES April 17, 2012 [ L ( OU 21 TO: THE COMMON COUNCIL DATE: April 11, 2012 FROM: Department Permit & Inspection Services Office of Licenses SUBJECT: [: Food Store License Renewals I� I� PRIOR COUNCIL REFERENCE: (IF ANY) Ext. ( Item No. xxx, C.C.P. x Pursuant to Chapter 194 of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals," attached End a list of all Food Stores expiring on April 1, 2012. As per Chapter 194 -7 on or before the first day of May, the Common Council shall notify this department, in writing, each license it believes requires investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it deems pertinent to the investigation of the licensee. 1� Signature: Department Title: JAMES COMERFO COMMISSIONER REF E RRED TO THE POMMITTEI ON LEGIS L 1 ®N. '._ \1 License # Business Name Address FST11- 558258 SOUTH BUFFALO TRADING COMPANY 1005 ABBOTT BUFFALO NY 14220 FST11- 562930 MK MINI MART II 140 ABBOTT BUFFALO NY 14220 FST11- 560988 SOUTH BUFFALO FOOD CORPORATION 516 ABBOTT BUFFALO NY 14220 FST11- 526987 RITE AID #1816 845 ABBOTT BUFFALO NY 14220 FST11- 524790 HOLLEY FARM INC 235 ALLEN BUFFALO NY 14201 FST11- 524794 FOOD PLUS MARKET 414 AMHERST EAST BUFFALO NY 14215 FST11- 531458 Y & J MINI MARKET 553 AMHERST EAST BUFFALO NY 14215 FST11- 557001 AMHERST FOOD EXPRESS MART INC. 62 AMHERST EAST BUFFALO NY 14214 FST11- 538141 BEST DEAL MINI MART 268 AMHERST ST BUFFALO NY 14207 FST12- 10024681 LUCY TAKE -OUT & VARIETY STORE 388 AMHERST ST BUFFALO NY 14207 FST11- 542603 SPAR'S EUROPEAN SAUSAGE SHOP 405 AMHERST ST BUFFALO NY 14207 FST11- 532975 BLACK ROCK FOOD CENTER 440 AMHERST ST BUFFALO NY 14207 FST11- 524865 TRAN'S DELI 65 AMHERSTST BUFFALO NY 14207 FST11- 524796 FAMILY FOOD MARKET 412 AUBURN BUFFALO NY 14213 FST11= 556471 PYRAMID EXPRESS HSD 365 AUBURN BUFFALO NY 14214 . FST11- 548281 BAILEY MINI- MARKET 1245 BAILEY BUFFALO NY 14206 FST11- 526211 FIYA FOOD MART 2021 BAILEY BUFFALO NY 14211 FST11- 559654 FERRY EXPRESS MART 4 2239'BAILEY BUFFALO NY 14211 FST11- 524799 M & N MINI MARKET 2360 BAILEY BUFFALO NY 14211 FST11- 526975 RITE AID #1511 2474 BAILEY BUFFALO NY 14215 FST11- 556884 NYC MARKET 2483 BAILEY BUFFALO NY 14215 FST11- 560859 KADI MINI MART 2534 BAILEY BUFFALO NY 14215 FST11- 553095 FAMILY DOLLAR #5242 2565 BAILEY BUFFALO NY 14215 FST11- 553380 SCHRECK GROCERY 2594 BAILEY BUFFALO NY 14215 FST11- 524802 FARM FRESH MARKET 2724 BAILEY BUFFALO NY 14215 FST11- 543615 FASTRAC MARKETS LLC 2751 BAILEY BUFFALO NY 14215 FST11- 548461 DOWNTOWN ENTERPRISES A H INC 2756 BAILEY BUFFALO NY 14215 FST11- 544266 BIG DADDY FOOD & SUPPLIES MARKET 2883 BAILEY BUFFALO NY 14215 FST11- 558771 BIG DADDY FOOD & SUPPLY MARKET 2883 BAILEY BUFFALO NY 14215 FST11- 524873 DUCAN GROCERY 2906 BAILEY BUFFALO NY 14215 FST11- 545134 BAILEY MARKET 2997 BAILEY BUFFALO NY 14215 FST11- 524806 IMPERIAL FOOD MARKET 3045 BAILEY BUFFALO NY 14215 FST11- 560840 DOLLAR GENERAL #12803 3079 BAILEY BUFFALO NY 14215 FST11- 563041 WEST AFRICAN INTERNATIONAL MARKET 3125 BAILEY BUFFALO NY 14215 FST11- 540320 Kl -MINI FOOD MARKET 3154 BAILEY BUFFALO NY 14215 FST11- 524872 BAILEY FOOD MARKET 3209 BAILEY BUFFALO NY 14215 FST11- 548474 4 -H TIP TOP ENTERPRISES 3215 BAILEY BUFFALO NY 14215 FST11- 539155 AN CHAU ASIAN MARKET 3304 BAILEY BUFFALO NY 14215 FST11- 524808 BAILEY FISH & SEAFOOD INC. 3314 BAILEY BUFFALO NY 14215 FST11- 524876 LEE'S ORIENTAL GIFTS & FOOD 3329 BAILEY BUFFALO NY 14215 FST11- 524809 BAILEY EXPRESS MARKET 3343 BAILEY BUFFALO NY 14215 FST11- 10024469 Family Dollar Stores of New York Inc. 3364 BAILEY BUFFALO NY 14215 FST11- 541001 WILSON FARMS 3428 BAILEY BUFFALO NY 14215 FST11- 560663 PETROMARK INC 3444 BAILEY BUFFALO' NY 14215 FST11- 551339 ALFY'S FOOD MARKET 465 BEST BUFFALO NY 14208 FST11- 548148 BROADWAY MART 1069 BROADWAY BUFFALO NY 14212 FST11- 524887 UNITED'S MART 1114 BROADWAY BUFFALO NY 14212 FST11- 550715 FOOD PORT ENTERPRICES 1215 BROADWAY BUFFALO NY 14212 FST11- 546074 BUFFALO MINI MART 1291 BROADWAY BUFFALO NY 14212 FST11- 556221 BROADWAY CONVENIENCE DELI 1305 BROADWAY BUFFALO NY 14212 FST11- 559700 BROADWAY MART & DELI 1358 BROADWAY BUFFALO NY 14212 FST11- 529566 FAMILY DOLLAR #4426 1370 BROADWAY BUFFALO NY 14212 FST11- 524629 SUPERSAVER 1482 BROADWAY BUFFALO NY 14212 FST11- 552438 ROYAL BROADWAY FOOD INC 1517 BROADWAY BUFFALO NY 14212 FST11- 541512 WILSON FARMS 1538 BROADWAY BUFFALO NY 14212 FST11- 525248 SUPER STOP GAS -N -FOOD 1547 BROADWAY BUFFALO NY 14212 FST11- 526286 RITE AID #10825 1625 BROADWAY BUFFALO NY 14212 FST11- 535152 FAMILY DOLLAR #4705 1730 BROADWAY BUFFALO NY 14212 FST11- 526931 DOWNTOWN TRADING CO 51 BROADWAY BUFFALO NY 14203 FST11- 552994 BROADWAY LUCKY MARKET 825 BROADWAY BUFFALO NY 14212 FST11- 524815 CHARLIES FOOD MART 927 BROADWAY BUFFALO NY 14212 FST11- 530468 PARKSIDE PHARMACY 975 BROADWAY BUFFALO NY 14212 FST11- 555656 HOPE WAY MARKET 385 BUSTI BUFFALO NY 4201 FST11- 524639 RED APPLE FOOD MART M0329 1779 CLINTON BUFFALO NY 14206 FST11- 524640 CLINTON MINI MART 1876 CLINTON BUFFALO NY 14206 FST11- 524840 BABCIA'S DELI 1972 CLINTON BUFFALO NY 14206 FST11- 524641 CORNER STORE 2050 CLINTON BUFFALO NY 14206 FST11- 524846 B -RITE MARKET FST11- 554596 CLINTON EXPRESS FST11- 560136 COLVIN MARKET EXPRESS LLC FST11- 537494 C & K THE CORNER STORE FST11- 534824 COMSTOCK DELI & GROCERY FST11- 526989 RITE AID #1962 FST11- 524875 PH U -THAI FST11- 556432 THE CORNER STORE FST11- 559042 HOLLY GROCERY FST11- 552923 SUNOCO FOOD MART FST11- 556333 CITY CENTER GROCERY FST11- 524670 HOLLEY FARM MARKET II FST11- 539113 TEXAS GAS CONVENIENT MARKET FST11- 526993 RITE AID #1869 FST11- 539950 DELAVAN DISCOUNT DELI FST11- 559863 SAVE $ PLUS FST11- 529452 FAMILY DOLLAR #5040 FST11- 524740 PRIME STOP FST11- 560306 CITY MARKET & DELI FST11- 535761 TRADE FAIR FOOD MARKET FST11- 545568 I & A FOOD MARKET, LLC FST11- 524751 A PLUS AUTO INC FST11- 526986 RITE AID #3521 FST11- 553847 MOBIL FOOD MART FST11- 564235 7- EVELVEN INC. FST11- 555626 DELAWARE MART INC. FSTII- 532426 DOLLAR TREE #1422 FST11- 539521 FEEL RITE FRESH MARKETS FST11- 541504 WILSON FARMS FST11- 524900 RITE PRICE MARKET FST11- 524755 SUNOCO INC (R & M) #7341 FST11- 524902 WALGREENS #03288 FST11- 559106 WILSON FARMS FST11- 551738 WNY PETRO 905 CLINTON BUFFALO NY 14210 1270 CLINTON BUFFALO NY 14204 117 COLVIN BUFFALO NY 14216 626 COLVIN BUFFALO NY 14216 262 COMSTOCK BUFFALO NY 14215 284 CONNECTICUT BUFFALO NY 14213 356 CONNECTICUT BUFFALO NY 14213 384 CONNECTICUT BUFFALO NY 14213 490 CONNECTICUT BUFFALO NY 14213 1266 DELAVAN EAST BUFFALO NY 14215 1531 DELAVAN EAST BUFFALO NY 14215 281 DELAVAN EAST BUFFALO NY 14208 473 DELAVAN EAST BUFFALO NY 14214 752 DELAVAN EAST BUFFALO NY 14215 817 DELAVAN EAST BUFFALO NY 14211 912 DELAVAN EAST BUFFALO NY 14215 736 DELAVAN EAST BUFFALO NY 14212 761 DELAVAN EAST BUFFALO NY 14215 1245 DELAVAN EAST BUFFALO NY 14215 1345 DELAVAN EAST BUFFALO NY 14215 1445 DELAVAN EAST BUFFALO NY 14215 1390 DELAWARE BUFFALO NY 14209 1410 DELAWARE BUFFALO NY 14209 2058 DELAWARE BUFFALO NY 14216 2058 DELAWARE BUFFALO NY 14216 2075 DELAWARE BUFFALO NY 14216 2130 DELAWARE BUFFALO NY 14216 2141 DELAWARE BUFFALO NY 14216 2462 DELAWARE BUFFALO NY 14216 2484 DELAWARE BUFFALO NY 14216 2731 DELAWARE BUFFALO NY 14216 636 DELAWARE BUFFALO NY 14202 136 DIVISION NORTH BUFFALO NY 14203 572 DIVISION SOUTH BUFFALO NY 14210 FST11- 541106 BARIA DELI FST11- 558059 DODGE EXPRESS MART INC. FST11- 542537 TRADE FAIR FOOD MART #2 FST11- 524761 RICOTA FOOD SHOP FST11- 543661 CAMERON'S 24 HOUR STORE FST11- 524768 ELMWOOD- FOREST MOBIL FST11- 524769 STEFFIES FOOD MARKET FST11- 540983 ALDI IN C FST12- 10024611 NICKEL CITY CHEESE AND MERCANTILE FST11- 526982 RITE AID #499 FST11- 554958 ELMWOOD EXPRESS MINIMART, INC. FST11- 10024551 FAST LINK INC. FST11- 548526 THE VILLAGE BEER MERCHANT FST11- 524906 ALLENTOWN FOOD MART FST11- 541503 WILSON FARMS FST11- 556323 PENZEY'S SPICES COMPANY FST11- 542259 ELMWOOD SUNOCO FST11- 552547 DOLLAR GENERAL #8207 FST11- 535193 ELMWOOD BEST MART FST11- 562955 ALKADI 2 MARKET FST11- 525007 PELLICANO MARKET FST11- 561313 CITY CANDY GROCERY FST11- 539728 BOON BEE STORE FST11- 548150 FERRY COMMUNITY MARKET FST11- 559914 FERRY COMMUNITY MARKET FST11- 524848 GRANT'S VARIETY SHOPPE FST11- 547529 CITY MARKET FST11- 539161 QUICK SHOP FST11- 524853 NASHWAN MINI MARKET FST11- 546378 MANDELA MARKETS FST11- 540980 EAST FERRY CLOVER FARMS FST11- 524548 UMOJA FOOD STORE FST11- 544556 ALMATRAHI MARKET FST11- 557628 SAM'S GROCERY 160 DOAT BUFFALO NY 14211 529 DODGE BUFFALO NY 14204 364 EGGERT BUFFALO NY 14215 206 ELK BUFFALO NY 14210 1054 ELMWOOD BUFFALO NY 14222 1131 ELMWOOD BUFFALO NY 14222 1592 ELMWOOD BUFFALO IVY 14207 2090 ELMWOOD BUFFALO NY 14207 423 ELMWOOD BUFFALO NY 14222 424 ELMWOOD BUFFALO NY 14222 456 ELMWOOD BUFFALO NY 14222 478 ELMWOOD BUFFALO NY 14222 555 ELMWOOD BUFFALO NY 14222 74 ELMWOOD BUFFALO NY 14201 776 ELMWOOD BUFFALO NY 14222 783 ELMWOOD BUFFALO NY 14222 905 ELMWOOD BUFFALO NY 14222 1833 ELMWOOD BUFFALO NY 14207 233 ELMWOOD SOUTH BUFFALO NY 14201 187 ESSER BUFFALO NY 14207 475 FARGO BUFFALO NY 14213 544 FARGO BUFFALO IVY 14213 591 FARGO BUFFALO NY 14213 1021 FERRY EAST BUFFALO NY 14211 1021 FERRY EAST BUFFALO NY 14211 1055 FERRY EAST BUFFALO NY 14211 1069 FERRY EAST BUFFALO NY 14211 1148 FERRY EAST BUFFALO NY 14211 169 FERRY EAST BUFFALO NY 14208 272 FERRY EAST BUFFALO NY 14208 432 FERRY EAST BUFFALO NY 14208 950 FERRY EAST BUFFALO NY 14211. 163 FERRY WEST BUFFALO NY 14213 163 FERRY WEST BUFFALO IVY 14213 C; FST11- 564240 FST11- 542866 FST11- 529571 FST11- 526297 FST11- 526314 FST11- 556805 FST11- 546086 FST11- 524559 FST11- 554783 FST11- 560601 FST11- 540645 FST11- 544762 FST11- 531112 FST11- 532421 FST11- 524569 FST11- 524554 FST11- 559848 FST11- 556849 FST11- 541502 FST11- 536293 FST11- 545805 FST11- 562422 FST11- 526979 FST11- 533854 FST11- 545421 FST11- 540644 FST11- 559480 FST11- 540720 FST11- 556332 FST11- 524595 FST11- 548462 FST11- 562627 FST11- 529361 FST11- 560633 SAM'S FOOD MART ISLAND MINI MART FAMILY DOLLAR #4665 RITE AID #10826 DOLLAR GENERAL #8427 FERRYAND HOYT CONVENIENCE STORE PFKES.PEAK MARKET FILLMORE UTICA FOOD MART AJWANI MARKET FERRY EXPRESS V LLC CITY CORNER FOOD PLUS SUNOCO A PLUS STAR MARKET FILLMORE MINI MART MYHEEB DELI METRO FOOD MART PUERTO RICO BAKERY & GROCERY JUBBA FOOD STORE AND TAILOR WILSON FARMS HOTHARA FOOD MART UNITED EXPRESS DELI DOLLAR GENERAL RITE AID #2448 GOLD STAR GAS MART UNIVERSAL MARKET GENESEE GROCERY & DELI THE ISLAND FOOD MART THE CORNER STORE #1733 SPEEDY MARKET C & E MARKET BETTER BUY MARKET GENESEE'S GOT IT ALL DELI SAVE -A -LOT SNAP MART OF BUFFALO, INC 163 FERRY WEST BUFFALO NY 14213 232 FERRY WEST BUFFALO NY 14213 253 FERRY WEST BUFFALO NY 14213 289 FERRY WEST BUFFALO NY 14213 305 FERRY WEST BUFFALO NY 14213 394 FERRY WEST BUFFALO NY 14213 1318 FILLMORE BUFFALO NY 14211 1370 FILLMORE BUFFALO NY 14211 1426 FILLMORE BUFFALO NY 14211 1507 FILLMORE BUFFALO NY 14211 1538 FILLMORE BUFFALO NY 14211 1981 FILLMORE BUFFALO NY 14214 2116 FILLMORE BUFFALO NY 14214 2187 FILLMORE BUFFALO NY 14214 2289 FILLMORE BUFFALO NY 14214 393 FILLMORE BUFFALO NY 14206 212 FOREST BUFFALO NY 14213 215 FOREST BUFFALO NY 14213 256 FOREST BUFFALO NY 14213 177 FRENCH BUFFALO NY 14211 1047 GENESEE BUFFALO NY 14211 1055 GENESEE BUFFALO NY 14211 1076 GENESEE BUFFALO NY 14211 1114 GENESEE BUFFALO NY 14211 1264 GENESEE BUFFALO NY 14211 1522 GENESEE BUFFALO NY 14211 1635 GENESEE BUFFALO NY 14211 1727 GENESEE BUFFALO NY 14211 1799 GENESEE BUFFALO NY 14211 1930 GENESEE BUFFALO NY 14211 2005 GENESEE BUFFALO NY 14211 2043 GENESEE BUFFALO NY 14211 2160 GENESEE BUFFALO NY 14211 2183 GENESEE BUFFALO NY 14211 FV, FST11- 541008 WILSON FARMS 2275 GENESEE BUFFALO NY 14211 FSTII- 542379 SHERMAN DELI 819 GENESEE BUFFALO NY 14211 FST11- 529449 FAMILY DOLLAR #4950 1197 GENESEE BUFFALO NY 14212 FST11- 553576 SUPER PRICE CHOPPERS 1580 GENESEE BUFFALO NY 14215 FST11- 563477 GEORGIA DELI 272 GEORGIA BUFFALO NY 14201 FST11- 546376 YASIN MARKET 1044 GRANT BUFFALO NY 14207 FST11- 541896 FRONTIER BEVERAGE 133 GRANT BUFFALO NY 14213 FST11- 541051 WILSON FARMS 171 GRANT BUFFALO NY 14213 FST11- 557067 MARKA HALAL MARKET 183 GRANT BUFFALO NY 14213 FST11- 525009 GUERCIO & SONS 250 GRANT BUFFALO NY 14213 FST11- 556342 GRANT AND DELAVAN FAMILY MARKET 302 GRANT BUFFALO NY 14213 FST11- 558065 AFRICAN MARKET CENTER 355 GRANT BUFFALO NY 14213 FST11- 533831 DISCOUNT FOOD MARKET 407 GRANT BUFFALO NY 14213 FST11- 558856 GRANT INTERNATIONAL MARKET PLACE STORE 472 GRANT BUFFALO NY 14213 FST11- 10024582 Sagarmatha Groceries, LLC 489 GRANT BUFFALO NY 14213 FST11- 529573 FAMILY DOLLAR #3113 492 GRANT BUFFALO NY 14213 FST11- 559755 SHAKER'S NICE PRICE MARKET 68 GRANT BUFFALO NY 14213 FSTI1- 561515 GOLDEN BURMA ASIA FOODS INC. 92 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BUFFALO NY 14216 IN FST11- 524578 FST11- 526315 FST11- 524914 FST11- 524579 FST11- 531463 FST11- 532176 FST11- 524893 FST11- 526316 FST11- 541146 FST11- 524918 FST11- 559865 FST11- 529569 FST11- 541216 FST11- 524921 FST11- 541206 FST11- 547020 FST11- 557623 FST11- 559331 FST11- 548185 FST11- 563433 FST11- 531113 FST11- 524601 FST11- 10024522 FST11- 555445 FST11- 529453 FST11- 528449 FST11- 561517 FST11- 537497 FST11- 529572 FST11- 546381 FST11- 536285 FST11- 524606 FST11- 560963 FST11- 524928 SUNOCO A -PLUS DOLLAR GENERAL #8896 WALGREENS #03290 DASH'S MARKET BLACK ROCK BEVERAGES CAZ MINI MART HERTEL NEWS & TOBACCO DOLLAR GENERAL #8960 CEDO'S MINI MART N M GROCERY GOLD STAR MINI MART FAMILY DOLLAR #1551 HOLLYWOOD NIGHTS PRIME SHOP JEFFERSON FOOD MARKET TRINIS TROPICAL BUFFALO DISCOUNT FOOD MARKET WILLERT PARK FOOD MARKET JEFFERSON EXPRESS MART BIG KASHA MINI MARKET BIG BASHA MARKET & BEAUTY SUPPLIES SHOP - N - GO JERSEY FOOD MARKET FAMILY DOLLAR OF NY INC. PRICE RITE OF KENMORE AVENUE FAMILY DOLLAR #3845 DOLLAR GENERAL #9028 KEN /SUFF MART GOLDEN FARMS LLC FAMILY DOLLAR #2160 AM PM GAS MART MID -CITY MARKET LLC. CITY FOOD WNY BROTHER'S ENTERPRISES INC. SUPER STOP MARKET 1301 HERTEL BUFFALO NY 14216 1336 HERTEL BUFFALO NY 14216 1556 HERTEL BUFFALO NY 14216 1764 HERTEL. BUFFALO NY 14216 538 HERTEL BUFFALO NY 14207 576 HERTEL BUFFALO NY 14207 1416 HERTEL BUFFALO NY 14216 212 HOLDEN BUFFALO NY 14214 674 HOPKINS BUFFALO NY 14220 219 HUDSON BUFFALO NY 14201 309 HUDSON BUFFALO NY 14201 1289 JEFFERSON BUFFALO NY 14208 1304 JEFFERSON BUFFALO NY 14208 1614 JEFFERSON BUFFALO NY 14208 1632 JEFFERSON BUFFALO NY 14208 279 JEFFERSON BUFFALO NY 14204 473 JEFFERSON BUFFALO NY 14204 749 JEFFERSON BUFFALO NY 14204 845 JEFFERSON BUFFALO NY 14204 845 JEFFERSON BUFFALO NY 14204 984 JEFFERSON BUFFALO NY 14204 315 JERSEY BUFFALO NY 14201 1700 KENMORE BUFFALO'NY 14216 1716 KENMORE BUFFALO NY 14216 710 KENMORE BUFFALO NY 14216 346 KENMORE BUFFALO NY 14223 1199 KENSINGTON BUFFALO NY 14215 1347 KENSINGTON BUFFALO NY 14215 1431 KENSINGTON BUFFALO NY 14215 1440 KENSINGTON BUFFALO NY 14215 59 KENSINGTON BUFFALO NY 14214 711 KENSINGTON BUFFALO NY 14215 900 KENSINGTON BUFFALO NY 14215 970 KENSINGTON BUFFALO NY 14215 FST11- 559107 FST11- 524609 FST11- 544883 FST11- 548282 FST11- 540997 FST11- 526994 FST11- 524929 FST11- 524933 FST11- 561208 FST11- 558244 FST11- 549237 FST11- 562100 FST11- 526288 FST11- 531832 FST11- 524931 FST11- 524934 FST11- 526978 FST11- 553429 FST11- 557223 FST11- 559400 FST11- 551736 FST11- 545553 FST11- 524692 FST11- 549121 FST11- 560433 FST11- 544649 FST11- 524694 FST11- 524945 FST11- 526313 FST11- 553467 FST11- 524701 FST11- 558128 FST11- 524709 FST11- 557643 PETERS FOOD MART 11 MOZEB'S GROCERY LEROY SAVE MORE BUFF CITY EXCLUSIVE WILSON FARMS RITE AID #1807 GANCI'S EXPRESS FOOD MART MAIN FOOD MART MAIN UTICA MARKET FAMILY DOLLAR STORES OF NEW YORK INC. AROUND THE CLOCK EXPRESS MART A & H MAIN FLORENCE GROCERY DELI RITE AID #10827 MAIN MINI MARKET ALDI INC WALGREENS #03857. RITE AID #565 DOWNTOWN FOOD MART RUSH HOUR PEE -WEE'S VARIETY STORE CITY WIDE FOOD MARKET MARINA MARKET A & A FOOD MARKET MEKONG EXPRESS BEST BROTHER'S MARKET MINIMAX EXPRESS CORNER STOP MINI MART II NOCO EXPRESS SHOP DOLLAR GENERAL #8177 SUNRISE MARKET FAST STOP FOOD MART OCEAN GARDEN ORIENTAL FOODS INC. G & G PETROLEUM MANAR ISLAMIC FASHION 684 LA SALLE BUFFALO NY 14215 3 LAKEVIEW BUFFALUNY 14201 435 LEROY BUFFALO NY 14215 90 LISBON BUFFALO NY 14214 1095 LOVEJOY BUFFALO NY 14206 1220 LOVEJOY BUFFALO NY 14206 1241 LOVEJOY BUFFALO NY 14206 1128 MAIN BUFFALO NY 14209 1373 BUFFALO NY 14209 1384 MAIN BUFFALO NY 14209 1407 MAIN BUFFALO NY 14209 2248 MAIN BUFFALO NY 14214 2585 MAIN BUFFALO NY 14214 2608 MAIN BUFFALO NY 14214 3060.MAIN BUFFALO NY 14214 3490 MAIN BUFFALO NY 14214 450 MAIN BUFFALO NY 14202 472 MAIN BUFFALO NY 14202 900 MAIN BUFFALO NY 14202 2321 MAIN BUFFALO NY 14208 137 MAPLE BUFFALO NY 14204 1 MARINE BUFFALO NY 14202 274 MARYLAND BUFFALO NY 14201 174 MASSACHUSETTS BUFFALO NY 14213 235 MASSACHUSETTS BUFFALO NY 14213 319 MASSACHUSETTS BUFFALO NY 14213 445 MASSACHUSETTS BUFFALO NY 14213 1039 MCKINLEY PKWY BUFFALO NY 14220 878 MCKINLEY PKWY BUFFALO NY 14220 473 MICHIGAN BUFFALO NY 14204 326 MILITARY BUFFALO NY 14207 1233 NIAGARA BUFFALO NY 14213 1531 NIAGARA BUFFALO NY 14213 1902 NIAGARA BUFFALO NY 14207 FST11- 552817 DOYLE'S FOOD FST11- 558520 SUN FOOD MARKET LLC FST11- 554034 THE LIMIT SPOT FST11- 541506 WILSON FARMS FST11- 549629 FOOD MART FST11- 10024470 River Front Market FST11- 528894 FAMILY DOLLAR #3949 PST11- 524703 NIAGARA FOOD PLUS FST11- 526984 RITE AID #497 FST11- 561396 LIN ASIAN MARKET FST11- 560530 AFRICAN HALL FST11- 556430 FAMILY DOLLAR #8078 FST11- 556845 BROTHERS HALAL MARKET FST11- 550511 GOD IS LOVE LAREFERENCE FST11- 533388 A CHAU ORIENTAL FOOD & GIFTS FST11- 555571 RED SEA FOOD MARKET FST11- 557796 PIZZA TOWN I FST11- 564299 ZIP'S FOOD FST11- 559681 ALHANNAH FOOD FST11- 546075 NIAGARA ASIAN MARKET FST11- 556112 GARANG INTERNATIONAL MARKET FST11- 548623 214 ELMWOOD AVE FST11- 557534 NORTHLAND GROCERY FST11- 549333 0 D'S FOOD MART FST11- 529570 FAMILY DOLLAR #5273 FST11- 545044 ONTARIO EXPRESS FST11- 524841 SAVE -A -LOT FST11- 553873 RAY'S CONVENIENT SHOP FST11- 541009 WILSON FARMS FST11- 554687 GETTY MART /BKY ENTERPRISE CORP FST11- 524789 BILL'S FOOD MART FST11- 524643 HOLLY FARMS INC. FST11- 564302 FM DELI & GROCERY FST11- 542530 MAMMON CITGO MART 1981 NIAGARA BUFFALO NY 14207 1989 NIAGARA BUFFALO NY 14207 2050 NIAGARA BUFFALO NY 14207 2080 NIAGARA BUFFALO NY 14207 211 NIAGARA BUFFALO NY 14201 2205 NIAGARA BUFFALO NY 14207 2207 NIAGARA BUFFALO NY 14207 257 NIAGARA BUFFALO NY 14201 350 NIAGARA BUFFALO NY 14201 428 NIAGARA BUFFALO NY 14201 468 NIAGARA BUFFALO NY 14201 517 NIAGARA BUFFALO NY 14201 580 NIAGARA BUFFALO NY 14201 588 NIAGARA BUFFALO NY 14201 831 NIAGARA BUFFALO NY 14213 836 NIAGARA BUFFALO NY 14213 859 NIAGARA BUFFALO NY 14213 896 NIAGARA BUFFALO NY 14213 901 NIAGARA BUFFALO NY 14213 931 NIAGARA BUFFALO NY 14213 325 NIAGARA BUFFALO NY 14205 217 NORTH ST BUFFALO NY 14222 322 NORTHLAND BUFFALO NY 14208 882 NORTHLAND BUFFALO NY 14215 652 OGDEN SOUTH BUFFALO NY 14206 245 ONTARIO BUFFALO NY 14207 284 ONTARIO BUFFALO NY 14207 514 ONTARIO BUFFALO NY 14207 584 ONTARIO BUFFALO,NY 14207 595 ONTARIO BUFFALO NY 14207 90 PEARL NORTH BUFFALO NY 14202 424 PEARL ST BUFFALO NY 14202 407 PLYMOUTH BUFFALO NY 14213 210 PORTER BUFFALO NY 14201 FSTT11- 538236 FST11- 542577 FST11- 558117 FST11- 10024485 FST11- 541845 FST11- 528450 FST11- 547017 FST11- 526980 FST11- 524687 FST11- 524688 FST12- 10024613 FST11- 545574 FST11- 524693 FST11- 556114 FST11- 557288 FST11- 524852 FST11- 562500 FST11- 529564 FST11- 561207 FST11- 556141 FST11- 524710 FST11- 526291 FST11- 540999 FST11- 524702 FST11- 529451 FST11- 561074 FST11- 524877 FST11- 557014 FST11- 529161 FST11- 544013 FST11- 528351 FST11- 552664 FST11- 560848 FST11- 529448 POTOMAC EXPRESS DELI ZACK MART FAST MART GAS & GROCERY LLC Union Market SENECA FOOD MART INC. S.J.I. CORPORATION MASTRIANNI'S RITE AID #1194 TOPS MARKET #66 BUZ -N -BEE 2137 SENECA STREET LLC FAMILY DOLLAR #7610 CAZENOVIA MINI MARKET 3 BROTHERS MARKET DELI SMITH AND PADDY COMMUNITY MART RACHEL'S DELI SOUTH PARK PIZZA AND DELI FAMILY DOLLAR #3125 AL KADI MARKET NADEEM'S GROCERY AND DELI NOCO EXPRESS SHOP RITE AID #10830 WILSON FARMS BIG BASHA MINI MARKET FAMILY DOLLAR #5132 KRK FOOD MART ALOMARI SUPERETTE SWAN FOOD MARKET MONTES GROCERY & DELI LUCKY MARKET II SAM'S EXPRESS MART A.D. ASIAN VARIETY MART 1 STOP GROCERY CORNER SHOP MINI MART 188 POTOMAC BUFFALO NY 14213 260 RHODE ISLAND BUFFALO NY 14213 400 RHODE ISLAND BUFFALO NY 14213 177 RILEY BUFFALO NY 14209 1199 SENECA BUFFALO NY 14210 1780 SENECA BUFFALO NY 14210 1892 SENECA BUFFALO NY 14210 1941 SENECA BUFFALO NY 14210 1991 SENECA BUFFALO NY 14210 2097 SENECA BUFFALO NY 14210 2137 SENECA BUFFALO NY 14210 2250 SENECA BUFFALO NY 14210 2330 SENECA BUFFALO NY 14210 464 SEVENTH BUFFALO NY 14201 1027 SMITH BUFFALO NY 14212 1591 SOUTH PARK BUFFALO NY 14220 1727 SOUTH PARK BUFFALO NY 14220 1909 SOUTH PARK BUFFALO NY 14220 2042 SOUTH PARK BUFFALO NY 14220 2082 SOUTH PARK BUFFALO NY 14220 2133 SOUTH PARK BUFFALO NY 14220 2175 SOUTH PARK BUFFALO NY 14220 2406 SOUTH PARK BUFFALO NY 14220 408 SOUTH PARK BUFFALO NY 14204 408 SOUTH PARK BUFFALO NY 14204 523 STARIN BUFFALO NY 14216 67 SUSSEX BUFFALO NY 14215 357 SWAN BUFFALO NY 14204 413 SWAN BUFFALO NY 14204 729 SYCAMORE BUFFALO NY 14212 855 SYCAMORE BUFFALO NY 14212 977 SYCAMORE BUFFALO NY 14212 754 SYCAMORE BUFFALO NY 14222 4 THOMAS BUFFALO NY 14206 ti FST11- 541515 WALTER'S FOOD MARKET FST11- 540368 THE MARKET FST11- 552898 RIVERSIDE EXPRESS MART FST11- 529368 AMAN ENTERPRISES FST11- 556939 B -LO MINI MART 11 FST11- 541141 RIVERSIDE MARKET PLACE FST11- 557146 MEGA MARKET INC. FST11- 52.6279 RITE AID #10824 PST11- 542533 DOLLAR GENERAL #10311 FST11- 548775 RIVERSIDE DELI LLC CORP FST11- 549736 BLUE SKY MARKET FST11- 561665 S & S FOOD MART FST11- 544756 TWIN CITY MARKET FST11- 10024500 Mt. Everest Grocery FST11- 548836 VERMONT MINI MART FST11- 560160 UNITED GROCERY & HALAL MEAT INC. FST11- 563139 VIRGINIA FOOD MARKET FST11- 564277 EL PUEBLO CORNER MART FST11- 536809 FAMILY DOLLAR #6320 FST11- 553501 SUPER MARKET EXPRESS MART FST11- 542088 WALDEN MINI MARKET FST11- 524856 DMT FOOD MART FST11- 540643 WALDEN GROCERIES /BEST HALAL INC. FST11- 538586 WALDEN CONVENIENT STORE FST11- 538140 FERRY EXPRESS MART 11 FST11- 529079 CITY LINE 1 GROCERY INC FST11- 554557 DANNY'S CONVENIENCE STORE FST11- 524861 WEST MARKET FST11- 524720 LANGFIELD FOOD MARKET FST11- 549726 CITGO FST11- 561007 BLUNTVILL DISTBUTION INC FST11- 526996 RITE AID #1677 FST11- 524723 WILLIAM MINI MARKET FST11- 559415 LUCKY'S 176 THOMPSON BUFFALO NY 14207 437 TONAWANDA BUFFALO NY 14207 550 TONAWANDA BUFFALO NY 14207 650 TONAWANDA BUFFALO NY 14207 721 TONAWANDA BUFFALO NY 14207 738 TONAWANDA BUFFALO NY 14207 778 TONAWANDA BUFFALO NY 14207 809 TONAWANDA BUFFALO NY 14207 827 TONAWANDA BUFFALO NY 14207 897 TONAWANDA BUFFALO NY 14207 955 TONAWANDA BUFFALO NY 14207 278 TRENTON BUFFALO NY 14201 454 UTICA EAST BUFFALO NY 14208 139 VERMONT BUFFALO NY 14213 294 VERMONT BUFFALO NY 14213 331 VERMONT BUFFALO NY 14213 224 VIRGINIA ST BUFFALO NY 14201 279 VIRGINIA ST BUFFALO NY 14201 400 VIRGINIA ST BUFFALO NY 14201 143 WALDEN BUFFALO NY 14211 243 WALDEN BUFFALO NY 14211 269 WALDEN BUFFALO NY 14211 57 WALDEN BUFFALO NY 14211 591 WALDEN BUFFALO NY 14211 669 WALDEN BUFFALO NY 14211 860 WALDEN BUFFALO NY 14211 714 WALDEN BUFFALO NY 14214 1032 WEST BUFFALO NY 14213 313 WESTON BUFFALO NY 14215 1624 WILLIAM BUFFALO NY 14206 1624 WILLIAM BUFFALO NY 14206 476 WILLIAM BUFFALO NY 14206 654 WILLIAM BUFFALO NY 14206 860 WILLIAM BUFFALO NY 14206 �S FST11- 524721 TOWNE GARDEN I.G.A. 409 WILLIAM BUFFALO NY 14204 FST11- 529394 FAMILY DOLLAR #895 409 WILLIAM BUFFALO NY 14204 /l � 00 22 Communication to the Common Council To: The Common Council: Date: April 4, 2012 From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Restaurant Dance Class III [: 334 Delaware [ (new application) Prior Council Reference: (1f any) [: Ext. Item No. xxx, C.C.P. xx /xx/xx Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 334 Delaware Ave, dba Sinful, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Susan Riggi. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: 4 Department Head Name: JAMES MERFORD, COMMISSIONER JC:cap #1 (Rev. 01/1993) REFERRED TO THE COMMITTEE ON LEGISLATION. CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES 4 DIRECTORS OFFICE A t . BYRON W. BROWN JAMES COMERF00. Jr. Mayor Deputy Commissioner PATRICK SOLE, Jr• Director Certificate of Compliance Number: 2111 In accordance with the appropriate laws of the State of New York and or the. ordinances of the City Of Buffalo, the structures dt 334 DELAWARE Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on. this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically. voided by .this certificate being altered in any manner if there is any violation of a law or ordinance found to exist subsequent to the issuance of the certificate, i.e. continued compliance with applicable codes and ordinanQs is required. 'Permits & Date Issued: 04/04/2012 Building Classification: Type 3b Occupancy: A -2 Building Permit(s) Number: 174311 Date Issued: 12 10612011 Building Inspector: Pllevnika, Jack Date of Inspection: 03/14/2012 Receipt Number: N/A Portion of Building being inspected and certified: 1 8t FLOOR BARIRESTAURANT. 65 NiAGARr1 SQUAB/ / 304 CITY 11A1,1. / BUFFALO, NY 14302-3303 / {716) 851 -4590 / € AX: q16) 851 -4889 / Finail: psule@city- buFFalo.com m 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 SINFUL RESTAURANT 1 DANCE 065 334 DELAWARE ELLICOTT COUNCIL DISTRICT SUSAN RIGGI (716)731 -2575 RSD12- 10024735 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 114' �PPROVED: DATE: �� f DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: UJ t t (c okf A . u APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -147C (REV. 9 /08) •; AT M • • Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM DEP /A RI M E If T1 2012 FE .# 0 AN 0 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. Cbmplete 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 PLICANT: SEX RACE CURRENT ADDRESS: — 700 9 DATE OF BIRTH: a SOCIAL SECURITY # at REASON FOR REQUEST SIGNATURE OF APPLICANT —A— %� 00 STATE OF NEW YORK ) COUNTY OF ERIE ) SS. CITY OF BUFFWkl } On the day of executed the foregoing instrument and NAME DA � U ._ 20j_jL, before me personally appeared TO BE COMPLETED BY EDENT CATION SECTION PERSONNEL * * * * * * * * * ** * * * * * *** ® RECORD ATTACHED 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. NOT VALID TIL STAMPED — ' to me known to be the same person described in, and who ledzed the execution thereof. � .. I P -147C (REV. 9/08) TO BE MAILED_TO, Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM jj' - i �` . ;-) 1.1 -i ', DEPA �f IVE,; . J� 2812 FE 10 AM M': 09 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: �'� IMAIDEN NAME SEX V RACE CURRENT ADDRESS: s= e �� DATE OF BIRTH: SOCIAL SECUItrfY REASON FOR REQUEST SIGNATURE OF APPLICANT DA � N\" \a STATE OF NEW YORK COUNTY OF ERIE } SS. CITY OF BUFF aLC� } the day of 20 before me personally appeared to me known to be the same person described in, and who e ecuted the foregoing instrument and acknowledged the execution thereof. iiatwy Pnblie 1 Commissioner of Dee ******************TO BE COMPLETED BY IDENTIFI TION SECTION PE SONNEL * * * * * ** * * *" * * * * * * ** RECORD ATTACHED VERIFIED BY: NO RECORD ON FILE DATE VERIFIED !� Z NOTE: U5 OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIFICATION. DO NOT RETAIN AFTER 6 0..DAYS FROM DATE VERIFIED. NOT V LID UNTIL STAMPELI City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR.OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED April 17, 2012 Restaurant Dance License Renewal — 2046 Fillmore (Mas) Gerald A Chwalinski City Clerk .0 00 22 f Single Page Communication to the Common Council To: The Common Council: Date: April 3, 2012 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:2046 Fillmore Prior Council Reference: (If any) [: Ext. ( Item No 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, 2046 Fillmore for which said renewal application for a Restaurant Dance Class III license is being sought by Curtis Drake @ New Golden Nugget 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: James Comerford 1 'I Signature of Department Head: JC:cap #1 (Rev. 0111993) 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 LT. GERALD WHALEN NEW GOLDEN NUGGET INC. RESTAURANT /DANCE 2046 FILLMORE MASTEN COUNCIL DISTRICT CURTIS DRAKE 00000001300 RSD11- 193633 7/1 /2011 12,00:OOAM t�3 ---------------------------------------------------- - TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ,APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: J INSPECTOR:y'�`�/ 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, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: HOUSING PROPERTY INS REFERRED TO: KEVIN FITZGERALD APPLICATION FOR: NEW GOLDEN NUGGET INC. LICENSE TYPE: RESTAURANT/DANCE BUSINESS ADDRESS: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL. REASON: 2046 FILLMORE (716) 896 -3584 14LA 00 CURTIS DRAKE O - 193633 RENEWED LICENSE 2011 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED DATE: D OVED DATE: DISAPPROVAL CALLBACK DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR RM# _ ; le lV EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFICE OF LICENSES. THANK YOU. RppSlip2.rp1 LICENSE TYPE: RESTAURANT/DANCE AGENCY I DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: NEW GOLDEN NUGGET INC. BUSINESS ADDRESS: LOCATED AT: BUSINESS PHONE: COUNCIL DISTRICT: POLICE DISTRICT: APPLICANT NAME: APPL. PHONE: APPLICATION NUMBER: REFERRAL DATE: REMARKS: DISAPPROVAL' REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NEW YORK 14202 INSPECTION /APPROVAL REQUEST 2046 FILLMORE (716) 896 -3584 MA 00 CURTIS DRAKE () - 193633 07/01/2011 0 ( 5 RENEWED LICENSE 2012 (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: DISAPPROVED DATE: uKL� DISTRICT CAPTAIN: APPROVED DISAPPROVED DATE:! DATE: ** *REASON FOR DISAPPROVAL MUST -BE STATED BELOW * ** REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU .AppSlip2rpr Restaurant Dance License (Renewal) — 2046 Fillmore (Mas)(EDPI) (Items. No. 19, C.C.P., April 17, 2012) . Mr. Smith moved: That the above communication from the Commissioner of Permits and Inspections, dated April 3, 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 to 2046 Fillmore, Curtis Drake dlbla New Golden Nugget upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. TAwp60V"NCOUNCILI4 -l7 -12 meetingVestaurant dance class IV -2046 Fillmore.doex pl 00 24 Single Page Communication to the Common Council To: The Common Council: Date: April 10, 2012 From: Department: Department of Permit & Inspection Services Division: Office of Licenses Subject: [: Restaurant Dance License (Renewal) [:416 Pearl St [: 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 416 Pearl St for which said renewal application for a Restaurant Dance Class IV license is being. sought by Tony Vaillant @ Barcelona On Pearl 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. REFERRED TO THE COMMITTEE ON LEGISLATION. Type Department Head Name: Type Title: Signature of Department Head: JC :cap 4 1 (Rev. 0111993) I ---- rl----4.�--A CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NE YORK 142 INSPECTION /APPROVAL REQUEST AGENCY / DEPARTMENT: FIRE PREVENTION REFERRED TO: LT. POCZKALSKI APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE RESTAURANT/DANCE RENEWED . LICENSE 201 BUSINESS ADDRESS: 416 PEARL ST BUSINESS PHONE: 332 -6900 COUNCIL DISTRICT: EL POLICE DISTRICT: 03 APPLICANT NAME: TONY VAILLANT APPL. PHONE: 310 -7271 APPLICATION NUMBER: 556836 REFERRAL DATE: 02/02/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCYIDEPARTII'IENT REFERRED TO) APPROVED DATE: 3 131 11 DISAPPROVED DATE: DISAPPROVAL DATE: CALL RACK 'REASON FOR DISAPPROVAL MUST BE STATED BELOW"r REMARKS: ., INSPECTOR C - V J rw Y "! L�V RM# EXT -_ p-1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL OF THE OFFFICE, OF LICENSES. THANK YOU. ApliVip2.riv CITY OF BUFFALO OFFICE OF LICENSES T . 301 CITY HALL � `� �,� VA S BUFFALO, NY 14202 �1 INSPECTION TYPE: BUILDING RENEWAL REFERRED TO: JOHN PLEVNIAK APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT:, COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: RESTAURANT 1 DANCE 416 PEARL ST 414 PEARL ST ELLICOTT COUNCIL DISTRICT TONY VAILLANT RSDI I- 556836 Now Open Inspacfion created from Conversion --------------------------_-------__--____-_--------------------------------------------------_---------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: I RM# - �- EXT t ` 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, NEW YORK 14202 INSPECTION /APPROVAL REQUEST AGENCY 1 DEPARTMENT: POLICE REFERRED TO: COMMISSIONER OF POLICE APPLICATION FOR: BARCELONA ON PEARL LICENSE TYPE: RESTAURANT/DANCE RENEWED LICENSE 2 011 0 BUSINESS ADDRESS: 416 PEARL ST BUSINESS PHONE: 332 -6900 COUNCIL DISTRICT: 6L POLICE DISTRICT: 03 APPLICANT NAME: TONY VAILLANT APPL. PHONE: 310 -7271 APPLICATION NUMBER: . 556836 REFERRAL DATE: 02/02/2011 REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: 6 r la Y l DISAPPROVED DATE: REMARKS: DISTRICT CAPTAIN: ��� � 'L A4 APPROVED DATE: DISAPPROVED DATE: . ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * *1 REMARKS: COMM. OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. App.Slip2.i FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS April 17, 2012 City Clerk's Department BUFFALO April 20, 2012 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 25 Meals for Prisoners PASSED April 17, 2012 Gerald A Chwalinski City Clerk s. P rn0 c rl ® 0 2 ri 03 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 10, 2012 FROM: DEPARTMENT: Administration, Finance, Policy & Urban Affairs - Division of Purchase SUBJECT: [:Meals for Prisoners G 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 enter into a Inter - Municipal Agreement with the Buffalo Board of Education to supply food for the Buffalo Police Department City Court Lock Up. As per Department of Justice Standards, food must be supplied to prisoners. It is imperative that this agreement be presented for immediate approval as the City will be taking back its Court Lock up function from Erie County effective May 1, 2012. The Divison of Purchase solicited a formal RFP in the open market for proposals to supply meals. Two proposals were received; Hyatt Hotel at an estimated cost of $120,450 per year, and Adams Mark at an estimated cost of $210,000 per year. With the cooperation of the Board of Education, the City of Buffalo will be able to meet Department of Justice's guidelines and supply meals at the City Court lock up with a substantial savings, by reimbursing the Board of Education for an estimated cost of $40,000.00- $50,000 per year. As a result of the City Court Lockup opening on May 1, 2012, we respectfully request your Honorable Body's approval on this request at your next Council meeting. SIGNATURE DEPARTMENT HEAD TITLE: Director of Purchase William L. Sunderlin a� M Meals for Prisoners (Item No. 21, C.C.P., April 10, 2012) Mr. Smith moved: That the communication from the Director of Purchase, dated April 10, 2012, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to enter into an Inter - Municipal Agreement with the Buffalo Board of Education to supply food for the Buffalo Police Department City Court Lockup. The Division of Purchase solicited a formal RFP in the open market for proposals to supply meals. With the cooperation of the Board of Education, the City of Buffalo will be able to meet Department of Justice's guidelines and supply meals at the City Court lockup with a substantial savings, by reimbursing the Board of Education for an estimated cost of $40,000.00- $50,000.00 per year. Passed. TAwp60VRP\COUNC1L\4 -17 -12 meetingWeals for Prisoners.docx �3b FROM THE BUFFALO SEWER AUTHORITY April 17, 2012 00 20 M N' W N Q N A1ttxN N � �q FROM THE CITY CLERK April 17, 2012 00 27 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 April 4, 2012 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Item which were passed by the Common Council on March 20, 2012 No 87, C.C.P. March 20, 2012 — Ordinance Amendment — Ch 511 Zoning - Special Districts The above item was returned by the Mayor unsigned, the Item was Supersede by # 90, C.C.P. April 3, 2012. Respectfully submitted, Gerald A. 'hwalinski City Clerk RECEIVI�p AND AILED 00 28 No. Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board: Address Business Name Owner's Name 1264 Hertel Jewel of India 1264 Hertel 1260 Hertel. Billamy's BBQ William Weslowski. 150 Military Ave Military Tavern Marcus Hatten RECEIVED AND FILED )ko April 17,20 1 - 2 t! STATF OF NEW YORK " EXECUTIVE DEPARTMENT IIIVMlON OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY_ 1. 2. &andardiaed NOTICE FORM forProvidinga 30-Day Advance Notice to a Local Municipalltv or Community Board in connection wish thesubmi trion to the Slate DquarAnthonty of a (check ane New Application 19 Renewal Application Ei Alteration Application❑ Corporate Change ❑ for an On- Premises AIcoholic Beverage License Date the original copy of this Notice was mailed to the Local Municipality or Community Board: mw °Q 0 .3 3 C) M 2, 1 0 .:2 Name of the Local Municipality or Community Board: 3 Types) of alcohol sold or to be sold under the license ( °X° orae : ❑ Be' Only ❑ Wine and Beer Only El Liquor, Wine, and Beer Extent of 4. food service; © Restaurant (Salle of food primarily; Full food menu; ❑ Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily - Mtchen ran by cheQ meets legal minimum food availability requirements) 5. Type t: Hotel ❑Live Disk Juke Patron Dancing Cabaret, Night Club, Discotheque Capacity for 600 establishment: Music [] Jockey Box ❑ (Small Scale) [] (Large Scale Dance Club] ❑ or more patrons ( °JV all 000 ❑ Club (e.g. Golf / ❑ Bed & ❑ Catering [] Karaoke D Stage Topless Recreational Facility that apply) FraternalOrg.) Breakfast Facility Bar Shows Entertainment (Sports Facility /Vessel) 6 Licensed outdoor area: ❑ None ❑ Rooftop Patio Freestanding Garden / Sidewalk Other or Deck ❑. Covered Structure ❑ Grounds ❑ Cafe ❑ (Specify); 7. Will the license holder or a manager be physically present within the establishment.during all hours of operation? ( °7C one): YES ❑ NO 8. License serial number: Unknown 9. 1 Expiration Date: IO The applicant's or license holder's full name, as it ++ // JJ ]] er �1 appears or will appear on the license: l2lo 4 T' - veA Lce l Tic. The trade name, if any, under which the establishment I -r conducts or will conduct business: I .J2we Q-F 12 The establishment is located within the building 7 f �j which has the following street address: )214 f- -I�r'- d A vex, { Z e. 1 3. City, Town, or Village: D ` � 2 r f NY Zip Code: ) ! l!J 14 • The establishment is located on the following floor(s) of the building at the above address: 13 • Within the building at the above address, the establishment is located within the room(s) numbered as follows: 16. Business telephone number of applicant /licensee: 1 8 , � j _ d 17 • Business fax number of applicant /licensee: tJ y €B 18. Business a -mail address of applicant / licensee: Does. the applicant or license holder i f - YES °, SHIP items No. 20 =2 If - NO - , ANSWER items No. 20 -23, 3. 19 . own the building in which the Complete the 3 entries . and complete the 3 entries establishment is located? ( °I{ o _ Yes ®. at Item No. 24. NO ❑ at Item No. 24. 2 Building owner's full name is: 21. Building owner's street address: .22. City, Town, or Viltage: Zip Code: 23. Business telephone number of building owner: O f A Noma � 'ctue a Tus+, �r(1 ITS ; s4 AI4 Revised 10/12/11 r�A . STATE OF NEW YORK ,_ , UM111, EXECUTIVE DEPARTMENT DIVISION OF ALCOHOLIC BEVERAGE CONTROL STATE LIQUOR AUTHORITY Srandwdtzed NOTICE FORM forProwdinga 30 - Day Advance Notice to a Local Municioalft or Community Bard in camectlan with the submission to the State LiquarArdhority ofa {check one New Application Application El Alteration Application ❑ for an On- Premises Alcoholic Beverage License 1. Date the original copy of this Notice was mailed to the Local Municipality or Community Board: S Y 2 0 THIS 30 -DAY ADVANCE NOTICE IS BEING, PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL 'MU ICIPALITY OR COMMUNITY BOARD' 2. Name of the Local Municipality or Community Board: FOR NEW APPLICANT'S, P1tUVIDE. AESC ION BELOLIIiSING ALL I1iFOI;rifAT[ON KNOWN .TO RATE POP ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF.PROPOSED ALTERATIOu(S) FOR CURRENT LICENSEES SET FORTH APPROVER METHOD OR OPERATION ONLY - - - DO. NOT USE THIS FORK 'TO CHANGE YOUR METHOD OF OPERATION. - - Type(s) of alcohol sold or to, be sold under the license ❑Beer Only I I Wine and Beer Only � Liquor, Wine, and beer - Extent of - - Restaurant (Sale of food primarily; Full food menu; ❑ Tavern / Cocktail Lounge / Adult Venue / Bar (Alcohol sales primarily - 4, food service: X" ne Kitchen run by chef) meets legal minimum food availability requirements) 5 ' Type of ent: Live Disk Juke Patron Dancing abaret, Ni 9 t Club, Discotheq Capacity for 600 Hotel ❑ p ❑ 11 [] g ❑ ❑ establish Music Jockey (Smail Scale or j (Gorge Scale Dance Club) BOX more parsons (-X" all ❑ Club (e.g. Golf/ Bed & Catering Kamoke Stage Topless Recreational Facility F-1 F-1 11 El 11 ❑ that apply) Fraternal Org.) Breakfast Facility Har Shows Entertainment )Sports Facility / Vessel) 6 ' Licensed ❑None Rooftop � Patio Freestanding. Garden / Sidewalk Other i y ❑ ❑ 11 ❑ Outdoor area: or Deck Covered Structure Grounds Cafe (Specify): Will the license holder or a manager be physically present within the establishment during all hours of operation? (1V one l: V ;s ❑ NO 8. Nauh vamp 0, Yur Yew rue xrn. License serial number: 9. Expiration Date: 10.. The applicant's or license holder's full name, s L it / G.. appears or will appear on the license: 11. The trade name, if any, under which the establishment conducts or will conduct business: 12 The establishment is located within the building Z l which has the following street address: 2,e�OO 13. City, Town, or Village: d NY Zip Cade: 14. The establishment is located on the following floorls) of the building at the above address:` 15. Within the building at the above address, the establishment is located within the rooms) numbered as follows: 16. Business telephone number of applicant /licensee: - 71116 1 - 17. Business fax number of applicant /licensee: - _ 18. Business a -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 r "3 Complete the 3 entries Ye NO ❑ and complete the 3 entries establishment is located? ( one at Item No. 24. at Item No. 24. OWNER OF THE BUILDING IN WHICH THE LICENSED ESTABLISHMENT IS. LOCATED 20. Building owner's full name is: 21. Building owner's street address: — 22. City, Town, or Village: �"- uu Zip Code: Z Business telephone number of building owner; G am the applicant or.hold the license or am a principal of the legal that holds or is applying for the license. Representations in this form are in conformity with representations made lii subrgitted documents relied upon by the Authority when granting the license. I understand that representations made in this form will also be relzed. upon, and that.false representations may result in disapproval of the application or revocation of the license. 24. BY my signature, f affirm - under. Peoelty of Perjury that the; epresentations�made in this form are flue. Printed Name - � t L(._i �rr1 �nl • � �Sl) �. �1� Title � �'�� S t c „ .ti� , si gnature X U�3.7..,�..� �r.� - �'�.� Siaudruzlized NO'T'ICE FORM •as, ;, o STATE OF NEW YORK � .f °rPrm idinga 30 -Da Advance Notice ro a Locnl -- Mu�ici�ality or Com munr r B -- - I'rfV jCLBt Ligtm DEPA RTMENT _ inmrrrrecliurr�v! lAlhexrrbnri�csinnlrilhe5lalei 'ArNhori o a � � ^d DIVISION OF OFAL ;ALCOHOLIC,SEYERAGECONTROL - - t5' ICheCICOile STATE.LIQhOR AUTHORITY New A f1Cation enewaI A Iication -� Ai #ration A i2ficatio n ❑ 1� �, far na On -P a tses Al oh li Be Date the original copy of this Notice was mailed to the Local Municipality or Cpmmunit Hoard: era e L C n e T1[S.30'DAY ADVANCE NOTICE [S $j;ING.pROVIDEb TO THE�CLERK OFT Y 2 0 2. Name of the Local Municipality or Cgmmumty Board: H$ "F.OLLOWING I OCAt M111VlCIPA1 IT -.Y OR C 97vIMUN17 ti BOARD c FOR:. N EW APPLICANTS : PROVIDE _DFaSCRIP'PIONHI;LOWUSTIM RLITOWNTO Tit Do FOR C17RREH7 INFQR,117ATI. DATE FOR ALTERATIbN �'PLIOANTS ATTACTt. CDMpLETE D$SCItilkiON AND DIADIN RA OF Oly' PROP! D" RATIONS} - LLCENSELR SET FORTH APPROVE OS ;Do NOT.,II13E THIS;,FORI4I C D- rdWrHOD OF DPBRATION ONL'p: 3. TYpe(s) of alcohol sold or to be sold under the license CHANGE YOUR ligETHOD OF;OPERATION I X" one); ❑ Beer Only ❑ Wine and Beer Onl Y Liquor, Wtne, and Beer Exterst of 4. rood service: Restaurant {Sale of food primariJ kitch en run by chef} Y, Pull food menu; Tavern / Cocktail Lounge Adult Meets[ egal minimum food availab 1 [y requB men g� hol sales primarily - g, Type Live ve Hotel Disk Juke Music ❑ Jockey Bo` Patron Dancing Cabaret, Night Club, Discotheque ESmall Scale) (",v all �j ❑ (Large Scale Dance Cluh) G Capacity for 660 ❑ or more patrons that appiy) Club Catering (e.g. Golf J Bed 8s Fraternal Drg.) Breakfast Top_ ICaraoke Facility I I Bar ( I less Restaurant Recreational Fa I(��� Facility 6. Facility /Vessel) Licensed LLL___IIJ J�J E "[• JJJ��� ' I 6. 1�J outdoor area: None J I Rooftop Patio Freestanding Garden LE ❑ orDeck ❑ Fre to Structure I / Sidewalk Other 7. Will the license holder or a manager be 1.1 Grounds Cafe (specify); physically ❑ Present within the establishment during hours ofoperatiorP 8 • License serial number.: YES ❑ NO The a 9. Expiration Date: 10. PPlicaat's or license holder's full name,.as it • appears_ or will appear on the license: - 11. The trade name, if an + V E� Y, under. the establishment � conducts or will conduct business: - 12 The establishment is located within the building L �"'� A� which has the following street address: f O _� 23. CJty, Tgwn, or Village: i L l { Am, ep A 14 ' 15. The establishment is located on the following floor(sJ of the building at the above address: ,NY Zip Codc: rr Within the building at the above address, the establishment is located within the room(sJ numb ereds� � 16. Business telephone number of applicant /licensee: p --� 17. Business rax number of applicant /licensee: 18 Business a -mail address of applicant /licensee: . Does the applicant or Iicense holder . 19 . own the building in which the 11 "YES", SKIP it'! No. 20.25 establishment is located? ( °g^ o c Yes Complete the 3 entries !f ° NO °, ANSWER items No. 20_23, at Item No. 24. No and complete the 3 entries OWNER OF THE gU1LI)ING IN VTIIJCH THE LICENSE]] ESTASI JSiIMENT fS LOCATED at Item No 24 20. Building owner's 1'ulI name is: `'� 21. Building owner's street address: AJ ` r { 1 A (LiA 22 • City, Town, or. Village: ' �C 23. Business telephone number of building owner: 8 ' Zip Code: %IZ'7� 1 am th e',appLc hold the license or am a prinerpaI of the legal entity thatho2ds pr is i" ] n for the Jrcense: RepresenteF�ons'iri'thi representations made in submitted documents relied upon byahe Authority when granting the license. f understand that representations made jh th s Pp g s fo relied upon, rm are to c6firt frr and that false representations may result in disapprovaLof the application revocac . {tywrCh 24. Hy my signature, I allirm nder Penal J forrri wtlJ also be i ty of per u the..license: g'rs�_d Ho me .0 3.=Y -that the re resenta[ians TJtiv P made in [his: form are true. A �, r'' attire 00 2s No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council - Assessment and Taxation - Public Works, Streets & Parks - X Police- Donna Donovan, Sally Johnson Fire - Corporation Counsel - Community Services- Economic Development & Permit and Inspection Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission - RECEIVED AND FILED. April 17, 2012 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE March 28, 2012 FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: : Unpaid Leave of Absence I: PRIOR COUNCIL REFERENCE: (IF ANY) Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx TEXT: TYPE SINGLE SPACE BELOW) PO Donna Donovan assigned to the B- District has been granted an extension to medical leave of absence without pay for the period of 31 days commencing March 31, 2012 through April 30, 2012. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissi of Police J SIGNATURE OF DEPARTMENT HEAD: Brian Donau 02-29-'12 11:19 FROM- BUFFALO POLICE r I r 7 � j we v Aj E T10N OF LEAVE: 716 667 2792 P.1 7168515258 T -890 P0001/0001 F -944 "LAST FOUR (4) DIGITS ONLT" WIIIIIIIIIIII TYPEOF L E©UGATIONAL ERNITY EMPLOYMENT M C. L FAMILY NEDICAL U PERSONAL ❑ . W6FA1 KVMWML MM CAREOFCf ILU. SPOUSS . PARWGR CAMRMCL MX?HCONDITION (AODRIOMAL FORM Rfm1R@D) ' • THE TAICINQ OF ANY LE @I AVE OF ABSCE WILL if M&lr IN TH LO N OF THE FO UM A7>fMMCE 1119mo1T OVA AIr1 IMS OHLY) 's WAM MMWMB AECU68lMA LFAM OFABIIDIL'ai M E#ICms of lrmRrf {7o)NA1I9 ORA WIdSEI'.uM A=MMAATION OF. ENDER MB N EIICM OF THN" Iao) DAVR MUST - 7HOR DOPAR� M09AL WRAFOK 4MI0. CAP SPRAY. DAME. vomiK G IOCA#O PNQP.TQTf4r:�Tl arOPTHmLgAVL FAILURE TO DQ SO VWLL RESULTM Me REVOCATMN OF THE LEAVE OF AID S E IVCE AIWA CAR I OF THE AIEMDER AS 8MG A ►� DATES OF LEAILE BEGINNING DATE: Enid DATE. RETURN DATE: LENGTH O F LEAVE: t aENKv 1 E "maw r �M r c o _ ,0 r PATE ' C€�I1E01 Pouch~ commmstoMER �' u s CO, ORIGINAL — AOMIN18YRATtON AND FIN ANCE (FILE) 11EOLIESTM EMPLOYEE LABOR REELA'TIONS CIVIL BERWCE COMPASSION COMMANDING OFFICER PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: POLICE. SUBJECT: : Unpaid Leave of Absence I . PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P._ xx/xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW I q) Civilian School Crossing Guard Sally Johnson assigned to the E- District has been granted an extension to her medical leave of absence without pay for the period of 31 days commencing February 13, 2012 through March 15, 2012. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commi sinner of Police SIGNATURE OF DEPARTMENT HEAD: DATE: o- /.3 Z /9, NAME: Sr *SSN: 2= . XX - '"LAST FOUR (4) DIGITS ONLY" RANK: Ci^l5 S �` C i / �_ UNIT: ZE z�'S7. PE F HEAVE EDUCATIONAL H EMPLOYMENT FAMILY MEDICAL ' ❑ MATERNITY ❑ MEDICAL [� MILITARY ❑ PERSONAL. ❑ • THE FAMILY MEOICAL LEAVE IS A 12 WEEK LEAVE FOR: CARE OF CHILD. SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ACOMIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL {RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT em MEMBERS ONLY) • SWORN MEM6gls4 PWOUESTING.A LEAVE OFARSENO IN EXCESS OF TWR7V (30) DAYS OR A CONa5CUTIVS ACOUMULATiON OF EXTENSIONS IN EMESS OF THIRTY (90) DAY$; MUST SURRENUER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, S ID CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO 0 WILL RESULT IN THE REVOCATION OF THE LEAVE OF . ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL EXPLANATION OF LEAVE- DATES OF LEAVE BEGINNING DATE: 3 / / '3 ) END DATE: 3 )/ -5 - Z RfsTURN DA'T'E: 3 /& LENGTH r f EMPLOYEE 51 14 URE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LA13OR RELATIONS CIVIL SERVICE Ct7MM19SION COMMANDING OFFICER PAYROLL APIaROVED l *NIED / AEMVAL g2NDI NDE17 ge #MRTAWNTAL U! NIYT POLICE COMMIBBIONER DATE OF LEAVE: r f EMPLOYEE 51 14 URE CC: ORIGINAL - ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LA13OR RELATIONS CIVIL SERVICE Ct7MM19SION COMMANDING OFFICER PAYROLL APIaROVED l *NIED / AEMVAL g2NDI NDE17 ge #MRTAWNTAL U! NIYT POLICE COMMIBBIONER DATE 00 �0. m Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. April 17, 2012 rp } �U 41 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE Ap ril 5 2012 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on April 4, 2012, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman John D. Kennedy, Sr., Vice Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary John E. Kennedy, Jr., Assistant Secretary Absent: none DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD. ®Q 31 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. April 17, 2012 #3 (Rev 1 -02) I� 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 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: 4 U in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) SEASONAL Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FLAT kEnter Starting Salary) : Starting Salary of $12.06 hr. LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Delano Fabor DATE ADDRESS 34 Keystone St. CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX -0040 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9624 BUDGET.ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2011 -10 SALARY RANGE OF POSITION $12.06 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 3122112 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (0N113EFURL APPOINTMENT LA k} OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES /CIVIL SERVICE #7- BUDGET #& DEPARTMENT #9- DIVISION #10- -EMPLOYEE(S) OQ 32 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL. SERVICE. � 5-3 April 17, 2012 #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 appointment(s) or promutiun(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 04/13/12 in the DeparEment of Administration and Communication Division of City Court Booking to the Position of Report Technician (Insert One) : PERMANENT (insert One) : APPOINTMENT (Insert One) : at the: MINIMUM (Enter. Starling Salary) : Starting Salary of.. $32,816 Q step) Schedule "A" LAST JOB TITLE NAME Rosemarie S. Kolb LAST DEPARTMENT DATE ADDRESS 311 Skillen -Upper LAST SALARY CITY & ZIP Buffalo, NY 14207 LAST 4 DIGITS OF SSN, XXX -XX -2139 LAST JOB TITLE NAME Michelle Stanford LAST DEPARTMENT DATE ADDRESS 661 E, Delavan Avenue LAST SALARY CITY & ZIP Buffalo, NY 1421.5 LAST 4 DIGITS OF SSN. XXX -XX -7998 LAST JOB TITLE Report Technician NAME Amelite C. King LAST DEPARTMENT Police DATE ADDRESS 247 Newburgh Avenue LAST SALARY ? CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX - 4947 LAST JOB TITLE NAME Elizabeth E.King LAST DEPARTMENT DATE ADDRESS 22 Cottage Street LAST SALARY CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN, XXX -XX -4247 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP L AST 4 DI GITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12024001 TITLE CODE NO 01170 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -82 SALARY RANGE OF POSITION $32,816 - $36,190 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: l�y NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 041131 SIGNATURE OF APPOINTING AUTHORITY: d ORIGINAL + 3 COPES TO: CITY CLERK (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTM @NT #9- DIVISION #10- EMPLOYEE(Sl p� 165 #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, 1 transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been conifled or approved by the Human ResaurceslCivil Service for the Appointment Effective: .04113112 in the Department of Police Division of Administration and Communication to the Position of Cellblock Attendant (Insert One) : PERMANENT (Insert One) : APPOINTMENT . (Insert One) : at the: MINIMUM $22;97'0 (Enter Starting Salary) : Starting Salary of: (7 step) Schedule "A" LAST JOB TITLE NAME Richard L. Taezkowski LAST DEPARTMENT DATE ADDRESS 205 Marine Drive Apt 11G LAST SALARY CITY & ZIP Buffalo, NY 14202 LAST 4 DIGITS OF SSN. XXX -Y X-6664 .LAST JOB TITLE NAME Frank J. Gibbs, Jr. LAST DEPARTMENT DATE ADDRESS 452 Spring Street LAST SALARY CITY & ZIP Buffalo, NY 14204 LAST 4 DIGITS OF SSN. XXX -XX -0970 LAST JOB TITLE NAME Damien C. Mitchell LAST DEPARTMENT DATE ADDRESS 436 Northampton Street LAST`SALARY CITY & ZIP Buffalo, NY 14208 LAST DIGITS OF SSN. XXX -XX -4704 LAST JOB TITLE NAME La -Kisha S. Champion 1; LAST DEPARTMENT DATE ADDRESS 6,0 Burgard Place = Apt 2 LAST SALARY CITY & ZIP_ Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -8804 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. CODs= 12024001 TITLE CODE NO 2000 BUDGET ACCT, OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -79 SALARY RANGE OF POSITION $22;67$ - $36,119 PER YEAR catj q)3 REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 0411 SIGNATURE OF APPOINTING AUTHORITY: _ _ ORIGINAL 4 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPL OYES) #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 appointment(s) or promotion(s). I further certify that the penon(s) named in Schedule "A" have been certified or approved by the Human ResourceslCivii Service for the Appointment Effective: 04/13/12 in the Department of Police Division of Administration and Communication to the Position of Cellblock Attendant (Insert One) : PERMANENT (Insert One): APPOINTMENT. (Insert One) : at the: MINIMUM JEnter Starting Salary) : Starting Salary o£ (7 step) Schedule "A' -- LAST JOB TITLE NAME Darnell Hardy LAST DEPARTMENT DATE. ADDRESS 27 Cambridge Avenue LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -7170 LAST JOB TITLE NAME Corvair A. Bennett .LAST DEPARTMENT DATE ADDRESS 35 Hagen Street LAST SALARY CITY & ZIP Buffalo, NY 14211 L AST 4 DIGIT OF SSN. XXX -XX - 0828 LAST JOB TITLE NAME Tania M. Matos. LAST DEPARTMENT DATE ADDRESS 217 Prospect Avenue LAST SALARY CITY & ZIP Buffalo, NY 14201 LAST 4 DIGITS OF SSN. XXX -XX -7919 LAST JOB TITLE NAME Robert J. Przybyszewski LAST DEPARTMENT DATE ADDRESS 17 Whitehall Avenue LAST SALARY CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -5648 LAST JOB TITLE NAME Nicholas A. Bautz LAST DEPARTMENT DATE ADDRESS 33 Newman Place LAST SALARY CITY & ZIP Buffalo, NY 14210 LAST DIGITS OF SSN. XXX -XX -9481 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12024001 TITLE CODE NO 2000 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -79 SALARY RANGE OF POSITION $;2,94 - $38,119 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE:. 04113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO:. CITY CLERK (ON/BEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESlCIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10- EMPLOYEE(SS #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) cr promotion(s). 1 further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resourem/Civil Service for the Appointment Effective: 04/13/12 NAME ADDRESS CITY & ZIP XXX -XX -0555 Paul J. Ramunno, Jr. 247 North Drive Buffalo, NY 14216 in the Department of Police NAME David E. Beyers Division of Administration and Communication ADDRESS to the Position of Cellblock Attendant CITY & ZIP (Insert One) : PERMANENT LAST 4 DIGITS OF SSN, XXX -XX -5628 (Insert One) : APPOINTMENT BUDGET ORG. CODE (Insert One) : at the: MINIMUM 2000 BUDGET ACCT. OBJ. 411001 PROJ. ID r �)) 4�3 NO 2011 -79 SALARY RANGE OF POSITION (Enter Starting Salary) : Starting Salary of: $22;ffe (7 step) PER YEAR Schedule "N' MINIMUM: LAST JOB TITLE NAME John L. Rossi . LAST DEPARTMENT DATE ADDRESS 31 S. Ryan Street LAST SALARY CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -2931 LAST JOB TITLE NAME Tamika N. Hinton LAST DEPARTMENT DATE ADDRESS 487 Berkshire Avenue LAST SALARY CITY & ZIP Buffalo, NY 14215 LAST 4 DIGITS OF SSN. XXX -XX -5934 LAST JOB TITLE NAME Jerome Barber LAST DEPARTMENT. DATE ADDRESS. 99 Brinkman Avenue LAST SALARY CITY & ZIP Buffalo, NY 14211 LAST 4 DIGITS OF SSN. XXX -XX -3438 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. NAME ADDRESS CITY & ZIP XXX -XX -0555 Paul J. Ramunno, Jr. 247 North Drive Buffalo, NY 14216 LAST JOB TITLE NAME David E. Beyers LAST DEPARTMENT DATE ADDRESS 403 Cumberland Avenue LAST SALARY CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN, XXX -XX -5628 REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 12024001 TITLE CODE NO 2000 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -79 SALARY RANGE OF POSITION $36,119 PER YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING, AUTHORITY: Commissioner of Police DATE: 041 t2 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONISEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #B- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) 43 (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 Df appoiatment(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 forthe Appointment Effective: 04/13/12 in the Department of Police Division of Administration and Communication to the Position of Cellblock Attendant (Insert One) : PERMANENT (Insert One) : APPOINTMENT (Insert One) : at the: MINIMUM fEnter Starting Salary) : Starting Salary of: $'22;M (7 step) Schedule "A" LAST JOB TITLE NAME Jason C. Stachowski LAST DEPARTMENT DATE ADDRESS 182 Willett Street LAST SALARY CITY & ZIP Buffalo, NY 14206 LAST 4 DIGITS OF SSN, XXX - XX - 4564 LAST JOB TITLE NAME Jeffrey D. Saleman LAST DEPARTMENT DATE ADDRESS 87 Armin Place LAST SALARY CITY & ZIP Buffalo, NY 14210 LAST 4 DIGITS OF SSN. XXX -XX -5787 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE.ON CIVIL SERVICE BUDGET ORG. CODE 12024001 TITLE CODE NO 2000 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2011 -79 SALARY RANGE OF POSITION $22 - $36,119 PER YEAR REASON FOR APPT. A13OVE.THE MINIMUM: NAME OF APPOINTING AUTHORITY: Daniel Derenda TITLE OF APPOINTING. AUTHORITY: Commissioner of Police DATE: 04/13/12 SIGNATURE OF APPOINTING AUTHORITY: L� ORIGINAL + 3 C PIE TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICtVIL SERVICE #7- BUDGET #8- DEPARTMENT 99- DIVTSION #10 _EMPLOYEE(S) 6�I NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS April 17, 2612 04104/2012 13:36 17168541783 BFLO PROFESSIONAL FI PAGE 02102 ®® 4 B UFFALO PROFESSIONAL FIREFIGHTERS ASSOC., INC. LOCH 282 LAYE, AFL- CIO -CLC April 4, 2012 Gent via facsimile) T,he Honorable Bonnie E. Russell Chairwoman, Civil Service University District Coiwnori Council Member 1508 City Hail Buffalo, NY 14202 Dear Common. Council Member Russell: I am requesting the opportunity to speck at the April 24, 2012 Civil Service meeting .regarding Buffalo Fire Dcpa.rtment promotions. Respectfully, Tom Barrett Vice President Buffalo Professional Firefighters Association IAFF Local 282 AFL -CIO 'k M.7 F `' - �Y 1 255 DEIAWAHAVENUE * 131lrTlt o NEwyoRK m2o2 • Planve. (7j6) 85fi.d130 FAI: M0 854 -17 6 04/04/2012 13:36 17168541783 SFLO PROFESSIONAL FI PACE 01/02 BUFFALO PROFESSIONAL FIREFIGHTERS ASSO . LOCAL 282 PHONE: (716)$56 -4130 FAX: (716)$54 -17$3 FACSIMILE TRANSMITTAL SHEET SEND TO: FROM: Council Member Bonnie Russell Tain 13arxelt ATTENTION: DATE: _ APRTr.4, 2 012 FAX NUMBER: TOTAL PAGES: (lad'adin coves:) 551 -4580 2 RE: CIVILStRVCCE,MEJ -MNG Q URGENT © FOR REVIEW ❑ PLEASE COMMENT 0 PLEASE REPLY This Facsimile is intended far the recipinrtt designated on this covet sheet acid may canudn privilevzd and sorft cnt6l kfonnation. If you have received th.ie foGSimile in error, please no#i£y us ifnmcdiately, Please do not wkd, disseminate, distribute or duplicate Ibis Eifternissi6ri. Thaiile you. NOTES /COMMENTS; 255 DELAWARE .A,'VENUL, BUFFALO, NEW YORK 14202 00 34 921 Main St Buffalo, NY 1 14203 2012 April 10 Gerald Chwalinski City Clerk City of Buffalo 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: I would urge the Common Council to support the Buffalo Preservation Board's recommendation to Landmark TRIC4 plant 1. I would like to voice my support in favor of saving this structure in its entirety. I would oppose any demolition, in part, or in whole, of this building which serves as part of Buffalo's manufacturing past. From an energy and environmentally conservative standpoint, it is better to restore solidly built structure like this than demolish it. Furthermore, UB Medical School should be located in this building instead of the favored location of McCauley Garden Apartments at Goodell Street and Michigan Avenue, which would entail demolition of occupied apartments which federal money, was used to construct. Sincerely, J. Brem REFERpeD To THE COMMITTEE AN LEGISLATION. CJ� d y 00 3 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: April 10, 2012 RE: Historic Landmark & Preservation status/ former Trico Plant 1 I would like to file the attached information for the next Common Council meeting to be held on April 10, 2012, Thank You, C Darius G. Pridgen Ellicott District Council Member' Eastman ` Over a Century of Cutting Expertise March 28, 2012 Hand- Delivered Honorable Members The Common Council City of Buffalo City Hall Buffalo, New York Re:. Historic Landmark & Preservation status I former Trico Plant 1 Dear Ms. Russell and Gentlemen: . i write to your Honorable . Body with concern for the issue before you of the former Trico. Plant 1. 1 believe I am qualified, and because of geography perhaps uniquely so, to speak to the disposition of this building by the Buffalo Niagara Medical Campus. Eastman Machine Company has made its home on the southeast. corner of Goodell and Washington Streets since 1901. Our distinctive cornerstone offices sit in the literal shadow of that deteriorating edifice whose uncertain future you now contemplate. At the same time, we have observed as well the threatened decline and recent rebirth of several of our other neighbors — The Sidway, the former Courier - Express and the M. Wile. buildings, - for example — through the laudable efforts of a private developer, charitable and not- for - profit institutions, respectively, aided to an appropriate degree by the public's support in the form of grants, tax relief or direct state and local government investments. From my office perch, I applaud those investments which, unashamedly, attest to my own family's four generations of commitment to this Buffalo crossroads. As to the criteria for the now - considered preservation of Trico Plant 1, 1 see no abiding historic value in its having once housed an innovative technology and whose owners made purely a business decision to. seek cheaper labor elsewhere. As to the architectural significance and character of the structure itself, I perceive in its 1920s -era reinforced concrete fagade nothing particularly unique, alone justifying its preservation . in the absence of the promise of an economically feasible conversion. Certainly, any fealty of this community to Trico's architectural contributions is nominally recognized by the private redevelopment of Trico Plant 2, the now so- called Tri -Main Building — a structure that to me has far more aesthetic appeal than its pre - eyesore confederate ever had. Eastman Machine Company M \/Vashin0ton Street, Buffalo, NY '14203 f x F1 716 -856- 2200 If: +1-716- 856 -1140 www.ea sl i na ncuts. Cola 4¢ 1 D Buffalo Common Council March 28, 2012 Page 2 At the same time, I do not impiiedly endorse the decision to be made purely upon an owner's mere cold, clinical calculus of the cost of retrofitting versus the cost of demolition and erection of a new structure, Although private owners surely have some obligation to the community to preserve significant dwellings in the public's interest, I heartily believe that government and government- supported institutions which receive substantial dollars from the taxpayer have a heightened responsibility to be transparent, considerate and flexible in their decision - making in relation to the community at large. In conclusion, I offer no great insight into the issues that should be balanced or the ultimate determination to be reached in deciding this building's fate. However, I would humbly urge all parties concerned to move with alacrity to assess the various factors and make a decision in a measured and responsible fashion, in witness of these times of seemingly increasing inflexibility toward problem- solving, we damage our community's potential for progress and a desirable "can -do" attitude for attracting investment by prolonging review processes to the brink of self - defeat. In closing, there occurs to me a certain perfect irony in the prospect of this debate before us. I vividly recall some twenty years agot the rt lisd the subsequent collective hand - wringing that marked the belate d safeguard for the long -run some of those very manufacturing jobs that Plant 1 and Buffalo then enjoyed. But, by the time support for an enduring compromise was marshaled, the die had been cast and a meaningful opportunity lost. Let us not again regret what proves to be the inevitable by failing to act this time with all deliberate speed. Thanking you for this opportunity to express my thoughts on this matter, remain Respectfully yours, REF ERRED TO THE COMN11TTEE ON LEGISLATION Robert L. Stevenson President cc: Hon. Byron W. Brown Preservation Buffalo Niagara Buffalo Niagara Medical Campus 00 30 April 4, 2012 Buffalo Common Council 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Honorable Council Members, am writing to express my interest in serving as South District Council Member to fill the vacated seat. I believe that my body of experience and determination to serve the City of Buffalo make me an ideal candidate for the position. lb4 Working for the Common Council since 2008 1 have become indoctrinated with the responsibilities of a Councilmember, thus allowing me to perform these duties effectively from day one. Through my day -to -day work experiences l have developed a unique approach to serving the community, focusing both on legislation to benefit the entire City of Buffalo as well as individual constituent service and community improvement. My previous familiarity with the Councilmember, Administration, department heads and other crucial city agents will allow me to accomplish many goals during my brief term of service. The residents of the South District deserve a representative who knows their expectations and is eager and prepared to meet th�!rn immediately. As 3 young family man with a wife and three children I value the importance of community over personal gain. Therefore I intend to serve as the interim Councilmember of the South District seat until such time as the residents of South Buffalo are allowed to elect a candidate of their choice. As a continuation of my public service I will assist in the training and acclamation of the new Councilmember and their staff following the November 2012 general election. If you have any questions or concerns you'd like to discuss please feel free to contact me at. Thank you very much for your consideration in allowing me the opportunity to seek such an honorable endeavor. Sincerely, Bryan J. Bollman Bryan J. Bnllman 279 Eden St. - Buffalo, NY 14220 (716) 472 -9936 - bollmanbryan @yahoo.com Objective To represent and protect the best interests of the residents of the South District with a specific focus on the continued maintenance and improvement of the community and its quality of life. Professional Experience City of Buffalo Common Council January 2008 to Present Chief-of-Staff for Council President /Lovejoy District Councilmember Richard A. Fontana. Responsible for the daily coordination of office staff duties, addressing constituents' concerns, and communication with city agencies and community partners including block clubs and community associations. City of Buffalo Housing Court January 2008 to Present Housing court liason. Responsible for communicating and reporting community concerns to the court regarding nuisance properties and delinquent property owners, as well as representation and advisory of constituents facing court cases. Ml Peterson Real Estate— October 2009 to February 2012 New York State licensed real estate agent. Negotiated residential and commercial real estate sales. UPS Supply Chain —May 2005 to January 2008 Customer support representative. Responsible for customer account management and international shipping operations. Mckesson Pharmaceutical Corporation -May 2003-April 2005 Customer service, Responsible for on time shipment and delivery of medical supplies to commercial vendors. Educational Ex erience University at Buffalo —May 2010 Bachelor of Arts Degree, Political Science Minor, American Politics Genesee Community College --May 2005 Associate of Science Degree, Liberal Arts V olunteer and Community Involvement Volunteer Organizations Meals on Wheels, Heroes Grove Veterans Memorial Committee, Seneca - Babcock Community Association, Mead Library References available upon request REFERRED TO THE COMMITTEE F HE WHOLE r r r r r r i 00 37 Operated by o VEOLIA WATER I MONTHL Y WA TER BOARD REPORT March, 2012 Buffalo Water Board Chairperson: Gluwole McFoy . $ Vice Chairperson: Donna Estrich Member: Gerald E, Kelly Member: William L. Sunderlin y, City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak City Engineer Peter Merlo REFERRED TO THE CQIJ ITTEE ON FINANCE, 00 38 Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging and Development Services (PPDS) Provider Date: April 3, 2012 Regarding: Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 2, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting elated March 5, 2012 3. Fully Executed Phase IV Application and Certificate for Payment No. 44R -- February 2012 4. Fully Executed Phase V Application and Certificate for Payment No. 27.— February 2012 5. Phase IV Application and Certificate for Payment No. 45 — March 2012 6. Phase V Application and Certificate for Payment No. 28 — March 2012 7. Resolution for Refunding of Phase 11 Bonds .8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project — February 2012 10, Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project -- February 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV — February 2012 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V — February 2012 C @5Y Uot�S,t ems, 00 40 April 16, 2012 Dear Council Member Smith, My name is Layah Fortune and i would like you to make a new law and that law is that people can't park on the park's paths and grass at MILK Park. This bothers me because it is inconsiderate to people who are trying to walk or bike on the paths. The cars that park on the grass destroy the grass and cause a lot of mud when it rains. I think people who park on the park grass and paths at MILK Park should get a ticket. From now on, when I see people parking on the grass or {paths I wi writedown their license plate number on a piece of paper and give it to the police. Thank you, La i F. Xg Fo r � ( REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. 0.t,A Ok Ksk z a ?ar K Ca►,s ,r Y ar M� (f-- Q 41 STATE OF NEW YORK LEGISLATURE OF ERIE COUNTY CLERK'S OFFICE BUFFALO, N.Y., March 29, 2012 TO WHOM IT MAY CONCERN: . I HAY CEFtTWY,. That at the 6th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo, on the Twenty -Ninth day of March, 2012 A.D., a Resolution was adopted, of which the following is .a true copy: A RESOLUTION TO BE SUBMITTED BY LEGISLATORS GRANT, MAZUR & MILLS, HOGUES, MARINELLI, HARDWICK, LOUGHRAN, RATH, McCRACKEN, DIXON & LORIGO WHEREAS, a dangerous traffic situation exists for pedestrians who cross Franklin Street directly between Old Erie County Hall, 92 Frarklin Street, and the Rath Building, 95 Franklin Street; and WHEREAS, a substantial amount of business is conducted between the employees and general public who traverse these two buildings, and beyond to the Erie County Family Court Building across from the Rath Building on Eagle Street, as well as the County Hall Annex at 25 Delaware Avenue; and WHEREAS, the pedestrian traffic crossing Franklin Street is composed of the general public; justices, employees, attorneys, litigants and jurors for the Erie County Court, New York State Supreme Court and Surrogate's Court; Erie County legislators and their staffs; employees of the Erie County Clerk's Office, Sheriff's Office, Probation Department and others; and WHEREAS, there is an urgent need for a demarcated pedestrian crosswalk on Franklin Street that clearly establishes that pedestrians have the right-of-way, and having a clearly marked crosswalk and other traffic safety measures called for at that location are in the best interests of both pedestrians and motorists alike; and WHEREAS, there are a number of model examples of mid -street pedestrian crosswalks on high - traffic thoroughfares in other communities throughout Erie County; and WHEREAS, it is fitting and proper for this Honorable Body to initiate an open public discussion about this situation and to seek redress from the City of Buffalo, which has jurisdiction over Franklin Street; and . WHEREAS, the Erie County Legislature unanimously approved a resolution to achieve that goal, Intro 25 -5 (2009), on December 17, 2009, yet this dangerous situation still exists. NOW, THEREFORE; BE IT RESOLVED that the Erie County Legislature request that representatives from the City of Buffalo t5' g � p tY attend a future meeting of the Public Safety Committee to discuss the concerns of county and state employees, as well as the general public, regarding the need for a demarcated pedestrian crosswalk on Franklin Street to provide safe passage directly between the Rath Building at 95 Franklin Street and Old County Hall at 92 Franklin Street in Buffalo; and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Mayor of the City of Buffalo, the Honorable Byron W. Brown; the Buffalo Common Council; and to Steven Stepniak, Commissioner of Public Works, Parks and Streets in the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE OOMR(rSSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL REFERENCE: INTRO 6 -2 (2022) REFERRED TO THE COMMITTEE ON COMMUNITY ATTEST DEVELOPMENT, PUBLIC WORKS AND CORPORATION .COUNSEL i / � --- -� V ROBERT M. GRABER Clerk of the Legislature of Erie County QQ 42 April 5, 2012 NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION ERIE CANAL HARBOR DEVELOPMENT CORPORATION . STATE ENVIRONMENTAL QUALITY REVIEW NOTICE OF PROPOSED LEAD AGENCY DESIGNATION Gallagher Beach Sand Sustainability Study 1515 Fuhrmann Blvd (Gallagher Beach) 175 Fuhrmanh Blvd (former NYPA parcel) Buffalo, Erie County, New York The New York State Urban. Development Corporation, d /b /a Empire State Development Corporation ( "ESDC "), on behalf of its subsidiary, the Erie Canal Harbor Development Corporation ( "ECHDC "), proposes to serve as lead agency for the environmental review process to carried out under the New York State Environmental Quality Review Act ( " SEQRA ") and its implementing regulations (6 NYCRR Part 617) in connection with Gallagher Beach Sand Sustainability Study (GBSSS)'in Buffalo, New York. The proposed action has been classified as an Unlisted Action under the implementing regulations for SEQRA. It involves the use of funds administered by ECHDC for a study to determine if sand placed on the existing beach surface will persist from year to year. The GBSSS will be comprised of three separate test areas of approximately the same size: 100 feet wide by 100 to 150 feet long. Each will contain an average of approximately 450 cubic yards of sand. Each test area will extend from the upland edge of the beach into the water to an approximate depth of 2 feet. The three test areas will be inspected at monthly for the duration of the study period, anticipated to extend from the Fall of 2012 into the following year. At the end of the study period, the test areas and immediate surrounding lake bottom will be re- surveyed. If within thirty (30) days from the mailing of this notification there are no comments from other potentially involved agencies, it will be assumed that your agency has no objections to ESDC serving as lead agency for the environmental review of the project. A reply form is enclosed for your convenience. The contact person for this project is: Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry Street Buffalo, NY 14202 716- 846 -8200 716 -846 -8252 1 cry A Full Environmental Assessment Form (EAF), Part 1, and a copy of this notice. have been sent to: Potential Involved' Agencies: ■ City of Buffalo Buffalo Dept. Public Works, Parks, & Streets - Buffalo Planning ■ Niagara Frontier Transportation Authority ■ New York State Department of State ■ NYS Dept. of Environmental Conservation - Region 9 ■ New York Power Authority ■ New York State Urban Development Corporations, d /b /a Empire State Development Corporation Interested Agencies /Parties /Organizations (FOR INFORMATION PURPOSES ONLY - NEED NOT RESPOND): ■ Hon. Charles Schumer,.United States Senate ■ Hon. Kirsten Gillibrand, United States Senate ■ Hon. Brian Higgins, United States Congress ■ Han. Timothy Kennedy, New York State Senate ■ Hon. Lynn Dixon, Erie County Legislator City of Buffalo Hon. Byron Brown, Mayor Buffalo Common Council (via City Clerk) Department of Public Works, Parks, and Streets Buffalo Planning Board ■ Erie County Department of Environment and Planning ■ Buffalo Niagara Riverkeeper An "Involved" Agency is a state, county, or municipal agency that has jurisdiction by law to fund, approve. or directly undertake an action or project. If an agency will ultimately make a discretionary decision to fund, approve or undertake an action (or portion thereof), then it is an Involved Agency. Under SEQRA, the designated "Lead Agency" must be Involved Agency. 2 An "Interested" Agency, party, or organization is an agency or entity that while lacking any jurisdictional or discretionary authority to directly fund, approve or directly undertake an action or project (or portion thereof), wishes to participate in the review process because of its specific expertise or concern about the proposed action. 2 RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION PROPOSED LEAD_ AGENCY: New York State Urban Development Corporation, d /b /a Empire State Development Corporation, on behalf of its . subsidiary, the Erie Canal Harbor Development Corporation. NAME OF ACTION /PROJECT: Gallagher Beach Sand_Sustainability Study 1515 & 175 Fuhrmann Boulevard Buffalo, Erie County, New.York On behalf of the (please insert agency name), I acknowledge receipt of the lead agency designation notice in this matter. The above named involved agency hereby (please check one): [ ] CONSENTS that the .above named agency serve ag lead agency in this application, and requests that the undersigned continue to be notified of SEClRA determinations, proceedings and hearings in this matter. [ ] DOES NOT CONSENT to the above named agency serving as lead agency in this application and requests that serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined in 6 NYCRR Part 617.6(e). DATED: SIGNED: NAME /TITLE: (please print) Please return by May 5, 2012 to: Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry Street Buffalo, NY 14202 716 -846 -8200 716 -846 -8252 REFERRED TO THE COMMITTEE ON 00 43 6T 7.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question. of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in. nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies. whether an impact can be mitigated or reduced. Part 3. If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: �✓ Part 1 ❑ Part 2 E]Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. 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 GALLAGHER BEACH SAND SUSTAINABILiTY STUDY 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) v"FERRED M TH 4 , ; COMMITTEE . Date O COMMU ITY VELOP E T. Page 1of21 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 these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Gallagher Beach Sand Sustainability Study Location of Action (include Street Address, Municipality and County) 1515 Fuhrmann Blvd. Buffalo, Eric Co., NY 14203 - part of tax map parcel no. 132.14 -1 -1 175 Fuhrmann Blvd. Buffalo, Erie Co., NY 14203 - part of tax map parcel no. 121.08 -1 -3.1 Name of Applicant/Sponsor Erie Canal Harbor Development Corporation Address 95 Perry Street, 5th Floor City/ PO Buffalo Business Telephone (716) 846 -8200 State New York Zip Code 14203 Name of Owner (if different) Niagara Transportation Authority (NFTA) (Gallagher Beach Site only) Address 181 Ellicott Street City 1 PO Buffalo State New York Zip Code 14203 Business Telephone (716) 855 -7388 Description of Action: The Erie Canal Harbor Development Corporation (ECHDC) is conducting the Gallagher Beach Sand Sustainability (GBSSS) in order to determine if sand placed on the existing beach surface will persist from year to year. The primary location for study activities will be at Gallagher Beach located in the southern portion of Buffalo's Outer Harbor. A secondary study area is located on a parcel owned by the ECHDC located south of the mouth of the Buffalo River and immediately south of Times Beach. The "NYPA Parcel" was formerly owned by the New York Power Authority (NYPA) and used by NYPA to store an ice boom. The GBSSS will place a total of approximately 1,400 cubic yards of sand in two locations at Gallagher Beach and one location at the NYPA parcel. At each location, the sand will be.placed in a continuous layer approximately 1 foot thick. Each test plot will be up to 100 feet in width. The sand will be placed from the upland end of the beach down into the water to a depth of approximately 2 -3 feet. Of that volume, approximately 900 cubic yards (divided between the three test plots) will be placed below the ordinary high water mark (el. 573.41GLD 1985). The sand will be surveyed immediately after placement in Fall 2012 and then again in the spring of 2013. It will be inspected at least monthly throughout the winter, snow accumulation and harbor freeze -over permitting. The results of the field test will be used to help determine the next step in the beach development process. Such steps might include full scale beach development, or additional tests to determine if modifications to the sand placement design might increase its sustainability. Location maps, Project Description and Project Drawings are attached. 4 . Page 2 of 21 Please Complete Each Question- -Indicate N.A. if not applicable Z' A. SRE DESCRIPTION Physical setting of overall project both developed and undeveloped areas. 1. Present Land Use: ❑Urban ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non -farm) ❑ Forest ❑ A griculture ❑ Other recreation - waterfront (Gallagher Beach) vacant industrial waterfront NYPA Parcel 2. Total acreage of project area 0.86 acres. APPROXIMATE ACREAGE Meadow or Brushland (Nan - agricultural) Forested Agricultural (Includes orchards, cropland, pasture etc.) Wetland (Freshwater or tidal as per Articles 24,25 of EC L) Water Surface Area U nvegetated (Rock earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) sand PRESENTLY AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0.59 acres 0.59 acres 0.27 acres 0 acres 0 acres 0 acres. 0 acres 0.27 acres 3. What is predominant soil type(s) on project site? Ud - urban land a Soil drainage: El Well drained 100 % of site ❑ Moderately well drained % of site. ❑Poorly 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 NY Land Classification System? acres (see 1 NY CRR 370). 4. A re there bedrock outcroppings on project site? ❑ Yes ■❑ No a What is depth to bedrock X20 (in feet) 5. Approximate percentage of proposed project site with slopes: E1 0-1 0% — LO - 0 -% 1:310- 15% % ❑ 15% or greater __% 6. Is project substantiall contiguous to, or contain a building, site, or district; listed on the State or National Registers of Historic Places? NY es ❑i No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes ■❑No S. What is the depth of the water table? 0 -2 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes n o No 10. Do. hunting, fishing or shell fishing opportunities presently exist in the project area? M Yes ❑ No Page 3 of 21 11. Does project site.contain any species of plant.or animal life that is identified as threatened or endangered? EY es ❑ No A ccordin2 m r. NYSDEC Natural Heritage Program. No Federally listed threatened or endangered species per USFWS web site. See attached correspondence from NYSDEC Natural Heritage Program. 12. A re there any unique or unusual land forms on the project site?? ti. a, cliffs, dunes, other geological formations? O yes 0 No Describe [ Both sites are waterfront locations in former industrial areas. Gallagher Beach has a pea gravel surface and the NYPA parcel consists of a mixture of gravel, stone and miscellaneous debris. 11 Is the project: site presently used by the community or neighborhood as an open space or recreation area? Q Yes ❑No If es, explain: Gallagher Beach is a passive recreation location along the Lake Erie (Outer Harbor) used for wind surfing and fishing. There is a bike path, seating area, fishing pier, docks and existing pea gravel beach. The NYPA parcel is currently closed to the public. 1.4. Does the present site include scenic views known to be important to the community? MY es ❑N o Both waterfront locations offer views of the Outer Harbor and Lake Eric. The NYPA Parcel is adjacent to the Times Beach Nature Preserve. 15. Streams. within or contiguous to project area a Name of Stream and name of River to which it is tributary 16. Lakes; ponds, wetland areas within or contiguous. to project area Lake Erie. b. Size (in acmes): Outer Harbor is — 3.5 miles ling. Lake Erie has 9,940 square miles of surface area. Page 4 of 21 111 17. Is the site served by existing public utilities? , EYes ❑ No a If YES, does sufficient capacity exist to allow connection? ❑� Yes ❑ No b. If YES, will improvements be necessary to allow connection? RY es ❑No 18. Is - the site located in Nyes' gultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? r 07 No 19. Is the site located in or substantial) contiguous to a Critical Environmental A rea designated pursuant to Article 8 of the ECL, and 6 NYC RR 617? [:]Yes nNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? . El Yes EL Project Descdption MNo 1. Physical- dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor. 93 / 15 acres. b. Project acreage to be developed: 0.86 acres initially, 0.86 acres ultimately. c. Project acreage to remain undeveloped: 93/15 acres. d. Length of project in miles: n/a (if appropriate) e If the project is an expansion, indicate percent of expansion proposed. n/a % f. Number of off -street parking spaces existing n/a ; proposed n/a g Maximum vehicular trips generated per hour. n/a (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Initially 0 U Itimately 0 Multiple Family Condominium i. Dimensions (in feet) of largest proposed structure: n.a. I height; n.a. width; n.a. length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 400 ft 2. How much natural material (i.e. rock, earth etc.) will be removed from the site? 0.0 tons/cubic yams. 3. Will disturbed areas be reclaimed FlY es ❑ No ❑ N /A a If ves fnr what intended nuroose'is the site being reclaimed? ;and will be graded into existing surrounding surface at end of Study b. Will topsoil be stockpiled for reclamation? ❑Yes ■❑ No a will upper subsoil be stockpiled for reclamation? ❑Yes � No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.0 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 ❑ Na 6. If single phase. project: A nticipated period of construction 1 months, (including demolition). 7. If multi - phased a Total number of phases anticipated 1 (number) b. Anticipated date of comfnencement phase 1: 9 month 2012 year, (including demolition) G Approximate completion date of final phase: 9 month 2012 year d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No S. Will blasting occur during construction? ❑ Yes n o No 9. N umber of jobs generated: during construction 0 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes ,,❑■ Na if yes, explain: 12. Is surface liquid waste disposal involved? ❑ Yes El 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? El Yes ❑■ No Type 14. Will surface area of an existing water body increase or decrease by proposal? 07 Yes FIN If yes explairr. approximately 900 cubic yards of sand divided between three test plots will be placed below the OHWL 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes ❑No 16. Will the project generate solid waste? ❑Yes M O NO a If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ❑ Y es ❑ No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Des. ONO Page 6 of 21 4� e If yes, explain: 17. Will the project involve the disposal of solid waste? 11 Yes FIN a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 1 S. Will project use herbicides or pesticides? [ M 19. Will project routinely produce odors (more than one hour per day)? ❑ Y es F'No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ENo 21. Will project result in an increase in energy use? ❑ 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 0 gallons /day. 24, Does project involve Local, State or Federal funding? ❑� Yes ❑ No If yes, explain Brie Canal Harbor Development Corporation is conducting/funding the Gallagher Beach Sand Sustainability Study Page 7 of 21 25. Approvals Required: City, Town, Village Board ❑ Yes M No City, Town, Village Planning Board ❑ Yes No City, Town Zoning Board ❑ Yes 7 No City, County Health Department ❑ Yes El No Other Local Agencies ❑ Yes Q No Other Regional Agencies El Yes ❑ No State Agencies Q Yes ® No Federal Agencies ❑� Yes ❑No W. I forrttation Type Submittal Date NFTA - owner (Gallagher) NYSDEC - Joint Permit NYSDOS - Coastal Consist. USACE - Joint Permit G. Zantng and nnsrig n 1.. Does proposed action involve a planning or zoning decision? ❑Yes No If Yes, indicate decision required: ® Zoning amendment ® Zoning variance ® New /revision of master plan ❑ Subdivision ❑ Site plan ❑ Special use permit ® Resource management plan © Other Page 8of21 2. What is the zoning classification(s) of the site? 3. Gallagher Beach: M3 Leavy industrial District NYPA parcel: M2 General Industrial District What is the maximum potential de velopment of th e site if developed as permitted by the present zoning? industrial 4. What is the proposed zoning of the site? 5. 6. 7. same What is the maximum potential development of the site if developed as permitted by the proposed zoning? industrial Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 Y es ❑ N o W hat are the predominant land use(s) and zoning classifications within a A . mile radius of proposed action? M3, M2 and MI Industrial, transportation, and vacant. e. is the proposea action compatiDie wire aojoinmgrsurrounamg ianu uses wire a r4 mue. U r t U AMU g, if the proposed action is the subdivision of land, how many lots are proposed? no 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 No 11. Will the proposea action create a aemana ror any commumEy proviueu servJL;es t1UUU0UU11, UUMAMU11 I.:UntIc, ❑ Yes Q No a. If yes, is existing capacity sufficient to handle projected demand? Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No a. If yes, is the existing road network adequate to handle the additional traffic. ❑Yes ❑ No D. Informational Details . Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name ErieCanal Harbor Development Corp Date. Signature Title lL -, —." 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 ale 4 " 4 30 KN i T� - 7 ST ri ro I'Z V R 73 g 7 T:f Z,` dB oo 43 i N ..... Mi SAND SU% M .RIM Vs ku" NYPA PARCE BUFFALO ER -- NT Cl NOTES: 1. THIS FIGURED` BUFFALO SE Q Au WAS INED THE NYS GIS LLAKINGHQ 5 WUJZA 777! , ®r r 4 a A i J• i S1,� - - 7 :3 :0. f' '9 4 - f r P oo i'� t ���9 �3✓ � �y' � i 1 tr� $4R :�.� Amu 1 WKW 1i ' t• ; �Si.,. ,. . t��,a�_Ch1rf FF1 '�' A.: s'�'� 3 .� •. k CA [( e y ,:1Eie� r �< 6 - S at F Y• 1 3 s 1 r r `� +y � -. s5�+�� ?a R ` L - •r� a s t\ 7 c 1. 3 n r te v T�:v'z ,•^ yy - MM r Y; r 4 tt`¢^ 7.Y r y f y S a s."�'4sy` s gild; ; •r - a � \ - x tt- . 't y 3 a: -� �z'S s ' V a 4. " PRE �i � SOH ; � F .j1; F,' Y r .. 4 i. '.. t # _s r �� ?1'r. =. r`•fi}17F� "fir t,. >. ?�11r I ��]�'�.`tw g����r�"�,�: a - Gallagher Beach Sand Sustainabili Stud — Project Description 1. Detailed Description The Gallagher Beach Sand Sustainability (GBSSS) will be comprised of three separate test areas of approximately the same size: 100 feet wide by 100 to 150 feet long. Each will contain an average of approximately 450 cubic yards of sand. Each test area will extend from the upland edge of the beach into , the water to bottom elevation of approximately 569.0 IGLD85 (international Great Lakes datum 1985). This will assume a water depth of approximately 2 feet, as the long -term average lake level is approximately 571.2 feet. Two of the areas will be constructed on the existing surface of Gallagher Beach as shown on Drawing C -001; the third area will be constructed on the former New York Power Authority (NYPA) parcel as shown on Drawing C -002. The exact size and location of the test areas will be adjusted in the field in consultation with the NYSDEC, as necessary, to avoid significant impacts to submerged aquatic vegetation (SAV). The SAV in the general vicinity of the locations proposed for the test areas will be surveyed during the 2012 growing season. The survey will extend 25, feet from the proposed toe of sand in the lakeward direction and 50 feet laterally from the proposed edge of sand on either side. If any SAV is identified in the survey area, the NYSDEC will be consulted to determine if adjustment of the location or size of the test area is warranted. Each test area will consist of a 1 -foot thick layer of sand bounded by an edge restraint. The edge restraint, shown on Drawing D -001, will hold the sand in place as if it was butressed by adjacent sand on a fully developed beach. The edge restraint will be constructed of a geosynthetic mesh tube filled with pea gravel. It will retain the sand while allowing waves to dissipate through it. The edge restraint itself will be held in place by another mesh that will be wrapped around the tube and extend laterally beneath the sand layer. The sand will be obtained from sources that are used for the "nourishment" of other beaches in the Great Lakes region. A specification for the proposed sand, developed from specification used by the USACE for beach nourishment projects, is shown on Drawing SP -001. The material will be specified to be predominantly quartz and feldspar materials. It will have a median grain size of between 0.6 and 1.2 mm, with less than 2 percent fines. The top size will be less than 318 inch. Testing will be performed to ensure that it meets I the "Unrestricted Use" standards for chemical constituents established in New York State Part 375. 1:11 l 1765 ApplicationTCHDC GBSSS Project Description - 11- 23- 2011.docx 2. Construction The test areas will be constructed in the dry. A temporary cofferdam such as Port -A -Dam or a similar structure will be installed into the water immediately outside of the test area. A detail of a typical Port-A -Dam installation for waters of this anticipated depth is shown on Drawing ES -001.- The water within the cofferdam will be pumped into the Iake, with a diffuser at the outlet to prevent scour of the lake bottom. The edge restraint and test sand will then be placed into the dewatered area using conventional construction equipment. Upon completion of the construction, anticipated to take 2 to 3 days, .the cofferdam will be carefully removed. The placed sand and the immediately surrounding lake bottom will be surveyed (in the wet) after removal of the coffer dam. Note that this study requires no excavation or other disturbance of the existing ground or lake bottom. The placed sand will be specified to have Tess than 2 percent, fines, and 'so should cause minimal turbidity during and after placement. 3. The Study The three test areas will be inspected at least monthly for the duration of the study period, anticipated to extend from the Fall of 2012 into the following year. Each inspection will include an assessment and photographic documentation of the condition of the visible portions of the test areas. The test areas will not be maintained during that time. At the end of the study period, the test areas and immediate surrounding lake bottom will be re- surveyed. 4. Termination Upon review and evaluation of the test data and official completion of the study, the geosynthetic portion of the edge restraint will be removed, and the sand and pea gravel will be allowed to dissipate into the environment. IA 111765121WordloraftlPermittingUoint ApplicationlECHDC GBSSS Project Description - 11- 23- 2011.docx NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish, Wildlife & Marine Resources 625 Broadway, 5'" Floor, Albany, New York 12233 -4757 Phone; (518) 402 -8935 • Fax: (518) 402 -8925 Website: www.dec.ny.go_v September 6, 2011 Gary Palumbo U R S Corporation 77 Goodell Street Buffalo, NY 14203' Dear Mr. Palumbo: oboe Joe Martens Commissioner In response to your recent request, we have reviewed the New York Natural °Heritage Program database with respect to an Environmental Assessment for the proposed Gallagher Beach Sand Shstainability Study Fuhrmann Blvd — Rte 5, ' Sites of Gallaghers Beach and, the NY PA Parcel, as indicated on the map you provided, located in the City of Buffalo, Erie County. Enclosed is a report , of rare or state - listed animals and plants, significant natural communities, and other significant habitats, which our databases indicate occur, or may occur, on your site or in the immediate vicinity of your site. For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our databases. We cannot provide a definitive statement at to the presence or absence of all rare or state - listed species or significant natural communities. This information should not be substituted for on -site surveys that may be required for environmental impact assessment. The enclosed report be included in documents that will be available to the public. However, any enclosed maps displaying locations of rare species are considered sensitive information, and are intended only for the internal use of the recipient; they should not be included in any document that will be made available to the public, without permission from the New York Natural Heritage Program. The presence of the plants and animals identified in the enclosed report may result in this proj pct requiring additional review or permit conditions. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the appropriate NYS DEC Regional Office, Division of Environmental Permits, as listed at www.dec.ny.gov /abo ml. Our databases are continually growing as records are added and updated. If this proposed project is still under development one year from now, we recommend that you contact us again so that we may update this response with the most current information. incerely, Jean Pietrusiak, Information Services . . NYS Department Environmental Conservation Eno. cc: Region 9 # 866 X t AA Nat ural Heritage Report on Rare Species and Ecologicmmunities NY Natural Heritage Program, NYS DEC, 625 Broadway, 5th Floor, Albany, NY 12233 -4767 (518) 402-8935 -The information in this report includes only records entered into the NY Natural Heritage databases as of the date of the report. This report is not a definitive statement on the presence or absence of all rare species or significant natural communities at or In the vicinity of this site. Refer to the User's Guide for explanations of codes, ranks and fields. —Location maps for certain species and communities may not be provided 1) if the species is vulnerable to. disturbance, 2) if the location andfor extent is not preciseiy known, 3) if the location and /or extent Is too large to display, and/or 4) if the anirnal is fisted as Endangered or Threatened by New.York State_ Natural heritage Report on Rare Species and Ecological Communities , BIRDS Office Use lxobrychus exills Unlisted NYS Rank: 82 - Imperiled 12691 Federal Listing: Global Rank: . G5 - Secure Last Report: . 2007 -07 -07 EO Rank: Extant County: Office Use Least Bittern NY Legal Status-.Threatened NYS Rank: S3B,S1 N -Vulnerable 10893 Breeding Federal Listing: Global Rank:. G5 - Secure ESU Last Report: "* EO Rank: determine a population estimate and the extent of the occurrence. While the immediate area is on County: Erie and a powerline corridor The area is a reclaimed cattail marsh and Lisa Pond is most likely Town: Buffalo - City deer was observed browsing in the pond perimeter and pond dwelling odonates (Plathemis lydia Location: At, or in the vicinity of, the project site. General Quality **For information on the population at this location and management considerations, please contact and Habitat: the NYS DEC Regional Wildlife Manager for the Region where the project is located. Podilymbus podiceps Office Use Pled - billed Grebe NY Legal Status:Threatened NYS Rank: S3B,S1N - Vulnerable 10636 Breeding Federal Listing: Global Rank: G5 - Secure ESU Last Report: "` EO Rank: ** County: Erie Town: Buffalo - City Location: At, or in the vicinity of, the project site. General Quality **For information on the population at this location and management considerations, please contact and Habitat: the NYS DEC Regional Wildlife Manager for the Region where the project is located. CRAYFISH and AMPHIPODS Camberus diogenes Office Use Davit Crawfish NY Legal Status: Unlisted NYS Rank: 82 - Imperiled 12691 Federal Listing: Global Rank: . G5 - Secure Last Report: . 2007 -07 -07 EO Rank: Extant County: Erie Town: Buffalo - City Location: Tiffl Farm Marsh General Quality The rank is based on NatureServe's draft Proposed Generic Ranking Definitions for Animals and and Habitat: Plants of September 22, 2007. The crayfish appear to have persisted for over twenty years at Lisa Pond and many sightings were reported at Beth Pond In the 1980& Additional survey work could determine a population estimate and the extent of the occurrence. While the immediate area is on protected land, the habitat appears degraded and the surrounding landscape is industrial with roads and a powerline corridor The area is a reclaimed cattail marsh and Lisa Pond is most likely man -made and appears degraded. Cattails„ herbaceous plants, sedges, and shrubs were present. A deer was observed browsing in the pond perimeter and pond dwelling odonates (Plathemis lydia and Anex lunius) were observed. FISH August 22, 2014 Page 1 of 2 Natural Heritage Report on Rare S {AM g p Species and Ecological Communities � 1 Acipenser fulvescens Office Use Lake Sturgeon NY Legal Status:Threatened NYS Rank: S1 S2 - Critically imperiled 11154 Federal Listing:. Global Rank: G3G4 - Vulnerable BOF Last Report: *" . EO Rank: "* County: Erie, Lake Erie Open Waters Town: Buffalo - City, Hamburg, Lackawanna - City, Lake Erie Open Waters, Tonawanda - Town Location: At, or in the vicinity of, the project site. General' Quality "For information on the population at this location and management considerations, please contact and Habitat.: the NYS DEC Regional Wildlife Manager for the Region where the project is located. OTHER Gull Colony Office Use NY Legal Status:Unlisted NYS Rank: SNR - Rank not assigned 7534 Federal Listing: Global Rank: GNR - Not ranked Last Report: 1985 -05-14 EO Rank: Excellent County: Erie SL Town: Buffalo - City, Lackawanna - City Location: Stony Point General Quality More than 6000 nests, but colony is on diked dredge spoil disposal area. Dredge spoil disposal site and Habitat: separated by dikes from Lake Erie. Low lying, gravelly, sparsely vegetated beach. Open water will eventuallybe eliminated as dredge spoils fill site. Huge slag pile at southern end, with steep banks down to beach. Surroundirt Land use is industrial. 5 Records Processed More detailed information about manly of the rare and listed animals and plants in New York, including biology, identification, habitat, Conservation, and management, are available online in Natural Heritage's Conservation Guides at wwmacris.nvnhmora from NatureServe Explorer at htt / /www.natureserve.om6mWlor6r from NYSDEC at htto:/ Avww .dec..mtgov /animals/7494.html (for animals), and from USDA's Plants Database at h.�plant�ida.a- V /index.htmi (for plants). More. detailed information about many of the natural community types in New York, including identification, dominant and characteristic vegetation, distribution, conservation, and management, is available online in Natural Heritage's Conservation Guides at WM. acds.nvnhD,om , . Fordescriptions of all community types, go to htt�/w m.dec.ny.pov /animals /29384.html and click on.Draft Ecological Communities of New York State, August 22, 2011 Page 2 of 2 Natural Heritage Report on Rare Species and Ecological Communities NY Natural Heritage Program, NYS DEC, 625 Broadway, 6th Floor, 4 Albany, NY 12233 -4757 (518) 402.8935 The information in this report includes only records entered into the NY Natural Heritage databases as of the date of the report.-This.report is not a def€nitive statement on the presence or absence of all rare species or significant natural communit €es at or in the vicinity of this site. Refer to the User's Guide for explanations of codes, ranks and fields. - location maps for certain species and communities may not be provided 1) if the species is vulnerable to disturbance, 2) If the location and/or extent is not precisely known, 3) if the location and /or extent is too large to display, and /or 4) if the animal is listed as Endangered or Threatened by New York State. Natural Heritage Report on Rare Species and Ecological Communities 4 FISH Acipenser fulvescens Office Use Lake Sturgeon NY Legal Status:Threatened MYS Rank: 8182 - Critically imperiled 11154 Federal Listing: Global Rank: G3G4 - Vulnerable BOF Last Report: 90 Rank: County: Erie, Lake Brie Open Waters Town: Buffalo - City, Hamburg, Lackawanna - City, Lake Erie Open Waters, Tonawanda - Town Location: At, or in the vicinity of, the project site. General Quality "For information on the population at this location and management considerations; please contact and Habitat: the NYS. DEC Regional Wildlife Manager for the Region where the project is located. OTHER Waterfowl Winter. Concentration Area Office Use NY Legal Status Unlisted NYS Rank: 83S4 - Vulnerable 6681 Federal Listing: Global Rank: GNR - Not ranked Last Report: 1994-01-25 EO Rank: Excellent County: Erle, Niagara S Town: Buffalo - City, Grand island, Niagara Falls - City, North Tonawanda - City, Tonawanda - City, Tonaws Location: Upper Niagara River General Quality About 20 miles.of a main channel river, with depths to 30 feet, Waterfowl use of the area -each and Habitat: winter is influenced by the extent of ice cover. - three shallow sections serve as'major feeding locations within this area: the shallow shoal area from motor island to upstream of Strawberry Island is less than 6 below mean low water, and contains beds of submergent aquatic vegetation (e.g., wild celery) and patches of emergent wetland vegetation along the shore. The wide shallow section from the western ends of Buckhorn and Navy Islands to the. beginning of the rapids above Niagara Falls is less than 10 feet below mean low water, and has a sparsely vegetated bedrock substrate and extensive undisturbed areas with no excavation or fllinn. The oven water of 2 Records Processed More detailed information about many of the rare and listed animals ancl plants in New York, including biology, identification, habitat, conservation, and management, are available online in Natural Heritage's Conservation Guides at www.a r€ h .o , from NatureServe Explorer at htt :l .natu ro .o /ex Icrer, from NYSDEC at to: l/www.dgc.nv.aovlan €maW494.himi (for animals), and from USDA's Plants Database at htto.:! /p ants.usda.govAhdex.html (for plants). More detailed information about many of the natural community types in New York, including identification, dominant and characteristic vegetation, distribution, conservation, and management, is available online in Natural Heritage's Conservation Guides at win w,acris.nvnhmorg For descriptions of all community types, go to htt : /Iwww.dec.n . ov /animals/29384.h ml-and click on Draft Ecological Communities of New York State. August 22, 2011 Page 1 of 1 SAND SUSTAINABILITY STUDY FOR NYPA PARCEL AND GALLAGHER BEACH ERIE COUNTY, NEW YORK REGIONAL LOCATION MAP PROJECT )� LOCATION 1 NEW ly ©IRIK 31MVE PREPARED FOR: ERIE CANAL HARBOR DEVELOPMENT CORPORATION BUFFALO, NEW YORK INDEX OF DRAWINGS COVER G-001 LEGEND, ABBREVIATIONS GENERAL NOTES do SPECIFICATIONS C-001 GALLAGHER BEACH PLAN C -002 NYPA PARCEL PLAN C-003 SECTIONS (1 OF 2) C —OD4 SECTIONS (2 OF 2) DT -001 DETAILS ES-001 EROSION AND SEDIMENT CONTROL DETAILS NOVEMBER 2011 URS Corporation New 'York 77 Goodell Street, Buffalo, New York 14203 (716)856 -5636 - (716)856 -2545 fax Q F q o VI AR� a Sys ;. s �s o Is M g 1" P 'g b. ;,4 :1 ,I RN JE r z IS 5, �Un t5 � 851 Nil l ag wi aF ra o Yy O pig Vt k a ! I ti . l 111111 V' • ij �t g =q SS g <a 1. TAM 19 p x IN NO , 1 h flip a 7 d� I� a dY a o r" J ill i �g s lip pin €I x � a W IN � J IM M fl P ' 11, IN N la a � "fib s � y g� : 1_ y� _ d a 1 rg A � D o H � ^J d�� o 0 1- azY a. 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W 60' W FEET OESpNED SY: Co + Eke -MUNiY DMRS Br. ss �J oration ERIE CANAL HARBOR GALLAGHER BEACH PLAN 9 A nnl .IUwelnssio +rtRll�+aaLr.Twr� cNECxEOar. N Yox& ,�:Gn +ia I DEVELOPMENT CORPORATION SAND SUSTAINABILITY STUDY JOB NO. 11176512 Somr AS sNDWN .: Nov. xG11 0007 PRC1L p MY OF BUFFALO NEW YBR11 REVISIONS I. SYSkiL, IM'SS MNE, 1865865 AOA151NE11T ELCOATON ARC ASMENPM WIENNAlwx GREAT LAKES mwm J,=!5). �_Iy`� ;. C MJ WY PERFORNEO BY LRS 00 IMTI011 ON AILY 6 ! Z 2011. SOROON ��� op 0, Ev M ORTICWN PROYIXO IN NEY' YORK Sf PLANE N�/1 0 COOR6xATE - lily STSIEx, COIIPI£IFO IN A9RL MML O W Ip' ' - - SCALE IN FEET OE514Th0 Sl: .B1E. - mE COINIIY - NRxKx x • � Corporation ERIE CANAL HARBOR E NYPA PROPERTY PLAN -Am Nuu YoiY SAND SUSTAINAHELITY STUDY saeWSSwx eulrt resiiwnrs leima .�.. .: a'S.SN G. 1 111 DEVELOPMENT CORPORATION W. REYSSIONS 6 JIB J013 NO, - 16512 CBY OF BUFFALO NEW YORK , Sews AS sruwx oau: xw. 4N11 C - 002 m t �� 0 in , p T W" IN FEET IEp1pL AAFA m E[ EAxE ERIC pEAU1Eam cv PI>.vElp r te& 1. T4 IANE IEVEL A TI[ LONG-TERM M E T.9 ax AAEEO N; STIa Ip1T. AxEN Na �LONG-TERM AYERArE sTU rATER EEVEL of i+A[ c6e. 2 914 C4i1a.LTgi 41.1E -mm M PEnT TIE corlEap m mb ALL OWN EMMI IIENTN. WHIR E6 m ADDREZ T4 AC paNpNlpr6 a T4 rf i11ER IO.1m A IJIS dormw ENIMINWIEA, fMKlf lfal YARY ,., W ak 91gW. ZE EROSION AND ERIE CANAL HARBOR SEDIMENT CONTROL DEVELOPMENT CORPORATION $AND SUSTAINABILITY STUDY DETAILS m a 6mr xF9E - 13 — N I IP"ol xp1Es 1. WFFApAM MALL BE AS NAINFACEIIRFp W TYPICAL COFFERDAM DETAIL ! dSTAIAXIION DETAIL s PMMikN (41p.E1 M APrnwEO E00IIL YPI MDT m 9611E E -^�Op1 001 2114 �W m F M ALL " NNom TC AM " 6EITm1L WWI xxl w lqT F ' ANp - 111EEE mm. --°- -S Corporation � W. Ncly Ywk 1 ®.N mil' [NFCEEp BH: 10 .PUTAa NS�'Ymk1�Jl3 9_99 E w. - .�xswx � - REVISlDNS� - pm. fix• 9M_ 16x No- .Iti1 7 11 7 6 u JOB NO. 5776512 r te& 1. T4 IANE IEVEL A TI[ LONG-TERM M E T.9 ax AAEEO N; STIa Ip1T. AxEN Na �LONG-TERM AYERArE sTU rATER EEVEL of i+A[ c6e. 2 914 C4i1a.LTgi 41.1E -mm M PEnT TIE corlEap m mb ALL OWN EMMI IIENTN. WHIR E6 m ADDREZ T4 AC paNpNlpr6 a T4 rf i11ER IO.1m A IJIS dormw ENIMINWIEA, fMKlf lfal YARY ,., W ak 91gW. ZE EROSION AND ERIE CANAL HARBOR SEDIMENT CONTROL DEVELOPMENT CORPORATION $AND SUSTAINABILITY STUDY DETAILS m a 6mr xF9E - 13 — N I IP"ol Q0 4r' New York State Department of Environmental Conservation raij - op Z191 r e3ii i a tel State Superfund Program Receive Site Information by Email. See "For More Information" to Learn How. Revised March 29, 2012 Site Name: Lehigh Valley Railroad March 23, 2012 Site No: 915071 Tax Map No. 132.12 -1 -1.11 Site Location: 110 Furhmann Blvd., Buffalo, Erie County, 14202 Inactive Hazardous Waste Disposal Site Delist Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and/or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry "). The Department has determined that this site ( see map on reverse side) no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s): An interim remedial measure conducted at the site included excavation and off -site disposal of contaminated soil. The excavations were then backfilled with clean soil and the area was restored to a small wetland. Some residual subsurface soil and ground water contamination remains, .but an Environmental Notice restricts the use of ground water and public water supplies the area., The Environmental Notice also restricts soil disturbances on -site and change of use. Public comments are being received before the decision to remove the site from the Registry is finalized. The public comment period will end May 4, 2012. If you would like to provide us with written comments, please . send them to: Mr. Maurice Moore, Project Manager, NYS Department of Environmental Conservation, 270 Michigan Ave., Buffalo, NY 14203 ;mfmoore @gw.dec.state.ny.us; or call 716 -551 -7220. A summary of any comments will be assembled and made available for viewing at our Regional Office at 270 Michigan Ave., Buffalo, NY 14203. If we do not receive any new or additional information during this public comment period.that changes our delist proposal, we will delist the site on or after May 22, 2012. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed above. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www. dec. ny. gov/ cfmx /extgpps /derextemal /index.c_frn? eid =3 The Department is sending you this notice in accordance with Environmental Conservation Law Article 27, Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parties on the contact list for this,site of this recent action. /�l INT f p ,� } _. AC 970 (Rev. 1964) Cities over 125,000 Population 00 45 STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER ALBANY, NEW YORK 12236 DEBT STATEMENT OF CITY OF BUFFALO ERIE COUNTY, NEW YORK PREPARED AS OF APRIL 2, 2012 REFERRED TO THE WITTEE N FINAN is The following is a statement of the City of Buffalo, in the County of Erie, New York, to contract indebtedness, and is prepared as of April 9, 2012, pursuant to Title 8, Article I1 of the Local Finance Law. DEBT LIMIT Multiply "Average Full Valuation" (Page 2) by .09 (.09 x $6,496,017,510) TOTAL NET INDEBTEDNESS Total Inclusions (page 2) Less: Total Exclusions (Page 3) Total Net Indebtedness NET DEBT - CONTRACTING MARGIN Debt Limit (Above) Less: Total Net Indebtedness (Above) Net Debt - Contracting Margin $584,641,576 $307,889,414 24,941,521 $282,947,893 $584,641, 576 282,947,893 $ 301,693,683 PERCENTAGE OF DEBT - CONTRACTING POWER EXHAUSTED Divide "Total Net Indebtedness" by "Debt Limit" and enter result here 48.40% PROPOSED BOND AND NOTE ISSUES The amount of bonds and notes proposed to be sold at public sale on April 17, 2012 in connection with which this statement is made and filed is: $42,265,000 The amount of bond anticipation notes heretofore issued in anticipation of the sale and issuance of the bonds and included at "Borrowings" at Item 1 of Inclusions on page 2 is: -0- The City will not sell any bonds or notes at public or private sale between the date as of which this debt statement is prepared and the date of sale above mentioned. I STATEMENT OF TOTAL DEBT AVERAGE FULL VALUATION (Computation of Average Full Valuation Based on Last Five Completed Assessment Rolls) Year (1) (2) (3) Ended Taxable Assessed Final State Full Valuation of June 30: Valuation of Real Estate Equalization Rate (a) Taxable of Real Estate (a) -0- 2008 $6,085,771,740 97.36% $ 6,250,792,666 2009 6,132,108,194 97.68% 6,277,752,041 2010 6,211,380,838 96.62% 6,428,669,880 2011 6,406,851,468 96.04% 6,671,024,019 2012 6,405,793,577 93.49% 6,851,848,943 -0- Total of Lines 1 to 5 Inclusive 34 480 087 549 Average Full Valuation (115 of Total of Column 3) (a) Special State Equalization Ratios. INCLUSIONS 1. Borrowings. Sec. 135.00(a,l). 7 1 1 $ 6,496,017,510 2. Real Property Liabilities. Sec. 135.00 (a,2) 142.00. 3. Contract Liabilities. (Separate according to See. 135.00(a,3b)). 4. Contract Liabilities: Housing Guarantees; Subsidies. (Separate according to See. 135.00(a,4)). 5. State Loans to Certain Housing Authorities and Municipalities. Sec. 135.00(a,5). 6. Judgments, Claims, Awards and Determinations. (Separate according to Sec. 135.00(a,6)). 7. Indebtedness Contracted by Certain District Corporations Sec. 135.00(a,7). 8. Pay -As- You -Go Financing. (New York City only) See.135.00(a,S), 122.00. 9. Indebtedness Contracted or Incurred Pursuant to Article 11, Title I -A of the Local Finance Law in relation to a Joint Service or Joint Water, Sewage, or Drainage Project: (a) Borrowings: Several Indebtedness. (b) Borrowings: Allocated or Apportioned Joint Indebtedness. (c) Real Property Liabilities. (d) Contract Liabilities. (e) Judgments, Claims, Awards and Determinations. Total Inclusions GROSS JOINT INDEBTEDNESS The aggregate gross amount of all joint indebtedness before apportionment of allocation is $ 307,889,414 -0- (a) -0- (b) -0- (a) -0- (b) -0- -0- (a) -0- (b) -0- -0- -0- -0- (a} -0- (b) -0- (c) -0- (d) -0- (e) -0- $307,889,414 $ -0- 2 EXCLUSIONS 1. Tax and Revenue Obligations. Sec. 136.00(1). $ -0- 2. Obligations Issued for other Capital Improvements. Sec. 136.00(1 -a). -0- 3. Water Indebtedness. See. 136.00(2). 1,540,158 4. Indebtedness Contracted for Self- Liquidating Projects. Sec. 136.00(3). 15,930,000 5. Sewer Indebtedness Contracted on or after January 1, 1962, and prior to January -0- 14. 1, 2014. Sec.136.00(4 -a). -0- 6. Bonds for Pensions. Sec. 136.00(4). -0- 7. Assessable Improvements. (Buffalo, Rochester and Syracuse only) Sec. 136.00(3). York City only) -0- 8. Indebtedness of a County wholly included within or Coterminous with a City. (New York City only) See. 136.00(6) (a) -0- 9. Indebtedness Permitted to be Excluded Pursuant to Local Finance Law, See. (b) -0- 18. 136.00(7). (New York City only). -0- 10. Indebtedness for Housing and Urban Renewal Purposes. (a) -0- (Separate according to 136.00(8). (a) -0- Excluded. (b) -0- 19. (a) Several Indebtedness Contracted for a Joint Sewage or Drainage and Excluded (c) -0- Pursuant to Local Finance Law, Secs. 15.20 and 123.00. (d) -0- 11. Assets of Sinking Funds. See. 136.00(10). -a- 12. Refunded Bonds. Sec. 136.00(11) -0- 13. Certain Refunding Bonds. See. 136.00(10.b) -0- 14. Cash on Hand for Debts. Sec. 136.00(11) 3,011,363 15. Appropriations. Sec. 136.00(12). 4,460,000 School Indebtedness Excluded Pursuant to Local Finance Law, See. 126.00. (New York City only) -0- 17 (a) Several Indebtedness Contracted in relation to a Joint Water Project. 15.20. (a) -0- (b) Joint Indebtedness Contracted for such Purpose. (b) -0- 18. (a) Several Indebtedness Contracted for a Joint Service and Excluded Pursuant to Local Finance Law, Secs. 15.20 and 123.00. (a) -0- (b) The Apportioned or Allocated Amount of any such Joint Indebtedness so Excluded. (b) -0- 19. (a) Several Indebtedness Contracted for a Joint Sewage or Drainage and Excluded Pursuant to Local Finance Law, Secs. 15.20 and 123.00. (a) -0- (b) The Apportioned or Allocated Amount of any such Joint Indebtedness so Excluded. (b) -0- Total Exclusions $ 24,941,521 N 3 SCHEDULE A This schedule contains a statement of the bonds, notes or other obligations of the municipality which have been authorized to be issued but which, in fact, have not been issued. Part 1. The following obligations will be sold at the sale in connection with which this debt statement is filed: Date Type Amount Of of to be Authorization Obligation Sold $22,000,000 General Improvement Serial Bonds -2012. Purpose: 02/21/12 SB $ 128,400 02/21/12 SB 1,000,000 02/21/12 SB 185,760 02/21/12 SB 100,000 02/21/12 SB 304,950 02/21/12 SB 500,000 02/21/12 SB 75,000 02/21/12 SB 400,000 02/21/12 SB 74,900 02/21/12 SB 50,000 02/21/12 SB 5,000,000 02/21/12 SB 350,000 02/21/12 SB 75,000 02121/12 SB 50,000 02/21/12 SB 150,000 02/21/12 SB 100,000 02/21/12 SB 1,500,000 02/21/12 SB 428,000 02/21/12 SB 100,000 02/21/12 SB 15,000 02/21/12 SB 267,500 02/21/12 SB 2,720,597 02/21/12 SB 750,000 02/21/12 SB 300,000 02/21/12 SB 406,065 02/21/12 SB 100,000 02/21/12 SB 214,000 02/21/12 SB 200,000 02/21/12 SB 45,428 02/21/12 SB 74,900 02/21/12 SB 450,000 02/21/12 SB 535,000 02/21/12 SB 400,000 02/21/12 SB 1,337,500 02/21/12 SB 270,000 02/21/12 SB 642,000 02/21/12 SB 2,700,000 Total 2012A Bonds $ 22,000,000 Object or Purpose for which Authorized Purchase of Command Vehicles Purchase of Streets Vehicles Albemarle Street (Boesch- Doyle) Streetscape Improvement Planning for Allen Street Infrastructure Bedford Road Median Reconstruction (Lincoln- Elmwood) Bridge Rehabilitation - Various Buffalo River Park Access Improvement Clinton Street (Bailey - Cityline) Streetscape Improvement Fillmore Streetscape Improvement Hertel Avenue Streetscape Improvements (Elmwood - Parkside) Infrastructure Improvements - Citywide Infrastructure Improvements - Masten Council District Infrastructure Improvements - Niagara Council District Infrastructure Improvements - North Council District Michigan & Jefferson Archway Construction Parkside Community Traffic Study Pearl Street Conversion & Chippewa Streetscape Projects Returning Cars to Main St. Infrastructure Project (Tupper- Chippewa) Richmond Avenue Lighting Improvements (Forest - Symphony Circle) Allendale Theater Improvements City Court Prisoner Lock -Up Improvements City -Owned Building Improvements - Various Downtown Ball Park (Coca -Cola Field) Improvements Fire Station Rehabilitation - Various Recreational Area Improvement to Hatch Restaurant Additions & Alterations JFK Community Center Facade Improvements Library Improvements - Various Marcy Casino Improvements Museum of Science Heat Pump Replacement Museum of Science HVAC Improvements Police Headquarters & Precinct Renovation Improvements to Polar Bear Exhibit - Buffalo Zoo Mulroy Park Facility Construction Park Infrastructure Improvements - Various Public Art Restoration /Conservation Tree Removals & Plantings - Citywide Demolitions - Emergency Conditions - Citywide 4 0 $5,000,000 School Serial Bonds — 2012B Purposes: 02/21/12 SB $ 2,700,000 02/21/12 SB 1,200,000 02/21/12 SB 1,100,000 Total 2012B Bonds $ 5,000,000 General School Reconstruction - Various Computers & Technology Improvements Mechanical/Electrical School Reconstruction - Various $15,265,000 General Obligation Refunding Bonds — 2012C Purposes: 03/06/12 SB $ 15,265,000 Refunding the City's $27,335,000 Refunding Serial Bonds 1998 -C and $31,585,000 Refunding Serial Bonds — 2001 -C Total 2012C Bonds $ 15,265,000 Total Bonds $42,265,000 Part 2. The following bond anticipation notes have been issued in anticipation of the bonds listed in Part 1 above, and are now outstanding. NONE Date Of Amount Note Outstanding Object or Purpose for which Authorized The following symbols may be used: Serial Bond -SB; Statutory Installment Bond- SIB; Bond Anticipation Note BAN; Capital Note -CN; Tax Anticipation Notes -TAN; Revenue Anticipation Note -RAN; Budget Note -BN; Certificate of Indebtedness -Cl; Sinking Fund.Bonds- 51711. 03 5 SCHEDULE B Part 1. The following obligations are authorized, unissued and will be sold prior to the sale of the obligations listed in Schedule A, PART 1. NONE Date Type Amount Of of to be Authorization Obligation Sold Object or Purpose for which Authorized Part 2. The following obligations now remain authorized but not issued and will not be sold prior to the sale of the obligations listed in Part 1 above, except as noted below. Date Type Amount Object or Purpose Of of Remaining for which Authorization Obligation Unissued Authorized The following symbols may be used: Serial Bond -SB; Statutory Installment Bond -SIB; Bond Anticipation Note BAN; Capital Note -CN; Tax Anticipation Note -TAN; Revenue Anticipation Note -RAN; Budget Note -BN; Certificate of Indebtedness -CI; Sinking Fund Bonds -SFB. y� VERIFICATION BY CHIEF FISCAL OFFICER State of New York City of Buffalo SS: County of Erie Mark J. F. Schroder being duly sworn, deposes and says: that he is the duly appointed, qualified, and acting chief fiscal officer of the City of Buffalo, Erie County, New York; that he prepared and has read the foregoing debt statement and knows the contents thereof, that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters e b evesrt to b true. ' �• ` l- �J 11 Y Signatu C'J J_2 �PCX Ci�Comptroller Title Room 1225 City Hall $5 Niagara Square Buffalo, NY 11202 Mail Address § and sworn to before me this _ ofA 012. G /- . � M otary Public DARRYL McPHERSON NOTARY PUBLIC, State of New York Qualified in Erie County �. My Commission Expires March 29, �o Q® 40 MEMORANDUM TO: Gerald Chwalinski FROM: Council Member Darius G. Pridgen DATE: April 17, 2012 RE: 600 Block of Main Street i would like to file the attached information for the next Common Council meeting to. be held on April 17, 2012. Thank You, Darius G. Pridge Ellicott District Council Member �c1 - www.ECLECTICIMPROV.COM - ECLECTICIMPROV�GMAIL.COM - - P.O. Box 545, BUFFALo, NY 14205 - 716-901.6086 - March 30, 2012 Pastor Darius G. Pridgen Ellicott District Common Council Member 1408 City Hall Buffalo, NY ,14202 Pastor Pridgen: I am writing you regarding the Cars Sharing Main Street project and offer a suggestion that I believe will add to the design and spirit of the project in the 600 block of Main Street. I am a professional actor and comedian that lives, works and plays in the Theatre District. For almost 15 years I have owned my own comedy troupe, the Eclectic Improv Company which performs at Shea's Smith Theatre. Since 2001 I have been a member of Actors' Equity Association, the union of professional Actors and Stage Managers in the United States. In 1995, Artvoice created The Buffalo Theatre Walk of Fame on the South sidewalk of Chippewa Street between Pearl Street and Franklin Street. Forty -one stars were placed in the sidewalk, twenty -two of which have engraved names honoring various theatrical successes linked to Buffalo such as Christine Baranski, Michael Bennett and David Shire. This location, between Prima Pizza and Bacchus, was chosen because at the time the Calumet Arts Cafd and Irish Classical Theatre were once located on that block. This proposal serves primarily to initiate the removal and relocation of these Stars from Chippewa Street to a permanent sidewalk location on the 600 block of Main Street. In addition, there is a hope to engrave new names on the blank stars in annual or semiannual ceremonies much like Hollywood's stars. I hope this idea can be integrated into the existing plan for the sidewalks of Main Street in the Theatre District. Enclosed please find photos of the stars, as they currently stand, neglected and forgotten with time. Sincerely, l Don Gervasi, Actor ; FE TO THE COMM 716.901.6086 c. ON COMMUNITY DEVELOPMENT. Enc/DNG "BUBBLING OVER WITH TALENT & LUNACY. " - BUFFALO NEWS "THEIR IMAGINATIONS ARE UNPARALLELED " - B UFFALOATHOME.COM "ONE OF BUFFALO'S BEST -KEPT SECRETS. " - WKBW -CH. 7 "A DAZZLING DISPLAY OF QUICK WIT " - ARTVOICE "REMARKABLE! IMPROV DONE RIGHT " - B UFFALORISING.COM "BUFFALO'S FUNNIEST COMEDIANS! " - BUFFALOPLACE E- REPORT - www.ECLECTICIMPROV.COM - ECLECTICIMPROV�GMAIL.COM - - P.O. Box 545, BUFFALo, NY 14205 - 716-901.6086 - March 30, 2012 Pastor Darius G. Pridgen Ellicott District Common Council Member 1408 City Hall Buffalo, NY ,14202 Pastor Pridgen: I am writing you regarding the Cars Sharing Main Street project and offer a suggestion that I believe will add to the design and spirit of the project in the 600 block of Main Street. I am a professional actor and comedian that lives, works and plays in the Theatre District. For almost 15 years I have owned my own comedy troupe, the Eclectic Improv Company which performs at Shea's Smith Theatre. Since 2001 I have been a member of Actors' Equity Association, the union of professional Actors and Stage Managers in the United States. In 1995, Artvoice created The Buffalo Theatre Walk of Fame on the South sidewalk of Chippewa Street between Pearl Street and Franklin Street. Forty -one stars were placed in the sidewalk, twenty -two of which have engraved names honoring various theatrical successes linked to Buffalo such as Christine Baranski, Michael Bennett and David Shire. This location, between Prima Pizza and Bacchus, was chosen because at the time the Calumet Arts Cafd and Irish Classical Theatre were once located on that block. This proposal serves primarily to initiate the removal and relocation of these Stars from Chippewa Street to a permanent sidewalk location on the 600 block of Main Street. In addition, there is a hope to engrave new names on the blank stars in annual or semiannual ceremonies much like Hollywood's stars. I hope this idea can be integrated into the existing plan for the sidewalks of Main Street in the Theatre District. Enclosed please find photos of the stars, as they currently stand, neglected and forgotten with time. Sincerely, l Don Gervasi, Actor ; FE TO THE COMM 716.901.6086 c. ON COMMUNITY DEVELOPMENT. Enc/DNG ! b. y 4 ' r d y F s p 3 F 1 A `Gf f V Y a r ; •,wr•; I V� a ; P. A yY 3 E Y �r3 S ' z'x ! b. y 4 ' r a 1 1 10 f V Y a r ; •,wr•; � E x P. D� �q 3 E Y �r3 y 4 a f� , V Y a r ; •,wr•; � E x P. D� �q }i S ' z'x , y 4 a f� , V Y r ; •,wr•; x P. D� S ' z'x , t Y i" y 4 f� } r V Y r P. D� r z'x , t Y y 4 f� } r r W ­ z f. 4 e y. ". K, ,,, a -n y' k „ ' P '�"� L , . , � , . � . - . 1. — , A — S £.` L - q -,, I �� 6 4 z # g 31 p ] N - 5 4,v 1 Y l {45 �' f � � � S % ;� 7 _A k. c Y ;s , !t $r �.p ' s rY a,- a � R P . M. � It' t ,e 1� '. frig s 1 = A a k w 1S 5 :� i s i s ;' 1 =� .” { t _ j rot) li- n -5 '- j . 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Y 1. f t y . 2 r r�x '' f ,r,, 4 1 , � ��. k �fn g6` 4 - -t 'e'4 i i� d A kl `yr ,i q 4i P "I: *qt � 1 � n, ,�5i c�SP &# j' f' t A AA 1 y a t}x ff 'fii s r,�s i € may P� F .. ���� { (£ INW V . 3Y v �, ` `s '-k �:. ` 1. a k e �� e , ^zµ r - € - _ k S ; Ar� , S p a , .11 iSa b `' - 3" A ti a i , :, 4 " oWv F s '1 r � ti � E r ors. rs XM f r t ~r } v F oWv F s '1 r � ti � E r ors. rs XM f r t ~r 00 47 RICHARD L. TACZKOWSKI, M.U.P. Urban and Regional Planner /Public Policy Analyst Buffalo, New York 14202 bfloville @juno.com 716.854.3479 April 9, 2012 Honorable Richard Fontana President Buffalo Common Council City Hall Buffalo, NY 14202 Re: Duties and Powers of the Common Council, including confirmation of BMHA commissioners. Hand Delivered and filed with City Clerk Dear President Fontana, Happy Easter and Dyngus Day! Although phone calls to the City Clerk and a member's office seeking verification of some of the following information were not returned, it has come to my attention through several reliable sources that Mayor Brown's most recent appointment to the Buffalo Municipal Housing Authority (BMHA) Board of Commissioners was not confirmed by the Buffalo Common Council in accordance with New York State statute. While I respect and admire both the mayor and former Deputy Mayor Donna Brown, this information, if indeed factual, could raise concerns as to the number of sitting mayoral - appointed BMHA commissioners who, likewise, have not been confirmed, thus calling into question the validity of their previous official acts. Possibly more .important in terms of its far - reaching implications for representative governance, this apparent lack of adherence to state law raises issues as to whether the current and previous council leadership and membership are fully exercising their oversight responsibilities by utilizing the checks and balances built into the City Charter. This current situation is curious and troubling, especially in light of the fact that several members have been highly critical of and held open hearings regarding the widely- reported controversies surrounding BMHA and Marine Drive Apartments (MDA). Moreover, the council passed a resolution calling on the City Comptroller to audit the latter property.' The actuality that a commissioner or commissioners of the BMHA may have not been confirmed by the council coincides uncomfortably at a time of pending state legislation to change the composition of the board of commissioners. While such legislative proposals over the last few years have had some merit, I believe the council should have first done everything in its power to ensure that its existing powers and duties are fully implemented before asking for new authority. Moreover, this revelation regarding the council's failure to examine and confirm a BMHA board nominee, much less advise the mayor prior to the appointment, comes crucially at time we are awaiting the decision of Justice Siwek following a lawsuit initiated in State Supreme Court by the MDA Tenant's Association, which seeks to relieve BMHA of day -to -day operation of that complex. Due to the at -times corrosive political environment in the city, I feel compelled to state thatI come to this issue with no preconceived agenda, other than that of a private citizen of Buffalo for the past four years, who previously served as an Assembly staff member and for eight years in elective office in another municipality. Not personally seeking any public recognition, as a student and advocate of good government my entire adult life, I would be remiss if I didn't share what I have learned over the years and what we all should know about the basic foundations of democratic, representative governance. L%11 w Page 2 of 6 Since the Fall of 2011, I have kept publicly silent on the confirmation issue, sharing this concern primarily only with MDA tenant representative, Dr. William W. Dawson, Jr., PhD, who on October 2, 2011 forwarded to several common council members, BMHA Commissioner Joseph Mascia, the mayor's office, and Joseph Romanowski, an employee of the NYS Division of Homes and Community Renewal (DHCR), and others, the citation and language I provided for the applicable state statue. I wish to note here that these communications took place almost three months prior to Ms. Brown's appointment, further evincing the fact that raising these concerns has absolutely nothing to do with the personalities involved. Dr. Dawson informed me yesterday that he received no response to his October e-mail from anyone stating that his concerns were duly noted, much less that any action would be taken to rectify the matter. The articulate pleas of this intelligent, physically- disabled senior, albeit via e-mail message, were essentially ignored and/or dismissed by those whom he thought would be most receptive to his concerns. I find this lack of response and representation from people who have spoken forcefully against the status quo at BMHA both perplexing and inexcusable. Additionally, in the early fall of 2011 (prior to October 2) I attended, along with some residents of MDA, a meeting of the council Community Development Committee, which was chaired by Councilmember Lo Curto. After then President Franczyk, who was present, passionately criticized the lack of responsiveness to his queries and requests of BMHA, and threatened to withhold city funding for the agency, I asked Chairman Lo Curto to ask then Assistant Corporation Counsel Timothy Ball, who was also in attendance, to respond as to whether the Common Council could legally subpoena witnesses and documents from BMHA. The sum and substance of Mr. Ball's response, which was recorded on videotape, was that because BMHA is not a city agency, the council's authority to subpoena that agency is questionable. This did seem not correct based on my experience in local government, so when I exited the council chamber I proceeded immediately to the 8th Judicial District Law Library, where I found an opinion of the New York State Attorney General," which supports my contention that the council had and has the authority to subpoena BMHA officers and documents. I later presented this information to Council member Lo Curto, who assured me he trusted the advice of Mr. Ball, notwithstanding the fact that the latter reported to a mayoral appointee who himself was not confirmed by the council. "' Mr. Lo Curto also spoke glowingly about the approximately three lawyers who were then part of the council central staff, and said he would pass the A.G. Opinion on to then Council President Franczyk, who incidentally has two lawyers on his Fillmore District staff. Yet, to this day, given all of the frustration vented both by citizens in the gallery, and by certain members on the floor, the council has not used its subpoena power to compel BMHA to produce documents or witnesses, either last year under Mr. Franczyk's working "majority," or this year under the new "majority. "'" Now, to the main purpose of this communication, on January 19, 2012, Mayor Byron W. Brown, pursuant to the powers vested in him by Subdivision 2, Section 30 of the Public Housing Law" appointed Donna M. Brown to the board of BMHA, certifying her to the council as fully qualified to hold that post. On January 24, 2012, the Common Council "Received and Filed" this communication from the mayor. Research at the University at Buffalo's Law Library reveals that Chapter 913 of the Laws of the State of New York (1957) were amended by Chapter 576, Sec.l of said laws in 1993 to require council confirmation of BMHA commissioners. We know that it takes Buffalo some time to adequately enforce even its own laws. However, given all of the lawyers who work for the city, BMHA, and council, it would be outrageous if this law has not been obeyed in the 19 years since it was amended. In Shephardizing the statute and examining the law's bill jacket, it is not only clear that confirmation of BMHA commissioners is required under law, but that the Legislature and governor intended this to be an effective check on unilateral mayoral power." Since 1988, upon recognizing a need for a check and balance on a mayor (Jimmy Grim) who by virtue of his appointment of five of the seven BMHA commissioners, had total control over the appointment of its Executive Director, the relocation of tenants, and operations of BMHA, then Senator Anthony M. Masiello and Members of Page 3 of 6 the Assembly Sam Hoyt and Vincent Graber, as prime sponsors, attempted to amend Section 404 of Public Housing Law'" Finally, on July 2, 1993, A.5077/5.308twas passed overwhelmingly (116 -30) in the Assembly and unanimously (59 -0) in the Senate. Of the agencies and officials who submitted letters to the Governor, Senator Masiello and Assemblyman Hoyt wrote urging the chief executive's signature. Seven agencies or officers, including the Attorney General, Secretary of State, and DHCR offered no objection or opinion on the measure. Predictably, and perhaps even disgracefully, given what the public now knows about BMHA's history, the only two entities to urge Governor Mario Cuomo's veto were Mayor Griffin and BMHA. Given the various players these early struggles to install a legitimate check on the mayor, it is apparent that this legislation and its need for enactment transcended political factions and personalities. Three individuals, who now or at one time served as mayor, have had some role in this issue. Hence, demanding the law's enforcement today should not be reduced to a power struggle of one partisan clique over another political club. Rather, it is the law of our State, and it must be respected as such, regardless of who benefits or losses politically. The very basis of our constitutional system of government, which honors the separation of powers doctrine, envisages legislatures that provide active and potent checks on executive decision- making. In the most effective governing bodies, the power to confirm implies the right to give "advice and consent" to certain prospective appointments, not merely ratify or "rubber stamp" after -the -fact executive choices. When legislatures have not been given the opportunity to advise prior to a nomination, they can and should thoroughly examine a nominee prior to confirmation. As many know, the city government consists of two political branches. Department heads and specific board appointees cannot be considered to represent and act for the entire holy politic if only one branch of government is actively involved in their selection. If commissioners are to serve the entire city, they must be unreservedly responsive and accountable to the people's representatives (those who hold the purse strings and make the laws) in council assembled. And, no council member can truthfully hide behind "It's the mayor's department; I can't do anything about the problem" if he was part of a process that made clear the council's important role in setting fiscal and policy priories for the departments or agencies the commissioner- nominees seek to head. Therefore, I respectfully submit the following recommendations: I . Direct the City Clerk to comb the council minutes for occasions of confirmation votes or lack thereof for sitting BMHA commissioners. 2. Inquire of the Corporation Counsel and council staff attorneys whether a failure to confirm a commissioner or commissioners would nullify their votes and actions already taken at BMHA meetings, and if so, which actions of the Board of Commissioners would be rendered null and void, thus requiring re- votes, if not adversely affecting policies currently in place. 3. Refer to the appropriate committee any mayoral- nominated BMHA commissioner who has not been confirmed by the council for a full, transparent, recorded or transcribed public hearing and questioning under oath by the committee. Nominees for any office coming before the council should be asked if they will provide the council in the future with the information and testimony the council requires to perform its oversight function, even if providing such candid testimony would not reflect positively on the administration. The committee should inquire on such matters as political patronage, contract letting, tenant relations, facility operations, asbestos removal, land use, and any other matter of concern to the council and the citizens of Buffalo. The committee's recommendation on the nomination, in accordance with council rules, would then go to the full body for further debate and a vote on each unconfirmed commissioner - nominee. Page 4 of 6 4. Adopt a resolution calling on the New York State Attorney General, Comptroller and Governor to inquire as to the reasons DHCR did /does not exercise oversight and observation in the selection of state authority commissioners that make decisions affecting MDA, which it is charged to oversee, and what role the state should be playing in overseeing this authority. 5. Press the City Comptroller to honor the council's earlier resolution calling on his office to conduct an audit of MDA. 6. Use the council's power to authorize the BMHA Board of Commissioners to negotiate a salary increase for the executive director as an opportunity to bring these officials before a relevant committee, at which time they can be questioned publicly by council members wishing to represent constituent concerns surrounding the agency, as outlined in No. 3, above. 7. Use the council's authority to appropriate funds, approve land use requests, and all other regulatory, administrative, and lawmaking power the council possesses to cause BMHA to be responsive to complaints and concerns of members, tenants, and the city as a whole. 8. Former Assemblyman Sam Hoyt had introduced a bill (later withdrawn) which would have allowed the council to appoint two members of the BMHA board. Senator Mark Grisanti, at my request, sponsored similar legislation in the form of S. 3133B. Though correct in concept, his proposal allows for only one council appointment. Whereas the BMHA is a creature of the state, and as such is governed by state Public Housing Law and other statutes; and because recent events at the agency and its constituent properties have demonstrated the need for both city and state, executive and legislative, oversight, I believe these goals could best be accomplished by a board of commissioners selected as follows: One by the Mayor One by the Council President One by City Comptroller (These three to be confirmed by the Common Council) One by the Governor One by State Comptroller (These two to be confirmed by the State Senate) Two elected by the tenants of BMHA While these final two recommendations are not directly related to the present problem, they could serve to strengthen the council vis a vis the executive branch: 1) Create through legislation or Charter amendment the office of Legislative Counsel, appointed by the council, without mayoral approval, whom would serve, independent of the corporation counsel, as the common council's chief legal adviser and representative. 2) Amend the Charter to reduce the number of councilmanic districts to eight and restore the at -large position of council president, thus creating an office with a city -wide constituency, which can help balance the bully - pulpit enjoyed by mayors. 0 Page 5 of 6 President: Fontana, after staff and members have performed their due diligence in evaluating the foregoing information and recommendations, please ask your colleagues to hold thoughtful and meaningful confirmation hearings for any BMHA commissioner not previously vetted and formally approved by the council. And kindly consider the accompanying proposals, which are bound to have the effect of creating a more broadly representative and accountable public authority, and greatly enhance the council's oversight capabilities. I am confident that the Common Council will give weight to this analysis, as I cannot imagine a scenario in which the body would refuse to exercise its legislative prerogatives and take beneficial measures on behalf of the people of Buffalo. incerely, Richard L. Taczkows ' cc: City Clerk REFERRED TO THE COMMITTEE AN LEGISLATION. ' Buffalo News, July 30, 2010, "Allegations of Mismanagement Prompt City Audit at Marine Drive" by Brian Meyer. " Informal Opinion No. 2007 -9 dated December 17, 2007 signed by Kathryn Sheingold, Assistant Attorney General In Charge of Opinions. (The Attorney General issues Formal Opinions only to officers and departments of state government): "A city's authority to issue subpoena for the testimony of the witnesses may extend to non -city entities in the course of the city's investigation into matters of concern to the city or its inhabitants. In at least some circumstances, this authority encompasses the authority to subpoena documents. In the absence of other law provided otherwise, this authority may be exercised by the common council by a vote of the majority of the whole council, if the council has previously adopted an ordinance designated itself as the official body vested with this power." (Emphasis added). ' ° The council's old "majority" did not confirm Acting Corporation Counsel David Rodriguez, after Alicia Lukasiewicz resigned that post. Mr. Rodriquez is now BMHA's legal counsel. Under the new "majority" this year confirmed Mr. Ball's mayoral appointment as Corporation Counsel. "The term majority is in quotes because all nine members of the council are of the same political party. No Republican minority exists. That the media and others refer to the controlling coalition of the council as pro -mayor should be a cause for concern in itself. Speaking generally, although most legislators at local, state, and federal level will say they belong to a co -equal branch of government, when they align closely with an executive, they agree with his/her ideology or vision, or they perceive the executive branch as being the locus of power and action. If it is for the latter reason, they do the citizens a disservice by not upholding the independence and integrity of the "People's House" of which they are members. Hence, I argue in this letter for the council to assert powers that render it a potent check and balance on any mayoral administration, thus lessening the need to ask the executive branch for favors or consideration that could compromise a council or any legislature's role as a co -equal branch of government. "Also contained in this section is the requirement that no more than one of the mayoral appointments be a city employee, and that the chairman and vice chairman of the authority be elected by the members thereof. "'All Town housing authorities have commissioners that are appointed by a majority of a town board, which normally consists of five to seven members. LN Page 6 of 6 v " Public Housing Law of the State of New York: PBG - Public Housing Title 2 - BUFFALO MUNICIPAL HOUSING AUTHORITY 403 - Validation. 404 - Buffalo Municipal Housing Authority. TITLE 2 BUFFALO MUNICIPAL HOUSING AUTHORITY Section 403. Validation. 404. Buffalo Municipal Housing Authority. § 403. Validation. The creation and establishment of the Buffalo Municipal Housing Authority under the provisions of article five of the former state housing law, together with all proceedings, acts and things undertaken, performed or done with reference thereto, are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any want of statutory authority or any defect or irregularity in such acts or proceedings. § 404. Buffalo Municipal Housing Authority. The Buffalo Municipal Housing Authority is hereby constituted and declared to be a body corporate and politic with all the powers, rights and duties set forth in article five of the former state housing law. Notwithstanding any inconsistent provision of law, any member of such authority appointed or reappointed by the mayor of Buffalo shall be subject to confirmation by a majority vote of the common council of such city. (Emphasis added). Source: Bound editions of McKinney's Consolidated Laws of New York, and h :ll ublic.le info.state.n .us /LAWSSEAF.c i? UERYTYPE= LAWS +& UERYDATA= SLPBGOAI3T2+ &LIST =LAW + &BROWSER = BROWSER+ &TOKEN= 48544804+ &TARGET =VIE W 00 4.8 John M. Tronolone TRONCOR, Inc. 1055 Elmwood Avenue Buffalo, NY 14222 March 26, 2012 Buffalo Common Council c /o Kevin M. Linder Common Council Chief of Staff Room 1413 City Hall Buffalo, NY 14202 via Email to klinder0city- buffalo. com for distribution to all Common Council Members RE: Application for Restricted Use Permit — Ms. Lori Labonte 1049 Elmwood Avenue Proposed Addition — Louie's Texas Red Hots Dear Council Members: I am writing in regard to the above- referenced application to .the Common Council for a Restricted Use Permit that is currently before the Council's Committee on Legislation. I jointly own the mixed -use retail /residential building located at 1.055 Elmwood Avenue, immediately north of the site of the subject application. in addition, my business partner, Mark Corsi, owns and operates Poster Art in the ground floor of that building, which has become a mainstay business in the Elmwood Village. I was provided a copy for review of the site plan, floor /equipment plan, and exterior elevation drawings for the proposed project, prepared by Sutton Architecture for the applicant's proposed one - story, 755 - square -foot addition to the existing rooming house /apartment building at the property for a new Louie, Texas Red Hots establishment. While 'I sincerely welcome the development and expansion of new businesses in the Elmwood Village that. will further enhance the District's viability, I am writing to express some serious concerns both 1 and my business partner have on the subject proposal, as it is currently submitted. One of my primary concerns stems from the fact that the applicant's proposal significantly deviates from the Elmwood Village Design Standards, which were adopted in 2009 by the Common Council to become part of the City of Buffalo zoning. Ordinance under Chapter 511, Section 155. When these standards were first enacted, I was very pleased to see that.the Council was taking steps to protect the significant investments made by us and others on. Elmwood that resulted in it being designated by the American Planning Association as one of the nation's "Great Places ", by creating standards to ensure that future development will be of a proper scale and quality to further enhance the setting of the Elmwood Village for residents �y pot and visitors. I was equally pleased to see that our building appears to be the very model for the adopted standards— requiring mixed -use buildings with ground floor retail uses and upper level residential uses -all built at a proper scale, with proper materials, and having a suitable street - level transparency to encourage a, lively, urbane setting. Specifically, Section 511 -155 (G.) (1.) (a.) of the Zoning Ordinance states, "New buildings shall maintain the predominant scale of other buildings in the Elmwood District," and that one -story buildings are considered inappropriate. Further, Section 511 -155 (G.) (2.) (e.) of the Ordinance states that materials such as concrete block may not be used on facades. The subject application is clearly not in compliance with the former and also likely the latter standard (based upon other Louie's establishments in the area that appear to be clad in finished concrete block). It is the proposed scale /height of the building —which is proposed to be attached via a party wall to our building —that is particularly concerning to us. Not only will the addition appear wedged into a very small site and "tacked" onto its own adjoining rooming house. structure- - which will likely result in aesthetic impacts to the value of our property in the future —the proposed positioning of various equipment and the nature of a typical Louie's operation will result in genuine negative effects to the use of our building today. These concerns span across a number of issues as follows: History of Property Maintenance Although I realize that.Ms. Labonte only recently acquired the existing rooming house building on the site, we have firsthand knowledge on the lack of proper maintenance at the property over the past 15 years we have owned the adjoining property. In fact, over the last two years we seriously considered acquiring the property to attempt to invest in its improvement to buffer us from the emerging effects of a number of deteriorating rental properties along our block. During this time, we actually invested in undertaking a condition assessment of the building. While I was a daily witness to the lack of exterior maintenance at the property, I was particularly struck by the number of improvements that would be necessary to bring the property into full code compliance, and determined that the asking price for the property .could not be justified by this level of investment. 1 was recently informed that the applicant is in the process 'of applying for a City grant to assist in the addition and to help finance correcting these code violations. If it is indeed the case that public funds would be invested in the project, then strict compliance with adopted public design standards should be a basic prerequisite. Moreover, considering the quality of existing living units in the existing building (a combination of apartments and rented rooms without kitchen facilities), my bigger fear would be that the building of this addition for this particular use will actually even further detract from the desirability of the apartments /rooms there, beginning .a cycle of decline into the future that will negatively affect our property. Potential Effects of Cookins Exhaust In reviewing the equipment plan, the proposed cooking and service area will be directly adjacent the side wall of our building. I am very familiar with the standard equipment used in such an operation involving primarily a flat grill and deep 2 frying units. Although the drawings do not indicate the location of venting for the required cooking hoods over this equipment, given the typical design of such facilities they would be most likely vented immediately above this area through the roof at the top of the first story of the addition. Such a design would directly expose our upper level tenants with grease odors, as well as patrons to Poster Art given the low level of the .proposed addition. if the applicant adhered to the two -story requirement (and designed the upper story with appropriate "light wells" to allow light into apartment windows on the south side of our building), the hoods could be vented at the second -story level at a height above the roof level of our building, significantly reducing the potential of negative impacts. . Lack of indoor Seating /Table Service In reviewing the floor plan, I was particularly concerned that the proposed restaurant does not appear to have any interior tables /seating, not even a service counter, as is typical at other Louie's establishments in the area. Seating appears to be limited to an outdoor seasonal patio and a single counter overlooking the front window (although no seating is shown at this counter). Thus, this proposal would be better characterized as a food "stand" as opposed to a full service restaurant (i.e., more akin to a take- out pizza shop with a pass - through counter). Such a new use — particularly considering that key design standards would need to be waived and public assistance provided —would not significantly add to the quality of the Elmwood setting. In addition, based upon the amount of maintenance required by us now to keep up with litter created by late -night take -out establishments already in the neighborhood, we. do not relish having another one right at our doorstep. Methods of Dealing with Garbage and Sanitation. In addition to litter from patrons of the proposed establishment, I am seriously concerned with how garbage and overall sanitation are proposed to be dealt with at the property. As stated above, the site is particularly small in size and the site plan calls out no specific areas for garbage collection /storage. Take -out and fast food establishments are often notorious for having problems with dealing with garbage and rodent issues. The Council has taken great steps to adopt procedures citywide to address such issues; the applicant should present a clear and coherent plan on how —and where- -waste will be managed on site. . Potential for 24 -Hour Operations Finally, based upon my knowledge of typical operations of Louie's establishments, I would have a serious concern if the business is intended to operate on a 24 -hour basis, as is the case with many Louie's locations in other parts of the City /regio.n. Please don't misunderstand my concern —I've actually been a regular patron of Louie's Texas Hots at various times in my life. However, 1. think that the Council —as well as the community as whole —has come to question the value of all -night operations of take -out restaurants as a haven for late -night patrons after a 4 AM closing time at our City's bars and nightclubs. Often fueled by too much alcohol, these types of establishments often become magnets for less -than- desirable behavior, noise, and traffic at a time that would be severely intrusive to our tenants and other residents in the area. All of us have sadly come to the realization that often "nothing good happens after 2 AM" at such places. I believe that the Council should give significant weight to such an issue in deciding on the proposal, given that is not an "as -of- right" use. In 3 �_V 3 fact, in establishing the zoning regulation for eating establishments to apply for a Restricted Use approval by the Council in the Elmwood Business District, Section. 511 -55 of the Zoning Ordinance specifically calls out a public issue of Elmwood being "...threatened by the overdevelopment and expansion of bars, taverns, restaurants, takeout food shops ". I sincerely hope that that the Common Council will take these issues into serious consideration in deliberating on this Restricted Use application. 'I trust that you all will understand the importance of adhering to the standards adopted by the Council in 2009 to protect and enhance the quality of life along Elmwood both now and into the future. I'm sure you also know that improvements in business districts —as well as decline —tend to occur in many small, incremental steps progressively over time; either for the good or detriment to the community. Approval of projects that deviate from what the City adopted as the benchmark for what is desirable on Elmwood will indeed create impacts that will last for a generation or more. would urge the Council to, require the applicant to fully adhere to the standards established for Elmwood Village, as well as to sufficiently address the other concerns I've noted above. Respectfully, John M. Tronolone TRONCOR, Inc. CC:. Non. Michael J. l.oCurto, Delaware District Common Council Member { mlocu rto@city- buffalo.com Becky Gandour; Interim Director, Elmwood Village Association ( becky @elmWoodvillage.org RECEIVED AND FILED 4 PETITIONS April 17, 2012 c 00 49 a K. Brinkworth, Owner, Use 727 Elmwood, For Extending Hours for Rear Patio and Requesting Recorded Music to be Played With.Speakers Outdoors (hrg * /24)(Del) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD L�� 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 x-43 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: . To be held in the Council Chamber, 13 floor, City Hall On: I�' t � �`� a�1.Z.� t z•oa PM I am also informed I am not the owP6 SignE Print a . its is the notice that the petitioner and or owner will receive, and that if titioner I will i rm said owner, petitioner or his /her agent of the above. (Agent Owner) Date r I' ►-.e`! ` - L- ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 04/09/2012 04:25 PM Submitted By DENISE VIRGIL Page 1 AIP # 178613 �... y ?.p «?«:. . _ 1 J �{ ,9 I �e �.'».,. r # g &.L�Y '�. xit« » . Sp `['- L ^ £ Y9 � g P �e .fig 4Sdp... 'Y�. r•.p. -SE. g i » » � S 3»pL'�::. [k.6AEP e A ° ° . "»Rf�t .. Sf y � , �v' ", y y f 'EV &2:Y re ; '.£°.34 §.$Ei . $`= ° "1 - g £Yp� ,g.: . `1"Kit 1: ^Y.F»' N§ 6'>:i :RF.Y> ".F ».4�.y,,BA"�e C 's #�5G' `Pr:SS } .kYx ' P�{,yda& •d`�a9,»> .:".•{v . CeZ `y' § " Syy . RiQ »k, X�.% �i9 e P° ffi<" . � 3 °:9 5, .�'.L.tlk: i 9a='✓R.»SLri:F" e .:. 9 « " 6 �,i iki. Date I Time By Date ! Time By Processed 03/22/2012 09:25 GRUND Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 1.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Sill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -56 D(1), FOR EXTENSION OF A RESTAURANT USE RESTRICTED IN THE ELMWOOD AVENUE BUSINESS DISTRICT. PUBLIC HEARING REQUIRED, FEE REQUIRED. EXTEND BUSINESS HOURS FOR AN EXISTING REAR PATIO TO A BAR 1 RESTAURANT IN A 2.5 STORY FRAME MIXED -USE BUILDING. EXISTING HOURS ARE DUSK - 8:30 PM SUNDAY THROUGH THURSDAY, DUSK UNTIL 9:30 PM FRIDAY THROUGH SUNDAY -OTHER CONDITIONS OF REVIEW COMMENTS TAB AND ATTACHED. " "" "LONGER HOURS REQUESTED ARE DUST( - 10:00 PM SUNDAY THROUGH THURSDAY, DUSK UNTIL. 11:00 PM FRIDAY THROUGH SATURDAY, WITH WITH LAST CALL FOR FOOD TAKING PLACE AT 10:15; ALSO REQUESTING RECORDED MUSIC TO BE PLAYED WITH SPEAKERS OUTDOORS DURING THOSE HOURS. Parent AIP # Project # ProjectlPlhase Name Phase # Size /Area Size Description. e.',7P3 9 '9 "9 }» < ..9 .'8% .e e9 "w �� § YF4 i,yyy9+d �q$,,° �q 6 • < g 3%Y.§» TE!9 «n%e %& .:.$� 4x$`a £9 ".....'� "¢- bi "% uaia. yet. °£• ° II {� =«R G rrvu^ MR. NOW � gg.,&9x° .".^..t �g iR ..gsa SA ,T.S .S g>�. :. e� 'Ee:S.:381`�t�.iSYS "v Address 727 ELMWOOD BUFFALO NY 14222 - y Location .,»°g.egY3«>: .pF" �° � # ,�� ��": y f7: � � a .. q �� "i� Y n�.�C?&?aFT' S S3h3A. RR P'.•� '%e^i�'»�p `�y " � :%a «9�5f'EP'T� red �5.�'6°^yTR4 Y -� � :°Err..E ss�aF"P%YP " %. Contact ID AC318494 Name LLC 1389 DELAWARE Mailing Address 1499 HERTEL AVE Organization City BUFFALO State /Province NY ZIPIPC 14216 Country USA. ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 07/10/2009 To Contact ID AC1250046 Name ELIZABETH BRINKWORTH Mailing Address 1499 HERTEL AVE Organization City BUFFALO StatelProvince NY ZIPIPC 14216 Country ❑ Foreign Day Phone (716)831 -0338 x Evening Phone Fax . Mobile # Occupant N From To Owner Y From 02/22/2005 To. 05/06/2007 Contact ID AC52675 Name BRINKWORTH,ELIZABETH Mailing Address 1499 HERTEL AVENUE Organization City BUFFALO State/Province NY ZIPIPC 14216 -2837 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report D ate 04/09/2 04:2 PM Submitted By DENISE VIRGIL USE Building Application,, Page 2 No Addresses are linked to this Application No Addresses are linked to this Application 1003000001048000 No Parcels are linked to this Application No Applicant Contacts Primary Y Fees Failed Capacity Type Unpaid PERMIT FEE ($50.00) Effective Check Inspections Expire Check Reviews Reviews Failed Contact ID OWNER Incomplete Name OWNER/TENANT Check Conditions Phone MD MULTI - DWELLING PROPERTY Fax Address (SEE UNDER APPLICANT) Alert Conditions Successful Comments Not Checked Check Children Status Children Successful Check Open Cases No Comments Case # 204860 Case # 181222 S• �:�s. .. e . :: ..; WOO sY ,a nt. - ...r �•.� i3,sa. ;° �y ¢&i. x: ' ;a3 a � � } 3 v e &gx± %��° g�'Sy.'yT= .d .£,.t- .:,^�'eP %p9 M'9 SZY�A( .{°Ft'%y"x�aS.'IX q..?t'} ,} .d E'Y$B?� 8a E SA;�{„�y @$',Fe�.{5. " ��'.%:: N,.J: � % —R ��^d�'E %p�Y?CK;. : d:.v �....�`E I " &" `.. " % � .fY S C `w 3 'L >&''L' Pte. { 9� ^:.m89�E,°.Rf 9 j'._ .`v�:� .:. �«. ;sZy,'.". 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 Fees Failed APPLICATION FEE FLAT FEES ($25.00) Unpaid PERMIT FEE ($50.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Failed 580670 CC APP COMMON COUNCIL APPROVAL REQ'D Incomplete 580669 ELMWOOD ELMWOOD VILLAGE DISTRICT Waived Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved, WAIVED Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 3 Case # 204860 Case # 181222 Case # 183924 APPLICATION FEE FLAT FEES U 26.00 PERMIT FEE U 50.00 Total Unpaid 75.00 Total Paid 0.00 City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851-5472 Report Date 04/09/2012 04:25 PM Submitted By DENISE VIRGIL Page 3 580670 CC APP 0 N 03/22/2012 09:26 580669 ELMWOOD 0 Y 03/22/2012 09:25 NO CHANGES. Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 031221201209:10 Comments No Comments PRIOR APPROVALS Bflo 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 p g y ❑ Encroachment ❑ CanapylMarquee ROW Lease showing Use g ❑ RodentiVermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerMlater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit ❑ Zoning/Use Check Tree over 4" at 4' City Planning ❑ Other ❑Thruway Sign approval ❑ Citywide Site Plan ❑ Subdivisions Environmental Review. Preservation Board Preservation District ❑ Zoning Variance ❑ Urban Renewal ❑ S.E,Q,R.A, ❑ N.E.P.A. ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held. ❑ Water Retention MD WAIVED GRUND 03/22/2012 09:25 GRUND 03/2212012 09:24 GRUND N NOT AN MD. No Records for This Search Criteria City of Buffalo USE Building Application 65 Niagara Square Buffalo, NY 14202hL !I' (716 )851 -4949 Fax (716 )651 -5472 p Y Report Date 04/09/2012 04:25 PM Submitted By DENISE VIRGIL Page 4 . .., i :r : _;,�, a 4>,.= ae. °P P° .s 2., ».z€...,..1..a... a,h . <: S �u: ". c °%''* s k,, S.:Js . a. ' s - z : ; €"•; §a° ,.® ., -°,. ..:rn:;a.::ax:,n: a °s :r^ r - , .,..r ;...x.S.ti,. �;e4 .e.° 7 s,"€ ... " . . " 7 "fie < -i �. a' c:,s, :, >a�....�x r j s -� s : , : x .. e. ,..., aka S a ° . 9s•° ¢:te °. �?& .A: « , .,, re °.i S;,x ip. � ' .}��}��iic :. x F ,e ° . 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'tew� -,i� 'i�a 11 � - - E. _� °rx. a � ' �`ss:� ��5. -5 ffi � � �,.._a°a3 z '°c; = ,,g a x n e:�� ° ee•s ��e:' No Employee Entries -gs .....5 ... < s '; azr�lc:.: = :. ': dA».. _....�.-a:::az”: ^aa ^ :{::: ,. a•a:a`?:'< :u�ces { "'r; "r ": "xo. >a aoa� �, -5i ..iE«:< � ;. �, ;., ; °.:° .� - € `t:E;a, .;:" .�'B" - .' ¢::"z -a; Fe � • s..s a.�:a.:c.. ;! I r�?I°�.� 3?:�x ^"x "'�sx .w ^:a."'"'E . °. °�... °, ".�aa a... .<xa £" :.. .�`, p ccx � a�.zrrzxga €.€.:- uta. e g�ss� °tee. -� ^�a °sz. -;[. - �;�'¢T:r:�TE?<iE% L:$ Z _e`3z°a: ,i.,,m aeeea zs fi. gg >.:.5 .rs ® .. ..s. ft s�"oa:;.r�-t... .. �,c �i�.:^a¢ x° W�°'._.e_: °.eaaa. �:�: •:cx;�ta »s°xni�- zz..,,s -x :..,W^r ,x°>« r_ �"�^sa. . °� °� zs^ xxe..a �;x z. a:sr�?;;^.sxxx <ax.; »A. >.:^r -; .� � .mti�IJ... 3 �:`°' c:c ., �9a.. ^"eiseasr� r-t� '��s'.:z r g - ;ra .> :.e%�"�,. ' '•�•Na' ,� F �a :4a �° a � ,,-a ^ '" x `:, - ;'a;:x�.' a vuss a a 3< : ..- .n ��.. �x?..a, a,is. a.;....,». .. :sat:;;.. ae, ..�.:. as... <:».xx .; .:..g .4 ?':.ex wa °...,r�.°s..,.a. :�°s;. . °•>"-a"^'.-. -. °'- ". 9, t"'€�, a ^aRw:xks .:z•B ",::a _.....a.; ,'�. sg: :! €�' x. �.d�: »...: I<... -c.: �,� .�r.,� ::r=s�aZ�".��°. ^: =x <" r.,w ". samc`a... .a °°a• " -ua. . :e 'f . xz: : ° r. = eas %u , cEr,. .�. .:a • .,� <. "....a.... <w.: e, +...�.1 °,- a<, &:s; ;.:< .:,.- s r x•:, .. , i3gQert. ;3°' °� ..,. St&? s rvastL- x:exsm:�: °:.Y n �?� e x1r., :;a �. ; �i.;�s a �.�. . �1 < d °a °""- ,°m;Y::..•.r;:_ :�:a$g< E. a3.;.a <.Y:"�r.,; ...,.W." No Log Entries ®® 50 M. Christian, Owner, Use 1416 Hertel Place Sidewalk Cafe W /Awning in Front of Existing Restaurant (hrg 4124)(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 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics � 6 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: k, " rte �r v OFFICE OF THE CI TY CLERK To be held in the Council Chamber, 13 Floor, City Hail On: a ki� 02� , o�.Cl l at 2 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 (Agent Owne Print Name Phone # /G yS'"d Date yI z ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING City of Bum.b OUTDORCAFE Building Application 65 Niagarla Square Buffalo, NY 14202 pb (716)851 -4949 Fax(716)851 -5472 Report Date 04/09/2012 03:48 PM Submitted By DAVID KRUG Page 1 AIP # 179233 Date 1 Time By Date 1 Time By Processed 04/09/2012 15:46 KRUGD Temp COO Issued COO Final Expires Type of Work # Plans 0 Declared Valuation 8000.00 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. (EXPANSION OF A RESTRICTED USE IN THE HERTEL SPECIAL DIST.AND ENCROACHMENT ON THE CITY R.O.W.) PUBLIC BEARING REQ. -FEE REQUIRED. PLACE A SIDEWALK CAFE (11' X 16') WITH AN AWNING OVER IT IN FRONT OF AN EXISTING SIT - IN RESTAURANT.LOCATED AT 1420 HERTEL SEE SKETCH ATTACHED Parent A1P # Project # ProjectlPhase Name Phase # SizelArea Size Description Address 1416 HERTEL BUFFALO NY 14216- Location Contact ID AC209031 Name Mailing Address 484 DELAWARE AVE City BUFFALO ZIPIPC 14202 Day Phone Fax Occupant N From To. Contact ID AC1215837 Name Mailing Address 484 DELAWARE AVE City BUFFALO ZIPIPC 14202 Day Phone Fax Occupant N From To Contact ID AC18393 Name Mailing Address 155 NICHOLSON AVE City BUFFALO ZIPIPC 14216 Day Phone Fax Occupant N From To 1416 -1448 HERTEL REALTY CORP Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 12/12/2005 To HERTEL REALTY Organization State/Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 02/22/2005 To 05/06/2007 MOLLE,DOMINIC T & W Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo OUTDORCAFE Building Applicat 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report bate 04/09/2012 03:48 PM Submitted By DAVID KRUG Page 2 No Addresses are finked to this Application y 4 MA A . ., No Addresses are linked to this Application x-s tai' 'a# 5 % 0786500004021000 a" C "F ^ice` 0786500004021000 No Parcels are linked to this Application No Applicant Contacts CC APP Fees Failed APPLICATION FEE ($25.00) ENGINE=ER e • x EARN � �..a�sa ...i " 62n ' -, ,:_ ° s ^ ' '�. `' " � Rfr".'aaZ�`° , .; °:�� � ar � 1: Capacity Check Inspections Inspections Successful Check Reviews r 'ex Type Check Conditions Conditions Successful Expire Approved; OK B Name TO BE BID Alert Conditions Successful Check Licenses Phone (716)851 -4924 x Fax Address 301 CITY HALL Comments Checffiases BUFFALO, NY 14202- 0 MIKE CHRISTIANO 445 -0001 9 . k P96 • pg. X" ��` .g . • m fc _• U 25.00 PERMIT FEE U 0.00 999999 HIM AC125720 TO BE BID Total Unpaid 25.00 Total Paid 0.00 - . a .° •r,:xa J �:�a°, oat ag^?,. .; a "�.; ��ag, `'9&. � ;? �� " �`5:sg' " � e➢x^'v:;a a. ° ,� °`° 3 Check Fees CC APP Fees Failed APPLICATION FEE ($25.00) ENGINE=ER Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Successful MD MULTI - DWELLING PROPERTY Approved; OK Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Checffiases 0 ``gg,, "'9 q'; 9 APPLICATION FEE U 25.00 PERMIT FEE U 0.00 Total Unpaid 25.00 Total Paid 0.00 582106 CC APP 0 N 582107 ENGINE=ER 0 N City of Bufi'io OUTDORCAFE Building Application 65 Niagarra Square Buffalo, -4 949 Fax (716)851 -4ax (716)851 -5472 Report Date 04/09/2012 03:48 PM Submitted By DAVID KRUG Page 3 0 MGM I- O x i 0. 301 dST { Pa,7 �a / (ffl� 1 t% r7 sJbr Y ' Will Howand E Mandell. 3r. � xae r,t, C-4 ft J .__.__. . [l - -..�s� H�.�/T'� � 4r�y__..., 4� V Z �p i 7 w....- -./CL f[fl7rf/ " €GC�HY- +nT`TLiC� gCSSLdrtia�Y. x I WilllOmsvi[le, N.Y. 14221 ti d S-0 -7209, Pr 2. a1 .�- ^_ DABMMBtiPxlgW"= ra, Aaw Y .h slate FAaolmn taw. >� � t C - .c P 561 _ _ 17161631 -5986 43Ft• Y+ �� CoV[ -. R.6Tal1.i1N4 � � 1 5{� \ a coPC.tv�� Mar >-.SH ...cF- 1- 66Z$�PS�J 'FuwYrrh o.6��5,7 1 Q �� 11 9.4r 8.17 Y 0 MGM I- O x i 0. 301 dST { Pa,7 �a / (ffl� 1 t% r7 sJbr Y ' Will Howand E Mandell. 3r. � xae r,t, C-4 ft J .__.__. . [l - -..�s� H�.�/T'� � 4r�y__..., 4� V Z �p i 7 w....- -./CL f[fl7rf/ " €GC�HY- +nT`TLiC� gCSSLdrtia�Y. x I WilllOmsvi[le, N.Y. 14221 ti d S-0 -7209, Pr 2. a1 .�- ^_ DABMMBtiPxlgW"= ra, Aaw Y .h slate FAaolmn taw. >� � t C - .c P 561 _ _ 17161631 -5986 swi�sMVtmrzs - xxawoe coPC.tv�� Mar >-.SH ...cF- 1- 66Z$�PS�J 'FuwYrrh o.6��5,7 1 Q �� 11 9.4r 8.17 Y 1 •'� "�-1 2d S,a. lv�Y Cesar+ - � - I •f' - - >3 o 144c� r > , , T f , 6 } AIP 0 MGM I- O x i _ ' �rJiE�l/� /G�!F / ��eay.�/�+ J IP1/ �QrsIF -I ��TF�(0�.�/�� AL Howand E Mandell. 3r. � xae r,t, C-4 ft .__.__. . [l - -..�s� H�.�/T'� � 4r�y__..., LC3fId SllN2SrQr ho a11� �or -- 4049 Susan Drive m rh i�a r5nlnlon 11 th ls arvep, mp 6'�� � �� - WilllOmsvi[le, N.Y. 14221 d S-0 -7209, Pr 2. a1 DABMMBtiPxlgW"= ra, Aaw Y .h slate FAaolmn taw. >� � t C - .c P 561 _ _ 17161631 -5986 swi�sMVtmrzs - xxawoe g ti rg WA , EAR Via wI nd WZ 00 51, D. Forness, Owner, Use 197 Allen for a Bar /Sit in Restaurant and Sidewalk Cafe (hrg 4/24) (Ell) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD City of Buffalo GC Building Application 0'5 Niaga�a'Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 03/29/2012 43:31 PM Submitted By DAVID GRUNDY Page 1 AIP # 178822 Processed Issued Final Date I Time By Temp COO COO Expires Date 1 Time By Valuation 5S0GfatGd Information Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -57 C(3), FOR A RESTRICTED USE OF EATING AND DRINKING ESTABLISHMENT IN THE ALLEN STREET SPECIAL DISTRICT. PUBLIC HEARING REQUIRED, FEE REQUIRED. CHANGE OF USE - IN A 1ST FLOOR PORTION OF A MIXED -USE MULTIPLE DWELLING BUILDING, CHANGE USE FROM STORE TO BAR I SIT -IN RESTAURANT FOR UNDER 50 PEOPLE, AND A SIDEWALK CAFE. PLANS REQUIRED Project # Project/Phase Name Phase # Size /Area Size Description Address 197 ALLEN BUFFALO NY 14201- Location Contact ID AC1258746 Name DONALD L LEONE Mailing Address 1010 ELMWOOD Organization City BUFFALO State /Province NY ZIPIPC 14222 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # (716)316 -2270 Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC949621 Name DONALD L LEONE Mailing Address 197 ALLEN Organization City BUFFALO State /Province NY ZIPIPC 14201 Country USA ❑ Foreign Day Phone (716)882 -3000 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 03/06/2002 To 05/06/2007 Contact ID A0240939 Name LEONE DONALD L Mailing Address 1010 ELMWOOD AVE Organization City BUFFALO State /Province NY ZIPIPC 14222 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 11/02/2001 To OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: To be held in the Council Chamber, 13' Floor, City Hall On: 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. Date a w e- 7-.. ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING y - au -ia CP 6D ).Je� � -j - Print Name M«�b�� 4': A - 'P Phone# PARALLEL WITH ALLEN S7REET- 1NSTRUMfN7(Sf UTILIZED IN DETERMIW6 LOCARON Or BOUNDARY LINES. Legal Deacr&flon PRDPERTY CORNER MONUMENTS WERE' NOT PLACED AS PART OF THIS SURRE - THI SURI2 Y W WT AS, PREPARED 7N011T 7HE BENEP7T Of A CURRENT ASSIRACT Cr 7771E AND IS SU5JFCT TO ANY STATE OF FACTS 7HA7 MAY 8E REIEWED IN SAID ABSTRACT ND7F.' 1}NS SVRVEY uqP WAS PREPARID !N AC1Cg4DANCE 01N TXF @ COPYRIGHTS BY: AMENfl. CURRENT STANDARDS FOR LAND SORVE}S ADOPTED RY INF �. BAR Ass DCrAnoN DY ERTE. couvrY AT 7xF ReouESr Or Millard, MacKaT & -Delles SURVEY DATE: 4 -5 -11 "' DRAWING O Donold J. Leone £s,. �� LAND SURVEY RS, LLP DATE: 4 --8 -11 NrsACS Na OSD497 150 AERO DRIVE SCALE: 1" = 20' BUFFALO, NEW YORK 14225 PHONE (716) 631 -5140 FAX 631 -3811 " ALL RIGHTS RESERVED" C THIS MAP V0113 UNLESS EMBOSSED WITH NEW YORK STALE IJCENSED LAND SURVEYOR'S SEA. ALTERING ANY ITEM PART OF LOT 51. SECTION TOWNSHIP 11 RANGE 8 OF THE LAW EXCEPT S MAP I P VIOL SON OF THE Holland Land Company SURVEY— Ene COUNTY N.Y, 72 09, PART 2 OF THE NEW YORK STATE E UCAVO N Law ti O SURVEY OF: 197 -199 Allen Street, City of Buffalo. SBL No. 100.77 -5 -2 BRICK - On Llne BUILDING 04 N 0,63, 50 007 & L�Llne 4b:6-`� ___Cencrete -_... m x - . / X4 1 0.05' A / - ,0.03 £ { F lp7� tal - e—pe CONCRE7F BLOCKS z ay BUILDING / 2.75rE I j W . h io. PARALLEL Bldg. On line • r7 r ^ .Q BRICK BUILDING s �� BRICK BUILDING / v (1 5 ONE FRONT 4 STORY) t t� bra Mefo1 Cet7Or Fnt 4.0'E' ! �r Upper Bdy r' 275' F NO. 197 N0. 199 t r r �B Seom /` ` �ti7 - :/ y Bldg. 0, 285 &0.13E - Upper By - 5 0 o O 2.37 • 2.9' S MetO! �( 1'll Fire Fsevpe 3t S pP� Boy 29' T. ALLEN (62- WIDE) STREET 1NSTRUMfN7(Sf UTILIZED IN DETERMIW6 LOCARON Or BOUNDARY LINES. Legal Deacr&flon PRDPERTY CORNER MONUMENTS WERE' NOT PLACED AS PART OF THIS SURRE - THI SURI2 Y W WT AS, PREPARED 7N011T 7HE BENEP7T Of A CURRENT ASSIRACT Cr 7771E AND IS SU5JFCT TO ANY STATE OF FACTS 7HA7 MAY 8E REIEWED IN SAID ABSTRACT ND7F.' 1}NS SVRVEY uqP WAS PREPARID !N AC1Cg4DANCE 01N TXF @ COPYRIGHTS BY: AMENfl. CURRENT STANDARDS FOR LAND SORVE}S ADOPTED RY INF �. BAR Ass DCrAnoN DY ERTE. couvrY AT 7xF ReouESr Or Millard, MacKaT & -Delles SURVEY DATE: 4 -5 -11 "' DRAWING O Donold J. Leone £s,. �� LAND SURVEY RS, LLP DATE: 4 --8 -11 NrsACS Na OSD497 150 AERO DRIVE SCALE: 1" = 20' BUFFALO, NEW YORK 14225 PHONE (716) 631 -5140 FAX 631 -3811 " ALL RIGHTS RESERVED" C THIS MAP V0113 UNLESS EMBOSSED WITH NEW YORK STALE IJCENSED LAND SURVEYOR'S SEA. ALTERING ANY ITEM PART OF LOT 51. SECTION TOWNSHIP 11 RANGE 8 OF THE LAW EXCEPT S MAP I P VIOL SON OF THE Holland Land Company SURVEY— Ene COUNTY N.Y, 72 09, PART 2 OF THE NEW YORK STATE E UCAVO N Law ti O SURVEY OF: 197 -199 Allen Street, City of Buffalo. SBL No. 100.77 -5 -2 City of Buffalo GC Building Application w5 Niagara 'square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 03/29/2012 03:31 PM Submitted By DAVID GRUNDY Page 3 Case # 103164 Case # 148570 Case # 89924 Total Unpaid 0.00 There are no Inspections for this Report Detail 1. PRIOR REQUIRED APPROVALS Modified By GRUND Comments No Comments PRIOR APPROVALS Bflo 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 Total Paid . 0.00 Modified DatefTime 03/28/2012 11:16 City Survey (con't) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination Common Council ❑ Admin R4 Office /A is p ❑ First Insurances Check ❑Public Works approval ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ CanopylMarquee ROW Lease showing Use ❑ Rodent/Vermin Bait encroachment ❑ Freestanding Sign ❑ SewerlWater Cut ❑ Sewer Retention ❑ Human Service Facility ❑ Simple Demolition ❑Telecommunication ❑ Portable Sign in ROW ❑ Simple Plan Approval ® Restricted Use Permit ❑ Zoning/Use Check ❑ Tree over 4° at 4' ❑ Other ❑ Thruway Sign approval Environmental Review Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ S.E.Q.R.A. ❑ N.E.P.A. ❑ Contiguous Check Law Office Water Department ❑ Insurances Check ❑ New Water Supply ❑ Title Held ❑ Water Retention Detail 2. PLAN REVIEWS Modified By GRUND Modified Date/Time 0312812012 11:21 Comments No Comments City of Buffalo GC Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 03/29/2012 03:31 PM Submitted By DAVID GRUNDY Page 4 PLAN.REVIEINS 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 . PRESERVE N There are no items in this list Revisions Required ❑ Revisions Required for Simple Plans ❑ Revisions Req'd for 1- and 2- Family ❑ Revisions Req'd for Mutt. 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 HVAC1Mech. ❑ Revisions Required for Elevators ❑ Revisions Required for Fire Bureau GRUND 03/29/2012 15:30 There are no Items in this list City of Buffalo 05 Niagara Square Buffalo, NY 14202 (716 )859 -4949 Fax (716)851-5472 GC Building Application Report Date 03/29/2012 03:31 PM Submitted By DAVID GRUNDY Page 5 1 00 52 R. Bender, Agent, Use 2200 Elmwood- Erect Signage to a Sit -In Restaurant (no hrg)(North) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 0_30 a3 {�- ����� L� t Y�l � E✓L.�� 7��j � /G�'" �C �J '� i ) L_C�: ' � i! `�'. l 1I f `' ,,� NAME AGENT WNER /PHONE# ADDRESS PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. ! Y` 3 L;q ouluttalo 65 Niagara Square Buffalo, NY 1.4202 (71'6)859 -4949 Fax (716)851 -5472 Report Date 04/05/2012 11,44 AM A!P # 179156 Submitted By DAVID GRUNDY SIGNS Building Application Page 1 Date 1 Time By Date 1 Time By Processed 04/05/20112 11:38 GRUND Temp COO Issued COO Final Expires j Type of Work # Plans 0 Declared Valuation 20000,00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name lie=iption of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 387 -19, FOR FREESTANDING SIGNS. NO PUBLIC HEARING, NO FEE. ERECT SIGNAGE TO A 51T- IN RESTAURANT; GROUND SIGN, 2 WALL SIGNS, AWNINGS WITH SIGN BAND, DIRECTIONAL SIGNS AND MENU BOARDS. PLANS REQUIRED. Parent A1P # Project # Project/Phase Name Phase # Size/Area Size Description Address 2200 ELMWOOD BUFFALO NY 14216 Location Contact ID AC1211632 Name MORMINO SALVATORE JACOBI FRANK; Mailing Address CIO CARRIE JACOBI Organization City 47 LOWELL RD State/Province KENMORE NY ZIPIPC . 14217 Country Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC14179 Name MORMINO,SALVATORE JACOBI,FRANK; Mailing Address 89 DANA RD Organization City BUFFALO State/Province NY ZIPIPC 14216 -3512 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 0 512 812 00 0 To 05/06/2007 Contact ID AC333233 Name XIAO BAO LU Mailing Address 60 BRYNSTONE CT Organization City AMHERST State/Province NY ZIPIPC 14228 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 10/04/2011 To Foreign ❑ Foreign ❑ Foreign City of 6urfalo SIGNS Building Application 65 Niagara Square Buffalo, 'NY 14202 (716)851 -4949 Fax (716)851-5472 Report Date 04/05/2012 11A4 AM Submitted By DAVIT) GRUNDY Page 2 Contact ID AC362723 Name INC. SHL PROPERTIES Mailing Address 60 BRYNSTONE CT Organization city AMHERST StatelProvince NY ZIPIPC 14228 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 1010412011 To Contact ID AC344402 Name INC. TIM DONUT U.S. LIMITED Mailing Address 4150 TULLER RD STE 236 Organization City DUBLIN StatelProvince OH ZIPIPC 43026 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 04/01/2012 To Contact 10 AC361899 Name INC. TIM DONUT U.S. LIMITED Mailing Address 4150 TULLER RD Organization City DUBLIN - StatelProvince OH ZIPIPC 43017 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 04/0112012 To Contact ID AG124307 Name ROBERT VERNON Mailing Address 771 MILITARY RD Organization GBA ENTERPRISES City BUFFALO State /Province NY ZIPIPC 14216 Country USA Day Phone (716)812 -0094 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/03/2005 To 05/06/2007 No Parcels are linked to this Application ❑ Foreign ❑ Foreign ❑ Foreign ❑ Foreign No Applicant Contacts City of Buffalo 65 Niagara Square SIGNS Building Application Buffalo, 4 14202 (716)851 --4949 Fax (716)851 -5472 Report Date 04/05/2012 11:44 AM Submitted By DAVID GRUNDY Page 3 Primary Y Capacity Type Effective Expire Contact ID CUSIGN {Name CUSTOM SIGN CENTER, INC (SBU) Phone (614)279 -6700 x Fax (614)279 -7525 Address 3200 VALLLEYVIEW DRIVE Comments COLUMBUS, OH 43204 - No Comments 541654 SBU AC308306 JOHN GAVIN Check Fees APPLICATION FEE ($25.40) APPLICATION FEE - FLAT FEES ($25.00) FLAT FEE GROUND SIGN @ COMMERCIAL SITE ($75.00) SIGN PERMIT FEE ($56.00) Check Inspections Check Reviews Check Conditions Check Alert Conditions Check Licenses SBU Check Children Status Check Open Cases Case * 185567 Case * 132187 Fees Failed Unpaid Unpaid Unpaid Unpaid Inspections Successful Reviews Successful Conditions Successful Alert Conditions Successful Valid License(s) License Valid Children Successful 2 APPLICATION FEE U 0.00 SIGN PERMIT FEE U 40.00 APPLICATION FEE -FLAT FEES U 25.00 FLAT FEE GROUND SIGN @ COMMERCIAL SITE U 75,00 Total Unpaid 140.00 Total Paid 0.00 There are no. Inspections for this Report Detail I. PRIOR REQUIRED APPROVALS Modified By GRUND Modified Date/Time 04/05/2012 11:37 Comments No Comments City of Buffalo SIGNS Building Application. 65 Niagara Square Buffalo, NY 14202 (716)651 -4949 Fax (716)851 -5472 Report Date 04105120.12 11:44 AM Submitted By DAVID GRUNDY Page 4. I No Conditions There is no planning condition for this project. No Records for This Search Criteria ❑ Work Done by Owner ❑ Zoning Board of Appeals GRNDSIGNCO FLAT FEES ❑ Work Without Permit (FINE). PRIOR APPROVALS TOTAL SQ.FT. HEIGHT 0 Pole Sign 0 0.0 Bflo Arts Commission ❑ Arts Comm. Approval City Survey (can't) ❑ Subdivisions Permit Office Q Asbestos Survey ❑ Asbestos Abatement ❑ Special events — 0 . ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Notarized Permission/ for portable sign one year ❑ Encroachment Q CanopytMarquee ROW Lease showing Use ❑ RodentfVermin Bait encroachment ❑ Oversize Trucking ® Freestanding Sign ❑ Sewer/Water Cut ❑ Sewer Retention ❑ Plumbers' Cu ❑ Human Service Facility ❑Simple Demolition ❑Telecommunication ❑ ts Street Cu ❑ Portable Sign in ROW Q Simple Plan Approval City Piannjng_ ❑ Restricted Use Permit � ❑ Zoning/Use Check C) Tree over 4" at 4' L) Citywide Site Plan Q Other ❑ Thruway Sign approval ❑ Subdivisions ❑ Urban Renewal Environmental Review ❑ S.E.Q.R.A:. Preservation Board ❑ Preservation District ❑ Zoning Variance ❑ N E P A ❑ Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held Q Water Retention I No Conditions There is no planning condition for this project. No Records for This Search Criteria ❑ Work Done by Owner ❑ Zoning Board of Appeals GRNDSIGNCO FLAT FEES ❑ Work Without Permit (FINE). NO. TYPE OF SIGN SIZE(S) TOTAL SQ.FT. HEIGHT 0 Pole Sign 0 0.0 1 Ground Sign = 0 0.0 0 Wail Sign = 0 0 Awning Sign — 0 . 0 Advertising Sign = 0 0 Projecting Sign — 0 0 Roof Sign 0 Zoning District: M 1 City of Buffalo 65 Niagara Square Buffalo, NY 14202 {716 }851 -4849 Fax (716 )851 -5472 SIGNS Building Application Repor pate 041Q512p12 1 1:44 AM Submitted By DAVID GRUNDY Page 5 TIM HORTONS #914209 -23DO !BUILDING - 2200 ELMWOOD BUFFALO, NY 7'- 8 7/8" -- — — - f — 7' -6'. CALCULATED SQUARE FOOTAGE: 3195F SIGN TYPE SPECIFICATIONs € 0 FACT: MaDEL - THM40 -CBS VZ ILLUMINATED " 10" SA ALUMINUM SIGN CABINET PAINTED PMS 4975 DARK BROWN .150" FLAT SOLAR GRAVE POLYCARSONATE 013ROUND FACES WITH FLAT I)ECORATED GRAPHICS OPTIONS FOR TAGLINE ARE FLAT DECORATED GRAPHICS NOTE:.MASONRY BASE BY OTHERS fILEIt[RME: LLMi�lDOD PREL%'i SfGhl_EKG R€N #2 SCALE: 3/8 " =7' pprp"A-sft "�Q L), 47E: 7 /7811tRE1/.DATE:7j29111DGNR:RV SALE! SHEENY spalfing.cglm'md31 meets c rstamer & lam MODE. - THM40 - CBS -V2 TIM HORTON5 CAFE & BAKE SHOP MAIN CABINET 1 o.. 8 v?a5 4o3 n FACE TRIMS - 9 PROVIDED ❑ 4 10 PM5 MS 4 g7: ❑ FASCIA COLOR � REQUIRED E3 Pots 40: RADIUS DIM. tr re�imLeusmmprlc r. PM 4575 _D 7 BUILDING DIM. praslde emlmn $igc FACADE ANGLE GMeypscNhbcgmerx "I OTHER mo w a;'prpKa(R b] fiW pkdse rnnhclYom DescnPdan Here saFrpenenor Resign Sletl for Other gems - sgProPdalefiGYypa. 320f1 PH: i re that xg CUSTOMER: 0 remler�d LANDLOR 2` -O" TIM HORTONS 4974209 -2300 BUILDING - 2200 ELMWOOD BUFFALO, NY --------- y.._------- _- _------- i._.J...P 791 TY LINE _ j ALUMINUM ~ i A . WROUGHT �� s NORTH IRON FENCE - 4 FT, o SCALE: 1/32" =1' (ALONG NORTH CURB) ii SIGN LEGEND y EA1P YEE . O. PAR WG - 24' o � {Q MODEL - THM40 -CBSVZ • MOREL- THL- CBS•39 V2 i PROPERTY 04 + MODEL -THL- CBS -31 V2 fr` i i I I&MR I' ! o I TH-PRESELL- FLIP -LED ko COOLER a • THCLEAR- 7FT41N (CLEARANCE BAR) GRID i, - i'-'� � , D /FDIRECTIONAL - NORTH I ' SIF DIRECTIONAL I s J W DIF DIRECTIONAL O �i PROPOSED ' °' ° AWNING � D. i I li fukAt w� , i ;� � AWNI 0 i I MODEL 23DO.11 ORNE TFit!{I I i ' CGAWNING CF. SEATSS TOD Fr. : ..1 ( AWNING z �ISAWNING z SCRIPT BANNER METAL FRAME WITAGLINE 4 ....r SCRIPT BANNER METAL FRAME W/ TAGLINE W HINMA N A VENUE SITE PLAN SCALE: 1 32 " =1' _ _• _...� . . ...... _. .. ._ -_ • _ . _, _........._...... _ ..�� ...... � � ' - } .""m.�°r�r. „� °m."�r..�..,r� h w �.ra �,b"'e� "• m: a �tr:.,r � r �1 � I ~ `�� ',� nu�etl wo.aM Hpra•�cby� I ^' frr I I 1 IY I , • 1 � L � s � :•L• - ��nwr.ro°n — q., aa..r am..rxn rr.4 �°nr°�mo°- i!a°r 3 � r 4 I i•+mM�rer teu b.r.nh rt a.sram x. ws ..u.. ......_ . s i ' 1, s g e rrow emu ub.vbx.nro,Wbra MOwiwf .n.Y '."er am.v. ma a,..wr. Mn-x _ i IR _...� - ^ . � _� • - . „.- {r k _ ..... ..... __. _. I _. _._...� r..r % I � �� � a'r':v �°. � en ""nr.�': u' ow""r�"�.: .. _..- =y �.w + _...:.� wv oFGO' - ' ~��: � ° • .� r i l Mr mm. no...re fm e. en ad .0 rL° ...,p wr i .._. �" I ....n°:or. ...... —sam ., n..ar 1 9a °r � I � � nr. x,m.,ar...a . a.,w... � ..�•;,eb� aw w R n:w I I L ,.'.� j I i i 11i � I .�+i �� W w9:w.:. uf"r"6v°°'• ��w..�s r� L.._...,.._�a,..r.. _L it R - ---- �" sr a -- roz�s' R rau,ro., nam mvr avw, ®ru,wees oemaw:m mnmrvrc xv -awes �. — - Apo � K. I � .w y E a ?I1 _....., ...._.. ... mn _.. g' ..:._...a mar I i PE ai n� _._ PAP. a I- a lu&M 4. P .T�.MYmIP'S rtr ]n "ucw:cx f vrxvu °,,. rwrr . �nr ur - @ aaxuu.Aram®o,rs.°e WlM G(6lwrwwT.wr Armmmu n ..... I r ' I '"" {'"' o � �.e� °sue � +� � O i '. � '✓ � 1 � I� x«nr °r I �. n � E f I axnx a,rorxrr reran,^ x uw. �..� a r _ six Fl Ig Y' r:, .ro nK r °•'� -y+' ..� I 1 _a I�. +'� s, rrsaaur m,acw uauar rewn mnm.aa. uraror mu wt�s e n a -- I � � .. xr ' r]nr earn i aunrs��`rm r:nor��.mra.on aovoem,r eraan sasr P•°auernr¢xe as sa`"w i � _ rrnr,.r. w I ,{ ` A6l ctusnrr rorarvm xo�n er,�erm.. to aY�ervra ar mev MI E � � r 1 " W _ ..x n.r.<r mwew nomay. aewrm ream ms an uo° E e d— ,.r >.... -..rry '.- s+n_4..._ e n u -w. '��. �.x..r _�' '•p _. _ -. _ - . .. ... "'xw nww.o°¢•.h .mr a. 1 v. r•w.r..a � arur..ib. wr.r �wrr - •^ .- � • �` p @ 1 w.. wax _ _.....•_....- _ _ .. __..� . ...._.... _. .L ., �. .... .. __.. ___ _ MY _ __...__ _ ...I. =r -- n .. �..._..._ ......... rr 7 l .� I' r3 ,ry..}d ceazaenav - _. n ' n dl r • _ _ h'INMAN _ .. r� ,1�y... ". A f�ENUE �, e ;r� I� • :, � .. �. a.r•r mn .......r� n.._r mr.....,.. �r.�. .. .i[ f +ao..r �¢" � •_�....• :��`., � i y � �u �w "� n i.uusiraaamr t*ra- rariw.r.r.,..u. _ ...........................'. ......_........- ..._.....__.... _ .... __........___ awu w rrm mare m..r m..Ne*m r .«rte «- .......... ..:... _. , r A N - s a 6 = Z. M. =I �P.arr rw cenPxtc scn ° m ""'� ° " s °° Y "new ALTA/ACSM LANG 77775 SURVEY Lwo w t A r .>:r l tl � ° b �.¢ : -;' �ti" -� e � n.a:r,a,a, n..w..rn _ .� rt - °re m� w- - - rM. win a�.arsn• hl@W'TY MAP x _ a. sr¢ r r rn aw evi°ea - uaT ar WT __27 IH�*. w _ SIRe+fY �:sxn ean.md w.>rm� C4' or pu,ml. 5EL Nn .• ^ .n a3$ Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) 00 Notices of Appointmeixts- Temp/Prov /Perm CCR #29, 4/3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service a FINANCE .. (Michael J. LoCurto Chairman) 00 54 D: Pridgen -C�p t;itu t Sorts City Ambassador CCP #29, 11115 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 0 0 5 5 d 1 b aD.- idgon- .'roper -ty Tax Hardship Assistance Program CCP #32, 11115 . Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance OD 00 5r D:- Pridgen -J. Campbell-Support Resolution for HR 1489 "Return - -to Prurient Banking-Act-of 2011" CCP #43, 10118 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED .�v0 Recommended by the Committee on Finance 00 5ry T_.. Opening Gift Shop Tourist Info Ctr on 25 I .Floor of. City -?-Iall(ex res)( #1.05,7/20) CCP #76, 1014 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED /A M�. Recommended by the Committee on Finance 00 58 _,.. J.=Pajak -DPW Response to Program .._ CCP 950, 7/12 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 0.0. 5 - COB Fund- Balance Policy(Compt) n _ _ CCP #8, 05112 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 00 Fund Balance Policy(Compt) CCP #14, 04/15 . Mr. LoCurto moved That the above item, be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Finance 244 COMMUNITY DEVELOPMENT (Joseph Golombek, Jr.,' Chairman) City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 61 PASSED April 17, 2012 Permission to Designate Devel St. John Comm Devel Corp —17 Bldg Sites; 50 Parcels (Ell)(Strat Plan) Gerald A Chwalihski City Clerk P ow C.r /. /LIL . IN Sz T �� I Permission to D� signate l:Dev-elc-pment -- St. John's Community Development (Ell)(Stra. -flan) (Comm. No. 6,' C.C.P., April 3, 2012) Mr. Golombek moved: That the above communication from the Office of Strategic Planning dated April 3, 2012, be received and filed; and That the Common Council hereby a designates St. John Community Development Corporation, 184 Goodell Street, Buffalo, New York 14204 as developer of fifty parcels; and authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the 50 parcels, and to forward to the Common Council for final approval agreements for transfer of title. Passed. C:1 Users` lrucinskilAppDatal LocallMicrosoftlWindowslTemporary Internet Fi leslContent.Outlook\OX32QVW61St John Townhomes (2).docx i -City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 62 Dedication of a Park at 828 S. Division Street PASSED April 17, 2012 Gerald A Chwalinski City Clerk [v� Dedication of a Park — 828 S. Division Street (Res. 86, C.C.P., April 3, 2012) Mr. Golombek moved: That the above communication dated April 3, 2012, be received and filed; and That the Common Council has the authority under the New York State Municipal Home Rule Law §10(1)(ii)(a)(6) to acquire, care for, manage and use its highways, roads, streets, avenues and property in ways which benefit the health, safety, welfare, peace and prosperity of its residents, and hereby dedicates the above - referenced parcel as City parkland; f fk SSE _D CADocvments and SettingslclehnerlLacal SettingsWernporary Internet Files\OLKIDIDedication of a Park.docx LEGISLATION (Darius G. Pridgen, Chairman) 00 63 _ Pres Bd -Info Reg 206 Allen- Preservation Bd Vote ( #2, 4/3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation . 00 64 Food Store License (New) — 1069 Broadway (Fill)(EDPI) (Comm. No. 16, C.C.P., April 3, 2012) That the above item be, and the same hereby is returned to the Common Council with 6u 4 �'.L 0 o w.wwv.1-k s sn Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized a L Cj Wk 6 Recommended by the Committee on Legislation Chairman "" E �� � TAwp60 -17 -12 meetinglfood store license -1069 Broadway.docx - - City Department BUFFALO. April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. . No. 65 PASSED April 17, 2012 Food Store (New) 468 Niagara (Ell)(EDPI) Gerald A Chwalinski City .Clerk 555 00 65 9 5 Food Store License (New) -- 468 Niagara (Ell)(EDPI) (Comm. No. 20 C.C.P., April 3, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License at 468 Niagara Street to Sartib Mahmoud d/b /a Quick Mart upon the following conditions: I- No selling of loose items (cigarettes, cigars, diapers, etc.). A . At least two working security cameras to be on site — one inside the store and one outside the building. ,3 No painted signs on the buildings or in windows. . No cooking or selling of cooked items for sale. No outdoor signage advertising tobacco, gambling (lottery) or alcohol. Any violation of City ordinances for the above- listed conditions will result in the loss of food store license. Passed. Recommended by the Committee on Legislation T'Awp6N W\COUNC LI 4 -17 -12 meetinglfood store Urense•468 Niagara.d= 3 ' AYE * Nom-/ FONTANA • F *MCM. ' GOMMIK LOCURT[i RIVERA RUS3EI►L g �. City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 66 PASSED April 17, 2012 Restaurant Dance License (Renewal.) 1108 Elmwood (Del)(EDPI) Gerald A Chwalinski City Clerk sz :01 WV C- IN Lid. 00 Go 9- Restaurant Dance License (Renewal) — 1108 Elmwood (EDPI) (Item No. 22, C.C.P., April 3, 2012) Mr. Smith moved: That the above communication from the Commissioner of Permits and Inspections, dated April 3, 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 to 1108 Elmwood, Robert Rabb d/b /a Mr. Goodbar upon the following conditions: Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. 0 TAwp6011"=UNC1L14 -17 -12 meeting\restaurant dance class IV -1108 Hlmwood.dom *AYE *NO FONT ANA GOLORIM LO CURT RIDGE T & . RUSSELL 2 8- 6 314- 7 * . 2 00 V J. GoIombek- Article -R. Termini: Archaic Rule on Community Colleges { #43, 413} Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 68 PASSED April 17, 2012 J. Fletcher, Agent, Use 2515 Bailey for Freestanding Sign(no hrg)(Univ) Gerald A Chwalinski City Clerk APR 302012 (.: 7 e: 00 68 )-of Freestanding Sign — 2515 Bailey (Univ) (Item No. 53, C.C.P., April 3, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated April 3, 2012, be received and filed; and That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to J. Fletcher, Agent, for a freestanding sign located at 2515 Bailey. Passed. Recommended by the Committee on Legislation TAwp60VU\COUNC1Lk4 -17.12 meetingTreestanding sign -2515 Bailey.doc Chairman �� 4, * FOMMA FANC GOLQbf= ' LOCMO *� Pm4m RUS . s City Clerk's Department . BUFFALO April 20, 2012 HON. BYOON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 69 Ord Amend — Ch 263, Licenses PASSED April 17, 2012 Gerald A Chwalinski City Clerk Qa 69 Ordinance Amendment — Chapter 263 Licenses (Res. No. 87, C.C.P., April 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 Chapter 263 of the Ordinances of the City .of Buffalo be amended by adding Sections 269 -39 through 263 -40 as specified in the attached Ordinance Amendment. Passed. Recommended by the Committee on Legislation T:Nwp60\JRP\COUNCIL\4 -17 -12 meeting\Ordinance Amendment -ch 263.doex "� b3 By: Mr. Golombek Re: Ordinance Amendment Chapter 263, Licenses The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of the Code of the City of Buffalo be amended to read as follows: Article IX. Operation of Licensed Business &263 -39 Operation of business. A. The owner /operator of any establishment licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner and the operator of any establishment licensed_by_the City of Buffalo shall comp with all notices orders decisions and rules and re lations made by the De artment of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo Department and/or Agency. C. And person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137 Article I, of this Code, and may be subject to immediate closure by the Buffalo Police Department and/or the Department of Permit and Inspection Services an Administrative Hearing will be scheduled within silt 60 days of said immediate closure. „§263 -40 Closure for operation without license. Any establishment operating without the required Cit y of Buffalo license shall be immediately closed by order of the Buffalo Police e ) .- o Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation. Material in brackets [] is deleted. Underlined material is new APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL Alan P. Gerstman Asst. Corporation Counsel City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 70 PASSED April 17, 2012 S. Tomaselli- Nugent - Proposed Awning 206 Allen (Fill) Gerald A Chwalinski City Clerk rv s O W co 00 70 Proposed Awning - 206 Allen (Fill)(EDPI) (No. 65, C.C.P., March 20, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on April 10, 2012, the amended application of S. Tomaselli- Nugent, as owner, to install an awning to 206 Allen is hereby approved. Passed. Recommended by the Committee on Legislation TAwp60�W\COUNCILA -17 -12 meetingTroposed awning -206 Allen.docx sz- 0 0. 71 Report of Sale -521 Broadway(EIl)(Strat Plan) (Com V, Feb. 21, 2012) Rev. Pridgen moved: That the above item. be the same and hereby is Referred to the Committee on Community Development. ADOPTED Recommended by the Committee on Legislation �q ro 00 '72 LL Intro #5 — Amending Article 24 of the Charter in Relation to Salaries of Elected Officials ( #50, 12127) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Legislation 00 73 R. Johnson, Agent, Use 1240 Del rare-place a Ground Sign (no hrg)(Del) (42,1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed /:11141 0001 Recommended by the Committee on Legislation T\ City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 74 PASSED April 17, 2012 D. Sutton, Agent, Use 1049 Elmwood to Erect 1 Story Addition for Take -Out Restaurant With an Outdoor Cafe (hrg 3/27)(Del) Gerald A Chwalinski City Clerk S =ill WV :-- ,4VW,i 00 74 D. Sutton, Agent, Use 1049 Elmwood to Erect One -Story Addition to an Existing Restaurant (Del) (Item No. 68, C.C.P., March 27, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on March 27, 2012, the application of D. Sutton, as agent, to erect an addition for take -out restaurant with an outdoor cafe at 1049 Elmwood within the Elmwood Avenue Business District is hereby approved upon the following conditions: 1. That the addition be two stories in accordance with the revised plans as approved by the Planning Board; 2. ' oe - uSF /Vi /: v v a< .m . Passed. a�= au.� rava� i-V6C'e S. ;;; e'Y' TAwp64lf MLTNCILI4 -17 -12 meeting\Restaurant Expansion -1049 Elmwood.docx * AYE * era FONTANA GOLOMEK LOCORTO PRIDGE1 rdVE9A . City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I .present herewith the attached resolution item. No. 75 Lodging House License — 825 Fillmore (Fill)(EDPI) PASSED April 17, 2012 Gerald A Chwalinski City Clerk AP i G SZ Sol N' . E . AN 00 75 7 etk Lodging House License — 825 Fillmore Avenue (Fill)(EDPI) (Comm. No. 35, C.C.P., February 21, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pridgen moved: That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Muhammad Sadruzzaman located at 825 Fillmore Avenue. Passed Recommended by the Committee on Legislation T -17 -12 meetingUodging license -B25 Fillmore.doc r r� H - City Clerk's Department BUFFALO April 20, 2012 - HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 76 PASSED April 17, 2012 Lodging House License — 850 Sycamore (Fill)(EDPI) Gerald A Chwalinski City Clerk Z:01 WV. E- WZ10t F. Y HQ V Lodging House License — 850 Sycamore (Fill)(EDPI) (Comm. No. 40, C.C.P., September 6, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pridgen moved: That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Karen Scherer located at 850 Sycamore. Passed Recommended by the Committee on Legislation T:%wp60V P\COUNCIL\4 -17 -12 meetingllodging license -854 Sycamore.doc s ,i 9A, z AYE * NO FONT ANA FRANC LOIWBEK LOM.TO PPIDCI . RJA R.W3ELL z C.y Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 77 PASSED April 17, 2012 Restaurant Dance License Renewal - 67 W. Chippewa (Bayou)(Ell)(EDPI) Gerald A Chwalinski City Clerk lilt C 00 77 Restaurant Dance Class IV 67 W. Chippewa — alkla Bayou (Ell)(EDPI) (No. 16, C.C.P., February 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to 67 W. Chippewa, Adam West dlb /a Bayou upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. r / Recommended b Y the Committee on Legislation ��•�`" Chairman TAwp6OUW\COUNCUA4 -17 -12 meetingVestaurant dance class IV -67 w chippewa.doex "J f City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 78 PASSED April 17, 201.2 Restaurant Dance License Renewal 67 W. Chippewa (Bottoms Up)(Ell)(EDPI) Gerald A Chwalirnski City Clerk Ap off "' P ROVED APR 3 0 2012 MAYOR 00 78 Restaurant Dance Class IV — 67 W. Chippewa — Oda Bottoms Up (Ell)(EDPI) (No. 17, C.C.P., February 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 67 W. Chippewa to Kevin Nightengail /Bottoms Up V LLC d/b /a Bottoms Up upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. Recommended by the Committee on Legislation TAwp60'JRP \CGUNCIL\4 -17 -12 meetingVestaurant dance class IV -67 w chippewa - bottoms up.docx q\� AlE *NO FONTANA GOLOMI LoCURTo PRIDGEN . RIVERA = City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 79 PASSED April 17, 2012 Restaurant Dance License Renewal —199 Delware(Ell)(EDPI) Gerald A Chwalin ski City Clerk 9z :ol o V 3 1 T 00 70 Restaurant Dance Class IV —199 Delaware (Ell)(EDPI) (No. 18, C.C.P., February 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 199 Delaware Avenue to Christopher Wahl /Club W Inc., to upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. Recommended by the Committee on Legislation T:%wp60V"%COUNCM4 -17 -12 meetingVestaurant dance class IV -199 Delaware,doex MU City Clerk's Department BUFFALO April 20, 2012 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 80 PASSED April 17, 2012 Restaurant Dance License Renewal— 234 Delware(Ell)(EDPI) Gerald A Chwalinski City Clerk 9�:OINV €- kVNllit 00 so A Restaurant Dance Class IV — 234 Delaware (Ell)(EDPI) (Comm. No. 36, C.C.P., February 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 234 Delaware Avenue, to Kirk Kubiak d/b /a Big Bad Wolf upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. Recommended by the Committee on Legislation T:1wp6UWkCOUNC1L144-17 -12 meetiagVestaurant dance class IV -234 Delaware.dacx Lt • RU� SEL'i, � � � 2(3-- G Ild - 7 �, City- Clerk's Department BUFFALO April 20, 2012 HON..BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 81 PASSED April-17,2012 Restaurant Dance License Renewal — 228 Franklin (Ell)(EDPI) Gerald A Chwalinski City Clerk 45 11 C ��y 00 81, Restaurant Dance Class IV — 228 Franklin (Ell)(EDPI) (Comm. No. 24, C.C.P., March 6, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 228 Franklin Street to Kevin Ricciardelli, dlbla Social upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. Passed. Recommended by the Committee on Legislation TAwp6OVRPTOUNCILW -17 -12 meatingVestaurant dance class IV -226 Franklin.dacx O�-� �(6, -1. 00 82 M. LoCurto -M, Kearns -Req Update on Status -Gamin Facility ( #66, 5111) Rev. Pridgen moved: That e abov item theeF same and "hereby_fgReceived and Filed ADOPTED Recommended by the Committee on Legislation Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 00 83 M. White- Downtown Entertainment Review District,ZR -12 -178 (452,4/3) Rev. Pridgen moved: That the above item be the same and hereby is Received .and Filed ADOPTED ; L4--- Recommended by the Committee on Legislation r 3` � o RULES (Richard A. Fontana, Chairperson) r . Amending City Charter /Council . —ides Make President.Pro- Tompore Appt By Council President lnsteac pf n,:,'rig EIected By Councilmembers CCP #128, 6113 Mr. Fontana moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Rules 3� 00 85 Use of College Interns Within the Bflo CC Central Staff. CCP #86, 12108 Mr. Fontana moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Rules 33 RESOLUTIONS April 17, 2012 00 sc RESOLUTION Sponsor: Mr. Fontana Re: Waiver of Room Usage Fees for Willett St Block Club Whereas: The continued safety and cleanliness of the neighborhoods of the Lovejoy district depends on the care and concern of its residents; and Whereas: Block clubs exist as a means for residents to organize in order to address issues of concern and plan and execute improvements to their community; and Whereas: The Willett Street block club is a newly formed community group focused on the needs and concerns of the residents of Willet St and the immediate surrounding areas; and Whereas:. Community centers such as the Peter J. Machnica Center exist as resources for the residents of the City of Buffalo to meet and take part in recreational activities; and Whereas: In order to aid in the maintenance of community center facilities, individuals who wish to use these facilities for private clubs or groups may be required to pay usage fees; and Whereas: The Willett St. block club is a public group whose members donate their time and personal resources for the good of the community. Now, Therefore, Be It Resolved: That the Common Council shall grant a waiver of Machnica Center room usage fees to the Willet St block club for 2012, so that they may to serve the Kaisertown community. Richard A. Fontana Council President 11 : 1 �6N P5- 00 87 RESOLUTION Sponsor: David A. Franczyk Subject: Marriage Officer Appointment Whereas: Pursuant to the New York State Domestic Relations Law, Article 3- Section 11 -C which allows a governing body the right to appoint one or more marriage officers who shall have the authority to solemnize marriages. The term of office of a marriage officer shall be determined by the governing body which makes the appointment; and Whereas: This Council Member requests that Mich_ ael P. Kearns be appointed to the position of Marriage Officer; and Whereas: Mr. Michael P. Kearns appointment shall be limited to July 29, 2012; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council grants permission to Michael P. Kearns to be appointed as a Marriage Officer for the day of July 29, 2012, pursuant to the Domestic Relations Law of New York State. D vid A. Franczyk Fillmore District Council Member AD®PTE® a . P'�' ®0 88 RES:.�:: p .. By: Mr. LoCurto and Mr. Smith Re: HOME RULE MESSAGE REQUESTING THAT T_ HE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A612 -A AND SENATE BILL 52353 -A, "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS" WHEREAS: Bill. A612 -A has been introduced in the New York State Assembly and Bill S2353 -A has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "An Act to Amend the Vehicle and Traffic Law, in Relation to Directing the City of Buffalo to Adjudicate. Traffic Infractions, ":would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York State Department of Motor Vehicles; and WHEREAS: Such authorization would have several positive benefits to the people of the City of Buffalo, including permitting all traffic related violations to be adjudicated in a single, convenient location; and WHEREAS: In addition enactment of this legislation would benefit the people of the City of Buffalo by providing ;the City with an opportunity to implement a system that would allow traffic violators to have the option of a plea bargain. Currently, New York State holds all hearings in Buffalo without the option of a plea bargain, and so violators are not provided with the option of attending traffic school to become safer drivers and reduce of avoid receiving points on their license that can lead to more costly auto insurance rates; and WHEREAS: Such authorization would also benefit the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS: Enactment of this legislation would place the City of Buffalo on equal footing with other cities and towns in New York State with respect to the adjudication of traffic infractions; and WHEREAS: The City of Buffalo does not have the power to enact such .legislation on its own by local law; and WHEREAS: In the past, this Honorable Body has adopted several Home Rule Resolutions in support of virtually identical legislation. NOW THERFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution the City of Buffalo requests the enactment of New York State Assembly Bill A612 -A and Senate Bill 52353 -A, "An Act to Amend the Vehicle and Traffic Law, in Relation to Directing the City of Buffalo to Adjudicate Traffic Infractions;" and "' l I BE IT FURTHER RESOLVED: That is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a completed Home Rule Request Forth to the New York State Legislature as follow: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Ig Rule Request Form, to Senator Mark Grisanti, 902 Legislative Office Building, Albany, N 1 24 Michael J. oCurto Delaware District Council Member Die A. SmiiTi . Common Council Majority Leader Masten District Council Member _ - City Clerk's Department BUFFALO April 18, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 89 Transfer of Funds Common Council PASSED April 17, 2012 Gerald A Chwalinski City Clerk � cam: W1 BY: MR. LOCURTO Transfer of Funds That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10102001 - 412002 Common Council - Legislative Hourly $40,048 To: 10220006 — 434000 Common Council - Other Contractual Services $40,048 FOIJA 6 1 Dated April 3, 2012 Transfer of Funds LU 00 90 3av RESOLUTION By: Council Member G. Pridgen RE: Medical Corridor Resident Advisory Committee Whereas: In the past ten years; major expansions of Kaleida Health and Roswell Park Cancer Institute with greater plans with the University of Buffalo, have created a medical corridor in a community which has endured some of the greatest economic hardships that the City of Buffalo has faced; and Whereas: The property values of the community are dramatically increasing in value due to the development of the medical corridor and the new opportunities for businesses to take hold; and Whereas: Residents have voiced concerns of inconsistent information coming from developers' plans for their community as well as having no input into the actual development; and Whereas: During a Common Council Community Development meeting held on April 10, 2012, Rev. Michael Chapman, representing St. John Community Development Corporation, suggested creating a Resident Advisory Panel to evaluate perspective tenants of a new townhouse project in the. Fruit Belt area. Now Therefore Be It Resolved; That a Resident Advisory Panel consisting of volunteers be created to function as a liaison between the developers, residents and the Ellicott District Council Member; and Be It Further Resolved; That the members of the Resident Advisory Panel be elected annually from each street within the region bounded by Best Street, Main Street, Cherry Street, and Jefferson Avenue; and Be It Finally Resolved; That the Ellicott District will hold annual elections and if a street fails to elect a volunteer, the Council Member will appoint a resident of such street. Darius G. Pridgen Ellicott District Council Member ADOPTED � I 00 9i 3n \ Resolution Sponsored by: Darius G. Pridgen Subject: NEW COUNCIL MEMBER ORIENTATION PROCESS WHEREAS, In an effort to familiarize new Council Members and their staff with the duties and responsibilities associated with a Common Council District, a formal orientation process will be conducted by the Common Council Majority Leaders to all newly seated Council Members and 'respective staff; and WHEREAS, The orientation process for all newly seated Council Members and staff will begin no later than seven (7) business days of being sworn into office; and WHEREAS, Orientation will include, but not limited to the following items: ➢ Briefing from Council President and the City Clerk ➢ Council Procedures and Rules ➢ Council Structure ➢ Legal Issues ➢ Discretionary Spending ➢ 311 System ➢ MIS Briefing ➢ Council Staff and City Clerk's Office Functions ➢ Human Resource Information NOW, THEREFORE, BE IT RESOLVED, that an amendment be included in the Common Council Rules of Order to include the formal orientation process for each newly seated Council Members and staff; and BE IT FURTHER RESOLVED, that the Common Council Chief of Staff and City Clerk prepare an orientation manual to be distributed to all newly seated Council Members and respective staff members; and BE IT FINALLY RESOLVED, that copies of this resolution be sent to the Law Department, City Clerk, and Common Council Chief of Staff. J� Darius G. Pridgen Ellicott District Council Member AMP rD City Clerk's Department _. BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 92 PASSED April 17, 2012 Waive Tote Fees for Family Fishing Day Gerald A Chwalinski City Clerk `: � APO 3 0 2012 ®0 92 RESOLUTION By: Mr. Rivera Re: Waive Tote Fees for Family Fishing Day Whereas: . Family Fishing Day started out in 2008 as a way to teach kids about fishing; and Whereas: Sponsored by the Buffalo United Front, Family Fishing Day has grown from the 50 attendees in 2008. This year over 800 participants are expected to attend the event, which features fishing, games and a picnic; and Whereas: The mission of the Buffalo United Front is to reduce incidences of youth violence while giving them exposure to positive experiences in our community; and Whereas: Family Fishing Day will take place on June 23 and June 24, 2012 at Broderick Park; and Whereas: The Buffalo United Front has requested waiver of the fee for 10 garbage totes from the City of Buffalo; Now, Therefore Be It Resolved: That the Common Council hereby directs the Department Public Works, Parks and Street to waive all tote fees for Family Fishing Day at Broderick Park on June 23 and 24, 2012; and Be It Further Resolved: That the City Clerk is directed to send certified copies of this resolution to the Department of Public Works, Parks and Streets and to the Buffalo United Front. PASSED, David A. Rivera 30- City Clerk's Department BUFFALO April 20, 2012 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 93 PASSED April 17, 2012 Budget and Personnel Amendment — Audit and Control Gerald A Chwalinski City Clerk Riffij-11 i I APA 302012 BY: Ms. RUSSELL 00 9 3 BUDGET AND PERSONNEL AMENDMENT 04— AUDIT & CONTROL 1041- COMPTROLLER The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 — Audit & ControI, 1041 - Comptroller, which currently reads: Executive Assistant to the Comptroller $ 77,664 Special Assistant to the Comptroller $ 63,676 Is hereby amended to read: Executive Assistant to the Comptroller $ 63,676 Special Assistant to the Comptroller . $ 60,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above- mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the position set forth in the foregoing ordinance. B N W. BRO aO R APPROVED AS TO FORM ��jj �/�� Corporati n Counsel 0 /03/2012 0 MARK J.F. SCHROEIYER COMPTROLLER DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE =9 p GOLON B LOCURTf PRMGEN . RUSSELL # SNnH I G 314- 7 ®n 94 By: Majority Leader Demone Smith RE: Appoint South District Councilmember Whereas: Section 3 of the Charter of the City of Buffalo authorizes the Common Council to fill a vacancy in the office of District Councilmember by appointment of a qualified resident of the same political party and district as the district Councilmember whose place is vacant; and Whereas: A vacancy exists in the office of South District Councilmember; and Whereas; qualified candidates shall be interviewed by the Common Council during a special session in pursuant to Section 3.9 of the Charter of the City of Buffalo upon the written request of five Councilmembers. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo appoints to the South District Councilmember seat. REFERRED TO THE COMMITTEE ON LEGISLATION. Masten District Councilmember DO 95 BY: DEMONE A SMITH Appointments Commissioner of Deeds )C�) 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: • Joel Feroleto • Theresa Neish TOTAL: 2 ADOPTED 00 9f i 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. Reitular Committees Committee on Civil Service Tuesday, April 24, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 24, 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, April 24, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 24, 2012 at 2:00 o'clock P.M. Special Committees (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 up whereby the City Clerk's Office is not made aware unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. 00 97 O on Adjournment On a motion by Mr. Fontana, Seconded by Mr. I£is, the Council adjourned at 40 r GERALD CHWALINSKI CITY CLERK April 17, 2012