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13-0305
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO MARCH 5, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on February 19, 2013 were approved. FONTANA FRANCZYK GOLOMBEK # *AYE* NO * * * * * * * * 03 os March 5, 2013 m FROM THE MAYOR March 5, 2013 J u7�Ilia WIN March March S, 2013 FROM THE CITY PLANNING BOARD March 5, 2013 0000 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Grace House Lodging Phase II Location: 2017 Bailey Avenue Type of Action: Unlisted - Coordinated Description: Creative Structures Services on behalf of Saving Grace Ministries is proposing the construction of an eight unit apartment building located at 2017 Bailey Avenue, Buffalo New York. The proposed building is a two story, 4000 Sq. Ft. — 8 unit apartment building to be built on a vacant lot purchased from the city of Buffalo. The parking for this site will be located on 222 Doat Street a separate site near the new development. The current owner has agreed to proposed parking arrangements. The construction cost is approximately $800,000 dollars and the start of construction is planned for June, 2013 with an eight month duration. A community meeting is scheduled with all the residents within 400' as well as the councilmember being notified or the project recently. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not constitute an action significantly affecting 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 development will provide a well - manicured, neat and clean housing opportunity that will have a positive effect on the community. 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. These are primarily short-term construction related impacts. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated: February 26, 2013 CC: City of Buffalo Permit Office Dept, of Public Works, City of Buffalo City Clerk Buffalo Urban Renewal Agency RECEIVED AND FILED ............. QQQ�� SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to ?art 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 14242 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dollar General Location: 1610, 1614, 1616, & 1618 Main Street Type of Action: coordinated- unlisted Description: DiDonato Engineers & Design Professionals on behalf of Dollar General is proposing the construction of a new retail store located at 1610, 1614, 1616, & 1618 Main Street Buffalo New York. The proposed structure will be a 9100 sq. ft. retail store. The parking required for the proposed site is 30 spaces; the site plan depicts 31 spaces with two of the. spaces designated for handicap use, The zoning of this site is CM, General Commercial District that would allow for retail use. The construction of this store will deviate from their standard design in that instead of stamped metal panels, the store will be constructed using decorative split face CMU and include windows (some faux) on ail elevations except the rear. The building will be built to the front property line with a front corner entrance, bike rack and parking. New landscaping and fencing will meet the city requirements. This project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will benefit the community in that it will provide anew store that will be beneficial to the surrounding community as well as un- improved lots that have been vacant for over 30 years There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact, Marty Grunzweig, Land use Controls Coordinator Doom 901 City Hall, Buffalo New York 14202 — 796 851 -5086 Dated: February 12 2013 CC: City Clerk City of Buffalo Public Works, Parks, Strects Department City of Buffalo Economic Development, Permits and inspection Buffalo Sewer Authority DiDonato Associates RECEIVED AND FLEO 0000 SEQRA Notice of Determination Non significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article a (SEAR — State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14242 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Riverbend Shoreline Ecological Restoration Phase I Location: 1176 South Park Avenue Type of Action: Unlisted - Coordinated Description: Niagara Riverkeeper is proposing the shoreline restoration on the Buffalo River located at 1176 South Park Avenue Buffalo New York. This is Phase I of a two phase effort to restore the bank area of the Buffalo River on or near 1176 South Park Avenue, Buffalo New York. Phase I is located on the south east bank of the river just upstream of the City of Buffalo property associated with the South Park Avenue Bridge upstream to the edge of the Conrail railroad right of way. The project site has a long history of heavy industrial activity in the form of steel making and is located within the greater South Buffalo Brownfield Opportunity Area, (BOA). The former steelmaking facilities have been removed and the site remediated, but ecological function and habitat of the site are impaired by a high density of invasive plant species, low vegetative diversity, poor soils comprised largely of deposited slag and debris, little to no active hydrologic connection to the Buffalo river, and limited recreational activities. The over- arching purpose of the project is to contribute to the delisting of the Buffalo River as an Intemational Joint_ commission Area of Concern (AOC) by addressing beneficial use impairment (BUI) # 14 — Loss of Fish and Wildlife Habitat. The completion of this phase will contribute to the de- listing goal through the control and management of invasive plant species, re- establishment of a more natural grade to the shoreline in targeted location, and the installation of a more natural grade to the shoreline in targeted locations, and the installation of native plants and mixes. The Riverbend site was identified as a priority area for shoreline restoration as part of several planning documents, including the Buffalo Greenway Plan, the South Buffalo BOA Master plan and the Riverbend Master plan. Project design was developed to be consistent with these plans, all of which call fora zone of Public green space along the Buffalo River Shoreline. In addition to bringing the Buffalo River on step closer to delisting, completion of this project will create a natural setting for an anticipated trail network that will connect people to the waterfront, providing positive results for both the community and their environment. 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 Not constructing this project will mean the Riverbend site will continue to be an obstacle to the delisting of the Buffalo river and this section of the river will remain in its deteriorated and underutiiized condition, 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 related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Marty Grunzweig Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 — 716 851 -5085 Dated _ February 12, 2013 CC: City Clerk City ofBuffaly Public Works, Parks, Streets Department City of Buffalo Economic Development, Permits and Inspection Army Corps of Engineers New York State DEC Niagara Riverkeeprs RECHIVED AND PLED I FROM THE OFFICE OF STRATEGIC PLANNING # 1 (Rev. 1193) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: February 28th, 2013 FROM: Mayor's Office of Strategic Planning DIVISION: Planning SUBJECT: Approval of Contract with Empire State Development Corporation for a Restore III Grant Award of up to $500,000 for the Commercial & Mixed -Use — Fairfield Library, Project # X110 PRIOR COUNCIL REFERENCE: Item No. 108, CCP, Mar. 31, 2009 TEXT: {TYPE SINGLE SPACE BELOW] The City of Buffalo has obtained grant funding commitments from the Empire State Development Corporation for $14.32 million of Restore III awards, including $500,000 for the renovation of the former Fairfield Library, 1659 Amherst Street. Fairfield Commons, LLC, a subsidiary of Creative Structures Services, Inc., purchased the vacant building from the City in mid -2012 and CSS began renovations in October 2012. When completed in March 2013, the former vacant structure will be transformed into 1,000- square -feet of office space, two market -rate two- bedroom loft -style apartments, and three market -rate one - bedroom apartments. I am recommending that Your Honorable Body authorize the City to contract with the Empire State Development Corporation (ESDC) for the $500,000 portion of the Restore III Grant award (X110) and to contract with Creative Structures Services, Inc., or a subsidiary thereof, to receive the $500,000 as Beneficiary of the ESDC Contract with the City. The Mayor's Office of Strategic Planning is requesting that Your Honorable Body hereby: 1. ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments; 2. authorize the Mayor or his designee to execute the necessary grant funding agreements (in substantially the same form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; and authorize other City 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 receipt and utilization of the grant funding, including transfer of the grant funds to Creative Structures Services, Inc. or a subsidiary thereof, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DIVISION OR DEPARTMENT HEAD I DRAFT CAPITAL GRANT This GRANT DISBURSEMENT AGREEMENT includes all exhibits and attachments hereto and is made on the terms and by the parties listed below and relates to the Project described below: NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT ( "ESD "): 95 Perry Street, Suite 500 Buffalo, NY 14203 -3030 Contact: Jean Williams Phone: (716) 846 -8243 Fax: (716) 846 -8260 E -mail: jilliams@esd.ny.gov THE GRANTEE: City of Buffalo Buffalo Urban Renewal Agency 913 City Hall Buffalo, NY 14202 -3376 Contact: Michael Breen, Communications Manager Phone: (716) 851 -5468 Fax: (716) 842 -6942 E -mail: mbreen @city- buffalo.com Federal Taxpayer ID #: 16- 6002533 BENEFICIARY: Creative Structure Services, Inc. 700 Parkside Avenue Buffalo, NY 14216 Contact: David E. Pawlik Phone: (716) 882 -1226 Fax: (716) 882 -1227 Email: dayidp @cssconstruction.biz PROJECT NAME: Buffalo - RESTORE III - Fairfield Library PROJECT LOCATION: 1659 Amherst Street, Buffalo PROJECT NUMBER: X110 GRANT AMOUNT: $500,000 FUNDING SOURCE: Restore NY Communities, FY 2006 -07 ESD APPROVAL DATE: January 17, 2013 PACB APPROVAL DATE: PACB approval to be obtained prior to the execution of the Grant Disbursement Agreement P EXPIRATION DATE: December 31, 2018 DRAFT TERMS AND CONDITIONS 1. The Proiect The Grantee shall: (a) complete the project as set forth in the ESD General Project Plan attached hereto as Exhibit A (the "Project"). (b) comply with the design and construction requirements attached hereto as Exhibit B. 2. Employment Goals & Reporting (a) The Grantee represents and warrants that it currently employs not less than the Baseline Employment (as hereinafter defined) set forth in Exhibit C to this Agreement and that it shall (i) achieve the employment goals as set forth in Exhibit C by retaining existing or hiring new Full -time Permanent Employees or (ii) repay a portion of the Grant as set forth in Exhibit C. (b) For purposes of this Agreement, a Full -time Permanent Employee shall mean (i) a full -time, permanent, private- sector employee on the Grantee's payroll, who has worked at the Project Location for a minimum of thirty -five hours per week for not less than four consecutive weeks and who is entitled to receive the usual and customary fringe benefits extended by Grantee to other employees with comparable rank and duties; or (ii) two part -time, permanent, private - sector employees on Grantee's payroll, who have worked at the Project Location for a combined minimum of thirty -five hours per week for not less than four consecutive weeks and who are entitled to receive the usual and customary fringe benefits extended by Grantee to other employees with comparable rank and duties. Baseline Employment shall mean the number of Full -time Permanent Employees set forth in Exhibit C. (c) Grantee shall submit, by February 1 of each year during the term of this Agreement, the Employment Reporting Form attached hereto as Exhibit H, indicating the average number of Grantee's Full -time Permanent Employees for the 12 month period ending as of December 31 of the prior year. Full -time Permanent Employee Count, for each calendar year during the term of this Agreement, shall mean the greater of (i) the average number of Full -time Permanent Employees for the prior calendar year, computed by adding the number of Full -time Permanent Employees as of the Grantee's last payroll date in the months of March, June, September and December and dividing that sum by 4, or (ii) the number of Full -time Permanent Employees as of the Grantee's last payroll date in December of such year. ,1 ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 2 DRAFT 3. Conditions Precedent to Disbursement of the Grant No grant funds shall be disbursed unless the Grantee is in compliance with the Terms and Conditions of this Agreement, including, but not limited to, Exhibit E (Disbursement Terms), and the following conditions have been satisfied (and as to 3(d) and 3(e) below continue to be satisfied prior to each disbursement): (a) If the Grant Amount exceeds $100,000, or if, as described in Exhibit A, it is expected that there will be additional grants that in the aggregate exceed $100,000, ESD has received an opinion of Grantee's counsel, in substantially the form appended to this Agreement as Exhibit D. x (b) Any necessary approval has been issued by the Director of the Budget of the State of New York, and the Grant funds have been received by ESD. (c) ESD has received a commitment fee, plus out -of- pocket expenses incurred by ESD in the making of the Grant, if any, as set forth in Exhibit E. (d) There have been no materially adverse changes in the financial condition of the Grantee since the date of submission of its application to ESD. (e) The Grantee employs at least the Baseline Employment as evidenced y the Employment Reporting Form attached hereto as Exhibit H. 4. Disbursement and Recapture Terms Subject to the terms and conditions contained in this Agreement, ESD shall disburse the Grant to the Grantee as follows: (a) ESD shall reimburse the Grantee for Project expenditures incurred by the Grantee as set forth in Exhibit E to this Agreement. Disbursement's will be made upon submittal to ESD of a Payment Requisition Form, together with such supporting documentation as ESD may require,--in tt . e form attached to this Agreement as Exhibit F and its attachments, anc�Exhibit W. ��11 (b) In no event will ESD make any payment which would cause ESD's aggregate disbursements to exceed the Grant Amount. (c) The Grant, or a portion thereof, may be subject to recapture by ESD as provided in Exhibit C. ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 3 DRAFT 5. Non Discrimination and Contractor & Supplier Diversit The Grantee will comply with ESD's Non - Discrimination and Contractor & Supplier Diversity policies set forth in Exhibit G to this Agreement. 6. No Liability of ESD ESD shall not in any event whatsoever be liable for any injury or damage, cost or expense of any nature whatsoever that occurs as a result of or in any way in connection with the Project and the Grantee hereby agrees to indemnify and hold harmless ESD, the State and their respective agents, officers, employees and directors (collectively, the "Indemnitees ") from and against any and all such liability other than that caused by the gross negligence or the willful misconduct of the Indemnitees. 7. Representations, Warranties and Covenants The Grantee represents, warrants and covenants that: (a) It has full power and authority to execute and deliver this Agreement and to perform its obligations hereunder. (b) This Agreement was duly authorized, executed and delivered by the Grantee and is binding and enforceable against the Grantee in accordance with its terms. (c) it is a duly organized corporation, validly existing and in good standing under the laws of the State of its incorporation, has the corporate power and authority to own its assets and to transact the business in which it is now engaged or proposed to be engaged and is duly qualified as a foreign corporation and in good standing under the laws of each other jurisdiction in which such qualification is required and shall maintain its corporate existence in good standing in each such jurisdiction. (d) There are no actions, suits or proceedings or, to the knowledge of Grantee, threatened against, or affecting Grantee before any court, governmental entity or arbitrator, which may, in any one case or in the aggregate, materially adversely affect the financial condition, operations, properties or business of the Grantee, except as may have been disclosed in writing to ESD. (e) Grantee is in compliance and shall continue to comply in all material respects with all material applicable laws, rules, regulations and orders. (f) The information contained in the application submitted by the Grantee in connection with the project and the Grant, as such application may have been amended or supplemented (the "Application "), is incorporated herein by reference in its entirety. In the event of an inconsistency between the descriptions, conditions, and terms of this Agreement and those contained in the Application, the provisions of this Agreement shall govern. The Grantee hereby acknowledges that ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 4 DRAFT, ESD has relied on the statements and representations made by the Grantee in the Application in making the Grant. The Grantee hereby represents and warrants that it has made no material misstatement or omission of fact in the Application or otherwise in connection with the Grant and, except as otherwise disclosed in writing to ESD, there has been no adverse material change in the financial condition of Grantee from the date of submission of the Application to the date hereof and that all other the information contained in the Application continues on the date hereof to be materially correct and complete. (g) The Grantee covenants that it will neither hold itself out as, nor claim to be an officer, employee, agent or representative of ESD or the State by reason hereof, and that it will not by reason thereof, make any claim, demand or application for any right or privilege applicable to an officer, employee, agent or representative of ESD or the State, including without limitation, worker's compensation coverage, unemployment insurance benefits, social security coverage or 'retirement membership or credit. (h) Neither. the Grantee nor any of the members of its Board of Directors or other governing body or its employees have given anything of value to influence any official act or the judgment of any person in the award of the Grant or the performance of any of the terms of this Agreement. I� (i) It shall maintain business operations at the Project Location for the term of this U Agreement. (j) The Grant shall be used solely for Project expenses in accordance with the terms and conditions of this Agreement. (k) The Grantee is solely responsible and has sufficient funding for all Project costs in excess of the Grant. (1) Grantee will use ESD grant funds, and submit payment requisitions, exclusively for eligible expenses related to capital works or purposes in accordance with IRS rules and regulations relating to ESD's bonds and in accordance with the New York Debt Reform Act. Grantee acknowledges that grant funds must be used solely for authorized capital purposes and not for operating expenses or other working capital items or non - capital purposes, irrespective of whether the funds are still used for the benefit of the Project. Grantee acknowledges that the consequences of breaching this covenant could result in violations of state law and /or large bond issuances being treated as taxable instead of tax exempt for federal and state tax purposes, loss of certain federal subsidies to the state, adverse ratings changes for such bonds, and disproportionate negative financial consequences to the state and bondholders. Grantee recognizes its financial obligations, risks and liabilities for breach of this covenant. ESD may, from time to time, request information from 1 ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 5 DRAFT Grantee to confirm its compliance with this covenant and Grantee acknowledges its obligation under Section 8 (a) (ii) of the GDA to provide information upon request to ESD. 8. Default and Remedies (a) Each of the following shall constitute a default by the Grantee under this Agreement: (i) Failure to perform or observe any obligation or covenant of the Grantee contained herein, other than an employment default as set forth in (iv) below, to the reasonable satisfaction of ESD and within the time frames established under this Agreement. (ii) Failure to comply with any request for information reasonably made by ESD to determine compliance by the Grantee with the terms of this Agreement or otherwise reasonably requested by ESD in connection with the Grant. (iii) The making by the Grantee of any false statement or the omission by the Grantee to state any material fact in or in connection with this Agreement or the Grant. A -� (iv) Failure of the Grantee, for any time period, to meet the minimum employment goals required by Exhibit C. (v) A default beyond any applicable grace period by the Grantee, or any entity which Grantee directly or indirectly controls, is controlled by, or is under common control with, under any other agreement with ESD. (vi)Any manifestation, on the part of the Grantee, of an intention either: (x) to terminate and /or (y) to restructure, under the terms of any bankruptcy or insolvency statute or law, its business at the Project Location. This includes, without limitation, the announced or actual cessation of business activities at the Project Location, the initiation of proceedings under any dissolution statute, or the execution of an assignment for the benefit of creditors, or the solicitation of any composition and /or arrangement with creditors, or the issuance of "closing" or "termination" notices to employees under any state or federal statute, or the filing of any voluntary petition under any chapter of the United States Bankruptcy Code, or the failure by the Grantee to obtain the dismissal, within sixty (60) days of filing, of any involuntary proceeding brought under any chapter of the United States Bankruptcy Code. (vii) If the number of the Grantee's Full -Time Permanent Employees, as that term is defined in this Agreement, that are situated at the Project Location as of the Grantee's last payroll date on or prior to the end of any quarter (with the quarters being those the quarterly dates of March 31, June 30, ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 6 DRAFT September 30 and December 31, as set forth in the Report of Employment that is annexed as Exhibit H to this Agreement) is less than fifty percent (50 %) of the number of Full Time - Permanent Employees, situated at the Project Location, required in accordance with the Employment Goals that are to be achieved as of the next Reporting Date, as specified in Exhibit C. (b) Upon the serving of notice to the Grantee of the occurrence of a default (which notice shall specify the nature of the default), ESD shall have the right to terminate this Agreement, provided however, that if the default is pursuant to paragraph 8(a)(1) or 8(a)(ii), no default shall be deemed to have occurred if Grantee cures such default within ten (10) days of notice of default from ESD, or if the default pursuant to paragraph 8(a)(i) or 8(a)(ii) cannot be reasonably cured within such ten day period, Grantee commences to cure such default within the ten day cure period and cures the default within ninety (90) days thereafter, provided further that ESD shall not be obligated to make any disbursements during any such cure period. Defaults occurring under the terms and provisions of paragraph 8(a)(iii), 8(a)(iv), 8(a)(v), 8(a)(vi) and 8(a)(viii)) are not subject to the cure provisions provided herein. (c) Upon termination of this Agreement, ESD may (i) withhold any Grant proceeds not yet disbursed and (ii) require repayment of Grant proceeds disbursed to the Grantee in accordance with Exhibit C of this Agreement. Notwithstanding the foregoing, if ESD determines that any Grant proceeds had previously been released based upon fraudulent representations or other willful misconduct, ESD may require repayment of all funds and may refer the matter to the appropriate authorities for prosecution. ESD shall be entitled to exercise any other rights and seek any other remedies provided by law. 9. Terre The term of this Agreement shall commence on the date hereof and expire on the Expiration Date, as set forth on the first page of this Agreement. 10. Books and Records; Project Audit (a) The Grantee will maintain accurate books and records concerning the project for the term of this Agreement and for three (3) years from the expiration or earlier termination of this Agreement and will make those books and records available to ESD, its agents, officers and employees during Grantee's business hours upon reasonable request. (b) ESD shall have the right, upon reasonable notice, to conduct, or cause to be conducted, one or more audits, including field inspections, of the Grantee to assure that the Grantee is in compliance with this Agreement. This right to audit shall continue for three (3) years following the expiration or earlier termination of this Agreement. ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions -- Page 7 DRAFT 11. Survival of Provisions It is agreed that: (a) the provisions of Sections 6, 7(g), (j) and (1) and 8, 10, 12, 13,14, 15, 16, 19 and 20 (except insofar as any of the aforesaid Sections have been waived in accordance with the terms of Exhibit I to this Agreement) shall survive the expiration or early termination of this Agreement; and (b) such expiration or early termination shall not serve to limit, alter or modify any of the Grantee's obligations or responsibilities under the aforesaid Sections, and /or ESD's rights under such Sections, referenced in subsection (a) of this Section 11 of this Agreement. It is further agreed, moreover, that notwithstanding the expiration or early termination of this Agreement, ESD shall nevertheless retain the right to pursue, through and until the expiration of any applicable period of limitations established under the statutory or common law of the State of New York, any claim or claims arising from any Section of this Agreement, including but not limited to the above referenced Sections 6, 7(g),(j) and (1) and 8, 1d, 12, 13,14, 15, 16, 19 and 20 of this Agreement, and the expiration or early termination of this Agreement shall not constitute a defense to any such timely filed claim or cause of action that is asserted on ESD's behalf. 12. Notices (a) All notices, demands, requests or other communications permitted or required hereunder shall be in writing and shall be transmitted either: (i) via certified or registered United States mail, return receipt requested; (ii) by facsimile transmission; (iii) by personal delivery; (iv) by expedited delivery service; or (v) by e-mail. Such notices shall be addressed as follows or to such different addresses as the parties may from time -to -time designate: Empire State Development Name: Ms. Jean Williams Title: Project Manager Address: 95 Perry Street, Suite 500, Buffalo, NY 14203 -3030 Telephone Number: (716) 846 -8243 Facsimile Number: (716) 846 -8260 E -Mail Address: iwiillams@esd.ny.gov With a copy to: Title: General Counsel Address: 633 Third Avenue, 34 Floor, New York, NY 10017 Telephone Number: (212) 803 -3750 Facsimile Number: (212) 803 -3975 X ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 8 DRAFT Citv of Buffalo Name: Mr. Michael Breen Title: Communications Manager, Buffalo Urban Renewal Agency Address: 913 City Wall, Buffalo, NY 14202 -3376 Telephone Number: (716) 851 -5468 Facsimile Number: (716) 842 -6942 E -Mail Address: mbreen @city- buff_alo.com (b) 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 mailing to the address provided herein, or in the case of facsimile transmission or email, upon receipt of a record, by the sender, that such a transmission has been completed. (c) 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 in writing by the parties for purposes of implementation and administration /billing, resolving issues and problems and /or for dispute resolution. 13. No Assignment The Grantee may not assign or transfer this Agreement or any of its rights hereunder. 14. No Waiver No waiver of any ESD's rights arising under this Agreement, or any other source, can occur unless such waiver shall be in writing and signed by ESD and such written document manifests a clear and unequivocal intent by ESD to waive its contractual or other legal rights. The term "waiver" as used herein is a term of art as used in the legal profession. ESD may not be estopped from asserting any of its legal rights, including but not limited to its rights under this agreement, unless ESD has signed a written document that clearly and unequivocally states that the other party may detrimentally rely upon the terms of such written document. Absent such written document, there shall be no estoppel against ESD and the other parties' alleged detrimental reliance shall be deemed to be unreasonable. The term "estoppel" is used herein is a term of art as used in the legal profession. 15. Modification This Agreement may be modified only by a written instrument executed by the party against whom enforcement of such modification is sought. � ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 9 DRAFT 16. Governing Law a This Agreement shall be governed by and construed in accordance with the laws of the - State of New York. This Agreement shall be construed without the aid of any presumption or other rule of law regarding construction against the party drafting this Agreement or any part of it. In case any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision(s) had never been contained herein. In the event of a conflict between the Directors' materials attached hereto as Exhibit A and any other term or condition of this Agreement, then the term or condition of this Agreement shall govern. 17. Confidentiality of Information Information contained in reports made to ESD or otherwise obtained by ESD relating to trade secrets, operations and commercial or financial information, including but not limited to the nature, amount or source of income, profits, losses, financial condition, marketing plans, manufacturing processes, production costs, productivity rates, or customer lists, provided that such information is clearly marked "Confidential" by the Grantee, will be kept confidential by ESD, to the extent such information is determined by ESD to be exempt from public disclosure under the Freedom of Information Law and not otherwise required by law to be disclosed. Notwithstanding the foregoing, ESD will not be liable for any information disclosed, in ESD's sole discretion, pursuant to the Freedom of Information Law or other applicable law, or which ESD is required to disclose pursuant to legal process. 18. Special Provisions The Grantee shall comply with the special provisions, if any, set forth in Exhibit I. 19 Litigation Costs The Grantee shall pay, in any action or proceeding that is commenced to enforce and /or involves the enforcement of the terms and conditions of this Agreement, all of ESD's costs including, without limitation, ESD's attorneys' fees. The Grantee shall also pay any and all of ESD's collection costs including, without limitation, its attorneys' fees. 20. Waiver The Grantee knowingly and expressly waives the right to a trial by jury and the right to interpose any counterclaims in any action brought by ESD under the terms of this Agreement. N ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 10 DRAFT This agreement is entered into as of the latest date written below: NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION (Signature) Susan Shaffer, Vice President, Loans and Grants (date) City of Buffalo DRAFT: do not sign this version (Signature) (Printed name and title) (date) Rev. 05/31/2012 ESD RESTORE Capital Grant Disbursement Agreement Terms & Conditions — Page 11 EXHIBITA EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT F -1 EXHIBIT F -2, F -2A EXHIBIT G EXHIBIT G -1 EXHIBIT G -2 EXHIBIT G -3 EXHIBIT G -4 EXH I BIT G -5 EXHIBIT G -6 EXHIBIT H EXHIBIT I EXHIBIT 1 -1 DRAFT ESQ CAPITAL GRANT DISBURSEMENT AGREEMENT EXHIBITS General Project Plan Construction Requirements Recapture Terms Opinion of Counsel Disbursement Terms Payment Requisition Form Financial Condition Documentation Project Cost & Completion Documentation Non - Discrimination and Contractor & Supplier Diversity — Requirements and Procedures M /WBE Participation / Equal Opportunity Policy Statement Staffing Plan Workforce Employment Utilization Report M /WBE Utilization Plan Waiver Request Form M /WBE Contractor Compliance and Payment Report Employment Reporting Form Special Provisions Letter of Understanding DRAFT EXHIBIT A: GENERAL PROJECT PLAN 0� See Materials Attached � A. Buffalo — RESTORE III — Fairfield Library (X110) January 17, 2013 General Project Plan Grantee: City of Buffalo ( "Buffalo" or the "City ") Beneficiary: Creative Structures Services, Inc. ( "CSS ") ESD Investment: A grant of up to $500,000 to be used for a portion of renovation costs. Project Location: 1659 Amherst Street, Buffalo, Erie County Proposed Project: Renovation of the former Fairfield Library (the "Library ") into a mixed - use office and residential space. Project Type: Rehabilitation of a vacant property to revitalize a City neighborhood. Regional Council: The WNY Regional Council has been made aware of this item. The project predates the Regional Council Initiative. The project is consistent with the Regional Plan as it implements smart growth by investing in inner -city neighborhoods. Background: Grantee History —The City, incorporated in 1832, is located in Erie County in Western New York. It's approximately 41 square miles in area and has a current population of about 280,000 people. At the turn of the twentieth century, Buffalo was the eighth most populous city and hosted the fifth largest economy in the United States. The City, which is located at the western terminus of the Erie Barge Canal, became known as the "Queen City" of the Great Lakes. It developed as a major transportation hub and contained a vibrant industrial base, which produced innovations in energy, chemicals and aeronautics. Today, as a result of shifts in transportation trends and a decline of its industrial base, Buffalo is one of the poorest of the largest 100 cities in the United States based on household income, unemployment and the percentage of population on public assistance. In the 1990s, more jobs were lost in Buffalo than in any other urban community of comparable size in the country. The City has lost over 50% of its population since the 1950s. The current poverty rate in the City is 27 %. Buffalo is also ranked as one of the top five cities based on the number of vacant housing units, which currently involves over 22,000 properties. In January 2006, the City adopted a Comprehensive Plan (the "Plan "), which addressed the revitalization of the City's neighborhoods. The Plan, consisting of five Strategic Investment Areas in the City, includes the demolition and /or redevelopment of blighted properties to enable Buffalo to use these spaces for housing development, commercial development and N `k A. Buffalo — RESTORE III — Fairfield Library (X110) January 17, 2013 land banking for future use. Beneficiary History — CSS, established in 2008, is a general contractor and construction /development industry consulting company for single and multi - family' residential and commercial projects. CSS has a proven history in the renovation of blighted properties including the transformation of a former vacant church into twelve market -rate apartments and 3,000- square -foot of office space and a former Buffalo fire station into 7,000- square -foot of corporate office space. CSS also developed, constructed, and owns four Dollar General retail stores and is involved in several multi -unit housing projects including a 30 -new family townhouse rental units for True Community Development Corp & Belmont Housing Resources for WNY; construction of a new 110 -unit senior market -rate complex and rehabilitation of an existing 100 -unit senior complex for Brothers of Mercy; and the construction of 50 -new housing units for True Bethel Senior Residence. ESD Involvement —The City received a $14.32 million RESTORE NY III award, including $7,635,526 for the demolition and site clearing of up to 472 single- family homes and five commercial structures and $6,684,474 for the rehabilitation of up to 13 existing residential and mixed -use structures, including this request for $500,000. Restore NY III funding will further the City's on -going strategy to build and sustain healthy neighborhoods by leveraging a variety of public and private resources. Past ESD Support — • A $3 million RESTORE NY I grant to the City on March 15, 2007 for assistance with the demolition and site clearing of at least 208 single - family homes and one commercial property; • A $5,072,000 RESTORE NY II grant on April 17, 2008 for assistance with the demolition and site clearing of up to 725 single- family homes; • A $4,500,000 RESTORE NY II grant on July 17, 2008 for assistance with interior and exterior building renovations to the former Trico Building on the Buffalo Niagara Medical Campus. The City is in compliance with the terms of all of the above - listed RESTORE NY grants; • A $2 million RESTORE NY III grant on December 18, 2009 for the renovation of the former Thaddeus J. Dulski Federal Office Building into a mixed -use facility; • A $1.35 million RESTORE NY III grant on February 18, 2010 for the renovation of the Curtiss Building into a boutique hotel; • A $7,635,526 RESTORE NY III grant on November 18, 2010 for assistance with the demolition and site clearing of up to 446 residential structures and the partial demolition and stabilization of one commercial structure; and • A $763,576 RESTORE NY III grant on June 28, 2011 to assist the Jeremiah Partnership neighborhood development initiative. 2 I A. Buffalo — RESTORE III — Fairfield Library (X110) January 17, 2013 ■ A $320,000 RESTORE NY III grant on November 15, 2012 to assist People for Sustainable Housing rehabilitate two vacant structures and the construction of one new structure to allow for five -units of affordable living spaces. Additional requests for RESTORE NY III funding will be brought before the Directors at a later date. The Project: Completion — February 2013 Activity — The $1.517 million project involves acquisition of the 6,000- square -foot former Library; environmental remediation; structural, mechanical and electrical repairs and upgrades including partial demolition, masonry repairs, handicap lift installation, roofing replacement; repaving of the existing parking lot with an expansion of 6 parking spots; site work, signage and landscaping; and soft costs. The Library, which had been vacant since 2005 following its closure due to City budgetary constraints, was in a state of disrepair, had significant mold growth due to climate exposure, and required asbestos and lead abatement. Although the Library had deteriorated, it still had many historic aspects that could be salvaged. CSS worked with the New York State Office of Parks, Recreation and Historic Preservation ( "SHPO ") in an effort to retain original windows, decorative interior and exterior cornices, exterior wood shingle siding, doors and frames, and interior railings. SHPO's requirement to maintain the interior, intricate cornices proved to be both a design and financial challenge. The interior cornices ran the length of the open - design library, but as the project involved the construction of interior walls, additional design and construction costs were required to incorporate the intact cornices into a multi -unit building. When complete, the former vacant structure will be transformed into 1,000- square -feet of office space; two market -rate two- bedroom loft -style apartments and three market -rate one - bedroom apartments with monthly rental rates ranging from $675 to $1,000. The residential units will include energy -star appliances; high -end cabinetry, counters and fixtures; ceramic tile and hardwood flooring; and spacious floor plans. The basement level will include energy -star laundry machines and individualized tenant storage. The Beneficiary is currently negotiating with a prospective tenant for the office space and has several interested parties in the residential units. Fairfield Commons, LLC, a subsidiary of CSS, purchased the Library from the City in mid - 2012; renovations began in October 2012. CSS is managing the project. 3 A. Buffalo — RESTORE III — Fairfield Library (X110) January 17, 2013 Results —The project will preserve an historic and architecturally unique vacant building constructed in 1897, while creating residential and office space. Additionally, neighborhood homeowners will be encouraged to invest in their properties, increasing neighborhood housing values, reducing blight and laying the foundation for market stability and improved quality of life. Restore NY funds are critical to the success of this project. Financing Uses Amount Financing Sources Amount Percent Real Estate $77,000 ESD Grant $500,000 33% Acquisition Pre - Construction & 210,080 Northwest Savings Bank Soft Costs Loan* 952,000 63% Sitework, Signage & Landscaping 55,000 Grantee Equity ** 65,000 4% Construction Costs 1,049,920 Environmental Remediation 40,0O0 r Developers Fee 45,000 Bank Costs 40,000 Total Project Costs $1,517,000 Total Project Financing $1,517,000 100% *4.5 % /15yr (amortized over 25yrs) /1 on RE * *Source of equity is from the building's owner. Grantee Contact: Michael Breen, Communications Manager Buffalo Urban Renewal Agency 913 City Hall Buffalo, NY 14202 -3376 Phone: (716) 851 -5468 Fax: (716) 842 -6942 Beneficiary Contact: David E. Pawlik 700 Parkside Avenue Buffalo, NY 14216 Phone: (716) 882 -1226 Fax: (716) 882 -1227 Project Team: Project Management Jean Williams Contractor & Supplier Diversity Vikas Gera Design & Construction Dennis Conroy Environmental Soo Kang 4 l i� A. Buffalo — RESTORE ill — Fairfield Library (X110) January 17, 2013 Financial Terms and Conditions: 1. Upon execution of the grant disbursement agreement, the City will reimburse ESD for all out -of- pocket expenses incurred in connection with the project. 2. The City will be obligated to advise ESD of any materially adverse changes in its financial condition prior to disbursement. 3. The City will ensure the contribution of at least a 10% match of the grant amount to the Project. 4. Up to $500 ,000 will be disbursed to Grantee upon completion of the project substantially as described in these materials as evidenced by a Certificate of Occupancy and documentation of project costs totaling $1.517 million assuming that all project approvals have been completed and funds are available. Payment will be made upon presentation to ESD of an invoice and such other documentation as ESD may reasonably require. Expenditures must be incurred on or after May 4, 2009 to be considered reimbursable project costs. Previously expended funds may be applied toward match requirements retroactive to June 23, 2006, when the Restore New York Legislation was enacted. 5. ESD may reallocate the project funds to another form of assistance, at an amount no greater than $500,000, for this project if ESD determines that the reallocation of the assistance would better serve the needs of the City and the State of New York. In no event shall the total amount of any assistance to be so reallocated exceed the total amount of assistance approved by the Directors. 6. If the Grantee is not the owner of the Project, then the Grantee shall prohibit, for five years from the date of the initial disbursement of Grant funds, any transfer of the Project in whole or in part, by sale, lease, or conveyance of any interest in or with respect to the Project except (a) transfers of minor interests in the Project site, such as utility easements and limited rights -of -way, and (b)(i) the arms - length basis sale or lease of individual condominium units in the ordinary course of business for a condominium development and (ii) the arms - length basis residential or commercial lease in the ordinary course of business for a commercial, residential, or mixed -use rental development. In the event that such a prohibited transfer occurs within such five -year period, the Grantee shall pay to ESD, promptly upon ESD's written demand therefore, the applicable amount indicated below. The Recapture Amount is based on the time that has lapsed between when the Grant funds were disbursed and when the transfer occurred. The Recapture Amount shall be calculated by aggregating the Recapture Amount for each disbursement of the Grant, 5 2 A. Buffalo — RESTORE III — Fairfield Library [X110] January 17, 2013 which in each instance shall be equal to: (i) 100% of the disbursed amount if the transfer occurred in the calendar year that the disbursement was made, or in the first full calendar year after the disbursement was made; (ii) 80% of the disbursed amount if the transfer occurred in the second full calendar year after the disbursement was made; (Iii) 60% of the disbursed amount if the transfer occurred in the third full calendar year after the disbursement was made; (iv) 40% of the disbursed amount if the transfer occurred in the fourth full calendar year after the disbursement was made; (v) 20% of the disbursed amount if the transfer occurred in the fifth full calendar year after the disbursement was made. Non - Discrimination and Contractor & Supplier Diversity: Pursuant to New York State Executive Law Article 15-A, ESD recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified minority -and women -owned businesses in the performance of ESD contracts. For purposes of this Contract, however, project performance has been largely completed and the vast majority of the project funds committed to vendors. As such, MWBE participation goals cannot be established. It should be noted however that the Grantee Has confirmed that it has utilized two certified firms on this project and has achieved MWBE participation totaling $150,000 or 30% of ESD's financial contribution to this project. Design & Construction: ESD's Design and Construction ( "D &C ") staff will require a set of stamped Architectural plans, including the "Building Permit" issued by the City of Buffalo. D &C will also visit the site at its discretion during construction and upon completion of the work. The applicant will be required to submit standard AIA project "close -out" documentation prior to the release of ESD funds, including acceptable completion of D &C requirements and forms. Environmental Review: Pursuant to the requirements of the State Environmental Quality Review Act ( "SEQRA ") and the implementing regulations of the New York State Department of Environmental Conservation, ESD staff performed an uncoordinated review. This review determined the project to be an Unlisted Action, which would not have a significant effect on the environment. It is recommended that the Directors make a Determination of No Significant Effect on the Environment. Due to the building's eligibility for inclusion in the New York State and National Registers of Historic Places, ESD has confirmed that the project sponsor initiated consultation with SHPO 11 A. Buffalo —RESTORE III —Fairfield Library (](110] January 17, 2013 {pursuant to Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. ESD will ensure that consultation is completed with SHPO in accordance with a Letter of Understanding. Statutory Basis — Restore NY Communities: Land Use Improvement Project Findings The area in which the proiect is to be located is in danger-of _becoming a substandard or insanitary area and tends to impair or arrest sound growth and development of the municipality. The project involves the rehabilitation and reconstruction of a vacant building, which has been deemed by the City to arrest sound growth and development in the area. 2. The project consists of a plan or undertaking for the clearance, replanning, reconstruction and rehabilitation of such area and for recreational and other facilities incidental or appurtenant thereto. The project involves the rehabilitation of a private building in the City's neighborhood for use as new residential housing and office space, allowing for a potential increase in the local tax base. 3. The Ip an or undertaking affords maximum opportunity for participation by private enterprise, consistent with the sound needs of the municipality as a whole. T The City published a property assessment list and held a public Dearing on the project at the time of application. The City will ensure compliance with all applicable local laws and regulations. 4. The requirements of Section 10(g) of the Act are satisfied. There are no families or individuals displaced from the Project area. 7 DRAFT EXHIBIT B: CONSTRUCTION REQUIREMENTS Buffalo - RESTORE III — Fairfield Library, Project #X110 The following Unconditional Waiver and Release requirements shall be furnished to ESD for approval for work performed and materials furnished for each payment request in the form of Exhibit B -1, B -2, B-3, B -4, and B -5, as applicable. B -1 Certification of Work Performed B -2 Unconditional Waiver and Release —Architect B -3 Unconditional Waiver and Release — Engineer B -4 Unconditional Waiver and Release — Construction Manager B -5 Unconditional Waiver and Release — General Contractor DRAFT EXHIBIT B -1 CERTIFICATION OF WORK PERFORMED Please complete the table below with the names of all primary contractor architect, engineer, construction manager businesses or individuals working on this project and the total expenses incurred for this payment request. Sub - contractor information is not required. ' fl a" �f Buiiw�es s Tot�l;pen3 Architect: Engineer: General Contractor: Construction Manager: Others (please specify): TOTAL *: *Total amount should match the amount listed in Exhibits F & F-2. CERTIFICATION The information included herein is correct to the best of my knowledge and bellef. Signature: Date: Print Name and Title: Any false statement herein may cause the borrower or grantee to be in default under its grant disbursement agreement with ESD. DRAFT EXHIBIT B -2 NEW YORK STATE URBAN DEVELOPMENT CORPORATION D /B /A EMPIRE STATE DEVELOPMENT UNCONDITIONAL WAIVER AND RELEASE The undersigned (the "Architect ") has been paid and has received full payment for all services furnished by Architect and /or employees or others acting for Architect or claiming by, through or under Architect through (Date) to on the job of (Owner) located at (Job Description) Architect represents and warrants that Architect and all persons and entities acting for or claiming by, through or under Architect have fully performed and furnished all services to have been performed or furnished by Architect and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Architect does hereby release for itself and any party or entity action for Architect or claiming by, through or under Architect, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The Architect further agrees to reimburse and does hold harmless and fully indemnify ESD its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Architect or by any person or entity acting for or claiming by, through or under the Architect, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Date: ARCHITECT'S STAMP (Signature) (Company Name) Unconditional Wavier /5 -06 �y DRAFT EXHIBIT B -3 NEW YORK STATE URBAN DEVELOPMENT CORPORATION D /B /A EMPIRE STATE DEVELOPMENT UNCONDITIONAL WAIVER AND RELEASE The undersigned (the "Engineer ") has been paid and has received full payment for all services furnished by Engineer and /or employees or others acting for Engineer or claiming by, through or under Engineer through (Date) on the job of located at (Job Description) Engineer represents and warrants that Engineer and all persons and entities acting for or claiming by, through or under Engineer have fully performed and furnished all services to have been performed or furnished by Engineer and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Engineer does hereby release for itself and any party or entity action for Engineer or claiming by, through or under Engineer, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The Engineer further agrees to reimburse and does hold harmless and fully indemnify ESD its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Engineer or by any person or entity acting for or claiming by, through or under the Engineer, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above- mentioned project, contract or event. Date: ENGINEER'S STAMP to fl (Owner) (Signature) (Company Name) Unconditional Waiver /5 -06 a DRAFT EXHIBIT B -4 NEW YORK STATE URBAN DEVELOPMENT CORPORATION D /B /A EMPIRE STATE DEVELOPMENT UNCONDITIONAL WAIVER AND RELEASE The undersigned (the "Construction Manager ") has been paid and has received full payment for all labor, services, equipment or material furnished by Construction Manager and /or subcontractors, suppliers, material, men, laborers, employees or others acting for Construction Manager or claiming by, through or under Construction Manager through (Date) on the job of located at to (Owner) (Job Description) Construction Manager represents and warrants that Construction Manager and all persons and entities acting for or claiming by, through or under Construction Manager have fully performed and furnished all labor, services, equipment or material to have been performed or furnished by Construction Manager and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The Construction Manager does hereby release for itself and any party or entity action for Construction Manager or claiming by, through or under Construction Manager, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The Construction Manager further agrees to reimburse and does hold harmless and fully indemnify ESD its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the Construction Manager or by any person or entity acting for or claiming by, through or under the Construction Manager, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Date: (Signature) MOTORIZED (Company Name) Unconditional Waiver /5 -06 DRAFT EXHIBIT B -5 NEW YORK STATE URBAN DEVELOPMENT CORPORATION D /B /A EMPIRE STATE DEVELOPMENT UNCONDITIONAL WAIVER AND RELEASE The undersigned (the "General Contractor ") has been paid and has received full payment for all services furnished by General Contractor and /or employees or others acting for General Contractor or claiming by, through or under General Contractor through (Date) on the job of to (Owner) located at (Job Description) General Contractor represents and warrants that General Contractor and all persons and entities acting for or claiming by, through or under General Contractor have fully performed and furnished all services to have been performed or furnished by General Contractor and /or any such other person and that there is not now due or owing any amount of money or wages to any party or entity in connection with this job or any part thereof. The General Contractor does hereby release for itself and any party or entity action for General Contractor or claiming by, through or under General Contractor, from any mechanic's liens, stop notice, bond right or claim of any nature whatsoever that the undersigned or any such other party has or may have with respect to the above referenced job. The General Contractor further agrees to reimburse and does hold harmless and fully indemnify ESD its successors and assigns for any losses or expenses should any such claim, lien, or right to a lien be asserted by the General Contractor or by any person or entity acting for or claiming by, through or under the General Contractor, including, without implied limitation, attorney's fees incurred in the defense thereof. In addition, for and in consideration of the amounts and sums received, the undersigned hereby waives, releases and relinquishes any and all claims, rights or causes of action whatsoever arising out of or in the course of the work performed on the above - mentioned project, contract or event. Date: NOTARIZED (Signature) (Company Name) Unconditional Waiver /5 -06 DRAFT EXHIBIT C: RECAPTURE TERMS If the Grantee is not the owner of the Project, then the Grantee shall prohibit, ° for five full calendar years from the date of the initial disbursement of Grant funds (the "Restricted Period "), any transfer of the Project in whole or in part, by sale, lease, or conveyance of any interest in or with respect to the Project except (a) transfers of minor interests in the Project site, such as utility easements and limited rights -of -way, and (b)(i) the arms - length basis sale or lease of individual condominium units in the ordinary course of business for a condominium development and (ii) the arms - length basis residential or commercial lease in the ordinary course of business for a commercial, residential, or mixed -use rental development. During the Restricted Period, the Grantee shall provide to ESD annually, on or before February 1st of each full calendar year following the disbursement of the Grant, a written certification of the name, address and contact information for the owner of the Project Location(s) (verified by the Grantee by examination of the official title record for the "Project Location(s)) as of the immediately preceding January 1 and whether the ownership of the Project has changed since the date of the initial disbursement of Grant funds, and if ownership has changed, the name, address and contact information for the new owner. In the event that such a prohibited transfer occurs within such five -year period, the Grantee shall pay to ESD, promptly upon ESD's written demand therefore, the applicable amount (the "Recapture Amount ") indicated below. The Recapture Amount is based on the time that has lapsed between when the Grant funds were disbursed and when the transfer occurred. The Recapture Amount shall be calculated by aggregating the Recapture Amount for each disbursement of the Grant, which in each instance shall be equal to: (i) 100% of the disbursed amount if the transfer occurred in the calendar year that the disbursement was made, or in the first full calendar year after the disbursement was made; (ii) 80% of the disbursed amount if the transfer occurred in the second full calendar year after the disbursement was made; (iii) 60% of the disbursed amount if the transfer occurred in the third full calendar year after the disbursement was made; (iv) 40% of the disbursed amount if the transfer occurred in the fourth full calendar year after the disbursement was made; (v) 20% of the disbursed amount if the transfer occurred in the fifth full calendar year after the disbursement was made. $1 'A DRAFT EXHIBIT D: OPINION OF COUNSEL [Letterhead of Counsel to the Grantee] [Date] Empire State Development Corporation 95 Perry Street, Suite 500 Buffalo, NY 14203 -3030 Attn: Jean Williams, Project Manager Re: Buffalo - RESTORE III — Fairfield Library, Project #X110 Ladies and Gentlemen: We have acted as special counsel to the City of Buffalo, a municipality (the "Grantee "), in connection with the execution and delivery of the Grant Disbursement Agreement dated [Date of Agreement] (the "Agreement ") between New York State Urban Development Corporation d /b /a Empire State Development ( "ESD ") and the Grantee. This opinion letter is being furnished to you at our client's request pursuant to Section 3(a) of the Agreement. Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Agreement. In rendering the opinions set forth herein, we have examined originals, or copies certified or otherwise identified to our satisfaction, of such documents, corporate records and other instruments as we have deemed necessary or appropriate for the purposes of this opinion letter, including (a) the Agreement, (b) the certificate of incorporation of the Grantee and (c) the by -laws of the Grantee. We have also examined and relied upon such other matters of law, documents, certificates of public officials and representations of officers and other representatives of the Grantee as we have deemed relevant, appropriate or necessary to the rendering of our opinions. In rendering the opinions expressed below, we have assumed the legal capacity of all natural persons signing documents and that the signatures of persons signing all documents in connection with which this opinion letter is rendered are genuine, all documents submitted to us as originals or duplicate originals are authentic and all documents submitted to us as copies, whether certified or not, conform to authentic original documents. Additionally, we have assumed and relied upon the accuracy and completeness of all certificates and other statements, documents, records, financial statements and papers reviewed by us, and the accuracy and completeness of all representations, warranties, confirmations, schedules and exhibits contained in the Agreement, with respect to the factual matters set forth therein. DRAFT As to any facts material to the opinions expressed herein that we did not independently establish or verify, we have relied upon written statements and representations of -- officers and other representatives of the Grantee and of certain public officials. We have also assumed and relied upon the accuracy and completeness of all certificates and other statements, representations, documents, records, financial statements and papers reviewed by us, and the accuracy and completeness of all representations, warranties and exhibits contained in the Agreement with respect to the factual matters set forth therein. m Based upon the foregoing and subject to the assumptions, qualifications and other matters set forth herein, we are of the opinion that: 1. The Grantee is validly existing and in good standing under the laws of the State of New York and has full power and authority to execute and deliver the Agreement and to perform its obligations thereunder. 2. The Agreement has been duly authorized, executed and delivered by the Grantee and (assuming its due authorization, execution and delivery by ESD) is binding on and enforceable against the Grantee in accordance with its terms, subject to applicable bankruptcy, insolvency reorganization, arrangement, liquidation, moratorium, fraudulent conveyance or transfer and other similar laws relating to or affecting creditors' rights generally from time to time in effect and to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law), and except as rights under the Agreement to indemnity and contribution may be limited by federal or state laws. We are admitted to practice in the State of New York and we express no opinion as to any matters governed by. any laws other than the laws of the State of New York. The opinions expressed herein that are based on the laws of the State of New York are limited to the laws generally applicable in transactions of the type covered by the Agreement. This opinion letter is for the benefit solely of ESD and not for the benefit of any other person. We are opining herein only as of the date hereof and we undertake no, and disclaim any, obligation to advise you of any changes in any matter set forth herein, regardless of whether changes in such matters come to our attention after the date hereof. No attorney - client relationship exists or has existed with ESD by reason of our preparation, execution and delivery of this opinion letter. By providing this opinion letter and permitting reliance hereon by you, we are not acting as your counsel and have not assumed any responsibility to advise you with respect to the adequacy of this opinion letter for your purposes. This opinion letter may not be relied upon by any other person or for any other purpose or used, quoted or otherwise referred to for any other purpose. tJ Very truly yours, DRAFT EXHIBIT E: DISBURSEMENT TERMS Disbursement Upon compliance with the terms of this Agreement, and receipt of the fees as set forth below, ESD shall disburse the Grant to the Grantee as follows: Fees due: Reimbursement for out -of- pocket expenses $ (To be determined.) Up to $500,000 will be disbursed to the Grantee upon completion of the project substantially as described in Exhibit A, as evidenced by a Certificate of Compliance and documentation of project costs totaling $1.517 million, provided the Grantee is otherwise in compliance with the terms and conditions of this Agreement. Payment will be made upon presentation to ESD of an invoice and such other documentation as ESD may reasonably require, in the forms attached to this Agreement as Exhibits B and F and their attachments. Expenditures must be incurred on or after May 4, 2009 to be considered reimbursable project costs. Previously expended funds may be applied toward match requirements retroactive to June 23, 2006, when the Restore New York Legislation was enacted. Wire Transfer Information: If ESD assistance is $10,000 or greater, please provide: A letter from a financial officer of the City of Buffalo certifying to the accuracy of the following information: Bank Name: ABA #: Acct. Name: Acct. #: D DRAFT EXHIBIT F: CAPITAL GRANT PAYMENT REQUISITION FORM Note to Grantee: Do not re -type this form. Fill in only the version included in the executed GDA. Ms. Jean Williams, Project Manager Empire State Development 95 Perry Street, Suite 500 Buffalo, NY 14203 -3030 RE: Buffalo - RESTORE III — Fairfield Library, Project #X110 Dear,Ms. Williams: Enclosed please find our request for payment /reimbursement, in the amount of $ ESD funds may be applied by Grantee in payment or reimbursement of the following costs: Minimum Expense Incurred (per Exhibit E) $1,517,000 A: Actual Costs B: ESD Share (this C: Cumulative D: Grant Amount Eligible Expenses Incurred (this request) Amount Previously (Cumulative if multi- request) Received from ESD year grant) E: {D C B) Grant Balance Remaining Renovation Costs $500,000 TOTALI $500,000 CERTIFICATION I hereby warrant and represent to Empire State Development ("ESD") that: 1) To the best of my knowledge, information and belief, the expenditures for which the City of Buffalo is seeking payment and /or reimbursement comply with the requirements of the Agreement between ESD and the City of Buffalo, are eligible expenses, and that the payment and /or reimbursement of expenditures for which it is seeking payment and /or reimbursement from ESD does not duplicate reimbursement or disbursement of costs and /or expenses from any other source. These findings will be subject to audit by ESD's Internal Audit Department, 2) 1 have the authority to submit this invoice on behalf of the City of Buffalo. The project, or portion thereof for which this invoice relates, has been completed in the manner outlined in the Agreement. 3) 1 hereby attach the following documents for ESD approval, in support of this requisition: Exhibit B: ESD Construction Requirements (required with every payment request) Exhibit F -2: Project Cost & Completion Affidavit (required with every payment request) Exhibit G -6: M /WBE Contractor Compliance and Payment Report Certificate of Compliance 4) There have been no materially adverse changes in the financial condition of the Grantee, except as disclosed in writing to ESD, from the date of submission of the Application to the date hereof. Signature: 10 Print Name: Title: DRAFT EXHIBIT F -1: FINANCIAL CONDITION DOCUMENTATION Intentionally Deleted DRAFT NEW YORK STATE URBAN DEVELOPMENT CORPORATION d\b\a EMPIRE STATE DEVELOPMENT Buffalo - RESTORE III — Fairfield Library, Project Number X110 EXHIBIT F -2 PROJECT COST & COMPLETION AFFIDAVIT STATE OF NEW YORK ) ss.: COUNTY OF ) The Undersigned, being duly sworn, deposes and says: 1. I, of and validly existing under the laws of the State of New York. am the (the "Municipality "), a city that is duly organized 2. 1 have read and know the contents of a certain Grant Disbursement Agreement (the "Agreement ") executed by and between New York State Urban Development Corporation d /b /a Empire State Development ( "ESD ") and the Municipality dated the _ day of 20_. 3. After having read and reviewed the Agreement, invoices and payments relating thereto, statements of cost and equity, and such other documents as I consider necessary to render the certifications contained herein, I do certify, both individually and on the Municipality's behalf, that the costs for the project were incurred in the manner set forth in the Agreement and the total cost of the project was equal to or greater than Dollars ($ ).This amount includes the Municipality's match portion that is equal to or greater than ten percent of the total grant amount ($500,000) in the form of [for example: municipal equity, project location owner's equity, federal /state /local grants (name the grants), etc.]. 4. 1 certify that there are no liens or claims established with respect to the proceeds of this grant. 5. 1 further certify that this project is substantially completed as described in the General Project Plan in Exhibit A. 6. 1 make this affidavit and the certifications contained herein to induce ESD to disburse the grant under the terms of the Agreement, knowing that ESD will rely on the statements contained herein. I am aware that the swearing of a false oath is a Class A misdemeanor and may be a Class E felony. Signature Subscribed and sworn to before me this day of 20_ Notary Public EXHIBIT G: PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH \ 1 j RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES �t I. General Provisions A. Empire State Development (ESD) is required to implement the provisions of New York State Executive Law Article 15 -A and 5 NYCRR Parts 142 -144 ( "MWBE Regulations ") for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. B. The Recipient of the subject Grant Disbursement Agreement (the "Recipient" and the "Contract," respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to ESD, to fully comply and cooperate with the ESD in the implementation of New York State Executive Law Article 15 -A. These requirements include equal employment opportunities for minority group members and women ( "EEO ") and contracting opportunities for certified minority and women -owned business enterprises ( "MWBEs "). Recipient's demonstration of "good faith efforts pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive - Law Article 15 (the "Human Rights Law ") or other applicable federal, state or local laws. C. Failure to comply with all of the requirements herein may result in a finding of non - responsiveness, non- responsibility and /or a breach of contract, leading to the withholding of funds or such other actions, liquidated damages pursuant to Section VII of this Appendix or enforcement proceedings as allowed by the Contract. li. Contract Goals A. For purposes of this Contract, the ESD hereby establishes an overall goal of 0% for Minority and Women -Owned Business Enterprises ( "MWBE ") participation, 0% for Minority -Owned Business Enterprises ( "MBE ") participation and 0% for Women - Owned Business Enterprises ( "WBE ") participation (based on the current availability of qualified MBEs and WBEs). B. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the Contract Goals established in Section ll -A hereof, Recipient should reference the directory of New York State Certified MWBEs found at the following internet address: http://www.esd.ny.gov/mwbe.htmi Additionally, Recipient is encouraged to contact the Division of Minority and Woman Business Development ((518) 292 -5250; (212) 803 -2414; or (716) 846 -8200) to discuss additional methods of maximizing participation by MWBEs on the Contract. C. Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Recipient must document "good faith efforts" to provide meaningful participation EXHIBIT G: PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES by MWBEs as subcontractors or suppliers in the performance of the Contract. In accordance with Section 316 -a of Article 15 -A and 5 NYCRR §142.13, the Recipient acknowledges that if Recipient is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Recipient shall be liable to the ESD for liquidated or other appropriate damages, as set forth herein. Ill. Equal Employment Opportunity [EEO] 0 A. Recipient agrees to be bound by the provisions of Article 15 -A and the MWBE Regulations promulgated by the Division of Minority and Women's Business Development of the Department of Economic Development (the "Division "). If any of these terms or provisions conflict with applicable law or regulations, such laws and regulations shall supersede these requirements. B. Recipient shall comply with the following provisions of Article 15 -A: 1. Recipient and subcontractors shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2. The Recipient shall submit an EEO policy statement to the ESD with the executed Contract. 3. If Recipient or subcontractor does not have an existing EEO policy statement, the ESD may provide the Recipient or subcontractor a model statement (see EXHIBIT G -1: M /WBE Participation /Equal Employment Opportunity Policy Statement). 4. The Recipient's EEO policy statement shall include the following language: a. The Recipient will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b. The Recipient shall state in all solicitations or advertisements for employees that, in the performance of the 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: c. The Recipient 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 EXHIBIT G: PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH 6 4 RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Recipient's obligations herein. d. The Recipient will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "E" of this Section ill, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract. C. EXHIBIT G -2: Staffing Plan To ensure compliance with this Section, the Recipient shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. Recipients shall complete the Staffing plan form and submit it as part of the executed Contract. D. EXHIBIT G -3: Work Force Employment Utilization Report ( "Workforce Report ") I. Once a contract has been awarded and during the term of Contract, Recipient is responsible for updating and providing notice to the ESD of any changes to the previously submitted Staffing Plan. This information is to be submitted on a quarterly basis during the term of the contract to report the actual workforce utilized in the performance of the contract by the specified categories listed including ethnic background, gender, and Federal occupational categories. The Workforce Report must be submitted to report this information. 2. Separate forms shall be completed by Recipient and any subcontractor performing work on the Contract. 3. In limited instances, Recipient may not be able to separate out the workforce utilized in the performance of the Contract from Recipient's and /or sub's total workforce. When a separation can be made, Recipient shall submit the Workforce Report and indicate that the information provided related to the actual workforce utilized on the Contract. When the workforce to be utilized on the contract cannot be separated out from Recipient's and /or subcontractor's total workforce, Recipient shall submit the Workforce Report and indicate that the information provided is Recipient's total workforce during the subject time frame, not limited to work specifically under the contract. E. Recipient shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non- discrimination provisions. Recipient and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non- discrimination on the basis of prior criminal conviction and prior arrest. la EXHIBIT G: PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH��, RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES IV. MWBE Utilization Plan A. The Recipient represents and warrants that Recipient has submitted an MWBE Utilization Plan (EXHIBIT G - 4) either prior to, or at the time of, the execution of the Contract. B. Recipient agrees to use such MWBE Utilization Plan for the performance of MWBEs on the Contract pursuant to the prescribed MWBE goals set forth in Section II -A of this Exhibit. C. Recipient further agrees that a failure to submit and /or use such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, ESD shall be entitled to any remedy provided herein, including but not limited to, a finding of Recipient non - responsiveness. V. Waivers A. For Waiver Requests Recipient should use the Waiver Request Form (EXHIBIT G -5). B. If the Recipient, after making good faith efforts, is unable to comply with MWBE goals, the Recipient may submit a Request for Waiver form documenting good faith efforts by the Recipient to meet such goals. If the documentation included with the waiver request is complete, the ESD shall evaluate the request and issue a written notice of acceptance or denial within twenty (20) days of receipt. C. If the ESD, upon review of the MWBE Utilization Plan and updated Quarterly MWBE Contractor Compliance Reports determines that Recipient is failing or refusing to comply with the Contract goals and no waiver has been issued in regards to such non- compliance, the ESD may issue a notice of deficiency to the Recipient. The Recipient must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. VI. Quarterly MWBE Contractor Compliance Report Recipient is required to submit a Quarterly MWBE Contractor Compliance and Payment Report (EXHIBIT G -6) to the ESD by the 10 day following each end of quarter over the term of the Contract documenting the progress made towards achievement of the MWBE goals of the Contract. VII. Liquidated Damages /Recapture - MWBE Participation A. Where ESD determines that Recipient is not in compliance with the requirements of the Contract and Recipient refuses to comply with such requirements, or if Recipient is found to have willfully and intentionally failed to comply with the MWBE participation goals, Recipient shall be obligated to pay to the ESD liquidated damages or be subject to recapture of grant proceeds ( "Recapture "). EXHIBIT G: PARTICIPATION BY MINORITY GROUP MEMBERS AND WOMEN WITH RESPECT TO STATE CONTRACTS: REQUIREMENTS AND PROCEDURES B. Such liquidated damages or Recapture shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Recipient achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. in the event a determination has been made which requires the payment of liquidated damages (and such identified sums have not been withheld by the ESD) or Recapture, Recipient shall pay such liquidated damages or Recapture to the ESD within sixty (50) days after they are assessed by the ESD unless prior to the expiration of such sixtieth day, the Recipient has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages or Recapture shall be payable if Director renders a decision in favor of the ESD. EmplreSke velopment EXHIBIT G -1: OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY M /WBE PARTICIPATION/ EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT (,_(CONTRACTOR REPRESENTATIVE), the _ (AWARDEE/CONTRACTOR) agree to adopt the following policies with respect to the project being developed or services rendered at _ 1 1 At PAR1`IGIhATLON (M /1NBE} This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M /WBE contract participations goals set by the State for that area in which the State - funded project is located, by taking the following steps: (1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M /WBE contractor associations. (2) Request a list of State - certified M /WBEs from ESD's Office of Contractor and Supplier Diversity and solicit bids from them directly. (3) Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M /WBEs. (4) Where feasible, divide the work into smaller portions to enhanced partigi patio ns by M /WBEs and encourage the formation of joint venture and other partnerships among M /WBE contractors to enhance their participation. (5) Document and maintain records of bid solicitation, including those to M /WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M /WBE contract participation goals. (6) Ensure that progress payments to M /WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M /WBE participation. E UaL EMPLOYMENT RFgRTUNITY ROLICY;�EEa) (a) This organization will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on state contracts. (b) This organization shall state in all solicitation 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 disability or marital status. (c) At the request of the contracting agency, this organization shall request each employment agency, labor union, or authorized representative will not discriminate on the basis of race, Empir Development -= EXHIBIT G -1: OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY M /WBE PARTICIPATION / EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization's obligations herein. (d) This organization will include the provisions of sections (a) through (c) of this agreement in . every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract. Agreed on this _ day of _, 20 By: (SIGNATURE) Print Name: Title: Minority Business Enterprise Liaison (Name of Designated Liaison) is designated as the Minority Business Enterprise Liaison responsible for administering the Minority and Women -Owned Business Enterprises- Equal Employment Opportunity (M /WBE -EEO) program. M /WBE Contract Goals • Minority Business Enterprise Participation • Women's Business Enterprise Participation EEO Contract Goals % Minority Labor Force Participation a Female Labor Force Participation (Authorized Representative) Print Name: Title: Date: Intentionally Deleted Empir Development EXHIBIT G -3: OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY WORKFORCE EMPLOYMENT UTILIZATION REPORT Intentionally Deleted Intentionally Deleted Emplr4kevelop ment EXHIBIT G -5 OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY WAIVER REQUEST FORM �p Intentionally Deleted EmpireNkD evelopment EXHIBIT G -6: OFFICE OF CONTRACTOR.AND SUPPLIER DIVERSITY M /WBE CONTRACTOR COMPLIANCE AND PAYMENT REPORT PROJECT SPONSOR /DEVELOPER (or "REPORTING COMPANY "): FEDERAL EIN #: ADDRESS: TOW N /COUNTY /ZIP: CONTACT PERSON: TELEPHONE: EMAIL: ESD /OCSD REPRESENTATIVE: PROJECT NAME: PROJECT #: PROJECT START DATE: PERCENT COMPLETE: ACTUAL COMPLETION DATE: EmIllireAkDevelopment EXHIBIT G -6: OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY M /WBE CONTRACTOR COMPLIANCE AND PAYMENT REPORT Attach M /WBE executed contracts, final lien waivers, cancelled checks, etc., or other documentation describing the " Good Faith Efforts taken to achieve M /WBE program. This report should be completed and sinned by an officer of the Reporting; Company PRIME CONTRACTOR (Federal EIN #, Firm's Name, Address, Contact Person, Title and Phone # with area code } CONTRACT AMOUNT M /WBE SUBCONTRACTOR (Federal EIN #, Subcontractor Name, Address, Contact Person, Title and Phone # with area code) SCOPE OF SERVICES M /WBE CONTRACT AMOUNT M /WBE PAYMENTS PREVIOUSLY REPORTED M /WBE PAYMENTS ON CURRENT REPORT TOTAL PAYMEN TS YMEN TS TO DATE CERTIFICATION: I, _ (Print Name), the _ (Title) of the Reporting Company above, do certify that (i) I have read this Compliance Report and (ii) to the best of my knowledge, information and belief, the information contained herein is complete and accurate. SIGNATURE: DATE: Empir Development EXHIBIT G -6: OFFICE OF. CONTRACTOR AND SUPPLIER DIVERSITY M /WBE CONTRACTOR COMPLIANCE AND PAYMENT REPORT SUBMIT REPORT TO: OFFICE OF CONTRACTOR AND SUPPLIER DIVERSITY EMPIRE STATE DEVELOPMENT 633 THIRD AVENUE, 33" FLOOR NEW YORK, NY 10017 Completed Exhibits may also be emailed directly to OCSD at ocsd @esd.ny.gov All email submissions must include the name and contact information of the individual or firm submitting the information. QUESTIONS? Please, contact the OCSD's Project Managers or email the division at ocsd @esd.ny.gov Vikas Gera Denise Ross Diane Kinnicutt Project Manager, OCSD Project Manager, OCSD Dept. of Economic Dev. (DED) (212) 803 -3244 (212) 803 -3226 (518) 292 -5727) vgera@esd.nv.gov dross@esd.nv.gov dkinnic_utt @esd.ny.gov Finger Lakes Western New York NYC- Brooklyn & Queens Long Island All ESD Subsidiaries Southern Tier Mohawk Valley Mid - Hudson Region NYC - Manhattan, Staten Island & Bronx North Country Capital District Central New York DED Procurement E q EXHIBIT H: REPORT OF EMPLOYMENT Intentionally Deleted EXHIBIT I: SPECIAL PROVISIONS In the event of any conflict between Exhibit A of this Agreement and any other provisions of this Agreement, the terms of such other provisions shall govern. The following sections of the Terms and Conditions of this Agreement are waived: Section 2; Section 3(e); the reference to "Exhibit H" in Section 4(a); Section 7(i); Section 8(a)(iv); and Section 8(a)(vii). The Grantee shall provide along with this Agreement a signed original copy of the Letter of Understanding attached hereto as Exhibit 1 -1. 6 '\ EXHIBIT 1 -1: LETTER OF UNDERSTANDING Letter of Understanding Among the Empire State Development Corporation, (Municipality) and (Developer /Owner) Regarding (Project name, address) The New York State Historic Preservation Act1 ( §14.09) requires Empire State Development (ESD) to consult with the Field Services Bureau (FSB) of the New York State Office of Parks, Recreation and Historic Preservation in order to assess the possible impact of its actions, both positive and negative, on historic properties and to avoid, minimize or mitigate any adverse impacts that may result. The above captioned project has been determined to have the potential to directly or indirectly impact resources in or eligible for listing in the State Register of Historic Places. Based on FSB's review of the submitted project documents, ESD has determined that your project will have No Adverse Impact on historic resources. This finding may be conditioned by a requirement to continue consultation with FSB as final drawings and specifications are developed. Changes in the project that differ from the approved design in scale, material, plans, elevations or other aspects that may lessen the historic character of the property may impact the ESD funding for the project and /or cause the project to be delayed while consultation and evaluation of the changes are conducted. By signing below, the (Municipality) and (Developer /Owner) agree to continue consultation with FSB if required, that the project will be undertaken in a manner consistent with the documents and plans reviewed by the ESD and the FSB, and that all subsequent changes to the documents and plans shall be submitted by (Developer /Owner) to ESD and FSB for review and approval prior to the implementation of those changes. The (Municipality) and (Developer /Owner) further agree that a breach of this Letter of Understanding as determined by ESD constitutes a default under the Grant Disbursement Agreement for the project. Signature: (Municipality) Print Name, Title, Organization: Signature: Date: Date: (Developer /Owner —if other than Municipality) Print Name, Title, Organization: 1 § 14.09 New York State Parks, Recreation and historic preservation Law and its implementing regulations NYCRR 426 -428. Permission to Enter into Contract with Empire State Development Corporation (OSP) Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated February 28, 2013, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to contract with the Empire State Development Corporation for $500,000.00 in grant funding for the renovations of the former Fairfield Library, located at 1659 Amherst Street; and That the Common Council hereby ratifies and confirms the prior application materials submitted to obtain the grant funding commitments; authorizes the Mayor or his designees to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; and authorizes other City 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 receipt and utilization of the grant funding, including transfer of the grant funds to Creative Structure Services, Inc. or a subsidiary thereof, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. Passed. 4 C:U1sen5i—,.5idVsppDataUL IM;,mftlWindows Temponay InWe IFdcs %ConieaOullmMOX32QVW6lPermimion to EnW into Connd iYA ESDCAd . �J FONTANA !k * * fwczu * GOLOMOEK * LGCURT+O Maj -5 X13 - 5 314- 7 * .AYE * NO * RUSSELL SCANI,OrN * * * * * * 0000 #1 (Rev. 1193) One (1) page- Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 19, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 59 Hamilton, 50.50' E Dearborn Lot Size: 32' x 33' Assessed Valuation: $2,200 (North District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Stephen Gabor, Jr., 259 Dearborn Street, Buffalo, New York 14207 to purchase 59 Hamilton Street. Mr. Gabor owns and resides at 259 Dearborn and is presently in the process of acquiring 261 Dearborn under the Urban Homestead Program. Mr. Gabor intends to purchase 59 Hamilton, clean and beautify the area and use the vacant lot for green space, which is adjacent to his property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy Cents ($.70) per square foot. Mr. Gabor has agreed and is prepared to pay Six Hundred Dollars ($600), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the safe of 59 Hamilton Street to Mr. Stephen Gabor, Jr. in the amount of Six Hundred Dollars ($600). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CHRISTIE R LSgN DIRECTO OF RE EST, OFFICEYOF STRATEGIC 5 G k 9 CRN:ck Repssle inhouse 59hamiltonlsales Report of Sale — 59 Hamilton (North)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated February 19, 2013, be received and filed; That the offer from Mr. Stephen Gabor, Jr., of 259 Dearborn Street, Buffalo, New York 14207, in the amount of Six Hundred Dollars ($600.00) for the purchase of 59 Hamilton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. i 7 C:1 UsersVrnoinskiSAppBatal LocallMierosoftlWindowslTemporary Interaet FileslContent .Outlook1OX32QVW61Report of Sale -59 Hamilton,daex *AYE * NO 0 FONTANA * FRANCS GOLONMEK * * WCURTO PRIDGEN RUSS= � SCANLON SMTTg * * * NIA -5 213- 6 * *(� 314- 7 0Of ; \; #1 (Rev. 1193) One (1) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: February 19, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 44 Liddell, 430' N Broadway Lot Size: 30' x 107' Assessed Valuation: $1,400. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Rita R. Rusin, 50 Liddell Street, Buffalo, New York 14212 to purchase 44 Liddell Street. Ms. Rusin owns and resides at 50 Liddell Street and also owns the vacant lot at 52 Liddell which are adjacent to 44 Liddell Street. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Two Cents ($.32) per square foot to Fifty Cents($.50) per square foot. Ms. Rusin has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100), Thirty Five Cents ($.35) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 44 Liddell Street Avenue to Ms. Rita R. Rusin in the amount of One Thousand One Hundred Dollars ($1,100). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: CHRISTIE R-NYRAL ON TITLE: DIREC R OF ESTATE OFFI OF ST EGI9 PLARAING SIGNATURE OF DEPARTMENT HEAD: CRN:ck Repsale fnhouse 44ddelllsales L Report of Sale — 44 Liddell (Fill)(Strat Plan) Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated February 19, 2013, be received and filed; That the offer from Ms. Rita R. Rusin, of 50 Liddell Street, Buffalo, New York 14212, in the amount of One Thousand One Hundred Dollars ($1,100.00) for the purchase of 44 Liddell, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. IP C:1 Use rsUracinski` AppDat al LocalWicrosoft\Windows\Temporary ]ntemt Fil es \Content.Outlook\OX32QVW6\Report of Sale -44 Liddell.docx * AYE * NO FONTANA GOLOMHEK LOCMTO PRIDOEN RUSSELL SCANLON Maj - 5 X13 -6 �a�O� 314- 7 ,� � FROM THE COMPTROLLER March 5, 2013 IM00� # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: FROM: DEPARTMENT: DIVISION SUBJECT: [: PRIOR COUNCIL REFERENCE: (]F ANY) Ex. (Item No. xxx, C.C.P. xxlxx/xx) TEXT: ( TYPE SINGLE SPACE BELOW DATE: March 01, 2013 Audit and Contro Accounting Additional Information on Federal Financial Assistance This- is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2012 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the .Independent Auditors' Reports of Drescher & Malecki LLP for the City, Dansa & D'Arata, LLP for the Urban_ Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt; or May 30, 2013, TYPE DEPARTMENT HEAD NAME: T YPE TITLE: TG :URr;. 0 F bEPI'.RT'VIENT HEAD Mark J F. Schroe CoW troller :Is.:i,gleairditFili.in.a °a RECEI ED AND FILED 1� lei IS, TO: THE COMMON COUNCIL DATE: February 26, 2013 FROM: THE DEPARTMENT OF AUDIT & CONTROL SUBJECT: Common Council Discretionary Funds Audit Attached please find the audit of the Common Council Discretionary Funds. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. DEPARTMENT HEAD: TITLE: SIGNATURE: RECEIVED AND FILED /A Mark J. F. Schroeder C'mmntrn11Pr CITY OF BUFFALO DEPARTMENT OF AUDIT AND CONTROL AUDIT REPORT ON THE COMMON COUNCIL DISC RETIONARY FUNDS MARK J.F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO DEPUTY COMPTROLLER KEVIN J. KAUFMAN, CPA CITY AUDITOR FEBRUARY 2013 /10 Background Discretionary funds are appropriated from the City of Buffalo (the "City ") general fund and expended at the discretion of the Common Council Members. The funds are designated to benefit the community in various ways including community outreach, civic participation, recreational youth services and senior services. The funds are divided among the Council Members and distributed through contracts between the City Clerk and the recipients. Discretionary funds are contained in the City Clerk's Budget line, "other contractual services." Prior to July 2012, there were no guidelines or polices regarding distribution of these funds. Due to the inadequate controls over these funds the Comptroller temporarily suspended payments to agencies until a policy for distribution of funds was adopted. On July 31, 2012 the Common Council adopted Common Council Discretionary Fund Policy — General Guidelines (See Exhibit A). The guidelines are based on rules used in the New York Assembly for a similar program and were recommended by the Comptroller as a template for the Common Council Discretionary Fund Policy — General Guidelines (the "guidelines "). Upon passage of the guidelines, the Comptroller lifted the suspension pending the results of this audit. Over the past three fiscal years 2009 -2011, Discretionary Funding was $3,363,655. In fiscal year 2011 a total of $1,344,560 was expended. Common Council Discretionary Funds For Fiscal Years 2009 -2011 $1,400,000.00 $1,200,000.00 $965,875 $1,053,220 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $- 2009 2010 2011 Page 1 /A` The chart below shows the distribution of discretionary funds by district for fiscal year 2011. District Amount % of total Delaware $ 132,960 10% Ellicott 152,900 11 % Fillmore 147,000 11% Lovejoy 149,900 11% Masten 155,300 11% Niagara 142,000 11% North 161,500 12% South 144,000 11% University 159,000 12% Total $ 1,344,560 100% Audit Obiectives The audit objectives are to determine if the discretionary funds have been spent in accordance with the guidelines adopted by the Common Council, to determine possible conflicts of interest between the Common Council and the entities receiving funds and to determine the percentage of funding the entities received from the discretionary funds. The entities are being examined for the period July 1, 2010 to June 30, 2011. The period under audit is prior to the Common Council enacting guidelines on how the discretionary funds can be spent. Therefore it is possible that several of the audit findings have been corrected by the enactment of the guidelines on July 31, 2012. Audit Procedures The Division of Audit and Control selected for testing 15 of 59 entities receiving descretionary funding in fiscal year 2011. Entities from each district and entities funded by each council member were selected. The total amount received by the 15 entities selected was $954,520 or 70% of total Discretionary Funds. It was requested that each selected entity provide cash receipt and expenditure information, a list of board members and a copy of Form 990 for the period of the contract. To ascertain if discretionary funds were expended in accordance with the guidelines a review of each entity's expenditures was performed. To determine if any conflicts of interest exist between entity's receiving funds and the Common Council a list of board members was reviewed. To determine the amount of total funding the entities received from the Discretionary Fund, Form 990 listing total revenues of the entity was compared to the Discretionary Fund Contract(s). Page 2 Audit Findings Using the guidelines as a minimally acceptable standard the audit findings are as follows: 1. The agencies receiving discretionary funds distributed 43% of the total received to other agencies (a sub - recipient). Once the funds are redistributed the end use is unknown, therefore the benefit to the community cannot be determined. 2. Discretionary funds are not specifically identified in the City of Buffalo Budget Detail, they are included under "other contractual services" in the budget. Therefore taxpayers cannot determine the amount of funds available nor the total spent. 3. Several agencies did not use the discretionary funds for the purpose stated in the grant contract. Therefore discretionary funds were being used for unintended purposes that may not be beneficial to the City of Buffalo and its taxpayers. 4. Several grant contracts were overly vague as to the purpose, allowing the discretionary funds to be used for nearly anything without violating the contract. This could lead to misuse of the discretionary funds. 5. It was found that six of the organizations relied on the discretionary funding for over half of their revenue. If their discretionary funding was reduced or eliminated it appears it would be difficult for the entities to continue operations. 6. Sales tax was paid on purchases by several agencies. All agencies reviewed are exempt from paying sales tax. Discretionary funds spent on sales tax reduce the benefits that can be given to the community. 7. Allentown Associates did not comply with repeated requests to submit all records and receipts therefore we could not verify their expenditures. Audit Recommendations In order to improve the process of disbursing Discretionary Funds, we recommend the following enhancements: 1. A separate line item should be created in the City Clerk's budget for Discretionary Funds. This would create greater transparency and increase accountability over the Discretionary Funds (Exhibit B). 2. The process of disbursing Discretionary Funds should start with a standardized grant application from the agency requesting funding (Exhibit C). The application would be approved by a Council Member. A contract would then be entered into between the City and the agency. Then the agency would submit a request for reimbursement of expenses related to the contract (Exhibit D). All expenses allowable under the terms of the contract, the guidelines and City Code would then be reimbursed. A standardized grant application form would include, agency name, location, contact person, current list of board members, Tax identification number, a copy of most recently Page 3 Y� filed Form 990, detailed purpose for grant, amount requested and Council Member approval. The approved forms should be listed on the City of Buffalo website. This would create greater transparency over the Discretionary Funds. A contract would be entered into between the City and the agency. The contract should be specific as to purpose. Additionally the rules for receiving discretionary funds should be clearly communicated to the agency in the contract, including that discretionary funds will be used only to reimburse agencies for allowable expenses. After the contract has been approved and executed a request for reimbursement form could be processed from the agency. The form would be a summary of costs incurred by the agency that are allowable under the terms of the contract, the guidelines and the City Charter and Code. Attached to the request for reimbursement form would be documentation (including invoices and cancelled checks) for all expenditures listed on the form. The same degree of documentation would be required of any sub- recipient of discretionary funds. After a review of the documentation submitted by the agency, allowable reimbursements would be paid. It is anticipated there may be a learning curve as to proper documentation that needs to be submitted to receive Discretionary Funds. A training class should be offered to all agencies approved to receive Discretionary Funds that would illustrate the new process of disbursing Discretionary Funds. Adopting this change in processing of discretionary funds where there would be verification of the validity of agency expenditures prior to expending discretionary funds could eliminate many of our audit findings. It could eliminate using discretionary funds for the payment of sales taxes. It could eliminate discretionary funding being used for purposes not agreed to in the contract, in addition to eliminating inappropriate use of discretionary funds. Requiring sub - recipients to follow the same procedures as the agency awarded the contract could eliminate distributing discretionary funds for unknown uses. 3. All officers of agencies receiving Discretionary Funds should file conflict of interest forms indicating any relationship that would be considered a conflict of interest. This form is required to be filed in accordance with City of Buffalo Code of Ethics (Exhibit E). Page 4 o� a RICHARD A. FOWANA COUNCIL PR ESIDENT LOVEJOY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE 1315 City Hall BUFFALO, NY 14202-3 3 1 a PHONE.- (716) 851.5151 # FAX! (716) 851 - 5141 i -. ) Co mmon Council CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT CHAIRMAN RULES COMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J.BOLLMAN LEGISLATIVE AIDE THOMAS J. CILEINICZAK Common Council Discretionary Fund Policy General Guidelines 1.) Grants are to be designated for purposes that have a public benefit. The programs funded must be open and available to all individuals on a nonsectarian basis. 2.) Grants are to be provided in support of services and activities that have a benefit to the city. 3.) Grants are only to be designated for Not-For-Profit Organizations, Municipalities, or their affiliated departmentslagencies, or School Districts. 4.) Grants are available solely for activities and programs conducted for residents of the City of Buffalo. 5.) Grants are not to be redistributed unless the end recipient is identified and the grant to the end recipient complies with these: guidelines. G.) Grants are to be used only for the purpose stated in the funding request. 7.) Grants are not to be used to fund Loan Programs or Shcolarships. 8.) Funds cannot go to organizations that employ or otherwise compensate a member of the Council Member's family, or a member of the Council Member's Staff for services or labor rendered. 9.) . Council Members are not to designate grants to an organization if the Council Member, a member of the Council Member's Family or a member of the Council Member's Staff is involved with the operations of the organization in a decision - making capacity including, but not limited to working on an unpaid, volunteer basis. 10.) Grants are not to be the only significant source of funding for the organization. Organizations must have all required permits and licenses necessary to operate any program funded by the grant. 11.) Grants are subject to rbview by the City Comptroller. At the end of the Fiscal Year, upon request, the pass through agency shall submit a report to the Comptrolice s Office with a detailed accounting of the funds distributed. This shall include bank statements, receipts, and proof of the projects being completed. 12.) Procurement of goods shall include an informal (bidding) process to ensure the taxpayers are paying a fair cost for goods. If reasonable, preference can be given to City of Buffalo or Western New York Companies. 13.) Bequests for funding shall be in writing to the pass through agency. 14.) Provisions of this policy may be amended pending the outcome of the Comptroller Audit regarding discretionary funds. ADOPTED Exhibit A Current Budget CITY OF BUFFALO 2012 -2013 CITY OF BUFFALO GENERAL FUND ADOPTED 2012 - 2013 ADOPTED BUDGET BUDGET 10220006 CITY CLERK ADMIN SV 432004 ENGINEER & TECHNICAL SERVICE 4340[}0 ; DTHER CONTRACTUAL SERVICES 434002 CREDIT CARD & BANK CHARGES 443301 MACHINERY & EQUIPMENT REPAIRS 443302 VEHICLE BODY REPAIRS 443303 VEHICLE DRIVETRAIN REPAIRS 443400 EQUIP MAINTENANCE CONTRACTS 444101 RENTAL LAND & BUILDINGS 444201 RENTAL EQUIPMENT & VEHICLES 454000 ADVERTISING 455000 PRINTING & BINDING 480000 OTHER SERVICES TOTAL 10220006 CITY CLERK ADMIN SV Proposed Change 10220006 CITY CLERK ADMIN SV 44,875.00 5,500.00 700.00 8,830.00 49,000.00 5,000.00 25,000.00 13,024.00 35,500.00 1,222,429.00 432004 ENGINEER & TECHNICAL SERVICE 44,875.00 434000 OTHER CONTRACTUAL SERVICES - 434Q01 CQMMON CClU�ICiL D15CfiE'IIONARY FUNDS 1,035,OQ0:00 434002 CREDIT CARD & BANK CHARGES 5,500.00 443301 MACHINERY & EQUIPMENT REPAIRS 700.00 443302 VEHICLE. BODY REPAIRS - 443303 VEHICLE DRIVETRAIN REPAIRS - 443400 EQUIP MAINTENANCE CONTRACTS 8,830.00 444101 RENTAL LAND & BUILDINGS 49,000.00 444201 RENTAL EQUIPMENT & VEHICLES 5,000.00 454000 ADVERTISING 25,000.00 455000 PRINTING & BINDING 13,024.00 480000 OTHER SERVICES 35,500.00 TOTAL 10220006 CITY CLERIC ADMIN SV 1,222,429.00 Exhibit B Applicant.Name Address Common Council Discretionary Funding Approval form Federal Tax Identification Number Contact Person Contact Number Contact Email Amount Requested Detail Plan for Use of Fund Approved By Amount Approved Date Please Attached a current list of Board Members and a copy of the most recently filed Form 990 /)�j Exhibit C Common Council Request for Reimbursement of Discretionary Funds Awarded n� Date Name Address Contract Number Reimbursement Requested Please attach all supporting documentation to this form. Copies of all invoices and cancelled checks must be attached. Payee Date Amount Expense T pe Description Check Number Exhibit D ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FOR THE CITY OF BUFFALO, NEW YORK 2U13 City positions) Board(s) and/or Committee(s) Paid Unpaid If the answer to any of the following questions is "none ", please indicate. "Close Relative" means your spouse, child, step- child,.brother, sister, parent, or a person you claimed as a dependent on your latest state or federal income W return. 1. Name. and Address Last Name First Name Middle' Initial Title E -Mail Address: Department or Agency - Department or Agency Address Telephone No. Address or Principal - Residence Telephone No. 2. Spouse and Children Please provide the name of your spouse (if married) and & names of any dependent children. Spouse Cbild/Age Exhibit E Child/Age Child/Age . 1� Naune: I Interest in Contracts, Describe any interest of you or a close relative in any contract involving the City or any municipal corporation located within the City of Buffalo. Name of Family Member Contract Description 4. Political Parties. List any position you held within the last five (5) years as m officer of any political committee or political organization. The term "political organization" includes any independent body or any organization that is affiliated with or asubsidiary of a political party. 5. Gifts and Honorariums. . List the source of all gifts received in the past year from the sane or affiliated source aggregating in excess of $100.00 received during the last year by you or a close relative, from any person or organization having had a regulatory or financial relationship with the City within the past two (2) years or expecting to have. such a relationship within the next two (2) years, excluding gifts from a relative. The term "gifts" includes gifts of cash, property, personal items, services, payments to third parties on your behalf, loans, forgiveness of dent, honorariums, travel, entertainment, hospitality, tickets, any financial transaction on terms not available to the general public, and any other payments that are not reportable as income. The term "gifts" shall not include normal hospitality or promotional materials received within the past year if such hospitality or materials which when aggregated by source, do not exceed $1.00.00 in value and are not received in circumstances in which it might reasonably be inferred that they were given with the intention to influence or reward you in relation to the performance of your duties. Exhibit E Name: 6. Real Estate. Real Estate: List the address of each piece of real property you ur a close relative own or have a financial interest in (including an interest through a family trust or business organization). List only real estate. that is in the City of Buffalo or within five (5) miles of the boundary of the City of Buffalo. Name of Family Relationship to Address of Real Type of Member You Estate Investment jL g.:.Iohn Tones Father I Main Street, Buffalo Owns] 7. Your Employment or Business List the name. of any employer or business from which you receive compensation for services rendered or goods sold or produced or of which you are a member, officer, or employee. Name of Employer Nature of Business Type of Or Business E.g.: Monument Realty Real Estate agency Partnership Exhibit E 8. Your Spouse's Employment or Business Name: List the information in question 7. for your spouse Name of Employer Nature of Business Type of Business Spouse's Business Relationship E.g.: Pottery Ltd Pottery Manufacturer Corporation Treasurer 9. Investments List your iatterest in business entities or trusts in which yod or a dose relative has had financial or regulatory activity with either the City or City Development Agency withirn the last year or is expected to have such activity in the next year, except for a publicly traded corporation of which you own less than five percent (S %) of the outstanding stock and except for personal savings and retirement accounts. Name of Family Member E g.: John Jones Relationship to You Name of Business Entity Involvement with City Father Signature Acme Corp. Supply Contractor Date After completion, remove the original of this statement (or, if applicable, the Transaction Disclosure statement) from the disclosure booklet, mare and retain a copy for your records, and place the original and receipt form in the envelope provided marked "Confidential," and return to the City Clerk on or before the due date. If mailed, an acknowledgement of receipt will be sent to you for yourrecords. If you hand deliver the statement, request a date and time stamped receipt. Please keep this booklet, the copy of your completed statement and receipt for your records. Exhibit E Name: For City Employees Only 10. Other Financial Interests. A. Outside Employment.. Describe any outside occupation, employment, trade, business or profession providing more than $1,000fyear for you or a close relative, if any, and indicate whether such activities are regulated by any state or local agency. Name of Position Name, Address and State or Local Family Member Description of Agency Organization B. Future Employment. Describe any contract, promise or other agreement between you.and anyone else with respect to your employment after leaving your City office or position. C. Fast Employment identify the source and nature of any income in excess of $1,000 per year from any prior employer, m* cluding deferred income, contributions to a pension or retirement fiend, profit sharing plan, severance pay or payments under a buyout agreement. Naive and Address Description of Income Source (i.e., pension,. deferred, etc.) Exhibit E Name; For City Employees Only 11. Third -Party Reimbursements Identify and describe the source of any third party payment or reimbursement for City of Buffalo travel - related expenditures in excess of $250.00 for any matter that relates to your official duties. The term "reimbursement" includes any travel - related expenses provided by anyone other than the City for speaking engagements, conferences or fact - finding events that relate to your official duties. Source Description 12. Loans and Debts Describe all loans and debts of you or a close relative in excess of $ 5,000 (excluding retail accommodations such as primary mortgages, Dome equity loans, charge accounts, lines of credit, and credit cards extended in the normal course of business which are ordinarily available to the general public by financial institutions (for example, banks) and/or merchants and which are not extended in circumstances in which it might be reasonably inferred that they were extended with the intention to influence or reward you in relation to the performance of your duties): Name of Family Member Name and. Address of Creditor Signature Date Afrer completion, remove the original of this statement (or, if applicable, the Transaction Disclosure Statement) from the disclosure booklet, make and retain a copy for your records, and place the original and receipt form in the envelope provided marked "Confidential," and return to the City Clerk on or before the due date. If maned, an acknowledgement of receipt will be sent to you for your records. If you hand deliver the statement, request a date and time stamped receipt. Please keep this booldet, the copy of your completed statement and receipt for your records. Exhibit E COMMOn COMM[ AIA)l - OMPJ O? i �.ER"' 0FF[Gt CITY OF BUFFALO OFFICE OF THE COUNCIL PRESIDENT 2013 FEB 13 N4 2 ` ( 6 RICHARD A. FONTANA COUNCIL PRESIDENT LOVE)OY DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1315 City !-fall BUFFALO, IVY 14202-3318 PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141 February 13, 2013 Mark J.F. Schroeder Comptroller 1225 City Hall Buffalo, NY 14202 Dear Mr. Schroeder: t� CHAIRMAN RULES C OMMITTEE SENIOR LEGISLATIVE ASSISTANT BRYAN J. BOLLMAN LEGISLATIVE AIDE THOMAS J. OLEJNICZAK Enclosed is the response to the audit report on the Common Council discretionary funding. In response to the audit fmdings: 1. We plan on adjusting the control of distribution, in that the primary agency will be responsible for all invoices and receipts to be provided. The contracts will be spelled out stating clearly what the agency is required to use the fielding for, and they are to provide all receipts in a timely manner. 2.- The new title in the budget line will be Common Council Neighborhood Initiatives, 3. We plan on clearing up the language used in the contracts to be more descriptive in accordance with the Council guidelines. 4. All contracts will be drawn up in a manner that is very detailed description of services provided. 5. Some agencies take on extra projects on behalf of the Common Council therefore the agency would be allowed to do so. Without this funding the various communities would not receive vital services they rely on. 6. We have addressed item 6 in Common Council general guidelines. 7. Recipients will be informed that tax exempt forms must be provided for ALL purchasing, and they will not receive reimbursement for sales tax paid.. S. The Council President has contacted Allentown Associates and on January 30 they have provided their documentation for the funding they have received. Response to Audit Recommendations: 1. We have contacted the Budget division to change the line item to Common Council Neighborhood Initiatives. 2. The reimburrsement process would hinder organizations projects who may not have the necessary cash on hand to prepay for items or services, We anticipate this would cause more problems than solutions. 3. We will provide the proper financial disclosure forms to the Board Members so that the Common Council Funding Policy is properly followed. 4 y tr` n IV \1 Richard A. Fontana Bonnie E. Russell Council President President Pro Tempore Demone A. Smith Majority header MARK J. F. SCHROEDER COWTROLLER February 25, 2013 RE: Discretionary Funds Audit Dear Council Members: CITY of BUFFALO DEPAR' AiENT OF AUDIT AND CONTROL 1225 CiTX HALL BUFFALO, NEW YORK 14202 716 -85I -5255 ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER GREGG S. SZYMANSKI, CPA DEPUTY COMPTROLLER INVESTMENT & DEBT MANAGEMENT WILLIAM FERGUSON, CPA DEPUTY COMPTROLLER CITY ACCOUNTANT KEVIN J KAUFMAN, CPA 'DEPUTY COMPTROLLER CITY AUDITOR We have reviewed your response to the Common Council Discretionary Funds Audit. We appreciate your enactment of Audit Recommendations 1 and 3. We understand that implementation of Audit Recommendation 2 could adversely affect organizations that provide valuable services to the citizens of the City of Buffalo. In order to balance our desire to provide funding to the organizations and to increase accountability for the expenditure of the funds we propose that all discretionary funds contracts be limited to $30,000. Once the contract has been completed the agency will be required to submit documentation of the expenditures related to the contract. The documentation will be reviewed by Audit and Control to verify amounts have been expended in accordance with Common Council Discretionary Funds Guidelines. Once the verification process has been completed the agency would be able to enter into a new contract with the City of Buffalo. Although this is not a perfect system of control over the funds it requires the organizations to prove the funds are being used in accordance with the adopted guidelines while not affecting the cash flow needs of the organizations. Implementation will begin upon filing of this audit. Regards, Kevin J. Kaufman, CPA City Auditor QQQQ� Certificate of Necessit 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 $ 112,456 be transferred and reappropriated as set forth below: From: 10102001 - 412002 Hourly $ 102,778 10104001- 411001 Annual Salary Councilmember Smith $ 9,678 To: 10220006- 434000 Other Contractual Services $ 112,456 0 BYRON W. BR N MAYOR RECOVED AND FILED /� 4 a 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 Haman Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 2125113 Audit and Control Audit ASSISTANT AUDITOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PROVIclnAtnl Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 44,375 LAST JOB TITLE NAME Mi -ae Hwang LAST DEPARTMENT DATE ADDRESS 616 Strain Avenue LAST SALARY CITY & ZIP Buffalo, NY 14216 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 10442001 TITLE CODE NO 460 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 5345 SALARY RANGE OF POSITION $38,751 - 44,375 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: COMMENSURATE WITH EXPERIENCE. NAME OF APPOINTING AUTHORITY: Anne Forti- Sciarrino TITLE OF APPOINTING. AUTHORITY: Deputy Comptroller DATE: 2125113 SIGNATURE OF APPOINTING AUTHORITY: w'" - ORIGINAL + 2 COPIES TO: CITY CLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #5- DEPARTMENT #7- DIVISION #B- EMPLOYEE 000..9. #4 (Rev 7 -07) 1 ( 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: 2/25113 in the Department of Audit and Control Division of Audit to the Position of HUD GRANTS FISCAL ADMINISTRATOR Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) " ° �; OGNAL Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MAXIMUM (Enter Starting Salary) : Starting Salary of $ 65,398 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME AUBREY HLAVATY DATE ADDRESS 534 McKinley Parkway CITY & ZIP Buffalo, NY 14220 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 10442001 TITLE CODE NO 0554 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. NO 5346 SALARY RANGE OF POSITION $55,823- 65,398 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: COMMENSURATE WITH EXPERIENCE. NAME OF APPOINTING AUTHORITY: Anne Forti- Sciarrino TITLE OF APPOINTING. AUTHORITY: Deputy Comptroller DATE: 2/25/1 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERIC (ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) {/fit o FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS March S, 2013 o00 -( ar #I (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Design and Construction Services for City -wide [: Bond Specific Curb and Sidewalk Projects PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. Item No. xxx C.C.P. xx/xx/xx TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The costs for consulting services are estimated not to exceed $250,000.00. The funds are available in Capital account(s) 35314506 445100 and/or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. PJM:MJF:Ilf TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Wo — ar sl'c & Streets SIGNATURE OF DEPARTMENT HEAD: i� Permission to Engage in Services — City -Wide Bond Specific Curb and Sidewalk Project (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account 35314506 445100 and/or an account to be named at a later date. Passed. io C lUsecsVnscut sklAppbaG�U .owlllvSicrosoftSW�ndawsiTempomry lnle tFile%Coatent. pod- LAOX32QVW65P e,mi.i.ntoEugegeS..i.s-Cos6 and sidewalk projxts.docx * AYE * NO T' ONTANA * � I 'RANCZU * . GOLOMEK WC.'CtRTO PRIDGEN RIVERA RUSSELL SCAN ON S1MiTII � * * 1VI j -5 * ,� 213. 5 314- 7 ` 0 0 ® #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer [: for Design and Construction Services for City -wide [: Bond Specific Island Curb Replacements and [: Durham. Street Reconstruction PRIOR COUNCIL REFERENCE` (IF ANY) [; Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The costs for consulting services are estimated not to exceed $250,000.00. The funds are available in Capital account(s) 35314506 445100 and/or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. PJM:MJF:Iif TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Publi W s eets SIGNATURE OF DEPARTMENT HEAD: ~i�� Permission to Engage in Services — City -Wide Bond Specific Island Curb Replacements and Durhan Street Reconstruction (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design and construction phase services for multiple projects consisting of curb and sidewalk improvements at locations that have been specifically allocated bond funds through approved bond resolutions. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account 35314506 445100 and/or an account to be named at a later date. Passed. C: 5llsersll` ucins] dlAppData4LorallNiceawR4Windm�shTemporery Intemet Files%Content Oudwk1OX32QVW6Temdi ion to Engage Servj sDurhara Stdo *ATE *NO -h FOBTANA 9WCZYK * GOLOMEK WCURTO PROGEN Russlu SCANLON SNIITg * * * * * * X13 -5 *Q *� 3/4- 7 * ,� #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DI'V'ISION: PARKS SUBJECT: [: Permission to engage services of Consulting Engineer [: Architect for the Public Facilities Improvements - (: Park / Playground Improvements C: CDBG YR38, Local ID No. 50200 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvments - Park / Playground Improvements; CDBG YR38, Local ID No. 50200. The Park / Playground improvements will provide new roofs and interior improvements for shelters and concession stands at the Kensington Pool House, Schiller Park. J.H. Williams Park, Manhattan Park, Walden Park, & Prospect Park. Improvements will also include the demolistionof old concessions and provide landscaper restoration at the Roosevelt Park, Mullen Park and Dewey Park. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $140;000.00. The funds are available in Capital account CH9B2007- 470000. BM /f g cc: Brendan Mehaffy TYPE DEPARTMENT HEAD NAME TYPE TITLE: Commissioner of Pu SIGNATURE OF DEPARTMENT HEAD: l Steven J. Stepniak � Permission to Engage in Services — Architect for the Public Facilities Improvements — Park/Playground Improvements (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements — Park/Playground Improvements; CDBG YR38, Local ID No. 50200. The Park/Playground Improvements will provide new roofs and interior improvements for shelters and concession stands at the Kensington Pool House, Schiller Park, J. H. Williams Park, Manhattan Park, Walden Park and Prospect Park. Improvements will also include the demolition of old concession stands and provide landscaper restoration to the Roosevelt Park, Mullen Park and Dewey Park. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9B2007- 470000. Passed. 1� C:kUsms l.c mka AppDafal LomIMmsoftSWindnslTempo..yIn tercet Files4Con =tOuilwklOX32QVW6%Perndsionlo Engage Servic - Fmkand playgrosAdA �� * AYE * NO * FONTANA * FRANCZYK - * GULQMBEK * - * WCURTQ * PROGEN * * RUSSELL SCANLON * SMITII * * * * * * ,314- 7 0001 1 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Department of Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to engage services of Consulting Engineer [: Architect for the Public Facilities Improvements - [: Old First Ward Community Center Rehabilitation [: CDBG YR38, Local ID No. 05200 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P, xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks &. Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvments - Old First Ward Community Center Rehabilitation; CDBG YR38, Local ID No. 05200. Rehabilitation of the Old First Ward Community Center will include roof replacement and insulation improvements. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $34,500,00. The funds are available in Capital account CH9G2007- 470000. Bbi /fg cc: Brendan Mehaffy TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of PU SIGNATURE OF DEPARTMENT HEAD: \'b Permission to Engage in Services — Old First Ward Community Center Rehabilitation (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements — Old First Ward Community Center Rehabilitation; CDBG YR38, Local ID No. 05200. Rehabilitation of the Old First Ward Community Center will include roof replacement and insulation improvements. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9G2007- 470000. Passed. C:\UsemgmdnsMa AppDataVl cal MicrosoRlWlndow Temporary IrACMU FilekConleo [QutImIftOX32QVW6Tersnimion to Engage Senices-0Id Inward Ctr.dm. * AYE * NO * FOWAl'VA * F.RANCRIC GOLOi1R II{ LOCURTO PRMGE-N RIVERA RUSSELL SCANLON X13 -6 *�(� 314- 7 *. 000iR #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Department of Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Permission to engage services of Consulting Engineer [: Architect for the Public Facilities Improvements - [: Shiller Park Senior Center Rehabilitation [: CDBG YR38, Local ID No. 03200 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvments - Shiller Park Senior Center Rehabilitation; CDBG YR38, Local ID No. 03200. Rehabilitation of the Schiller Park Senior Center will include roof replacement and interior improvements. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $57,500,00. The funds are available in Capital account CH9E2007 470000. BM /fg cc: Brendan Mehaffy TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Pu SIGNATURE OF DEPARTMENT HEAD: 1� Permission to Engage in Services — Schiller Park Senior Care Rehabilitation (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements — Schiller Park Senior Care Rehabilitation; CDBG YR38, Local ID No. 03200. Rehabilitation of the Schiller Park Senior Center will include roof replacement and interior improvements. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9E2007- 470000. Passed. C: 5I3sers11rucinsluL4pp�ara5[. orallMicrospflSWindaas4'Cemporary Internet Fil slContenLOudook OX32QV WWtrmission to Engage Services- SchiUet Parkdacz I q * AYE * NO FGINTANA _ GQLOMHER * . - * I PRI DGEN PJVIULA RUSSELL SCAMON A Mull W 6 3/4- 7 ,� 000. #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL T0: THE COMMON COUNCIL DATE: February 27, 2013 FROM: DEPARTMENT: Department of Public Works, Parks & Streets DIVISION: ENGINEERING SUBJECT: [: Permission to engage services of Consulting Engineer C: for the Public Improvements - Streets / Sidewalks [: CDBG YR38, Local ID No. 50202 PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to grant permission to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements - Streets / Sidewalks CDBG YR38, Local ID No. 50202. The consultant is chosen through the Request for Qualifications (RFQ) process. The costs for consulting services are estimated not to exceed $193,600,00. The funds are available in Capital account CH9B2027- 470000. BM /fg cc: Brendan Mehaffy Michael J. Finn, P.E. TYPE DEPARTMENT HEAD NAME: Steven J. Stepniak TYPE TITLE: Commissioner of Public Works, Parrks reets SIGNATURE OF DEPARTMENT HEAD: L',�r n Permission to Engage in Services — Streets /Sidewalks (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Improvements — Streets /Sidewalks CDBG YR38, Local ID No. 50202. The consultant will be chosen through a Request for Qualifications process. Funds are available in Capital Account CH9B2027- 470000. Passed. C:lUsen4mcinsldUppO=Ua alUMmsaftlWindmss Tempormy linemet Fite lContmtOuttook1OX32QV WbVemlimion to Engage Scrvic s-Sti=mide Wks.d= 1 * AYE * NQ FONTANA PRANG .. GOLOAMEK 40CURTO P=GEN RUSSULL SCARON M;pj-5 213 -5 314- 7 ,� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL 0 0 0 _ DATE: February 28, 2013 \ °� S FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Commissioner's Office SUBJECT: [: Permission to Hire Consultant [: City Hall [: Exterior Lighting, Niagara Square Lighting [: IT Room Air Conditioning Replacement [: Job #1302 [: Ellicott District PRIOR COUNCIL REFERENCE (If Any) [: EX. (Item No. CCP ) TEXT: I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire a consultant to provide architectural and engineering services for the following projects: • City Hall Exterior Lighting • Niagara Square Lighting • City Hall IT Room Air Conditioning Replacement The costs for consulting services are estimated not to exceed $66,990.00. The funds are available in bond account(s) 38320806 445100, 33321206 445100, and an account to be named at a later date. The consultant will be chosen through a Request for Qualification (RFQ) process. SJSIPJMI /dl-' cc: J. Jacobs, Buildings Department Head Name: Steven J. Stepniak Title: Commiss Signature of Department Head: l� Permission to Engage in Services.— City Hall Exterior Lighting, Niagara Square Lighting, and IT Room Air Conditioning Replacement (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 28, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for City Hall exterior lighting, Niagara Square lighting, and City Hall IT room air conditioning replacement. The consultant will be chosen through a Request for Qualifications process. Funds are available in bond accounts) 38320806 445100, 33321206 445100, and an account to be named at a later date. Passed. i� C:%Vsen'dmcinsUUpppataV.amlWtc ftSWind..%TempoWInlemet Piles ConlentOWlook1OM2QVW6kPerrrdmion to Engage Services -CH lightng.docx * AYE * NO FONTANA .t. GOLOMEK * * ; WCURTO 19MGEN RIVMU RUSSELL SCANLON r 2t3- 5 314- 7 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2013 0 1 0 1 FROM: Public Works, Parks & Streets Parks & Recreation SUBJECT: [: Report of Bids [: 2013 Block Pruning [: Citywide [: Group #772 I advertised for on February 11, 2013, and received the following formal sealed bids for the 2013 Block Pruning, which were publicly opened and read on February 22, 2013. Total Bid Tree Services of WNY, LLC $ 64,750.00 41 William Street Tonawanda, New York 14150 Schneck's Tree Removal, Inca $ 72,700.00 2861 Southwestern Blvd. Orchard Park, New York 14127 Scott Lawn Yard, Inc. $ 75,550.00 5552 Townline Road Sanborn, New York 14132 Mays Tree Service, Inc. $ 97,500,00 P.O. Box 540 Lancaster, New York 14086 Terry Tree Service, LLC. $ 117,285.00 225 Ballantyne Road Rochester, New York 14623 \`T I hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Services of WNY, LLC with a Total Bid of Sixty Four Thousand Seven Hundred Fifty and 001100 ($64,750.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Eighty Three Thousand Seven Hundered Eighty Eight and 00 /100 (83,788.00). Funding for this project is available in 14570006480000. Department Head Name: Steven J. Stepniak Title: Commissioner of Public rks / arks & e6t.S Signature of Department Head: Cc: Peter Merlo, P.E., City Engineer {� Andrew R. Rabb, Deputy Commissioner, Parks & Recreation i Report of Bids — 2013 Block Pruning City -wide (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the 2013 Block Pruning, City- wide, with Tree Services of WNY, LLC in the amount of $64,750.00. Funds for this project are available in Account #14570006 - 480000. Passed. C:( Users\ "cinski\AppDatalLocallMicrosoft\ Windows \TemporsryIntemet Files\ Content .Outlook\OX32QVW61ReportofBids -2017 block pruningcitywide.docx - ) I * AYE * NQ FONTAN'A * =� * +GOLOMSEE * WCURTO PRIDGEN * R][Vl A * RUS I'LL SCANLON 213- 6 314- 7 00020 MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL \� TO: THE COMMON COUNCIL DATE: February 25, 2013 FROM: Public Works Parks & Streets Parks & Recreation SUBJECT: [: •Report of Bids [: Broderick Park [: Improvements Project [: Job #11286 [: Niagara District 1 advertised for on December 28, 2012, and received the following formal sealed bids for the Broderick Park Phase I Improvements, which were publicly opened and read on January 25, 2013. CONTRACT A — GENERAL CONTRACTOR Base Bid CATCO $1,100,200.00 1266 Townline Road - Alden, NY 14004 NOVA Site Company, LLC $1,171,485.00 6 Lena Court -West Seneca, NY 14224 Scott Lawn Yard $1,210,000.00 5552 Townline Road - Sanborn, NY 14132 Visone Construction $ 1,256,418.90 79 Shelfon Avenue- Depew, NY 94043 Northeast Diversification, Inc. $1, 312, 000.00 DBA Northeast Paving #2 Cadby Industrial Park- Lancaster, NY 14086 Anastasi Trucking & Paving Co. $1, 359, 575.00 4430 Walden Avenue- Lancaster, NY 94086 Keleman -Bauer Construction $1, 396, 544.00 DBA Edbauer Construction 2790 Clinton St -W. Seneca, NY 14224 Pinto Construction Services, Inc. $1, 417, 632.00 1 Babcock Street - Buffalo, NY 14210 Yarussi Construction, Inc. $1, 411, 000.00 5650 Simmons Ave. - Niagara Falls, NY 14304 Mark Cerrone, Inc. $1, 448,480.00 2368 Maryland Ave. - Niagara Falls, NY 14305 Tom Greenauer Development $1,448,500.00 P.O. Box 250- Spring Brook, NY 14140 Milherst Construction, Inc. $1,633,000.00 10.025 County Rd -P. O.. Box 430- Clarence Center, NY 14032 CONTRACT B — ELECTRICAL CIR Electric Construction $ 415, 800.00 400 Ingham Avenue - Buffalo, NY 14218 Frey Electric Construction Co. $ 417, 000.00 100 Pearce Ave, - Tonawanda, NY 1450 CATCO $ 430,500.00 1266 Townline Road Alden, NY 14004 M & M Electric Construction Corp. $ 477,700.00 4819 Henry Avenue- Niagara Falls, NY 14304 South Buffalo Electric, Inc. $ 558, 360.00 1250 Broadway Street - Buffalo, NY 14212 1 hereby certify that the foregoing is a true and correct statement of all bids received and that CATO, with a Base Bid of One Million, One Hundred Thousand, Two Hundred Dollars and 001100 ($1,100,200.00), is the lowest responsible bidder for General Contractor and CIR Electric Construction with a Total Bid of Four Hundred Fifteen Thousand Eight Hundred and 001100 ($415,800.00) is the lowest responsible bidder for Electrical 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 bidders. Funding for this project is available in 33400106- 445100 and 34400106 - 445100 and other account(s) to be named at a later date.. Department'Head Name: Steven J. Stepniak Title: C or „rr,iceinnor Signature of Department Head Cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks & Recreation Report of Bids — Broderick Park Improvements Project (Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Broderick Park Phase I Improvements, with CATCO in the amount of $1,100,200.00 for general contracting work, and CIR Electrical Construction in the amount of $415,800.00 for electrical work. Funds for this project are available in Account 433400106 - 445100, 34400106 - 445100, and another account(s) to be named at a later date. Passed. C:\ UsersVmcinski\ AppDetalLocalUicrosoRlWindowATemporary Internet Fil es\ Content.0utlook10X32QVW61Rcport ofBids- Broderick Park.docx * AYE * NO FOlw TANA FRANCS GOLOMEK LOCURTO PRIDGEN R VIMA SCA1�ILN Moj-5 213- 6 *� 314- 7 ,� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 26, 2013 Q C Q FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildin s SUBJECT: [: Report of Bids [: City Hall [: Fire Detection /Alarm System [: Job #0807 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) (EX.: Item No. CCP ) TEXT: I advertised for on February 5, 2013, and received the following formal sealed bids for City Hall, Fire Detection/Alarm System, which were publicly opened and read on February 26, 2013. The Base Bid is for Mobilization /Demobilization and Installation /Upgrades of the Fire Alarm System for Sub - Basement through 3�d floor and 7 floor through 12 floor. Alternate #1 is for Installation /Upgrades of the Fire Alarm System for 4 floor through 6 floor. Alternate #4 is for Installation/Upgrades of the Fire Alarm System for 22 floor through 29 floor. I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferguson Electric Construction Co., Inc., with a Base Bid of $714,000.00, add Alt. #1 for $126,000.00, add Alt. #4 for $111,000.00, for a total bid of Nine Hundred Fifty One Thousand and 00/100 Dollars ($951,000.00), 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 30320406 445100 - Buil Si J DC /dlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo P.E. Title: Citv En ine Signature of Department Head: Z�� p Base Bid Alt. #1 Alt. #4 Ferguson Electric Construction $714,000.00 $126,000.00 $111,000.00 333 Ellicott, Buffalo, NY Weydman Electric $890,800.00 $168,700.00 $102,500.00 747 Young, Tonawanda, NY Wittburn Enterprises $1,633,000.00 $208,900.00 $141,300.00 36 Cypress, Buffalo, NY The Base Bid is for Mobilization /Demobilization and Installation /Upgrades of the Fire Alarm System for Sub - Basement through 3�d floor and 7 floor through 12 floor. Alternate #1 is for Installation /Upgrades of the Fire Alarm System for 4 floor through 6 floor. Alternate #4 is for Installation/Upgrades of the Fire Alarm System for 22 floor through 29 floor. I hereby certify that the foregoing is a true and correct statement of all bids received and that Ferguson Electric Construction Co., Inc., with a Base Bid of $714,000.00, add Alt. #1 for $126,000.00, add Alt. #4 for $111,000.00, for a total bid of Nine Hundred Fifty One Thousand and 00/100 Dollars ($951,000.00), 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 30320406 445100 - Buil Si J DC /dlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo P.E. Title: Citv En ine Signature of Department Head: Z�� p 1 Report of Bids — City Hall Fire Detection/Alarm System (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 26, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the fire detection/alarm system, with Ferguson Electric Construction Co., Inc. with a total bid of $951,000.00 (Base bid of $714,000.00 + Alt. #1 for $120,000.00 + Alt. #4 for $111,000.00). Funding for this project is available in Account #30320406 445100 — Buildings. Passed. C:\Usm\lmcinski\AppData\ Local SMicrosoft\Windows\Temparary Internet FileslContent.Ouilook \OX32QV W6\Report orBids -Fire detection system.dccx * AYE * NO * * FOAITANA . * FRANCZYK . * GOLOMBEK LOCORTO g ' * PROGEN * RIVW * RUSS= f SCANLON * * * * * * 213 -5 314- 7 :� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL �2 TO: THE COMMON COUNCIL DATE: February 25, 2013 Q 0 Q FROM: Public Works, Parks & Streets Parks & Recreation SUBJECT: [: Report of Bids [: Citywide Tree Removals [: Citywide. [: Group #773 I advertised for on February 11, 2013, and received the following formal sealed bids for the 2013 Citywide Tree Removal, which were publicly opened and read on February 22, 2013. Total Bid Schneck's Tree Removal, Inc. $ 479,425.00 2861 Southwestern Blvd. Orchard Park, New York 14127 Tree Care of New York, LLC $ 561, 547.00 11493 Broadway Alden, New York 14004 Terry Tree Service, LLC $ 946,090.00 225 Ballantyne Road Rochester, New York 14623 Scott Lawn Yard, Inc. $ 949,500.00 5552 Townline Road Sanborn, New York 14132 I hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc., with a Total Bid of Four Hundred Seventy Nine Thousand Four Hundred Twenty Five and 001100 ($479,425.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidders. Funding for this project is available in 33400106- 445100, 34400106 - 445100 and other account(s) to be named at a later date. Department Head Name: Steven J. Stepniak Title: Commissioner of Public Works, P Signature of Department Head: Cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks & Recreation �� `� Report of Bids — City -wide Tree Removals (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the 2013 City -wide tree removal, with Schneck's Tree Removal, Inc., with a total bid of $479,425.00. Funding for this project is available in Account #33400106445100, 34400106 - 445100, and other account(s) to be named at a later date. Passed. C: SUsersllmcinski\ AppDatal3- ocallMicrosoftSWindvwslTemparary Intentet Files \Content.0utlook50332QV WfilReport of Bids- citywide tree removals.dac7c �� 1a . AYE NO FOWANA GOLOWER WCURTO PRIDGEN RI.VEM RUSSELL SCANLON � � � S1VtlTS � � � MAj - 5 2/3- 6 R (� 314- 7 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 20, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets 0 C 0 21 1 3 DIVISION: Buildings SUBJECT: [: Report of Bids [: Museum of Science [: Mechanical Reconstruction [: Air Monitoring for Asbestos Abatement [: Job #1233B PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: requested on February 5, 2013 and received the following bids for the Museum of Science, Mechanical Reconstruction, Air Monitoring for Asbestos Abatement, on February 14, 2013. Isle Chem $ 4,260.00 2809 Long Rd, Grand Island, NY Hillmann Consulting, LLC $ 5,540.00 42 Brantwood, Vilest Seneca, NY CORE Environmental $10,980.00 2312 Wehrle, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Isle Chem, with a bid of Four Thousand Two Hundred Sixty and 001100 Dollars ($4,260.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. SJSIPJMIJF /dig cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: g P 1� Report of Bids -- Museum of Science Mechanical Restoration (Masten) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parrs and Streets, dated February 20, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Museum of Science, Mechanical Restoration, air monitoring for asbestos abatement, with Isle Chem, with a total bid of $4,260.00. Funding for this project is available in Account #35323106 445100 — Buildings. Passed. w Tem r Internet FilesTantent Outionk \OX32 VW4\Re ort of6ids- ci e m. CaUsersVrucinskilAppDataSLocai \MicrosoftlWindo sl po ary Q p S Mus u dac x 4-Q f\ *AYE * NO FONTANA FI�INCZYI� * * •* GOO LOMHEK LUCCTRTO PRIDOEN RIVIM RUSSELL f SC,MON Msij - 5 20- 6 * q*D 314-.7 Q ®,- 91 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: Common Council DATE: February 27, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: Report of Bids, Group #756C [: Niagara Square Infrastructure Improvements [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: None In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Destro & Brothers Concrete Co., Inc. 411 Ludington Street, Buffalo, NY 14206 NOVA Site Company, LLC 6 Lena Court, West Seneca, NY 14224 Louis Del Prince & Sons, Inc. 580 Cayuga Road, Cheektowaga, NY 14225 Sicar Management & Construction, Inc. 1128 Jamison Road, Ehna, NY 14059 Base Bid Base Bid + 10% Unit Price Increase $593,014.10 $652,315.51 $711,477.00 $782,624.70 $749,749.00 $824,426.90 $922,615.40 $1,014,876.94 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc.. I respectfully recommend a contract award in the amount of $652,315.51 ($593,014.10 -Base Bid + $59,301.41 - 10% unit price increase = $652,315.51 — Total Contract Amount) . Funds for this contract are available in #32000006- 445100 , and an account(s) to be named at a later date. The engineer's estimate for this work is $700,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by April 27 ` 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. SJS:PJM:MJF :Ilf Attach. (3) cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E. City Engineer ub ' ' orks _Parks & Streets •� l i� Report of Bids — Niagara Square Infrastructure Improvements (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 27, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Niagara Square infrastructure improvements, with Destro & Brothers Concrete Co., Inc., in the amount of $652,315.51 (Base Bid - $593,014.10 + 10% unit price increase - $59,301.41 for a Total Contract Amount of $652,315.51). Funds for this project are available in Account 432000006 - 445100, and an account(s) to be named at a later date. Passed. CaUsersllmcinskilAppData4. ocallMicrosoftlWindowslTemporary JnYemet pi]eslContent0utlook10JC12QV W6\Report of Hids -Nia Sq infrastmcture.docx * AYE * NO FONTANA FRANCZYK GOLOW.M . LOCURTo PROGEN RUSSRL SCANLON 213 • b 3/4- 7 :� 1� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: February 25, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Parks SUBJECT: [: Request Permission., [: to Enter Agreement [: for Assignment of Grants [: and Grant Proceeds [: between Buffalo Niagara Riverkeeper [: and City of Buffalo [: for Broderick Park Phase I PRIOR COUNCIL REFERENCE: (IF ANY)[ Permission is hereby requested from Your Honorable Body for the Commissioner of Public Works, Parks and Streets to enter Agreement for Assignment of Grants and Grant Proceeds with the Buffalo Niagara Riverkeeper for Broderick Park Phase I construction: Grant Name Amount Allocated to Construction NYS DOS C007110 $40,500.00 NYS DOS C007112 $522,500.00 This will supplement the existing $950,000 of city bonds to fully implement Phase I construction following the Broderick Park Master Plan. Your consideration toward this request is greatly appreciated. Department Head Name: Steven J. Stepniak Title: Commissioner SIGNATURE OF DEPARTMENT HEAD: cc: Peter Merlo, P.E., City Engineer Andrew R. Rabb, Deputy Commissioner, Parks& Rec ;1� 11 �b y Permission to Enter into Agreement for Assignment of Grants and Grant Proceeds — Broderick Park Phase I (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for assignment of grants and grant proceeds with the Buffalo Niagara Ri.verkeeper for Broderick Park Phase I construction. Passed. .r - C:Silse VruciusldWppDa�aS[. oralVv (icrosoftlWiv�LoxxlTemparary It—[ FileslC on[eoLOtlWk1OX32QVWWefmi ion to Enter into AUmmeal- Emderick Pails PUace Lda IP bbj -5 20 » 6 314- 7 AI E *NO FONTAN'A FRANC'ZYK GOLONMW LOCURTO PMGEN RUSSELL SCA LON FROM THE COMMISSIONER OF POLICE March - 5, 2013 0 0 2 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 4 TO: THE COMMON COUNCIL: DATE: FEBRUARY 19, 2013 - NY FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: I : Drug Asset Forfeiture Wire Transfers PRIOR COUNCIL REFERENCE: (IF ANY) 1 :Item No. 104, C.C.P. 212/88 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW 12- DEA- 566068 C2 -12 -0105 1,288.38 10- DEA - 536129 C2 -10 -0151 567.32 12 -DEA- 568513 C2 -12 -0127 2,008.98 11- DEA - 542218 C2 -11 -0030 10,544.25 10- FBI - 001330 245D- BF40333 2,330.00 12- DEA - 568202 C2 -12 -0124 2,145.78 10- FBI - 001207 245D -BF -40333 1,167.14 10- FBI - 001100 245D -BF -40333 3,344.59 12- DEA - 557423 C2 -12 -0006 2,197.74 12- DEA - 557423 C2 -12 -0006 4,516.63 (15% SAFF) US CUSTOMS 2011090100041301 519.60 TOTAL $30,630.41 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining fiords will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. DJR/jws TYPE DEPARTMENT HEAD NAME: CHIEF DENNIS J. RICHARDS TYPE TITLE: SIGNATURE OF DEPARTMENT HEAD RECEIVED AND FILED . )�4 l New York State Division Of Criminal Justice Services ASSETS FORFEITURE REPORTING PROGRAM STATE OF NEW YORK ) ss: AFFIDAVIT pursuant to Civil Practice Law and Rules 1311(11)(c) COUNTY OF ERIE ) I, CHIEF DENNIS RICHARDS , as (claiming agent) (claiming authority), being duly (Name) sworn, depose and state that on 1216, 12113, 1.2118, 12119, 1114& 1123 113 , the BUFFALO POLICE DEPARTMENT (Date) (Agency) received WIRE TRANSFERS having an estimated present value of . $ 30,630. (check, vehicle, personal property, etc.) (Amount) . pursuant to chapter thirteen of Food and Drug Laws (21 U.S.C. 1 801 et seq.) of the United States and/or chapter four of the Customs Duties Laws (19 U.S.C. 1 1301 et seq.) of the United States and/or chapter 96 of the Crimes and Criminal Procedure Laws (18 U.S.C. 11961 et seq.) of the United States. DATE: 02/1912013 Signature CHIEF OF INVESTIGATIVE SERVICES Title th On th day of `('C ) the year , before me personally came (Day) (Month) (Year) �1(\� to me known, who, being by me duly sworn, depose and say (Name) that 6h�employed by the � � �l CtLJ `and that s e (Agency) was authorized by and did execute the above affidavit at the direction of said entity and that signed her/his name thereto. Mail to; NYS Division of Criminal Justice Services "(0 Office of Public Safety �I. SAY Albany, NY WOO j),Zi o COPYRIGHT 8 1995 NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES (July 2005) 02/19/2013 11:49 CITY OF BUFFALO jstan.Chak ISCHEDULE OF DEPARTMENT PAYMENTS TO TREASURER RECEIPT DESCRIPTION /REFERENCE ACCOUNT REF #: DEPT /LOC: .POLICE DATE: Feb. 19, 2013 1859102 DRUG ASSET FORFEITURE 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 20010000 389001 10496 * * ** RECEIPT TOTAL 30,110.81 1859107 US CUSTOMS ASSET FORF 20010000 389001 TOTAL COLLECTED /TURNED OVER: 30,630.41 REPRESENTING COLLECTION FROM: 02/19/2013 TO 02/19/2013 REF #: T /LO& POLICE DATE: Feb. 19,2013 SIGNATURE: r�,.� TITLE: t A�� ACCOUNT 20010000 389001 20010000 389001 10496 DESCRIPTION DEPARTMENT SUMMARY DEA PROP MISC REVENUE MISC REV (SAFF YR 7) PG 1 ardptpmt AMOUNT 1,288.38 567.32 2,008.98 10,544.25 2,330.00 2,145.78 1,167.14 3,344.59 2,197.74 4,516.63 519.60 AMOUNT 26,113.78 4,516.63 i 'y 02/19/2013 11:48 jstanchak CITY OF BUFFALO PAYMEN'T'S PROOF CLERK: jstanchak BATCH:23921 BATCH ENTRY DATE: 02/1.9/2013 PG 1 areshrct RECEIPT YEAR BILL TYPE CATEGORY LINE CHARGE DESCRIPTION PRIN PAID CUST ## NAME PRIN ADJ PROPER'T'Y CODE REFERENCE TOTAL PAYMENT ---------------------------------- -------- INT PAID TNT HELD DISC AMT 1859102 2013 MS- MISC ----- CASH RECEIPTS CUS'T'OMER PROPERTY LOC: 30,114.81 1 20DUNC 20 DEA MSC 30,110.81 CASH ACCOUNT: 20000000 101000 20010000 389001 20010000 389001 1,288.38 DESC: DRUG ASSET FORFEITURE REF1: 12DEA66068 REF2: C2 -12 -0105 20010000 389001 567.32 2,006.98 DESC: ]DESC: DRUG ASSET DRUG ASSET FORFEITURE REF1: 10DEA36129 REF2: C2 -10 -0151 20010000 389001 10,544.25 DESC: DRUG ASSET FORFEITURE FORFEITURE REF1: REF1: 12DEA68513 11DEA42218 REF2: REF2: C2 -12 -0127 C2 -11 -0030 20010000 389001 20010000 2,330.00 DESC: DRUG ASSET FORFEITURE REF1: IOFBIO1330 REF2: 45DBF40333 389001 20010000 389001 2,145.78 1,167.14 DESC: DESC: DRUG ASSET DRUG ASSET FORFEITURE FORFEITURE REF1: 12DEA68202 REF2: C2 -12 -0124 20010000 389001 3,344.59 DESC: DRUG ASSET FORFEITURE REF1: REF1: 10FBI01207 10FBI01100 REF2: REF2: 451)BF40333 45DBF40333 20010000 389001 20010040 389001 10496 2,197.74 4,516.63 DESC: DESC: DRUG ASSET 'FORFEITURE 15% SAFF YEAR 7 REF1: 12DEA57423 REF2: C2 -12 -0006 I BANK XFER 1 30,110.81 CHECK /REF##: REF1: ADD'L REF' #: 12DEA57423 REF2: C2 -12 -0005 1859107 2013 MS- MISC CASH RECEIPTS CUSTOMER PROPERTY LOC: 519.60 1 20DUNC 20 DEA MSC 519.60 CASH ACCOUNT: 20000000 101000 20010000 389001 1 519.60 DESC: US CUSTOMS ASSET FORF REFI:'2011 -09 REF2: 0100041301 BANK XFER 1 519.60 CHECK /REF #: ADD`L REF #: TOTAL RECEIPTS 2 TOTAL PAYMENTS 30,630.41 TOTAL PRINCIPAL PAID .00 TOTAL PRINCIPAL ADJUSTED .00 TOTAL INTEREST PAID .00 TOTAL INTEREST HELD .00 TOTAL DISCOUNT AMOUNT .00 FROM THE COMMISSIONER OF FIRE March 5, 2013 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL ®� DATE: February 13, 2013 FROM: DEPARTMENT: Fire DIVISION; SUBJECT: j: Permission to Hire Consultant [: Fire Department [: Quick Action Plans [: Various Districts PRIOR COUNCIL REFERENCE: (If Any) [: EX. (ITEM NO. CCP ) TEXT: Permission is hereby requested from Your Honorable Body to retain a consultant for All Hazard Planning to enhance the Buffalo Fire Department Crisis Management System to aid first respondents in fighting fires and saving lives. Funds are available in UASI FY09, C845093, Fund 2474. GWIDDCIdlg Department Head Name: Garnell Whitfield Title: Commissioner of Fire Signature of Department Head: Permission to Hire Consultant — Fire Department Quick Action Plans (Fire) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated February 13, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to retain a consultant for All Hazard Planning to enhance the Buffalo Fire Department Crisis Management System. Funds are available in UAS1 FY09, C845093, Fund 2474. Passed. C.%UsenUmcinskilAppDataV.ocM MicrosoftlWindows%Temporary Intcmet FileslContentpuVmMoY 32QVW6Tu"ssion to Hire Consultant 0.t1!ck aWon pI=.dax * AYE * NO FONTANA * 4 * g IWCZYK * . * GOL011M WCURT4 * PRIDGEN RIVERA * FUSS +'L."L SCANLON � 213 - 6 * *� 314- 7 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES March 5, 2013 000'�N To: The Common Council: Date: February 27, 2013 From Department Permit & Inspection Services Division: Office of Licenses Subject: [: Food Store (New) [: 345 Potomac AKA 351 Potomac(Niagara) Type in Upper and [: Lower Case Only [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xxixx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 345 Potomac AKA 351 Potomac (Aden Enterprises Inc. /Ali Naser Mohamed Saleh) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS: rF CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME. APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I.I mil /:i.l CtC� DISAPPROVAL REASON: ZONING REVIEW DAVID KRUG ADEN ENTERPRISES INC. FOOD STORE 345 POTOMAC 351 POTOMAC NIAGARA COUNCIL DISTRICT ALI NASER MOHAMED SALEH (716)816 -9736 FST12- 10025073 -- ----------- - - - - -- ----------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: P lo V RM# � { EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: FIRE LT. GERALD WHALEN ADEN ENTERPRISES INC. FOOD STORE 345 POTOMAC NIAGARA COUNCIL, DISTRICT ALI NASER MOHAMED SALEH (716)816 -9736 FST12- 10025073 -------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 10-3D �l Z DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT AFTER INSPECTION PLEASE COMPLETE AND .RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: 19 ol 05 r43 R DISAPPROVAL REASON: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** ` -X" - ----------------------------- - - ---- _------------------------------ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) PPROVED: DATE: -21 M // DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING VINCE FERRARACCIO ADEN ENTERPRISES INC. FOOD STORE 345 POTOMAC 351 POTOMAC NIAGARA COUNCIL DISTRICT ALI NASER MOHAMED SALEH (716 )816 -9736 FST12- 10025073 6 /C L �s RM# �� EXT AFTER INSPECTION PLEASE 'COMPLETE AND RETURN THIS REFERRAL TO , THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: POLICE MARGARET OVERDORF ADEN ENTERPRISES INC. FOOD �'F'OR� 345 POTOMAC NIAGARA COUNCIL DISTRICT ALI NASER M L4MED SALEH_ (716)816 -9736 FST12- 10025073 --------------------------------------------------------------- ------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVE DATE: v� DISAPPROVED: DATE: REMARKS: -- - -- l� DISTRICT CAPTAIN: APPROVED: DATE: �2 DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: r19CI��L AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES� 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: COLLECTIONS PATRICK ]RWIN, ADEN ENTERPRISES INC. FOOD STORE 345 POTOMAC NIAGARA COUNCIL DISTRICT ALI NASER i. (716)816 -9736 FST12- 10025073 -- - - - - -- ---------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: I DISAPPROVED: DATE: f DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: ,�� �a,cJ RM# ll� EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. n f Z i � Y o CITY OF B - LI SE APPLICATION 65 Niagara Sq. City Hall Room 3 01 Buffalo, NY 14202 Phone (716) 851 -4078 Fax (716) 851 -4952 . Type of Entity ❑ Sole Proprietor M Corporation 13 Partnership fee 0 Restaurant 1 -200 seats $174.00 0 201 -440 seats $250.40 13 400+ seats $350.00 _[d Yes 0 No Selling alcoholic beverages? 13 Certificate of Inspection $56.04 (Public Assembly) Restaurant 50+ seats' Q iGgin Control Amusement " ## games per game $47.25 ❑ Arcade #games _per game $47.25 0 Music mechanical $52,59. 0 Music live, no dancing $52.50.. 11 N E'ws Stand $53.00 ❑ Limited Liability C 0111 0 11 Y fee 13 Restaurant Take Out $ 8$•04 8 hood Store $115.00 See additional questions. 0 Meat Fish Poultry 0 Caterer 0 Bakery 0 0 -2 employees © 3 -10 employees ,1111 -15 employees 0 26 -50 employees . 0 51-200 employees $150.00 $ 88.00 $ 63.00 . $105.00 $157.00 $3100 $525.00 Corporation Name d n ] 1 5 s TN e Business Phone( Business Name (dba) r-/) Business Fax { } Business Address (ne. F, Box) _ '7� � :`� � a�� dYi /� C Mez UA ) nt 4 NIn?ling A:74 s (if diileies _.._._ NY'S Tax '� � �q�77 �Business Website E Mail Owner(sy P " clip Applicant o Home Address: Date of birth 4 Partners Ca Applicant (last, first) fee Restaurant Dance 13 Floor Show $367.5D 0 Live Music $210.00 ❑ Mechsaical $131.25 0 Public Dance (based on sq fl) 0 GoGo Dancing $131.25 0 Skating Pdnk - we. 00 0 Boding Alley per lane $31.50 # lanes 0 Billiard Parlor per table $31.50 # tables - Home Address: (Po Box not acceptable) - Date o f birth Place of Birth Describe your specific business activity in detail. �— I am aware of the obligation to provide timely notice of any change - in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license 6r timely abatement -of any nuisance activity at or associated with the business. Initial — of Deeds -- City of Buffalo As an authorized agent of the entity identified above, I certify the information on this farm is true, correct complete and current to the best of my knowledge and belief. Print Name / Signature Date k 19 °- Home Phone CI yf�D}�r 5 acceptable) -- Place ?f Birth Home Phone App No Date issued: �D Food Store License (New) — 345 Potomac aWa 351 Potomac (Nia Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 27, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ali Naser Mohamed Salch d/b /a Aden Enterprises, Inc. located at 345 Potomac a/k/a 351 Potomac. Passed. ( ;I. C. NUsersl lrucinskilAppDataToca [\MicrosotllWindows \Temporary Internet Files%Content.Oudook \OX3ZQV W6Taod store license - new -345 Potomac.dom a *AYE *NO FONTANA fWCZYK GULQMBEK LOCURTO PRIDGEN * * RIISSEU SCANWN 213- 6� *(� 314 - 7 00021 9 #1 (Rev. 1193) Single Page Communication to the Common Council I X To: The Common Council: Date: February 19, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 3129 BAILEY (UNIVERSITY) Prior Council Reference: (If Any) [: Ext. (Item No. xxx C.C.P. xx/xx/xx): Text ( Type Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 3129 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jennifer Jabr- Hamdan. The attached thereto for Jennifer Jabr- Hamdan d/b /a/ Kash Pro Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: Signature of Department Head: Jc;Psjd �1 Interdepartmental Memo Date: February 19, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 3129 Bailey. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Hand Dealer application to the Common Council: 2�v Fire Prevention Building Inspection ,Police Department Police Record Check Application Date 02-12-'13 13:07 •O INSPECTION `!TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME! APPLICANT PHONE: APPLICATION NO: REVEPWAL DATE: l R AT" � DISAPPROVAL REASON: 7168514951 CITY OF BUFFALO OFFICE OF LICENSES' 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET O'VERDORF KASH FRO INC SECOND NAND DEALER 3129 BAILEY UNIVERSITY COUNCIL DISTRICT JENNIFER JABR HAMDAN {716 }768 -0787 SHD12. 10025333 T -833 P0001I 0010 F -385 ---• ... ......................... . . . . .. •° PTO BE COMPLETED BY AGENCYIDEPARTMENT912Y'ER[t D TO) �APIPROVIE& DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: - k * *REASON FOR DISAPPROVAL M S BE STATED BELOW *** REMARKS: COMMISSIONER OF POLI AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. 11/68/2012 16:25 7168373813 P P -147C (REV. 3196) TO BE MAILEM: Buffalo Police Department Identification Section 74 iirankWr Street' Buffalo , New York 14202 ?a 12 No "I PH 6: 41i PAGE 01 1 � There is i $10.00 fee to pfooess this data By mall, payment MUST be made by money. order. DO NOT send oath through th meal, In person, payment can be made by money order or cash. Checks are not accepted. Make money order payable to the Bufafole Police Deparecnt. Be sure to include a stamped, self- addressed envelope so that this informaacm can be mailed to you. Complete all the infomiadon listed below and have your identiScation and signature verified by a'Notary Public (or) Commissioner of Deeds, 'a listed on the botb)m ofthis application. Without total compliance to these iastructions', you W91 NOT receive the requester imbrmation- ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: SEX P x�kC CURRENT ADD DA'T'E O1E! .BIRTH: SOCIAL SECURITY REASON FOR REQ SIGNATURE OF STATE OF NEW YORK ) COUNTY OF ERIE ) SS. MY OF BUFFALO ) On the i - da y of �i�L..r� _ _ 2Q�,, before me personally appeared to me known to be the same pperson described in, and who ted the foregoing Wstntment and aftowiedged the. execution thereof . RA HK OTl$ f�1 Lt3, ( Notary Publle, State of New YorR ouailfled in Irle County POLICE DEPT. Res. No. 010Te21644 No FQ er*ry Puhlyc / mmissinner of Dee s TO BE Co 1&LETED BY 9 ,RECORD AT>CACOND VERIFIED BY: No RECORD ON 1�'nX DATE VERIFII nz+nei9NAfTT * + # # * # # * #kk * *#ri• * #�� NOTE USE OF TMS MORMATION IS NOT BASED ON FlNGEItI'IMT MENTIFICATION. DO NOT RF AFTER Go DAYS FROM DATE VERIFIIED• 1 M. 1 YALID MUM Sul KASMPRQ mac. APPLICATION RELEASE" , i- RECEIVED 11- 08 -'12 16:28 FROM- 7168373813 TO- COB- LICENSES P0001f0001 a - CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: LT. LAWRENCE HAKES APPLICATION FOR: KASH PRO INC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 3129 BAILEY LOCATED AT: COUNCIL DISTRICT: UNIVERSITY COUNCIL DISTRICT APPLICANT NAME: JENNIFER JABR— HAMDAN APPLICANT PHONE: (716)768 -0787 'F3-7 APPLICATION NO: SHD12- 10025333 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: -----------------—------------------------------------- - -_ —_— - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED DATE: C—' — S DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: 'REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: 1 :1 DISAPPROVAL REASON: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) 1 1 APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: BUILDING KEVIN FITZGERALD KASH PRO INC SECOND HAND DEALER 3129 BAILEY UNIVERSITY COUNCIL DISTRICT JENNIFER 7ABR- HAMDAN (716)768 -0787 SHD 12- 10025333 EXT _ AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Describe your specific business activity in detail. — , rL3L '� -5 IL i Subscribed and swam to before me thi day of _�L issi❑ner of Deeds in and for the City of Buffalo, New York RACHEL OTIS tgotar-V Pudic, State of New York. O'dallf#ad In Ede County } 0. 010'f8215440 Expires Dec. 28, 2013 I am aware of the obligation to provide timely notice of any change in required information, and 1 have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the Iicense or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name Signatur n T Date Q 3 Z- CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record 0 BUSINESS LICENSE APPLICATIONS fee © Used Car Dealer $262.50 fee 0 Tire Handler I $118.00 Tire Storage Information - r- ----- ----- - \ 10 -1000 tires Inside Storage — Yes _ no *Second Hand`�Dealer t $118.00 0 Tire Handler lI $262.50 Outside Storage yes _ no l over 1000 tires; Include NY5 Environmental Conservation Law Part 360; storage plan and ❑ Scrap Processor $ 78.75 General Liability Insurance at least $50,000 0 Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 © Wholesale Junk Dealer $262.50 must contain 10 clay cancellation clause with 11 -25 tables $155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Buffalo NY 14202 Business Phone Corporation Name Business Name (dba) Business Fax Business Address (no Po Box) 3 rklv V - — Mailing Address (if different) NYS Tax ID # q5— W,5C]I � Business Website g � rt"1Gr��c r cr E- Mail Owner(s)/ Principal Partners Hoge Phone '7/[�- C7 � - l 3 ! k � D Applicant (last, first) Home Add le) {a� L `t tlr / r� -,,5y_ . L6L.2 .� Date of birt Place of Birth Co- Applicant (last, first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. — , rL3L '� -5 IL i Subscribed and swam to before me thi day of _�L issi❑ner of Deeds in and for the City of Buffalo, New York RACHEL OTIS tgotar-V Pudic, State of New York. O'dallf#ad In Ede County } 0. 010'f8215440 Expires Dec. 28, 2013 I am aware of the obligation to provide timely notice of any change in required information, and 1 have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the Iicense or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name Signatur n T Date Q 3 Z- Second Hand Dealer — 3129 Bailey (Univ)(EDPIS) Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated February 19, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jennifer Jabr - Hamdan d/b /a Kash Pro Inc. located at 3129 Bailey. Passed. C:\Users\lrticinski\AppDalaTocaiMcrosoft\Windows\Temporary Internet Filesl Content.0uticok10X32QVW61second hand dealer -3129 Ba ley.doc * AYE * NO FONTANA GGLOWRR LUCUTRTO PMGEN FIVE U * ,� RUSSELL SCANLON 213- 6 3/4- 7 #1 (Rev. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: February 26, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: 1853 Genesee (Lovejoy) Type in Upper and I [: I Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. ( Item No. M& C.C.P. xx/xx/xx) Text (DTe Single Space Below Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1853 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jennifer Jabr- Hamdan. The attached thereto for Jennifer Jabr- Hamdan d/b /a/ Kash Pro Inc. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: Type Title: Signature of Department Head: JC:PS:jd �g 1 Interdepartmental Memo Date: February 26, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 1853 Genesee. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements or Second Hand Dealer application to the Common Council; Fire Prevention ❑ Building Inspection Police Department Police Record Check ❑ Application Permit & Inspection Services �w 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 KASH PRO INC SECOND HAND DEALER 1853 GENESEE LOVEJOY COUNCIL DISTRICT JENNIFER JABR- HAMDAN (716)768 -0787 SHD12- 10025332 -------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) - - - - --------- APPROVED: DATE: �g jlj /1 DISAPPROVED: DATE: 7 REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIC AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. , THANK YOU. __ �w ;� _�•�,, �iooaraal� KASHPRO PAGt dl S P -147C (REV.,3196) APPLICATION MEA3 TO FIE MAU TO; 2012 NO -�1 Buffalo Police .Department Identification Section 7 Fnnkiln Street Buffalo , New York 14202 There is a $10.00 fee to pfooess this data By mail, payment MUST be made by money order. DO NOT send cash through th 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 infotmadom can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner ofDer„ds, .a listed as) the bottom of this application.' Without total compiigmce to these io*uctioas•, you Wal NOT receive the requester isitbrmation. ' ALL SIGNATURES MUST BE 09IG94AL 1 i r. s ■W L� f �t • is DATi OYDIRM r r r r PAVA! SIGNATURE OF STATE OF NEW YORK ) COUNTY OF ERE CITY OF BUFFALO ) On the - - day of 20,x,, before me personally appeared to me known to be the same p erson described in, and who the foregoing imutument and solmowiedged the execution thereof. . RACHEL OTIS .�, Notary Pubile, State of Now York NY Quallfled In Erse County POLICE ®EP's' Reg. No, 01478216440 NO RE PORD ataxy Public / mmissioner of De ' TO SE COWRLETED BY IDENTM TION SE O PERSONNEIL .REC AT'TACBED VERWM BY. b a' NO RECORD ON ME DATE VEWMD NOTE: USE OF THIS DMORMATION IS NOT BASED ON FJWG.IPZP NT MENTIFICA.TION. DO NOT RETAIV AF 60 DAYS FROM DATE vE>IUFIED. NOT yA•m MUM s�A►MpFn RECEIVED 11- 08 -'12 16:28 FROM- 7168373813 TO- COB- LICENSES P0001l0001 CITY OF BUFFALO OFFICE OF LICENSES X 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: BUILDING KEVIN FITZGERALD KASH PRO INC SECOND HAND DEALER 1853 GENESEE LOVEJOY COUNCIL DISTRICT JENNIFER JABR- HAMDAN (716)768 -0787 SHD 12- 10025332 DISAPPROVAL REASON: 7 3�7I l f '7 /G fe ----------------------------------------------- - - - - -- ------- - - - - -- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: - DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: 2 — ; / — / ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: FIRE LT. GERALD WHALEN KASH PRO INC LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: SECOND HAND DEALER 1853 GENESEE LOVEJOY COUNCIL DISTRICT JENNIFER JABR- HAMDAN (716)768 -0787 SHD12- 10025332 - - - - -- - - -- - -- -- ------- - - - - -- _---- -- - - -_ (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPRO DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ***REASON FOR DISAPPROVAL MUST BE STAT BELOW * ** —13 to REMARKS: Ulf INSPECTOR: RM# EXT CITY OF BUFFALO t OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO 4 65 Niagara Sq. City Hall Room 301 Buffalo, NY 14202 T g Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record BUSYNESS LICENSE APPLICATION596 fee © Tire Handler X $118.00 10 -1000 tires ❑ Tire Handler U $262.50 aver 1000 tires; Include NYS Enviromnental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Tire Storage Information fee ❑ Used Car Dealer $262.50 Second Hand�ea © Flee Market t � $118.00 $ 78.75 11 -25 tables ❑ Scrap Processor $ 78,7,5 fee © Tire Handler X $118.00 10 -1000 tires ❑ Tire Handler U $262.50 aver 1000 tires; Include NYS Enviromnental Conservation Law Part 360; Storage plan and General Liability Insurance at least $50,000 both for personal injury and property damage, must contain 10 day cancellation clause with the certificate holder as City of Buffalo, Office of Licenses Room 301, Buffalo NY 14202 Tire Storage Information Inside Storage _yes _ Outside Storage —yes — no © Flee Market fee 1-10 tables $ 78.75 11 -25 tables $155.00 +26 tables $210.00 ❑ Wholesale Junk Dealer $262,50 Corporation Name Business Name (dha) � - Business Phone eV Business Fax (714) 74� Business Address (no Po sox) - Mailing Address (if different) NYS Tax ID 4 95— � � �. r� j _ Nusiness Website A , -Mail ,. (2 ' Owner(s)/ Principal Pa ers + Applicant past, first) ' ` - t r .-� .� Home Phone Home Addre Date of birth Place of Birth Co- Applicant (last, first) Home Phone Home Address (Po Box not acceptable) Date of birth Place of Bi Describe your specific business activity in detail. Lbsmc 7of6��o efore me I am aware of the obligation to provide timely notice of any change in required j� inform ation, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the ti mely fulfillment of restrictions and conditions to the license or timely abatement of anynuisance activity at or associated d for the rk with the bu sin ess. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and cwrent to the best of my knowledge and belief. RACHEL OTIS (i Notary Public, State of New York Print Name Qualified In Erie County Reg. NO. 01OT6216440 Signature Date My Commisslon Explres Dec, 28, 2013 ' Second Hand Dealer —1853 Genesee (Lov)(EDPIS) Mr. Smith moved That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated February 26, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jennifer Jabr- Hamdan dlb /a Kash Pro Inc. located at 1853 Genesee is hereby approved. Passed. C:\ Users' drucinskil AppDataV ,ocaIV&croso8 \Windows\Temporary Intemet Fil eslContent .Outlook5OX32QVW6Lsecond hand dealer -1653 Genesee.duc I * it lE * !1O * FONTANA IWCZYIC - GOLOMEK LOCUIRRTO PRMGEN RIVERA RUSS= SCANLON WFIR X13- 5� 314- 7 ,� 0003 It # 1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: February 19, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Only Subject: [: Used Car Dealer [: 2292 BAILEY (LOVEJOY) [: Prior Council Reference: (If Any) [: Ext. Item. No. xxx C.C.P. xx/xx/xx : Text ( Type Single Space Below) Pursuant to Chapter 254 of the City of Buffalo - Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 2292 BAILEY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Raymond Moss. The attached thereto for Raymond Moss /dba/ C -RAY. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD d Type Title: C ISSION Signature of Department Head: JC: PS:j ad a� Interdepartmental Memo Da February 19, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 2292 Bailey. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Used Car Dealer application to the Common Council: Fire Prevention Building Inspection Police Department Police Record Check Application e Director PennA & Inspection Services h I V 'I",[ � ate 02- 12 -'13 13;87 FROM - COE- LICENSE 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: S 7168514951 CITY OF BUFFALO OFFICE OF LICENSM 301 CITY BALL BUFFALO, NY 14202 POLICE MARGARET O'VERDORF C-RAY USED CAR DEALER 2292 BATLEY LOVElO'Y' COUNCIL DISTRICT RAYMOND MOSS (716)892 -7262 UCD12- 10024713 T -033 P0002/0010 F -385 ----------------------- ------------------------- - ----- -------------- - - - - --......... ...................................... (TO BE COMPLETED BY AGENCY/DXPA RTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLIC AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO TIME OFFICE OF LICENSK THANK YOU. P;147C (REV. 3196) APPLICATION RELEASE FORM M RF Buffalo Police Department Identification Section 74 Franklin- Street Buffalo, New York 14202 There is a $10.00 fee to process this data. By mail, payment MUST be made by money, order_ DO NOT send cash through the mail. In person, payment can be made by money order or cash- Cheeks are not accepted. Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self - addressed envelope so thafthis information can be mailed to you. Complete all the information listed Wow and have your identification anal signature verified bya Notary Public (or) Commissioner ofDeeds, '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: .11'1 G �]'S /XAIDEN 1r1AW SEX W _ RAC CURRENT ADDRESS- DATE OFBIRTE SOCL4L SECURITY # REASON FOR REQUEST SIGNATI3RE OF STATE OF NEW YORK ) cotTKrrY of > > D m ss. . CITY OF BUFFALO } On the day of tly .. , 20_, before me personally appeared } w to me known to be the same person described in, and who executedhhe foregoing instrument and acknowledged tiie execution thereof. UizAeErH Jacks O;. NO.OIJA6059066 Afnfenr CriAlir 4Mla of �Inur Verb r Notary Public / Cos ner of Deeds * * * * * * * * * * * * * * * * ** TO BE COMPLETED BY] DENIITICATION SECTION PERSONNEL RECORD ATTACHED VERIFIED BY: %I �1/� NO RECORD ON FILE. DATE VERIFIED NOTE. USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT .IDENTIFICATION. DO NOT RETAIN AFTER DAYS FROM DATE VERIFIED. ND Y A,ID UNEL STA . BUFFALO POLICE DEPARTMENT Report Date: 11/16/2011 11 :03 [RAP SHEET Report Printed By: BORCZYNSKi, ROSE Page: i of I RIC[ #: 00491453 NYSID 02120331-Y FBI 166657T8 Master Name : M OSS, Y M 0 N D Sex: Mal B, Master DO Race: Black Current Age: 74 Ethnicity: Unknown Most Recent Address. 160 WENDS St, BUFFALO NY 14211 US Note: The Charge dispositions show in bold below the original Arrest Date Incident # Booking Name ----------- Booking # First Alias Charges 12/19/1995 BUV 95-❑287.�!)C MOSS, RAYMO Cts Law S Sub Att C , C 95 (A) I PL 240-26 01 N v 2 MOSS, RAY 70 HARASSMENT 2ND j $6- 0672 MOSS, RAYMOND B6- 12512 -99. {A VTZI 1126A N MOSS,RAY 03/20/1-97, SUF 71-09:L145.2 MOSS, RAYMOND 71-D87os-99 1A MOSS, RAY 1 VTL 2-111D1 I PL 22 1 E; 12 N PL 120.10 01 N 1 PL 120.10 ai N 4 1 0 F a SHARON A. THOMAS CHIEF CLERK , %Mar CITY COURT OF BUFFALO 50 DELAWARE AVENUE BUFFALO, NEW YORK 14202-3898 TO WHOM IT MAY CONCERN .(716) 845-2689 FAX: (716) 847-8257 Your .case has been HELD FOR THE GRAN JURY, or DISMISSED FOR DIRECT PRESENTMENT TO THE GRAND JURY, or TRANSFERRED TO ERIE COUNTY SUPREME COURT, from Buffalo City -court. It also shows an INDICTMENT NUMBER issued . by ERIE COUNTY SUPRE ME-_.. COURT. Therefore - You must check with the ERIE, , DUN TV CLERKS OFFICE(At�ons & Proceedings) AT 25 D. A e.; Buffalo, NY 14202 (716)858-8785, for your FINAL Disposition SUPREME COURT INDICTMENT NUMBER. regarding a BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK VS MOSS,RAY DEFENDANT --------------------- - - - --- 160 WENDE ADDRESS - � -------------------------- BUFFALO, CITY - `___----- STATE---- - - - - -- - -- ZIP noc NUMBER; 118449 DATE OF BIRTH - - 0 02120331Y - NYSID NUMBER `- - - - - -- 0 3/30/1986 DATE OF ARREST /ISSUE - KET NUMBER: 86F -22922 SUMMONS NO: 220.26 VTL 1126 VTL 1111 ----------- ------- - - - - -- ARRAIGNMENT CHARGES -------------------------------------- - - - -_- CASE DISPOSITION INFORMATION: DATE - -- COURT ACTION 04 /29/1986 EG U -------------------- -- -- - -- NUDGE PART LORUSSO,A --- ` - - -'- - TO ERIE COUNTY SUPREME COURT INDICTMENT # : f j (v -9(o I HEREBY CERTIFY THAT THIS IS A TRUE EXCERPT OF THE RECORD ON FILE IN THIS LOUR , - ---------- - - - - -- _ 0 1/30/2012 COURT OFFICIAL SIGNATURE AND SEAL --- - - - - -- FEE: 5,00 DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL.OVER THE SIGNATURE OF THE COURT OFFICIAL.) rder to Seal 160, 50 Cpl, i City of Buffalo NEW YORK CITY COURT w tc ;- CITY COURT OF BUFFALI:.4,r., .d^ COUNTY OF ERIE The people of the State of New York vs p Docket # Defendant' NYSID # Date ! �3 0 . Address Judge Presiding Ho n.. Date of Bi rth Sex Charges L Q'j� Arrest Date Precinct Arrest Number In a name of the People of the State of New York. To the Commissioner of the Division of Criminal Justice Services To the Commissioner of the Dept, of Correction ( the District Attorney of the County of Erie ( I) � the Police Commissioner of the City of Buffalo (} To the Sheriff of the County of Erie. The above - captioned Criminal proceedings having on —1 — 79 9 (, s been terminated in- favor of the person named therein in accordance wii;h subdivision 2 of Section 160.50 of the Criminal Procedure Law, it is, ORDERED That the provisions of Section 160.50 of the Criminal Procedure Law be complied with, K ,j - '. A true extract from the mi.nute . Name: . &9 2 COURT CLERK Sign Lure. Criminal Records Division . Address: City Court of Buffalo BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK NUMBER: 118448 VS MOSS,RAYMOND --------------- - - - -- DEFENDANT DATE OF BIRTH -- - ~- - ^- 290 BISSELL -- - - - - - - - - - - - - - - - - - - - - ^- --- _____ -_- ADDRESS NYSTD NUMBER BUFFALO NY 09/16/1995 ------------- -- ---- ------------- �------ �--- - - - - -- CITY STATE ZIP - -- DATE OF ARREST /ISSUE DOCKET NUMBER: 95V- .16648 SUMMONS NO: 240.25 - -------- - - - --f ----- - - - - -- -------- - - - - -- --------------------=----------- ARRAIGNMENT CHARGES - - - -- CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART -- ------------------------ - - - - -- ---- - - - - -- 10/03/1.995 WO -S ANDERSON,M - - - - - -- - 7A - - -- 10/11/1995 W0 OGDEN,EJ 2 12/20/1995 ROW RUSSELL,R 3 01/31/1996 RESV CAL RUSSELL,R 3P 02/16/1996 .D- 160.50 RUSSELL,R 3 CHMS 19SUSSED AND SEUD NO PUBLIC RECORD I HEREBY CERTIFY THAT THIS IS A. TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. I jr ^ "� 01/30/2012 -- FEE: 5.00 COURT OFFICIAL SIGNATURE - AND - SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL,) q .. BUFFALO CITY COURT OF ERIE COUNTY THE PEOPLE OF THE STATE OF NEW YORK NUMBER: 118448 VS MOSS,RAYMOND --------------- - - - -- DEFENDANT DATE OF BIRTH -- - ~- - ^- 290 BISSELL -- - - - - - - - - - - - - - - - - - - - - ^- --- _____ -_- ADDRESS NYSTD NUMBER BUFFALO NY 09/16/1995 ------------- -- ---- ------------- �------ �--- - - - - -- CITY STATE ZIP - -- DATE OF ARREST /ISSUE DOCKET NUMBER: 95V- .16648 SUMMONS NO: 240.25 - -------- - - - --f ----- - - - - -- -------- - - - - -- --------------------=----------- ARRAIGNMENT CHARGES - - - -- CASE DISPOSITION INFORMATION: DATE COURT ACTION JUDGE PART -- ------------------------ - - - - -- ---- - - - - -- 10/03/1.995 WO -S ANDERSON,M - - - - - -- - 7A - - -- 10/11/1995 W0 OGDEN,EJ 2 12/20/1995 ROW RUSSELL,R 3 01/31/1996 RESV CAL RUSSELL,R 3P 02/16/1996 .D- 160.50 RUSSELL,R 3 CHMS 19SUSSED AND SEUD NO PUBLIC RECORD I HEREBY CERTIFY THAT THIS IS A. TRUE EXCERPT OF THE RECORD ON FILE IN THIS COURT. I jr ^ "� 01/30/2012 -- FEE: 5.00 COURT OFFICIAL SIGNATURE - AND - SEAL DATE (CAUTION: THIS DOCUMENT IS NOT OFFICIAL UNLESS EMBOSSED WITH THE COURT SEAL OVER THE SIGNATURE OF THE COURT OFFICIAL,) i *CE"l CITY COURT OF BUFFALO 50 DELAWARE AVENUE BUFFALO, NEW YORK 14202 -1898 January 30, 2012 RE: Raymond Moss DATE OF BIRTH: 6/15/37 DATE OF ARREST: 3130171 THIS IS TO CERTIFY: That ALL CRIMINAL RECORDS of the CITY COURT OF BUFFALO, prior to JANUARY 1, 1974, have been destroyed in the normal course of business pursuant to the Rules of the Chief Administrator of the Courts part 104, also 22 NYCRR 104, Record Retention. Therefore, we are unable to determine if the above case was heard in Buffalo City Court, or provide a certified disposition since all criminal records, including the Record of Court Activity for the date(s) above, have been destroyed. Sincerely, Sharon A. Thomas Chief Clerk 1 7105 BUILDING KEVIN FITZGERALD C -RAY ;ED CAR DEALER 92 BAILEY MVEJOY COUNCIL DISTRIC`F AYMOND MOSS D12- 10024713 '7; ------------------------------------------------------------- -------- :OMPLETED BY AGENCY/DEPARTMENT REFERRED TO) .OWED FOR DISAPPROVAL MUST BE STATED BELOW" RM# 2 4 � V EXT FIRE CHIEF MARK MORGANTI C -RAY ED CAR DEALER )2 BAILEY VEJOY COUNCIL DISTRICT AYMOND MOSS 6 0 3 -- 9 S D12- 10024713 ------- - - - - -- ----------------------------------------------- :OMPLETED BY AGENCYIDEPARTMENT REFERRED TO) ,OWED FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# EXT BUSINESS LICENSE APPLICATION fee fee $262.50 © Tire Handler I $119,00 Tire Storage Information 10 -1000 tires $218.00 © Tire Handier r I[ Inside Storage — yes — no $262.50 over 1000 tires; Include NYS Environmental Outside Storage _yes _ Conservation Law Part 360; Storage plan and $ 78.75 General Liability Insurance at least $50,000 0 Flee Market fee both for personal injury and property damage, 1 -10 tables $ 78.75 6262.50 must contain 10 day cancellation clause with 11 -25 tables $155.00 the certificate bolder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, BuffaioNY 14202 Business Phone ( -//4 -_�� Business Fax (7/0 9EX 9 - 2? — Ay I Business Website E -Mail - Home Phone' f ptable) ZO F-)o n) z Place of Birth Home Phone )table) Place of Birth ivity in detail. I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatem of any nuisance activity at or associated with the business. 4,s an authorized agent of the entity identified above, I certify the information on this Form is true , lete and current to the best of my knowledge and belief. P rej Lem be, and the above communication from the Commissioner of omic Development, Permit and Inspection Services, dated ,ceived and filed; and ssioner of the Department of Economic Development, Permits s is hereby authorized pursuant to Chapter 254 of the City Code ler License to Raymond Moss d/b /a C -RAY, located at 2292 *AYE *NO FONTANA I+WCZYK GOLONMEE LOCURTO .. RUSS= SCANLON 213- 6,�� 314- 7 [ISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS )UNCIL: 02/15/2013 Administration and Finance [:Second Quarter Gap [:2012 -2013 ANY) for the City of Buffalo, Buffalo Board of Education, Buffalo Municipal Housing ewal Agency --cam S L�� imissoner of Administration, Finance, Policy and Urban Affairs iE COMMITTEE SCE. SSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING UNCIL DATE: February 27, 2013 imunity Services DIVISION: Contract Administration approve up to $200,000 in CDBG Funding under a subrecipient Pith the Buffalo Urban League, Inc. NCE: (IF ANY) nla enter into a subrecipient agreement with the Buffalo Urban League, Build Program through a grant from the City of Buffalo of $200,000 o Urban League's YouthBuild Program provides training in as educational and social supports needed to prepare up to derate income City of Buffalo residents ages 17 -24. s designed to provide better access to employment by improving s, life skills and education. The program also gives participants to D and to learn other soft skills that will better prepare them for the participant will spend 50% of the time in classroom training or ;r site or site - simulated training. The program will operate fora 12 ivary 1, 2013. administered the YouthBuild Program in the previous year through a Pity of Buffalo. The Buffalo Urban League was selected through a I by the Buffalo Urban Renewal Agency in 2011. The program 133 of 40 participants securing employment with companies such ive Workforce and Home Depot upon completion of the YouthBuild :xpects to achieve the following performance outcomes from youth nonstrate literacy and numeracy gains as measured by grade level; yin a GED or high school diploma through the YouthBuild Program; placed in employment, post - secondary education, occupational military; will be retained in employment for a minimum of 6 months after $200,000 CDBG Year 36 -50413 Employment Training Funds n funds to contract with various community based organizations to vent training in the areas of pre - employment skills, numeracy ', the Executive Director of the Office of Strategic Planning and or the er of Community Services and Recreational Programming to mt in form and substance as set forth in the agreement attached to said agreement to be negotiated to finalization and approved as to luffaio Corporation Counsel. '.ity and/or Buffalo Urban Renewal personnel to take such steps and ate such documents and agreements as shall be necessary to Late the objectives of the program described in the subrecipient IE: Otis T. Barker, Sr. er luffalo Urban League (BUL) YouthBuild is to provide training in as educational and social supports as needed to prepare 20 eligible fy of Buffalo residents who are out of school youth, ages 17 -24, for id economic empowerment through employment. provide pathways to jobs by improving levels of workforce skills and force to employment needs and directing career paths to job ver a 12 month period, beginning January 1, 2013 — December 31, increased educational attainment, improved construction skills :ment for 20 eligible individuals. A Case Manager will develop a lored to each individual participant including: identification of an lists each youth to increase the academic achievement level from :nrolling in college; in addition to the construction skills training. The 7L) program design balances in- school learning, geared toward ional credentials and construction skills training, geared toward ith. lager will oversee the construction skills training program. Some i training will be provided through a subcontract arrangement to jalified, certified, motivational trainers with expertise in a variety of a part of the work site training, participants will work with industry mmunity projects. Building science and Green energy efficiency will ensure the skills developed are in demand. Participants who iraduate with quantitative knowledge, marketable credentials and a i for each participant is expected to be a maximum of 12 months, anal and social supports required, including: GED preparation, itial (WRC) preparation and testing, construction job training (with nd high demand occupations), job placement or post - secondary to 180 days of placement follow up (including career coaching and i be comprehensive, personalized, customer friendly and culturally services will be delivered and monitored through an intensive case on establishing and maintaining relationships with the participants e provided with the basic construction tools and safety equipment 3. The participants who successfully complete the program and OJT, apprenticeship or college, will be given their basic tool kits as place Monday - Friday, 8 am- 4:00 pm, with a half hour lunch. 's including evenings will allow participants to take advantage of ities when it is appropriate. Lured so that participants spend 100% of their time in a learning pant's action plan will vary but overall it is anticipated that the he time in classroom training or activities and 50% on either site or L will offer two, 400 -hour cycles of training, serving up to15 12 month period. Bcruiters from our local partners including PUSH Buffalo, Buffalo enter (BETC), St. John Baptist Church, West Side Ministries and y eligible youth through direct contact and distribution of materials :d about the program design and expectations so that they serve as potential applicants. In addition, word of mouth, flyers and ;al papers and on radio about the program will be used as participants will be invited to a program information session. ;sion — A detailed overview is given of program expectations (i.e. Dning) with question and answer time to discover participant's �n session serves as the second line of screening for participants. will participate with an additional information session to assist ie educational and career opportunities that are available to them. 1g: t/Occupational Literacy Assessment — Will be conducted to ensure pacity to perform, and check ability to read a tape measure. sessment — These are scheduled during the information sessions education /remedial assistance required to ensure the potential ipacity to successfully complete the program. iiew Session — An interview will be conducted with each applicant to , ss to be in the program and to provide the participant some in focus, the instructorslcontractors give a brief presentation of their if work to assist participants in determining their career goals. in opportunity to enroll into a trade concentration such as carpentry, aping and others. The smaller size of each trade concentration group ands on time to ensure the necessary skill development progression Da of interest. Participants will be informed about their educational and be connected to EOC to pursue the identified opportunity. rnent- The Buffalo Urban League will provide the educational )uth to acquire their GED and have the educational foundation to be nployment. Our model is designed support the youth with and GED certification. The program will be designed with maximum ie integration of classroom instruction, career development and job Aicrosoft Training and Certification ure Job Readiness (soft skills education and training) National Work Readiness Credential and Exam Certification for ;rs over 4 workshop sessions. The National Work Readiness tification of work readiness for entry -level work as defined by - ssment includes four modules - situational judgment, oral language, anding, and using math to solve problems. ction will include pre - assessment, formal classroom instruction, g and using the EOC ATTAIN lab, open access to lab based reinforcement and advancement according to individualized iupport- After the orientation each participant will meet with the in action plan that provides the framework for their participation. tional attainment, job skills, career identification, utilization of a I service supports required for success. Throughout the program, le counseling and support services to each participant. The case nunity partners to access services needed by each program ort, each participant will receive a stipend during the training cants will be eligible to receive incentive payments as they achieve ieir action plan (i.e. perfect attendance, GED acquisition or a job, etc,). Buffalo Employment and Training Center will provide Nages for program participants that meet the eligibility .ong standing referral and partnership agreements are in place League and the workforce development system, social services, lnited Way and other community and faith based partners which will as required. ;raining- The participant's classroom training will begin before a fork site. Participants will start with classroom or computer ig on their trade focus area. This is also the point where the safety training (i.e. site safety 1 conduct, tool recognition, first aid, gated as a positive reinforcement for managing studies. The topics to on training include: uction to Residential Housing Construction uction & Green Job Site Visits nt, Job Site Visits conditions, OSHA compliance, Right to know law, Hazardous adder usage, scaffolding sssions will provide an overview of residential construction methods. nclude: Common construction, demolition and renovation practices, usage, job safety, rough framing and finish techniques. id demolition oors ig, Plastering asonry readiness /job seeking skills, appropriate work ethics, and basic d math throughout the course of the program. The participants will ling to apply all skills learned in the classroom. A combination of ining is expected to take place a minimum of six (6) hours daily. and Planning. This workshop will engage customers in a process erests, values, and skills to try and identify potential career areas sue. This workshop is specifically designed for those who have ice or for those who are exploring a new career. hat Work. This workshop will instruct on how to uncover the )w to learn to find and target employers; and how to effectively �ch. ies. This workshop will teach how to evaluate skills (personal, - elated) in order to articulate them to an employer during a job ssed will be different ways to prepare for a job interview including ,k and which ones you should be prepared to answer. ow to Write a Cover Letter. This workshop is designed for it currently have a resume. Different formats of resumes will be mation to include and where to put it. Sample resumes will be s the various types of cover letters, the proper format used and the Shen applying for job openings. We will also discuss follow -up and ent and Review. This session will have a staff person develop and -on -one. Customized cover letters are also developed and ime. Job Hunting. This workshop is designed to teach how to create earth the best jobsites. nputers & Keyboarding. This workshop is designed to introduce computer such as how to navigate in a Windows environment. learning the keyboard. - d Processing in Your Job Search. Learn the basics of Microsoft print and save your resumes and cover letters. yment. This workshop is designed to help individuals recognize id give practical ways to deal with the effects. n the Buffalo Urban League's experience in its current program idual's need high quality and consistent support in order to e behaviors, which are required to obtain and maintain uilds on this experience by continuing to focus and reinforce les (soft skills) which will allow the individual to move into an I demonstrating responsible behavior and responsibility for their life fen scheduled and on time (attendance and punctuality). -s as part of a team (teamwork). cing life /work issues (personal time management). :Ills iugh having acquired basic reading, math and computer literacy blems. II provide the necessary steps to ensure that appropriate support to-facilitate a smooth employment transition. This will be with collaborative and intra agency service providers to address Is including: eds al counsel sport payments ances final matters I support it support ion compliance ante abuse kens) or gas to get to job interviews i costs to get to place of employment (until first paycheck) ds airs oration of licensing privileges due to vocation or suspension rking fees or fines id Mediation Services II receive certificates to substantiate their completed training along - nding performance that deserves recognition. Participants who ty to experience an actual cap and gown ceremony with other EOC )rksites to receive the hands on instruction, regular evaluation and he program staff will provide daily logs of the activities and progress Bible for collecting all evaluation information and maintaining all cation in the participants' files. naking progress or having difficulties in the education, social and/or he program, additional resources will be made available within the mmunity resources. Program participants who make satisfactory cams and through evaluation of their work performance will be ment: The Buffalo Urban League program staff will coordinate with �H, St. John Baptist Church, Citizen's Alliance, Olmstead Parks, area contractors and home improvement businesses as well as the upon graduation for job search and placement assistance to ;fforts. There will be multiple strategies to ensure employment of the program. Key to the employment is working with area ts. This effort began with the planning of this program. The Buffalo nted its employer support of the program in the planning, training 5. We will continue to build these relationships with the employers iroughout the program. in League and EOC have an Employment Services unit as part of Tres. Both organizations have staff consisting of employment career advisors and counselors. The members of these units are ant trends research and supported and advised by both Board and vho represent various sectors of the local business community. to the program will work with employers to create a dialogue that range of information and follow -up to define career opportunities for ig some members of the employment community to open up entry uth will be greatly encouraged. staff is out stationed at the One Stop Center to further facilitate raduation each participant will develop an action plan with the Case al next steps. Next steps may include employment, application to a ceptance into a pre- apprenticeship program etc. Up to six months Iram, follow up services may be provided to assist the participant in plan. Follow -up is essential to the success of the overall project. Ihi hoeorl nn fha naarlc of fha inrlivirli ial nnrFirinanf Racarl nn hact or school, and helps with immediate problem solving that can I longer -term follow -up sessions, requiring case management. Staff at least once every two weeks and conduct a home or site visit at a contacts may be necessary if a problem is presented. (2) Case �eling, which facilitates access to needed support services, income lance and education. Case management may involve several individuals obtain services especially when there are numerous ,e- employment services are also a critical component of follow -up. frequent job loss will require staff to help individuals find other attending to the issues that impede steady employment and higher hrough local resources may include access to quality, affordable portation assistance, clothing assistance, and one -time emergency oyment Services will include workplace assistance that helps zonal and work - related challenges that surface once they are ;ante includes support groups, job skills workshops, coaching and ison services. The goal of these activities is to promote employee I Outcomes: BUL expects to achieve the following performance implete the program: 50% of youth will demonstrate literacy and d by improvement of one grade level; 50% of youth will attain their 70% of youth will be placed in employment, post- secondary training, or the military; 75% of youth placed will be retained in )f 6 months after placement. Total Personnel 129,703.00 1,300.00 225.00 65.00 500.00 425.00 4,250.00 2,300.00 2,400.00 350.00 2,642,00 1,950.00 1,218.00 earning Component 8,750.00 i 15, 000.00 4,950.00 800.00 235.00 13,500.00 2,800.00 application fees, tools & books 2,500.00 1,857.00 280.00 2,000,00 200,000.00 approximately $165,000 in matching in -kind funds to support the activities of this mnnuai FTE Salary Youthbuild 100% 45,000.00 45,000.00 100% 30,000.00 30,000.00 100% 25,000.00 25,000.00 Total Salaries 300% 100,000.00 7,650.00 1,989.00 1,200.00 17,304.00 130.00 1,400.00 30.00 Fringe Benefits 29,703.00 Total Personnel 129,703.00 1,300.00 225.00 65.00 500.00 425.00 4,250.00 2,300.00 2,400.00 350.00 2,642,00 1,950.00 1,218.00 earning Component 8,750.00 i 15, 000.00 4,950.00 800.00 235.00 13,500.00 2,800.00 application fees, tools & books 2,500.00 1,857.00 280.00 2,000,00 200,000.00 approximately $165,000 in matching in -kind funds to support the activities of this be, and above communication from the Department of Community , 2013, be received and filed; ouncil hereby authorizes the Department of Community Services to 'rogram through a grant from the City of Buffalo of $200,000.00 in 'ommon Council hereby authorizes the Mayor, the Executive ategic Planning and/or the Deputy Commissioner of Community rogramming to execute an agreement in form and substance as set ously submitted to the Common Council on February 27, 2013, said :o finalization and approved as to form by the City of Buffalo ouncil hereby authorizes pertinent City of Buffalo and/or Buffalo i take such steps and actions and to execute such documents and >sary to implement and facilitate the objectives of the program t agreement. * AYE * NO * * FONTANA * FRANCZYK * WCURTO * PREDGEN * RIWERA * RUS LL SCANLON Smrm * * * M6j -5 314- 7 ,OM THE ZONING BOARD OF APPEALS �t at a meeting of the City of Buffalo Zoning Board of Appeals held at , 65 Niagara Square, Buffalo, New York, on the 20 day of February )pted of which the following is a true copy: Chairman �ution was introduced: ust 3, 2012, Ciminelli Real Estate Corporation as agent for F.L.C. 50 oilectively "Applicants ") and as amended on January 14, 2013, q. of the Charter and Code of the City of Buffalo ( "Code "), submitted ided Letter of Intent ("LOI" ), respectively, including exhibits attached rlo Zoning Board of Appeals ( "ZBA "), in furtherance of the krea Variance for the proposed Conventus Medical Office Building ter referred to as the "Project ") located at 1001 Main Street, Buffalo, and, licants have provided information in the LOT supporting the request ie proposed height of the MOB; and hearing was held on the matter on February 20, 2013 at 2:00 p.m. rated the design details for the Project; and L has fully reviewed and discussed this matter; and L has, pursuant to Code §511 -146 et. seq. and New York General City viewed the Application materials for the Project and after discussing Lpprove the requested Area Variance; and t to the State Environmental Quality Review Act, Article 8 of New ;rvation Law and 6 NYCRR Part 617 ( "SEQRA "), a governmental to taking action on an application, to undertake an environmental ,ss whether the action has the potential to have significant adverse Applicants have prepared a Draft Environmental Impact Statement ,he Applicants, as a result of a change in the proposed location and l a Draft Supplemental Environmental Impact Statement ( "DSEIS ") vironmental Impact Statement ( "FSEIS ") reflective of the changes in � attu ror_t3 anu aeeme tnem comprete. in aauinon, the Applicants 4 to the ZBA as Exhibit "H" of the aforementioned Letter of Intent, a - - nent Form ( "FEAF "), specifically for the Project to assist the ZBA in pacts of this request; the DEIS, DSEIS, FSEIS and FEAF all set forth analysis on the scale and location of the proposed MOB and the jacent uses; and L has determined that the potential environmental impacts associated re minimal in light of the surrounding development at the Buffalo nd any negative impacts have been minimized to the greatest extent 'the proposed building. iE IT RESOLVED BY THE ZONING BOARD OF APPEALS, pursuant to and New York General City Law §81 - as follows: its are seeking an Area Variance for the height for the proposed Wilding located at 1001 Main Street, Buffalo, New York. Section its the height of the structure to the distance from the structure to the (which in this case is 66' to the opposite side of Goodrich Street) he MOB is 127' ±. Thus, the Applicants are seeking a height variance has made the following determination with respect to the rea (Height) Variance for the Project: the Urban nature of the Project Site and the height of adjacent ares, the requested Height Variance, while nominally significant, of have a significant adverse impact upon adjacent properties or the ;ter of the neighborhood; and he only other means by which the Applicants can meet their space ements of approximately 503,000 sq. ft. of the Project Site without guested variance, would be to go sub -grade at a substantial cost; and n an Urban setting like the Project Site, the requested height is not ntial; and he requested Height Variance will not have an adverse affect or t on the physical or environmental conditions in the neighborhood or t since it will permit significant beneficial design elements to be orated into the structure; and .u14.V vvui CU LWgUl 14.11ti1. m a uU«ox ucair,ii%,u yivJ;;ALL wactVAx 11U1 M/ -rb ,cts upon adjacent properties. foregoing reasons, the ZBA approves the requested Area (Height) the MOB. olution shall be effective immediately. 'ED by the City of Buffalo Zoning Board of Appeals on the 20 day Ord of Appeals Certification of Votes] 'ED AND FILED Findings Statement - 1 ;q ] 41 Findings to Approve ironmental Quality Review Act - SEQRA) of the Environmental 'R Part 617, the City of Buffalo Zoning Board of Appeals makes the Tiagara Medical Campus — North End Development is Medical Office Building state Corporation as agent for F.L.C. 50 High Street Corporation ositive Declaration Le Applicants are proposing to construct approximately 503,000 sq.ft. f, 7- ( "MOB ") on the east side of Main Street bounded by Goodrich Street to :h and Ellicott Street to the east in Buffalo, New York ( "Project' , Buffalo, New York ( "Project Site ") Gffalo Planning Board rsuant to §511 -146 of the Charter and Code of the City of Buffalo ( "Code ") r §S 1 -b, the City of Buffalo ZBA has jurisdiction to consider variances Buffalo Zoning Code. Here, the Applicant is seeking an Area Variance in §511 -41 of the Code. The proposed height of the MOB is 127'± and the its the height to 66' (based upon the distance from the structure to the -onmentaI Impact Statement Accepted: June 21, 2 ig office of Strategic Planning -k 14202 -5086 )pment and the Buffalo Niagara Medical Campus submitted various o (City) associated with the BNMC -North End Projects. SEQRA requires -ss the potential environmental impacts of their actions during the raking processes for those actions. The public (City, County and State) or the individual BNMC — North End Projects constitute the "Action" ' SEQRA is to ensure that governmental decision - making is a balance of ntal factors be considered and weighed in reaching decisions on proposed agencies must determine whether a proposed action may have a significant so, prepare or request that an environmental impact statement be prepared. 3uffalo Planning Board ( "Planning Board ") determined that the Action ad received concurrence from other Involved and Interested Agencies to pptember 23, 2008, the Planning Board determined that cumulatively, the Zpact upon the environment and issued a Positive Declaration, requiring DGEIS in accordance with the Planning Board- approved Scope. d submitted the DGEIS to the Planning Board for review. On October 7, ie DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a to begin public and agency review. The DGEIS was provided to all and to the public at various repositories and on the City of Buffalo's omment period began on October 7, 2008 and concluded on November DGEIS was held at the Buffalo & Erie County Public Library on - :ss was received in the form of written comments to the Planning Board :rind and as oral/written comments received during the public hearing. Lat all the comments should be addressed in the form of a FGEIS. After ring Board requested that the Project Sponsors prepare the FGEIS. b)(8), the Planning Board reviewed the FGEIS prepared by the FGEIS was complete on January 13, 2009. On January 15, 2009 the ;d and Interested Agencies and to the public at various repositories and on FGEIS addresses specific substantive comments raised during the public igation measures which should be used to minimize potential negative aximum extent practicable. lion and scope) has been modified from its original proposal, so a DSEIS tial change in the impacts analyzed as part of the original SEQRA review anges, on September 10, 2010, CiminelIi Real Estate Corporation ("Project e and a Full Environmental Assessment Form ( "FEAF ") to the Planning �w of the MOB as proposed. The Planning Board agreed with this 2010, accepted the draft scope for the SEIS. On November 23, 2010, a ment was accepted as complete by the PIanning Board. A public hearing Aber 21, 2010. The public comment period for the project was open until r in this process, received and reviewed all of the documentation cited pplicants submitted a Site Plan and Area Variance Application ffalo Planning Board and Zoning Board of Appeals. The Application was 3 to remove the hotel component of the original Application and make the building. The Application included the aforementioned Letter of ssment Form and other relevant exhibits to the Zoning Board of Appeals. gilt Variance for the approximately 503,000 sq. ft. ± mixed use medical tal Quality Review Act, Article S of New York Environmental Part 617 ( "SEQRA' ), a governmental agency is required, prior to taking v the potential environmental impacts of a project to assess whether the , ifcant adverse environmental impacts. The Project Sponsors prepared a act Statement ( "DGEIS ") and Final Generic Environmental Impact e North End Development on the Buffalo Niagara Medical Campus. The in the proposed location and size of the MOB, prepared a Draft act Statement ( "DSEIS ") and Final Supplemental Environmental Impact 'the changes in the Project. Pursuant to the processes set forth in the Board's Findings Statement, the Applicants have prepared and submitted ?AFs specifically for the construction of the MOB to assist the ZBA in Project. The DSEIS and FSEIS also specifically analyzed the potential posed Project and at this location and found that the impacts were -- - - o — a - o ivironmental impacts associated with the size of the structure, and by aariance. CONCLUSION ;nvironmental, economic, and social impacts of the proposed MOB, and ieight variance, the City of Buffalo Zoning Board of Appeals is approving e feasible, prudent and practicable alternative which best balances d, economic, and other essential considerations, and that allows for npacts to the greatest extent reasonable and practicable. GEIS, the original Findings Statement, DSEIS, FSEIS along with the I supporting FEAFs, and having considered the proceedings, facts, and requirements of 6 NYCRR Part 617 (State Environmental Quality Review Bindings certifies that: o Zoning Board of Appeals has considered the relevant environmental conclusions disclosed in the DGEIS, FGEIS, DSEIS, FSEIS and the FEAFs gg materials; D Zoning Board of Appeals has weighed and balanced the relevant acts with social, economic, and other considerations; o Zoning Board of Appeals has provided a rationale for its decision; )f Article 8 of the Environmental Conservation Law and the implementing ;RR Part 617 (State Environmcntal Quality Review Act [SEQRA]) have ,ial, economic and other essential considerations from among the ives available, the actions to be carried out are those which avoid or aximum extent practicable, adverse environmental impacts disclosed in , DSEIS, FSEIS and the FEAFs; and mmental impacts will be minimized or avoided to the maximum extent rporating, as conditions to this decision, those mitigating measures which rracticable in the Planning Board's Findings Statement dated January 27, of Appeals' designees are hereby directed to file and distribute this Article S of the Environmental Conservation Law and the implementing hate Environmental Quality Review Act [SEQRA]). 20, 2013 rd of Appeals 7 - Rev. James A. Lewis, III licia.l Name of Responsible Officer February 20, 2013 l Date dd of Appeals, 901 City Hall, 65 Niagara Square, Buffalo, New nvironmental Conservation 'ansportation ,alth tecreation and Historic Preservation )f New York Health and Substance Abuse Services athority (NFTA) nment and Planning Health Office Moil ennit and Inspections - lie Works) Appeals tion Board :NB) (DEC) IS W W U H U W H O w Minutes Tuesday, Jan uary 29, 2013 :e: Douglas Coppola, Gerald Chwalinski, Eleanor Paterson, E?d: James Magavern. Guest: Mary Baldwin, Deputy City Clerk. imittee met and renominated Doug Coppola and James DE reappointment. In Judge Hannah's letter to the Mayor, itial should be "S" not "R ".. Also nominated to fill the vacancy is Horned. The BOE reviewed Ms. Horned's resume and will await icfion. Doug explained that the Mayor has a certain time o act, submit his recommendations, and then, it goes to the il. Gerry will check on the status. Disclosures for 2013 had a submission date of 1/31/13. This ad by the BOE to 2/28/13. Per Sharon Adler, Clerk's office, ployees and boards have submitted one. Sharon to follow up ig forms. Cavette & "cc" Tim Ball regarding the Law Department t of the City Code (Section 12 -24) with reference to the ar after an Employee's separation of service with the City. 20, 2012 minutes. Next meeting will be scheduled . Meeting adjourned. mil �.s it" W%—. TW_ /1TPr._ - r / w T' Wx - es cx �L =az A fM'/T w�lar T�11Y1 �rrtr+sr*rt'YrYas�•N� srClT 7l�t lrTT. ir RMITTING ENTRY OF P ATRONS TENDER AGE 21 WHERE ►e Code of the City of Buffalo, the undersigned hereby makes tii 'u'Fi C r _i. iuiiiu.:: iiii Fv vi .:L tiYiliiv nd over. !ANT nnn r ME EVENT? ' (CHECK ONE) 'YES - NO VIE 'EVENT 211 3 LTG EVENT (CHECK ONE) YES NO TJNG P.V'PNT ?LE ANTICIPATED TO ATTEND 3,53 f'/, i END TIME OF EVENT CT'A AT' I D per . ATTI y�i ty plan for maintainijag order and patron safety d uring this event: Am-c,2ikr ' SG its _ 91 lr �; n ti c A Iz ill rt is -c t i %? -e lt? Pa 4wAt GW6r 2 1 CaraS'.,�w�rrc^_ Pees will be on the premises'during the event to maintain order? SECURITY BE CONTRACTED FOR THIS EVENrl N d )F -SECURITY C.ONTRACTOR N/� 1EALTH DEPARTMENT NO, ISITG� k -_ SZX�� filing a false instrument I declare that the above statements are is application, 75 W. Chippewa (Ell) be, and the above communication the Office of the City Clerk of 3, be received and filed; and z for a restricted use permit in the downtown entertainment review patrons under the age of 21 where alcohol is served at an event to approved upon the following conditions: e age of 21 will have black Xs on both hands nd over will have a wristband indicating that they are 21 and /or over nembers will be on duty to ensure the safety and wellbeing of all III be patrolling the venue at all times Aband policy will be in effect *AYE *NDO FONTANA FRANCZYK GOLOWEK * . * * LOCURTB * PRIDGEN RP/M RUSSELL SCANLON � M;pj - 5 * ;� 213 314- r iF T - - p - r 1 RMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE ic Code of the City of Buffalo, the undersigned hereby makes r " j , -Y U1 n ivi a pt-fil.i. -ed, rra=^21Ce nr patramsundmL and over. " ANT ffmnA 5 'a q I-e ME EVENT? '(cHEr-K ONE) YES - NO VIE EVENT RING EVENT' (CHECK ONE) YES No Z LRJNCT F.VPWT PLE ANTICIPATED TO ATTEND I END TIME OF EV MR- MID ty Plan for maintaining order and patron safety during this event: / $A" c[ G Aq 1( ' 4 6nj £. 'Li �C /!_cY te�. S [r_'� !l fi r.z� ill )F IS ,.r 4 an-C Jr�iwlaa.! yees will be on the premises the event to maintain order? SECURITY BE CONTRACTED FORMS EVENP )F •SECURITY CONTRACTOR N r � ltt; LIQUOKAU iHUMI x jriviitv aev. 3 /5-6 57V7 1EALTH DEPARTNIENT NO M TIA k- FZ X-TC filing a false instrument I declare that the above statements are us a6&atior<. URE - C�ii�piuA S� 70 7178 75 W. Chippewa (Ell) be, and the above communication the Office of the City Clerk of 3, be received and filed; and 1 for a restricted use permit in the downtown entertainment review patrons under the age of 21 where alcohol is served at an event to approved upon the following conditions: e age of 21 will have black Xs on both hands nd over will have a wristband indicating that they are 21 and/or over nernbers will be on duty to ensure the safety and wellbeing of all ill be patrolling the venue at all times 3tband policy will be in effect * AYE * NO FONTANA � * PRANG * GOLOWEK WC!URTO * PRIDGEN RUSSELL SCANLON smm * * * 213- 6 * R 314 - 7 * ,� A rr "r nT r 7T1[ P - K "T Ln ITM' 'MU r l - Mn�2 - ,,T.rV , .'n T7 T. T-,-. IMMING ENMY OF PATRONS UNDER AGE 21 WHERE Le Code of the City ot'Bufthlo, the undersigned hereby makes i L.v'aissl xi vi ..." _� r - a 4 . t=;—ILY M �U_Iaxu III.— a nd over. "ANT (A r Ail ME EVENT? ' {CHECK OM) YES - NO ,4F, t 3 1 UNG EVENT (cimcit ONE) YES NO ?LE ANTIC MATED TO ATTE 57 pe END TIME OF EVENT S qT i END P ei Mp ty plan for maintaining order and patron safety during this event: if c F t1 R i s .c of OAe Jri`sllaN,! �ils %h •CP40/ A r2tzJrrl Ake rwuoag� A? 21 yees will be on the premises'during the Event to maintain order? SECURITY BE CONTRACTED FOR THIS EVENT? 1J d )F-SECURITY CONTRACTOR iTE LIQUOK•AWHOlUl x l..t: 3 V! [EALTH DEPARTMENT NO. MR4 S1}Ic filing a faire instrument I declare that the above statements are as application. URE MY 70.- 717,q 75 W. Chippewa (Ell) be, and the above communication the Office of the City Clerk of 3, be received and filed; and i for a restricted use permit in the downtown entertainment review patrons under the age of 21 where alcohol is served at an event to approved upon the following conditions: e age of 21 will have black Xs on both hands nd over will have a wristband indicating that they are 21 and/or over nembers will be on duty to ensure the safety and wellbeing of all III be patrolling the venue at all times ,tband policy will be in effect *AYE *NO FONTANA IWCZYK * - GULUMBEK LQCURTO PREIICEN RIVERA RUSSELL SCANLON Maj - 5 * ,� 213- 6 M - 7 ,� Liquor License Applications imunications from persons applying for liquor licenses from the n of Alcohol. Beverage Control Board. Business Name Owner's Name Club 1210 Club 1210 Bacchus Wine Bar Mietus Enterprises. LLC Pandora Grill Ramanico Inc. M ed to the Local Municipality or Community Board: .TIi£11O1 V Board: �20 v .P Loco - v�/� co State; Zip Cade: ��� PRO �,DE�G 14Fd�OW i;S7HGA�.L TNF'(A'Y'Fb14f 1�q¢WN TO DATE _ �''� t i, r'ti aAara cc� n>ar>tam nlAQa quPpsttsn al�ra�ci ©xxa)a� �r r.:;G» s�r��t�x arPROVPSn n�t'�ro» Moir o��n't�orr olQlx O 1,ES5P+ C8FARId'Ib,G C.EYI3iTR 0A60 :O> hIpY „7x license: ("X" One) ❑ Beer Only ❑ Wine and Beer Only Liquor, Wine and Beer Restaurant (Sale of food primarily; Tavern/Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - Full foad menu; Kitchen run by chef) meets legal adnimum food availability requirements) Live Music ❑ Disc Jockey ❑ Juke Box Patron Dancing (Small scale) ❑ Karaoke Bar it Club, (Large Scale Dance Club) ❑ Capacity for 600 or more patrons 0 Bed & Breakfast ❑ Restaurant f/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility (Sports Facili Vessel ❑ J Rooftop Patio or Deck ❑ Freestanding Covered Structure ❑ Garden /Grounds ❑Other (Specify)!None Ot ally present within the establishment during all hours of operation? ( one) Yes ❑ No Al Expiration Date: s it appears or will appear on the license: /7 / v shment conducts or will conduct business: C 4-14' 4-14' 12- 149 �li ig which has the following street address: / Z �� 4� I AVbce, NY Zip Code: 112-10 loor(s) of the building at the above address: � Q✓ Q :stablishment is located within the mom(s) numbered as to Rows:` see: / f �7 "v) - YI 0 - -Z V -7 Business fax number of applicant /licensee: Gilding in which the establishment is located? ( "X° one) Yes (If `Yes °, SKIP items 22 -25) No O� �'�TE ITF WHICI3'THE LICEN51;`I] I'5T.^�8LI8Ii1NEl�1' IS IiC1CA7'E�) `"� �f-Q S^ Zip Code: [ 0 1 �s'if%'tliisf iled to the Local Municipality or Community Board. U 2 1 s 4 �"a��n ��.�r�c>nE��rAa ap�1� °awtt�s�o�nl�3mui�t�IgAri��r ox c It City of Buffalo 2 o 13 )hfITY:N.OARD -- - 1300 Main Place Tower, 350 Ma Street I Buffalo , -- State:- — - - - - -- zip cu 1 G202 (716) 852 -1300 rIGANl��l?RQVDxE DRIP,- 1`FOI� YSORDBIN'�AIsL� IIQP' 0 WN'i DATL . ❑1�7* &�B' 6E7'�OR�L'A �FPROyED T�IFTI�fJA OJN' �3�.f112A'f ONLY ': - t,.fQ EoRI�,aIiau ractl�Sitl n; >s`alt�io ie license: ( °X" OneJ ❑ Beer Only 0 Wine and Beer Only Liquor, Wine and Beer Restaurant (Sale of food primarily; ❑ Tavern /Cocktail Lounge /Adult Venue / Bar (Alcohol sales primarily - Full food menu; Kitchen run by chef( meets legal minimum food availability requirements} Live Music ❑ Disc Jockey ❑ Juke Box 0 Patron Dancing (Small scale) ❑ Karaoke Bar ;ht Club,(Large Scale Dance Club) ❑ Capacity for 600 or more patrons ❑ Bed & Breakfast � Restaurant olf/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility (Sports rg.L —_ _._ —_ _ — Facility /Vessel) ] Rooft op EI Patio or Deck F 11 Freestanding Covered Structure Garden /Grounds ft I ^ I f Gther (Snecifyl:None ically present within the establishment during all hours of operation? ( ")° one) yes ❑ No termined Expiration Date: N/A as it appears or will appear on the license: Miet Enterprises, LLC ablishment conducts or will conduct business: Bacchus Wine Bar ling which has the following street address: 54 West Chippewa Street 10 NY Zip Code: 14202 ;floor(s) of the building at the above address: first with basement establishment is located within the room(s) numbered as follows: ne -- 1nI11 room wo --- an ut room nsee. ( 7 16) 854 -9 Business fax number of applicant /licensee: e: brianmietus @ultimaterestaurants.com building in which the establishment is located? ( °Xe one) ❑ yes (If °Yes , SKIP items 22 -25) No ?9 `3 .y_ - .'4n f :�- `°`:T,•..as LY:.«..<Y ! t -.� �'e.?455:+ �..L* �r... -,.: Zt;- «,..�`4� v . ,. -, -'; _.. u.�:: :'.,,..i 1:.�. . .,: ,::! We Chippewa, LLC 3 Franklin Street Buffalo Zip Code: 1420-2 r: 1 7 1 1 6 1 8 1 5 1 3 3 8 0 1 1 gp�capah$f thl6ga� enbty that hof�lsa &r5 apping fer �hd [ranse Rpresenfat�ons In I ttng'form orb in conformity wilh t�ls ri ed?�RPttby ,tlteiithgntyvahertd,g t(ietene )nd rsland t3iat representa4ons made to this form will:also be tzlaj� rgpreseidn� may diskpr¢yghG appltc�Pon or fev4Cho nF(he hcerise :}e�,,[ �'- Fuiitjeir�Pe�ty of"i? "akjt�� thatt];q r,�p�en�aCiGit$ mlade rt�hts farm true. Title - sign t el o .a,, u a i I uyvi laaai lu mA.wi ii -- - February_21, L . Flo �rprises, LLC copies of the Applicant's Thirty (30) Day Notice to Local he application of Mietus Enterprises, LLC to obtain an On- for the premises at 54 W. Chippewa, City of Buffalo. the second copy for our file. Very truly yours, AMIGONE, SANCHEZ & MATTREY, LLP Nicholas P. Amigone, III u ed to the Local Municipality or Community Board: a — . w. 2 0 JSEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL ]IlIINICIpmxry OR COMMIINITY BOARD r Board: REPRESENTING THE APPI;ICANT IN CO ECTION WIT THE APPLICANTS ITION NOTED A$ ABOVE FOR THE ESTABLISHMENT IDENTYFD' D IN THIS NOTICE State: Zip Code: ;ANTS, PROVIDE DESCRIPTION: BELOW USING ALL INFORUATION KNOWN TO DATE XCANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION(8) ME NT_LICENSEES,� SET FORTH APPROVED METHOD OF OPERATION ONLY - O NOT U89 THIS FORM TO.CBANGE YOUR METHOD .OF OPERATION license: ("X" One) ❑ Beer Ono y ❑ Wine and Beer Only Liquor, Wine and Beer Restaurant (Sale of food primarily; ❑ Tavern/Cocktail Lounge /Adult Venue /Bar (Alcohol sales primarily - Full food menu; Kitchen non by chef) meets legal minimum food availability requirements) ❑Disc $ox ❑ Live Music Jockey J� u� Pa€ron Dancing {Small scale) ❑ Karaoke Bar Club, (Large Scale Dance Club) ❑ Capacity for 600 or more patrons Bed & Bre akfast � Restaurant / ❑ Catering Facility ❑ Stage Shows 0 Topless Entertainment ❑ Recreational Facility {Sports Faali Vessel Rooftop ❑ Patio Deck ❑ or Freestanding Covered Structure Garden /Grounds ❑Other (Specify):None Ily present within the establishment during all hours -of operation? JW one) 19f ! yes ❑ No 1 r Expiration Date: P it appears or will appear on the license: n 1..! A A A !yr I /` TOO �� LL' Y � r1 YVDIrI 0 J . ishment conducts or will conduct business: which has the following street address: s NY Zip Code: ior(s) of the building at the above address. tablishment is located within the room(s) numbered as follows: Business number of applicant /licensee; Y Iding in which the establisfArnt is located? ('{' one) Yes {]f "Yes', SKIP items 22 -25) ❑ No F THE BUMDINFG 3N WHICH THE LICENSED ESTABUSBMENT IS.LOCATED State zip Code: principal of the legal. entity that holds or is applying for the license. Representations in this form are in conformity with relied upon by the Authoritywhen granting the license. !,understand that representatigns made in this fort will also be false representations may result in disapproval of the application or revocation of the license; I affirm - under Ponsli:y of Pa{)ary – that the representations made in this fora are trine... . . M Leaves of Absence Without Pay ications received by me, reporting the granting of the leaves of the various departments as listed: koVirc ssa L. Morgan ation- :s & Parks- lent & Permit and Inspection Services- ation Systems .nee & Urban Affairs- ission- 4CIL: February 27, 2013 Audit & Control Comptroller [:Approval of Medical Leave of Absence G G 4Y) nse without pay to Melissa L. Morgan from her permenant position of Account in the Department of Audit and Control, effective March 4, 2013 for a period of six amber 3, 2013. troller F. Schroeder IM Notices of Appointments - Seasonal/Flat ith certificates received by me, reporting seasonal and flat salary urions departments. a �rter and Chapter 35 -1 of the Ordinances of the City of Buffalo, 1 transmit this certification of appointment(s) or chedule "A" have been certified or approved by the Human Resources /Civil Service for the February 19, 2013 Parking Parking Enforcement Laborer II I, Seasonal, Exempt, Unclassified (Insert one) SEASONAL )n Competitive, Exempt (Insert one) NON COMPETITIVE Flat, Hourly (Insert one) FLAT r of $ 12.47/hr sonal) NAME Donald F. Kane, Jr. DATE 02113 ADDRESS 217 McKinley Parkway CITY & ZIP Buffalo 14220 IGITS OF SSN. XXX -XX -6131 NAME DATE ADDRESS CITY & ZIP DIGITS OF SSN XXX - XX- BRED TO THE COMMITTEE ON CIVIL SERVICE 13001 TITLE CODE NO 9624 002 PROJ. ID PERSONNEL REQ. NO 2012 -123 ,47 PER YEAR DAY HOUR HOUR UM: Kevin J. Helfer Commissioner 0211912013 -Y: Z LE COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) ►arter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or - Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Public Works, Parks & Streets Parks Lifeguard ry, Seasonal, Exempt, Unclassified (Insert one) SE ASONAL Ion - Competitive, Exempt (Insert one) NON - COMPETITIVE , Flat, Hourly (Insert one) FLAT ry of $ 12.47 NAME Jesus Algarin DATE ADDRESS 45 Blum Ave. CITY & ZIP Buffalo 14216 )IGITS OF SSN. XXX -XX- NAME DATE ADDRESS CITY & ZIP DIGITS OF SSN. XXX 'RRED TO THE COMMITTEE ON CIVIL SERVICE 2222001 TITLE CODE NO 9270 1001 PROJ. ID PERSONNEL REQ. NO .2012-41 !.47 PER YEAR DAY HOUR HOUR IUM: Steven J. Ste nick Commissioner 2113113 - TY: ° '� Tarter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or Schedule "A" have been certified or approved by the Human Resources /Civil Service for the ,' Public Works, Parks & Streets Parks Lifeguard ry, Seasonal, Exempt, Unclassified (Insert one) &1►A Ion - Competitive, Exempt (Insert one) NON - COMPETITIVE , Flat, Hourly (Insert one) FLAT ry of $ 12.47 hr. NAME Nicholas Jordan DATE ADDRESS 25 Mapleridge Ave. CITY & ZIP Buffalo 14215 ?IGITS OF SSN. XXX -XX- NAME DATE ADDRESS CITY & ZIP DIGITS OF SSN, XXX -XX- :RRED TO THE COMMITTEE ON CIVIL SERVICE ?22001 TITLE CODE NO 9270 2002 PROJ. ID PERSONNEL REQ. NO 2012 -041 L47 PER YEAR DAY HOUR HOUR IUM: Steven J. Stepniak Commissioner 2125113 TY: M ntments - Temporary, Provisional or Permanent ith Appointments in the various departments made at the Provisional or Permanent) (as per contract requirements). ;OMMITTEE ON CIVIL SERVICE. ,�e rter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or chedule have been certified or approved by the Human Resources /Civil Service for the 2/1113 Admin. & Finance, Policy, & Urban Affairs t� 7 Purchase Buyer Seasonal, Exempt, Unclassified (Insert one) PERMANENT ERMA 'ENT �n Competitive, (Insert one) OPEN - COMPETITIVE Flat, Hourly (Insert one) MINIMUM of $ 38,114 FEB 9 NAME Marlena Barker DATE ADDRESS 251 Whitney Place CITY & ZIP Buffalo, NY 14201 31TS OF SSN. XXX -XX -5099 NAME DATE ADDRESS CITY & ZIP DIGITS OF SSN. XXX -XX- RED TO THE COMMITTEE ON CIVIL SERVICE i80001 TITLE CODE NO 1179 101 PROD. ID PERSONNEL REQ. NO 114- $43,280 PER YEAR DAY HOUR YEAR IM: William L. Sunderlin Director of Purchase 211113 IRiDlw lnS{:IIp1V7p n•anreneea oemaw ar opprarw Dy menumcn �rsvwuww. aw -� wr we 02119113 POLICE Fleet Maintenance Motor Equipment Mechanic PERMANENT APPOINTMENT MINIMUM V of $23,721 (7 st REFERRED TO THE COMMITTEE ON CIVIL SE= RVICE 12022001411001 TITLE CODE NO 6160 12022001411001 PROD. ID PERSONNEL REQ. NO 2012.71 $23,721- 338,635 PER YEAR MINIMUM: ITY: Dartel Darenda ITY: Commissioner of Police j 02l003 i NAME Glenn E. Waldron DATE ADDRESS $2 Cheltenham Drive CIYVA ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX,XX•6605 NAME DATE ADDRESS CITY & 21p LAST PIGIT3 OF SON. XXX XX- NAME DATE ADDRESS CITY & 21P LAS F a 0101TS OF SSN. XXX XX NAME DATE ADDRESS CITY & lIP LA8T4 D10rM OF SSN, XXX XX- NAME . DATE ADDRESS CITY & ZIP LAST D I G IT S OF 88N. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SE= RVICE 12022001411001 TITLE CODE NO 6160 12022001411001 PROD. ID PERSONNEL REQ. NO 2012.71 $23,721- 338,635 PER YEAR MINIMUM: ITY: Dartel Darenda ITY: Commissioner of Police j 02l003 i )MMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS LOUAL 282 ,1 .A.i' ■.['.� �Al' " R ` ,RJ�j .- - - v!� 41 I V* _- Class tWail crud -Pacszmi1g) � " �fl ✓C� AT ttana President e a Presentation in alit of the Civil Service committee M turfs for the Buffalo Fire 1 Rre swnes or far daffy supervision �t stz�l the safety eetin to issues of not Marcia 12M, 2013 xxteetit Please contact me if you neccf additional quest. SIR ;1wrS. Com IE COMMI ER ICE. ,� 1 r 4 1 %.ic v LJU IICLI v J L)f P[)A ; k6 2f-) A) t Al Cs It tc 0 x,00 t-,Om? ,L LB k LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATT €L COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT 1 regarding the Richardson Center Corporation's application for nsted Complex parcel of land on Forest Avenue. �preciated t of the Richardson Center Corporation's application for rezoning of the land on Forest Avenue. lair of the Richardson Center Corporation's Community Advisory Group and :inity of the proposed rezoning change. irdson Olmsted Complex as one of Buffalo's crowning jewels, a National Registers 'ic Landmark, the Richardson Olmsted Complex rehabilitation plan advances a e activities for the neighborhood, the city, the region and the world to enjoy. creating the Buffalo Architecture Center and reviving the Olmsted and Vaux Asylum for the Insane is more than just saving an historic landmark_ It will architectural tourists who spend a great deal more than the average visitor to t economic spin off to benefit Buffalo's economy. the rezoning application before you for this complexthat is internationally treasures and one that is Buffalo's also. the Official Common Council record and thank you for your time in this matter. J +c it, homeowner, property and business owner in vicinity of the proposed rezoning r of. iity Advisory Group, Co -Chair Forest District Civic Association, Vice President iation, Board Member Parkside Community Association, Member Vision Niagara, Talo History, Architecture & Culture, Member Preservation Buffalo Niagara, Sts, Member Buffalo Niagara Riverkeepers, Member RECEIVED AND FILED BUFFALO OLMSTED PARKS CONSERVANCY connecting park's & people ;, 2013 n Council 413 City Hall ara Square NY 14202 ming, Richardson Center Corporation, 400 Forest Avenue of the City of Buffalo Common Council falo Olmsted Parks Conservancy fully endorses the Richardson Center tions request for rezoning the historic Richardson - Olmsted Complex and from a R2 Dwelling District to a C2 Community Business District. The will allow for a mixed use campus for the community benefit including a e hotel, conference and event space and a Buffalo Architecture Center consistent with the Richardson Olmsted Complex Master Plan and the Environmental Impact Statement. as been an intensive preservation planning process to create an ically viable and publically supported reuse plan for this historical rnent of the great American architect Henry Hobson Richardson and !k Law Olmsted, the father of landscape design. The Buffalo Olmsted Parks ancy has participated in the Community Advisory Group and involvement !use planning for the Richardson Olmsted Complex. We feel the reuse is Ible with the neighborhood, business districts, and institutional neighbors Psychiatric Center, Buffalo State College, Albright Knox, Burchfield Penney, History Museum). servancy feels it is long overdue that we put this internationally recognized K back to productive use in our community and enable public access on the and in the buildings. Saving the building and creating the new Buffalo tture Center strengthens cultural tourism in Buffalo and the region. you for your consideration of this request. Herrera - Mishler , 0-,/ 716 - 836 -6069 kowskyfr@gmail.com ,enter Corporation, 440 Forest Avenue on Olmsted Complex Community Advisory Group, the New- York ervation, and a long time advocate for Buffalo's architectural ,re the rezoning of the Richardson Olmsted Complex on Forest iistent with the Richardson Olmsted Complex Master Plan and the .ct Statement. The rezoning includes the historic complex, a that represents the collaboration of two of America's greatest artists, nn and the landscape architect Frederick Law Olmsted. The 42 -acre :2 Dwelling District to a C2 Community Business District. This tion of a mixed -use campus that will include a boutique hotel, and an architecture center. All of these facilities will be compatible :borhoods, business districts, and institutions (Buffalo Psychiatric Albright -Knox Art Gallery, Burchfield Penney Art Center, and ndeed, the new facilities stand to benefit greatly the neighborhood as allow a project to go forward that will insure the future of one of the f cult adaptive reuse challenges. I urge its approval. I COMMUNITY DEVELOPMENT FINANCE CLAIMS Aerk ,sociation -Green Code Comments ;m for fiuther discussion at the next Common Council session to be your assistance in this matter. [member ments on the City of Buffalo GreenCode Unified Development Ordinance ttion. It must be noted that the full draft of the GreenCode has not been .ave been reviewed by members of the.Elmwood Village Association .)y the City of Buffalo and subject to public review. These comments are le GreenCode's continued development to draft status. Upon release of the -d that the Elmwood Village Association will release a further set of ;ues impacting the neighborhood. C, N -2T, N -2R) ones in the Elmwood Village are generally acceptable with the following hen's Hospital Site should be zoned N -2C, fronting Elmwood Avenue, and he site to require a future redevelopment to be consistent with the rhood. es on West Utica should be zoned N -2T. Imwood Avenue from Forest Avenue to Bryant Street should be zoned N- ier properties at the Bryant Street Intersection. lmwood Avenue from Bryant Street to Summer Street should be zoned N- 1er properties at the Bryant Street and Summer Street intersections which mwood Avenue from Summer Street to North Street should be zoned N- er properties. ood Avenue should be required to be a minimum of two stories and a light. Buildings beyond five stories should be subject to more rigorous nmon council approval. One -story buildings shall not be permitted. directly define retail frontage design elements in order to protect and I vertical articulation of street frontages. This element should define a On Elmwood Avenue this width should be approximately 30 feet. `270' wide seems excessive. Please provide a rationale for this width. flective of the surrounding character of the neighborhood and adhere to elation of the exterior facade. ,d to a maximum of 15,000 square feet. No limit should be placed on y +� overall size of a retail establishment. However, retail spaces should be subdivided into spaces that reinforce the scale of predominant retail frontage [low all requirements for vertical articulation of the exterior facade. ; e and quantity s or service there shall be no more than two (2) signs totaling no more than .ch side of a building adjacent to a street, that identify a permitted use on the Signs signs should not be permitted in the N -2C, N -2T or N -2R districts. �t be permitted in the N -2C, N -2T or N -2R districts. uld be permissible in the N -2C or N -2T district. permissible in the N -2C or N -2T districts. i signs should not be allowed in the N -2C, N -2T or N -2R districts. d to be defined as a distinct sign type. need to be defined as a distinct sign type. , ox signs, only letters and logos should be internally illuminated on any - than 50% of any box sign should be internally illuminated. )arking lots and structures should be conditionally permitted in the N -2C and As as viable alternatives to addressing parking needs. 1 not be permitted in the N -2C, N -2T or N -2R districts.. n Regulations regulations in the N -2C or N -2T districts are too onerous, causing increased luirements for turnarounds within off - street Iots should be removed and left )f the property owner. ways itached garage, the garage should be no more than 25% of the building he front of the building; otherwise the front- Ioading attached garage will be )f 12 feet from the front of the building. materials in the N -2C, N -2T and N -2R districts should include all materials n the Elmwood Village Design Standards, including a 100% prohibition of chain -link fences should not be permitted in locations visible from the 2T or N -2R districts. on location and positioning of lighting fixtures, preventing glare on than the intensity of illumination. pensively dealt with in the GreenCode, ensuring the code encourages Ac instances. The EImwood Village Association will continue to review -use in anticipation of further comments. A enforcement of the Green Code is of critical importance. It is essential for nd new development that all applicable City Hall staff, including Planning ave a clear, concise understanding of how to implement the Green Code City. With the adoption of the Green Code, many existing properties will ether emphasizing the need for a transparent approval process. reasons other than to preserve public health, safety and /or welfare are not In this District, applicants for demolition permits must have a reuse plan 'ae appropriate body within the City of Buffalo. PEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD :ZATEGIC PLANNING enter te: OPMC #RO- 11- 12 -6530A ember 17, 2012 to my letter of February 16, 2012, copies of which are embers investigated my complaint against Diane Vertes, that all relevant wed including a review conducted by a Board Certified physician from OPMC, because "there is insufficient evidence to bring a charge of professional all Ms. Hunter. vs article from this past weekend that should give you a basis to reopen your ier autopsy that Amanda Wienckowski died of a drug overdose and thereafter cat that it was an "accidental death" which in turn prevented BPD Homicide au think that Amanda accidentally climbed naked into a garbage tote to freeze t the cause of death was other than a drug overdose and then , please explain ibly conclude in her report that a drug overdose, even if it was the cause of inda and not by a third party. Does Dr. Vertes have a special crystal ball to gain - cumstances by which drugs entered Amanda's body or is she just a ogist. It is perfectly logical to conclude that Amanda could have been How did your investigation deal with that question? opy of the latest autopsy report from Dr. Michael Sikirica, a noted forensic and n, like that of the two other pathologists, confirms that the cause of death �d ". Dr. Vertes is unfit for the job and should be removed. 210 ELLICOTT SQUARE 295 MAIM STREET BUFFALO, NEW Y ORK 14203-2402 (716) 852 -8222 TELECOPIER (716) 852 -2829 February 13, 2013 *ALSO ADMITTED IN PENNSYLVANIA -'ALSO ADMITTED IN FLORIDA r ` ` nduct In A ld A enter te: OPMC #RO- 11- 12 -6530A ember 17, 2012 to my letter of February 16, 2012, copies of which are embers investigated my complaint against Diane Vertes, that all relevant wed including a review conducted by a Board Certified physician from OPMC, because "there is insufficient evidence to bring a charge of professional all Ms. Hunter. vs article from this past weekend that should give you a basis to reopen your ier autopsy that Amanda Wienckowski died of a drug overdose and thereafter cat that it was an "accidental death" which in turn prevented BPD Homicide au think that Amanda accidentally climbed naked into a garbage tote to freeze t the cause of death was other than a drug overdose and then , please explain ibly conclude in her report that a drug overdose, even if it was the cause of inda and not by a third party. Does Dr. Vertes have a special crystal ball to gain - cumstances by which drugs entered Amanda's body or is she just a ogist. It is perfectly logical to conclude that Amanda could have been How did your investigation deal with that question? opy of the latest autopsy report from Dr. Michael Sikirica, a noted forensic and n, like that of the two other pathologists, confirms that the cause of death �d ". Dr. Vertes is unfit for the job and should be removed. dily Lu LIM idI1111Y 7 LU UIIM=l L110U Luc,.- Y.0 — .. girl was found in her records. She clearly lied. the prior autopsies furnished to you evidence that a drug overdose was unt of:morphine in Amanda's system and that she in fact died of ted cover up by Dr. Vertes and Dr. Billitier, the BPD Homicide was prohibited gation. Evidence became cold and unavailable that might have otherwise ler. It was three years before BPD Homicide was informed by the District was "undetermined" and therefore they should actively investigate the the car of the prime suspect was no longer available for the investigation. ts, Dr. Vertes has refused to change the cause of death on the death pitifully incompetent to operate the Erie County Medical Examiner's Office. your failure to properly investigate and deal with this matter in the face of icts the autopsy and findings of Dr. Vertes. �u reopen your file and properly investigate the conduct of Dr. Vertes. If you will be condoning an incompetent service and will subject the people of Erie or Erie County Medical Examiner's office. ary poor circumstances was drugged, raped and murdered and then left in a ote naked and frozen. It took days for the Medical Examiner's Office to thaw use the body had not thoroughly thawed, the Medical Examiner may have strangulation marks on the body. The criminality and /or negligence is in what se of death, your job is to seek truth and justice for Amanda. Vie, ry truly yours, Carl P. Paladino inty District Attorney Attorney General Ms rie County Executive )unty Health Commissioner ;II I/ HEALTH Sue Kelly Executive Deputy Commissioner - September 17, 2012 ENTIAL RE: OPMC ## RO- 11- 12 -6530A 3ffice of Professional Medical Conduct (OPMC) have investigated )ianne R. Vertes, M.D. As part of the investigation all relevant eviewed, including (but not limited to) a review conducted by a n OPMC. ze investigation, based on all the information available to OPMC, to bring a charge of professional misconduct, as defined by New ,ainst Dr. Vertes. peen closed. However, a permanent non - public file of the case will s needed. he time to bring your concerns to our attention. this matter further, please contact me at 585 - 423 -8043. Sincerely, 3acalyn G. Hunter, RN Western Region Program Director Office of Professional Medical Conduct February 16, 2012 Health Conduct kowski ne conversation regarding review of the findings in the death of ;d please find copies of the following: ce of the Medical Examiner Autopsy Report; il Examiners Office Forensic Toxicology Report and Postmortem mental Report; by Hon. Gerald. Whalen and letter from Assistant County Attorney with enclosures sent to ,Silvia O. Comparini, M.D.; Leport by Silvia Q. Comparini, M.D.; through 6 and Diagrams numbers 1 through 4 to Forensic Autopsy Comparini, M.D.; :ry 6, 2012 from Erie County District Attorney Frank A. Sedita III to Lttorney for the estate of Amanda Wienckowski; and rnent of differing opinions regarding cause of death dated January 19, aPoint, M.D. of Scientific Consulting of Western New York, Inc. , ou need anything further. -ntion to the above. Very truly yours, PALADINO, CAVAN & QUINLIVAN LEANNA PILARSKI mmael exit tee lY1.U. Poremic Medical &Mceg 50 goad (9treet Waterford, New York IZ88 (518) 237-3M rwa (518) 437 -7423 Suite 301 regards to the case of Amanda Wienckowski who was found unusual circumstances in January of 2009. 1 have been report generated by the County of Erie Office of the Medical ort of a second autopsy performed by Silvia O. Comparini, 'ornia. A cover letter was also provided by Kathy Weppner and After reviewing the materials I would like to respectfully offer alely on the circumstances of her discovery this case should dered a homicide unless some other very remarkable ion for the location and appearance of her body could be nmediately provided. I of morphine detected in her blood at the autopsy is a r innocuous level. Although I have signed out even lower morphine as acute opiate intoxication these cases all involved vhere there was absolutely no evidence of another more cause of death. It is my opinion a morphine level of .08 mg /L all uncommon in habitual users. Although one may die from ,ts of other medications or compounds used in the heroin ion to assume that would be only speculation. it of the injuries around the decedent's neck, which were and thoroughly documented by Dr. Comparini, indicate direct applied to the neck either during strangulation or during a I strangulation and suffocation type event. Although I have ined all of the representative photographs or microscopic at this time the number and location of these injuries are I. These injuries may have appeared following the autopsy ignificant amount of normal blood had drained from the ing areas and therefore not been recognized during the first y opinion to a reasonable degree of medical certainty that ski died as the result of manual strangulation /suffocation with I of acute opiate intoxication and the manner of death should lomicide. w ing kx v p � p {,S t � U.S ote did not die from overdose e '. p • in _� l ®mss deat ce die s _ ;h the Erie County allowedtospgakt leportersbecause On Jan. 9, 2009,' WienckOw5kls ees determination of Buffalo Police epartmentpolicy. body was discovered naked and up- Edied ofadrugover- But now that a has retired, he side down inagaxbagetote across the talkedtoTheB oNewstoclearup of Antoine the mos likely see- "misinformation" ou_t the cas and I Garner, where she had gone to pro- p 2 aye r tigate tithe ro case e ' ral not i . large person acct t6 owthat of� ,thoroughly se the petite, though not charged in her Heath, an during p `W realized t awaythe cause the 300-or-mare pound Garner has - retired Buffalo Ho ofdeathwasnotfmmalethalamount been identified as the last person to VlarkJ Laubersaid. ofopiatesforsor pewhousedhero- uber had not been ineveryday;'Lau�ersaid. SeeDetectiveonPageB2 , rf-P ,0r Ik wh s. c `j - j,- uiscwereu in agasbagotote, .. ..u,. .. W. ,,. -- ..v .. deteetiveshelievethatWienck But Lauber said police re- _ .-... Dlstrlct includes the location owsld died during rough sex -main suspiciousbecauseofoth- where Wienckowskiwasfound, and dismisses the strangula- eroeomrences. Among them: isworldng with County Legis- ion. Lion ruling, Pressure marks - Garnerlastweel[wascan. latum Chairwoman Betty Jean Cohen sought assistance found on Wignckowslris neck v[ctedinErie County Court of Grant to arrange for a county rom Sildrica on behalf of and internal neck irijuries, he choking and assaulting apros. hearingwhereChiefErleCoun- trenckowsWs family, which said, Ouldhaveoccurredwhen titute during apaid sexual en- tyMedical Examiner Dianne R. ias been trying to get the coun her be dy was shoved down into counter. He faces up to seven Verteswouldbeurgedtoattend y medical examine! toamend thegarbagetote. years in prison when he is sea- andexplain the countyautopsy. be cause ofdealto'homicida Asforwhat appear tobede- tencodinMarch, Vertes,oneofthefourpathol- 'TheBufQojiolice have al- fensive wounds on her arm, he •Duringanextensivesearch ogiststosignWienekowsld'sau- vays maintained this was aho- sa[d, those also could have oe- of Garners home after Wiendl topsy report, declinedPr[dgeds oicide, "Qdhen..said.'Whether curred when her body was be- owslTs bodywas found, Lauber requestthat she attendhisLeg- 's murder or manslaughter is ingdiscarded. said he went through the gar- islativeCommitteemeetingtwo ,questi todecide, Marks on Wienckowsld's bage tote for Garners residence weeks ago. iuttllemedicalexamineesfmd- face by her jawline, be said, and discovered an earring that Peter Anderson, a county ags prevent DistrJct Attorney were caused by a large earring belongedto Wienckowski. spokesman, said Vertes' find - hauk Sedita; from prosecut- she was wearing that ended up "Me earring was wrapped Inge In the Wienckowskideath og the case because the listed pressed againsther flesh. ' in an ATM bank withdrawal are self - explanatory and have ianse of deatli "creates reason- Lauber interviewed Garner slipthatGarnerhadmadethree alreadybeenwidelyreported. . tbledoubt,".'' for two hours, just hours after days earlier,andtheearringbad 'Laf er,":in 6'allgn the WienckowMs body was found astrandofblondhatronit, "Lau- emaiblmichelQbufJiieaa.cvm nedreal , examiner's determi- in a garbage tote across the bersald. ia, on sa? _ q and other de- Street from home on Jan. 9, But DNA testing to deter - echves assigned ta, the case to mine if the hair belonged to T � veretaldtiyacountytoxicolo- and Clinton streets. The gar Wienekowski, a blond, was Cry � lade rl ks gist that the accidental o v e r - iesewasselectedastbacause bage tote p r e v i o u s l y had been n e v e r c o n d u c t e d , he said, Lau reported Stolen hy one afGar- bar saidhedeesnotunderstand Trtrtitt �tcmbe�s g afWrencRcwskesdeathbecause ner'sneighbors.' why a test was not completed,.f-Salurday hey, coA' net &A SPY' other 'way Gamer to]d detectives that especially since homicide de- NX EveningNrmrber: I33 S` xp?anatloi ; logical "of Wienckowski arrived at h19 tectivesin2009putmaspecific Luftsu n: 7 _ o handle the cause death, Lauber sard, wouldbeto 11st it house D•ec, 5, 2066, alter he requestferthetest, had called her for paid sex in DNA tests did determine, XXIVEddayNumber•: 576 ' rs , 5r ,date adf The far- response to an advertisement, however, tbat a hair found an LuckyStun: 18 ner detective pointed out that Lauber said. What part of the. Wenclrowsld's. body belonged. 1NWFOur•Evening: 4060 Ted, another pathologist; Scott storyde1: esdanotdispute. toGarner,hesaid. LudwSum: Io �LaPoint�hvedbySeditalast ere J( The garbage tote in which. yVinFourlVliddsky: 4108 year issuedan 0p.n Outliattba "abeunda- of Gainer's claim that she left WidnelrowslTs body was found Ludn'� ?s e auseofdea_thsh0 thehomethatev6uing, was reported missing by its TalceFiye: 1 16 22 92 termmed Lauber and other police offi- ownerweeksbeforeitturnedup ditaso httheontsde ex— cialsse�etiley — pertapuuotibecauseoftbetwo asphyxiation killed Wiencic And. investigators suspected 4 5 7 1319243088QW $nElichng autopsies The case owsX while 'she was having that if Wienckowski was dead, Q 54 55 57 59 6o 62 75 77+.'19 eemedpuzzlmgngfrointhe ht sex, They balieveWienckowaki She was probably inside that My- Lotto: 9 16204048 be Lan ersald was grabbed from behind and missingeontainer. Bonus Number 4� When the Homrrarle Squad a of the an arm was placed against or "We conducted surveillance requested copy "county autopayraportm2009,1iewas around her neck while her as- of Garners home, conducted PowerbaM 6 6 16 ,86;5 P °werRaII: teld'a written regyest would sailants full weight pressed numerous interviewsandwent againsttheslightwoman. up in the Erie County sheriff's havetobesubmrtted Tlratwas afixst heaaid ' There were orates in her Air. One helicopter searching system Pam .EverilngNumher' r eran . Rd r b ; Even more he and that could slowher for the tote. That fate wes not es puzzling re , heartbeat andwlthhis'airiron across thestreetfromGarner's Big 4Evening' ca>ledlvasthatwhentlie her beok,therewasaomecom -. homeintbedaysbeforeshewas Rig4lWdday: l ty by gourpa�ha]ogustsrutheMed. ,pressiontoherthroat;'Liuber found;'hesaid said of the factors that deteo- SowherewasWlenclrowsld's yy LateraumbersforF3rd y i icalExamniersOffice as Ii past theonly pat t�ol fives believed eaused Renck- bod inthefiveweelarfromear- y ` owski's death But he added, . ]yIlecemberwhenherfamilyre- TakeRive 9 ogescastgnanau ye "it he does not belreve her death partedbermissingte. it discov- MegaMillmnsc e yyaa�thepathoiog:st whocon.:shouldresultinaaharge'6 se, eryouJan.9,20097 Mega Ball { ductedthe'autopsysaidLaub end degreerirurder '. Thatis.aquestlonpoIicehave Megapher. e ' ryy d helteve this was 'not been able to an L r7,esenumbersnnvna mrc detecttveandfrequeatly attendedairtopsre5 '�. - a classic depraved indifference er said But i ow, as individuals FbrofficeatNewYQrk . < �N Cohen alsonotedthat rtwas - to life, whiclristhedefuiitioaof sfich as Council Member Ilar- second degreemurder,' Lauber ius G. Pridgen try to get to the gowb�yatvcvmn o 7nmryretaefer Y �' s nski fer Darius G. Pridgen 013 rosswalks i information for the next Common Council meeting to be held on er Ain S. Booth lcott Street P. NY 14203 February 7, 2013 -tuber gen. n Advisory Board is writing to you in regards to the January ety Crosswalks" provided to us for review. The board would .r effort to improve pedestrian safety in the City of Buffalo. this issue it is important to provide a local perspective. � through August 31, 2011, 8,705 motor vehicle accidents :s that were reported to the Buffalo Police Department. Of e&- pedestrians or bicyclists. Youth- were�invclved =in- pedestrian and bicyclist accidents with motor vehicles. involved in a disproportionate amount of pedestrian and )tor vehicles because 26.5 percent of accidents involve youth, residents are youth. pedestrians involved in accidents with motor vehicles (MVA) .rs. The average youth bicyclists involved in motor vehicle if the 128 accidents involving youth, 8o were pedestrian with use occurred in the spring (March, April, and May) during the returning home from school and most adults were returning Toopm and 6:oopm. ntersections with high vehicular and pedestrian traffic and itersections reminding motorists of the fine for not yielding ns is a good first step, it is unlikely to have any significant strian and bicycle safety. This will also have an impact upon as a dangerous intersection and increasing the potential for teasures are taken. aes, Policy Brief - Children's Health: A Growing Need to Incorporate Lnls te5uluuC)n a step iurtner vy IIUL eniy Mentiryzng ine w Ecular and pedestrian traffic, but allocating resources each ty and function of these intersections to ensure all users, ible, are always safe. nts is always a challenge but there are many mechanisms for a resources for public infrastructure maintenance and Le current municipal capital budget process, provided below is icipal best practices for fiend development strategies. [)ransportation Spending of communities across the country that have approved short - atives to fund bicycle, pedestrian and other transportation best examples of this comes from the City of Tucson and the County. During a one -time vote in May of 2oo6, voters x to fund the implementation of the 20 -year transportation utility Fee have used transportation utility fees to fund improvements ad pedestrians. A transportation utility fee, also known as a itenance fee, street maintenance fee, or street utility fee, is a paid by city residents, businesses, government agencies, on their use of the transportation system. Fees are usually y's utility bill. Revenue from this fee can only be used to ltion infrastructure. Residential fees typically range from $12 per month. Other land uses often pay much higher fees icted traffic generation. Compared to a tax, a fee faces fewer blic opposition. Revenue ices for curb parking and returning the meter revenue for :s has helped pave the way for a renaissance of a number of d the US. The meter revenue has paid to improve the convert alleys into pleasant walkways with shops and litional public spending makes the area safer, cleaner, and both customers and businesses. These public improvements to investment, property values, and sales tax revenues. :riot ed initiative is similar to the metered parking revenue in that un s within the community where the money will eventually ;e, each building owner would pay an extra $loo in taxes for levy additional funds from the city. These funds could be ants or the like and they also demonstrate to the city a strong ng in the Public Right -of -Way to use funds from private advertising in the public right -of- infrastructure. Possible advertising locations include transit s, existing bicycle parking infrastructure, street furniture, and ?act Fee or Development Excise Tax utilize a development impact fee —a one -time fee collected ment to pay for its fair share of future capital improvements rowth. The impact fee can be used only for capital maintenance or operating costs. Usually, a specific portion of 1 for transportation infrastructure improvements. ment impact fee, a development excise tax is a one -time tax velopment to fund new infrastructure. The excise tax can be ticipality's general funds. Unlike a development impact fee, :ax does not have to be specifically earmarked to benefit new e calculated as a percentage of construction cost, a flat fee per building type. •al state and federal grant programs that d be specifically .le and pedestrian safety. Specific application for these eed with the Greater Buffalo Niagara Regional Transportation letropolitan Planning Organization (MPO) for the Buffalo application under the new federal transportation legislation ition and Air Quality (CMAQ) eimbursement program for surface transportation and other at contribute to air - quality improvements and reduced m funds may be used to construct bicycle and pedestrian o reduce automobile travel and /or emissions in areas that air - quality standards for ozone, carbon monoxide and small ogram may continue to be funded through 2014 but our be eligible for these resources under MAP -21. nprovement Programs (HSIP) of this program is to achieve a significant reduction in traffic injuries on all public roads through the implementation of d highway safety improvements. W Community System Preservation (TCSP) Community, and System Preservation (TCSP) Program is a hive of research and grants to investigate the relationships LIIg ur anlZaLlUilb, iucaI g'UV4jFIIIIIUIILb, WIU LEIUdI 6UVC1IIIIIU11LZ5 eretionary grants to carry out eligible projects to integrate munity, and system preservation plans and practices that: efficiency of the transportation system of the United States. onmental impacts of transportation. eed for costly future public infrastructure investments. ;nt access to jobs, services, and centers of trade. nmunity development patterns and identify strategies to rivate sector development patterns and investments that goals. lternatives (TA) such as Safe Routes to School (SRTS) and Transportation -am (TEP), Transportation Alternatives (TA) is a new federal t program for transportation - related community -based )edestrian and bicycle infrastructure and safety programs. TA eligibility of environmental mitigation and added a new z. "safe routes for non - drivers." awarded to transportation pro jects that have a sign ificant impact. Projects are chosen for t ear a - i ity to ntra contribute to omit competitiveness of the nation, improve the condition of .ion facilities and systems, increase energy efficiency and e gas emissions, improve the safety of U.S. transportation nee the quality of living and working environments of ;h increased transportation choices and connections. The ives priority to projects that are expected to create and V and stimulate increases in economic activity. nity to provide input into this resolution. Please let me know onal information or to discuss further. REFERRED TO THE COMMITTEE ON COWMUNITY DEVELOPMENT. r Byron W. Brown - - c Works, Parks & Streets Commissioner Steven J. Stepniak anning Executive Director Brendan R. Mehaffy I Timothy A. Ball MEMORANDUM rius G. Pridgen Held at Yankee Stadium rmation for the next Common Council meeting to be held on , rid►il ual y c 1, w 10 1 i .,j r rvr, ember Pridgen - Ellicott Baseball Events Held at Yandee Stadium ponse from Anne VanderWal of the NY Yankees on their events for your review. 3 12:25 PM 21d.-at Yandee Stadium. vithin the Stadium; we have over 23 available event spaces not including the field. as well as large, public events utilizing the field such as football, soccer and ibility for events with field access. When the field is accessible for an event, it is as unless there are special circumstances, in order to maintain prime condition of Avith the Buffalo Bisonsi and New Era Pinstripe Bowl fax ankees.com events L INDE �� REFERPED TO THE COMMITTEE ON UM DEVELOPMENT. :ski er Darius G. Pridgen statement for Women's and Children's Hospital of Buffalo -BNMC Campus i information for the next Common Council meeting to he held on 1t (XI Findings to Approve amental Quality Review Act - SEQRA) of the Environmental Part 617, the City of Buffalo Common Council ( "Common Council ") id Children's Hospital of Buffalo - BNMC Campus itive Declaration Applicant is proposing to construct an approximately 430,000 sq. ft., s Hospital of Buffalo ( "WCHOB ") at the north -west corner of High New York with direct links to the adjacent Buffalo General Medical ;.e Building ( "Action "). The Common Council is considering granting ats in the Ellicott Street and Goodrich Street right -of -ways for the and also a separate staff /employee tunnel to service WCHOB. Street, Buffalo, New York alo Planning Board the Charter and Code of the City of Buffalo, the City of Buffalo Common r easements in City -owned property, in circumstances such as these future development of the City and not interfere with the public's use of s seeking easements in the Ellicott Street and Goodrich Street right -of rface rights to facilitate the construction of an employee /staff tunnel and A Statement Accepted: May 22, 2012 rice of Strategic Planning :14202 west to the City of Buffalo Real Estate Department, and by extension, the permit the construction of a utility duct bank and an employee /staff xeet and Goodrich Street right -of -ways as part of Kaleida's overall actively, the public (City, County and State) approvals and permits he "Action" subject to SEQRA. The intent of SEQRA is to ensure that balance of social, economic, and environmental factors be considered on proposed activities or actions. Therefore, Agencies must determine re a significant effect on the environment, and if so, prepare or request rent be prepared. xffalo Planning Board ( "Planning Board ") determined that the Action d received concurrence from other Involved and Interested Agencies to vember 22, 2011, the Planning Board determined that the Action may environment and issued a Positive Declaration, requiring the Applicant rnpact Statement ( "DEIS ") in accordance with the Planning Board- tted the DEIS to the Planning Board for review. On January 31, 2012, i to be in compliance with 6 NYCRR Part 617.9(b), and made a to begin public and agency review. The DEIS was provided to all including the Common Council, and to the public at various repositories :e. The subsequent public comment period began on February 15, 2012 A public hearing on the DEIS was held by the Planning Board on ss was received in the form of written comments to the Planning Board •iod and as oral /written comments received during the public hearing. it all the comments should be addressed in the form of a Final `FEIS "). After reviewing the comments, the Planning Board requested Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed t and determined that the FEIS was complete on May 22, 2012. On May all Involved and Interested Agencies, including the Common Council, )ries and on the City of Buffalo's website. The FEIS addresses specific the public comment period and discusses mitigation measures which al negative impacts from the Action to the maximum extent practicable. :alo Planning Board and City of Buffalo Zoning Board of Appeals. That ,tent ( "LOT "), a Full Environmental Assessment Form ( "FEAF ") and ion Council, as an Involved Agency, received a copy of these application aber 20, 2012, the Applicant submitted a Request for Easements (under reet City -owned rights -of -ways) to the City's Division of Real Estate. it Quality Review Act, Article 8 of New York Environmental Part 617 ( "SEQRA "), a governmental agency is required, prior to taking the potential environmental impacts of a project to assess whether the nificant adverse environmental impacts. The Applicant prepared a Draft "DEIS ") and Final Environmental Impact Statement ( "FEIS ") for the ressed the needs and impacts for the tunnel, duct bank and other inter- [ Buffalo General Medical Center and determined that the Action as a ificant adverse environmental impacts. Specific to the request for as determined that since the easements will not materially interfere with of the Ellicott Street and Goodrich Street rights- of-ways, that the inimize the potential negative impacts associated with the proposed aid associated construction of the tunnel and duct bank in support of the is part of the environmental review process for the Action and the :hat the request and the conditions placed thereon, minimize to the erse environmental impacts associated with the Project. CONCLUSION vironmental, economic and social impacts of the proposed WCHOB, and cements for the tunnel and duct bank, the City of Buffalo Common easements to allow the Project to move forward as the feasible, prudent est balances environmental impacts with social, economic, and other [lows for mitigation of all environmental impacts to the greatest extent i and FEAF, and having considered the proceedings, facts, and equirements of 6 NYCRR Part 617 (State Environmental Quality Review indings certifies that: Common Council has considered the relevant environmental impacts, ins disclosed in the DEIS, FEIS and FEAF and their supporting materials; Common Council has weighed and balanced the relevant environmental economic, and other considerations; Common Council has provided a rationale for its decision; f Article 8 of the Environmental Conservation Law and the implementing RR Part 617 (State Environmental Quality Review Act [SEQRA]) have ial, economic and other essential considerations from among the ves available, the actions to be carried out are those which avoid or tximum extent practicable, adverse environmental impacts disclosed in FEAF; and nmental impacts will be minimized or avoided to the maximum extent ncil's designees are hereby directed to file and distribute this Findings of the Environmental Conservation Law and the implementing tate Environmental Quality Review Act [SEQRA]). xncil Richard A. Fontana icial Name of Responsible Officer March 5, 2013 Date iccil, 920 City Hall, 65 Niagara Square, Buffalo, New York wironmental Conservation ansportation alth .ecreation and Historic Preservation f New York Jealth and Substance Abuse Services athority (NFTA) nment and Planning Health Substance Abuse Services at Agency flee -il nit and Inspections Works) - - � o A a� � V ti y.., l W d o A 'E U' _va.rd i� ALP March 5, 2013 rtel Avenue -lase find a copy of the Certificate of Relief from Disabilities e to Mr. Adana Weitsman. As you will note this Certificate m any disability and bars with respect to holding a license, and Wholesale Junk Dealer licenses issued by the City of eitsman is not the applicant for the licenses currently pending y, this Certificate would entitle him to be an applicant as it. .gainst convicted felons set forth in the City ordinances. To conviction against his father in the face of this Certificate discretion. Very truly yours, Laurence K. Rabin WD FILED L ram all or certain enumerated disabilitleS, forfeltures or bars to his employment automatically ne or of the offense specified herein. ' ' . cate shall NOT deemed npr aonstmed to be a pardon. FOR EXPLANATION OF THE LAW GOVERNING THIS CERTWICATE ort to whom awardad. one copy Jr, to be retained by the issuing agency, and one copy Is to be =s, 4 Tower Place, Albany NY 12203 - 3702. is, Middle Initial ►m tnsalctions in Property Pi Activity; False ncial Institution E Court .w York 5: Date 0819 112003 supply fingerprints to DC.IS, If fingerprints tyre unobtainable, complete Items 15 below) 09468005H ` 6. Date of Sentence 0910212004 8, Certificate issued ray NOW Yanc Mate u frpartment of Corrections and Community 10, If this Certificate replapea previously issued Certificate, give date of previous Certificate of Relief from Dlsabilities ,� - Oo 1 Dat res, and of all disabilities and, bars to employment, excluding the right to retain , by virtue of the tact that this certificate is issued 'at the time of sentence. ise must agree with the Date Cert€f €sate issued. lies and bars to employment, excluding the right to be eligible for public office. ires, disabilities or bars hereinafter enumerated - removes all legal bars and Ise and privilege except those pertaining to firearms under Section 265,41(4) id except the right to be eligible for public office. red permanent. red temporary until . After this date, unless revoked eadler by the Department Supervision, this certificate shep bo considered permanent, A person who ise a revoked Certificate in order to obtain or exercise any right or privilege that 7taln or to exercise without valid certificate shall be guilty of a mladameanor, Print or type name 14. Title Angela B. Jimbnez DEPUTY COMMIS;SICKER ='OR pCJS ONLY IF F NGERPRINTS NOT.OBTAI . Height 18, Date of 13irth (Month, Day, Yeas of certificates of relief from disabilities are set forth in Article 23 of the New wcerpts below summarize certain portions of those laws and are set forth not intended as administrative interpretations and they do . not relieve any ipliance with the applicable provisions of law,) the holder, an "eligible offender" as defined in §700 of the Correction Law, of Isabilities, or bars to employment automatically imposed by law by reason of his specified on the face of this certificate. J a "temporary certificate" where (1) issued by a court to a holder who is under I in §700 of the Correction Law and the court's authority to revoke such -sued by the State Board of Parole and the holder is still under the supervision under a revocable sentence, this certificate may be revoked by the court for sentence and shall be revoked by the court if it revokes the sentence and n under the jurisdiction of the State Department of Correctional Services. supervision of the State Board of Parole, this certificate may be revoked by the is of parole or release. Any such revocation shall be upon notice and after an rtificate is not so revoked, it shall become a permanent certificate upon art's authority to revoke the sentence or upon termination of the jurisdiction of IGHTS OF RELIEF FROM DISABILITIES issued by a court at the time sentence is pronounced, it covers sabilities. In any other case the certificate applies only to disabilities. ie or the offense specified on the face of this certificate shall NOT ure of any license, permit, employment or franchise, including the right t an election, or automatic forfeiture of any other right or privilege, held and covered by the certificate. Nor shall such conviction be deemed n the meaning of any provision of law that imposes, by reason of a employment, a disability.to exercise any right or a disability to apply ense, permit or other authority or privilege, covered by the certificate. shall apply, or be construed so as to apply, to the right of such person igible for public office; and scond or subsequent violation of any subdivision of section eleven of the Vehicle and Traffic Law committed within the preceding ten a disability to apply for or receive an operator's license during the ouch law. �e or the offense specified on the face of this certificate shall NOT ministrative, licensing or. other body, board or authority from relying scified on the reverse side of this certificate as the basis for the nary power to suspend, revoke, refuse to issue or renew any license; V or privilege. __ February 27, 2013 on and for Lead Agency Status m Street African American Heritage Corridor Management Plan id Members of n Street African American Heritage Commission (the ection 41.5(1) of the Parks, Recreation and Historic Preservation (ork, is requesting Lead Agency status for the adoption of a neat Plan ") for the Michigan Street African American Heritage n 41.07 of the Parks, Recreation and Historic Preservation Law. If m's request for Lead Agency status, please sign both copies of this i return one signed copy by fax or mail to our office. ;QRA, agencies that undertake, fund or approve an action must al impact on the environment. When two or more agencies are Type I action, a Lead Agency is designated to coordinate the and assure compliance with the requirements of SEQRA. As an agency has been identified as one of the potentially involved rsed for your review is Part I of the Full Environmental Assessment your agreement with appointing the Commission as Lead Agency ental review of this project under SEQRA in writing as soon as om you within thirty days of this letter's date, we will assume that on assuming Lead Agency status. your attention to this matter. Sincerely, Laurence K. Rubin Counsel to the Commission al Management Zecreation and Historic Preservation ?38 concurs with the Michigan Street African American ion's assumption of Lead Agency status for the coordinated )roject referenced above. (Signature) (Title) (Date) February 27, 2013 ion and for Lead Agency Status in Street African American Heritage Corridor Management Plan id Members of n Street African American Heritage Commission (the ection 41.5(1) of the Parks, Recreation and Historic Preservation (ork, is requesting Lead Agency status for the adoption of a rent Plan ") for the Michigan Street African American Heritage n 41.07 of the Parks, Recreation and Historic Preservation Law. If n's request for Lead Agency status, please sign both copies of this 1 return one signed copy by fax or mail to our office, 'QRA, agencies that undertake, fund or approve an action must d impact on the environment. When two or more agencies are Type I action, a Lead Agency is designated to coordinate the nd assure compliance with the requirements of SEQRA. As an agency has been identified as one of the potentially involved sed for your review is Part I of the Pull Environmental Assessment your agreement with appointing the Commission as Lead Agency -ntal review of this project under SEQRA in writing as soon as )m you within thirty days of this letter's date, we will assume that )n assuming Lead Agency status. your attention to this matter. Sincerely, r Laurence K. Rubin Counsel to the Commission tal Management Recreation and Historic Preservation 238 concurs with the Michigan Street African American ion's assumption of Lead Agency status for the coordinated project referenced above. (Signature) (Title) (Date) ENVIRONMENTAL ASSESSMENT FORM applicants and agencies determine, in an orderly manner, whether a project or action may in action may be significant is not always easy to answer. Frequently, there are aspects of ble. It is also understood that those who determine significance may have little or no formal t be technically expert in environmental analysis. In addition, many who have knowledge f the broader concerns affecting the question of significance. e a method whereby applicants and agencies can be assured that the determination process a, yet flexible enough to allow introduction of information to fit a project or action. �mprised of three parts: ind information about a given project and its site, By identifying basic project data, it assists s that takes place in Parts 2 and 3. ie range of possible impacts that may occur from a project or action. It provides guidance is likely to be considered small to moderate or whether it is a potentially -large impact. The her an impact can be mitigated or reduced. identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is AREA FOR LEAD AGENCY USE ONLY V OF SIGNIFICANCE -- Type 1 and Unlisted Actions this project: 1-1 Part 1 ®Part 2 ElPart 3 m this EAF (Parts 1 and 2 and 3 if appropriate) and any other supporting information, and tance of each impact, it is reasonably determined by the lead agency that: ilt in any large and important impact(s) and, therefore, is one which will not have a environment, therefore a negative declaration will be prepared. uld have a significant effect on the environment, there will not be a significant effect because the mitigation measures described in PART 3 have been required, therefore ie declaration will be prepared.* i one or more large and important impacts that may have a significant impact on the i positive declaration will be prepared. lion is only valid for Unlisted Actions Aican American Heritage Corridor Commission Management Pla Name of Action n Heritage Corridor Commission Name of Lead Agency Counsel in Lead Agency Title of Responsible Officer F lency Signature of Preparer (If different from responsible officer) i t assist in determining whether the action proposed may have a significant effect on the form, Parts A through F. Answers to these questions will be considered as part'of the ct to further verification and public review. Provide any additional information you believe %F will be dependent on information currently available and will not involve new studies, squiring such additional work is unavailable, so indicate and specify each instance. nt Plan for the Michigan Street African Ame H e r itage Co Municipality and County) om Swan Street to East Ferry Street, Buffalo, New York -eet African American Heritage Corridor Commission .hange Street, Ste 800 State New York Zip Code 14210 State Zip Code arks, Recreation and Historic Preservation Law of the State of New York, the Michigan Street unission has been created to develop a Management Plan for the Michigan Street African °omote and enhance the historic, cultural, economic and architectural resources of the heritage nnagement Plan. leveloped and undeveloped areas, Industrial ® Commercial Agriculture ® Other 1 9 7 acres. 11 Residential (suburban) [D Rural (non -farm) , oject site? Urban lined % of site IZI Moderately well drained 100 % of site. Trained % of site how many acres of soil are classified within soil group 1 through 4 of the NYS Land acres (see 1 NYCRR 370), ject site? ® Yes IF] No 10 (in feet) ►roject site with slopes; 0 % M 15% or greater _% or contain a building, site, or district, listed on the State or National Registers of No site listed on the Register of National Natural Landmarks? ® Yes MNo >4 (in feet) ' PRESENTLY AFTER COMPLETION ral) 0 acres 0 acres 0 acres 0 acres ind, pasture, etc.) 0 acres 0 acres articles 24,25 of ECL) 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres Faces 157 acres 157 acres p ing and lawn 45 acres 45 acres , oject site? Urban lined % of site IZI Moderately well drained 100 % of site. Trained % of site how many acres of soil are classified within soil group 1 through 4 of the NYS Land acres (see 1 NYCRR 370), ject site? ® Yes IF] No 10 (in feet) ►roject site with slopes; 0 % M 15% or greater _% or contain a building, site, or district, listed on the State or National Registers of No site listed on the Register of National Natural Landmarks? ® Yes MNo >4 (in feet) ' forms on the project site? (Le., cliffs, dunes, other geological formations? he community or neighborhood as an open space or recreation area? i 4 F , iews known to be important to the community? Yes EINo ct area: i ?r to which it is tributary it contiguous to project area: exist to allow connection? M Yes U No cessary to allow connection? 17 Yes Ro listrict certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and No contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, I No lisposal of solid or hazardous wastes? ® Yes No it :A attached hereto and made apart hereof sect (fill in dimensions as appropriate). or controlled by project sponsor: acres. acres initially; acres ultimately. loped: acres. (if appropriate) licate percent of expansion proposed, % :es existing proposed �d per hour: (upon completion of project)? housing units: mily Two Family Multiple Family Condominium ised structure: height; width; thoroughfare project will occupy is? ft. earth, etc.) will be removed from the site? tons /cubic yards. El Yes ® No NIA its the site being reclaimed? length. nation? El EI No r reclamation? 1:1 Yes ONO eriod of construction: months, (including demolition) :ed (number) , nt phase 1: month year, (including demolition) final phase: month year. it on subsequent phases? 0 Yes 0 No in? E] Yes IHI No istruction ; after project is complete ject )rojects or facilities? 1:1 Yes IHI No vd? M Yes E] N o vage, industrial, etc) and amount ffluent will be discharged /olved? E] Yes l No Type body increase or decrease by proposal? E] Yes El No aced in a 100 year Flood plain? 1:1 Yes M No ® Yes EI No nth? tons facility be used? ® Yes Cho : location 'age disposal system or into a sanitary landfill? 17 Yes '®I No sf solid waste? MYes ENo ;e of disposal? tons /month. life? years. es? E]Yes El No more than one hour per day) ?.ID Yes El No =eeding the local ambient noise levels? E]Yes El No ergy use? ® Yes El No �Q gallons /day. :deral funding? HI Yes EI No ;s may be used to help implement the Plan's recommendations in the future. pumping capacity N/A gallons /minute. F 3 Yes No Approval of Draft 2/15/2013 � Management Plan by Buffalo Common Council Yes 0 No Yes No El Yes El No ( Byes 11 No Approval of Draft 3101113 Management Plan by Corridor Commission 0 Yes IE No �� Yes El No Approval of Draft Management Plan by Commissioner of OPRHP Yes IHI No ing or zoning decision? EYes 1:1 No Zoning variance New /revision of master plan ® Subdivision cnarial Ilea normih 1 'a Ooeni rrne mn nonomon* nion Ilrh.,r opment of the site if developed as permitted by the present zoning? )pment of the site if developed as permitted by the proposed zoning? i the recommended uses in adopted local land use plans? Yes No and zoning classifications within a '/a mile radius of proposed action? n of land, how many lots are proposed? NIA i adjoining /surrounding land uses with a 1 /4 mile? ID Yes ® No nand for any community provided services (recreation, education, police, fire protection? lent to handle projected demand? Yes E No generation of traffic significantly above present levels? Yes No rk adequate to handle the additional traffic. ©Yes E] No nay be needed to clarify your project. If there are or may be any adverse impacts ,uss such impacts and the measures which you propose to mitigate or avoid them. above is true to the best of my knowledge, Date ire a state agency, complete the Coastal Assessment Form before proceeding with this Zent Plan for cultural, historical and architectural, and economic i of the City of Buffalo and does not involve any specific id as such this section is not applicable. Heritage Corridor Management Plan ouncil hereby concurs with the Michigan Street African- American ion's assumption of Lead Agency status for the coordinated e Michigan Street African - American Heritage Corridor Management * AYE * NO * FONTANA * FRANOZYlc GOLO.MBEK LOCURTO PRIDGEN PIVIUU RUSS= * � SCANI,O►N * 9mm 2S - 6 T:o * * * 314- 7 OFFICE OF PRESIDENT PRO TEMPORE �W5 A L- R FINANCE LEGISLATION RULES SPECIAL COMMITTEES MINORITY BUSINESS ENTERPRISE POLICE OVERSIGHT TRANSPORTATION MEMBER BUFFALO URBAN RENEWAL AGENCY SENIOR LEGISLATIVE ASSISTANT SANDRA D. MUNSON LEGISLATIVE ASSISTANT MARY ELIZABETH LAMPARELLI n. Buffalo News Article — Store Owner Charged in Tobacco Sale to ouncil General Meeting, March 5, 2013. [ember er charged in tobacco for -1 ebruary 1g, 2013, 07:50 AM venue man was arrested about 1:50 r allegedly selling a pack of cigarettes 7o Kensington to an undercover 15- rking with law enforcement. is, 53, was charged with second- ly dealing with a child. NESS REGULATORY TASK FORCE ✓Iitchell M. Stenger, Esq., of Counsel WNYFTA Issue Positions re: food trucks now "sunsets" on April 1, 2013. At the invitation of irman Joseph Golombek, the WNYFTA has prepared a detailed letter specific recommendations, and our rationale for same, to address rrent statute. villing to refrain from seeking relief from the current operating )0 ft. radius proximity restriction from open restaurants, in exchange for licensing and permit fees now assessed by the City ($1,000 annual fee) y in excess of $1,000, as calculated by the square footage of the truck); to eliminate or consolidate various Special Event permit and rnnual renewal of the food truck license and associated fee. ear of operation, the members of the WNYFTA have not received a n of the current food truck law. Its members have concluded that the ns are not precluding trucks from successfully operating throughout , e annual fees assessed by both the City and (especially) Buffalo Place ke an albatross upon the local food track industry, hindering many of aking flight. ing and revising the various fee structures are set forth herein (see, i.e., c). The WNYFTA looks forward to working with representatives of the rlo Place on how we can partner with the City to allow food trucks to ig the concerns of existing businesses and restaurants. of Counsel to the WNYFTA imino, House of Munch (Mike Albarella) The Black Market Food Truck (Michael is Taylor, Dimmer, Christian Willmott) Frank Gourmet Hot Dogs (Frank Tripi, Paul Tripi) ars) Amy's Food Truck (Amanda Amico) lrewcr) 141E COMMITTEE � �: ATTORNEYS AT LAw www.klosslaw.com )03 TELEPHONE: 716 - 847 - 2923 FAcsi M I LE: 716-847-2924 I EMAIL: MSTENGERC�KLOSSLAW.COM March 5, 2013 nmittee : "Mobile Food Vehicle Vendors" for the Western New York Food Truck Association ( "WNYFTA ") In 2011 in response to the efforts by the City of Buffalo, its Common )n Counsel to create a new Ordinance Amendment to revise Article )rovide for "Mobile Food Vehicle Vendors" ("NOW") -- more )d trucks. led a "Sunset Provision" 0316 -58), whereby the statute would "no ive" as of April 1, 2013, "without subsequent action by the Common � or modify the same." is (or more), while the issue of food trucks has been before this nbers have successfully operated without any citations for violations ty complaints regarding the conduct of food trucks operating in the Id, in those instances, usually resulted from the complainant's own the statute's provisions. ' of this food truck legislation provides a unique opportunity to with revisions so as to address perceived shortcomings therein and, continued growth of the new food truck model while also balancing 4ortar" ("B &M ") restaurants. in contains specific WNYFTA recommendations and rationale for tatute; we also address more generalized issues with the City's industry. For your convenience, we have enclosed a summary of the Ve look forward to the opportunity to state our case, later this month, nmittee, as well as with the entire Common Council. ;013) nearly all food trucks currently operating in Buffalo and its ;hed is our 2013 Roster with updated contact and product information ow comprise our group. ding members (Lloyd Taco Truck; Roaming Buffalo; R &R BBQ; ,et Hearth), we have in the past year welcomed four new food trucks inch; The Black Market Food Truck; Frank Gourmet Hot Dogs; proudly note that R &R BBQ has just opened a restaurant on Seneca Conversely, Amy's Place Restaurant has recently opened a food a mobile version of its B &M. Also, The Place Restaurant (the the WNYFTA) operates a catering food trailer (as opposed to a ly, the artificial boundaries between restaurants and food trucks are ;d -- much to the benefit of both groups (as well as to the dining adequately addressed is whether Pine Hill (which reportedly has fifty operating in and about Buffalo), is a "Mobile Food Vehicle Vendor" In any event, the WNYFTA strongly urges the Council to provide ,pplies to the business as a whole -- and not to each individual food 'ruck, which has recently added a second truck, seeks to pay $1,000 D for two licenses for two trucks. Alternatively, a business with one go through the repeated permitting process, but to then pay a $100) for each truck beyond the initially licensed vehicle. Clearly, itend for a business such as Pine Hill to pay a sum of $50,000 ($1,000 trucks. zk License (Ch. §316 -55) and Associated Fees ee of $1,000 is far in excess of the amount set by municipalities nation and belief, greatly exceeds the associated cost to the City in ,k licensing program (believed to be in a range of $250 - $350 per be accruing profits to City coffers by assessing onerous fees upon the start-up businesses. to the WNYFTA, is that we lost two founding members of the group Whole Hog (Kathleen Haggerty); and The Cheesy Chick (Alexis no longer operating and, in fact, are listed for sale. This is directly ve fees charged. by Buffalo for its city -wide license ($1,000), the to $1,400, depending on the square footage of the truck), and the rmits ($31.50 per event). ly the WNYFTA license fees and permits can add up, the following led by Lloyd Taco Truck in the past year in and around the City of for Lloyd Taco Truck (2012) ion for commissary /year $ 200 $180x2= $ 360 our commissary per year $ 400 d Check $ 1,400 $ 1,000 $31.50 x 10 = $ 315 $ 900 , al $ 800 I $ 300 1 Check $ 20 d Check $ 15 $ 500 Zit 75 'AL FEES UL 5 trucks (along with R &R BBQ) who have obtained permits for the ?lace. These permits are overly restrictive in that: ,h too expensive (well over $1,000), calculated by square footage (as iot dog cart), and are therefore beyond the means of most start-up )erators; and, n only operate in a single designated (and generally undesirable) trucks cannot roam freely as they can elsewhere throughout in the ge survey, prepared by the Institute for Justice, setting forth the food )y fifty (50) cities throughout the country. All of these fees are well Est part, lie within a range of $55 to $450. Moreover, Buffalo should York State Senator Tim Kennedy has recently proposed legislation food truck permit to $250 for all municipalities outside of New York 1000 per truck fee is excessive and needs to be substantially reduced. k propose the following: )d truck fee should be no more than $300 - $400 per year; ;ee for a truck, already operating in the City, should be no more business with more than one vehicle should pay a total fee of no 00 per year; anal fee should be pro -rated on a monthly basis for any new truck approved during the course of a year; Id allow trucks the option of obtaining a six -month license -- at half ae annual fee -- for those trucks choosing to operate seasonally; and, :s holding a City - issued license must apply for a Special Event ne -off' festivals, etc.; however, the assessed cost of the Special ($31.50) would be waived by the City for those trucks already aerate in Buffalo. ief, the Common Council is the governing body that provides the Falo Place to administer this Special District. The separate legislation Council, to reconfigure the Buffalo Place border in the wharf/ it a first "baby step" in the right direction to open up this designated The fact that only two food trucks now hold Buffalo Place permits is )licies of the Common Council and Buffalo Place are exceedingly uld prefer to have the Buffalo Place permit fee eliminated in its ;tubers of the group acknowledge that change to this degree is Thus, the WNYFTA is willing to work with representatives of both ,aw Department, and Buffalo Place to discuss more appropriate fees ating restrictions in this vital downtown district. Moreover, it is ,s of Buffalo Place come to the table, together with the food trucks )mplish this goal for the benefit of all parties with vested interests in use find the article "Seven Myths and Realities About Food Trucks: A Truck Freedom," published by the Institute of Justice ( "I4J') as Vending Initiative. Ms. Christina Walsh (an employee of this non - ,ssed the Common Council last year in chambers, and spoke ers of your body in this regard. sblic interest law firm committed to litigating and defeating anti - tt violate the Constitutional rights of street and food vendors; they lenged many restrictive food truck provisions in Chicago, and e same in El Paso, Texas. provides facts and evidence to debunk many popular, but erroneous, ;specially with respect to their interactions with B &M restaurants. In ►d trucks do not harm — but, rather, are helpful — to a city's restaurant common belief, food trucks in fact do not hold any unfair advantage to their inherent mobility (Myth #2) or because food trucks may not set of costs of restaurants (Myth #3). The WNYI~TA strongly urges take a moment to review this essential information. We will be etter memorandum and all enclosures, including the I4J material, to as well. I 16 -52) of the opinion that proximity restrictions and restricted zones, as Aute, are unnecessary and, moreover, vastly exceed those of other Cities should not endorse legislation which protects select few n; rather, good government should only enact narrowly - tailored laws flit from actual health and safety concerns. Indeed, the 14J maintains ies in the country, with food truck legislation on the books, have no soever (See, i.e., www.ii.org /vending "Food Truck Freedom: How to ws in Your City "). and good faith negotiation, however, the WNYFTA is not seeking any feral Provisions, " regulating the conduct of city -wide food truck is not seeking to reduce the current 100 ft. proximity restriction ates as a 200 ft. radius from the walls of a B &M restaurant). Lite's "waiver" provision — whereby a B &M can consent to and, � operate within the statutorily prohibited area of their own restaurant 1-thinking B &M restaurants (i.e., Hardware, Cecilia's, Vera's Pizza) their front door — while thereby increasing their own food/beverage our popular trucks. ximity restrictions are not necessarily preventing trucks from xghout the city; rather, it is the draconian license /permit fees of the continue to repress the growth of the food truck scene in Buffalo. current members of the WNYFTA have Buffalo licenses; rather trade in the outlying suburbs, where the permitting and regulation expensive or restrictive. suburbs are now contemplating amendments to their current to specifically include food trucks, and to insert higher fees and obile vendors. These municipalities can be expected to follow the n this regard and, in this respect, the current fee structure in the City cted to having a chilling effect upon the viability of food truck surrounding suburbs. Common Council, as the governing body for the third- poorest city in leadership and work with the members of the WNYFTA to come up station that adequately addresses the concerns of existing businesses, the legal foundation for the entrepreneurial spirit of the food truck I ultimately flourish. s already been invented elsewhere; indeed, the WNYFTA has now the tools to fashion progressive legislation that can be held up as an ties to follow throughout western New York, the State of New York, FTA thank you for this opportunity, and we look forward to sitting of the great City of Buffalo, as well as Buffalo Place, in working these mutual goals. Very Truly Yours, Mitchell M. Stenger gular mail) is regular mail) r1uuiN5 LyLIC LLr February 28, 2013 �r and Scrap Processors' License Applications for .7 Hertel Avenue, 204 Military Road and 320 ►, New York en of the Common Council: s of a coalition of concerned citizens ( "Coalition ") comprised ork in the vicinity of a proposed scrap metal processing :y ") at 409 Hertel Avenue, 427 Hertel Avenue, 204 Military gad ( "Site ") in the City of Buffalo. The Coalition includes the ociation, North Buffalo Enterprises and a dozen or so Kimity to the Proposed Facility. The Coalition strongly objects e junk dealer license and a scrap processor license ( "Licenses ") City of Buffalo Charter and Code ( "Code') to Ben Weitsman & plicant "), an affiliate of Upstate Shredding LLC and Ben ail below, for several reasons, the Coalition believes the may not, be granted to the Applicant. The Code states that of the Proposed Facility may not be undertaken within 200 feet plicant's own submissions clearly indicate there are homes less e. In addition, the Code clearly prohibits the issuance of the se owner or operator has been convicted of a felony. While zumvent this prohibition by making his wife the owner, the ATTORNEYS AT LAW -ouncil February 28, 2013 fishes that Adam Weitsman, who was convicted of a felony in 'Ilion in worthless checks to meet the needs of his business, act, the operator. The very nature of this crime {not to -ion to the Proposed Facility is disconcerting, in addition to dbits the granting of a license to someone convicted of such a upon the Common Council to take into account the impact of ipon the environment and residential neighbors when ition. There are serious concerns about the noise from the mpact upon sensitive receptors within the vicinity of the Site, blic school immediately across the street from the Proposed gnificant increase in traffic volume from the Proposed npact the community, near an intersection which already has of traffic accidents. Any one of these issues justify denial of abination, it is respectfully submitted that the Council must icant. ruing exhibits attached hereto and made part of this letter: to Plan Application ill Environmental Assessment Form s from City of Buffalo GIS Map ipplemental Submission to the Planning Board - , 2012 edding to Grow 29 percent in 2013" ►ncial Institution Fraud and Failure Report cond Noise Report - February 4, 2013 and Machinery Noise Level Graphs from February 4, 2013, cground Noise Level Report - December 31, 2012 affic Study January 14, 2013 Submission to Planning Board -ouncil February 28, 2013 ester Junk Dealer License to Adam Weitsman /Ben Weitsman ;hester d /b /a Upstate Shredding rohibits anyone from carrying on the business of buying, �g in any used or second hand materials including but not End automotive parts, equipment or accessories without a zse from the Common Council. Chapter 254 -6 also authorizes cessor license to anyone who holds a wholesale junk dealer res that the Common Council approve or deny such licenses apact of such activity upon the environment, upon !ighborhoods and upon other relevant factors such as noise, , ease of ingress and egress from the proposed activity and Eety and welfare ". vithin 200 feet of Residential Dwellings in Violation of ode expressly prohibits abandoning, wrecking, dismantling, keeping scrap metal, junk vehicles or other scrap material in yen area on premises any part of which is closer than 200 feet ;s. This prohibition explicitly applies to scrap metal )licant. (See Chapter 254- 6(B)). The Applicant's site plan '.o as Exhibit A) clearly shows that there are residential rom the Site on Hertel Avenue which are much closer than cant will store and sort junk vehicles and scrap metal in open 'age and sorting of junk vehicles and scrap metals, as detailed ction in the Full Environmental Assessment Form (hereto :pressly prohibited by Chapter 254. R. X131 City of Buffalo Common Council February 28, 2013 Page 4 We understand that the Applicant has taken the position that this prohibition does not apply to the Proposed Facility because an auto parts /junk yard business known as Auto City previously operated on the Site. While Chapter 254 does, in fact, contain a grandfathering exception to the 200 foot prohibition for wholesale junk dealers that have been operating on the same premises since June, 1951, the Applicant cannot qualify for this exception for three different reasons, each of which requires that the Licenses be denied. First, the Proposed Facility is a high volume scrap processor which estimates that it will have hundreds of customers per day. (See Exhibit B). Its operations have no similarity to Auto City, a small junk parts yard, which would have had only a dozen or so customers a day. Second, in order to qualify for the grandfathering exception, the new junk dealer must be on the same premises as the old junk dealer. However, Auto City only operated at 409 Hertel, The Proposed Facility will be located at 409 Hertel, 427 Hertel Avenue, 204 Military Road and 320 Military Road. These other properties are unimproved and not part of Auto City. (See aerial photos from the City of Buffalo GIS mapping tool available online (attached hereto as Exhibit C)). Thus, use of these properties for the Proposed Facility cannot be grandfathered. Third, and no less important, even if the Applicant could establish that Auto City was in operation since 1951 (we are unaware of any evidence of same), Auto City ceased operations at 409 Hertel last summer. The exception only applies to premises where a wholesale junk dealer is "established and operating." Thus, Auto City's former operation at 409 Hertel cannot serve as a basis to circumvent the 200 foot prohibition. The ProlDosed FacifitV Would Be Operated by a Convicted Felon in Violation of Chapter 254. Chapter 254 -4 of the Code prohibits the Common Council from issuing the Licenses to any owner or operator that has been convicted of a felony. (Emphasis added). In an apparent effort to circumvent this prohibition, the Applicant has not identified Adam ® ?j City of Buffalo Common Council Page 5 February 28, 2013 Weitsman, the owner of Upstate Shredding/ Ben Weitsman & Sonj as the owner of Ben Weitsman & Son of Buffalo. Instead, Applicant has identified Kim Weitsman, Adam Weitsman's wife, as its owner. Nonetheless, even if Applicant has not identified himself as the owner, it is clear that Adam Weitsman will be the operator of the Proposed Facility. In fact, the Applicant submitted information to the Planning Board with its site plan application for the Proposed Facility that clearly states the Proposed Facility will be operated by Adam Weitsman s company, Upstate Shredding/ Ben Weitsman & Son. For instance, a packet of news articles written specifically about Upstate Shredding and Ben Weitsman & Son was submitted to the Planning Board by the Applicant as demonstrative of the quality of the operator of the Proposed Facility. (See Exhibit D). An additional news article, available on the website for Upstate Shredding /Ben Weitsman & Son (www.upstateshredding.com) discusses the recent growth of Upstate Shredding/ Ben Weitsman & Son. Adam Weitsman is directly quoted as saying that he expects approval of his new Buffalo facility shortly. (See Exhibit E). These articles, submitted or posted by Upstate Shredding /Ben Weitsman & Son, establish that Adam Weitsman will, in fact, be the operator of the Proposed Faciiity.2 It is the Coalition's understanding that Mr. Weitsman has a prior felony conviction for fraud. In fact, a 2004 report issued by the FBI states that Mr. Weitsman, the owner of a recycling business in the Binghamton, New York area, was sentenced to prison in 2004 for check fraud. (See Page 36 -7 of FBI report attached hereto as Exhibit F). The FBI states that Mr. Weitsman wrote in excess of $1 billion in worthless checks to obtain cash to meet the operational needs of his business, Upstate Shredding, This clearly demonstrates that Applicant must be denied the Licenses. Under Chapter 254 -4 of the ? The website for Upstate Shredding/ Ben Weitsman & Son, Inc. clearly identifies Adam Weitsman as the owner of the company (see, message from the owner under corporate profile: site visited on February 22, 2013). ? See also, Junk Operator License from City of Rochester issued to Adam Weitsman as owner of Ben Weitsman & Son of Rochester d /b /a Upstate Shredding, attached hereto as Exhibit L. A City of Buffalo Common Council Page 6 February 28, 2013 Code, the Licenses cannot be granted to a facility whose operator has been convicted of a felony, particularly a conviction having to do with fraud. (See Chapter 254 -4 prohibiting issuance of licenses to anyone convicted of "fraud of any sort "). It is respectfully submitted that such denial is necessary to protect the citizens of Buffalo. While Mr. Weitsman has worked hard to create an image as a philanthropist and respected businessman (see Exhibit D), Coalition members have learned of disturbing reports about Mr. Weitsman's "aggressive" business tactics. A competitor of Coalition member North Buffalo Enterprises recently reported that Weitsman employees have been parking outside of his facility and taking down the license plate numbers of his customers. These customers are then contacted and advised to utilize Upstate Shredding. This is not the kind of operator that the City should be granting Licenses. Noise and Traffic from the Proposed Facility Justify DeE,ng the Licenses Aside from the Code compliance problems, the Applicant's submissions to the Planning Board give rise to significant concerns regarding potential adverse impacts to the surrounding community from noise and traffic associated with the Proposed Facility. • Noise Impacts Noise from the Proposed Facility will be a significant issue in the community. The Applicant prepared two different noise studies by two different consultants in conjunction with the Planning Board's State Environmental Quality Review Act ( "SEQR ") process for the Proposed Facility. While the final noise report dated February 4, 2013 states that noise impacts will not be significant from a SEQR perspective, this report (attached hereto as Exhibit G,) clearly documents that noise levels from the Proposed Facility and its machinery will be significantly louder than existing baseline noise levels at the residential properties across the street (see Exhibit I). This conclusion is consistent with the Coalition's efforts to document background noise 07 City of Buffalo Common Council Page 7 February 28, 2013 levels. In order to establish existing noise levels in the vicinity of the Site, Arcadis, a well- respected environmental firm, was retained by a Coalition member in December to conduct a background noise assessment on a residential property immediately across Hertel Avenue from the Site. A copy of Arcadis' December 31, 2012 report is attached hereto as Exhibit L The report clearly documents that on weekday afternoons and weekends, when background noise levels are lowest, the Proposed Facility will increase noise levels substantially and, in some cases, by more than 15 decibels. This will significantly impact the quality of life for residents living across Hertel Avenue from the Proposed Facility, which will operate seven days a week from 7:00 am to 7:00 pm. It will also adversely impact students attending class at the West Hertel Academy, which sits across from the Proposed Facility on Military Road. • Traffic Impacts The Applicant also provided a Traffic Study to the Planning Board in connection with the SEQR process for the Proposed Facility. The Traffic Study, attached hereto as Exhibit 1, raises significant concerns about localized traffic impacts, particularly at the intersection of Hertel Avenue and Military Road, an intersection with a history of a high number of traffic accidents. The traffic projections for the Proposed Facility are based upon unsubstantiated assumptions which we believe substantially underestimate traffic that will actually result from Applicant's operations. The key unsubstantiated assumption is that the average customer transaction will be approximately 1200 pounds per transaction. Local data that we submitted to the Planning Board shows that average customer transactions in Buffalo are closer to 500 pounds per transaction. This means that in order for Applicant to reach its projected volume of scrap, traffic levels will be 2 to 3 times higher than the volumes projected in its traffic study. Such volumes will have a significant impact on the local community.3 rL 3 Other problems with Applicant's Traffic Study are noted in our January 14, 2013 letter submitted to the Planning Board (attached hereto as Exhibit K). City of Buffalo Common Council Page 8 February 28, 2013 While noise and traffic impacts from the Proposed Facility may not be significant enough to require the preparation of an environmental impact statement pursuant to SEAR, they are significant enough to justify the denial of the Licenses. Conclusion Based on the information presented above, the Coalition respectfully suggests that the Common Council must deny the Licenses to Applicant. We sincerely appreciate the opportunity to submit these comments to the Common Council and trust that the information provided herein will result in appropriate action by the Council. Very respectfully submitted, Phillips Lytle LLP By / L= -- Adam S. Walters ASW/ pjs Attachments Doc #01- 2643168.2 RECEIVED AMID MED PETITIONS March 5, 2013 00 W. Breeser, Owner, Use 1270 Niagara St to Convert a Warehouse to a Fitness Center In the Niagara River Coastal Special Review District (hrg 3/12/13)(Nia) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �J LN�q GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: k CD G re �. kh - F7 n�S .5 CP� To be held in the Council Chamber, 13 Floor, City Hall On: OFFICE OF THE CITY CLERK at 2:00 PM I am also info med that this is the only notice that the petitioner and or owner will receive, and that if am not the Wner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed L (Agen /Owner) Print Name �''� �� G �� 4-'- Phone # _ �c� a Q 5 V b j Date f 3 jEo 6 1 ATTENTION P r I PLEASE-ALSO CONTACT THE PLANNING BOARD 5148 OR PLANNING BOARD MEETING C4 GC Building Application ' b5 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 02/27/2013 02:48 PM Submitted By DAVID GRUNDY Page 1 AIP # 191543 Processed Issued Final Date I Time By Temp COO COO Expires Date I Time By 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 iScrintion of Work COMMON COUNCIL APPROVAL REQUIRED, SECTION 511 -68 C, FOR RESTRICTED USE PERMIT IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTR ICT: PUBLIC - HEARING REQUIRED FEE REQUIRED: CHANGE OF USE - CHANGE USE IN A PORTION OF THE FIRST FLOOR OF A 2 STORY MASONRY MIXED -USE COMMERCIAL BUILDING FROM WAREHOUSE TO A HEALTH 1 FITNES CENTER. EXISITNG USES OF F -1, S -1, AND B REMAIN. PLANS REQUIRED. Parent A!f # Project # Project/Phase Name Phase # Size /Area Size Description Address 1270 NIAGARA BUFFALO NY 14213- Location Contact ID AC229263 Name BREESER REAL ESTATE Mailing Address 1255 NIAGARA ST City BUFFALO ZIPIPC 14213 Day Phone Fax Occupant N From To Contact ID AC793477 Name THOMAS J KIELICH Mailing Address 1270 NIAGARA ST City BUFFALO ZIPIPC 14213 Day Phone (716)881 -5520 x Fax (716 )881 -4430 Organization State /Province NY Country USA Evening Phone Mobile # Owner Y From 06/16/2006 To Organization TODAYS DEVELOPMENT INC State /Province NY Country USA Evening Phone Mobile # (716)570 -3426 Occupant N From To Owner Y From 04/10/2001 To 05/06/2007 Contact ID AC45475 Name O'SHANTER RESOURCES INC Mailing Address 403 MAIN ST Organization City BUFFALO State /Province NY ZIPIPC 14203 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 ❑ Foreign ❑ Foreign ❑ Foreign City of Buffalo GC Building Applidation 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 02/27/2013 02A8 PM Submitted By DAVID GRUNDY Page 2 No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 0992500001003000 No Parcels are linked to this Application No Applicant Contacts Primary Y Contact ID AC1242906 dame TODAY'S DEVELOPMENT INC Expire Mailing Address Contact 10 OWNER Organization OWNER/TENANT City 1270 NIAGARA ST Fax 5tatelProvince BUFFALO NY Comments ZIPIPC 14213 Country ❑ Foreign Day Phone 000000 Evening Phone OWNER OF PROPERTY Fax PLU AC122429 Mobile # 000000 Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC886568 Name TODAY'S DEVELOPMENT INC Mailing Address 1270 NIAGARA ST Organization City BUFFALO StatelProvince NY ZIPIPC 14213 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From 11/25/2001 To 05/06/2007 No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 0992500001003000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact 10 OWNER Name OWNER/TENANT Phone Fax Address (SEE UNDER APPLICANT) Comments No Comments 000000 SBU AC12792 OWNER OF PROPERTY 0000000 PLU AC122429 OWNER 000000 HIM AC12792 OWNER OF PROPERTY Total Unpaid 0.00 To P aid 0.00 AUB U RN AV. ZO I 41. $ifp p/ po 1* lot?• R ,VC- Cr. Arm S-Alb si fii 12- 3-4 NO-N Nu F-KI, Ad, 4p \01 14 ti�� 'awl ens /t '��- �LA��`"-1•r� -- � ;_.` ;: Rw rw W ' IrA,. O�y fA' P A M $ifp p/ 1* lot?• P A 00059 J. Glavey, Owner, Use 904 Abbott Rd for an Outdoor Patio (hrg 3112 /13)(South) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS fit 6 ° OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BAL.DWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 3p 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 1 am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed (Agen /Owner) Print Name r a &j t C> j Phone # I— ) T I 060 0-. Date 3-5 C.c r\-c—C f P L 'A / 4 1115 PLEASE ALSO CONTACT THE PLANNING BOARD 851 -5085 FOR PLANNING BOARD MEETING P<'_0 0 M qD / City of-Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 02/28/2013 01:52 PM Submitted By Mike Castro Page 1 AIP # 191570 Date 1 Time By Date 1 Time By Processed 02/28/2013 13:38 CASTM Temp COO Issued COO Final Expires soGmated Information Name 904 ABBOTT ROAD INC Valuation Declared Valuation 0.00 Organization Type of Work # Plans 0 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Occupant N From Square Footage 0.00 Name Contact ID AC104006 Name REILLYNINCENT J & DEBRA Description of Work Organization uj--rz,p + A.fiar r1 ZBA required * ** Permittec Uses Common Council Approval required * * ** for outdoor cafe in a C1 district.Contactjohn 777 -0002 Parent AIP # Day Phone Evening Phone Project # ProjectlPhase Name Mobile # Phase # Size /Area Size Description Address 904 ABBOTT BUFFALO NY 14220 - Location Contact ID AC359973 Name 904 ABBOTT ROAD INC Mailing Address 61 WOODCREST Organization City W SENECA State /Province NY ZIPIPC 14224 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 0710112011 Te Contact ID AC104006 Name REILLYNINCENT J & DEBRA Mailing Address 56 REMINGTON PLACE Organization City BUFFALO State /Province NY ZIPIPC 14210 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From . To Owner Y From 05/28/2000 To 05/0612007 No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application City of Buffalo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)651 -4949 Fax (716)851 -5472 Report Date 02/28/2013 01:52 PM Submitted By Mike Castro Page 2 1336600001034000 No Parcels are linked to this Application No Applicant Contacts Primary Y Capacity Type Effective Expire Contact ID OWNER Name OWNERfTENANT Phone Fax Address (SEE UN DER Comments Inspections Successful john - 000 Reviews Successful "� ..::rt '{ �" w:. C} �a' u{} �4. v'. 8u. �i. F i>. L`'`. 5.. �-. � u' �:3_�4�� ..+n- safi'�.lth_� Y¢..._ �h��3.Wt� �" i7' �' r ���a. �A: ��ss". i.}". �a�•. f3s�vil�nF 'wv'�L.,.���:5.� -w. �.��i�uY�::�..c r ".3..'�s"h �ti O WNER O F PR 0000000 PLU AC122429 O WNER 000000 vim AC12792 OWNER OF PROPERTY Check Fees Fees Failed APPLICATION FEE ($25.00) Awaiting ZONING BOARD FEE ($75.00) Awaiting PERMIT FEE ($50.00) Unpaid Check Inspections Inspections Successful Check Reviews Reviews Successful Check Conditions Conditions Failed MD MULTI- DWELLING PROPERTY Unapproved Check Alert Conditions Alert Conditions Successful Check Licenses Not Checked Check Children Status Children Successful Check Open Cases 1 Case # 92416 PERMIT FEE U 50.00 APPLICATION FEE A 25.00 ZONING BOARD FEE A 75.00 Total Unpaid 150.00 Total Paid 0.00 There are no Inspections for this Report No Activity( Review Details City of,Buffafo OUTDORCAFE Building Application 65 Niagara Square Buffalo, NY 14202 (716)851- 4949 Fax(716)851 -5472 Report Date 02/28/2013 01:52 PM Submitted By Mike Castro Page 3 F56,Rr cF wr- Z7Lr; r",La 4tP- 10,RAw 7 ,t31tii,. Cz aF rf ern ejacc or--.1z0ATuat -3 m- C11V Vp RcV*ALo, bAA 1p ewAm oiz L. zoaco -ug, NaawoftK TM$ MAP VOID MESS EMBOSSED WnH NEW YORK STATE UCENSED i 'LAND � �CPCa•Q4 1r.ffflE } ROAD SURYEYOUSEALNO.U. Q � U \J vei 3� ZE- SURVEY RE- SURVEY RE- SURVEY MARSHALL L. MILL I! " °' '° •••- mr� !_a._ _ •,,•• KRAUSE&GANTZER • ° ••'" °- = ^ LAND SURVEYOR g �g gg g g Ii2E 4 NMN alAt T BUFFALO! MEW VOORK� 4209 5 7�1 N0. 1(00,3q a r -L_ 151 Yl.2Z.Fi• .co laa}il. � Z$.Z .CaniCR� � ��.0$ � -� �O °pp'pbr 3 nEo.GI1D W - 1. � 1�t��i RAlL.. � I•L3 • �4p 1�1n - 999- 25'4- 633: �- - •� � Roo tO. IpD t :' (S (" 3T.SEj.(4.R^CANi • , S a 'fit 1R may R RLTEfgNf3AMY4TEMQH7i ?•T�13P7T Ra4'[S tf:1(RPISIHYiQN � Oj GF THE GNL IRiGEP►fll(iA8 PRL7N7NIDEG IN8iC110F! 3a PAMZ0FTHENFWVGRf WATEEMrAT ML4W 5 7�1 N0. 1(00,3q a r -L_ 151 C� r lr oSY 9V h9b oY-i S! p R 000c0 P. Strada, Agent, Use 396 Kenmore, For a Freestanding Pole Sign with L.E.D. Component (no hrg)(Univ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 19 , Si NAME OF<AjEN7 WNER /PHONE# S1 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. C L -6 City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 02/20/2013 12:43 PM Submitted By DAVID GRUNDY Page 1 I�t1�,�F!SFcIrL•1 Data I Time By Date / Time BY Processed 02/20/2013 12:39 GRUND Temp COO Issued COO Final Expires Associated Information Valuation Type of Work # Plans 0 Declared Valuation 30000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name COMMON COUNCILAPPROVAL REQUIRED, SECTION 387 FORA FREESTANDING SIGN N0. PUBLIC HEARING, NO FEE;' ERECT POLE SIGN WITH AN L.E.D. COMPONENT TO THE FRONT YARD OF A SIT -IN RESTAURANT'. PLANS REQUIRED. Parent AIP # Project # Project/Phase Name Phase # Size/Area Size Description Address 396 KENMORE BUFFALO NY 14216- Location Contact ID AC1018592 Name ARJA REALTY LLC Mailing Address CIO DELOITTE & TOUCHE LLP City P.O. BOX 811280 ZIPIPC 60681 -1280 Day Phone Fax Occupant N From To Contact ID AC20796 Name ARJA REALTY LLC Mailing Address CIO FLEMING COMPANIES City P.O. BOX 26647 ZIPIPC 73126 Day Phone Fax Occupant N From To Contact ID AC767899 Name ARJA REALTY LLC Mailing Address CIO DELOITTE & TOUCHE LLP City SUITE 1800 ZIPIPC 60181 -4632 Day Phone Fax Occupant N From To Organization State /Province CHICAGO IL Country ❑ Foreign Evening Phone Mobile # owner Y From 02/27/2002 To 05/06/2007 Organization State /Province OKLAHOMA CITY OK Country ❑ Foreign Evening Phone Mobile # Owner Y From 05/28/2000 To 05/06/2007 Organization State/Province OAKBROOK TERRACE IL Country ❑ Foreign Evening Phone Mobile # Owner Y From 11124120D1 To 05/06/2007 City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (71.6)851 -4949 Fax (716)851 -5472 Report Date 02/20/2013 12:43 PM Submitted By DAVID GRUNDY Page 2 Contact ID AC1218236 Name C10 KENMORE JUBILEE ARJA REALTY LLC Mailing Address Organization City 416 KENMORE AVE State /Province BUFFALO NY ZIPIPC 14223 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC272646 Name LLC PLPL DEVELOPMENT Mailing Address 416 KENMORE AVE Organization City BUFFALO State /Province NY ZIPIPC 14223 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 09/16/2005 To No Addresses are linked to this Application No Addresses are linked to this Application No Other Addresses are associated to this Application 0793700002004100 No Parcels are linked to this Application No Applicant Contacts Check Fees APPLICATION FEE - FLAT FEES ($25.00) FLAT FEE POLE SIGN AT COMMERCIAL SITE ($75.00) APPLICATION FEE ($0.00) SIGN PERMIT FEE ($0.00) Fees Failed Unpaid Unpaid APPLICATION FEE ($0.00) SIGN PERMIT FEE ($0.00) City of Buffalo SIGNS Building Application •65 Niagara Square 1 Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 Report Date 02120/2013 12:43 PM Submitted By DAVID GRUND Page 3 Total Unpaid 100.00 There are no Inspections for this Report 613945 CC APP 1 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Incomplete ❑ 02/20/201312:42 Bflo Arts Commission Check Inspections Inspections Successful ❑ Subdivisions ❑ Special events Check Reviews Reviews Failed Common Council City Engineering 613945 CC APP #1 COMMON COUNCIL APPROVAL REQ'D Incomplete ❑ Beauty Parlor R2 ❑ Encroachment Check Conditions Conditions Successful ® Freestanding Sign ❑ Plumbers' Cuts Check Alert Conditions Alert Conditions Successful ❑ Portable Sign in ROW Preservation Board Check Licenses Valid Licenses) ❑ Other ❑ Citywide Site Plan SBU License Valid Environmental Review ❑ Urban Renewal Check Children Status Children Successful ❑ N.E.P.A. City Survey _ Check Open Cases 1 Law Office ❑ Development Case # 126626 A it ❑ Flood Plain ❑ Title Held APPLICATION FEE U 0.00 SIGN PERMIT FEE U 0.00 APPLICATION FEE - FLAT FEES A 25.00 FLAT FEE POLE SIGN AT COMMERCIAL SITE U 75.00 Total Unpaid 100.00 There are no Inspections for this Report 613945 CC APP 1 Detail 1. PRIOR REQUIRED APPROVALS Comments No Comments PRIOR APPROVALS Incomplete ❑ 02/20/201312:42 Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events ❑Public Works approval ❑ Notarized Permission/ Common Council City Engineering ❑ Admin Offtoe /Apts R4 ❑ Curb Cuts ❑ Beauty Parlor R2 ❑ Encroachment ❑ Canopy /Marquee ROW ❑ Oversize Trucking ® Freestanding Sign ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Street Cuts ❑ Portable Sign in ROW Preservation Board ❑ Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ N.E.P.A. City Survey _ ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held Modified By GRUND Total Paid 0.00 Modified Date/Time 02/20/2013 12:39 Permit Office ❑ Asbestos Survey ❑Asbestos Abatement ❑ Bond /Certified check ❑ Assessment Combination ❑ First Insurances Check ❑Public Works approval ❑ Notarized Permission/ for portable sign one year Lease showing Use ❑ RodentlVermin Bait encroachment ❑ Sewel WWater Cut Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check ❑ Thruway Sign approval Preservation Board Zoning Variance Q ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 Report Date 02/20/2013 12:43 PM Submitted By DAVID GRUNDY Page 4 POLE SIGN - OPTION A) DOUBLE SIDED INTERNALLY ILLUMINATED UPPER SIGN CABINET P -20 DOUBLE FACE ELECTRONIC LED DISPLAY SIGNS, FULL COLOR WHITE VINYL ADDRESS ALUMINUM POLE COVER 96" 24" ® { - - -- t -- �� aw1"T111 me): ® Change: Please modify the design as marked above and reseed Accepted by (Print naTide. El Accepted: The above specifications and conditions are satisfactory and Company: are hereby accepted. You are authorized to do the work as specified. Date of Acceptance: � o IM J 0 f y � ' Please submit approvals to art@nassigncompany.aom Signature _] Customer: Mighty Taco Job# Date: 01 -20 -2013 Sales Rep.: PS * Property of N.A.S. SIGN COMPANY 716 - 876-6366 fax 876 -7729 1628 Elmwood Avenue, Buffalo, New York 14207 Job Site: 398 Kenmore Ave, TBD Scale: 318 " =1' Sq it.: 38.92 Designer: SL © 201_3 all rights reserved Buffalo NY 14216 1 � >f6VC - -- F�� i NFEEPG { 172.3 ` ackH,s,sINEx'..K �� I F �I pew PaRGuI; ro"FF�¢IxneluG , Frv E%CEpRpx ~ C4JE WAV- - - - -_� CRV pe gl'FFaLM exl Y. 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'] .� f I �I; i . i i °' ° .. i i ..." �..��,�.�r" t f i I R - T� II I N�`� ;Yr . I I � I 4 ii T - i g � I s I g ! g I I a I A I 1 'A �" ► -:' It"t ,' r fare .p,' It I I " I P �" j it I .d I � .1a I tt I � ,s } l `I- I 'I .,(r v , •I I� H y Q I ! ", ate . lw �S'EA1 E �s� `'n.� SrREEr ....e a. N" m._ I lsa wm . . l � J 11.1 C.I_ ...!` 1 i j I.. 1 .�`"I �I �: n..rasewnvr Y a } .t Iyr i �� _._��_ :_� __ — _– +- �-- �._.__.�_— -- -_- -- �— _�-�-•� � -.� +_� ._.ter_ -r - -'�„ I I I "IR I " I I I S I a ao'" I R I . I _r t .'d I 7 ?� &ST 101 The City Clerk Office PAR City Hall �� l� 65 Niagara Sq Buffalo N.Y. 14202 2 -25 -13 To whom this may concern: East Side resident's who make up - The coalition to save MLK Park, don't want city officials to skate by without answering some questions on the progress of construction on the long delayed splash pad and ice skating rink in Martin Luther king Park. The coalition is requesting the common council to call a public meeting along with media; go concerning the construction work going on in the wading pool area. The city of Buffalo is spending 4.5 million of tax payer's dollar's on this new slash pad project, which suppose to have been ready the summer of July 1 st of 2012. Delay after delay still there is no activity taking place. The coalition to save MLK Park last called a public meeting Jan 14 2013 invited all stake holder's including Mayor Brown, "no one came they disrespected the community, who just wanted a updated tax payer's progress report. Need answers to questions- l -when will the fences barricading access to the water feature come down? 2 -and will the rink be open for ice skating this winter? 3 -how much money the city already paid out — to Man — o — Trees, and Wendel? What work is completed and how much is reminding? The coalition is sure the Buffalo Common Council is fully aware of the displeasure of the residents on the Eastside as well as the at -large communities throughout the city of Buffalo, concerning the new water feature in MLK Park. Answers sought on splash pad, ice rink, from all involve: Mayor Brown: Council President Richard A. Fontana Demone A. Smith Marjorty Leader: Public Work Department: City Park Department: Construction Company — Man — O — Trees: Wendel Ducscherer Architect, the design group: Olmstead Parks: The Public. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS. PARKS & STREETS We the under sign live in the city of Buffalo, and make up the coalition to save MLK Park. p jj� { f � .,t,, . yr► t 1.L�l c� 5 57 ,A-A -e v 0 0 6 Common Council City of Buffalo JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 CITY HALL BUFFALO, NY 1 4202 - 3 31 8 PHONE: (716) 851 -5116 February 28, 2013 Mr. Gerald Chwalinski City:Clerk Room 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: sc' 'i y ' IA�-' 1 1'- 'C-c z- A t/L q;�" LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT I ask that you please file the attached petition in opposition for scrap yard to be located at 406 Hertel Avenue /276 Military Road for discussion at the March 5, 2013 Common Council meeting, Sincerely, Joseph Golombek, Jr. City of Buffalo North District Councilmember JG /tjv REGOVED AND RLED COQ ��:,1�.� �✓ ��..� �.�.� � � � C�� c�.l�`S a�� S'5 REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) 00063 Appoint Laborer II(Temp)(Max)(Lorenzo)(PW) CCP #36, Feb 19 Mrs. Russell moved: That Communication 36 of February 19, 2013, be Received and Filed and that the Temporary appointment of Irma Lorenzo, 2232 Kenmore Avenue, Buffalo 14207 stated above at the salary of $34,139.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service 6 �W * AYE * NO FONTANA PRANG * . GGLOMBER WCUR.TG .. . PRIDGEN RIV IRU RUSS 9 t, SCANLON SNIITg * * * mj -5 314. 7 * ,� 0000' Notices of Appointments - Temp /Prov/Perm(Cty CIk) (C.C.P #52,2/19) Mrs. Russell on now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Civil Service ti > N�lq FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) 00®65 D. Smith -C. Perales -Info Re Reward for a New Gov't Performance Program (C.C.P 953, 5129) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Finance 3 0006 M. Kearns- Concerns Lease Agmts Btwn COB and Non -Profit Partners (C.C.P #35, 217) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED Im Recommended by the Committee on Finance 4 lb COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) 61 Name City -Owned Pocket Park 33 Whitney PI- "Patty Parete Park" Mr. Go[ombek moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has! been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Franczyk, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Marilyn Rogers Nancy Standish Mr. Smith now moved that the hearing be closed. Seconded by Mr. Rivera CARRIED Mr. Franczyk now moved approval of said item. Seconded by Mr. Smith 0006') I VI Name City -Owned Pocket Park "Patty Parete Park" (Item No. 109, C.C.P., Feb. 19, 2013)(Hrg 315) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the pocket park at 33 Whitney Place be named the Patricia "Patty" Parete Memorial Park in honor of Officer Parete is hereby approved. Passed. Recommended by the Committee on Community Development c l, A q D , 6 Chai an CAUsersUrucinskiMocumentsTatty Parete Park.dacx * ATE *NO 0 * FONTANA FRANCS * -* * GOLOIVMER LOCXl 'TO PIMUEN * RIMMA * ,� RUSSELL SCANLON * /* SMiTg � * * * * X41- 5 213- 5 314- 7 00068 SEQR -Site Plan Approval Metal Recycling Facility 449 -427 Hertel 204 1320 Military (North)(Plan Bd) (C.C.P #4,2/19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Development �� Kaleida Health Req Easement Rights at Ellicott and Goodrich Streets Mr. Golombek moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Marc Romanowski Mr. Smith now moved that the hearing be closed. Seconded by Mrs. Russell CARRIED Mr. Smith now moved approval of said item. Seconded by Mr. Pridgen Request for Easement Rights — Kaleida Health (Item No. 6, C.C.P., Feb. 19, 2013) Mr. Golombek moved: That that above item be, and the same hereby is returned to the Common Council without recommendation; That the Common Council hereby approves the proposed easement agreements between the City of Buffalo and Kaleida Health, previously submitted to the Common Council, provided the following conditions are satisfied: 1. The City of Buffalo Planning Board recommends and/or approves the right of way /easement area to the extent necessary; 2. In accordance with standard abandonment procedures, it will be necessary for the Common Council to set a date for a public hearing and to direct the publication of a five (5) day notice of said hearing to be marked "Notice of Hearing "; said hearing shall be conducted at 2:00 p.m. in the Council Chambers on March 5, 2013; 3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council; d. That the final design/plans in reference to the easement areas are to be submitted to the Department of Public Works for their review and approval before construction can start; 5. That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress of any right of way concerns or issues, if and when they should arise; 6. Kaleida Health agrees to address any, right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the Department of Public Works; 7. Any and all utilities located within the easement areas will be preserved and protected as necessary and/or otherwise addressed to the satisfaction of the Department of Public Works; S. The official granting of easement interests under the affected public rights of way will not become effective until the easement agreements creating and conveying the easement interests are filed in the Erie County Clerk's Office; and 9. The terms and conditions of the proposed easement agreements shall be substantially similar to those outlined in the attached easement agreements. The final drafts of the easement agreements shall be negotiated to finalization and subject to review and approval of the Department of Public Works and the City of Buffalo Corporation Counsel's Office. That the Common Council hereby approves the proposed easement agreements with Kaleida Health in consideration of the foregoing and for payment in the amount of $37,950.00 for the easements providing the above stated conditions are satisfied and the Common Council 5� authorizes the Mayor to execute the easement agreements to be negotiated to finalization and approved to form by the Law Department to facilitate the new Women's and Children's Hospital project at 118 Ellicott Street, and authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the easement agreements and the foregoing. Passed. Recommended by the Committee on Community Development C airman T.1npNUFOCOUNCW3 -5 -13 matingTomunitIWReq=I for Easement Rights.do *A YE *NOS * FONTANA FROCZYK * - * GQLOMMEK LOCURTO PPJDGEN RUSSM SCANLON 213- 6 314 -7� ®00-10 Encroachment in City Right- Of-Way — 388 Delaware (Item No. 23, C.C.P., Feb. 19, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -67 of the City Charter (Encroachment Regulations), to issue a "Mere License" to Mr. Kenneth C. Riter of HHL Architects upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right -of -way; and 4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance and/or bond in an amount deeded sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachments. Passed. Recommended by the Committee on Community Development 94A%LUQ Ch ' an 0 0 C', NUseraMruciaskil AppDataVL ocallMicrosoHlWindows\ TemporaryIntemetFi les\Content.Outlook10X32QVW6 Encroachment -right of way -388 Delaware.dom * AYE * NO FONTANA FIWCZYK GOLOMEK wCUR.TO PRIDOEN RUSSELL SCANLON 5M1'IB.. 2f3 - 6 314- 7 D. Pridgen Petition From N. Green & O Re Unified Code for Outdoor Wood Boilers (C.C.P 465, 2119) Mr. Golombek moved: That the above item is hereby referred to the Committee on Legislation. ADOPTED Recommended by the Committee on Community Development 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) 00077/ S. Wang, Owner, Use 3233 Bailey to Erect One -Story Restaurant with One Apartment(Univ)(DPIS ) (Item No. 60, C.C.P., Feb. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of S. Wang, Owner, to use 3233 Bailey to erect a one -story restaurant with one apartment in the Kensington/Bailey Business District. Passed. Recommended by the Committee on Legislation C',% UsmUmcinsldlAppDalalLccOMicrmfkfl WindowsITempormy Fntemel FUn%ConlenLOullwk1O)CZQV W6'Erec[ reslauiant 3233 Badcy.do 1O r b * AYE * W FO'NTANA GOLOMBEK LOCURTO P=(;EN RNEM RUSSELL f SCANLON wj - 5 213- 6� 314- 7 ,� 00073 3 D. Eoannou, Agent, Use 1416 Hertel for a Sidewalk Cafe in the Special Zoning District (Del)(DPIS) (Item No. 61, C.C.P., Feb. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of D. Eoannou, Agent, to place a 16' front and 12' depth sidewalk cafe at 1416 Hertel Avenue at North Park Avenue in the Special Zoning District. Passed. r , Recommended by the Committee on Legislation U-0- pfi4.e C L e hairman C:\UsersUmeinski\AppData\LocaIMcrosoftlWindows\Temporary Intemet FileslContent .Outlook10X32QVW61Sidowalk cafe 1416 Hertel.docx 1 *AYE *NO * FONTANA * FRANCS * GOLOWEK LOCURTO * PMGEN R1VRA. RUSSELL SCANLON * * * Mgj _ 5 * ,� 213- 6Q *� 314- 7 000 74 V. Cali, Owner, Use 1456 Hertel for a Sidewalk Cafe in the Hertel Avenue Special Zoning District (Del)(DPIS) (Item No. 62, C.C.P., Feb. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of V. Cali, Owner, to establish the use of an existing restaurant and sidewalk cafe at 1456 Hertel Avenue in the Hertel Avenue Special Zoning District. Passed. n Recommended by the Committee on Legislation 2 Chairman 11/ C:\ UsersVracinskil AppData \LocallMicrosoftlWindowslTempo nary Internet Files\ Content .Ontlook103C32QVW61Sidewalk cafe 1456 Hertel.doox * AYE * NO * FONTANA FRANCZYK * GOLOMd LOCURTO PRIDGEN RUSSELL SCANLON SNIITII � * � M#j -5 213- 6 * U 314- 7 C. Auerbach, Agent, Rezone 400 Forest for A Mixed Use Campus /Boutique Mr. Pridgen moved: That the above item be returned to the Common Council without recommendation. A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same hal been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Smith and seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Corey Auerbach Mr. Smith now moved that the hearing be closed. Seconded by Mrs. Russell CARRIED . Mr. Smith now moved to recommit said item to the Committee on Legislation. Seconded by Mr. Golombek 00075 Y, C. Auerbach, Agent, Rezone 400 Forest for a Mixed Use Campus/Boutique Hotel (North)(DPIS) (Item No. 63, C.C.P., Feb. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; Tha Common Co ereby appi�plication of C. Aube ba to rezone,460 Forest : en r a mixed use campus/boutique hotel. Paged. Recommended by the Committee on Legislation Chairman 1� Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED 0007 Food Store License (New) — 626 Colvin a/kla 630 Colvin (Del)(EDPI) (Item No. 40, C.C.P., Feb. 19, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khalil A. Alhamri dlb /a 630 Colvin Avenue Inc. located at 626 Colvin a/kla 630 Colvin. Passed. Recommended by the Committee on Legislation Chairman � C:\ UsersW ucinskil AppDalalLoca llMicrosnft\WindowslTemporary Internet Files\Content.Outlook1OX12QV WWood store license- new -625 Colvin.docx *ATE * NO FONTANA +GOLOMBEK LOCUR.TO PRDGEN RI.VERA RUSSEU SCANLON 213.6 * *� 314- 7 � 00071 Food Store License (New) — 177 French (Fill)(EDPI) (C. C. P. #42, Feb 19) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. Adopted. t Recommended by the Committee on Legislation JwIL Chairman l` 0007N Used Car Dealer --180 Abbott (South)(EDPI) (C. C. P. #44, Dec 11) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. Adopted. Recommended by the Committee on Legislation �1 1IJ 0007` F. Crngarov, Owner, to Use 2516 Main for Underground Storage Tank, Erect One -Story Masonry Retail with Fuel Station and Pole Sign (Del)(DPIS) (Item No. 105, C.C.P., Feb, 19, 2013) Mr. Pridgen moved: Th he above item b , an the same hereby is returned to the Co on Council without recomme da 'on; hat e applica on of F. C garov, O er of 2 1 Main reet for dergr d st rage tank, erect one -st masonry tail wi fuel dispe sing stat' n with a 5' set ck in th Tran t Statio Spe 'al District wi a po sign is hereb appr ed subject t t condition t at any ndergro orage tank shall be rst approved by t e mmissioneer oof ire. Recommended by the Committee on Legislation �+ r Chairman 1� C:517s MmcinskiLAppDataV. acaRMicrosaft5Win& ws% Tempomy IntemelFilesSCantentOullwk1DX32QVW6lllndergomd storage 2516 Main.dxx Mr. Pridgen moved that the above item be recommitted to the Cornmittee on Legislation ADOPTED 0008 D. Pridgen -S. Mathis - Concerns Incident at Bottoms Up (C.C.P #50, 11113) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation ®00(1 Cat Licensing in the COB (Pridgen) (C.C.P #83, 1012) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 4� I) 0008ro, Response Illegally Placed Advertising Signs (C.C.P 942, 511) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation IL PAt,6LA^— 00083 Enforcement of Property Maintenance Codes Relating to Missing Garage Doors (exc res) (C.C.P 492, 316) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation I\ = Second Hand Dealer — 442 William (Ell)(DPIS) (Item No. 84, C.C.P., Jan. 22, 2013) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Abdulkarim Saleh dlb /a Gamestar, located at 442 William is hereby approved. Passed. Recommended by the Committee on Legislation (�{�� C 04 Chairman �,y C:\Users\lrucinski\AppDataocaIMcrusuft\Windows\Tempomry Internet pileslContent.Outlook1OX32QVW6 \second hand dealer442 WHarn.doc �J *AYE * NO O FONTANA IWCZYK - GOLOMEK LOCURTO * ' PRWGEN RMMA RUSS= SCANLON 2/3- 6� 314- 7 0008 Scrap Processor — 409 Hertel (North) (EDPI) (Item No. 95, C.C.P., July 24, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. Upon due deliberation the Common Council finds as follows: That the proposed enterprise will create an undue increase in truck traffic with the introduction of 8 daily round -trips of 24 -wheel tractor trailer vehicles, and increased automobile traffic in the already burdened Hertel Avenue — Military Road corridor That the proposed enterprise will create a loss of on- street parking on Hertel Avenue; That the proposed enterprise will create an undue increase in noise in the Hertel Avenue — Military Road neighborhood, particularly from the noise of loading tractor trailers throughout the day; That proposed mitigations are insufficient to offset the traffic and noise increases anticipated by this operation. Denied. Recommended by the Committee on Legislation T:Iwp60VW000NCJV3 -5 -13 meetinglCommittceSScrep Pr ssor-109 Hwd.dw. Chairman Q00r Wholesale Junk Dealer — 409 Hertel (North) (EDPI) (Item No. 96, C.C.P., July 24, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. Upon due deliberation the Common Council finds as follows: That the proposed enterprise will create an undue increase in truck traffic with the introduction of 8 daily round -trips of 24 -wheel tractor trailer vehicles, and increased automobile traffic in the already burdened Hertel Avenue --- Military Road corridor; That the proposed enterprise will create a loss of on- street parking on Hertel Avenue; That the proposed enterprise will create an undue increase in noise in the Hertel Avenue — Military Road neighborhood, particularly from the noise of loading tractor trailers throughout the day; That proposed mitigations are insufficient to offset the traffic and noise increases anticipated by this operation. Denied. Recommended by the Committee on Legislation Chairman TA%p6OURRCOUNCrD3 -5 -13 medingTommittee%Whoksale funk Qealer309 Hk*Ldmx J RESOLUTIONS March 5, 2013 00087 , RESOLUTION Sponsor: Council Member Fontana Subject: Member Appointment to Cat Task Force Whereas: On February5, 2012 the Common Council adopted the creation of the Cat Task Force; and Whereas: The omission of the Taskforce is to meet and provide recommendations to the Common Council on how to humanely address the overpopulation of feral/stray cats within the City. Now Therefore Be It Resolved: The members of the Cat Task Force are: Peter Reese, Bohdan Chomyn, Barbara Carr, Elizabeth Licata, Regina Harris, Kelly McCartney, Edic Ofthaus , and Linda Robinson. Richard Fontana Common Council President Lovejoy District Council Member " * -A, 00088 4 RESOLUTION By: Council President Fontana Re: Appoint Art Robinson to Cat Task Force Be It Resolved: The Common Council hereby appoints Arthur Robinson of 192 Maurice St. as a member of the Cat Task Force. Richard A. Fontana Council President r� 0®089 By: Mr. Franczyk Date: 5 March 2013 RESOLUTION X16} Re: Waive Permit Fees for Central Terminal Annual Dyngus Day Celebration Whereas: The Buffalo Central Terminal Restoration Corporation (CTRC) is dedicated to preserving and restoring the historic former train station in Buffalo's Broadway - Fillmore community; and Whereas: On April 1, 2013, the annual Dyngus Day celebration will take place at the Central Terminal; and Whereas: The Central Terminal is currently undergoing renovations to its roof and the inside of the building is unavailable for use on Dyngus Day this year; and Whereas: The Central Terminal Restoration Corporation has asked the Common Council to waive city fees associated with the 2013 Dyngus Day celebration, which will take place outside on the grounds of the Central Terminal; and Whereas: The City of Buffalo and this Common Council encourages the Buffalo Central Terminal Restoration Corporation to continue in their efforts as caretakers of the Central Terminal, a true Buffalo treasure; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives all fees for the Central Terminal Restoration Corporation annual Dyngus Day event at the Buffalo Central Terminal on April 1, 2013; and Be It Further Resolved: That the City Clerk is directed to send copies of this resolution to Department of Economic Development, Permits & Inspection Services, Department of Public Works, Parks and Streets and the Special Events Committee for their review. David A. Franczyk 6 5�, Mpj -5 213- 6 3i4- 7 *AYE *NQ* FONTANA GOLONEW LOCURTO PRIDGEN RIVIMA RUSSELL q **o ®0090 RESOLUTION By: Mr. Franczyk Re: Battaglia Transfer Station Application to New York State Department of Environmental Conservation ; 1037 -1055 Seneca Street; SEQR Lead Agency Coordination Whereas: By letter of February 7, 2013 the New York State Department of Environmental Conservation's Division of Permits for Region Number 9 advised the City of Buffalo that it has received an application from Battaglia Demolition, Inc. (aWa/ Battaglia Recycling Center) to modify its Solid Waste Management Permit for the facility located at 1037 -1055 Seneca Street within the City of Buffalo; Whereas: Battaglia Demolition, Inc. seeks to modify its Construction and Demolition transfer station by: increasing its capacity from 3800 tons per month to 750 tons per day (a nearly sevenfold increase), to install material sorting and screening system and to expand its operating hours by 20 hours per week; Whereas: The New York State Department of Envirommental Conservation extended the time to comment on the appropriate Lead Agency for the Project until March 11.. 201�and asked for clarification concerning the previous municipal solid waste transfer station proposal by Battaglia Demolition, Inc.; Whereas: Applicant holds a current transfer station for construction and demolition debris license, issued by the City of Buffalo Commissioner of Public Works that is subject to conditions placed by the City of Buffalo Commissioner of Public Works, City of Buffalo Planning Board, and the City of Buffalo Common Council pursuant to their separate approval authorities contained in Chapter 263, Article VII of the Buffalo City Code: Whereas: The changes in operation requested by Applicant exceed the conditions of operation placed in the existing license granted by the City of Buffalo; Whereas: Whereas Battaglia Demolition, Inc.'s intended use of the property clearly requires the concurrent approval of the Common Council of the City of Buffalo and the City of Buffalo Planning Board, pursuant to the Buffalo City Charter and Code §263 -29; Whereas: The City of Buffalo Common Council and the City of Buffalo Planning Board are involved agencies within the meaning of the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8) and the Regulations of the Commissioner of . Environmental Conservation adopted thereunder; Whereas: The Common Council believes that the anticipated impacts of the action being considered are primarily of local significance, thereby necessitating that it be designated as the Lead Agency pursuant to 6 NYCRR 617(b)(5)(v)(a); and S� �u 3 Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo formally requests that it be designated as Lead Agency in the above - referenced matter because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. And, Be It Further Resolved: That the Common Council formally requests that it be designated Lead Agency for the above - entitled action pursuant to the authority vested in the Commissioner of the New York State Department of Environmental Conservation by 6 NYCRR Part 617(b)(5)(i -vi); And, Be It Further Resolved: That City Clerk is hereby directed to mail copies of this Resolution by Certified Mail to: The Commissioner of the New York State Department of Environmental Conservation; each involved agency, including the City of Buffalo Planning Board, the New York State Division of Environmental Conservation's Division of Environmental Permits, Region 9, and the City of Buffalo Department of Public Works. AVID A. FRANCZYK FilImore District Council Member 2 0009. Resolution By: Mr. LoCurto Re: Reason for Denial of Food Store License Application for 2248 Main St. Whereas: The ordinance governing Food Store Licenses within the City of Buffalo states that "All new applications and renewals therefor subject to this chapter shall require Common Council approval "; and Whereas: Ali A. Majed on behalf of A &H Main and Florence Deli filed a food store license application on May 5, 2011, and said application was forwarded to the Common Council's Committee on Legislation, where debate was had thereon on February 28, 2012, and the application was then forwarded to the full Council with a recommendation for denial on and said recommendation as affirmed on May 1, 2012; and Whereas: This Common Council seeks to further expound upon the reason for said denial in this Resolution, which shall constitute the findings and reason for said determination; and Whereas: Community members expressed concerns that no available parking was located at the intersection of the proposed store and that limited parking was located behind the building; and Whereas: The applicant failed to conduct a market study or present a business plan that would address the multiple existing food stores in the immediate area; and Whereas: The proposal includes the sale of beer at a location directly across the street from a school for deaf youth; and Whereas: The St. Mary's School for the Deaf, located across the street from 2248 Main St. objected to an establishment that plans to distribute liquor, tobacco, and lottery items in the immediate vicinity of its school facility; and Whereas: At the public hearing conducted by the Common Council's Legislation Committee, Mr. Fred Elamin, the property manager of 2248 Main St. testified that St. Mary's School for the Deaf was in support of the proposed food store contrary to information provided by school officials; and Whereas: Community complaints concerning the upkeep of the property and its grounds were expressed to the property manager to no avail; and �1 7 Whereas: The local community association, the Parkside Community Association, expressed opposition to the food store license application in contradiction to the alleged support the applicants purported to have secured from the immediate community residents; and Whereas: Ali A. Majed signed an affidavit on May 5, 2011 acknowledging that it is a violation of City ordinances to operate a business establishment without all required licenses and that he must not open and/or operate his business establishment until all the required licenses were issued by the City of Buffalo, and he subsequently operated the business without receiving all required licenses; and Whereas: Ali A. Majed indicated that he resides at 94 Rodney Ave. in the City of Buffalo on his food store license application dated May 5, 2011, however, testimony from Fred Elamin, the property manager of 2248 Main St., given February 28, 2012 at a public hearing conducted by the Common Council Legislation Committee indicated that Mr. Majed resides in Rochester, NY and did not plan to relocate until such time as the food store operation commenced; Now Therefore Be It Resolved; That for the above listed reasons, the City of Buffalo Common Council finds the issuance of a food store license inconsistent with the well of the community immediately located around 2248 Main St. and therefore denies the application. �� . Z 6t--- chael J. LoCurto Delaware District Council Member ADOPTED ,4rnD REFERRED TO THE BUSINESS REGULATORY TASK FORCE BY: Darius G. Pridgen 0009`A RESOLUTION SUBJECT: Moratorium on Demolitions in the Michigan Street African American Heritage Corridor WHEREAS: The Michigan Street African American Heritage' Corridor is a nationally and internationally recognized neighborhood that serves as the focal point of residents' and visitors' experiences for learning about the City of Buffalo's rich African American history; and WHEREAS: The State of New York charged the Michigan Street African American Heritage Corridor Commission with preparing a management plan for the Michigan Street African American Heritage Corridor consistent with the New York State Department of Parks, Recreation and Historic Preservation — Article 41 — Section 41.09 Management Plan; and WHEREAS: That the boundary of the Michigan Street African American Heritage Corridor be defined as follows: 1. Beginning at the intersection of Michigan Avenue and East Ferry Street (at the north); 2. East on East Ferry to Masten Avenue; 3. South on Masten Avenue to Woodlawn Avenue; west on Woodlawn Avenue to Michigan Avenue; 4. Including Michigan Avenue, between East Ferry Street and Woodlawn Avenue; 5. South on Michigan Avenue to Best Street; 6. East on Best Street to Masten Avenue; 7. South on Masten Avenue to East North Street; 8. West on North Street to Michigan Avenue; 9. Including Michigan Avenue, between Best Street and North Street; 10. South on Michigan Avenue to Sycamore Street; 11. East on Sycamore Street to Pine Street; 12. South on Pine Street to William Street; 13. West on William Street to Elm Street; 14. North on Elm Street to Sycamore Street; 15. East on Sycamore Street to Michigan Avenue; 16. South on Michigan Avenue to East Exchange Street; 17. East on East Exchange Street to Louisiana Street; 18. North on Hickory Street to South Division Street; 19. West on South Division Street to Michigan Avenue; and WHEREAS: A moratorium on demolition within this corridor will protect historically significant sites and structures until the Michigan Street African American Heritage Corridor Commission, Inc. adopts a detailed infilI plan; and NOW, THEREFORE BE IT RESOLVED: Wk That the City of Buffalo Common Council hereby declares a moratorium on the demolition of any buildings or structures located within the boundary of the Michigan Street African American Heritage Corridor; NOW, THEREFORE BE IT FURTHER RESOLVED: That this moratorium will take effect upon passage of this resolution and will terminate in one year of its passage or until a detailed infill plan is adopted by the Michigan Street African American Heritage Corridor Commission, Inc., whichever comes first; and AND, BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Permit & Inspection Services, the Office of Strategic Planning and the Michigan Street African American Heritage Corridor Commission, Inc. Li" c-, Darius G. Pridgen Ellicott District Council Member *AYE * NO i FONTA.NA FRANCZYIc * . GOLONMEK WCURTQ PROGEN RIVE" RUSSM SCANLON 213. 6 314- 7 UUU53 RESOLUTION By: Darius G. Pridgen, Ellicott District Councilmember RE: Support World Wildlife Annual Earth Hour Campaign Date: March 5, 2013 Whereas: Our towns and cities are already facing staggering costs caused by weather driven to extremes by climate change, and the resulting power outages, flooded roadways, shuttered businesses, and damaged homes are becoming more and more frequent. Many cities across America understand these risks and are taking practical measures to prepare; and Whereas: Weather - related disasters have been declared in 49 of the 50 states since 2006. These events affected counties that include over 80% of the U,S. population; and Whereas: The economic impact and loss of life regarding natural disasters are significant, Super Storm Sandy cost an estimated $20 billion in damages, Hurricane Katrina $125 billion, Mississippi River flood was a 500 - year event cost several billion. The Largest tornado outbreak in U.S. history occurred April 25 -27, 2011. in that week, 305 twisters damaged the Southeast, breaking the 1974 record of 267 tornadoes. The outbreak caused $5 billion in damage. One single tornado in 1999 cost $1 billion alone; and Whereas: Internationally the Japanese 9- magnitude earthquake and tsunami killed an estimated 28,000 with another 500,000 being displaced the World Bank that Japan's disaster will cost between $100 -$235 billion. In Haiti 7.3 magnitude Earthquake killed between 200,000 - 250,000 people and the ravaged island in January 2010. The Inter - American Development Bank estimated that it cost $8.5 billion in damage to Haiti's economy; and Whereas: The UN, in 1972, convened the United Nations Conference on the Human Environment, in Stockholm and released an article which stated "A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well -being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes "; and Now Therefore Be It Resolved; That the City of Buffalo Common Council supports the efforts of World Wild Life Earth Hour Saturday March 23 for one hour 8:30 p.m. — 9:30 p.m. and encourages the Citizens of Buffalo to turn off their lights to bring awareness to this critically important issue to our city, state and nation; and Now Therefore Be It Further Resolved; That this resolution be forwarded to City of Buffalo Mayor Byron W. Brown, Department of Public Works, and other agencies that deal with energy conservation. ADOPTED Darius G. Pridgen Ellicott District Councilmember BY: Ms. RUSSELL: 000911. BUDGET AND PERSONNEL AMENDMENT 01— LEGISLATIVE 1011— COMMON COUNCIL LEGISLATIVE #10 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01— Legislative, 1011 — Common Council Legislative # 10, which currently reads: Assistant Legislative Aide $27,018 Is hereby amended to read: Assistant Legislative Aide II $ 31,397 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 BROWN W. BROWN, MAYOR, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, 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. y GERALD CljAVALINSKI CITY CLERK DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS �7 /V APPR VED AS TO FORM Corporation Counsel bo * AYE * NO FONTANA IWCZYK * GOLONMER * LUTO * PRMGEN RIVE] A, * ;� R,IISHU * * * x!13 -5 314 - 7 f 0009 BY: MR. SCANLON 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 - 41200 Hourly $ 102,778 10104001 - 491001 Salary Councilmember Smith $ 9,678 To: 10220006- 434000 Other Contractual Services $ 112,456 P/t E * AYE * NO FONTANA PRANG - GOLOMM LUCURTO pmim pj.vm RUSSELL NCA. LON SIVIITE � � � 213 -� 314- 7 ,� k 000 9 e RESOLUTION Sponsors: Christopher P. Scanlon Subject: Urge the City of Buffalo to Reevaluate Their Relationships with Banks and Lending Institutions That Refuse to Be Responsible Neighbors WHEREAS, There are over 100 vacant homes in the South District of the City of Buffalo. These homes are not unique to one specific area of South Buffalo, rather they plague almost every street; and WHEREAS, There are currently no Federal or New York State laws requiring banks/lending institutions to carry out the foreclosure process in a set time frame, resulting in properties indefinitely sitting vacant for several years; and WHEREAS, These properties are quickly deteriorating, attracting illegal activity, and decreasing the value of surrounding properties. Banks/lending institutions rarely, if ever, properly maintain these properties by cutting the grass, shoveling, making necessary rcpairs, and any and all other responsibilities that the City of Buffalo expects of homeowners; and WHEREAS, Despite interest from area residents, they are unable to purchase these properties because the foreclosure remains incomplete; and WHEREAS, The residents of the South District take great pride in their neighborhood and find these properties to be detrimental to the stability of their community; and WHEREAS, Vacant properties are not a problem that is unique to the South District, they are scattered throughout the City, negatively impacting each and every neighborhood; and WHEREAS, It is unacceptable for any person, organization, or institution to allow properties that they are responsible for to blight our great City; and NOW, THEREFORE, BE IT RESOLVED, That the Buffalo Common Council respectfully requests that the Comptroller of the City of Buffalo reevaluate the City of Buffalo's relationship with any bank or lending institution that refuses to act as a responsible neighbor by not maintaining vacant properties that they control and by refusing to expedite the foreclosure process so that vacant homes can be sold and inhabited by responsible homeowners; and BE IT FURTHER RESOLVED, That the City Clerk forward copies of this resolution to the Office of the Comptroller of the City of Buffalo. C 'f>h;i4ophVr P. ScarUn South District Council Member ', ' RESOLUTION BY: MR. SMITH DATE: February 25th, 2013 SUBJECT: GIVE BUFFALO AND WESTERN NEW YORK A LEVEL PLAYING FIELD WITH NEW YORK TELEVISION AND FILM PRODUCTION TAX CREDIT WHEREAS, according to a 2012 report by the Motion Picture Association of America, the film and television industry grew by nearly 25% in the New York City Area between 2008 and 2011 as a direct result of the Empire State Film Production Tax Credit; and WHEREAS, since New York State began offering tax credits to support the film and television industry in 2004, producers have spent more than $7 billion in New York State - mainly in New York City; and WHEREAS, Buffalo and Western New York has a feature rich landscape full of film friendly locations and architectural assets; and WHEREAS, Buffalo and Western New York has a diverse experienced group of production professionals, production facilities, union support professionals, and a full service regional film office with a proven track record; and WHEREAS, elevated expenses in relation to transportation, lodging, and labor contracts places Buffalo and Western New York at an extreme disadvantage in comparison with surrounding states that feature similar regional assets; and WHEREAS, major film productions set in Buffalo and Western New York are forced to use other states and Canada for their primary locations; and WHEREAS, while the Empire State Film Production credit is intended to benefit the entire state, it has disproportionately beneftted only the downstate region; and WHEREAS, just a across the Peace Bridge in Ontario, Canada, a 35% tax production credit which features a 10 percent bump for productions that travel outside of the Metro Toronto Area has provided to be a proven model; and WHEREAS, this proposed film tax credit bump provides a significant economic impact that benefits our local workforce, supply vendors, hotels, etc. WHEREAS, The Council realizes a proportional increase in the credit allotment would not require additional funding of the existing Empire State Film Production Credit; �q�1 b� NOW, THEREFORE BE IT RESOLVED That this Council respectfully requests an increase in the Empire State Film Production Credit from 30% to 45% for production occurring in the Western Region of New York State to include the City of Buffalo, and to allow our region access to a level playing field when it comes to accessing the 7 billions dollars of revenue, and skilled jobs that come from the feature film industry that until now have not been totally realized. BE IT FURTHER RESOLVED That copies of this resolution be distributed to Governor Cuomo, Mayor Brown, State and County Delegations, Regional Development Council Co- Chairman — Howard Zemsky, Empire State Development President - Kenneth Adams, and Empire State Develop en Regional President - Sam Hoyt. DEMONE A. SMITH Common Council - Majority Leader Masten District Council Member cv , >\ 00098 BY: DEMONE A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Connie L. Fitzpatrick Denise M. Manfredo Gayle L. Syposs Total: 3 Adopted 3105113 U)-j q�� 00090 BY: DEMONS A SMITH Appointments Commissioner of Deeds That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Steven Michael Cirrito James Giles Eddylees Guzman Martha Lenore McKeone Renee Rechan TOTAL: 5 ADOPTED ON 3105/13 00100 4 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 12, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Tuesday, March 12, 2013 at 10 :00 o'clock A.M. Tuesday, March 12, 2013 at 1:00 o'clock P.M. Tuesday, March 12, 2013 at 2:00 o'clock P.M. (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; therefore, unless we receive notice from the respective Chairmen we can only make notification of what we are made aware. 001O1_ . No. Adjournment On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 1� GERALD A. CHWALINSKI CITY CLERK March 5, 2013