Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
13-0514 (2)
CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, May 14, 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 -None On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on April 30, 2013 were approved. FONTANA FRANCZYK GOLOMBEK LOCURTO PRIDGEN RIVERA RUSSELL SCANLON SMITH [ ------------- ] [ MAJ - 51 [ 213 - 61 [314- 7] *AYE* NO * * * * * * * May 14, 2013 e FROM THE MAYOR May 14, 2013 FROM THE MAYOR - EXECUTIVE DEPARTMENT May 14, 2013 City Clerk's Department BUFFALO May 17, 201.3 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. I PASSED May 14, 201.3 Arts Comm of Art Donation Gerald A Chwalinski City Clerk r L= D 0 V MAY 28 2013 C , :C 8Z , � - N E I 9z 8 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 14, 2013 FROM: DEPARTMENT: Buffalo Arts Commission SUBJECT: [:Acceptance of Art Donation PRIOR COUNCIL REFERENCE: (IF ANY) Ex. Item No. xxx C.C.P. xxlxxlxx The City of Buffalo has been offered the donation of a work of art by AT &T Management Services, L.P. The work of art is Eden by Judith Shea (1987, bronze). The Buffalo Arts Commission recommends to your Honorable Body that the City of Buffalo accept this donation. The Commission also requests that the Council authorize the Executive Director of the Arts Commission to execute all necessary documents to effect the transfer of title to the artwork to the City. SIGNATURE DEPARTMENT HEAD TITLE: Emerson Barr ill Executive Director, Buffalo Arts Commission 5 Unknown Untitled (Man and Woman), Bronze sculpture CITY OF BUFFALO ` r Acceptance of Art Donation Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Buffalo Arts Commission, dated May 14, 2013, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to accept the donation of a work of art from AT &T Management Services, L.P., and that the Common Council hereby authorizes the Executive Director of the Arts Commission to execute all necessary documents to effect the transfer of title to the artwork to the City of Buffalo. PASSED I CaUsersllrncinski lAppDatalLocallMicrosoft\W indows\T=porary Internet Piles\Content.Oatlook1OX32QV W61Acceptance of Art Donation,docx ATE NO FOMANA. FRA = GOLOMIM # L+ aRTO P1Rmaff RUSSILL *� SCANLON Ram .M1j-5 314- 7 , FROM THE BUFFALO ARTS COMMISSION FROM THE OFFICE OF CITIZEN SERVICES COMMUNICATION TO THE COMMON COUNCIL L�,.: TO: THE COMMON COUNCIL DATE: May 2 2013 FROM: DEPARTMENT: Office of the Mayor DIVISION: Citizen Services SUBJECT: Submission of Monthly Report- April 2013 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of April 2013, as mandated by Section 6- 20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. M IE Department Head Name: Oswaldo Mestre Jr. Title: Dirertnr Citi7pn .�an�iewc Signature of Department H, RECEIVED AND FILED Is City of Buffalo Citizen Services 218 City Hall FAII Calls Between 41112013 and 413012093 )I 218 City Hall Calls Between 41112013 and 413012013 FROM THE OFFICE OF STRATEGIC PLANNING #2 (Rev. 1193) Two (2) page Communication to the Common Council TO: THE COMMON COUNCIL DATE: April 29, 2013 3 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Report of Sale 550 Seventh, 147.50' NW Jersey Lot Size: 25'x 132' Assessed Valuation: Land $ 2,600. Improvement $ 7,400. Total: $ 10,000. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Neil Lefort, 196 Oliver Street, North Tonawanda, New York 14120 to purchase 550 Seventh Street. Mr. Lefort will renovate the dwelling for use as a place of residence. He has estimated the cost of renovations to be Ten Thousand Five Hundred Dollars ($10,500) that has been reviewed by the Division of Real Estate. Mr. Lefort has provided proof of financial ability to complete the purchase and repair the property. 550 Seventh consists of 2,040 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 30' x 150'. The property was acquired by the City through In Rem #41, in October 2007. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Lefort commissioned Mr. Michael Rizzo of Northeastern Appraisal Associates to estimate the fair market value of 550 Seventh Street. The Fair Market Value was estimated to be Six Hundred Dollars ($600). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Neil Lefort is prepared to pay Six Hundred Dollars ($600) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. 3 0 Page 2 Report of Sale 550 Seventh Street I am recommending that Your Honorable Body approve the sale of 550 Seventh Street to Mr. Neil Lefort in the amount of Six Hundred Dollars ($600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CRN:ck Reporlsaleappralsal bdapproved house 550 sevenihlsales CHRISTIE R. N DIRECTOR OFFICE OF ST �L] EST TE GIC ANNIN REFERRED TO THE OMMIT EE ON MMUNITY DEVErLO I E T. City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 4 PASSED May 14, 2013 Strat Plan-Request Permission to Enter into Agmt WNYS Power Authority To Receive impr on Solar Powered System at the Broadway Mkt Gerald A Chwalinski City Clerk n v. �V 14j MAY 2,8 2013 0z TO: THE COMMON COUNCIL Date: 05 -09 -13 FROM: OFFICE OF STRATEGIC PLANNING SUBJECT: Request permission to enter into an agreement with the New York State Power Authority (NYPA) to receive improvements regarding the installation of a solar- powered, photovoltaic electrical system at the Broadway Market. Attached is an agreement between the New York State Power Authority (NYPA) and the City of Buffalo, whereby the NYPA will install a solar- powered, photovoltaic electrical system on the roof of the Broadway Market to supplement existing electrical consumption. Under this agreement, NYPA is responsible for implementation costs, The City of Buffalo is responsible for maintenance costs, securing the site with fencing and /or bollards and a LAN connection. In consultation with the Department of Public Works and the City Law Department, the Office of Strategic Planning (OSP) has conducted a review of this agreement, and has determined that it is acceptable and beneficial to the City. I respectively request that your Honorable Body authorize the Mayor to execute a contract with the NYPA as described above, and that your Honorable Body grant permission allowing the City of Buffalo to receive the improvements included in the agreement. My department is available to meet with Your Honorable Body should you wish. Thank you for your consideration. DEPARTMENT HEAD NAME: Brendan Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning SIGNATi]RE OF DEPARTMENT HEAD: 1q, lb Imo► Newy 40 Authority RENEWABLE ENERGY PROGRAM SOLAR POWER AGREEMENT SOLAR PHOTOVOLTAIC PROJECT FOR THE CITY OF BUFFALO As of June 6, 2011 PREPARED BY: NEW YORK POWER AUTHORITY 123 MAIN STREET WHITE PLAINS, NEW YORK 10601 ATTN.: Paul Belnick TABLE OF CON] SECTION 1: SECTION 2: ATTACHMENT A TO- AGREEMENT: TENTS INTRODUCTION AGREEMENT CONTRACTOR SCOPE OF WORK; Recipient Responsibilities in Project Scope of Work; and System, Specifications Table of Contents 0 Introduction The project will install a Solar Photovoltaic ( "PV ") system at the Broadway Market„ 999 Broadway, Buffalo NY, 14212 -1369 (the "Facility"), owned by The city of Buffalo (the "Recipient ") will be implemented by the New York Power Authority (the "Authority ") at no cost to Recipient. This project (the "Project") will be a 40M PV array. The Project is expected to generate approximately 40,000kWh per year of renewable energy. Except as expressly provided in the Agreement, Authority will be responsible for the balance of the Project costs. When exposed to sunlight, the proposed PV system will generate electricity without the need for any moving parts or added fuel. Solar electricity, -a clean, renewable source of energy, will offset the purchase of conventional grid supplied electricity. Working as a parallel generator to the local utility, the PV system will not require an energy storage device, and will not require any operator supervision. As a parallel generator, the system will automatically turn off when power from the grid is lost and will automatically turn on when power from the grid is restored. Authority will issue a competitive solicitation for a PV system installation contractor who will be responsible for providing a turn -key PV system according to the Scope of Work described in Attachment A, attached hereto and forming a park of this Agreement. Based on a cost and quality review of all proposals, Authority shall select a contractor (hereinafter referred to as "Contractor ") to perform such Scope of Work, As soon as practicable after execution of this Agreement, Authority will schedule a Project kickoff meeting at the Facility to introduce Recipient/Facility staff to the Contractor and propose a Project schedule. The Contractor.shall then prepare a design for the system installation, according to the attached Project Scope of Work, and present it to the Recipient and Authority for approval. As soon as practicable after design and schedule approval, the Contractor shall commence installation. Introduction Page I SOLAR PHOTOVOLTAIC POWER SYSTEMS AGREEMENT BY AND BETWEEN POWER AUTHORITY OF THE STATE OF NEW YORK AND THE CITY OF BUFFALO This Agreement ( "Agreement ") made this ` day of , 20 by and between the Power Authority of the State of New York (the "Authority "), having a principal place of business at 30 South Pearl Street, Albany, NY 12207, and an office at 123 Main Street, White Plains, NY 10601, and The city of Buffalo ( "Recipient ") having its principal office at City Hall, 65Niagara Square, Buffalo, NY 14202-3306. WHEREAS, Authority has proposed to undertake a project for the installation of solar Photovoltaic ( "PV ") power systems at Recipient's facility located at The Broadway Market, 999 Broadway, Buffalo NY 14212 -1.369 (the "Facility") and . WHEREAS, such project (the "Project") is intended to supplement the Facility's conventional utility electric service; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: Article 1 Project Description 1.1 The Project consists of design, procurement of equipment and materials, installation, and testing, generally consisting of a. Representative testing for asbestos performed in the general area of the wall penetration. b. An array of solar photovoltaic (PV) panels mounted on the rooftop of the Facility. C. Inverters (which convert the direct current generated by the array to 60 cycle alternating current at the appropriate voltage) installed next to a circuit breaker panel within the Facility. d. The electrical wiring between the array of PV panels and the inverters, associated switches and protective relays, and a data acquisition system (a "DAS "). The Project is more fully described in Attachment A to this Agreement, attached hereto and incorporated herein. ' 1.2 All Project materials and equipment installed in the Facility shall be new unless otherwise stated in Attachment A. 1.3 Title to the Project equipment shall pass to Recipient upon Project completion (as defined Agreement Page I in Section 4.2). Upon passage of title to Recipient, Recipient shall be responsible for operation and maintenance of the Project equipment. Article 2 Implementation 2.1 Authority shall create the Project Scope of Work. The sample Scope of Work included as Attachment A contains the minimum requirements Authority shall require for the implementation of Project work. Authority retains the right to modify the Project Scope of Work as necessary to fit specific site conditions. 2.2 Procurement of all equipment and materials will be accomplished through an installation contractor ( "Contractor "). The Contractor will be responsible for providing Recipient with a turn -key PV system (Le., design, procurement, installation, etc.) according to the Scope of Work. A competitive bidding process shall be used to procure the services of the Contractor and the equipment and materials. Article 3 Permitting and Facility Access 3.1 Authority shall assure that performance of the Project work will be in accordance with all applicable local, State and Federal laws, guidelines and regulations, including applicable local, State and Federal building, fire and electrical codes and standards. Authority shall require Project work to be performed in such a manner as not to unreasonably interfere with the Facility's operations. 3.2 Recipient shall, without cost to Authority, provide Authority and/or its Contractor with such assistance as may be required for Authority /Contractor to obtain and maintain all permits, licenses and authorizations required to perform the Project work. Examples include, but are not to; building permits, utility grid parallel operating permit and New York State Education Department permit (if applicable). 3.3 Recipient shall be responsible for providing to the Authority /Contractor any roof, loading/structural analysis as may be required. 3.4 Recipient shall, without cost to Authority, provide Authority with all documents, drawings, specifications, details and all other information concerning the Facility which Authority /Contractor may need in connection with the Project. 3.5 Recipient shall cooperate with Authority and its Contractors with respect to Proj cot installation (including the provision of any needed exterior construction staging site near the Facility) and shall, without cost to Authority, provide necessary access to the Facility and any incidental services of its personnel which may be necessary for installation of the Project. Article 4 Project Com letinn/Final Inspection Report 4.1 Authority shall notify Recipient when the Project work is complete and Authority and Agreement Page 2 Recipient shall promptly inspect the Facility. 4.2 Authority shall certify in a "Final Inspection Report" that the Project work has been satisfactorily completed according to the provisions of'th3is Agreement and all State and local building, fire, and electrical codes and standards applicable to the Facility. Authority and Recipient shall jointly sign the Final Inspection Report, the execution of which shall formally denote Project completion. The execution of the Final Inspection Report shall not be unreasonably withheld by either parlor. Article 5 Costs - Fundin Except as expressly provided in this Agreement, Authority will be responsible for the costs of implementing the Project. Article 6 Warranties The following warranties shall be assigned to Recipient upon Project completion, 6.1 Manufacturer's warranties for equipment installed at the Facility: 6. 1.1 PV Modules: 20 year warranty 6.1.2 Inverters: Five (5) year warranty 6.1.3 Data Acquisition System: Five (5) year warranty 6.2 Contractor's warranty providing that any defective workrnawhip identified within one (1) year after commencement of operation at the Facility shall be promptly replaced and/or re performed by Contractor at no additional expense to Recipient. 6.3 Contractor's five (S) year warranty. Article 7 Waste and DebAs 7.1 Authority shall ensure that the Contractor shall be responsible for thoroughly cleaning the job site, with the exception of the removal and disposal of Waste which shall be the responsibility of Recipient. Recipient shall be responsible for handling, transporting and disposing of Waste encountered in the implementation of the Project in accordance with applicable local, State and Federal laws and regulations. The term "Waste" refers to waste PCBs (as defined by the United States Environmental Protection Agency ( "USEPA ") in 40 CFR Part 76 1) and hazardous waste (as defined by the USEPA in 40 CFR Part 261 and the New York State Department of Environmental Conservation ( "NYS DEC ") in 6 NYCRR Part 371) as well as other material regulated for purposes of release, reuse, disposal, or recycling (e.g. CFCs, ethylene glycol, mercury, oil, asbestos) which form a part of the equipment and materials removed from the Facility due to implementing the Project. flgreerristtt Page 3 X'� 7,2 Recipient acknowledges that, in accordance with USEPA and NYS DEC regulations, the Facility is, and remains the Generator of, and holds title to, any Waste encountered in the course of the Project work. Recipient may need to obtain Hazardous Waste Generator Identification Numbers from the USEPA. 7.3 Prior to the start of Project work, an environmental contractor retained by Authority shall test for asbestos. Authority shall advise Recipient where material determined to be Waste has been encountered which must be disposed of by Recipient pursuant to USEPA and NYS DEC regulations and other applicable local, state and federal laws, rules, regulations, policies and procedures. If, after Project work has commenced, Waste is encountered, Authority's Contractor shall cease Project work until Recipient arranges to remove the Waste from the Facility site. After the Waste has been removed and disposed, Authority's Contractor shall resume Project work. 7.4 To the extent permitted by law, Authority and its Contractors shall not be responsible for any costs under present or future laws or regulations due to pollution, clean -up or otherwise at the site of disposal of the Waste and debris from the Project, unless caused by the negligence of Authority or its Contractors; these costs shall be the sole responsibility of Recipient. 7.5 To the extent permitted by law, Recipient shall, at its sole cost and expense, defend and hold harmless Authority against any loss, liability (including, without limitation, judgments, attorney's fees, court costs, penalties or fines), or expenses of any type (including, but not limited to, required corrective actions) which Authority incurs because of injury to, or death of any person, or on account of damage to property, or any other claim, arising out of, in connection with, or as a consequence of (a) the disposition or use of retained equipment by Recipient or anyone for whose acts Recipient may be liable, and (b) any cleanup costs associated with any site where Waste or debris are disposed of or come to be situated including, but not limited to, response and remedial costs. Article 8 Insurance 8.1 Authority's agreements with the Contractor shall provide that the Contractor or subcontractor shall obtain and maintain Workers' Compensation (inclusive of New York State disability benefits) and employers liability coverage with a minimum limit of $1,000,000 as well as standard Commercial General Liability Insurance policy, including contractual Iiability coverage, with minimum limits of $2,000,000 per occurrence for bodily injury and $2,000,000 per occurrence for property damage, naming Authority, the State of New York, and Recipient as additional insureds to the policy. Authority's agreements with the Contractor shall also provide that the Contractor or subcontractor shall obtain and maintain Automobile Liability coverage with a minimum limit of at least $1,000,000 each accident. Authority's contract documents with the Contractor shall include Recipient as an indemnitee in any indemnification provisions. 8.2 With specific regard to the Project equipment, while the equipment is in Recipient's care, custody, and control and until the Project has been completed (as signified by the "Final Agreement Page 4 Inspection Report" as described in Section 4.2), Recipient shall procure and keep in place an all risk policy of insurance which will insure the equipment for full replacement cost value against loss. All coverages should be evidenced on: 1) the Authority's annexed form; or 2) an Acord form accompanied by the endorsement page, with the identifying policy number, specifically naming the New York Power Authority and the State of New York as additional insureds to the policy. (A blanket additional insured clause is not acceptable). The Recipient will deliver or cause to be delivered to the Authority, upon request, a copy of each such insurance policy. This insurance shall be at Recipient's cost. 8.3 Prior to commencement of any work hereunder,'Recipient shall furnish Authority a certificate of insurance as described in Section 8.2), showing that Recipient has the specified insurance and that the policies shall not be changed or canceled without thirty (30) days' prior written notice to Authority. The form and sufficiency of each insurance policy required to be obtained herein shall be subject to Authority's approval and with insurance companies acceptable to Authority. 8.4 In Iieu of obtaining the insurance policies, Recipient may, at its option and with the Authority's approval, which shall not be unreasonably withheld, elect to self insure against risk of loss. The decision to self insure will not relieve Recipient of any of the obligations imposed herein and will afford the Authority the protection against toss and rights it would have received, if Recipient had obtained such policies of insurance. Recipient shall provide to the Authority from the Chief Financial Officer or authorized Recipient signatory, a written letter on Recipient letterhead stating self insured status. Article 9 Limitation of Liability and Indemnification 9.1 In consideration of the benefits provided herein, to the extent permitted by applicable law, Authority shall not be liable to Recipient in contract, in tort or otherwise for any injury to persons or damage to, or loss of property or equipment (including the Project equipment) arising froze, or in any way connected with, this Agreement or the Project. including, but not limited to, the installation and subsequent operation of the Project equipment. Recipient agrees to pursue and exhaust all remedies in law against relevant Contractor and/or manufacturers or Project vendors. The obligations set forth in the foregoing two sentences of this Section 9.1 shall not apply to the extent of Authority's gross negligence or willful misconduct. 9.2 To the extent permitted by applicable law, under no circumstances shall Authority be liable for indirect, incidental or consequential damages, such as loss of profits or revenue, loss of use of equipment or power systems, cost of capital, cost of purchased or replacement power or temporary equipment ( including additional expenses incurred in using existing facilities) or for any other similar damages, arising from or relating to this Agreement, 9.3 Recipient shall and hereby agrees to indemnify and save Authority, its officers and employees; and the State of New York harmless from and against all liabilities, demands, suits, judgments, expenses (including without limitation, judgments, attorneys' fees and Agreement Page 5 ELF court costs), or penalties which it may incur arising from the implementation of the Project or the installation, operation, or maintenance of the Project at the Facility, or in any way as a consequence of Authority's or the State of New York's funding of the Project. The obligations set forth in the foregoing sentence of this Section 9.3 shall not apply to the extent of Authority's gross negligence or willful misconduct. Article 10 Notices 10.1 All notices to be given under this Agreement shall be in writing and mailed by certified mail return receipt requested, or nationally recognized overnight courier, to the other party at its address set forth below: If to Authority: New York Power Authority 95 Perry Street — Suite 401 Buffalo NY, 14203 Attention: Mr. John Darlak Statewide Energy Services If to Recipient: City of Buffalo Attn: Dan Connors 65 Niagara Square Buffalo, NY 14202 -3306 Another address or addressee may be specified in a notice duly given as provided. 10.2 Each notice, invoice or other communication which shall be mailed, delivered or transmitted in the manner described above shall be deemed sufficiently given and received for all purposes at such time as it is delivered to the addressee (with return receipt, the delivered receipt, the affidavit of the messenger being deemed conclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation. Article 11 Miscellaneous 11,1 Upon reasonable notice to Recipient, Authority may periodically inspect and test the performance of the Project equipment during and after installation, alone or with others. 11.2 Recipient shall provide Authority with access to generation data via direct internet access, a dedicated telephone line; or other method of direct communication as deemed appropriate. 11.3 Recipient shall provide evidence to Authority that it has consulted with the State Historic Preservation Office of the New York State Office of Parks, Recreation and Historic Preservation ( "SHPO "), and that SHPO has determined that the Project will not cause any Agreeinent Page 6 change in the duality of any historic, architectural, archeological or cultural property that is listed on the National Register of Historic Places or is listed, or is eligible to be listed, on the State Register of Historic Places. (SHPO may be contacted at the New York State Office of Parks, Recreation and Historic Preservation, Field Services Bureau, Peebles Island, P.O. Box 189, Waterford, New York 12188. 0189; telephone: (5 18) 237 - 8643). Authority will not go forward with the Project unless and until evidence of consultation with the SHPO, acceptable to Authority, has been provided. 11.4 The pmties agree to work together to coordinate press events and press releases or other public disclosures of matters relating to this Agreement or the Project and/or Authority's participation in the Project.'The parties shall consult with each other as to the form and content of press releases and other public disclosures. Each party shall have the right to require reasonable changes, provided that such changes are requested within five business days of receiving the proposed material. Nothing in this Section 11.4 shall prohibit either party from making any disclosure which its legal counsel deems necessary or advisable to fulfill Authority's or Recipient's disclosure obligations under applicable law. 11.5 No provision of this Agreement shall, directly or indirectly, create or give to any third party; including any contractor or any subcontractor, or any vendor or supplier, any claim or right of action against Authority, Recipient or the State of New York. 11.6 This Agreement shall be governed by and construed in accordance with the laws of the State of New York, including the provisions of its Uniform Commercial Code but excluding any conflict of laws principles. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted only in the courts of the State of New York located in Westchester County. 11.7 Recipient shall not assign this Agreement without the prior written consent of Authority. 11.8 The use of Article and Section headings are for the convenience of the parties and are to be given no weight or meaning when interpreting the provisions contained herein. 11.9 This Agreement, with its Attachment A contains the entire understanding of the parties concerning the subject matter hereof and may not be changed, in whole or in part, except by a writing signed by both parties. [SIGNATURE PAGE FOLLOWS] Agreement Page 7 0 IN WITNESS WHEREOF, the parties hereto have -duly executed this Agreement as of the date first written above. POWER AUTHORITY OF THE THE CITY OF BUFFALO STATE OF NEW YORK By: Paul Belnicic By: Byron Brown Title: Vice President Title: Mayor — City of Buffalo Energy Services & Technology Date Date Agreement Page 8 Attachment A Contractor Scope of Work Authority and/or its Contractor shall be responsible for providing a turn -key PV system according to the following Scope of Work. Work will be in accordance with all applicable local, State and Federal laws, guidelines and regulations, including applicable local, State and Federal building, fire and electrical codes and standards. Work to be performed in such a manner as not to unreasonably interfere with the Facility's operations. Items 5 -8 shall be completed within eight (8) weeks of Authority's instruction to begin construction. 1, Initial Site Evaluation: Working with Recipient, Authority and/or its Contactor shall identify Facility locations for system installation and electrical connections. 2. Design: Detailed design specifications of the PV system. The design shall cover PV atTay, support structure, inverter, system wiring and protection devices, and a data acquisition system (a "DAS "). All design drawings shall be sealed by a Professional Engineer registered in the State of New York. All designs shall be approved by Authority and Recipient prior to construction. 3. Asbestos testing: With the basic design approved by both Authority and Recipient, Authority will use an environmental contractor to take a representative sample near the location where the wall penetration is expected to occur. 4. Permits: Filing of applicable building permits and utility grid parallel operating permit. If applicable, filing of a New York State Education Department permit with the assistance of Recipient. 5. Furnish PV System: Furnish all PV system components and required construction materials. 6. Fabrication: Construct the PV systems as per requirements specified in "System Specifications" below. 7. Delivery: Deliver all system components to the Facility. 8. Installation: Install PV system in compliance with all applicable codes and standards. 9. Startup: Start up the PV system in a grid parallel configuration and validate system performance relative to specifications. 10. Documentation: Provide the following documentation: Operation and Maintenance Manuals, preliminary design and final as -built drawings bearing a New York Professional Engineer's seat. 11. Operation. and Maintenance Training: Administer an Operations and Maintenance Training Course to Facility designated maintenance personnel upon completion of installation, This course shall be structured such that maintenance personnel with no previous experience with PV systems will be able to troubleshoot and diagnose basic system problems. Attachment.4 Page I M. Recipient Responsibilities in Project Scope of Work 1. As described in Section 3.2 of this Agreement, Recipient shall provide Authority and/or its Contractor with such assistance as may be reasonably required for Authority /Contractor to obtain and maintain all permits, licenses and authorizations required to perform the Project work. 2. As described in Section 3.3 of this Agreement, Recipient shall be responsible for providing to the Authority /Contract any roof loading/structural analysis as may be required. 3. As described in Section 3.4 of this Agreement, Recipient shall provide Authority with all documents, drawings, specifications, details and all other information concerning the Facility which Authority /Contractor may need in connection with the Project. 4. As described in Section 8.3 of this Agreement, Recipient shall furnish Authority a certificate of insurance on Authority's form annexed hereto, showing that Recipient has the insurance, as specified in Section 8.2, and that the policies shall not be changed or canceled without thirty (30) days' prior written notice to Authority_ 5. As described in Section 11.2 of this Agreement, Recipient shall supply and maintain a dedicated telephone line or network line at the Facility for communication with the DAS. 6. As described in Section 11.3 of this Agreement, Recipient shall be responsible for compliance with the requirements of the State Historic Preservation Office. System Specifications The Project shall be a 40kW PV array. The Project is expected to generate approximately 40,000kWh per year of renewable energy. No energy st6rage devices will be employed, and the system will operate as a parallel generator with the local utility grid. As a parallel generator, the system will automatically turn off when power from the grid is lost and will automatically turn on when power from the grid is restored, The system will not export power to the local utility grid. The following system requirements describe the Project specifications. 1) PV Array Specifications • The PV array shall include all supplementary AC and DC circuits including wires, conduit, combiner boxes and disconnect switches. All roof mounted electrical components, including conduit, shall be watertight and installed so as to allow for seasonal thermal expansion without structural stress or failure. • The PV array shall be mounted such that all modules, support structures and related electrical components are held in place without any penetrations to the roof membrane and waterproofing system. • The array shall remain stable without structural failure when subjected to 100 mph winds from any direction, or as required by local building code. Attachment A Page 2 • All material used in the PV array must be in new, unused condition and must be selected to provide corrosion resistance and mutual. compatibility. • The PV array shall be mounted so as not to affect roof drainage. 2) Inverter and Wiring Specifications • The PV generated power shall feed a utility parallel breaker panel at the Facility. .Interconnection at this panel will be per all applicable electric codes and standards. The inverters shall be capable of completely automatic, unattended operation, including wake -up, synchronization, and disconnection. • The maximum audible noise in front of the inverter shall be 50 0 at 2 ft. 3) System Monitoring • A user friendly DAS shall be installed as a component of the inverter to provide the following data at a minimum; • real time AC power and DC voltage readings • cumulative system AC energy generation and run time • error messages All data shall be viewable on the DAS's display and shall be capable of being downloaded through a modem or network connection. The DAS shall include software which provides user - friendly reports. • The Facility shall supply and maintain a modem or network connection to the DAS. 4) System Warranties System warranties will be as follows: • Twenty (20) year warranty on PV module performance • Five (5) year warranty on the inverter(s) and DAS « One (1) year warranty against defective workmanship • Contractor's five (5) year warranty AttachmentA 60 :Zj d 6 AWIR Page 3 Permission to Enter into Agreement — Receive Improvements Regarding the Installation of Solar - Powered, Photovoltaic Electrical System at the Broadway Market (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated May 9, 2013, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to enter into an agreement with the New York Power Authority for the installation of a solar - powered, photovoltaic electrical system on the roof of the Broadway Market to supplement existing electrical consumption; and authorizes the Mayor to execute the contract with the New York Power Authority and grants permission allowing the City of Buffalo to receive the improvements included in the agreement. Passed. C: IUSets5tmc3ns�5App➢aral[.acalti ficrowfllWiMOwslTemporary Imcmcl FU \ Content .0o0dak\QX32QVW65PemiWonto Enter into Agreement -Ws Ponvr Aothodty.docx 2� * AYE * NO * FONTANA GOLOAMM LOCMTO * FJVIUU * SC,MON SMITH . Maj -5 213 5 34- 7 *. City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 5 PASSED May 14, 2413 Strat Plan- Rescind Sale & Forfeit Deposit -64 Hayes PI (Lov) Gerald A Chwalinski City Clerk & j 60 '01 "�V 1 Z d C , . " (, � 1 �<. C �f `r #1 (Rev. 1193) One Page Communication to the Common Council TO: THE COMMON COUNCIL DATE: April 30, 2013 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Rescind Sale & Forfeit Deposit 64 Hayes Place Niagara Ceramics Corporation Mr. Bob Lupica (Lovejoy District) PRIOR COUNCIL REFERENCE: Item #6, C.C.P. July 22, 2008 Item # 11, C.C.P. June 26, 2012 Item # 98, C.C.P. March 19, 2013 In Item #6, C.C.P. July 22, 2008 Your Honorable Body approved the sale of 64 Hayes to Niagara Ceramics Corporation, Mr. Bob Lupica, 74 Hayes Place, Buffalo, New York 14210. Item #11, C.C.P. June 26, 2012 requested that Your Honorable Body authorize rescinding the sale of 64 Hayes to Niagara Ceramics Corporation due to their failure to respond to several notices sent to them to close on the transfer of title. This item also requested the forfeiture of the Eight Hundred Dollar ($800) deposit and the return of the property to the Division of Real Estate's inventory for future sale. Pursuant to Item #98, C.C.P. March 19, 2013 the Council voted to receive and file the communication presented as Item #11, C.C.P. June 26, 2012. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 64 Hayes Place to Niagara Ceramics Corporation, forfeit the Eight Hundred Dollar ($800) deposit and return the property to the Division of Real Estate's inventory for future sale. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: CRN:ck Rescindforfeitdep 64 hayes resubmitted /salespri CHRISTIE R. NELSON DIRECTO L ESTATE OFFIC F STRA EGIC LANNING S° Page 1 of 1 �-0 No. 6 Results of Negotiations 64 Hayes Place, 537.46'N Seneca Vacant Lot: 90'x 129' Assessed Valuation: $6,800 (Lovejoy District) The Office of Strategic Planning, Division of heal Estate has received a request from Mr. Bob Lupica, Niagara Ceramics Corporation, 75 Hayes Place, Buffalo, New York 14210, to purchase 64 Hayes, a City owned vacant lot. Mr. Lupica plans to use this vacant lot for future expansion and create additional parking for Niagara Ceramics Corporation. The Office of Strategic Planning Land Use Planning Committee Division -of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Two Cents ($.32) to One Dollar and Sixteen Cents ($1.16), per square foot. The results of our negotiations are that Mr. Lupica has agreed and is prepared to pay Eight Thousand Dollars ($8,000), the equivalent of Seventy-Five Cents ($.75) per square foot for the subject property. Mr. Lupica 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 64 Hayes in the amount of Eight Thousand Dollars. ($8,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 11, 2008, be received and filed; and That the offer from Mr. Bob Lupica, Niagara Ceramics Corporation, 75 Hayes Place, in the sum of eight thousand dollars ($8,000.00) for the purchase of 64 Hayes, 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. PASSED AYES - 9 NOES - 0 i i http: / /www. city - buffalo .com /WebSearchV3 /index.aspx? context = retrieve &maxsize = 200000... 91$12008 _ -� NO. 11 RESCIND SALE & FORFEIT DEPOSIT 64 HAYES PLACE NIAGARA CERAMICS CORPORATION Mr. Bob Lupica (Lovejoy District) PRIOR COUNCIL REFERENCE: Item #6, C.C.P. July 22, 2008 In the above referenced item Your Honorable Body approved the sale of 64 Hayes Place to Mr. Bob Lupica of Niagara Ceramics Corporation, 75 Hayes Place, Buffalo, New York 14210. Several notices have been mailed to Mr. Bob Lupica to finalize the sale and close on the transfer of title. Final notice was sent on April 25, 2012 advising that failure to respond would result in rescinding the sale, forfeit the deposit of Eight Hundred Dollars. ($800.00) and return the property to our inventory for future sale. Mr. Lupica has not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 64 Hayes Place to Mr. Bob Lupica of Niagara Ceramics Corporation, the deposit be forfeited and the property be returned to our inventory for future sale. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. ell "t F,�. C N NO. 98 RESCIND SALE & FORFEIT DEPOSIT 64 HAYES(LOV)(STRAT PLAN) ( #99,6126)( #85,7124) (C.C.P #928, SEPT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED 3 1 1 r q �i 3 Rescind Sale and Forfeit Deposit — 64 Hayes Place (Lov)(Strat Plan) Mr. Smith moved:. That the above item be, and the above communication from the Department of Strategic Planning, dated April 30, 2013, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 64 Hayes Place and the deposit of Eight Hundred Dollars ($$00.00) down payment is forfeited by Niagara Ceramics Corporation, Mr. Bob Lupica, 74 Hayes Place, Buffalo, New York, and that the property be returned to inventory for sale. Passed. C,4Use[aumdns1d41ppAafzST c mi,-- MWindo.s Tempomry late=t FilesSCon=t OuiloWOX32QVW6Ucsdnd sateb4 HaM.dw S ATE *NO* FONTANA JWCZYK WCURTO PRIDGEN smrm M4 -5 . 213- G 3/4- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO FITWATHM Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 6 PASSED May 14, 2013 Strat Plan-Resubmission of Budget Amendments to FSG 2011 and 2012 Annual Action Plan- Amend to HOPWA 201 Plan, Clarification 2012 Public Facilities Allocation Gerald A Chwalinski City Clerk Vm MAY 28 2013 Av�j E juz �n 0 J - 11 J COMMUNICATION TO THE COMMON COUNCIL To: Common Council From: Office of Strategic Planning Date: April 25, 2013 Re: Resubmission of budget amendments to the ESG 2011 and 2012 Annual Action Plans; Amendment to the HOPWA 2010 Annual Action Plan; Clarification of 2012 Public Facilities Allocation Prior Council Reference: Item No. 00002, CCP 02/15/11 (2011 Annual Action Plan— Year 37) Item No. 00070, CCP 02/07/12 (2012 Annual Action Plan — Year 3 $) Attached for Your Honorable Body's consideration, please find amended budgets for the 2011 and 2012 Annual Action Plans for the Emergency Solutions Grant portion of the plans. Budget amendments were required for these programs due to changes in the regulations by the United States Department of Housing & Urban Development. HUD regulations, such as the new Hearth Act, now require the expenditure of more funds for rapid rehousing rather than transitional housing and homeless prevention. Under the new rapid rehousing model, agencies focus on placing people into permanent housing within a month or sooner with supportive services, where with transitional housing model individuals were still considered homeless and could remain without permanent housing for up to two years. The U.S. Dept. of Housing & Urban Development allocated additional funding in the amount of $396,740 for the 2011 ESG Program after initial allocations were made. This represents a new allocation of ESG funding that will be contracted through the City. In addition, the ESG portion of the 2012 Annual Action Plan was amended to comply with new regulations set forth in the Hearth Act, which were released after the City had prepared its original plan and budget. The Annual Action Plan Amendment 2012 ESG replaces all original allocations and reallocates the funding for compliance with the new rules and regulations of the Hearth Act. This creates hardship for some agencies, but is required in order to comply with the new regulations. Also requiring consideration is an amendment to the 2010 Housing Opportunities for Persons with AIDS budget. This amendment reallocates $55,000 in funding from Group Ministries to the American Red Cross. Group Ministries was unable to conduct the program which includes short term rent, mortgage and utility assistance, permanent housing placement, and support services; and the American Red Cross is the only agency that conducts the same program and services and has agreed to carry out this activity. Pursuant to HUD's citizen participation requirements, the City conducted a Public Hearing on April 11, 2012 for the 2011 ESG Amendment; and on November 15, 2012 for the 2012 ESG and 2010 HOPWA amendments. No comments were received on the HOPWA Amendment and one comment from the Homeless Alliance was received on the 2012 ESG Amendment (attached). The comment was reviewed and taken into consideration for the upcoming 2013 Annual Action Plan. _ n SIGNATURE Imo, UL/L / DEPARTMENT HEAD NAME: Brendan R. Mehaffy, Esq. TITLE: Executive Director, Office of Strategic Planning -�3A ``J Year Local iD# Recipient p Total H11Ax H11Bx H11CX H11D1 H11D2 H11D3 Homeless Prevention Rapid Rehousing Emergency Shelter Street Outreach HMIS Administration 37 - 80217 211 WNY 2,228 2,228 37 - 80200 Buffalo City Mission 989,888 189,888 37 - 80218 Catholic Charities 24,961 24,961 37 - 80203 Crisis Services 4,457 4,457 37 - 80219 HOME 22,724 22,724 37 - 80207 Homeless Alliance of WNY 70,000 40,000 30,000 37 - 80209 Lt Matt Urban HOPE Center 32,784 32,784 37 - 80210 Neighborhood Legal Services 26,563 26,563 37 - 80216 City of Buffalo 23,135 23,135 TOTALS 396,740 0 303,605 0 0 40,000 53,135 H11Ax H11Bx H11CX H11D1 H11D2 H11D3 Year Local ID# Recipient Initial Approval Revision Amount Revised Total Homeless Prevention Rapid Rehousing Emergency Shelter Street Outreach HMIS Administration 38 - 80217 211 WNY 0 1,772 1,772 1,772 38 - 80200 Buffalo City Mission 120,000 105,979 225,979 150,979 75,000 38 - 80218 Catholic Charities 0 19,846 19,846 19,846 38 - 80201 Compass House 55,000 (5,000) 50,000 50,000 38 - 80202 CEM Loaves and Fishes 12,000 (12,000) 0 38 - 80203 Crisis Services 192,200 (33,657) 158,543 3,543 119,361 35,639 38 - 80204 Family Promise of WNY 13,200 (4,200) 9,000 5,000 4,000 38 - 80205 FLARE TRY Program 62,938 (29,438) 33,500 33,500 38 - 80206 Gerard Place 62,938 (29,438) 33,500 33,500 38 - 80219 HOME 0 18,067 18,067 18,067 38 - 80207 Homeless Alliance of WNY 79,979 (71,495) 8,484 8,484 38 - 80209 Lt Matt Urban HOPE Center 171,388 (35,321) 136,067 26,067 110,000 38 - 80208 Legal Aid Bureau 54,738 (29,738) 25,000 25,000 38 - 80210 Neighborhood Legal Services 115,078 (33,957) 81,121 60,000 21,121 38 - 80211 Salvation Army 69,738 (29,738) 40,000 40,000 38 - 80292 Saving Grace Ministries 40,000 (5,000) 35,000 35,000 38 - 80213 VIVE 50,000 (20,000) 30,000 30,000 38 - 80214 WNY Veterans 40,556 (10,556) 30,000 30,000 38 - 80215 YWCA of WNY 25,000 (10,000) 15,000 15,000 38 - 80221 Rapid Rehousing Unallocated 0 214,605 214,605 214,605 38 - 80216 City of Buffalo 94,438 (731) 93,707 93,707 TOTALS 1,259,191 0 1,259,191 90,000 456,000 465,361 145,639 8,484 93,707 960 Main St. Buffalo, NY 14202 Telephone (716) 853 -1101 FAX (716) 853 -1750 www.wnyhomeless.org Public Comments: City of Buffalo Annual Action Plan hearing February 13, 2012 My name is Dale Zuchlewski, Executive Director of the Homeless Alliance of Western New York. In reviewing the 2012 -13 Annual Action Plan, I have several concerns regarding the allocation of Emergency Solutions Grant funds. First and foremost is compliance with the new ESG regulations published on December 5, 2011. These regulations were published after your funding applications were accepted and as you were making funding decisions for this upcoming year. These regulations apply the 2 °d allocation of 2011 funds that the city received and are to be used exclusively for prevention, rapid re- housing, HMIS and administration so it likely means that HUD wants the 2012 Annual Action Plan to reflect compliance with these goals. If this assumption is correct then it appears that the city may not be in compliance with the new regulations. I must emphasize that I believe this is caused more by the timing of the publication of the regulations than any willful effort by the City or BURA not to comply. The late release of the regulations also made it impossible for ESG applicants to submit proper proposals for prevention activities and rapid re- housing further complicating compliance efforts. You don't blow that you received the best proposals for implementation of the ESG program in 2012. That being said, it is possible that HUD may send this portion of the application back to ensure compliance with the new regulations. Subpart E — Program Requirements, sec. 576.400 Area wide systems coordination requirements paragraph. (a) Consultation with Continuums of Care states " The recipient must consult with each Continuum of Care that serves the recipient's jurisdiction in determining how to allocate ESG funds each program year; developing the performance standards for and evaluating the outcomes of, projects and activities assisted by ESG finds; and developing finding, policies and procedures for the administration and operation of the HMIS. While we met last week with Keith Lucas and Bill Parke from the Planning Division to begin this collaboration, there was no collaboration on the 2012 ESG program. I do have to say we are very, very encouraged by the meeting we had with your representatives last week and we are excited about the potential for future collaboration. The City of Buffalo, the County and the Town of Tonawanda have agreed to hold a j pint focus group on the future spending of the ESG finds for prevention and rapid re- housing. This is monumental. Exciting, collaborative programming is possible in the future. We may need to take a little bit more time with the 2012 allocation to make sure we get it right. 34 The Homeless Prevention and Rapid Re- housing program that brought $6.6 million of federal stimulus 3 6 Dale Zuehlewski comments 2 -13 -12 program funds into Buffalo was hailed as the model of a collaborative effort. The homeless community was energized and the City's program was recognized regionally and state wide as a model program. It was recently recognized by HUD as a national "Best Practice" for a single point of entry and Homeless Information Management System use. Good things happen when we work in a collaborative effort to end homelessness. Discussions with HUD need to happen sooner rather than later to determine if the current ESG portion of the application is in compliance in order to avoid any unnecessary delays in getting successful applicants under contract so there is no disruption in service to this most vulnerable population. As an applicant, the Homeless Alliance requested $30,000 in CDBG funds for support of our work to continue our success in competing for HUD Continuum of Care funding. I roust stress the word "compete." We are in completion nationally for these funds and your investment of $22,000 last year leveraged $9 million. The $30,000 request would restore funding back to our original CDBG allocation that has been cut by almost 113 over the past few years. We do understand your allocation has also been cut but very few programs leverage the amount of funds that the Homeless Alliance does. We also requested $40,000 of CDBG finds for assistance with our update of our Plan to End Homelessness and $5,500 of ESG fiends for HMIS licenses. It appears that you combined all of our requests into the ESG portion of the application. While we appreciate your acknowledging the importance of our work, I feel obligated to caution you that the funding for the update to our plan is only eligible under the Administrative category of ESG not in the area that is appears to have been placed. Funding for support of the Continuum of Care is not eligible under the ESG program. Additionally, the use of ESG funds triggers the 100% cash match requirements. Finally, the lateness of the regulation release didn't allow time for the Homeless Alliance to submit an application for our HMIS costs beyond software licensing fees. While your efforts to assist us are appreciated, unless you allocate a portion of your ESG admin funds to the Homeless Alliance, your will have actually cut our funding from last year. I know this was not a deliberate attempt to cut our fiends or hurt the Homeless Alliance but we need to have further discussions on this matter so we can continue our planning efforts, data analysis and grant writing in order to end homelessness in Buffalo and Erie County. Our costs for our Homeless Plan have decreased since we are taking on a bulk of the work in -house rather than contracting with the Regional Institute so I am confident we can work something out but we need to talk further. Respectfully submitted Dale Zuchlewski Executive Director Resubmission of Budget Amendments (Strat Plan) Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 25, 2013, be received and filed; and That the Office of Strategic planning is authorized to amend the 2011 Annual Action Plan for year 37, and the 2012 Annual Action Plan for year 38, with the U.S. Department of Housing and Urban Development, to reallocate ESG funding to comply with new HUD regulations consistent with the Hearth Act, and to amend the 2010 Housing Opportunities for Persons with AIDS budget to reallocate $55,000 from Group Ministries to the American Red Cross. 3� * AYE'S NO FONTANA FRANC GOLUMSEK LOCUR.TO FRIDGRN * ' � MVERA RUSS= SCA "N SWIR 213- 6 V ,� 34- 7 ool # 1 (Rev. 1193) COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 14th, 2013 FROM: Mayor's Office of Strategic Planning DIVISION: Planning SUBJECT: Review of Proposed Community Development Block Grant and HOME Investment Partnership Annual Action Plan Amendments PRIOR COUNCIL REFERENCE: TEXT: (TYPE SINGLE SPACE BELOW) The Mayor's Office of Strategic Planning has scheduled a public hearing for Thursday, May 23, 2013 at 6:00 p.m. in the Buffalo Central Library. The purpose of the public hearing is to review proposed amendments to previously approved Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program funding commitments. The amendments reallocate CDBG funds and HOME funds from prior year funding commitments. The proposed amendments do not impact the Year 39 Annual Action Plan. Both CDBG and HOME funds must be spent within a certain time period. The proposed amendments are designed for the funds to be spent strategically, but also expeditiously. The proposed CDBG amendment primarily reallocates funding to community center improvements. The City's community centers play a critical role in meeting the needs of the City's neighborhoods. The identified community centers serve youth and seniors, as well as provide a location for the operation of many human service agencies. The amendments address the capital improvement needs of the community centers. Budget numbers for CDBG amendment will be provided prior to the Council's next Community Development Committee meeting. Eligibility of certain projects is still being confirmed with HUD and budget numbers finalized. The proposed HOME amendment primarily clarifies which projects previously received HOME funds and reallocates unused prior year funds assigned to Community Housing Development Organizations (CHDOs) into current year CHDO activities or the owner - occupied housing program. More detail is provided in the attachment to this communication. The Mayor's Office of Strategic Planning will attend the Council's Community Development meeting scheduled for May 21, 2013 prepared to discuss in greater detail the proposed CDBG and HOME amendments as well as the Year 39 Annual Action Plan. Any proposed revisions to either the amendments or the Year 39 Annual Action Plan can be incorporated in time for the May 23 public hearing at the Central Library. The Mayor's Office of Strategic Planning is respectfully requesting that Your Honorable Body hereby: 1, refer this communication to the Community Development Committee for discussion at the May 21 meeting along with CCP 2119, Item 5, 2013 -14 Annual Action Plan (Yr 39 CDBG) 2013 -17 Consolidated Plan. The Council will subsequently approve all the CDBG capital improvement items as construction contracts. Regrettably, as of the date of this filing, HUD has not been able to provide the final budget numbers for Year 39. REFERRED TO THE COMMI'rTEE DEPARTMENT HEAD NAME: Brendan Mehaffy, E " COMMUNITY DEVELOPMENT, TITLE: Executive Director, Office of Strategic Planning SIGNATURE OF DIVISION OR DEPARTMENT HEAD vgQo� N1- kQ 6-6 cm G CONSOLIDATED PLAN HOME PROGRAM AMENOMENT5 - Budget Totals Reflect HUD 1015 PRZ7 Category Figures - Report Dated March U. 2013 1 S change 2006 Annual 2009 Amended Budget 2013 Amended 2005 Annual 33 -74505 2007 68 A001 2007 Action Plan 2009 Amended Con Down Payment and Closing Cost Asst 13 Action Plan - 2005 2007 70 Matte Location or Budget - NO CHANGES Plan Projects Funded Budget as 2009 Amended 2013 Amended 71 ADDI2006 x Census 60,726 2005 Year CPS Activity Name Amended (2007) Budget Budget New Construction Hsg Subsidy Projects Funded Code Tract EN 31 -50502 2005 41 Program Delivery? Admin 505,306 505,305 505,306 AD Program delivery 1 admin costs 14H City -wide 1 NA 32 -70500 2006 80 Owner Occupied Rehab 1,4130,000 359,078 Bethel Ci7C, FLARE, Heart of the City EN CT 2,16, 24, 14A Citg -wide 32 -50502 2006 83 Program Delivery i Admin 501,333 476,333 476,333 Neighborhoods. HomeFront. and Matt Urban Program delivery 1admincosts 32.02.38, NA 33 -70502 2007 83 CHDO Operating 236,441 236,441 195,638 CO Funding for CHDO operating expenses Center Single Family NA 40.01.43, 33 -70504 31 -70501 2005 51 CHDO Activities 2,255,203 3403,900 1,140,414 CR Aequimtionl€;ehabMesale Projects 13 71.01 11863,486; dec 31 -70501 2005 51 CHOO LOANS 2,833,420 115,000 83,981 CL Crescent Village (MUC) CHDO Loans 14H CT 16 (3141.9) dec CHODOpesating 238,167 154,100 154,100 CO Funding for CHOU operating expenses 15B NA Owner Clccapied Rehab 2006 86 Rental Rehab -1 -4 Units 31 -70500 2005 60 Owner Occupied Rehab 2,113,912 1,176,199 3,0353W EN TargetlAHC?Lead150 -50 Programs 14A City -wide 1,913504 ine 31- 705012 2005 81 CHOU Operating 252,552 252,652 227,652 CO Funding for CHOU operating expenses 196 NA (25,000) dec 31 -70504 2005 39 ADDI2005 48,676 121,636 121,698 EN Down Payment and Closing CostAss't 13 City -.aide - TOTAL ALLOCATION 2005 5,175,754 5,174,754 5,174,754 - 2007 2006 Annual 2009 Amended Budget 2013 Amended 33 -74505 2007 68 A001 2007 Action Plan 2009 Amended Budget Down Payment and Closing Cost Asst 13 City -wide - 2005 2007 70 Activity Name Budget Budget - NO CHANGES Projects Funded 32 -705(Y5 2006 71 ADDI2006 60,726 60.726 60,726 EN Down Payment and Closing CostAss't 13 City -wide 32 -70900 2006 73 New Construction Hsg Subsidy 1,670,635 880,400 880,400 EN Sycamore Village New Hsg 13 CT 25.02 33 -50502 2007 81 Program Delivery 1 Admin 487,882 472,882 472,882 AD Program delivery I adrr n costs Owner Occupied Rehab TargetlAHC615 -50 NA 32 -70500 2006 80 Owner Occupied Rehab 1,4130,000 359,078 359,078 EN Programs 14A Citg -wide 32 -50502 2006 83 Program Delivery i Admin 501,333 476,333 476,333 AD Program delivery 1admincosts 14H NA 33 -70502 2007 83 CHDO Operating 236,441 236,441 195,638 CO Funding for CHDO operating expenses Bethel Performing Arts New Hsg, Willert Palk NA (40,743) dec 33 -70504 2007 84 Rental Rehab or New Construction - Multi Family Rental 1,535,174 1,630,000 900.000 EN Packard Apartments JillageHomeownershipZone - Myrtle, St, CT 40.01 CT 32.02, 32 -70501 2006 84 CHDO Activities 714,500 2,833,420 2,833,420 CR John Townhomes 13 12.130 32 -70502 2006 85 CHODOpesating 238,167 154,100 154,100 CO Funding for CHOU operating expenses 15B NA 32 -70503 2006 86 Rental Rehab -1 -4 Units 238,696 EN 14A 32 -70504 2006 87 Rental Rehab Investor MultiFamiy 250 ,000 EN 14B 2006 TOTAL ALLOCATION 2006 5,074,057 4,824,057 4,824,057 2007 2007 Annual Action Plan Budget 2009 Amended Budget 2013 Amended Budget 33 -74505 2007 68 A001 2007 60,726 $0,726 60,726 EN Down Payment and Closing Cost Asst 13 City -wide - 33 -70900 2007 70 New Construction Hsg Subsidy 1.000.000 13 Owner Occupied Rehab Taiget#AHC150 -50 33 -71)500 2007 78 Owner Occupied Rehab 1,000,000 1,630,174 1,460,331 EN Programs 14A Csty -wide (169,2431 dec 33 -50502 2007 81 Program Delivery 1 Admin 487,882 472,882 472,882 AD Program delivery I adrr n costs 14H NA HomeFront 19th Street Project, Livery 13, CT 66.01, 69, 33 -70501 2007 8Z CHDOActivities 709,323 709,323 1,699,309 CR Conversion Pioleot. St. Jahn Townhomes 14B 31 983,986 ino 33 -70502 2007 83 CHDO Operating 236,441 236,441 195,638 CO Funding for CHDO operating expenses 195 NA (40,743) dec 33 -70504 2007 84 Rental Rehab or New Construction - Multi Family Rental 1,535,174 1,630,000 900.000 EN Packard Apartments 148 CT 40.01 (780,0001 dec 2007 TOTAL ALLOCATION 2007 5,039,546 4,783,546 4.789,546 - CONSOLIDATED PLAN HOME PROGRAM AMENDMENTS - Budget Totals Reflect HUD I0 PR27 Category Figures - Report Dated March 8_ 2013 2008 Con 2008 Annual Action Plan Budget 2013 Amended Budget Matri Location 34 -70900 2008 69 American Dream Dow npayment Initiative 24,536 24,536 EN Down Payment and Closing Cost Asst 13 City -wide Year CPS Activity Name 71 New Construction Housing Subsidies 1,000,000 724,83$ Code Woodlawn Homes CT 34 Rehab assistance for SF Rehab funds for 2009 89 AcquisioonlPehabNR5A- BBB funds moved toCHDO[in 377,444 73 AcglRehabNRSA 777,617 32.02 Aoqu isitionlRehablResaleofexisting NA Ow ner Occupied Rehab TargetlAHCIS0- 35 -70500 2009 Owner Occupied Rehab TargetlAHC150- 1.250,161 136,023 34 -70500 2008 78 Owner Occupied Rehab Loan Program (HOME) 675,000 387,402 EN 50 Programs 14A City -wide 34 -70502 2008 82 Prog.Delivery -Rehab 457,515 457,515 AD Program delivery I admin costs 14H NA 34 -70501 2008 83 Rehabilitation - CHDOs 686273 686,273 CR St. John Townhomes (Partial Funding) Block by Block ARR Program (Partial CT 31 34 -70502 2008 84 Rehabilitation - CHDOs(Operating Costs) 223,746 - CO Funding for CHOO operating expenses IEIB NA 35 -70503 2003 101 CHDOCperating 254.094 - CO Funding lot CHDO operating expenses Amherst Station, WS tast F erry, Main NA U; 4u,ul, St Martin Village. Holy Family Senior Hsg, FerryAffordabie Housing, Massachusetts 35 -70504 33.03,65.02, 34 -70503 2008 85 Rental Rehabilitation or New Construction - Multi Family 750,000 2,319,122 EN Ave PUSH Rental Rehab 14B 69 5,081,876 - 5,081.875 TOTAL ALLOCATION 2008 4_599.687 - 4,599,687 2003 Note AAP # CPS 102 includes $225,000 for Program Income (total $2,154,7081 (275,161) dec (777,817) dec (287,538) dec (228.746) dec 1,569,122 inc (177,444) dec (1,114,138) dec 899,936 inc (254,034) dec 845,740 inc (100,000) dec (1,550,000) dec 1,242,384 inc (253,654) dec 761,270 inc Con 2009 Annual Matri Location Plan Action Plan 2013 Amended x or Census 2009 Year CPS Activity Name Budget Budget Projects Funded Code Tract Rehab assistance for SF 35 -70505 2009 89 AcquisioonlPehabNR5A- BBB funds moved toCHDO[in 377,444 EN Owners lRurchasersin the Mid- CityTdRSA 13 32.02 Ow ner Occupied Rehab TargetlAHCIS0- 35 -70500 2009 96 Owner Occupied Rehab 1.250,161 136,023 EN SO Programs 14A City -:side 35 -70501 2009 93 Program Delivery I Admin 508,188 50$_187 AD Program delivery I admin costs 14H NA St John Townhomes (Partial Funding), Block by Block ARR Program (Partial CT 25.02. 31, 35 -70502 2009 100 CHDOAotivities 762,281 1,662,217 CR Funding) 32.02 35 -70503 2003 101 CHDOCperating 254.094 - CO Funding lot CHDO operating expenses 13B NA - St Martin Village. Holy Family Senior Hsg, 35 -70504 2005 102 Rental Rehab or New Construction - Multi Family Rental 1,929,708 2,775.448 EN Walden Park Senior Hsg 148 CT 40.01, 2009 TOTAL ALLOCATION 2009 5,081,876 - 5,081.875 2003 Note AAP # CPS 102 includes $225,000 for Program Income (total $2,154,7081 2010 Annual Action Plan 2013 Amended 2010 Budget Budget 36-705G2 2010 99 HomeownerlHomebuyer Rehab NR5A - BBB now in CHO( 100,000 EN Dow n Payment and Closing Cost Asst 13 City -wide Owner Occupied Rehab TargetlAHC150- 36-70500 2010 104 Owner Ocaupiecl Rehab 1,650,600 EN 50 Programs 14A City-wide 36 -70501 2010 103 Program Delivery T Admin 507,308 507,308 AD Program delivery I admin costs 14H NA St. John Tow nhomes (Partial Fundingl. Block by Block ARR Program (Partial 13, CT 25.02.31, 36 -70503 2010 105 CHOO Activities 760,983 2,003,347 CR Funding), other projects pending approval 146 32.02 36 -70504 2010 106 CHDO Operating 253,654 - CO Funding for CHDOoperatingexpenses 19B NA Riverside Specials Needs Housing, Mariner Tow nhouses, PUSH Massachusetts Ave New Construction 13, 36 -70505 2010 107 Rentat Rehab or New Construction - Multi Family Rental 1,801,162 2,562,432 EN Rental, other projects pending review and 14B C7 57, 71-01 2010 TOTAL ALLOCATION 2010 5,073,087 - 5,073,087 s 2010 Note AAP # CPS 103 and 107 includes $25,000 and $225,000 from Program income (totals $532,31t9 and $2,026,1162, dG;otively) (275,161) dec (777,817) dec (287,538) dec (228.746) dec 1,569,122 inc (177,444) dec (1,114,138) dec 899,936 inc (254,034) dec 845,740 inc (100,000) dec (1,550,000) dec 1,242,384 inc (253,654) dec 761,270 inc ..�.�.cnr rnnTFrt PI AN HOME PROGRAM A14 "OMENTS - 2019 3 7-50501 21:111 93 RTOgrdm ©eIIVeTy Admin 37 -70500 2011 94 Owner Occupied Rehab 37- 10503 2011 35 CHdO Activities 37 -70504 2041 96 CHdOOpeTating 37 -70505 2011 97 Rental Rehab or New Con 150.004 Co 2011 148 TOTAL ALLOCATION ? 987.478 EN Projet:ts pending review - Totals Reflect liuD 11, 5 PR27 2011 Annual A.don Plan Budget Multi Family Rental 1,456.077 671.436 223,831 1,677'570 4,476,63$ toFeHectthe genres ° Regnrt hated March $, 2473 2413 Amended Budget 447,664 AO Program deliver t admin costs Y 14H NA " Omer Occupied Rehab TatgetIAHCl50 14A Gity -wide 11,156,0771 dec 3{)0.000 EN So programs St. John Tow n h ome s, Filimore Ave RehablResale ptoiect, FLARE 3 13, CT 16.25.0 - 671,466 CR RehabSesale Proiect 1 15B 31.40.01 NA (73,6311 dec 150.004 Co Funding for CHDO operating empenses a pproval and app 148 CT 40.01, 1,229,908 Inc ? 987.478 EN Projet:ts pending review - - 4,4 d amount of $ # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: May 7, 2013 FROM: DEPARTMENT: Strategic Planning DIVISION: Real Estate SUBJECT: Utility Easement Agreement Niagara Mohawk (a.k.a. National Grid) for use of City Owned Property Located 854 Ellicott Parking Garage Ellicott District The Department of Public Works, Parks & Streets has forwarded the attached proposed easement agreement from National Grid to this office to process accordingly. The power source to the city owned parking garage located at 854 Ellicott needs to be relocated due to all the construction currently going on in the Medical Corridor. National Grid is requesting to install the power source for 854 Ellicott directly on the city owned property. Attached is the proposed easement, diagram of the area, legal description, along with a Utility Rider for Your Honorable Body's approval. There is urgency to National Grid obtaining the attached easement. Therefore, I am recommending that Your Honorable Body approve the attached easement agreement on condition that the Land Use Planning Committee, the Board of Parking and the Corporation Counsel's Office has no objections. The attached easement shall be subject to any and all changes that the City of Buffalo's Corporation Counsel's Office deems necessary. I am also recommending that Your Honorable Body authorize the Mayor to execute said easement. DEPARTMENT HEAD NAME: Christie R. Nelson TITLE: SIGNATURE OF DEPARTMENT HEAD CRN:plg C:Ileaselc 854 Ellicott Nimo Easement Director eal Estate Offic f St tegic Planni REFS TO THE COMMITTEE COMMUNVfY DEVELOPMENT. L� a' w3 GRANT OF EASE]VIEl*1'P CITY OF BUFFALO, a domestic municipal corporation, with offices at 512 City Hall, Buffalo, New York. 14202 (hereinafter referred to as "Grantor "), for consideration of One Dollar ($1..04), and other valuable considerations paid, the receipt and sufficiency of which are hereby acknowledged under seal, hereby grants to NIAGARA MOHAWK POWER CORPORATION, a New York corporation, having an address at 300 Erie Boulevard West, Syracuse, New York 13202 (hereinafter referred to as "Grantee "), for Grantee and its lessees, licensees, successors, and assigns, the perpetual right and easement as described in Section 1 below (the "Easement! ') in, under, through, over, across, and upon the Grantor's land, as described in Section 2 below (the "Grantor's Land") Section 1 — Deserlvtion of the Easement The "Easement! ' granted by the Grantor to the Grantee consists of a perpetual easement and right -of -way, with the right, privilege, and authority to: a. Construct, reconstruct, relocate, extend, repair, maintain, operate, inspect, patrol, and, at its pleasure, abandon or remove underground electric facilities including a line or lines of wires or cables (either direct - buried or installed in underground conduits), handholes, manholes, conduit, vaults, junction boxes, pad -mount transformers, housings, connectors, switches and switching equipment, pipes, pedestals, closures, ducts and duct work, markers, cables, connections to overhead and underground wires, insulators, transformers, braces, fittings, foundations, anchors, lateral service lines, communications facilities, and other fixtures and appurtenances (collectively, the "Facilities "), which the Grantee shall require now and from time to time, for the transmission and distribution of high and low voltage electric current and for the transmission of intelligence and communication purposes, by any means, whether now existing or hereafter devised, for public or private use, in, upon, over, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area "), and the highways abutting or running through the Grantor's Land, and to renew, replace, add to, and otherwise change the Facilities and each and every part thereof and the location thereof within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing service to the Grantor and others; b. From time to time, without further payment therefor, clear and keep cleared, by physical, chemical, or other means; the Easement Area of any and all trees, vegetation, roots, aboveground or helowground structures, improvements, or other obstructions and trim and/or remove other trees, roots and vegetation adjacent to the Easement Area that, in the opinion of the Grantee, may interfere with the construction, operation, and maintenance of the Facilities. The first clearing may be for less than the U1 width and may be widened from time to time to the full width; C. Excavate or change the grade of the Grantor's Land as is reasonable, necessary, and proper for any and all purposes described in this Section 1; provided, however, that the Grantee will, upon completion of its work, backfill and restore any excavated areas to reasonably the same condition as existed prior to such excavation; and d. Pass and repass along the Easement Area to and from the adjoining lands and pass and repass over, across, and upon the Grantor's Land to and from the Easement Area, and construct, reconstruct, relocate, use, and maintain such footbridges, causeways, and ways of access, if any, thereon, as is reasonable and necessary in order to exercise to the fullest extent the Easement, together with the terms and conditions set forth in the Utility Easement Rider attached hereto and made a part hereof Section 2 —Description of Grantor's Land. The "Grantor's Land" is described in a certain Deed recorded in the Erie County Clerk's Office in Liber 7825 of Deeds at Page 511 and on November 10, 1970 in Libor 7743 of Deeds at Page 579, and consists of land described as being part of Tax Parcel No. 100.71 -5 -2.11 of the City of Buffalo, County of Erie and State of New York, and part of Lot No. 29, Township 11, Range 8 of the Holland Land Company's Survey, commonly known as 854 Ellicott Street. i Section Location of the Easement Area The "Easement Area" shall consist of a 1,057 square foot (0.024 acre) portion of the Grantor's Land labeled "Utility Easement" and is shown upon a certain sketch entitled "PROPOSED UTILITY EASEMENT" which sketch is designated as B bi "A" and which is further described in Schedule "A ", both of which are attached hereto and recorded herewith, copies of which are in the possession of the Grantor and the Grantee. The final and definitive location(s) of the Easement Area shall become established by and upon the fuml installation and erection of the Facilities by the Grantee in substantial compliance with Exhibit "A" hereto. Section 4 — Facilities ftners It is agreed that the Facilities shall remain the property of the Grantee, its successors and assigns. Section 5 —General Provisions. The Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Grantee that no act will be permitted within the Easement Area which is inconsistent 854 Ellicott easement.doe q� with the Easement hereby granted; no buildings or structures, or replacements thereof or additions thereto, swimming pools, or obstructions will be erected or constructed above or below grade within the Easement Area; no trees shall be grown, cultivated, or harvested, and no excavating, mining, or blasting shall be undertaken within the Easement Area with the prior written consent of the Grantee, it being the intent that the Easement herein conveyed is intended to prohibit the longitudinal or parallel use or occupancy of said Easement Area by surface or subsurface activities or structures which Haight damage or interfere with the facilities; the Easement shall not be modified nor the Easement Area relocated by the Grantor without the Grantee's prior written consent; the present grade or ground level of the Easement Area will not be changed by excavation or filling; the Grantee shall quietly enjoy the Grantor's Land; and the Grantor will forever warrant title to the Grantor's Land. The Grantee, its successors and assigns, are hereby expressly given and granted the right to assign this Easement, or any part thereof, or interest therein, and the same shall be divisible between or among two or more owners, as to any right or rights created hereunder, so that each assignee or owner shall have the full right, privilege, and authority herein granted, to be, owned and enjoyed either in common or severally. This Grant of Easement shall at all times be deemed to be and shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Grant of Easement, IN WITNESS WHEREOF, the Grantor has duly executed this Grant of Easement under seal this day of , 2013. CITY OF BUFFALO By: Title: Print Name: STATE OF NEW YORK SS: COUNTY OF ERIE On this day of , in the year 2013, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and admowledged to me that he /she/they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public , WR 14427587i PR OPOSED UTILITY N EASEMENT. FOR 854 ELLICOTT STREET W<# )p a S EXHIBIT -ZAN ' mP GRASS - A. .Jy _JY T T T SAP) -- SAW SAN -- SAN SA�t w -- w -7r- 'I -- " (4,9.5' WIDE) S T NOR-1 L L W ---- w STREET- CONC CURB --* ow — v w 0 0 f r 97 Aw 0.084 1w 1 Ea GRASS C 8 UT f 1" V; 1 11 , .1 1 i i T F I -A! Q) 0 C 1 f C� q I r GRASS Imo, T PB uj LANDS OF C-) CITY OF BUFFALO 100,71-52.11 2s 0 UT f 1" V; 1 11 , .1 1 i i T F I -A! Q) 0 C 1 f C� q I r M in , Schedule A Utility Easement FoM f A S'S 0 C I A T E S► * I ALL THAT TRACT OR PARCEL OF LAND situate in the'City of Buffalo, County of Erie and State of New York, being part of Lot 29, Township 11, Range 8 of the Holland Land Company's Survey, and being an easement for utilities, as shown on a map entitled "Proposed Utility Easement" prepared by Foit- Albert Associates Architecture, Engineering and Surveying, P.C., Buffalo, NY, dated March 21, 2013, and being more particularly bounded and described as follows: COMMENCING at the intersection of the west line of Ellicott Street (66 feet wide) and the south line of East North Street (66 feet wide); thence westerly along the said south line of- East North Street, a distance of 37.27 feet to the POINT OF BEGINNING; thence southeriy'at an interior angle of 89" 59' 27 ", a distance of 25.70 feet to a point; thence easterly at an exterior angle of 90° 00' 00, a distance of 5.00 feet to a point; thence southerly at an interior angle of 90 00' 00 ", a distance of 40.00 feet to a point; thence westerly at an interior angle of g0° 00' 00 ", a distance of 2 0.00 feet to a point; thence northerly at an interior angle of 90° 00' 00 ", a distance of 40.00 feet thence easterly at an interior angle of 90° 00' 00 ", a distance of 5.00 feet to a point; thence northerly at an exterior angle of 90° 00' 00, a distance of 25.70 feet to the said south line of East North Street; i 7 thence easterly along the said south line of East North Street, a distance of 10.00 feet to the point or place of beginning, containing 1,057 square fleet or 0.024 acre of land more or less. ALBANY BUPPALO NYC WA7EE7TOWN 763 Main Street Buffalo, NeW York 14203 N 716.8563933 f 716,856,3961 d) www.foit-albert,corn Archilec tore. Engineering. SLSr eyhng. UTILITY EASEMENT RIDER The provisions in this Rider are an integral part of the easement instrument ( "Easement ") to which it is attached, and supersede any conflicting provision in the Easement if such conflict exists. "Owner" means the grantor of the easement rights and any future owner of the property. "Grantee" means the grantee of the easement rights and any person attempting to exercise such rights. 1. This is a non - exclusive easement. 2. All construction, installation, operation, maintenance, repairs, replacement or removal by Grantee shall be at no cost to the Owner. 3. All improvements, fixtures and equipment in the easement area shall be installed to the satisfaction of Grantor. The objective of the Easement is to install above ground electric facilities as shown on Exhibit A and further described in Schedule A with any necessary below ground facilities both of which are attached hereto and made a part hereof. 4. If the surface of the easement area or of Owner's property or if any improvements thereon are disturbed by Grantee's activities at any time, the surface and improvements shall be promptly restored by Grantee and to good condition. 5. Owner and its successors or assigns shall have the right to use the land within the easement in any manner which does not interfere with the rights of the Grantee; including without limitation, the right to pave the land and use the same as a parking lot or roadway and the right to install, maintain, replace, repair, remove and operate utility lines, such as sanitary sewers, storm sewers and gas lines, provided, no building or structure shall be erected or permitted on the easement without Grantee's consent which consent Grantee agrees not to unreasonably withhold or delay. 6. Grantor hereby reserves the right to relocate from time to time all or any portion(s) of the Easement Area, provided the relocated Easement Area is reasonably adequate for Grantee's purposes as aforesaid, and provided that, if such relocation of all or a portion of the Easement Area necessitates, in Grantee's sole discretion, the relocation of any facilities of Grantee located within the Easement Area, that Grantee relocates such facilities at Grantor's cost and expense. In such event, Grantor and Grantee shall execute, deliver and record an instrument in recordable form evidencing and describing such relocation of the Easement Area. a FROM THE COMPTROLLER May 14, 2013 COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council DATE: May 9, 2013 FROM: The Department of Audit & Control SUBJECT: 2013 -2014 Budget Response Pursuant to § 20 -7 of the Buffalo City Charter, attached herewith is the Comptroller's assessment of the accuracy of the revenue and expenditure estimates of the 2013-2014 budget and the 2013- 2017 four -year financial plan. DEPARTMENT HEAD: Mark J. F. Schroeder TITLE: Comptroller SIGNATURE: REFERRED 'SO, T COMMITTEE OF THE WHOLE N, UITY OF BUFFALO BUDGET ]RESPONSE 2013 -2014 FISCAL YEAR 2013 -2017 FOUR YEAR FINANCIAL PLAN MARK J.F. SCHROEDER COMPTROLLER ANNE FORTI- SCIARRINO FIRST DEPUTY COMPTROLLER MAY 9, 2013 DEPARTMENT OF AUDIT & CONTROL Charter of the City of Buffalo § 20 -7 Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. [Amended 10 -2 -2012 by L.L. No. 1 -2012, effective 10 -2 -20121 "on or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget and the four-year financial plan the mayor submits to the council. The comptroller shall opine on the sufficiency of the financial plan and whether it contains sufficient data to support the outcomes projected. " Introduction Pursuant to the City Charter, and the Comptroller's role as the City's chief fiscal officer, I hereby submit this response to the Mayor's recommended budget for the Fiscal Year 2013 -2014, as well as the 2013 -2017 Four -Year Financial Plan. The City of Buffalo is currently in strong financial condition, as evident in our bond ratings with the "Big 3" credit rating agencies, including an A+ from Fitch Ratings, an Al from Moody's Investor Services, and an A from Standard & Poor's. These ratings, which reflect the City's healthy cash position and recent economic progress, have allowed the Comptroller's office to refinance debt for the City and its school district at lower interest rates. Since April 2012, this effort has yielded savings of more than $62 million by reducing interest payments on our debt. Reducing the City's debt burden has had a positive impact on fiscal health and our bottom line. So have conservative budgeting practices, setting money aside for emergencies in the Emergency Stabilization, or "Rainy Day," fund, and annually accruing funds for unsettled union contracts. However, decreasing revenues and rising pension and health care costs have made the task of balancing the budget especially difficult. Some of the practices used to close budget gaps could weaken the City's finances and jeopardize its bond rating, especially when relied upon year after year. The most concerning of these practices is the use of fund balance and other one -time revenues, as opposed to finding new recurring sources of revenue to meet the burden of increasing expenditures. Fund Balance The mayor's recommended budget uses $12 million in unassigned fund balance to close the budget gap in fiscal year 2013 -2014. It will be the fourth consecutive year that reserves will be utilized to balance the budget. In fiscal year 2010 -2011, $12.8 million was used to balance the budget, $16.3 was used in fiscal year 2011 -2012, and if the administration's estimate of a $5 million surplus in fiscal year 2012- 2013 is accurate, $10.6 million in fund balance will be needed in the current fiscal year. The total fund balance used for all four fiscal years, assuming all estimates are accurate, would be $51.7 million, which equates to an average of $12.9 million per year. 3 5� The "Big Three" Credit rating agencies — Fitch Ratings, Moody's and S &P — have repeatedly warned the City about relying on reserves to close budget gaps, especially if the practice becomes a trend. FitchRatings "The ability of the city to meet its goals of reducing its reliance upon budgeted reserves and restore structural budgetary balance will be important credit considerations " — Rating report, April 1, 2013 MOODY'S "What could make the rating go down: Continued use of reserves beyond what's currently expected. Rating report, April 1, 2013 STA NDARD &I'O OR'S "The ongoing use of reserves and one -time revenues for recurring expenditures could pose significant challenges to future budgets." — Rating report, April 1, 2013 The rating agencies have made it clear that continued use of reserves could jeopardize the City's ratings. A potential downgrade by any of the three rating agencies would result in increased interest costs for the City, making it more expensive to borrow funds. The rating agencies, however, are not the only organizations monitoring the City's use of fund balance. In January 2013, the Office of the New York State Comptroller implemented the Fiscal Stress Monitoring System, a tool designed to clearly identify those local governments that are moving towards, or are already in, fiscal stress. Buffalo has not yet received its grade, and a significant factor used by the state comptroller in determining fiscal stress is fund balance. 4 "The level of a local government's year end fund balance can affect its ability to deal with revenue shortfalls and expenditure overruns. A negative or low level of fund balance can affect the local government's ability to provide services at current levels. " - Office of the New York State Comptroller, January 2013 While the total fund balance as of the close of last fiscal year is $113 million, the only portion that can be used to balance the budget is the unassigned fund balance, which only has $12.2 million. After the use of $12 million to close the budget gap, and an estimated replenishment of $8.2 million from other sources, the unassigned fund balance will have approximately $8.4 million at the close of the current fiscal year, $4.5 million less than the 4 -year average used to balance the budget. In addition to the use of $12 million from the City's general fund balance, the 2013 -2014 budget transfers $4.4 million in reserves from the parking enterprise fund. Monies in the parking fund balance were set aside for long -term capital improvements to parking ramps, not to fix the City's operating budget shortfalls. One -Time Revenues As Standard & Poor's noted in the aforementioned quote from its rating report, the use of other one -time revenues for recurring expenditures is also a major concern. The 2013 -2014 budget includes the use of $12 million in state aid currently held by the Buffalo Fiscal Stability Authority. Including this appropriation, the City will have used $41.5 million of the $41.7 million in these funds since 2008, eliminating it as a resource in future years. Another one -time revenue is the use of $4.2 million in proceeds from the Foreign Fire Insurance Tax, representing five years' worth of payments that were being set aside pending ongoing litigation. This is not a recurring revenue source, as it will only generate approximately $300,000 annually in the future. The budget also includes a $9.6 million transfer from the parking enterprise fund, including the $4.4 million in fund balance previously mentioned, as well as a $5.2 million in revenue from an operating surplus. This will be the third consecutive year surplus revenue from the parking fund has been "swept" into to the general fund to subsidize other operations. 5 Solid Waste Enterprise Fund One of the operations the general fund continues to subsidize is the solid waste enterprise fund. As of June 30, 2012, the solid waste enterprise fund had an accumulated deficit of $22.8 million. This deficit increased $2.5 million over the previous year, in spite of a $3.4 million transfer from the operating fund. Without this transfer the loss from operations was $5.9 million, which represents 28% of the revenues brought in. Rather than appropriately spreading the costs over all the entities benefiting from this service, property taxpayers are bearing a higher proportion of the cost of this fund. Enterprise fund accounting is designed to highlight the extent to which fees and charges are sufficient to cover the cost of providing goods and services. Clearly the current revenue streams generated from the solid waste fund are not sufficient to cover the fund's current expenses. The contract for solid waste removal is expiring in two years. The current contract includes a fuel surcharge for moving waste to a landfill. This surcharge has increased significantly over recent years, which has resulted in increased expenses to the solid waste fund. The cost of transporting our solid waste has increased at a much greater rate than simply the percentage increase in gasoline prices. To be specific, at inception of this contract July 1, 2005 the applicable price per gallon of diesel fuel was $2.11, which translated to a fuel surcharge of $1.09 per ton of solid waste. The current price per gallon of diesel fuel is $3.97, which translates to a fuel surcharge of $13.19. This means that while gas prices have increased 88% over the past eight years, the fuel surcharge has gone up more than 1300 % during that same time period. 5� Financially, this dramatic increase means that in 2005, the surcharge the City paid for transporting 138,000 tons of solid waste was $150,420, but now the City is paying more than $1.8 million for the same service. The City should be mindful of potential other options for transportation costs to save expenses in the future contract. Four -Year Plan Included in the Comptroller's Budget Response last year was draft language for the Buffalo Fiscal Integrity Act, a plan to amend Article 20 of the City Charter to require a four -year financial plan. After being introduced by Council President Richard Fontana, the measure was unanimously passed by the Common Council on October 2, 2012, and signed into law by Mayor Byron Brown on October 22, 2012. This is the first four -year plan submitted under the new law, which requires the Comptroller to opine on the sufficiency of the four -year plan. Overall, the estimates of revenues and expenditures of the four -year plan do not appear to be unreasonable. However, there are some concerns that could become significant challenges down the road when considering that assumptions become more unreliable the farther out they are projected. 7 Many of the one -time revenues that the City has relied upon in the 2013 -2014 budget — including fund balance, state aid held by the Buffalo Fiscal Stability Authority, parking funds, and Foreign Fire Insurance Tax receipts — will not be available to the same extent in the future. While the City has not budgeted for its share of revenue from the Buffalo Creek Casino in past years, using $14 million in casino revenue, which the City has not received since 2010, in the four -year plan is risky considering the uncertainty surrounding the issue. More than a third of the City's revenue comes in the form of aid from New York State, a source of income that we have little control over. In order to bring more security and stability to the City's finances, it is imperative other recurring sources of revenue are identified and pursued. #1 (Rev. 193) COMMUNICATION TO THE COMMON COUNCIL TO: The Common Council FROM: DEPARTMENT: DIVISION: SUBJECT: DATE: May 9, 2013 Audit and Control Comptroller [: Capital Bond Accounts - Closeout C� PRIOR COUNCIL REFERENECE: (IF ANY) [: TEXT: The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds Local Finance Law — Section 165.00) The following accounts listed on the attachment have either... 1) Balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Unencumbered Account #: Account Name Balance Total Various, Various, See attached listing See attached listing $1,262,596.03 DEPARTMENT HEAD NAME TITLE SIGNATURE OF DEPARTMENT HEAD RECEIVED AND FILED Mark J.F. Schroeder Comptroller I • F 3004 99 -00 12 34310306 LOVEJY BLDG(SEN /BABCK CC)98 -99 3006 01 -02 10 36320506 HANDICAP ACCESS IMPRV 00 -01 SV 3008 04 -05 8 30080008 CAPITAL PROJ BD SALE 04 -05 0TH 3009 05 -06 7 30090008 CAPITAL PROJ BD SALE 05 -06 0TH 3009 05.06 7 39310506 MONUMENT RESTR 02 SV 3009 05 -06 7 39320206 IMPR HISTORICAL SOCIETY 06 SV 3010 06 -07 6 30100008 CAPITAL PROJ BD SALE 06 -07 OTH 3010 06 -07 6 30311306 SYCAMORE VILLG INFR 07 SV 3010 06 -07 6 30311406 IMPROV C/W PARKS 07 SV 3010 06 -07 6 30320206 BAILEY /KENS FIRE STN 07 SV 3010 06 -07 6 30321006 NW CC AIR CON 07 SV 3010 06 -07 6 30500106 VEHICLE PURCH PW 07 SV 3011 07 -08 5 31310206 C/W INFRAST REP &REP 07 SV 3011 07 -08 5 31310606 EMERG BRIDGE REPR 08 SV 3012 08 -09 4 32310806 MIDDLESEX AVE RECON 09 SV 3012 08 -09 4 32321006 GENESEE- MOSELLE CC IMP 09 SV 3012 08 -09 4 32400306 LASALLE PK SHELTR HS 09 SV 3012 08 -09 4 32400606 RIVRSD PK LIGHT &FLD IMP 09 SV 3013 09 -10 3 33310506 CHATHAM MEDIAN IMP l0SV 3013 09 -10 3 33311406 ZOO PRKING LOT /PTHWY IMP 10 SV 3013 09 -10 3 33320406 CAZ PRK CASINO HVAC 10 SV 3013 09 -10 3 33321406 RIVERSIDE BR LIBRARY IMP 10 SV 3013 09 -10 3 33400206 NEVILLY CRT PLAN /DESIGN 10 SV 3013 09 -10 3 33650106 DEMOLITIONS 10 SV 3014 10 -11 2 34322906 CITY COURT RECOSTRUCT 11 SV 3014 10 -11 2 34324306 POLICE HDQR RENOVATIONS SV 11 3014 10 -11 2 34400306 PARKS & REC VEH & EQUIP ACQ 11 SV 3015 11 -12 2 35326006 MUSEUM SCI HEAT PUMP 11 -12 Revised AvaLLabLe Budget Budget Code 300,000.00 32,714.18 1,2,3,4 250,000-00 13,550.00 1, 2,3,4 45,838.38 838.38 1,2 50,872.45 382.38 1,2 250,000.00 32,431.00 1,2,3,4 150,000.00 7,530.00 1,2,3,4 70,954.62 190.70 1,2 2,016,799.00 698,317.15 1,2,3,4 1,236,636.57 46.00 1,2 266,669.83 7,157.87 1,2,3,4 160,001.90 363.88 1,2 584,229.26 464.06 1,2 626,628.78 8,368.80 1,2,3 542,777.30 12,023.43 1,2, 3,4 232,334.66 171.94 1,2 216,172.25 207,530.98 5 32,324.83 2,736.42 1,2,3,4 53,537.99 2,776.56 1,2,3,4 261,995.20 52,679.32 1,2,3 435,335.84 27,367.60 1,2,3 165,870.77 21,499.73 1,2,3 22,901.53 309.69 1,2 129,871.13 126,007.51 1,2 2,103,096.63 657.00 1,2 350,111.97 683.79 1,2 207,003.70 1,905.82 1,2,3 547,049.96 3,266.26 1,2 46,405.63 625.58 1,2,3 11,3 55,420.18 1,262,596.03 Certificate of Necessit 000. 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 scam of $ 5,600.00 be transferred and reappropriated as set forth below: From: 10102001- 412002 Hourly $ 3,643.50 10110004- 458001 Transportation.Councilmember Franczyk $ 545.00 10110004-458002 Meals and Lodging Councilmember Franczyk $ 1,361.50 10110004- 458003 Registration Fees Councilmember Franczyk $ 50.00 To: 10220006- 434000 Other Contractual Services $ 5,600.00 B RON W. BROWN MAYOR IT MARK J. F. SCHROEDER COMPTROLLER 1 ED ZI i. (i l. FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION May 14, 2013 93 (Rev 1 -02) �f AMENDED 0 C 0 z " Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule W' have been certified or approved by the human Resources /Civil Service for the Appointment Effective: April 29, 2013 in the Department of ASSESSMENT AND TAXATION Division of to the Position of SENIOR ASSESSOR Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) SECOND STEP Enter Starting Salary) : Starting Salary of: $55,597 LAST JOB TITLE Assessor NAME Mary C. Jackson LAST DEPARTMENT Assessment/Taxation DATE 3128188 ADDRESS 80 Knox Avenue LAST SALARY $55,313 CITY & Zip Buffalo, New York 14216 LAST 4 DIGITS OF SSN. XXX -XX -0514 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 10647001 TITLE CODE NO 0660 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2012 -177 SALARY RANGE OF POSITION $51,396 - $59,811 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Ms.Jackson is at Step 3 (Tier 3 employee) in current position; pursuant to Local 650/City of Buffalo Bargaining Agreement, new salary. must exceed old salary at by least $250 which. places her at Step 2 (Tier 3); also, she has been performing the duties of Supervising Assessor since retirement of the incumbent NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Martin F. Kennedy Commissi April 29, 2013 ORIGINAL + 3 COPIES TO: CITY CLERK (ON/BEFORE APPOINTMENT DATE) �1 OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICES/CIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 - , EMPLOYEE(S) � #3 (Rev 1 -02) } Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule 'W' have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: April 29, 2013 in the Department of ASSESSMENT AND TAXATION Division of to the Position of SUPERVISING ASSESSOR Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FOURTH STEP jEnter Starting Salary) : Starting Salary Of $60,796 LAST JOB TITLE Assessor NAME Brian A. Sullivan LAST DEPARTMENT Assessment/Taxation DATE 11/10108 CITY A Z P 168 Lafayette Ne ork 14213 LAST SALARY $55,313 LAST 4 DIGITS OF SSN. XXX -XX -4432 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 10647001 TITLE CODE NO 0669 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -179 SALARY RANGE OF POSITION $53,686 - $63,211 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: Mr. Sullivan is at Step 5 in current position; pursuant to Local 6501City of Bufalo Bargaining Agreement, new appointment salary must exceed old salary at by least $250; also, he has been performing the duties of Supervising Assessor since retirement of the incumbent NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Martin F. Kennel Commissioner April 29, 2013 OTHER COPIES TO. #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET 1 ^ ! #8-DEPARTMENT _ #9- DIVISION #10- EIIAPLOYEE(S� �J FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS May J4,2013 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 14 PASSED May 14, 2013 Change in Contract-Police Headquarters Garage Emergency Desk Repl(Ell) Gerald A Chwalinski City Clerk � A P �� �` T MAY 2 2013 n :� W8 H AN clot #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 1, 2013 ij FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings p a SUBJECT: [: Change in Contract [: Police Headquarters Garage [: Emergency Deck Replacement [: Job #1285 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT: I hereby submit to Your Honorable Body the following changes for Police Headquarters Garage, Emergency Deck Replacement, Nichter Construction Inc., C #93001106. 1. Furnish and install an additional 300 SF of Dexotex at the parking ramp deck. Add $ 4,200.00 The foregoing changes result in a net increase in the contract of Four Thousand Two Hundred and 001100 Dollars ($4,200.00). Summary: Original Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $27,100.00 $ 4,200.00 $31,300.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323506 445100 -Buildings. SJS /PJM /PS /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter Merlo, P.E. Title: City Engineer For: Commissioner o Pubi' Works, Parks & Streets Signature of Department Head: ' Change in Contract — Police Headquarters Garage Emergency Deck Replacement (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated May 1, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $4,200.00 (Original Contract Amount $27,100.00 + Change Order #1 $4,200.00 for a Revised Contract Amount of $31,300.00) for Police Headquarters Garage, Emergency Deck Replacement, to Nichter Construction, Inc., C #93001106. Funds for this work are available in Account #35323506 445100 —Buildings. PASSED \ C:\ Usersl lrucinskilAppDatal LocallMicrosoft%Windows\Temporary Intemet FilesNContent.Outlook10302QV W6\Chsnge in Contract - Buildings -Police HQ deck replacement.doc * AT.E * NOO FONTANA FIIMCZU GOLOMEK # LOCURTO PMGEN RUS RI, SCAPWN 314- d' �F City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 15 PASSED May t4,2013 Change in Contract-Citywide Sidewalk Inspection Consulting Services Gerald A Chwalinski City Clerk T R U MAY 28ZU13 D 0- #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May S 2013 FROM: DEPARTMENT: Public Works, Parks & Streets ' C Q� I_ns DIVISION: Engineering SUBJECT: PRIOR COUNCIL REFERENCE: (IF ANY) [: Change in Contract [: Urban Engineers of New York, P.C. [: City -Wide Sidewalk Inspection Consulting [: Services Contracct #93000909 I� I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue infrastructure inspections for the 2013 construction season with the newly available capital bond funds in accordance with the consultant agreement. Existing Contract Amount Increase in Contract Total Contract to Date $239,428.00 $140.000.00 $379,428.00 Funds are available in Capital Projects Account # 35311506-445 1 00 and/or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Urban Engineers of New York, P.C. PJM:SJS:MJF:Ilf cc: Bill Heinhold TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E. TYPE TITLE: City Engineer SIGNATURE OF DEPARTMENT HEAD: f y �� / Change in Contract — City -Wide Sidewalk Inspection Consulting Services (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated May 8, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $140,000.00 (Original Contract Amount $239,428.00 + Change Order #1 $140,000.00 for a Revised Contract Amount of $379,428.00) for City -wide Sidewalk Inspection Consulting Services, to Urban Engineers of New York, P.C. C 493000909. Funds for this project are available in Capital Projects Account #35311506- 445100 and/or another account to be named at a future date. W.'"R l C:% UserslIrncinskilA ppDntnUcal \Mcrosofl\WindowslTemporaty Intemet ViteslContent.Outiouk10X32Q V W6 \Change in Contract- Buildings- sidewalk inspection.doc �� *AYE *NO FO&ANA COLON MEK LOMTO PRIDGEN Rrvm SCAMON ROE 20 - 6 3/4- 1 * • City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 16 PASSED May 14, 2013 Permission to Engage Services-Consulting Engineer-New Water Storage Tank Gerald A Chwalinski City Clerk MAY 2 $1013 'C� ;C iqd 8� aw E101 1 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 8, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets 0��__ DIVISION: WATER SUBJECT: [: Permission to engage services of Consulting Engineer [: Team of Conestoga - Rovers & Associates and [: Nussbaumer & Clarke, Inc. engineering services for a [: New Water Storage Tank and separate pressure zone PRIOR COUNCIL REFERENCE: (IF ANY) D 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 enter into separate contracts with Conestoga - Rovers & Associates (CRA) and Nussbaumer & Clarke, Inc. for study, hydraulic water system modeling, design, bid, and construction phase services for a new Water Storage Tank for the City of Buffalo Water Distribution System and a separate pressure zone. The Water Storage Tank is required to replace an existing open air tower located on Kensington Avenue that also lacks sufficient storage capacity. The NYS Department of Health is requiring the City to remove this out dated open air tower and replace it with a new closed tank that meets current American Water Works Association (AWWA) standards. This tank is vital to provide continuous reliable water service and pressure to the service area surrounding the Erie County Medical Center campus and the separate pressure zone will further improve and stabilize pressures in the area. CRA's contract will include the study, design, and construction phase services for the new tank. Nussbaumer & Clarke's contract will include study (including the tank sizing and location), hydraulic modeling, design, and construction phase services for the new pressure zone and other water distribution system improvements to maximize level of service. The funds are available in a Division of Water account(s) 53230806 445100, an account(s) to be named at a later date. The consultant team was chosen through the Request for Qualifications (RFQ) process. PJM:cmg TYPE DEPARTMENT HEAD NAME: Peter J. Merlo, P.E., City Engineer FOR TYPE TITLE: Steven J. Stepniak, Commissioner of Public Works, Parks & Streets SIGNATURE OF DEPARTMENT HEAD: ��j /?3 Permission to Engage in Services — New Water Storage Tank (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 8, 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 separate contracts with Conestoga - Rovers & Associates (CRA) and Nussbaumer & Clarke, Inc. for study, hydraulic water system modeling, design, bid, and construction phase services for a new water storage tank for the City of Buffalo Water Distribution System and a separate pressure zone. CRA's contract will include the study, design and construction phase services for the new tank. Nussbaumer & Clarke's contract will include study (including the tank sizing and location), hydraulic modeling, design and construction phase services for the new pressure zone and other water distribution system improvements. The consultant team was chosen through a Request for Qualifications (RFQ) process. The fiends are available in Division of Water account(s) 53230806 445100, and an account(s) to be named at a later date. PASSED \If c . luS \it .,,4alAppl7atall,omi U+ mft\wiadory Temporarylntemet Fdl sSCantent.Outlool<1 X32QVWdSFP rms On to Eapge Semi waterstamge tenkd= 14 * AYE *NO* F+ PUMA * 19UNCZ'Y.IC GOLOrMEK LOTTO PRIDGM RUS $CALPWN Zl3 - G N4- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 17 PASSED May 14, 2013 Permission to Enter into Agmts - Design, Construction and Inspection- Bridge Bearing Replacement Gerald A Chwalinski City Clerk FT MAY 2..8 2013 I I :c Wd ae A VW mz 0) #1 (Rev. 1193) COUNCIL SINGLE PAGE COMMUNICATION TO THE COMMON K. TO: THE COMMON COUNCIL DATE: May 1, 2013 FROM. DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT [; PRIOR COUNCIL REFERENCE: (IF ANY) [: F i Permission to nter into Agreements for the Design, Construction and Construction Inspection for Bridge Bearing Replacement P.1. N. #5760.33 The Federal Highway Administration (FHWA) has designated $700,000.00 for the design, construction and construction inspection for bridge bearing replacement of various structures in the City of Buffalo. They include South Park Avenue over the Buffalo River and Louisiana Street over Exchange St.. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5760.33. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and the NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction and construction inspection of this project. SJS /PJM /DJP:dab. TYPE DEPARTMENT HEAD NAME: TYPE TITLE: Peter J. Merlo, P.E. City Engineer SIGNATURE OF DEPARTMENT HEAD: I� Permission to Enter into Agreement — Bridge Bearing Replacement (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 1, 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 all necessary agreements with the Federal Highway Administration (FHWA) and the New York State Department of Transportation (NYSDOT) for the design, construction and construction inspection for bridge bearing replacement of various structures in the City of Buffalo. The FHWA has designated $700,000.00 for the design, construction and construction inspection for bridge bearing replacement. Passed. C: 4Uset sllt uciusl' SpppData4 [.ucalYMlcrosnf�ytNdowal7'empomry lnlerttet Fil cslCantenLOuUooK�OJC32QVW6�Pemiiaslouto Enteriu�o Agreement -grid eB �� B Baring teplacemenGdtK:z * HE No FUMANA FRANCZYK Locuffo PRWGEN WUA Russu I, 213- 6 314- 7 ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 18 PASSED May 14, 2013 Permission to Hire Consultant City Hall Low Rise Water Booster Pumps Gerald A Chwalinski City Clerk V7�i MAY 2.8 2013 Avg! C I OZ #1. (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 8, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings 0 0 0 i SUBJECT: [: Permission to Hire Consultant [: City Hall [: Low Rise Water Booster Pumps [: Evaluation and Testing [: Ellicott District PRIOR COUNCIL REFERENCE (If Any) j: 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 Nussbaumer & Clarke, Inc. as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The cost for consulting services is estimated not to exceed $35,000.00. The funds are available in O &M - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. SJSIPJMIUI /dig cc: J. Jacobs, Buildings Department Head Name: Title: Signature of Department Head: Permission to Hire Consultant — City Hall Low Rise Water Booster Pumps (Ell) (DPW) Mr. Smith moved: That the above item be, and the above cornxrrunication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 8, 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 Nussbaumer & Clarke, Inc. as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in O &M — Buildings. PASSED 11 Cl4UsemUV indi5AppDatt&Ua iMimwfl\Wimlftws57'emp ray Internet FdmkCoorenLoutimk %O=QVW61Pcrm;lion to Hve ConSdtUd Wlertoostes'"pa.do v * ATE *NO FOB+ TANA GOLOMSEK LOCURTO A � PRMGM RrVMU RUSSELL SCANLON $ 34 - 7 ,� ,� City Clerk's Department BUFFALO May 1 7, 2013 I HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 19 PASSED May 14, 2013 Permission to Increase Contract Mass Ave Park-Phase II Gerald A Chwalinski City Clerk 571 U !'-I, - . �A. P MAY 2 82013 C� :E Wd 8z A Ej 7� A #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL 0ri01q TO: THE COMMON COUNCIL DATE: May 8, 2013 FROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Parks SUBJECT: [Permission to Increase Contract [STC Construction [Massachusetts Avenue Park - Phase II [Niagara District PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. C.C.P. I hereby submit to your Honorable Body the following change for this contract. STC Construction is the contractor for reconstruction of Massachusetts Avenue Park - Phase II project. This increase is necessary for the following additional works by contractor: - Electrical Meter installation revisions requested by National Grid. Additional Fence & Brace Rails Section, as requested by People for Sustainable Housing (PUSH). - Park Signage. Replacing existing damaged Basketball equipment at the Park. - Replacing existing single bay swing units with a double bay swing units. Previously approved Contract Amount: $ 292,611.00 This Cost increase: $ 19,100.00 Total: $ 311,711-00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 19,100.00 Funds for this project are available in capital project Account # 39320506 - 445100. PJM: sag DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD: Peter J. Merlo, P.E., City Engineer Change in Contract -- Massachusetts Avenue Park — Phase II (Nia)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated May 8, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $19,100.00 (Original Contract Amount $292,611.00 + Change Order #1 $19,100.00 for a Revised Contract Amount of $311,711.00) for Massachusetts Avenue Park — Phase II project, to STC Construction. Funds for this project are available in Capital Projects Account #39320506 - 445100. PASSED C:\ UserslImcinskil AppData `Loca]1McrosoftlWindows\Temporw Intemet Filesl Content.Outlook1OX32QVW61Change in Contract -Mass Ave Phase Idoc �3 *AYE *NQ* FO&ANA * IWCZYK . GOLOAIM PPIDGEN RUSSMU SCAI"N * $ Rag 20- G 314- 7 , a City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 20 PASSED May 14, 2013 Report of Bids-Auto Impound-Third Party Inspection Asbestos Abatement Gerald A Chwalinsk City Clerk MAY 2 8 2013 Wd 80 A N " 0 � I,--! #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 29, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids { 00?, [: Auto Impound [: Third Party Inspection j: Asbestos Abatement [: Job #1288A PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I requested on April 17, 2013 and received the following bids for the Auto Impound, Third Party Inspection, Asbestos Abatement, on April 26, 2013. Stohl Environmental $750.00 4169 Allendale, Blasdell, NY Fibertech Environmental No Bid 140 North, Buffalo, NY Nature's Way No Bid 3553 Crittenden, Alden, NY SJB Services No Bid 5167 South Park, Hamburg, NY M I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Seven Hundred Fifty and 00/100 Dollars ($750.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. SJSIPJMIBMG /dig cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: __ _55� Report of Bids — Auto Impound Third -Party Inspection Asbestos Abatement (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated April 29, 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 Auto Impound, Third -Party Inspection, Asbestos Abatement, with Stohl Environmental, in the amount of $750.00. Funds for this contract are available in Account #35323106 445100. PASSED gp C:\ Usersllrucinski %AppDatalLocallMicrosnft \Windows \Temporary Internet FileslContent.Oatlook\OX32QV W6\Report of Bids -auto impound abseslos abatement.d= a * AYE * NG FONTANA IWCZYK . +GOLOMEK LolmTo PRMGEN RU98M Span mftj -5� 213- 6 314- 7 :� ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 21 PASSED May 14, 2013 Report of Bids-North Buffalo Ice Rink Modifications(Del) Gerald A Chwalinski City Clerk j MAY 282013 W -z #2 • (Rev. 1193) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL n TO. THE COMMON COUNCIL DATE: May 5, 2013 f FROM: DEPARTMENT. Public Works, Parks & Streets DIVISION: Buildings__ SUBJECT: [: Report of Bids f l [: North Buffalo Ice Rink [: Modifications [: Job #1249 [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on April 9, 2013, and received the following formal sealed bids for the North Buffalo Ice Rink, Modifications, which were publicly opened and read on April 30, 2013. General Construction S & W Contracting $815,000.00 701 Seneca, Buffalo, NY Telco Construction $879,700.00 500 Buffalo Rd, East Aurora, NY Sicoli Construction $898,800.00 4800 Hyde Park, Niagara Falls, NY Rodems Construction $909,000.00 3555 N Buffalo, Orchard Park, NY Nichter Construction $957,000.00 30 Wildwood, Lancaster, NY Electrical Work Goodwin Electric $128,000.00 201 S Youngs, Williamsville, NY South Buffalo Electric $129,162.00 1250 Broadway, Buffalo, NY Industrial Power & Lighting $131,800.00 701 Seneca, Buffalo, NY CIR Electrical $139,600.00 400 Ingham, Buffalo, NY O'Connell Electric $149,900.00 830 Phillips, Victor, NY Weydman Electric $154,400.00 747 Young, Tonawanda, NY Plumbina Work D V Brown & Associates $109,000.00 567 Vickers, Tonawanda, NY MLP Plumbing $114,900.00 3198 Union, Cheektowaga, NY Ackerman Plumbing $131,403.00 678 Sheridan, Tonawanda, NY Mollenberg Betz $166,000.00 300 Scott, Buffalo, NY P Mechanical Work t �� John W. Danforth Co. $ 92,200.00 300 Colvin Woods, Tonawanda, NY MLP Plumbing $ 92,250.00 3198 Union, Cheektowaga, NY D V Brown & Associates $101,000.00 567 Vickers, Tonawanda, NY Greater Niagara Mechanical $105,200.00 I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction S & W Contracting, with a bid of Eight Hundred Fifteen Thousand and 001100 Dollars ($815,000.00) Electrical Work Goodwin Electric, with a bid of One Hundred Twenty Eight Thousand and 001100 Dollars ($128,000.00) Plumbing Work D V Brown & Associates, with a bid of One Hundred Nine Thousand and 001100 Dollars ($109,000.00 Mechanical Work John W. Danforth Co., with a bid of Ninety Two Thousand Two Hundred and 001100 Dollars ($92,200.00) I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in 34324106- 445100, 35323106- 445100, 30083306- 445100 - Buildings, and the 2013 Bond Sale Municipal Buildings Bond. SJSIPJMIBMGIdlg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo, P.E. Title: Signature of Department Head: Report of Bids —North Buffalo Ice Rink Modifications (Del) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 5, 2013, be received and fled; 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 North Buffalo Ice Rink modifications, with S &W Contracting, in the amount of $815,000.00 for general construction; Goodwin Electric, in the amount of $128,000.00 for electrical work; D V Brown & Associates, in the amount of $109,000.00 for plumbing work; and John W. Danforth, in the amount of $92,200.00 for mechanical work. Funds for this contract are available in Accounts #34324106- 445100, 35323106- 445100, 30083306 - 445100 — Buildings, and the 2013 Bond Sale Municipal Buildings Bond. � C:\UsersMmeinski\AppDala\Lncal\Momsaft\Windows\Temporary rniemet Files\Content.Outlook\OX32QV W6\Report of Bids -N Bflo ice rink.docx _ r�o AYE NO T►0I1''OA FttANC� � . • � -�� GOLOI'MIIK WCURTO PRMGEN RUSSELL SCANIUDN X41 5 2s- 6 314- 1 * . City Clerk's Department BUFFALO May 17, 2013 NON. BYRWN W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 22 PASSED May 14', 2013 Report of Bids - Police Headquarters Floor Tile Removal(Ell) Gerald A Chwalinski City Clerk C� :C Pj 8z AM eloz. 0 "T1 i .� #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 1, 2013 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Police Headquarters [: Floor Tile Removal [: Job #1303 [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: 0 01 2" I asked for on March 19, 2013, and received the following informal bids for Police Headquarters, Floor Tile Removal in the Basement, which were publicly opened and read on April 2, 2013. Base Bid Alt. #1 Stohl Remediation Services $10,900.00 $2 4.169 Allendale, Blasdell, NY Fibertech Environmental $13,750.00 $4,450.00 940 North, Buffalo, NY Nature's Way No Bid No Bid 3553 Crittenden, Alden, NY Alternate #1 is for removal of mastic if tested positive. I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Remediation Services, with a Base Bid of $10,900.00, add Alternate #1 for $2,900.00 (if required), for a total bid price not to exceed Thirteen Thousand Eight Hundred and 001100 Dollars ($13,800.00) 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 the work on the basis of the low bid. Funds for this project are available in 34324306 445100 ($1,905.82), and 35323506 445100 ($11,894.18) - Buildings. SJSIPJMIPSIdlg cc: Comptroller's Office Contract Compliance Buildings Department Head Name: Peter J. Merlo, P.E. Title: City Engineer Signature of Department Head: vA �ry Report of Bids — Police Headquarters Floor Tile Removal (Ell) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 1, 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 Police Headquarters, Floor Tile Removal in the basement, with Stohl Rernediation Services, in the amount of $10,900.00 [Base Bid $10,900.00 + Alternate #1 for $2,900.00 (if required). Funds for this project are available in Account #34324306 445100 ($1,905.82) and Account #35323506 445100 ($11,894.18) — Buildings. PASSED P- C:1UsasUrucinskilAppData\LocaiMcrosoft\Wiiidows\TemporiLry Litemet FileslContent.Qutlook1OX32QV W6aeport of Bids- Police HQ rile removal.docx q3 * ATF * NW FONTANA FRANCS GOZOralM LOCI UO - PRED GEN PUM& $ ,� RUSSELL SCANLON 2!3- 6 314- 7 , City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 23 PASSED May 14, 2013 Report of Bids- Police Radio Annex Asbestos Abatement, Roof Repl and Reconstruction (Del) Gerald A Chwalinski City Clerk AP131 �il� .. - E MAY 2 ,8 2013 c +l :z �!8 8Z j 099 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: April 29, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids da [: Police Radio Annex [; Asbestos Abatement, Roof Replacement [: and Reconstruction [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on April 9, 2013, and received the following formal sealed bids for the Police Radio Annex, Asbestos Abatement, Roof Replacement and Reconstruction, which were publicly opened and read on April 25, 2013. S & W Contracting dba Spicer Group $237,900.00 701 Seneca, Buffalo, NY Trason Development $238,000.00 7350 Boston State, Hamburg, NY Miller Enterprises $255,700.00 12 Newfield, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that S & W Contracting dba Spicer Group, with a bid of Two Hundred Thirty Seven Thousand Nine Hundred and 001100 Dollars ($237,900.00), 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 33320706 445100 - Buildings. SJS /JF /dIg cc: Comptroller J. Jacobs, Buildings Department Head Name: Peter J. Merlo P.E. Title: City Engineer re of Department Head: Signatu p M Report of Bids — Police Radio Annex Asbestos Abatement (Del)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated April 29, 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 Police Radio Annex, Asbestos Abatement, Roof Replacement and Reconstruction, with S & W Contracting dlbla Spicer Group, in the amount of $237,900.00. Funding for this project is available in Account 433320706 415100 — Buildings. PASSED C: \Ijws\lmeinski\,Opp€RIRaLocel52 erosoft\wi3ldo —\ Temporary I nternetFilesWuritent. Out1ook\ OX32QVW6\ Report ofBids- Foliceradioannex.doex M/ * A * NO FOMMA FIWCZU GOLOMM LOCURTO pm( ;EN R.USSIU SCAT N 20- 3/4- 7 * '� �` City Clerk's Department BUFFALO "{ May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 24 PASSED May 14, 2013 Report of Bids- Shoshone Pool Guard House -Third Party Insp Asbestos Abatement (Univ) Gerald A Chwalinski City Clerk i4 P P RO .. -- ....mss MAY 2 92013 C� :C 1 >1d 8Z AVW E161 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL q1 TO: THE COMMON COUNCIL DATE: April 29, 2013 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Shoshone Pool Guard House [: Third Party Inspection [: Asbestos Abatement [: Job #1288A PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I requested on April 17, 2013 and received the following bids for the Shoshone Pool Guard House, Third Party Inspection, Asbestos Abatement, on April 26, 2013. Stohl Environmental $ 400.00 4169 Allendale, Blasdell, NY Fibertech Environmental No Bid 140 North, Buffalo, NY Nature's Way No Bid 3553 Crittenden, Alden, NY SJB Services No Bid 5167 South Park, Hamburg, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Four Hundred and 00/100 Dollars ($400.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. SJSIPJMIBMGIdlg cc: J. Jacobs, Buildings Comptroller Department Head Name: Peter J. Merlo P.E. Title: City En_, iq neer Signature of Department Head: aA DA Report of Bids — Shoshone Pool Guard House Third -Party Inspection Asbestos Abatement (Univ)(DPW) Mr. Smith moved: That the above item be, and the above communication and filed; a C d mmissioner of Public Works, Parks and Streets, dated April 29, 2013, be That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Shoshone Pool Guard House, Third -Party Inspection, Asbestos Abatement, with Stohl Environmental, in the amount of $400.00. Funding for this project is available in Account #35323106 445100— Buildings. PASSED - Shoshone Pool guard house.docx CAUserslhucioskilAppData5 Lac ,I\Miernsoft\Windows\Temporary [ntemet Files\ Cantent.0u11Ook10X32Qvw61Report of Rids * AYE * NO * FOPUANA. nANCZYK GOLOM EE LC 'URTO PMG.EN -P RUSSELL SCANWN smffH 213- 6 314- 7 '� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, 1 present herewith the attached resolution item. No. 25 PASSED May 14, 2013 Report of Bids -Tosh Collins lee Rink Modifications(South) Gerald A Chwalinski City Clerk -.7.. " D MAY 2.8 2013 'Ih ;C Hd ge Am E101 � 113 `1 r 0 � T A #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: May 2, 2013 FROM: DEPARTMENT: Public Works Parks &Streets DIVISION: Buildings 000 2,, SUBJECT: [: Report of Bids [: Tosh Collins (Cazenovia) Ice Rink [; Modifications [: Job #1261 [: South District PRIOR COUNCIL REFERENCE: (IF ANY) [: (EX.: Item No. CCP ) TEXT: I advertised for on April 16, 2013, and received the following formal sealed bids for the Tosh Collins (Cazenovia) Ice Rink, Modifications, which were publicly opened and read on May 1, 2013. ntl Vl Alternate #1: Area'B' - Existing girls changing room and existing ref and first aid room alterations. Alternate #2: Area'B' - Existing ref and first st aid d00 replacement. shower installation and associated plumbing. Alternate #3: Area 'A' - Interior storefront iller I hereby certify that the foregoing is a true and correct statement of 1 ds received #nd tha $ D0, add Enterprises, Inc., with a base bid of $23,400.00, add Alt. #1 for $35,700-00, Alt. #3 for $37,000.00, for a total bid of Ninety Eight Thousand Eight Hundred and 001100 Dollars ($98,800.00) is the lowest responsible bidder in accordance with the plans and specifications. 1 recommend that Your Honorable Body authorize the Commissioner are available 9 Works, Parks 445100ets to order the work on the basis of the low bid. Funds for this project Buildings. SJSIPJMIBMGIdlg cc: Comptroller's Office Contract Compliance Office Buildings Department Head Name: Peter J. Merlo P.E. Title: City En ig Weer Signature of Department Head: as Bas Bi $23,400.00 Alt #1 $35,700.00 Alt #2 $2, 00 Al #000.00 Miller Enterprises 12 Newfield, Buffalo NY Ailgaier Construction $29,200.00 $50,800.00 $2,100.00 $38,600.00 4790 Thompson, Clarence NY Nichter Construction $41,000.00 $67 $3,500.00 $74,750.00 30 Wildwood, Lancaster NY ntl Vl Alternate #1: Area'B' - Existing girls changing room and existing ref and first aid room alterations. Alternate #2: Area'B' - Existing ref and first st aid d00 replacement. shower installation and associated plumbing. Alternate #3: Area 'A' - Interior storefront iller I hereby certify that the foregoing is a true and correct statement of 1 ds received #nd tha $ D0, add Enterprises, Inc., with a base bid of $23,400.00, add Alt. #1 for $35,700-00, Alt. #3 for $37,000.00, for a total bid of Ninety Eight Thousand Eight Hundred and 001100 Dollars ($98,800.00) is the lowest responsible bidder in accordance with the plans and specifications. 1 recommend that Your Honorable Body authorize the Commissioner are available 9 Works, Parks 445100ets to order the work on the basis of the low bid. Funds for this project Buildings. SJSIPJMIBMGIdlg cc: Comptroller's Office Contract Compliance Office Buildings Department Head Name: Peter J. Merlo P.E. Title: City En ig Weer Signature of Department Head: as `b\ Report of Bids — Tosh Collins (Cazenovia) Ice Rink Modifications (South)(DPW) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 2, 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 Tosh Collins (Cazenovia) lee Rink Modifications, with Miller Enterprises, Inc., in the amount of $98,800.00 (Base Bid of $23,400.00, add Alt. #1 for $35,700.00, add Alt. 42 for a�a'tab e in Account #35 070b 45t00 a Total Bid of $98,800.00). Funds for this contract are — Buildings. PASSED C'.1UserslhucinskiUppDatal D- UMicrosoftlW indows\Temporary InternetFiles\ Content .Outlook1OX32QVW61RepoRofSids -Tosh Collins icerinks.docx * AYE * NQ FO&. A . 14L4NCZU GOrLOMEK PFM(;EN * . SCAN 213- 6 314- 7 In compliance with provisions of Section 24 -2 of the Chartcr and Charter 35 -I of the Ordioances of the City of Buflislu, I trans €nit this certification of appoint€ €tent(s) or proanotion(s). I further certify that the personts) named in Schedule "A" have been certified nr aipproved by the I-hunnn Resources /Civil Service for the �4. Appointment Effective: �,:,C_ � � in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Deputy Commissioner of Public Works, Parks & Streets for Buildings & Energy Management Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) POV,5 ' on Open Competitive, Promotional, Non- Competitive, Exempt (Insert one) Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Staztting Salary of $ 70,000 LAST JOB TITLE .LAST DEPARTMENT LAST SALARY NANE Jason Shell DATE ADDRESS 432 Norwood Ave. CITY & ZIP Buffalo 14222 LAST 4 DIGITS OF SSN, XXX - LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN, XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 1329100/ TITLE CDDE NO 5741 BUDGET ACCT. OBJ. 411001 PRQJ. ID PERS REQ. NO 2012 -171 SALARY RANGE OF POSITION $70,000 PER YEAR DAY HOUR YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 4J511 SIGNATURE OF APPOINTING AUTHORITY: RIgINAL + 2 COPIES TO: CITY CLERK N BEFORE APPOINTMENT PATE �( j OTHER COPIES TO: #3 COME' R0LLFR #4 - HUMAN SERVICESOVIL SERVICE 45- BUDGET #6 DEPARTMENT P. DIVISION #B- EMPLUYEI =t54 44 (Rev 7 -07) Cent ificate of Appointm Chapter 35 -1 of the Drdinances of t h e City Chap of Buffalo, I transmit this certification of appointments) or n s Warned in Schedule e Human ResourceslCivil Service for the In compliance with Provisions of Sectierso4 -2 of the , A , have been certified or approved by th Charter and promotion(s). T further certify that the P Appointment Effective: pub is Works, Parks &Streets in the Department of Streets Division of Recyc Coordinator PRO"" to the Position of Insert one) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified ( P OPEN COMPETI O en- Competitive, Promotional, Non - Competitive, Exempt (Insert one) p Insert one) FLAT Minimum, Intermediate, Maximum, Flat, Hourly ( 500 (Enter Starting Salary) : Starting Salary of $ 54, LAST JOB TITLE DATE LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. NAME Susan Attridge ADDRESS 2920 S. Creek Rd. CITY & ZIP Hamburg 14075 NAME DATE ADDRESS LAST JOB TITLE CITY &ZIP LAST DEPARTMENT LAST SALARY LAST 4 DIGITS OF SSN. )= REFERRED TO THE COMMITTEE ON CIVIL SERVICE 031 TITLE CODE NO 5 52002601 PERSONNEL REQ. NO 2012 BUDGET ORG. CODE 411001 PROD• ID PER YEAR DAY HOUR YEAR BUDGET ACCT. OBJ. 54,500 SALARY RANGE OF POSITION REASON FOR APPT. ABOVE THE MINIMUM: Steven I Ste niak NAME O� qp p�NTING. AUTHORITY: �L�" Commissioner TITLE O 415113 DATE: NG At SIGNATURE OF APPOINTI ORIGINAL + 2 COPIES TO: CITY 04- MAN SERVICES/CIVIL ) SERV #5- Bl DG_ET O7H ER COPII =S TO: #3- COMPTROLLER DEPA� #7 D1VlSION #B- EMPLOYEE #6 N I) )p 4 {Rev 7 -07) to o f Appointnmen Certifica ointments) or of Buffalo, I transmit this certification of app roved by the Human er and Chapter '1 of the Ordinances of the City ResousceslCivii Service for the 35 named in Sehedule " A" have been certified or app Hance with provisions of Section 24'2 of the Chal't comp that the persons) promotion(s). I further certify t� 01 i a) A ointment Effective: Public Works, Parks 8, Streets in the Depent of Streets Division of Supervisor Street Sanitation NAB to th t Unclassified (Insert one) the position of COMPETITIVE Temporry Seasonal, Exemp � �pEN Permanent, Provisional, a Exempt (insert one) Non - Competitive, EDIATE etitive, Promotional INTERM Open -Comp ourly (Insert one) Minimum, Intermediate, Maximum, Flat, H � 319, 010 (Step 3) {Enter Starting Salary) :Starting Salary of LAST 30B TITLE LAST DEPARTMENT LAST SALA LAST JOB TITLE LAST DEPARTMENT LAST SALARY Equipment Operator DATE 4113 DPW $38,615 SSN• XX -- LAST 4 DIGITS OF DATE 1G1TS OF SSN• XXX-XX- BUDGET ORG. CODE BUDGET ACCT. OB3. Y RANGE OF POSITION NAME ADDRESS CITY & zip NAME ADDRESS CITY & ZIP Marcus Gorski 129 Evergreen Dr• Tonawanda 14'150 LAST 4 D D Tp THE COMMITTEE ON CIVIL SERVICE 6020 REFERRE TITLE CODE NO Q N� 20 12A 60 5 2Q02601 PERSONNEL RE YEAR 41'1001 PROD. ID PER YEAR DAY HOUR $24,825 - $4' SALAR PT. ABOVE THE MINIMUM REASON FOR AP Steven .f. �HO R I T'yr'. Ste nick iT r�av Com 3issioner NAME OF APPOINTING. AUTHORITY / 41241 TITLE OF APPOIN _ 1 DATE'. OF APPOINTING AUTHORITY: BUaGET S IGNATURE p N1BEPOR>^ APPOINTMENT DAT S TURE + 2 COPIES T0: CITY CLERK SERViCESfClV1L SERVICE #' opinNbl #4 HUMA COPIES TO: #3- COMPTROLL TR #7- p4V� #8 EMPLOYEE S OTHER #6- DEPA LUq FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES May 14, 2013 To: The Common Council:' From: Department Permit & Inspection Services Division: Office of Licenses Type in Upper and Lower Case Onlx_ Date: May 2, 2013 Subject: [: Food Store (New) [: 1175 Hertel aka 1183 % Hertel (Delaware) Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Type Single Space Below Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1175 Hertel aka 1183 % Hertel (Baghdad Communications & Acessories /ADEL FAROUQ KADIR) 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 Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name: JAMES COMERFORD Type Title: Siguature of Department Head: JC:PS:jd REFERRED TO THE COMMITTEE ON LEGISLATION. �a� �0 Interdepartmental Memo Date: May 2, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Food Store at 1175 Hertel aka 1183'/2 Hertel (Delaware) Per City of Buffalo Ordinance Chapter 194, the following is a check list of requirements for Food Store application to the Common Council: \U Fire Prevention s 0 Building Inspection Police Department Collection Office Application Director Permit & In�vection Services f ' ate DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES OFFICE OF LICENSES 313 CITY HALL BUFFALO NY 14202 851 -4078 LICENSE APPLICATION PLEASE CHECK LICENSE CATEGORY APPLYING FOR RESTAURANT BAKERY CONFECTIONER RESTAURANT TAKEOUT CATERER x _ FOOD STORE MEAT, FISH & POULTRY • Date NOVEMBER 20 20 12 716-876-0402 L, Applicant Name ADE FAR KAD IR - APPlicaat Home Phone # _ Applicant Address 1183 1(2 HERTEL ST _. BUFFALO _- - NY 1 42 16 (No., Street) (City; Town or Village) (State) (Zip) Co- Applicant Name _ Co- Applicant Address (No., Street) (City, Town or Village) (State) (Zip) Corporation Name Date Incorporated bu Name 81AGHDAD COWUNICATION & ACCEssoRIES . Date OfBWinesS Ceitificate Business Address 11.83 HERTEL AVE BUFFALO - NV —_ -- 1421 .(No., Street) (City, Town or.Village) ' . - (State) {Zip) Mailing Address (if different than business address) (No -, Street)' (City, Town or Village) (State) (Zip) Business Phoime 4 71.6- 876 -0402 ' b 3 -b �2 _Fax # - -- State Tax ID Number 45-5165 Social Security # No. of Employees (Baker & Confectioner only) Subscribed and sworn to before me this -� Day. �L_ T , 20 -L FEES REsrAuRANr moo SEA'T`S slum 201 -400 SEAT$ $250.00 Commissioner of Deeds in and far the 401.+ $525.00 City of Buffalo, New York y' ,7 .,�'F RESTAURANT TAKEOMCATEMG $ 88.00 MEAT,FISH& POULTYk (2 YRS.). $150.00 FOOD STORE $115.00 r t BAKER/CONFEMONER 0 -2 EMPLOYEES $63.00 [ 3 -10 5105.00 11-25 5157.00 � 1 MOO K L 26-50 5315.00 kotary PubUc, Sitp;a 51 -200 X525.00 F Registration #01R ©1 RsT ap 4uallfied In NO 0 'f Cammisslon Expires 4 r. ,:: �r�. ....r.:u�+,ua�n!I+►+w+stP;��l �« •+fb- " - 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. KENNETH POCZKALSKI BAGHDAD COMMUNICATIONS & ACESSORIES FOOD STORE 1175 HERTEL 1183 1/2 HERTEL DELAWARE COUNCIL DISTRICT ADEL FAROUQ KADIR (716)876 -0402 FST12- 10025364 --- - - - - -- ------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR:`' !' RM# EXT AFTER INSPECTION PLEASE COMPLETE .AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. 'THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 REVIEW TYPE: ZONING REVIEW REFERRED TO: DAVID KRUG APPLICATION FOR: BAGHDAD COMMUNICATIONS & ACESSORIES LICENSE TYPE: FOOD STORE BUSINESS ADDRESS: 1175 HERTEL LOCATED AT: 1183 112 HERTEL COUNCIL DISTRICT: DELAWARE COUNCIL DISTRICT APPLICANT NAME: ADEL FAROUQ KADIR APPLICANT PHONE: (716)876 -0402 APPLICATION NO: FST12- 10025364 REFERRAL DATE: l - " &r; 3.,lf3 DISAPPROVAL REASON: ------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE: // 2 6111 2 DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# `3 U / EXT 4 -02.? PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF BAGHDAD COMMUNICATIONS & ACESSORIES FOOD STORE .1175 HERTEL 1183 112 HERTEL DELAWARE COUNCIL DISTRICT ADEL FAROUQ KADIR (716)876 -0402 FST12- 1.0025364 ------------------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) �fAPPROVED: DATE: DISAPPROVED: DATE: f2 REMARKS: _ 13_-10 3 APPROVED: DATE: q ( tc° /. DISAPPROVED: DATE: CITY OF BUFFALO ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. r INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE:. BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING GARY ZIOLKOWSKI BAGHDAD COMMUNICATIONS & ACESSORIES FOOD STORE 1175 HERTEL 1183 112 HERTEL DELAWARE COUNCIL DISTRICT ADEL FAROUQ KADIR (716)876 -0402 FST12- 10025364 ------------------------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVFDz DATE: j - 3 DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW *** RE MARKS : INSPECTOR: RM# 3 ) 3 EXT, 1�1 AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HAL 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: 19 013 F3 DISAPPROVAL REASON: COLLECTIONS JOE LOTEMPIO BAGHDAD COMMUNICATIONS & ACESSORIES FOOD STORE 1175 HERTEL 1183 1/2 HERTEL DELAWARE COUNCIL DISTRICT ADEL FAROUQ KADIR (716)876 -0402 FST12- 10025364 -------------_------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE; DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: 1Vp gad' //-s, r L. INSPECTOR: f r e- fkf� - r RM# _ EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR. Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 30 Mobile FoodTruck-2188 Kensington PASSED May 14, 2013 Gerald A Chwalinski City Clerk R13. . I MAY 2 8 2013 1 \ Communication to the Common Council To: The Common Council: Date: May 3, 2013 000�o From: Department Department of Permit & Inspection Services Division Office of Licenses Subject: [: Mobile Food Truck [: 2188 Kensington (home address [ (new application) Prior Council Reference: (if any) [: Ext.: Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 2188 Kensington for which said application for a Mobile Food Truck license is being sought by Kim Suphankomut@ Thai Me Up Food Truck LLC and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: JC:cap #1 (Rev. 0512013) COMERFORD, COMMISSIONER I� �u P -1470 (REV. 3196) V APPLICATION RELEASE FORM T O HE -'- Buffalo Police Department Identmention Section 74 Franklin Street Buffalo, New York 14202 = - There is a smoo fee to process this data BY mail, payment MUST be made by money order. DO NOTsend cash throe - — Mail. 10 person, ga,Yment can be made by money Order or Buffalo Police Department cash: Checks are not accepted 11+Ialre ruonay order payable to the the Be sure to include a simmped, self - addressed envelope so that this inform adon M be mailed to you. Complete all the information listed below and have your identification and siguatum verified by a Nda�yPukVc (or) Commissioner of Deeds, as Bated on the bottom offt application. Without total compliance to these iust�uuctions, yQU WILL NOTreceivetherequested information. ALL SIGNAT[TRES MUST BE OR1GVTAL NAME OF APPLICANT: 1M !�l f� G• Irl+� (,� Sa RACE t 1 /y "N�NAME & IRTH. SS: 1, l G Lavvv � I� � �. V_ • �- 'I��c.�- SOCIAL SECURIM REASON FOB R>;QUEST ��rv� vRrv�n a SIGNATURE OF APPLICANT DATE I STATE OF NEW YORK ) COUNTY GF ERIE CITY OF BUFFALO ) r On the day of , before me ersa y app to t4 me know P be tip same Faman described in, and who exed the foregoing ' &Meg and acknowledged the execation thereof; f Notary Public 1 Commissioner of * ** TO BE COMPLETED BY IDENTIFICATION SEC TIONPERSDNNI�i , * * * * * * * * * * * * *,,,f RECORD ATTACHED VERI>iIED BY;� ® 'NO RECORD ON FILE DATE VERIFIED 0M ft NOTE, . USE OF TM D.VI'ORIVJATION IS NOT BASED ON FMGERPRINT IDENTIMCATION. DO NOT RETAIN AIgM 60 DAYS FROM DATE VER1iFIEI OT VALID_TTUMM , CITY OF BUFFALO - MOBILE FOOD VEHICLE APPLICATION e 65 Niagara Sq: City Hall Room 341 Buffalo, NY 14202 a Phone (716) 851 -4078 Fax (716) 851 -4952 - Food Truck License expires on April 1. Type of Entity: ❑ Sole Proprietor ❑ Corporation ❑ Partnership ' Limited Liability Company Corporation Name l h 111 0 ' �Y VC-- Business Phone ( Business Name (dba) Business Fax ( ) - Business Address (no Po Box) (Y\ 5 ECG Y tr9} Mailing Address (if different) NYS Tax ID # t�1-2!'i � �� Business Website Information for applicant and each corporate officer Applicant (last, first) o nth Home Address: (PO Box not acceptable) Corporate officer (last, first) Home Address: (PO Box not acceptable) Home Phone Include the following documentation: 1. Motor Vehicle Registration from NYS MVD 2. Valid Motor Driver's License of each vehicle operator from NYS MVD 3. Criminal background check of the gpplicant and each corporate officer 4. Erie County Health Permit 5. Insurances: a) Public Liability b) Food Products Liability c) Property Insurance Coverage of not less than $1,000,000 per occurrence. Insurance coverage must contain proof of a thirty (3 0) day cancellation clause with the certificate holder as City of Buffalo /Office of Licenses, 301 City Hall, Buffalo, 14202. 6. Worker's Compensation Insurance or, if no employees, an Exemption Certificate at www.wcb.state.ny.us FEE: $1,000 (Renewed yearly) Subscribed and sworn to before me this ..O day of 14-1 r- 20 Commissioner of Deeds in an or the - City of Buffalo, Now York ` For office use only App No r .2 /7, Medallion # - 4, Date issued: Revised: Feb 2012 I AM AWARE OF THE FOLLOWING RESTRICTIONS: abide by parking/traffic laws; must operate from streets and public property and at least 100 ft from an open licensed food establishment; has a `measuring wheel' with a capacity of no less than. 500 ft; vehicle must be equipped with -trash receptacles; permanently and prominently affix to the vehicle the issued decal operate 500 ft away from a sanctioned Special Event; not valid in the special Downtown District. I am aware of the obligation to provide timely notice of any change in required information. 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 Name and signa re.of applicant and each corporate officer Print Name 1 ( . 01 u P V, IC-0 ev�- v� Signature Date k E ow V- V)f1. E -Mail 1� Home Phone r lc0 1 �-LIS 8 REVIEW TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: APPLICANT ADDRESS: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE CHIEF MARK MORGANTI KIM SUPHANKOMUT MOBILE FOOD TRUCK 2188 KENSINGTON AV BUFFALO, NY 14226 (716)880 -0259 MFT13- 10024970 DISAPPROVAL REASON: --------------- -------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 2 3 DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: RM# EXT PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. Mobile Food Truck — 2188 Kensington Mr, Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated May 3, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Kim Suphankomut d/b /a Thai Me Up Food Truck LLC is hereby approved. Passed. C:Tocuments and SettingsklebnerLocal Settingffemporary Internet Files\OLKIDNoblle Food Truck.docx 3 0 fo - *AYE *NO* FONTANA GOLOMBEK 14000R.TO RrVEUL RUSSNjL SCAMON mj - S 20- 6 o . 314- 1 , City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO [K:". M O V I IIJ O N Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 31 PASSED May 14, 2013 Pawnbroker-2202 Seneca (South) Gerald A Chwalinski City Clerk MAY 2.2 2013 j4d I 44 (Rev.'1 /93) Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Subject: [: Pawnbroker [: 2202 Seneca (South) Type in Upper and [: Lower Case Only [: 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 Pawnbroker License located at 2202 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said application for a Pawnbroker license is being sought and according to the attached reports from the Zoning Office, 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 Robert Nuchereno. The attached thereto for Robert Nuchereno d/b /a/ Buffalo Jewelry and Loan LLC. This request is submitted for your approval or whatever action you deem appropriate. 1 IA Type Department Head Name: .TAMES COMERFORD Tyne Title: Signature of Department Head: IC:PS:jd 51 �l Interdepartmental Memo Date: May 9, 2013 To: Jaynes Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Pawnbroker License at 2202 Seneca. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Pawnbroker License application to the Common Council: Certificate of Compliance 2276 Police Department Police Record Check Application Director Permit & ection Services V 7 to B YRON W. BROWN Mayor CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES DIRECTORS OFFICE JAMES COMERFORD, Jr. Deputy Commissioner PATRICK SOLE, Jr. Director Certificate of Compliance Number: 2276 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 2202 SENECA Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any violation of a law or ordinance found to exist subsequent to the issuance of the certificate, i.e. continued compliance with applicable codes and of Peimits & I Date Issued: 0510$12013 Building Classification: Type 2b noncombustible unprotected Occupancy: Bi Building Permit(s) Number: 191630 Building Inspector: Curtin, Timothy Date of Inspection: 05/01/2013 Date Issued: 03 /04]2013 Receipt Number: N/A Portion of Building being inspected and certified: INSTALL PRIVACY WALL WITHIN EXISTING STORE. t 65 NIAGARA SQUARE / 3040TT IIA1,1, / BLIF W, NY 14202 -3303 / (7.16) 45[ -6516 / VAX: ( / 1;111.61: Fso1C @City- b¢El:11o.cum CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I:1 DISAPPROVAL REASON: POLICE MARGARET OVERDORF BUFFALO JEWELRY AND LOAN LLC PAWNBROKER 2202 SENECA SOUTH COUNCIL DISTRICT ROBERT NURHERENO (716)632 -2338 PBR12- 10025398 (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: ! l ,, IZ DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. j P 147C (REF. 319 APPLICATION RELEASE FORA TaB>s Iyl.4ILEDTQ: ' too 30 M 1 -� Buffalo Police Department _ _- Itlentifieation Section = ^` 74 Fraulft Street Buffalo , New York 14202 There is a$10.00 fee to process this data. By mail, payment MUST be made by moneyorder, DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted Make money order payable to the Buffalo Police Department Be sure to include a stamped, self - addressed envelope so that this information can tae mailed to you. Complete all the information listed below and have your identification and signature verified by a Notarypablic (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: M0 Q%j, C �\ d IivM OEN NAME SEX J�-t RACE UO r CUMNTADDRESS: �` Q ti Lu► �t r l'f' ( Z?�{ DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQUEST LrZ SIGNATURE OF MPLICANT -' DATE STATE OF NEW YORK ) COUNTY 6F ERIE SS. CITY OF BUFFALO ) On 61 Jay of 2 01 _ Z before me personally appeared 2�, to me ]mown to be the same: person described ity and who execuled the foregoing instrument and acknowledged a ex ' n there ' '- ptal }►PIIIIIiC I Commissl er o Dods — . - ❑ RECORD ATTACH - VEMED BY: ` �NO RECORD ON FLEE DATE VERIFIED NOTE: USE OF TIM INFORMATION IS NOT BASED ON FINGERPRINT IDEMIMCATION. DO NOT RETAIN - - AFTER 60 DAYS FROrd DATE VEMMD yMM UNTIL STAMFFi1 - &OLAPPr fC.DOC OMCE OF UCENS +ES ' 3L3'C TY BUFFALO, NEW YORK 14202 85$•4078 ai�.rcAaxor� aivs� aoxx� ar k� ae�toro ry � �,x o� eu�rac�l�c(ixr - xQ �ca�or�s PAWNBROKER'S MCENS,E APPLICAUGN (W- ANNUAL LI CZNSE FEE) PaD - lexDol AYMCAT�r l�Qb 2�� ��uCheye G..__.fi i 040, Mgt vJLUM I' CO- APPUCANTNAhw C()elk'PTYC�1V gf3It PH07IlEil� CO.ABI'' Ci M elDA (NoO S'TRMT) (CITY, To Wm OH'V1LIA(8QQ (STATS) Rte) �i COMPAXION e � ��Iri - - j�rvc I ��a� f �c , �'R7, ��.i; ��a�rcc�xroBA� 7 / f 2oo A3E(WR CF�7WCA / �Lf ?� 'C S�VFS.4 A,,,) vi o 5 � i'� 9 1� n n3 � Y f r l., l q (NO, grWO 'F} (COY, TOWN ORTUX AV.9) (m — m fm MwLxb7fitiAD[�81655 (;l[ d�fcs� 4�a bmiaess.efde+mol • (L10KST$&k7 ( {`gk'Y 1G� (TrATV fl BUS + ;9O .0 .Y� J e 7/ �,9 9 3 3, 3 SIATSTAXIDSUM &A,re ood and &on, I& $e, fore Ana tfeis slaw of] wa& us and far the of R%Tafe. Naw Toric NON REF T"ABLF "PLICA.TION FEE A�pticanf Signature Pawnbroker — 2202 Seneca (South)(DPIS) Mr. Smith moved: That the above item be, and the above item from the Commissioner of the Department of Permits and Inspection Services, dated May 9, 2013, be received and filed; and That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Pawnbroker License to Robert Nuchereno dIb /a Buffalo Jewelry and Loan LLC located at 2202 Seneca is hereby approved. - PASE CADocoments and SettingklehneidLocai Settings\Yemporary Internet Hes10LKIDTawnbroker 2202 Seneea.docx ? 1 * AYE * N4 * FONTANA * * GOLOMBEK * WCURTO * PRMGEN RiVFU * Ru gglu SCAB ON SMITH 213- 6 �* 314- 7 City Clerk's Department .BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 32 PASSED May 14, 2013 Second Hand Dealer-45 Allen(Fill) Gerald A Chwalinski City Clerk N MAY 2-8 2 013 � i : C 141 S )"ci E1 d ' f. #1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: May 8, 2013 t 0 � From: Department of Economic Development, Permit & Inspection_Se_rvices Division: Office of Licenses Subject: [: Second Hand Dealer [: 45 Allen (Fillmore) Type in Upper and I [: I Lower Case Only I [: Prior Council Reference: (If Any) [: Ext. ( Item No. xxx, C.C.P. xx/xx/xx Text ( Tyne Single Space Below 1 '��o 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 45 Allen 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 Thomas Azzarella. The attached thereto for Thomas Azzarella d/b/a/ Rick Cycles Shop. This request is submitted for your approval or whatever action you deem appropriate. Tube Department Head Name: Tyne Title: Signature of Department Head: rC:PS:jd 3y Interdepartmental Memo Date: May 8, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services Im Common Council Communication Second Hand Dealer at 45 Allen. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for S coed Hand Dealer application to the Common Council: Fire Prevention Building Inspection Police Department Police Record Check Application Director Permit & Inspection Services CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: FIRE REFERRED TO: LT. CHRISTOPHER LASKY APPLICATION FOR: RICK CYLCE SHOP LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 45 ALLEN LOCATED AT: COUNCIL DISTRICT: LANDMARK PRESERVATION DISTRICT APPLICANT NAME: THOMAS AZZARELLA APPLICANT PHONE: ' 952 - W 9 APPLICATION NO: SHD13- 10025525 REFERRAL DATE: REMARKS: n DISAPPROVAL REASON: s' ----------------- - - - - -- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) ATE: APPROVED: DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: RM# EXT `7 5 " 7, - AFTER INSPECTION. PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: I[93►5 F33X(C DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 BUILDING KEVIN FITZGERALD RICK CYLCE SHOP SECOND HAND DEALER 45 ALLEN LANDMARK PRESERVATION DISTRICT THOMAS AZZARELLA SHD13- 10025525 ---------------------------------------------------------------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: 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. INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: DISAPPROVAL REASON: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 POLICE MARGARET OVERDORF RICK CYLCE SHOP SECOND HAND DEALER 45 ALLEN LANDMARK PRESERVATION DISTRICT THOMAS AZZARELLA SHDII- 10025525 ---------------------------------------------------------------------------------------------------------------------------------------------------- O BE COMPLETED BY A GENCYIDEPARTMENT REFERRED TO) APPROVED: DAT DISAPPROVED: DATE: REMARKS: -- -- - DISTRICT CAPTAIN: LL L( t t ,A AA T_ ` APPROVED: DATE: DISAPPROVED: DATE: REMARKS: COMMISSIC ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** c AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -147C (REV 9/08) APPLICATION REWSE FORM TO BE MAIM. TQ-- • -l.. E . .. Y 1 Y Buffalo Police Department Identification Section 2013 FE -3 F M 4:. 74 Franklin Street Buffalo, New 'York 14202 There is a$10,00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail, In person, payment can be made by money order or cash, Checks are not accepted. Make money order payable to the Stiflfalo Police Department. Be sure to include a stamped, self- addressed envelope `so that this information can be mailed to you. Complete all the information.listed below and have your identification and signature verified by allotary Public (or) Commissioner orDeeds, as listed on the bottom of this application, 'V ithout total compliance to these instructions, you'WUM - NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: i i - - vv1 SEXY,_ . RACE CURRENT ADDRESS: 5 R - 2— DATE OF BIRTH: 3 SOCIAL SECURITY # REASON FOR REOUEST -An NAME SIGNATURE OF STATE 40P NEW YORK COUNTY OF ERIE CITY OF BUFFALO t 4: , - # S. - 3S. TO BE M ATTACHED RECORD ON FILE and acknowledged the before me personally appeared me known to be the same person described In, and who NOTE: USE OF TM- S MFOktMATION IS NOT BASED ON FINGERPRINT IDENTWICATION.•DO NOT RETAIN AFTER KPAYS FROM DATE 'V,EiWIED, V r M-11 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 BUSINESS LICENSE APPLICATION fee ❑ Used Car Dealer $262.50 .R*Second Hand Dealer $118.00 ❑ Scrap Processor $ 78.75 ❑ Wholesale Junk Dealer $262.50 fee • Tire Handier I $118.00 10 -1000 tires • Tire Handler H $262.50 over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and General Liability Insurance at.least $50,000 both for personal injury and property damage, must contain 10 clay cancellation clause with the certificate holder as City .ofl uffdo, Office of Licenses Room 301, Buffalo NY 14202 Tire Storage Information Inside Storage yes _ no Outside Storage yes _ no © Flee Market fee 1 -10 tables $ 79.75. 11 -25 tables $155.00 +26 tables $210.00 1 Corporation Name )AZZAReLLJ} R ILX LVC LC. GHOP Business Phone (XV 362- t!o$3 Business Name (dba) I GC CYt'~L E{ O` Business Fax (`7QZL2 - f�'[ MYkainws Address (no Po Box) �T` _ / /7 2 -�uS t 1.eS5 44,ika Address (if different) A L_L '_AJ S 7 — /1� _.._ NYS Tax ID # /61l 4 312- Business Website RkCK5GyC.W-SVVf.C rt E -Mail R Owner(s)/ Principal Partners Applicant (Iast, first) &y-2'A l ZtieLLP' , " d MA ,- - Home Phone 716 --27- - 0073 Home Address: O ox not acceptable) 3_� z M C VC t 17kw}r Date of birth Place of Birth VurFALO y NY Co;-Applicant (ias� first) Home Phone Home Address: (PO Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. J' - bICV - CLP-S S•IALF—S - )\CC f -5S0P-V 9.61-eg d and s to be me I am aware of the obligation to provide timely notice of any change in required Sub this % a d 20 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 timelyabatement of any nuisance activity at or associated cbnooidw Deeds in and the with the bu siness. ty Buffalo, New York. As an authorized agent of the entity identified above, I certify the information on this foam is true, correct, complete and current to the best of my knowledge and belief. asar ANN LEVINGER Print Name Um ODi� row Notary 5 i ature Date 17- cooffled>n e�COUNTY eta i o � Second Hand Dealer — 45 Allen (Fill)(DPIS) Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated May 8, 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 Thomas Azzarella dlb /a Rick Cycles Shop located at 45 Allen is hereby approved. Passed. C:\Users\lTucinskilAppDatalLocalMerogoft\Windows\Temparary Internet FilesTontent,Outlook1OM 2Q V W6lsecond hand dealer -45 Ahn.doc * AYE * NO * FONTANA FRANCZYK * -* * GOLONIM * 140C'URTO * � PRIDGEN pj[v RIISSLLL * * * SCAINLON * * 20- 5 314- 7 * ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 33 Second Hand Dealer -1400 Bailey (Lov) PASSED May 14, 2013 Gerald A Chwalinski City Clerk V IM 4N N ij MAY 28c013 1 :C NJ 8e AVw E101 W(ReV. 1/93) Single Page Communication to the Common Council To: The Common Council: Date: May 2, 2013 UUU3 From: Department of Economic Development, Permit & Ins ection Services Division: Office of Licenses Subject: [: Second Hand Dealer [: Type in Upper and 1400 Bailey (Loveyjoy) � � [; Lower Case Only [; Prior Council Reference: (If Any) [: Ext. Item No. xxx C.C.P. xx/xx/xx): Text (Tyke 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 1400 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 James Mazzariello. The attached thereto for James Mazzariello d/b /a/ Buffalo Gold Rush. This request is submitted for your approval or whatever action you deem appropriate. Type Department Head Name Type Title: Si gnature of Department Head: JC:PS:jd ?,3 JAMES COMERFORD l Interdepartmental Memo Date: May 2, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 1400 Bailey. Per City of Buffalo Ordinance Chapter the following is a check list of requirements for Second Hand Dealer application to the Common Council; Fire Prevention Building Inspection Police Department Police Record Check ® Application Director Parmit & Inspection Services CITY OF BUFFALO 65 Niagara Sq. City Hail Room 301 Buffalo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 All information on this form is public record BUSINESS LICENSE APPLICATION fee fee 0 Used Car Dealer $262.54 D The Handler I $118.00 Tire Storage Information 10 -1000 tires Inside Storage _yes —no Second Hand Dealer $118.00 © Tire Handler H $262.50 Outside Storage _yes _no over 1000 tires; Include NYS Environmental Conservation Law Part 360; Storage plan and — p_ St-rap Processor 08.75 General Llabllit Insurance at least $50,000 © Flee Market fee _ both for personal injury and property damage, 1 -10 tables $ 78.75 © Wholesale. Junk Dealer $262.50 must contain 10 day cancellation clause with 11-25 tables $155.00 the certificate holder as City ofBuffalo, Office +26 tables $210.40 of Licenses Room 301, Buffalo NY 14202 Corporation Name Business Name (dba) Business Address (no Po Box) Mailing Address (if different) NYS Tax ID #E Business Website Business Phone (f V) Business Fax ( ) &Mail Owner(s)/ Principal Partners h Applicant(lost, fast) cIZ- - Z .4 L-, C, �- �1 �� c - - -- Home Phone 7/ & 3 c/ I / i c Home Address (PO Box not acceptable) 71 / 'Wo�� Date of birth Place of Birth Co-Applicant (last, first) Home Phone Home Address: (PC Box not acceptable) Date of birth Place of Birth Describe your specific business activity in detail. Subscribed and sworn to` efore me thi y o z 0. Co i ion ds in and for the Ci of uffalo, Now York t--f I am aware of the obligation to provide timely notice of any change in required information, and I have informed all owners, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment of restrictions and conditions to the license or timely abatement of any nuisance activity at or associated with the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correct, complete and current to the best of my knowledge and belief. Print Name Vh s _ _ as ' - 7 9 L- C- Signature INSPECTION TYPE: REFERRED TO: APPLICATION FOR: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 FIRE LT. GERALD WHALEN BUFFALO GOLD RUSH 1400 BAILEY LOVEJOY COUNCIL DISTRICT JAMES MAZZARIELLO {716 }393 -1319 SHD13- 10025591 REMARKS: DISAPPROVAL REASON: ----- - - - - -- ----------------- ----------------- -------------------------------------------------------------------------------I----------------- (TO BE�COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE 1 DISAPPROVED: DATE: DISAPPROVAL DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: INSPECTOR: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS ,REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO 1400 BAILEY OFFICE OF LICENSES 301 CITY HALL LOVEJOY COUNCIL DISTRICT BUFFALO, NY 14202 JAMES MAZZARIELLO INSPECTION TYPE: REFERRED TO: APPLICATION FOR: BUILDING KEVIN FITZGERALD BUFFALO GOLD RUSH BUSINESS ADDRESS: 1400 BAILEY LOCATED AT: COUNCIL DISTRICT: LOVEJOY COUNCIL DISTRICT APPLICANT NAME: JAMES MAZZARIELLO APPLICANT PHONE: (716)393 -1319 APPLICATION NO: SHD13- 10025591 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: -------------------------------------------------------------------------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: '� S �- !3 L DISAPPROVED: DATE: DISAPPROVAL DATE: *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM# EXT C� ! AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. CITY OF BUFFALO 1± OFFICE OF LICENSES 301 CITY HALL -' BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: POLICE MARGARET OVERDORF BUFFALO GOLD RUSH DISAPPROVAL REASON: ------------------------------------- - - - - -- ------- - - - - -- ----------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) (:=0�VED- DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Commissia AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. BUSINESS ADDRESS: 1400 BAILEY LOCATED AT: COUNCIL DISTRICT: LOVEJOY COUNCIL DISTRICT APPLICANT NAME: JAMES MAZZARIELLO APPLICANT PHONE: (716)393 -1319 APPLICATION NO: SHD13- 10025591 REFERRAL DATE: REMARKS: 2ND NOTICE DISAPPROVAL REASON: ------------------------------------- - - - - -- ------- - - - - -- ----------------------------------------- (TO BE COMPLETED BY AGENCYIDEPARTMENT REFERRED TO) (:=0�VED- DATE: DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: APPROVED: DATE: DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: Commissia AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -14�C (REV. 3196) 0l : ' : 1 ! Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM 20 1M R27 , There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash: Checks are not accepted. Make money order payable to the Buffalo Police Department, Be sure to dew stamp s - e ope so 11Mt MS informauon can be EMEd to you. Complete all the information listed below and have your identification and signature verified by a Nctary Public (0r)Commissioner of Deeds, as — listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested -- information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: o wi fr: `[ )MAMENNA R SEX RACE CURRENT AQDRESS: 71�1 DATE OF BIRTH: SOCIAL SECURITY #_ REASON FOR REQUEST SIGNATURE OF APPLICANT ATE Z STATE OF NEW YORK ) &,;� - r COUNTY OF ERIE ) SS. CITY OF BUFFALO Oxley of �1 l d . ,G,I before e m erso I r, P uDY app tome known to be the same person described in, and who ex led the foregoing instrvment aidEAnowledged the execution thereof. BUFFALOMY P OLICE DEPT: VVVV RECORDAITACHED Notary Public/ Commissioner of Deed TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL � RECORD ATTACHED A. L VERIFIED BY: 1C t! E] NO RECORD ON FILE DATE VERIFIED NOTE: USE OF THIS INFORMATION IS NOT BASED ON FINGERPRINT IDENTIN"TCATION DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED. NDT. LJLM II1VT7G TA MM . Rtport Date: 03/27/2013 09:30 Report rinted By: KING, AMELITE Page: 1 of I FBI Master Name: MAZZARIELI-O, JAMES R Sex: Male Master DOB: � f. Race: White Current Age: 39 Ethnicity: Unknown Most Recent Address: 503 TWO ROD RD, MARI LLA NY US Note: The Charge dispositions show in bold below the original charge. Arrest Date Incident # Booking Name . g # First Alias Cts Law section Sub Atf Charges Bookin 07/13/1 . 991 C1 Cat Deg NCIC ascription VLN 91-011351E MAZZARIELLO, JAMES R I VTF, 1187 - ON D 1 0 340 91-13114-99 (A) " Not based on Fingerprints - �4 1 Second Hand Dealer - --1400 Bailey (Lov)(DPIS) Mr. Smith moved: That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated May 2, 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 James Mazzariello d/b /a Buffalo Gold Rush located at 1400 Bailey is hereby approved. Passed. C: \USers\ ucinskilAppDat a\ I.ocalSMicrosoftlWindows\Temparary Internet FHeslContent.Outlook \OX32QV Wftecond hand dWer -1400 Bailey.doc �� - k AYE'S NO FONTANA JWC YK .. GOLOA� LOC[1RT8 PRIDOEN • RtYERA � - � � � RUSML iO Et 213- 6 314- 7 ,� City Clerk's Department . BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 34 Second Hand Dealer-2202 Seneca {South) PASSED May 14, 2013 Gerald A Chwalinski City Clerk W I-A 2 013 - �1 *C Wd 8� Ejoz - j #1 (Rev. 1193) Single Page Communication to the Common Council To: The Common Council: Date: May 9, 2013 QQQ�� From: Department of Economic Development, Permit & inspection Services Division: Office of Licenses Tyne in Upper and Lower Case Only Subject: [: Second Hand Dealer [: 2202 Seneca (South) 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 2202 Seneca 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 Iicense 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 Robert Nuchereno. The attached thereto for Robert Nuchereno d/b /a/ Buffalo Jewelry and Loan LLC. This request is submitted for your approval or whatever action you deem appropriate. V r , V Tyne Department Head Name: JAMES COMERFORD Tyne Title: Signature of Department Head: IC:PSjd 3 09 Interdepartmental Memo Date: May 2, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Second Hand Dealer at 2202 Seneca St. Per City of Buffalo Ordinance Chapter 254, the following is a check list of requirements for Second Hand Dealer application to the Common Council: Certificate of Compliance 2276 Police Department Police Record Check Application Direct Permit & Inspection- Services D to BROWN W. BROWN Mayor CITY OF BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES DIRECTORS OFFICE A .TAMES COMERFOTtD, Jr. Deputy Commissioner PATRICK SOLE, Jr. Director Certificate of Compliance Number: 2276 In accordance with the appropriate laws of the State of New York and or the ordinances of the City of Buffalo, the structures at 2202 SENECA Buffalo, New York, having been inspected and found to conform substantially to applicable laws, ordinances, rules or regulations, the portion identified on this certificate is hereby certified for occupancy. This compliance certificate is subject to the limitations specified herein and is valid until revoked unless automatically voided by this certificate being altered in any manner if there is any violation of a law or ordinance found to exist subsequent to the issuance of the certificate, i.e. continued compliance with applicable codes and Date Issued: 05/08/2413 Building Classification: Type 2b noncombustible unprotected Occupancy: B Building Permit(s) Number: 191630 Building Inspector: Curtin, Timothy Date of Inspection: 05/01/2013 Date Issued: 03/04/2013 Receipt Number: N/A Portion of Building being inspected and certified: INSTALL PRIVACY WALL WITHIN EXISTING STORE. 65 NIAG \12x1 SQU.1U / 3114 (;ITT I 111J. / BUFFALO, NY 14202-3303 / (716) 851 -0596 /1 (716) 851 -4887 / NnW: psnle@1?cite- bufEA,.cum CITY OF BUFFALO OFFICE OF LICENSES 301 CITY HALL BUFFALO, NY 14202 INSPECTION TYPE: POLICE REFERRED TO: MARGARET OVERDORF APPLICATION FOR: BUFFALO JEWELRY AND LOAN LLC LICENSE TYPE: SECOND HAND DEALER BUSINESS ADDRESS: 2202 SENECA LOCATED AT: COUNCIL DISTRICT: SOUTH COUNCIL DISTRICT APPLICANT. NAME: ROBERTNURHERENO i APPLICANT PHONE: (716)632 -2338 APPLICATION NO: SHD12- 10025397 REFERRAL DATE: REMARKS: DISAPPROVAL REASON: (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: DISAPPROVED: DATE: r RE MARKS : DISTRICT CAPTAIN: APPROVED: DATE: I/ i to DISAPPROVED: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** REMARKS: COMMISSIONER OF POLICE: AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. P -147C (REV. 3, 3 IQ BE MAILED TO: Buffalo Police Department Identification Section 74 Franklin Street Buffalo, New York 14202 APPLICATION RELEASE FORM try; ^W 30 FM 1 There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash. Checks are not accepted, Make money order payable to the Buffalo Police Department, Be sure to include a stamped, self - addressed envelope so that this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NUT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: _ �,1�- mu Ch, ip-L'j Cj f141 SEX -t� RACE CURRENT ADDRESS: _ _��� � �r DATE OF BIRTH: SOCL SECURITY # REASON FOR REQUEST .mac.[ 1tJ t�-1 L IA STATE OF NEW YORK ) COUNTY O F ERIE ' ) SS. CITY OF BUFFALO} ) On tU day of the foreuoinu instrument 9 NAME Lod DATE 4 Ca ( Z 2 0 1 Z, before me personally appeared to me Imown to be the same person described io, and who i yp o Public / Commisss er of Deeds �.i 4 ** TO BE COMPLETED BY ID CATIO CTIONPEIiSONNEL ** ❑ RECORD ATTACHED VERIFIED BY: �NO RECORD ON FILE DATE VERIFIED NOTE: USE OF TffiS INFORMATION IS NOT BASED ON FINGERPRMTIDENTIH'ICATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VER4IED. VALID._IMyTIIMS, nee.12.2012 08:50 AM ARISTA REAL ESTATE 716 633 9111 PAGE. 2/ 5 a 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 f orm is public record BUSYNESS LICENSE APPLICATIONS / r fee to Cl Used Car Dealer $262.50 G Tire Handler I . $118.00 Tire Storage information d Second Eland Dealer 10.1000 tires Ia9ide storage 5 118.00 © Tire .Handler Ii $262.50 Outside Storage yes _-,,, no y% _ no over 1000 tires;1o NYS Envfrornaental Conservation Law Part 360 Storage plan and 13 Scrap Processor $ 78.75 General Liability Iasurance at ]east $50.000 © Flee Market fee both for persona) injury and property damago, I.10 tables S 98.75 © Wholesale Junk Dealer S262.50 must contain 10 day cance)lat)on dause with 11.25 tables $155.00 the certificate holder as City of Bd fto, Office *26 tables 5110.00 ofLicertses Room 301, Buffalo NY 14202 Corporation Name ,ct w Aiv , L Business phone )h 7 33 Business Name (dba) u rk ja N j 1-1,4- Busing33 Fax t/01 �?3 .5 Business Address (no po sox) Acre .STP-e�:T', 1 0,u Mailing Address (if different) � .SFI� �� _ �{?�_V� Ta��rt�u1P9� R� )415 J NYS Tax ID :0753 Pi a Business Website X1.10 u Q B - Mail Owner(@) /Principal Partners Applicant (test, nrsr) Home Phone Home Address (PO Box not acceptable) Date of birth Place of Birth Co- Appllcaut ass; arst) Rome Phone Dome Address: (PO Bore not acceptable) Date of birth Place ofBir& Describe your specific business activity in detail. Subscribed and 3 M to befbTe me this Z-)-- da a 20 co mmiss t d and far the Ci of a o, New York I am award of the obligation to provide timely notice of any change in required information, and I have informed all ownors, managers, or other principals of their criminal and/or civic responsibility for the timely fulfillment ofmtrietions and conditions to the license or timely'abatement of any nuisance activity at or associated with the business. As an authorised agent of the entity identified above, I certify the information on this form is true, correct, complete and cunvnt to the best of any knowledge and belief. Print Name et& \+o Signature Date; MR RECEIVED 12- 12 -'12 10.06 FROM- 7166339111 `FO- COE- LICENSES P0002/0005 Second Hand Dealer — 2202 Seneca Street (South) (DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated May 9, 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 Robert Nuchereno d/b /a Buffalo Jewelry and Loan LLC located at 2202 Seneca Street is hereby approved. Passed. C:l➢ocoments and SetdngsklehnertLU�A Sethmp%Tempomy Imemet pilesSOLKWD Sxond FT"d Dealer 2202 Seneca do *ATE *NO * FOMANA IWCZYK GOLOMMEK WCURTO * ' PRID(;EN RIIgg= SCAMON * mAj -5 213- 314- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 35 Used Car Dealer-795 Bailey (Lov) PASSED May 14, 2013 Gerald A Chwalinski City Clerk 71, MAY 2.8 2013 -? 7 11 ", ,, 1 [,-.. cf. - J - I I -- 1, , #1 (Rev. IIY3) Single Page Communication to the Common Council To: The Common Council: Date: May 6, 2013 From: Department of Economic Development, Permit & Inspection Services Division: Office of Licenses Tyne in Upper and Lower Case Only Subject: [: Used Car Dealer [: 795 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 795 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 fnd it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Masset William. The attached thereto for Masset William /dba/ Equipment Plus Rentals. 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: JCPS.jad M Interdepartmental Memo Date: May 6, 2013 To: James Comerford, Commissioner From: Patrick Sole Jr., Director of Permits & Inspection Services RE: Common Council Communication Used Car Dealer at 795 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: 5 F a ® Fire Prevention Building Inspection Police Department Police Record Check Application Date Director Permit & Inspection Services O O�- All information on this form is public record BUSINESS LICENSE APPLICATION of Licenses Room 301, Bufflo AMY 14202 Corporation Name , U 1 Busines ;; Phone AIIFMJ Business Name (dba) Business Address (no PQ Box) Mailing Address (if different; 'WS Tax ID # j `j �`� Business Website Owner(s)/ Principal Partners Applicant (last; last) kfi�)1 Home Address (PO Box not acceptable) JW Date of Place Co- Applicant (last first) Houle Address: (PO Box not acceptable) Date of birth Business Fax ( ) E-Mail C<Ak Hdme Phon'e"%P I . /r v- P . III Home Phone Place of Birth Describe your specific business activity in detail. Subscrippd and sworn to before me I am aware of the obligation to provide timely notice of any change in requirod this y of 20 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 ditions to the license or timely abatement of any nuisance activity at or associated Q-ssiEcr of Ifedds is d Or the City afBuffaio, New York the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correc co L I-te d c urrent too the be t of my kn owledge and belief Print Name I / V1 COMMISSIONER OF: On AND FGA, GuFFALO, RI F 01 y tdiycommissionExpires4�s�W � Signature Date CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301.BdWo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 tt d' 1 7 — /� fee be Used Car Dealer $262.50 0 Tire Handier I $118.00 Tire Storage hformation 10 -1000 tires Inside Storage yes —no 0 Second Hand Dealer $118.00 0 Tire Handler,II $262.50 Outside Storage — yes —no over 1000 tires; Include NYS l,aviromnental Conservation Law Part 364; Storage plan and 0 Scrap Processor $ 78.75 General Liability.bsurance at least $50,000 0 Flee Market fee both for personal injury and pi operty damage, 1 -10 tabl °s $ 78.75 0 Wholesale Junk Dealer $262.50 roust contain 10 day cancellation clause with H -25 tables $155.00 the certificate holder as City of Buffalo, Office +26 tables $210.00 of Licenses Room 301, Bufflo AMY 14202 Corporation Name , U 1 Busines ;; Phone AIIFMJ Business Name (dba) Business Address (no PQ Box) Mailing Address (if different; 'WS Tax ID # j `j �`� Business Website Owner(s)/ Principal Partners Applicant (last; last) kfi�)1 Home Address (PO Box not acceptable) JW Date of Place Co- Applicant (last first) Houle Address: (PO Box not acceptable) Date of birth Business Fax ( ) E-Mail C<Ak Hdme Phon'e"%P I . /r v- P . III Home Phone Place of Birth Describe your specific business activity in detail. Subscrippd and sworn to before me I am aware of the obligation to provide timely notice of any change in requirod this y of 20 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 ditions to the license or timely abatement of any nuisance activity at or associated Q-ssiEcr of Ifedds is d Or the City afBuffaio, New York the business. As an authorized agent of the entity identified above, I certify the information on this form is true, correc co L I-te d c urrent too the be t of my kn owledge and belief Print Name I / V1 COMMISSIONER OF: On AND FGA, GuFFALO, RI F 01 y tdiycommissionExpires4�s�W � Signature Date CITY OF BUFFALO 65 Niagara Sq. City Hall Room 301.BdWo, NY 14202 Phone (715) 851 -4078 Fax (716) 851 -4952 tt d' 1 7 — /� 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 EQUIPMENT PLUS RENTALS LLC USED CAR DEALER 795 BAILEY LOVEJOY COUNCIL DISTRICT WILLIAM M MASSET (716)510 -5517 UCD12- 10025353 'N ---------------------------------------------------- -------------------------- (TO BE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) APPROVED: DATE: /.Z - f - ,`Z,O DISAPPROVED: DATE: REMARKS: DISTRICT CAPTAIN: A A,w APPROVED: DATE: DISAPPROVED: DATE: REMARKS: CONMSSIC ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW �" ** AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. P -147C (REV. 3 196) Buffalo Police Department Identifieation Section 74 Franklin Street Buffalo, New York 14202 2212 NO 13 P 2 .1 V There is a $10.00 fee to process this data. By mail, payment MUST be made by money order. DO NOT send cash through the mail. In person, payment can be made by money order or cash;. Checks are not accepted, Make money order payable to the Buffalo Police Department. Be sure to include a stamped, self- addressed envelope so that-this information can be mailed to you. Complete all the information listed below and have your identification and signature verified by a Notary Public (or) Commissioner of Deeds, as listed on the bottom of this application. Without total compliance to these instructions, you WILL NOT receive the requested information. ALL SIGNATURES MUST BE ORIGINAL NAME OF APPLICANT: ` C:� l ' 1C� . S ' IMAIDEN NAME SEX k— 1 RACE �-k7 CURRENT ADDRESS: O DATE OF BIRTH: SOCIAL SECURITY # REASON FOR REQU SIGNATURE OF DATE _41�t j STATE OF NEW YORK COUNTY OF E CITY OF BUFFALO On the } 2 01Z before me personally appeared L < to me known to be the same person described in, and who execrated the foregoing instrument and ackdowledged the execution thereof. BUFFALO, NY CST �a ` Vii' F'.A, E f Notary Public I Commissioner of Deeds ******************TO BE COMPLETED BY IDENTIFICATION SECTION PERSONNEL * * * * * * * * * * * * * * ** * ** ® RECORD ATTACHED VERIFIED BY: NO RECORD ON FILE DATE VM FIED --� SS. APPLICATION RELEASE FORM t4-� -q NOTE: USE OF THIS RMORMATION IS NOT BASED ON FJNGERPRINT MENTIMCATION. DO NOT RETAIN AFTER 60 DAYS FROM DATE VERIFIED KQ YALID UNTIL_STAMPED 0 BUFFALO POLICE DEPARTMENT RAP SHEET RICI #: 10046880 NYSID #: 02968169 -P FBI #: Master Name: MASSET, William M Master DOB: d11111111ba Current Age: 51 Most Recent Address: 1096 ELMWOOD AV, BUFFALO NY US Report Date: 1111312012 14.04 Report Printed By: KING, AMELITE Page: 1 Of 1 . Sex: Male Race: White Ethnicity: Non- Hispanic Arrest Date Incident # Booking Name Charges Booking # First Alias Cts Law Section Sub Att C! Cat Deg NCIC Description 09/11/2005 33UP 05- 2540425 MASSET, william M 1 FL 165.40 N A M 5 ' 2804 CRIM POSSESSION STOLN PROP -5TW 05- 10740 -20 (A * Not based on Fingerprints ON ifZ .L Nq1V I 7 0 CITY OF BUFFALO OFFICE OF LICENSES 341 CITY HALL BUFFALO, NY 14242 INSPECTION TYPE: FIRE REFERRED TO: LT. GERALD WHALEN APPLICATION FOR: EQUIPMENT PLUS RENTALS LLC LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: ►il1 DISAPPROVAL REASON: USED CAR DEALER 795 BAILEY LOVEJOY COUNCIL DISTRICT WILLL&M M MASSET (716)510 -5517 UCD12- 10025353 ---------- - - - - -- ----------- _---------------------- - - - - -- (TO BE COMPLETED BY AGENCY/DEPARTMENTREFERRED TO) O.OF VEHICLES ALLOWED APPROVED: DATE: 2— c? -- DISAPPROVED: DATE: DISAPPROVAL DATE: REMARKS: INSPECTOR: f7Tm H EXT AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES. THANK YOU. ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** CITY OF BUFFALO OFFICE OF LICENSES 301 CITY .HALL BUFFALO, NY 14202 INSPECTION TYPE: REFERRED TO: APPLICATION FOR: LICENSE TYPE: BUSINESS ADDRESS: LOCATED AT: COUNCIL DISTRICT: APPLICANT NAME: APPLICANT PHONE: APPLICATION NO: REFERRAL DATE: REMARKS: DISAPPROVAL REASON: BUILDING KEVIN FITZGERALD EQUIPMENT PLUS RENTALS LLC USED CAR DEALER 795 BAILEY LOVEJOY COUNCIL DISTRICT WILLIAM M MASSET (716 )510 -5517 UCD12- 10025353 ---------------------------------------------------------------------------------------------------- (TO DE COMPLETED BY AGENCY/DEPARTMENT REFERRED TO) MAX. NO.OF VEHICLES ALLOWED PPROVED: DATE: 2 DISAPPROVED: DATE: DISAPPROVAL INSPECTOR: DATE: ** *REASON FOR DISAPPROVAL MUST BE STATED BELOW * ** RM9 �. EXT -�I AFTER INSPECTION PLEASE COMPLETE AND RETURN THIS REFERRAL TO THE OFFICE OF LICENSES, THANK YOU. \�� 1 Used Car Dealer --- 795 Bailey (Lov)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Economic Development, Permit and Inspection Services, dated May 6; 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Masset William d/b /a Equipment Plus Rentals, located at 795 Bailey. Approved. C: VmoinskMppData4.acaIN!Crosoft\W indowslTemporary Tntemet Files\Cantent.Dutlook10X32QV W6kused car dealer -70 Bailey.docx m *A)T*N W FONTANA FWcZYK GOLOYMM LOCURTo PMMGEN . MVERA sCAMOx erg 213- 5 3/4- 7 #3 (Rev 1 -02) 0 0 0 a C Certificate of Appointment \6 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: 4129113 in the Department of Inspections Division of Permit & Inspection Services to the Position of Electrical Inspector Permanent, Provisional, Temporary, Seasonal (Insert one) TEMPORARY Appointment, Promotion, Non- Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) FIFTH STEP jEnter Starting Salary) : Starting Salary of $55,508 LAST JOB TITLE NAME Kevin O'Connor LAST DEPARTMENT DATE 4116113 ADDRESS 303 Choate Ave LAST SALARY 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 16550001 TITLE CODE NO 2970 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -170 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: - . is._! SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #6- HUMAN SERVICESICIVIL SERVICE #7- BUDGET #8- DEPARTMENT #9- DIVISION #10 EMPLOYEE(S) 3� FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS May 14, 2013 POSITION ALLOCATION MAINTENANCE FORM Title `� JUNIOR COLLECTION OFFICER l �' Department/Division Administration, Finance Policy & Urban Affairs Start Date t�.: - J c 4 Original PR No. 2010 -182 Title Code No. 0708 Salary 33,722 - ) Budget Function No. 11556001 o, Reason for appointment (check one) ® Status Change ❑ Reinstatement ❑ Replacement ❑ Extension Type of Status Change (check one) Type of Appointment ® Permanent ❑ Contingent Permanent ❑ Provisional ❑ Temporary ❑ Seasonal Comments Employee Information: Nam Name CAROLYN E, MA SS# Date Address 257 WESTM1NIS R / DOB city Buffalo I State j NY Zip Code 14215 r Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ❑ From Temporary to Provisional ® From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification } ❑ Exempt ❑ Competitive ❑ Non - Competitive RE FERRED TO THE COMMITTEE ON CIVIL SERVICEa =' Si Fa f Appointing Authori Date ' ..... ' Signature of Director of Budget Date Sig of Adm. Director of Civil Service Date r Send original copy signed by Dept. Head to Budget Send or e-mail Civil Service a copy When approved copy is returned, send a copy to Audit along with file maintenance form, City Clerk and Budget ❑ From Temporary to Provisional ® From Temporary to Permanent ❑ From Provisional to Permanent ❑ From Contingent Permanent to Permanent ❑ Other Classification } ❑ Exempt ❑ Competitive ❑ Non - Competitive RE FERRED TO THE COMMITTEE ON CIVIL SERVICEa m COMMISSIONER OF PARKING May 14, 2013 I City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 38 PASSED May 14, 2013 Electrical Lighting Upgrade Gerald A Chwalinski City Clerk MAY 28 2013 11 -C Wd 9Z OW MI # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL .TO: THE COMMON COUNCIL: DATE: May 9, 2013 FROM: DEPARTMENT: Parkin DIVISION: Parkin Enforcement ( _. SUBJECT: [: Electrical lighting Upgrade PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xxlxxtxx TEXT: (TYPE SINGLE SPACE BELOW Permission is requested from your Honorable Body to allow the Department of Parking to enter into two agreements with National Grid. These agreements will upgrade the existing lighting at the Mohawk parking ramp and Ellicott -Oak surface lot to high efficiency LED lighting fixtures. The total cost of the Mohawk parking ramp upgrade is $74,807.10. National Grid will contribute $35,174.47. The Department of Parking will pay the balance of $39,632.63. We anticipate annual savings of $11,937.54. This results in a 3.32 year payback. On the Ellicott -Oak surface lot the total cost is $14,979.42. National grid will contribute $10,603.61, the balance $4,375.81, will be paid by the department of parking. This will result in annual savings of $2,514.83, resulting in a 1.74 year payback. We are also requesting permission to receive the estimated National Grid contribution as part of the above agreements. Funding is available in the Parking Enterprise Fund, Org 51008207470010. TYPE DEPARTMENT HEAD NAME: Kevin J. Helfer TYPE TITLE: missio er SIGNATURE IF DEPARTMENT HEAD: I. Electrical Lighting Upgrade (Parking) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated May 9, 2013,. be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to enter into agreements with National Grid to upgrade the existing lighting at the Mohawk Parking Ramp and Ellicott -Oak surface lot to high efficiency LED lighting fixtures. The total cost of the Mohawk Parking Ramp upgrade is $74,807.10 (National Grid will contribute $35,174.47 and the Department of Parking will contribute $39,632.63). The total cost of the Ellicott -Oak surface lot upgrade is $14,979.42 (National Grid will contribute $10,603.61. The Department of Parking will contribute $4,375.81). Funding for this project is available in Parking Enterprise Fund, Ord. 51008207470010. PASSED C:1 UsersllmoinskiL 4ppDatal Loca[\MicrosoftlWindowskTemporary Intemet FileslContent.Outlook10X32Q V W6T[ectrical Lighting Upgmde.docx 3 � lob *AIE*NO* FONTANA FRMCZYK r GOLOMM LOCURTO PPJDGw PIVM Rugs= SCANLON ms j-5 213- 6 34- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 39 PASSED May 14, 2013 Permit for Use of State Owned Land Gerald A Chwalinski City Clerk MAY 2.8 2013 0 71 -1! #.1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL l 1 TO: THE COMMON COUNCIL: DATE: May 9, 2013 FROM: DEPARTMENT: Parkin DIVISION: Parking Enforcement SUBJECT: [: Permit for Use of State Owned Land G PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. Item No. xxx C.C.P. xxlxxlxx Permission is requested from your Honorable Body to enter into an agreement with the NY State Department of Transportation. The agreement is a Permit for Use of State -Owned Property. The State owns the property located under the Skyway, bounded by UppenTerrace, Erie Street, Lower Terrace, and the bridge abutment. AIIPro Parking is the operator of the lot and leases it for $1200 /month. The City of Buffalo will keep $600 /month and will remit to the DOT $600 /month. Attached, please find Permit Account #51179. TYPE DEPARTMENT HEAD NAME: Kevin J. Helfer TYPE TITLE: mmissionr �a SIGNATURE IF DEPARTMENT HEAD: ' 5°� ROW 75n (2/10) Permit Type: AIRSPACE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REAL ESTATE DIVISION PERMIT FOR USE OF STATE -OWNED PROPERTY P.I.N.: 5019.01.201 INVENTORY NO.: Permit Account No.: 51179 Property Location: UNDER SKYWAY BRIDGE BOUNDED BY UPPER TERRACE, ERIE ST., LOWER TERRACE & ABUTMENT OF BRIDGE Project: BUFFALO SKYWAY BRIDGE Map No.(s): NIA Parcel No.(s): County: Erie Town/City/Village: Buffalo THIS PERMIT, made this X day of , X20 between City of Buffalo Board of Parking 1801 City Hall Buffalo, NY 14202 hereinafter referred to as "Permittee ", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "the State ", WITNESSETH: WHEREAS the State is the owner of the above identified property, hereinafter referred to as "property" or "premises "; and WHEREAS the Permittee wishes to use and occupy said property; NOW, THEREFORE, the State hereby grants this permit to the Permittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used'only for the purpose of: PARKING and for no other purpose whatsoever. 2. The fee to be charged shall be: 50% of bid amount (see attached Additional Provisions to Permit, page 5,2 paragraph) per YEAR beginning 10/1/2012. 3. Payment of fee is due on the first of the month unless otherwise stated. Fee must be paid by check, bank cashier's check or money order payable to "Department of Transportation" and mailed or delivered to: New York State Department of Transportation Revenue Unit, POD 5 -2 50 Wolf Road Albany, New York 12232 4. The Permittee understands and agrees that if the full amount of the fee as stated herein is not paid within thirty days from the date billed as indicated on the billing invoice, interest penalties and collection fees will be imposed under the provisions of Chapter 55 of the Laws of 1992. 17. Permittee shall not sublet the premises nor assign or transfer the permit to any other parties in part or in whole without the prior written consent of the State. Failure to comply with this provision may result in ten (10) days written notice of cancellation of the permit by the State, and the State may immediately take possession and terminate all rights of the Permittee as of such moment. 18. It is understood and agreed by and between the parties that the Permittee will( ) will not (�j be entitled to any relocation benefits provided under State and Federal law. 19. Permittee agrees and understands that the State is under no obligation to sell the property to the Permittee and that no commitment, express or implied, is made by the State to give the Permittee any preemptive right of purchase. 20. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non - discrimination provisions, the Permittee will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, or marital status. Neither shall the Permittee discriminate in the use of the premises or any access thereto if such premises are used as a public accommodation or in connection with a public service. 21. Permittee hereby agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason of the use or misuse of the premises under this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises, caused by Permittee, its employees, agents or invitees. 22. If any of the provisions of this permit are held invalid, such invalidity shall not affect or impair other provisions herein which can be given effect without the invalid provisions, and to this end the provisions of this permit are severable. 23. This permit shall not be effective unless accepted and approved in writing by the State. 24. Additional provisions to permit: See Page 5 I , 1 �� Additional Provisions to Permit # 51179 The Permittee must limit use and occupancy to the State premises as delineated on attached Appendix A. This permit covers the area shown on the attachment exclusiive of the area occupied by walls, columns, piers, or any other part of the highway structure located at ground level. In vertical dimension, it extends from the existing ground surface upward, however, as to any area under an elevated structure or within fifteen feet measured horizontally from such structure, the vertical dimensions shall be from the ground surface to a horizontal plane eight feet below the under side of the elevated structure. The purpose of this permit is to allow the permittee the right to sublease the State-owned/jurisdiction property THE PERMTTTEE MUST OBTAIN A N.Y.S. DEPARTMENT OF TRANSPORTATION HIGHWAY WORK PERMIT PRIOR TO ENTERING THE STATE PREMISES WHEN ANY WORK IS TO BE PERFORMED ON THE STATE PREMISES. The Permittee accepts the State premises in its "as is" condition. The State makes no representation as to the absence of underground storage tanks, contaminated soils, hazardous waste, structures, or any other unknown features or similar underground impediments. Should the Permittee find some underground impediments, the, State shall not be responsible or obligated to remove, remedy, or otherwise deal with such impediments or clean -ups. The State will allow the Permittee to rectify the situation using accepted engineering practices that are approved by the N.Y.S. Department of Transportation. Should the Permittee determine that such unforeseen underground impediments render the Permittee's work infeasible, the Permittee shall have the option of restoring the State premises to its original condition and not performing such work. Upon termination of this permit, the Permittee shall return the subject State premises to its original condition, or to a condition acceptable to the N.Y.S. Department of Transportation. No lights, wires, signs or any other fixtures may be attached to the highway structure, including supporting columns. Any access from this area to a city street shall be established and maintained at locations and in a manner approved by the Commissioner and by the City of Buffalo and the Department of Transportation. No signs shall be permitted except, those required to conduct parking operation. Advertising of any nature will be prohibited in the permit area. Permittee will not permit the placing,.parking, or storing of vehicles, equipment, or other material within five feet of any column or other structure supporting the highway structure and will provide and maintain means of protecting such supporting columns in a manner approved by the Commissioner. Fencing, if any, will be fireproof material and will facilitate natural ventilation. The permittee shall assume all liability for damage, theft, pilferage or vandalism caused to any vehicles or other property. If it is found necessary that additional reasonable barricades be installed or other protective measures should be taken to protect the structure or pedestrians, the permittee must comply within ten days. The Commissioner reserves the right and privilege of access to and from the area when it deems it is reasonable or necessary to maintain, paint, or repair any part of the structure and upon request the permittee agrees it will not only allow access but will also close such areas designated by the State as needed for these purposes. The permittee agrees that it will hold the State completely harmless from any and all liability which may be asserted or claimed against it caused by the seepage of any salt or other materials used by the State on the surface or pavement of the structure which may fall and cause damage to veheiles or equipment. It is the sole responsibility of the permittee to determine when various parts of the parking lot or all of it must be closed to avoid such damage. Any improvements or amenities are subject to the approval of the Commissioner of Transportation or his representatives. The Permittee shall maintain any other structures constructed by the Permittee in the permit.area. These structures, however, erected and constructed, shall remain the personal property of the Permittee, and shall be removed by the Permittee at no cost to the State, upon the termination of this permit. The Permittee shall provide sufficient vertical and horizontal clearance for any reconstruction, maintenance, ventilation and safety of the highway facilities. The Permittee shall hold the State of New York and/or the Department of Transportation and /or the Commissioner and his representatives and employees harmless from any liability for injury or damages caused by falling objects such as ice, snow, bridge k � L 3 } \ I- V ,t� A N STREET f � b i N O SCA APPEND) Permit for Use of State -Owned Land (Parking) Mr. Smith moved: That the above item be, and the above communication from the Department of Parking, dated May 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Parking to enter into an agreement with the New York State Department of Transportation to use state -owned property located under the Skyway, bounded by Upper Terranee, Erie Street, Lower Terrace and the bridge abutment. PASSED C:\ Users Vmcinski\AppData\Local\Miemsoft\Windows \Tamporary Imemet Files \Content.Outlaak \OX32Q V W65Permit for Use of State -owned land.docx M - AYE NO FONTANA FRANC . GOLOAID LOCURTO I=QN . FIVEU Rus CA1U OR 314- 7 O ' 5 FROM THE COMMISSIONER OF HUMAN RESOURCES May 14, 2013 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 40 PASSED May 14, 2013 Request to Enter Into Contract Great Lakes Physician Sery - Physicals and Drug Testing Gerald A Chwalinski City Clerk 3 I kI MAY 2 8 2013 b :C Lid 3i?, f�' [fez '_s �JJ3 i 1b SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: COMMON COUNCIL DATE: MAY 9, 2013 FROM: DEPARTMENT: HUMAN RESOURCES /CIVIL SERVICE SUBJECT: [: REQUEST TO ENTER INTO CONTRACT [: GREAT LAKES PHYSICIAN SERVICES [: PHYSICALS AND DRUG TESTING [: NEW, CURRENT & RETURNING EMPLOYEES 193MIK1 4K91 01121411IR aaaR11061�0f«T�Ta The Department of Human Resources /Civil Service solicited proposals for physicals and drug testing for new hire, current and returning employees. The RFP team selected the bid of Be Well Healthcare Medicine dlb /a Great Lakes Physician Services for said services. The Department of Human Resources /Civil Service respectfully requests authorization from the Common Council to enter into contract with Great Lakes Physician Services. The contract will begin as soon as possible and will be in- effect for a period of one (1) year with the mutual option of three (3) additional periods of one (1) year each. P. . IIJ r COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES 40 -0� BYRON W. BROWN MA YOR C ITY OF BUFFALO DEPAR'T'MENT OF LAVA INTERDEPARTMENTAL CORRESPONDENCE p, r r � I TIMOTHYA. BALL CORPORATION COUNSEL TO: Nicholas Heidin er -- Dept. of HR/Civil Service DATE; May 3, 2013 RE: CONTRACT APPROVAL GREAT LAKES PHYSICIAN SERVICES WE ARE RETURNING HEREWITH, APPROVED AS TO FORM ONLY, THE ABOVE REFERENCED CONTRACT ONCE ALL REQUIRED APPROVALS & SIGNATURES HAVE BEEN OBTAINED, PLEASE FORWARD A FULLY EXECUTED COPY OF THE CONTRACT TO THIS OFFICE FOR OUR RECORDS. TIMOTHY A. BALL, t MAR ASSII, ATTACHMENT TION COUNSEL 65 NIAGARA SQUARE / 1 100 CITY HALL/ BUFFALO, NEW YORK 14202 -3379/ (714) 851 -4343/ FAX (71 b) 851 -4105/ www.city- buffalo.com NEW HIRE, CURRENT AND RETURNING EMPLOYEE PHYSICALS AND DRUG TESTING CONTRACT This Contract, made as of the of 2013 by and between the City of Buffalo, a municipal corporation organized under the laws of the State of New York with its _ principal office at 65 Niagara Square, Buffalo, New York 14202 (hereinafter the "City ") through its Human Resources Department, Civil Service Division, and Be Well Healthcare Medicine, a Professional Limited Liability Company d/b /a Great Lakes Physician Services (hereinafter "Great Lakes Physician Services ") with offices located at 462 Grider Street, Buffalo, New York 14215. — WITNESSETH: WHEREAS, on February 15, 2012, the City issued a Request for Proposals ("RFP ") seeking submissions from all interested parties to provide services for new hire, current and returning current employee physicals and drug testing for the Human Resources Department, Civil Service Division, a copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, on March 9, 2012, Great Lakes Physician Services, submitted a proposal to the City to perform the aforesaid services, and the proposal has been found acceptable by the City and is incorporated herein and made a part hereof as Exhibit B; and WHEREAS, the City requires the services of Great Lakes Physician Services to provide services for medical screening and drug testing for the Department of Human Resources, Civil Service Division; and WHEREAS, on , the City of Buffalo Common Council authorized the Department of Human Resources, Civil Service Division to accept the proposal of Great Lakes Physician Services, and enter into an agreement to perform the aforesaid services; and WHEREAS, it is in the best interests of the City and the Human Resources Department, Civil Service Division, to engage the services of Great Lakes Physician Services. NOW, THEREFORE, in consideration of the mutual, agreements set forth below the parties agree as follows: ]. DESCRIPTION OF SERVICES AND COMPENSATION CONSULTATION Great Lakes Physician Services will provide medical services to the City and will have direct involvement in the following aspects of employee health for the City as follows: I. New Hire Physicals: a. Police Officers b. Firefighters. c. All others as referred by Civil Service for medical evaluation. 2. Post offer drug testing: a. Police Officers b. Firefighters. c. All others as referred by Civil Service for medical evaluation. 3. New hire and current employee vaccinations as required by law and position. Description of services continued: A. Great Lakes Physician Services will perform medical examinations and drug testing, Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m. • Potential employees must complete a medical health questionnaire (previously approved by the City), to be reviewed by the medical examiner and must include, but not be limited to, previous injuries and medical conditions /illnesses/ surgeries. • The medical examination shall consist of, but may not be limited to, an examination of every body system: eyes, ears, heart, lungs, extremities, etc. B. When drug testing is required, Great Lakes Physician Services will administer a 10 panel drug test, unless otherwise specified, and submit results to the City within 2 days of the test. The results will be received by a designee(s) of the Human Resources Commissioner. C. Great Lakes Physician Services agrees that on occasion, additional days or extended hours to perform medical exams may be required to meet the City's hiring deadlines. D. The City will schedule all appointments with Great Lakes Physician Services. E. Great Lakes Physician Services will on occasion test at on -site locations as designated by the City. F. Great Lakes Physician Services will submit by fax or e -mail to the City's designee, within 2 days of the medical exam, a form indicating whether the individual passed or failed the medical exam. Should an individual fail a medical exam, notes will be provided that detail as to the reason for the failure, and will cite to any applicable statute or rule regarding the standards for the position for which the employee was considered (i.e. standards for police or firefighters). Additional time needed for specific situations will be mutually agreed upon. G. Great Lakes Physician Services will invoice monthly, with a list of each examine and the services provided, as well as the charge for each service and will provide individual invoices, if required. Such invoices will be only for items pertaining to this contract with Department of Human Resources, Civil Service Division. H. The City will submit payment to Great Lakes Physician Services on a monthly basis and in accordance with the number of physicals and other tests performed during that pay period. I. Great Lakes Physician Services will, when the City is scheduled for Police Officer or Firefighter Academy classes, provide a more comprehensive medical exam in accordance with requirements as set forth by the City of Buffalo, Municipal Police Training Council lxtt�2;// criminaljustice .state.ny.us /legalservices/mptc regs.htm (for Police Officer candidates), and NFPA 1582 Guidelines www.nfpa.org (for Firefighter candidates). I Great Lakes Physician Services will, when the City is testing entrance -level Police Officer and Firefighter candidates, or any other large group of candidates for a hiring period, schedule multiple medical exams /drug tests over a 5 —10 day period, or as may be required. In addition, the respective tests /screenings will be performed in accordance with the specific guidelines /standards, when applicable, as stated in this Agreement and/or by law. K. Great Lakes Physician Services will administer a more comprehensive medical exam to any othex candidate, if requested. L. Great Lakes Physician Services will provide reports, documents and testimony if needed in any litigation matter which may arise with regard to this contract that involves the City of Buffalo. M. Great Lakes Physician Services will administer other medical exams as scheduled by the Department of Human Resources, Civil ,Service Division as required, and will invoice the Buffalo Municipal Housing Authority (BMHA) directly. N. The City acknowledges that all Great Lakes Physician Services' labs will be sent to Quest Diagnostics. The City agrees to compensate Great Lakes Physician.Serviees for its services mentioned above, at the following fees for service(s) schedule: Police New Hire Candidates: Candidate evaluations are conducted following the American College of Occupational and Environmental Medicine ( ACOEM) Guidance for the Medical Evaluation ofLaw Enforcement Officers and New York State Municipal Police Training Council (MPTQ guidelines: 1. Cadet History & Physical (following ACOEM and MPTC Guidelines) $100.00 i. Includes prior occupational exposure history ii. Vital signs (blood pressure, pulse, respiratory rate) iii. Head, ears, eyes, nose and throat (HEENT) iv. Neck v. Cardiovascular Vi. Pulmonary vii. Gastrointestinal (GI) viii. Genito Urinary (GU) ix. Lymphatics x. Neurological xi. Musculoskeletal 2. Vision Screening (acuity, color, strabismus) $ 30.00 3. Electrocardiogram with interpretation $ 31.25 4. Tuberculosis test (PFD) (with 48 -72 hours post - placement) $ 15.00 5. Audiometric screen $ 24.30 6. Urine dip stick with reflex $15.00 7. Drug Test (10 panel) $ 30.00 Total per exam $245.55 Discounted Total per exam $175.0.0 N Fire Fighter New Hire Candidates: Candidate Evaluations are conducted following National Fire Protection Agency (NF'PA)1582 Guidelines and are conducted prior to participation in departmental emergency response activities. Candidates that do not meet the physical standards to perform the Essential Job Tasks outlined in NFPA 1582 will be identified, Medical History and Physical Examination $100.00 i. Includes prior occupational exposure history ii. Vital signs (blood pressure, pulse, respiratory rate) iii. Head, ears, eyes, nose and throat (HEENT) iv. Neck v. Cardiovascular vi. Pulmonary vii. Gastrointestinal (GI) viii. Genito Urinary (GU) ix. Lymphatics x. Neurological A. Musculoskeletal xii. Skin 2. Vision screening (acuity, color, strabismus) $ 30.00 3. Pulmonary function per American Thoracic Society (ATS) guidelines $ 35.90 4. Qualitative Fit testing including medical clearance --mask fit (N95) $ 30.00 5. Quantitative Fit testing for self-contained breathing apparatus (SCBA) using Portacount - machine fit $ 20.00 6. Urinalysis with reflex micro $15.00 7. Blood Count (CBC) with differential $ 27.15 8. Electrolyte panel with renal function $ 29.57 9. Liver Function Test (LFC) $ 27.50 10. Lipid profile $ 46.80 11. Prostate - Specific Antigen (PSA) Test (age over 50yrs) $ 64.25 12. Audiogram (500 - 8,000 Hz) $ 24.30 13. Electrocardiogram(EKG) $ 31.25 14. Tuberculosis test (PPD) $ 15.00 Total per exam $496.72 Discounted Total per exam $350,00 It is also recommended that new hire Pure fighters receive Hepatitis A and Hepatitis B vaccination. Each requires a series of injections. Each new hire will either waive or receive the vaccination. A. Hepatitis B vaccination (requires 3 dose series) $ 63.00 /dose B. Hepatitis A vaccination (requires 2 doses) $ 99.00 /dose C. Twinrix (combination Hepatitis A & B, 3 closes required) $100.00 /dose Additional Testing — As required by position /title A. Return to work/Fitness For Duty exam $ 50.00 B. New Hire and promotional physical $ 45.00 C. 10 -panel $ 30.00 D. Chest X -Ray (2 view) - Firefighter $133.75 E. Fit Test with Medical CIearance (N95) — asbestos (abatement) $ 30.00 F. Fit test only (qualitative or quantitative) - Firefighter $ 20.00 G. Pulmonary Function Testing - Firefighter $ 35.90 2. COMPENSATION A. Great Lakes Physician Services shall be compensated for it services in an amount not to exceed the sum of . The total compensation provided herein shall not exceed this maximum amount without a written amendment to this Agreement authorized by the Buffalo Common Council and signed by both parties. B. Compensation provided under this Agreement constitutes full and complete payment for all costs assumed by Great Lakes Physician Services in performing this Agreement including, but not limited to, salaries; costs of materials and supplies; printing and reproduction; attendance at meetings, consultations and presentations; clerical costs; travel expenses; postage; telephone; and all similar expenses. No direct costs shall be reimbursed by the City without specific prior written approval of the City prior to their expenditure and, in any event, payment of such expenses shall not exceed the maximum compensation amount pursuant to the terms of Paragraph A above. C. Payments to Great Lakes Physician Services under this Agreement shall be made by the City on approval of payment requisitions certified by a principle of Great Lakes Physician Services. Each requisition shall be in a form acceptable to the City and shall identify the work performed and completed, as appropriate, and the compensation due to Great Lakes Physician Services. The City may, prior to making any payment under this Agreement, require Great Lakes Physician Services to submit to it such additional information with respect to Great Lakes Physician Services' costs, as it deems necessary. D. The acceptance by Great Lakes Physician Services, its successors or assigns, of any payments made on the final requisition under this Agreement, or of any final payment due on termination hereof, shall constitute a full and complete release of the City, its agents and employees, from any and all claims, demands and causes of action whatsoever which Great Lakes Physician Services, its successors or assigns have or may have against the City under the provisions of or in connection with this Agreement. 3. TIME PROVISIONS A. Great Lakes Physician Services shall complete the services set forth in the Agreement in accordance with a schedule established by the Commissioner of Human Resources. Notwithstanding the foregoing, this Agreement shall remain in effect until the services required hereunder are completed in accordance with the terms herein, unless otherwise terminated by either party. t . B. If Great Lakes Physician Services' performance has been delayed and, as a result, will be unable to be timely completed, fully and satisfactorily and in compliance with such deadlines, Great Lakes Physician Services shall be responsible for filing a proper request for an extension of time. If the cause of such delay is in no part due to or caused by the actions, omissions or fault of Great Lakes Physician Services, or its agents, servants, partners or employees, then Great Lakes Physician Services shall be entitled to additional compensation, as mutually agreed to by the parties, to remunerate Great Lakes Physician Services for any additional services required as a result an extension. To the extent that such delay is due to any extent to the actions, omissions or fault of Great Lakes Physician Services, its agents, servants, partners or employees, Great Lakes Physician Services shall not be entitled to additional compensation for the services required in connection with the extension and Great Lakes Physician Services agrees that it shall make no claims for damages for any delays or hindrances from any cause whatsoever. 4. PERFORMANCE OF SERVICES Great Lakes Physician Services agrees to perform the services herein described in a manner consistent with that level of care and skill ordinarily exercised by other medical professionals and in accordance with the general directions given by the City of Buffalo Civil Service Division or their designees and that such services shall be performed in a timely manner. 5. TERMINOTICES The term of this Contract shall be for the period of one year commencing on 2013 and terminating , 2014. This Contract may be extended upon mutual agreement of the parties, for three (3) additional periods of one year each. Any extension entered into must be in writing, with all terms remaining the same. The City reserves the right to unilaterally terminate all or part of said contract with or without cause, upon thirty (30) days written notice. To the City: Department of Human Resources City of Buffalo 1007 City Hall Buffalo, New York 14202 To the Contractor: Attn: David P. Hughes, M.D. Great Lakes Physician Services 462 Grider Street Buffalo, New York 14215 Either party may, from time to time designate, by written notice, pursuant to this section another address or representative to which such notice or communications should be sent. 6. RELATIONSHIP OF THE PARTIES Great Lakes Physician Services and the City agree that Great Lakes Physician Services is an independent contractor, and not an employee of the City and that in accordance with such status as an independent contractor, Great Lakes Physician Services covenants and agrees that it will not bold itself out as, nor claim to be, an officer or employee of the City, including but not limited to: worker -- compensation coverage, unemployment insurance benefits, social security coverage, medical, dental or health insurance coverage, or employee retirement membership or credit by reason of this Contract. Great Lakes Physician Services shall not have the authority to bind or contract for the City, or any Department agency or unit thereof, or to make or incur indebtedness, liability or obligation on behalf of the City, or any department, agency or unit thereof. This Contract shall not be construed as creating an exclusive contract for services. The City retains the right to contract with others to provide like or similar services. Great Lakes Physician Services retains the right to provide such services to parties other than the City in its sole discretion. 7. CONFIDENTIALITY Great Lakes Physician Services recognizes that all medical and other personnel records and information obtained either directly or indirectly, is confidential and agrees that they will not divulge, disclose or communicate in any manner any such information to any third party without the prior consent of the City. Great Lakes Physician Services agrees to comply with all applicable Federal and State laws and regulations governing confidentiality of records. The confidentiality provisions of this Contract shall remain in full force and effect after the termination of this Contract. S. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT The City and Great Lakes Physician Services mutually agree to comply with the requirements of the implementing regulations at 45 Code of Federal Regulations ( "C.F.R "} Parts 160 -64 for the Administrative Simplification provisions of Title H, Subtitle F of the Health Insurance Portability and Accountability Act of 1996 ( "HIPAX ). 1.Privacy of Protected Health Information. (a) Permitted Uses and Disclosures Great Lakes Physician Services is permitted to use and disclose Protected Health Information that it creates or receives on City's behalf or receives from the City (or another Great Lakes Physician Services of City) and to request Protected Health Information on the City's behalf (collectively, "City's Protected Health Information ") only as follows: (i) Functions and Activities on City's Behalf To perform functions, activities, services, and operations on behalf of City as specified in Agreement. (ii) Great Lakes Physician Services' Operations For Great Lakes Physician Services' proper management and administration or to carry out Great Lakes Physician Services' legal responsibilities, provided that, with respect to disclosure of City's Protected Health Information, either: a. The disclosure is required by Law; or b. Great Lakes Physician Services obtains reasonable assurance, evidenced by written contract, from any person or entity to which Great Lakes Physician ,Services will disclose City's Protected Health Information that the person or entity will: - i. Hold City's Protected Health Information in confidence and use or further disclose City's Protected Health Information only for the purpose for which Great Lakes Physician Services disclosed City's Protected Health Information to the person or entity or as Required by Law; and 0 u. Promptly notify Great Lakes Physician Services (who will in turn notify City in accordance with Section 4(a) of this Amendment) of any instance of which the person or entity becomes aware in which the confidentiality of City's Protected Health Information was breached. b) Minimum Necessary . Great Lakes Physician Services will, in its performance of the functions, activities, services, and operations specified in Section I (a) above, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of City's Protected Health Information reasonably necessary to accomplish the intended purpose of the use, disclosure or request, except that Great Lakes Physician - Services will not be obligated to comply with this minimum necessary limitation with respect to: (1) Disclosure to or request by a health care provider for Treatment; (ii) Use for or disclosure to an individual who is the subject of City's Protected Health Information, or that individual's personal representative; (iii)Use or disclosure made pursuant to an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of City's Protected Health Information to be used or disclosed, or by that individual's personal representative; (W)Disclosure to the United States Department of Health and Human Services ("DHHS ") in accordance with Section 5(a) of this Amendment; (v) Use or disclosure that is Required by Law; or (vi)Any other use or disclosure that is excepted from the minimum necessary limitation as specified in 45 C.F.R. § 164.502(b)(2). (e) Prohibition on Unauthorized Use or Disclosure GREAT LAKES PHYSICIAN SERVICES will neither use nor disclose City's Protected Health Information, except as permitted or required by this Amendment or in writing by City or as Required by Law. This Amendment does not authorize Great Lakes Physician Services to use or disclose City's Protected Health Information in a manner that will violate the 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information" ( "Privacy Rule ") if done by City, except as set forth in Section I(a)(ii) of this Amendment. (d) Information Safeguards (i) Privacy of City's Protected Health Information. Great Lakes Physician Services will develop, implement, maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of City's Protected Health Information. The safeguards must reasonably protect City's Protected Health Information from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this Amendment. Great Lakes Physician Services will keep these security measures current and will document these security measures in written policies, procedures or guidelines, which Great Lakes Physician Services will provide to City upon City's request. (ii) Security of City's Electronic Protected Health Information Great Lakes Physician Services will develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic Protected Health Information that Great Lakes Physician Services creates, receives, maintains, or transmits on City's behalf as required by the Security Rule, 45 CY.R. Part 164, Subpart C. Great Lakes Physician Services will keep these security measures current and will document these security measures in written policies, procedures or guidelines, which Great Lakes Physician Services will provide to City upon City's request. (e) Subcontractors and AEents Great Lakes Physician Services will require any of its subcontractors and agents, to which Great Lakes Physician Services is permitted by this Amendment or in writing by City to disclose City's Protected Health Information, to provide reasonable assurance, evidenced by written contract, that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to City's Protected Health Information that are applicable to Great Lakes Physician Services under this Amendment. 2.Compiiance with Transaction Standards. If Great Lakes Physician Services conducts in whole or part electronic Transactions on behalf of City for which DHHS has established Standards, Great Lakes Physician Services will comply, and will require any subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162. Great Lakes Physician Services will not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of Standard Transactions on behalf of City that: (a) Changes the definition, data condition, or use of a data element or segment in a Standard Transaction; (b) Adds any data element or segment to the maximum defined data set; (c) Uses any code or data element that is marred "not used" in the ,Standard Transaction's implementation specification or is not in the Standard Transaction's implementation specification; or -(d) Changes the meaning or intent of the Standard Transaction's implementation specification, 3,Individual Rights. (a) Access Great Lakes Physician. Services will, within 10 business days following City's request, make available to City or, at City's direction, to an individual (or the individual's personal representative) for inspection and obtaining copies City's Protected Health Information about the individual that is in Great Lakes Physician Services' custody or control, so that City may meet its access obligations under 45 C.F.R. § 164.524. (b) Amendment. Great Lakes Physician Services will, upon receipt of written notice from City, promptly amend or permit City access to amend any portion of City's Protected Health Information, so that City may meet its amendment obligations under 45 C.F.R. § 164.526. (c) Disclosure Aceountin So that City may meet its disclosure accounting obligations under 45 C.F.R. § 164.528: (i) Disclosures Subject to Aecountin Great Lakes Physician Services will record the information specified in Section 3(c)(iii) below ( "Disclosure Information ") for each disclosure of City's Protected Health Information, not excepted from disclosure accounting as specified in Section 3(c)(ii) below, that Great Lakes Physician Services -- makes to City or to a third party. (ii) Disclosures Not Subject to Accounting Great Lakes Physician Services will not be obligated to record Disclosure Information or otherwise account for disclosures of City's Protected Health Information: a. That occurred before April 14, 2003; 0 b. For Treatment, Payment or Health Care Operations activities; : c. To an individual who is the subject of City's Protected Health Information disclosed, or to that individual's personal representative; d. Pursuarifto an authorization compliant with 45 C.F.R. § 164.508 that is signed by an individual who is the subject of City's Protected Health Information disclosed, or by that individual's personal representative; e. For notification of and to persons involved in the care or payment related to the health care of an individual who is the subject of City's Protected Health Information disclosed and for disaster relief; f. To law enforcement officials or correctional institutions in accordance with 45 C.F.R. § 164.512(k)(5); g. For national security or intelligence purposes in accordance with 45 C.F.R. § 164.512(k)(2); h. In a Limited Data Set; 1. Incident to a use or disclosure that Great Lakes Physician Services is otherwise permitted to make by this Amendment; and j. Otherwise excepted from disclosure accounting as specified in 45 C.F.R. § 164.528. (iii) Disclosure Information With respect to any disclosure by Great Lakes Physician Services of City's Protected Health Information that is not excepted from disclosure accounting by Section 3(c)(ii) above, Great Lakes Physician Services will record the following Disclosure Information as applicable to the type of accountable disclosure made: - a. Disclosure Information Generally Except for repetitive disclosures of City's Protected Health Information as specified in Section 3(e)(iii)b. below and for disclosures for large Research studies as specified in Section 3(c)(iii)c. below, the Disclosure Information that Great Lakes Physician Services must record for each accountable disclosure is (i) the disclosure date, (ii) the name and (if known) address of the entity to which Great Lakes Physician Services made the disclosure, (iii) a brief description of City's Protected Health Information disclosed, and (iv) a brief statement of the purpose of the disclosure. b. Disclosure information for Repetitive Disclosures For repetitive disclosures of City's Protected Health Information that Great Lakes Physician Services snakes for a single purpose to the same person or entity (including City), the Disclosure Information that Great Lakes Physician Services must record is either the Disclosure Information specified in Section 3(c)(iii)a. above for each accountable disclosure, or (i) the Disclosure Information specified in Section 3(c)(iii)a. above for the first of the repetitive accountable disclosures, (ii) the frequency, periodicity, or number of the repetitive accountable disclosures, and (iii) the date of the last of the repetitive accountable disclosures. c. Disclosure Information for Lam Research Activities For disclosures of City's Protected Health Information that Great Lakes Physician Services makes for particular Research involving 50 or more individuals and for which an Institutional Review Board or Privacy Board has waived authorization during the period covered by an individual's disclosure accounting request, the Disclosure Information that Great Lakes Physician Services must record is (1) the name of the Research protocol or activity, (ii) a plain language description of the Research protocol or activity, including its purpose and criteria for selecting particular records, (iii) d brief description of the type of City's Protected Health Information disclosed for the Research, (iv) the dates or periods during which Great Lakes Physician Services made or may have made these disclosures, including the date of the last disclosure that Great Lakes Physician Services made during the period covered by an individual's disclosure accounting request, (v) the name, address, and telephone number of the Research sponsor and of the researcher to whom Great Lakes Physician Services made these disclosures, and (vi) a statement that City's Protected Health Information relating to an individual requesting the disclosure accounting may or may not have been disclosed for a particular Research protocol or activity. Great Lakes Physician Services will, upon request of City or an individual requesting the disclosure accounting, assist City or the individual to contact the Research sponsor and the researcher if it is reasonably likely that City's Protected Health Information relating to the individual was disclosed for the particular Research protocol or activity. (iv) Availability of Disclosure Information Great Lakes Physician Services will maintain the Disclosure Information for at least 6 years following the date of the accountable disclosure to which the Disclosure Information relates. Great Lakes Physician Services will make the Disclosure Information available to City within 10 business days following City's request for such Disclosure Information to comply with an individual's request for disclosure accounting. (d) Restriction Agreements and Confidential Communications Great Lakes Physician Services will comply with any agreement that City makes that either (i) restricts use or disclosure of City's Protected Health Information pursuant to 45 C.P.R. § 164.522(a), or (ii) requires - confidential communication about City's Protected Health Information pursuant to 45 C.F.R. § 164.522(b), provided that City notifies Great Lakes Physician Services in writing of the restriction or confidential communication obligations that Great Lakes Physician Services must follow. City will promptly notify Great Lakes Physician Services in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct Great Lakes Physician Services whether any of City's Protected Health Information will remain subject to the terms of the restriction agreement. 4.Privacy Obligation Breach and Security Incidents. (a) Reporting (i) Privacy Breach Great Lakes Physician Services will report to City any use or disclosure of City's Protected Health Information not permitted by this Amendment or in writing by City. Great Lakes Physician Services will make the report to City's Privacy Official not more than 2 days after Great Lakes Physician Services learns of such non - permitted use or disclosure. Great Lakes Physician Services' report will at least; a. Identify the nature of the non - permitted use or disclosure; b. Identify City's Protected Health Information used or disclosed; c. Identify who made the non - permitted use or disclosure and who received the non- permitted disclosure; d. Identify what corrective action Great Lakes Physician Services took or will tape to prevent further non - permitted uses or disclosures; e. Identify what Great Lakes Physician Services did or will do to mitigate any deleterious effect of the non permitted use or disclosure; and E Provide such other information, including a written report, as City may reasonably request. 0 (u) Seeuri Incidents If a security incident results in an actual disclosure of City's Protected Health Information not permitted by this Amendment, Great Lakes Physician Services will report such incident to City. Great Lakes Physician Services will report to City any unauthorized: a. access, use, disclosure, modification, or destruction of City's Electronic Protected Health Information of which Great Lakes Physician Services becomes aware; or b. interference with system operations in Great Lakes Physician Services' information systems involving Covered Entity's Electronic Protected Health Information of which Great Lakes Physician Services becomes aware. (M)Within one business day, Great Lakes Physician Services will provide City with information regarding the nature and extent of the security incident and any associated improper use or disclosure as well as any additional information the City may reasonably request. (b) Obligations on Termination (i) Return or Destruction of City's Protected Health Information as Feasible Upon termination or other conclusion of Agreement, Great Lanes Physician Services will, if feasible, return to City or destroy all of City's Protected Health Information in whatever form or medium, including all copies thereof and all data, compilations, and other works derived there from that allow identification of any individual who is a subject of City's Protected Health Information. Great Lakes Physician Services will require any subcontractor or agent, to which Great Lakes Physician Services has disclosed City's Protected Health Information as permitted by Section 1(e) of this Amendment, to if feasible return to Great Lakes Physician Services (so that Great Lakes Physician Services may return it to City) or destroy all of City's Protected Health Information in whatever form or medium received from Great Lakes Physician Services, including all copies thereof and all data, compilations, and other works derived there from that allow identification of any individual who is a subject of City's Protected Health Information, and certify on oath to Great Lakes Physician Services that all such information has been returned or destroyed. Great Lakes Physician Services will complete these obligations as promptly as possible, but not later than 20 business days following the effective date of the termination or other conclusion of Agreement. (ii) Procedure When Return or Destruction Is Not Feasible Great Lakes Physician Services will identify any of City's Protected Health Information, including any that Great Lakes Physician Services has disclosed to subcontractors or agents as permitted by Section 1(e) of this Amendment, that cannot feasibly be retumed to City or destroyed and explain why return or destruction is infeasible. Great Lakes Physician Services will limit its further use or disclosure of such information to those purposes that make return or destruction of such information infeasible. Great Lakes.Physician Services will, by its written contract with any subcontractor or agent to which Great Lakes Physician Services discloses City's Protected Health Information as permitted by Section 1(e) of this Amendment, require such subcontractor or agent to limit its further use or disclosure of City's Protected Health Information that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Great Lakes Physician Services will complete these obligations as promptly as possible, but not later than 20 business days following the effective date of the termination or other conclusion of Agreement. (iii }Continuin Privac and Seeuri Obli ation. Great Lakes Physician Services' obligation to protect the privacy and safeguard the security of City's Protected Health Information as specified in this Amendment will be continuous and survive termination or other conclusion of Agreement and this Amendment. (iv)Other ObH ations and Rights Great Lakes Physician Services' other obligations and rights and City's obligations rights upon termination or other conclusion of Agreement will be those set out in the section(s) of the Agreement addressing post - termination rights and obligations. (e) Indemni , Great Lakes Physician Services will indemnify and hold harmless City and any - City affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non-permitted use or disclosure of City's Protected Health Information or other breach of this Amendment by Great Lakes Physician Services or any subcontractor or agent under Great Lakes Physician Services' control. 5.General Provisions. (a) Inspection of Internal Practices, Books, and Records Great Lakes Physician Services will make its internal practices, books, and records relating to its use and disclosure of City's Protected Health Information available to City and to DHHS to determine City's compliance with the Privacy Rule, 45 C.F.R. Part 164, Subpart E. (b) DO W# The terms "Covered Entity," "Electronic Protected Health hrformation," "Protected Health Information," "Standard," "Trading Partner Agreement," and "Transaction" have the meanings set out in 45 C.F.R. § 160.103. The term "Standard Transaction" has the meaning set out in 45 C.F.R. § 162.103. The term "Required by Law" has the meaning set out in 45 C.F.R. § 164.103. The terms "Health Care Operations," "Payment," "Research," and "Treatment" have the meanings set out in 45 C.F.R. § 164.501. The term "Limited Data Set" has the meaning set out in 45 C.F.R. § 164.514(e). The term "use" means, with respect to Protected Health Information, utilization, employment, examination, analysis or application within Great Lakes Physician Services. The terms "disclose" and "disclosure" mean, with respect to Protected Health Information, release, transfer, providing access to or divulging to a person or entity not within. Great Lakes Physician Services. For purposes of this Amendment, City's Protected Health Information encompasses City's Electronic Protected Health Information, 6.Amendment to Agreement. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of the Agreement may be required to ensure compliance with changes in the laws or regulations. The parties specifically agree to take such action necessary to implement the standards and requirements of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA ') and the implementing regulations issued by the U.S. Department of Health and Human Services (45 C.F.R. Parts 160. 164), or any other applicable federal or state privacy law or regulation relating to the security or privacy of information, or the exchange of health information by electronic means. Upon the compliance date of any final regulation or amendment to final regulation promulgated by DHHS that affects Great Lakes Physician Services' use or disclosure of City's Protected Health Information or Standard Transactions, Agreement and this Amendment will automatically amend such that the obligations imposed on Great Lakes Physician Services remain in compliance with the final regulation or amendment to final regulation, unless City or Great M Lakes Physician Services elects to terminate Agreement in accordance with Section 4(b)(ii) of this Amendment. Great Lakes Physician Services also agrees to promptly amend its agreements with its subcontractors and agents to conform to the terms of the Addendum. 9. NON - COLLUSION In accordance with General Municipal Law section 103 -d, if this contract was awarded based upon the submission of bids, Great Lakes Physician Services affirms, under penalty of perjury, that it was arrived at independently and without collusion aimed at restricting competition. Great Lakes Physician Services further affirms that, at the time Great Lakes Physician Services submitted its bid, and authorized and responsible person executed and delivered to the Company a non - collusive bidding certification on Great Lakes Physician Services' behalf. In this connection, it should be noted that the fact that a bidder has published price lists, rates or tariffs covering items being procured or has informed prospective customers of the proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same price as being bid, does not constitute, without more, a disclosure to any other bidder or to any competitor within the meaning of the non - collusive certification included in the form of proposal. 10. ENTIRE AGREEMENT This Contract represents the entire agreement of the parties and there are no other promises or conditions in any other agreement either oral or written. This Contract supersedes any prior written or oral agreement between the parties. 11. AMENDMENT This Contract may be modified or amended if the modification or amendment is made in writing and executed by both parties subject to all municipal approvals. 12. SEVERAETLITY If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. if a court finds that any provision of the Contract is invalid or unenforceable, then such provision slxall be deemed to be written, construed, and enforced as so limited. 13. INDEMNIFICATION Great Lake Physician Services shall indemnify, defend and save harmless the City, its officers, agents, servants and employees, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, costs or damages, including attorneys` fees, in any way arising out of, relating to or in connection with the performance of or failure to perform this Agreement. This provision shall include all losses, costs, and damages, which the City may suffer as a result of any negligent supervision of services by the Great Lake Physician Services. Great Lake Physician Services hereby assumes and agrees to pay for the defense of all such claims, damages, demands, suits and proceedings. The provisions of this paragraph shall survive the expiration or termination of this Agreement; shall not be limited by reason of any insurance coverage provided hereunder or the limits of any insurance requirements; and shall be separate and independent of any other requirement of this Agreement. 0 14. INSURANCE Great Lakes Physician Services herein agrees to maintain insurance coverage in form and substance acceptable to the City's Corporation Counsel, Comptroller, and the Civil Service Division, for the duration of the Contract, including but not limited to: (i) Workers' Compensation Insurance with City of Buffalo named as Certificate Holder on the New York State - approved form; (ii) Medical Malpractice Liability Insurance in the amount of $1,300,000 per occurrence and $3,900,000 in the aggregate with the City of Buffalo named as Certificate Holder; (iii) General Liability Insurance (included but not limited to, contractual liability, bodily injury and property damage) in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate under which the City of Buffalo must be named as an additional insured and Certificate Holder; (iv) Insurance coverage shall be maintained throughout the contract and any extension periods. City Corporation Counsel shall be promptly informed of any changes in insurance coverage including updated insurance certificates. 15. APPROPRIATION It is understood by the parties that this Contract, or any renewals thereof shall be executed only to the extent of the monies available to the City and appropriated therefore, and no liability on account thereof shall be incurred by the City beyond monies available and appropriated for the purpose thereof. 16. ASSIGNMENT This Contract contemplates the particular services of Great Lakes Physician Services. Great Lakes Physician Services shall not assign, transfer or otherwise dispose of this Contract, or its right, title and interest therein, to any person, firm or corporation. 17. WAIVERS The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 18. APPLICABLE LAW The Contractor shall comply with all laws, rules, regulations and ordinances of the U.S. Government, the State of New York, and the City of Buffalo, including but not limited to the City Living Wage ordinance; and any other political subdivision of regulatory body which may apply to its performance under this Contract. This Contract shall be governed by the Iaws of the State of New York. For all purposes of this Contract, the parties submit themselves to the jurisdiction of the Supreme Court of the State of New York, County of Erie, and consents that any and all litigation shall be in such court. �h3 Patricia Folts Commissioner, Human Resources Grreat. Lakes Physician Services, by David P. Hughes, M.D., Managing Member Date Date Approved as to form only: Timothy A. Ball, Corporation Counsel 0 AT/A? Date ACKNOWLEDGMENTS State of New York) County of Erie )ss. On the day of , in the year 2013, before me, the undersigned, a notary public in and for said state, personally appeared David P. Hughes, the Managing Member of Great Lakes Physician Services, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Managing Member of said Professional Limited Liability Company, and that by his signature executed the instrument. Notary Public State of New York) County of Erie )ss. On the day of , in the year 2013, before me, the undersigned, a notary public in and for said state, personally appeared Patricia Folts, City of Buffalo Commissioner of Human Resources Department, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Commissioner of said Department, and that by her signature executed the instrument. Notary Public \GA ACADEMIC HFA,LTTII PROF El SSIONALS INSURANCE ASSOCIATION A :Fvomestic Raeipiocal Insurer Organizer) Sander and Governed by the Laws 6f flip State of New York AHPIA Solutiittts Inc. Attorney -in Fact lZM Broadway, Suite 340,1 Nrm York, NY 10001 HEALTH PROFESSIONALS LIABILITY INSURANCE Policy No 1421882/OIt OI~ CHRTIFICATE OF INSURANCE Item 1. Insured Subscriber: David Hughes, M:D. Address: D.egartrnent ofEmergen (W.Mediclne L�' O CountyMilical Center 462 Grf der Street Btfffalo, N.Y 1 )4 Item 2. Professional Specialty to which.itrsutancer applies: Emergency Medleltse Item 3, Policy Perioo; fxotu 07/0112012 to 0j/6If2013'(12;131 am standard time at:the Address of the named loured) Item 4. Limits of Liabilio: Each person: 1,30,000 ,Aggregate.- 3,900,000 The association hereby'advises that the above insured:is a stibseriber of AHPIA and is'insured for the - tirhe and dates specified above: Limits of Liability are. as specified above. Should. This. policy be cancelled prior to the expkatioit date shown above, AkPIA will endeavor Do provide notice to; City Of sutlralo 110 City Hall 0ttf €alo.,1�� 14102 [ to provide such notice shall impose no obligadon.or Iiability upon A14P1A, its agents or.reprgentatives. Countersigned on the 19th.day of April, 2.013.Time. A+stlwri�sd,Re e. five, OP ID: CHHE "I"' onrrrl �.,._.. CERTIFICATE OF LIABILITY INSURANCE F7Ar5 9z�9:I THIS CERTIFICATE 15 ISSUEb AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO! AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND QR ALTER THE COVERAGE AFF6136ED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIfi(CATE HOLDER: IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(fes) must be en'a6mod. If SUBROGATION IS WAIVED, subject to the terms and conditions of the paiioy; certain pollcies may Require an ehdorsemaht. A staterpeht on this certificate does not confer rights to the .certlficate.holder In lieu of such endorsem PRaDllCER 716.68E -5800 Cawley -Viva aqua -8cheff 71 6-849.8299 l Sulte 392 592 Jahn Jambs Audubon PkWy knhtrst NY 14228 (NWHEG B Well tlealthCar PLLC 462 Gelder Mtept Suffalo, NY 1421$ L THIS IS TO CERTIFY THAT THE POLICIES. OF INSURANCE; LISTED BELOW HAVE BEEN ISSUER To AE.JN$URED IfAMED' 4BOVE':FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AiJY REQUIREMENT, TERM-OR CONDITION OF ANY CONTRACT Ofl OTHER DOCUMENT NTH RESPECT TO WHICH THIS CORT)FICAT'E MAY BE ISSUED OR MAY PERTAIN, THE 1N8URANCE 14FFORDFD BY THE POLICIES DESCRIBED HEREIN IS W.WECT TO ALL THE TERMS, E7CCLIJSIONS AND CONDITIONS OF 31Jfrfi F ®£IClE5. LiMtTS t;HQWN MAY HAVE:BUEN REDUCED BY PAID CLAIMS: LT R - TYFF Q cFNSRnL uAeLL POLfCYNUMeF3t MfD 6 LILIIT8, EACH OMU 1:NCE . i tl 2,000,000 -A X. � CWMERCIALODIERALLmurY CLAIMS �uau> LhJ OGCDR 018BAZC7418 'i212t11 12MO113 s E D d MEO EXP ."'W) s 9,000,00 P NRL &ADVINJURY S 2,000,0 ,._ ERALAGGREGATE '$ 4,000,00 GEIJ'LAGdREGATEL1M1rAPPLfESPBR; POLICY L PRO LOC PRODUCTS- COMPIOPAGG 3 4,0[)0,00 $ A AUTONOISILHLIABG.ITY X ANY AUTO ALJ. OWN2:0 AUTOS' $CItEDUL>ED AUPOS HIRED.AUTOA OMAZG7418 - 12r20112 12120719 ook8mrorSvGLEuw Me- eldest) .S '1,Q U,ODILYINJURY(PerpoMm) $ EODIEY INJURT(PerAcdd*j '$ PROPERTYDAJmw (Peracch%r $ A X NC?I-0NiIVr '+WTgs' 1SBAZC7418 1100112 '1212MI3 $ VMBREm. LIAR EXCEWLIfts - ODC11R CLAV&MADE AI' PRO AS TO FOR �D ON EACH OCCURRENCE $ AGGREGATE g DEDUCTIBLE s $. ION S YIi0RFC6Re-CRhiPFNBA1100 AND EMPLOYERS' LfAaKM A NY PROPRfETO"AMER1 MUTNE Y N OFFICERIAIEMBERFJCCLUgEQ? - NIA .. .. .. - .. FR EL EACH ACCIDENT 'S EL DISEASE- EAEMPLOYI =E S (�Isritfat5gy uI NH) H ORICAWunder E6 RI ON OF 0PERATION&bd1cw 'K1. ,n13FJ48H- P61-11)YLIMU` S. r LUIiR![VI�S I,,,CYiti: [R[[BG,I RIiVI�Il1, ae ad llfanai nsured - under Health'. d W01 3m. n y'er as req red wrIt cant ac & ; '" - ; City of Buffalo 65 Nlagara Square. ElLtffalo,.NY 14210 SHOUW ANYOFTHE ABOVE.DESCRfBEQRQLICIES 13E CANCELLED BEFORE Tt E EXPIRATION DATE THEREOF, :NOTICE WILL BE DELIVERED IN ACCORDANCE WITH ME POLICY PROVISIONS.. AUTHCRI PVASPAPE O$TAT E w - (D1988- 8009ACORnCORPnRATir'1N1. an>•,riM; —.A- -A ACORD 25 (2009149) Thb ACQ D narhe wid logo are registered mariis' OFACORD y/ STATE Of NEW YORK - WORKERS' COMPENSATION BOARD CERTIFICATE of NYS WORKERS' C.OMPENSAYION IN SURANCE COVERAGE 1a. Legal Blame and Address of Insured (Use street 7b. suslnese Telephone Number of Insured address only) 71V849,6198 BE WELL HEALINCARE MEDICINE PLLC 1c.NY.SUnemployment Insurance Employar 482 QRIDER-5T Registration Nmrnbar of Insured BUFFALO, NY 14215 Work Location of Insured [Only rayuirod if coverage 1 ii, Federal i mpfoyer Identification Number of Insured is specifically Ifmlfad to certain locations in New or Soolal Security Number York State, i.e.. a Wrap -lip Policy) zo»z 4as$ 2. Name and Address of the Entity flaquasting Sa. Name of Insurance Garrler Proof. of Coverage (Entity Being Listed as the `FHS. TRALVE .Ells INDEMNITY C OF CONNECTICUT 'Oerdf loate Holder) 3b. Policy rotimber of entity listed fin box "la" THE LltY OF 13UFFAL0 UB gQ22 i 97T -13 65 NIAnRA SQUARE , r-, °� T na.I r,. •r•� BUFFALO. NY 1.4202 s Ilay effective period: �n 01101/2013 to 41l011�OT4 ' 3d. The. Proprietor, Partners or Executive Officers are 0 iI101(Y, ( Only check bo If a partnQMJQ0i0er$ J=IVded) Corporation CO W x1fil.I excludbd ar certain partneisloffluare le Ott riXCiiided. This oartifies that the ire "S" insures the business referencect above in box "''la" for workers` corrrpansatlbh under the Now York State Workers' Compensation Law. ITO use this form, Now York (NY) must be listen under SA on the INFORMATION PAGE of the workers' compensation Insurance policy). The insurance Carrier or its licensed agent will send this Certiflcate of .Illsurahce to the entity listed above as the certificate holder In box "2". The fnsuranoe carrier will s[so notify the -above certificate holder within 10 -days .IF a policy Is cancelod clue to nonpayment of prvmlurns or wi bin 80 day* IF there are reasons other then nonpayment of prentlums that caneel tho pollo or ellminate the Inadred from rile coverage kidleatod on this C'ordficate. (Mesa nodbea may be sent o r-r.Bgular !nail). Otherwise. this cert[fl'oate Is valid for one year after this form is :approver! by .tha lrrstw,ined carder' or i[s Avens agent, or until 'the pollc expiration aisle listed In box "so ", tAifrlchever lsfs earlmar: Pfsese Note: Upon.the cancellation : of -the workers' compensation policy Indicated on this form If the business continues to Ilq named_ on a permit, .ficeitse or c¢ntract Issued by a certifioate holder, the business must provide that cartiftcata holder with a :new Certifloate of Workers' Compansation Coverage or other authorized proof that the buslnsss Is complying vrith the mandatory coverage eeg4fremente of the New York State Workers' Gampensation Later. Under penalty of perjury, I certify that I am an authorized representative or lleensed agent of the Insurame carrier referariceri above and t M AW4 ihnad ins uradjos the coverage as depicted on this farm. Approved by: "•' _. f'J , ,en -Mme o authorizad or itoensad ggant oflnauranae o9rrfer} Approved: by; f _. 0416.412018' Title: ' [ ., r. Telzphone Number of authorized representative or licensed agent - of Irtsuranco varrier. 7) ;WL6785 Phase Note, only insurance carders and their licensed agents are authorized to la$ue l=orm C 105.2, Insurance,61'oker5 are iV07 authodzed to issue It. G- [06.2 (9 070 *WW web.stata.nyus: W31FSJ07 Permission to Enter into Agreement — Physicals and Drug Testing for New, Current and Returning Employees (HR) Mr. Smith moved: That the above item be, and the above communication from the Department of Human Resources, dated May 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Human Resources to enter into a contract with Be Well Healthcare Medicine d/b /a Great Lakes Physician Services for the physicals and drug testing for new hire, current and returning employees. The consultant was chosen through a Request for Qualifications (RFQ) process. Passed. AO C:U3ser ���� lAppDaraSl. ocelSAticrosnfllWindaws4l 'emparuyInteraet PUMe ContenLOutlouk %GX32QVN6Terntission w Enter into Contract -Great Lakes Ph}sician Seivicm.dov \A. * AYE * NO f * FONTANA * PRANG GULOMER * * PRiDGEN * RUSSELL SCANT DN 213- 314 - 7 go FROM THE CITY CLERK May 14, 2013 000 4 ,f, SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: 05/06/2013 FROM: DEPARTMENT: City Clerk SUBJECT: [:Notice of Intention- Request to Rename Riverside Access Road [:ccp# 89, 04/30/13 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (item No. xxx. C.C.P. xxfxxlxx) This is to advise you that the public hearing for the above item is set for 05128/2013 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 05/17/2013 and 05124/2013. SIGNATURE DEPARTMENT HEAD TITLE: City Clerk t�� SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: April 30, 2013 0' FROM: DEPARTMENT: City Clerk SUBJECT: [ - .Chicken License Complaint -140 Dewitt PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx, C.C.P. xxtxxtxx) Attached Please Find A complaint received in our Office Regarding the Application for a Chicken License at 140 Dewitt. Per the City Charter the License is before your Body for Approval or Disapproval. REFERRED TO THE COMMITTEE ON LEGISLATION. r SIGNATURE DEPARTMENT HEAD TITLE: a'� 0� Mr. Gerald Chwalinski - City Clerk Office of the City Clerk 65 Niagara Square Room 1308 City Hall Buffalo, New York 14202 Dear Mr. Chwalinski: April 30, 2013 Re: 140 Dewitt Street Request for the Issuance of a Chicken License As per your letter dated April 10, 2013, we are writing to inform you of our opposition to the request of the owner of 140 Dewitt Street in the City of Buffalo to obtain a chicken license for the following reasons: 1.) Diseases and viruses specifically carried and spread by fowl. 2.) Containment issues. For the past two years we have been experiencing a problem with our neighbor, "The Cat Man." Last year he had over 20 cats in his apartment and the majority of them defecated on our lawn on a daily basis. We removed all types of cat excrement from the lawn constantly so our grandchildren could enjoy the front and back yard before the cats came back. Although our neighbor openly fed the cats on his front porch and left a window open in his apartment for the cats to enter and exit, the City called them "feral" cats and did nothing to help the situation. He now has 5 to 8 cats and the problem is starting all over again. The cats are all over our porch and in our yard. We would prefer not to see chickens there too! By the way, last year at different times when our doors were open, a cat was in the basement, one was in our apartment and one was in our vehicle. At least 3 cats died when they were hit by cars. Please have someone contact us regarding the cat issue as explained above. 3.) Noise issues plus. What if sexing errors occur and the owner ends up with a rooster? We are already overwhelmed with noisy neighbors, vehicle sound systems and barking dogs. In our opinion, the City's handling of those issues is poor at best. 4.) Odor issues. 5.) Based on past history, we question how responsive the City would be regarding enforcement of any ordinance issue that may arise or whether complaints would become more ignored "quality of life" issues. Thank you for considering our concerns. Frank & Gail Price 1119 West Avenue Buffalo, NY 14213 F # 1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMMON COUNCIL: DATE: May 2, 2013 FROM DEPARTMENT: Common Council s DIVISION: City Clerk's Office SUBJECT:[: Chicken License Complaint -354 Baynes PRIOR COUNCIL REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) TEXT: (TYPE SINGLE SPACE BELOW) Attached Please Find A complaint received in our Office Regarding the Application for a Chicken License at 354 Baynes. Per the City Charter the License is before your Body for Approval or Disapproval. TYPE DEPARTMENT HEAD NAME; Gerald A. Chwalinski TYPE TITLE: City Clerk SIGNATURE OF DEPARTMENT HEA .e 1�b l Concerning the Chicken License at 354 Baynes, Buffalo, NY 14213 On March 25 I received a letter stating that the house behind my property was applying for a Chicken License for a maximum of 5 chickens. My main concern is the rat problem that is already around the houses and the filth from the chickens will just attract more of them in a unclean environment. If the Chickens are allowed, I would appreciate an occasional inspection in the area of chickens to make sure a clean and healthy environment is maintained. If possible I would like to be anemones on this issue. ' CITY OF BUFFALO - 4 OFFICE OF THE CITY CLERK City Clerk Gerald C hwahski CHICKEN LICENSE APPLICATION Deputy City Clerk PURSUANT TO CITY CODE §J41-11.2 Wilmer Olivencia Under the provisions `uf the Buffalo City Cade § 341- 11.2, Chicken License Application Contents, I hereby submit the following information ins' upport of an Application to keep chicken hens within the City of Buffalo. PART A - APPLICANT INFORMATION 1. Name of Applicant: 2. Address of Applicant: t�'c S S - City: Qv State: _N �� _ Zip Code: 1 N - 3. Telephone Number: I "A = 1 J A I Fax Number: 4. E-Mail: 1V 4,► v: -Ooh 40,E PART B -- PROPERTY INFORMATION 1. Address of Subject P r o p e r t y : I5 k a rj t City: State: rf 2. The Size and Dimensions of Subject Property (Measured in Square Feet) 2 3. Number of Chicken Hens to be Kept. on Subject Property: s 4. Description of any Coops or Cages Housing the Chicken Hens: T 0 Gtrrjb� ►r1_ r,qa��� w�� F��s� u, �cN L%. 7) t, 5. Description of any Fencing, Barriers or Enclosures surrounding the Subjectproperty: `-I' .T ALL 6. Description of the Manner by which Feces and Other Waste Materials will be Treated and Removed so as not to Result in Unsanitary Conditions aadlor the Attraction of Rodents and rnsects:: fl t ❑ t � j� Cn;a F- d _t -ts. `G !si�11� p R,� n_ �rv�otl�n \ 0 _�_.1'r E-1�� 7. APPLICATION MUST INCLUDE A SCALED DRAWING SHOWING THE PRECISE LOCATION OF CAGES,'COOPS, ENCLOSURES, FENCES AND BARRIERSIN RELATION TO PROPERTY LINES AND TO STRUCTURES ON ADJACENT PROPERTIES. PART C — CONSENT PROVISIONS 1. If Applicant is NOT the Property Qwner, Please Provide a SIGNED Statement from the Actual Property Owner Granting Permission to Engage in the Keeping of Chicken Hens on the Premises: a- , i` A( rh ('�.: M_AA10 2. If the Buildidg is a Multi- Family Complex, including Duplexes, Please Provide a SIGM Statement from Any and All other Tenants Consenting to the Applicant's Engagement in the Keepiag of Chicken Hens on the Premises: PRINTNAA E n i SIGNNAME F 4. ease Provide `]' Addresses Within a Pi1w (54 Foot us of a Sabje t Property: Gti - 4 !e P1 f 0 / iA, ?� r -4 5 F_ - V, 1 1 ** * * ADDITIONAL SPACE FOR PART C. CONSENT SHOULD BE I NCLUDED IN SUPPL09MAL FORM PART D — AFFIRMATION I hereby affirm that the information I have provided on this request form is correct, Signature: _ PrintName: S Lv c K 6Y Date: 1. 3. Please Provide a SIGNED Statement from Any and AD Residents Residing on Property Adjacent to the Applicant's Property Consenting to the Applicant's Engagement in the Keeping of Chicken Hens on the Premises: PRINT N,aH ADDRESS 1 ` SIGNNAME _ CITY OF BUFFALO' OFFICE OF THE CITY CLERK City Clerk Gerald Chwahmki CHICKEN LICENSE APPLICATION Deputy City Clerk SUPPLEMENTAL FORK Wilmer ©iivencia PURSUANT TO CITY CODE §341.31.2 Under the provisions of the Buffalo City Code § 341 -11.2, Chicken License Application Contents, I hereby submit the following information in support of an Application to keep.cl icken bens Vvithin the City ofBnffalo. PART B -7 SUPPLEMENT — PROPERTY DESCRIPTION (SCALED DRAWING) _ CITY OF BUFFALO OFFICE OF THE CITYCLERK City Clerk Gerald Chwalinski CHICKEN LICENSE APPLICATION Deputy City Clerk SUPPLEMENTAL FORM Wilmer Olivencia PURSUANT TO CITY CODE §341 -11.2 Under the provisions of the Buffalo City Code § 341 -112, Chicken License AppCicatioa Contents, I hereCiy submit the following information in support of an Application to Creep chicken hens within the City of Buffalo. PART C -- CONSENT PROVISIONS - SUPPLEMENT Additional SIGNED Statement from Any and All other.Tenants Consenting to the.Applicant's Engagement in the Keeping of Chicken Hens on the Premises: PRINT NAME ADDRESS SIGATNAAE Additional SIGNED Statement from Any and All Residents Residing on Property Adjacent to the AppIicant's Property Consenting; to the Applicant's Engagement in the Keeping of Chicken Hens on the Premises: PRINTNAA E ADDRESS SIGNNA&E Additional Addresses Within a Fifty (50) Foot Radius of the Subject Property; 1. City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 44 PASSED May 14, 2013 Application for Restricted Use Permit -75 W. Chippewa (Ell)(6128/2013) iry MAY 2.8 2 013 - QJIl.d " Gerald A Chwalinski City Clerk - W TT • - W Ar Vi 0 0 4 T 1 'r '? 41 1 1 4 4 V ER N N El V r*T PERMITT ENTRY OF PATRONS UNDER AGE 21 WHERE Pursuant To g5 .6 of the Code of the City of Buffalo, the undersigned hereby makes rtr z aL,L, V1 4, served to natrons aved 21 and over, 1 NAM_.F.()'FAPP1JCAWT T—"-- A 7 75 - 3. EN :1) ' IR E SSS C, f d; 4. NAME OF EVENT 5: IS THIS A ONE TIME EVENT? (CHECK ONE] YES -Z - NO 6. DATE OF'ONF.-TWE EVENT 7. IS, THIS- A-RECURRING EVENT (CIIECK%it) YES NO 8. DATES OFR.ECURRJNGrFV'PXT /� 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 10 START TIME AND END TIME OF EVENT S T.A_L'R T_ P ReVi April 9, 20I2 .04 DOWNTOWN ENTERTAINMENT DISTRICT - -- - RESTRICTED USE PERMIT APPLICATION CONTINUED o 1 1. Detail safeguards to be undertaken to insure that all patrons wider -the age of ZI are easily ldentif able: , . 12, Detail your security plan for maintaining order and patron safety during this event: ' •e r-� kl, It L-e- /Jr SicPx t.n t...rle.. a ev) o C40 6— AI- -// A V' . G'c,c. erg ' q 13. How many will be on the premises during the event to maintain order? . lS 14. WILL PRIVATE SECURITY BE CONTRACTED FOR TINS EVENT? 15. IF YES, NAME OF SECURITY CONTRACTOR �! R A�•���I 111f1'�.��1..�i�3L �1 i..i F ti �U.lPLUJ. EI1 L1VL11LL f 17. ERIE COUNTY HEALTH DEPARTMENT NO, M KZ_ X IC C Under penalty of law for films a false instrument I declare that the above statements are true and hereby make t ::: application. 7)4;p V w LICANT"S SIGNATURE ADDRESS &frr.10 TELEPHONE 116 - g oo.- 7178 Application for Restricted Use Permit — Downtown Entertainment Review District — 75 W. Chippewa (Ell) Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 28, 2013 is approved upon the following conditions: • All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and/or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED C:\UsersMmeinski\App atatiLocatNicrosoftlWindows \Temporary Internet FileslContent.0utloak10X32QV W61Restricted Usz permit 75 W Chippewa 6 -28 -13 event.docz * AYE * No FOMANA FRMCZTK 40CUR.TO ' PMGEN SCANLON ' 213- 6 34 - 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO . Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 45 PASSED May 14, 2013 Application for Restricted Use Permit -75 W. Chippewa (Ell)(7/12/2013) Gerald A Chwalinski City Clerk �� .0 Wj 4e AVIj Elg,z MAY 2 8 20b d u lYl/'11 L/f; N A 0 0 0;4 IV A IL T 17 11? & T 1 t, -'.vr PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE Pursuant to q5 1-68.6 of the Code of the City ot'Buffalo. the undersiped hereby makes 2TIF! ...... - . ,, .�i, ~ � I UU MU ul�_' 7 "3X _M_ M, served to patrons aged 2 and over I WATvM.nF A PPT Jr.ANT 7 75 - 3, UIT T E 1 1 -A 7D D 6 i f 17-,,- 4. NAME OF EVENT 5. IS THIS A ONE-TIME EVENT? (CHECK ONE) YES - NO 6. DATE OF'ONE-TIME EVENT n - k 7. IS. THIS- A-RE(�URiUNG EVENT (CHECK ONE) YES NO Z S. DATES OF RECURPJNG F t '� /� _ - 9. NUMBER OF PEOPLE ANTICIPATED TO ATTEND 3QC_ v? 10'. START TIME AND END TIME OF EVENT S'L kRT O - PjL - "__ I D _ ReAped ApTil 9, 2012 DOWNTOWN ENTERTAINMENT.DISTRICT RESTRICTED USE PERMIT APPLICATION CONTINUED 11. Detail safeguards to be undertaken to insure that all patrons under the age of 21 are easily identifiable:. 12. Detail your security plan for maintaining order and patron safety d uring this event: 13. How many einployees will be on the premises'during the event to maintain order? 14, WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT? AJd 15. IF YES, NAME OF SECURITY CONTRACTOR 1 0 ia, NEW x: F. Sii�il t t+ t;��t~.. uIr:.} , I 3lSpS 17, ERIE COUNTY HEALTH DEPARTMENT NO. / T -- CC Under oeaalty of law for filing a false instrument I declare that the above statements are true and hereby make this app&atieri. LICANT"S SIGNATURE ADDRESS u 0 , AjYAo�Q00 .TELEPHONE . :216_ i 7R Application for Restricted Use Permit — Downtown Entertainment Review District — 75 W. Chippewa (Ell) Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 12, 2013 is approved upon the following conditions: • All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and/or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect . C: kUsersWvcinski\ AppData \Localllv£icrosofllWindows \Temporary Internet FileslContent.6otlook103 32QV W61Restricted Use Permit 75 W Chippewa 7 -12 -13 event.dowc *AU *NO * FONTANA � * ITMCUIC * GOLODMIM * IRCURTO PRI DOEN RUSS= �CANL�N T� * * 20- 6 * :� 34- 7 ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 46 PASSED May 14, 2013 Application for Restricted Use Permit -75 W. Chippewa (Ell)(7/26/2013) Gerald A Chwalinski City Clerk MAY 2 8120 :13 , : : , A !'Rl mr WTE - I W, - W Tlklt "'T PERMITT ENTRY OF PATRONS - UNDER AGE 21 WHERE Pursuant co 8511 of' Code of Me City of'Buffaio. the undersigned hereby makes e= emnr or con—m— me—cc served to patrons aved 21 and over- 1 W A M.F. U 3. EVENT A 4, NAME-OF EVENT 5 : IS THIS A 0 TIME EVENT? (CHECK ONE) YES - NO 6. DATE OF ONE-7TWE'EVVENT 7. IS. THIS A.- RECURRING EVENT (CHECK 01 YES NO S. DATES OF REECURPjNCTF-V'PN1T '� /� 9. NUMBER OF PEOPLE ANTICIPATED TO AT-TEND �p I O."START TIME AND END TIME OF EVFNT q . T A PT P'NTT) Revised April 9, 2012 DOWNTOWN ENTERTAINMENT DISTRICT _ _ RESTRICTED USE PERMIT APPLICATION CONTINUED I I . Detail safeguards to be undertaken to insure that all patrons uAder the age of 21 are easily identifiable: . 12. Detail your security plan for maintaining order and patron safety during this event- - 1 - // , !! •` /9' ��f rwllrcrs oYt�d �/ISu.,.� ��.. SGFr,1� 13. How many employees will be on the premises'during the event to maintain order? 18 14. V4rIILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT`S 15. IF YES, NAME OF SECURITY CONTRACTOR / 0 1p. 4`2�4Y XUlle-K, 64AI . LIQUO -K . A J 1114.1XII Y 17. ERIE COUNTY HEALTH DEPARTMENT NO. A A k.- F x`TL Under penalty of law for films a false instrument I declare that the above statements are. true apd hereby make tl::s appiieation. 'AWLICANT"S SIGNATURE ADDRESS 1�R *Aa, TELEPHoNh 16 ' 70 - i 7q A. S.L Y1�11.a1.t- 13PiFZ :7 - v.. _. .. . 1 Application for Restricted Use Permit — Downtown Entertainment Review District — 75 W. Chippewa (Ell) Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 26, 2013 is approved upon the following conditions: • All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and/or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AU C: \Usersllrucinski\Appl7ato\Local Microsoft\Windows \Tempormy Iotemat Fifes/ Content .out]ook10X32QVW6\Restricted Use permit 75 W Chippewa 7 -26 -13 event.docx % AYE * NO FONT'ANA � * ] IRMCZYK GOLO11 M # LOC[1RTO • PMGEN RIVERA RUSS= SCA14LON * # $ S14iiTS � * � *j -5 X13 - 6 314- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 47 PASSED May 14, 201.3 Application for Restricted Use Permit -75 W. Chippewa (Ell)(6/14/2013) Gerald A Chwalinski City Clerk PI R 0' V E MAY 18 2013 > Vi :E Wd G Z ANEW ;A' ,+ li A V t 00040 Irb - wrw�. A ----T %%N, R tr Y! % tn T% Is . L " 7 'V AL EIZPLT 171U IAV - -N EV ENT NT PERMITTING EN'MY OF PATRONS UNDER AGE 21 WHERE Pursuant to X511-68.6 of the Code of the City of Buffalo, the undersigned hereby makes -er -U M; ve i U U. served to natrons aced 21 and over- 1 - NTAm - .p nF A PPT Jr. ANT 7 75 - W. f djfforew" EV E N T AD RIE S S, c i - %. i 4.- NAME OF EVENT L 5.. IS THIS A ONE -TIME EVENT? '(CHECK ONE) YES 'NO 6. DATE OFTONF7TW. FVFNT A 7. IS. THIS EVENT (CEECY, ONt) YES N6 Y/ S. DATES OF RECUP-,RJNG EVENT 9. NUMBER OF PEOPLE ANTICIPATED TO AT-TEND 10.' START TIME AND END TIME OF EVENT RTAPIr 7 ReVi April 9, 2012 �,S alf� DOWNTOWN ENTERTAINMENT DISTRICT II- STRICTED USE PERMIT APPLICATION CONTINUED 11. Detail safeguards to be undertaken to insure that all patrons under the age of 21 are easily identifiable:. 12. Detail your security plan for maintaining order and patron safety during this event. te. r ,�r� s of 13. How many employees will be on the premises 'during the event to maintain order IS 14. WILL PRIVATE SECURITY BE CONTRACTED FOR THIS EVENT? AJ O 15. IF YES, NAME OF SECURITY CONTRACTOR N�A ib..N.E`N YL'KK Zi IA LIQU O.K.A +J 11 - I Y Lie vui� vii i ;v. r �J� ,� 17. ERIE COUNTY HEALTH DEPARTMENT NO. _NJ TT.� k_ K Under penalty of law for fling a false instrument I declare that the above statements are true and hereby make this applkation. LZCANT"S SIGNATURE ADDRESS TELEPHONE �� 70 - 7�j Application for Restricted Use Permit -- Downtown Entertainment Review District — 75 W. Chippewa (Ell) Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 14, 2013 is approved upon the following conditions: • All patrons under the age of 21 will have black Xs on both hands • All patrons age 21 and over will have a wristband indicating that they are 21 and /or over • Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons • Licensed security will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED �I C:\Usovg\hLcirlski\AppDalaVLocaIMcrosoft\WindowsNTempormy Intemet Files4Content.Outlook%OX32QV W61Resiricied Use permit 75 W Chippewa 6 -14 -13 event.docx V * AYE * NO FONTANA * * +GULQNMEK LOC�RTQ� PMGEN * * * * * RUSSELL 3CANLON * Mtj -5 213- G 314- 7 * ,� M Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address 810 Elmwood Avenue 1 Letchworth St Business Name Taste of Siam The Bison Tavern Owner's Name Taste of Siam LLC The bison Tavern LLC RECEIVED AND FILED May 14, 2013 E A STATE OF NEW YORK .Gandmtlized NOTICE FORM fnr!'mrh /iug a 3O -Day Advance Nafice m rr Local Municipalityy ar EXECUTIVE DEPARTMENT CGra nunity Board inra,oaeaY , ah+hr.s,,brursxiono ihc.SYam1,y_,.4whofYgn (cheek one DIVISION OF ALCOHOLIC BEVERAGE CONTROL eW A plication Renewal Application ❑ _ _ ❑ Alteration Application STATEL]QUORAIJTHORITY E] Corporate Change for nn On-Premises Alcoholic Beverage License 1. 1 Date the original copy of this Notice was mailed to the Local Municipality or Community Board: (! � 2 U THIS 30 -DAY ADVANCE NOTICE IS BEING PROVIDED TO THE CLERK OF THE FOLLOWING LOCAL MUNICIPALITY OR COMMUNITY BOARD 7.Nameof the Local Municipality or Community Board: ATTORNEY REPRESENTING THE APPLICANT IN CONNECTION WITH THE APPLICANT'S LICENSE APPLICATION NOTED AS ABOVE FOR THE ESTABLISHMENT IDENTIFIED IN THIS NOTICE 3. Attorney's Full Name is: 4 Attorney's Street Address: 5. City, Town or Village: (-0 State: A'- Zip Code: 6. Business Telephone Number of Attorney: -2l (r Z7 0 �( FOR NEW APPLICANTS, VROVIDE DESCRIPTION BELOW USING ALL INFORMATION KNOWN TO DATE FOR ALTERATION APPLICANTS, ATTACH COMPLETE DESCRIPTION AND DIAGRAM OF PROPOSED ALTERATION(SE FOR CURRENT LICENSEES, SET FORTH APPROVED METHOD OF OPPRATION ONLY - nn un'r T:oW ntrTC a 7. Types} of alcohol sold or to be sold under the license: ( "X" One) ❑ Beer Only ❑ Wine and Beer Only Liquor, Wine and Beer 8 Extent of Food Service: ('X° One) Restaurant (Sale of food primarily; ❑ Full food menu; kitchen run by chef} Tavern /Cocktail Lounge /Adult Venue/Bar [Alcohol saves primarily - meets legal min mum food availability requirements) City, Town, or Village: P i 0 S to Zip Code: j ZL ❑ Hotel ❑ Live Music ❑ Disc Jockey ❑ Juke Boa ❑ Patron Dancing (Small scale) ❑ I {aracke Bar 9. Type establishment: ( "X° all ll that apply) ❑ Cabaret, Night Club,(Large Scale Dance Club) ❑ Capacity for 600 or more patrons 11 Bed & Breakfast ❑ Restaurant ❑ Club (e,g, Golf/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment ❑ Recreational Facility (Sports licensed outdoor area: Fraternal Or p.) Facility Vessel ® None El Rooftop ❑ Patio or Deck 11 Freestanding Covered Structure ❑ I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with "- Garden /Grounds ( "X° all that apply) ❑Other L , 0 Sidewalk Cafe (Specify ):None Tstle Will the license holder or a manager be physically present within the establishment during all hours of operation? [ "X" one) es ❑ No 12. License serial number: Expiration Date: 13. The applicant's or license holder's full name, as it appears or will appear on the license: C- 14. The Trade name, if any, under which the establishment conducts or will conduct business: 15. The establishment is located within the building which has the following street address: fD l6. City, Town, or Village: LC � 0 Ny Tip Code: 17. The establishment is located on the following floors} of the building at the above address: / f !/ Q J 18. Within the building at the above address, the establishment is located within the rooms} numbered as follows: 19. Business telephone number of applicant /licensee: 7 `� O 3 . j I Business fax number of applicant /licensee: 20. Business e-mail address of applicant/ licensee; 21, Does the applicant or license holder own the building in which the establishment is located? ( "X" one) ❑yes (If "Yes ", SKIP items 22 -25) � No 11 OWNER OF THE BUILDING IN WHICH THE LICEN58❑ FSTARI.1g14k WM'r is r nre `II 22. Building owner's full name is: !lIVVV ( f�T I 23. Building owner's street address: ! � w ►�� D D 24. City, Town, or Village: P i 0 S to Zip Code: j ZL 25. Business telephone number of building owner: / ! Q I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with "- representations made in submitted documents relied upon by the Authority when granting the license. I understand that representations made in this ftlrin will.aisp be relied upon, and that false representations may result in disapproval of the application or revocation of the license. 26 By my signature, I affirm - under Penalty of Perjury - that the representations made in this form are true. Rirtted Name .�. Tstle Signacur x lievrsed b12 t./ —0, REQUEST FOR WAIVER OF THE 30 DAY MUNICIl'ALrTY NOTIFICATION Date 04/25/2013 To the Mayor of the City of Buffalo: Please be advised that a waiver of the 30 day notification is being requested by THE BISON TAVERN LLC dba THE BISON TAVERN located at 1 LETCHWORTH ST, BUFFALO, NY 14213 for an ON PREMISES LIQUOR, BEER AND WINE license. This request is made to expedite the licensing process. The principle for this application is: JACQUELINE D. WRIGHT 279 KOENIG RD TONAWANDA, NY 14150 716 - 888 -0070 LANDLORD: LETCHWORTH DART LLC RICHARD STODDARD - LLC MGR I LETCHWORTH ST BUFFALO, NY 14213 Thank You, If such waiver is granted, please fax, e-mail or forward it to: Robert Heil Liquor License Consultant 5008 Mount Vernon Blvd. Hamburg, NY 14075 FAX: 866 -910 -5025 E-MAIL: THEBEILSQEMAIL.COM I'M If you have any questions please contact me at 716 - 512 -5018 s STATE ON NEW PORK Stomdardia�I 1�i01'YCE FORM I°rPrMftga Adywtce &W o a Larai Munidreamlits ox EXECUTIVE DEPARTMENT CemoumitvBosrrL wnrtnnrfan wAOmm6mbsmto &SmpL*wdrrlhadtyofe(CkX_k_ One DYV'MON tWJPkLiCOMLjC BEVERAGE COMROL. � New A 0 Rene" AgWkation ❑ Alteratinn Application STATE LIQUOR AUTHORI't`Y ❑ r fit &Chanffe foray On-Ptanirn AkohditBevmp Lieme r 1. Date the original copy of this Notice was mailed to the Loral Municipality or Community Eioard: s i 0 2. { Name of the beat Municipality or Community Board: S. Attorneys Fnll Name is: 4. Attorney's Street Address: 5. City, Town or Village: stone: Zip Cade: 6. Business Telephone Number of Atinrney 10A MW AFPf TCdR111'E VWVM X71 AI&WOM IXON MOM 70 DATB p" ALTU&TION �, ATTACH Ct�It1 M= U 'RTION AMD DIAQRAli4 QP MO AGT$RA"O MO Y'O>g CQRIit M LIOSNf3a 6 SXT FOA'L'S APFROV1'i'D >l WWV OF OPERATION O11L'L' 7. Types) of aloohoI saki or to be sold under the license: (°7C Onej IJ Beer prOy Witte and Beer Only Liquor, Wine and Beer Extant of Food Service: Restaurant (Sale of food primarily, ❑ Tavern /Cocktail Lounge /Adult Venue /Bar (Alcohol sales prltnarlly- 8. (W One) Full food men , Ydtahen run b che mee legal minimum .food availability requirements Li Hotel Live Music Disc Jockey .3uke Box Patron Daucmg (SmaD moo* 10HRUke'Sm 9 Type of establishmem- Cabaret Nigbt Club,(Large Scale Dance Club) Capacity for 600 or more patrons 11 Bed & Breakfast E Restaurant CW all that apply) 11 ❑ Club (e.g. Golf/ ❑ Catering Facility ❑ Stage Shows ❑ Topless Entertainment Recreational. Facili (sports ae..n:.'Ar .oen Licensed outdoor area: " Nose tJ Rooftop [ _ j Patio cr Deck u Preestanding Coveted Structure � Garden /11—do ( l0 . X all that aPP ly) SidewaW Cate Other (Specif 11. Will the liceaae holder or a manager be pbYaiMRY present within the establishment during all hours of operation? (` " one) ❑ Yes ❑ No 12. License serial number: Er, f�( Exertion Date: �] is. Thy applicants or license holdeea full name, as it appears or will appearon the license: WVA. ✓+tW /�� �" 14. The Trade name, if any, under which the establishment conducts or wiitconductbusinesb: 15. The establishment is located within the banding which bas the following street address: ; � ca— .lr'b r 16. City, Town, or Village: 6v' ff.&I` NY Sip Code: ` 17. The establishment is located on the following floer(s) of the h uMingina at the above address: ie. I Within the building at the above address, the establhshoaentis located within the rooms} nUrttbffe& rts- follows La A fF 19. Business telephortc number of applicant /licenses: ; fj Business fax somber v£applicant /licensee; 20. Business a -mail address of applicant / licensee: 21. Does the applicant or license holder own the building in which the establishment is located? (`X one) ❑ Yes gf'Yee, SW items 22 -A No OVINEI2 Q1� 11 E73tF$.13H�1£=1i1 3 A1}1�ISFBrIENf iLi LOCATED 22. Building owner's fill! name is: L> 'G f &E V - OiL vL G/• s • � •• 28. Buiding owner's street address. 24, City, 3bv n or Village: e L? W k L d Zip Code: B � 2$. 13uatness�lephon o£b?fiJr ��. T any the appdicapC or hold the lioanso or apt a prirrcip8l at the legal entity that holds or is apPlYing for the license. Representations in this form are in conformity with representations mad, in submitted documents relied upon by the Autiturity when 9=4 the license. 1 understand that replaasentaifons mad e in this f orm Will also be relied upon, and that Salsa repreIsutations may result in disapproval of the applimtfon or revocation of the license. By my aignaUuv, I affirm - under Peuatty ofd! WjurY - that the representatians:made In this form are true. 26, ?riate4 Norm Y'Itls � efppature '� . Revised 0001 - V) No. Leaves of Absence Without Pay I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police- Chris Brown, Marisa Masecchia, Patrick McDonald,= Roxanne Schweitzer Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection. Services- Management Information Systems Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. �}9 May 14, 2013 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT: DIVISION: DATE POLICE SUBJECT: I: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx TEXT: ( TYPE SINGLE SPACE BELOW 9 Police Surveillance Camera Monitor Chris Brown, assigned to the Video Surveillance Room has been granted a medical leave of absence without pay for the period of 5 days commencing April 24, 2013 through April 28, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME. Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: P -12f� (10112) DATE:� NAME: `! *SSN: m -xx- *LAST FOUR (4) DIGITS ONLY* RANK: ASSIGN: EWCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ I PERSONAL ❑ FMI-A (SEE BELOW) El MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MUSTATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE MVILA) IS A 12 WEEK LEAVE (THE INTERMITTENT FMLA IS A IS A 12 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID MVE'TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAIOTIG OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OFTM PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER-THEIR DEPARTMENTAL. WEAPON, RADIO, CAP SPRAY, BADGES, WREATH AND ID CART] PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE.OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL E%PLANATIQN OF LEAVE 4 r DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: PPROVED I ❑ DENIED (APPROVAL CONDTFIONED UPON SURRIEM OF DEPARTMENTAL EQUIPMENT) , POLICE INRECTOR DATE APPROVED 1 ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER COMMESIO OF - POLICE 04 cc: ORIGINAL -- ADMINISTRATION AND FINANCE (PERSONNEL. PRE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE-, FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) I: Item No. Ex. ( Item No. xxx, C.C.P. xx/xx/xx) TEXT: (TYPE SINGLE SPACE BELOW Civilian School Crossing Guard Maria Masecchia, assigned to the D- District has been granted an extension to her medical leave of absence without pay for the period of 1 month commencing April 22, 2013 through May 22, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: ,.tcs., .v - 4�.,e.,a �.�. �>:y, �.. �, a•i :F� 'yak -, ...�,. .!. DATE: NAME: RANK: *SSN: XXX- XX -6�Q ASSIGN: *LAST FOUR (4) DIGITS ONLY* EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL FMLA (SEE BELOW) ❑ MEDICAL (MUST ATTACH MEDICAL MILITARY ❑ (MAST ATTACH DOCUMENTATION) ORDERS) THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE MU INTERMITTENT FMLA IS A IS A 12 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TRVIE) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEA VE "OFABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL DATES OF LEAVE BEGINNING DATE: ` �- END DATE: RETURN TO WORK DATE: �- LENGTH OF LEAVE: II 1✓I EMPLOYEE SIGNATURE gOVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) ,, - " f0LleETNSPECTOR DATE b&PROVED / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) COMMISSIONER OF POLICE cc: ORIGINAL - ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER EXPLANATION OF LEAVE: SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE FROM: DEPARTMENT: POLICE DIVISION: SUBJECT: 1: UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) 1: Item No. Ex. (Item No. xxx, C.C.P. xx /xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW) 1 Public Safety Dispatcher Patrick McDonald, assigned to Communications has been granted an extension to his personal/employment leave of absence without pay for the period of 15 months commencing April 23, 2013 through July 18, 2014. (This is to fulfill his probationary period as a Police Officer). DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: -- P -12e (I0/I2) EDUCATIONAL EMPLOYMENT FMLA (SEE BELOW) MILITARY ❑ (MUST ATTACH ORDERS) MATERNITY ❑ PERSONAL, ❑ MEDICAL ❑ (MUST ATTACH MEDICAL DOCUMENTATION) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE MM R lTERMITTENT FMLA IS A IS A I2 WEEK / 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE EMPLOYEE SIGNATURE / / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DATE / ❑ DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP, POLICE TE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CIVIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER *SSN: X= -XX- .� �! ASSIGN: __A 'Aefq t *LAST FOUR (4) DIGITS ONLY* 0 e SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE _ FROM: DEPARTMENT: POLICE SUBJECT I: DIVISION : UNPAID LEAVE OF ABSENCE PRIOR COUNCIL REFERENCE: (IF ANY) : Item No. Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: ( TYPE SINGLE SPACE BELOW) 0 Civilian School Crossing Guard Roxanne Schweitzer, assigned to the B- District has been granted an extension to her medical leave of absence without pay for the period of 5 days commencing April 24, 2013 through April 28, 2013. DD /tlo TYPE DEPARTMENT HEAD NAME: Daniel Derenda TYPE TITLE: Commissioner of Police SIGNATURE OF DEPARTMENT HEAD: < P -12e (10!12) DATE: 4 I NAME S-- y RANK: *SSN: XXX -XX- ASSIGN: *LAST FOUR (4) DIGITS ONLY* S EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ PERSONAL ❑ FMLA (SEE BELOW) ❑ MEDICAL a (MUST ATTACH MEDICAL MILITARY ❑ (MUST ATTACH DOCUMENTATION) ORDERS) • THE FAMILY MEDICAL LEAVE OF ABSENCE (FMLA) IS A 12 WEEK LEAVE (TH INTERMITTENT FMLA IS A IS A 12 WEEK ! 480 HR LEAVE USING A COMBINATION OF BOTH PAID AND UNPAID LEAVE TIME) FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FMLA REQUEST FORM REQUIRED) • THE TAKING OF ANY LEAVE OF. ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH AND ID CARD PRIOR TO THE START OF THEIR LEAVE FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OFABSENCE AND THE CARRYING OF THE MEMBER AS BEINGAWOL EXPLANATION OF LEAVE DATES OF LEAVE BEGINNING DATE: END DATE: RETURN TO WORK DATE: LENGTH OF LEAVE: -) 2- D � F _ 0 EMPLOYEE SIGNATURE ![Z] ;APPROVED 1 ❑ DENIED ( PROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL EQUIPMENT) POLICE INSPECTOR DA Z APPROVI✓D 1 F] DENIED (APPROVAL CONDITIONED UPON SURRENDER OF DEP MENT EQUIPMENT) COMMISSIONER OF POLICE DATE cc: ORIGINAL — ADMINISTRATION AND FINANCE (PERSONNEL FILE) REQUESTING EMPLOYEE CNIL SERVICE ADMINISTRATION PAYROLL COMMANDING OFFICER 0 M Reports of Attendance I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Board of Ethics Records Management Board Board of Parking Board of Stadium and Auditorium X Buffalo Sewer Authority City Planning Board Civil Service Commission Committee on Drug Abuse Services Commission on Human Relations Consumer Electronics Board Emergency Medical Services Board Examining Board of Plumbers Home Improvement Advisory Board Municipal Housing Authority Youth Board Zoning Board of Appeals RECEIVED AND FILED. May 14, 2013 #1 SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE May 8, 2013 FROM: DEPARTMENT BUFFALO SEWER AUTHORITY DIVISION ADMINISTRATIVE SUBJECT [: BOARD ATTENDANCE ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [: This is to advise you that Board Members as follows were present at the Regular Meeting of the Buffalo Sewer Authority held on May 8, 2013, in Room 1038 City Hall: Herbert L. Bellamy, Jr., Chairman Christopher Roosevelt, Assistant Vice Chairman Eleanor C. Wilson- DiVincenzo, Secretary Absent: John D. Kennedy Sr., Vice Chairman DEPARTMENT HEAD NAME: DAVID P. COMERFORD TITLE: GENERAL MANAGER SIGNATURE OF DEPARTMENT HEAD: c� to 0 P. 0, No. Notices of Appointments - Seasonal/Flat I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. S1 May 14, 2013 #4 (Rev 7 -07) Certificate f Appointment 1n 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 appointmcnt(s) or promotion(s). 1 further ccrtify that the person(s) named in 5ched€tle "A" have been certified or approved by the Rumen 1LesourcesfCivil Service for the Appointment Effective: in the Department of Division of to the Position of 4// Iq 113 Public Works, Pare & Streets Streets Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open - Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary). Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE NAME Robert Debold ADDRESS 268 Hastings Ave. CITY & ZIP Buffalo 14295 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 52002601 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2912 -19 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: _Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE. 4118113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: .CITY'CLERK ONI13EFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLC7YEE S #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of Public Works, Parks & Streets Streets Laborer II Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) SEASONAL Open- Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Duwand Dowell DATE ADDRESS 668 Wyoming Ave. CITY & ZIP Buffalo 14215 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS O SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 15030001 TITLE CODE NO 9$24 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -18 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. StePniiak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 414!13 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: 'CITY.GLERK ON /BEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8 EMPLOYEE(S) 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer li Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) Open- Competitive, Promotional, Non- Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary) : Starting Salary of $ 12.47 hr. LAST JOB TITLE Laborer II (Seasonal) NAME James Francis LAST DEPARTMENT DPW DATE 1113 ADDRESS 137 Vandalia LAST SALARY $12.47 CITY & ZIP Buffalo 14204 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 13113001 TITLE CODE NO 9624 BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -24 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: �v� Commissioner DATE: 414113 SIGNATURE OF APPOINTING AUTHORITY: nL�=� ORIGINAL + 2 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) #4 (Rev 7 -67) 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: in the Department of Division of to the Position of Public Works, Parks & Streets Engineering Bridge Operating Engineer Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) EASP'1AIlIt_ Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) FLAT (Enter Starting Salary): Starting Salary of $ 12.47 hr. LAST JOB TITLE Bridge Operating Engineer NAME Lewis King LAST DEPARTMENT DPW DATE 1118113 ADDRESS 159 Chester St. LAST SALARY $12.47 CITY & ZIP Buffalo 14208 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG, CODE 13113001 TITLE CODE NO 600J BUDGET ACCT. OBJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -163 SALARY RANGE OF POSITION $12.47 PER YEAR DAY HOUR HOUR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: i� 414113 1 ..n SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL * 2 COPIES TO: -CITY CLERK (ONIBEFORE APPOINTMENT DATE OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICESICIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- - EMPLOYEE(S) #3 (Rev 1 -02) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of 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: in the Department of Division of to the Position of 4118113 Inspections Permit & Inspection Services Laborer II Permanent, Provisional, Temporary, Seasonal (Insert one) Appointment, Promotion, Non- Competitive (Insert one) Minimum, Intermediate, Maximum, Flat (Insert one) Enter Starting Salary) : Starting Salary of $12,47 per hour J LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME John Caputo DATE ADDRESS 317 Fargo Ave. CITY & ZIP Buffalo, NY 14213 LAST 4 DIGITS OF SS X XX -XX -8607 LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST 4 D IGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 16550001 TITLE CODE NO 9622 BUDGET ACCT. 0BJ. 412002 PROJ. ID PERSONNEL REQ. NO 2012 -164 SALARY RANGE OF POSITION PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: James Comerford, Jr. TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 3 COPIES TO: CITY CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #5- COMPTROLLER #& HUMAN SERVICESICIVIL SERVICE #7- BUDGET #13- DEPARTMENT #9- DIVISION #10- EMPLOYEE(S) SEASONAL NON - COMPETITIVE MINIMUM a 0 �.q, 3 No. Appointments - Temporary, Provisional or Permanent I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) . REFERRED TO THE COMMITTEE ON CIVIL SERVICE. May 14, 2013 6 44 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: in the Department of Division of to the Position of 4 1 �& to Public Works, Parks & Streets Streets Laborer 11 Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) ®FRMAAwtFNaT Open - Competitive, Promotional, Non - Competitive, Exempt (Insert one) NON - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 23,130 LAST JOB TITLE NAME Michael Gist LAST DEPARTMENT DATE ADDRESS 62 Lark St. LAST SALARY CITY & ZIP Buffalo 14211 LAST 4 DIGITS OF SSN. XXX -XX- LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX -XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 52002601 TITLE CODE NO 9622 BUDGET ACCT. OBJ. 411001 PROD. ID PERSONNEL REQ. NO 2012 -98 SALARY RANGE OF POSITION $23,130 - $34,139 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: Steven J. Stepniak TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 4118113 SIGNATURE OF APPOINTING AUTHORITY: r ORIGINAL + 2 COPIES TO: CITY `CLERK (ONIBEFORE APPOINTMENT DATE) OTHER COPIES TO: #3- COMPTROLLER #4- HUMAN SERVICES/CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOYEE(S) 44 (Rev 7-07) ,oertificate of Appointmel 0* In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buff prornotion(s). I further certify that the pamon(s) named in Schedule "A" have been certified or approved by die flunim R Appointment Effective in the Department of Division of to tile Position of a91�3 Streets Truck Driver (Streets) Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (insert one) T Open-Competitive, Promotional, Non-Competitive, Exempt (Insert one) OPEN-COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (insert one) MINIMUM (F.titer Starti q Salary) : Starting Salary of $23,130 P LAST JOB TITLE LAST DEPARTMENT LAST SALARY DATE LAST 4 DIGITS OF SSN. XXX-XX- NAME Ricky L. Pereira Sr. ADDRESS 128 Dame Ave. ciTY& zip Buffalo 14215 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX-XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 62002601 TITLE CODE NO 6021 BUDGET ACCT. OBJ. 411001 PROJ, ID PERSONNEL REQ. No 2012-140 SALARY RANGE OF POSITION $23,130 - $37,447 PER YEAR DAY HOUR YEAR - NAME OF APPOINTING AUTHORITY: Steven J. Ste nick TITLE OF APPOINTING. AUTHORITY: Commissioner DATE: 4/4113 SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 CO IES TO: CITY CL1✓RK (QNIBEFORE APPOIbLTMENT DATE) QTHER COPIES. 10 L#3- COMPTROLLER #,f- HUMAN SEBVI0.01CIVI L SERVIC #5- 8 . UDGE #6. DEPARTMENT #7- DIMS 1QN_ #8- #4 (Rev 7 -07) Certificate of Appointment In compliance with provisions of Section 24 -2 of the Charter and Chapter 35 -1 of the Ordinances of the City of Buffalo, I transmit this certification of appointments) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: .4L8I43�" P11"h. in the Department of Admin. & Finance, Po Icy, n. Affairs Division of Inventory and Stores to the Position of Mail and Supply Clerk Permanent, Provisional, Temporary, Seasonal, Exempt, Unclassified (Insert one) PERMANENT p � ® M ►► NENT Open - Competitive, Promotional, Non - Competitive, (Insert one) OPEN - COMPETITIVE Minimum, Intermediate, Maximum, Flat, Hourly (Insert one) MINIMUM (Enter Starting Salary) : Starting Salary of $ 34,402 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME Brian M. McCarthy Jr DATE ADDRESS 202 Columbus Ave CITY & ZIP Buffalo, NY 14220 LAST 4 DIGITS OF SSN. XXX -XX -6140 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP LAST 4 DIGITS OF SSN. XXX XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 11782001 TITLE CODE NO 0150 BUDGET ACCT. OBJ. 411001 PROJ. ID PERSONNEL REQ. NO 2012 -174 SALARY RANGE OF POSITION $34,402- $37,780 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY: William L. Sunderlin TITLE OF APPOINTING. AUTHORITY: Director of Purchase DATE: S SIGNATURE OF APPOINTING AUTHORITY: ORIGINAL + 2 COPIES TO: CITY CLERK (ONBEFORE APPOINTMENT DATE) OTHER COP1Ea TO: #3- COMPTROLLER #4- HUMAN SERVICES /CIVIL SERVICE #5- BUDGET #6- DEPARTMENT #7- DIVISION #8- EMPLOY EiS1 05 06 13;47 FROM -CITY OF BUFFALO 7 168514360 T - 366, P0002/0002 F - 908 IU Certifloa #o of Appointment In eempliane4 vdd provas dg edion 24-3 ott$t Charw and 6htplar9S -t of the ftineneee orth ft 01'PRO, 1 DOW& than ctlnil'ie On at eppeiatar ft4 or prMSOtien(e). tfurNtr 6Wfy Nei il,epomn(o) aemed inSohoduk •A' hire bean ctA ftod or approved by rhetitxnan Ae9ewrts�Clri1 Stavka'fer dr Appoidmdntli fmLiva: 05!06113 in the Dopsrtment of PDLICE Division of COMMISSIORGes Office 7 to the Position of Report Techrdclan {Spanlah Speaking) (InsanOne) PROVISIONAL {!nowt One) : APPOINTMENT (Irntctt0a : atthw MINIMUM jBittex Starting Salary)! SIarbs Saiery of $32,016 (7 SWP) scr+ed � . "aN • LAST JOB TITLE NAME Jennifer 04mlez LAST DEPARTMENT DATE ADDRESS 100 ?* Street - Apt, 802 LAST SALARY ' CiTY & EP Buffalo, NY 14201 lAST4 DIGITS OF 66N. XXX-XX- LAST JOEL TITLE NAME LAST DEPARTMENT DATE ADORERS • LAST SALARY CITY 8 21P LAST 4 DIGITS OF SO N. XXX _ LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS #_AST SALARY CITY a 21P MST 4 DIGITS OF SOK XXX -X)( LAST JOB TITLE NAME "^ LA ST DEPARTMENT DATE ADDRESS LAST SALARY CITY & 2JP LAST 4 DIGITS OF 58No XXX XX- LAST JOH TITLE NAME LAST pErARTMENT DATE AD DRESS LAST SALARY CITY & ZIP IAsT 4 010175 O $$N. XXX XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BU ACCT 091 12024001411001 TITLE CODE NO 001411001 PROJ, ID PERSONNEL E0, NO ' 2012-133 BUDGET ACCT, q9J, _ SALARY RANGE OF POSITION $82,816.636,190 (7 Slap) PF-R YEAR REASON FOR APPT, ABOVE THE MINIMUM: NAME OF APPOINTING AUTHORITY; Danlet Doran TITLE OF APPOINTING. AUTHORITY: Cornmisslonerof police DATE: OS►0211 . SIGNATURE OF APPOINTING AUTHORITY: gyHrR r 0pjP_&. v*r AuPTR0LL§Il M IAWA Wk1AM— MM-kL9= 97 EW ii& ARY LN_T_ ll&nfviAit) #Ifl• nVFF yJ — YJq — is is ; i rnuu t Y V nurriiLV 1 - 0oo ruuvj -L/ VJVJVe r - �vo #3 {te'v 1-02) G of Appointment la pempiianCa with prpv&Ipes oFSM*11 Z4-2 Cffll a Chow end C4apl;054 01ft thdioeaoee ufft City 0r9, VQ, I trwmit this terl�eettenOleppelntreent(a) Or PrOIRW0001 3 a»um Dowry thetao penDn(s) Damdia 8ehedulo "A f m beta to f&4 or approved bytbetrumml{eatMaeYC 0 BeWice forma Appciotltse tEf&Cdvc r'+IiLn�a� 1Q�fP3Gv� /3 c in the Deparm ant of POLICE Diviain of Float Maintenance to tho P'osllion of SUPerintondent of Fff st Maintenance awort One): PROVISIONAL. (bign 4ae) ; APPOINTMIaNT (tosonOne) ; at the: MINIMUM jEsttor Swbg salary) : Starting salary of $47,430 (S step) 1 "= LAST JOB TITLE NAME William Meaur LAST DEPARTMENT DATE ADDRESS 5014111110VIMS Dflve LASTSALARY OITY&IIP Orchard P ark, NY 14127 LAST' 4 DIGIT$ OF 88N. XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE AODRESS LASTSALARY CITY &ZIP LAST 4 DIGITS OF 88N. XXX LASTJOB TITLE NAME LASTDEPARTMENT PATE ADDRESS LAS SALARY CITY & ZIP LAST 4 DIGITS OR SON, XXX - XX- LAST JOB TITLE NAME LAST DEPARTMENT DATE ADDRESS LAST SALARY CITY & ZIP LAST4 DIGITS OF SSN. XXX — )O( LAST JOB TITLE NAME LASTOOPARTMENT DATE ADDAM LAST $ALARM CITY ZIP LAST 4 CISITS OF SBN. XXX-U- REFERRED TO THE COMMITTEE ON COIL 9ERVICE BUDGET ORO, CODE 12024001411001 TITLE CODE NO 2161 SUDG15TACC7.08J. 12024001411001 PROD. ID FERSONNELREQ. NO 2012476 SALARY RANGE OF POSITION 547,431 $85,304 (6 SLOP) PER Y @AR REASON FOR APPf. ABOVE THE MINIMUM NAME OF APPOINTING AUTHORPY, Mniel Coranda _ -- - TITLE OFAPPOINTING.AUTHORITY: Commissioner of olice• - DATE: G iQ . SIGNATURE OF APPOINTING AUTHORITY: ' 4 • r,� INAt + a 7^021 ;— 'relT" n� �g roNmaFrmF APPQIN'171F.�'tfnfEi trra' �RftPIi: RSO:# 6; CAMPTSDJ. IERflB- JdtL�N #F>QVr�.F�ffCNq.SER p� 4g. EEPAR�AHNT_ a!A -tt I it1C �PLA_YQEfS} �Y NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES R taxi melts _[41 I:1_riK!]T1Tuu "We M116POR May 14, 2013 Memorandum To: Deputy City Clerk Gerald Chwalinski From: Program Packaging and Development Services (PPDS) Provider May 7, 2013 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 6, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated April 8, 2013 3. Fully Executed Phase V Application and Certificate for Payment No. 40 — March 2013 4. Phase Ill Application and Certificate for Payment No. 58 — April 2013 5. Phase V Application and Certificate for Payment No. 41 — April 2013 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project — March 2013 8. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V — March 2013 REF F THE SPECIAL fflod c w l .. N EDUCATION To: The Buffalo Common Council �, O A,7c, 6-X A13 p 1 -1 ,6 MC,��JA C-t�4/ From: The Independent Producers Alliance ( Apollo Media Center) In the 2:00pm committee meeting in the common council chambers on April 23, 2013, the committee chairman Mr. Pridgen instructed the director of the office of telecommunications, Tom Tarapaki, to meet with us (IPA) and start a dialogue about the changes needed at the Apollo. As we departed the council chambers Mr. Tarapaki set a date for the meeting of Friday, 4 -26 -13 at 12:30pm at the Apollo. The meeting started at 12:40 and at 12:45 Mr. Tarapaki informed us that he had a meeting at 1:00pm. I asked him why he would meet us at 12 :30pm when he knew he had a meeting at 1:00pm. I feel he was not acting in good faith. Tarapaki refused to set a date for a next meeting. Tarapaki refused to talk about anything except what he wanted to talk about. He said he had a laser like focus on the front studio equipment, yet his list did not include all the equipment necessary to properly update the front studio. Tarapaki brought a equipment list with no prices connected to each item, in fact there wasn't even a total cost attached to the list. We felt he was very disrespectful with what he presented us with. This action was an insult to the intelligence of every person in that room. Councilman Riveria informed Mr. Tarapaki that he wanted the producers to be satisfied with the changes to the Apollo before the council would approve his budget requests. To Date we are not satisfied. Mr Tarapaki has not followed the instructions of the common council. I meant with Councilman Rivera on Wednesday, 5 -1 -13, and after discussing the situation with him he suggested that I submit a request to come before the council pertaining to these issues This is a formal request to go before the council and get some clarity on these issues. 54 �h H Also we request the following information at the common council chambers meeting 1. Copy of the annual budget request from the office of telecommunications 2. Access to the public files relating to Public Access at the Apollo 3. The exact amount of funds allocated for Public Access equipment updates from Time Warner 4. The exact prices of the equipment listed on Tarapaki's List 5. Copy of expenditures on public access equipment for the last 14 years 6. Answer to why the time of operation at the Apollo hasn't been extended to date 7. Answer to why the Independent Producers Alliance can't have an office space in the Apollo Media Center 8. Who is the contact person at Time Warner ? This is a formal request to come before the common council about these issues Sincerely, Nate Boyd President, Independent Producers Alliance 5 -1 -13 I REFERRED TO THE COMMISSIONER OF PUBLIC WORKS AND DIRECTOR OF TELECOMMUNICATIONS JOSEPH GOLOMBEK, JR. NORTH DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, 1502 CITY HALL BUFFALO, NY 14202-3318 PHONE: (716) 851 -5116 May 3, 2013 Gerald Chwalinski City Clerk Rm. 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski, . ' L LEGISLATIVE ASSISTANTS TIMOTHY VON DER EMPTEN SANDRA BATTEL COMMITTEES COMMUNITY DEVELOPMENT LEGISLATION MBEC WATERFRONT I ask that you file the attached Ietter for discussion at the May 14, 2013 Common Council meeting. I thank you for your time and consideration on this matter, If you have any further questions, please feel free to contact me at 551 -5116. Sincerely, '�OA up Joseph Golombek Jr. North District Council Member JG /tjv L 4.. commint �CDti1�C(Y City of Buffalo From: Robert Hirsch [ mailto :hirsch @lightresearch.net Sent: Thursday, May 02, 2013 09:56 AM To: Councilmember Golombek - North Cc: Adele Henderson < adeleh@roadrunner.com > Subject: Terrible Time Warner Service Dear Joe, We would like to express our disgust with the lousy service and customer support Time Warner is supplying to our area regarding Internet and telephone service. In the past week or so we have experienced on -going service outages, lasting hours as well as spotty service, which has Not been rectified. We end up speaking to someone in India, are left on eternal hold, their technicians are unable to fix the problem, and they do not seem "to have the enough knowledge staff to support their service. Due to the monopoly that the City of Buffalo has granted Time Warner we don't much choice. Who wants to do business or live in an area that can't even provide reliable Internet and telephone service? Please advise. Thank you. :.. Robert Hirsch & Adele Henderson 146 Newfield Street Buffalo, NY 14207 -1650 USA 716 -871 -9600 REFERRED TO THE COPM'IISSIONER OF PUBLIC WORKS AND THE DIREC'T'OR OF TELECOMMUNICATIONS Gerald Chwalinski City Clerk / q � ) 65 Niagara Square Rm 1308 City ball Buffalo, NY 14202 Mr. Chwalinski, applied for a chicken license with the city clerk on April 9, 2012. The clerk received one complaint about my application, and I was told the Common Council would vote on the application on May 14. have talked with Mr. and Mrs. Frank Price about their complaint. During our conversation on May 9, 2013 he stated that he felt we were addressing his concerns adequately and that he had no problem with us going forward with obtaining the license. He offered his phone number to be contacted further by myself or city officials about this issue. He can be reached at 716 - 885 -2471. In response to his concerns: 1. We stated that we have young children and aim to keep the coop as clean as possible and have no desire to spread diseases for our own sake as well as our neighbors. Research shows that chicken to human transmission of disease is rare, happens mostly to those directly handling the birds, and is most commonly transmitted by eating food that has come in contact with chicken feces, and we don't plan on doing that! 2. We too share Mr. Price's concern about the stray cats in the neighborhood. We do not keep cats at our property, and have experienced the same problems with stray cats, including them getting into our home. 3. If sexing errors occur we will immediately remove the roosters. They can be relocated to my sister's chicken farm or friends who live in Steuben County. 4. As stated in our application we will be removing manure regularly and putting into the rat -free compost systems we have at our nearby community garden. It is an elevated metal tumbler composter with latched openings. In this system it will compost quickly and be incorporated into the garden soil, minimizing odors. 5. 1 also encouraged Mr. Price to contact me directly with any future issues and we will do everything we can to be good neighbors and eliminate problems that arise. We have only been in the neighborhood a short time, but have had nothing but a cordial relationship with Mr. Price. Additionally I contacted residents at each of the remaining properties within 50' of our property, and residents of each property signed a petition in support of our application. Please see the attached petition. I ask your office, the Common Council, and the Mayor to approve our application for a chicken license. We have been very responsible home and land owners. We have renovated and re- inhabited a blighted house that sat empty for years, and created numerous community and market gardens in our neighborhood. When the city inspectors took issue with the way some of the materials at our garden lots were being kept over the winter, Sean Mulligan, from Councilman Rivera's office, can attest to how upon his visit to our property, we were out in 20 degree weather working to correct the problem. We will be just as responsible and responsive in the upkeep of the chickens we are hoping to keep on our property. appreciate your time and consideration. Sincerely, 4 - Matt Kauffman v 140 Dewitt St. Buffalo, NY 14213 kEFERR TO THE COM MITTEA ON • S � We Support Local H ealthy Food! Y am in SUPPORT of Matt Kauffman, residing at 140 Dewitt St., Buffalo, NY, raising chicken hens at his residence. Signature: Address: YO " I 1. G. 7. 8. 9. 1 1 2. ve- U d -Peru 3. _ vXu n Cr /1 +�--L 4.kl�(et t l Lai, �� 5. �rJ At T's 7MM 701 W wo A � 4 17. W49 r r AD�os�� May 9 2013 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 Re: Proposed Green Code Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on May 14th, 2013. Thank you in advance for your assistance in this matter. Sincerely, MICHAE . LoCURTO Delaware District Councilmember REFERP1, COMMITTEE ON U, 55 Argyle Park Buffalo, New York 14222 April 24, 2013 Sent via email Mr. Chris Hawley Office of Strategic Planning City of Buffalo 901 City Hall Buffalo, NY 14201 Re; Proposed Green Code Dear Mr. Hawley; The Working Group Draft Green Code, or "City of Buffalo Unified Development Ordinance," is an impressive and progressive piece of work. I do have two or three serious reservations, however. The proposal not to include any off - street parking requirements, but to leave this issue to the market, violates the basic rationale for land use regulation -- that the market does not adequately account for and restrain external costs. A developer who is allowed to undertake a project that will generate greater demand for on- street parking than the neighborhood can reasonably accommodate is able to impose a large part of the costs of inadequate parking upon neighboring residents and the community. Bearing only a small part of the costs himself, the developer will lack sufficient incentive to provide the off-street parking necessary to avoid those costs. The risk that developers will not provide enough parking would be increased both by the relaxation of density and use restrictions in the new code, and by the requirement of major site plan approval for construction or expansion of parking lots with ten or more spaces, which might become something of a disincentive to provide off - street parking. It is not necessary for the Code itself to prescribe minimum off - street parking ratios. Rather, the Code could address the issue by including parking as a subject of major site plan review and expanding the scope of such review to include construction at a much lower threshold than the proposed 40,000 square feet. r Chris )Aawley April 24, 2013 Page 2 Even apart from the parking issue, I believe that the scope of major site plan review should be extended to include projects smaller than 40,000 square feet, and that major site plan review should require approval by the Common Council. The positive experience of the Elmwood district in the last several decades is owing in significant part to the role of the Council in the development review process, and the opportunity this offers for effective citizen participation. In view of the admirably innovative character of the new Code, care is needed to avert unintended adverse consequences. To that end, it would be prudent to require site plan review and Common Council approval for a relatively broad range of development projects at the outset. To the extent that such review proves unnecessarily burdensome, it could then be dispensed with by amendment of the Code as experience indicates. Thank you for your consideration of these views. Sincerely, 1 A l al � James L. Magavern JLM /ff /kkh cc: Brendan R. Mehaffy, Esq. Executive Director of Strategic Planning Michael J. LoCurto Common Council Member Gerald Kelly, President Gerald Kelly Capital Corporation 199008.0999\381449.doe W BOSTON TA OFFICE OF THE PRESIDENT BOSTON CITY COUNCIL STEPHEN J. MURPHY PRESIDENT April 25, 2013 Richard A. Fontana Common Council President Lovejoy District Council 1315 City Hall Buffalo, NY 14202 1 APPA6C, 1 7 1 1 G017A)c_iz_ Dear Council President Fontana, On behalf of the Boston City Council, I thank you for your kind words in light of the recent events that affected our City. The outpouring of compassion from across the country is made more evident every day. Boston has a reputation of being a city of deeply defined neighborhoods. There is a reassurance in knowing that strangers standing next to one another are now considered neighbors who have stood with us in the face of tragedy. I am proud of the way Bostonians responded to the events on Patriot's Day. Our City, State and Federal officials acted swiftly and competently, showing professionalism beyond measure. The City is transitioning back to normal operations, Your condolences and support are greatly appreciated during these difficult times. Sincerely, ) Ste n J. M rphy Pres ent Boston City Council RECEIVED D. FILED L 5� One City Hall Square • 5th Floor • Boston, MA 02201 Phone: 617 - 635 -4376 • Fax: 617 -635 -4203 • E -mail: Stephen.Murphy@eityofboston.gov 77111 Phillips Lytle LLP Via Hand Delivery City of Buffalo Common Council Attn: Gerald Chwalinski, City Clerk 1413 City Hall 65 Niagara Square Buffalo, New York 14202 Q0 0u May 2, 2013 Re: Application by T- Mobile Northeast LLC for installation of communications tower and related equipment at the property located at 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site ") Dear Ladies and Gentlemen:: This Firm represents T- Mobile Northeast LLC ( "T- Mobile" or "Applicant "), and we submit this Letter of Intent on its behalf in connection with its application ( "Application ") for a Restricted Use Permit ( "RUP ") from the City of Buffalo Common Council ( "Common Council ") pursuant to Section 511 -158 and Section 511 -55 of the Charter and Code of the City of Buffalo ( "Code ") to construct a new wireless telecommunications facility ( "Facility ") at the Site ( "Project "'). The Facility will replace a site that was recently decommissioned at Deaconess Hospital on Humboldt Parkway (the Hospital was demolished). A temporary site consisting of a cell tower on wheels (trailer with 86 foot guyed monopole) was established at 533 Northampton Street upon the decommissioning of the Deaconess site to continue to provide service. However, T- Mobile needs to develop a permanent replacement for the Deaconess site. The Project is proposed pursuant to a lease between St. Martin De Porres Roman Catholic Church Society of Buffalo, N.Y. as Site owner and T- Mobile as tenant. The Project will involve the installation of a 90' monopole, with six (6) antennas initially (ultimately nine (9)), at a centerline height of 90' and a base transceiver station with three cabinets within a 50' by 50' fenced area. See Exhibit A. The fenced area will be screened and landscaped. PRED T THE C WITTEE ATTORNEYS AT��� ®gQp L EGISLA TI ON 9� ADAM S. WALTERS, PARTNER DIRECT 716 847 7023 AWALTE LLIP5LYTLE.COM 3400 ii5$C CENTER BUFFALO, NY 14203 -2887 PHONE 776 847 8400 FAx 718 832 600 BUFFALO ALBANY CHAUTAUQUA GARDEN CITY NEWYORK ROCHESTER WWW.PHtLL1PELYTLE.COM r� May 6, 2013 0.5 C-V /OL - O�/ t' y A06-6(ItA4- 0001) Please file with the Common Council asap. Thanks. CM Bonnie E. Russell 65 Oeorgr A. ZIrtbur 754 Roebling Avenue Buffalo, New York 74275- -3308 776- 896 - 6788, #1�a c April 29, 2013 Hazardous Book CU Clerk's Office 13 Floor, City Hall 65 Niagara Square Buffalo, New York 14202 Dear Sir, REcIEIvED APR 3 o 2911 311 I wish to report a very dangerous condition caused by the roots of a city owned tree in front of 154 Roebling Avenue, Buffalo, New York. The roots of the tree have caused one panel of the sidewalk to rise above the others making it uneven and cracking in the middle. Taxpayers walking down the sidewalk have tripped over the raised panel. We are afraid that one of the children or residents of the neighborhood may trip and cause bodily harm to themselves. We are hereby putting the City of Buffalo on notice of this very, very dangerous and hazardous condition and requesting that it be repaired immediately and make safe for all to walk and play. We are also requesting that this notice be entered into the City's Hazardous Book and please let us know the date and time of entrance. Sincerely, George K. Arthur REFERRED TO THE COMMISSIONER OF PUBLIC WOTRKS F PETITIONS May 14, 2013 QOG I- A. Walters, Agent, Use 535 Northampton to Erect a 90' Monopole Cell Tower (Ell)(hrg 05/21) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD [P OFFICE OF THE CITY CLERK GERALD A. CHWA_ LINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics a` 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5439 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TOTHE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: 35 To be held in the Council Chamber, 13 Floor, City Hall On: 1 -I r�� _ t L l " P r1ofa le C& (/ at 2:00 PM 7-0a) I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, l will inform said owner, petitioner or his /her agent of the above. Print Name L fly" hone # -,- I Date !�l - . 2 - sn ATTENTION PLEASE ALSO CONTACT THE „PLANNING , BOARD, 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo TOWERISATT Building Application 65 Niagara Square Buffalo, NY 14202`, j (716)851 -4949 Fax (716)851 -5472 Report Date 05/02/2013 02:04 PM Submitted By DAVID KRUG Page 1 A1P # 194647 Stagies Date I Time By Date 1 Time By Processed 05/02/2013 14:02 KRUGD Temp COO Issued COO Final Expires Associated Information -- valuation Type of Work # Plans 0 Declared Valuation 120000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group Actual Valuation 0.00 Square Footage 0.00 Name Description of Work COMMON COUNCIL APPROVAL REQ. (SEC. 511 -155 CELL TOWERS IN THE R2 DIST.) PUBLIC HEARING AND FEE REQUIRED ERECT A 90' HIGH MONOPOLE CELL TOWER ON A VACANT LOT ADJACENT TO A CHURCH. PLANS REQ. Parent A/P # Project # ProjectlPhase Name Phase # Size /Area Size Description Address 535 NORTHAMPTON BUFFALO NY 14208 - Location Contact ID AC282838 Name CATHOLIC CHURCH SOCIETY BFLO Mailing Address 555 NORTHAMPTON Organization City BUFFALO State /Province NY ZIPIPC 14208 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From TO Owner Y From To Contact ID AC271313 Name ST MARTIN DE PORRES ROMAN Mailing Address 555 NORTHAMPTON Organization City BUFFALO State /Province NY ZIPIPC 14208 Country USA Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From To No Addresses are linked to this Application No Addresses are linked to this Application ❑ Foreign ❑ Foreign No Other Addresses are associated to this Application City of Buffalo 65 Niagara 5quari Buffalo, NY 14202' (716)851 -4949 Fax (716)851 -5472 l Report Date 05/02/2013 02:04 P w TOWERISATT Building Applicatio I r 'Po Submitted By DAVID KRUG Page 3 TDR 11 &litl'fEL( FE ❑ Work Done by Owner ❑ Zoning Board of Appeals 1 ❑ Work Without Permit (FINE) No. of Towers: 0 ® Electrical Permit No. ofSattelite Dishes: No. of Antennae: 6 Height in Feet: I 90 i Debris: ( ^.$ 3 i b. £ ,, I t i. �m ayl6! t 'l ast R FIrS MI G §mmants ;` ' M No Employee,.Entries V, E rir��tto T ',., Ag-" '�'p S p R .rr ntQre.ISy, Qt�EE I I � S i l i Uq[8 I ` 'StO� 'F 1 �' i _� 1 1. 3( R � - I I I I , I I III _, Id.� F„ - 1 E � I -•! _�AYQ�"l�n���F _ , .a No Log Entries I E f 0000 Y. Amin, Owner, Use 1146 AKA 1150 Hertel to Expand an Existing Bakery /Take Out Restaurant With an Outdoor Patio(Del)(hrg 05121) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD �1 OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 6� 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (7 16) 851 -5431 FAX: (716) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TO THE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING: I To be held in the Council Chamber, 13 Floor, City Hall On: at 2:00 PM I am also informed that this is the only notice that the petitioner and or owner will receive, and that if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. d G [Agen Ownerj Name U 6 Irv—% Phone # C-PBD � �5 4' L ATTENTION PLEASE ALSO CONTACT THE PLANNING BOARD, 851 -5085 FOR PLANNING BOARD MEETING City c 'Btiffalo OUTDORCAFE Building Application 65144igaia Square Buffalo, NY 14202 (716)851 -4949 Fax (716)851 -5472 F Report Date 05/06/2013 08:39 AM Submitted By FLD Page 1 Alp # 194862 I t ,lAppli��t {off lnforrir�trnn ` I ' � :• Stages Date / Time By Date / Time By Processed 05/06/2013 06:39 DIGEF Temp COO Issued COO Final Expires A swd�Rted Information Valuation Type of Work # Plans 0 Declared Valuation 0.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews Bill Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name D ri tion of Work kkRRESTRICTED USE PERMIT(PUBLIC HEARING), ENGINEERING APPROVAL REQUIRED 511- 59F.(1)k ' TO EXPAND AN EXISTING BAKERY/TAKE -OUT RESTAURANT WITH AN OUTDOOR PATIO 8'X25' ON THE R.O.W. IN THE HERTEL AVE SPECIAL ZONING DISTRICT. AKA 1150 HERTEL Parent A/P # Project # Project/Phase Name Phase # Size /Area Size Description P IR ::sx k 4 ; } t ,. w - j• , G - L , 'T r Y., - L - 4 j - Y1 I: �.F.E 6$.°. Address 1146 HERTEL BUFFALO NY 14216- i Location '�,:1y''e 1. 7 °. rk : l. d .'�I � a;4 I r x .° ^: � L _iA, S u45' lf£c � L �..l l YR. . ` F 3 ' , E. �.h. - . 7 ' Cv ,.yA Ii :. L IS 4Y f i ':k4 4K�A • 'Yj "" �L P '. �':"("' %:.. `a�A 1 Pr+ LC e� 4 d I k " li ZY� t.. S��� 4:. ': .Q,r•� fd kl ` � 1 :�`�. �v "s'� s. .> �� I :r. �""� .,; F ....�� .;II��., �'.`. Contact ID AC1215541 Name ASSOCIATES LLC 1256 HERTEL AVENUE Marling Address Organization City 777 NIAGARA FALLS BLVD State /Province AMHERST NY ZIP /PC 14226 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/2212005 To 05/06/2007 Contact 1D AC373002 Name SAMI AMIN - Contact 392DEXTERTER Organization City TONAWANDA State /Province NY ZIP /PC 14223 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/05/2013 To Contact ID AC373003 Name YASMIN AMIN Mailing Address 392 DEXTER TER Organization City TONAWANDA State /Province NY ZIP /PC 14223 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/05/2013 To City of Buffalo OUTDORCAFE Building Application ,, 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax (716)651 -5472 Report Date 05/06/2013 06:39 AM Submitted By FLD Page 3 APPLICATION FEE U 25.00 PERMIT FEE U 0.00 Total Unpaid 25.00 Total Paid 0.00 There are no Inspections for this Report 1620491 ENGINEER 1 Incomplete ❑ 05/06/2013 08:39 Detail 1. PRIOR REQUIRED APPROVALS Modified By digef Modified Date/Time 05/06/2013 08:36 Comments No Comments PRIOR APPROVALS Bflo Arts Commission ❑ Arks Comm. Approval City Survey (con f) ❑ Subdivisions Permit Office ❑ Asbestos Survey ❑ Asbestos Abatement ❑ Special events ❑ Bond /Certified check ❑ Assessment Combination City Engineering Common Council ❑ Admin Office /Apts R4 ❑ First Insurances Check ❑ Public Works approval ❑ Curb Guts ❑ Beauty Parlor R2 ❑Notarized Permission) for portable sign one year ® Encroachment ❑ Canopy /Marquee ROW Lease showin Use g ❑ RadenWermin Bait encroachment ❑ Oversize Trucking ❑ Freestanding Sign ❑ SewerlWater Cut ❑ Sewer Retention ❑ Plumbers' Cuts ❑ Human Service Facility ❑ Simple Demolition ❑ Telecommunication ❑ Street Cuts ❑ Portable Sign in ROW ❑ Simple Plan Approval ❑ Tree over 4" at 4' City Planning L) Restricted Use Permit ❑ Other ❑ Zoning/Use Check ❑ Thruway Sign approval ❑ Citywide Site Plan ❑ Subdivisions Environmental Review Preservation Board ❑ Zoning Variance ❑ Urban Renewal ❑ S.E.Q.R.A. ❑ Preservation District ❑ N E P A ❑Contiguous Check City Survey ❑ Address Permit Law Office Water Department ❑ Development ❑ Insurances Check ❑ New Water Supply ❑ Flood Plain ❑ Title Held ❑ Water Retention No Conditions There is no planning condition forthis project. No Records for This Search Criteria 0 0 ra B. Bernatovicz, Agent, Use 175 North for a Freestanding Sign Not Flat Against Building(Ell )(hrg 05121) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics MARY H. BALDWIN Deputy City Clerk MILLY CASTRO Deputy City Clerk Vital Statistics Deputy Registrar of Vital Statistics 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 94202 PHONE: (716) 851 -5431 FAX: (796) 851 -4845 THIS IS TO ACKNOWLEDGE THAT I HAVE BEEN INFORMED AS TOTHE TIME AND PLACE FOR THE PUBLIC HEARING REGARDING. To be held in the Council Chamber, 13` Floor, City Hall On: at.2:00 PM am also informed that this is the only notice that the petitioner and or owner will receive, and that-if I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above. Signed (Agent/ Print Name �� ' \�_ Phone # Date C V) ' C( ATTENTION PLEASE ALSO CONTACT TM E„ P LAN NING BOARD, 851 -5085 FOR PLANNING BOARD MEETING City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 14202' (716)851 -4949 Fax (716)851 -5472 Report Date 05/08/2013 01:15 PM Submitted By FLD Page 1 A/P # °° 191605 � 1 kl J. 1�llCatfOfl lnfrrmetfon s , n .,.< 4. Stages Date / Time By Date / Time By Processed 03/01/201312:16 GRUND Temp COO Issued COO Final Expires ssociated Info rmati o n Valuation 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 o f W rk COMMON COUNCIL APPROVAL REQUIRED, SECTION 387 -19 FOR A FREESTANDING SIGN. PUBLIC HEAR €NG REQUIRED, FEE REQUIRED. ZONING BOARD APPROVED 3120113, SECTION 511 -24 G(4), FOR SIGN NOT FLAT AGAINST BUILDING. ERECT A SMALL POLE SIGN TO THE FRONT YARD OF A 3 STORY MASONRY MULTIPLE DWELLING BUILDING. DRAWINGS REQUIRED. I Parent A/P # Project # Project/Phase Name Phase # Size/Area Size Description ' ] 4 f R y to 'S4 L`g - k. 1 -- i't' f?Y` S k. ' ! i S : �- y 'y .g H 2 c li - �r i r=< s Address 175 NORTH ST BUFFALO NY 14201 - Location kl.: F. j :;fr Y Z ,. Y S, : ' , ' 1 �✓ 4 �'r� i J - j( rtfy '.. �.. � � l }IF i f S` k�4 , fi n : 1 I. —I Contact ID AC1257477 Name (THE) KISSLING INTERESTS LLC Mailing Address CIO LARGO REAL ESTATE ADV Organization city 2420 N FOREST RD State /Province GETZVILLE NY ZIP /PC 14068 Country ❑ Foreign Day Phone (796)853 -2787 x Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/06/2007 Contact ID AC354616 Name THE KISSLING INTERESTS LLC Mailing Address 298 MAI N ST STE 222 Organization City BUFFALO State/Province NY ZIP /PC 14202 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/03/2000 To Contact ID A060193 Name (THE) KISSLING INTERESTS,LLC Mailing Address 175 NORTH ST Organization City BUFFALO State /Province NY ZIP /PC 14201 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 City of Buffalo SIGNS Building Application 65 Niagara Square Buffalo, NY 1420 (716)851 -4949 Fax (716)851 -5472 fk% Report Date 05/08/2013 01:15 PM Submitted By FLD Page 4 fl; �A. -NM - s '': t'� �':. f� � � s3 -' I I ' 4 �F � :`•.'�. i '� 7 gs� - I ?3x � � � � F I ". '✓ V ifi :..r ."'� -- zzz"rrr." -rXY _i!I it i t �": ": _ ` • E` 8 rr '.] E i iiN ,:fit Jh' ffr� 4 g £z .'', 8 j { Mwlv # r ' - :s % z$, �- 5{ I - lri C) Work Done by Owner ® Zoning Board of Appeals 03/01/2013 12:08 Work Without Permit (FINE) FLAT FEES NO. TYPE OF SIGN SIZE(S) TOTAL SQ.FT HEIGHT 1 Pole Sign 31" BY 33" = 7 4.0 0 Ground Sign = 0 0.0 I 0 Wall Sign - 0 0 Awning Sign = 0 0 Advertising Sign = 0 0 Projecting Sign = 0 0 Roof Sign = 0 Zoning District: R5 .:: tl4"a ! ". -1 .F .hk 1 - S 4'4 7 4 f 3' jL I ti �. 1 } 4 b :+.". I '` :F r�,lI "def�re 1 r!s � a u Y I f 3 iJ Y . a - h a E + a S r a. II 1 1 l M. � e� r' yp�•- � ?':�•'��.�tl�0�e��� {p:r� e � xs_. �iOlNfii, �+ . - v� , . �F r" � q.�8, i .. ug � �'w 'u I -I .� I' I f 11 J'�i ; I . .t r,,;.' I' I I li - -- .e::ir� ,I ., I � r There are no Items in this list i A. Utz r 91: { INrt c '� i'I I'I�I °s IJI. 7 P =1 d`s .•':> � e - ,'t� #¢� �[,= 11h�`� No Employee Entries '4. - �73t ,f" 'd<,.1 �n a'.. � � - , �� , � � ,• „� =A�... _}. � -' Z' � .. ��. � 1 f k.. :-1:s, .5"i, '.' �:f� { ° °r•.?#'7' �' - 1,.,, -,!� 'kx -'i: a r � '.,� r �.. �- �{ r ct b f I _I I � 3t? � a, r7 _ $ i a�;.,,� ,I�1. � nr�. � „r „�EF a > _ ��>,��,.. `f I 41 F . �a� ��< _: I [ I � � ��I,,: , �� � ry e. ,�,. E ':� €'� K/. �t. ��Y , -.. - Pi i I�.;: S,l - ui',1 Id'N � 2 •�:�' >E " "'� A�`k -.., F.�• ". A ..: � 1p ' d � _ -� � . i�:- ...s a.. "d �l , " I: Ci q ' 1 - ..k .n5 �a3s >' No Log Entries Cast Aluminum Finial Painted Black (SP) ( Ornamental Post B Panel #SF4B) 104' {8' 8') 4' x 4' Square tube post Painted Black (SP) Side A 48" -1-:-`° T- Cast Aluminum Base Slip Direct Painted Black (SP) 19 L set screw in place U (Ornamental Past & Panel #5646) Side A 48" -1-:-`° Direct Embed in commercial grade Quikrete 5000 concrete mix J� si 2957 Alt Blvd. Grand Island, NY 14072 �♦ 716.775.3329 fax Sigaage lnnlawUM www.asisigrtage.com Fabricated Aluminum Hanging Bracket Painted Black (SP) (Ornamental Post & Panel #OH &M) 3/4" Panel Suspended from Hanging Bracket 3/4" Removable Panel Suspended Tram Top Panel Project: 175 North Street Client: IGssling Interests Start Date: 12.28.2012 VP Scale: 1" =14" Revised: 03.05.2013 vp Reviewed: 00.00.0000 33" 5•l /Z' — 3 -3/4" 1 - 1 T' 2 -1/4" 31" T 25 /2" 4.114" 21/4" t 11-9/16" F _ 3-7/8" Background Painted Black (SP) 3/8" Border, Located 112' from edges 3M 220-20 Matte White vinyl (SLTV) Typestyle: Bulfinch-HPLHS 3M 220 -20 Matte White vinyl (SLTV) (2) 3/8° K 25 -1/2" Ruleiines 3M 220 -20 Matte White vinyl (SLTV) Typestyle: Copperplate Gothic Bold 6 Light 3M 220 -20 Matte White vinyl (SLTV) Logo 3M 220-20 Matte White vinyl (SLTV) Note: For Layout Only. Vector Logo Needed. 5 -7/8" 1-1 22" - - Typestyle: Copperplate Gothic Bold 3M 220.20 Matte White vinyl (SLTV) Panel Details Scale: l" =10" Remove Existing Copy an Awning & Apply new white vinyl address (8y others) Photo Placement 9 CONCEPTUAL PHASE 0( DE5115N DEVELOPMENT © PRODUCTION DOCUMENTS Legal Notice eds drawing 6 the pwpety cl M Ihil aawng If vabniKed mdtta wlfledalrgadordrdp for u spe6rd Mpme aid OR KilrAal, by mg09 lfds damrneln, a a+urtes u dp W agrees War Wn ddOROfi All nA mpi,d a repreds dinr Is,, In park rwr Its meNa aereeWd N any nwAeeagrhsry pmm ump[len tWe PI WwWlhK— deemed with te�pae rfitOm per�amn homes, 5. -- Scale: 1" = 28' 5 r a 064 J. Carrier, Owner, Use {DO E. North St. -To Place 4' Fence and Post for Canopy on City ROW, Outdoor Cafe W /Live Music (Fill)(Nno hrg) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD f�3 C5 S H (fh i �L�l►� u7clt l z-At 4 1.11�P (,nu61G NAME OF ADEN JOWNE . PHO CA �� 5 y � ADDRESS PROJECT ri:.r,, - 71, 3 � SC 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. AP MESSAGE TO APPLICANT: PLEASE CONTACT THE CITY PLANNING BOARD (851 -5085) TO DETERMINE lk WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. (SWI-CA Ar ;-a) Aw-- 6-19-kl,5 City of Buffalo 65 Niagara Square Buifaf6, NY 14202 (716)851 -4949 Fax(716)851 -5472 OUTDORCAFE Building Applicati Report Date 05/02/2013 03:02 PM Submitted By Mike Castro Page 1 1 AIP # 194651 rf - t` - - - [ -'Ir yFF 4 1 .('� I. Y t : aKttE�AS: 9 f'f .L ry[ }d _ l _ J, 7l' ':3EyL . �.'i =. - - _. w F l _ -' al ',;z., •C', .- �: �s �` 7. - � I e, rs`'y �_ - ..g kr,{ {{ 'r°e'� _� �'"L "." L��' F ��•r =±.f� �� :hye � .. ��1�a "'"a_i w!,r :F ..,,r 7 - _ '7 'R ft P 1 r {. _. „r't:,i:.u� y �}J.. Crw_ �f _ K -= ��?�.....&.�Sr f = W. -• Stages Date I Time By Date 1 Time By Processed 05/02/2013 14:49 CASTM Temp COO Issued COO Final Expires Associated Information- Valuation Type of Worts # Plans 0 Declared Valuation 2000.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority ® Auto Reviews 8111 Group FLAT Actual Valuation 0.00 Square Footage 0.00 Name Description gf Work * * *ZBA REQUIRED * ** 511 -12 PERMITTED USES & 511- 32E(1) PERMITTED USES * *"`COMMON COUNCIL APPROVAL REQUIRED -NO FEE, NO NEARING. TO PLACE A 4' HIGH FENCE WM "x4" POSTS FOR A CANOPY ON CITY R.O.W. TO BE USED AS AN OUTDOOR CAFE WILIVE MUSIC VENUES. ALL LIVE -MUST VENUES TO OBTAIN A SPECIAL EVENTS PERMIT. Parent AIP # Project # ProjectlPhase Name Phase # Size /Area Size Description y .r k 4� z� l 'i #s € 4 Mil # �k s Fh t¢ t w e AM 418 YRi w Address 600 NORTH ST EAST BUFFALO NY 14291 - Location ;�'. s� 1= �r ,� { _ k € m,� `�. a` ] w M 1 ' k` f' ' _- o-k'F W - .. Contact ID AC235800 Name JOSEPH CARRIER Mailing Address 614 E NORTH ST Organization City BUFFALO StatelProvince NY ZIPIPC 14211 Country USA ❑ Foreign Day Phone (716)570 -4997 x Evening Phone (716)893 -9593 x Fax Mobile # Occupant N From To Owner Y From 1 011 0120 0B To Contact ID AC60994 Name INEZ HORD Mailing Address 40 LARK ST. Organization City BUFFALO State/Province NY ZIPIPC 14211 -1128 Country USA ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 05/28/2000 To 05/06/2007 Contact ID AC1258250 Name HORD BOB & W Mailing Address Organization City 40 LARK ST State /Province BUFFALO NY ZIPIPC 14211 -1128 Country ❑ Foreign Day Phone Evening Phone Fax Mobile # Occupant N From To Owner Y From 02/22/2005 To 05/0612007 City of Buffalo 65 Niagara S.puare Buffvirs, NY 14202 (716)859 -4949 Fax (716)851 -5472 ! Report Date 05/02/2013 03:02 PM There are no Inspections for this Report Submitted By Mike Castro 620376 ENGINEER 1 Incomplete ❑ 051021201314:49 Detail 1. PRIOR REQUIRED APPROVALS Comments ❑ BondlCertified check No Comments ❑ First Insurances Check PRIOR APPROVALS ❑ Notarized Permissionl Bflo Arts Commission City Survey (con't) ❑ Arts Comm. Approval ❑ Subdivisions ❑ Special events ❑ Simple Demolition ❑ Telecommunication Common Council City Engineering ❑ Admin Office /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 ❑ Restricted Use Permit City Planning ❑ Other ❑ Citywide Site Plan ❑ Subdivisions Environmental Review ❑ Urban Renewal ❑ S.E.Q.R.A. C) N.E.P.A. City Survey ❑ Address Permit Law Office ❑ Development ❑ Insurances Check ❑ Flood Plain ❑ Title Held MD N There is no planning condition for this project. Modified By CASTM OUTDORCAFE Building Application r6 Page 3 Modified Date/Time 05/0212013 14:26 Permit Office ❑ Asbestos Survey ❑Asbestos Abatement ❑ BondlCertified check ❑ Assessment Combination ❑ First Insurances Check ❑Public Works approval ❑ Notarized Permissionl for portable sign one year Lease showing Use ❑ RodentlVermin Bait encroachment ❑ SewerMater Cut ❑ Sewer Retention ❑ Simple Demolition ❑ Telecommunication ❑ Simple Plan Approval ❑ Tree over 4" at 4' ❑ Zoning /Use Check Cl Thruway Sign approval Preservation Board ❑ Zoning Variance ❑ Preservation District ❑ Contiguous Check Water Department ❑ New Water Supply ❑ Water Retention CASTM 05/02/2013 14:43 No Records for This Search Criteria 0 Regular Committees 0 CIVIL SERVICE (Bonnie E. Russell, Chairperson) City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 65 Appointment -COB Board of Ethics (Mayor) PASSED May 14, 2013 Gerald A Chwalinski City Clerk AIPPRO ED MAY 2. ?013 , "-. iF, :{ i a VA Appointment — City of Buffalo Board of Ethics (Item No. 1, C.C.P., Apr. 30, 2013) Mrs. Russell 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 confirms the reappointment of Douglas R. Coppola, Esq. and James L. Magavern to serve on as members of the City of Buffalo Board of Ethics, and Elizabeth Brooke Harned, Esq. to serve as a member of the City of Buffalo Board of Ethics. — rr PASSED L� Recommended by the Committee on Civil Service Chairman CAUserAmGinskMppDataSL ... I ,rosoft\Windows\Temporary Internet Files\ Content .ouilook\oM2QVW6SAppointment Board ofEthics.d= � Moj -S 213- 6 314- 7 * FONTANA * PRANG - * +GOLOM BEK 140CURTO * PRWGEN RPIERA RUSS" # SCA WN City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 66 PASSED May 14, 2013 Designation of Nominees-Reappointment Bd of Trustees Bflo & EC Library (Alvarez-Perez, Maglietto-Smith)(Mayor) Gerald A Chwalinski City Clerk MAY 2,8 2013 AY(A. 'ILI Designation of Nominees for Appointment to the Board of Trustees of the Buffalo and Erie County Library (Item No. 2, C.C.P., Apr. 30, 2013) Mrs. Russell moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: That the designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Amy Alvarez- Perez, MD, residing at 957 Delaware Avenue, of Jessica Maglietto- Smith, residing at 480 Woodward, and Bernadette Taylor, residing at 143 Walnut, subject to confirmation by the Erie County Legislature, for a term expiring December 31, 2018 be, and they hereby are approved. Passed Recommended by the Committee on Civil Service L Chairman 'a CaUsersllrucinskilAppDatalLocallMicrosoftlWindowslTemporary Internet Files\ Content .Outlook10X32QVW6\Nominees - Library Board.docx 1 * AYE * NO * FONTANA PRANG * . GOLOMBER * 1AMTO * I'MGEN RIVERS RIiSS]RU SCANWN Moj - 5 213- 6 314- 7 City Clerk's Department BUFFALO May 17, 2413 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 67 Appoint Clerk (Inter) (Lo ekwo od)(EDPI) PASSED May 14, 2013 Gerald A Chwalinski City Clerk MAY 2;8 2013 —�- Loe—cl GOV M A Je 8 e A V14 0181 �Y - 1'? A 0 �-71 ®0067 Appoint Clerk(Inter)(Lockwood)(EDPI) ccp# 32, 04130 Mrs. Russell moved That Communication 32 of April 30, 2013, be received and Filed and that the Permanent appointment of Christian Lockwood, 712 Main St, Apt. 309, Buffalo, NY 14201 to the Position of Clerk, at the Intermediate Salary of $31,257.00 is hereby approved PASSED AYES -9 NOES -0 Recommended by the Committee on Civil Service �fn3 Jz Ej 5 3 e 9 * A . U * NOS FONTANA IPWCZYK , GIDLONMEK # 140CURTO PR UMEN RUSSELL SCANIION $ 213- G 314- 7 oc 00068 Notices of Appointments- Temp/Prov/Perm CCP #38, 04/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED Recommended by the Committee on Civil Service a COMMUNITY DEVELOPMENT (Joseph Golombek, Jr., Chairman) City Clerk's Department BUFFALO May 17, 2013 HON: BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 69 PASSED May 14, 2013 Report of Sale -310 Cornwall (Mas)(Strat Plan)( 413,4116) Gerald A Chwalinski City Clerk a 'MAY . � 8 2013 �` Mi Q0®6`) Report of Sale — 310 Cornwall (Masten)(Strat Plan) (Item No. 64, C.C.P., Apr. 30, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council withoA recommendation That the offer from Mr. Anthony R. Garr and Mrs. Adrienne C. Garr of 223 Virgil Avenue, Buffalo, New York 14216, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 310 Cornwall, 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. Recommended by the Committee on (� Community Development - airman l 3 eo C:\Users\trucinskilAppData\LocaiMcrosoft\WindowsNTcmporary lntemet Filesl Conteut.Outlook1QX32QVW6SRepart of Sale -314 Comwall.docx s, * AYE * NO fv FON7'AIVA PRANG GOLOMEK LOCURTO RUSSELL SCAT NON $ ' !3 - 5 34- 7 M- City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 70 PASSED May 14, 2013 Report of Sale-206 Winslow (Mas)(Strat Plan)(#64,4/16)(#14,3/19)(#79,4/2) Gerald A Chwalinski City Clerk P r.-O U M 2,8 A R 00079 Report of Sale — 206 Winslow (Masten)(Strat Plan) (Item No. 67, C.C.P., Apr. 30, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with Qw t recommendation. That the offer from Mr. Leighton B. Lindsay and Mrs. Dawn M. Lindsay of 654 Amherst Street, Buffalo, New York 14207, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 206 Winslow, 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. Recommended by the Committee on Community Development airman PASSED C:1 L3sers1 lrucinsl cilAppDatal L .ocal\Mjcrosoft\Windows\Temporary fntemet Fil eslContent .Dutlook1OX32QVW6aeport of Sale -206 Winslow.doex 0 * AYE * NO * FO&ANA FRANCZY3 GOLONEES LGCURTO PRIDGEN RUSSELL SCANLON RUM * * * 213- 6 314- 1 ,�4 �01 00O'71. S. Gawlik, Esg -NYS Urban Dev Corp - Canalside Project Update (C.CY #39, 10/3 0) MT. Golombek now moves that the above item be Received and Filed. ADOPTED - �; A��A9- Recommended by the Committee on Community Development 000 Empire State Dev- Notice of Lead Agency and Project Update - Canalside Project Entertainment and Cultural Complex (C.C.P #40, 10116) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Community Develo 2�� M ol LEGISLATION (Darius G. Pridgen, Chairman) City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 73 PASSED May 14, 2013 D. Hall, Agent, Use 310 North St to Replace Facing of an Existing Ground S ign and Install New Wall SignJCanopy(Ell)(hrg 517) Gerald A Chwalinski City Clerk MAY 2�,8 2013 " 1.6 W8 U AN floz D. Hall, Agent, Use 310 North Street to Replace Facing of Existing Ground Sign (Ell)(DPIS) (Item No. 48, C.C.P., Apr. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval subject to condition that the applicant obtain site plan approval from the City Planning Board; That pursuant to Section 387 -19 of the City Code, the Commissioner of Permits and Inspection Services be, and he hereby is authorized to issue a license to D. Hall, Agent, to replace the facing of an existing ground sign and install a new wall sign/canopy to an existing mixed use building is hereby approved subj ect to condition that the applicant obtain site plan approval from the City Planning Board. PAsseo. / C o n on S Recommended by the Committee on Legislation Chairman 3 10 CADocuments and Settingslc1chnerlLocal Settingsgemparary Internet FitesMKI17AGround sign 310 North (3).docx �� 3 AYE'S NO F014TANA FRANOZYK -A Ilk GOLOPPEK 14o TO RUSSELL SII,WN own 20 Y4- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 74 PASSED May 14, 2013 M. Petrillo, Owner, Use 1368 Hertel to Convert a Bakery to a Restaurant in the Hertel Avenue Special District (hrg 517)(Del) Gerald A Chwalinski City Clerk f l ia, 0 07 M. Petrillo, Owner, to Use 1368 Hertel to Convert a Bakery to a Restaurant in the Hertel Avenue Special District (Del)(DPIS) (Item No. 50, C.C.P., Apr. 30, 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, pursuant to Section 511 -55 of the City of Buffalo Charter, the Common Council hereby approves the application of M. Petrillo, Owner of 1368 Hertel for a change of use from a bakery to a restaurant in the Hertel Avenue Special District is hereby approve + J Recommended by the Committee on Legislation Chairman C:kUsers\lmcinskiUppbatal Local Vvlicrosun%Windows\Temporary Internet Filesl Content- Outlook10X W61Change use 1368 Henel.docx 0 �o * AYE * NO O * FONTANA FRA.NCZYK * .. * GOLONIM * * LOCURTO * PPJD GEN * R RUgfiE I * - SCAl N msij -5 3!4 - 7 * * , IE City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 75 PASSED May 14, 2013 M. DiMartile, Owner, Use 1516 Niagara to Re-Establish Use of a Sit-in Restaurant in the Niagara River Canal Special Dist (hrg 517)(Nia) Gerald A Chwalinski City Clerk Vt MAY 2.8 2013 --'- - - ... "6� MAY 1*1� :c W8 Be )IVW Eloz 1 J Y� N' i P' 0007115 M. DiMartile, Owner, Use 1516 Niagara to Re- Establish Sit -In Restaurant in the Niagara River Canal Special District (Nia) (DPIS) (Item No. 51, C.C.P., Apr. 30, 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 pursuant to Section 511 -68C and 511- 55H(1) of the City of Buffalo Code, the Common Council hereby approves the application of M. DiMartile, Owner, of 1516 Niagara Street, to reestablish use of a restaurant in the Ni, x - ASE Recommended by the Committee on Legislation C:l llsers\lmcinski\ AppData\ LocaR3v [icrosoft\Window,\Temporary Internet Files\Content.Outlock\OX32QV W6\Reestablis'n restaurairt 1516 Niagam.doen * AYE * NO FONTANA * FRANCZYK *... * ..,� GOLOWIM 'k LocWTO PRIDOEN Ap RUSS= SCANLON 20- d M -7 , 36 00077, Report of Sale -217 French (Fill)(Strat Plan) (C.C.P #7, 4/3 0) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development ADOPTED Recommended by the Committee on Legislation 1V 30 00077 Report of Sale -220 French, 222 French (Fill)(Strat Plan) (C.C.P 48, 4130) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development ADOPTED Recommended by the Committee on Legislation L� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO' DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 78 PASSED May 14, 2013 Food Store License New-970 Kensington (Mas)(EDPI) Gerald A Chwalinski City Clerk MAY 2013 f�, '� 0 T1 I.-i Food Store License (New) — 970 Kensington (Masten)(DPIS) (Item No. 26, C.C.P., Apr. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with4recommendation , 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 Ahmed Barman d/b /a Happy House Way Inc. located at 970 Kensington is herelproved. - - PASSED Recommended by the Committee on Legislation F 6111- �-? Chairman c C:\ Usersl ltueinskiUppDataV Lccal\MicrosoRlWindowslTemporery Intemet Fites\Content.Ouilook1OX32QV W6lfoad store license- new -970 Kensington.d= 1A 4 * AYE * NO FONTANA FRANCZYK +GOrLUNRM - 5 IS - 6 314 f 7 40CURTO PRMM RIvIft RUSS= SCAMOON S11IlTS � $ � i City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 79 PASSED May 14, 2013 Food Store License New -295 Main (Fill)(EDPf) Gerald A Chwalinski City Clerk 3 I MAY � .� 20.13 'rh Wd 8 e V1,1 E I oz Qo p�� Food Store License (New) — 295 Main (Fill)(DPIS) (Stem No. 27, C.C.P., Apr. 30, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Carl Paladino d/bla Ellicott Square Trading Company located at 295 Main is hereby appr sd. AD Recommended by the Committee on Legislatio Chairman l C:IUsemVmcinski\AppDataSLoca] MicrosoRlWindows\ Temporary Internet Files \Content.outlooklOX32QV W6lfaod store license- new -295 Main.doc *AYE * NG � FONTANA IWC GOLOMEK LGC RTO .. . PMGEN PJ[VIU A. RUSSELL SCAINLON $ 213 - G 314- 7 * ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 80 PASSED May 14, 2013 Request to Rename Riverside Access Road (Golombek) (Final Resolve) Gerald A Chwalinski City Clerk 1 � KI " MAY 2 S 2013 :E Hd � A . 0004 Request to Rename Riverside Access Road (Item No. 89, C.C.P. Apr. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council withoc -+ a. recommendation Th the Common Co 'I hereby app o s changin the name o rside ce Rl from Niag Stree t the BI k k Can ark "B1 c Ro arb r Roa order to provide cl d nci d' ections t ss the Ont o Street Boa aunch and Black Rock Canal Park; an That pursuant to City and Buffalo Charter and Code 286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a Notice of Intention to rename a public street. That notice of a public hearing be contained within the notice of intention pursuant to City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo; and That the Common Council hereby requests that the City Clerk, upon approval of this resolution, forward certified copies of the resolution to the United States P aI Service. Recommended by the Committee on Legislation T Chairman .r MR. PRIDGEN MOVED TO APPROVE FINAL RESOLVE THE REMAINDER RECOMMITTED TO THE COMMITTEE ON LEGISLATION 1u C \Documents and SettingslclehnerV . ocsl SettingsUemporary Internet Files1OLKIEARequest to Renama Riverside Access Raad.dom Resolution to rename Riverside Access Road Be it further resolved: That pursuant to City and Buffalo Charter and Code 286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a Notice of Intention to rename a public street. That notice of a public hearing be contained within the notice of intention pursuant to City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo. 9 * AYE * NO FONTANA IWCZYK GOLOAMM LQCURTO IgMGTN �E MVERA RUSSELL ¢ SCANLON * Spam maj - 2/3- 5 314 - T ,� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I. present herewith the attached resolution item. No. 81 PASSED May 14, 2013 Ordinance Amendment- Section 309-17 Animals and Vehicles Restricted to Certain Areas(Scanlon) Gerald A Chwalinski City Clerk MAY 2 8 2013 (7 OOOL-� Ordinance Amendment— Section 309 -17 Animals and Vehicles Restricted to Certain Areas (Item No. 94, C.C.P., Apr. 30, 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 Code of the City of Buffalo, Section 309 -17 as it relates to the use of privately owned golf carts at Cazenovia Golf Course and the South Park Golf Course be amended as specified in the attached Ordinance Amendment. r--"\ Recommended by the Committee on Legislation Chairperson k C:\ UsersUrucinsld\ AppDatalLocallMicrosoft \Window&\Temporary Intemet Files\ Content .Outlook1OX32QVW61Ordinance Amendment -Ch 304- 17.dccx R ra FONTANA IWCZYK GOLOMEK J40C[}RTO Fjvl B.A RUSS= ** * SCAMON 213 6 * 314- 7 �. 3 000*- Food Store License (New) — 1096 Kensington (Masten)(DPIS) (Item No. 74, C.C.P., Apr. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the withpa�hecommendation I , hat the Commission of Pe i nspectic pursu t to hapter 94 of e ode to issu a Fo Karim laicy o d Deli located at 109ti „c; Recommended by the Committee on Legislation ereby authorized to Khondoker A. C:1 Usersl lrucinskiUppDatslLcca ]IlvficrosoRlWindowslTempamry Internet File \Content.Outlook1OX32QV W65rood store license- new -1096 Kensington.docx Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation s991299AD 00083 J. Mano- Concerns Comingling (C.C.P #48,11/13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation 000s WhL Notice of Hearing for Violation of Ch 511- 68.6 - Downtown Ent Review District(EDPI) (C.C.P 429, 10/3 0) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED Recommended by the Committee on Legislation IM City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 85 PASSED May 14, 2013 Food Store License(New)-791 Tonawanda (North)(EDPI) Gerald A Chwalinski City Clerk MAY 2.8 2013 �� --c wd 0 � Am E I v 000 000 Food Store License (New) — 791 Tonawanda (North)(DPIS) (Item No. 36, C.C.P., Jan. 22, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Hussein Ali d/b /a Akad Market located at 791 Kensington is hereby approved upon the following conditions: • Hours of operation: Sunday — Thursday store must close by 10:00 p.m. • Hours of operation: Friday and Saturday store must close by 11:00 p.m. • Store must have at least two working security cameras — one inside of store and one outside of store • No hand painted signs • No obstruction of windows • No selling of "loose" items — i.e. cigarettes, single diapers • No selling of drug paraphernalia including "one -hit" glass tubes, cigarette rolling papers • No selling of blunts Recommended by the Committee on Legislation p C:1 UsersUmcinskiL 4ppDatalLocat \MicrosoftkWindows\Temporary Internet Fi1eslContent,Out1aokW32QV W6Vbud store license- new- 791Tonawanda.doex D * AYE * NO � FONTANA FRANCS GOLONMEK L0CLRTO PRIDGEN RUSSELL mtkj -5 $ 213- 5 34 - 7 RESOLUTIONS May 14, 2013 RESOLUTION Sponsors: Mr. Fontana and Mr. Smith RE: Buffalo Employment and Training Center Date: May 8, 2013 WHEREAS, The Buffalo Employment and Training Center (BETC) serves as a monument for employment services and resources by connecting workforce development organizations and partner agencies with the goals of providing and assisting qualified citizens of Buffalo and Erie County in obtaining employment and linking employers; and WHEREAS, Over the past years, Buffalo has held the distinction of being among the poorest large cities in the United States where poverty contributes to high rates of adult illiteracy, homelessness, unemployment and dependency on limited government services. There are a variety of agencies that provide services to assist citizens experiencing poverty that the Buffalo Employment and Training Center (BETC) could link with. The Western New York Homeless Coalition is a host to over forty not for profit service provider agencies. These agencies engage citizens who are impacted by poverty to assist them with concrete services; and WHEREAS, The Buffalo Employment and Training Center (BETC) offers an array of services for the unemployed and under employed that would potentially assist citizens experiencing poverty in obtaining employment-and other needed services. By serving as an adjunct to agencies who work with citizens affected by poverty, the Buffalo Employment and Training Center enhances the potential for stability; and WHEREAS, The location of the Buffalo Employment and Training Center (BETC) is conveniently centralized in the City of Buffalo which allows for access of citizens who are impacted by poverty to utilize its one -stop service environment and services; and NOW, THEREFORE BE IT RESOLVED, That the Buffalo Common Council requests that the Buffalo Employment and Training Center (BETC) collaborate with Western New York Homeless Coalition by networking, attending at least one meeting per quarter and provide monthly communication regarding efforts and conduct two collaborative events per year. NOW, THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to the Buffalo EmployrjNnt and Training Center (BETC), Mayor Byron W. Brown, and the Western New York Homeless Coalif on nd its membership agencies. Richard A. Fontana Common Council President Lovejoy District Council Member ,- 3- T]fkfnone A. Smith Majority Leader Masten District Council Member ADOPTED DC � - \DS M By: Mr. Fontana Ordinance Amendment 0005 The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending subdivision §216 -5 to read as follows: § 216 -15, collection and disposal charges Refuse material acceptable to the Commissioner of Public Works and Streets, as described in Chapter 216, generated in the City, disposed at City disposal site Owner occupant of residential unit in the City of Buffalo: no charge for first ton per ye ar p er residential unit. [Person residing in or doing business in City (except licensed solid waste collectors or contractors): no charge for first ton per year.] For anything over one ton per year, the charge will be $40.50 per ton, plus fuel adjustment charge as per City of Buffalo disposal contract All others [Nonresidents of the City of Buffalo, or those not doing business in the City of Buffalo]: $40.50 per ton plus fuel adjustment charges as per City of Buffalo disposal contract Any County, Village, Town or City charges as follows: Under contract with Modern Landfill: $1.50 per ton b� E Not under contract with Modern Landfill: as negotiated with Commissioner of Public Works and Streets §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CO N COUNSEL - y: allan r. "VISUIRL11 Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE N LEGISLATION, By: Mr. Fontana Ordinance Amendment 0008 §103 -38 General Method of Demolition The Common Council of the City of Buffalo does hereby ordains as follows: Section 1. That paragraph (1) of subdivision A of section 103 -38 of the Code of the City of Buffalo be amended to read as follows: (1) An asbestos survey, asbestos abatement letter, and an inspection report supplied by a New York State licensed asbestos inspector, must be submitted as part of the application for a building demolition permit. An asbestos survey is needed for the demolition of any building built before January 1, 1974, excluding agricultural. A licensed asbestos handler contractor shall perform any and all asbestos abatement projects performed in the City of Buffalo. This contractor shall also be licensed by the City of Buffalo as a specialty contractor. [The asbestos handler contractor shall obtain a building permit prior to the asbestos abatement work. The Commissioner of Permit and Inspection Services or his designee shall inspect the completed asbestos abatement prior to any demolition or dismantling action taken by the contractor.] APPROVED AS TO FORM TIMOTHY A. BALL 7CO. T UNSEL t.. By: Al erstman Asst. Corp ation Counsel REFERRED TO THE COMMITTEE . ON LEGISLATION. Underlined material is new. Material in brackets [] is deleted. G'S RESOLUTION 00089 Sponsors: North District Councilmember Joseph Golombek, Jr. Subject: Move School Board Elections to November Whereas: In 1974, the Buffalo Board of Education held its first May elections in an effort to be independent and non - political, as well as to foster more concentrated interest and focus for the citizens of Buffalo; and Whereas: In the most recent School Board election, held on May 7, 2013, approximately 6% of voters cast a ballot for their respective subdistrict School Board election. In an era where school issues are as important as ever, it is not wise to hold and election. in May in which 94% of the voting population stay home; and Whereas: Almost 50% of property taxes collected in the City of Buffalo is sent to the Buffalo School District; and Whereas: A November School Board election would be more cost effective for the City of Buffalo and would insure greater voter participation in School Board races; and Whereas: The Common Council has sponsored resolutions calling for the School Board elections to be held in November in 1995, 1997, 2001, 2004, 2005, 2007, 2009 and 2011 and has also sponsored home rule messages imploring the New York State Senate and Assembly to amend the education law; and Whereas: Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November; and Whereas: November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting population; and Whereas: Holding Buffalo School Board election in November with other general elections would foster greater transparency, while making a larger number of voters more aware of the candidates and their positions; and Whereas: Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these elections to coincide with the November general elections; and Whereas: In recent years the Buffalo Board of Education's May elections have become more and more politicized; and Whereas: Critics contend that moving the elections to November would make the election process too political. The Teachers Union, a New York City group and the Buffalo Niagara Partnership all backed candidates in the races and spent tens of thousands of dollars backing candidates, a definite indication that May elections do not take the politics out of the races; and Whereas: It is readily apparent that the high expense and low voter turnout associated with the May School Board elections make it advisable to move these elections to coincide with the November general A elections; and j ��` 0 0 ��5v Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo supports amending New York State education law to allow the Buffalo School Board elections to coincide with the November general elections; and Be it Further Resolved: That the Common Council memorializes the New York State Legislature to amend the New York State education law to allow for members of the Buffalo Board of Education to be elected at the November general election. Be it Finally Resolved: That the City Clerk send copies of this resolution to the Secretary of the New York State Senate, the Clerk of the Assembly, to members of the Western New York delegation of the Senate and Assembly, to School Board Superintendent Pamela Brown and to the City of Buffalo Board of Education for their comments. r Jos ph Golombek, Jr. North District Councilmember i RESOLUTION 0 0 0 91 0 Sponsor: Mr. Golombek , ax. Subject: Recycling Within Buffalo Municipal Housing Authority Properties. Whereas: The Buffalo Municipal Housing Authority is a separate governmental agency within the City of Buffalo; and Whereas: The Buffalo Municipal Housing Authority is the biggest landlord of properties within the City of Buffalo, where it manages 4,307 housing units located in 27 developments throughout the city; and Whereas: Over the years, the City of Buffalo has instituted a citywide recycling program to address environmental issues, while also using the program to help minimize costs associated with sanitation disposal; and Whereas: During the same time period, the Buffalo Municipal Housing Authority has not instituted a recycling program for their developments, which has led to the disposal of approximately 500 tons of recyclable material into landfills each year; and Whereas: The failure of the Buffalo Municipal Housing Authority to institute an authority -wide recycling program has also produced unnecessary expenditures in regards to sanitation disposal each year; and Whereas: Many of the 10,000 residents of the Buffalo Municipal Housing Authority have asked the authority to create a recycling program, while the authority has failed to take action on their request. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo calls upon the Buffalo Municipal Housing Authority to institute an authority -wide recycling program tailored to need the needs of its residents. Finally, Be It Resolved: The Common Council of the City of Buffalo calls upon the Buffalo Municipal Housing Authority to institute the recycling program in order to help promote protection of the environment, while making itself fiscally responsible to the taxpayers of the City of Buffalo. 1 01-7— V. %444 Joseph Golombek Jr. 9 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO FRIMIT26TH Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 91 PASSED May 14, 2013 Permission to Conduct the 15 Annual Allen West Festival Gerald A Chwalinski City Clerk F7 M AY 2:8 2013 A�7 I i M Resolution By: Mr. Franczyk 00091-q4. Re: The 15 Annual Allen West Festival Whereas: The Allentown Association, Inc., has requested permission to conduct the 15 Annual Allen West Festival on the weekend of June 8 th and 9 th 2013; and Whereas: The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year the Allen West Festival attracts thousands of people to the City of Buffalo, including over two hundred talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Association to hold the 15 Annual Allen West Art Festival; Now Therefore Be It Resolved: This Common Council hereby grants to the Allentown Association, Inc. permission to conduct the 15 Annual Allen West Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and Be It Further Resolved: Date and Time of Event The event shall take place the weekend of June 8th and 9 th 2013, between the hours of 10:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 6:00 AM Until 8:00 PM; and Be It Further Resolved: Event Area The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the cast, Virginia Street on the south, and Orton Place and Cottage Streets on the west; and Be It Further Resolved: Event Participants The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and/or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides). 61 2. Approval Process Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and/or crafts shall not be included in that total. 3. Food Concessionaires and Vendors Only food concessionaires and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items The Allentown Association, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo; and Be It Finally Resolved: 1. Remote Broadcasts Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Association. Promotional activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out-of-doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3. Inflatable Devices All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. Da id A. Franczyk *A * FONTANA � * FRA.NCZYK ..* * GDLOMSR MOGEN * RIVER,. RUSSELL f SCANLON 213- 5 * :� 314- 7 * , 000 Appoint Marriage Officer By Michael J. LoCurto 5/03/2013 Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall commence June 1 2013 and expire September 30 2013. Abraham Munson -Ellis E �` (� MICHAEL J. LOCURTO Delaware District Councilmember 0� 1' Z� City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 93 PASSED May 14, 2013 Permission to Hang Pride Flags on Portions of Elmwood Ave and Allen St Gerald A Chwalinski City Clerk jp MAY 2 8 2 013 M, A u I ...... .......... S� :C W8 8z ) E101 "0" 0009,E RESOLUTION Sponsor: Council Members Michael J. LoCurto, Darius G. Pridgen and David A. Franczyk S;*t: Permission to Hang Pride Flags on Portions of Elmwood Avenue and Allen St Date: May 6, 2013 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: The Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not -for- profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and Whereas: Each June, Western New York and the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities, and this celebration is marked by the installation of traditional rainbow pride flags along Elmwood Avenue and Allen St; and Whereas: PCWNY is requesting permission to hang flags specifically located on Elmwood Avenue between West Delevan and West Chippewa and also on Allen Street between Delaware Avenue and Main St; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of flags that include the necessary information to fully comply with the requirements established. PCWNY has received a copy of these conditions provided by the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested flags. Now, Therefore, Be It Resolved: That the requested banners, flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of WNY to hang flags located on portions of Elmwood Avenue and Allen St in Buffalo and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the flags in the City of Buffalo. r r r r MICHAf J. LOCURTO DARIUS G. PRIDG Delaware District Councilmember Ellicott District Councilmember DAVID A. FRANCZYK Fillmore District Councilmember PASSED �q t c *ATE *NO FONTANA F.�ANC� � . • � •* GOLONEW * LOCURTO * ' PMGEN * # RUSS= SCANLON * * $ * 213- G 314- 7 00094 Resolution ponsors: Councilmember LoCurto, Councilmember Rivera, and Councilmember Franczyk 1 0 : Pride Month in the City of Buffalo Whereas, Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Buffalonians are commemorating their community's rich history of courage, spirit, achievement and activism by organizing the annual LGBT Pride Parade, Festival Dyke March and several new events, celebrating 2013 under the theme of "Fearless;" and Whereas, the LGBTQ community has certainly demonstrated their fearlessness, perseverance, and courage, winning even more legislative battles that included the passage of civil unions in Colorado and of marriage equality in Maryland and Delaware, joining nine other states, including New York, Connecticut, Iowa, Maine, Massachusetts, New Hampshire, Rhode Island, Washington, and Vermont; and Whereas, support for Buffalo and WNY's LGBTQ community continues to grow, with attendance to the Annual Pride Festival growing from 2,500 in 2011 to a record 15,000 in 2012. In addition to the traditional Pride Parade, Festival, Dyke March and Allen Street Festival, this year's celebration will also feature new attractions, such as a Gay 5K run, a memorial LGBTQ Art Gallery, a beach celebration, and the 1 Annual Back Lot Bash, which has typically been held in Chicago for the past 10 years; and Whereas, The Pride Center of Western New York is proud to present the newly expanded Buffalo Pride Week, now in its 22" year, from May 28 through June 3` 2013 to celebrate these and many other accomplishments, as well as the diversity and strength of the local and national LGBTQ community; and Whereas, these celebrations would not be possible if not for the extraordinary work done every day by the Pride Center of Western New York, a local not- for - profit that uses innovative programming, activism and support to make our community a safe and healthy place for LGBTQ individuals to live, work, and establish a family; and Whereas, in 2010; the Pride Center secured funding to become the organizers of Buffalo's annual pride festivities, successfully expanding the celebration as well as the awareness of contributions made by LGBT Western New Yorkers every day; and Whereas, LGBTQ individuals have made valuable contributions to our community in areas that include business and commerce, arts and culture, the military, community volunteerism and leadership, religion, medicine, law, environmental protection, athletics, civil rights, and education, and they continue to lead the larger community in addressing and remedying the many problems posed by issues such as the HIV /AIDS pandemic, bullying and hate crimes, and discrimination; and Now, Therefore, Be it Resolved That, The City of Buffalo Common Council does hereby recognize the many civic contributions of the LGBTQ community in the City of Buffalo and of the Pride Center of Western New York, and encourages all people to share in the pride of our City's diverse citizenry by participating in the Pride Flag Raising on May 28 and, of course, the many events and celebrations through Pride Week and the month of June; and Be it Further Resolved That, June 2013, be and is herby proclaimed to be MONTH" in the City of Buffalo. M I CH,4 L J. LoCURTO Delaware District Councilmember u BIAN, GAY, BISEXU , AND TRANSGENDER PRIDE DAVID A. RIVERA DAVID A. FRANCZYK Niagara District Councilmember /illmore District Councilmember � �av 00095 RESOLUTION Sponsor: Council Member Pridgen Subject: Council Approval for NFTA bus stop changes that effect parking Date: May 14, 201.3 Whereas: The City of Buffalo recognizes the valuable service that the NFTA provides to our citizens and the City seeks to work in conjunction with the NFTA to continue to provide quality transportation; and Whereas: Route changes, including stop additions may become necessary over time based on NFTA studies and rider demand; and Whereas: Route changes may cause an adverse effect on parking, especially in residential areas causing residents to park further away from their homes; and Whereas: Currently, the only department within the City that is advised of such changes is the Department of Traffic and Engineering and subsequently the Department of Parking is informed due to the required enforcement of parking restrictions on bus routes; and Whereas: District Council Offices receive numerous complaints once the bus route and parking changes take effect; thereby compelling staff to research and advocate for constituents during parking hearings. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby calls for the Department of Law to research whether an ordinance can be passed requiring Council approval of any NFTA route and /or stop changes that effect parking in the City of Buffalo. Be It Finally Resolved: That a copy of this resolution be sent to the Departments Law, Traffic and Engineering, and Parking, as well as the NFTA. C Darius G. Pridgen Ellicott District Council Member ADOPT AV "t) b's NF City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 96 PASSED May 14, 2013 Disch Leg Comm Item 46 CCP 4130113 Report of Sale -1769 Bailey (Lov)(Strat Plan) Gerald A Chwalinski City Clerk A 6P 1""' FiFll, ' MAY'282ot3 ,- By: Mr. Pridgen Date: May 14, 2013 000 Re: Discharge Legislation Committee Item #6, C.C.P. Apr. 30, 2013 "Report of Sale -1769 Bailey (Loy) (Strat Plan)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #6, C.C.P. Apr. 30, 2013 "Report of Sale -1769 Bailey (Lov) (Strat Plan)" and said item is now before the Common Council for its consideration. MJ MOTION TO ADOPT DISCHARGE MOTION TO APPROVE r�k-j * AYE * NO FONTANA. � PRANG * �* * GOLONEEK WCURTO * PRIDGEN * * Russu , SCANION 23- G 314- T :� RESOLUTION 9 r; -� Sponsors: Ellicott District Councilmember Darius G. Pridgen, Date: May 14, 2013 Subject: Pedestrian Safety at 140 Ramp Church Street and Bingham St. at Adam's Mark Hotel Whereas: The Buffalo Common Council is committed to the safety of its citizens by being proactive in addressing any concerns regarding infrastructural issues that may put people at risk; and Whereas: Pedestrians attempting to reach the Channel 7 News building and The Adam's Mark Hotel from the Bingham and Church Street parking lot must navigate an unsafe median, and, in cases of snow and mud, are forced to walk in the street; and Whereas: High speed traffic exiting the I -190 creates an increased threat to pedestrian safety, particularly at peak traffic times of morning and evening rush hours; and Whereas: The areas in question and the ramp are overseen by the New York State Department of Transportation; and Whereas: A study by the responsible parties could determine whether a sidewalk extension, a crosswalk or a number of traffic control devices could be effectively utilized to makes this median more pedestrian friendly; and Whereas: A failure to immediately address this concern has great potential for pedestrian injury or fatality; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests the New York State Department of Transportation to immediately assess and rectify the aforementioned dangerous situation; and Be it Finally Resolved: That a copy of this resolution be sent to The New York State Department of Transportation, The Office of 144' District Assemblyman Sean Ryan, Commissioner of Public Works Steven J. Stepniak, and the Department of Strategic Planning. C � 014mz Darius G. Pridgen Ellicott District Councilmember = t��J DP AC RESOLUTION Sponsor: Council Member Pridgen Subject Public Notice of Delinquent City of Buffalo Accounts Date: May 14, 2013 Whereas: The City of Buffalo fights to remain fiscally conservative during a time of escalating costs and decreased funding streams; and Whereas: The City of Buffalo seeks to remain solvent under such demanding constraints of increased service requests with limited additional revenue; and Whereas: Departments of the City of Buffalo issue summonses, fines and fees in accordance with the City Charter in order to ensure the safety of the lives and property of citizens; and Whereas: Recipients of said summonses, fines and fees are responsible for the debt they incur and should seek to satisfy substantiated debts in a responsible manner; and Whereas: To date, the City of Buffalo currently has approximately $26 million in uncollected debt, including unpaid fines and fees thereby causing the City to incur additional costs to seek payment. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby calls for the Department of Administration, Finance, Policy & Urban Affairs, along with the Department of Law to examine whether a public notice of delinquent accounts can be established to inform the public of persons and entities that have delinquent accounts with the City of Buffalo that are more than one year outstanding. Be It Finally Resolved: That a copy of this resolution be sent to the Department of Administration, Finance, Policy & Urban Affairs and the Department of Law. Darius G. Pridgen Ellicott District Council Member NF City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 99 Trico Building Moratorium PASSED May 14, 2013 Gerald A Chwalinski City Clerk MAY 28'201P PH C1 N MAY 28'201P PH C1 RESOLUTION c BY: Darius G. Pridgen A L.� DATE May 1, 2013 Q 0 ® 9` SUBJECT: Trico Building Moratorium WHEREAS, The Trico Product Building bounded by Ellicott, Goodell, Washington and Virginia streets, is the former home of the Trico Products Corporation windshield wiper factory. Trico Products Corporation manufactured the first windshield wiper and employed thousands of City workers at the site up until March 2004, when the factory was closed after 87 years; and WHEREAS, Due to this history of the building it is important to give additional time for interested groups to do additional due diligence in order to make a fair and appropriate decision; and WHEREAS, It has been stated in the local media that the Buffalo Niagara Medical Campus would support giving Preservation Buffalo Niagara six months to come up with a viable plan to preserve and reuse the Trico complex; and NOW, THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council rat a moratorium on the demolition of the Trico Products Building until December 31, 2013 for further feasibility studies on behalf of interested parties; and BE IT FURTHER RESOLVED, That the Department of Inspections and Permit Services not issue any demolitions permits for the said structure during that period; and BE IT FINALLY RESOLVED, That certified copies of this resolution be immediately forwarded to the Department of Public Works, Department of Inspections and Permit Services, Preservation Board, Mayor's Office, City Comptroller, Corporation Counsel, Buffalo Niagara Medical Campus, Preservation Buffalo Niagara. a�- Darius G. Widgen Ellicott District Council Member !1 mew r�� �p * * NOO * FONTANA JWCZYK -k +GOLOMBER * 740CURTO PRWGEN RUSSELL SCAIVLON maj -5 213- G 314- 7 , City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 100 PASSED May 14, 2013 Waive Park Rental and Event Fees for Various Events Gerald A Chwalinski City Clerk X 1 1:c lid PeAvoq €601 W Resolution Sponsors: Darius Pridgen & Demone Smith Re: Waive Park Rental and Event Fees For Various Events Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that to be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the code; and Whereas: The G.I.R.L.S Sports Foundation, Inc. INICYO will host a Female Basketball Slam Jam coupled with motivational speaking, Chinese Auction, prizes and giveaways; and Whereas: This event will be held on consecutive Saturday dates of July 13, 20 and 27 at Masten Park; and Whereas: The Randy Smith Basketball League, an annual Summer Basketball League for young men and women ages 7-18 which is held from July 8 th to August 16 ; and Now, therefore be it resolved: That the Common Council of the City of Buffalo waives the Park Rental and Event Fees for the above listed events, He it further resolved: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks and Streets. Darius Pridgen Ellicott District Councilmember Dem6fie Smith Majority Leader Masten District Councilmember PASSED /` aim El AYE NO FONTANA. .PRANG +G010N EK 140CURTO nMIGEN Rugg= SCANLO►N 213- 6 0 34- 7 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 101 PASSED May 14, 2013 Waive Permit Fee for The Children's Parade Gerald A Chwalinski City Clerk MAY 2t 2013 A b! bi MAY 2t 2013 A b! Resolution Q10. By: Ellicott District Council Member Darius G. Pridgen Re: Waive Permit fee for The Children's Parade Date: August 31, 2013 Whereas: The El Shaddai Church is utilizing City Hall, from Niagara Square to Maryland Street to promote the local West Side Christian Children's Parade; and Whereas: Beginning 12N -2 PM on Saturday, August 31, 2013, the Children's Parade is free and open to the general public; and Whereas: Hot dogs, hamburgers, sandwiches, pop, and water will be served under the tent at Tops, located at 425 Niagara Street; and Whereas: In the event of rain, it will be held at the El Shaddai Church, 27 Bremen Street. Now, Therefore, Be It Resolved: That the Common Council commends El Shaddai in their effort to promote the Children's Parade involving 14 local West Side area churches; and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works. C-1 Darius G. Pridgen Ellicott District Council Member dt /A�y ATE * NO FONTANA FRA.NCZU +GULUMBm LOCmTO ' PMM RUSMI SCAMON 7 23- 6 314- 7 3 ATE * NO FONTANA FRA.NCZU +GULUMBm LOCmTO ' PMM RUSMI SCAMON 7 23- 6 314- 7 City Clerk's Department BUFFALO May 17,200 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. . No. 102 PASSED May 14, 2013 Transfer in Funds-Common Council Gerald A Chwalinski City Clerk MAY 2,8 2013 11, ( - a ",1 UZ .� W8 ez Cl BY: MR. SCANLON 00-j � Transfer of Funds � That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10102001 - 412002 Hourly 10110004-458001 Transportation Councilmember Franczyk 10110004- 458002 Meals and Lodging Councilmember Franczyk 10110004- 458003 Registration Fees Councilmember Franczyk To: 10220006- 434000 Other Contractual Services PASSED Christopher P. Scanlo� L J I-9 $ 3,643.50 $ 545.00 $ 1,361.50 $ 50.00 $ 5,600.00' eo�k AYE * NO FOl► TANA ItRMCZYK +GOLONEEK T. olmT4 PRIDGEN MVIRM RUSS= SCANLON SPAM mAj -5 314- ? City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3 -19 of the Charter, I present herewith the attached resolution item. No. 103 PASSED May 14, 2013 Waive Park Rental and Event Fees for S Bflo Football Carnival Gerald A Chwalinski City Clerk 5h : 8�i0� 0010 RESOLUTION Sponsors: Christopher P. Scanlon Subject: Waive Park Rental and Event Fees for South Buffalo Football Carnival WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Football Association provides hundreds of children in the city of Buffalo the opportunity to play little league football at an affordable price; and WHEREAS, Every year, they hold an annual carnival at Cazenovia Park to offset the costs of the sport, alleviating financial pressure from families who have children in South Buffalo Football; and WHEREAS, The South Buffalo Football Carnival will be held Friday May 24 — Monday May 27 of 2013; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive the City Olmsted Park fee and event fees for the South Buffalo Football Carnival; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, and Law. r ' istopher P. SVanlon South District Council Member f\q 4 * AU * NO O FONTANA IWCZYK GOLOMEK # WIMT8 PRIDGEN RUSS= SCANLO 213- 6 314- 7 in 0010 RESOLUTION BY: Councilmember Smith RE: Home Rule Request to pass Assembly Bill A 3702 -A entitled "AN ACT to amend the Vehicle and Traffic Law in relation to directing the city of Buffalo to adjudicate traffic violations ". WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill No 3702 -A, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further flp� RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly, the New York State Senate, and the local delegation to "e T�1ew York State Legislature. Demone A. SMith Masten District Council Member 2 3� RESOLUTION 00 BY: Councilmember Smith RE: Home Rule Request to pass Senate Bill S 870 -A entitled "AN ACT to amend the Vehicle and Traffic Law in relation to directing the city of Buffalo to adjudicate traffic violations ". WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 870 -A, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further 1 RES LVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of New York State Senate, the New York State Assembly, and the local delegation to the Ne ork State Legislature. Demone A. Smith Masten District Council Member - A P ®o1®(; RESOLUTION BY: Councilmember Smith RE: Home Rule Request to pass Assembly Bill A 5897, "AN ACT to amend the local finance law in relation to the sale of bonds and notes of the city of Buffalo ". WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill 5897, entitled: "AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such Iegislation by local law. Explanation The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ��TE Demone A. Smith Masten District Council Member V3 RESOLUTION Q 0 10 BY: Councilmember Smith RE: Home Rule Request to pass Senate Bill S 4244 "AN ACT to amend the local finance law in relation to the sale of bonds and notes of the city of Buffalo ". WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds and notes at private sale; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 4244, entitled: "AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the Nep, York State Legislature. Demone A. Smith Masten District Council Member \05 City Clerk's Department BUFFALO May 17, 2013 HON. BYRON W. BROWN MAYOR OF BUFFALO DEAR SIR: Pursuant to the provisions of Section 3-19 of the Charter, I present herewith the attached resolution item. No. 108 Trailblazing Sign Request for Vera Melody Foster PASSED May 14, 2013 Gerald A Chwalinski City Clerk 9�:c k U MAY 28 2013 r . Kqll � I rI RESOLUTION 3 By: Mr. D. Smith 00108 Re: Trailblazing Sign request for Vera Melody Foster Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Vera Medley Foster was born in Helena, Ark. After the death of her parents at an early age, she went . to live with her aunt and grandparents; and Whereas: In her teen years, she moved to Evanston to live with her uncle and attended Evanston Township High for a short time before returning to Helena, Ark. And later graduating from Eliza Miller High School; and Whereas: At age 21, she married Bernard (deceased) and moved to St. Louis, Missouri to work in the restaurant industry. She would later own a restaurant with her husband Bernard, called the "B &V Sandwich Shop "; and Whereas: 10 years later, she left St. Louis to visit her aunt and later met and married her second husband, Clinton Foster, and raised 3 children; and Whereas: At this time, she began her career as a licensed beautician, owning a salon for many years; and Whereas: She would also serve as President of the North Fillmore Businessmen's Association, Director of the Second Temple Missionary Baptist Church's food pantry, P.S. #23 Remedial Reading Volunteer, Member — Delavan- Grider Concerned Citizens, and for many years, a Democratic Committee Person; and Now, therefore be it resolved: That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the corners of "Northland and Jefferson Avenue" and proclaiming the area of Northland between Jefferson and Humboldt Pkwy "Vera Medley Foster Way' Be it finally resolved: That the Department of Public Works is direct to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. Majority Leader, Buffalo Common Council Masten District Councilmember Fg3 W Demone A. Smith j b!�'? M4.5 213 6 34 7 AYE NO FONTANA GOL0I%� I,0claTo PRIUDGM " .P BUSS M SCAMN 3 0 � 107 BY: DEMONS A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Isabell Berger Total: 1 Adopted 5114113 30 [ca 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: Marisa Bartolotta Rebecca Brooks Shiana Denise Eve Charles H. Fisher III Dorothy U. Furtney Christopher R. Giza Angela Gugino Paul Henderson George A. Hinterbichler Kevin J. Hosey Charles D. Johnson Kevin Kirwan Benjamin Matta Kristy Lynn Mazurek William A. Pauly Ellen Przepasniak Lisa Santora Martin J. Sawma Jeff Sheridan Kelly Snekser Julie E. Szymanski Julie Ulicki Catherine C. Walsh Cristina Wasinger Jessica Wellings Erich S. Weyant Ta'Ria A. Wideman Andrew Woods TOTAL: 28 ADOPTED ON 5114113 0 1 h '11J ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev Committee on Legislation Special Committees Tuesday, May 21, 2013 at 9:45 o'clock A.M. Tuesday, May 21, 2013 at 10:00 o'clock A.M. Tuesday, May 21, 2013 at 1:00 o'clock P.M. Tuesday, May 21, 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 ake notification of what we are made aware. E 0011 No. Adjournment On a motion by Mr. Smith, Seconded by , the Council adjourned at GERALD CHWALINSKI CITY CLERK May 14, 2013